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Selectmen Meeting Minutes - 03/16/15
Town of Mount Desert
Board of Selectmen
Meeting Minutes
March 16, 2015

A meeting of the Board of Selectmen was held this date in the Meeting Room, Town Hall, Northeast Harbor, 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, Assessor Kyle Avila, Fire Chief Mike Bender, Police Lt. Keven Edgecomb, Harbormaster John Lemoine, Assistant Clerk Claire Woolfolk, Public Works Director Tony Smith, and Town Clerk/Recording Secretary Joelle Nolan; and members of the public.


I.      Call to order at 6:30 p.m.
Chairman Macauley called the meeting to order at 6:30 p.m.

II.     Public Hearing(s)
A.      May 4 & 5, 2015 Annual Town Meeting Proposed Warrant Articles for Appropriation of Funds, Ordinance Amendments, and Ordinances

Chairman Macauley opened the Public Hearing and asked for public comment.  Noel Musson, Planner Consultant, was present and briefly described the Land Use Zoning Ordinance proposed changes, and the Sale of Food and Merchandise Ordinance.  There being no public comment, Chairman Macauley closed the public hearing.

III.    Minutes
A.      Approval of minutes from March 2, 2015 meeting

MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to approve the minutes from March 2, 2015 meeting.  The vote was in favor, 5-0.

B.      Approval of minutes from March 9, 2015 meeting

MOTION: Selectman Dudman moved, seconded by Selectman Hart, to approve the minutes from March 9, 2015 meeting.
DISCUSSION:  Selectman Richardson requested that the minutes be amended to reflect his positive vote on Warrant Articles 47 – 50.
MOTION:  Selectman Richardson moved, seconded by Selectman Shubert, to reflect that Selectman Richardson voted in favor of so-called articles 47 -50.  The vote was in favor, 5-0.

IV.     Appointments/Recognitions/Resignations
A.      Accept Resignation from Town Clerk Joelle Nolan Effective December 18, 2015

MOTION: Selectman Dudman moved, seconded by Selectman Richardson, to accept with regret and sadness the resignation from Town Clerk Joelle Nolan effective December 18, 2015.  The vote was in favor, 5-0.

B.      Confirm Appointment of Claire Woolfolk as Town Clerk Effective December 18, 2015

MOTION: Selectman Richardson moved, seconded by Selectman Shubert, to confirm appointment of Claire Woolfolk as Town Clerk effective December 18, 2015.  The vote was in favor, 5-0.

C.      Confirm Appointments of Public Works Summer Helpers:  Nathan Smallidge/Solid Waste Division at $13.50/hr; Sam Walker/Solid Waste Division at $13/hr; Steve Bernard/Buildings & Grounds and Parks & Cemeteries Division at $14/hr; and Ralph Colson Jr./Wastewater Division at $14/hr

MOTION: Selectman Hart moved, seconded by Selectman Richardson, to confirm appointments of Public Works Summer Helpers:  Nathan Smallidge/Solid Waste Division at $13.50/hr; Sam Walker/Solid Waste Division at $13/hr; Steve Bernard/Buildings & Grounds and Parks & Cemeteries Division at $14/hr; and Ralph Colson Jr./Wastewater Division at $14/hr.  The vote was in favor, 5-0.

D.      Confirm Appointment of Schofield Andrews III to the Investment Committee

MOTION: Selectman Shubert moved, seconded by Selectman Hart, to confirm appointment of Schofield Andrews III to the Investment Committee.  The vote was in favor, 5-0.

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
B.      Planning Board Minutes February 11, 2015
C.      Hancock County Planning Commission Request for Representation
D.      Department Marine Resources Letter Regarding Growing Area Program

MOTION: Selectman Richardson moved, seconded by Selectman Dudman, to accept the Consent Agenda as presented.  The vote was in favor, 5-0.

VI.     Selectmen’s Reports
None presented.

VII.    Old Business
A.      Bids for Bonds – Warrant Article for Small Projects
Board reviewed the three bids received with the various scenarios.

MOTION: Selectman Shubert moved, seconded by Selectman Richardson, to award the bid to Bar Harbor Bank & Trust with the 10 year option at 1.990% in an amount not to exceed $715,050.

DISCUSSION:  It was clarified the bid is subject to Annual Town Meeting approval, and is good through May 29, 2015.  After determining that the proposed Warrant Article could be amended from Town Meeting floor, Board agreed to leave the Article as proposed [single article for six projects plus bond].
VOTE:  The vote was in favor, 4-0-1 with Selectman Dudman abstaining due to her position on the Bank’s board.

B.      Draft Warrant for Annual Town Meeting May 4 & 5, 2015, continued review and voting
Board reviewed draft Warrant dated 3:45 pm, March 13, 2015.

Article 27.     Shall the Town of Mount Desert be authorized to issue a general obligation bond to the Town in a principal amount not to exceed $715,050 (seven hundred fifteen thousand fifty dollars) to finance the following projects; and further to authorize the Board of Selectmen to execute any and all contracts and documents and do any and all things necessary or convenient to issue the bonds or notes of the Town, which may be callable, and to accomplish the projects:

  • Otter Creek Fire Pond Project ~ $155,000: to increase water storage capacity for fire protection; said project to include the dredging of muck from the bottom of existing pond, replacing the current dry hydrant structure with a new dry hydrant assembly, and replacing 185 feet of existing sidewalk and curbing with new sidewalk and curbing, and
  • Otter Creek Landing Reconstruction Project ~ $45,000: for construction and technical services related to the 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, and
  • Seal Harbor Beach Comfort Station Project ~ $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, and
  • Steamboat Wharf Road Project ~ $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, and
  • Brookside Road Bridge Project ~ $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, and
  • Northeast Harbor Paving Project ~ $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.
FINANCIAL STATEMENT - TOWN OF MOUNT DESERT

  • Total Town Indebtedness
  • Bonds outstanding and unpaid:                           $17,388,426
  • Additional obligation if this question is approved:             $     715,050
TOTAL                   $18,103,476
  • Costs
A.      At an estimated interest rate of 1.99%, the estimated cost of this bond issue will be:
Ten (10) years:
Principal:                                                      $715,050
Interest:                                                       $  80,001
                TOTAL DEBT SERVICE                              $795,051
3.      Validity
The validity of the bonds and the voters’ ratification of the bonds may not be affected by any errors in the above estimates.  If the actual amount of the total debt service for the bond issue varies from the estimate, the ratification by the voters is nevertheless conclusive and the validity of the bond issue is not affected by reason of the variance.

MOTION:  Selectman Shubert moved, seconded by Selectman Hart, to recommend passage of so-called Article 27.  The vote was in favor, 5-0.

Article 42.     To see if the Inhabitants of the Town of Mount Desert will vote to transfer xxxxxx dollars ($xxxxx) from the Capital Gains Reserve Account #400-24202 to reduce the 2015-2016 tax commitment.

After a review of what has been transferred in previous years and what the current amount is, Selectman Shubert advocated not transferring funds this year to offset stock volatility and avoid losing tax payer dollars.  Selectman Richardson agreed.  Selectman Dudman suggested leaving the article in the warrant and voting against passage.
MOTION:  Selectman Shubert moved, seconded by Selectman Richardson, to remove so-called Article 42 from the warrant.  The vote was in favor, 4-1 with Selectman Dudman voting against.

Treasurer Mahar suggested that the Board consider putting a ceiling on the amount in the Capital Gains Reserve Account based on our historical perspective.  Selectman Shubert said this would be a good discussion for th Investment Committee.

Article 43.     To see what sum the Inhabitants of the Town of Mount Desert will vote to raise and/or appropriate as Revenue through Excise Taxes, Service Fees and miscellaneous sources for the 2015-2016 Town Budget.

MOTION:  Selectman Shubert moved, seconded by Selectman Dudman, to recommend so-called Article 43 at $1,119,042 .  The vote was in favor, 5-0.

Article 54.     To see what sum the Inhabitants of the Town of Mount Desert will vote to raise and appropriate for Department 1885 Libraries, Village Improvement Societies, Recreation, and Public/Social Service Agencies for the 2015-2016 Town Budget.

The current amount of $244,964 does not include requests from WIC and Community Health & Counseling; neither of which submitted the required Questionnaire, only their own letter.  The draft budget does contain their requests in the amounts of $440 and $365, respectively.  Board agreed these agencies did not comply with protocol.

MOTION:  Selectman Richardson moved, seconded by Selectman Shubert, to recommend so-called Article 54 at $244,964.  The vote was in favor, 5-0.

Article 56.     To see if the Inhabitants of the Town of Mount Desert will vote to increase the property tax levy limit by $168,912?

It was noted that the dollar amount needs to be changed to $168,107 to reflect the reduction of $805 from the budget [see Article 54 above].

MOTION:  Selectman Richardson moved, seconded by Selectman Shubert, to recommend so-called Article 56 at $168,107.  The vote was in favor, 5-0.

Assessor Avila recognized an error in calculations and stated the amount should be $368,107.

MOTION:  Selectman Richardson moved, seconded by Selectman Shubert, to revisit so-called Article 56.  The vote was in favor, 5-0.
MOTION:  Selectman Richardson moved, seconded by Selectman Shubert, to amend so-called Article 56 to $368,107.  The vote was in favor, 5-0.

Selectman Shubert asked Town Manager Lunt if we normally list the debt of the prior year in the Town Report to show the change in debt from year to year.  A Statement of Indebtedness could show how much debt we extinguish compared to new debt.  Treasurer Mahar stated $1.6 million in principle was paid off in the current year.  Selectman Shubert suggested if we are borrowing $800k and have paid off $1.6 million, we are $800k ahead.

MOTION:  Selectman Richardson moved, seconded by Selectman Dudman, to address VIII New Business while waiting for Treasurer Mahar to obtain information concerning agenda item VII A.  The vote was in favor, 5-0.

VIII.   New Business
A.      Stanley Enterprises Inc dba Abel’s Lobster Pound Request for Liquor License Renewal

MOTION: Selectman Dudman moved, seconded by Selectman Shubert, to approve Stanley Enterprises Inc dba Abel’s Lobster Pound request for Liquor License renewal.  The vote was in favor, 5-0.

B.      Winter Spring Inc dba Colonel’s Restaurant Request for Liquor License Renewal

MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to approve Winter Spring Inc dba Colonel’s Restaurant request for Liquor License renewal.  The vote was in favor, 5-0.

C.      Asti-Kim Corporation dba Asticou Inn Request for Liquor License Renewal

MOTION: Selectman Hart moved, seconded by Selectman Dudman, to approve Asti-Kim Corporation dba Asticou Inn request for Liquor License renewal.  The vote was in favor, 5-0.

D.      Such other business as may be legally conducted
None presented.

IX.     Treasurer’s Warrants
A.      Approve & Sign Treasurer’s Warrant AP1557 in the amount of $406,188.53
B.      Approve Signed Treasurer’s Payroll, State Fees, & PR Benefit Warrants AP1555, AP1556, PR1536, & PR1537 in the amounts of $1,380.06, $84,896.91, $42,287.94, and $47,278.44, respectively
C.      Acknowledge Treasurer’s School Board AP/Payroll Warrant(s) 10 & 19 in the amounts of $28,137.43 and $67,478.66, respectively

MOTION: Selectman Richardson moved, seconded by Selectman Dudman, to approve, sign, and acknowledge Treasurer’s Warrants A – C totaling $677,647.97.  The vote was in favor, 5-0.

Board members were asked which format of the budget they would like to have in the Annual Town Report:  last year’s larger format, or this year’s more compact, yet clearer format.  Board agreed on this year’s format.

Board members were reminded the final Warrant needs to be signed, and that the Warrant Committee has yet to vote.  Town Clerk Nolan said she has every hope to have the Warrant in final form by Friday, March 20th.  Selectman Dudman noted she will be away for the first two weeks of April.

MOTION:  Selectman Richardson moved, seconded by Selectman Shubert, to approve the Warrant as reviewed and voted, and to approve the signing of the Warrant individually as members are available.   The vote was in favor, 5-0.

X.      Executive Session
None

XI.     Adjournment

MOTION:  At 7:32 p.m., Selectman Dudman moved, seconded by Selectman Hart, to adjourn the meeting.  The vote was in favor, 5-0.


Respectfully submitted,



Matthew J. Hart,
Secretary