Town of Mount Desert
Board of Selectmen
Meeting Minutes July 16, 2012
A meeting of the Board of Selectmen was held this date in the Community Room of the Seal Harbor Fire Station, Seal Harbor, Maine.
Those present included: Chairman Tom Richardson; Selectmen Martha Dudman, John Macauley, Rick Mooers and Dennis Shubert; staff members Town Manager Durlin Lunt, Police Chief Jim Willis, Fire Chief Mike Bender, Public Works Director Tony Smith, Treasurer 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 6:30 p.m.
Motion: Selectman Dudman moved, seconded by Selectman Macauley, to take agenda item VII Old Business A. Citizens Request for Moratorium on Rock Quarrying out of order. The vote was unanimous in favor, 4-0.
VII Old Business
A. Citizens’ Request for Moratorium on Rock Quarrying
Attorney Daniel Pileggi, representing Gerald and Laurie Shencavitz of Hall Quarry, spoke to the Town’s Land Use Zoning Ordinance (LUZO) structure and why it does not deal with this issue. There are no specific standards that deal with rock quarrying. Gravel extraction is not allowed; however, mineral extraction is allowed. Rock quarrying is not mentioned specifically.
6:36 p.m. Selectman Mooers arrived.
He went on to say that interruptions from the noise are enough to warrant a moratorium ordinance to allow the Town to deal with developing standards.
Chairman Richardson stated the LUZO is a work in progress. He thought the Planning Board permitting process was taking place soon. If the issue hasn’t been formally discussed through the permitting process, the moratorium is premature. Attorney Pileggi suggested the time for a moratorium is before the permitting process. He said they are asking the Board to recommend a town meeting to vote on the moratorium, which will not deter the permitting process and is dealt with separately. Mr. Shencavitz said the recommendation for a moratorium came from Town Attorney James Collier who promoted the need to raise citizen awareness.
Selectman Shubert asked under what status Freshwater Stone extracted stone last year. Attorney Ed Bearor, representing Macquinn’s, owner of the property who leases to Freshwater Stone, said it was his understanding that they had a grandfathered use. There has been intermittent cutting and removal of stone. He spoke to reasons for a moratorium and thought they were not appropriate in this instance. Referring to Section 6 of the LUZO, he noted the Town recently amended the LUZO to allow mineral extraction. His client has filed an application with the Planning Board to have the action declared an extraction operation, as they were invited to do. He stated his client has been upfront with the Town and Attorney Pileggi, and has done as asked. He urged the Board
not to impose a moratorium. He suggested it is an amendment to the LUZO, and as such, subject to all the rules and regulations required to amend.
Selectman Dudman asked for clarification of the process. Town Manager Lunt explained that the Board of Selectmen has the authority to call for a town meeting to address the moratorium issue. Selectman Shubert noted members of Planning Board were present; he suggested this is a matter for them, and the Board of Selectmen should not interfere.
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to move forward with the proposed moratorium process. The motion failed with a vote of 2-3; Chairman Richardson, Selectman Shubert, and Selectman Mooers voting against.
II Public Hearing(s)
A. None
III Minutes
A. Approval of minutes from July 2, 2012 meeting.
MOTION: Selectman Dudman moved, seconded by Selectman Macauley, to approve the minutes from July 2, 2012 as presented. The vote was unanimous, 5-0.
IV Appointments & Recognitions
None
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: Code Enforcement, Wastewater Treatment Plants, Treasurer & Financials
B. Contribution Thank You from Eastern Maine HomeCare
C. Contribution Thank You from Hospice Volunteers of Hancock County
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to accept as presented Consent Agenda items A – C. The vote was unanimous, 5-0.
VI Selectmen’s Reports
None presented.
VII Old Business, continued
B. Town Office Addition, Plan Modification
Referring to Public Works Director Smith’s memo dated July 11, 2012 in which he outlined the new requirements, Chairman Richardson and Selectman Shubert shared their frustration with the need for an elevator. Selectman Shubert asked if the elevator would be bid separately; Carla Murgia Haskell, Architect, replied there will be a separate price from the current low bidder, and it will be competitively bid. Public Works Director Smith said we are not obligated to re-bid the entire package; he is confident we will get a good price. Selectman Shubert asked if automatic doors were specified for wheelchair access; Ms. Haskell said they are not required; however, an upgrade to the sidewalk to meet ADA slope requirements is in the original bid. Tom Wallace, resident and local
contractor, stated it was his opinion that the elevator is too big of an extra not to have the original three contractors rebid. He said it’s a change order in nearly the entire building. Chairman Richardson asked if there was any reason to think bidders will come down in their price of $100,000+. Mr. Wallace said the current situation allows the low bidder too much free reign. Public Works Director Smith said ethically he does not agree with re-bidding.
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, regarding the addition to the Town Office building, to commit to the construction of an elevator; to authorize staff to work with the design team and Coastal Builders to negotiate a fair, cost effective price for an elevator in conformance with applicable regulations; to authorize the Town Manager to execute a change order for construction of an elevator and all associated appurtenances for the negotiated price but not to exceed $120,000; to authorize a not to exceed amount of $25,000 from the Town Office Building Reserve Account #G20-24105-70 to be used as contingency funding; and to authorize staff to reject all bids and rebid the project, including the elevator, if a fair price cannot be negotiated with Coastal Builders. The
vote was unanimous in favor, 5-0.
Concerning the July 11, 2012 memo from Public Works Director Smith regarding sprinkler systems, Chairman Richardson said he was not happy with all these surprises. Public Works Director Smith explained the issue arose from the State Fire Marshal’s office. The SFM does not like to issue permits (for the Town Office building addition) that result in only a portion of a building having a sprinkler system. Chairman Richardson wondered what repercussions there might be if we leave the existing building as is. When Chairman Richardson asked the cost of sprinkling the existing building, Public Works Director Smith estimated $50,000 for a wet system.
MOTION: Selectman Dudman moved, seconded by Selectman Mooers, to accept Public Works Director Smith’s proposal to commit to having a sprinkler system installed in the existing Town Office building by June 30, 2016, and to authorize Fire Chief Bender to negotiate a minimum three year schedule, in writing, for construction of a sprinkler system with the State Fire Marshal. The vote was unanimous in favor, 5-0.
C. Tyler Technologies/Munis Service Provider Agreement
Chairman Richardson inquired of Town Manager Lunt if the contract numbers are what we expected, and the reply was yes. Selectman Shubert congratulated Town Manager Lunt on the expediency of the contract negotiations.
MOTION: Selectman Macauley moved, seconded by Selectman Mooers to accept the Tyler Technologies/ Munis Service Provider Agreement as presented and authorize Town Manager Lunt to sign. The vote was unanimous in favor, 5-0.
D. Seal Harbor Parking Issues
Town Manager Lunt suggested the Board start discussing parking issues before next May when the crush is upon us. As described in his memo, parking is no longer possible on the Stanley Brook side of Route 3, and once the sidewalks are built on the beachside of the road, current parking spaces there will vanish. The parking lot is not large enough to accommodate the need. Although there are not many options, the Town owned lot near the old Village Market (20 Main Street/Map 30 Lot 2) might offer a partial solution. Police Chief Willis agreed that improvements to the lot are needed; however, if lined and done properly, it might hold a dozen cars.
Selectman Shubert said he was not enthralled with surface level parking. He wondered if the lot near Wastewater Treatment Plant would be available. The current situation along the beach is dangerous. Board requested Chief Willis and Public Works Director Smith to explore the possibilities and report at a future meeting.
Seal Harbor citizen Anne Funderburk thought the proposed lot (20 Main Street/Map 30 Lot 2) could be shielded and made acceptable. She asked if the beach parking lot could be expanded. Public Works Director Smith said he would rather fix the Wastewater Treatment Plant lot and create walking path.
E. Cable Consortium Agreement
In her memo dated July 11, 2012, Treasurer Mahar recommended that, in order to delineate the source of funds and the intent of the Board’s February 21, 2012 action, the Board define the funding of the budget line for the bargaining unit legal fees as a transfer from account #E102-01-509-50 Governing Body Contingency Fund, currently budgeted at $7,400.
MOTION: Chairman Richardson moved, seconded by Selectman Mooers, to carryover $5,000 from 2011-2012 budget account #E102-01-509-50/Contingency Fund to the 2012-2013 budget, for a total of $12,400. The vote was unanimous in favor, 5-0.
F. FY-2013 Paving, update
Public Works Director Smith referred to his memo dated July 11, 2012 and explained he was seeking Board approval because of its prior authorization for the paving work.
MOTION: Chairman Richardson moved, seconded by Selectman Mooers, to authorize the Public Works Direct to maximize the use of the remaining paving money from the FY 2013 budget. The vote was unanimous in favor, 5-0.
VIII New Business
A. Maine Municipal Association Annual Election Voting Ballot
MOTION: Selectman Shubert moved, seconded by Selectman Mooers, to cast ballots for Peter Nielsen/Vice President, and John Butler, Jr., Michael Crooker, and Marianne Moore/Directors. The vote was unanimous in favor, 5-0.
B. Neighborhood House Request to Close part of Rock End Road August 9th for Bike Parade
Anne-Marie Hart, Executive Director of the Neighborhood House, was present and explained this is an annual request. The road closure will be on Thursday, August 9th from 3:00 p.m. to 7:30 p.m. As she has in the past, she will work with Chiefs Bender and Willis to ensure there is room for emergency vehicles.
MOTION: Selectman Macauley moved, seconded by Selectman Mooers, to approve the Neighborhood House request to close part of Rock End Road on August 9, 2012 for its annual Bike Parade. The vote was unanimous in favor, 5-0.
C. Neighborhood House Storm Water Damage Expenses
Anne-Marie Hart, Executive Director of the Neighborhood House, was present and referred to her letter dated July 5, 2012 in which she described the circumstances of the extensive water damage to the NHH recently renovated lower level. The unexpected mishap was not reimbursable by the NHH insurance; nor does the NHH have flood insurance.
She went on to say NHH incurred roughly $14,000 in expenses directly related to the water backup that occurred during the storm on May 10, 2012. Ideally, the Board would agree to contribute $7,000 toward the cleanup expense; which in no way would imply any liability on the part of the Town.
Public Works Director Smith requested that he be given time to research this issue, including having a video done of the water line. Ms. Hart said J.R. Anderson did a video and Public Works Director Smith should be able to view it.
Selectman Shubert asked if the drain was only stormwater, and the reply was yes. When asked if any other property was affected by the water back-up, Public Works Director Smith replied not to his knowledge. Selectman Dudman asked if there was a precedent to this incident, and the reply was no. Chairman Richardson expressed concerns about contributing unless the Town is at fault. Board agreed to have Public Works Director Smith investigate the issue, then re-consider the request.
D. Citizen Request for Additional Street Light on South Shore Rd
Town Manager Lunt said he has looked at the area where the light would be placed. Usually every other pole has a light; in this instance there are at least two consecutive poles without a light. Chairman Richardson wondered if there was any chance of someone not wanting more light and the reply was probably not.
MOTION: Selectman Dudman moved, seconded by Selectman Macauley, to approve the request from Janneke Neilson for an additional street light near 39 South Shore Road, Northeast Harbor. The vote was unanimous in favor, 5-0.
E. Request from Police Chief Willis for Authorization to Sign Memorandum of Understanding for Byrne/Jag Grant
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to approve the request from Police Chief Willis for authorization to Sign Memorandum of Understanding for the 2012Byrne/JAG Grant. The vote was unanimous in favor, 5-0.
F. Such other business as may be legally conducted
None presented.
IX Committee Meeting Reports
A. Safety Committee Meeting Minutes May 21, 2012
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to acknowledge receipt of Safety Committee Meeting Minutes May 21, 2012. The vote was unanimous in favor, 5-0.
X Treasurer’s Warrants
A. Approve FY 2012 Treasurer’s Warrant #7 in the amount of $137,107.38
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to approve FY 2012 Treasurer’s Warrant #7 in the amount of $137,107.38. The vote was unanimous in favor, 5-0.
B. Approve FY 2013 Treasurer’s Warrant #8 in the amount of $605,382.24
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to approve FY 2013 Treasurer’s Warrant #8 in the amount of $605,382.24. The vote was unanimous in favor, 5-0.
XI Executive Session
A. None
XII Adjournment
MOTION: At 7:47 p.m. Selectman Mooers moved, seconded by Selectman Shubert, to adjourn the meeting. The vote was unanimous in favor, 5-0.
Respectfully submitted,
John B. Macauley
Secretary
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