Town of Mount Desert
Board of Selectmen
Meeting Minutes
March 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, Treasurer Kathi Mahar, Assessor Kyle Avila, 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 order at 6:30 p.m.
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to take agenda item VIII. D. Annual Town Meeting Warrant Article for Matching Funding of Economic Development Consultant out of order. The vote was unanimous in favor, 5-0/
VIII. New Business
D. Annual Town Meeting Warrant Article for Matching Funding of Economic Development Consultant
Ham Clark and Kathe McCoy, members of the Summer Residents Association and Economic Development Sub-Committee of the Future of Northeast Harbor Committee, joined the meeting via conference call.
Chairman Richardson asked what the Economic Development Sub-Committee hopes to accomplish and what can hiring an economic developer accomplish. Mr. Clark said the perspective from the SRA coming out of ULI findings last July clearly shows opportunity for constituents to work together to implement the ULI recommendations. A consultant working this summer and into the next fiscal year would assist implementing the ULI findings. He suggested a consultant is the key to revitalization. Matt Hart from the Mount Desert Chamber of Commerce agreed that a professional economic development director is needed to provide expertise and lead the revitalization effort. The SRA has stepped up and offered to match up to $50,000 over two years to fund this position. Mr. Hart said he has discovered through research of other
revitalization efforts in similar communities that all have in common the need for businesses, residents, and the municipality to be involved – a three pronged approach. The economic development director would be the point person to organize efforts; similar to the LUZO Review Advisory Group. The committee is asking for matching funds of $25,000 this first year. The ULI showed there is opportunity and enthusiasm. We are not looking for more ideas; we want to turn the ULI findings into action. Mr. Hart said they are looking beyond the summer season, with a focus on the shoulder seasons and the year round economic nature of the community. Efforts will expand to other villages.
Chairman Richardson clarified that the Committee is asking for $25,000 now and perhaps another $25,000 in another year. Mr. Clark replied, yes. He sees it as an ongoing initiative of at least two years, with report cards. The hope is to have someone start at least by the summer of 2013 to get his/her feet wet, then continue on into the next fiscal year.
When asked who would oversee this new position, Town Manager Lunt replied he anticipates being the contact, with a group as advisors. There would be a specific work plan with benchmarks to be met. Selectman Macauley asked what the benchmarks would be based on, and was told the list provided in the packet memo which came from the ULI findings. Selectman Dudman suggested a volunteer cannot be fired; however, a consultant can be held accountable. She thought it very generous of the summer community to offer the matching funds. Selectman Shubert believes we are missing expertise. We need someone to create the opportunity and environment for private investment. Chairman Richardson asked who would do the hiring. Town Manager Lunt replied himself, some board members, and some committee members.
A discussion of the position name included the idea of adding director to Economic Development Consultant to give the position more impact. Ms. McCoy added that this is the push that is needed to move the revitalization efforts from talking to doing. Chairman Richardson thanked the SRA and all those in attendance.
Selectman Macauley stated we need to do something and won’t know if we are successful unless the effort is made. Selectman Mooers observed he has been advocating for a town planner/developer well before the ULI findings. A key component to planning is to have one individual to spearhead development and to follow up on all the contingencies that go with it.
MOTION: Selectman Dudman moved, seconded by Selectman Macauley, to match the Summer Residents Association funds up to $25,000 for the next fiscal year to fund and economic development director. The vote was unanimous in favor, 5-0.
Chairman Richardson reminded all that Town Meeting approval is still needed.
II. Public Hearing(s)
A. Annual Town Meeting Proposed Warrant Articles for Appropriation of Funds and Ordinance Amendments
Chairman Richardson opened the public hearing at 6:59 p.m. to discuss ordinance amendments.
Public Right-of-Way Opening Permit: Public Works Director Smith reviewed the proposed changes and explained the ordinance now applies to road openings in general instead of only when there is a road opening permit. There was no public comment.
Shellfish Conservation Ordinance: Tom Falt and Earl Moore from the Shellfish Conservation Committee were present. Mr. Falt, Committee Chairman, explained that most of the proposed changes were clarifications mandated by the State because resident and non-resident commercial licenses have been added. The State sees clamming as a commercial livelihood and job creator. Chairman Richardson asked if the State mandates contradict anything in the Town’s ordinance and the reply was no. Chairman Richardson asked Harbormaster Murphy, who is also a Shellfish Warden, if the agrees with the proposed changes; he replied yes, he has attended the committee meetings.
Chairman Richardson explained that the Board is not prepared at this time to hear comment on the articles for appropriation of funds.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley to postpone the public hearing on the articles for appropriation of funds to 4:00 p.m., March 8, 2013. The vote was unanimous in favor, 5-0.
Chairman Richardson closed the public hearing closed at 7:13 p.m.
III. Minutes
A. Approval of minutes from February 19, 2013 meeting.
MOTION: Selectman Dudman moved, seconded by Selectman Macauley, to approve the minutes from February 19, 2013 meeting. The vote was unanimous in favor, 4-0-1 with Selectmen Shubert abstaining.
IV. Appointments & Recognitions
A. Thank You from Touch-A-Truck to Mount Desert Fire Department
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to acknowledge receipt of the Thank You from Touch-A-Truck to Mount Desert Fire Department. 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: Public Works
B. Bartlett Landing Improvements
C. WWTP & Garage Bid Opening Date Change
D. Americans with Disabilities Act: Sidewalk Projects
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to acknowledge receipt of Consent Agenda item A, B, and D and to remove item C for discussion. The vote was in unanimous in favor, 5-0.
Board reviewed the March 4, 2013 memos and bid summaries from Public Works Director Smith regarding the bids.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to award construction of the Treatment Process Upgrade: Northeast Harbor Wastewater Treatment Plant project to the apparent low bidder Penta Corporation of Moultonboro, New Hampshire at a total bid amount of $4,205,950 under the terms and conditions described in the bid documents, contingent upon approval at town meeting. The vote was unanimous in favor, 5-0.
MOTION: Selectman Mooers moved, seconded by Selectman Shubert, to recommend the amount of $4,955,950.00 be included as an article, presently being prepared by legal counsel, in the May 7, 2013 town meeting warrant for funding the construction of the Treatment Process Upgrade: Northeast Harbor Wastewater Treatment Plant project. The vote was unanimous in favor, 5-0.
MOTION: Selectman Mooers moved, seconded by Selectman Shubert, to award construction of the Mount Desert Public Works Building project to the apparent low bidder Sheridan Corporation of Fairfield, Maine at a total bid amount of $1,992,114.65 under the terms and conditions described in the bid documents, contingent upon approval at town meeting. The vote was unanimous in favor, 5-0.
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to recommend the amount of $2,352,115.00 be included as an article, presently being prepared by legal counsel, in the May 7, 2013 town meeting warrant for funding the Mount Desert Public Works Building construction project. The vote was unanimous in favor, 5-0.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to accept Consent Agenda item C. The vote was unanimous in favor, 5-0.
Regarding Consent Agenda item B, Ted Bromage reported the property owners he approached for the purpose of drilling a well to provide fresh water at Bartlett landing are unable to allow the well because of easements currently in place and the presence of friable habitat. Mr. Bromage said he still has concerns about parking, the dumpster, and port-potties. Public Works Director Smith said he and Chief Willis are on track to take care of these issues.
VI. Selectmen’s Reports
Selectman Shubert stated there is a growing realization in Seal Harbor that there is more of a problem than anticipated with the re-routing of the Island Explorer and closure of the Jordan Pond Road. Katrina Carter shared her concerns that by limiting the number of buses traveling through Seal Harbor and Northeast Harbor this summer, we are limiting economic development and revitalization. Half as many buses mean half as many people visiting. Last summer 11,000 people visited the Chamber of Commerce at the Northeast Harbor Marina; many of them arrived by Island Explorer. The bus also brings in employees for local businesses and sends our kids to other communities for work and recreation. She thought it important to reconsider for the economic development of our community.
MOTION: Selectman Macauley moved, seconded by Selectman Shubert to open the Jordan Pond Road.
DISCUSSION: Town Manager Lunt firmly stated he recommends not voting on this issue tonight. He believes the Board needs to give the residents of Jordan Pond Road a chance to discuss. We need to make sure they are notified. Ms. Carter suggested notifying the Island Explorer as soon as possible to allow for re-scheduling.
Chairman Richardson asserted nothing has changed in his mind. The Town of Mount Desert did not create this problem; the National Park did without discussion. After talking with all concerned, it is clear in his mind running a thousand vehicles a day up and down Jordan Pond Road is a public safety nightmare. He appreciates the concerns about economic impact, although Seal Harbor is better off with the bus traversing Main Street. He reiterated he is well aware of the economic impact; however, he personally cannot put the residents of Jordan Pond Road in that kind of jeopardy with that amount of traffic. The road is not designed to handle that kind of traffic. He said we experienced a similar situation when Stanley Brook Road was closed a few years ago for bridge repair in the fall. What little traffic
that created was a nightmare for Jordan Pond Road residents. His sole concern is public safety; he hopes the motion is defeated; he is not changing his mind.
Selectman Shubert suggested very soon this will be done and won’t be able to be undone. It seems reasonable to think about it again. He believes there has been some misinformation; and stated this is not a safety problem. Currently there is a lot of through traffic on Jordan Pond Road, and he is one of many who use it to get to the park. If the road is closed to all but emergency and service vehicles and the bus, then traffic will be less than it is now. He recognized that doesn’t change the fact that it is inconvenient to the residents of Jordan Pond Road. Although the buses are noisy, they do not travel fast. He sees as another complicating factor Chief Willis’ concern that there should not be any parking alongside the road for safety reasons. There is no perfect solution;
however, he sees it as an inconvenience not a public safety issue. He also recognized Northeast Harbor businesses will be significantly inconvenienced with the potential of up to a 75% reduction in passengers.
Selectman Mooers believes it is a safety issue. There are roads the Island Explorer bus will not travel that are wider than Jordan Pond Road because they deem that road unsafe. He would be interested in a safety report from the Island Explorer bus system.
Selectman Dudman thought it a good idea for the Board to hear from Jordan Pond Road residents. She has had a number of calls from citizens; she explained to them the vote has been taken. She hopes to revisit the issue to allow public to weigh in.
Chairman Richardson suggested defeating the motion and adding a discussion to the next regular Board meeting agenda (March 18, 2013).
Chief Willis observed that the Board is talking about two things: all traffic versus the buses. He stated the Permits have been ordered and are on their way to being delivered to him. He will be issuing those permits to authorized service vehicles; essentially service people going to Jordan Pond House; with some leeway for Greenrock employees, etc. He asked if the Board is talking about opening the entire discussion, and Chairman Richardson replied yes. Chief Willis wondered if we make buses authorized vehicles that are permitted. Chairman Richardson suggested that is what Selectman Shubert is talking about. Selectman Shubert observed very soon this will be a done deal, and he wants to be able to say the Board looked at all angles. Selectman Shubert presented a new idea: since Acadia Corp is an
interested party in attracting people to Northeast Harbor, perhaps they could be asked to help pay for police time on Jordan Pond Road.
VOTE: The vote failed, 0-5 with all members voting against.
VII. Old Business
A. Building Permit Fee Reimbursement Policy
Selectman Mooers has provided language addressing the reimbursement issue with regards to permits that have been issued by the CEO, who has no means of authority or direction for reimbursement for erroneously issued permits, or a permit that was not going to be used for whatever reason. There have been a few requests over the years for various reasons. He has reviewed this language with CEO Keene who agrees that it does what is needed.
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to accept the Permit Fee Reimbursement Policy as written by Selectman Mooers. The vote was unanimous in favor, 5-0.
VIII. New Business, continued
A. Citizen Request to use Suminsby Park July 2013
Luke Damon was present and explained he would like to use Suminsby Park for his wedding reception. He acknowledged that it is a public space and said he would have no problem sharing the space with others should they show up. He would like to erect a tent for the catered BBQ party event.
Chairman Richardson reminded Mr. Damon that no alcohol is allowed. Chief Willis confirmed that the Town’s Public Use policy does not allow camping; a tent can be set up, but nobody can spend the night. He, too, referred to State statute that officially refers to no public drinking.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to approve citizen’s request to use Suminsby Park in July 2013 in a non-exclusive manner. The vote was unanimous in favor, 5-0.
B. Liquor License Renewal Application Acadia Corporation/Jordan Pond House
MOTION: Selectman Macauley moved, seconded by Selectman Shubert, to approve the Liquor License Renewal Application for Acadia Corporation/Jordan Pond House. The vote was unanimous in favor, 5-0.
C. Reserve Account Consolidation
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to authorize the transfer of $16.60 from Pollution Control Reserve Account GL 20-24105-86 to Wastewater Capital Improvement Reserve Account GL 20-24105-01, thereby closing the Pollution Control Reserve Account. The vote was unanimous in favor, 5-0.
MOTION: Selectman Mooers moved, seconded by Selectman Shubert, to authorize the transfer of $2,303.76 from Seal Harbor Marina Road Reserve Account GL 20-24105-74 to Public Works Road Reserve Account GL 20-24105-73, thereby closing the Seal Harbor Marina Road Reserve Account. The vote was unanimous in favor, 5-0.
E. Drainage Easement, Proposed Warrant Article
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to include the proposed drainage easement article in the Annual Town Meeting Warrant. The vote was unanimous in favor, 5-0.
F. Draft Warrant for Annual Town Meeting May 6 & 7, 2013
Board agreed to revisit March 18, 2013.
G. Annual Town Report Dedication
Selectman Dudman suggested a cover photo of all town employees. Chairman Richardson suggested a picture of all volunteers for the inside dedication. Selectman Mooers pointed out that a former Planning Board member, Patti Reilly, lost her life due to a tragic automobile accident. He thought it appropriate to dedicate the Town Report to her memory.
MOTION: Selectman Mooers moved, seconded by Selectman Shubert, to dedicate the 2012 Annual Town Report to Patti Reilly, contingent upon family approval. The vote was unanimous in favor, 5-0.
Board agreed to leave the cover to staff discretion.
H. Such other business as may be legally conducted
IX. Treasurer’s Warrants
A. Approve & Sign Treasurer’s Warrant #102 in the amount of $273,700.47
B. Approve Signed Treasurer’s State Fee Warrants #98 & 100 in the amount of $4,295.26 & $4,127.65, respectively
C. Approve Signed Treasurer’s Wage & Benefit Warrants #99 & 101 in the amount of $48,237.42 &101 $52,020.48
D. Acknowledge Treasurer’s School Board AP Warrant #8 in the amount of $137,440.31
MOTION: Selectman Macauley moved, seconded by Selectman Shubert, to approve Treasurer’s Warrants totaling $519,821.59 as described in agenda items IX. A. – D. The vote was in favor, 5-0.
X. Executive Session
A. None
XI. Adjournment
MOTION: At 8:05p.m. Selectman Mooers moved, seconded by Selectman Dudman, to adjourn the meeting.
Respectfully submitted,
John B. Macauley
Secretary
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