Town of Mount Desert
Board of Selectmen
Agenda
Regular Meeting
Monday, January 17, 2017
Location: Meeting Room, Town Hall, Northeast Harbor
Present were Chairman John Macauley and Selectmen Martha Dudman, Matt Hart, and Dennis Shubert.
Also in attendance were Harbormaster John Levesque, Fire Chief Mike Bender, Public Works Director Tony Smith, Police Chief Willis, Officer Kerns, Town Clerk Claire Woolfolk, Treasurer Kathy Mahar, CEO Kimberly Keene, and Town Manager Durlin Lunt. Members of the public were also present.
- Call to order at 6:00 p.m.
The meeting was called to order at 6:00 pm.
MOTION: Selectman Shubert moved, with Selectman Dudman seconding, to enter into Executive Session. Motion approved 4-0. The Board went into Executive Session at 6:02PM.
MOTION: Selectman Dudman moved, with Selectman Shubert seconding, to leave Executive Session. Motion approved 4-0. The Board left Executive Session at 6:47PM.
Chairman Macauley called the public meeting to order at 6:50PM.
II. Executive Session
- Pursuant to 1M.R.S.A. § 405(6) (E) Consultations with legal counsel regarding an Administrative Consent Agreement: Review and consider approval of a Consent Agreement between the Rays and Town
Post Executive Session: Consent Agreement, action if necessary
MOTION: Selectman Shubert moved, with Selectman Hart seconding, to approve the presented Consent Agreement between the Rays and the Town of Mount Desert. Motion approved 4-0.
The Consent Agreement was signed and notarized.
MOTION: Chairman Macauley moved, with Selectman Hart seconding to take Item VIII. F out of Order. Motion approved 4-0.
III. Minutes
- Approval of minutes from January 3, 2017 meeting.
MOTION: Selectman Dudman moved, with Selectman Hart seconding, to approve the Minutes as presented. Motion approved 3-0-1 (Shubert in abstention).
IV. Appointments/Recognitions/Resignations
- Appoint Heather Jones as School District Trustee until May 1, 2017
MOTION: Selectman Hart moved, with Selectman Dudman seconding, to appoint Heather Jones as School District Trustee until May 1, 2017. Motion approved 4-0.
- Confirm Appointment of Sam Walker as Part-time Recycling Attendant with a Probationary Base Pay Rate of $14.00 per hour
MOTION: Selectman Hart moved, with Selectman Dudman seconding to approve appointment of Sam Walker as Part-Time Recycling Attendant as noted. Motion approved 4-0.
- Confirm Genya Grover as part-time winter help for the marina at $14.00 per hour
MOTION: Shubert moved, with Selectman Hart seconding, to approve Genya Grover as part-time winter help for the marina at $14.00 per hour as stated.
Selectman Shubert asked why part-time winter help was necessary. Harbormaster Lemoine noted that it was due to time off or planned training absences of the current employees, or during inclement weather.
Motion approved 4-0.
- Accept with Regret Resignation of Joe Renault from the as On-call Firefighter effective immediately
MOTION: Selectman Shubert moved, with Selectman Hart seconding, to accept the resignation with regret. Motion approved 4-0.
V. Consent Agenda (These items are considered routine, and therefore, may be passed by the Selectmen in one blanket motion. Board members may remove any item for discussion by requesting such action prior to consideration of that portion of the agenda.)
- Department Head Reports: Public Works
- Hancock County Commissioners Meeting Minutes December 2, December 6, December 13, and December 28, 2016
MOTION: Selectman Shubert moved, with Selectman Hart seconding, approval of the Consent Agenda as presented. Motion approved 4-0.
VI. Selectmen’s Reports
Public Works Director Tony Smith noted the Sustainability Committee proposed having electrical contractors MCM and Gilman Electric make a cost analysis of municipal facilities for the possible conversion of the buildings to LED lighting. Director Smith noted obtaining the analysis will not cost the Town anything.
MOTION: Selectman Shubert moved, with Selectman Hart seconding, to support the information gathering efforts of the Sustainability Committee and the Public Works Director to obtain cost analysis for the conversion of electrical systems in the Municipal Buildings. Motion approved 4-0.
VII. Old Business
- Authorize Town Manager to sign ICMA 401(a) plan modification in accordance with Changes to the Personnel policy adopted September 19, 2016
MOTION: Selectman Hart moved, with Selectman Dudman seconding, to authorize the Town Manager to sign ICMA 401(s) plan modification in accordance with Changes to the Personnel policy adopted September 19, 2016. Motion approved 4-0.
- Board of Selectmen Vacant Position
Three candidates have been determined for the vacant position: Rick Mooers, Wendy Littlefield, and Gordon Beck.
Each candidate was present and provided some introductory information about themselves and why they are interested in the position.
MOTION: Selectman Shubert moved, with Chairman Macauley seconding, to appoint Gordon Beck as Selectman to the Board, effective February 1, 2017 until the May 2017 Town Meeting. Motion approved 4-0.
The Board voiced their appreciation for the candidates’ willingness to serve. Selectman Dudman noted the Warrant Committee is also in need of members, and she encouraged them to join.
- Recommendation the use of $2,700 from Parks & Cemeteries Reserve Account Number 4055250-24572 to cover the costs of the proposed design and bidding services of the Otter Creek Pier
MOTION: Selectman Shubert moved, with Selectman Dudman seconding, to authorize use of $2,700 from Parks & Cemeteries Reserve Account Number 4055250-24572 to cover the costs of the proposed design and bidding services of the Otter Creek Pier.
Selectman Shubert asked what the demand of the pier is. Chairman Macauley noted the pier would be of value to approximately six fishermen. This was the only place they had available to bring their catch in. Director Smith noted the price of the pier will have to be approved at Town Meeting. This amount was for design and bidding services only. It was noted the pier is actually under purview of the Public Works Department. It was noted the Otter Creek Village Improvement Society supports the proposal.
Motion approved 4-0.
VIII. New Business
- Authorization of Updated Financial Institution Information
MOTION: Selectman Shubert moved acceptance of the distributed list of Town Employees with signature authorities as presented. Selectman Hart seconded the Motion. Motion approved 4-0.
- Public Works Budget Review
A review of the Public Works Budget was made. Director Smith noted the overall increase was only 1.1%. One stand-out change is the combination of the paving costs combined with the additional paving costs requested at warrant. Director Smith felt this was a permanent change. Director Smith noted the cost of asphalt is currently low, therefore the department would like to take advantage of the price.
The estimated high overtime cost is in anticipation of a potentially snowy winter. Selectman Shubert disagreed with the budgeting philosophy of estimating for a worst case scenario at the cost of inflating the budget.
Selectman Dudman asked about the Miscellaneous Materials in the budget. Director Smith stated that ditching and culvert replacement would come out of that line item. The Department has been using more stone and gravel recently as well.
Director Smith pointed out repair costs to the new Highway Garage furnace.
- Approve the Marine Management Committee recommendations for adjusting the rate for vessels <49’ to $2.85/ft, the rate for vessels 50’<60’ to $3.35/ft and the rate for vessels 60 and over to $3.85.
Harbormaster Lemoine noted the proposed increase was a ten cent bump up across the board. He hoped to keep the price competitive with other marinas’ pricing.
MOTION: Selectman Shubert moved, with Selectman Hart seconding, to approve the Marine Management Committee recommendations for adjusting the rate for vessels <49’ to $2.85/ft, the rate for vessels 50’<60’ to $3.35/ft and the rate for vessels 60 and over to $3.85 as stated. Motion approved 4-0.
- Harbor Ordinance option: Appeals from Harbor Master Decisions
Harbor Master Lemoine stated that currently someone appealing the Harbor Master’s decision appeals to the Harbor Committee, then the Board of Selectmen, then the Superior Court. It’s been suggested that removing the Board of Selectman appeal step would streamline the process a little.
Chairman Macauley noted that the Board has heard very few appeals. He felt that having the Board as a step between an issue costing the Town nothing and costing the Town significantly was wise.
- Discussion of Marijuana Moratorium Ordinance
Town Manager Lunt noted the Maine Municipal Association has some suggestions. Some Towns are banning marijuana clubs and retail establishments. Some Towns are establishing moratoriums to give themselves the time to create ordinances addressing the issues surrounding marijuana use. A moratorium can be established for six months and extended once for six months.
Discussion ensued regarding detecting levels of impairment. Trainings are scheduled for law enforcement around the State, but it will take some time.
Lieutenant Kerns reported on what he’d learned at a law enforcement meeting with a prosecutor from Colorado.
Lieutenant Kerns reported there is nothing on the books about what the State can do about any violations of the new law. He warned that a municipality that overlooks creating regulations now may not have the chance to create regulations in the future. The law was written to suggest imposing regulations is a one-time deal. There is nothing in the law that specifically addresses allowing a Town to revisit the issue at a later date should they decline to address the issue now.
There are big business marijuana retailers in the country, and they can easily overrun a town. He warned the Town about social clubs. The area is already a tourist area, and social clubs could attract a new type of tourist. Additionally, there are new strains of marijuana that are significantly stronger than plants of the past. There can be highly concentrated drugs; up to 80 and 90% THC in some forms. A high concentration of THC doesn’t cause death like a heroin overdose, but it can cause a psychotic break. Creating a higher concentrate THC is done with butane, which presents a risk of explosion.
Lt. Kerns reported that the Colorado prosecutor suggested taking enforcement out of the criminal realm and put it into Code Enforcement.
It was recommended to study the law and understand it completely before deciding on regulations.
The issue is tricky, in that if the Town enacts a moratorium, and by the end of that moratorium, the Stated has still not enacted the law, The Town will be at a disadvantage, and there would be a risk of not addressing an issue that comes up after the fact.
Chief Willis cautioned the Town that Law Enforcement should not be the face of the marijuana use regulations. The regulation of the retail side can be done by the Town.
Selectman Shubert suggested the Planning Board should address the issue. CEO Keene stated the Planning Board could not have an ordinance created in time for the 2017 Town Meeting.
MOTION: Selectman Hart moved, with Chairman Macauley seconding, to authorize Town Manage Lunt to enter discussions with Counsel regarding a moratorium on the issue. Motion approved 3-1 (Shubert in opposition).
- Mount Desert Island Regional School System - AOS 91 Long-Range Planning: 10 Years from Now
School Board Representative Caroline Pryor noted four School Committee members, Superintendent Mark Gauss, and MDES Principal Gloria DelSandro were in attendance.
Ms. Pryor noted several issues the School Board was beginning to consider as part of their long-range planning:
- The Transition to standard-based learning.
- Declining enrollment and its social, academic, and athletic impact on students.
- A review of the AOS System, and the pros and cons of changes, including becoming an RSU.
- Planning for capital improvements for all school structures.
- The possibility of revamping the energy input to the schools, environmentally speaking.
Superintendent Gauss commended the schools on MDI. He noted the group hopes to consider these issues, but was not pushing for sweeping change without further review. The system has a website where these issues can be found. Conversations with staffs are planned, as well as meetings with the public.
MDES Principal DelSandro reported a facilities assessment was recently made at the Mount Desert Elementary School, and they are awaiting the results, which will help prioritize long-range planning for the school.
Selectman Dudman inquired about the issue of consolidating the middle schools. Superintendent Gauss noted that smaller classes can be a problem. Consolidation is one way to offer more to students. He noted this is only a consideration, and not a definite plan.
Selectman Shubert complimented the Board for their conscientious and proactive stewardship of the Town’s school funds.
Ms. Pryor noted the cost of simply maintaining the system with no changes or additions is approximately a 3.6% increase. This is due to contractual adjustments, and cost increases.
Selectman Dudman asked why the costs didn’t go down if numbers of students are going down. Ms. Pryor noted that special education costs are going up, and the number of students requiring special education programs is rising. Teachers are still required for diverse programs like gym, languages, and art.
- Town Report Cover and Dedication
Discussion ensued regarding the Town Report cover and dedication.
Last year children’s drawings were used.
It was agreed that photos could be brought and decided upon at the next meeting.
With regard to the dedication, it was decided to honor one of the Town’s unsung heroes. A person was chosen. It was agreed to keep the name secret till closer to the publication of the report.
IX. Other Business
- Such other business as may be legally conducted
Mike Sharpe inquired about his 2016 Rural Wastewater Rebate. He did not receive the rebate, due to an automatic payment that somehow did not get paid out. All other payments that year, before and after the missing monthly payment, were paid in a timely manner, and the missing payment was made up.
MOTION: Selectman Dudman moved, with Chairman Macauley seconding, to approve the reinstatement of Mr. Sharpe’s 2016 Rural Wastewater Rebate. Motion approved 4-0.
X. Treasurer’s Warrants
- Approve & Sign Treasurer’s Warrant AP1741 in the amount of $850,834.65
- Approve Signed Treasurer’s Payroll, State Fees, & PR Benefit Warrants AP 1739, AP1740, and PR1717 in the amount of $3,787.10, $115,050.10, and $90,789.43, respectively
- Acknowledge Treasurer’s School Board AP/Payroll Warrants 09 and 14 in the amounts of $115,320.68 and $60,203.53
MOTION: Selectman Hart moved, with Selectman Dudman seconding, to approve & sign Treasurer’s Warrant AP1741 in the amount of $850,834.65, approve signed Treasurer’s Payroll, State Fees, & PR Benefit Warrants AP 1739, AP1740, and PR1717 in the amount of $3,787.10, $115,050.10, and $90,789.43, respectively, and acknowledge Treasurer’s School Board AP/Payroll Warrants 09 and 14 in the amounts of $115,320.68 and $60,203.53 as presented. Motion approved 4-0.
XI. Adjournment
MOTION: Selectman Shubert moved, with Selectman Dudman seconding, to adjourn the meeting. Motion approved 4-0.
Meeting was adjourned at 8:18 PM.
The next regularly scheduled meeting is at 6:30 p.m., Monday, February 6, 2017 in the Meeting Room, Town Hall, Northeast Harbor
Respectfully Submitted,
Matt Hart, Secretary
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