Town of Mount Desert
Board of Selectmen
Meeting Minutes October 15, 2012
A meeting of the Board of Selectmen was held this date at Somesville Fire House, Mount Desert, Maine.
Those present included: Chairman Tom Richardson; Selectmen Martha Dudman, Rick Mooers and Dennis Shubert; staff members Town Manager Durlin Lunt, Police Chief Jim Willis, Harbormaster Shawn Murphy, Public Works Director Tony Smith, and Town Clerk/Recording Secretary Joelle Nolan; and members of the public. Selectman Macauley 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. Tabled from October 1, 2012
Road Discontinuance, Former Highway between Land of David Allen and James T. Allen westerly of Whales Back Lane
Chairman Richardson opened the public hearing at 6:31 p.m. and called for public comment. Attorney Nathaniel R. Fenton, representing David Allen, spoke to the issue and showed a map of the section of road to be discontinued. He reviewed the documents presented to the Board, and clarified the portion of the road is north westerly of Whales Back Lane. He also showed a survey from James T. Allen’s property. The practical outcome is to have the abutters to this portion of the road own to the middle of the road (the Allens and phone company) versus being “owned” by the Town. Attorney Fenton presented a revised Finding and Order that corrected some minor typos. Selectman Shubert noted the land goes to the abutters by State Statute. Chairman Richardson closed the public hearing at 6:39 p.m.
B. Moratorium Ordinance Regarding Mineral Extraction, Secret Ballot Referendum Special Town Meeting November 6, 2012
Chairman Richardson opened the public hearing at 6:40 p.m. and asked for public comment. Peter Aylen, an abutter to a quarry asked why this issue is being presented to the Warrant Committee. Chairman Richardson explained it is common practice for the Warrant Committee to review warrant articles and make recommendations. Mr. Aylen read his comments summarizing the issue and his support of the moratorium. Chairman Richardson closed the public hearing at 6:45 p.m.
C. General Assistance Ordinance Maximums for Housing 2012-2013
Chairman Richardson opened the public hearing at 6:46 p.m. and asked for public comment. Town Manager Lunt recommended that the Board adopt the maximums as presented. There being no public comment, Chairman Richardson closed the public hearing at 6:47 p.m.
III Minutes
A. Approval of minutes from October 1, 2012 meeting.
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to approve the minutes from October 1, 2012 meeting as presented. The vote was in favor 4-0.
IV Appointments & Recognitions
A. Accept resignation of Travis Frost from Police Department effective October 14, 2012
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to accept the resignation with regret of Travis Frost from the Police Department effective October 14, 2012. The vote was in favor 4-0.
B. Appoint Dana Austin as full-time Police Officer effective November 5, 2012 at an hourly rate of pay of $17.25
MOTION: Selectman Mooers moved, seconded by Selectman Shubert, to appoint Dana Austin as full-time Police Officer effective November 5, 2012 at an hourly rate of pay of $17.25. The vote was in favor, 4-0.
C. Acknowledge receipt of Thank You to Police Chief Willis from Heather Jones on behalf of Knowles Real Estate
MOTION: Selectman Dudman moved, seconded by Selectman Mooers, to acknowledge receipt of Thank You to Police Chief Willis from Heather Jones on behalf of Knowles Real Estate. 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. Department Reports: Code Enforcement, Wastewater Treatment Plants, Public Works
B. County of Hancock Commissioner’s Office Proposed 2013 Budget
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to acknowledge receipt of Consent Agenda items A – B as presented. The vote was in favor, 4-0.
VI Selectmen’s Reports
None presented.
VII Old Business
A. Approve Appendix A to Town Manager Contract increasing compensation to $1,485 weekly effective August 2, 2012
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to approve Appendix A to Town Manager Contract increasing compensation to $1,485 weekly effective August 2, 2012. The vote was in favor, 4-0.
B. Engage Munis Accountant Consultant from RHR Smith & Company CPA’s
Town Manager Lunt reminded the Board that hiring a consultant to assist with building the Chart of Accounts was planned from the beginning. We cannot use our own auditor due to State regulations. He said he expects we’ll need less than 40 hours of consultant time. All agreed that we do not want to short change the process.
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to engage a Munis Accountant Consultant from RHR Smith & Company CPA’s at a rate of $100/hour, expended from account 102-05-504-51 Other Professional Services. The vote was in favor, 4-0.
C. Confirmation of Motor Vehicle Agent and Excise Tax Collector as requested by Bureau of Motor Vehicles
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to confirm Margaret K. Porter as Motor Vehicle Agent and Excise Tax Collector as requested by Bureau of Motor Vehicles. The vote was in favor, 4-0.
D. Pond’s End Realignment, update
Public Works Director Smith referred to his memo dated October 11, 2012 and reported he has met with a representative from DEP at Pond’s End regarding the realignment proposed by resident and business owner Brian Hamor. The finger float can be relocated to the west to reduce congestion; the low rock wall can be straightened to improve access to the water; however the concrete work must stay in place as a means of erosion control. Fire Chief Bender recommended the installation of a dry hydrant adjacent to the finger float and DEP approved. Cost of the project is estimated at $2,000 using highway crew and harbormaster boat.
MOTION: Selectman Dudman moved, seconded by Selectman Mooers, to authorize the Pond’s End realignment work as proposed by Brian Hamor and approved by DEP, including the installation of a dry hydrant. The vote was in favor, 4-0.
E. Special Town Meeting Warrant for November 6, 2012, Article 2 Recommendation
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to recommend passage of Article 2 Shall an Ordinance entitled “ Moratorium Ordinance Regarding mineral Extraction” be enacted? in the Special Town Meeting Warrant for November 6, 2012. The vote was in favor, 4-0.
VIII New Business
A. Citizens Request for Contingency Plan to Ensure High-Speed Internet Access
Town Manager Lunt gave an update on where we stand with Time Warner and referred to a map of the coverage area. Two major gaps are Hall Quarry Road and Indian Point Road/Pretty Marsh Road. Currently the required population density is around 16 houses per mile. We were asked by the Consortium to submit two roads names to be considered for coverage, and we submitted Hall Quarry Road and Pretty Marsh Road. There will be another Consortium meeting soon and he hopes to have more information. A contingency plan is to apply for ConnectME grants to build out areas not in the contract. The Town could also investigate taking out a bond to build out – a very expensive option. There is no magic bullet. He agrees high speed internet access is as essential as the telephone was 50 years ago.
Chairman Richardson asked if the ConnectMe grants require the Town to hire a company to run lines. Town Manager Lunt replied yes; we would work with Time Warner. Chairman Richardson queried the cost. Resident Eric Rheinholdt has talked with Time Warner and was told the cost for service is estimated at $30,000 a mile. He noted that although RedZone had ConnectMe money, the technology is still way behind. Town Manager Lunt reminded those present we are still in negotiations and do not have all the answers yet. Mr. Rheinholdt wondered how density is measured; Town Manager Lunt said he will find out. The Consortium is a combination of 15 to 20 towns, from large to small towns. The Town of Mount is spread out more than most. There is another meeting in November that should provide some
answers. He is also working with Assessor Kyle Avila and his GIS equipment. Resident Ted Bromage wondered if coverage will extend to Woods Road. He noted the Pretty Marsh area is also lacking cell phone reception. He hopes the proposed cell tower will help.
B. Citizen Request to Address Issue of Float Storage at Northeast Harbor Marina and Seal Harbor Beach Parking Lot
Matt Knox, Seal Harbor resident and business owner, was present, and explained he would like to rent space from the Town [land behind the former market in Seal Harbor] for seasonal storage of floats and a trailer.
Chairman Richardson said historically the Town has avoided renting space on town property. Recently this Board denied a similar request for rental space on the same property. As far as storing floats, the Northeast Harbor Marina parking lot and Seal Harbor beach parking lot have been used in the past. When asked how many floats needed to be stored, Mr. Knox replied a couple of his own (8ft x 20ft) and a couple of other privately owned floats (6ft x 40ft) with the possibility of more in the future. Chairman Richardson asked Harbormaster Murphy if the Marine Management Committee has discussed the issue of float storage. Harbormaster Murphy replied yes, the Committee recently met and prepared a recommendation to present to the Board at its next meeting. The recommendation is to store only boats in the parking
lots because there are concerns that floats cause damage to the ground from the weight and paint residue.
Selectman Shubert said he favors private use of public property and believes this Board is in need of a policy to allow such. Selectman Dudman ask if there is enough room to accommodate the request, and Harbormaster Murphy said yes. He noted although the Marine Management Committee discussed the issue thoroughly, the vote to allow the storage was not unanimous. Harbormaster Murphy stated there are things that could be done to minimize damage. The matter of foul odors from the floats was mentioned. Selectman Mooers asked Mr. Knox where he stored his floats previously. Mr. Knox replied at the Northeast Harbor Marina parking lot. When that space became unavailable during the renovation, he lost some of his business to a competitor in Manset.
MOTION: Selectman Shubert moved, seconded by Selectman Mooers, to have this Board [of Selectmen] develop a policy to allow for the private use of public property for appropriate remuneration and with appropriated safeguards. The vote was in favor, 4-0.
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to request the Marine Management Committee to revisit the types of arrangements that could be made with the potential users of the parking lots; to determine the willingness of the potential users to protect the Town against any and all liability, damage, and repairs to the parking lot; and to try to reach an amicable agreement wherein we are not summarily discouraging potential self-employed type businesses. The vote was in favor, 4-0.
It was noted that time is of the essence. Harbormaster Murphy said the groundwork is in place, and he will call a Committee meeting next week with the intent of having a recommendation by the Board’s November 5th meeting. Chairman Richardson suggested having standards of some sort to make the policy work.
C. Treasurer’s Request to Utilize Forfeited ICMA Employer Retirement Match for Current Employer Match
Town Manager Lunt referred to Treasurer Mahar’s meme dated October 1, 2012 and reiterated that the monies referred to are the unvested portion of the employer’s [Town’s] contribution. He highly recommends approval; the funds cannot be used for anything else.
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to utilize the current $26,033.46 in forfeiture to reduce the monthly employer contribution to the ICMA retirement fund; and to utilize any future ICMA forfeitures to reduce current ICMA employer contributions. The vote was in favor, 4-0.
D. Harbormaster Request to Obtain Cost Estimates for Snowplow
Chairman Richardson wondered if the Town has a vehicle that could be used to plow the harbor parking lots. Harbormaster Murphy said the issue is two-fold: plowing and snow removal. Public Works uses a loader to plow the parking lots, and damage ensues due to the many nooks and crannies. Public Works Director Smith noted timeliness is also an issue. Although Wastewater has a truck with an 8 foot plow, plowing the plants is a priority.
MOTION: Selectman Mooers moved, seconded by Selectman Shubert, to authorize Harbormaster Murphy to obtain cost estimates for a snowplow for the harbor pick-up truck. The vote was in favor, 4-0.
E. Citizen Suggestion for Barlett’s Landing Improvements
Ted Bromage reiterated his suggestions from his email dated October 10, 2012 regarding projects at Bartletts Landing: Move the “No Parking” signs above and below One Lane Road with the objective of adding more parking spaces; improve the east side of Bartletts Landing Road to allow vehicles to get off the pavement safely; add a motion sensing camera to the light pole to catch perpetrators, or hook up a dummy camera with a solar powered flashing light; and drill a well and add a dockside hose system to allow users to rinse away bait, dog feces and other noxious stuff from the dock.
These projects would significantly improve the facility. He noted the Somesville/Pretty Marsh real estate valuation is comparable to Northeast Harbor. Public Works Director Smith and Police Chief Willis are willing to work with Mr. Bromage. Alternate locations for dumpsters and port-a-potties were discussed.
Selectman Shubert thought since some marina expenses have been reduced it would be nice to have the Marine Management Committee sort out how to use marina money to help other harbors. Police Chief Willis agreed the Traffic Ordinance needs to address some of these issues. He is working on revisions for the Board to address. Harbormaster Murphy noted the other harbors have running water, and he agrees a well at Barletts Landing is needed.
MOTION: Selectman Mooers moved, seconded by Selectman Shubert to support the proposed improvements at Bartletts Landing. The vote was in favor, 4-0.
F. Such other business as may be legally conducted
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to discontinue a portion of the old highway running between the properties of James T. Allen and David Allen situated northerly of Whales Back Lane. The vote was in favor, 4-0.
MOTION: Selectman Mooers moved, seconded by Selectman Shubert, to adopt the MMA General Assistance Model Ordinance Appendices C for the period of October 1, 2012 – September 30, 2013 as presented. The vote was in favor, 4-0.
IX Committee Meeting Reports
A. Marine Management Committee Minutes September 11, 2012
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to acknowledge receipt of Marine Management Committee Minutes September 11, 2012. The vote was in favor, 4-0.
X Treasurer’s Warrants
A. Approve Treasurer’s Warrant #47 in the amount of $1,078,678.46
MOTION: Selectman Mooers moved, seconded by Selectman Shubert, to approve Treasurer’s Warrant #47 in the amount of $1,078,678.46. The vote was in favor, 4-0.
XI Executive Session
A. None
XII Adjournment
MOTION: At 7:43 p.m. Selectman Mooers moved, seconded by Selectman Shubert, to adjourn the meeting. The vote was in favor, 4-0.
Respectfully submitted,
John B. Macauley
Secretary
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