Town of Mount Desert
Board of Selectmen
Regular Meeting Minutes
August 15, 2011
A meeting of the Board of Selectmen was held this date in the Somesville Fire House, 1157 Main Street, Somesville, Maine.
Those present included: Chairman Tom Richardson; Selectmen Martha Dudman, John Macauley, Rick Mooers, and Dennis Shubert; staff members Town Manager Durlin Lunt, Finance Director John Graves, Fire Chief Mike Bender, Police Chief Jim Willis, Public Works Director Tony Smith, Harbormaster Shawn Murphy, Code Enforcement Officer Kim Keene, 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 August 1, 2011 meeting.
MOTION: Selectman Dudman moved, seconded by Selectman Macauley, to approve the minutes from August 1, 2011 as presented. The vote was unanimous in favor, 5-0.
IV Appointments & Resignations
A. Accept with regret resignation of Assistant Highway Mechanic and Volunteer Firefighter Kevin Stradley, effective August 17, 2011.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to accept the resignation of Assistant Highway Mechanic and Volunteer Firefighter Kevin Stradley effective August 17, 2011. 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. Acknowledge receipt of Department Head reports: Assessor, Finance Director, Harbormaster, Police Chief, Public Works Director with CIP Summary.
B. Acknowledge receipt of letter from Acadia National Park Superintendent Sheridan Steele to AT & T Antenna Solutions Group.
C. Acknowledge receipt of Thank You letter to Planning Board member Jerry Miller for service on the Planning Board.
D. Meeting highlights from the Stanley Brook Bridge Project Meeting of August 4, 2011 with MaineDot Traffic Alert poster for the project.
E. Hancock County Commissioners Caucus Warrant for September 1, 2011.
Selectman Shubert general ledger from finance dire
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to acknowledge receipt of Consent Agenda items B – E. The vote was unanimous in favor, 5-0.
DISCUSSION of item A. Selectman Shubert had a few questions for Finance Director Graves regarding the financial statements for July. Finance Director Graves described the use of money market accounts, the sweep process, and prepayments of real estate taxes. He noted we have collected over half of the 2012 real estate taxes. Selectman Shubert also asked about the Marina Unreserved Fund balance and the difference between what is showing and the $650,000 that we have been discussing. Town Manager Lunt explained the $650,000 is the anticipated amount.
MOTION: Selectman Shubert moved, seconded by Selectman Macauley to acknowledge receipt of Consent Agenda item A. The vote was unanimous in favor, 5-0
VI Selectmen’s Reports
None presented.
VII Old Business
A. Update from CEO re MUBEC.
Code Enforcement Officer Kim Keene was present and explained that the original law regarding adoption of the new MUBEC has been amended, effective September 28, 2011, to allow towns with a population of less than 4,000 to opt out of adopting the code. Originally, towns with a population of 2000 or less had this option. It is her opinion that the question of opting out of MUBEC would need to go to Town Meeting. Board members had several questions: do contractors have to abide by MUBEC even if the Town opts out of enforcing MUBEC? Does the Town still have until July 1, 2012 to opt out? Or does the Town have to opt out by September 28, 2011? Selectman Mooers clarified that September 28, 2011 is the date the amended law takes effect; it is not a deadline date.
Town Manager Lunt explained that the Town does not have a State recognized/approved building code; therefore, the Town has the choice of opting out of MUBEC. Selectman Shubert asked CEO Keene if she refers to codes when she issues Certificates of Occupancy, and she replied yes, life safety codes, which the Town has adopted.
Chairman Richardson asked CEO Keene to provide the Board with more definitive answers to questions asked earlier.
B. Northeast Harbor Marina project, CES, Inc proposals.
For the Northeast Harbor Marina Project Post Bid Services, CES, Inc. presented a proposal for additional services as follows: $9,951.10/Redesign and Negotiate with Contractor, plus $1,846.47 for Paving Bid Documents, totaling $11,797.57.
Selectman Shubert asked what period of time was covered by the Post Bid Services: Noel Musson from CES, Inc, said he could not give an exact date; however, the bids came back in June followed by meetings with the Marine Management Committee/Working Group. It includes from the end of the bid process to negotiating the bid down.
Regarding the second proposal for additional services related to Construction Administration and Inspections, Selectman Dudman asked if the costs are capped at $90,000. Travis Noyes, CES, Inc. replied that is the recommendation. He explained they will work closely with Harbormaster Murphy and Public Works Director Smith to communicate on a daily basis and to keep the amount in check. Public Works Director Smith pointed out the proposal states that the estimated budget for the proposed services will not be exceeded without prior authorization from the Town. Selectman Shubert asked Public Works Director Smith how these proposals compare to other engineering companies, and if they were put out to bid, would they be lower. Public Works Director Smith replied that although others
might be lower, these are fair. As for bidding out the services, there is a possibility that a lower bid would be realized. He reiterated his previous statements that developing a working relationship with contractors is valuable.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to approve the CES, Inc. proposal for the Northeast Harbor Marina Project Post Bid Services for the Redesign and Negotiate with Contractor fees in the amount of $9,951.10. The vote was unanimous in favor, 5-0.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to approve the CES, Inc. proposal for the Northeast Harbor Marina Project Post Bid Services for the Paving Bid Documents fees in the amount of $18,46.47. The vote was unanimous in favor, 5-0.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to approve the CES, Inc. proposal for the Northeast Harbor Marina Project Construction Administration and Inspection Proposal, not to exceed $90,000.00.
Selectman Shubert stated that he is generally frustrated that we don’t have a more disciplined process to manage and bid out such projects.
VOTE: The vote was unanimous in favor, 5-0.
C. 2011 General Obligation Sidewalk Bond, execution of.
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to execute the 2011 General Obligation Sidewalk Bond in the amount of $1,500,000.00. The vote was unanimous in favor, 5-0.
D. 2011 General Obligation Sidewalk Bond, signing of Award Certificate.
MOTION: Selectman Dudman moved, seconded by Selectman Macauley, to sign the General Obligation Sidewalk Bond Award Certificate to Machias Savings Bank. The vote was unanimous in favor, 5-0.
VIII New Business
A. Approve Malt, Spirituous and Vinous, Class I liquor license for Harbor View Corp d/b/a Main Sail Restaurant.
MOTION: Selectman Macauley moved, seconded by Selectman Dudman, to approve the Malt, Spirituous and Vinous, Class I liquor license for Harbor View Corp d/b/a Main Sail Restaurant. The vote was unanimous in favor, 5-0.
B. Communication upgrade- Public Works frequency, project award and authorizations for funds from Radio Reserve Account.
Chief Willis was present and summarized his request from his memo dated August 5, 2011. The current frequency and associated equipment located at the Mount Desert Elementary School is not narrow band compliant and will not be able to be used after January 1, 2013; therefore, needs to be upgraded. The upgrade would also include installing a repeater allowing Public Works units in the field to talk to each other at greater distances. Another improvement included with the upgrade is a new control station at the Police Station. If the buried telephone line ever becomes compromised, we will lose the ability to talk on the public works frequency from Dispatch.
Selectman Shubert expressed concerns about spending $6,000 for a control station that we might need in the future. It is an eventuality that might never happen. He thinks it is wiser to take the risk that something might damage the line. Chief Willis explained that if we don’t have an antenna on the building we lose ability to communicate with public works. Public Works Director Smith gave an example of an extended power outage during a snowstorm with a man lost. Selectman Shubert said it is his personal opinion that the $6,000 expenditure is not needed.
MOTION: Selectman Dudman moved, seconded by Selectman Macauley, to award the communications upgrade bid to Brown’s Communication in the amount of $19,206.00. The vote was in favor, 4-1, with Selectman Shubert voting against.
MOTION: Selectman Macauley moved, seconded by Selectman Dudman, to use up to $20,000 from the Radio Reserve Account #G20-24104-72 for the communications upgrade. The vote was in favor, 4-1, with Selectman Shubert voting against.
C. Authorization to sign Memorandum of Understanding for Byrne/ Jag Grant.
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to authorize Police Chief Willis to sign the Memorandum of Understanding for the Byrne Justice Assistance Grant. The vote was unanimous in favor, 5-0.
D. Discussion and authorization of Quitclaim Deed for Marilyn Perry.
Finance Director Graves noted all taxes, including current, have been paid.
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to sign the Quitclaim Deed for Marilyn Perry, Town Tax Map 009 Lot 105. The vote was unanimous in favor, 5-0.
E. “Bullard Eclipse” thermal imaging camera, authorization to purchase from Fire Equipment/Engine Reserve
MOTION: Selectman Macauley moved, seconded by Selectman Mooers, to release $5,564.00 from Fire Equipment Engine Reserve account #G20-24104-71 to purchase a Bullard Eclipse thermal imaging camera.
DISCUSSION: Selectman Dudman suggested there might be grants for such items available to small towns. Fire Chief Bender said he will pursue; however, in the past has discovered we often are not eligible.
VOTE: The vote was unanimous in favor, 5-0.
F. Carryovers from FY 2010/11 to FY 2011/12.
It was noted that the carryovers will reduce surplus, and have no effect on this year’s budget.
There was discussion of a capital improvement fund for the Sewer Capital money. And Public Works Director Smith clarified that the carryover amount can be used anywhere within the wastewater department.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to accept the Carryovers from the FY 2010/2011 to FY 2011/2012 in the amount of $316,297. The vote was unanimous in favor, 5-0.
G. Resident Elliott Potter’s request to expand his existing disposal/leach field, discussion.
Mr. Potter was present. Chairman Richardson asked CEO Keene if she recommends Mr. Potter’s proposal and she replied no, because the expansion would encroach on Town property. The Town would have to grant an easement or sell land to Mr. Potter.
Mr. Potter explained that he has an old leach field that is subject to problems. His proposal would solve the issues. CEO Keene interjected that Mr. Potter’s home now has 2 bedrooms, and he would like to add a third bedroom. Selectman Shubert asked CEO Keene to identify the Town owned land that abuts Mr. Potter’s, and she said it is the Ripples Road tract. When asked if the land can be developed, CEO Keene explained the land is resource protected, but probably buildable. Selectman Shubert asked if there is different place for the leach field; CEO Keene replied no. Selectman Dudman asked if it could be replaced with a new system in the same location, and Mr. Potter said no, the area is not large enough. Chairman Richardson asked if a new 2 bedroom
system would fit; and Mr. Potter said he could look at that.
Chairman Richardson stated that all possible avenues need to be exhausted before an easement is considered. Selectman Shubert suggested that if the easement involved a private land owner (rather than the Town), it would be a matter of economics. Selectman Macauley asked CEO Keene for the size of the easement needed, and she replied approximately 900 sq ft. Chairman Richardson pointed out Mr. Potter may be asking for more than what he has to have. Selectman Shubert stated more information is needed from Mr. Potter, along with the value of the land to be sold.
MOTION: Selectman Shubert moved, seconded by Selectman Mooers, to grant an easement to Mr. Potter for the amount of property need to expand/install his septic system. The vote was unanimous against, 0-5; the motion failed.
Chairman Richardson explained to Mr. Potter that he needs to look at a new 2 bedroom septic system and come back to the Board if needed.
H. Mount Desert Chamber of Commerce discussion regarding questions and concerns as a future occupant of the new Town owned Information Center.
Khristina Landers, Executive Director, Mount Desert Chamber of Commerce was present and remarked she was asked by Chamber members to bring these questions (described in her memo to Town Manager Lunt) to the Board, which include a request for a lease agreement. Sue Spoelhof, Chamber treasurer, further explained the Chamber needs to begin work on it s budget for 2012, which will be presented at its annual meeting in October. The revenue from the showers is a big consideration.
Chairman Richardson stated he is surprised theses questions are being presented now, rather than during the prior months of planning for the Marian project. Ms. Landers said some of the yachtsmen have inquired about the current building, wondered if it is considered an historical building, and commented they would hate to see it destroyed. Ms Landers also stated there is a new $20,000 handicap bathroom in the current building that should not be destroyed.
Jim Bright, Marine Management Committee/Working Group member suggested when the Board considers leases for the new building, that it includes the Ticket Booth. A discussion has been held with a prior Board that the leases should contain a payment clause. Chairman Richardson stated he would appreciate hearing from the Marina Working Group.
I. Such other business as may be legally conducted
None presented.
IX Committee Meeting Reports
A. None
X General Issues
A. None
XI Treasurer’s Warrants
A. Approve Treasurer’s Warrant #20 for $1,367,457.86.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to approve Treasurer’s Warrant #20 for $1,367,457.86. The vote was unanimous in favor, 5-0.
XII Executive Session
Town Attorney James Collier requested an Executive Session.
MOTION: At 7:50 p.m. Chairman Richardson moved, seconded by Selectman Macauley, to enter into Executive Session pursuant to Title 1 §405(6)(E) for the purpose of consultations between the Board and its attorney concerning pending litigation. The vote was unanimous in favor, 5-0.
MOTION: at 8:30 p.m. Selectman Mooers moved, seconded by Selectman Macauley, to exit Executive Session. The vote was unanimous in favor, 5-0.
No action was taken.
XIII Adjournment
MOTION: At 8:31 p.m., Selectman Mooers moved, seconded by Selectman Macauley, to adjourn the meeting. The vote was unanimous in favor, 5-0.
Respectively submitted,
John Macauley
Secretary
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