Town of Mount Desert
Board of Selectmen
Meeting Minutes
April 21, 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, and Tom Richardson; staff members Town Manager Durlin Lunt, Treasurer Kathi Mahar, Public Works Director Tony Smith, Deputy Harbormaster Josh Jordan, CEO Kim Keene, and Town Clerk/Recording Secretary Joelle Nolan; and members of the public. Selectman Dennis Shubert was excused.
I. Call to order at 6:00 p.m.
Chairman Macauley called the meeting to order.
II. Executive Session
A. Pursuant to 1MRSA§405 (6)(D) Discussion regarding the contract with Teamsters Local Union No. 340
MOTION: At 6:00 p.m. Selectman Richardson moved, seconded by Selectman Hart, to enter into Executive Session pursuant to 1MRSA§405 (6)(D) discussion regarding the contract with Teamsters Local Union No. 340. The vote was in favor, 4-0.
MOTION: At 6:32 p.m. Selectman Richardson moved, seconded by Selectman Dudman, to exit Executive Session. The vote was in favor, 4-0.
III. Public Hearing(s)
None
IV. Minutes
A. Approval of minutes from April 6, 2015 meeting.
MOTION: Selectman Richardson moved, seconded by Selectman Hart, to approve the minutes from April 6, 2015 meeting. The vote was in favor, 3-0-1, with Selectman Dudman abstaining due to her absence from the meeting.
V. Appointments/Recognitions/Resignations
A. Recognize Maine Criminal Justice Academy’s Congratulations to Officer Theodore Cake
MOTION: Selectman Richardson moved, seconded by Selectman Dudman, to recognize Maine Criminal Justice Academy’s Congratulations to Officer Theodore Cake. The vote was in favor, 4-0.
B. Accept With Regret Resignation from Charles F. Croan III Effective April 24, 2015
MOTION: Selectman Hart moved, seconded by Selectman Dudman, to accept with regret the resignation from Charles F. Croan III effective April 24, 2015. The vote was in favor, 4-0.
C. Amend Appointment Date for Ralph Colson Jr to April 22, 2015
MOTION: Selectman Dudman moved, seconded by Selectman Hart, to amend appointment date for Ralph Colson Jr. to April 22, 2015. The vote was in favor, 4-0.
VI. 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: Wastewater Treatment Plants, Fire
B. Investment Trust Report March 2015
C. Permanent Trust Report 3rd Quarter 2015
D. Planning Board Meeting Minutes March 25 & 31, 2015
E. Marine Management Committee Meeting Minutes February 10, March 10, and April 14, 2015
F. Shellfish Conservation Committee Meeting Minutes April 15, 2015
MOTION: Selectman Richardson moved, seconded by Selectman Dudman, to accept the Consent Agenda as presented. The vote was in favor, 4-0.
VII. Selectmen’s Reports
Selectman Hart, in describing the Town of Mount Desert Facebook page, noted that earlier in the year the Board voted to not allow public comment to the page; however, there was an oversight in the setup and it currently does allow the public to post comments. Town Manager Lunt said the comments have been interesting and even helpful; he would recommend continuing to allow public comment.
MOTION: Selectman Hart moved, seconded by Selectman Dudman, to change the policy to allow public comments. The vote was in favor, 3-1 with Selectman Richardson voting against.
Chairman Macauley brought forth Public Works Director Smith’s request to amend the hire date of Nate Smallidge to May 11 at the same rate of pay previously approved. Public Works is shorthanded and needs the help.
MOTION: Selectman Dudman moved, seconded by Selectman Hart, to amend appointment date for Nathan Smallidge to May 11, 2015. The vote was in favor, 4-0.
VIII. Old Business
A. Mobile Vendor Locations
Jackie Hewett, Economic Development Consultant, was present and explained that in preparation of the new Sale of Food and Merchandise Ordinance, which contains references to mobile vendors, the Board needs to identify the five locations allowing mobile vendors. She reminded the Board that the proposed ordinance says “Mobile Vendors may operate only in designated locations within town-owned parking lots in the Shoreland Commercial District”. Ms. Hewett referred to her Memo dated April 6, 2015 in which she listed proposed locations: Seal Harbor Beach parking lot, Seal Harbor Steamboat Wharf, Bartlett’s Landing, and three sites at the Northeast Harbor Marina.
Public Works Director Smith noted that he was not involved in the selection of the proposed sites, however, pointed out the Seal Harbor beach site is adjacent to the wastewater treatment plant pump station, which can be malodorous, and the Seal Harbor Marina site is shown right on top of handi-cap spaces.
Chris Moore, on behalf of the Marine Management Committee, said there were concerns about adding to the marina congestion making for dangerous conditions.
Anne Funderburk, a Seal Harbor resident, said she is concerned about the Seal Harbor locations taking much needed parking spaces; the Island Explorer bus stop has to be kept open and takes parking spots. Last summer many cars parked alongside the main road making passing difficult. She also noted Seal Harbor already has two food vendors and it would not be helpful to their business to have a third or fourth.
Local restaurant owner Teresa Clark (Docksider, Northeast Harbor) said mobile food vendors would not be helpful to the economy or community, and would take away from her business. Judith Swett and Katherine Conley from the Lighthouse Restaurant in Seal Harbor pointed out that their business pays taxes and other fees which contribute to the town’s revenue; the food trucks would not.
Selectman Dudman explained this discussion is in preparation of the decision that will be made by the voters at Annual Town Meeting. If the proposed ordinance passes, these decisions will be in place. The Board is starting cautiously and is aware it might have to revisit the issue.
Selectman Hart stated it is not the intention to hurt businesses, but to bring people to town. He reaffirmed that the Board is not making a decision about food trucks tonight; that will be done at Town Meeting. The Board is just trying to be prepared in the event the proposed ordinance passes.
Anne Funderburk asked how trash and litter will be taken care of, and Selectman Dudman replied each vendor is responsible and the license can be revoked if not taken care of. The Board fervently encourage people to attend Town Meeting and vote.
B. Bid for New Hoist at Main Pier, Northeast Harbor Marina
Referring to Harbormaster Lemoine’s Memo which described the electrical hook-up as being excluded, Selectman Richardson asked for the total cost. Chris Moore explained the electric hook up is minor because the hook up is already in place, so it is just a matter of connecting a few wires and any cost will come from the repair fund; therefore, $19,672.88 is the total cost.
MOTION: Selectman Richardson moved, seconded by Selectman Hart, to award the bid for the design, engineering, fabrication, and installation of a new hoist for the main pier at the Northeast Harbor Marina to Winger’s Welding in the amount of $19,672.86 to be expended from the NEH Pier CIP fund. The vote was in favor, 4-0.
C. Steamboat Wharf Road Retaining Wall
MOTION: Selectman Richardson moved, seconded by Selectman Hart, to authorize Public Works Director to enter into a written agreement on behalf of the Town with E. L. Shea, Inc. to make the necessary retaining wall improvements described as Phase 1 Construction in Public Works Director’s April 17, 2015 memo, at a cost not to exceed $34,000 to be expended from Public Works Road Reserve account 4050100-24573. The vote was in favor, 4-0.
D. Municipal Officer’s Certifications of Official Text of Proposed Ordinances and Amendments
1. Alewife Ordinance
2. Amendment to the Town of Mount Desert Shellfish Conservation Ordinance
3. Sale of Food and Merchandise Ordinance (re-write)
4. Amendments to the Town of Mount Desert Land Use Zoning Ordinance
MOTION: Selectman Richardson moved, seconded by Selectman Hart, to issue the Municipal Officer’s Certifications of Official Text of Proposed Ordinances and Amendments as presented. The vote was in favor, 4-0.
IX. New Business
A. Dawnland LLC dba Jordan Pond House Liquor License Renewal
MOTION: Selectman Richardson moved, seconded by Selectman Hart, to approve the Dawnland LLC dba Jordan Pond House Liquor License renewal. The vote was in favor, 3-1, with Selectman Dudman voting against.
B. Such other business as may be legally conducted
None presented.
X. Treasurer’s Warrants
A. Approve & Sign Treasurer’s Warrant AP1564 in the amount of $506,564.46
B. Approve Signed Treasurer’s Payroll, State Fees, & PR Benefit Warrants AP1562, AP1563, PR1541 & PR1542 in the amounts of $66,784.55, $3,047.50, $43,348.93, & $42,213.98, respectively
C. Acknowledge Treasurer’s School Board Payroll Warrant 21 in the amount of $68,448.09
MOTION: Selectman Richardson moved, seconded by Selectman Hart, to approve, sign, and acknowledge Treasurer’s Warrants A – C totaling $730,407.51. The vote was in favor, 3-0-1 with Chairman Macauley abstaining due to the fact he is being paid in School Board Payroll Warrant 21.
XI. Executive Session
A. Pursuant to 1MRSA§405 (6)(E) Consultations with legal counsel regarding Town Of Mount Desert Quarrying License Ordinance
MOTION: At 7:05 p.m. Selectman Richardson moved, seconded by Chairman Macauley, to enter into Executive Session pursuant to 1MRSA§405 (6)(E) Consultations with legal counsel regarding Town Of Mount Desert Quarrying License Ordinance. The vote was in favor, 4-0.
MOTION: At 7:37 p.m. Selectman Dudman moved, seconded by Selectman Hart, to exit Executive Session. The vote was in favor, 4-0.
XII. Adjournment
MOTION: At 7:30 p.m., Selectman Richardson moved, seconded by Selectman Hart, to adjourn the meeting. The vote was in favor, 4-0.
Respectfully submitted,
Matthew J. Hart,
Secretary
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