Town of Mount Desert
Board of Selectmen
Meeting Minutes April 2, 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 Martha Dudman, John Macauley, Rick Mooers, and Dennis Shubert; staff members Town Manager Durlin Lunt, Public Works Director Tony Smith, Police Chief Jim Willis, Fire Chief Mike Bender, Harbormaster Shawn Murphy, Code Enforcement Officer Kim Keene, Treasurer John Graves, Kathi Mahar, and 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 6:32 p.m.
James W Wadman CPA, 2010-2011 Post Audit Review
Mr. Wadman and Kellie Bowden were present. Mr. Wadman reviewed the audit report and referred to his Findings and Corrective Action Plan. The Opinion Letter is an “Unqualified” Opinion with a clean opinion and no exceptions. The Financial Statements that follow are a fair representation. For the Fund Highlights and peer comparisons he used the Towns of Bar Harbor and Hampden; these show we are in good financial shape. The Government-Wide Financial Statements contain all funds of the Town and the financial position in total for the year.
The Management Letter does identify significant deficiencies and material weaknesses; the gist of which comes down to reconciliation processes. For example, capital funds resulted in many audit adjustments and delays; and include accounting and physical transfer of funds. Overall, the findings are in line with the past five years.
Jean Bonville expressed concerns that the upcoming Annual Town Meeting Warrant asks for the expenditure of $960,000 from a surplus of $2.28 million; this coupled with the current year and following year of $300,000 each from surplus to reduce taxes, leaves $650,000 in surplus. She questions that this enough. Mr. Wadman said $650,000 is still a healthy surplus, although it might affect cash flow resulting in the need for a TAN. Chairman Richardson disagreed with Mrs. Bonville’s assessment; he finds it hard to believe that the Town will not have any money to add to surplus the next two years. Mr. Wadman agreed.
Board thanked Mr. Wadman and Mrs. Bowden for their efforts and the report.
II Public Hearing
A. New Liquor License Application Giant Slide Food Co d/b/a Watermark Restaurant & Lounge
Chairman Richardson opened the public hearing at 7:04 p.m. and asked for public comment. Anne Funderburk asked the location of the restaurant. Joelle Nolan, representing the applicant, stated it will be in the prior Main Sail Restaurant location, next to the Kimball Terrace Inn. There being no other public comment, Chairman Richardson closed the public hearing at 7:06 p.m.
III Minutes
A. Approval of minutes from March 12, 2012 meeting.
MOTION: Selectman Macauley moved, seconded by Selectman Shubert, to approve the minutes from the March 12, 2012 meeting as amended. The vote was in favor, 3-0-2 with Selectman Mooers and Selectman Macauley abstaining due to their absence from the meeting.
B. Approval of minutes from March 19, 2012 meeting.
MOTION: Selectman Macauley moved, seconded by Selectman Dudman, to approve the minutes from the March 19, 2012 meeting as amended. The vote was in favor, 4-0-1 with Selectman Mooers abstaining due to his absence from the meeting.
IV Appointments & Recognitions
A. Acknowledge Deputy Town Clerk Jennifer McWain’s receipt of Maine Town & City Clerks Association’s Certified Clerks of Maine designation
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to acknowledge with congratulations Deputy Town Clerk Jennifer McWain’s receipt of Maine Town & City Clerks Association’s Certified Clerks of Maine designation. The vote was unanimous in favor, 5 -0
B. Ballot Clerk Appointments for May 7 & 8, 2012 Annual Town Meeting election
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to approve the Ballot Clerk Appointments for May 7 & 8, 2012 Annual Town Meeting election. The vote was unanimous in favor, 5-0.
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: Police Chief
B. Penobscot Cable Consortium February 12, 2012 Minutes and March 21, 2012 Agenda
C. League of Towns Regular Meeting February 28, 2012 and Collaboration Meeting February 29, 2012 Minutes
D. CES, Inc Northeast Harbor Marina Project update
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to acknowledge receipt of Consent Agenda items A – D. The vote was unanimous in favor, 5 -0.
VI Selectmen’s Reports
Selectman Dudman complemented Police Chief Willis on his new concept for training, as presented in his monthly report for March 2012.
VII Old Business
A. May 7 & 8, 2012 Annual Town Meeting Warrant, sign
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to sign the May 7 & 8, 2012 Annual Town Meeting Warrant. The vote was unanimous in favor, 5 -0.
B. Municipal Officer’s Certification of Ordinances
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to sign the Municipal Officer’s Certification of Ordinances for the May 7 & 8, 2012 Annual Town Meeting. The vote was unanimous in favor, 5 -0.
C. Village Signs, presentation by Sydney Roberts Rockefeller
Ms. Roberts Rockefeller was present and showed the Board a sampling of village signs based on the new Northeast Harbor Marina signs. She emphasized the importance of consistency with the signs so people will know where they are. She also presented specs of the letters and samples of the material, which are also used by others on the island. Chairman Richardson asked her about the next step, and Ms. Roberts Rockefeller replied encouragement. She is hoping the Summer Residents Association will contribute to the costs, which could be $600 -$800 per sign. She is also putting together marina signs with arrows.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley to support Sydney Roberts Rockefeller’s efforts and to move forward with the signage. The vote was unanimous in favor, 5-0.
Board thanked Ms. Roberts Rockefeller for her efforts.
D. Village Green Use Policy, discussion
Town Manager Lunt explained this policy is a result from the work of the Village Green Committee members [Town Manager Lunt, Police Chief Willis, Code Enforcement Officer Keene, Harbormaster Murphy, Fire Chief Bender, and Public Works Director Smith] and is greatly simplified from the original ordinance. He said he would like the Board to appoint a peer group committee from the current committee members.
Chairman Richardson started the review with page 5, Article VII Standards for Approval, subsection A) ix) Major Events, and asked the intent. Town Manager Lunt explained the primary purpose is to cover the shoulder seasons. And referring to Article IX Miscellaneous Provisions subsection 1) B), he asked if the area described includes the marina. Police Chief Willis replied yes, also the condos. He commented that concerts are not a great idea; even the use of microphones for speeches can be offensive. Use of the word “reasonable” was discussed at length. Trial and error is part of the process.
Anne Funderburk asked if the policy applies only to the Northeast Harbor village green, and the reply was yes. She wondered if by extension would it encompass other village greens; Town Manager Lunt said that is not the intent. There are significant differences in each village green area. The current policy for other village greens is to “put it back the way it was”. Selectman Shubert expressed concerns about conflict of dates; if this policy is applied someone needs to control the times of use.
Selectman Dudman referred to page 4 Article 6 Application Review, subsection F and asked if a non-profit selling tickets is allowed. Police Chief Willis said yes. Town Manager Lunt explained the committee tried to ensure that what is currently allowed will continue. These are guidelines to start with. Selectman Dudman asked if the need for port-a-potties had been considered. Town Manager Lunt said they will work with each event. Police Chief Willis commented that the new restrooms may have in impact. Selectman Mooers said he finds the policy flexible, broad, and non-precedent setting.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to adopt the Town of Mount Desert Village Green Use Policy as presented.
DISCUSSION: Selectman Shubert asked if the policy could apply to all village greens, and Town Manager Lunt replied not yet. Selectman Shubert wondered why it cannot since the policy is so broad, and Police Chief Willis said we just don’t know. We need time to implement this policy and monitor how it works before applying to other areas.
Police Chief Willis stated the Board needs to set the application fee. After an involved discussion with suggestions from very high to very low amounts, Board agreed it wanted to encourage activity.
MOTION: Selectman Dudman moved, seconded by Selectman Macauley to set the Village Green Use Policy application fee at $10. The vote was unanimous in favor, 5-0.
The vote to adopt the policy was unanimous in favor, 5-0.
VIII New Business
A. Seal Harbor Library Association request to use Seal Harbor Village Green August 4, 2012
MOTION: Selectman Macauley moved, seconded by Selectman Mooers, to approve the Seal Harbor Library Association request to use the Seal Harbor Village Green August 4, 2012. The vote was unanimous in favor, 5 -0.
B. New Liquor License Application Giant Slide Food Company d/b/a Watermark Restaurant and Lounge
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to approve the new Liquor License Application from Giant Slide Food Company d/b/a Watermark Restaurant and Lounge. The vote was unanimous in favor, 5 -0.
C. Renewal Liquor License Application The Acadia Corporation d/b/a Jordan Pond House
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to approve the renewal Liquor License Application from The Acadia Corporation d/b/a Jordan Pond House. The vote was unanimous in favor, 5 -0.
D. Septic Pumping & Disposal Bids
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to approve the 2012 Septic Pumping & Disposal Bid from MDI Concrete & Port-a-Potties at $0.20 cents per gallon. The vote was unanimous in favor, 5 -0.
E. MDI Regional School District Budget Validation Warrant, sign
MOTION: Selectman Shubert moved, seconded by Selectman Mooers, to sign the MDI Regional School District Budget Validation Warrant for the June 12, 2012 election. The vote was unanimous in favor, 5 -0.
F. Special Town Meeting June 12, 2012, discussion
Town Clerk Nolan referred to her memo dated March 30, 2012 and further explained the need for an Open Floor meeting, due to the potential of a Citizen’s Petition and Fire Chief Bender’s need to sell a fire truck. After a brief discussion, Board agreed that the probability of a Citizen’s Petition brought with it the potential for more than 100 voters, and directed Town Clerk Nolan to try to obtain use of the Kelley Auditorium at MDES.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to approve having a Special Open Floor Town Meeting June 11, 2012. The vote was unanimous in favor, 5-0.
G. Fire Chief Bender requests 1) Special Town Meeting Warrant Article to sell 1988 White/GMC tanker to Palmetto Fire Sales & Service; 2) Declare as Surplus and Bid Out 4 Michelin truck tires; 3) Authorize Additional Exterior Lighting at Northeast Harbor and Somesville Fire Stations; and 4) Authorize Fire Department to set-up Recruitment Table at Annual Town Meeting Open Floor May 8, 2012
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to approve the Special Town Meeting Warrant Article to sell the 1988 White/GMC tanker to Palmetto Fire Sales & Service. The vote was unanimous in favor, 5 -0.
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to declare as Surplus and Bid Out 4 Michelin truck tires. The vote was unanimous in favor, 5 -0.
Fire Chief Bender explained the need to provide more light in front of the truck bays for training and work done after fire calls. Current lighting is poor and presents a safety hazard. He has consulted with an electrician who says the amount of light needed for safety violates LUZO Section 6A.6 “Lighting Outdoor”. Chairman Richardson said the Board of Selectmen does not have the authority to override the LUZO. CEO Keene read from LUZO Section 6A.6 and explained any light greater than 100 watts must be shielded and directed to ground; greater light is not prohibited, it just needs to be shielded. Fire Chief Bender was concerned that shielding the proposed lights would not provide enough light for the work area (approximately 50 foot apron area). The suggestion was made to place the lights
higher. Fire Chief Bender will look into shielding and directing the light to the ground. He will work with his electrical contractor and Public Works Director Smith.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to authorize the Fire Department to set-up a Recruitment Table at the Annual Open Floor Town Meeting May 8, 2012. The vote was unanimous in favor, 5 -0.
H. Police Chief Willis request for Bureau of Highway Safety Grant
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to authorize Police Chief Willis’ request to apply for Bureau of Highway Safety Grant. The vote was unanimous in favor, 5 -0.
I. Police Cruiser Bids
MOTION: Selectman Dudman moved, seconded by Selectman Macauley, to award the Police Cruiser Bid to Darlings Chevrolet for a 2012 Chevrolet Silverado 1500 4WD Crew Cab for $17,000 and authorize the purchase of same from account 104-01-507-20.
DISCUSSION: Selectman Shubert asked about the specific activity that would warrant the need for a 4WD vehicle. Police Chief Willis said it functions better for winter use, and this particular vehicle has better fuel economy than the Ford Expedition; however, 12 mpg is the average for any police vehicle. Overall the pick-up truck saves money over an SUV style vehicle.
VOTE: The vote was unanimous in favor, 5 -0.
J. Health Insurance proposal
Town Manager Lunt explained that several employees have incurred substantial out of pocket expenses under the new POS 200 plan. The proposal to allow employees the option of upgrading to the previously offered POS C plan would not increase expenses to the Town except for the minimal soft cost to process payroll deductions. It would be a choice for the employees. Selectman Dudman asked if this is an HSA option, and reply was no. Police Chief Willis reinforced that this would be good for the employees; many have been hit hard with out of pocket expenses. They would appreciate the opportunity to upgrade.
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to approve the proposal to allow Town Employees to purchase a health insurance upgrade at no cost to the Town other than minimal administrative costs. The vote was unanimous in favor, 5 -0.
K. Such other business as may be legally conducted
None presented.
IX Committee Meeting Reports
A. None
X Treasurer’s Warrants
A. Approve Treasurer’s Warrant # 119 in the amount of $715,271.27
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to approve Treasurer’s Warrant # 119 in the amount of $715,271.27. The vote was unanimous in favor, 5 -0.
XI Executive Session
A. 1 M.R.S.A. § 405(6)(E) consultation with attorney regarding Consent Agreement associated with a subdivision
MOTION: At 7:55 p.m. Selectman Shubert moved, seconded by Selectman Macauley, to enter into Executive Session under 1 M.R.S.A. § 405(6)(E) for the purpose of consultation with a Town attorney regarding a Consent Agreement associated with a subdivision. The vote was unanimous in favor, 5 -0.
Selectman Mooers requested to be recused due to a personal conflict. Board voted 4-0 to accept the request for recusal.
MOTION: At 8:18 p.m. Selectman Shubert moved, seconded by Selectman Macauley, to move out of Executive Session. The vote was unanimous in favor, 5 -0.
MOTION: At 8:18 p.m. Selectman Shubert moved, seconded by Selectman Macauley, to accept the Consent Agreement as presented. The vote was in favor, 3-1-1, with Selectman Dudman voting against and Selectman Mooers recused.
XII Adjournment
MOTION: At 8:21 p.m. Selectman Shubert 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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