Town of Mount Desert
Board of Selectmen
Meeting Minutes
Monday, July 18, 2016
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 Brian Reilly, Martha Dudman, Matt Hart, and Dennis Shubert. Also in attendance were Town Manager Durlin Lunt, Fire Chief Mike Bender, Public Works Director Tony Smith, and members of the public.
- Call to order at 6:30 p.m.
Chairman Macauley called the meeting to order at 6:30 p.m.
There were no public hearings.
June 20, 2016: Voting members were noted.
MOTION: Selectman Hart moved, with Selectman Dudman seconding, to approve the Minutes as presented. Motion approved 4-0.
July 5, 2016: Voting members were noted. It was noted the date was incorrect on the Minutes.
MOTION: Selectman Hart moved, with Selectman Dudman seconding, to approve the Minutes as revised. Motion approved 3-0.
- Appointments/Recognitions/Resignations
- Confirm appointment of Ryan Pinkham as Motor Equipment Operator I at $17.79 per hour effective on or before August 1, 2016
MOTION: Selectman Hart moved, with Selectman Dudman seconding, to move the appointment of Ryan Pinkham as Motor Equipment Operator I at $17.79 per hour effective on or before August 1, 2016. Motion approved 5-0.
- Confirm appointment of Benjamin Wallace as Full-time Firefighter at $17.00 per hour effective July 19, 2016
This motion and vote were taken after Item VIII.B on the Agenda was discussed and voted on.
MOTION: Selectman Reilly moved, with Selectman Hart seconding, to confirm the appointment of Benjamin Wallace as Full-time Firefighter at $17.00 per hour effective July 19, 2016. Motion approved 5-0.
- Resignation of Robert Pyle from the Village Center Planning Committee
MOTION: Selectman Reilly moved, with Selectman Dudman seconding, to accept with regret the Resignation of Robert Pyle from the Village Center Planning Committee. Appreciation for his service was expressed. Motion approved 5-0.
A. Thank you to Refuse Collector
B. Thank you to Ben Jacobs
B. Sustainability Committee Minutes from June 30, 2016
C. Event Committee Minutes from June 16, 2016
D. Notice of Proposed Routine Program Changes to the Maine Coastal Program
E. MMA Renewal Coverage Memo for July 1, 2016 – July 1, 2017
MOTION – Selectman Hart moved, with Selectman Dudman seconding, to accept the Consent Agenda as presented. Motion approved 5-0.
Selectman Shubert commented on the commendable job the Town’s committees were doing, the Sustainability Committee in particular.
Chairman Macauley mentioned the oyster farm planned for the Thunder Mist area. He noted there are now two oyster farms in the area, yet no proof the wildlife abatement efforts will be successful. The FAA guidelines do not require a public hearing, and so were not a part of that process. However, they are the organization regulating safety guidelines of the airport. Mr. Macauley inquired whether there was interest in submitting a letter registering concern. A letter from the Town of Mount Desert was requested, but not from Mount Desert residents. Selectman Reilly suggested perhaps Town Manager Lunt could find out where a letter should be sent and draft a letter. Mr. Lunt agreed to do so.
- Survey of genetic stock of fish in the Otter Creek Fire Pond
It was noted the survey would not cost any money. Fire Chief Bender had no problem with the issue.
MOTION: Selectman Shubert moved, with Selectman Reilly seconding, to authorize Town Manager Lunt to proceed with contacting the IF&W with regard to surveying the genetic stock of fish in the Otter Creek Fire Pond. Motion approved 5-0.
- Citizen Request for Town assistance in clarifying ownership of boat slip and boat slip wharf in Otter Creek
Otter Creek Resident Steve Smith inquired about the Schoodic Woods legislation. Town Manager Lunt reported that he was aware of only three items on the legislation: clarifying the boundaries of Acadia National Park with regard to Schoodic, the school property in Tremont, and making the legislative advisory commission permanent. Discussion ensued regarding possibly adding items to the legislation.
Mr. Smith summarized the history of the boat slip area in Otter Creek. He explained each of the submissions he presented to the Board. A review was made of the interactions with the Park in regard to the area.
Chairman Macauley noted that Colonial law stated that property owners only owned to mean high water beyond that is fair game for activities that don’t include the building of a structure.
Mr. Smith felt the boat slip has been there 150 years and was grandfathered, and Selectman Dudman felt the structure might be grandfathered as well. Chairman Macauley thought the Park only looked back as far as 1983 for things like grandfathering. Mr. Smith noted the survey from the 1980s included the area and was accepted by the Park.
Selectman Shubert felt the Town needed to support their rights. He felt the Town needed to negotiate better rights for Otter Creek residents. However, he felt the rights don’t include having the structure.
Selectman Reilly felt that nothing could be built or removed without a permit. He inquired whether permits had been obtained. Otter Creek resident Rodney King pointed out that the building in question has been there all along. Maintenance to an existing building only has occurred there and no permit is required to repair an already existing structure. He added that the Park has stated they are not obliged to follow the rules of ownership to the water mark.
Chairman Macauley stated that the question is whether the structure is grandfathered. He reported that he had asked the Park about the building being grandfathered and was told it is not due to lack of evidence that there had been a structure historically. He suggested perhaps a compelling argument could be made for the existence of the wharf but proof that the structures were there is necessary.
Selectman Reilly felt the proper way to go through this is to apply for a permit. Mr. Smith disagreed; he felt the proper action would be that the Park should take the Town to court for a determination if they feel the building is illegal.
Selectman Dudman suggested meeting with Park officials to discuss the issue. Selectman Shubert suggested that perhaps the Aid Society could present their list of concerns at that meeting as well.
Town Manager Lunt agreed to invite the Park officials to the first Board of Selectmen meeting in August.
Mr. Smith brought up the quarry road. He reported he’s asked for permission to access the road and has been denied. Mr. Lunt suggested adding the issue to the discussion with the Park representatives.
- Proposed Personnel Policy Change Section 3.2 EMPLOYMENT CLASSIFICATIONS
MOTION: Selectman Shubert moved, with Selectman Reilly seconding, to approve proposed Personnel Policy Change Sections 3.2 and 3.6. Motion approved 5-0.
- Proposed Personnel Policy Change Section 3.6 RELATIVES
This proposed Personnel Policy Change was approved with Item VIII.A (see above).
- Authorization to sign the FY-17 Town Paving Contract with the low bidder, Pike Industries, for $322,923.56.
MOTION: Selectman Reilly moved, with Selectman Dudman seconding, to
award the FY-17 paving contract to Pike Industries of Fairfield for the bid price of $322,923.56, for the scope of services described in Public Works Director Tony Smith’s memo dated July 9, 2016 and authorize Mr. Smith to use the balance of the FY17 budget as described in his memo, and authorize Mr. Smith to sign the contract with the low bidder, Pike Industries, on behalf of the Town. Motion approved 5-0.
- Authorization to release up to $6,000 from Fire Station Reserve (account # 4040300-24471) to purchase and install new entry doors at the Mount Desert Fire Station #3 (Somesville Fire Station)
MOTION: Selectman Shubert moved, with Selectman Dudman seconding, to authorize the release of up to $6,000.00 from Fire Station Reserve (account #4040300-24471) to purchase and install new entry doors at the Mount Desert Fire Station #3 (Somesville Fire Station). Motion approved 5-0.
Town Manager Lunt presented hard copies of information that resulted from the May meeting with non-union employees. He also included information from other towns for comparison of benefits. Other information regarding issues like public safety and service plans were included. He suggested after a review of the information presented, the Board would perhaps like to have a follow-up meeting with the employees.
Selectman Dudman suggested Mr. Lunt provide a recommendation to the Board. It was noted the Board had the authority to make decisions on this issue; it would not have to go to Town Meeting.
Discussion ensued regarding various aspects of the information presented. Mr. Lunt noted TIAA-CREF was pulling together some additional information.
Fire Chief Bender spoke on behalf of Police Chief Willis. They hoped the Board would consider a years of service plan. They felt this would attract and retain some quality employees.
Chairman Macauley noted that one obvious area to work on was the issue of retirement. Another area that required work is the Cost of Living issue.
It was noted how difficult it is to find qualified employees for municipal positions.
Selectman Shubert felt on the whole the Town is being fair to the employees. He felt public safety had a shortfall that required attention.
Selectman Reilly asked if there was any issue the employees felt particularly strongly on.
Selectman Hart noted the public safety retirement and pension package and the COLA disparity between union and non-union were issues that could be taken care of relatively quickly. Selectman Shubert suggested looking into the years of service plan to see whether it would be of cost benefit to the Town.
Town Manager Lunt listed the following as questions to address:
- Years of Service Plan
- Changing the ICMA employees contribution to be more equal with other employees
- Consider mirroring the union contract to the non-union employees and eliminate the merit compensation.
Mr. Lunt felt these issues were issues that could be addressed fairly easily.
- MMA Annual Election – Vice President and Executive Committee Members
MOTION: Selectman Dudman moved, with Selectman Shubert seconding, to vote for Mary Sabins of Vassalboro as Vice-President, and Linda Cohen of South Portland as Director. Motion approved 5-0.
- Such other business as may be legally conducted
There was no other business.
A. Approve & Sign Treasurer’s Warrant AP 1703 in the amount of $791, 744.07
B. Approve Signed Treasurer’s Payroll, State Fees, & PR Benefit Warrants AP1701, AP 1702, and PR1701 in the amount of $39,803. 80, $4,726.35, and $117,501.25, respectively
- Acknowledge Treasurer’s School Board AP/Pavroll Warrant(s) 1 and 1 in the amounts of $3,701.40 and $49,573.41, respectively
MOTION: Selectman Shubert moved, with Selectman Dudman seconding to approve and sign Treasurer’s Warrant AP 1703 in the amount of $791, 744.07, approve signed Treasurer’s Payroll, State Fees, & PR Benefit Warrants AP1701, AP 1702, and PR1701 in the amount of $39,803. 80, $4,726.35, and $117,501.25, respectively, and acknowledge Treasurer’s School Board AP/Pavroll Warrant(s) 1 and 1 in the amounts of $3,701.40 and $49,573.41, respectively. Motion approved 5-0.
None Scheduled.
XI. Adjournment
MOTION: Selectman Shubert moved, with Selectman Reilly seconding, to adjourn the meeting. Motion approved 5-0.
Meeting adjourned at 7:52.
Respectfully submitted,
Matthew J. Hart, Secretary
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