Town of Mount Desert
Board of Selectmen
Meeting Minutes
April 7, 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, 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 6:05 p.m. Selectman Macauley moved, seconded by Selectman Dudman, 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 unanimous in favor, 5-0.
MOTION: At 6:08 p.m. Selectman Shubert moved, seconded by Selectman Dudman, to close the Executive Session. The vote was unanimous in favor, 5-0.
MOTION: Selectman Dudman moved, seconded by Selectman Macauley, to sign the Administrative Consent Agreement, as presented, between Jack Katz and the Town of Mount Desert regarding property located at Tax Map 005 Lot 014-002. The vote was unanimous in favor, 5-0.
MOTION: Selectman Shubert moved, seconded by Selectman Hart, to take out of order agenda item IX. New Business A. Presentation and Review of the FY 2012-2013 Audit. The vote was unanimous in favor, 5-0.
IX. New Business
- Presentation and Review of the FY2012-2013 Audit
Mr. James Wadman referred to his hand-out that reviewed the report by page number. He introduced Kelley Bowden who has worked with the Town’s audits for fifteen years. Mr. Wadman did a thorough review of the audit and noted that the Independent Auditor’s Communication of Significant Deficiencies and Material Weaknesses is down to a single item (financial statements). He complimented Treasurer Mahar and the process to ready the material for the audit. Selectman Shubert wondered if we need an outside faction look at internal control. Mr. Wadman thought not; they look but don’t express an opinion. Selectman Shubert asked for a general statement on reserves. Mr. Wadman said he would need to study reserves in detail to comment. Ms. Bowden noted
they are comparable to other towns our size. Treasurer Mahar asked for a strategy to get rid of the material weakness. Mr. Wadman thought continuing with the minimal number of adjustments, knowing where we are financially, and providing the Board on a monthly basis with financials would alleviate the “weakness”. Board thanked Mr. Wadman, Ms. Bowden and Treasurer Mahar.
MOTION: Selectman Macauley moved, seconded by Selectman Hart, to take VIII. Old Business A. out of order. The vote was unanimous s in favor, 5-0.
VIII. Old Business
A. Wayfinding Signs Phase 2
Sam Coplon, Chairman of the Traffic Committee, was present and explained the status of the design. This phase is more about connecting areas through signage. Pedestrian signs and the Northeast Harbor Marina area the focus. The plan is to have signs in place by this summer. Signage for the Harbormaster and Yachtsmen buildings are not included; the Marine Management Committee is still reviewing. Selectman Shubert noted the new signs change the character of Town, even though he is in agreement. Town Manager Lunt agreed they are different, and might be controversial; however, it is important for the Board to buy into them. Selectman Hart suggested the signs are for visitors not us.
MOTION: Selectman Dudman moved, seconded by Selectman Shubert, to approve the Wayfinding Signs Phase 2 design package as presented. The vote was unanimous in favor, 5-0.
III. Public Hearing(s)
A. Dawnland LLC dba Jordan Pond House New Liquor License Application
At 7:15 p.m., Chairman Richardson opened the Public Hearing on Dawnland LLC dba Jordan Pond House New Liquor License Application and asked for public comment. Hearing none, he closed the Public Hearing at 7:16 p.m.
IV. Minutes
A. Approval of minutes from March 17, 2014 meeting.
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to approve the minutes from March 17, 2014 meeting as presented. The vote was unanimous in favor, 5-0.
B. Approval of minutes from March 24, 2014 meeting.
MOTION: Selectman Macauley moved, seconded by Selectman Shubert, to approve the minutes from March 24, 2014 meeting as presented. The vote was unanimous in favor, 5-0.
V. Appointments/Recognitions/Resignations
A. Appoint Bi-Annual Election Clerks
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to appoint the Bi-Annual Election Clerks from the list presented by the Town Clerk. The vote was unanimous in favor, 5-0.
B. Accept Resignation of Edith Dunham from the Zoning Board of Appeals
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to accept the resignation of Edith Dunham with regret and appreciation from the Zoning Board of Appeals effective immediately. 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: Marinas, Fire
B. Southwest Harbor Public Library Invitation to “Building an Age-Friendly Community” Program
MOTION: Selectman Dudman moved, seconded by Selectman Macauley, to accept the Consent Agenda as presented. The vote was unanimous in favor, 5-0.
VII. Selectmen’s Reports
None presented.
VIII. Old Business, continued
B. Quarrying License Application Fee
Code Enforcement Officer Keene was present and referred to her memo dated March 27, 2014. She said there are many details involved with a Quarrying License Application and the potential for the need of professional opinion, at a cost to the Town, is great. She is anxious to have a fee set because there is a strong probability of an application being presented soon. Selectman Shubert noted State fees are much higher; and he believes we are underpriced. Public Works Director Smith disagreed with putting the cost of professionals (such as hydrologist) on the applicant. Further discussion included the suggestion of looking at what other towns do.
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to establish a Quarrying License Application fee of $1500.
DISCUSSION: Selectman Shubert still thinks $1500 is low. Chairman Richardson doesn’t understand how we are coming up with the fee: what are we having to do and what our cost to deal with an application is. CEO Keene explained there is a thorough review of the application against the Ordinance, the cost of notification, Planning Board review, and potential attorney review (although at a separate cost). Chairman Richardson would like to hear from the Planning Board what its need is, and what is involved. He would like a more definitive answer as to what will it cost the town to review an application. He is uncomfortable picking an arbitrary number. Public Works Director Smith offered to work with the CEO and review the process with a hydrologist for
peer review cost. Selectman Dudman suggested it is time to look at all fees and do across the board realistic changes, rather than piece by piece, to avoid targeting one area.
VOTE: The vote failed 1 – 4, with Chairman Richardson and Selectmen Dudman, Hart, and Macauley voting against.
Chairman Richardson asked CEO Keene to work with Public Works Director Smith and come back with actual costs for the Town to process an application.
MOTION: Selectman Macauley moved, seconded by Selectman Dudman, to table this item to a future meeting. The vote was unanimous, 5-0.
C. Conditional Use Approval Application Fee
Board directed CEO Keene to include in the above research.
MOTION: Selectman Macauley moved, seconded by Selectman Hart, to table this item to a future meeting. The vote was unanimous in favor, 5-0.
D. Signing of 2014-2015 Warrant
MOTION: Selectman Macauley moved, seconded by Selectman Hart, to sign the Warrant for the May 5 & 6, 2014 Annual Town Meeting. The vote was unanimous in favor, 5-0.
IX. New Business, continued
B. Dawnland LLC dba Jordan Pond House New Liquor License Application
MOTION: Selectman Macauley moved, seconded by Selectman Hart, to approve the Dawnland LLC dba Jordan Pond House new Liquor License Application. The vote was unanimous in favor, 5-0.
C. Stanley Enterprises Inc dba Abels’ Lobster Pound Liquor License Application Renewal
MOTION: Selectman Macauley moved, seconded by Selectman Shubert, to approve the Stanley Enterprises Inc dba Abels’ Lobster Pound Liquor License Application renewal. The vote was unanimous in favor, 5-0.
D. Journeys End Inc dba The Docksider Liquor License Application Renewal
MOTION: Selectman Macauley moved, seconded by Selectman Hart, to approve the Journeys End Inc dba The Docksider Liquor License Application renewal. The vote was unanimous in favor, 5-0.
E. The Neighborhood House Village Green Special Event Application May 26, 2014
MOTION: Selectman Dudman moved, seconded by Selectman Hart, to approve The Neighborhood House Village Green Special Event application for May 26, 2014. The vote was unanimous in favor, 5-0.
F. Sewer Connection Waiver Request for 6 McKenzies Hill Rd, Seal Harbor
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to approve the request for a waiver for an independent connection to the Town sewer to allow a piggyback on an existing sewer line located on the property at 6 McKenzies Hill Rd, Seal Harbor. The vote was unanimous in favor, 5-0.
G. Public Works Director Request to Solicit Truck Bids
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to authorize the Public Works Director to solicit competitive bids for the purchase of a new pickup truck for the Highway Division of the Public Works Department. The vote was unanimous in favor, 5-0.
H. Marine Management Committee Recommendations for Commercial Dock Fees
MOTION: Selectman Dudman moved, seconded by Selectman Shubert, to approve the Commercial Dock fees as recommended by the Marine Management Committee as follows: increase the per passenger fee from $0.22 to $0.25 for the 2014 season, and increase the Commercial Dock Operator fee from $500 to $600 for the 2015 season. The vote was unanimous in favor, 5-0.
The Board requested that the Harbormaster ask the Marine Management Committee to research the fee structure and come to the Board with information on how they are determining fees.
I. Authorization for Fund Withdrawal from otter Creek Fire Pond Account
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to authorize the release of $1,150.00 from Otter Creek Fire Pond Account #4040300-24474 for the purpose of payment to Hedefine Engineering & Design, Inc. for Project Engineer work on the Otter Creek Fire Pond through March 2014. The vote was unanimous in favor, 5-0.
J. Municipal Officer’s Certifications of Official Text of Proposed Ordinances and Amendments
1. Alewife Ordinance
2. Amendment to the Town of Mount Desert Shellfish Conservation Ordinance
3. Amendment to the Town of Mount Desert Comprehensive Plan
4. Solid Waste Ordinance
5. Amendments to the Town of Mount Desert Land Use Zoning Ordinance
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to approve and sign the Municipal Officer’s Certifications of Official Text of Proposed Ordinances and Amendments as presented. The vote was unanimous in favor, 5-0.
K. Such other business as may be legally conducted
None presented.
X. Treasurer’s Warrants
A. Approve & Sign Treasurer’s Warrant 1458 in the amount of $504,148.83
B. Approve Signed Treasurer’s Payroll, State Fees, & PR Benefit Warrants 1442, 1443, 1444, 1455, 1456, & 1457 in the amount of $42,214.03, $45,032.25, $68,503,96, $5,488.05, $74,045.07, & $6,453.94 respectively
C. Acknowledge Treasurer’s School Board AP/Payroll Warrant(s) 10 & 20 in the amount of $36,983.94 & $136,092.72
MOTION: Selectman Macauley moved, seconded by Selectman Shubert, to approve and acknowledge Treasurer’s Warrants A – C totaling $918,962.79. The vote was unanimous in favor, 5-0.
XI. Adjournment
MOTION: At 7:58 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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