Town of Mount Desert
Board of Selectmen
Meeting Minutes
February 17, 2015
A meeting of the Board of Selectmen was held this date in the Community Room, Somesville Fire Station, Somesville, Maine.
Those present included: Chairman John Macauley; Selectmen Martha Dudman, Matt Hart, Tom Richardson and Dennis Shubert; staff members Town Manager Durlin Lunt, Treasurer Kathi Mahar, Fire Chief Mike Bender, Assessor Kyle Avila, Public Works Director Tony Smith, Harbormaster John Lemoine, and Town Clerk/Recording Secretary Joelle Nolan; and members of the public.
I. Call to order at 6:30 p.m.
Vice Chairman Shubert called the meeting to order at 6:30 p.m.
II. Public Hearing(s)
None
III. Minutes
A. Approval of minutes from February 4, 2015 meeting.
MOTION: Selectman Hart moved, seconded by Selectman Dudman, to approve the minutes from February 4, 2015 meeting. The vote was in favor, 3-0-1, Selectman Shubert abstaining due to his absence from that meeting, and Chairman Macauley not yet present at this meeting.
IV. Appointments/Recognitions/Resignations
A. Thank You to Public Works Crews
MOTION: Selectman Richardson moved, seconded by Selectman Hart, to recognize the Thank You to Public Works Crews from the Pugh family. The vote was in favor, 4-0.
V. Consent Agenda (These items are considered routine, and therefore, may be passed by the Selectmen in one blanket motion. Board members may remove any item for discussion by requesting such action prior to consideration of that portion of the agenda.)
A. Department Reports: Fire, Public Works, Wastewater Treatment Plants
B. Proposed Regional Fire Training Facility, update
C. Planning Board Meeting Minutes December 10, 2014
D. Hancock County Commissioners Meeting Minutes January 9, 16, 20, & 22, 2015
MOTION: Selectman Dudman moved, seconded by Selectman Richardson, to accept Consent Agenda items as presented except the Fire Chief’s report. The vote was in favor, 4-0.
Selectman Shubert addressed Fire Chief Bender and asked about the Wildland fire training and participants’ inability to deal with the “fire” - what resources were missing? Fire Chief Bender said the most valuable lesson learned was the lack of staff from all departments. Selectman Shubert also asked if there was a review of the evacuation plan for the Island, and in a worst case scenario what is the estimated time it would take to evacuate the island. Fire Chief Bender replied there is a plan involving multiple agencies; as for length of time to evacuate – that would be very difficult to say. It’s very dependent upon many variables: time of year, weather conditions, cooperation from citizens, etc. Selectman Shubert recommended a review of what happened in New
Orleans with [hurricane] Katrina; we need to be better prepared.
Regarding the update on the proposed Regional Fire Training Facility, Selectman Dudman asked how the facility will be supported, will there be a business plan, and how will this Board be kept informed about the costs. Fire Chief Bender referred to his memo and said steps are in place to address her concerns. Respective Boards and Councils will be kept informed by the Fire Chiefs.
MOTION: Selectman Richardson moved, seconded by Chairman Macauley, to accept the Fire Chief’s report. The vote was unanimous in favor, 5-0.
Selectman Shubert turned the meeting over to Chairman Macauley.
MOTION: Selectman Hart moved, seconded by Selectman Shubert, to take out of order VIII. New Business A. The vote was unanimous in favor, 5-0.
VIII. New Business
A. Service Groups/3rd Party Budget 2015-2016 Requests
For those requests with a representative, each gave thanks for previous contributions and briefly explained the need. This is a review only; no decisions to be made this date.
Acadian Little League $1,500 no one present
Aid Society of Otter Creek $7,500 John Macauley reported, structural improvements to the building which will cover about half of the total cost.
American Red Cross/Pine Tree Chapter $1,500 no one present
Bar Harbor Food Pantry $1,500 no one present
Community Health & Counseling $365 no one present
Down East AIDS Network $1,200 no one present
Downeast Horizons Inc. $5,600 Ashley Johnson Resource Coordinator, serves 25 Mount Desert Residents.
Eastern Area Agency On Aging $500 no one present
Eastern Maine HomeCare dba Hancock County HomeCare & Hospice $1,200 no one present
Hospice Volunteers of Hancock County $1,000 no one present
Island Connections $2,000 no one present
Island Explorer/Downeast Transportation $14,000 Paul Murphy General Manager, same amount as previous year. Selectman Shubert asked if they are a part of the Island disaster plan; Mr. Murphy replied not yet, however, they are a part of the Hancock County plan.
Lifeflight Foundation $513.25 no one present
Maine Sea Coast Mission Campfire Coalition $3,000 Anne-Marie Hart, they have served over 100 in Mount Desert.
Mount Desert Island Historical Society $2,000 Tim Garrity Executive Director, to be split between capital improvements and operations.
Mount Desert Masonic Lodge #140 AF & AM [taxes]
Mount Desert Nursery School $3,000 Andrea Howell Executive Director, outside work to improve security and safety, and topsoil for gardens.
Mt. Desert Chamber of Commerce $8,450 Lisa Parsons President, $7,450 for day to day operations, plus $1,000 for website maintenance.
Town Manager Lunt spoke on behalf of Sydney Rockefeller and the Great Harbor Museum about concerns maintaining the Museum restrooms, which are the only public restrooms on Main Street. Town employees cannot maintain privately owned buildings. Ms. Rockefeller wondered if the Board would entertain additional funding to the Chamber to hire someone to clean the Museum restrooms. Selectman Hart agreed it is critical to have restrooms on Main St.; however he proposed it would be better to have the Museum make the request for itself. It seems convoluted to have the Chamber involved. Ms. Parsons said she has discussed the issue with Ms. Rockefeller and the initial figures seemed high. Previous costs from when the Town maintained were unknown. Chairman Macauley suggested
this is a separate issue for a separate time and moved on with the requests.
Mount Desert Nursing Association $29,000 Rick Fuerst, President, increase primarily due to greater number of patients unable to pay, served 133 residents last year.
Neighborhood House $88,000 Anne-Marie Hart Executive Director, functions as municipal recreation department as well as many other diverse activities.
Northeast Harbor Library $20,500 Brook Minner Director, 70% programming, 30% archives which include some Town pieces.
Northeast Harbor VIS $5,000 no one present
Pretty Marsh Community Association no request received
Seal Harbor Library $4,000 Mary Silverman Librarian, operating, building, book purchases, salaries.
Seal Harbor VIS $32,000 Anne Funderburk Vice President, about a third of budget, care of beach, maintain 9 miles of trails, care of several small parks.
Somesville Library Association $8,000 Karol Hagberg President, 25% of general operating budget.
Somesville VIS $2,500 Tom Fernald one of the Directors, purpose is beautification and safety (need to replace guardrail near Mill Pond)
Washington/Hancock Community Agency $251 no one present
WIC Nutrition Program FPA of Maine $440 no one present
Yesterday's Children, Inc. no request received
VI. Selectmen’s Reports
None presented.
VII. Old Business
A. 2015 Projected Schedule for LUZO Amendments, Noel Musson, Planner Conultant
Mr. Musson was present and reviewed the schedule of workshops, various Board and Committee meetings, and public hearings. His plan is to have all warrant articles complete by Friday of this week and available for the Planning Board public hearing February 25th.
A review of proposed amendments dated February 13, 2015 triggered much discussion on allowing a second dwelling unit on a lot. The idea of the accessory structure being limited to a certain percent in size of the primary structure caused some confusion; although it seems it provides flexibility and potential of more housing.
The proposed regulations for water discharge to a public way needs work; very difficult to apply to existing homes.
Not on the list, but a potential proposal is the State updated Shoreland Zoning change concerning how one calculates the 30% building expansion. It seems to be a benefit; volume is not included, just square footage.
B. Revised 2015-2016 Budget Schedule
Board agreed to the schedule, and noted the addition of a public hearing at its March 16th meeting for the appropriation articles and any proposed changes to ordinances under its purview.
C. Social Media Policy
MOTION: Selectman Dudman moved, seconded by Selectman Hart, to approve the Social Media Policy as amended.
DISCUSSION: Selectman Dudman referred to General Policy #12 and asked if “Town policies” need specifics. It was determined they are addressed elsewhere and there is no need to here. And under Comment Policy #3.c. she suggested adding “sexual orientation”; Board agreed.
The vote was unanimous in favor, 5-0.
D. Phone System Update
Public Works Director Smith referred to his memo dated January 28, 2015. He is asking for approval of items D. Purchase Recommendation, E. Funding Recommendation, and F. Authorization. Selectman Richardson asked if, under F. third bullet item, the $78, 136 should be $68,136 and the reply was yes.
Excerpt from Public Works Director Smith memo dated January 28, 2015:
D. Purchase Recommendation: Based on the information presented above, the committee unanimously recommends we purchase our new telephone system from Connectivity Works at a one-time cost of $60,269. It is estimated that an additional $6,000 will be required for CES to provide additional technical support and materials that were not the responsibility of the bidders for a total project cost of $66,269.
E. Funding Recommendations: The committee recommends funding for the purchase and installation of the new telephone system from the following sources:
1CIP Reserve Account No. 4020100-24209 Telephone System
for Building $21,803
2May 2014 Town Meeting Warrant Article 39 Small Capital
Projects-Phones $14,833
3CIP Reserve Account 4040800-24406 Communications
Department $12,750
4CIP Reserve Account 4050100-24570 Town Office Building
Reserve $18,750
Total Requested $68,136
Project Cost $ $66,269
Difference as Contingency Funds $1,867
Superscript Notes:
1Current balance budgeted specifically for new telephone system
2Budgeted for new telephone system that included three other small capital projects
3Current balance of $98,173
4Current balance of $41,511
F. Requested Authorizations: The committee recommends and requests the following action be taken by the Board of Selectmen at their February 2, 2015 meeting:
Authorize Town Manager Lunt to sign an agreement with Connectivity Works for our purchase and their installation of the telephone system described in their RFP, as discussed with them and as summarized above at a cost of $60,269.
Authorize the use of $6,000 for other telephone system related work as discussed above.
Authorize the use of the funding sources and amounts per source as shown in Section D above totaling $768,136.
Authorize the use of $1,867 also shown in Section D above as a contingency amount for unanticipated expenses.
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to approve and authorize items D, E, F presented in Public Works Director Smith’s memo dated January 28, 2015 and excerpted above. The vote was in favor, 4-1 with Selectman Richardson voting against.
E. Authorization to Release $1,500 to Hedefine Engineering & Design for Otter Creek Fire Pond Project Engineer Work
MOTION: Selectman Richardson moved, seconded by Selectman Hart, to authorize and release $1,500 from Otter Creek Fire Pond Account 4040300-24474 to Hedefine Engineering & Design for Project Engineer Work through January 2015. The vote was unanimous in favor, 5-0.
VIII. New Business, continued
B. Revenues Budget 2015-2016
Treasurer Mahar clarified some of the abbreviations; a key will be added to future documents. She commented on the investment and interest income: market is not carrying as in the past, and we have taken out $800,000 over last three years (decreases principle).
Chairman Macauley referenced Interest Income and Earnings and asked why such a dramatic change. Treasurer Mahar suggested the 2015 Actual column isn’t current. Discussion of capital gains, surplus, borrowing, etc. ensued resulting in Chairman Macauley asking what happened to the Investment Committee. Treasurer Mahar and Town Manager Lunt will pull together a presentation for the Board at its next meeting and involve the Investment Committee.
C. Proposed 2015-2016 Warrant Articles from Fire Chief Bender: Arrangements for Public Safety Training; Otter Creek Fire Pond Dredging and Dry Hydrant Replacement
Fire Chief Bender explained the first article is a general agreement with property owners when their property is used for training. An agreement of this nature should be voted on annually at Town Meeting and then can be used as needed throughout the year.
1. To see if the Town will vote to authorize the Fire Chief, in consultation with the Town Manager and Town Attorney, to enter into arrangements (including, if necessary, contractual agreements) for the purpose of public safety training exercises
Fire Chief Bender said regarding the second article, the bid opening was held last Wednesday and is being reviewed by Hedfine engineers; estimating $110,000 to $150,000. Public Works Direct Smith noted it would include Otter Creek paving.
2. To see if the inhabitants of the Town of Mount Desert will vote to raise $???????? for the funding of the Otter Creek Fire Pond Project in order to increase water storage capacity for fire protection; said project to include the dredging of muck from the bottom of existing pond and replacing the current dry hydrant structure with a new 8” PVC/HDPE dry hydrant assembly.
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to accept the two draft articles as presented above for the draft warrant. The vote was unanimous in favor, 5-0.
D. Proposed 2015-2016 Warrant Articles from Public Works Director Smith: Otter Creek Landing Reconstruction Project; Seal Harbor Comfort Station; Steamboat Wharf Road Boardwalk, Seal Harbor; Brookside Road Bridge, Somesville; Paving, Northeast Harbor; New Buildings & Grounds Reserve Account; and New Parks & Cemeteries Reserve Account
1. Proposed Article: To see if the inhabitants of the Town of Mount Desert will vote to authorize the Board of Selectmen to apply, on behalf of the Town, and under such terms and conditions as it deems advisable, for state financing assistance under the provisions of the Boating Facility Fund, Title 12 MRSA §1896 and 1899 as administered by the Maine Department of Agriculture, Conservation and Forestry, said assistance being in the form of precast concrete boat launch planks being provided at no cost to the Town by the Maine Department of Agriculture, Conservation and Forestry to be used as part of the Otter Creek Landing Reconstruction Project located off Grover Avenue in the Village of Otter Creek for the reconstruction of the boat ramp; and further authorize the Board of Selectmen to enter
into the Boating Facility Fund Project Agreement with the State subsequent to State approval of the project.
2. Proposed Article: To see if the inhabitants of the Town of Mount Desert will vote to raise funding in the amount of $45,000 for construction and technical services related to the Otter Creek Landing Reconstruction Project located off Grover Avenue in the Village of Otter Creek; said project to include replacing the ledge pieces presently serving as the boat ramp with new precast concrete planks and, the construction of a new bulkhead made of stacked blocks of stone, gravel and associated materials and appurtenances.
3. Proposed Article: To see if the inhabitants of the Town of Mount Desert will vote to raise funding of $56,000 to supplement the $105,000 previously raised at the May 2014 Town meeting for construction and technical services related to the renovation of the Seal Harbor Beach Comfort Station located off State Route 3 in the Village of Seal Harbor, said renovations including, but not being limited to, new plumbing, providing electricity to the building and bringing the building into compliance with the Americans with Disabilities Act.
4. Proposed Article: To see if the inhabitants of the Town of Mount Desert will vote to raise funding in the amount of $202,000 for construction and technical services related to 1) structural improvements to the Steamboat Wharf Road boardwalk located in Seal Harbor, 2) reconstruction of a portion of the granite wall which supports the boardwalk and 3) construction of drainage improvements adjacent to the boardwalk.
5. Proposed Article: To see if the inhabitants of the Town of Mount Desert will vote to raise funding in the amount of $122,050 for construction and technical services related to improvements to the bridge located in Brookside Road located off Route 102 in the Village of Somesville, said Brookside Road being a public way that serves at least two residences and the cemetery located behind the former A.V. Higgins store; said improvements including, but not being limited to, resetting existing granite block supports, retrofitting existing structural support members and constructing new decking and guardrails.
6. Proposed Article: To see if the inhabitants of the Town of Mount Desert will vote to raise funding in the amount of $135,000 to supplement the $320,000 amount included in the Highways, Bridges and Roads section of the FY-16 appropriations budget of this warrant for the following work located in the Village of Northeast Harbor, said work to include construction of a pavement shim and overlay of Sinclair Road and to reclaim (grind, grade and compact) and pave the base pavement layer in Manchester Road, South Shore Road and the north-south section of Huntington Road.
7. Proposed Article: To see if the inhabitants of the Town of Mount Desert will vote to create a new Public Works Department reserve account to be included in the Town’s Capital Improvement Plan, said new reserve account to be entitled Buildings & Grounds Reserve Account and fund the same in the amount of $10,000, said account to be considered for funding during each subsequent annual Town Meeting of the Town of Mount Desert.
8. Proposed Article: To see if the inhabitants of the Town of Mount Desert will vote to create a new Public Works Department reserve account to be included in the Town’s Capital Improvement Plan, said new reserve account to be entitled Parks & Cemeteries Reserve Account and fund the same in the amount of $10,000, said account to be considered for funding during each subsequent annual Town Meeting of the Town of Mount Desert.
MOTION: Selectman Shubert moved, seconded by Selectman Dudman to accept draft articles 1 - 8 as presented above for the draft warrant.
DISCUSSION: Selectman Shubert asked where we are on getting our roads up to date. Public Works Director Smith said we are 2 – 3 years behind, however, the situation is tolerable. And Selectman Shubert asked why the Otter Creek boat ramp cost increased. Public Works Director Smith said the figures came from the engineers; it’s the construction estimate, the scope of work has not changed.
VOTE: The vote was unanimous in favor, 5-0.
E. Miscellaneous Warrant Article(s): Seal Harbor Bait House Lease; Mobile Vendor Ordinance
To see if the Inhabitants of the Town of Mount Desert will authorize the Board of Selectmen to lease the land and building at 26 Dodge Point Road, Tax Map 1 Lot 15 known as the Seal Harbor Bait House to the Seal Harbor Fisherman’s Association under terms and conditions the Board deems advisable.
MOTION: Selectman Richardson moved, seconded by Selectman Shubert, to accept the draft article as presented above for the draft warrant. The vote was unanimous in favor, 5-0.
Mobile Vendors: Noel Musson said the public workshop held last week was well attended and there were good comments. The LUZO Advisory Group is working on whether to integrate mobile vendors into the “Sale of Food and Merchandise Ordinance”, or repeal the existing ordinance and replace it with an entirely new one. Mr. Musson explained there are some considerations to make the ordinance more flexible such as having fees separate from the ordinance, and changing “shall” to “may” re absences. Selectman Dudman said given the overwhelmingly positive response, she is in favor of giving it a try, then tweaking as necessary.
Selectman Shubert referred to #11 and suggested the 2 foot extension for umbrella coverings doesn’t seem reasonable. Treasurer Mahar asked if the ordinance included all villages and the answer was yes “within town owned parking lots in the Shoreland Commercial districts”. Selectman Shubert suggested we may want to exclude Seal Harbor; the beach parking lot is already maxed out and there are only two establishments in town that sell food. Chairman Macauley said the purpose is to have town wide flexibility, but in reality it will probably be in Northeast Harbor.
Mr. Musson also mentioned that although the Code Enforcement Officer has oversight, there are/will be decisions for this Board to make.
F. Scholarship Recommendations
Treasurer Mahar explained her recommendation for two $100 scholarships from the Frank F. Stanley Trust is based on the language from the Trust that stipulates $100 be released each year; and since none was released last year the request is for two this year.
MOTION: Selectman Shubert moved, seconded by Selectman Richardson, to authorize the Mount Desert Regional High School to grant three scholarships: Horace and Mary Reynolds Scholarship in the amount of $400 and two Frank F. Stanley Trust Scholarships in the amount of $100 each. The vote was unanimous in favor, 5-0.
G. Such other business as may be legally conducted
Board requested Town Manager Lunt to take care of the Annual Town Report dedication.
IX. Treasurer’s Warrants
A. Approve & Sign Treasurer’s Warrant AP1551 in the amount of $326,529.56
B. Approve Signed Treasurer’s Payroll, State Fees, & PR Benefit Warrants AP1549, AP1550, PR1532, & PR1533 in the amount of $65,550.30, $24,462.57, $46,106.83, & $52,941.24, respectively
C. Acknowledge Treasurer’s School Board AP/Payroll Warrant(s) 9 & 17 in the amount(s) of $127,393.00 & $59,849.49
MOTION: Selectman Richardson moved, seconded by Selectman Shubert, to approve, sign, and acknowledge Treasurer’s Warrants A – C totaling $702,832.99. The vote unanimous was in favor, 5-0.
X. Executive Session
None
XI. Adjournment
MOTION: At 8:48 p.m., Selectman Shubert moved, seconded by Selectman Richardson, to adjourn the meeting. The vote unanimous was in favor, 5-0.
Respectfully submitted,
Matthew J. Hart,
Secretary
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