Town of Mount Desert
Board of Selectmen
Regular Meeting Minutes
September 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 Martha Dudman, John Macauley, and Rick Mooers; 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, Code Enforcement Officer Kim Keene, Assessor Kyle Avila, and Town Clerk/Recording Secretary Joelle Nolan; and members of the public. Selectman Dennis Shubert 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 August 15, 2011 meeting.
MOTION: Selectman Dudman moved, seconded by Selectman Macauley, to approve the minutes from August 15, 2011 as presented. The vote was unanimous in favor, 4-0.
IV Appointments & Recognitions
A. Acknowledge receipt of Thank You letter to the Police Department for participation in the Neighborhood House Bike Parade.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to acknowledge receipt of Thank You letter to the Police Department for participation in the Neighborhood House Bike Parade. 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 Department Head monthly reports: Assessor, Fire Chief, and Wastewater.
B. Acknowledge receipt of Thank You letter from Downeast Horizons for $5600.00 budget appropriation.
C. Acknowledge receipt of resignation letter from Zoning Board of Appeals Chairman Harry Madeira, as of August 30, 2011.
D. Acknowledge receipt of resignation letter from Zoning Board of Appeals member David Irvin effective August 23, 2011.
E. Acknowledge receipt of Thank You note for donation from Hospice Volunteers of Hancock County
F. Marina Revenue Report.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to approve Consent Agenda items A – F. The vote was unanimous in favor, 4-0.
VI Selectmen’s Reports
None presented.
VII Old Business
A. Steamboat Wharf Road- Retaining Wall Reconstruction Funding.
Public Works Director Smith explained that after-the-fact requests are unusual, and referred to his memo dated August 31, 2011.
MOTION: Selectman Dudman moved, seconded by Selectman Macauley, to authorize payment from Public Works Road Reserve Account 20-24105-73, in the amount of $67,116.75, for costs associated with the reconstruction of the Steamboat Wharf Road retaining wall. The vote was unanimous in favor, 4-0.
B. Machias Savings Bank Disbursement request for the Sidewalk Bonds.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to have Board members sign the Machias Savings Bank Disbursement Request and Authorization form for the sidewalk bond. The vote was 4-0
C. Mount Desert projects update.
Town Manager Lunt stated the list refers more to admin projects. There will be a project kick-off meeting this week for the Northeast Harbor Marina Project. The Working Group met last week and found ways to reduce lighting fixture costs by 40%. The Teamsters Union contract passed locally, and is being reviewed by hierarchy in Portland. Tomorrow Department Heads will watch one of three new software company presentations. They will have seen all three by the end of September; and the Board will view in October. The Salary Survey Committee meets September 13th, and will follow up with the Board in October. Town Manager Lunt said in the spirit of former Selectman Rulon-Miller’s request, he will try to do these updates periodically.
VIII New Business
A. Joseph F. McDonald III as Trustee v. The Inhabitants of the Town of Mount Desert, ME.
Town Manager Lunt stated this is informational only; no action is required by the Board. Selectman Dudman asked what would happen if the plaintiffs prevail and CEO Keene explained the issue would have to go back to the Planning Board for proper notification and the formality of a public hearing. This is an error that happened in the 1980’s.
B. Basic permitting process in the absence of the Code Enforcement Officer, discussion.
Town Manager Lunt stated it may be a bit premature to bring this subject before the Board. He went on to say we have a good starting team, and a weak bench. There is a lack of backup personnel in areas requiring certain expertise, such as CEO and Assessor. Right now it isn’t a major problem; however it could be if the Town adopts MUBEC, which would require the CEO to spend more time inspecting (out of the office).
CEO Keene explained that the alternate she currently uses (and the only one she has found available) isn’t computer savvy, which does limit his duties. He isn’t able to issue building permits, however he does issue plumbing permits. She further clarified that the CEO has 30 days to review a building permit application for completeness, and then another 10 days to issue the permit. Up until a few years ago, the Town employed others who were also certified and acted as Deputy CEO’s.
Chairman Richardson wondered if Assessor Kyle Avila was interested in becoming a CEO, and Mr. Avila replied he wore enough hats now. Selectman Macauley suggested collaborating with neighboring towns, and CEO Keene thought that was not an option because they work full-time too, and would not have the time. Selectman Mooers stated the ordinance gives plenty of leeway what with 30 days to review and 10 days to issue an application/permit. Chairman Richardson thought in the particular instance that drove this conversation the State was involved contributing to the delay. Katrina Carter, a citizen and local realtor, said it is frustrating when builders are ready and customers are waiting. Also, there is often a narrow window of good weather. Chairman Richardson said we
shall strive to see what we can do.
C. Memo from Tax Assessor Avila regarding Tax Increment Financing.
Board agreed the information is helpful, and thanked Assessor Avila. Chairman Richardson commented that until a request is made, no action is necessary. Selectman Mooers thought we may well have a request as it relates to the Revitalization Committee’s goals.
D. Request for authorization to purchase new Fire Department Tanker.
Chief Bender mentioned that he has been working on this project for fourteen months. The preferred vendor, Ferrara Fire Apparatus, Inc., offers good service as well.
MOTION: Selectman Macauley moved, seconded by Selectman Mooers, to authorize Chief Bender to enter into a contract with Ferrara Fire Apparatus, Inc. for the purchase of a new water tanker truck, the cost of which is not to exceed $392,000, with the expenditure from Fire Equipment/Engine Reserve Fund 20-24104-71. The vote was unanimous, 4-0.
E. Right of Way Permit- to relocate Town sewer line within Acadia National Park land boundaries.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to sign the 50 foot wide Right of Way Permit, for a term of 30 years, from Acadia National Park to the Town of Mount Desert for the Relocation, Construction, Operation, and Maintenance of Sanitary Sewer Utilities. The vote was unanimous in favor, 4-0.
F. Memo from Hancock County Planning Commission regarding well and septic replacement grants.
CEO Keene explained this is an annual offer. Board agreed to endorse and agreed the information should go on the Town’s website.
MOTION: Selectman Dudman moved, seconded by Selectman Macauley, to move forward with the group effort for a Community Development Block Grant Housing Assistance Grant for wells and septic. The vote was unanimous in favor, 4-0.
G. Surplus Equipment Bid results.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to accept recommendations for action from Department Heads as presented in the memo dated August 16, 2011. The vote was unanimous in favor, 4-0.
H. Revitalization Committee mission going forward.
Town Manager Lunt introduced three members from the Revitalization Committee, Lanie Lincoln, Kathe McCoy, and Ham Clark. He explained that the committee has completed most of the work it set out to do; however, there is still much that could conceivably be done. What is pleasure of Board? He also stated the committee has been invaluable and they have the means to keep going. The Town now has the technology for web conferencing; therefore the meetings can easily continue throughout the fall, winter, and spring.
Mr. Clark said they are ready for the second phase of bringing in an outside perspective to look at the township. A task force, including members of the Village Improvement Societies, ReStore NEH, etc., could be empowered to take the lead. Committee members want to ensure the Board of Selectmen is on the same page; engaged and participating with the work. Some questions the committee has are: Does the Board see a problem within the Town of Mount Desert and Northeast Harbor? Are the concerns the same as the committee? Will the Board participate and partner with the committee?
Some committee members met with Selectman Dudman earlier in the week and discussed housing, support of businesses, and other very real issues. Going forward would be great if there was more of a partnership with the Board and there was a planning function; however, not the Planning Board, which is bogged down in permitting.
Mr. Clark continued that the committee can do a lot more work, but doesn’t want to do it in a vacuum [without the Board]. They can strengthen big issues. The committee has worked with Bob Ho regarding his project at 141 Main Street. He has struggled getting tenants. Good ideas have come from ReStore NEH focusing on the village green and village signs. The committee wants to hear from the Board regarding a mission for moving forward.
Selectman Mooers declared the committee is right on target to engage the VIS; they already have rough cut strategic plans in each village for revitalization. This is a great starting place, getting them all together to improve the entire town. It’s the logical next step. Mr. Clark said the committee formed a task force back in May, to look at projects cohesively; however, local leadership is needed.
Town Manager Lunt has heard local non-profits might be able to funnel funds through grants without involving the government. We need to think about planning capacity in the town; our Planning Board is more of a permitting board. He said he is not necessarily promoting the hiring of a full-time planner, however there is a definite need. Mr. Clark continued his question to the Board’s position; the committee is pushing ideas and procedures. Where is the pull?
Public Works Director Smith wondered how much the Comprehensive Plan addresses these issues; and the reply was a lot. Selectman Dudman stated we need both the theoretical and visual. There are very specific things that can be done, such as housing and backing local businesses, but not with town taxpayer money. The Town used to have a benefactor that helped businesses. We need that again. Selectman Macauley suggested the development of a non-profit foundation; it’s too hard to open a business for 6 months a year. Selectman Dudman mentioned that the marina project will bring in people and lead them to Main Street, but what is there?
Chairman Richardson noted that economic development has been a major topic of the Revitalization Committee. Why couldn’t Mr. Ho get tenants? Cost. It’s the typical scenario. How do you get more numbers here for a longer period of time? We need people. The Marina project is only one step. Mr. Clark commented that although the town’s year round population has hovered around 2000 for many years, Northeast Harbor’s has greatly diminished. Is that a real concern of the people who live here? Katrina Carter said the Chamber of Commerce has worked with Island Explorer to change the route to go down Main Street. The Chamber is very aware and is working on better business exposure. Mr. Ho’s rentals are not out of line
with other Main Street rentals [cost-wise].
Chairman Richardson addressed the committee and said he is not sure what to say; unless we can draw numbers it is hard to support businesses. Mr. Clark suggested if the long term objective of the planning function is determined, then we are better able to align our mission to that. What does the town really want, and what does it envision 10 -20 years from now. Selectman Dudman said she wants to maintain the village atmosphere; homes in a small town where we know our neighbors. We can’t have that if the villages are hollowed out 6 months of the year. She stated the committee is great and has done a very good job; however, she would like to see something real that we could put our hands on. Selectman Macauley joined in and said he would like to see a
document, white paper. He agrees there are lots of things the town could do. Mr. Clark referred to the committee’s report done in May; it is very comprehensive and is posted on the town’s website.
Lanie Lincoln said she has become more aware of dramatic changes in the demographics. For example, the people in outlying villages like Hall quarry aren’t shopping in Northeast Harbor; they are going to Southwest Harbor. How do we bring these people back into town to support our businesses? Not all, but many of our local merchants are struggling. Chairman Richardson agreed the demographics of Northeast Harbor have shrunk, and therein lays the major problem. Selectman Macauley said having a thriving business year round does not work here. Prices have to be higher, but folks can’t afford that.
Kathe McCoy stated she read the Comprehensive Plan last fall, and she challenges the Board to go through it and check things off that have been accomplished. The committee would be interested in knowing what amount of the many Plan recommendations have been executed. The committee needs support from the Board and reassurance that we are all working together.
Town Manager Lunt suggested there could be a foundation concept; a group that could actually go out and work with local grocery or hardware stores to determine what can work given particular realities. Mr. Clark said one of the things the committee is recommending is engaging an external organization to deliver a report; and they suggest the Urban Land Institute. The cost is minimal at $2500 - $5000. The creditability of an outside organization validating (or not) could help. Selectman Mooers said we should not try to get such a monumental task done on the cheap. We are talking about the survival of the entire town. This cries out for a professional planner; someone skilled and educated in dealing with communities such of this. We have been heading in this
direction [planner] for a long time. Chairman Richardson wondered what the public expects from town government. We have an economic problem; how will a planner help? Do we need a planner to tell us we have an aging population and summer colony? He said he is not opposed to considering an assessment by an outside entity; but how can town government correct the problems? Selectman Mooers thought it is not up to the town to correct, but to put forth ideas to the voters. Town Manager Lunt said although we may not need a full-time planner, we are lacking in planning capacity; we need planning help to move forward. Selectman Dudman asked Town Manager Lunt for suggestions. Town Manager Lunt agreed he could provide some.
Mr. Clark asserted the first step is to have the Board support the committee’s proposal to hire Urban Land Institute for a thorough review, which may lead to Growth Smart Maine for the next step. There are a lot of creative ways to fund the needs. We have two very good allies in ULI and Growth Smart Maine. The Summer Residents Association is willing to support the efforts.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley to move the question and that the Board of Selectmen supports the Revitalization Committee in its suggestion to hire the Urban Land Institute, or similar organization. The vote was unanimous in favor, 4-0.
Selectman Macauley stated the Board has to be prepared to back up not only the initial effort, but what may follow. There was a discussion of cost to engage the ULI. Chairman Richardson noted the Board could spend up to $5,000 out of its contingency fund.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to spend up to $5,000 from its Contingency Fund #E 102-01-509-50 for the purpose of engaging the services of the Urban Land Institute. The vote was unanimous in favor, 4-0.
I. Proposed Town Office addition, discussion.
Town Manager Lunt referred to the concept sketches included in the Board packets. We would like to accomplish three things: bring the Fire Chief’s office into compliance, provide adequate space for the Assessor and Code Enforcement Officer, and provide desperately needed storage space. This building is 30 years old; it is no longer a new building and does not meet the needs.
Selectman Macauley asked if CES, Inc. has a cost estimate on this design. Public Works Director Smith explained we engaged Bob Bickmore from CES, Inc. for sketches only; Mr. Bickmore does much of our IT work and is very familiar with the building and our needs. He went on to say the cost estimates range from $375,000 to $800,000; however, he is looking at $550,000. He also said he would like to use Hedefine Engineering to price out the estimate, as described in his memo dated August 31st, and then go forward. Chairman Richardson asked about the general layout. Town Manager Lunt replied there are no elevators, no stairs, and no disruption to government business. It would allow us to reclaim the use of the Meeting Room as it was intended to be. Chairman
Richardson asked about the public bathrooms. Public Works Director Smith would like to have Hedefine Engineering take a look first, and then address bathrooms. The bid could be done in phases. The Police Department needs room; the lower parking lot needs paving. However, the immediate need is the addition. He hopes to have estimates by the Board’s September 19th meeting.
MOTION: Selectman Dudman moved, seconded by Selectman Macauley, authorize Public Works Director Smith to work with Hedefine Engineering to provide a written proposal for a not-to-exceed price for the preparation of design documents for an addition to the town office building. The vote was unanimous in favor, 4-0.
J. Such other business as may be legally conducted
Chairman Richardson said James Bright has requested an appointment to the Zoning Board of Appeals. Selectman Mooers noted it has sometimes been the practice to have the Board/Committee chair review the application prior to it presented to the Board of Selectmen. Town Clerk Nolan said while it is common practice for the Board/Committee chairs to review the applications first, it is not a written policy of this Board. After a brief discussion,
MOTION: Selectman Dudman moved, seconded by Selectman Macauley to appoint James Bright to the Zoning Board of Appeals. The vote was unanimous in favor, 4-0.
IX Committee Meeting Reports
A. Zoning Board of Appeals meeting minutes from July 19, 2011.
B. Zoning Board of Appeals meeting minutes for August 23, 2011.
C. Northeast Harbor Marina Project Working Group meeting minutes for August 31, 2011.
No action required.
X General Issues
A. None
XI Treasurer’s Warrants
A. Approve Treasurer’s 2011 Warrant # 28 for $1,282.87.
MOTION: Selectman Dudman moved, seconded by Selectman Mooers, to approve Treasurer’s 2011 Warrant # 28 for $1,282.87. The vote was unanimous in favor, 4-0.
B. Approve Treasurer’s 2012 Warrant # 29 for $439,741.86.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to approve Treasurer’s 2012 Warrant # 29 for $439,741.86. The vote was unanimous in favor, 4-0.
C. Approve Treasurer’s 2012 Warrant #30 for $23.00.
MOTION: Selectman Macauley moved, seconded by Selectman Mooers, to approve Treasurer’s 2012 Warrant #30 for $23.00. The vote was unanimous in favor, 4-0.
XII Executive Session
A. None
XIII Adjournment
MOTION: At 8:07 p.m., Selectman Mooers moved, seconded by Selectman Macauley, to adjourn the meeting. The vote was unanimous in favor, 4-0.
Respectively submitted,
John Macauley
Secretary
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