Town of Mount Desert
Board of Selectmen
Meeting Minutes
August 5, 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, Rick Mooers, and Dennis Shubert; staff members Town Manager Durlin Lunt, Treasurer Kathi Mahar, Public Works Director Tony Smith, Harbormaster Shawn Murphy, 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 July 15, 2013 meeting.
MOTION: Selectman Dudman moved, seconded by Selectman Mooers, to approve the minutes from July 15, 2013 meeting as presented. The vote was unanimous in favor, 4-0.
IV. Appointments & Resignations
A. Confirm Appointment of Trevor Bull as Seasonal Dock Hand, Northeast Harbor Marina at a pay rate of $11/hr
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to confirm the appointment of Trevor Bull as Seasonal Dock Hand, Northeast Harbor Marina at a pay rate of $11/hr. The vote was unanimous in favor, 4-0.
B. Accept With Regret Resignation of Shawn Murphy as Harbormaster
MOTION: Selectman Dudman moved, seconded by Selectman Shubert, to accept with great regret the resignation of Shawn Murphy as Harbormaster effective August 18, 2013. The vote was unanimous 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: Fire Chief, Assessor
B. Thank You from Bar Harbor Food Pantry for Funding
C. Acadia Disposal District Memo regarding Final Report (see Town website for report)
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to accept Consent Agenda items A – C as presented.
DISCUSSION: Selectman Shubert asked to discuss items A & C. Referring to Fire Chief Bender’s Monthly Report for June 2013 dated July 30, 2013, he expressed concerns that “we” will construct a truck to suit the needs of non-conforming roads. He said he would hate to see us build a truck that wasn’t sufficient for the majority. Town Manager Lunt suggested postponing the discussion to a future meeting when the Fire Chief is present.
And referring to the ADD Memo, he noted the Final Report is not on the Town’s website. He asked Public Works Director Smith if the Town has a policy on reduction of waste and recycling, and is there a Solid Waste Committee. Public Works Director Smith said he is not aware of a Town policy regarding solid waste and recycling. And there was a Solid Waste/Recycling Committee for many years. However, it was disbanded a few years ago with the idea of forming a Conservation Committee. Selectman Shubert asked if the Board is interested and willing to address these issues. Board agreed that unless there is a mandate, very little is done on a voluntary level. However, Selectman Shubert was encouraged to research and bring information to the Board.
VOTE: The vote was unanimous in favor, 4-0.
VI. Selectmen’s Reports
VII. Old Business
A. Consideration of Recommended Change in FY-14 Paving Contractor (tabled from July 15, 2013)
Selectman Mooers said the legal opinion received satisfies him that it is legal for the Board to make the recommended change. Selectman Shubert said his concern is for what is best for the town.
MOTION: Selectman Mooers moved, seconded by Chairman Richardson, to withdraw the FY 14 Paving Contract award to Wellman Paving.
DISCUSSION: Selectman Dudman asked what the recourse is if there is no bond and the work is not satisfactory. Public Works Director Smith said court action would be necessary. Selectman Shubert said his interest is to foster competition.
VOTE: The vote was in favor, 3-1 with Selectman Shubert voting against.
MOTION: Selectman Dudman moved, seconded by Selectman Shubert, to award the FY 14 Paving Contract bid to Lane and authorize Public Works Director to sign the contract. The vote was in favor, 4-0.
VIII. New Business
A. James and Andrew Allen/Sea Princess Cruises Request for Access to Northeast Harbor Marina Commercial Float Security Camera
James Allen, Sea Princess Cruises, was present and said his issue was with lack of visibility for the ticket sellers from the new Visitor Center. By not being able to see which side of the dock the incoming boat is using, ticket holders cannot be directed to the correct area, thereby causing congestion on the already crowded dock.
Chairman Richardson read a communication from Police Chief Willis, who was unable to attend the meeting, expressing his concerns about opening up a security system to individuals and how to maintain control. It was suggested that the Police Chief and Harbormaster evaluate this new system prior to making any decisions. Harbormaster Murphy thought if the camera was focused on the commercial dock, other areas that needed surveillance would be neglected. He said he has suggested that the Allen’s purchase a simple wireless system of their own.
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to grant access to the Town’s security camera to Sea Princess Cruises for the remainder of the summer.
DISCUSSION: Selectman Shubert said although he is in favor security cameras to enforce laws and codes, we need to be careful how the images are saved and used; and should only be accessed by our own security people. For that reason he would oppose the motion.
Town Manager Lunt recommends more research; we need more feedback from the Police Chief and Harbormaster. Chairman Richardson suggested there also be a recommendation from the Marine Management Committee.
VOTE: The vote was 0-4, and the motion failed.
B. Request for Placement of a Returnable Bottle Box at Northeast Harbor Marina to Benefit Mount Desert Island High School Students’ Class Trip
No one was present to represent the request or answer questions. Harbormaster Murphy said it is an awesome idea; however, it would need to be carefully policed. Public Works Director Smith agreed there is potential for a mess.
MOTION: Selectman Dudman moved, seconded by Selectman Shubert, to allow placement of a returnable bottle box at the Northeast Harbor Marina.
DISCUSSION: Selectman Mooers said he is concerned about the implication of in-perpetuity by having the responsibility for the box passed on from one group to another. Chairman Richardson said there are too many questions to allow this. Selectman Shubert said although it is a good source of funds, we need more reassurance that it will be taken care of.
VOTE: The vote was 0-4, and the motion failed.
C. Northeast Harbor Marina Electrical Repairs, Authorize Expenditure from Marina Reserve
MOTION: Selectman Shubert moved, seconded by Selectman Mooers, to authorize expenditure of $13,593.75 from Marina Reserve Account #G20-24120-82 for electrical repairs to the Northeast Harbor Marina south dock. The vote was unanimous in favor, 4-0.
D. Northeast Harbor Marina Small Harbors Grant Payment, Authorize Expenditure from Marina Reserve
MOTION: Selectman Shubert moved, seconded by , to authorize the transfer of $20,763.93 from Marina Reserve Account #G20-24120-82 to Account #G10-11321-06 for the town of Mount Desert portion of the Small Harbors Grant (floats) payment. The vote was unanimous in favor, 4-0.
E. Carryovers from FY 2012 – 2013 to FY 2013 – 2014, authorization
MOTION: Selectman Shubert moved, seconded by Selectman Mooers, to authorize a carryover amount of $340,891.32 from FY 2012 – 2013 to FY 2013 – 2014.
VOTE: The vote was unanimous in favor, 4-0.
F. Maine Municipal Association Annual Elections
MOTION: Selectman Mooers moved, seconded by Selectman Dudman to designate Town Manager Lunt to cast the ballot . The vote was unanimous in favor, 4-0.
G. Such other business as may be legally conducted
IX. Treasurer’s Warrants
A. Approve & Sign Treasurer’s Warrant #AP1405 in the amount of $557,429.97
B. Approve Signed Treasurer’s State Fee Warrants #AP1402 & AP1403 in the amount of $3,387.05 & $2,867.00, respectively
C. Approve Signed Treasurer’s Wage & Benefit Warrant #3, 4, & 5 in the amount of $53,925.59, $52,914.40, & $53,177.71, respectively
D. Approve Signed Treasurer’s State Fee & Wage & Benefit Warrant AP1404 in the amount of $10,399.24
E. Acknowledge Treasurer’s School Board Payroll/AP Warrant #1, 2, & 3 in the amount of $17,307.24, $115,026.77, and $67,456.90, respectively
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to approve and acknowledge Treasurer’s Warrants A – E totaling $933,891.87. The vote was unanimous in favor, 4-0.
X. Executive Session
A. Pursuant to 1 MRSA §405(6)A to discuss an employee’s continued unpaid leave
MOTION: At 7:18 p.m., Selectman Mooers moved, seconded by Selectman Dudman, to enter into Executive Session Pursuant to 1 MRSA §405(6)A to discuss an employee’s continued unpaid leave. The vote was unanimous in favor, 4-0.
MOTION: At 7:30 p.m., Selectman Mooers moved, seconded by Selectman Dudman, to close the Executive Session. The vote was unanimous in favor, 4-0.
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to grant 90 days of unpaid leave to Leon Peasely and authorize Public Works Director Smith to hire a temporary mechanic for this period. The vote was unanimous in favor, 4-0.
XI. Adjournment
MOTION: At 7:33 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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