Town of Mount Desert
Board of Selectmen
Meeting Minutes
March 3, 2014
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, Matt Hart, John Macauley, and Dennis Shubert; staff members Town Manager Durlin Lunt, Public Works Director Tony Smith, Fire Chief Mike Bender, Police Chief Jim Willis, Assessor Kyle Avila, Code Enforcement Officer Kim Keene, Harbormaster John Lemoine, 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.
II. Executive Session
A. Pursuant to 1 MRSA§405(6)(E) Consultation with legal counsel concerning a potential consent agreement.
MOTION: At 6:02 p.m. Selectman Shubert moved, seconded by Selectman Macauley, to enter into Executive Session pursuant to 1 MRSA§405(6)(E) consultation with legal counsel concerning a potential consent agreement. The vote was unanimous in favor, 5-0.
MOTION: At 6:30 p.m. Selectman Shubert moved, seconded by Selectman Macauley, to exit the Executive Session. The vote was unanimous in favor, 5-0.
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to approve the Administrative Consent Agreement, as presented, between the Town and Jason Watson/MDI Tree Service. The vote was unanimous in favor, 5-0.
III. Minutes
A. Approval of minutes from the February 25, 2014 special budget/warrant meeting
MOTION: Selectman Dudman moved, seconded by Selectman Macauley, to approve the minutes from the February 25, 2014 special budget/warrant meeting. The vote was unanimous in favor, 5-0.
B. Approval of minutes from the February 25, 2014 regular meeting
MOTION: Selectman Macauley moved, seconded by Selectman Dudman, to approve the minutes from the February 25, 2014 regular meeting. The vote was unanimous in favor, 5-0.
IV. Appointments/Recognitions/Resignations
A. Confirm Appointment of Frederick H. Cahn as Part-Time Police Officer and Dispatcher at a rate of $16/hour effective March 4, 2014
MOTION: Selectman Macauley moved, seconded by Selectman Shubert, to Confirm Appointment of Frederick H. Cahn as Part-Time Police Officer and Dispatcher at a rate of $16/hour effective March 4, 2014. The vote was unanimous in favor, 5-0.
B. Confirm Appointment of David Ashmore as Regular Planning Board Member effective March 4, 2014 with a term Expiring May 2016
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to Confirm Appointment of David Ashmore as Regular Planning Board Member effective March 4, 2014 with a term Expiring May 2016. The vote was unanimous in favor, 5-0.
C. Confirm Appointment of David Ashmore to the LUZO Advisory Group Effective March 4, 2014
MOTION: Selectman Macauley moved, seconded by Selectman Shubert, to Confirm Appointment of David Ashmore to the LUZO Advisory Group Effective March 4, 2014. The vote was unanimous in favor, 5-0.
D. Recognize Maine DEP’s Compliments for Job Well Done to the Wastewater Treatment Plant Staff
MOTION: Selectman Macauley moved, seconded by Selectman Dudman, to Recognize Maine DEP’s Compliments for Job Well Done to the Wastewater Treatment Plant Staff. The vote was unanimous in favor, 5-0.
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.)
A. Event Committee Meeting Minutes February 11, 2014
B. Planning Board Meeting Minutes January 22, 2014
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to accept the Consent Agenda as presented. The vote was unanimous in favor, 5-0.
VI. Selectmen’s Reports
None presented.
VII. Old Business
A. LUZO Advisory Group with Proposed Amendments for Annual Town Meeting
Noel Musson, Planning Consultant, referred to the thirteen proposed warrant articles involving some minor changes and some major changes to the Land Use Zoning Ordinance. The Planning Board will hold a public hearing on the proposed changes March 13, 2014, which will be finalized for the March 17th Board of Selectmen meeting.
Mr. Musson said the Group plans to continue to work on the LUZO and present more changes next year.
Selectman Macauley asked if the Group will be presenting a noise ordinance and Mr. Musson replied it is not currently on his agenda, however, he is happy to add it. He suggested presenting the Board with a few models and then decide how to proceed.
MOTION: Selectman Macauley moved, seconded by Selectman Shubert, to have Noel Musson and the LUZO Advisory Group present the Board with noise ordinance models for review. The vote was unanimous in favor, 5-0.
B. Budget Review, continued
1. Revenues
Assessor Avila reviewed the Municipal Tax Rate Calculation Standard Form, which assessors across the State use to calculate the mil rate.
The Revenue worksheet was reviewed. Before any final votes, a decision needs to be made about capital gains. Investment reports will be sent to the Board on a quarterly basis. Also, the budget sub-committee of the Warrant committee would like to have a copy.
2. Marina
Numbers reviewed.
3. 3rd Party/Service Group 2014-2015 Budget Requests
Board noted the addition of $1,000 for the LifeFlight Foundation.
VIII. New Business
A. Schooner Lynx, Potential Visit to Northeast Harbor Marina July 2014
Jackie Hewett, Economic Development Consultant and John Lemoine, Harbormaster were present. The only space available to accommodate the size of the ship is at the end of the dock. The estimated docking fee that the Board is requested to waive is $2,000. Harbormaster Lemoine reported that the Marine Management Committee is in favor of the idea, however, they are concerned about the “donation” of $2000 and the potential infringement upon the privacy of paying customers. Ms. Hewett explained the so-called loss of $2000 should be recouped by the additional people this event will bring to the Town. The Event Committee is planning several activities to coincide. The ship will be here for four days; tours will be conducted mornings and sailing trips afternoons. Crowd control will be in place from the shore to the ship.
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to authorize dock space with no docking fee for the schooner Lynx four day visit, commencing either July 17, or July 24, 2014, to the Northeast Harbor Marina.
DISCUSSION: Concerns were expressed about the potential loss of revenue, which was countered with the potential gain from additional people in town to see the ship. Some also thought it wrong to have the ship charge fees and have the docking fee waived. Others thought this event might hurt the local commercial marine operations; again, the potential gains were mentioned.
VOTE: The vote was unanimous in favor, 5-0.
Ms. Hewett will obtain a definitive date as soon as possible.
B. Quarrying License Application, Determination of Fee
Code Enforcement Officer Kim Keene reminded the Board that the July 25, 2013 Special Town Meeting resulted in a Quarrying License Application to go along with the new Quarrying License Ordinance. She needs guidance setting the application fee. The process is somewhat involved with advertising, notifications, etc. Selectman Dudman asked if the Town expects the fees to cover administration costs. Board agreed it needed more information from the CEO and asked her to provide at a future meeting.
C. Otter Creek Fire Pond, Release of Funds for Project Engineer Work
MOTION: Selectman Macauley moved, seconded by Selectman Shubert, to release $2,615.37 from Otter Creek Fire Pond Account 4040300-24474 for payment to Hedefine Engineering & Design, Inc. for project engineer work on the Otter creek Fire Pond. The vote was unanimous in favor, 5-0.
D. Seal Harbor Float Bids
MOTION: Selectman Macauley moved, seconded by Selectman Shubert, to accept Wilfred Mincton’s’ (Charles Bradley Barge) bid in the amount of $22,210.58 for the construction, delivery, and installation of two 20 ft x 20 ft floats for the Seal Harbor Pier; and to authorize the expenditure of $22,210.58 from the Seal Harbor Moorings/Floats Reserve Account 4010200-24601 for same. The vote was unanimous in favor, 5-0.
E. Town Report Cover and Dedication
Board suggested a picture collage of seasonal, local scenery for the Town Report cover, and a picture collage of summer and year round citizens for the dedication.
F. Fuel Assistance Petition
Town Manager Lunt referred to the appeal from John Bradford, Chairman of the OneHancock Committee, regarding use of the wind farm money sent to Hancock County. The Committee is sponsoring an appeal to use the wind farm money for fuel assistance. Board chose to take no action.
G. Such other business as may be legally conducted
None presented.
IX. Treasurer’s Warrants
A. Approve & Sign Treasurer’s Warrant AP1451 in the amount of $807,827.54
B. Authorized Warrants to be Signed: Treasurer’s Payroll, State Fees, & PR Benefit Warrants PR1438, PR1439, AP1449, & AP1450 in the amount of $51,833.34, $31,527.13, $2.957.00, & $20,099.76, respectively
C. Acknowledge Treasurer’s School Board Payroll Warrant 18 in the amount of $130,193.56
MOTION: Selectman Macauley moved, seconded by Selectman Dudman, to approve and acknowledge Treasurer’s Warrants A – C totaling $1,044,438.33. The vote was unanimous in favor, 5-0.
X. Executive Session 8:40
A. Pursuant to 1 MRSA§405(6)(A) Personnel matter regarding a review of the Police Chief job sharing
MOTION: At 8:40 p.m., Selectman Macauley moved, seconded by Selectman Shubert, to enter into Executive Session pursuant to 1 MRSA§405(6)(A) Personnel matter regarding a review of the Police Chief job sharing. The vote was unanimous in favor, 5-0.
MOTION: At 9:00 p.m., Selectman Macauley moved, seconded by Selectman Shubert, to exit the Executive Session. The vote was unanimous in favor, 5-0.
No action was taken.
XI. Adjournment
MOTION: At 9:01 p.m., Selectman Macauley moved, seconded by Selectman Shubert, to adjourn the meeting. The vote was unanimous in favor, 5-0.
Respectfully submitted,
John B. Macauley
Secretary
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