Selectmen Meeting Minutes

Town of Mount Desert

Board of Selectmen

Meeting Minutes

A meeting of the Board of Selectmen was held this date in the Meeting Room, Town Hall, Northeast Harbor, Maine.

Those present included:  Vice Chairman Dennis Shubert, Selectmen Matt Hart, and Martha Dudman, Town Manager Durlin Lunt, Treasurer Kathi Mahar, Fire Chief Mike Bender, Public Works Director Tony Smith, Town Clerk, Claire Woolfolk, Recording Secretary Heidi Smallidge, and members of the public.

        Vice Chairman Shubert called the meeting to order at 6:30 p.m.

        There were no public hearings.

MOTION - Selectman Hart moved, with Selectman Dudman seconding, to table the Minutes till next meeting.  Motion approved 3-0.

Motion - Selectman Dudman moved, with Selectman Hart seconding, the appointment of the part-time on-call firefighters as outlined in the memo dated June 29, 2016 presented to the Board at the starting pay of $13.25 an hour.  Motion approved 3-0.

After some discussion, the appointment of Benjamin Wallace was tabled.

MOTION – Selectman Hart moved, with Selectman Dudman seconding, to confirm the appointment of Chapin McFarland as full-time firefighter at $17.00 per hour, effective July 18, 2016.  Motion approved 3-0.

MOTION - Selectman Hart moved, with Selectman Dudman seconding, to approve John Littlefield as Wastewater Lab Technician at $21.01 per hour effective July 5, 2016.  

Public Works Director Tony Smith noted there is certification involved in this position, as with all Wastewater staff.  Employees of the Wastewater Division must maintain DEP-approved training to maintain licensing.

Motion approved 3-0.

MOTION - Selectman Dudman moved, with Selectman Hart seconding, to acknowledge Sgt. Leigh Guildford with thanks.  Motion approved 3-0.

Selectman Dudman commented on the nice note sent to Police Chief Willis.  

MOTION - Selectman Hart moved, with Selectman Dudman seconding, to approve the Consent Agenda as presented.  Motion approved 3-0.

Selectman Dudman thanked Public Works Director Smith for removing the cones where the phone booths had been removed.

Otter Creek resident Steve Smith inquired about the status of Acadia National Park acquisition of Schoodic Woods.  

Town Manager Durlin Lunt informed Mr. Smith that the vote taken was to put the item on the legislative docket.  Other riders Mr. Smith was interested in had not been included because they have not been discussed with Acadia National Park yet.  There would be other opportunities to discuss the issues.  Those riders may not be addressed before the centennial, but there would be opportunity to comment.   

None Scheduled

Town Manager Lunt recommended signing the agreement.  

MOTION - Selectman Dudman moved, with Selectman Hart seconding, to authorize the Vice Chairman Shubert of the Board of Selectmen to sign the Service Agreement with Group Dynamics Inc.  Motion approved 3-0.

MOTION - Selectman Dudman moved, with Selectman Hart seconding, to authorize Vice Chairman Shubert of the Board of Selectmen to sign the Agreement with Group Dynamics Inc. for the Flexible Benefit Plan.  Motion approved 3-0.

Town Manager Lunt stated he was still working on compiling the suggestions and other issues discussed at the meeting with the employees.  Mr. Lunt is waiting for more information for two items.  He suggested deferring discussion of the issue till the list is ready for consideration.  Mr. Lunt hoped it would be ready by the July 18 meeting.

MOTION - Selectman Hart moved, with Selectman Dudman seconding, to table discussion of action on non-union employees’ request for consideration regarding health insurance premiums to the July 18, 2016 Board of Selectmen’s meeting.  Motion approved 3-0.

MOTION - Selectman Hart moved, with Selectman Dudman seconding, to approve Public Words Director Smith to authorize Norwood DeLaittre & Sons, Inc. to perform Stone Work on the Town Office Main and Meeting House Entrances at a cost of $5,500.00 to be paid from Town Office Building Reserve Account number 4050100-24570.  Motion approved 3-0.

MOTION - Selectman Dudman moved, with Selectman Hart seconding, to authorize Vice Chairman Shubert to sign the contract with James W. Wadman, CPA to provide audit services for the Town of Mount Desert for Fiscal Year ending June 30, 2016.  Motion approved 3-0.

MOTION - Selectman Hart moved, with Selectman Dudman seconding, to approve the vessel “America” request for charter on August 7, 2016.  

Dave Schoeder, Commodore of the Northeast Harbor Fleet, reported to the Board he had been contacted by Town of Bar Harbor Yacht Club Commodore Sandy McFarland about a replica of the “America” being in Bar Harbor, and he hoped to get it to visit Northeast Harbor.  The vessel would be open in the morning to the public at no cost, and there would be two charters in the afternoon, weather permitting.  Space for the ship has been secured at the end of the dock.  Arrangements have been made with the Harbormaster.

Motion approved 3-0.

Vice Chairman Shubert inquired what the goal of this discussion was.  Otter Creek resident Steve Smith requested support for his argument of Town ownership of the boat slip and boat slip wharf in Otter Creek.  He felt Acadia National Park was encroaching on the ownership of the area in question and noted the Park intended to tear structures down and seize the area without an Army Corps of Engineers permit.  The land in question was the area between high water and low water and the area in front of the fish house.  Mr. Smith reported that in a 1983 federal court case, the Park agreed to hire an independent surveyor.  The survey was included in the 1985 legislation and shows the wharf.  Mr. Smith stated the property in question is the Aid Society property and the fish house in Otter Creek.  Mr. Smith said the wharf is in front of the Aid Society building, below the high water mark.   Mr. Smith reported the Park has been cutting trees on the Aid Society property without permission.  It was noted the building is for the public’s general use.

Mr. Lunt asked whether there was a survey available.  Mr. Smith noted there had been a survey done.  He had the survey number.  

John Davis provided some historic information on the Aid Society.  

Vice Chairman Shubert felt the question should be settled.  

Town Manager Lunt suggested working with Mr. Smith to get the survey for the next meeting.  Selectman Dudman asked Mr. Lunt to call the park to request they hold off on further work while they look into it.  Mr. Lunt agreed to call.  

MOTION - Selectman Dudman moved, with Selectman Hart seconding, to ask the Town Manager to request Acadia National Park continue to hold off in dismantling the wharf in Otter Creek until more information clarifying ownership can be obtained and to try to obtain information clarifying ownership.

It was noted that if the Town disagrees with the Park then the court would have to make a summary judgement.  Resident Rodney King stated there had been a meeting with a Park official regarding high and low water mark.  He noted the Park boundaries around the fish house.  The Park stated they could in fact own to low water mark because they were the federal government.  

Vice Chairman Shubert felt there was a lot to clarify, and he would certainly support the Town being active if ownership can be determined.  

Motion approved 3-0.

Mr. Lunt recommended the Board vote for the two listed on the ballot; Gary Fortier – Councilor, City of Ellsworth and Jim Schatz – Selectman of Blue Hill.  

MOTION - Selectman Dudman moved, with Selectman Hart seconding, to vote for Gary Fortier and Jim Schatz.  Motion approved 3-0.

No other business was stated.

MOTION Selectman Dudman moved, with Selectman Hart seconding, to approve Treasurer’s Warrant AP1684 in the amount of $150,073.59, Treasurer’s Payroll, State Fees, & PR Benefit Warrants AP1682 and AP1683, PR1652, PR1653, PR1653V, and PR1654 in the amounts of $4,058.00, $4,884.69, $43,786.08, $50,489.68, $(500.00), and $606.56, respectively, and acknowledge Treasurer’s School Board AP/Payroll Warrant 14 in the amount of $54,157.55.  Motion approved 3-0.

None Scheduled.

MOTION:  Selectman Dudman moved, with Selectman Hart seconding, to adjourn the meeting.  Motion approved 3-0.

Meeting adjourned at 7:05.

It was found that Steve Smith of Otter Creek had additional items to discuss with the Board.

MOTION - after some discussion, Selectman Hart moved, with Selectman Dudman seconding, to call the meeting back in to Session.  Motion approved 3-0.

The meeting was called back into session.

Mr. Smith voiced concern over a culvert on Grover Avenue that had been removed.  

Public Works Director Tony Smith stated he had planned to put a culvert in and emailed Keith Johnson of Acadia National Park of his intentions.  Mr. Johnson stated the culvert was not necessary.  Public Works Director Smith verified a culvert is shown on old plans.  

Vice Chairman Shubert felt it was a private dispute between Mr. Smith and the Park.  He suggested that perhaps Mr. Smith could obtain documentation of a culvert being there from Public Works Director Smith.  

Mr. Smith stated he wanted Otter Creek’s septic problem cleaned up.  The Otter Creek area inside the Causeway was polluted due to the bad design of the old wastewater plant, and the clams can’t be eaten.  

Vice Chairman Shubert felt this was a discussion that could be had outside of the Board of Selectman meeting.  Resident Rodney King agreed to continue the discussion with Mr. Shubert after the meeting.

MOTION - Selectman Hart moved, with Selectman Dudman seconding, to adjourn the meeting.  Motion approved 3-0.

Meeting was adjourned at 7:10 pm.

Respectfully submitted,

Matthew J. Hart, Secretary