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Selectmen Meeting Minutes - 02/06/12
Town of Mount Desert
Board of Selectmen
Regular Meeting Minutes
February 6, 2012


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 John Macauley, Rick Mooers, and Dennis Shubert; staff members Town Manager Durlin Lunt, Public Works Director Tony Smith, Harbormaster Shawn Murphy, and Town Clerk/Recording Secretary Joelle Nolan; and members of the public.  Selectman Dudman 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
A.      Approval of minutes from January 17, 2012 meeting

MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to approve the minutes from January 17, 2012 as presented.  The vote was unanimous in favor, 4-0.

B.      Approval of minutes from January 30, 2012 meeting

MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to approve the minutes from January 30, 2012 as presented.  The vote was unanimous in favor, 4-0.

IV      Appointments & Recognitions
A.      Appoint Corey Frost as Refuse Driver/Laborer, effective February 7, 2012, at a payrate of $15.37/hr, increasing to $16.18/hr upon completion of 6 month probationary period

MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to appoint Corey Frost as Refuse Driver/Laborer, effective February 7, 2012, at a payrate of $15.37/hr, increasing to $16.18/hr upon completion of 6 month probationary period.  The vote was unanimous in favor 4-0.

B.      Appoint Douglas E. Stover as Deputy Code Enforcement Officer, Deputy Licensed Plumbing Inspector, & Deputy Building Inspector

MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to appoint Douglas E. Stover as Deputy Code Enforcement Officer, Deputy Licensed Plumbing Inspector, & Deputy Building Inspector.  The vote was unanimous in favor, 4-0.

Selectman Shubert asked if he would be paid per diem and Town Manager Lunt replied yes.

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 Head Reports: Fire Chief, CEO, Assessor
B.      Marina Surplus Update
C.      Northeast Harbor Marina Project Update from CES, Inc.
D.      Thank you letter to Mooring Agents
E.      Hancock County Planning Commission Notice of Informational Meeting on Well & Septic Replacement Grant Program
F.      Municipal Review Committee FY 12/13 PERC Tipping Fees, Cash Distributions & Dues Assessments
G.      General Assistance Statutes, acknowledgement of compliance

MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to acknowledge receipt of Consent Agenda items A. – G. as presented.  The vote was unanimous in favor, 4-0.

VI      Selectmen’s Reports
None presented.

VII     Old Business
A.      Somesville Proposed Turn Lane
Public Works Director Smith reported that although the Town of Tremont is willing to take the issue to town meeting, Southwest Harbor is not interested.  Town Manager Lunt said he will broach the subject at the next League of Towns meeting the end of February.  

Selectman Shubert wondered if there was any interest in finding out what our residents think; Public Works Director Smith suggested a straw poll at town meeting.   Ted Bromage, a Somesville resident, stated it is important to improve that intersection.  He is certain that side of town would be in agreement.  Chairman Richardson asked Public Works Director Smith about the process to proceed -  Does the issue need to go to town meeting?  Public Works Director Smith suggested it depends on where the money comes from, i.e. surplus.  Selectman Mooers commented this is a good collaborative project; it’s unfortunate other towns are not able to participate.  Public Works Director Smith said he will contact the State for the application status.  Selectman Shubert thought a traffic survey regarding impact would be beneficial.  Public Works Director Smith will ask DOT if a traffic count has been done.

B.      Northeast Harbor Marina Dumpster Relocation
Town Manager Lunt reported there have been only a few calls, most were pertaining to where trash could be taken, and he told them they could use the dumpster at the Town Garage.

Selectman Shubert asked Harbormaster Murphy if there is a problem transporting oil from the Marina to the Town Garage and Harbormaster Murphy replied that has always been an issue.  Most oil left at the Marina for the Town to pick-up is contaminated and can’t be used [burned at the Town Garage].  It would be better to have individuals take their own oil to the Town Garage.  Oil jugs have been found in the dumpsters; improper containers have been left in inappropriate places, including Seal Harbor dock.  He said he is willing to coordinate with Public Works to have the oil taken to the Town Garage.  Selectman Shubert suggested that would encourage the improper behavior.  Perhaps the issue could be solved with enforcement, such as the use of video cameras.  

C.      Revitalization Committee Recommendation
Town Manager Lunt referred to the January 31, 2012 e-mail from Hamilton Clark, Revitalization Committee member, in which he re-affirmed the Committee’s recommendation that the Town add municipal capacity to assist with planning.  Town Manager Lunt has told the RC that he doesn’t see a position in the near future; however, he does see the function in the form of a (per diem) part-time planner through the Planning Board.

VIII    New Business
A.      Request from Planning Board for assistance from CES, Inc in drafting Scenic Vista Ordinance
Chairman Richardson asked why CES was asked to do this, and Town Manager Lunt explained they have the ability and experience.  Selectman Shubert would like to see examples of ordinances CES has written.  He also questions the wisdom of giving an upper dollar limit – it could encourage spending.  Town Manager Lunt suggested having a representative from the Planning Board attend a future meeting to further explain.  He’ll ask someone to attend the February 21st meeting.

MOTION: Selectman Shubert moved, seconded by Selectman Mooers, to authorize expenditure of up to $20,000 from account Committee/Board Expenses E 102-15-503-96 for Planning Board Services to allow Noel Musson of CES, Inc. to assist in drafting a Scenic Vista Ordinance.  The motion failed with a unanimous vote of 0-4.

B.      Northeast Harbor Wastewater Treatment Plant Clarifier, request for spare parts expenditure
Public Works Director Smith referenced his memo dated January 24, 2012 and recounted his concerns about equipment failure.  

MOTION: Selectman Shubert moved, seconded by Selectman Mooers, to authorize expenditure of the quoted price of $36,000 from account Wastewater Capital Improvement account G 20-24105-01to Siemen’s Industries, Inc. for clarifier spare equipment.  The vote was unanimous in favor, 4-0.

C.      Bartlett Landing Light Pole proposal

MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to authorize the expenditure of up to and not to exceed $4,618 from the Bartlett Harbor Dock Reserve Account G 20-24120-70 for a light pole for the pier at Bartlett Landing.

DISCUSSION:  Selectman Shubert queried if having only one bid is routine.  Town Manager Lunt referred to the Board approved Purchasing Policy in which purchases under $5,000 do not require formal competitive bidding.
Selectman Shubert noted the dock light in Seal Harbor is blinding.  Harbormaster Murphy said it can be adjusted to a down-light style; he’ll follow-up.

Selectman Mooers asked to be recused because he is related to the contractor doing the job.  Board agreed.

VOTE:  The vote was in favor, 3-0, with Selectman Mooers abstaining.

D.      Seasonal Mooring Rental Rates

MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to approve the recommendation by the Marine Management Committee to increase the seasonal mooring rental rates by $50 for each series.  The vote was unanimous in favor, 4-0.

E.      Hancock County Planning Commission: Blue Hill Bay Watershed Needs Assessment, request for representative
Town Manager Lunt volunteered to be the Town’s representative if the Board wishes.  He’ll follow-up with HCPC.

MOTION:  Selectman Shubert moved, seconded by Selectman Mooers, to appoint Town Manager Lunt as the Town’s representative to the Hancock County Planning Commission’s Blue Hill Bay Watershed Needs Assessment.  The vote was unanimous in favor, 4-0.

MOTION:  Selectman Shubert moved, seconded by Selectman Mooers, to take agenda item X. Treasurer’s Warrants out of order.  The vote was unanimous in favor, 4-0.

X.      Treasurer’s Warrants

A.      Approve Treasurer’s Warrant #97 in the amount of $1,186,081.46

MOTION:  Selectman Mooers moved, seconded by Selectman Macauley, to approve Treasurer’s Warrant #97 in the amount of $1,186,081.46.  The vote was unanimous in favor, 4-0.

F.      Public Works Budget
Public Works Director Smith referred to his memo dated February 1, 2012 and his reformatted draft budget worksheets which contained his comments and which displayed a percent change.

He is requesting warrant articles for the May 2012 Annual Town Meeting for design and building engineering services for the Public Works Highway Garage ($89,600) and the upgrade to the Northeast Harbor Wastewater Treatment Plant ($205,000).   Both design fees have been vetted with respective engineers; his recommendations are in conformance with the Purchasing Policy.

Regarding Public Works Director Smith’s statement that cost savings include “giving little consideration to an onsite sludge dewatering system” , Selectman Shubert asked if we are sending more sewage to the Northeast Harbor plant than in the past, and the answer was no.  He also wondered if we can restore the clarifier that we have abandoned and have we looked at other options.  Public Works Director Smith explained the other clarifier is not useful and cannot be brought up to speed.  It is not cost effective or practical; the design is obsolete.  Selectman Shubert asked if we didn’t need a back-up clarifier, would this be necessary.  Public Works Director Smith replied yes, we have to take care of sludge.  Public Works Director Smith also said, in his opinion, in the future towns will have to collect and treat storm water.  Selectman Shubert asked what do we have to do to the plant?  Public Works Director Smith reiterated the need for a second clarifier, not just for back up.  Chairman Richardson sees two different issues: spare parts and reconstruction of part of the plant.  He understands the need for a backup clarifier.

MOTION:  Selectman Shubert moved, seconded by Selectman Macauley, to approve adding an article to the May 7 & 8, 2012 Annual Town Meeting Warrant to raise $89,600 associated with design and bidding services for a new municipal public works garage.  The vote was unanimous in favor, 4-0.

MOTION:  Selectman Mooers moved, seconded by Selectman Macauley, to approve adding an article to the May 7 & 8, 2012 Annual Town Meeting Warrant to raise $205,000 associated with design and bidding services for the Northeast Harbor Wastewater Treatment Plant upgrade.

DISCUSSION:  Selectman Shubert said he would like to look at the engineering report with Public Works Director Smith, and maybe have a consultation with the engineer to see if the digester is needed.  Selectman Mooers agreed the Board needs to have a clear idea what is being put forth to the voters.  It’s a good idea to have more information.  Public Works Director Smith thought Bill Olver would be willing to give a presentation.  Selectman Shubert suggested an independent opinion.

VOTE:  The vote was in favor, 3-1, with Selectman Shubert voting against.

A review of the proposed budget brought forth the following comments:
Roads 105-01
502 benefits are up, has there been a change in personnel? Yes
503-10 Salt and sand are down due to stock piling
505-36 & 37 loader and backhoe leases are up this year
Sewer Capital 105-04
Will be purchasing/upgrading alarm systems
105-05 Sewer, no questions on salaries or benefits or supplies,
Selectman Mooers asked why 509-05 internet activity fees is zero and Town Manager Lunt explained that cost now comes out of Municipal Management.
105-06 NEH Plant
503-16 declorination increase is incorrect; should be $6,500
105-07 Somesville
505-40 repairs are up
105-08 Seal Harbor
503-15 & 16 sludge costs up
105-09 Otter Creek flat lined
Warrant Committee member Katrina Carter commented that phone costs are down
105-15 Waste Management
501 and 502 salaries/benefits
Warrant Committee member Micky Shattow asked about the increase in Maine PERS and Town Manager Lunt explained it’s a combination of new employee(s) joining and current employee(s) changing from the 401k program to Maine PERS.
503 supplies, increase is in oil
505-50 & 51 tipping fees are down because trash volume is down to 1800 tons; also, recycling is helping even though transportation costs are still an issue.  We have a better deal with the Ellsworth program.
509-81 although a new packer truck purchase was scheduled this year, the body will be replaced instead.
105-20 Buildings and Grounds
502-20 increase in benefits is due to health insurance premiums went from single to family
506-05 Other Insurance is volunteer insurance
105-25 Parks/Cemeteries, flat

Town Manager Lunt commented that the budget has not grown exponentially, but addresses some of the reserves.

The financing of the town office building addition, at an estimated cost of $600,000, was discussed.  The pros and cons of short term or longer, through bonding, were considered.  

G.      Such other business as may be legally conducted
None presented.

IX      Committee Meeting Reports
A.      Warrant Committee January 24, 2012
Board acknowledged receipt.

XI      Executive Session
A.      None

XII     Adjournment

MOTION:  At 8:08 p.m., Selectman Macauley moved, seconded by Selectman Mooers, to adjourn.  The vote was unanimous in favor, 4-0.

Respectfully submitted,



John Macauley
Secretary