Town of Mount Desert
Board of Selectmen
Special Meeting Minutes
April 29, 2011
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 Jean Bonville, Chuck Bucklin, and Rick Mooers, Town Manager Durlin Lunt, Harbormaster Shawn Murphy, Code Enforcement Officer Kim Keene, Town Clerk/Recording Secretary Joelle Nolan, and members of the public.
I Call to order at 3:00 p.m.
Chairman Richardson called the meeting to order at 3:00 pm.
II Minutes
A. Approve minutes from April 19, 2011 regular meeting.
MOTION: Selectman Bucklin moved, seconded by Selectman Bonville, to approve the minutes from the April 19, 2011 regular meeting as amended. The vote was unanimous in favor, 4-0.
III Appointments and Recognitions
A. Appoint Steve Dugay as summer helper for Building & Grounds Division of Public Works effective May 2, 2011 at a rate of $13.00/hr.
MOTION: Selectman Bucklin moved, seconded by Selectman Bonville, to appoint Steve Dugay as summer helper for Building & Grounds Division of Public Works effective May 2, 2011 through mid-October at a rate of pay of $13.00/hour. The vote was unanimous in favor, 4-0.
IV Consent Agenda (These items are considered to be routine, and therefore, will not be allotted Selectmen discussion time on the agenda. The items may be passed by the Selectmen in one blanket motion. Any Board member may remove an item from the “Consent” portion of the agenda for discussion or questions by requesting such action prior to consideration of that portion of the agenda.)
A. None presented.
V Selectmen’s Reports
Selectman Bonville stated there were some reports missing from the 2010 Annual Town Report, including, but not limited to the general ledger, personal property taxes, and certain pages from the audit. It appears the audit pages are from the first audit [prior to being corrected], and the auditors comments are missing. Chairman Richardson suggested offering a handout containing the necessary information.
MOTION: Selectman Bonville moved, seconded by Selectman Bucklin to have a handout compiled containing the general ledger figures from the 2009-2010 audit, and noting that the complete audit is available at the Town Office. The vote was unanimous in favor, 4-0.
Sumner Rulon-Miller asked about public access to the auditor’s comments, specifically the Management letter; didn’t it offer corrective suggestions. Board agreed it was sufficient to refer to the availability of the complete audit at the Town Office.
Selectman Mooers asked why this special Board meeting was called; he stated he had to take time off from work and would have appreciated knowing the purpose of the meeting beforehand. Chairman Richardson explained the urgency of the marina project bid.
VI Old Business
A. None presented.
VII New Business
A. Award Marina Project bid to E. L. Shea for a total not to exceed $2,027,601.50
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin to award the marina project bid to E. L. Shea for a total not to exceed $2,027,601.50.
DISCUSSION: Rick Savage spoke on behalf of the Marina Project Working Group committee. He stated there are concerns regarding the new State codes and mandates. The necessary changes to comply could result in over $200,000 additional electrical costs. Noting that the bids all came in higher than anticipated, he said they worked hard with CES, Inc., E. L. Shea, and Chuck Bucklin to pare down the costs without compromising the project. Mr. Savage called on Noel Musson from CES, Inc. and Mr. Musson gave examples of some of the cost cutting measures. For instance, the north parking lot will not be altered, some of the beautification projects won’t be done, less granite will be used, some lighting fixtures have been changed, and the decorative dormers have been removed
from the buildings. He went on to say that having the budget set before bids specs was awkward. All four bids received were over budget; they chose to work with E. L. Shea to reduce the costs. They strived to reduce the costs without losing the attributes of the project. Along with some reduction in the landscaping, the benches have been taken out; as have the solar panels. LED lighting was changed to high pressure sodium. There is a two page list of items that were cut. The goal is to have the Board award the bid and authorize the signing of a contract by the end of the month which will ultimately result in savings of the electrical costs.
Chairman Richardson asked what the net effect in parking changes is. Mr. Musson said the number of spaces will stay pretty much the same; re-striping will help. Selectman Mooers agreed that there will not be a net loss of spaces.
Selectman Bonville referred to the two page list of changes, and asked about the paving base. Mr. Musson said the reduction from 4 inch to 3 inch will not make a significant difference in the areas chosen; they will maintain 4 inch in the heavy truck area. Selectman Bonville commented that 3 inches of loam isn’t much. She also questioned the use of a lesser grade of carpet and tile. Mr. Musson replied that the tile size is smaller, but the grade remains the same. Selectman Bonville also noted that the money for furniture had been removed. Selectman Mooers thought the Chamber of Commerce might be able to supply their own office furniture.
Mr. Musson reviewed the cost reductions, and the CES, Inc. costs. The total construction contract is $2,027,601.50, and CES, Inc. costs equal $172,375 for a total cost of $2,199,976.50.
Selectman Bonville remarked she is unsure if it’s right or wrong that the decision was made to work with E. L. Shea because all bids were over $2,200,000; however, she does see the difference as substantial, from the request for bids language. Town Manager Lunt stated he has talked with the Town’s attorney who assured him the process is legal. Attorney Hamilton has reviewed the Town’s procurement policy, the bid language, and noted that the Board has previously accepted bids other than the low bid. He will review the “non-award letter” before it is sent.
Mr. Musson reiterated that the bid documents allow the Board to accept or reject any bid. When the Committee saw that all bids came in high, it thought E. L. Shea would be the best contractor to work with to reduce the costs. Jim Bright said the Committee did consider re-bidding, however, the contract needs to be in place by the end of April to avoid the $200,000 in additional costs due to the State Electrical Code changes. Mr. Musson said they had heard from the State Electrical Inspector and others that the State is getting ready to adopt a new code in May.
Mr. Rulon-Miller wondered if a contract could be made for just the electrical work. Mr. Musson explained the impracticalities of such a move.
Chairman Richardson asked if the contract is ready to sign now. Mr. Musson indicated it should be complete by next week. However, having a formal vote by the Board today and a contract in the works, will avoid the increased in electrical costs.
Mr. Bright asked that there be a clause in the contract allowing access to the bulk heads at all times during the project. Harbormaster Murphy said that E. L. Shea is aware of that issue.
VOTE: The vote was in favor, 3-1, with Selectman Bonville against. She declared she is not at all opposed to the project; however she disagrees with the manner in which the Board received (or did not) information, and she expressed concerns about the amount of cost reduction based on the bidding process.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to authorize Town Manager Lunt to sign the Marina Project contract between the Town and E. L. Shea. The vote was in favor, 3-1, with Selectman Bonville against.
B Request from Steve Faloon for a fund raising event for National Multiple Sclerosis Society to use the Northeast Harbor Town Dock Parking Area, May 21, 2011 as a rest area for participating event riders.
Town Manager Lunt said Chief Willis has reviewed the request and is agreeable. There will be somewhat less than 75 bikes.
MOTION: Selectman Bonville moved, seconded by Selectman Bucklin, to approve the request from the National Multiple Sclerosis Society for its fund raising event use of the Northeast Harbor Town Dock parking area as a rest area for participating event riders on May 21, 2011. The vote was unanimous in favor, 4-0.
VIII Committee Meeting Reports
A. None presented.
IX Treasurer’s Warrants
A. None presented.
X Executive Session
A. None presented.
XI Adjournment
MOTION: At 3:39 p.m., Selectman Mooers moved, seconded by Selectman Bucklin, to adjourn the meeting. The vote was unanimous in favor, 4-0.
Respectively submitted,
John Macauley
Secretary
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