Town of Mount Desert
Board of Selectmen
Meeting Minutes
October 21, 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, Public Works Director Tony Smith, Police Chief Jim Willis, Police Officer Leigh Guildford, Assessor Kyle Avila, Deputy Harbormaster John Lemoine, and Town Clerk/Recording Secretary Joelle Nolan; and members of the public.
I. Call to order at 6:00 p.m.
II. Executive Session 6:00 p.m.
A. Pursuant to 1 MRSA§405(6)(C) Acquisition of Real Property
MOTION: At 6:00 p.m., Selectman Shubert moved, seconded by Selectman Macauley, to enter into Executive Session Pursuant to 1 MRSA§405(6)(C) to discuss the acquisition of Real Property. The vote was unanimous in favor, 5-0.
MOTION: At 6:26 p.m., Selectman Shubert moved, seconded by Selectman Macauley, to exit Executive Session. The vote was unanimous in favor, 5-0.
III. Public Hearing(s)
A. None
IV. Minutes
A. Approval of minutes from September 16, 2013 meeting
MOTION: Selectman Dudman moved, seconded by Selectman Macauley, to approve the minutes from September 16, 2013 meeting. The vote was in favor, 4-0-1 with Selectman Shubert abstaining due to his absence from the meeting.
B. Approval of minutes from October 7, 2013 meeting
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to approve the minutes from October 7, 2013 meeting. The vote was in favor, 4-0-1 with Selectman Shubert abstaining due to his absence from the meeting.
IX. New Business
F. Such other business as may be legally conducted
MOTION: Selectman Mooers moved, seconded by Selectman Macauley to move forward with an appraisal of the property in question from the Executive Session. The vote was unanimous in favor, 5-0.
V. Appointments & Recognitions
A. Confirm Appointment of Leigh Guildford as Police Sergeant, effective October 21, 2013
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to confirm the nomination of Leigh Guildford as Police Sergeant, effective October 21, 2013. The vote was unanimous in favor, 5-0.
B. Confirm Nomination of John Lemoine as Harbormaster, effective October 21, 2013, at an annual salary of $53,100
MOTION: Selectman Macauley moved, seconded by Selectman Dudman, to confirm the nomination of John Lemoine as Harbormaster, effective October 21, 2013, at an annual salary of $53,100. The vote was unanimous in favor, 5-0.
C. Confirm Appointment of Gabriel Lunt as part-time Dock Hand, effective October 21, 2013, at an hourly rate of $12
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to confirm the appointment of Gabriel Lunt as part-time Dock Hand, effective October 21, 2013, at an hourly rate of $12. The vote was unanimous in favor, 5-0.
D. Approve Appointment of Joelle D. Nolan as Warden for the November 5, 2013 State Referendum Election
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to approve the appointment of Joelle D. Nolan as Warden for the November 5, 2013 State Referendum Election. The vote was unanimous in favor, 5-0.
E. Appoint the following to the Sustainability Committee, effective October 21, 2013: Rod Crafts, Sydney Roberts Rockefeller, and Warren C. Smith
Town Manager Lunt asked to add Gordon Beck and Philip Lichtenstein as committee members.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to appoint the following to the Sustainability Committee, effective October 21, 2013: Rod Crafts, Sydney Roberts Rockefeller, Warren C. Smith, Gordon Beck and Philip Lichtenstein. The vote was unanimous in favor, 5-0.
F. Re-Appoint Tony Smith as the Town of Mount Desert’s Director for the Acadia Disposal District for a three year term
MOTION: Selectman Macauley moved, seconded by Selectman Mooers, to re-appoint Tony Smith as the Town of Mount Desert’s Director for the Acadia Disposal District for a three year term effective October 21, 2013. The vote was unanimous in favor, 5-0.
G. Set Town Manager Annual Compensation at $79,902 based on Annual Evaluation and Longevity, retroactive to August 2, 2013
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to Set Town Manager Annual Compensation at $79,902 based on Annual Evaluation and Longevity, retroactive to August 2, 2013. The vote was unanimous in favor, 5-0.
VI. 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, Public Works, Wastewater Treatment Plants, Police
B. Rental Mooring Income 2013 Season
C. Marine Management Committee Meeting Minutes October 8, 2013
D. Hancock County Commissioners Minutes September 20, 2013, regarding Regional Communications Center Discussion of Actual Costs of the RCC on County Tax Rolls
E. Maine Forest Service Winter Moth Pheromone Survey
F. ME DOT Notification of certain Overlay Scheduled for Spring/Summer 2014
Selectman Mooers asked to discuss item D. He suggested that, as Chairman of the League of Towns, Town Manager Lunt provide a brief assessment of the LOT Elected Officials workshop held last week with regard to the issue of making the PSAP and RCC part of the tax rolls as opposed to a contractual basis. Town Manager Lunt explained that at that meeting the LOT voted to express its opposition, to the Hancock County Commissioners, to put the PSAP and RCC on the county tax rolls. However, it appears the issue is moot since our County Representative, Commissioner Blasi, has changed his vote and is now against the proposal. Chairman Richardson said it is his understanding that they were going to assess the total cost of the RCC program to all county taxpayers, and charge those who
want to contract the services the additional fees that they have set up. There does not appear to be much justification. Selectman Shubert asked to go on record that he opposes local dispatch; it is a waste of taxpayers’ money. He stated there are entire countries that use one entering point; they do very well with highly trained people and excellent GIS data. Selectman Macauley thinks it is a great argument and one that will be ongoing, but currently they admitted themselves they don’t have the capacity to take on more than one big customer. Selectman Dudman asked for Town Manager Lunt’s opinion. He said our community would not save a great deal of money by joining because at least three dispatcher positions would be transitioned to something else. For example, currently we need someone in dispatch in the evening because there is only one police officer on duty and he is often not there, leaving the town office building
vacant. Secondly, our dispatchers do clerical work for the police department, issue fire permits, provide information, and rent the parking spaces. They also dispatch for public works. Even if those items were shifted, we might save a couple of positions, tops. He believes it is not in our best interests to do so now. Selectman Dudman also asked for Police Chief Willis’s point of view. Chief Willis noted that he has written a lengthy paper on the subject for the former Public Protection Committee in which he did not take a position. He challenged people to think about making sure the service is competent. It is a big decision that requires a good hard look at the many choices to be made and what services you are willing to give up.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to accept the Consent Agenda as presented. The vote was unanimous in favor, 5-0.
VII. Selectmen’s Reports
Selectman Shubert would be pleased to serve as Board liaison to the Sustainability Committee.
MOTION: Selectman Mooers moved, seconded by Selectman Shubert, to appoint Selectman Shubert to the Sustainability Committee as Board liaison. The vote was unanimous in favor, 5-0.
VIII. Old Business
A. Approve Documents to Allow for Tax Deductible Contributions to Phase 2 of the Wayfinding Sign Project
Resolution
Resolved: that in order to improve the business climate in the Town and to provide for economic development and the broadening of the Town’s tax base, the Town agrees to accept and hereby accepts any unconditional contributions made with the expectation that the funds will be used to supplement the appropriation relating to wayfinding signs approved in Article 41 of the Town Meeting held on May 7, 2013, provided, however, that the Town shall be under no obligation to use the funds to acquire signage for any particular business.
MOTION: Selectman Dudman moved, seconded by Selectman Macauley, to adopt the Resolution as presented and approve the documents as presented to allow for tax deductible contributions to Phase 2 of the Wayfinding Sign Project. The vote was unanimous in favor, 5-0.
B. LUZO Advisory Group Consultant Noel Musson, Discussion on Areas of review for 2014 Annual Town Meeting
Mr. Musson presented the Board with a printed summary of LUZO Amendment Topics. The first topic on the list is signage. He is in communication with Economic Development Consultant Jackie Hewett regarding signs; however, they each have their own plan and process. He will be working with the Code Enforcement Officer and Town Clerk regarding the timing of a Special Town Meeting, as an option.
The main question is strategy. Since there are about twenty items on the list, there are a couple of ways to present the proposed changes. There is the potential for up to twenty separate warrant articles, or a single repeal and replace option. He leans toward the repeal/replace option because it allows opportunity for more tweaking; however, it might be more than we can present for the 2014 Annual Town Meeting. He suggested 20 warrant articles might be overwhelming for the public. The current ordinance has good structure and he would want to keep the simplicity. Although he has not yet talked with Town Attorney James Collier, he has Attorney Collier’s list and has included them in his topics, such as Section 6A.9 and 6A.10.
Selectman Shubert suggested it would be a better product if one person wrote the entire proposal and the Group then reviewed. Mr. Musson said he will be taking a more direct and proactive approach with this project. Selectman Shubert wondered if we should we be able to see when changes have been made in order know something is conforming as of the change date? Mr. Musson said some ordinance contain an effective date of the change; other towns do describe the effective/adopted date of changes within the ordinance. He uses the effective date of the ordinance as a starting date to research the changes. This project, relative to tracking dates, depends on how comprehensive the changes are. Selectman Mooers suggested repeal and replace would settle this.
Chairman Richardson said this town has been known to vote down encompassing articles over a single item. He is not adverse to multiple articles, especially if a total re-do may not make Annual Town Meeting 2014. Mr. Musson agreed that it is too early to determine how best to present the proposed changes; although he plans to move forward with a more direct route, he will enlist the Group and citizenry for input. The LUZO Advisory Group is meeting November 5. Chairman Richardson suggested it is important to tie in with economic development and Board agreed; however, with a business focus (not housing). Mr. Musson also agreed and will be working with Jackie Hewett.
IX. New Business, continued
A. Easement Agreement & Deed between Mount Desert Island Historical Society and the Town of Mount Desert, as approved at Annual Town Meeting May 7, 2013
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to approve and sign the Easement Agreement & Deed between Mount Desert Island Historical Society and the Town of Mount Desert, as approved at Annual Town Meeting May 7, 2013. The vote was unanimous in favor, 5-0.
B. Municipal Release Deed for Tax Map 24 Lot 130
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to approve and sign the Municipal Release Deed for Tax Map 24 Lot 130 to release all interest in the property. The vote was unanimous in favor, 5-0.
C. Municipal Release Deed for Tax Map 32 Lot 006
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to approve and sign the Municipal Release Deed for Tax Map 32 Lot 006 to release all interest in the property. The vote was unanimous in favor, 5-0.
D. Police Department Records Management Software Purchase
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to authorize the Police Chief to sign the Quote and Purchase Addendum from Spillman Technologies dated September 30, 2013.
DISCUSSION: Selectman Shubert made the point that we are talking about purchasing $1,000 worth of software for $27,000; the additional expense for Spillman to provide this product seems unreasonable. Police Chief Willis said the current request is sixty thousand dollars less than for us to run it as a stand-alone. This is as good as he can get. Selectman Shubert insisted this is not a complex system and is overpriced. Police Chief Willis argued that it is a sophisticated piece of law enforcement records management system that is up and running. It brings us in to the same computer system as most of Hancock County.
VOTE: The vote was unanimous in favor, 5-0.
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to authorize the Police Chief to sign the Memorandum of Understanding with the Hancock County Sheriff for the purpose of providing server access, data storage and technical support for the Spillman Law Enforcements Records System at the Hancock County Sheriff’s Office. The vote was unanimous in favor, 5-0.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to authorize the release and expenditure of $10,000 from Police Equipment Reserve Account #24-104-05 (TRIO)/400-244-05 (MUNIS). The vote was unanimous in favor, 5-0.
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to authorize the release and expenditure of $5,000 from Communications Equipment Reserve Account #24-104-06 (TRIO)/400-244-06 (MUNIS). The vote was unanimous in favor, 5-0.
E. Police Department Bulletproof Vest Grant Funds
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to accept and authorize expenditure of $667.87 in grant funds for Police Department Bulletproof Vests. The vote was unanimous in favor, 5-0.
F. Such other business as may be legally conducted, continued
1. There most likely will be a need for a Special Town Meeting for proposed changes to the LUZO to allow for certain signage. We would like to erect new signs by Memorial Day [from the economic development and wayfinding project]. At this time, there are no other issues. Town Manager Lunt and Town Clerk Nolan will work with Jackie Hewett to develop a time-line for a potential meeting in January or February.
X. Treasurer’s Warrants
A. Approve & Sign Treasurer’s Warrants #AP1422 & #16C in the amount of $1,272,818.97 and $(1,490.31), respectively
B. Approve Signed Treasurer’s Payroll Warrants #16, 17, 18 in the amount of $45,026.19, $43,249.88, and $1,974.44, respectively
C. Approve Signed Treasurer’s State Fee Warrant #AP1420 in the amount of $3,168.00
D. Approve Signed Treasurer’s State Fee & Payroll Warrant # AP1421 in the amount of $14,322.43
E. Acknowledge Treasurer’s School Board AP & Payroll Warrants #4A & 8 in the amount of $353,828.93 and $65,179.02, respectively
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to approve and acknowledge Treasurer’s Warrants A – E totaling $1,798,077.55. The vote was unanimous in favor, 5-0.
XI. Adjournment
MOTION: At 7: 34 p.m., Selectman Mooers moved, seconded by Selectman Macauley, to adjourn the meeting. The vote was unanimous in favor, 5-0.
Respectfully submitted,
John B. Macauley
Secretary
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