Town of Mount Desert
Board of Selectmen
Regular Meeting Minutes
June 6, 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 John Macauley, Rick Mooers, Sumner Rulon-Miller, and Dennis Shubert; staff members Town Manager Durlin Lunt, Fire Chief Mike Bender, Police Chief Jim Willis, Public Works Director Tony Smith Harbormaster Shawn Murphy, 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.
II Public Hearing(s)
A. None
III Minutes
A. Approval of minutes from March 21, 2011 and May 16, 2011
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to approve the minutes from March 21, 2011 as amended. The vote was unanimous in favor, 5-0.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to approve the minutes from May 16, 2011 as presented. The vote was unanimous in favor, 5-0.
In response to Selectman Rulon-Miller’s query regarding follow-up of the human resources and payroll/finance timetable, he was reassured by Town Manager Lunt and Consultant McMillan that information will be brought forth as available. Selectman Shubert asked what is the scope of the project. Town Manager Lunt said they are looking at the entire program to see how it all fits under one umbrella and to what degree upgrades are needed. Further research needs to be done. Upon completion of the research the Board will be presented with options/costs/recommendations. However, Board will receive regular updates during the research process.
IV Appointments & Recognitions
A. Acknowledge receipt of recognition and congratulation letter to Firefighter Bruce Walton on being named Firefighter of the year.
MOTION: Selectman Mooers, with heartfelt congratulations from the Board of Selectmen, moved, seconded by Selectman Rulon-Miller, to acknowledge receipt of recognition and congratulations from State Senator Brian Langley to Firefighter Bruce Walton being named Firefighter of the Year. The vote was unanimous in favor, 5-0.
B. Acknowledge receipt of Thank You letter from Westside Food Pantry and Harbor House to Mount Desert Police Department for participation in “Touch a Truck” event.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to acknowledge receipt of Thank You letter from Westside Food Pantry and Harbor House to Mount Desert Police Department for participation in “Touch a Truck” event. The vote was unanimous in favor, 5-0. Selectman Mooers extended kudos to Chief Willis, who in turn, commended the efforts of Officer Leigh Guildford.
C. Acknowledge receipt of Thank you letter from Knowles Company to Mount Desert Police Department for doing an in house training on safety.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to acknowledge receipt of Thank You letter from Knowles Company to Mount Desert Police Department for doing an in house training on safety. The vote was unanimous in favor, 5-0.
V 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. Accept with regret the retirement of Matthew Heel, full-time dispatcher effective June 1, 2011.
B. Accept resignation of Sumner Rulon-Miller as Investment Committee citizen member, effective May 4, 2011.
C. Accept resignation of Sumner Rulon- Miller as Salary Survey Committee member, effective May 4, 2011.
D. Accept resignation of Sumner Rulon- Miller as Warrant Committee member, effective May 4, 2011.
E. Acknowledge letter to unsuccessful bidders of final determination to award contract for the Northeast Harbor Marina and Public Waterfront Improvement project.
F. Acknowledge receipt of monthly Department Head reports: Assessor and Code Enforcement Officer.
G. Acknowledge receipt of Board of Selectmen meeting schedule and Town Office Holiday schedule.
H. Acknowledge receipt of Acadia Disposal District meeting agenda for June 15, 2011.
Selectman Rulon-Miller requested discussion of item F. Regarding Assessor Avila’s monthly report, he asked what the increase of 20 million in assessed value means in terms of revenue. Town Manager Lunt thought a little over $100,000. And in response to the question of what percentage did the assessment increase by, the answer was 2%.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to accept agenda items A- H. The vote was unanimous in favor, 5-0.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to accept agenda item F. The vote was unanimous in favor, 5-0.
VI Selectmen’s Reports
Selectman Rulon-Miller expressed his opinion that the Board of Selectmen is responsible for the accounting of the Marina project. He wondered how the Treasurer and Town Manager Lunt are administering the budget. He noted the bids were over budget; then a consultant was able to reduce the amount by $350,000 - how was that done? He said he thinks it is the responsibility of the Board of Selectmen to have something in place for cost management. Town Manager Lunt suggested when the Treasurer returns from vacation, that Selectman Rulon-Miller come in and discuss this issue with him. Chairman Richardson stated he does not hold the same concerns. Selectman Rulon-Miller queried doesn’t the Board need to be involved in the minutia of major capital expenses? Chairman
Richardson said he hopes not. Town Manager Lunt assured the Board updates will be continual. Public Works Director Smith commented that from his preceding dealings with the contractor, he is confident regular reports will be provided. Selectman Rulon-Miller said he just wants to be kept posted. Selectman Macauley agreed some degree of oversight is a good idea, due to the length of time it took to get to where we are.
Selectman Rulon-Miller offered to be the Board’s representative for the Investment Committee. Town Manager Lunt said this will be an agenda item for the Board’s June 20, 2011 meeting.
Selectman Mooers commented on how refreshing it was not to have any Old Business on the agenda; it’s good to be moving on.
VII Old Business
A. None
VIII New Business
A. Request from Dennis Smith to waive building permit fees.
Town Manager Lunt reported that Mr. Smith has withdrawn his request.
B. Discussion of memo from Police Chief Willis regarding Thursday nights on Main Street, Northeast Harbor.
Chief Willis referred to his memo dated June 2, and said he has no serious concerns; he is glad to help if that is what the Board directs. He stated he likes to have Board of Selectmen support when town land is used by the public for events [area for suggested use is the municipal parking lot between the Great Harbor Museum and Shaw’s Jewelry]. Selectman Shubert asked Sam Shaw if he felt the Town is doing all that it can to help with this effort? Mr. Shaw replied yes, as are the citizens. Selectman Macauley asked how the evenings are advertised. Mr. Shaw stated, very low key; and said the efforts are “like herding cats”. There are varying opinions and means. The effort is pretty modest; there will not be giant crowds. Sydney Roberts
Rockefeller mentioned there will posters, quieter music, and no amplification. Selectman Shubert asked who the target group is. Ms. Rockefeller suggested people who don’t live in town.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to approve the closing of the municipal parking area between the Great Harbor Museum and Shaw’s Jewelry on Thursday evenings in July and August 2011, to extend support and laud the efforts of this group, and to express appreciation for not closing Main Street. The vote was unanimous in favor, 5-0.
C. Authorize Mount Desert Fire Department to accept donation of one Bullard thermal imaging camera from the Mount Desert Fire & Rescue Association.
MOTION: Selectman Macauley moved, seconded by Selectman Shubert, to authorize the Mount Desert Fire Department to accept a donation of one Bullard thermal imaging camera from the Mount Desert Fire & Rescue Association. The vote was unanimous in favor, 5-0.
D. Recommendation to accept donation of flower planters for Main Street, Northeast Harbor from Sydie Lansing.
Selectman Macauley inquired if a memo of understanding is needed so the Town isn’t left with the maintenance of the planters. Public Works Director Smith commented that issue is addressed in Mrs. Lansing’s e-mail.
MOTION: Selectman Macauley moved, seconded by Selectman Mooers, to accept the donation of flower planters for Main Street, Northeast Harbor. The vote was unanimous in favor, 5-0.
E. Recommendation from the Marine Management Committee for rate change for nightly mooring rentals.
Harbormaster Murphy explained the proposed increase of $10 for the nightly rentals supports the newly approved launch service. The rental of a mooring includes launch service.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to raise the nightly rental rate for #300 and #400 series moorings to $40/night, and raise the nightly rental rate for #500 and #600 series moorings to $55/night.
DISCUSSION: Selectman Shubert asked if the Board could have a discussion regarding the Marina business plan. Harbormaster Murphy suggested an overview of the operations. He stated, as far as the business plan, the Board of Selectmen and Marine Management Committee are the managers of the marina expenses. Board agreed to set a date, at its next meeting, for a workshop with Harbormaster Murphy at the Marina. Selectman Rulon-Miller asked if there is one fee for all moorings, and Harbormaster Murphy explained the fees are set up by the length of the boat. The fees are described in the Marine Management Harbor Regulations. Citizen Anne Funderburk asked how the launch service will be run. Harbormaster Murphy said there will be three captains available 9 a.m. to 9
p.m. through the Harbormaster’s office.
VOTE: The vote was unanimous in favor, 5-0.
F. Authorization for Harbormaster to contract with the On-Line mooring web based program and raising mooring registration fees by $5.00.
Harbormaster Murphy referred to his memo dated May 18, 2011. A great deal of research has been done on various programs. Many towns have switched to the On-Line program and are having great success. He explained it provides more flexibility for mooring users, and frees-up his time. He would implement the program for the next registration period of 2012. Selectman Shubert asked if this is just seasonal, and for transient use. Harbormaster Murphy said no, currently it’s for personal mooring registrations only.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to authorize the Harbormaster to contract with On-Line Mooring for the web-based mooring registration program, and to raise the mooring registration fees by $5.00 – both for the 2012 season.
DISCUSSION: Selectman Shubert asked if the Town owns the data, and Harbormaster Murphy replied yes. Selectman Rulon-Miller asked what the current fees are, and Harbormaster Murphy described them as $50 for residents, $100 for non-residents. Selectman Macauley wondered about liability for loss of data; Consultant McMillan assured the Board they will find out. Selectman Mooers stated he is all for it and appreciates the convenience for mooring owners.
VOTE: The vote was unanimous in favor, 5-0.
G. Approve Bangor Hydro Electric Company utility location permit for one pole on Steamboat Wharf Road, one pole to be located approximately 47 feet southerly from the junction of SA1 (Rt3).
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to approve Bangor Hydro Electric Company utility location permit for one pole on Steamboat Wharf Road, one pole to be located approximately 47 feet southerly from the junction of SA1 (Rt3). The vote was in favor, 4-0-1 with Selectman Shubert abstaining because he has a monetary investment in the poles.
H. Approve Bangor Hydro Electric Company utility location permit for one pole on Steamboat Wharf Road, beginning at pole 2, 366 feet in a southerly direction to pole 5.
MOTION: Selectman Macauley moved, seconded by Selectman Mooers, to approve Bangor Hydro Electric Company utility location permit for one pole on Steamboat Wharf Road, beginning at pole 2, 366 feet in a southerly direction to pole 5. The vote was in favor, 4-0-1 with Selectman Shubert abstaining because he has a monetary investment in the poles.
I. Authorize Town Manager to approve and sign future Bangor Hydro Electric Company application and utility location permits.
Town Manager Lunt explained that the former Board of Selectman had authorized the Town Manager to sign utility pole permits and not have the applications as an agenda item.
Board discussed the pros and cons of not having the applications on the agenda. Some felt that public notice was a good idea, while others felt the applications need not be on the agenda.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to authorize the Town Manager to approve and sign future Bangor Hydro Electric Company application and utility location permits. The vote was in favor, 4-1 with Selectman Macauley voting against.
J. Discussion and possible acceptance of engineering proposal for professional services: Sidewalk Reconstruction Project.
As explained in his memo dated June 2, 2011, Public Works Director Smith reiterated the fact that Hedefine Engineering & Design very successfully provided similar site engineering services for the sidewalk reconstruction done a few years ago in Seal Harbor. The fee is in line with similar projects of this scope. Public Works Director Smith stated his request is for authorization from the Board allowing the Town Manager or Public Works Director to sign the contract allowing work to start July 1, 2011.
Selectman Shubert asked how the Town buys things. He said while reviewing the warrant he wondered if we receive discounts from vendors. Town Manager Lunt described the Town’s Purchasing Policy adopted a few years ago. The vendors provide good prices; and there are no known issues of overcharging. Public Works Director Smith said the Town does receive a discount from some vendors. Selectman Shubert stated he is uncomfortable doing business without a competitive bid. Public Works Director Smith noted the Purchasing Policy states that we do not bid for professional services. When asked why not, he explained the bid process might allow an engineering firm, for example, that wants to get a foot in the door the opportunity to lowball a bid, then overprice
subsequent projects. He said firms that do not give good service have been weeded out. Selectman Shubert asked how many firms are qualified to do this project, and Public Works Director Smith said probably all in Maine. Selectman Shubert asked how much time the firm will spend on the job. Public Works Director Smith referred to the proposal in which Hedefine states “we will provide someone 40 hours per week for the duration of the 150 calendar day construction period.” Selectman Shubert asked when the Board will have an opportunity to discuss details, such as curbing. Selectman Rulon-Miller asked if all curbs will be granite. Public Works Director Smith replied yes, unless told otherwise by the Board of Selectman. A discussion of granite curbs led to Selectman Rulon-Miller noting he has had comments from a few citizens that some curbs are too high for vehicles to open doors. Public Works Director Smith explained the
reason for the high curbs is to maximize the capacity for future paving. Department of Transportation dictates the maximum height. Selectman Shubert asked if the State has any obligations toward sidewalks and Public Works Director Smith replied no.
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to authorize Public Works Director Smith to sign the proposal with Hedefine Engineering & Design, Inc. effective July 1, 2011. The vote was unanimous in favor, 5-0.
IX Committee Meeting Reports
A. Safety Committee Meeting minutes for April 13, 2011.
No action
X Treasurer’s Warrants
A. Approve Treasurer’s Warrant #120 for $753,872.40.
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to approve Treasurer’s Warrant #120 for $753,872.40. The vote was unanimous in favor, 5-0.
XI Executive Session
A. 1 M.R.S.A. § 405 d) Discussion of labor contract and proposal
MOTION: At 7:38 p.m., Selectman Mooers moved, seconded by Selectman Rulon-Miller, to enter into Executive Session for the purpose of 1 M.R.S.A. § 405 d) Discussion of labor contract and proposal. The vote was unanimous in favor, 5-0.
MOTION: at 8:28 p.m., Selectman Shubert moved, seconded by Selectman Rulon-Miller, to close the Executive Session. The vote was unanimous in favor, 5-0.
MOTION: Selectman Shubert moved, seconded by Selectman Rulon-Miller, to pay the union negotiator from the Board of Selectmen Contingency Fund E102-01-509-50. The vote was unanimous in favor, 5-0.
XII Adjournment
MOTION: At 8:30 p.m., Selectman Shubert moved, seconded by Selectman Rulon-Miller, to adjourn the meeting. The vote was unanimous in favor, 5-0.
Respectively submitted,
John Macauley
Secretary
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