Town of Mount Desert
Board of Selectmen
Meeting Minutes
June 3, 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, Code Enforcement Officer Kim Keene, Public Works Director Tony Smith, Harbormaster Shawn Murphy, Fire Chief Mike Bender, and Police Chief Jim Willis; 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 May 7, 2013 meeting.
MOTION: Selectman Macauley moved, seconded by Selectman Dudman, to approve the minutes from May 7, 2013 meeting as presented. The vote was in favor, 4-0.
B. Approval of minutes from May 20, 2013 meeting
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to approve the minutes from May 20, 2013 meeting as presented. The vote was in favor, 4-0.
IV. Appointments & Recognitions
A. Confirm Appointment of Alyssa Young as Summer Dock Hand at an Hourly Rate of $11
MOTION: Selectman Macauley moved, seconded by Selectman Dudman, to confirm the appointment of Alyssa Young as Summer Dock Hand at an Hourly Rate of $11. The vote was in favor, 4-0.
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: Assessor
B. From 126th Maine Legislature: An Act to require the Return of Excess Funds by a Municipality that Forecloses on Real Estate
C. Proposed Conservation Easement Between Mount Desert Water District and Maine Coast Heritage Trust
D. Hancock County Commissioners Draft Meeting Minutes May 7, 2013
E. Hancock County Commissioners Draft Meeting Minutes May 21, 2013
MOTION: Selectman Macauley moved, seconded by Selectman Dudman, to accept Consent Agenda items A – E as presented. The vote was in favor, 4-0.
VI. Selectmen’s Reports
Selectman Dudman reported that eleven applications have been received for the Economic Development Director consultant. Town Manager Lunt, Chamber of Commerce President Matt Hart and Selectman Dudman will be interviewing candidates later this month. Cost of advertising was minimal as most was done on-line.
Selectman Macauley said he has received several calls from citizens who cannot burn their brush because of the Town’s tight permitting policy, even with the amount of rain we have had. Fire Chief Bender commented on the dry conditions; however, he said would check into the matter. Guidelines are set by the State. He also noted that beginning July 1 on-line permitting will be available through the State; guidelines are more stringent and there will be a fee. This process will not replace the Town’s permit process; it is meant to be an added service.
Chairman Richardson brought up the Otter Creek Landing, off Grover Avenue, which is the access to the ocean from the village of Otter Creek. It is a right-of-way deeded to the Town in exchange for a right-of-way for the Otter Creek Aid Society. The agreement allowed the Town to put back a road and to do some bulkhead and ramp work. Some of this, but not all, has been done. The Aid Society wants to move forward with making the Landing useable. Public Works Director Smith and Town Manager Lunt are aware of the situation. Chairman Richardson asked the Board’s permission to initiate discussions with DEP and to have DEP meet with Public Works Director Smith to determine what can be done and create a plan of action.
MOTION: Selectman Macauley moved, seconded by Selectman Shubert, to request Public Works Direct Smith to initiate a discussion and/or meet with DEP to determine what can be done to make the Otter Creek Landing useable.
DISCUSSION: Selectman Shubert wondered if this should become part of the marina division, noting it was similar to Seal Harbor. Chairman Richardson explained it is a right-of-way, not a marina with floats and docks. The bulkhead has yet to be built. Restrictions on construction material are quite extensive; such as no concrete or pavement. Granite, stone, and wood are acceptable. There is potential for a donation of stonework. The first step is to meet with DEP to see what can be done. Selectman Macauley agreed that eventually the Landing operation belongs with the marina division. Harbormaster Murphy suggested it would make a difference whether the Landing is a Town or Marina asset. Public Works Director Smith thought since the Town owns an
easement across the land it might more appropriately come under the Parks division.
VOTE: The vote was in favor, 4-0.
VII. Old Business
None presented.
VIII. New Business
A. Request for Reimbursement of After-the-Fact Septic Permit fee
Town Manager Lunt explained this request has been delayed due to contractor’s inability to attend the meetings; he is still unable to attend and has asked Town Manager Lunt to represent him. Code Enforcement Officer Kim Keene summarized her memo dated April 9, 2013. When the contractor submitted the packet of information to the CEO, it was only for a building permit. The subject of a septic permit was never discussed. It was discovered a septic permit was not in place when another contractor called for a septic inspection. It appears there was a breakdown in communication between the two contractors. The after-the-fact fee is $100.
MOTION: Selectman Dudman moved, seconded by Selectman Mooers, to reimburse the after-the fact permit fee of $100. The motion failed 0-5, with all Board members voting against.
At approximately 6:47 p.m., Chairman Richardson recognized the arrival of Selectman Mooers during the previous discussion.
B. Citizen Request to Darken Replacement Street Light on Main Street, Somesville
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to ask Public Works Director Smith to request Bangor Hydro Electric to blacken the light as was previously done. The vote was unanimous in favor, 5-0.
C. Proposal for Reroute Village Improvement Society Trail in Northeast Harbor
Town Manager Lunt introduced Jerry Suminsby who explained the rerouted trail would cross Town land, as do other parts of the network of trails. Cliff Olson described the trail, of which about 400 feet will be on Town property. Town Manager Lunt said the Water District has given its approval with the caveat that if needed the use of the property would revert back to the District. Chairman Richardson stated the Town would need the same assurance. Mr. Olson said an agreement between the Water District and VIS is being written and offered to share it with the Town. The issue of liability was thoroughly discussed, and reference made to the State of Maine “landowner liability” law under Title 14, MRSA Section 159-A. It seems to be public use of public land.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to approve rerouting the proposed Village Improvement Society trail onto Town property in Northeast Harbor. The vote was unanimous in favor, 5-0.
Chairman Richardson suggested to Town Manager Lunt that he verify liability coverage.
D. Dispatch Radio Console Replacement Costs
MOTION: Selectman Macauley moved, seconded by Selectman Mooers, to authorize the release and expenditure of up to $1,750.00 from Reserve Account #G20-24104-72 for Dispatch radio console replacement costs. The vote was unanimous in favor, 5-0.
E. Draft Traffic Ordinance
Police Chief Willis explained the most significant change is regarding Bartlett’s Island Landing parking. The current ordinance allows for a trailer with only one boat on it; practice has trailers with multiple boats (such as kayaks). The proposed ordinance conforms to practice.
Selectman Shubert asked for clarification of parking allowed, and not allowed, in the area of Azalea Gardens (Section D-9 Parking Prohibited (a) (7)). Chief Willis said the intent is if are you traveling toward Seal Harbor, to park on the right; there is room to pull-off. Selectman Shubert suggested people are parking in the right-of-way and there is a safety issue. Public Works Director Smith said if the Board requests, he will check with DOT to see if coping stones can be placed along the roadside, the sidewalk widened, or a rail fence installed. Discussion ensued regarding the few times a year that area is purposely used for parking (Friends of Acadia event, Neighborhood House gala, large weddings, all which take place at Asticou Inn). It was noted that the ordinance is
under the purview of the Police Department. Selectman Shubert thought most people don’t realize there is a parking lot around the corner (off Route 198); perhaps more signage would help.
Board agreed to have the draft ordinance placed on the Town’s website and invite comment; and to bring comments and the ordinance to the Board’s June 17 meeting.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to acknowledge receipt of Draft Traffic Ordinance with possible approval at Board’s June 17, 2013 meeting. The vote was unanimous in favor, 5-0.
F. Acadia Disposal District Draft Inter Local Agreement
Public Works Director Smith summarized the changes as outlined in his original memo dated January 15, 2013.
MOTON: Selectman Mooers moved, seconded by Selectman Macauley, approval of the revisions to the Acadia Disposal District Inter Local Agreement as presented. The vote was unanimous in favor, 5-0.
G. Acadia Disposal District Draft By-laws
Public Works Director Smith summarized the changes as outlined in his original memo dated January 15, 2013. No action required.
H. Request to Bid Floats
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to authorize the Harbormaster to advertise and accept bids for surplus floats, and to dispose of any floats not taken in the bid process. The vote was unanimous in favor, 5-0.
I. Seal Harbor Dinghy Float Replacement
MOTION: Selectman moved, seconded by Selectman Macauley, to authorize the expenditure of up to/not to exceed $10,000 from Marina Reserve Account #24120-85 for the construction, delivery, and installation of a new float for Seal Harbor. The vote was unanimous in favor, 5-0.
J. Consideration of Local 340 Request of Sidebar to Current Public Works Contract for Time Pool
Town Manager Lunt explained the issue of a time pool involves more than the members of Local 340; it would become a policy for all Town employees. It started with the catastrophic illness of a Public Works’ employee who has exhausted all benefit time. The Town’s Personnel Policy does not make allowances for sharing benefit time. Town Manager Lunt has collected examples of policies from several towns, including Bar Harbor and Southwest Harbor. There are many issues to consider prior to making a recommendation. He is requesting permission from the Board to draft a policy, involving the Department Heads, for its consideration. Further discussion included potential costs to the Town, oversight, how to avoid abuse, and contributions and draws to the pool.
Selectman Mooers described a model used by the State and offered to send a copy to Town Manager Lunt. He also agreed, if available, to consult with Town staff in the drafting of a policy.
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to have Town Manager Lunt pursue the Local 340 request of a sidebar to the current Public Works contract for a time pool. The vote was unanimous in favor, 5-0.
K. Such other business as may be legally conducted
None presented.
IX. Treasurer’s Warrants
A. Approve & Sign Treasurer’s Warrant #137 in the amount of $259,806.46
B. Approve Signed Treasurer’s State Fee Warrant #’s 133 & 135 in the amount of $3,116.01 & $3,862.80, respectively
C. Approve Signed Treasurer’s Wage & Benefit Warrant #’s134 & 136 in the amount of $45,277.48 & $44,836.77, respectively
D. Acknowledge Treasurer’s School Board Payroll Warrant #24 in the amount of $136,565.30
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to approve and acknowledge Treasurer’s Warrants A – D totaling $493,464.82. The vote was unanimous in favor, 5-0.
X. Executive Session
A. Pursuant to 1 MRSA §405.6.A., Personnel Compensation
MOTION: At 7:27 p.m., Selectman Mooers moved, seconded by Selectman Macauley, to enter into Executive Session. The vote was unanimous in favor, 5-0.
MOTION: At 7:41 p.m., Selectman Mooers moved, seconded by Selectman Macauley, to end the Executive Session. The vote was unanimous in favor, 5-0.
Chairman Richardson announced the Board is back in regular session. He described the issue of billing rates for the Police Department’s Outside Detail as Category 1, which includes traffic control, and Category 2, which includes personal security.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to set per diem rates for the Police Department’s Outside Detail Category 1 at $75 per hour and Category 2 at $100 per hour.
DISCUSSION: Selectman Shubert suggested the rate is high for non-profits. Police Chief Willis said the cost has never been an issue. He also reminded the Board the Outside Detail has always assumed a minimum time of three hours. Board agreed to continue that practice.
VOTE: The vote was unanimous in favor, 5-0.
XI. Adjournment
MOTION: At 7:45 p.m., Selectman Mooers moved, seconded by Selectman Dudman, to adjourn the meeting. The vote was unanimous in favor, 5-0.
Respectfully submitted,
John B. Macauley
Secretary
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