Town of Mount Desert
Board of Selectmen
Meeting Minutes
October 7, 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, and Rick Mooers; staff members Town Manager Durlin Lunt, Treasurer Kathi Mahar, Public Works Director Tony Smith, Police Chief Jim Willis, Fire Chief Mike Bender, Assessor Kyle Avila, and Town Clerk/Recording Secretary Joelle Nolan; and members of the public. Selectman Shubert was excused.
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
IV. Appointments & Recognitions
A. Maine Municipal Association Municipal Report Competition Superior Award
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to acknowledge with thanks Jennifer McWain’s, and all participating staff’s, contributions to the Annual Report. The vote was in favor, 4-0.
B. Confirm Appointment of Kevin Stradley as Highway Division MEO I with a Probationary Base Rate Pay of $17.10, Effective October 8, 2013.
MOTION: Selectman Macauley moved, seconded by Selectman Dudman, to confirm the appointment of Kevin Stradley as Highway Division MEO I with a Probationary Base Rate Pay of $17.10, effective October 8, 2013.
DISCUSSION: Selectman Mooers asked about the hiring process; was an established procedure followed. Public Works Director Smith replied yes, and explained that in-house postings were done in conjunction with outside advertising. A team of three people, including himself, Public Works Superintendent Ben Jacobs and Wastewater Superintendent Terry Savage, interviewed the 3 applicants. The decision was unanimous. Selectman Mooers asked if the in-house posting was done first and Public Works Director Smith said they were run simultaneously.
VOTE: 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. Memo from Fire Chief Bender Regarding Driveway Access for Emergency Vehicles
B. League of Town Agenda for October 16, 2013
C. Municipal Review Committee (MRC) Letter Discussing Legislation Impacting Future MSW Disposal
D. 2014 Hancock County Budget summary pages for the Budget Advisory Committee
Town Manager Lunt referred to item B and explained to the Board that this is the annual Elected Officials workshop. He encouraged Board members to attend as it is a worthy collaborative effort and it is good to have the Officials input to give the League direction.
Selectman Dudman referred to item A and asked if any more responses have been received. Fire Chief Bender said he has not received any comment. Information is already on the Fire Dept page of the Town’s website, and he has requested to have it added to the Home page. After a discussion of how best to “get the word out” and how to determine the location of non-conforming driveways and roads, Board directed Town Manger Lunt and Fire Chief Bender to devise a plan of action.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to accept the Consent Agenda as presented. The vote was in favor, 4-0.
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to take item VIII New Business B out of order. The vote was in favor, 4-0.
VIII. New Business
B. Economic Development update from Development Director Jackie Hewett and a discussion on charitable contributions to the town for development purposes
Ms. Hewett reported on her efforts to get to know the town and its residents. She sees the first of phase as signage, including the wayfinding project. Trying to find Main Street or to find anything from the harbor is difficult. She presented a package of material to the Board which included a spreadsheet outlining signs and design costs. A committee is working on a design concept; she is presenting more economic development type signs, such as an information kiosk. There is a need for a visual element from the Harbor up Sea St to Main St.
She said the goal is to raise money privately for the signs through business donations, grants, and possibly summer residents. There is a great deal of interest. The objective is to get the signs up by spring, along with the wayfinding signs. Contributions have to have a receptacle, a particular location. Since these will be municipal signs, she suggests the Town accepts the funds. The Town attorney has created a resolution, if approved by the Board, that would allow charitable contributions. Board members questioned whether accepting money is something the Board can do without Town Meeting. Ms. Hewett and Town Manager Lunt reiterated that the Town Attorney assured them it could.
Discussion turned to the need for ordinance changes; specifically areas concerning signage in the LUZO. Currently the Ordinance is too restrictive. Since Ordinance changes require Town Meeting vote, the time to prepare is now. Ms. Hewett stated she has had many positive responses from the community; however, she has refrained from approaching the Planning Board since she wanted to bring the information to the Board of Selectmen first.
Another area to address in the Ordinance has to do with sidewalk seating. There are businesses in Town that would benefit from having a few tables and chairs on the sidewalk for refreshments. It creates a lively, attractive environment.
She went on to describe the ad hoc event committee and how it is developing new events for the Town using the village green; however, it needs coordination and a budget allocation. The second part is a design committee that would initially be looking at doing street scape improvements to improve the look of downtown. This does not mean changing the buildings, but might mean putting utilities underground, which in turn might widen sidewalks. Grant money might be available; or a downtown TIF. Both need a plan first and would require municipal money – five to ten thousand dollars for design work.
Selectman Mooers said he likes the resolve and referred to Ms. Hewett as solutions driven. He did question what would happen if the bills are more than the donations. Ms. Hewett replied we would have to cut back. As designs are done we would have firm quotes in hand. If enough money isn’t donated, we would cut back on the number of signs.
Board members questioned the viability of the Board forming these committees and suggested it might best done through the businesses. Town Manager Lunt and Ms. Hewett assured the Board that many are interested and they are ready to move forward. Board thanked Ms. Hewett for her presentation.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to take item VIII New Business A out of order. The vote was in favor, 4-0.
VIII. New Business
A. Stanley Property Request 106 Kimball Lane, Northeast Harbor
Assessor Kyle Avila referred to Ms. Stanley’s letter in which she asks to either enter into a boundary line agreement with the Town or acquire a parcel from the Town to resolve a boundary line issue. The parcel is approximately 40 ft wide and 35 ft deep. Assessor Avila said if the Board wants to move forward, it would probably need an Executive Session to discuss the monetary value, then the issue would go to Town Meeting for a vote.
Board members agreed they would like a site visit; and Ms. Stanley was agreeable. Board members are to view on their own or contact Assessor Avila for guidance.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to table the Stanley Property Request pending a site review, and to have an Executive Session at 6:00 p.m., October 21, 2013. The vote was in favor, 4-0.
VI. Selectmen’s Reports
Selectman Macauley passed on a concern from an Otter Creek citizen as to what happens when the sewer pipe to Seal Harbor freezes. Is there a relief valve or some sort of contingency? Public Works Director Smith explained that by design the pipe is covered by several feet of insulation and the area of concern is covered with heat tape. In the event of a failure there are valves at the bridge.
Selectman Macauley asked where we are with the Otter Creek Landing, and Public Works Director Smith said he has met with CES, Inc. and is awaiting the final design.
Selectman Dudman asked about buses traveling on Sargeant Drive, and Police Chief Willis explained that the Town’s Traffic Ordinance prohibits buses and the road is posted for less than 10,000 lbs. Also, the infrastructure may not tolerate the added weight.
Town Manager Lunt introduced Matt Hart from the Chamber of Commerce who explained that with the Acadia National Park closure several buses and trolleys are bringing a substantial number of people through town. He requested that the buses and trolleys be allowed to park in the Little Gray Cow parking lot to give potential shoppers easier access to Main Street. Police Chief Willis said he and Public Works Director Smith could assist. Board was agreeable.
VII. Old Business
A. Legal Opinion- Northern Neck Road Culverts
It was determined that the property in question is not owned by the Town; therefore, the Town can no longer provide services. Town Manager Lunt is to write to the property owner and explain, using the Town attorney opinion as needed.
B. Discussion with LUZO consultant Noel Musson concerning areas of review for 2014 Annual Town Meeting
Town Manager Lunt explained that due to a family illness Mr. Musson was unable to attend tonight’s meeting.
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to postpone the discussion with LUZO consultant Noel Musson until the Board’s October 21, 2013 meeting. The vote was in favor, 4-0.
VIII. New Business, continued
C. Request from Treasurer the use of Finance Reserve Funds for the purchase of a commercial power shredder as outlined in the 2013-14 CIP.
MOTION: Selectman Macauley moved, seconded by Selectman Mooers, to authorize the Treasurer to purchase a commercial power shredder at a cost of $2,499.99 from Finance Reserve Account #20-4102-06. The vote was in favor, 4-0.
D. Seal Harbor Library Request to use Seal Harbor Village Green August 2, 2014
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to authorize the Seal Harbor Library to use the Seal Harbor Village Green on August 2, 2014 for is annual Fair, Boos Sale, and Silent Auction. The vote was in favor, 4-0.
E. Village Green Special Event Application from Mark Fink for August 2 & 3, 2014
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to approve the Village Green Special Event Application from Mark Fink for a Northeast Harbor Fest August 2 & 3, 2014. The vote was in favor, 4-0.
F. Request for Public Works Director Smith for the Purchase of a Street Line Machine using funds from the Public Works Equipment Reserve Account #40024500
MOTION: Selectman Macauley moved, seconded by Selectman Mooers, to authorize purchase of a Street Line Machine for $6,000 using funds from the Public Works Equipment Reserve Account #40024500. The vote was in favor, 4-0.
G. Request from Chief Bender to release Fire Pond Reserve Fund
MOTION: Selectman Macauley moved, seconded by Selectman Mooers, to authorize the release of $950 from Otter Creek Fire Pond Reserve Fund #1040350960 for the purpose of payment to Hedefine Engineering & Design Inc. for the preparation of sampling procedures and requirements. The vote was in favor, 4-0.
H. Such other business as may be legally conducted
None presented.
IX. Treasurer’s Warrants
A. Approve & Sign Treasurer’s Warrant # AP1419 in the amount of $215,123.79
B. Approve Signed Treasurer’s State Fee Warrant # AP1417, AP910 & AP1418 in the amount of $2586.72, $2620.35 and $5461.80 respectfully
C. Approve Signed Treasurer’s Wage & Benefit Warrant #13, #14 and #15 in the amount of $45,377.87, 46,340.33 and $47290.91 respectfully.
D. Acknowledge Treasurer’s School Board Payroll/AP Warrant ,#4 School Invoice and #7 School Payroll in the amount of $42097.98 and $135,040.91 respectfully.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to approve and acknowledge Treasurer’s Warrants A – D totaling $541,940.66. The vote was unanimous in favor, 4-0.
X. Executive Session
A. Pursuant to 1 M.R.S.A. §405.6.A, Discussion of Volunteer Firefighters Employment Status.
MOTION: At 7:50 p.m., Selectman Macauley moved, seconded by Selectman Mooers, to enter into Executive Session Pursuant to 1 M.R.S.A. §405.6.A, Discussion of Volunteer Firefighters Employment Status. The vote was in favor, 4-0.
MOTION: At 8.47 p.m., Selectman Mooers moved, seconded by Selectman Macauley, to exit the Executive Session. The vote was in favor, 4-0.
No action deemed necessary.
XI. Adjournment
MOTION: At 8:48 p.m., Selectman Mooers moved, seconded by Selectman Macauley, to adjourn the meeting. The vote was in favor, 4-0.
Respectfully submitted,
John B. Macauley
Secretary
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