Town of Mount Desert
Board of Selectmen
Special Meeting Minutes
Monday, March 7, 2016
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, and Tom Richardson, Town Manager Durlin Lunt, Police Chief Jim Willis, Fire Chief Mike Bender, Harbormaster John Lemoine, Treasurer Kathi Mahar, Assessor Kyle Avila, CEO Kimberly Keene, Town Clerk Claire Woolfolk, and Recording Secretary Heidi Smallidge, and members of the public. Selectman Shubert excused.
- Call to order at 6:00 p.m.
Chairman Macauley called the meeting to order at 6:00 p.m.
- Special Amusement Application from Tan Turtle Tavern Too, Inc. D/B/A Tan Turtle Tavern
Dan McKay, a neighbor, voiced concern regarding amplified music and hours of operation. He asked what was being proposed.
Robert DeGennaro from the Tan Turtle informed the Board via conference call that acoustic music would be played inside. Acoustic music would be played outside on occasion. He noted that anything more elaborate such as amplified music would require special permitting. The hours of operation were 6:30am to last call at 10:00pm with shut down at 11:00pm.
Chairman Macauley reminded the Board there was no noise ordinance.
It was noted the Board could set conditions.
- Liquor License Application from Katherine M. Conley D/B/A Lighthouse Inn and Restaurant
There was no public discussion.
- May 2 & 3, 2016 Annual Town Meeting Proposed Warrant Articles for Appropriation of Funds, Ordinance Amendments, and Ordinances
There was no public discussion.
Chairman Macauley closed the public hearings.
III. Minutes
A. Approval of Minutes from February 16, 2016 meeting.
MOTION: Selectman Dudman moved, seconded by Selectman Hart, to approve the minutes from the February 16, 2016 meeting. The vote was in favor, 4-0.
- Appointments/Recognitions/Resignations
- Recognition of Jennifer McWain going Above and Beyond for member of the public
Duly noted.
- Accept Resignation of Part-time Patrol Officer, Wyman Tapley effective February 26, 2016
MOTION: Selectman Dudman moved, with Selectman Hart seconding, to accept Officer Tapley’s resignation with regret. Motion approved 4-0.
- Appointment of Bar Harbor Police Officers as Mount Desert Police Officers: David Kerns, James Pinkham, Timothy Bland, Bradley O’Neil, Timothy Frost, Soren Sundberg, Christopher Wharff, Dustin Tierney, Judson Cake, and Jerrod Hardy
MOTION: Selectman Richardson moved, with Selectman Hart seconding, to approve the appointment of The Bar Harbor Police Officers as Mount Desert Police Officers. Motion approved 4-0.
A. Schoodic Institute and Camp Beech Cliff Acadia Winter Festival
B. League of Town Minutes February 23, 2016
C. Municipal Review Committee (MRC) Quarterly Cash Distribution in the amount of $7,402.23
D. Hancock County Commissioners Meeting Minutes February 2, 2016
E. USDOT/Federal Aviation Administration letter concerning Aquaculture Permit in Goose Cove
MOTION: Selectman Richardson moved, with Selectman Hart seconding, to approve the Consent Agenda as presented. Motion approved 4-0.
VI. Selectman’s Report
MOTION: Selectman Dudman moved, with Selectman Hart seconding, to approve the special amusement application from Tan Turtle Tavern Too, Inc. D/B/A Tan Turtle Tavern, with the understanding that outdoor music ends at sunset, and indoor music ends at 11:00pm. Motion approved 4-0.
MOTION: Selectman Hart moved, with Selectman Dudman seconding, to approve the liquor license application from Katherine M. Conley D/B/A Lighthouse Inn and Restaurant. Motion approved 4-0.
Selectman Hart asked of the Board whether the Neighborhood House could provide food to the public prior to the Town Meeting as it had done in the past. This would be at no cost to the Town.
MOTION: Selectman Dudman moved, with Selectman Richardson seconding, to approve the Neighborhood House providing food prior to the Town Meeting. Motion approved 4-0.
VII. Old Business
- Complete Votes on Warrant Articles for May 2 and 3, 2016 Annual Town Meeting
Town Clerk Woolfolk pointed out changes to the numbers in Article 22.
Article 8 through Article 10 – Selectman Richardson noted that Articles 8 through 10 were only voted on by the Planning Board.
Article 11 – Shall the Reorganization of the Town of Mount Desert Planning Board Ordinance be amended as set forth below regarding technical revisions and planning board compensation?
CEO Keene pointed out the language included in the Warrant.
MOTION: Selectman Dudman moved, with Selectman Richardson seconded, to recommend for approval Article 11 of the Draft Warrant as presented. Motion approved 4-0.
Article 12 – Shall the Reorganization of the Town of Mount Desert Zoning Board of Appeals Ordinance be amended as set forth in the Draft Warrant regarding technical revisions and variances?
CEO Keene pointed out that this Article removed the “A” from MRSA, as it was no longer annotated. The Article also clarifies the Zoning Board of Appeals’ jurisdiction over variances.
MOTION: Selectman Richardson moved, with Selectman Hart seconding, to recommend for approval Article 12 of the Draft Warrant as presented. Motion approved 4-0.
Article 22 – Shall the Town of Mount Desert be authorized to issue general obligation bonds or notes of the Town in a principal amount not to exceed $1,250,000 to finance professional technical and construction services associated with improvements to the Town’s wastewater collection and conveyance system, including but not limited to, improvements to said wastewater collection and conveyance pipe system, and removal of an existing wastewater pumping station located off State Route 3 at Bracy Cove in Seal Harbor and the construction and installation in the same general area of a new wastewater pumping station and emergency power generator, both to be contained in a small wood-framed building, and related demolition, sitework, structural, mechanical, electrical, HVAC, instrumentation work,
replacement of sanitary sewer pipes and other incidentals required to complete the improvements (the “Project”); and further to authorize the Municipal Officers to execute all things necessary or convenient to issue the bonds or notes of the Town, which may be callable, and to accomplish the Project.
MOTION: Selectman Richardson moved, with Selectman Hart seconding, to recommend for approval Article 22 as presented in the Draft Warrant. Motion approved 4-0.
Article 31 – To see if the inhabitants of the Town of Mount Desert will vote to authorize expenditures to pay any tax abatements granted by the Assessor or Board of Assessment Review, together with any interest due thereon from the Town, during the fiscal year beginning July 1, 2016, in an aggregate amount not to exceed the property tax commitment overlay.
MOTION: Chairman Macauley moved, with Selectman Hart seconding, to recommend for approval Article 31 as presented in the Draft Warrant. Motion approved 4-0.
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 2016 – 2017 Town Budget.
Town Manager Lunt provided a worksheet showing the amounts requested.
MOTION: Selectman Dudman moved, with Selectman Hart seconding, to recommend for approval Article 50 for approval as presented in the Draft Warrant.
The Board was reminded that the MDI Historical Society requested extra funds to cover painting.
Selectman Richardson pointed out that Island Explorer and the Eastern Area Agency on Aging didn’t show up at the previous meeting. It had been agreed that the Board would not honor a funding request from groups that didn’t show up. Island Explorer however did contact the Town to notify them they could not be present and they offered to present at a different time. Eastern Area Agency on Aging did not offer any explanation for their absence. Selectman Dudman felt that an organization that did not attend a meeting to request funding and offered no explanation should not be funded, in accordance with the agreed upon protocol. Selectman Hart disagreed. He felt by allowing the Island Explorer funding because they emailed already creates an exception to the agreed upon
policy.
Chairman Macauley felt the Board could act at its discretion. He cautioned setting a precedent that infers that if a group shows up they will receive money. Selectman Richardson felt the organization that did not show up should not receive funding. Katrina Carter noted the organization could have sent an email that wasn’t received. Chairman Macauley felt that would place the responsibility of following up with every group on the Town.
MOTION: Selectman Dudman amended her motion to recommend for approval Article 50 of the Draft Warrant as presented, excepting the Eastern Area Agency on Aging’s request for $500.00.
Selctman Richardson pointed out that the Emmaus Center and the Acadia Family Center were both new requests.
MOTION: Selectman Richardson moved to amend Selectman Dudman’s motion that the Board add no new requests, and the Board reject the Eastern Area Agency on Aging’s request, removing $500.00 (Eastern Area Agency on Aging), $2053.00 (Emmaus) and $2000.00 (Acadia Family Center) from the budget. Selectman Dudman seconded the motion.
Town Manager Lunt mentioned the comfort station at the Great Harbor Museum. Chairman Macauley pointed out they were the only public bathrooms on Main St. It was noted the bathrooms were not part of the deal with the museum.
Motion failed due to a tied vote of 2-2 (Hart and Macauley against).
MOTION: Selectman Dudman moved to recommend for approval all items except the Eastern Area Agency on Aging.
The motion failed for lack of a second.
MOTION: Chairman Macauley moved, with Selectman Dudman seconding, to amend the requests by $2553.00; awarding $1000.00 of the requested funds to the Emmaus Center, $1000.00 of the requested funds to the Acadia Family Center, and reject the $500.00 requested by the Eastern Area Agency on Aging, making for a revised grand total of $292,712.00. Motion approved 3-1 (Hart against).
Article 52 – To see if the Inhabitants of the Town of Mount Desert will vote to increase the property tax levy limit by $62,042.00.
It was noted the new total was $59,489.00.
MOTION: Selectman Richardson moved, with Chairman Macauley seconding, to recommend for approval Article 52 of the Draft Warrant. Motion approved 4-0.
Discussion ensued regarding whether a figure at Town Meeting could be increased. Treasurer Mahar felt a figure could not be increased. It was agreed it needed to be checked.
VIII. New Business
- Public Space Special Event Application: Acadia Centennial Movie Night/TOMD Event Committee; Northeast Harbor Village Green
MOTION: Selectman Dudman moved, with Selectman Hart seconding, to approve the application. Motion approved 4-0.
- Winter Spring Inc., D/B/A Colonel’s Restaurant Request for Liquor License Renewal
MOTION: Selectman Richardson moved, with Selectman Hart seconding, to approve the request for liquor license renewal. Motion approved 4-0.
- Scholarship Recommendations
MOTION: Selectman Dudman moved, with Selectman Hart seconding, to approve the scholarship recommendations.
- Approval of LED Lighting Project Bid and Authorize of Signing
It was noted these lights were for the Fire Station.
MOTION: Selectman Dudman moved, with Selectman Hart seconding, to approve the King Electric bid for the LED lighting project in the amount of $14,846.00. Authorization to use said amount from CIP account number 4040300-24470 - Fire Dept. Building Reserve. Motion approved 4-0.
- Approval of Installation of Holst on Seal Harbor Pier and Authorization to Spend $2,500.00
MOTION: Selectman Richardson moved, with Selectman Hart seconding, to approve up to $2500.00 out of Seal Harbor Docks CIP 4010200-24600 for the engineering work necessary to determine if a hoist can be installed. Motion approved 4-0.
- Approval of Shellfish Conservation Closure
Victor Doyle requested closure of the Bartlett Island and Birch Cove areas for clamming. He had received a grant for seeding the areas with clams. The area would remain closed for up to three years.
Selectman Richardson requested paperwork to keep as part of the record. Mr. Doyle noted the paperwork was with the DMR, however he could replicate some of it. It was agreed to table the issue till appropriate paperwork was available for review.
- Such other business as may be legally conducted
There was no other business.
IX. Treasurer’s Warrants
A. Approve & Sign Treasurer’s Warrant AP1657 in the amount of $166,785.52
B. Approve Signed Treasurer’s Payroll, State Fees, & PR Benefit Warrants AP1654, AP1655, AP1656, PR1634, PR1635, and PR1636 in the amounts of $1,422.00, $1,460.75, $2,047.50, $43,332.87, $54,617.13, and $48,115.84, respectively
C. Acknowledge Treasurer’s School Board AP/Payroll Warrant(s) 10 and 18 in the amounts of $22,470.08 and $143,320.92, respectively
MOTION: Selectman Hart moved, with Selectman Dudman seconding, to Approve & Sign Treasurer’s Warrant AP1657 in the amount of $166,785.52, Approve Signed Treasurer’s Payroll, State Fees, & PR Benefit Warrants AP1654,
AP1655, AP1656, PR1634, PR1635, and PR1636 in the amounts of $1,422.00, $1,460.75, $2,047.50, $43,332.87, $54,617.13, and $48,115.84, respectively, and Acknowledge Treasurer’s School Board AP/Payroll Warrant(s) 10 and 18 in the amounts of $22,470.08 and $143,320.92, respectively, for a total of $483,572.16. Motion approved 3-0 (Macauley in abstention)
VI. Adjournment
MOTION: Selectman Dudman moved, seconded by Selectman Hart, to adjourn the meeting. Motion approved 4-0. The meeting was adjourned at 7:51 PM.
Respectfully submitted,
Matthew J. Hart, Secretary
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