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Selectmen Meeting Minutes - 03/09/15
Town of Mount Desert
Board of Selectmen
Meeting Minutes March 9, 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, Fire Chief Mike Bender, Police Chief Jim Willis, Harbormaster John Lemoine, Public Works Director Tony Smith, and Town Clerk/Recording Secretary Joelle Nolan.


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

II.     Old Business
A.      Draft Warrant for Annual Town Meeting May 4 & 5, 2015, potential for approval of certain Articles
Board started its review of the draft Warrant for Annual Town Meeting May 4 & 5, 2015:
  • To see if non-voters shall be allowed, when recognized, to speak during the 2015 Annual Town Meeting.
MOTION:  Selectman Richardson moved, seconded by Selectman Hart, to recommend passage of so-called Article 3.  The vote was in favor, 4-0.

  • To see if the Inhabitants of the Town of Mount Desert will vote to approve an expenditure of $500 from the Animal Welfare Account to Acadia Veterinary Hospital as a donation for the benefit of the Town of Mount Desert Feral Cat Program.
MOTION:  Selectman Shubert moved, seconded by Selectman Hart, to recommend passage of so-called Article 4.  The vote was in favor, 4-0.

  • Shall an ordinance dated May 5, 2015 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, 2015 through June 30, 2016 there shall be no taking of Alewives and Blue Back Herring in the Town of Mount Desert.”
MOTION:  Selectman Shubert moved, seconded by Selectman Hart, to recommend passage of so-called Article 5.  The vote was in favor, 4-0.

  • Shall an ordinance entitled “May 5, 2015 Amendments to the Shellfish Conservation Ordinance of the Town of Mount Desert” be enacted as set forth below?
4.  DEFINITIONS
C.      Shellfish, Clams and Intertidal Shellfish Resources  When used in the context of this ordinance the words “shellfish”, “clams”, and “intertidal shellfish resources” mean soft shell clams {Mya arenaria}, hard shell clams {mercenaria mercenaria}, razor clams {ensis directus}, and hen clams {spisula solidissima}.
MOTION:  Selectman Shubert moved, seconded by Selectman Hart, to recommend passage of so-called Article 6.  The vote was in favor, 4-0.

  • Shall an ordinance entitled “May 5, 2015 Amendments to the Shellfish Conservation Ordinance of the Town of Mount Desert” be enacted as set forth below?
5.  LICENSING
B.      Application Procedure  Any person may apply to the Town Clerk for the licenses required by this ordinance on forms provided by the municipality.  Notice of available commercial and recreational licenses shall be published in a newspaper with general circulation not less than ten (10) days prior to the period of issuance and shall be posted in the municipal office until the period expires.  Applications for commercial licenses must be received at the Town Office as required by the Allocation Plan.  No Shellfish licenses may be reserved and licenses cannot be transferred.  A license may not be returned to the Town and be re-issued or transferred in the same year it was issued.
C.      License Allocation Procedures
3.      Any license holder convicted of any violation of this ordinance shall forfeit seniority. Those who have held a commercial license uninterrupted from the first year of availability within this Ordinance shall maintain seniority receipt of said license shall maintain seniority.
MOTION:  Selectman Shubert moved, seconded by Selectman Richardson, to recommend passage of so-called Article 7.  The vote was in favor, 4-0.

  • To see if the Inhabitants of the Town of Mount Desert will repeal the ordinance dated May 8, 2012 and entitled “Town of Mount Desert Sale of Food and Merchandise Ordinance” as described and deleted through strikethrough markings in Appendix A and enact the replacement of it with a new ordinance dated May 5, 2015 entitled “Town of Mount Desert Sale of Food and Merchandise Ordinance” as detailed in Appendix B.
Explanatory Note:  The new “Sale of Food and Merchandise Ordinance” among other matters, imposes conditions on operations of mobile food vendors at select public sites and requires a prior license from the Code Enforcement Officer (CEO).
MOTION:  Selectman Shubert moved, seconded by Selectman Hart, to recommend passage of so-called Article 8.  The vote was in favor, 4-0.

  • 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 Shubert moved, seconded by Selectman Hart, to recommend passage of so-called Article 18.  The vote was in favor, 4-0.

  • 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 Shubert moved, seconded by Selectman Hart, to recommend passage of so-called Article 19.  The vote was in favor, 4-0.

  • 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 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 Shubert moved, seconded by Selectman Hart, to recommend passage of so-called Article 20.  The vote was in favor, 4-0.

  • 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 Hart moved, seconded by Selectman Shubert, to recommend passage of so-called Article 21.  The vote was in favor, 4-0.

  • To see if the Inhabitants of the Town of Mount Desert will vote to 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 Hart moved, seconded by Selectman Shubert, to recommend passage of so-called Article 22.  The vote was in favor, 4-0.

  • To see if the Inhabitants of the Town of Mount Desert will vote to authorize the Board of Selectmen to lease the land and building at 26 Dodge Point Road, Tax Map 1 Lot 15, known as the Seal Harbor Bait House, to the Seal Harbor Fisherman’s Association 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 Hart, to recommend passage of so-called Article 23.  The vote was in favor, 4-0.

  • To see if the Inhabitants of the Town of Mount Desert will vote to authorize the Fire Chief, in consultation with the Town Manager and Town Attorney, to enter into arrangements (including, if necessary, contractual agreements) for the purpose of public safety training exercises.
MOTION:  Selectman Shubert moved, seconded by Selectman Hart, to recommend passage of so-called Article 24.  The vote was in favor, 4-0.

  • To see if the Inhabitants of the Town of Mount Desert will vote to authorize the Board of Selectmen, on behalf of the Town and under such terms and conditions as it deems advisable, to enter into a temporary storm water drainage easement agreement under and across the Town’s parking lot located on the Jordan Pond Road in the Village of Seal Harbor, said parking lot being a portion of Town owned property identified on Town Tax Map 31 Lot 2, with the Maine Department of Transportation, for the construction of a temporary underground storm water pretreatment system.  See Appendix C
MOTION:  Selectman Shubert moved, seconded by Selectman Hart, to recommend passage of so-called Article 25.  The vote was in favor, 4-0.

  • To see if the Inhabitants of the Town of Mount Desert will vote to authorize the Board of Selectmen to enter into an easement agreement (and amended easement deed) with Kindle, LLC, under such terms and conditions as the Board of Selectmen, in their sole discretion, deem to be in the best interest of the Town, allowing Kindle, LLC to construct an elevated walkway (with removable section to allow the Town access to the sewer line) crossing over the Town’s sanitary sewer line and easement located on property of Kindle, LLC at Tax Map 26, Lot 32 at 53 Harborside Road, Northeast Harbor.  See Appendix D
MOTION:  Selectman Hart moved, seconded by Selectman Shubert, to recommend passage of so-called Article 26.  The vote was in favor, 4-0.

  • To see if the Inhabitants of the Town of Mount Desert will vote to authorize the Board of Selectmen to enter into a lease/purchase agreement for the lease/purchase of a loader, under such terms and conditions as the Board of Selectmen, in their sole discretion, deem to be in the best interest of the Town.
FINANCIAL STATEMENT - TOWN OF MOUNT DESERT

  • Total Town Indebtedness
  • Bonds outstanding and unpaid:                           $17,388,426
  • Additional obligation if this question is approved:             $       83,675
TOTAL                   $17,472,101
  • Costs
A.      At an estimated interest rate of 3.39%, the estimated cost of this lease/purchase will be:
Five (5) years:
Principal:                                                      $       83,675
Interest:                                                       $         5,691
                                        TOTAL                   $       89,366
3.      Validity
The validity of the lease is not affected by any errors in the above estimates.  If the actual amount of the total debt service for the lease varies from the estimate, the ratification by the voters is nevertheless conclusive and the validity of the lease is not affected by reason of the variance.

Cost of the loader is $83,675 and estimated annual payments would be approximately $17,873.28 for five (5) years to be appropriated $9,000 Account #1050100-55311 and $8,873.28 Public Works Equipment Reserve Account 4050100-24500
MOTION:  Selectman Shubert moved, seconded by Selectman Hart, to recommend passage of so-called Article 27.  The vote was in favor, 4-0.

  • To see if the Inhabitants of the Town of Mount Desert will vote to authorize the Board of Selectmen to apply, on behalf of the Town, and under such terms and conditions as it deems advisable, for state financing assistance under the provisions of the Boating Facility Fund, Title 12 MRSA §1896 and 1899 as administered by the Maine Department of Agriculture, Conservation and Forestry, said assistance being in the form of precast concrete boat launch planks being provided at no cost to the Town by the Maine Department of Agriculture, Conservation and Forestry to be used as part of the Otter Creek Landing Reconstruction Project located off Grover Avenue in the Village of Otter Creek for the reconstruction of the boat ramp; and further authorize the Board of Selectmen to enter into the Boating Facility Fund Project Agreement with the State subsequent to State approval of the project.
MOTION:  Selectman Hart moved, seconded by Selectman Shubert, to recommend passage of so-called Article 28.  The vote was in favor, 4-0.


  • To see if the inhabitants of the Town of Mount Desert will vote to create a new Public Works Department reserve account to be reflected in the Town’s Capital Improvement Plan, said new reserve account to be entitled Buildings & Grounds Reserve Account #4055200-24571 and said account to be considered for funding during each subsequent annual Town Meeting of the Town of Mount Desert.
Explanation:  The initial funding of this reserve account, in the amount of ten thousand dollars ($10,000.00), is reflected in appropriation Article 54.
MOTION:  Selectman Shubert moved, seconded by Selectman Hart, to recommend passage of so-called Article 29.  The vote was in favor, 4-0.

  • To see if the inhabitants of the Town of Mount Desert will vote to create a new Public Works Department reserve account to be reflected in the Town’s Capital Improvement Plan, said new reserve account to be entitled Parks & Cemeteries Reserve Account #4055250-24572 and said account to be considered for funding during each subsequent annual Town Meeting of the Town of Mount Desert.
Explanation:  The initial funding of this reserve account, in the amount of ten thousand dollars ($10,000.00), is reflected in appropriation Article 54.
MOTION:  Selectman Hart moved, seconded by Selectman Richardson, to recommend passage of so-called Article 30.  The vote was in favor, 4-0.

  • 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 2015-2016 for Town purposes, provided that such additional funds do not require expenditure of local funds not previously appropriated.
MOTION:  Selectman Shubert moved, seconded by Selectman Hart, to recommend passage of so-called Article 31.  The vote was in favor, 4-0.

  • 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% (seven percent) per year.  (Tax Club members are exempt within the terms and conditions of the Town’s Tax Club Agreement.)
MOTION:  Selectman Richardson moved, seconded by Selectman Hart, to recommend passage of so-called Article 32.  The vote was in favor, 4-0.

  • 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 the taxpayer thereupon 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 apply annually for participation by the date shown on the application, date and application format to be determined by the Tax Collector.
MOTION:  Selectman Shubert moved, seconded by Selectman Hart, to recommend passage of so-called Article 33.  The vote was in favor, 4-0.

  • 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 Hart moved, seconded by Selectman Richardson, to recommend passage of so-called Article 34.  The vote was in favor, 4-0.

  • 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% (three percent) per year.
MOTION:  Selectman Richardson, moved, seconded by Selectman Hart, to recommend passage of so-called Article 35.  The vote was in favor, 4-0.

  • 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.
It was suggested that the Board of Selectmen needs an amount from the tax collector.

  • To see if the Inhabitants of the Town of Mount Desert will vote to authorize the Board of Selectmen to dispose by public bid of Town-owned property, other than real property, with a value of ten thousand dollars ($10,000.00) or less under such terms and conditions as it deems advisable.MOTION:  Selectman Shubert moved, seconded by Selectman Hart, to recommend passage of so-called Article 37.  The vote was in favor, 4-0.
  • 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 Shubert moved, seconded by Selectman Hart, to recommend passage of so-called Article 38.  The vote was in favor, 4-0.
  • 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 Richardson, moved, seconded by Selectman Hart, to recommend passage of so-called Article 39.  The vote was in favor, 4-0.

  • To see if the Inhabitants of the Town of Mount Desert will vote to transfer xxxxxxxxxxxx dollars ($xxxxxxxxxx) from the Undesignated Fund Balance Account #100-38300 to reduce the 2015-2016 tax commitment.
MOTION:  Selectman Shubert moved, seconded by Selectman Hart, to recommend $300,000 and passage of so-called Article 40.
DISCUSSION:  It was explained this amount is typically dollars that have not been spent for the past year.  Treasurer Mahar said although the audit is not complete, she guestimates there will be about $350,000.  She also said taking any more than $300,000 might put the total below the recommended 10% [for operating].
VOTE:  The vote was in favor, 4-0.

  • To see if the Inhabitants of the Town of Mount Desert will vote to transfer xxxxxx dollars ($xxxxx) from the Capital Gains Reserve Account #400-24202 to reduce the 2015-2016 tax commitment.
Board agreed to come back to this article after further budget discussion.

  • 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 2015-2016 Town Budget.
MOTION:  Selectman Richardson, moved, seconded by Selectman Hart, to recommend passage of so-called Article 42 at $1,619,042.  The vote was in favor, 4-0.

  • 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 2015-2016 Town Budget.
MOTION:  Selectman Shubert moved, seconded by Selectman Richardson, to recommend passage of so-called Article 43 at $1,176,418.
DISCUSSION:  Selectman Shubert questioned the length of time needed to train a new Town Clerk and wondered if it can be restricted to 3 months, thereby reducing the costs associated.  Town Manager Lunt explained there is a great deal of outside training as well as in-house.  He believes the length of time is necessary to ensure a well-trained clerk.  Selectmen Richardson stated what the Town Clerk does is extremely important and he agrees with what has been presented.
[4:36 p.m. Selectman Dudman arrived]
Chairman Macauley said the money won’t be spent unless necessary and he would rather not have to try to find money later.  Selectman Hart said he prefers to err on side of caution.  Selectman Shubert also questioned the amount budgeted for a finance clerk.  He sees the position comparable to a bookkeeper and this is $10,000 more than equated to other towns.  Town Manager Lunt explained the master plan; and Treasurer Mahar stated this is not new money, it was moved from admin.
VOTE:  The vote was in favor, 5-0.


  • 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 2015-2016Town Budget.
General Assistance $5,000       Rural Wastewater Support $178,120

MOTION:  Selectman Shubert moved, seconded by Selectman Hart, to recommend passage of so-called Article 44 at $183,120.  The vote was in favor, 5-0.


  • 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 and Communications (Dispatch) for the 2015-2016 Town Budget.
Police: $724,272     Dispatch: $308,328

MOTION:  Selectman Richardson, moved, seconded by Selectman Shubert, to recommend passage of so-called Article 45 at $1,032,600.
DISCUSSION:  Selectman Shubert asked for an explanation of the amount of overtime budgeted for police and dispatch.  Chief Willis agreed it could be misleading because of the way the pay accounts are structured.  He uses the OT account to pay part-time officers who fill shifts for full-time officers; it also covers comp time earned, which is substantial, court time, and sick time.  Traditional overtime is a small amount.  Although there is a floater (Lt. Edgecomb), someone not assigned a shift that would normally cover much of this “overtime”, his time is currently spent doing much of the Chief’s job.  He noted Police Officers are also cross-trained as dispatchers.  He went on to explain that the current payroll software has the capability of delineating pay codes and he plans to separate overtime, along with many other pay codes.  Referring to the budget lines for radios and cell phones, Selectman Shubert asked if we have duplicate systems.  Chief Willis explained the continued efforts and stumbling blocks for better radio service, which continues to be weak in some areas, and non-existent in others.  Public Works’ frequency is the weakest.  Public Works Director Smith said the duplicates (radios/cell phones) are for safety reasons; cell phone use is restricted and monitored.  Chairman Macauley suggested we don’t know what coverage will be and until we know, we need redundancy.  Selectman Shubert asked if we negotiate as a town for cell service and it was noted there is a municipal rate that is more competitive.  Chief Willis explained he is unavailable for the Board’s meeting next week.  Board asked that Lt. Edgecomb be available.
VOTE:  The vote was in favor, 5-0.

  • To see what sum the Inhabitants of the Town of Mount Desert will vote to raise and appropriate for Department 14406 Street Lights for the 2015-2016 Town Budget.
MOTION:  Selectman Shubert, moved, seconded by Selectman Hart, to recommend passage of so-called Article 46 at $41,980.  The vote was in favor, 5-0.

  • 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 2015-2016Town Budget.
Fire: $407,827   Hydrants: $273,500   Emergency Management: $1,000

MOTION:  Selectman Richardson, moved, seconded by Selectman Hart, to recommend passage of so-called Article 47 at $682,327.
DISCUSSION:  Selectman Shubert asked, regarding the Lieutenant position, what are the supervisory aspects.  Fire Chief Bender replied responsibilities include taking care of the Somesville Fire Station and all Firefighters assigned to that station; and the Lt. also is the Training Officer.  Chief Bender said the budget printed for the Board has some items missing, such as last year’s Firefighter pay, which greatly affects his bottom-line; this year’s increase is only 2.6%.  A discussion of the budget format concluded that some historical data is not showing (due to Board’s request that “zero dollar lines be removed); the issue is part of the change to Munis software.  Chairman Richardson asserted he needs to be able to compare totals year to year.
VOTE:  The vote was in favor, 5-0.

  • 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 2015-2016 Town Budget.
Roads: $1,582,695               Buildings/Grounds: $236,874
Parks/Cemeteries: $35,375               Waste Management: $574,374


MOTION:  Selectman Shubert, moved, seconded by Selectman Hart, to recommend passage of so-called Article 48 at $$2,429,318.
DISCUSSION:  Selectman Shubert asked for a discussion regarding the proposal to use money from capital reserves and the regular budget for leased equipment.  He suggested the entire amount should come from reserves, rather than increasing the tax commitment.  Drawing a contrast between road reserves and equipment reserves, he said the road money is for surprises, whereas the equipment money is for specifie equipment.  Public Works Director Smith disagreed, citing instances when road reserve money was used to participate in DOT rehab sessions.  He then explained his reasoning to use reserve money to offset the costs of leased equipment to reduce the tax commitment.  Selectman Shubert agreed.
VOTE:  The vote was in favor, 5-0.

  • 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 2015-2016 Town Budget.
Sewer Capital: $-0-     Sewer Treatment: $914,085

MOTION:  Selectman Hart moved, seconded by Selectman Dudman, to recommend so-called Article 49 at $914,085.  The vote was in favor, 5-0.


  • 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 2015-2016 Town Budget.
MOTION:  Selectman Shubert moved, seconded by Selectman Dudman, to recommend so-called Article 50 at $7,700.  The vote was in favor, 5-0.


  • 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 2015-2016 Town Budget.
MOTION:  Selectman Dudman moved, seconded by Selectman Hart, to recommend so-called Article 51 at $118,600.  The vote was in favor, 4-1, with Selectman Richardson voting against.


  • To see what sum the Inhabitants of the Town of Mount Desert will vote to raise and appropriate for Department 1880 Debt for the 2015-2016 Town Budget.
MOTION:  Selectman Shubert moved, seconded by Selectman Dudman, to recommend so-called Article 52 at $1,303,138.  The vote was in favor, 5-0.


  • 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 2015-2016 Town Budget.
MOTION:  Selectman Dudman moved, seconded by Selectman Shubert, to recommend so-called Article 53 at $244,964.
DISCUSSION:  Selectman Dudman clarified that the two organizations that did not submit questionnaires, Yesterdays Children and WIC, were not in the budget.  Selectman Shubert questioned the amounts for the Acadia Little League and Mount Desert Nursing Association.  He suggested that MDNA is not financially sound partly because services are provided without insurance accepted.  Selectman Dudman championed the association and explained the need due to our many elderly and homebound citizens.  Selectman Richardson asked why they do not accept insurance, and the reply was it is too expensive to administer, both with money and time, although they are currently looking into it.  Selectman Hart assured the Board that the Little League money is well spent; there are several children, island wide, playing
VOTE:  The vote was in favor, 4-0-1, with Selectman Hart abstaining due to his employment by the Neighborhood House.

  • To see what sum the Inhabitants of the Town of Mount Desert will vote to raise and appropriate for Department 1999 Capital Improvement Plan transfers for the 2015-2016 Town Budget.  Reflects $20,000 from Articles 29 & 30
MOTION:  Selectman Shubert moved, seconded by Selectman Hart, to recommend so-called Article 54 at $504,552.  The vote was in favor, 5-0.

  • To see what sum the Inhabitants of the Town of Mount Desert will vote to raise and appropriate for the funding of the Otter Creek Fire Pond Project in order to increase water storage capacity for fire protection; said project to include the dredging of muck from the bottom of existing pond, replacing the current dry hydrant structure with a new dry hydrant assembly, and replacing 185 feet of existing sidewalk and curbing with new sidewalk and curbing.
MOTION:  Selectman Dudman moved, seconded by Chairman Macauley to recommend so-called Article 55 at $155,000.  Motion failed due to lack of a vote.
DISCUSSION:  Board agreed the better decision is to bond so-called articles 55, 56, 57, 58, 59, and 60 for a total of $715,050 and asked Town Manager Lunt and Treasurer Mahar to come back with bonding costs for 10 and 15 years.

  • To see what sum the Inhabitants of the Town of Mount Desert will vote to raise and appropriate for construction and technical services related to the Otter Creek Landing Reconstruction Project located off Grover Avenue in the Village of Otter Creek; said project to include replacing the ledge pieces presently serving as the boat ramp with new precast concrete planks and, the construction of a new bulkhead made of stacked blocks of stone, gravel and associated materials and appurtenances.
Board of Selectmen recommends   $45,000

  • To see what sum the Inhabitants of the Town of Mount Desert will vote to raise and appropriate to supplement the $105,000 previously raised at the May 2014 Town meeting for construction and technical services related to the renovation of the Seal Harbor Beach Comfort Station located off State Route 3 in the Village of Seal Harbor, said renovations including, but not being limited to, new plumbing, providing electricity to the building and bringing the building into compliance with the Americans with Disabilities Act.
Board of Selectmen recommends   $56,000

  • To see what sum the Inhabitants of the Town of Mount Desert will vote to raise and appropriate for construction and technical services related to 1) structural improvements to the Steamboat Wharf Road boardwalk located in Seal Harbor, 2) reconstruction of a portion of the granite wall which supports the boardwalk and 3) construction of drainage improvements adjacent to the boardwalk.
Board of Selectmen recommends   $202,000

  • To see what sum the Inhabitants of the Town of Mount Desert will vote to raise and appropriate for construction and technical services related to improvements to the bridge located in Brookside Road located off Route 102 in the Village of Somesville, said Brookside Road being a public way that serves at least two residences and the cemetery located behind the former A.V. Higgins store; said improvements including, but not being limited to, resetting existing granite block supports, retrofitting existing structural support members, and constructing new decking and guardrails.
Board of Selectmen recommends   $122,050

  • To see what sum the Inhabitants of the Town of Mount Desert will vote to raise and appropriate to supplement the $320,000 amount included in the Highways, Bridges and Roads section of the FY-16 appropriations budget of this warrant for the following work located in the Village of Northeast Harbor, said work to include construction of a pavement shim and overlay of Sinclair Road and to reclaim (grind, grade and compact) and pave the base pavement layer in Manchester Road, South Shore Road and the north-south section of Huntington Road.
Board of Selectmen recommends   $135,000

  • To see if the Inhabitants of the Town of Mount Desert will vote to increase the property tax levy limit by $XXXXXXXXX
Explanation: The State Legislature passed a “tax reform” law known as LD#1. This bill created a maximum municipal tax levy based upon this year’s tax, plus an allowance for inflation and the Town’s tax base growth due to new construction.  However, LD#1 allows Mount Desert voters to increase that tax cap with the approval of a simple majority of the voters at Town Meeting.  The only requirement is that a secret vote must be taken by written ballot.

Board will address at a future date.

  • To see if the Inhabitants of the Town of Mount Desert will vote to ratify the Board of Selectmen’s approval of the Marina Proprietary Fund budget.
Revenue: $745,183               Expense: $745,183

MOTION:  Selectman Shubert moved, seconded by Selectman Dudman, to recommend ratification of the Marina Proprietary Fund budget as presented.  The vote was in favor, 5-0.


  • To see if the Inhabitants of the Town of Mount Desert will vote to authorize the use of a not-to-exceed amount of $260,000  from the Marina Proprietary Fund’s Undesignated Fund Balance Account #600-38300, with an estimated balance at June 30, 2015 of $525,000, for technical and construction services related to an expansion of the Northeast Harbor Marina North Dock located in the Village of Northeast Harbor, said expansion to include three new floats, ten new pilings, three new utility pedestals and an underwater extension of all utilities including electricity, potable water and Wi-Fi; and further, to authorize the Board of Selectmen to enter into agreements for said technical and construction services under such terms and conditions, in its sole discretion, it 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 63.
DISCUSSION:  Selectman Shubert asked if this cash management is separate from the Town and Treasurer Mahar replied it all comes out of the general fund, but at the end of the year the marina has to have lived within the budget.  As long as there is a positive balance, the fund balance increases.  Harbormaster Lemoine said this proposed dock addition should generate twenty to thirty thousand dollars.  The work will take place after the “season”, in the fall.
VOTE:  The vote was in favor, 5-0.


Appendices
An underline indicates an addition and a strikethrough indicates a deletion.

Appendix A (Article 8)

Repealed
Sale of Food and Merchandise Ordinance
Enacted May 8, 2012

Article I - Purpose

Sec. 1.  The purpose of this Ordinance is to regulate business in Mount Desert which offer food and/or merchandise for sale to persons using public property, public streets, sidewalks and other public ways within Mount Desert, so as to prevent, to the extent possible, the congestion of pedestrian and/or vehicular traffic on said ways; and so as to keep said ways as clean as possible and free of discarded food, merchandise, wrappings, bags, packages and other items of litter.

Article II - Definitions
Sec. 2. Person. As used in this ordinance, the word ‘person’ includes corporate as well as natural.

Sec. 3.         Business. ‘Business’ includes any activity engaged in or caused to be engaged in by any     person with the object and purpose of economic gain, benefit or advantage, either direct or     indirect.

Sec. 4. Merchandise. ‘Merchandise’ includes the wares, goods, and/or commodities customarily        bought and sold, either at retail or wholesale, by merchants in the exercise of trade or        business.

Sec. 5. Structure. ‘Structure’ means anything constructed or erected, the use of which requires location on the ground or attached to something having a location on the ground. Structures         which are of a movable or portable by nature shall mean structures which are designed to be or are equipped with wheels so as to be readily movable from one location to another or     structures which are constructed in any other manner as to be readily movable from one location to another.

Sec. 6. Bakery. ‘Bakery’ means a business in which bread, biscuits, pretzels, crackers, buns, rolls, macaroni, cakes, pies or any food products of which flour or meal is a principal ingredient    are prepared on the premises where sold.

Article III - Prohibitions
Sec. 7.  It shall be unlawful for any persons or persons, conducting or causing to be conducted, any business within the Town of Mount Desert, to offer or cause to be offered, for sale either at retail or wholesale, items of food to persons without providing the following facilities with respect to the sale of said food:

  • an area and/or means of consuming said food on the premises where sold;
  • the structure in or from which said items of food are sold, shall be so constructed as to be permanently attached to the land on which it is located and not of a movable or portable nature.
Sec 8.          It shall be unlawful for any person or persons, conducting or causing to be conducted, any business within the Town of Mount Desert, to offer for sale, either at retail or wholesale, any merchandise in such manner as to require or permit said sales to be made to persons who are using public property, public streets, sidewalks or other public ways while the act of purchasing said merchandise unless said person or persons have first obtained a lease or permit for the operation of said business from the Mount Desert Town Meeting.

Article IV – Exceptions to Prohibitions

Sec. 9. The provisions of this Ordinance shall not be constructed so as to apply to business which are in the nature of grocery stores, markets or bakeries.

Sec. 10.         The provision of this Ordinance shall not apply to sales conducted by eleemosynary, educational and philanthropic organizations with the written permission of the Board of Selectmen of Mount Desert, which permission shall be given by said Board upon finding that:

  • the organization conducting the sales is in fact eleemosynary, educational or philanthropic;
  • the sale will be of a temporary nature lasting not more than two (2) days;
  • the sale will not be conducted in such a manner and/or place as to create congestion of the public streets, sidewalks or other public ways;
  • said sale would not be in violation of any State statute, or other local ordinance, rule-or regulation.
Sec. 11.         The provisions of this Ordinance shall not apply to businesses which were in operation on or before March 3, 1986 and which were conducted from a structure or structures which were and are permanently attached to the land on which they were and are located and not of a movable or portable nature. Further, this exception shall not apply to said businesses if at any time they cease to be in operation for a period of thirty (30) continuous days in any two (2) year period; and with respect to businesses which are operated on a seasonal basis, this exception shall not apply if at any time said businesses cease to be in operation for a period of thirty (30) continuous days in any one season.

Sec. 12.        The provisions of this Ordinance shall not apply to wholesale businesses in which the sale of food items is confined solely to items of food that are prepackaged and not produced on the premises but are purchased from other sources and sold by said businesses.

Article V – Penalty – and Enforcement
Sec. 13.        Any person or corporation who violates, disobeys, refuses to comply with, or resists the enforcement of any provision of this ordinance shall upon conviction, be fined not less than One Hundred Dollars ($100), nor more than Two Thousand Five Hundred Dollars ($2,500) for each offense. Each violation shall be deemed a separate offense.

In addition, pursuant to the Maine Revised Statutes, Title 30-A, Part 2 Subpart 6-A, Chapter 187, Subchapter 5 (30-A M.R.S.A. § 4452), The Town may recover all costs of enforcement of this ordinance, including reasonable attorney fees.

This ordinance shall be enforced by the Code Enforcement Officer of the Town of Mount Desert.

Sec. 14 . In addition to any other penalty provided by the law, the commission of acts prohibited by this Ordinance shall constitute a nuisance and may be abated by the Town seeking an injunction to prohibit further and continued violation thereof.

Article VI - Separability
Sec. 15.         If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.

Article VII – Miscellaneous Provisions


Sec. 16 This ordinance, is adopted pursuant to the Maine Revised Statutes, Title 30-A, Part 2 subpart 4, Chapter 141 (30-A.M.R.S.A. § 3001, et seq.).

Sec. 17 The effective date of this Ordinance is May 8, 2012.

Sec. 18 This Ordinance shall expire and be of no force or effect on May 4, 2024.


Appendix B (Article 8)

New Ordinance

Town of Mount Desert
Sale of Food and Merchandise Ordinance
Enacted xxxxxx

Article I – Purpose

Sec.  1.  The purpose of this Ordinance is to regulate businesses in Mount Desert which offer food and/or merchandise for sale to persons using public property, public streets, sidewalks and other public ways within Mount Desert, so as to prevent, to the extent possible, the congestion of pedestrian and/or vehicular traffic on said ways; and so as to keep said ways as clean as possible and free of discarded food, merchandise, wrappings, bags, packages and other items of litter.
 
Article II – Definitions

Sec. 2.  Bakery.   ‘Bakery’ means a business in which bread, biscuits, pretzels, crackers, buns, rolls, macaroni, cakes, pies or any food products,  of which flour or meal is a principal ingredient, which  are prepared on the premises where sold.
 
Sec.  3.  Business.   ‘Business’ includes any activity engaged in or caused to be engaged in by any person with the object and purpose of economic gain, benefit or advantage, either direct or indirect.
 
Sec. 4.  Merchandise.   ‘Merchandise’ includes the wares, goods, and/or commodities customarily bought and sold, either at retail or wholesale, by merchants in the exercise of trade or business.

Sec.  5.  Mobile Food Vendor.  A~mobile food vendor~is a self-contained~food~service operation, located in a readily movable motorized wheeled or towed vehicle, used to store, prepare, display or serve~food~intended for individual portion service.

Sec.  6.  Mobile Merchandise Vendor.   A mobile merchandise vendor is a self-contained operation selling merchandise from a readily moveable motorized or otherwise moveable or non-permanent conveyance.

Sec. 7.   Mobile Vending Unit. A mobile motorized wheeled or towed vehicle used to store or display merchandise and/or prepare and serve food.

Sec.  8.   Mobile Vending License.   A document issued by the Town of Mount Desert that authorizes mobile vending.

Sec.  9.  Parking Space.  A~parking space~is a location that is designated for~parking, either paved or unpaved.~ It is usually designated by a white-paint-on-tar rectangle indicated by three lines at the top, left and right of the designated area.

Sec.  10.  Person.  As used in this ordinance, the word ‘person’ includes corporate as well as natural.

Sec.  11.  Structure.   ‘Structure’ means anything constructed or erected, the use of which requires location on the ground or attached to something having a location on the ground.

Sec .  12. Town Owned Parking Facility.  A town-owned parking facility is a parking lot owned and maintained by the Town of Mount Desert.

Article III – Requirements

With the exceptions noted in Article IV below, any person or persons conducting or causing to be conducted any business within the Town of Mount Desert, which offers for sale either at retail or wholesale items of food or merchandise shall conform to the standards outlined below:

  • All sales must be conducted within a structure permanently attached to the land on which it is located;
  • In the case of food sales, an area and/or means of consuming food on the premises must be provided.
With the exceptions noted in Article IV below, it shall be unlawful for any person or persons, conducting or causing to be conducted, any business within the Town of Mount Desert, to offer for sale, either at retail or wholesale, any merchandise in such a manner as to require or permit said sales to be made to persons who are using public property, public streets, sidewalks or other public ways while in the act of purchasing said merchandise.

Article IV – Exceptions  

Sec.  1.  The provisions of this Ordinance shall not be construed so as to apply to businesses which are in the nature of grocery stores, markets or bakeries.
 
Sec.  2.  The provision of this Ordinance shall not apply to sales conducted by eleemosynary, educational and philanthropic organizations with the written permission of the Board of Selectmen of Mount Desert, which permission shall be given by said Board upon finding that:

(1) the organization conducting the sales is in fact eleemosynary, educational or philanthropic;
(2) the sale will be of a temporary nature lasting not more than two (2) days;
(3) the sale will not be conducted in such a manner and/or place as to create congestion of the public streets, sidewalks or other public ways; and
(4) said sale would not be in violation of any State statute, or other local ordinance, rule or regulation.
 
Sec.  3.  The provisions of this Ordinance shall not apply to businesses which were in operation on or before March 3, 1986, and which were conducted from a structure or structures which were and are permanently attached to the land on which they were and are located and not of a movable or portable nature. Further, this exception shall not apply to said businesses if at any time they cease to be in operation for a period of thirty (30) continuous days in any two (2) year period; and with respect to businesses which are operated on a seasonal basis, this exception shall not apply if at any time said businesses cease to be in operation for a period of thirty (30) continuous days in any one season.

Sec.  4.  The provisions of this Ordinance shall not apply to mobile food vendors who obtain a license pursuant to Article V below.  This exception shall not apply or extend to mobile merchandise vendors.

Article V – Mobile Vending License

Sec.  1.  License Required

  • All Mobile Vendors must have a license issued by the Code Enforcement Officer of the Town of Mount Desert, Maine.
  • A Mobile Vendor’s license may be issued only for the sale of food and non-alcoholic beverages.
  • In addition to these regulations, the Mobile Vendor is responsible for obtaining all other necessary licenses, permits or authority required by law.
  • License certificates shall be attached to the Mobile Vending Unit where they are readily visible.
Sec.  2.  Application

  • Each applicant for a Mobile Vending license shall provide a specific description of the business, the goods to be sold, the equipment to be used and the proposed hours of operation, as well as a photo of the Mobile Vending unit.   
  • The license fee for a Mobile Vending license shall be determined by the Town of Mount Desert Board of Selectmen on an annual basis.   
  • Mobile Vending licenses shall be valid for one (1) year from the date of issuance.  A new application must be filed each year.  All applications are due by April 1st of each year; however, if all permitted locations are not licensed by May 15th, late applications will be considered on a first come, first serve basis.
  • No applicant’s license shall be issued without the applicant first filing with the Town Clerk a Certificate of Insurance that evidences public liability insurance of $1,000,000 and naming the town as an additional insured. The policy shall also provide for notice to the Clerk not less than thirty (30) days prior to any cancellation of insurance. Such insurance shall be maintained at all times while applicant is engaged in mobile vending activities.
Sec.  3.  Conditions of Operation

  • Mobile Vendors may operate only in designated locations within town -owned parking lots in the Shoreland Commercial District.
  • No more than five (5) Mobile Vendor licenses shall be in effect at any one time in the Town of Mount Desert. If the number of applications exceeds the available locations, vendors will be selected via an annual lottery based on vendor’s preferred location for the season and order of selection. Lottery selection will occur during the last week of April each year.
  • Approved vendors may operate from 6:00 a.m. until 10:00 p.m. If a vendor fails to operate for more than one (1) week in any month from June through September, his/her license may be revoked. The Town of Mount Desert Police Department has the right to close down a mobile vending unit where in the opinion of the Department, the unit is causing or contributing to an imminent public safety hazard.
  • When not in operation, Mobile Vending Units must be removed from the site.
  • Mobile Vendors must operate in a clean and neat manner and must supply a trash receptacle and one recycling receptacle in a convenient location that does not impede pedestrian or vehicular traffic and is sufficient in size to collect all waste generated by customers and staff of the mobile vending operation. All trash and debris generated by customers and staff shall be collected by the Mobile Vendor and removed from the site each day.
  • Mobile Vendors shall not use stakes, rods, or any method of support that is required to be drilled, driven, or otherwise fixed in asphalt pavement, curbs, sidewalks or buildings.
  • Mobile Vendors shall not provide or allow any dining area, including, but not limited to tables, chairs, benches, or stand up counters.
  • No amplified music or other sounds from Mobile Vendors are permitted.
  • Mobile Vendors shall not solicit business from pedestrians or persons in vehicles, and shall not conduct business with persons in vehicles.
  • Mobile Vendors shall not have lighting except localized lighting that is used on or inside the mobile vending unit for the purpose of product preparation and menu or product list illumination.
  • The Mobile Vendor sales area shall not exceed more than two (2) parking spaces or approximately 350 square feet in area.
  • Vinyl wrapping, decals, stickers, painted text and/or graphics and menu boards affixed to the Mobile Vending Unit shall be the only signs permitted for Mobile Vendors.
  • Any umbrellas or coverings shall not extend more than two (2) feet beyond the outer edge of the Mobile Vending Unit or vehicle.
  • Size limitations: Mobile Vending Units must not exceed twelve (12) feet in width, including any side extensions or awnings. Mobile Vending Units parking in parking spaces on town-owned property must not exceed twenty (20) feet in length, including the length of any trailer hitch, trailer, or other extension.
Failure to adhere to these conditions of operation is cause for revocation or suspension of a Mobile Vending License by the Code Enforcement Officer.


Article VI – Penalty and Enforcement

Sec.  1.  Any person or corporation who violates, disobeys, refuses to comply with, or resists the enforcement of any provision of this ordinance shall upon conviction, be fined not less than One Hundred Dollars ($100), or  more than Two Thousand Five Hundred Dollars ($2,500) for each offense. Each violation shall be deemed a separate offense.  
 
In addition, pursuant to the Maine Revised Statutes, Title 30-A, Part 2 Subpart 6-A,
Chapter 187, Subchapter 5 (30-A M.R.S.A. § 4452), the Town may recover all costs of enforcement of this ordinance, including reasonable attorney fees.
 
This ordinance shall be enforced by the Code Enforcement Officer of the Town of Mount Desert.
 
Sec.  2.  In addition to any other penalty provided by the law, the commission of acts prohibited by this Ordinance shall constitute a nuisance and may be abated by the Town seeking an injunction to prohibit further and continued violation thereof.
 
Article VII – Separability

Sec.  1.  If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.
 
Article VIII – Miscellaneous Provisions
  
Sec.  1.  This ordinance is adopted pursuant to the Maine Revised Statutes, Title 30-A, Part 2 subpart 4, Chapter 141 (30-A.M.R.S.A. § 3001, et seq.).
 
Sec.  2.  The effective date of this Ordinance is May _, 2015.

Sec.  3.  This Ordinance shall expire and be of no force or effect on May _, 2030.


Appendix C (Article 25)

Temporary Easement Agreement

This Agreement is made this ____ day of _______________, 2015, by and between the Town of Mount Desert, a body corporate and politic in Hancock County, Maine (the “Town”) and the State of Maine by and through its Department of Transportation (“MaineDOT”), with a mailing address of 16 State House Station, Augusta, Maine.  For consideration paid, the Town hereby grants to MaineDOT a temporary storm water drainage easement under and across a portion of the Town’s property on Jordan Pond Road in Mount Desert, Hancock County, Maine, on the following terms and conditions (the “Easement”):

1. Easement Area:  The easement area (the “Easement Area”) over which the Easement rights may be exercised is under and across that portion of the property of the Town described in the deed from Richard G. Rockefeller to The Inhabitants of the Town of Mount Desert, dated January 1, 1980 and recorded in the Hancock County Registry of Deeds in Book 1375, Page 518 (the “Property”) which is depicted on Sheet Number 2 entitled “Temporary Slope Restoration Plan” of the set of plans by the State of Maine Department of Transportation for “Mount Desert ME Route 3 (NHS)”, a copy of which is attached hereto (the “Easement Plans”). In the event the actual as-built locations of any such storm water improvements constructed in good faith in accordance with the terms and conditions hereof varies from the locations depicted on the Easement Plans, the as-built locations shall control and define the Easement Area, provided, however, MaineDOT shall prepare an as-built plan of the same, in recordable form reasonably acceptable to the Town and upon recording by the Town, any such plan shall be incorporated herein.

2. Purpose:  This Easement shall be for the location of an underground storm water pretreatment system with appurtenant underground pipes and manholes (the “Drainage System”), and shall include the right to enter the Easement Area with men and equipment by MaineDOT’s agents, employees, or contractors to install, inspect, clean, maintain and repair the Drainage System.

3. Parties’ Rights:  It is understood and agreed that this Easement includes the right, after MaineDOT’s consultation with the Town, (1) to excavate; (2) to clear and trim trees, shrubs and other growth; (3) to temporarily remove fences, posts, and similar minor structures within the Easement Area; (4) to fill and grade low areas in a manner as to prevent ponding of water and to provide a minimum cover over said pretreatment system and underground pipes; (5) to flow water through and from the Drainage System; and (6) to cross other portions of the Property as necessary, within the narrowest practical confines, to accomplish any work related to the Easement.  The Town shall otherwise have full use and enjoyment of the Property (including the right to pave and otherwise improve the Property) and it shall not be the Town’s responsibility to maintain the ground surface of the Property.

4. Grantee’s Obligations:  MaineDOT agrees that any exercise of its rights and obligations hereunder shall:

(1)     cause the least disruption reasonably practicable to the Property and use thereof;

(2)     be confined to the narrowest practical limits of the Property;

(3)     not unreasonably impair the safe and reasonable flow of pedestrian and vehicular traffic to, on and/or from the Property;

(4)     not unreasonably affect the use of the Property by the Town or the public;

(5)     be performed in a good and workmanlike manner and in accordance with applicable laws, rules and regulations; and

(6)     except in cases of emergency, be performed after notification to the Town, which notice shall specify the work to be performed and an estimated timeframe for completion of such work.

Further, MaineDOT agrees as follows:

(1)     Following any such installation, inspection, cleaning, maintenance or repair, it shall restore the Property as nearly as practicable to its condition that was existing prior to the same.  Such restoration work shall include but not be limited to reseeding and replacing any disturbed areas or foliage or other growth which was removed and restoring any disturbed ground surface, including but not limited to re-graveling and repaving, and restriping of the parking area.

(2)     It shall keep the Drainage System in good maintenance and repair at its sole cost and expense.

(3)     In the event of any damage to the Property or improvements or installations thereon caused by any activities hereunder or any exercise of the easement rights herein granted and not corrected, repaired or restored by MaineDOT, the Town shall have the right, but not the obligation, to conduct such repairs on behalf of MaineDOT and is entitled to seek repayment from MaineDOT of the expenses and costs paid by the Town and incurred in good faith to the extent reasonably related to such correction, repair or restoration.  MaineDOT shall promptly reimburse the Town for such expenses and costs upon receipt of a statement or invoice for the same.  The obligations of MaineDOT in this paragraph shall survive the termination of this Easement.

(4)     To the extent permissible by applicable law, MaineDOT shall defend, hold harmless and indemnify the Town and its employees, agents, contractors, successors and assigns, from and against any and all claims, actions, proceedings, damages, liabilities, costs and expenses (including but not limited to reasonable attorney’s and paralegal’s fees, consultants’ fees, court costs and other reasonable litigation expenses) for injuries to any persons  arising out of, in connection with, or as a direct result or consequence of MaineDOT’s exercise of the easement rights herein granted.  The preceding sentence shall not waive any defense immunity or limitation of liability which may be available to  MaineDOT or the Town, its or their officers, agents or employees under the Maine Tort Claims Act pursuant to the provisions of 14 MRSA Section 8101 et seq. or any other privileges or immunities as may be provided by law.  The obligations in this paragraph shall survive the termination of this Easement.   

5. Temporary Nature:  The easement rights granted herein are temporary and being granted until a new drainage system for Jordan Pond Road and Route 3 is constructed by MaineDOT.  The term of this Easement shall therefore terminate, without the need for any further documentation or action, upon the earlier of (1) five (5) years from the date hereof or (2) upon completion of construction of said new system.  Construction shall be deemed complete when the parties so agree in good faith, and the parties agree that upon request by either of them at any time after construction is complete, they shall each without cost to the other party execute, deliver and record a memorandum of the same confirming the termination of this Temporary Easement Deed.  Upon termination of this Easement, MaineDOT shall (1) remove the Drainage System and any other personal property on the Property, (2) reasonably repair any damage caused by such removal, and (3) restore the Property as nearly as practicable to the condition as of the date hereof.  (Such restoration work shall include but not be limited to reseeding and replacing any disturbed areas or foliage or other growth which was removed and restoring any disturbed ground surface, including but not limited to re-graveling and repaving, and restriping of the parking area.)  However, if MaineDOT is not in default hereunder and if MaineDOT has been pursuing construction of said new system with all due diligence but it has not been completed for reasons beyond MaineDOT’s control, then MaineDOT shall have the right to extend the term of this Easement for one (1) additional term of five (5) years on the same terms and conditions set forth herein and on the condition that it pursues completion of construction of said new system with all due diligence (as determined in the Town’s reasonable discretion).  MaineDOT shall give notice of its intention to renew or not renew this Easement one (1) year prior to the end of the initial term.

        In Witness Whereof, the parties hereto have caused this instrument to be signed and sealed in their names by the undersigned this ___ day of ________________, 2015.



Town of Mount Desert

By:     
Name:   
Its:    


State of Maine
_______________ County                  __________________, 2015

        Personally appeared the above named ____________________, ___________________ of the Town of Mount Desert and acknowledged before me the foregoing instrument to be his/her free act and deed in his/her said capacity and the free act and deed of the Town of Mount Desert.


____________________________________
Notary Public/Attorney at Law

____________________________________
Print or type name as signed

State of Maine, Department of Transportation

By:     
Name:   
Its:    



State of Maine
_______________ County                  __________________, 2015

Personally appeared the above named ____________________, ___________________ of the State of Maine, Department of Transportation and acknowledged before me the foregoing instrument to be his/her free act and deed in his/her said capacity and the free act and deed of the State of Maine, Department of Transportation.


____________________________________
Notary Public/Attorney at Law

____________________________________
Print or type name as signed


Appendix D (Article 26)

EASEMENT DEED AMENDMENT

THIS EASEMENT DEED AMENDMENT (the “Amendment”) is made and entered into this ____ day of _________________, 2015 by and between THE INHABITANTS OF THE TOWN OF MOUNT DESERT, a body corporate located at 21 Sea Street, Northeast Harbor, Hancock County, Maine, with a mailing address of PO Box 248, Northeast Harbor, Maine  04662, and KINDLE, LLC, a Maine limited liability company, its successors and assigns, having a mailing address of c/o Bill Thurston, 55 East Ridge Road, Southwest Harbor, ME  04679.
        WHEREAS, by an Easement dated June 18, 1996 and recorded in the Hancock County Registry of Deeds in Book 2574, Page 30 (the “Easement Deed”), Paul L. Miller granted the Town a sanitary sewer line easement over, across and under the property described in the following deeds:

1.      The Bank of New York, Executor of the Last Will and Testament of Mary Wagstaff, to Paul. L. Miller, dated November 16, 1977 and recorded in said Registry in Book 1305, Page 471; and
2.      Girard Trust Bank and Frederick Fraley, Jr., Executors of the Last Willa and Testament of Mary L. Fraley, to Paul. L. Miller, dated November 1, 1966 and recorded in said Registry in Book 1024, Page 343 (collectively the “Burdened Property”);

        WHEREAS, pursuant to the following deeds, Kindle, LLC is the current owner of the portion of the Burdened Property described in said deed recorded in Book 1305, Page 471:

1.      Adele O. Miller and the United States Trust Company of New York, Executors of the Estate of Paul L. Miller, to Adele O. Miller, dated June 30, 1998 and recorded in said Registry in 2756, Page 618;
2.      Adele Miller to Kindle, LLC, dated January 13, 2012 and recorded in said Registry in Book 5755, Page 173;
3.      Kindle, LLC to Beverly M. Orthwein, dated September 11, 2012 and recorded in said Registry in Book 5893, Page 286; and
4.      Beverly M. Orthwein to Kindle, LLC, dated October 1, 2012 and recorded in said Registry in Book 5942, Page 22

WHEREAS, the Easement Deed does not allow the owner of the Burdened Property to construct an elevated walkway (with a removable section to allow the Town access to the sewer line) crossing over the Town’s sanitary sewer line as depicted as the “20’ LONG X 3’ WIDE REMOVABLE RAMP” on the permit plan entitled “Project: Kindle LLC Pier”, by G.F. Johnson & Associates, dated January 20, 2015 and attached hereto as Exhibit A (the “Walkway”);   

        WHEREAS, Kindle, LLC desires to construct the Walkway and the Town is willing to allow Kindle, LLC to do so.

        NOW THEREFORE, in consideration of the terms set forth herein and for other good and valuable considerations, it is mutually covenanted and agreed by the parties hereto as follows:

The Easement Deed shall be amended to allow Kindle, LLC, its successors and assigns, the right, privilege and easement to construct the Walkway crossing over the Town’s sanitary sewer line described in the Easement Deed (as may be replaced as described in the Easement Deed) provided that the Walkway is completed and maintained in a fashion that contains removable portions, allowing the Town of Mount Desert unfettered access to the sewer line and the easement area in accordance with the rights and privileges afforded to the Town by the Easement Deed.  No other changes to the terms or conditions set forth in the Easement Deed are made.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of the date set forth above.

KINDLE, LLC
By:                                                     
Name:                                                   
Its:                                                    


STATE OF _________________
COUNTY OF _________________                             ___________________, 2015

Then personally appeared the above named, _____________________, _____________________ of Kindle, LLC, and acknowledged the foregoing instrument to be his/her free act and deed in his/her said capacity and the free act and deed of Kindle, LLC.

Before me,      _______________________________________
Notary Public

________________________________________
Print Name/Affix Seal
My Commission Expires:


INHABITANTS OF THE TOWN OF MOUNT DESERT
By:                                                     
John Macauley, Selectman
By:                                                     
Dennis Shubert, Selectman
By:                                                     
Matthew Hart, Selectman
By:                                                     
Thomas G. Richardson, Selectman
By:                                                     
Martha Dudman, Selectman

STATE OF _________________
COUNTY OF _________________                             ___________________, 2015

Then personally appeared the above named, _____________________, _____________________, _____________________, _____________________, _____________________, of Town of Mount Desert Board of Selectmen, and acknowledged the foregoing instrument to be their free act and deed in their said capacity and the free act and deed of Town of Mount Desert Board of Selectmen.

Before me,      _______________________________________
Notary Public

________________________________________
Print Name/Affix Seal
My Commission Expires:
3172015_33537_0.png
3172015_33537_1.png

III.    New Business
        Such Other Business as may be Legally Conducted
None presented.

IV.     Adjournment
MOTION:  At 6:10 p.m., Selectman Shubert moved, seconded by Selectman Dudman, to adjourn the meeting.  The vote was in favor, 5-0.


Respectfully submitted,



Matthew J. Hart,
Secretary