Town of Mount Desert
Board of Selectmen
Meeting Minutes
February 4, 2013
A meeting of the Board of Selectmen was held this date in the Meeting Room, Town Hall, Northeast Harbor, Maine.
Those present included: Chairman Tom Richardson; Selectmen Martha Dudman, John Macauley, Rick Mooers and Dennis Shubert; staff members Town Manager Durlin Lunt, Code Enforcement Officer Kim Keene, Fire Chief Mike Bender, Police Chief Jim Willis, Harbormaster Shawn Murphy, 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 Richardson called the meeting to order at 6:30 p.m.
II. Public Hearing(s)
A. None
III. Minutes
A. Approval of minutes from December 17, 2012 meeting
MOTION: Selectman Dudman moved, seconded by Selectman Macauley, to approve the minutes from December 17, 2012 meeting. The vote was in favor, 3-0 2 with Selectmen Mooers and Shubert abstaining.
B. Approval of minutes from January 22, 2013 meeting
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to approve the minutes from January 22, 2013 meeting. The vote was in favor, 3-0-2 with Selectmen Macauley and Shubert abstaining.
IV. Appointments & Recognitions
A. Appoint Ann Durost to the Technology Committee effective February 5, 2013
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to appoint Ann Durost to the Technology Committee effective February 5, 2013. The vote was unanimous in favor, 5-0.
B. Appoint Jay Emlen to the Technology Committee effective February 5, 2013
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to appoint Jay Emlen to the Technology Committee effective February 5, 2013. The vote was unanimous in favor, 5-0.
C. Recognize Edward Montague’s Achievement as Grade I Wastewater Laboratory Analyst
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to recognize Edward Montague’s Achievement as Grade I Wastewater Laboratory Analyst and thank him for his efforts to improve himself in his position. The vote was unanimous 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: Police
B. Zoning Board of Appeals Meeting Minutes October 17, 2012 & December 6, 2012
C. League of Town Minutes January 22, 2013
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to acknowledge receipt of Consent Agenda items A – C as presented. The vote was unanimous in favor, 5-0.
VI. Selectmen’s Reports
Selectman Dudman reported that the small group comprised of Durlin Lunt, Matt Hart, Sam Shaw, Ham Clark, and Kathe McCoy, who are working on the revitalization plan for Northeast Harbor recently had a phone conference to discuss a proposal, based on the ULI report, for a paid contracted employee. Town Manager Lunt added that the economic director for Piscataquis County is sending him information based on a similar project. Selectman Dudman said she has met with people from Belfast, Rockport, and Camden; all working on similar projects
VII. Old Business
A. Island Explorer, discussion
Paul Murphy, General Manager for Downeast Transportation which operates Islander Explorer, was present. He stated he became aware of the Stanley Brook Road and Jordan Pond Road closures when most everyone else did. He has met with Town Manager Lunt and Police Chief Willis to address the service challenge; and with the help of Tom Crikelair has a proposed service model that can operate through the summer and fall seasons. To best serve Northeast Harbor and Seal Harbor, with the limited number of vehicles and resources, presented a conundrum. The #5 Island Explorer bus that served Northeast Harbor every half-hour will be replaced with a bus that has hourly service to Northeast Harbor via Main Street, Seal Harbor according to the proposed service model. Mr. Murphy recognized this is less than half the normal
frequency, and commented that although not perfect, it is still fairly robust service. However, it is a proposal and not cast in stone. Mr. Murphy agreed business owners might have concerns; there will be no traffic coming directly from Jordan Pond House to Northeast Harbor.
Chairman Richardson gave Mr. Murphy a hearty thank you for his efforts to present a working plan. The issue for the Board and Town is the amount of traffic on Jordan Pond Road, which is unable to handle a lot of traffic. Selectman Shubert wondered how many passengers disembark in Northeast Harbor. Mr. Murphy guestimated 16,000, or a quarter of the estimated 66,000 riders on that particular bus route. Selectman Shubert asked if the noise level of buses on Jordan Pond Road would change if the speed of the buses was altered. Mr. Murphy thought not; he also restated the old schedule would mean 39 bus trips across Jordan Pond Road each day. Selectman Shubert suggested one way trips; Mr. Murphy said that would leave people in the lurch at Jordan Pond House.
Selectman Dudman thanked Mr. Murphy for the proposed schedule, and stated she still thinks should Jordan Pond Road should remain open, even partially; Selectman Shubert agreed that local residents using the Park are helped by the bus.
Police Chief Willis said whatever the Board decides, he and his department will hear about it. Enforcement is the issue, and he has asked the District Attorney’s office for guidance. There is a civil infraction for failure to obey traffic control device. It’s a matter of who goes through the blocked road and who is authorized. The key for the Police Department is clarity - who may go through the closed area. If the signage is not clear, it renders the police helpless.
A discussion ensued about the barricade at the top of Jordan Pond Road and which vehicles will be allowed to pass through. Selectman Shubert asked if a radio controlled gate could be installed. Len Bobinchock, Deputy Superintendent for Acadia National Park, replied the cost would be substantial. He is unsure if there are funds and time to install a radio controlled gate. He said he understands the need for clarity. If the Town issues a permit, who enforces? Chief Willis said his department could come up with something.
Steve Zirnkilton, Jordan Pond Road resident, stated a plus side to the proposed bus schedule is that the bus will travel Main Street, Seal Harbor, which is a change from it using Stanley Brook Road to get to Northeast Harbor. It was noted that some years ago the bus did travel Jordan Pond Road until residents asked for a change. The road is uphill all the way; therefore the bus must accelerate causing excessive noise.
At Chairman Richardson’s statement that the issue includes all the other traffic in addition to the buses [traveling Jordan Pond Road], Selectman Dudman asked why not allow just the buses and no other cars to travel Jordan Pond Road. Chairman Richardson said the road is not designed for that amount of traffic. If push comes to shove, we could shut it down entirely except for emergency vehicles. Selectman Shubert said it is better if everyone gets half a loaf by restricting traffic to those who absolutely have to go through. Selectman Mooers agreed. He said although it is simpler to shut it down, the Board has a responsibility to its citizens. He is inclined to listen to the experts when they give an opinion. It may be a bitter pill to swallow; however, it is in the Town’s best interest to
mitigate the economic impact. Chairman Richardson restated the fact that shutting down Jordan Pond Road is for protection; it’s a safety issue. Selectman Dudman said it’s a long way around without access to either Stanley Brook Road or Jordan Pond Road; it’s too bad not to offer the use of Jordan Pond Road to at least the buses. Selectman Shubert wondered if reducing the frequency of buses that traveled Jordan Pond Road would cause problems. Mr. Murphy replied somewhat; it would leave drivers and buses not in use for part of the day. Selectman Shubert asked if the current proposal significantly reduces the traffic to Northeast Harbor, and Mr. Murphy replied yes.
Ann Funderburk, Jordan Pond Road resident, said she has been talking with people about the #5 bus and her understanding is that it is one of most heavily used buses in the Island Explorer system. She believes prohibiting the #5 from Jordan Pond Road would be bad for the Town’s economic health. She said she understands there is no easy solution; she wishes that ANP had given the Town more time to deal with this issue. Steve Zirnkilton reminded the Board, by referring to his own obligation to safety issues as a legislator, that the real decision for the Board is the safety and well-being of the citizens who elected them.
Selectman Shubert asked Police Chief Willis if he is comfortable putting a summer employee at the barricaded intersection to write tickets 30 hours a week. Would the employee be properly trained and safe? Police Chief Willis responded yes, but the issue remains the traffic allowed. He noted there is a lot of street side parking on Jordan Pond Road.
From questions regarding the proposed schedule and the possibility of additional stops, the point was made that the bus drivers already have a policy to stop at any place deemed safe.
MOTION: Selectman Dudman moved, seconded by Selectman Shubert, to invite Paul Murphy to revise the proposed schedule to include the use of Jordan Pond Road. The vote failed, 2-3 with Chairman Richardson, Selectman Macauley, Selectman Mooers voting against.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to accept the bus schedule as proposed (so-called Hypothetical Island Explorer Schedule 2013) The vote was in favor, 4-1 with Selectman Dudman voting against.
A discussion of how to shut down Jordan Pond Road, including the barricade placement, resulted in the agreement that Police Chief Willis and Acadia National Park officials will work out the logistics. As for what vehicles will be allowed to travel Jordan Pond Road, Police Chief Willis suggested emergency and authorized service vehicles. He can work out the enforcement details.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, that access to Acadia National Park at the Jordan Pond Road intersection be limited to emergency and authorized service vehicles only for the duration of the work being done by Acadia National Park, as authorized by Police Chief Willis. The vote was in favor, 4-1 with Selectman Dudman voting against.
B. Otter Creek Fire Pond update
Fire Chief Bender opened the discussion of how to fund the project now that pricing has been obtained for sampling and testing of the soil material from the pond. There is no money in the current Fire Department budget. The Board had discussed using its Contingency Fund; however, there is not enough in that fund to cover the cost. Board suggested that Chief Bender add the costs to the Fire Department’s FY 2014 budget. Fire Chief Bender asked if he is to include dredging, and Board decided to do sampling first, then dredging next year.
VIII. New Business
A. Citizen Request for Building Permit Fee Reimbursement
Town Manager Lunt referred to the Town’s Building Code which does not address reimbursement of fees. He asked Code Enforcement Officer Keene to provide a list of past reimbursements related to permitting; all of which were approved by Town Managers. Code Enforcement Officer Keene stated she has no authority under the Building Code to reimburse fees. Charles “Chuck” Bucklin was present and explained he applied for a permit for a new building to replace one that would be torn down. He pulled the permit; a few days later called Code Enforcement Officer Keene and told her was not going to go through that plan, and would contact her soon with another plan. When he submitted the different plan and applied for the permit, he was told he could not be reimbursed for the cost of the first
permit.
Chairman Richardson asked the costs of the permits and Mr. Bucklin replied $1,029 for the first permit and $420 for the second. Selectman Shubert asked if the cost of the permit covers inspections, and Code Enforcement Officer Keene replied yes, except for plumbing, those are separate permits and inspections.
Board discussed whether to set a policy or review these issues on a case by case situation. Town Manager Lunt recommended case by case. When asked how long a permit application review takes, Code Enforcement Officer Keene replied it depends on the plan information.
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, regarding Charles Bucklin’s permit, to apply 50% of the first permit fee to the second permit fee.
DISCUSSION: Selectman Mooers asked if the applications were similar, and Code Enforcement Officer Keene said the second application was not as detailed. Selectman Dudman asked how long between permits and was told a few months. She wondered why the Board would not develop a policy. Chairman Richardson and Town Manager Lunt agreed that every instance is different.
VOTE: The vote failed, 2-3 with Chairman Richardson, Selectman Shubert and Selectman Mooers voting against.
MOTION: Selectman Dudman moved, seconded by Selectman Macauley, to reimburse Charles Bucklin the total amount of the first permit ($1,049) less a $50 processing fee.
DISCUSSION: Selectman Mooers suggested that even though the Board is reviewing on a case by case basis, it is everyone’s best interest to have an accurate estimate from Code Enforcement Officer Keene of the cost to review and then base the processing fee on that. Board agreed to an analysis by Code Enforcement Officer Keene with the processing fee based on her hourly rate for labor costs. Selectman Dudman agreed to revise her motion and Selectman Macauley as second.
MOTION: Selectman Dudman moved, seconded by Selectman Macauley to authorize a total reimbursement to Charles Bucklin of the first permit ($1,049) less the processing fees as determined by Code Enforcement Officer Keene and Town Manager Lunt.
VOTE: The vote was unanimous in favor, 5-0.
B. MDES Principal Scott McFarland with Budget Overview
Principal Scott McFarland was present and started with an overview of the big picture. He related that Mount Desert Elementary School was designated Blue Ribbon School in 2008; was cited for excellency in the recent ULI revitalization report; and the school just finished being filmed by the George Lucas Educational Foundation film crew, and will be featured on the Edutopia website that receives 600,000 hits a month worldwide. [The George Lucas Educational Foundation is dedicated to improving the K-12 learning process by documenting, disseminating, and advocating innovative, replicable, and evidence-based strategies that prepare students to thrive in their future education, careers, and adult lives.] Principal McFarland described enrollment figures as increasing; current enrollment is over 180. He noted the budget
increase of 3.96% translates into $132,138, of which 80% is Special Ed staff (salaries, health care).
Chairman Richardson noted that although the budget increase is approximately 4%, the appropriations are closer to 5%. Selectman Shubert congratulated Principal McFarland and noted the school helps attract people to the community. He asked if the proportion of Special Ed students has increased. Principal McFarland said that is hard to quantify; MDES does have a healthy percentage. The district as a whole is vigilant to recognize and work with Special Ed students. Chairman Richardson asked about the Special Education Reserve Fund that was voted on last year and was told that it did pass in all towns; however, the fund account has yet to be set up. Chairman Richardson thanked Principal McFarland, Superintendent Howard Colter, and Business Manger Nancy Thurlow for attending.
D. Citizen Request for Reinstatement to Tax Club
Town Manager Lunt explained the circumstances as outlined in Dr. Fox’s request.
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to reinstate three real estate property accounts 1412, 1285, and 888 to the Tax Club as proposed. The vote was unanimous in favor, 5-0.
E. Such other business as may be legally conducted
1. Harbormaster Murphy requested the Board to authorize Town Manager Lunt to sign the Harbor Grant agreements due to time constraints. Forms are due at the State before the next Board meeting.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to authorize Town Manager Lunt to sign any Harbor Grant agreements for the construction of floats. The vote was unanimous in favor, 5-0.
2. Public Works Director Smith referred to the sub-committee working on signage for Northeast Harbor and said Sam Shaw was unsuccessful in obtaining private funds for sign construction. The Board had previously agreed to a warrant article for construction funds; this request is to include design costs.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to amend the previously approved Warrant Article to include design and construction costs not to exceed $25,000. The vote was unanimous in favor, 5-0.
Public Works Director Smith briefly mentioned several items on the horizon.
IX. Treasurer’s Warrants
A. Approve & Sign Treasurer’s Warrant #91 in the amount of $230,863.32
B. Approve Signed Treasurer’s State Fee Warrants #88& #89 in the amounts of $1,101.10 & $55,470.77, respectively
C. Approve Signed Treasurer’s Wage & Benefit Warrants #87& #90 in the amounts of $45,640.29 & $45,713.53, respectively
D. Acknowledge Treasurer’s School Board Payroll Warrant #16 in the amount of $62,307.78
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to approve Treasurer’s Warrants totaling $441,096.79 as described in agenda items IX. A. – D. The vote was unanimous in favor, 5-0.
VIII. New Business, continued
C. Public Works Budget Review
Public Works Director Smith noted his budget is up 2.6% overall. Chairman Richardson asked if there are any appropriations for bonds for the treatment plant upgrade and new garage, the reply was no that will come later from the Treasurer.
The budget review began with 105-01Roads and Public Works Director Smith explained
509-75 Equipment Reserve is being built back up to its former $89,000 over the next two years. In 105-04 Sewer Capital, 509-82 CI Reserve is reduced to $26,250.
105-05 Sewer and 105-06, 07, 08, 09 NEH, SV, SH, OC Treatment Plants show no major changes. In 105-15 Waste Management, Selectman Shubert noted that Maine Municipal Association promotes shared packer truck reserves. Public Works Director Smith explained that would not work in our area; Mount Desert is the only town on the island that does curbside collection. Under 105-20 Buildings and Grounds, 509-70 Building Reserve increased to $20,000 to start preparing for the new sprinkler system in required by 2016, and for the Police Department repairs. 105-25 Parks & Cemeteries, no significant changes.
X. Executive Session
A. None
XII. Adjournment
MOTION: At 8:33 p.m. Selectman Macauley moved, seconded by Selectman Dudman, to adjourn the meeting.
Respectfully submitted,
John B. Macauley
Secretary
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