Town of Mount Desert
Board of Selectmen
Meeting Minutes
Tuesday September 6, 2016
- Call to order: Chairman Macauley called the meeting to order at 6:30. In attendance were Chairman Macauley, Selectmen Matt Hart, Brian Reilly, Martha Dudman, and Dennis Shubert. Also present were Police Chief Jim Willis, Fire Chief Mike Bender, Harbormaster John Lamoine, Public Works Director Tony Smith, Treasurer Kathi Mahar, Town Clerk Claire Woolfolk, and Code Enforcement Officer Kimberly Keene. Members of the public were also in attendance.
II. Public Hearing(s)
- Special Amusement Application from Tan Turtle Tavern Too, Inc. d/b/a Tan Turtle Tavern
Selectman Dudman noted there was an error in the name. The Agenda item should read “MoFo LLC, d/b/a Tan Turtle Tavern”. After some discussion it was agreed to proceed despite the oversight, with the understanding that the item may have to be re-addressed if the oversight requires public correction.
Chairman Macauley asked for public input. A number of residents voiced concern with regard to outdoor music. Dan McKay, a neighbor, felt more outdoor music was occurring than had been represented in the application. He added that motorcycles have also been a noise problem. Residents Marcia Wilmerding and Kent Schmidt echoed his sentiments. Steve Foss, representing MoFo LLC, noted he had no plans to have music on the deck, with the exception of a single May fundraiser for two high school music programs. He added that he would inform the neighbors when the fundraiser with outdoor music is scheduled to occur.
Mr. Shubert inquired what the restrictions were on the permit. The previous application stated music was to stop at 9:00 pm. Restrictions would have to be set again with this new application.
Resident Gail Peters stated the summer residents were not in attendance to represent themselves, but would most likely agree with the concerns being voiced. Mr. Foss reiterated he had no objection to putting in the application no outdoor music. However he would like to hold his May fundraising event with outdoor music. Mr. McKay requested that the application state that the music on the inside be quiet enough that the neighborhood can’t hear it. Chaiman Macauley informed the neighbors that the Town does not have a noise ordinance, which makes trying to enforce noise levels subjective. There is no quantifiable way to regulate or control sound levels.
There were no other comments from the public.
- Liquor License Application from Tan Turtle Tavern Too, Inc. d/b/a Tan Turtle Tavern
It was noted that some of the noise issues were caused by inebriated people leaving the restaurant and motorcycles.
Chief Willis noted that the Town of Bar Harbor has a noise ordinance, but without one, the Town of Mount Desert will have a difficult time addressing noise-related complaints.
III. Post Public Hearing
- Special Amusement Application from Tan Turtle Tavern Too, Inc. d/b/a Tan Turtle Tavern, action if necessary
MOTION: Selectman Reilly moved to grant the special use permit for MoFo LLC, d/b/a Tan Turtle Tavern, for inside music only. Selectman Dudman seconded. Motion approved 5-0.
- Liquor License Application from Tan Turtle Tavern Too, Inc. d/b/a Tan Turtle Tavern, action if necessary
MOTION: Selectman Dudman moved, with Selectman Reilly seconding, approval of the liquor license for MoFo LLC, d/b/a Tan Turtle Tavern. Motion approved 5-0.
IV. Minutes
- Approval of minutes from August 15, 2016 meeting:
MOTION: Selectman Shubert moved, with Selectman Hart seconding, approval of the August 15 Minutes as presented. Motion approved 5-0.
V. Appointments/Recognitions/Resignations
- Confirm Appointment of Savannah Hudson as part-time Dock Hand at $15.00/hr through Columbus Day
Selectman Hart moved appointment of Savannah Hudson as a part-time Dock Hand at the rate of $15.00/hour through Columbus Day. Selectman Dudman seconded the motion. Motion approved 5-0.
VI. Consent Agenda
- Garden Club of Mount Desert donation for the landscaping project at Northeast Harbor Marina in the amount of $10, 000
- Email of Appreciation of Town Employees in general and specifically Tony Smith, Ben Jacobs, Kim Keene, Claire Woolfolk, Jennifer McWain, Jim Willis and Kevin Edgecomb
- Notice of Appreciation for Mount Desert Police
- Thank you letter from Mount Desert Island Historical Society
- Hancock County Commissioners Meeting Minutes August 2, and August 12, 2016
- Letter from Hancock County Administrator, Scott Adkins
- Hancock County Planning Commission Road Salt Bid Results – 2016-2017 Season
- Letter to Congressman Bruce Poliquin from Town Manager Durlin Lunt regarding the Amendment to Acadia Boundary Act of 1986
- Maine Department of Transportation “Notice of Layout and Taking” of certain parcel(s) of land in Mount Desert (along Rt. 102)
- Maine Department of Agriculture Conservation & Forestry notice of Submerged Lands Application – David and Laura Foulke
MOTION: Selectman Shubert moved approval of the Consent Agenda. He praised the generosity of the Garden Club. Selectman Reilly seconded the Motion. Motion approved 5-0.
VII. Selectmen’s Reports
It was agreed to move Selectmen’s Reports to after the presentation by Stephanie Fecteau of MainePers with regard to Public Safety Years of Service Plan.
Selectman Dudman reported that she received an email from a Hall Quarry resident complaining about the noise there. This is the second complaint she’s received. Selectman Dudman requested an update on the quarry issue. Town Manager Lunt offered to invite the Chairman of the Planning Board to attend the next meeting to provide an update. Mr. Lunt did not have details of the situation to present to the Board.
Selectman Reilly reported he was approached by a group of bicyclists regarding whether the Town would be interested in taking part in a grant to improve Peabody Drive/Route 3. The grant would be for planning money to improve safety conditions on Peabody Drive for bicyclists. The grant application is due mid-October. Selectman Reilly mentioned it to Town Manager Lunt and Mr. Lunt suggested Selectman Reilly work with Public Works and the Police Department. The Board of Selectmen agreed it was a good idea.
Selectman Hart reported on a Broadband Committee meeting. He mentioned the surveys that were sent out; over 700 were received back. Mr. Hart hopes a report on the responses will be forthcoming at the next meeting, with the goal of suggestions for a way to move forward when budget season comes.
VIII. Old Business
- Presentation by Stephanie Fecteau of MainePers of Public Safety Years of Service Plan
Stephanie Fecteau, representing MainePers, discussed two proposed retirement plans for the Town’s public safety personnel.
Special Plan 2C is a plan allowing employees to retire after 25 years of service.
Special Plan 4C is a plan allowing employees to retire after 25 years, however benefits are subject to a reduction if the employee retires before age 55.
Either plan allows an employee to continue working beyond their 25 years should they choose to.
Additionally, either plan can be Future Service Only or All Service.
Future Service Only means the plan begins going forward, with all previous years of service remaining in a regular plan, with existing years employed staying under a regular plan. Those years of service can be used to qualify for the new plan but at a pro-rated value - counting toward retirement as a two years for every three worked.
All Service means all years of employment will be counted toward retirement under MainePers and the Town will cover the funding for years worked prior to joining the MainePers program. It was estimated that cost would be approximately $100,000.00 under the 2C plan.
Ms. Fecteau noted that she sees communities having a difficult time attracting and retaining employees due to the retirement age of 65, increased from 60 in 2014. The Town’s current plan offers retirement after 25 years of age with an age requirement of 60 or 65. Younger than that and employees are subject to a reduction in benefits.
Ms. Fecteau presented a chart comparing the various plans.
Selectman Shubert asked whether this type of plan didn’t mean it was in the employee’s best to leave the Town at an earlier age and work with another employer. Ms. Fecteau pointed out that an employee can continue with the town and accrue an additional 2% on their average final compensation. An employee couldn’t join the MainePers system again; even if they took a new job elsewhere in the same line of work they would be considered a retiree returning to work. It would be an employee’s prerogative to retire and start a new line of work elsewhere with a new retirement plan, but that would be the case regardless.
Selectman Reilly pointed out that our newest fire department employees are in their early 20s. They could potentially retire in their mid 40s under this plan. Ms. Fecteau agreed that potentially they could.
Selectman Shubert clarified that if the Town adopts the All Service Plan and the cost for the years already worked is not covered by the employee then the Town will have to cover that cost. Ms. Fecteau affirmed it would. She noted an actuary calculates to determine the present value of accrued service based on current salary and age and anticipated age of retirement.
Ms. Fecteau estimated that the contribution rate of this plan this year is probably less than the Town is currently paying, however she noted it would most likely rise next year. She had no idea how much that increase might be.
It was mentioned the plans are not fully funded. They are currently at approximately 89%.
Ms. Fecteau noted that a small town’s biggest concern is hiring and training an employee only to have them leave for a larger town once they’re trained.
Selectman Shubert asked which of the two plans was the more popular. Ms. Fecteau felt Plan 2C was more widely used.
Selectman Reilly asked Town Manager Lunt how recruitment of new employees was. Chief Willis stated it was virtually a revolving door downstairs. He felt the concern over losing an employee in the mid-40s was unfounded, as most don’t stay that long. Office Kevin Edgecomb, and employee in the Police Department for 17 years, remembered only one employee actually retiring during his tenure.
Chief Willis noted that The Town of Bar Harbor has a straight 25 years of service/age 55 retirement plan. He hoped to have something along those lines to offer new employees as an incentive to hire on and stay. Chief Willis felt it was perceived that the department’s wages and benefits were low, and the health insurance was recently reduced. Selectman Shubert clarified that a compensation study was recently done, and the wages are not low when looked at across the board. Chief Willis explained that to new employees looking only at a paycheck and with no full understanding of the benefit package, they often have a perception of low wages and benefits.
Resident Rick Moores stated that rather than looking at the situation as though the Town will be “losing” the newest, youngest hires to the fire department at age 45 or 46, the Town may be able to keep them till age 45 or 46. The Town has a better chance at keeping a valued, seasoned employee longer if there’s a desirable retirement goal to work towards.
Selectman Shubert asked if an employee under the 4C plan were to leave the Town, what benefits follow them. Ms. Fecteau stated that if an employee leaves after five years’ service then those benefits are available after age 60 or 65. If an employee has not completed five years of service then the money sits in account and continues to accrue interest till the money is rolled over, or the employee returns at some point to the MainePers system.
Ms. Fecteau discussed the point that employees who have been offered the MainePers system and declined it at some point are never again eligible to join, due to IRS regulations.
Ms. Fecteau noted the plan was for the entire group. All employees needed to join or not unless they were ineligible to join.
Town Manager Lunt asked for clarification that if the market recovers substantially, rates could go down.
Ms. Fecteau affirmed and noted that the plan had once been 117% funded. However that funding was exhausted when the market crashed.
Chairman Macauley pointed out there was an initial additional expense of $100,000 to convert to the All Service Plan. Ms. Fecteau agreed, and added that expense is not part of the Future Service Only Plan.
Selectman Shubert pointed out that an employee is actually losing years unless the Town goes to the All Service Plan. Ms. Fecteau agreed. Selectman Shubert noted the $100,000 estimate was for Plan 2C. Would it be similar for plan 4C? Ms. Fecteau didn’t have that information.
It was noted that this plan is funded by invested contributions. Employees won’t receive shares of mutual funds. It is essentially a pension fund. Selectman Reilly clarified that if there is a shortfall at some point it is the Town’s responsibility to make it up. Ms. Fecteau concurred.
Selectman Shubert noted that an employee could be on both the MainePers plan and another supplemental retirement plan. He inquired whether this meant the Town had to match two funds? Town Manager Lunt noted the Town would pay MainePers, however an employee could join another plan on their own. Mr. Lunt noted a majority of police and fire departments are using Plan 2C.
Covering the cost was discussed. Selectman Shubert felt the issue of the money would have to be discussed and approved at Town Meeting. Town Manager Lunt felt the money could be paid on a monthly increment, if a review of the budget shows the money is available. Chairman Macauley asked if we could fund it monthly till the Town Meeting and then get it funded.
It was agreed to discuss the issue further at the next meeting.
- Discussion of proposed changes to the Personnel Manual for Retirement Plans and Employee Compensation
MOTION: Selectman Shubert moved to table Item VIII. B. Selectman Reilly seconded the Motion. Motion approved 5-0.
Town Manager Lunt noted the item could be tabled to the September 19th meeting.
Chief Willis mentioned that there were people in the audience that expected the item to be addressed. He reported that an employee meeting was held last week to review the changes. The employees support the changes. The employees asked Chief Willis to thank the Board of Selectmen for the changes and going through the work leading to those changes.
The changes don’t address the medical insurance.
Selectman Dudman asked for an overview.
Town Manager Lunt reported that the recommendations came from, in large part, the survey completed last year. Many communities are using a CPI-based compensation system which Mr. Lunt reviewed.
He reviewed the contribution rate and recommended the Board compensate the ICMA contribution rate to match what the MainePers contribution rate is. Selectmen Shubert agreed the town needed to match it to make ICMA more attractive.
Selectman Shubert asked whether the annual performance-based increase was gone. Mr. Lunt affirmed it would be gone, however the performance evaluation stays. Arguments both for and against performance based pay increases were discussed.
Selectman Shubert asked about tying the ICMA contribution to MainePers. He worried there may be a substantial increase in the contribution if the Town goes with MainePers that may not necessarily apply to those on ICMA. Tying the ICMA contribution to the MainePers contribution was discussed. Mr. Lunt mentioned that the MainePers contribution rate could drop as well, and the Town may not want the ICMA contribution to drop.
- Public Space Special Event Application – Brooke Taylor Swanson Wedding Reception; Seal Harbor Village Green, August 12, 2017
Anne Funderburk, a Vice President of the Seal Harbor Village Improvement Society, stated a policy was drafted last year with regard to use of the public space for a private event. She referenced a letter received by the Board from the President of the VIS.
Ms. Funderburk noted that per the Special Event Policy (Article 9), amplified music was only allowed in Northeast Harbor. She added the wedding reception is proposed for 150 people, which will require a significant portion of the green, keeping others from being able to use it. 150 people will put a lot of wear and tear on the green. A tent will be erected, and the irrigation system must be protected. Additionally, the event may disturb residents adjacent to the space. Ms. Funderburk hoped these issues would be addressed prior to a permit being issued.
Ms. Taylor Swanson’s mother was in attendance in Ms. Taylor Swanson’s absence. She noted the event was the reception after the wedding. They’ve been in contact with Larry Taylor who works on the Village Green. She noted there was a wedding last summer on the green.
MOTION: Selectman Shubert moved to approve the Public Space Special Event application. Selectman Reilly seconded the motion.
Selectman Shubert remembered the issue being discussed at length last summer. Selectman Shubert felt the policy arrived at from those discussions was quite reasonable. The tent size, per the policy, is restricted to 1000 square feet which is small for accommodating 150 people. There can be no amplified music, and the event is scheduled for August. He felt the event is in violation of the policy, and recommended it not be approved.
Selectman Dudman felt the only thing going against the policy is the amplified music. Selectman Shubert agreed, unless tent size was also an issue. He noted the event is also a major event, which requires $500,000 in insurance.
Selectman Dudman noted that if there is no amplified music, then the application is essentially following the policy. She asked if the applicant would accept the event with no amplified music.
The mother of the bride noted that Ms. Taylor Swanson was not allowed to apply until a year prior to the event. A year in advance is too short a time to make alternate plans as many alternate venues are now already booked.
Selectman Shubert maintained that the policy does not support this event, nor does the VIS. He didn’t feel the Board of Selectman could approve it.
Selectman Reilly pointed out that the policy’s only sticking point seems to be no amplified noise. If this permit came back before the Board with no amplified music, he would have to vote to approve it. Selectman Hart agreed. The only issue seemed to be the amplified music.
Ms. Funderburk pointed out that events prior to the policy being in effect did not adhere to the policy. She stated that nowhere in the policy is an attendee number, or how much of the green can be reserved for private use. Selectman Reilly noted there is a size limitation on the tent that can be used, and there are often events with a lot of attendees on the green.
Selectman Dudman suggested that a new application with amplified music removed from the request be submitted for review.
Town Manager Lunt suggested reapplying and leaving out reference to amplified music.
Motion defeated 0-5.
- Maine DOT Temporary Easement for Jordan Pond Road/Stanley Brook
Public Works Director Smith noted this was with regard to temporary erosion control.
MOTION: Selectman Shubert moved to authorize the Board to sign the Maine DOT Temporary Easement. Selectman Reilly seconded the Motion. Motion approved 5-0.
- Department of the Army letter in response to Mount Desert’s letter of August 2, 2016 – Bar Harbor Oyster Company’s proposal of oyster cages installation
MOTION: Selectman Shubert moved to acknowledge the Department of the Army’s letter. Selectman Dudman seconded. Motion approved 5-0.
- Request form Otter Creek resident, Dennis Smith, for Selectmen to request a proposal for part of the Park Loop Road accommodate two-way access to the Fish House as part of the Schoodic Woods Boundary Legislation
It was noted Mr. Smith was not in attendance.
MOTION: Selectman Shubert moved that the Board works to develop a two-way access to the Fish House as part of the Schoodic Woods Boundary Legislation. Selectman Hart seconded.
Selectman Hart agreed with taking action, but questioned requiring an act of Congress to make a road two-way. He felt a meeting with the Park to develop a memorandum of understanding was impending; this might be the better choice to address the situation.
Town Manager Lunt noted there is a transportation plan the Park is developing. That may be a better place to address the issue. Mr. Lunt cautioned that if the road issue is addressed through an act of Congress, any future changes to that road will also require an act of Congress.
Motion defeated, 5-0.
Chairman Macauley noted the Aid Society has its next quarterly meeting in the coming week.
- Fish Survey on Otter Creek Fire Pond
Town Manager Lunt received information on what the process is to stock a private pond. The process is cumbersome. A vote at Town Meeting is required and easements would have to be generated among other things.
Mr. Lunt suggested perhaps the Village of Otter Creek should approach the landowner directly. Chairman Macauley would discuss it with the interested parties. He added he wouldn’t want to add non-native species to the water. It was noted the trout in the pond now are brook trout and three-spined stickleback trout.
No action was taken.
IX. New Business
- Planting of a Tree in front of the Seal Harbor Comfort Station to Honor Paul Freemont-Smith Jr. for his many years of service on the Seal Harbor VIS
MOTION: Selectman Shubert moved approval of planting the tree in front of the Seal Harbor Comfort Station. Selectman Reilly seconded the Motion.
It was noted the tree is replacing a tree. It was noted that new trees require a form, but replacing a tree does not.
Selectman Reilly asked whether the memorial is already there; is the tree to be planted replacing a memorial tree, or a tree that was not a memorial and the memorial will be new? If the memorial is not already in place, than his interpretation is that the policy is against it. It was noted the tree is a different kind of tree than the one it replaces.
Selectman Hart suggested tabling the issue and have the form filled out.
Ms. Funderburk noted that a similar process had been done with the Farrand-Dunham Memorial Park. The original plantings were yellow birches. The Town tried to stick to the original plans. Nothing there were memorial trees.
Selectman Reilly noted the question is replacement, and does it follow the policy. Mr. Lunt suggested the VIS submit an application.
Chairman Macauley felt it was a replacement issue more than a memorial issue, but an application would be prudent.
Ms. Funderburk noted there would be no plaque on the tree.
Selectman Shubert withdrew his motion.
- Public Space Special Event Application: Northeast Harbor Fest/Marc Fink; Northeast Harbor Marina Green, August 5 & 6, 2017
MOTION: Selectman Shubert moved, with Selectman Dudman seconding, approve of the Public Space Special event Application. Motion approved 5-0.
Selectman Shubert noted that four major events per year are allowed by the Town.
- Police Department Replacement of Tasers: Release of $2,324.00 from Police Equipment Reserve Account 4040100-24405; permission to expend those funds for the first payment as outlined in the Taser quote; and authorization to sign the Taser purchase agreement.
MOTION: Selectman Dudman moved, with Selectman Reilly seconding, to approve the Police Department replacement of tasers, by releasing $2,324.00 from Police Equipment Reserve Account 4040100-24405; permission to expend those funds for the first payment as outlined in the Taser quote; and authorization to sign the Taser purchase agreement. Motion approved 5-0.
- Accept donation of $5,000 from the Garden Club of Mount Desert to support the Marina Beautification Project (Marina Construction Account # 60101-00-57739)
Town Manager noted that the word “support” should be “supplement”.
MOTION: Selectman Reilly moved, with Selectman Dudman seconding, to accept a donation of $5,000 from the Garden Club of Mount Desert to supplement the Marina Beautification Project (Marina Construction Account # 60101-00-57739).
Town Manager Lunt noted the estimate of cost came in higher than the Garden Club had planned for, so they wanted to supplement the account to meet the estimate.
Motion approved 5-0.
- Authorize Road Salt purchase for FY-17 from Harcross @ $59.10 per ton
MOTION: Selectman Dudman moved approval of the Road Salt purchase for FY-17 from Harcross @ $59.10 per ton. Selectman Shubert seconded the Motion.
Selectman Reilly was disappointed the usual supplier was the highest bid.
Director Smith noted the companies don’t know the other prices in the sealed bid process. And the Highway Foreman asked the vendor if they could do better on their price. The vendor lowered the price.
Motion approved 5-0.
- Authorize the expenditure of $2,582.60 from Bartlett CIP Account # 4010300-24671 for the replacement of a seasonal finger float on the dingy dock at Bartlett Landing
MOTION: Selectman Shubert moved to authorize the expenditure of $2,582.60 from Bartlett CIP Account # 4010300-24671 for the replacement of a seasonal finger float on the dingy dock at Bartlett Landing. Selectman Reilly seconded the Motion. Motion approved 5-0.
- Such other business as may be legally conducted
No other business was discussed.
X. Treasurer’s Warrants
- Approve & Sign Treasurer’s Warrant AP1713 in the amount of $1,278,038.21
- Approve Signed Treasurer’s Payroll, State Fees, & PR Benefit Warrants AP1710, AP1711, AP1712, and PR1704 in the amounts of $4,688.50, $3,003.75, $7,113.57, and $98,993.39, respectively
- Acknowledge Treasurer’s School Board AP/Payroll Warrant(s) 4 and 5 in the amounts of $128,214.63 and $55,539.99, respectively
MOTION: Selectman Hart moved, with Selectman Reilly seconding, to approve & sign Treasurer’s Warrant AP1713 in the amount of $1,278,038.21, approve Signed Treasurer’s Payroll, State Fees, & PR Benefit Warrants AP1710, AP1711, AP1712, and PR1704 in the amounts of $4,688.50, $3,003.75, $7,113.57, and $98,993.39, respectively, and acknowledge Treasurer’s School Board AP/Payroll Warrant(s) 4 and 5 in the amounts of $128,214.63 and $55,539.99, respectively. Motion approved 5-0.
XI. Executive Session
None Scheduled
XII. Adjournment
MOTION: Selectman Shubert moved, with Selectman Reilly seconding, to adjourn the meeting. Motion approved 5-0. Meeting was adjourned at 8:36 pm.
Respectfully submitted,
Matthew J. Hart, Secretary
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