Town of Mount Desert
Board of Selectmen
Meeting Minutes
December 3, 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, 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 Rick Mooers 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 November 19, 2012 meeting
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to approve the November 19, 2012 minutes as presented. The vote was in favor, 3-0-1 with Selectman Dudman abstaining due to her absence from the meeting.
IV. Appointments, Resignations, Recognitions
A. Accept Resignation of Kathleen Graves from Warrant Committee effective November 16, 2012
MOTION: Selectman Dudman moved, seconded by Selectman Shubert, to accept with regret the resignation of Kathleen Graves from the Warrant Committee effective November 16, 2012. The vote was in favor, 4-0.
B. Accept Resignation of James Clunan from Planning Board, effective December 14, 2012
MOTION: Selectman Macauley moved, seconded by Selectman Dudman, to accept with regret the resignation of James Clunan from the Planning Board, effective December 14, 2012. The vote was in favor, 4-0.
C. Acknowledge Thank You from Neighborhood House to Police Chief Willis for help with Community Cafe
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to acknowledge a Thank You from Neighborhood House to Police Chief Willis for help with Community Café. 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 Report: Assessor
B. Maine Municipal Association Annual Membership Report for Workers’ Compensation Fund
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, 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. Stanley Brook Road Closure 2013
Town Manager Lunt said he agrees with Deputy Superintendent Len Bobinchock’s suggestions, in his letter dated November 20, 2012, for dealing with the closure of Stanley Brook Road during the summer of 2013, which include the closure of Jordan Pond Road to all traffic except emergency response and service vehicles. There will be no Islander Explorer buses traveling Jordan Pond Road. Selectman Shubert queried how the closures will be made known, and Town Manager Lunt replied Chief Willis is working with ANP to ensure there will be plenty of signage; also moveable barriers will be in place. Anne Funderburk, resident of Jordan Pond Road, asked if Island Explorer had been contacted regarding the cessation of the #5 Bus. Keith Johnston, Facility Manager for Acadia National Park, replied yes; also, they are working out
an alternate route and the bus likely will not travel to Seal Harbor. Selectmen Dudman declared that closing the road will be inconvenient to many hikers, of which she is one. She suggested that the Bus go through Jordan Pond Road. When asked the number of trips the #5 Bus makes a day on Jordan Pond Road, Mr. Johnston replied 39 trips a day. Town Manager Lunt said he recommends not making an exception for the bus travelling Jordan Pond Road. Mrs. Funderburk expressed concerns that the lack of a Bus through Seal Harbor will be a great detriment to Main Street businesses. After a brief discussion, Mr. Johnston agreed that further discussions with Island Explorer to have a Bus travel through Seal Harbor would be a good idea. Howie Motenko, resident of Jordan Pond Road, said he encourages traffic control and limited use of Jordan Pond Road. He also expressed concerns about service vehicles and the “hole” left in the barricade. Chairman Richardson assured him that the signage
will help; and he said we have to be realistic about the occasional vehicle that might go through. Mr. Johnston, too, assured him that every effort will be made to deter traffic from Jordan Pond Road. Chairman Richardson stated that all involved are trying to make the best out of a bad situation by eliminating 90% of the traffic traveling Jordan Pond Road. Chairman Richardson also recognized that Town Manager Lunt has worked very hard with ANP and others in resolving this issue. Mr. Motenko suggested making part of Jordan Pond Road one-way, thereby using one of the other roads to get through. Chairman Richardson said he was not sure that is a solution. Mrs. Funderburk agreed; the other roads off Jordan Pond Road are very narrow. Selectman Shubert pointed out it is seemingly easy to reroute the bus [referring to a bus route map on his iPad], and asked who we would speak with. Mr. Johnston replied, Deputy Superintendent Len Bobincheck,
and offered to pass on the information. Selectman Dudman said we all benefit from having the Park on the Island and we need to accommodate them as best we can with this issue.
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to endorse the proposed road closures as presented by Acadia National Park Deputy Superintendent Len Bobinchock in his letter dated November 20, 2012 to Town Manager Lunt. The vote was in favor, 3-1, with Selectman Dudman voting against.
B. Planning Board Request for Town Planner
Chairman Richardson, referring to a Memo from Planning Board Chairman Ellen Brawley, said there is no doubt that we need the planner consultant that we have hired. He said it sounds like the Planning Board is suggesting a full-time staff position and Mrs. Brawley replied, yes. Town Manager Lunt said he disagrees. He believes the Town is best served by hiring consultants on an ad hoc basis. We would receive more bang for our buck from a consultant. A full-time planner could cost, with benefits, $100,000 annually. By hiring a consultant, 100% is spent on the project rather than on benefits. Selectman Dudman wondered if a part-time position would be beneficial; Town Manager Lunt thought not. Mrs. Brawley stated the one thing you don’t get by hiring consultants is consistency, which she
believes is needed. Selectman Shubert said he agrees there is a need for someone knowledgeable about the LUZO and its intent at [Planning Board] meetings. He said it is important to know what functions are needed. Retiring Planning Board member Jim Clunan commented on potential savings in legal costs by having a consultant. Selectman Dudman thanked Mrs. Brawley for her excellent, informative memo. She said we all agree on the need for professional planning help. Selectman Shubert thought we should remind ourselves that we are a town of 2000 people, but $2,000,000,000 in property value. Selectman Macauley said he believes the better choice is to hire a consultant rather than bring in a new full-time position. Chairman Richardson assured Mrs. Brawley that the Board will take all of information into consideration during budget process; the Board understands the need for a consultant.
C. Neighborhood House Insurance Claim
Anne Marie Hart, Executive Director of Neighborhood House, was present and reviewed the issue of the Neighborhood House lower level flooding in May. Maine Municipal Association, the Town’s insurance carrier, rejected the initial claim, and at the direction of her Board, Ms. Hart came to the Board of Selectmen with a plea to cover part of the clean-up costs. That is when Public Works Director Smith asked this Board to allow him to investigate. Now, MMA has offered to pay 25% of the damages in a somewhat arbitrary decision. She takes issue with the decision and MMA’s suggestion that the Neighborhood House ask the Town to share in the costs.
Public Works Director Smith referred to his memo dated November 28, 2012 which detailed the events. The video evidence gathered by an area contractor hired by the Neighborhood House suggests the water came from the Town’s storm drain system located in Rock End Road. He has conducted his own video of the storm drain and sanitary sewer systems in Rock End Road and determined the water actually came from the Town sanitary sewer system not the storm drain system. Although the water that flooded the NHH lower level looked clean like storm water, it was actually sanitary sewer that had been diluted by large volumes of extraneous water from the rain event. He suggests the Town’s pipe was overloaded. Chairman Richardson clarified that the pipe under the road belongs to the Town and the pipe from NHH to the
road is NHH’s. Selectman Macauley asked who insures NHH and if they have flood insurance. Ms. Hart replied NHH insures with Merchant Needham, and, no, NHH does not have flood insurance.
Chairman Richardson wondered why MMA refuses to pay now, when under similar circumstances the Town sewer backed up in someone’s basement and the claim was paid. Public Works Director Smith said MMA contends there is no evidence; from the video, the pipe appeared spotless. Chairman Richardson suggested, and Board agreed, that MMA needs to explain why they aren’t paying the claim. Town Manager Lunt was directed to ask the MMA claims representative for an explanation.
D. Acadia National Park Erosion Agreement
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to authorize Town Manager Lunt to sign the Acadia National Park Erosion Agreement. The vote was in favor, 4-0.
VIII. New Business
A. Maine Sea Coast Mission Request for Financial Support of Campfire Coalition
Town Manager Lunt recommends support for the Campfire Coalition. Chairman Richardson said he would prefer they anticipate the need and use the 3rd party request system. Selectman Shubert asked if the Town can still help people in need through General Assistance. Town Manager Lunt replied yes; however that is not always a good source because the guidelines are very tight and it is hard to qualify.
MOTION: Selectman Dudman moved, seconded by Selectman Shubert, to contribute $1,000 from Contingency Fund Account #102-01-509-50 to the Campfire Coalition, with an accompanying letter requesting participation in the 3rd party request system in the future.
DISCUSSION: The question was asked where we stand with contingency funds and Treasurer Mahar replied none has been used this year.
VOTE: The vote was in favor, 4-0.
B. Citizen Request for Street Light on Church Road
Town Manager Lunt reported the request came from Earl Moore, a resident of Church Road. Discussion amongst Board members, residents, and neighbors of Church Road resulted in the conclusion that additional lighting in the area is unwarranted. Selectman Shubert noted on his drive into town this evening he saw streetlights illuminating homes, not streets. We have the least expensive fixtures that contribute to light pollution; we need to move away from the standard streetlight.
MOTION: Selectman Macauley moved, seconded by Selectman Dudman, to accept the request for a street light on Church Road. The vote was defeated, 0-4.
Lelania Avila, a neighbor of Church Road, said she has concerns about dark skys [the lack of] and wondered if we can become a town that has a dark sky initiative. Chairman Richardson noted there is a section of the Town’s Land Use Zoning Ordinance that addresses dark skys, particularly for new lighting. Mrs. Avila went on to say that in her discussions with Bangor Hydro Electric Co., she was told we have many lights and therefore high costs. Addressing dark skys could have the advantage of saving money. Chairman Richardson noted that our streetlights are in place for public safety. Selectman Shubert suggested taking the initiative to present ideas to Planning Board regarding dark skys and streetlights.
C. 3rd Party Request Application 2013-2014 Budget, review
Treasurer Mahar reminded the Board it had agreed that applicants, if approved at Town Meeting, do not have to invoice the Town for funds, and such wording would be placed on the application.
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to approve the 2013-2014 Budget Application as presented with the inclusion of wording advising recipients they no longer need to submit an invoice for appropriated funds. The vote was in favor, 4-0.
D. Police Cruiser Bids
MOTION: Selectman Macauley moved, seconded by Selectman Shubert, to award the cruiser bid to Quirk Ford of Augusta for a 2013 Ford Police Interceptor equipped as outlined in the bid package for $25,588 and funded through account 104-01-507-20. The vote was in favor, 4-0.
E. ADD – Memo of Understanding and Municipal Solid Waste Facility
Selectman Shubert asked if there has been any hint of trouble from neighbors, and Public Works Director Smith said no, and explained there are no plans to put a transfer facility on the land in Bar Harbor. The purpose of the MOU is to support Bar Harbor’s efforts to obtain the land, which in turn will support Acadia Disposal District’s efforts to obtain the $350,000 Congress allocated toward development of an on-island solid waste facility. Selectman Dudman wondered where such a facility would be placed and Public Works Director Smith said ADD is working with CES, Inc. for that purpose. Chairman Richardson asked how the facility will work without the Towns of Bar Harbor and Southwest Harbor. Public Works Director Smith said ADD believes it can make the facility work by saving costs. He reported
Tremont has voted to support the concept.
MOTION: Selectman Dudman moved, seconded by Selectman Shubert, to support ADD efforts related to a municipally owned and operated regional solid waste facility and the contents of the aforementioned MOU. The vote was in favor, 4-0.
F. Treasurer Request to Reduce Carryover of Public Works-Roads 2011-2012
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to approve the reduced carry-over for Public Works – Roads #105-01-503-74 by $1,013.93 to a new amount of $36,986.07. The vote was in favor, 4-0.
G. Town Office Closure for Christmas Luncheon December 21, 2012
Town Manager Lunt explained this is the annual Christmas luncheon which has been held at the Neighborhood House for the past few years. The time is generally 11:30 a.m. to 1:30 p.m.
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to authorize the Town Office to close from 11:30 a.m. to 1:30 p.m. on December 21, 2012 to allow employees to participate in the Christmas Luncheon. The vote was in favor, 4-0.
H. Christmas Eve Early Closure
Town Manager Lunt requested early closure on Christmas Eve day, and suggested noon as an appropriate time.
MOTION: Selectman Dudman moved, seconded by Selectman Macauley, to authorize early closure, at noon, on Christmas Eve day. The vote was in favor, 4-0.
I. Such other business as may be legally conducted
None presented.
IX. Committee Meeting Reports
A. Safety Committee Minutes September 28, 2012 and October 18, 2012
MOTION: Selectman Dudman moved, seconded by Selectman Macauley, to acknowledge receipt of Safety Committee Minutes September 28, 2012 and October 18, 2012. The vote was in favor, 4-0.
X. Treasurer’s Warrants
A. Approve Treasurer’s Warrant #67 in the amount of $316,449.18
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to approve Treasurer’s Warrant #67 in the amount of $316,449.18. The vote was in favor, 4-0.
XI. Executive Session
A. None
XII. Adjournment
MOTION: At 7:37 p.m. Selectman Dudman moved, seconded by Selectman Macauley, to adjourn the meeting.
Respectfully submitted,
John B. Macauley
Secretary
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