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Selectmen Meeting Minutes - 07/05/11
Town of Mount Desert
Board of Selectmen
Regular Meeting Minutes
Tuesday July 5, 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, 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, Finance Director John Graves, and Town Clerk/Recording Secretary Joelle Nolan; and members of the public.  Selectman Sumner Rulon-Miller 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 20, 2011 meeting.

MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to approve the minutes from June 20, 2011 as amended.  The vote was unanimous in favor, 4-0.

Board revisited the minutes from June 6, 2011 to consider amendments suggested by Selectman Shubert.  Selectman Macauley moved, seconded by Selectman Shubert to accept amendments to the June 6, 2011 minutes.  The vote was unanimous in favor, 4-0.

IV      Appointments & Recognitions
A.      Appoint Michael Allen as full time Dispatcher for the Police Department, effective July 18, 2011 at a pay rate of $16.25/hr.

MOTION: Selectman Macauley moved, seconded by Selectman Shubert, to appoint Michael Allen as full time Dispatcher for the Police Department, effective July 18, 2011 at a pay rate of $16.25/hr.  The vote was unanimous in favor, 4-0.

B.      Appoint Michael Pokoney to Buildings and Grounds and Parks & Cemeteries position, effective September 19, 2011 at a base pay rate of $16.44/hr.

MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to appoint Michael Pokoney to Buildings and Grounds and Parks & Cemeteries position, effective September 19, 2011 at a base pay rate of $16.44/hr. effective July 6, 2011.  The vote was unanimous in favor, 4-0.

C.      Appoint Jennifer Guildford as a part-time Marina employee effective July 9, 2011 at a pay rate of $11.00/hr.

MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to appoint Jennifer Guildford as a part-time Marina employee effective July 9, 2011 at a pay rate of $11.00/hr.  The vote was unanimous in favor, 4-0.

MOTION:  Selectman Mooers moved, seconded by Selectman Macauley to take agenda item VII A out of order after agenda item IV C.  The vote was unanimous in favor, 4-0.

VII     Old Business
A.      MeDOT Stanley Brook Bridge Project, construction schedule discussion
Steve Bodge from MeDOT referred to the June 30, 2011 letter.  Selectman Shubert asked for an overview of the issue.  Mr. Bodge laid out the plans (literally) and explained the area of the project, rip rap placement, and walkway to beach.  It was noted the new bridge is 2 feet higher than the existing.  Selectman Shubert asked if the erosion problems have been solved.  Mr. Bodge said the rip rap and plantings should take care of erosion.  The sewer and water works will be done first.

Referring to the revised construction scheduled outlined in the MeDOT letter, Mr. Bodge said they are looking for the best interests of all concerned.  Closing parking lot is a safety issue, due to equipment being used.  Because of the delayed starting date, Lane Construction will lose 3 weeks of alternating one-way traffic time.  Public Works Director Smith said there are still concerns for the four businesses on Main Street that will be affected by the closures.  And in the original discussions work would have begun in October.  Mr. Bodge explained that the project would not happen if started in October due to the IFW regulations regarding the stream; that time frame is July 15 – Oct 15.  

Selectman Shubert asked Police Chief Willis how to deal with people who use the parking lot in September.  Police Chief Willis replied it will be a day to day issue.

MOTION:  Selectman Mooers moved, seconded by Selectman Macauley to support the MeDOT Stanley Brook Bridge project.  The vote was unanimous, 4-0.

Selectman Shubert said it needs to be implied that quicker is better.  Public Works Director Smith said the beach lay down area should be put back the same or better.

B.      MeDOT Stanley Brook Bridge Project, request to place office trailer at
20 Main St, Seal Harbor
Joel Wardwell was present and said the parking lot referred to is the one above the store.   His letter of June 20, 2011 details the request.

MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to approve placement of an office trailer at 20 Main Street, Seal Harbor from late summer through the fall.  The vote was unanimous in favor, 4-0.

C.      Northeast Harbor Marina Renovation Project
Information will be available at the July 18 Board meeting.

MOTION:  Selectman Mooers moved, seconded by Selectman Macauley to take agenda item VIII B, then VIII A, out of order after agenda item V C.  The vote was unanimous in favor, 4-0.

VIII    New Business

B.      Village signs, discussion with Sidney Roberts Rockefeller
Ms. Rockefeller suggested many people don’t understand that the Town Mount Desert is made up of several villages.  Signs are needed to clarify the village lines.  She has spoken with all of the Village Improvement Societies, and people from Somesville and Otter Creek, where there are signs already; everyone seems enthused.

MOTION:  Selectman Mooers moved, seconded by Selectman Macauley to support the concept of village signs.  The vote was unanimous in favor, 4-0.

Ms. Rockefeller will return with conceptual plans.

A.      Mooring Agent Contract, request for addendum
Kerry Taylor, Mooring Agent, was present and referred to her letter dated June 25, 2011. The premise for her request is the additional responsibilities of handling more money, and the tracking and billing.

Chairman Richardson asked her for an overview of what she does.  Ms. Taylor explained: transient boaters looking for a mooring call in on a marine radio; she meets the boater and takes them to an appropriate mooring, collects the fee, and often gives local information.  Mr. Puglisi [Ms. Taylor’s husband and mooring agent partner] further explained that at the end of the season, these fees are divvied up between mooring owners, Town, and mooring agent.  The Town receives 25% of the fee from privately owned moorings, and 100% from floats.  Selectman Shubert asked why it is more difficult to collect the new, additional $10 fee.  Ms. Taylor said the other fees are based on a percentage and she would have to re-write her data base.  The mooring owner doesn’t receive any portion of the $10, nor does the mooring agent.  The mooring agent receives a flat rate depending on the size of the mooring.  There is an added responsibility.  Selectman Macauley observed this is a contract with increased service.

Chairman Richardson asked Harbormaster Murphy to comment.  Harbormaster Murphy said he believes the addendum should have gone to the Marine Management Committee first.  He would like to have the services of mooring agent combined with the launch service; however, that is a future decision for the Marine Management Committee.

Selectman Shubert wondered if the Board is negotiating a business arrangement for someone who works for Harbormaster Murphy.  Chairman Richardson said no, the mooring agent works for the Town.  The Board of Selectmen signs the contract.

Ms. Taylor said she did not know about the launch fee until early June and her contract was received only 6 days before the job began.  She had no time to meet with the Marine Management Committee.  Chairman Richardson to Town Manager Lunt – in the future he would prefer not to have contracts changed once in place.  However, in this case it seems appropriate.  Selectman Mooers agreed, saying the contract was signed in good faith; the change was made afterwards.

MOTION: Selectman Macauley moved, seconded by Selectman Mooers, to approve the addendum to the 2011 mooring agent contract, once the launch service begins, as follows:  the mooring agent will receive $20 per day for the duration of the contract for the collection of the additional $10 fee to be paid the Town of Mount Desert.  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 minutes from Annual Town Meeting May 2 – 3, 2011

B.      Acknowledge receipt of minutes from Special Town Meetings June 14, 2011

C.      Acknowledge receipt of letter sent to Hancock County Commissioners from Southwest Harbor Board of Selectmen regarding Hancock County Regional Communications Center

D.      Acknowledge receipt of Department Head report:  Assessor

Selectman Shubert asked to discuss item C.

MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to acknowledge receipt of Consent Agenda items A, B, and D. The vote was unanimous in favor, 4-0.

Selectman Shubert asked Police Chief Willis to comment.  Chief Willis said the HCRCC is mostly unorganized towns, and their fees are minimal; however we [the town of Mount Desert] would pay more.  Selectman Shubert suggested if the Town was to use HCRCC the cost would be closer to what we pay ourselves now, and Police Chief Willis agreed.

MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to acknowledge receipt of Consent Agenda item C.  The vote was unanimous in favor, 4-0.

VI      Selectmen’s Reports
Selectman Shubert asked Public Works Director Smith about placing speed bumps on route 3 in Seal Harbor.  Public Works Director Smith explained that would be a matter for MeDOT.  Since speed bumps are unsafe, it is unlikely MeDOT will comply; however, he will ask.  Police Chief Willis commented that a multi-faceted approach is effective; the police officers can identify traffic data and report to the Board.  The speed trailer sometimes helps deter speed.  The Police Department tries to balance and be sensitive.

VIII    New Business, continued

C.      Keepers of Baker Island, an introduction
Mr. John Cesari, Executive Director of Keepers of Baker Island, was unable to attend the meeting.

D.      Heating Oil Bid results, and award
Town Manager Lunt explained this is part of a regional bid.  The low bid of $2.93 is within the Town’s $3.00 budgeted figure.  The Town averages 18,000 gallons annually.  Selectman Shubert said he would like more background information.  Town Manager Lunt explained action is need tonight to participate.

MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to accept Acadia Fuel bid of $2.93.  The vote was unanimous in favor, 4-0.

Selectman Shubert asked when was the last time an energy audit of our buildings was done.  Public Works Director Smith said he doesn’t know of one ever being done.  The suggestion has been made; however past Boards declined.  Selectman Shubert said since fuel prices are only going up, it might be a good idea.  He would like the Board to commit to an energy audit.  Town Manager Lunt will try to find funds to have one done in the coming year.

E.      Ticket Booth Cooperative Agreement, approval

MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to approve and sign Ticket Booth Cooperative Agreement.  The vote was unanimous in favor, 4-0.

F.      Approve expenditure from Fire Equipment/Engine Reserve Account #G20-24104-71 for purchase of Fire Department utility vehicle
Fire Chief Bender noted that he received one more bid last Friday from GMC O’Connor for a 2012 in the amount of $37,211; however no equipment, except running boards, was included.  He stands by his recommendation of the 2011 Ford F350 from Darlings.

MOTION:  Selectman Macauley moved, seconded by Selectman Mooers to approve the expenditure from Fire Equipment/Engine Reserve Account #G20-24104-71 for purchase of Fire Department utility vehicle.

Discussion:  Selectman Shubert asked what are the functions of a truck requiring this size.  Fire Chief Bender explained this was discussed at the latest fire meeting.  Not only do the four doors assist with carrying firefighters, there is added flexibility for carrying a skid unit (booster 300 gallon tank for small fires).  It slides in and out of the back; skids don’t work on an F250 size truck.  Also this vehicle can get into narrow driveways.  Selectman Shubert asked if the skid is in the capital budget.  Chief Bender said no, he is trying to get grant.  The cost is generally $6,000 to $9,000.

The vote was unanimous in favor, 4-0.

MOTION: Selectman Macauley moved, seconded by Selectman Mooers, to approve accepting the Darlings bid of $41, 257.  The vote was unanimous in favor, 4-0.

IX      Committee Meeting Reports
A.      None

X       General Issues
A.      Town Manager Evaluation, review of draft comments
Selectman Shubert stated that although he will add his comments, he doesn’t have enough time on the Board to be thorough.  Functions of the Town Manager as separate from the Board were discussed.  Chairman Richardson noted the Town Charter lays out the functions of the Town Manager, which are pretty much set in stone.

There will be an Executive Session at the next meeting to discuss contract matters.  Even though Town Manager Lunt wants the evaluation portion done in public, Selectman Shubert stated it is unfair to talk about team and personnel in public.  Chairman Richardson said the Executive Session can also cover non-public matters.  Chairman Richardson wants to move forward at next meeting.

Selectman Shubert requested Town Manager Lunt to check with Maine Municipal Legal Services regarding accepting a facsimile signature for a treasurer’s warrant.

XI      Treasurer’s Warrants
A.      None

XII     Executive Session
A.      None

XIII    Adjournment.

MOTION: At 7:48 p.m., Selectman Macauley moved, seconded by Selectman Mooers, to adjourn the meeting.  The vote was unanimous in favor, 5-0.


Respectively submitted,


John Macauley
Secretary