Town of Mount Desert
Board of Selectmen
Meeting Minutes
November 5, 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, Rick Mooers and Dennis Shubert; staff members Town Manager Durlin Lunt, Treasurer Kathi Mahar, Fire Chief Mike Bender, 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. None
III Minutes
A. Approval of minutes from October 15, 2012 meeting.
MOTION: Selectman Dudman moved, seconded by Selectman Mooers, to approve the minutes from October 15, 2012 as presented. The vote was in favor, 4-0.
IV Appointments & Recognitions
A. Appoint Dennis Kiley as Planning Board Alternate member, effective November 6, 2012 with term expiring May 31, 2015
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to appoint Dennis Kiley as Planning Board Alternate member, effective November 6, 2012 with term expiring May 31, 2015. The vote was in favor, 4-0.
B. Appoint the following to the newly formed LUZO Review Advisory Group: William Ferm/ZBOA Chairman, Durlin E. Lunt/Town Manager, Kimberly Keene/CEO, Rick Mooers/BOS, Anne Funderburk/Citizen, Charles E. Bucklin/Citizen, Douglass S. Gray Jr./Citizen, and Richard M. Savage II/Citizen effective November 6, 2012 with terms expiring May 31, 2013
Town Manager Lunt requested that Ellen Kappes be added to the list; she had asked to join, and it was his error in not presenting her name.
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to appoint the following to the newly formed LUZO Review Advisory Group: William Ferm/ZBOA Chairman, Durlin E. Lunt/Town Manager, Kimberly Keene/CEO, Rick Mooers/BOS, Anne Funderburk/Citizen, Charles E. Bucklin/Citizen, Douglass S. Gray Jr./Citizen, Richard M. Savage II/Citizen, and Ellen Kappes/Citizen effective November 6, 2012 with terms expiring May 31, 2013. The vote was in favor, 4-0.
C. Appoint Durlin E. Lunt as Freedom of Access Officer and Joelle D. Nolan as Deputy Freedom of Access Officer effective November 6, 2012 with terms expiring May 31, 2013
MOTION: Selectman Dudman moved, seconded by Selectman Mooers, to appoint Durlin E. Lunt as Freedom of Access Officer and Joelle D. Nolan as Deputy Freedom of Access Officer effective November 6, 2012 with terms expiring May 31, 2013. 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: Fire, Police, Public Works
B. Auditors’ Request to Reschedule Date
C. Rental Mooring Income Summer 2012
D. League of Towns Minutes from September 25, 2012
MOTION: Selectman Mooers moved, seconded by Selectman Shubert, to acknowledge receipt of Consent Agenda items A – D as presented.
DISCUSSION: Regarding item C. Selectman Dudman asked how this year’s rental income compares to past years. Harbormaster Murphy said there is an increase, primarily because we have taken over mooring operations. In general, it was a good season.
VOTE: The vote was in favor, 4-0.
VI Selectmen’s Reports
None presented.
VII Old Business
A. Harbormaster Boat/Float Winter Storage Policy and Agreements
Referring to Harbormaster Murphy’s memo dated October 24, 2012, Chairman Richardson suggested there is a dilemma. Harbormaster Murphy reiterated his point, saying the dilemma is with the use of the parking lot area on the west side of the tennis courts – a dead-end “arm”. This area is best utilized for storage because it is a dead-end area; snow can be pushed into the mouth of the lot and snow removal is not necessary. Utilizing this area allows for more vehicle parking closer to the waterfront during the winter months. He went on to explain that after placing two vessels there for storage, complaints were received from the owners of Watermark Restaurant saying guests’ view was disrupted, and he was directed to move the vessels. With the
additional float storage [approved by the Board at its October 15, 2012 meeting], and the fact that he will be constructing several finger floats in the parking lot this winter, he is in a quandary as to how this is going to work if the area in question cannot be used. Although there are not a lot of boats stored this year, he anticipates the number to increase in the coming years.
Selectman Shubert suggested the underlying issue is that we have a working harbor/marina; boat/float storage is what we do. And we need to put them where they belong. Selectman Dudman agreed. Julian Kuffler, a resident boat owner that has stored his boat at the marina in the past, said he has found it convenient and helpful to be able to work on his boat while it is in storage. Chairman Richardson asked when the storage rates were last reviewed. Harbormaster Murphy explained there has been no storage for two years, and the rates were reviewed three years ago. Selectman Shubert wondered if we are undercutting people in the business. Harbormaster Murphy said he doesn’t believe we are taking business away from anyone; most boatyards don’t allow boat
owners to work on their boats.
MOTION: Selectman Dudman moved, seconded by Selectman Shubert, to adopt the Boat Winter Storage and Float Winter Storage Agreements for the Northeast Harbor Marina parking areas as presented by the Marine Management Committee. The vote was in favor, 4-0.
Harbormaster Murphy asked if it is okay to use the parking area in question for storage; Board replied yes, per its vote as just stated.
B. Snowplow for Harbormaster Truck
MOTION: Selectman Shubert moved, seconded by Selectman Mooers, to accept Skip Grindle’s quote of $4,386.54 for an 8 ft. BOSS snowplow with cutting edge, installed; and to authorize purchase of said plow from CIP Marina Truck Reserve account #20-4120-83. The vote was in favor, 4-0.
VIII New Business
A. Stanley Brook Road Bridges, proposed work summer 2013
Keith Johnston, Facility Manager for Acadia National Park presented the Board a map depicting the proposed detour plan while Stanley Brook Road is closed for maintenance work on the bridges. Anticipated closure dates are June 15, 2013 to August 30, 2013. Mr. Johnston assured the Board that ANP will do all they can to communicate the closure and detours to all concerned.
Chairman Richardson asked about closing Jordan Pond Road from the loop road, thereby not diverting traffic down Jordan Pond Road, Seal Harbor. Seal Harbor resident Ann Funderburk commented on the loss of business for Main Street, Seal Harbor if this plan is put in place. Selectman Shubert stated he takes issue with the request during the height of our season. Why can’t the work be done during the shoulder season? Mr. Johnston explained they are restricted by law to keep the Stanley Brook fish passage open during that time.
There were many concerns voiced regarding traffic issues, such as parking along Jordan Pond Road and the safety of the children in the area. Chief Willis commented that when the main bridge was repaired his department had many calls; this project will take some consideration.
Selectman Dudman inquired whether ANP will be compensating the Town for its efforts in traffic control, publicizing, etc.; Mr. Johnston thought not. Public Works Director Smith suggested the use of temporary speed bumps would be helpful; with the cost borne by ANP, since it is their project, not the Town’s. Chairman Richardson stressed the importance of the ANP working with Police Chief Willis and Public Works Director Smith.
B. Town Committees & Public Records Policy
MOTION: Selectman Dudman moved, seconded by Selectman Shubert to adopt the “Town of Mount Desert Town Committees & Public Records Policy” and Right to Know and Freedom of Access for Public Information statement. The vote was in favor, 4-0.
C. Police Department Bulletproof Vest Partnership Grant Funds
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to accept grant funds in the amount of $1,012.50 for bulletproof vests into account #R101-20-40202 and purchase the vests from account #E104-01-503-98. The vote was in favor, 4-0.
D. Police Department Computer Server Replacement
MOTION: Selectman Shubert moved, seconded by Selectman Mooers, to authorize expenditure of up to $5,000.00 from reserve account#G20-24104-06 for replacement of the police department computer server as outlined in the CES, Inc. proposal prepared by Robert Bickmore, I.T. Manager.
DISCUSSION: Selectman Shubert asked how long would the department be down if the server failed, and Chief Willis thought one to two weeks. Although the recommended service life of 5 years is a few months shy, he would rather have the work completed during the winter months when the department is not as busy and better able to tolerate some down time. The server supports multiple aspects of department functions, such as record management, history, and roaming profile structure. Selectman Shubert suggested servers have become standardized and many are run much longer than the recommend service life. He wondered if this one has had problems. Chief Willis said there were some issues in the beginning with back up; however, the problem is fixed now.
VOTE: The vote was in favor, 3-1 with Selectman Shubert voting against.
E. Police Department Purchase of Tasers
Police Chief Willis said this topic has been on his desk for more than a few years. His Officers have requested him to purchase Tasers for the Department; however, he needed convincing. As he stated in his memo dated October 2th, he has seen an increase in violence in surrounding communities. Several Officers have attended training on how to deal with “bath salts” users, who are usually out of control and violent. Do we want to wait for the bad thing to happen [to an officer] before doing something? A Taser is another tool to give to police officers who work alone. Chief Willis said he believes the trouble comes from decision making not from actual Taser use.
MOTION: Selectman Shubert moved, seconded by Selectman Mooers, to authorize the expenditure of the $6,000 due from Hancock County Sheriff’s Office and up to $2,300 from Police Equipment reserve account#g20-24104-05 for the purchase of Tasers and associated equipment.
DISCUSSION: Selectman Dudman thanked Chief Willis for the informative presentation, and asked how a Taser is a better tool than pepper spray. Chief Willis explained that pepper spray makes for more aggression.
VOTE: The vote was in favor, 4-0.
F. Public Works Winter Sand Bids
MOTION: Selectman Dudman moved, seconded by Selectman Mooers, to accept the 2012-2013 winter sand bid from Harold MacQuinn, Inc. at $7.70/CY, or $19,250 for the 2,500 cubic yards the bids were based on. The vote was in favor, 4-0.
G. Fire Department Otter Creek Fire Pond
Fire Chief Bender commented that his memo dated October 31st was intended as an update of the proposed dredging of the fire pond in the village of Otter Creek. He would like to continue with Hedefine Engineering & Design, Inc. and get started as money allows. When asked what the total cost will be, he said his best guess is between $26,000 and $35,000. Chairman Richardson wondered why so expensive. Chief Bender explained the main issue will be the requirements for disposal of the material removed from the site. The State is requiring a full Natural Resources Protection Act permit. Selectman Mooers asked if alternatives were pursued and Chief Bender commented that a well would not provide enough water flow. Chairman Richardson recited some history
of the fire pond and previous dredging efforts.
MOTION: Selectman Mooers moved, seconded by Selectman Shubert, to authorize Fire Chief Bender to enter into an agreement with Hedefine Engineering and Design, Inc. to complete the survey portion of the Otter Creek Fire Pond dredging project at a cost not exceed$4900. The vote was in favor, 4-0.
H. Such other business as may be legally conducted
1. Storm Drain, Route 3 Seal Harbor
Public Works Director Smith referred to the e-mail sent today to John Devine of the Maine DOT regarding the proposed storm drain in Route 3, Seal Harbor to extend from the Episcopal Church towards Seal Harbor for approximately 510 feet. The storm drain is necessary to handle storm water flows associated with the new sidewalk and curbing being constructed. DOT will provide 100% of the funding for the new storm drain on a reimbursement basis. Work on the sidewalk is scheduled to start tomorrow, November 6th, and if this is approved, the storm drain work will be done first.
Selectman Shubert asked if the project could include fixing the swale that overflows from the north side of the road. During the winter the overflow freezes causing ice in the road. Public Works Director Smith said he will ask the contractor.
MOTION: Selectman Mooers moved, seconded by Selectman Shubert, to authorize the Town Manager to enter into an agreement with Maine DOT for Route 3, Seal Harbor storm drain funding reimbursement in an amount not to exceed $44,000. The vote was in favor, 4-0.
2. Float Storage
Matthew Knox, Seal Harbor resident and business man, asked to return to the discussion regarding floats. He suggested trailering floats is not practical; he doesn’t know of a trailer that could handle a 20 ft x 20 ft float. He asked if Seal Harbor beach parking lot is subject to the same policy as passed earlier tonight. Board and Harbormaster Murphy discussed at length the pros and cons of storage of floats at Seal Harbor beach parking lot. It was pointed out that dragging and skidding floats causes damage to pavement. Board agreed that it could not tolerate damage to the pavement. Mr. Knox pointed out that skids would work better in Seal Harbor because the length to move the floats is much less. Board agreed it was not opposed to using a portion of the
beach parking lot for float storage.
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to: allow a limited number of boats and floats stored at Seal Harbor beach parking lot; storage will not use more than 1/3 of the lot; rules and fees are consistent with the current policy adopted for the Northeast Harbor Marina parking lot; boats and floats must be removed by May 15; and dragging the boats and floats across the pavement is not allowed. The vote was in favor, 4-0.
IX Committee Meeting Reports
A. Traffic Committee Minutes from September 10, 2012
MOTION: Selectman Mooers moved, seconded by Selectman Shubert, to acknowledge receipt of Traffic Committee Minutes from September 10, 2012. The vote was in favor, 4-0.
X Treasurer’s Warrants
A. Approve Treasurer’s Warrant #54 in the amount of $33,447.00
MOTION: Selectman Shubert moved, seconded by Selectman Mooers, to approve Treasurer’s Warrant #54 in the amount of $33,447.00. The vote was in favor, 4-0.
B. Approve Treasurer’s Warrant #55 in the amount of $959,514.22
MOTION: Selectman Mooers moved, seconded by Selectman Shubert, approve Treasurer’s Warrant #55 in the amount of $959,514.22. The vote was in favor, 4-0.
XI Executive Session
A. None
XII Adjournment
MOTION: At 7:53 p.m. Selectman Mooers moved, seconded by Selectman Dudman, to adjourn the meeting.
Respectfully submitted,
John B. Macauley
Secretary
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