MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, May 17, 2010
A meeting of the Board of Selectmen was held this date in the Town Hall Meeting Room, Northeast Harbor ME.
Those present included: Chairman Tom Richardson, Selectmen Rick Mooers, Chuck Bucklin and Marilyn Damon, Interim Town Manager Durlin Lunt, Public Works Director Tony Smith, Town Clerk Joelle Nolan, Fire Chief Mike Bender, Police Chief Jim Willis, Terry Savage Wastewater Superintendent, John Lemoine Deputy Harbor Master, Recording Secretary Jennifer McWain, and members of the public.
Call to order.
Chairman Richardson called the meeting to order at 6:35PM, and opened the meeting with the first of the two public hearings.
Chairman Richardson opened the public hearing for the Asticou Inn, Special Amusement Permit request at 6:35PM. There was no comment from the public and the hearing was closed at 6:36PM.
Chairman Richardson opened the second public hearing for public comment on Article 2 and Article 3 for the Special Town Meeting, June 8, 2010. Citizen Ann Funderburk asked if the Town hadn’t already gone through a previous process of voting at Special Town Meetings not needing to be ratified at a regular Town Meeting. Interim Town Manager Lunt pointed out that these two Articles are a State process, where the budget that we passed at the Town Meeting isn’t valid until we have a follow up vote. Article 2 does away with the process for three years, and it would be voted on at a regular Town Meeting and then it wouldn’t have to be followed up by a Special Town Meeting.
Minutes
A. Approve minutes of organizational meeting of May 4, 2010.
Chairman Richardson suggested that the minutes be table until Selectman Bonville returns. Selectman Mooers moved to table the minutes for May 4, 2010, seconded by Selectman Damon. The motion passed 4-0.
Appointments and Public Requests
A. Discussion with Jane Disney about the Healthy Beaches Program.
Jane Disney gave a brief overview of the Healthy Beaches Program. Selectman Bucklin stated that he would like to think about the Town joining the program and discuss it at the next meeting. Selectman Mooers stated that he appreciated the information and echoed that he would like to think about joining, do some more research and revisit this item at the next meeting. No action was taken at this time.
B. Request from Kristen Tucker for permission to hold fitness classes in the park near the harbor front.
Kristen Tucker was present and expressed her interest to hold fitness classes in the park near the harbor. Chairman Richardson stated that the park is public, but he was not in favor of giving permission to a business to utilize our property unless it is absolute necessary, especially on a long term basis. Selectman Mooers felt uncomfortable giving permission and then adding them on the Town insurance. Other functions provide their own insurance. Selectman Damon stated that if the classes are in a public park then the public could join in for free. Ms. Tucker stated that the classes are not free to the public; it would part of the activities that are offered through the studio. Chairman Richardson echoed that he was not comfortable having a business using
the park, if it was once in a while that would be a different scenario. Selectman Bucklin tried to relate it the commercial use of the harbor, those businesses are paying for the use of Town property, because they are making a profit off of the use of a public area. Chairman Richardson said that he wanted to avoid getting into a fee structure for commercial use of Town property. Chairman Richardson suggested not giving permission at this point. Selectman Mooers expressed his concerns that no matter where Ms. Tucker holds her classes, whether in her studio or a public area she will be making a profit, and by asking for the use of a public venue he has concerns about granting on going use of a public area because of insurance issues, but Ms Tucker is also a member of the public Interim Town Manager Lunt commented that if Ms. Tucker offered her classes in the park probably all would be well until someone complained.~Police Chief Willis pointed out that this might fall under a Town
Ordinance and would be happy to research it further, and he would like to know because his department would be the front line for complaints. The Board of Selectmen agreed to table this item until the next meeting to gather more information about any existing ordinances.
C. Confirm appointment of Chad Campbell as part-time Police Patrol Officer effective May 17, 2010 at an hourly rate of $14.00/hr.
Selectman Mooers moved to appoint Chad Campbell as part-time Police Patrol Officer effective May 17, 2010 at an hourly rate of $14.00/hr, seconded by Selectman Damon. The motion was approved 4-0.
D. Approve appointment of Gordon Beck to the Warrant Committee.
Selectman Mooers moved to appoint Gordon Beck to the Warrant Committee, seconded by Selectman Damon. The motion was approved 4-0.
E. Approve appointment of Joelle Nolan as Warden for June 8, 2010 State Election.
Selectman Mooers moved to appoint Joelle Nolan as Warden for the June 8, 2010 State Election, seconded by Selectman Damon. The motion was approved 4-0.
F. Confirm appointment of NEH Marina seasonal dockhands: William Hodgkins at $14.00/hr; Alexander Lyons at $13.00/hr; Bree Walsh at $13.00/hr, Samuel Stephens at $13.00/hr, Samuel Burr at $11.00/hr, and Nathan Chisholm at $11.00/hr; effective May 18, 2010.
Selectman Bucklin moved to appoint the NEH Marina seasonal dockhands as presented, seconded by Selectman Mooers. The motion was approved 4-0.
Deputy Harbor Master John Lemoine stated that the department is interested in hiring an additional staff member to take care of the green spaces around in the harbor parks.
IV. Consent Agenda
A. Acknowledge receipt of monthly Department reports: Public Works, Wastewater, Police, Town Clerk, Assessing, Code Enforcement, Finance Director and Fire.
Selectman Mooers moved to acknowledge receipt of the monthly department reports: Public Works, Wastewater, Police, Town Clerk, Assessing, Code Enforcement, Finance Director and Fire, seconded by Selectman Bucklin. The motion was approved 4-0.
B. Acknowledge receipt of thank you letter to Police Dispatcher Marie Overlock for her assistance in the Town Clerk’s Office.
Selectman Mooers moved to acknowledge receipt of thank you letter to Police Dispatcher Marie Overlock for her assistance in the Town Clerk’s Office, seconded by Selectman Bucklin. The motion was approved 4-0.
C. Acknowledge receipt of thank you letter to Planning Board Chairman Jim Bright for his years of service.
Selectman Mooers moved to acknowledge receipt of thank you letter to Planning Board Chairman Jim Bright for his years of service, seconded by Selectman Bucklin. The motion was approved 4-0.
D. Response to Board of Selectmen collaborate letter.
Selectman Bucklin moved to acknowledge response to Board of Selectmen collaborate letter in the efforts of the Southwest Harbor Board to explore ways in which members of the League of Towns can collaborate more effectively, seconded by Selectman Damon. The motion was approved 4-0.
Interim Town Manager Lunt noted that a meeting for elected officials will not be scheduled until the fall.
E. Acknowledge receipt of Hancock County Commissioners letter for development bonds deadline extension.
Selectman Bucklin moved to acknowledge receipt of Hancock County Commissioners letter for development bonds deadline extension, seconded by Selectman Mooers. The motion was approved 4-0.
F. Acknowledge receipt of letter of Federal Drug Testing Changes- update.
Selectman Bucklin moved to acknowledge receipt of letter of Federal Drug Testing Changes- update, seconded by Selectman Mooers. The motion was approved 4-0.
G. Acknowledge receipt of Safety Grant Scholarship for Fire Department Public Safety Boat Rescue Operations training.
Selectman Bucklin moved to acknowledge receipt of the Safety Grant Scholarship for Fire Department Public Safety Boat Rescue Operations training, seconded by Selectman Mooers. The motion was approved 4-0.
H. Acknowledge receipt of letter from Clean Water, Clean Shores proposed project slated for September 2010.
Selectman Mooers moved to acknowledge receipt of the letter from Clean Water, Clean Shores proposed project slated for September 2010, seconded by Selectman Damon. The motion was approved 4-0.
V. Selectmen Reports
Selectman Damon asked if a notice looking for volunteers to join the Fire Department would be sent along with this year’s tax bill.
Citizen Ann Funderburk suggested that some of tax money, 1% go to the Fire Department to help fund full time employees. Chairman Richardson said he was reluctant to bring this subject up until Chief Bender asks or tells the Board of Selectmen that he needs help or foresees a problem.
Selectman Bucklin commented that he had a conversation with Lloyd Norwood about the resurfacing of Tennis Club Road, and will discuss this later as it is on the agenda.
Chairman Richardson wanted to discuss on an upcoming agenda the issue of employee health insurance, interested in possibly working with a different insurance program. He was also interested in what type of usage and coverage in the various programs that are being used, would it be worth it, and is there a real savings. It might be a different program, no change to employee’s coverage, just that it would be funded differently.
VI. Old Business
A. Acknowledge and discuss Fire Rescue Association donation to Northeast Harbor Ambulance Antenna project.
Chairman Richardson stated that the Ambulance Service made a $5000.00 donation in addition to a $5000.00 donation from Fire Rescue towards the project. Selectman Bucklin asked what the complications would be if local dispatch were to be kept and used the Hancock County Sheriff. That there are areas in town that can not be reach with dispatch, but the department can communicate with the Regional Communications Center, can dispatch transfer through them back to dispatch. Police Chief Willis explained that typically one agency is not allowed to use another agency’s frequency, unless you are one of the agencies that they oversee. Chief Willis didn’t think that it was a good idea for agencies to be relay’s for emergency
services. Discussion continued as to where 911 calls are received. Chairman Richardson stated that the issue with communication is point to point in the town, this will help clear up the issue. Selectman Mooers moved to acknowledge Fire Rescue Association donation to the Northeast Harbor Ambulance Antenna project and to send a letter thanking the Fire Rescue Association, seconded by Selectman Bucklin. The motion was approved 4-0. No action was taken.
B. Acknowledge and discuss changes in parking policy at the leased Cranberry lot.
Eric Dyer, who is the Cranberry Isles facilities supervisor was present and explained that due to a change in the schedule with the ferry service in Southwest Harbor, and some infrastructure changes in the system, curtailing the schedule by two weeks. There will be no changes to the lease. The Town of Mount Desert will be able to keep any money that is generated by parking fines. Selectman Mooers moved to acknowledge changes in the parking policy at the leased Cranberry lot, seconded by Selectman Bucklin. The motion was approved 4-0.
C. Continued discussion for proposed regulatory agency compliance work space improvements for the Town Office, Police and Fire Departments.
Public Protection Committee member Sumner Rulon-Miller stated that the Public Protection Committee (PPC) had not seen these plans. He asked the Board if they wanted the PPC to exist? Chairman Richardson affirmed that nobody was discrediting the PPC, and if the Town were building an entirely new building the committee would be involved. PPC member Rulon-Miller stated that the mission of the PPC was to find alternative space for the Town. Selectman Bucklin stated that the PPC does have a function, but the redesigning of the Town Office, Police and Fire space is a compliance issue piggybacked on security mandatory requirements. Chairman Richardson felt that this issue is not a PPC issue. PPC member Rulon-Miller referred to the PPC mission
statement again. Interim Town Manager Lunt read the mission statement for the PPC, and stated that this redesign does not fall under the pervue of the PPC. Chairman Richardson moved to send this back to the PPC, motion failed for lack of a second. Public Works Director Smith stated that he would like to get competitive bids. Selectman Bucklin moved to get more information for the second means of egress, and pricing for the work in Administration and the Police Dept., seconded by Selectman Mooers. The motion was approved 4-0.
VII. New Business
- Approve Special Amusement Permit for Asticou Inn, Class E License, (dancing accompanied by music produced by radio or other mechanical device/one or more vocalists and/or instrumentalist with mechanical amplification).
Selectman Mooers moved to approve the Special Amusement Permit for Asticou Inn, Class E License, (dancing accompanied by music produced by radio or other mechanical device/one or more vocalists and/or instrumentalist with mechanical amplification), seconded by Selectman Damon. The motion was approved 4-0.
B Approve malt, spirituous and vinous liquor license for AstiKim Corp. d/b/a Asticou Inn, 15 Peabody Drive, Northeast Harbor.
Selectman Mooers moved to approve the malt, spirituous and vinous liquor license for AstiKim Corp. d/b/a Asticou Inn, 15 Peabody Drive, Northeast Harbor, seconded by Selectman Bucklin. The motion was approved 4-0.
C. Approve award of 2010 paving contract to Lane Construction at a cost of $220,381.25.
Selectman Mooers moved to approve the 2010 paving contract to Lane Construction at a cost of $220,381.25, seconded by Selectman Bucklin. The motion was approved 4-0.
D. Approve award of Bartlett’s Island Landing Pier Renovation Project to Young’s Building Contractors, Inc at a cost of $25,200 with alternate bid item of $7.000.
Selectman Bucklin asked if the contractors had provided a certificate of liability. Deputy Harbor Master Leomine stated that once the bid had been awarded the contractor had 14 days to supply that information per bid specifications. The bid allowed for an alternate bid item, and the contractor supplied a bid of $7,000.00. But Public Works Director Smith and Harbor Master Murphy decided that the work included in the alternate bid was not necessary at this time. Selectman Mooers moved to approve the award of Bartlett’s Island Landing Pier Renovation Project to Young’s Building Contractors, Inc at a cost of $25,200, seconded by Selectman Damon. The motion was approved 4-0.
E. Acknowledge letter from Code Enforcement Officer Keene pertaining to possible code violations and a request for an investigation.
Selectman Mooers commented that he thought Code Enforcement Officer Keene wrote a very good letter. Selectman Bucklin moved to acknowledge the letter from Code Enforcement Officer Keene pertaining to possible code violations and a request for an investigation, seconded by Selectman Damon. The motion was approved 4-0.
F. Discussion of Administrative Consent Agreement pertaining to violations at the Somesville Waste Water Plant from 2005-2009.
Public Works Director Smith stated that Somesville Waste Water Plant has been rebuilt since then, with the Town being in compliance. The State is looking for a revenue source and wants to fine the Town $16,000.00 on past violations. There is a meeting scheduled with the Department of Environmental Protection, Public Works Director Smith will report back with details.
G. Discussion of Highway Garage and MMA insurance coverage.
Public Works Director Smith stated that Maine Municipal Association will not insure any part of the roof. Public Works Director Smith stated that they proceeding with reinforcing the shed part of the roof. No action taken.
H. Discussion of appropriation of Federal Rural Fire Assistance Grant.
Chief Bender stated that the department did receive a federal rural fire assistance grant and this is the last part of it of the grant. No action taken.
I. Request for Fire Chief Bender to release $62,247.40 from account #20-24104-71, Fire Equipment/Engine Reserve account to be used for the first payment on the ladder truck.
Selectman Mooers moved to authorize release $62,247.40 from account #20-24104-71, Fire Equipment/Engine Reserve account to be used for the first payment on the ladder truck, seconded by Selectman Bucklin. The motion was approved 4-0.
Chief Bender also wanted to advise the Board that the Capital Improvement Plan had the department replacing the tanker truck in 2010 and that he would be notifying apparatus vendors seeking bids for a replacement.
J. Discussion of proposed MDOT Stanley Brook Bridge Project.
Interim Town Manager Lunt and Fire Chief Bender met with Acadia National Park authorities. It was decided that the cheapest and quickest option was to do a road closure. This was pending on working out sufficient arrangements with the Bar Harbor Fire Department. Chief Bender said that in a separate meeting with Bar Harbor Fire Dept. and with logistic truck placement between the two departments Bar Harbor is willing to offer coverage for the time that the Stanley Brook Bridge Project has the road closed. Interim Town Manager Lunt would like to notify MDOT to go ahead with the project. Selectman Mooers moved to authorize Town Manager Lunt to notify MDOT to go ahead with the project, seconded by Selectman Bucklin. The motion was approved 4-0.
K. Discussion about Marina Renovation implementation process.
Noel Musson from CES was present along with Travis Noyes, to discuss the Marina Renovation implementation process. Mr. Musson’s primary concern was time and cost, now that the project is going from the concept and design stage to the engineering stage. Mr. Musson wanted to acknowledge all the hard work that the Marine Management Committee and the Harbor Masters put into this project to get it where it is now. So now that the project is going forward Mr. Musson wanted to provide an idea of costs and a final design for bidding. Selectman Mooers stated that the Board of Selectmen were not interested in micro-managing the project and would like to have the Town Manager provide updates on the progress of the project. Selectman Mooers moved to approve the implementation process, seconded by Selectman
Bucklin. The motion was approved 4-0.
L. Discussion with Interim Town Manager Lunt about performance evaluations process for non union employees
Interim Town Manager Lunt stated that he would like to have a discussion about the performance evaluations process for non union employees, the evaluation matrix at the next meeting. He stated that this process has basically fallen into disrepair.
VIII. General Issues
A. Notice from Public Works Director Smith about Oak Hill Road closing.
There was no action from the Board.
B. Nominations for MMA’s Legislative Policy Committee.
No nominations came forth from the Board. The Board was in agreement to let lapse.
C. Authorize transfer of $500.00 from the Horace & Mary Reynolds Scholarship to Mount Desert Island High School graduate.
Selectman Mooers moved to authorize transfer of $500.00 from the Horace & Mary Reynolds Scholarship to Mount Desert Island High School graduate, seconded by Selectman Bucklin. The motion was approved 4-0.
D. Discussion to public comments on Article 2 and Article 3 for the Special Town Meeting, June 8, 2010.
There was no action taken.
E. Acknowledge receipt of monthly financials, Revenue, Expense Report and General Ledger.
Selectman Mooers moved to acknowledge receipt of monthly financials, Revenue, Expense Report and General Ledger, seconded by Selectman Bucklin. The motion was approved 4-0.
IX. Committee Meetings Reports
None
X. Treasurer’s Warrants
A. Approve Treasurer’s Warrant #80 for $405,128.90.
Selectman Mooers moved to approve Treasurer’s Warrant #80 for $405,128.90 seconded by Selectman Bucklin. The motion was approved 4-0.
XI. Executive Session
None
Selectman Mooers moved to adjourn at 9:10PM, seconded by Selectman Bucklin. The motion was approved 4-0.
Respectfully submitted,
Jean Bonville
Secretary
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