Town of Mount Desert
Board of Selectmen
Meeting Minutes
February 23, 2015
A meeting of the Board of Selectmen was held this date in the Meeting Room, Town Hall, Northeast Harbor, Maine.
Those present included: Chairman John Macauley; Selectmen Martha Dudman, Matt Hart, Dennis Shubert, and Tom Richardson; staff members Town Manager Durlin Lunt, Treasurer Kathi Mahar, and Town Clerk/Recording Secretary Joelle Nolan; and members of the public.
I. Call to order at 4:00 p.m.
Chairman Macauley called the meeting to order at 4:01 p.m.
MOTION: Selectman Hart moved, seconded by Selectman Richardson, to take out of order Agenda items III. New Business A and B.
III. New Business
A. Shellfish Conservation Ordinance Proposed Changes
Victor Doyle, Chairman of the Shellfish Conservation Committee was present and gave a brief overview of the proposed changes. Hard shell clams resource is growing and the Committee would like to include the species for harvesting. Department of Marine Resources has asked for documentation that it’s viable, and Mr. Doyle is in the process of providing this. The other changes are clarifying the wording for licenses that have become “available” due to the purchaser no longer having a use for it; and license seniority for commercial license holders. If a licensee no longer qualifies for the license, the license shall not be re-issued during the current year; and once a commercial license is purchased, as long as the licensee continues to purchase each year, he holds seniority of
the license and does not have to participate in the lottery process.
Board agreed to move the requests to the draft warrant.
B. Mount Desert Elementary School Proposed Budget
Principal Scott McFarland presented a very informative power point highlighting enrollment increase and a contingency in case there is a need to hire an extra teacher. The budget increase is 5.43%, which is about in the middle historically. Ninety-six percent of the increase is cost of “people” (salaries, benefits, insurance, etc.). Although the state subsidy is unknown at this time, he is estimating $140,000.
He stated the rationale for a full-time guidance position is that the cost of full-time versus part-time private is a break even. He also explained rationale for other position changes, some to full-time.
Co-curricular is flat. If we need to cut: to get to a 4.99% increase, cut $16,000, or a 3.99% increase, then cut $52,000. So where do cuts come from - generally “people” and reserves. Many safeguards are built in, such as the additional teacher contingency. Selectmen Richardson reiterated his stand on reserves, which is the future taxation on people who may never get to use what they are being taxed on. He suggested borrowing is cheap for municipalities.
It was noted that teachers pay 15% of their health insurance.
Selectman Dudman would like to see the budget brought down; she doesn’t agree with the $36,000 teacher contingency. Principal McFarland said he will look at that and capital outlay.
II. Old Business
A. LUZO Proposed Changes
Noel Musson, Planner Consultant, was present and reviewed the list of proposed changes of so called articles A – H.
A. This Article amends Table 3.4 of the Land Use Ordinance to help make it more clear which uses are allowed without a permit, which uses need a CEO permit, which uses need Conditional Use Approval, and which uses are not allowed.
B. This Article amends Section 4 of the Land Use Zoning Ordinance to (1) allow structures located outside the shoreland zone to be expanded without having to meet standards intended for shoreland zoning; and (2) incorporate new rules issued by the Maine Department of Environmental Protection regarding expansions of non-conforming structures in the shoreland zone.
C. This article amends the Land Use Zoning Ordinance to eliminate road frontage requirements and to reduce the width of the right of way needed for driveways.
D. This Article amends the LUZO to allow domesticated chickens in the Village Commercial Districts. They are currently not allowed in this district. The article also contains proposed Performance standards.
E. This Article amends the definition of Residential Dwelling One-Family so that multiple kitchens can be allowed in a single structure.
F. This Article amends Section 4 of the Land Use Zoning Ordinance to allow a longer period of time for non-conforming uses outside the shoreland zone to be discontinued before losing the ability to resume that activity.
G. This Article amends definition of Shoreland Zone so that the State Mandated Standards for shoreland zoning apply to areas within 250 for the waterline.
H. This Article amends the Land Use Zoning Ordinance to allow accessory dwelling units as an exception. There will be an alternative choice at the Public Hearing on Wednesday.
The LUZO Advisory Group will probably pull Article “J” storm water draining/pumped into public roads; it needs more work than they have time for. And the Rural Wastewater Program change removing the necessity of the Town’s LPI inspecting septic tanks is still being worked on.
B. Mobile Vendors Proposed within new Sale of Food and Merchandise Ordinance
Mr. Musson said there is a proposed LUZO change to allow mobile food vending in the Shoreland Commercial District along with the rewritten “Sale of Food and Merchandise Ordinance” to include mobile vending units.
Selectman Richardson suggested limiting mobile food vendors to the Northeast Harbor Marina for the first year because there is so much to be determined prior to issuing a license. He feels it was brought forth for “here”; the marina is where the discussion centered. Selectman Dudman asserted the economic development needs to be town wide; we need to include other villages without including too many restrictions in the beginning. Selectman Hart said the chance of having an abundance of people applying is minimal; we’ll know soon enough how it will work. Selectman Richardson contended dealing with the logistics of how this will work might be easier if the area is limited. Mr. Musson said logistically the ordinance is broad and liberal; he doesn’t see difficulty to get
to the next step.
III. New Business, continued
C. Such Other Business as may be Legally Conducted
None presented.
IV. Adjournment
MOTION: At 5:45 p.m., Selectman Shubert moved, seconded by Selectman Richardson, to adjourn the meeting. The vote was in favor, 4-0.
Respectfully submitted,
Matthew J. Hart,
Secretary
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