Town of Mount Desert
Board of Selectmen
Meeting Minutes
May 20, 2013
A meeting of the Board of Selectmen was held this date in the Conference Room, Town Hall and the Mellon Room, Northeast Harbor Library, Northeast Harbor, Maine.
Those present included: Chairman Tom Richardson; Selectmen Martha Dudman, John Macauley, Rick Mooers, and Dennis Shubert; staff members Town Manager Durlin Lunt, Treasurer Kathi Mahar, Public Works Director Tony Smith, Harbormaster Shawn Murphy, and Town Clerk/Recording Secretary Joelle Nolan; and members of the public.
I. Call to order at 6:00 p.m.
Chairman Richardson called the meeting to order at 6:00 p.m. in the Conference Room of the Town Office.
II. Executive Session (Conference Room, Town Office)
A. Pursuant to 1 MRSA §405.6.F Poverty Abatement Hearing per Tittle 36 MRSA§842
MOTION: Selectman Macauley moved, seconded by Selectman Dudman, to enter into Executive Session Pursuant to 1 MRSA §405.6.F Poverty Abatement Hearing per Tittle 36 MRSA§842. The vote was unanimous in favor, 5-0.
Meeting moved to the Mellon Room, Northeast Harbor Library.
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to exit the Executive Session at 6:32 p.m. The vote was unanimous in favor.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to grant an abatement in the amount of $1573.55 pursuant to Tittle 36 MRSA§842. The vote was unanimous in favor, 5-0.
III. Public Hearing(s)
A. Special Amusement Permit Applications from Giant Slide Food Co LLC dba Watermark Restaurant & Lounge, and Asti Kim Corporation dba Asticou Inn
Chairman Richardson opened the public hearings at 6:35 p.m. Citizen Anne Funderburk commented on the effect of a lack of a noise ordinance. Chairman Richardson closed the public hearings at 6:37 p.m.
III. Minutes after VIII D
A. Approval of minutes from May 7, 2013 meeting.
Town Clerk Nolan explained the minutes were not completed; however, they would be ready for the next meeting.
MOTION: Selectman Macauley moved, seconded by Selectman Mooers to table the approval of minutes from May 7, 2013 meeting to the Board’s June 3, 2013 meeting. The vote was unanimous in favor, 5-0.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley to take agenda item VIII. B. out of order. The vote was unanimous in favor, 5-0.
VIII. New Business
B. Special Amusement Class E Permit Application: Asti Kim Corporation dba Asticou Inn
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to approve the Special Amusement Class E Permit Application from Asti Kim Corporation dba Asticou Inn. The vote was unanimous in favor, 5-0.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley to take agenda item VIII. C. out of order. The vote was unanimous in favor, 5-0.
C. Liquor License Renewal Application: Asti Kim Corporation dba Asticou Inn
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to approve the Liquor License Renewal Application from Asti Kim Corporation dba Asticou Inn. The vote was unanimous in favor, 5-0.
MOTION: Selectman Shubert moved, seconded by Selectman Macauley to take agenda item VIII. D. out of order. The vote was unanimous in favor, 5-0.
D. MeDOT Signage Request from Asti Kim Corporation dba Asticou Inn
MOTION: Selectman Dudman moved, seconded by Selectman Macauley, to approve the MeDOT Signage requests as presented from Asti Kim Corporation dba Asticou Inn. The vote was unanimous in favor, 5-0.
IV. Appointments & Resignations
A. Annual Employee Appointments
MOTION: Selectman Macauley moved, seconded by Selectman Dudman, to approve the annual Employee appointments as presented. The vote was unanimous in favor, 5-0.
B. Annual Board and Committee Appointments
It was noted that Rick Savage has resigned from the Warrant Committee. His name was struck from the reappointment list.
Town Clerk Nolan asked to add Lilian Andrews, Schofield Andrews III, and Joseph Tracy to the Planning Board, with three year terms each.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to approve the annual Board and Committee appointments as amended. The vote was unanimous in favor, 5-0.
C. Appoint Katrina Carter as Commissioner for the Mount Desert Housing Authority term expiring May 31, 2018
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to appoint Katrina Carter as Commissioner for the Mount Desert Housing Authority term expiring May 31, 2018. The vote was unanimous in favor, 5-0.
D. Appoint Wanda Fernald as Commissioner for the Mount Desert Housing Authority term expiring May 31, 2018
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to appoint Wanda Fernald as Commissioner for the Mount Desert Housing Authority term expiring May 31, 2018. The vote was unanimous in favor, 5-0.
E. Confirm Appointment of Ralph Colson Jr as Wastewater Division Summer Helper at an Hourly Rate of $13, effective May 21, 2013
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to confirm the appointment of Ralph Colson Jr as Wastewater Division Summer Helper at an Hourly Rate of $13, effective May 21, 2013. The vote was unanimous in favor, 5-0.
F. Confirm Appointment of Dylan Knowlton as Seasonal Solid Waste Helper at an Hourly Rate of $13, effective June 10, 2013
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to confirm the appointment of Dylan Knowlton as Seasonal Solid Waste Helper at an Hourly Rate of $13, effective June 10, 2013. The vote was unanimous in favor, 5-0.
G. Confirm Appointment of Steve Bernard as Seasonal Solid Waste Helper at an Hourly Rate of $13, effective June 10, 2013
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to confirm the appointment of Steve Bernard as Seasonal Solid Waste Helper at an Hourly Rate of $13, effective June 10, 2013. The vote was unanimous in favor, 5-0.
H. Confirm Appointment of Savanna Hudson as Summer Dock Hand at an Hourly Rate of$16
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to confirm the appointment of Savanna Hudson as Summer Dock Hand at an Hourly Rate of$16. The vote was unanimous in favor, 5-0.
I. Confirm Appointment of Rebecca Edgecomb as Summer Dock Hand at an Hourly Rate of$13
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to confirm the appointment of Rebecca Edgecomb as Summer Dock Hand at an Hourly Rate of$13. The vote was unanimous in favor, 5-0.
J. Confirm Appointment of Brady Smith as Summer Dock Hand at an Hourly Rate of $12
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to confirm the appointment of Brady Smith as Summer Dock Hand at an Hourly Rate of $12. The vote was unanimous in favor, 5-0.
K. Confirm Appointment of Lance Bishop as Summer Dock Hand at an Hourly Rate of $11
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to confirm the appointment of Lance Bishop as Summer Dock Hand at an Hourly Rate of $11. The vote was unanimous in favor, 5-0.
L. Confirm Appointment of Nathan Chisholm as Boat Launch Operator at an Hourly Rate of $13
At the request of Harbormaster Murphy, Nathan Chisholm’s appointment request was removed.
M. Confirm Appointment of Richard Helmke as Boat Launch Operator at an Hourly Rate of $13
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to confirm the appointment of Richard Helmke as Boat Launch Operator at an Hourly Rate of $13. The vote was unanimous in favor, 5-0.
N. Confirm Appointment of Travis Norwood as Boat Launch Operator at an Hourly Rate of $12
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to confirm the appointment of Travis Norwood as Boat Launch Operator at an Hourly Rate of $12. The vote was unanimous in favor, 5-0.
O. Accept with Regret Robert Shea’s Resignation from the Warrant Committee
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to accept with regret Robert Shea’s resignation from the Warrant Committee. The vote was unanimous in favor, 5-0.
The Board requested Town Manager Lunt to write letter of thanks to Mr. Shea for his years of service.
P. Accept with Regret Rick Savage’s Resignation from the Warrant Committee
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to accept with regret Rick Savage’s resignation from the Warrant Committee. The vote was unanimous in favor, 5-0.
The Board requested Town Manager Lunt to write letter of thanks to Mr. Savage for his years of service.
Q. Accept with Regret Christopher Willis’ Resignation from the Investment Committee
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to accept with regret Christopher Willis’ resignation from the Investment Committee. The vote was unanimous in favor, 5-0.
The Board requested Town Manager Lunt to write letter of thanks to Mr. Willis for his years of service.
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.)
A. Department Reports: Code Enforcement, Treasurer/Financials, Public Works, Wastewater Treatment Plants
B. Mount Desert Island School District Trustee, Winning Write-In Candidate
B1. Board of Selectmen Meeting Schedule
C. Holiday Schedule
D. League of Towns Minutes March 26, 2013
E. Hancock County Commissioners Minutes April 2, 2013
F. Hancock County Planning Commission May 28, 2013 Annual Meeting Notice
G. Senator Brian D. Langley Letter Regarding Revenue Sharing Suspension
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to accept items A – G of the Consent Agenda as presented.
DISCUSSION: Selectman Mooers referred to Public Works Director Smith’s report dated May 15, 2013 and his suggestion of reciting the Pledge of Allegiance at Board of Selectmen meetings.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley to add an item to the next Board of Selectmen meeting agenda for a discussion regarding reciting the Pledge of Allegiance at Board of Selectmen meetings.
DISCUSSION: Chairman Richardson acknowledged other towns may recite the Pledge Allegiance; however, he did not recall that it had ever been done at any meeting in this town. He fears it may create problems for those who do not agree with the recitation. He does not want to start something that will create more havoc. There are different versions of the pledge; a decision would have to be made as to which version to use. He said although he certainly is not against the pledge, these meetings may not be the appropriate place. There being no further discussion, he called for a vote.
VOTE: The motion was defeated, 2-3 with Chairman Richardson, Selectman Shubert, and Selectman Dudman voting against.
Chairman Richardson then called for a vote on the motion to accept the Consent Agenda as presented.
VOTE: The vote was unanimous in favor, 5-0.
VI. Selectmen’s Reports
None presented.
VII. Old Business
A. Sidewalk Issues tabled from April 29, 2013
Selectman Mooers suggested this issue had been dispensed with at the Board’s previous meeting prior to Town Meeting; even though the request was made to have it on this agenda, it is a moot issue.
Chairman Richardson asked if the Board member making the motion to table would like to withdraw his motion. It was determined that Selectman Shubert made the motion to table, seconded by Selectman Dudman.
From Board of Selectmen Meeting Minutes April 29, 2013:
MOTION: Selectman Shubert moved, seconded by Selectman Mooers, that John Goodwin and Peasley O’Hallorhan not be allowed to submit bids for Town of Mount Desert projects for a period of 3 years.
DISCUSSION: Selectman Shubert suggested there is a knowledge deficit regarding this matter and asked that the Town Manager look into the legality of his motion.
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to table his former motion until the Board’s May 20th meeting allowing the Town Manager to research the legality. The vote was in favor, 4-0.
DISCUSSION: Selectman Shubert said he brought this forth for discussion because he thinks the Board needs to publicly recognize that the contractors did not provide the services as stated in the contract for the money the Town paid them. The question is what can the Board do to demonstrate that it expects trades people to deliver what was promised. He suggested a 3 year disallowance to submit bids, recognizing there are other mechanisms. Town Manager Lunt reported that it would be legal to disallow certain contractors to bid on town projects; however, there are other methods regarding bids. The Board already has the right to accept or reject all bids for any reason.
Chairman Richardson stated there is a motion on the floor to exclude two different contractors from the bid process for a period of three years. Selectman Mooers agreed the Board can already accept or deny any bid that it might receive. He expressed concerns about developing a policy that would apply for the next three years and would then be imposed on a potentially changing Board, which may not agree with the policy. Selectman Dudman asked Public Works Director Smith for his opinion. He agreed the Board currently has the right to accept or reject any bids. Selectman Shubert said he still sees the problem as transparency; the how and why bids are received needs to be transparent. He wondered if there is a policy in place for how contracts are devised and if the Board
can clearly take into account the failure of a prior contractor. Town Manager Lunt stated that the Board has a blanket authority to accept or reject any bid, even based on past performance. He suggested it would be best to keep the current flexibility as opposed to codifying reasons. Selectman Shubert summarized the current process as the bid being accepted in a public meeting at which time it could be stated that even if contractor X’s bid is ten percent lower than all other bids, the Board could still reject the bid. Selectman Dudman said Public Works Director Smith gives a thorough summary in his recommendation including the contractors’ past performance. Hearing no call for further discussion, Chairman Richardson called for a vote on Selectman Shubert’s original motion to disallow certain contractors to bid.
VOTE: The motion failed, 0-5 with all Board members voting against.
B. LUZO Review Advisory Group Update, Noel Musson
Mr. Musson was present and gave the Board an update on projects and a timeline working toward the July 25, 2013 Special Open Floor Town Meeting to address changes to the LUZO (Land Use Zoning Ordinance) and a proposed Quarrying Ordinance. The Planning Board will hold a public hearing June 10 on the proposed ordinance which is nearing final draft. The timeline also calls for the Board of Selectmen to hold a public hearing at its July 15th meeting.
The goal of the LUZO Review Advisory Group has been to create a new set of standards for mineral extraction, which has been narrowed down to quarrying, and to create an ordinance addressing quarrying licensing, including current and potentially new quarries. Performance standards are incorporated giving the Planning Board the ability to address such issues as noise, buffering, dust, ground water quality etc.
Two warrant articles will be proposed. The first will include changes to the LUZO and the proposed new ordinance, allowing new quarrying. The second article is a contingency if the first fails; it too presents changes to the LUZO, but applies the new ordinance to only existing quarries.
Mr. Musson believes the proposals meet the objectives; however, there is room for modifications in the future.
Referencing such things as noise and dust, Selectman Shubert asked who pays for monitoring. Mr. Musson said although those issues are still being tweaked, the ordinance will be enforced by the Code Enforcement Officer. The complexities of noise and a noise ordinance were discussed (decibels of average street noise [70] to when protection is needed [85]).
Selectman Mooers said we need to be mindful of other areas in Mount Desert, besides Hall Quarry, that could be quarried, and the proximity to residential neighborhoods. Mr. Musson thought the proposals offered a balanced approach to both residents and the business of quarrying. Town Manager Lunt stated although the proposed ordinance is far from perfect, and will need to be worked on, the Group is attempting to reach out for a starting place with reasonable protections, and not an all or nothing approach. Board thanked Mr. Musson and the Group for their efforts.
VIII. New Business, continued
A. Special Amusement Class E Permit Application: Giant Slide Food Co LLC dba Watermark Restaurant & Lounge
MOTION: Selectman Dudman moved, seconded by Selectman Macauley, to approve the Special Amusement Class E Permit Application from Giant Slide Food Co LLC dba Watermark Restaurant & Lounge. The vote was unanimous in favor, 5-0.
E. Liquor License Renewal Application: Elmer Beal Jr & B Allison Martin dba Burning Tree Restaurant
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to approve the Liquor License Renewal Application from Elmer Beal Jr & B Allison Martin dba Burning Tree Restaurant. The vote was unanimous in favor, 5-0.
F. Village Green Special Event Application: Neighborhood House for Steel Drum Concert July 17, 2013
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to approve the Village Green Special Event Application: Neighborhood House for Steel Drum Concert July 17, 2013. The vote was unanimous in favor, 5-0.
G. Game of Chance Application License to Operate: Hospice Regatta of Maine July 13, 2013
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to approve the Game of Chance Application License to Operate: Hospice Regatta of Maine July 13, 2013. The vote was unanimous in favor, 5-0.
H. Road Salt Pricing for Fiscal Year 2013-2014
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to purchase 1,500 tons of road salt from Harcross for the FY 2013-2014 at $57.31 per ton. The vote was unanimous in favor, 5-0.
I. Representation Request from Hancock County Planning Commission
There were no volunteers.
MOTION: Selectman Macauley moved, seconded by Selectman Shubert, to table the item to a date to be determined. The vote was unanimous in favor, 5-0.
J. Special Town Meeting Warrant June 11, 2013 Mount Desert Elementary School Budget Validation Referendum
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to approve and sign the Special Town Meeting Warrant June 11, 2013 Mount Desert Elementary School Budget Validation Referendum. The vote was unanimous in favor, 5-0.
K. Such other business as may be legally conducted
None presented.
IX. Treasurer’s Warrants
A. Approve & Sign Treasurer’s Warrant #132 in the amount of $460,075.12
B. Approve Signed Treasurer’s State Fee Warrants #128 & 130 in the amount of $4,032.45 & $2,990.00, respectively
C. Approve Signed Treasurer’s Wage & Benefit Warrants #129 & 131 in the amount of $44,159.25 & $46,189.82, respectively
D. Acknowledge Treasurer’s School Board Payroll/AP Warrants #10b, 11 & 23 in the amount of $75,713.75, $41,380.88, & $81,501.62
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to approve and acknowledge Treasurer’s Warrants totaling $756,042.89 as described in agenda items IX. A. – D. The vote was unanimous in favor, 5-0.
XI. Adjournment
MOTION: At 7:35 p.m., Selectman Mooers moved, seconded by Selectman Macauley, to adjourn the meeting.
Respectfully submitted,
John B. Macauley
Secretary
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