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Selectmen Meeting Minutes - 03/10/14
Town of Mount Desert
Board of Selectmen
Special Budget/Warrant Meeting Minutes
March 10, 2014

A Special Budget/Warrant 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, Treasurer Kathi Mahar, Assessor Kyle Avila, Code Enforcement Officer Kim Keene, Fire Chief Mike Bender, Police Chief Jim Willis, Harbormaster John Lemoine, Public Works Director Tony Smith, and Town Clerk/Recording Secretary Joelle Nolan; and members of the public.


I.      Call to order at 4:00 p.m.
Chairman Richardson called the meeting to order at 4:00 p.m.

II.     Old Business
        A.      Review Budget
Selectman Shubert initiated a discussion about the projected tax rate.  The bottom line is valuation is down, revenues are down, and school budgets are up.

Discussion of leasing vs purchasing/financing a backhoe for public works resulted in the following:

MOTION:  Selectman Shubert moved, seconded by Selectman Dudman, to recommend a warrant article for a five year lease with Beauregard Equipment for a 2014 Case Backhoe at a cost of $81,695 plus interest.  The vote was unanimous in favor, 5-0.

Referring to Public Works Director Smith’s FY-15 Proposed Small Capital Projects list, Selectman Shubert expressed concerns about adding hot water to the Seal Harbor comfort station.

MOTION  Selectman Shubert moved, seconded by Selectman Dudman to recommend a warrant article to withdraw up to $300,000 from Capital Gains Reserve Account #400-24202 for the following FY-15 Proposed Small Capital Projects:
Seal Harbor Beach Comfort Station $105,000
Town Office Renovations $105,400
Sprinkler System Installation $54,600
Town Office Phone System $14,833
Contingency $15,575
The vote was unanimous in favor, 5-0.

As the Board started its review of the proposed 2014 – 2015 budget from the worksheet date 3/10/14, Selectman Shubert asked to discuss the dollars allotted for merit raises;  the amount appears to be 3% which he thinks is excessive.  He suggested adjusting the percentage to the CPI.  Chairman Richardson noted non-union employees are on a performance evaluation system and union employees receive a set increase each year.  He still believes the biggest cost is the extraordinary health care package; the Town pays 100% of the health insurance premiums for all eligible employees and their families.

Chief Willis said the merit raise evaluation process is very complicated and employees are heavily invested in it, as is the Salary Survey Committee.  He stated the change in health insurance plans a few years ago was implemented without employee input and increased the deductible to $2500, which has caused hardship for some employees.  Chairman Richardson interjected the Town’s health plan is a Cadillac plan; his own plan has a $15,000 deductible.

Discussion of salary adjustments continued.  Town Manager Lunt gave a brief overview of the system implemented several years ago from Darrell Phillips and continued through the Salary Survey Committee.  The system keeps us in line with peer communities; it protects and is accountable.  The dollars for the merit system used to be a separate line item; however, in an attempt to better show department costs, the dollars were moved.  The full amount might not be used; we are budgeting against maximum exposure.  The 3% is not a given; the CPI for the year is the baseline and 1.7% was used this year.  Town Manager Lunt also noted that Department Heads kept the budget increase at a very modest 1.2%.  Most agreed that a good benefit package draws and retains good employees.

Budget review continued by department:  Board of Selectmen no changes; Town Administration no changes; Town Clerk no changes; Registrar no changes; Elections no changes; Planning Board no changes; Finance no changes; Treasurer no changes; Tax Collector no changes; Assessing no changes; Code Enforcement no changes; Unallocated no changes; Human Resources no changes; Technology no changes; General Assistance no changes; Rural Wastewater Support no changes; Police Department no changes; Fire Department no changes; Hydrants no changes; Street Lights moved to Highways; Dispatch no changes; Emergency Management no changes; Highways no changes; Sewer Capital no changes (carry forward); Sewer Operations and Plants no changes; Waste Management no changes; Buildings & Grounds line 155200-55200  Bldg Repair & Maint increase $6500 to $8,780 to include elevator maintenance; Parks & Cemeteries no changes; Recreation (pool) no changes; Community Development no changes; Debt no changes; Libraries no changes; Village Improvement Societies no changes; Recreation no changes; Social Service Agencies no changes; MDES no changes; MDIHS no changes; County Tax no changes; Overlay not determined yet; CIP Transfers (reserve accounts) no changes.

After a review and discussion of Fund Balances and Capital Gains the following motion was made:

MOTION:  Selectman Shubert moved, seconded by Selectman Dudman, to recommend a warrant article to transfer $200,000.00 from the Capital Gains Reserve Account #400-24202 to reduce the 2014-2015 tax commitment.  The vote was unanimous in favor, 5-0.

Board reviewed the draft warrant and took action as follows, with the understanding that the Article numbers will change as articles are added or deleted.

Article 3.      To see if non-voters shall be allowed, when recognized, to speak during the 2014 Annual Town Meeting.

MOTION:  Selectman Macauley moved, seconded by Selectman Dudman to recommend passage of so-called Article 3.  The vote was unanimous in favor, 5-0.

Article 4.      To see if the Inhabitants of the Town of Mount Desert will vote to approve an expenditure of $500.00 from the Animal Welfare Account #400-24204 to Acadia Veterinary Hospital as a donation for the benefit of the Town of Mount Desert Feral Cat Program.

MOTION:  Selectman Dudman moved, seconded by Selectman Macauley to recommend passage of so-called Article 4.  The vote was unanimous in favor, 5-0.

Article 5.      Shall an ordinance dated May 6, 2014 and entitled “Town of Mount Desert Alewife Ordinance” be enacted?  The ordinance reads, in its entirety, “Regulations for the taking of alewives and blue back herring shall be as follows:  For the year July 1, 2014 through June 30, 2015 there shall be no taking of Alewives and Blue Back Herring in the Town of Mount Desert.”

MOTION:  Selectman Macauley moved, seconded by Selectman Shubert to recommend passage of so-called Article 5.  The vote was unanimous in favor, 5-0.

Article 6.      Shall an ordinance dated May 6, 2014 and entitled “An Amendment to the Town of Mount Desert Shellfish Conservation Ordinance” be enacted as set forth below?

5.      Licensing
E.      Limitation of Diggers  Clam resources vary in size and distribution from year to year and over the limited soft shell clam producing areas of the town.  It is essential that the town carefully husband its resources.  Following the annual review of the town’s clam resources, its size distribution, abundance, and the wardens’ reports, as required by Section 3, the Shellfish Conservation Committee in consultation with the DMR Area Biologist will determine whether limiting commercial or recreational shellfish licenses is an appropriate shellfish management option for the following year.
1.      Prior to May 1 the committee shall report its findings and document recommendations for the allocation of commercial and recreational licenses to be made available for the following license year to the Commissioner of Marine Resources for concurrence.
2.      After receiving approval of proposed license allocations from the Commissioner of Marine Resources the Town Clerk shall file said approval in the Town Office.
3.      No digging will be allowed ½ hour before sunrise and 1/2 hour after sunset, except from November 1 to March 1 digging is allowed until 6:00 p.m.
a)      With prior notification to the Town of Mount Desert Dispatcher(s), Town of Mount Desert Commercial License holders shall be allowed to dig after dark.  Notification is defined as, for each occasion, the name of the digger, the specific date of digging, and the general location of digging.
4.      The number of licenses issued shall be determined by the Shellfish Conservation Committee each year prior to May 1st.

MOTION:  Selectman Shubert moved, seconded by Selectman Dudman to recommend passage of so-called Article 6.  The vote was unanimous in favor, 5-0.

Article 7.      Shall an ordinance dated May 6, 2014 and entitled “An Amendment to the Town of Mount Desert Comprehensive Plan” be enacted as set forth below? See Appendix A for the map

Section 6       Maps
Add the Future Land Use Map as described in Section 3 Land Use B Future Use  

Explanation:  The Future Land Use Map was inadvertently not included in the printed version of the Town of Mount Desert Comprehensive Plan after its adoption at the May 5, 2009 Annual Town Meeting; however the Map was included in the version of the Plan reviewed and accepted by the State Planning Office.  This is simply a “housekeeping” formality.

MOTION:  Selectman Shubert moved, seconded by Selectman Macauley to recommend passage of so-called Article 7.  The vote was unanimous in favor, 5-0.

Article 22.     To see if the Inhabitants of the Town of Mount Desert will vote to authorize the Board of Selectmen to accept Conditional Gifts (MRSA 30-A, §5654), Unconditional Gifts (MRSA 30-A §5655), equipment, proceeds from sale of fire equipment or funds on behalf of the Municipal Fire Department.  It is understood that any funds received will be placed in the Fire Equipment Reserve Fund.

MOTION:  Selectman Macauley moved, seconded by Selectman Shubert to recommend passage of so-called Article 22.  The vote was unanimous in favor, 5-0.

Article 23.     To see if the Inhabitants of the Town of Mount Desert will vote to authorize the Board of Selectmen to lease the so-called "training room" at the Seal Harbor Fire Station to the Lurvey Wright American Legion Post No. 103 for a term of one (1) year under such terms and conditions as the Board of Selectmen, in its sole discretion, deems to be in the best interests of the Town.

MOTION:  Selectman Dudman moved, seconded by Selectman Shubert to recommend passage of so-called Article 23.  The vote was unanimous in favor, 5-0.

Article 24.     To see if the Inhabitants of the Town of Mount Desert will vote to authorize the Board of Selectmen to lease a portion of the so-called Visitor Center at the Northeast Harbor Marina to the authorized Ticket Booth operators for a term of one (1) year under such terms and conditions as the Board of Selectmen, in its sole discretion, deems to be in the best interests of the Town.

MOTION:  Selectman Dudman moved, seconded by Selectman Shubert to recommend passage of so-called Article 24.  The vote was unanimous in favor, 5-0.

Article 25.     To see if the Inhabitants of the Town of Mount Desert will vote to authorize the Board of Selectmen, to lease a portion of the so-called Visitor Center at the Northeast Harbor Marina to the Mount Desert Chamber of Commerce for a term of one (1) year under such terms and conditions as the Board of Selectmen, in its sole discretion, deems to be in the best interests of the Town.

MOTION:  Selectman Shubert moved, seconded by Selectman Dudman to recommend passage of so-called Article 25.  The vote was unanimous in favor, 5-0.

Article 26.     To see if the Inhabitants of the Town of Mount Desert will authorize the Board of Selectmen, to negotiate and enter into an agreement with the Neighborhood House Club, Inc. for management and maintenance of the municipal swimming pool, under such terms and conditions as the Board of Selectmen, in its sole discretion, deems to be in the best interests of the Town.

MOTION:  Selectman Macauley moved, seconded by Selectman Shubert to recommend passage of so-called Article 26.  The vote was unanimous in favor, 5-0.

Article 29.     To see if the Inhabitants of the Town of Mount Desert will vote to authorize the Board of Selectmen to accept and expend on behalf of the Town additional state, federal and other funds (including unconditional gifts of money) received during the fiscal year 2014 - 2015 for Town purposes, provided that such additional funds do not require expenditure of local funds not previously appropriated.

MOTION:  Selectman Macauley moved, seconded by Selectman Hart to recommend passage of so-called Article 29.  The vote was unanimous in favor, 5-0.

Article 31.     To see if the Inhabitants of the Town of Mount Desert will vote to authorize the Tax Collector to enter into a standard “tax club” agreement with taxpayers whereby: (1) the taxpayer agrees to pay specified monthly payments to the Town based on the taxpayer’s estimated and actual tax obligation for current year property taxes; (2) the Town agrees to waive interest on timely payments; (3) the Town authorizes the Tax Collector to accept payment of taxes prior to commitment of taxes; (4) the agreement automatically terminates if two consecutive payments are missed and thereupon the taxpayer becomes subject to the same due date and interest rate as other nonparticipating taxpayers; (5) only taxpayers who are current on their property tax obligations may participate; and (6) interested taxpayers shall annually apply for participation by the date shown on the application; date and application format to be determined by the Tax Collector.

Board briefly discussed, in relationship to section (4), the importance of Town Administration working with taxpayers to ensure every effort is made to maintain the Tax Club status.  Reminder notices and phone calls were encouraged.

MOTION:  Selectman Shubert moved, seconded by Selectman Macauley to recommend passage of so-called Article 31.  The vote was unanimous in favor, 5-0.

Article 32.     To see if the Inhabitants of the Town of Mount Desert will vote to authorize the Tax Collector to accept pre-payment of property taxes, with no interest to be paid on same.

MOTION:  Selectman Macauley moved, seconded by Selectman Shubert to recommend passage of so-called Article 32.  The vote was unanimous in favor, 5-0.

Article 34.     To see what sum the Inhabitants of the Town of Mount Desert will vote to raise and/or appropriate to pay overpayment of taxes (due to abatement) and applicable interest granted during this fiscal year.  

MOTION:  Selectman Shubert moved, seconded by Selectman Macauley to recommend appropriation for abatement expenses from overlay.  The vote was unanimous in favor, 5-0.

Article 35.     To see if the Inhabitants of the Town of Mount Desert will vote to authorize the Board of Selectmen to dispose of, by public bid, Town-owned property, other than real property, with a value of ten thousand dollars ($10,000) or less under such terms and conditions as it deems advisable.

MOTION:  Selectman Shubert moved, seconded by Selectman Macauley to recommend passage of so-called Article 35.  The vote was unanimous in favor, 5-0.

Article 36.     To see if the Inhabitants of the Town of Mount Desert will vote to authorize the Board of Selectmen to sell at public auction or by advertised sealed bid, and to convey titles obtained under tax deeds and under deeds of conveyance to the Inhabitants of the Town any land and/or buildings, including trailers, in lieu of payment of taxes except that the Selectmen have the power to authorize redemption.

MOTION:  Selectman Macauley moved, seconded by Selectman Shubert to recommend passage of so-called Article 36.  The vote was unanimous in favor, 5-0.

Article 37.     To see if the Inhabitants of the Town of Mount Desert will vote to authorize the Board of Selectmen to contract for services, in amounts not to exceed appropriation for same, under such terms and conditions as it deems advisable.

MOTION:  Selectman Shubert moved, seconded by Selectman Macauley to recommend passage of so-called Article 37.  The vote was unanimous in favor, 5-0.

Article 38.     To see if the Inhabitants of the Town of Mount Desert will vote to transfer three hundred thousand dollars ($300,000.00) from the Fund Balance Account #100-38300 to reduce the 2014 - 2015 tax commitment.

MOTION:  Selectman Shubert moved, seconded by Selectman Macauley to recommend passage of so-called Article 38.  The vote was unanimous in favor, 5-0.

Article 39.     To see if the Inhabitants of the Town of Mount Desert will vote to transfer $200,000.00 from the Capital Gains Reserve Account #400-24202 to reduce the 2014-2015 tax commitment.

MOTION:  Selectman Shubert moved, seconded by Selectman Macauley to recommend passage of so-called Article 39.  The vote was unanimous in favor, 5-0.

Article 52.     To see if the Inhabitants of the Town of Mount Desert will vote to ratify the Board of Selectmen’s approval of the Marina Enterprise Fund budget with Revenue of $710,000.00 and Expense of $710,000.00

MOTION:  Selectman Shubert moved, seconded by Selectman Macauley to recommend passage of so-called Article 52.  The vote was unanimous in favor, 5-0.

III.    Adjournment

MOTION:  At 6:40 p.m., Selectman Dudman moved, seconded by Selectman Macauley, to adjourn the meeting.  The vote was unanimous in favor, 5-0.

Respectfully submitted,



John B. Macauley
Secretary