Town of Mount Desert
Board of Selectmen
Meeting Minutes
March 17, 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.
II. Executive Session
A. Pursuant to 1 MRSA§405(6)(E) Consultation with legal counsel concerning a potential consent agreement
MOTION: At 6:00 p.m. Selectman Macauley moved, seconded by Selectman Shubert, to enter into Executive Session pursuant to 1 MRSA§405(6)(E) regarding consultation with legal counsel concerning a potential consent agreement. The vote was in favor, 4-0. Selectman Dudman joined the meeting at 6:03 p.m.
MOTION: At 6:12 p.m. Selectman Macauley moved, seconded by Selectman Shubert, to close the Executive Session. The vote was unanimous in favor, 5-0.
B. Pursuant to 1 MRSA§405(6)(A) to discuss personnel request for leave without pay
MOTION: At 6:13 p.m. Selectman Macauley moved, seconded by Selectman Shubert, to enter into Executive Session pursuant to 1 MRSA§405(6)(A) to discuss personnel request for leave without pay. The vote was unanimous in favor, 5-0.
MOTION: At 6:17 p.m. Selectman Macauley moved, seconded by Selectman Dudman, to close the Executive Session. The vote was unanimous in favor, 5-0.
Upon entering the public meeting at approximately 6:30 p.m., Chairman Richardson called for action from the Executive Sessions.
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to sign the Administrative Consent Agreement, as presented, between Forrest Berkley and Marcie Tyere as Trustees of the Forrest Berkley Trust and the Town of Mount Desert. The vote was unanimous in favor, 5-0.
MOTION: Selectman Dudman moved, seconded by Selectman Macauley, to approve ten days of unpaid leave for an employee. The vote was unanimous in favor, 5-0.
Chairman Richardson referenced the proposed Solid Waste Ordinance noting that prior to the public hearing, the Board needs to discuss the ordinance. He referred to the short notice to review, and suggested tabling it for another year or a Special Town Meeting if there is one. Selectman Shubert explained the document is a derivative of a prior document reviewed and does not contain any substantive changes.
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to add the proposed Solid Waste Ordinance to the Warrant for the May 5 & 6, 2014 Annual Town Meeting.
DISCUSSION: It was explained that this ordinance reflects current practice, would allow for enforcement, and regulates private haulers.
VOTE: The vote was unanimous in favor, 5-0.
III. Public Hearing(s)
A. May 5 & 6, 2014 Annual Town Meeting Proposed Warrant Articles for Appropriation of Funds and Ordinance Amendments
At 6:38 p.m., Chairman Richardson opened the public hearing for discussion. Hearing no comment, he closed the public hearing at 6:30 p.m.
B. Postponed until April 7, 2014: Dawnland LLC dba Jordan Pond House New Liquor License Application
Due to the fact that the advertising was not timely, this hearing needs to be postponed.
MOTION: Selectman Macauley moved, seconded by Selectman Dudman, to postpone the public hearing for Dawnland LLC dba Jordan Pond House new Liquor License Application to April 7, 2014. The vote was unanimous in favor, 5-0.
IV. Minutes
A. Approval of minutes from March 3, 2014 meeting
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to approve the minutes from the March 3, 2014 Regular Meeting as presented. The vote was unanimous in favor, 5-0.
B. Approval of minutes from March 10, 2014 meeting
MOTION: Selectman Macauley moved, seconded by Selectman Hart, to approve the minutes from the March 10, 2014 Special Budget/Warrant Meeting as presented. The vote was unanimous in favor, 5-0.
V. Appointments/Recognitions/Resignations
A. Confirm Appointment of Reid Swanson to the Shellfish Conservation Committee
MOTION: Selectman Macauley moved, seconded by Selectman Dudman, to confirm the appointment of Reid Swanson to the Shellfish Conservation Committee effective March 18, 2014. The vote was unanimous in favor, 5-0.
B. Confirm Appointment of Jason Willard to the Shellfish Conservation Committee
MOTION: Selectman Macauley moved, seconded by Selectman Hart, to confirm the appointment of Jason Willard to the Shellfish Conservation Committee effective March 18, 2014. The vote was unanimous in favor, 5-0.
VI. 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: Public Works, Wastewater Treatment Plants, Fire, Treasurer (Financials)
B. Event Committee Meeting Minutes February 25, 2014
C. Hancock County Commissioners Meeting Minutes February 4, 2014
D. Hancock County Commissioners Meeting Minutes February 18, 2014
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to approve the Consent Agenda as presented. The vote was in favor, 5-0.
VII. Selectmen’s Reports
None presented.
MOTION: Selectman Macauley moved, seconded by Selectman Shubert, take out of order agenda item IX. New Business A. Easement Deeds. The vote was unanimous in favor, 5-0.
IX. New Business
A. Easement Deeds
There are two easement deeds being prepared to allow access to the Otter Creek Fire Pond which is located on privately held property. Fire Chief Bender reported one deed has been signed and the second Easement is ready to be signed. He requested to have them added to the Annual Town Meeting Warrant.
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to add the Modeen Easement Deed to the May 5 & 6, 2014 Annual Town Meeting Warrant. The vote was in favor, 5-0.
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to add the Richardson Easement Deed to the May 5 & 6, 2014 Annual Town Meeting Warrant. The vote was in favor, 5-0.
VIII. Old Business
A. Annual Town Meeting Warrant Review and Votes
Chairman Richardson explained now that Article 8 has been created dealing with the Solid Waste Ordinance, the Board needs to vote to recommend passage.
Article 8. Shall an ordinance dated May 6, 2014 and entitled “Town of Mount Desert Solid Waste Ordinance” be enacted?
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to recommend passage of so-called Article 8. The vote was unanimous in favor, 5-0.
Chairman Richardson initiated a discussion about the so-called articles 13, 14, 15, and 16 that the Planning Board has chosen not to recommend and said he believes that action suggests ambiguity. Town Manager Lunt advocated sending the articles back to the LUZO Advisory Group to research for another year. And Chairman Richardson said he would like to have proposed changes recommended by the Planning Board.
Noel Musson, consultant for the LUZO Advisory Group, was present and said he has been communicating with the Planning Board; however, last week was the first time the public chose to participate and make comment which resulted in the Planning Board not recommending certain articles. In his opinion, the Shoreland Residential area changes were not well received. Selectman Shubert said he had a slightly different take - People present were thoughtful, involved, and wanted to improve the commercial use area issue. It was noted the Planning Board appreciated the discussion and agreed to go back to the drawing board.
Board reviewed and voted on the remainder of its articles, as presented, for the Annual Town Meeting Warrant:
Article 24. To see if the Inhabitants of the Town of Mount Desert will vote to authorize the Board of Selectmen to enter into easement agreements with two abutters to the so-called Otter Creek Fire Pond under such terms and conditions as the Board of Selectmen, in their sole discretion, deem to in the best interests of the Town to ensure access to the Pond and a dry hydrant located in and near the Pond for emergency use during firefighting/training and for future upkeep and maintenance.
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, 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 sell a 1575 square foot portion of land from Map 24 Lot 97, to be merged with Map 24 Lot 111 located at 106 Kimball Lane, Northeast Harbor, to the Estate of Mary K. Stanley for the sum of Thirty Seven Thousand One Hundred Dollars ($37,100) payable in full in exchange for the Selectmen’s execution and delivery of a Municipal Quitclaim Deed without covenant for same.
MOTION: Selectman Dudman moved, seconded by Selectman Macauley, to recommend passage of so-called Article 25. The vote was in favor, 3-2, with Selectmen Shubert and Dudman voting against.
Article 29. To see if the Inhabitants of the Town of Mount Desert will vote to approve July 1, each year, as the date on which all taxes shall be due and payable providing that all unpaid taxes on September 1 of each year shall be charged interest at an annual rate of 7% (percent) per year. (Tax Club members are exempt within the terms and conditions of the Town’s Tax Club Agreement.)
MOTION: Selectman Macauley moved, seconded by Selectman Dudman, to recommend passage of so-called Article 29. The vote was unanimous in favor, 5-0.
Article 32. To see if the Inhabitants of the Town of Mount Desert will vote to set the interest rate to be paid by the Town for abated taxes that have been paid at the rate of 3% (percent) per year.
MOTION: Selectman Macauley moved, seconded by Selectman Hart, to recommend passage of so-called Article 32. The vote was unanimous in favor, 5-0.
Article 39. To see if the Inhabitants of the Town of Mount Desert will vote transfer up to three hundred thousand dollars ($300,000.00) from the Capital Gains Reserve Account #400-24202 for the following 2014 – 2015 Proposed Small Capital Projects: Seal Harbor beach Comfort Station $105,000.00; Town Office Renovations $105,400.00; Town Office Sprinkler System Installation $54,600.00; Town Office Building Phone System $14,833.00; and a Contingency of $15,575.00.
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 40. To see what sum the Inhabitants of the Town of Mount Desert will vote to raise and/or appropriate as Revenue through Excise Taxes, Service Fees and miscellaneous sources for the 2014 - 2015 Town Budget.
MOTION: Selectman Macauley moved, seconded by Selectman Dudman, to recommend passage of so-called Article 40 at $1,093,730.00. The vote was unanimous in favor, 5-0.
Article 41. To see what sum the Inhabitants of the Town of Mount Desert will vote to raise and appropriate for Department 1220 and 1221 General Government – Legislative (Board of Selectmen), Municipal Management, Town Clerk, Registrar, Elections, Planning Board, Finance, Treasurer, Tax Collector, Assessment, Code Enforcement, Unallocated Funds, Human Resources, and Technology for the 2014 - 2015 Town Budget.
MOTION: Selectman Shubert moved, seconded by Selectman Hart, to recommend passage of so-called Article 41 at $1,056,639.00. The vote was unanimous in favor, 5-0.
Article 42. To see what sum the Inhabitants of the Town of Mount Desert will vote to raise and appropriate for Department 1330 and 1335 General Assistance and Rural Wastewater Support for the 2014 - 2015 Town Budget.
MOTION: Selectman Dudman moved, seconded by Selectman Macauley, to recommend passage of so-called Article 42 at $181,200.00. The vote was unanimous in favor, 5-0.
Article 43. To see what sum the Inhabitants of the Town of Mount Desert will vote to raise and appropriate for Department 14401 and 14408 Public Safety - Police Department and Communications (Dispatch) for the 2014 - 2015 Town Budget.
MOTION: Selectman Macauley moved, seconded by Selectman Hart, to recommend passage of so-called Article 43 at $986,480.00. The vote was unanimous in favor, 5-0.
Article 44. To see what sum the Inhabitants of the Town of Mount Desert will vote to raise and appropriate for Department 14403, 14404, and 14409 Public Safety - Fire Department, Hydrants, and Emergency Management for the 2014 - 2015 Town Budget.
MOTION: Selectman Macauley moved, seconded by Selectman Dudman, to recommend passage of so-called Article 44 at $671,861.00. The vote was unanimous in favor, 5-0.
Article 45. To see what sum the Inhabitants of the Town of Mount Desert will vote to raise and appropriate for Department 15501, 15515, 15520, and 15525 Public Works - Roads, Waste Management, Buildings & Grounds, and Parks & Cemeteries for the 2014 - 2015 Town Budget.
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to recommend passage of so-called Article 45 at $2,375,233.00. The vote was unanimous in favor, 5-0.
Article 46. To see what sum the Inhabitants of the Town of Mount Desert will vote to raise and appropriate for Department 15505 and 15506 Sewer Capital and Sewers (Wastewater Treatment) for the 2014 - 2015 Town Budget.
MOTION: Selectman Macauley moved, seconded by Selectman Hart, to recommend passage of so-called Article 46 at $897,635.00. The vote was unanimous in favor, 5-0.
Article 47. To see what sum the Inhabitants of the Town of Mount Desert will vote to raise and appropriate for Department 1660 Recreation (Utilities & Maintenance) for the 2014 - 2015 Town Budget.
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to recommend passage of so-called Article 47 at $7,500.00. The vote was in favor, 4-0-1 with Selectman Hart abstaining.
Article 48. To see what sum the Inhabitants of the Town of Mount Desert will vote to raise and appropriate for Department 1770 Economic/Community Development for the 2014 – 2015 Town Budget.
MOTION: Selectman Macauley moved, seconded by Selectman Shubert, to recommend passage of so-called Article 48 at $65,000.00. The vote was unanimous in favor, 5-0.
Article 49. To see what sum the Inhabitants of the Town of Mount Desert will vote to raise and appropriate for Department 1880 Debt for the 2014 – 2015 Town Budget.
MOTION: Selectman Shubert moved, seconded by Selectman Hart, to recommend passage of so-called Article 49 at $1,389,037.00. The vote was unanimous in favor, 5-0.
Article 50. To see what sum the Inhabitants of the Town of Mount Desert will vote to raise and appropriate for Department 1885 Libraries, Village Improvement Societies, Recreation, and Public/Social Service Agencies for the 2014 - 2015 Town Budget.
MOTION: Selectman Shubert moved, seconded by Selectman Hart, to recommend passage of so-called Article 50 at $246,029.00. The vote was in favor, 4-0-1 with Selectman Hart abstaining.
Article 51. To see if the Inhabitants of the Town of Mount Desert will vote to increase the property tax levy limit by $317,482.00.
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to recommend passage of so-called Article 39. The vote was unanimous in favor, 5-0.
IX. New Business, continued
B. Street Sweeping for Cranberry Isles
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to approve Cranberry Isles hiring the Town of Mount Desert’s Public Works to sweep 4.2 + miles of roads on Great Cranberry and Islesford for an amount not to exceed $3,500. The vote was in favor, 5-0.
C. Winter Spring Inc dba Colonel’s Restaurant Liquor License Renewal Application
MOTION: Selectman Macauley moved, seconded by Selectman Dudman, to approve the Winter Spring Inc dba Colonel’s Restaurant Liquor License Renewal Application. The vote was unanimous in favor, 5-0.
E. Such other business as may be legally conducted
None presented.
X. Treasurer’s Warrants
A. Approve & Sign Treasurer’s Warrant AP1454 in the amount of $887,072.93
B. Approve Signed Treasurer’s Payroll, State Fees, & PR Benefit Warrants PR1440, PR1441, AP1453, AP1452 in the amount of $38421.01, $37831.04, $2043.50, $69047.65 respectively
C. Acknowledge Treasurer’s School Board AP/Payroll Warrant(s) 9 and 19 in the amount of $42539.20 and $64829.96 respectively.
MOTION: Selectman Macauley moved, seconded by Selectman Shubert, to approve and acknowledge Treasurer’s Warrants A – C totaling $1,141,785.29. The vote was unanimous in favor, 5-0.
XI. Adjournment
MOTION: At 7:46 p.m., Selectman Macauley moved, seconded by Selectman Dudman, to adjourn the meeting. The vote was unanimous in favor, 5-0.
Respectfully submitted,
John B. Macauley
Secretary
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