Town of Mount Desert
Board of Selectmen
Regular Meeting Minutes
July 18, 2011
A meeting of the Board of Selectmen was held this date in the Seal Harbor Community Room, Seal Harbor Fire Station, Seal Harbor, Maine.
Those present included: Chairman Tom Richardson; Selectmen, Rick Mooers, and Dennis Shubert; staff members Town Manager Durlin Lunt, Finance Director John Graves, Police Chief Jim Willis, Public Works Director Tony Smith, Harbormaster Shawn Murphy, Code Enforcement Officer Kim Keene, Consultant Elizabeth McMillan, 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 order at 6:30 p.m.
II Public Hearing(s)
None
III Minutes
A. Approval of minutes from July 5, 2011 meeting.
MOTION: Selectman Shubert moved, seconded by Selectman Mooers, to approve the minutes from July 5, 2011 as presented. The vote was unanimous in
favor, 3-0.
IV Appointments & Resignations
A. Accept with regret resignation of Audit Assistant Kathi Mahar effective August 2, 2011
MOTION: Selectman Mooers moved, seconded by Selectman Shubert, to accept with regret resignation of Audit Assistant Kathi Mahar effective August 2, 2011. The vote was unanimous in favor, 3-0.
B. Appointment of a Board of Selectmen liaison for the Human Resource/Financial Software project.
MOTION: Selectman Shubert moved, seconded by Chairman Richardson, to appoint Selectman Macauley and Selectman Shubert as liaisons for the Human Resource/Financial Software project. The vote was in favor, 3-0.
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 Department Head reports: Fire, Police, Public Works, Wastewater Treatment, and Finance Director Preliminary June 2011 Financials.
MOTION: Selectman Mooers moved, seconded by Selectman Shubert, to acknowledge receipt of the Department Head reports.
DISCUSSION: Selectman Shubert asked Finance Director Graves to explain unexpended balances. Finance Director Graves said they are moved to the fund balance at the end of the year; fund balance is unallocated. Selectman Shubert asked what is counted on for this budget; Finance Director Graves replied $300,000 will be used as needed once the actual amount is determined. There are also carry-overs to finalize, which will be subtracted from the fund balance. Chairman Richardson noted the marina picked up quite a bit of revenue, and Finance Director Graves noted that is typical this time of year.
The vote was unanimous in favor, 3-0.
MOTION: Selectman Shubert moved, seconded by Selectman Mooers, to take agenda item IX Committee Meeting Reports out of order. The vote was unanimous in favor, 3-0.
IX Committee Meeting Reports
A. Summer Residents Association and Revitalization Committee members Elaine (Lainie) Lincoln and Hamilton Clark reported. The Revitalization Committee met several times throughout the winter with the marvels of modern technology. As for Northeast Harbor, the committee is stepping back and allowing Bob Ho to move forward with his multi-business building project. The committee is still very concerned with the water side of the Northeast Harbor Marina project. They would like more expansion and to see it more user friendly for everyone, such as including a restaurant, and water transportation to and from Asticou. However, they are not pushing this for now; it is only in the possible discussion stage. Chairman Richardson noted that the
shorefront is either owned by the Town or privately.
Mrs. Lincoln remarked how pleased they are about the plans for new sidewalks. An offshoot of the Revitalization Committee is a task force that has worked with the local Village Improvement Societies; they are currently working on village signage, and have developed an attractive decal promoting “Buy Local” for the Town of Mount Desert. The Revitalization Committee will continue to meet throughout the winter, but not as often. The task force is the real driving force. Mrs. Lincoln extended a big thank-you to Town Manager Durlin Lunt and noted he was a tremendous help to the committee and offered a great deal of support.
Mr. Clark suggested the village green could be used more, such as for a farmers’ market, antique shows, etc., after the completion of the Marina project in 2012. Town Manager Lunt stated there is an ordinance on the back burner to help with such uses. Chairman Richardson said he has concerns with the ordinance in its current form; it is a little vague. Specificity may be needed even though it creates volumes. Good starting point.
Selectman Shubert asked what the target audience is for the Revitalization Committee. Summer people? Day trippers? Mrs. Lincoln replied there is no target group; the goal is to reach and include the entire town. Selectman Shubert said he has concerns that the town will function only two months a year. Mrs. Lincoln said it is time to make the town more livable and viable for year round people and she sees the Ho project doing that.
Chairman Richardson said he appreciates the efforts of the committee; good ideas are being generated. Town Manager Lunt commented on the nice mix of summer and year round residents working together.
VI Selectmen’s Reports
Chairman Richardson said there is a missing parking spot at the Seal Harbor dock. Public Works Director Smith said it can be corrected. Harbormaster Murphy noted a parking space and a half has been used on the bulkhead as a loading zone for fishermen’s traps. Boats use that other than the main pier.
VII Old Business
A. Village signage, update.
No further information at this time.
B. Maine Uniform Building and Energy Code – LD 1416, update.
Town Manager Lunt explained the law has changed the minimum population required to allow a town to opt out from <2000 to <4000. We now have an option we didn’t have before. Our Code Enforcement Officer’s job would be seriously jeopardized if she has to inspect buildings. We would need to add at least a part-time position to assist her. If the town opts out, it would make residents financially responsible to do the inspections.
CEO Keene further explained, due to the recent law change, as of September 24, 2011 the town can opt out of all, some, or none of the MUBEC. She plans to continue her efforts to become certified. However, the requirements for inspection and plan review are very detailed (7 page templates). If she is required to inspect buildings under the MUBEC, her other duties (CEO, plumbing inspector, Planning Board, etc) will suffer. She would like to have the Town opt out of MUBEC.
Chairman Richardson asked if the town opts out or not, must homeowners still comply. CEO Keene replied yes; and many mortgage companies and insurers are requiring compliance now. The State has even told CEOs they must educate contractors.
Contractor/resident (and former Selectman) Chuck Bucklin said he doesn’t think the town should adopt MUBEC. Only two people out of a 15 member State committee saw through the completion. There are still many problems, such as in the energy part - who is going make owners insulate their summer cottages.
Discussion continued on the pros and cons on who should be inspecting buildings and why, and enforcement. CEO Keene stated she is looking at life safety and occupancy. Comments included: contractors and homeowners could agree to forego unnecessary pieces of MUBEC which might result in some safety issues not being observed; if a contractor builds a home and a wall caves in, it is the contractor that is liable; it should be the homeowners’ responsibility to hire reliable contractors; everything in the code represents something that went wrong; global warming is no joke; are we as a community going to accept responsibility.
Chairman Richardson prompted a discussion about who adopts the new code: the Board or Town Meeting. CEO Keene suggested it would be Town Meeting. Board requested CEO Keene to research the MUBEC adoption requirements and third party inspections and return with an update at the Board’s August 15th meeting.
C. Finance and Human Resources project, update.
Human Resource Consultant Elizabeth McMillan presented the Board with an organizational chart for restructuring the finance positions and a letter of endorsement from town auditor James Wadman. Mr. Wadman cites the use of Best Practices and internal controls. Town Manager Lunt and Ms. McMillan will be meeting with the Salary Survey Committee next month to review and reconfigure the salary matrix and job descriptions. Then they will be providing the Board with more detailed information.
D. Municipal Garage: preliminary concept plan, associated costs, and design/construction options, discussion.
Public Works Director Smith referred to the Hedefine Engineering and Design letter of July 14, 2011 and plan. The proposed building is considerably larger than the current one; however, the spaces as shown may be re-organized. They are using an estimated total cost of $1.8 million which includes $35,000 in contingency funds. In planning for having both gender employees, a second bathroom and locker rooms have been added. The work area is purposely large to accommodate plow trucks with wings, school buses, and fire trucks. He said he is expecting the State to require the town to plow more of its roads.
Selectman Mooers commented that some time ago there were discussions regarding adding a roof to the sand/salt building. Public Works Director Smith said research was done years ago and money was set aside; however the plan was abandoned. Selectman Mooers wondered if it would be better to do it now in case it becomes mandatory. Public Works Director Smith said it’s a roll of the dice. He has heard no rumblings from State. The cost could be as high as half a million dollars.
MOTION: Selectman Shubert moved, seconded by Selectman Mooers to take agenda item VIII New Business B and C out of order. The vote was unanimous in favor, 3-0.
VIII New Business
B. Request from Episcopal Church for use of parking lot next to Great Harbor Museum for art show
On behalf of the Episcopal Church group, Rosalind Lewis explained the the event, in support of Haiti Outreach, will take place Saturday, August 27 in the space between Shaw Jewelry and the Great Harbor Museum. The tents will be erected the night before. Police Chief Willis has discussed this with Sydney Roberts Rockefeller. Organization with the Northeast Harbor Ambulance Service race committee is key. The Town will incur some costs from providing police officers to monitor traffic. However, he sees no problems. Selectman Mooers commented that events such as these represent a step forward in the revitalization of the Town; good idea to endorse.
MOTION: Selectman Shubert moved, seconded by Selectman Mooers, to approve the request from the Episcopal Church for the use of the parking lot between Shaw Jewelry and the Great Harbor Museum for an art show on Saturday, August 27, 2011. The vote was unanimous in favor, 3-0.
C. Request from John Rosenfeld for a waiver as stated in the Town of Mount Desert Sewer Ordinance, Article 4.04.
Mr. Rosenfeld was present. Public Works Director Smith noted the request is in conformance with Town ordinances.
MOTION: Selectman Mooers moved, seconded by Selectman Shubert, to approve the request from John Rosenfeld for a waiver as stated in the Town of Mount Desert Sewer Ordinance, Article 4.04. The vote was unanimous in favor, 3-0.
VII Old Business, continued
E. Northeast Harbor Marina Reconstruction Project, discussion with CES, Inc.
MOTION: Selectman Shubert moved, seconded by Selectman Mooers, to table discussion with CES, Inc. regarding Northeast Harbor Marina Reconstruction Project to a date uncertain. The vote was unanimous in favor, 3-0.
VIII New Business, continued
A. Citizen letter concerned with construction noise and work hours, noise ordinance request.
Withdrawn.
D. Request from Hancock County Commissioners for donation of property to house Regional Communication Center and Emergency Management Agency.
Board noted it was unaware of any available property that would adequately house a Regional Communication Center and Emergency Management Agency.
MOTION: Selectman Mooers moved, seconded by Selectman Shubert, to approve the request from Hancock County Commissioners for donation of property to house a Regional Communication Center and Emergency Management Agency. The vote was unanimous against, 0-3. The motion failed.
Board agreed no response is necessary.
E. Sidewalk Plow Leasing, bid award.
After a brief discussion:
MOTION: Selectman Shubert moved, seconded by Selectman Mooers, to award the sidewalk plow leasing bid to Vikings Cives, as recommended by Public Works Director Smith. The vote was unanimous in favor, 3-0.
G. 2011 General Obligation Bond- Sidewalks, Camden National Bank bid
Finance Director Graves explained this is informational only. A bid letter was mailed to several banks earlier this month. More information will follow in August. Selectman Shubert said People’s United didn’t receive a letter. Finance Director Graves will check on that.
MOTION: Chairman Richardson moved, seconded by Selectman Mooers, to table this until the next Board meeting on August 1, 2011. The vote was unanimous in favor, 3-0.
H. Marina Enterprise Fund Budget, adoption
Selectman Shubert asked if we have already drawn on this note and Finance Director Graves replied yes. In referring to his memo dated July 14, 2011 Finance Director Graves explained last fall it became obvious that the construction phase of the Marina project was not going to start during the 2010/2011 fiscal year, and there would be very little money drawn on the bond. Since Bar Harbor Bank was treating this is like a construction loan, he and the Bank decided to delay payments a year; however, the bond attorney said the town could not enter into a new repayment schedule without reissuing the bonds. The alternatives were to see if the bank would allow us to forego this year’s payment and make two payments the following year, or to make the scheduled payment, which would avoid a
special town meeting.
A discussion followed regarding availability of funds [marina? Unrestricted reserve? Marina equipment reserve?], Board’s authority to appropriate funds, and marina revenue.
MOTION: Selectman Shubert moved, seconded by Selectman Mooers, to adopt the Marina Enterprise Fund budget as recommended by Finance Director Graves.
Selectman Shubert commented that the information provided was well thought through. Chairman Richardson expressed concerns and recommended defeating the motion and addressing when Selectman Macauley is present.
It was discovered that pages were missing from Finance Director’s memo.
The vote was in favor, 2-1; however the motion was defeated due to lack of a positive vote quorum of 3.
I. Maine Municipal Association Annual Election- Vice President and Executive Committee Members.
No action taken.
J. Payroll and State Fee warrants, use of facsimile signatures, discussions.
Town Manager Lunt explained that payroll and state fee warrants are weekly and each needs a signature. And he reported it is the Maine Municipal legal opinion that as long as we eventually obtain an original signature, a facsimile signature is acceptable on Treasurer’s Warrants requiring a single signature. The document requiring a signature can be sent to a Selectman via e-mail, printed, signed, scanned, and e-mailed back to the town office. The “original” then can be brought in at the convenience of the Selectman. This would be an option only when absolutely necessary; an original, in person, signature is always preferable.
MOTION: Selectman Shubert moved, seconded by Selectman Mooers, to accept the use of facsimile signatures on those Treasurer’s Warrants requiring a single signature, with the understanding that this option will be used only as absolutely necessary.
COMMENT: Selectman Mooers stated expediency is not always in the best interest of the Town, however he will not stand in the way of progress.
VOTE: The vote was unanimous in favor, 3-0.
K. Board vacancy, discussion
Chairman Richardson acknowledged the passing of Selectman Sumner Rulon-Miller last week. He stated it is very sad and very unfortunate for his family and the Town. During the past few years, Sumner was often referred to as the 6th man of the Board; in May he finally got a chance to fulfill his wish to officially serve the Town.
The issue at hand is how to fill the remaining one year term expiring May 2012. Chairman Richardson explained the Board has the option of holding an election, appointing someone, or go forth with only four members until the elections in May 2012. He said he prefers appointing someone to the position now. He has spoken with Selectman Macauley and he feels the same. Selectman Mooers agreed, noting there are serious issues to be addressed in the coming 10 months. It is essential to have the fifth member, and an election is costly. If citizens come forward and express an interest in being appointed, he supports that suggestion. Selectman Shubert basically agrees the Board could use a fifth person. If the Board is not successful in finding a candidate, he is OK
with four members.
Chairman Richardson said he has had calls from interested citizens. Town Manager Lunt said names of interested people, who have been contacted, will be presented at the next Board meeting. Selectman Shubert asked if a name is brought forth that he does not know well, is it acceptable for him to talk with that person, and the reply was yes.
Public Works Director Smith suggested, to avoid the appearance of loading the Board, that an ad be placed for recruitment. Citizen Anne Funderburk concurred. Chairman Richardson reluctantly conceded. Selectman Mooers suggested that the local papers would place a free article, and notice could be put on the Town’s web site.
Selectman Mooers moved, seconded by Selectman Shubert, to publicly recruit interested citizens for appointment to the remaining one year term. The vote was unanimous in favor, 3-0.
Bring agreed to have this item placed on its next meeting agenda.
L. Board work session to discuss Municipal Building renovations.
Previous plans were reviewed. The initial discussion was led by Public Works Director and Police Chief Willis. A lengthy discussion followed with several options examined. Town Manager Lunt suggested rolling this project into the one for the public works garage, as a cost savings. Space needs versus costs were a considerable part of the discussion. To be continued.
X General Issues
A. Town Manager Evaluation, review of draft comments
Included in Executive Session.
XI Treasurer’s Warrants
A. Approve Treasurer’s 2011 Warrant # 6 for $79,923.10
MOTION: Selectman Mooers moved, seconded by Selectman Shubert, to approve Treasurer’s 2011 Warrant # 6 for $79,923.10. The vote was unanimous in favor, 3-0.
B. Approve Treasurer’s 2012 Warrant #7 for $423,254.82
MOTION: Selectman Mooers moved, seconded by Selectman Shubert, to approve Treasurer’s 2012 Warrant #7 for $423,254.82. The vote was unanimous in favor, 3-0.
XII Executive Session
A. Pursuant to 1 M.R.S.A. §405.6.A, discussion of Town Manager Contract
MOTION: at 8: 40 p.m. Selectman Mooers moved, seconded by Selectman Shubert, to enter into Executive Session Pursuant to 1 M.R.S.A. §405.6.A, discussion of Town Manager Contract and performance evaluation. The vote was unanimous in favor, 3-0.
MOTION: at 9:45 p.m. Selectman Shubert moved, seconded by Selectman Mooers, to exit Executive Session. The vote was unanimous in favor 3-0.
MOTION: Selectman Mooers moved, seconded by Selectman Shubert, to prepare a one year contract for the Town Manager, with an automatic annual extension for a period of up to three years, unless terminated by the Board. The termination does not need to be for cause. The contract is to be ready for signatures at the August 1, 2011 Board of Selectmen meeting. The vote was unanimous in favor,
3-0.
XIII Adjournment
MOTION: At 9:50 p.m., Selectman Mooers moved, seconded by Selectman Shubert, to adjourn the meeting. The vote was unanimous in favor, 3-0.
Respectively submitted,
Secretary, Pro Tem
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