Town of Mount Desert
Board of Selectmen
Regular Meeting Minutes
June 20, 2011
A meeting of the Board of Selectmen was held this date in the Somesville Fire House, 1157 Main St, Somesville, Maine.
Those present included: Chairman Tom Richardson; Selectmen, Rick Mooers, Sumner Rulon-Miller, and Dennis Shubert; staff members Town Manager Durlin Lunt, Finance Director John Graves, Fire Chief Mike Bender, Public Works Director Tony Smith Harbormaster Shawn Murphy, and Town Clerk/Recording Secretary Joelle Nolan; and members of the public. Selectman John 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 June 6, 2011 meeting.
MOTION: Selectman Rulon-Miller moved, seconded by Selectman Mooers, to approve the minutes from June 6, 2011 as presented. The vote was unanimous in favor, 4-0.
IV Appointments & Recognitions
A. Appoint Drew Browning as summer helper for Public Works Waste Management, effective June 13, 2011 at a rate of $12.00/hr.
MOTION: Selectman Mooers moved, seconded by Selectman Rulon-Miller, to appoint Drew Browning as a summer helper for the Public Works Waste Management department effective June 13, 2011 at a pay rate of $12.00/hr. The vote was unanimous in favor, 4-0.
B. Appoint Sumner Rulon-Miller as Board of Selectmen member of the Investment Committee.
MOTION: Selectman Shubert moved, seconded by Selectman Mooers, to appoint Sumner Rulon-Miller as the Board of Selectmen member of the Investment Committee. The vote was unanimous in favor 4-0.
C. Acknowledge receipt of Thank You letter from City of Ellsworth Fire Department to Chief Bender for mutual aid.
MOTION: Selectman Mooers moved, seconded by Selectman Shubert, to acknowledge receipt of Thank You letter from City of Ellsworth Fire Department to Chief Bender for mutual aid during a recent Hazmat incident. The vote was unanimous in favor, 4-0.
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. Acknowledge receipt of monthly Department Head reports: Fire, Police, Public Works and Wastewater; May 2011 financials.
Selectman Mooers commented on Fire Chief Bender’s report, specifically the references to the Northeast Harbor Ambulance Service and the need for space. Whether or not the Ambulance Service moves, freeing up space in the municipal building needs to be a priority. Selectman Mooers also extended kudos to Police Officer Ryan Lawson for graduating third in his class from the Police Academy.
Selectman Rulon-Miller applauded Chief Bender and said he now has a better understanding of how he runs his operation. He is impressed with the monthly meetings and trainings. And he agrees with Selectman Mooers’ comments on the Ambulance Service and Officer Lawson. He noted Public Works Director Smith has been vigilant about replacing the municipal garage. Again, he requested a list of capital expenses be presented at every meeting to keep the Board focused. Public Works Director Smith said he plans to have a simplified version of capital expenses at each meeting.
Chairman Richardson suggested having a discussion now, starting with the public works garage. He asked Public Works Director Smith why the costs have increased, and Mr. Smith replied he is now using $125 per square foot for an estimate. He will have a concept plan at the next Board meeting with associated costs. It was noted the previous Board allotted $1,500 for a conceptual plan.
Selectman Shubert asked Public Works Director Smith to explain the process regarding the renovations of the restroom facilities in Seal Harbor and at the beach. He replied, the exterior will probably not change; once the comfort station at the pier is finished, and it is determined what dollars are left, he will consult with Steve Pinkham (Seal Harbor Old Timers) and Chuck Bucklin how to proceed.
Chairman Richardson suggested they address each item on page three of Public Works Director Smith’s May Monthly Report dated June 14, 201. PWD Smith briefly commented on each. Regarding the Northeast Harbor wastewater treatment plant, Selectman Shubert expressed concerns about upgrading a 40 year old boiler rather than replacing.
Chairman Richardson has heard the Northeast Harbor Medical Center is no longer viable for the Ambulance Service. Town Manager Lunt said, yes, there is a problem with locating the addition. Chairman Richardson said two issues remain: egress from the Fire Chief’s office and room for a tanker. There is need for space in general. Last fall he and former Selectman Chuck Bucklin reviewed a series of plans, with the idea of creating a bay for the ambulance. There is space.
Selectman Rulon-Miller suggested temporarily leasing an office trailer for the Fire Chief’s office space. Chairman Richardson thought this was not good idea aesthetically.
Discussion continued regarding construction of ambulance bays, repeating many earlier suggestions. Some thought something permanent should be done now, such as erecting a two bay garage across from the current fire truck bay. Selectman Shubert reminded all that the Public Protection Committee reviewed this issue adnauseum. He wondered if the road to the west of the Meeting Room building could be closed off and an entrance/exit put in. PWD Smith said it could; however, cars would have to back out from the parking lot onto Sea Street, and it would be very expensive because ledge would have to be blasted. Selectman Shubert said expanding the building footprint makes the most sense. PWD Smith agreed that expansion solves a lot of issues.
Once again Seal Harbor Fire Station was suggested for office space. Both PWD Smith and Fire Chief Bender said it does not make sense to have the Fire Chief’s office outside the municipal building. The Chief interacts with the Police and Admin Departments daily; logistically it would be harder to do business. Fire Chief Bender said he has abandoned the plan for two tankers. He is already two years behind the original plan; and is moving ahead with one tanker. Perhaps this will make a difference with the ambulance situation.
Further discussion of an office trailer resulted in the Board requesting Town Manager Lunt to pursue the cost.
MOTION: Selectman Rulon-Miller moved, seconded by Selectman Shubert, to direct the Town Manager to search out pricing for temporary office trailer space. The vote was unanimous, 4-0.
Selectman Rulon-Miller commented on the May 2011 financials, he appreciates visual clarification by the use of red ink. Finance Director Graves described the budget as a conceptual plan. The control figure is what is appropriated at town meeting. Town Manager Lunt said none of the departments are close to being over extended. Although we try to stick to the budget lines, as long as expenditures stay within the approved warrant article we are all right. Selectman Shubert suggested it might be a good idea for the newbies to sit with Town Manager Lunt and Finance Director Graves to go over last year’s budget to get up to speed. Chairman Richardson noted the format of this report is different. Finance Director Graves said the next report will be back to the
usual format.
B. Acknowledge letter sent to Maine Municipal Association Health Trust regarding the recent change to the Point of Service 200 health insurance plan.
MOTION: Selectman Mooers moved, seconded by Selectman Shubert to acknowledge the letter sent to Maine Municipal Association Health Trust regarding the recent change to the Point of Service 200 health insurance plan. The vote was unanimous in favor, 4-0.
C. Results from the Special Town Meetings, June 14, 2011 for Elementary and High School Budget validation.
MOTION: Selectman Mooers moved, seconded by Selectman Rulon-Miller, to acknowledge receipt of Consent Agenda item C. The vote was unanimous in favor, 4-0.
VI Selectmen’s Reports
Selectman Shubert reported there might be an insurrection in Pretty Marsh. He has had questions as to how the town deals with spending money within each village. Chairman Richardson explained it depends on the reason behind the request and/or need. For instance, much of the money appropriated for the Seal Harbor Village Improvement Society goes to the maintenance of the village green, pathways, and beach. If the VIS didn’t take care of these, the Town would have to. If a village has Town owned property, there may or may not be needs. Selectman Shubert suggested some of the public appearance in Otter Creek needs attention. Chairman Richardson said if villages have issues they should come to the Board of Selectmen. That is what the Public Agencies (also
known as third party requests and other services) budget lines address.
Selectman Rulon-Miller said Pretty Marsh has an excellent organization that holds meetings in the old school house. He is good friends with a member and hasn’t heard of any needs. Citizens Ruth and Robert Mitchell agreed the Pretty Marsh Community Association meets regularly. At its last meeting it was suggested to possibly delegate someone to approach the Board of Selectmen with issues. The lack of Red Zone internet service may be an issue they want to discuss. Selectman Shubert said internet access is not trivial. If the Town is trying to attract business people, they cannot work without internet service. Selectman Rulon-Miller noted the Planning Board is currently having a public hearing on a Conditional Use Application for a cell tower in Pretty Marsh. It was noted the previous Board of Selectmen very carefully reviewed the cell tower issue. They were approached by a vendor who couldn’t provide service to all villages. Selectman Shubert mentioned that a cell tower is
not adequate for internet service. Chairman Richardson said the Board is always glad to hear from residents. Town Manager Lunt said when the Red Zone and Time Warner contracts are due for renewal, they will be carefully considered. As a matter of fact, the Town will most likely join the local consortium for cable service.
VII Old Business
A. Town Manager evaluation process, set schedule.
Chairman Richardson asked if everyone agrees to use Selectman Mooers’ form, and they replied yes. However, everyone needs a complete set of the forms. Town Manager Lunt said he prefers to do the business part of the contract in Executive Session, and the performance evaluation in public. Selectman Mooers reminded Town Manager Lunt that they need a copy of his goals too. Selectman Mooers suggested Board members bring to the July 5 meeting draft comments, then a consensus can be formed.
B. Report from Town Assessor Avila regarding summary of Town owned property.
Selectman Rulon-Miller will review the list of property with Assessor Avila. He is looking for vacant land and deed restrictions. He will bring a report to the Board. Chairman Richardson asked what he hopes to learn, and Selectman Rulon-Miller said he is looking for the best use of the land, restrictions, etc.
C. Approve $647 from Selectmen Contingency Fund E102-01-509-50 paid to John Stanley for Rural Wastewater Support Program payment.
Chairman Richardson explained not all of the $647 payment came from contingency because there was a small amount of money left in the RWWSP fund.
MOTION: Selectman Mooers moved, seconded by Selectman Rulon-Miller, to ratify that payment shall not exceed $647 from Selectmen Contingency Fund E102-01-509-50 to John Stanley for the Rural Wastewater Support Program 2010 payment. The vote was in favor, 3-0-1. Selectman Shubert explained he abstained because he is not sure he would agree and out of respect to the decision of the prior Board of Selectmen.
D. DEP Administrative Consent Agreement and Supplemental Environmental Project proposal for Somesville Wastewater Treatment Facility, authorization.
MOTION: Selectman Mooers moved, seconded by Selectman Rulon-Miller, to approve and sign the proposed Administrative Consent Agreement regarding wastewater discharge license violations at the Somesville wastewater treatment facility, along with the Supplemental Environmental Project (SEP) proposal and authorize payment. The vote was unanimous in favor 4-0.
E. Egress from Fire Chief’s office, discussion
See prior discussion under Consent Agenda.
VIII New Business
A. Authorize Somesville VIS to install a light on Town owned support pole to illuminate flag.
MOTION: Selectman Mooers moved, seconded by Selectman Shubert, to authorize the Somesville VIS to install a light on the Town owned support pole to illuminate a flag. The vote was unanimous in favor, 4-0.
B. Award Paving Bid for FY-2012, and authorize expenditure of up to $15,000 from Public Works Road Reserve Account G20-24105-73.
MOTION: Selectman Shubert moved, seconded by Selectman Rulon-Miller, to Lane and additional monies from reserve account. The vote was unanimous in favor, 4-0.
C. Authorize surplus equipment for sale by bid.
MOTION: Selectman Mooers moved, seconded by Selectman Rulon-Miller, to authorize the sale of surplus equipment by bid, per the list presented by Fire Chief Bender. The vote was unanimous in favor, 4-0.
Selectman Shubert asked what the bid process is. Fire Chief Bender explained we will advertise the items in the local papers and Department Heads will evaluate the bids.
D. Discussion of update to Marina Business Plan, and schedule work session.
Selectman Shubert reported that he has spent time with Town Manager Lunt reviewing this issue. He commented that some very smart people put the marina in place. He firmly believes in transparency and accountability; and he is committed to improving the marina. He believes in the project, but thinks the decision on how to pay for it should have come first. He said he also believes the marina is self supporting. He queried what the marina is, and suggested: Boaters and yachtsmen and services to them. He noted Harbormaster Murphy has worked on the business plan and put a lot of time into gathering information. He certainly operates the marina to the best of his ability. Harbormaster Murphy said he needs direction to take to the Marine Management
Committee. Selectman Shubert suggested we first need to define what the marina is, what the confines are, and where does the marina end and the town begin. Selectman Shubert continued, saying we need a fair market value of cost. He suggested the Town Manager and Finance Director can do the spreadsheets. He thinks not enough thought has been given to competing with other marinas. We know the marina is a big draw.
Chairman Richardson said the Town Manager and Finance Director may not have the time and ability to do what Selectman Shubert is suggesting. Even though we may not have some of the same services as other marinas, if we are looking at increasing revenue he is not sure what gain there will be from developing spreadsheets and putting a lot of time and effort into a business plan. What is the purpose of comparing Northeast Harbor Marina to Dysart’s and Wayfarer? Selectman Shubert said he has a philosophical difference; he likes detail and takes nothing on faith.
Harbormaster Murphy noted that the marina can currently make the bond payment; however, he reminded the Board, it is also supporting three additional harbors. Before the enterprise fund was put in place, five years ago or so, at annual town meeting the marina contributed $100,000 to the general fund. The whole concept was getting the $100,000 right off the top - to reach a number. Can we accurately charge the marina for what it is receiving for town services? Should the town be covering those services? Town Manager Lunt agrees with Harbormaster Murphy that the original concept started with a number; then a variety of factors, such as solid waste collection and road maintenance, were applied to come up with a payment. He suggested formulas can portray true cost of doing
business. He would like to look at all services and come up with a reasonable figure.
Harbormaster Murphy said for the five years he has been harbormaster, a lot of time and effort has been put forth to set the fees at the marina. He surveys other harbors and does comparisons. Northeast Harbor has consistently been above many other harbors with boat traffic.
Chairman Richardson said the enterprise fund resulted from money coming in from the harbor. It doesn’t matter who pays; it’s still all coming from taxpayers.
Selectman Shubert said forget the business plan and talk about a reasonable budget. He needs an explanation on how decisions are made regarding revenue. He’d like to be able to give answers to the question: are the harbors supporting themselves. Robert Mitchell shared his thought: as far as marina revenue is concerned, there is some relationship as to what the town has to offer, in addition to the harbor. For instance, Northeast Harbor doesn’t have as much to offer [boaters and tourists] as in the past. Harbormaster Murphy agreed that uptown has been an important factor; there is a need to work together with businesses on Main Street.
Chairman Richardson asked Finance Director Graves if the enterprise fund can’t make the bond payment is the enterprise status lost. Finance Director Graves replied not necessarily; there are additional criteria to meet. Chairman Richardson commented that the harbor is still a part of the town; what difference does it really make? Harbormaster Murphy said the first time there is a warrant article to make a marina bond payment, there will be an issue. The whole premise was that the marina could pay.
Selectman Shubert suggested not many tax payers use the marina services. We need to be careful of the definition of the enterprise fund and how it is paid. We need to be able to explain to the taxpayers. Chairman Richardson said the Board at time of the bond issue did not think the enterprise fund could pay for it; that is why the general obligation bond was done.
Selectman Rulon-Miller said Harbormaster Murphy has done a great job pricing out the project. Perhaps a breakout of expenses/services, by line item, would clarify a lot. And outlining expenses town is providing.
Chairman Richardson asked Selectman Shubert what he needs. Selectman Shubert asked Harbormaster Murphy if he has a clear idea of where the marina stops and town begins. Selectman Shubert suggested he decide and bring it to Board for discussion.
E. Guaranteed Annual Tonnage penalty and trading period discussion.
Public Works Director Smith reviewed his memo dated June 15, 2011. Simply put, he is asking for authorization to reduce the town’s guaranteed annual tonnage of municipal waste under the town’s charter agreement with PERC and the Municipal Review Committee to avoid future penalties. The reduction in GAT tons would be from 1,944 to 1,748.
MOTION: Selectman Shubert moved, seconded by Selectman Mooers, to approve the reduction GAT tons to 1,748 and to authorize Public Works Director Smith to sign the GAT Trading Request Application. The vote was unanimous in favor, 4-0.
F. Utility Location Permit, intersection of Rowland Road and Cooksey Drive.
MOTION: Selectman Shubert moved, seconded by Selectman Mooers, to approve the Utility Location Permit for Robert M. and Anne T. Bass on their lot located at 72 Rowland Road, Seal Harbor.
DISCUSSION: Tim Brochu from CES, Inc. and agent for Mr. and Mrs. Bass, introduced himself and explained the purpose of the permit: in order to install the proposed force main sewer line within the Town’s road/right-of-way, approval must be granted by the Board of Selectmen. Selectman Shubert asked who owns the sewer line after implementation, and he was told the Basses. When asked what else is under the road, Mr. Brochu replied two private force mains. It was determined that it is unlikely the town would need to put anything in this area. Who has obligation to inspect? The town’s Code Enforcement Officer during the process. Who after? No one. How do we know if it is staying place? Public Works Director Smith said it would be
evident if it didn’t.
VOTE: The vote was unanimous in favor, 4-0.
IX Committee Meeting Reports
A. None
X Treasurer’s Warrants
A. Approve Treasurer’s Warrant # 125 for $731,731.42.
MOTION: Selectman Mooers moved, seconded by Selectman Rulon-Miller, to approve Treasurer’s Warrant # 125 for $731,731.42.
DISCUSSION: Selectman Shubert asked what Affiliated Healthcare quarterly retainer fee represented. Town Manger Lunt explained Affiliated Health administers the Employee Assistance Program which offers services, such as counseling, to employees at no additional charges. Why do we retain? Town Manager Lunt thought it probably would not be available otherwise. It is a well utilized program. Selectman Mooers expanded on the merits of the program, explaining he is very familiar with the program through his work. Chairman Richardson asked Public Works Director Smith about the payment to Cadillac Builders; why was there no bid. He explained this was part of work that was bid. Chairman Richardson asked if the payment for health insurance premiums was for June
or July, July.
VOTE: The vote was unanimous in favor, 4-0.
XI Executive Session
A. None
XII Adjournment
MOTION: At 8:35 p.m., Selectman Mooers moved, seconded by Selectman Shubert, to adjourn the meeting. The vote was unanimous in favor, 4-0.
Respectively submitted,
Secretary, Pro Tem
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