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Town of Mount Desert
Board of Selectmen
Meeting Minutes
October 17, 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 Dennis Shubert; staff members Town Manager Durlin Lunt, Harbormaster John Lemoine, Fire Chief Mike Bender, Public Works Director Tony Smith, Treasurer Kathi Mahar, Assessor Kyle Avila, Code Enforcement Officer Kim Keene, Town Clerk Claire Woolfolk, and Town Counsel James Collier; and members of the public. Selectman Reilly, excused.
I. Call to order at 6:00 p.m.
Chairman Macauley called the meeting to order at 6:00 p.m.
II. Executive Session
- Pursuant to Title 1 M.R.S. § 405(6)(E) – Consultation with Town Attorney regarding pending or contemplated litigation
MOTION: Selectman Dudman moved, seconded by Selectman Hart, that the Board of Selectpersons go into Executive Session for the purpose of consultations between the Board and its attorney concerning pending or contemplated litigation. The vote was in favor, 4-0
At 6:32 p.m. MOTION: Selectman Shubert moved, seconded by Selectman Macauley, that the Board of Selectpersons return to Regular Session. The vote was in favor, 4-0
III. Post Executive Session
A. Pending or contemplated litigation, action if necessary
No action taken.
Chairman Macauley asked Town Counsel James Collier to explain to the public why the Selectmen had no duty/authority to interfere with the Planning Board or the Zoning Board regarding any hearings they may be involved with.
Mr. Collier stated that it is outside of the Selectmen’s authority to tell the Planning Board or Zoning Board of Appeals how to do their jobs. Mr. Collier’s advice to the Selectmen is that they not speak to any matters that are before the Planning Board or the Board of Appeals.
Ms. Funderburk asked why the Planning and Zoning Boards are not answerable to the Selectmen if they appoint the members. Other Boards and Committees are appointed to serve the Board of Selectmen. She also asked at what point a citizen would have a voice in the proceedings.
Mr. Collier explained that the proper chain of authority is that the Planning Board is answerable to the Board of Appeals; Board if Appeals is answerable to the Superior Court; and the Superior Court answers to the Law Court. Mr. Collier also explained that a citizen would have a voice if they are a party to the proceeding (if they are affected by the matter at hand; usually if they are an abutter or pass the “neighborhood test”). If a citizen has standing, then they can appeal the decision to the Board of Appeals, and then to court for a remedy.
IV. Public Hearing(s)
- Authorize borrowing up to $1,250,000 for the construction and installation of a new wastewater pumping station at Bracy Cove in Seal Harbor (2016 SRF General Obligation Bond)
The Public Hearing was opened and public comment was invited. Hearing none, the hearing was closed.
V. Post Public Hearing
- Signing of bond documents for Bracy Cove Pump Station (2016 SRF General Obligation Bond)
It was acknowledged that the documents would be signed at the end of the meeting.
VI. Minutes
- Approval of minutes from October 3, 2016 meeting
MOTION: Selectman Shubert moved, seconded by Selectman Hart, to approve the minutes from the October 3, 2016. The vote was in favor, 4-0
- Approval of minutes from October 12, 2016 meeting
MOTION: Selectman Dudman moved, seconded by Selectman Hart, to approve the minutes from the October 12, 2016. The vote was in favor, 3-0-1 (Shubert abstained)
VII. Appointments/Recognitions/Resignations
- Appointment of Lisa Young as Tax Collector effective October 17, 2016
MOTION: Selectman Hart moved, seconded by Selectman Dudman, to accept the Appointment of Lisa Young as Tax Collector effective October 17, 2016. The vote was in favor, 4-0.
- Authorize Appointment of Ninette Ferm as Warden for the November 8, 2016 State General and Referendum Election
MOTION: Selectman Shubert moved, seconded by Selectman Hart, to accept the appointment of Ninette Ferm as Warden for the November 8, 2016 State General and Referendum Election. The vote was in favor, 4-0.
- Appointment of Patricia Dority to the Mount Desert Housing Authority Board of Commissioners as Tenant Representative.
MOTION: Selectman Dudman moved, seconded by Selectman Shubert, to accept the appointment of Patricia Dority to the Mount Desert Housing Authority Board of Commissioners as Tenant Representative. The vote was in favor, 4-0.
VIII. 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.)
- Letter to Town Manager Lunt and Selectmen regarding the Acadia National Park Boundary Clarification Act (S.3027)
- Letter to Mount Desert Board of Selectmen from Evelyn Sargent regarding plowing and speeding in the Ripples Road area
- Letters to Mount Desert Board of Selectmen and Planning Board from Janet Leston Clifford regarding the quarrying in Hall Quarry
- Letter to Mount Desert Board of Selectmen from Ellen T. Brawley regarding the quarrying in Hall Quarry
- Letter to Mount Desert Board of Selectmen from Chris Breedlove regarding the quarrying in Hall Quarry
- History of Quarrying Application from James Aylen
- Letter to Mount Desert Board of Selectmen from Seth Singleton regarding the quarrying in Hall Quarry
- Letter to Mount Desert Board of Selectmen from Pamela Bowie regarding the quarrying in Hall Quarry
- Letter to Mount Desert Board of Selectmen from Gerald Shencavitz regarding the quarrying in Hall Quarry
- Letter to Mount Desert Board of Selectmen from Judith Aylen regarding the quarrying in Hall Quarry
- Questions on Zoning changes in Hall Quarry from Anne S. Funderburk
- Potential migratory bird list for the Hall Quarry area from Kelly O’Neil
- Summer Residents Association Meeting Minutes of August 24 and July 20, 2016
- State Valuation Report
MOTION: Selectman Shubert moved, seconded by Selectman Hart, to accept the Consent Agenda as presented. The vote was in favor, 4-0.
IX. Selectmen’s Reports
Selectman Dudman requested that Lisa Parsons, Chamber of Commerce President, report at a future Selectman meeting on the Chamber activities funded by the Annual Town Meeting (May 2016).
X. Old Business
- Amend Motion of Margaret Porter as ongoing part-time motor vehicle agent to also include Tax Collector for the period of October 7- 17, 2016
MOTION: Selectman Shubert moved, seconded by Selectman Hart, to amend the motion of Margaret Porter as ongoing part-time motor vehicle agent to also include Tax Collector for the period of October 7- 17, 2016. The vote was in favor, 4-0.
- Sign Certificates of Appointment for Zachary Allen and Christopher Johannsen as Part-Time Patrol Officers
It was acknowledged that the documents would be signed at the end of the meeting.
- Carryovers from FY 2015-2016 to FY 2016-2017(Town Clerk and Economic Development)
MOTION: Selectman Dudman moved, seconded by Selectman Hart, to approve the Carryovers from FY 2015-2016 to FY 2016-2017 for the Town Clerk and Economic Development. The vote was in favor, 4-0.
XI. New Business
- Public Space Event Application; Seal Harbor Village Green – Seal Harbor Library Association Annual Summer Fair; July 29, 2017
MOTION: Selectman Hart moved, seconded by Selectman Dudman, to approve the Public Space Event Application; Seal Harbor Village Green – Seal Harbor Library Association Annual Summer Fair; July 29, 2017. The vote was in favor, 4-0.
- Award Sand Bid Contract to Harold MacQuinn, Inc. at a price of $9.20/cubic yard, or $27,600 for the 3,000 cubic yards the bids were based on
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to authorize the Sand Bid Contract to be awarded to Harold MacQuinn, Inc. at a price of $9.20/cubic yard, or $27,600 for the 3,000 cubic yards the bids were based on. The vote was in favor, 4-0.
- Consider the Marine Management committee’s motion to terminate cruise ship visits
Chairman Macauley invited public comment on the issue of cruise ship visits to Northeast Harbor. Several comments were made both in favor and in opposition to the proposed 2017 visitation schedule.
Concerns included the loss of gear and revenues to the fishermen, views from waterfront properties, congestion on Main Street, and changes to the character of Northeast Harbor.
Advocates sited increased sales by local merchants. Merchants noted that they must make their annual living in the summer months.
Public comment noted that the answer to a revitalized community is for “feet on the ground” year-round by residents rather than relying on summer tourism.
Harbormaster Lemoine was asked to comment on the jurisdiction the Town has over the waterways. Mr. Lemoine stated that the Town has no jurisdiction where the cruise ships would drop anchor. The Town does have jurisdiction over tenders’ use of docks at the marina.
After hearing the public comments, it was determined by Board members that facts need to be obtained before considering the issue. Town Manager Lunt will invite representatives from American Cruise Lines and Cruise Maine USA to attend the November 7, 2016 Selectman meeting to discuss the proposed visitations.
- Such other business as may be legally conducted
No other business presented
XII. Treasurer’s Warrants
- Approve & Sign Treasurer’s Warrant AP1722 in the amount of $1,384,191.83
- Approve Signed Treasurer’s Payroll, State Fees, & PR Benefit Warrants AP1720, AP1721, and PR1708 in the amounts of $2,668.62, $59,911.38, and $84,863.35 respectively
- Acknowledge Treasurer’s School Board AP/Payroll Warrant(s) 6 and 8 in the amounts of $370,946.77 and $71,050.42
MOTION: Selectman Shubert moved, seconded by Selectman Hart, to approve, sign, and acknowledge Treasurer’s Warrants A – B totaling $ 1,531,635.18. The vote was in favor, 4-0
MOTION: Selectman Shubert moved, seconded by Selectman Hart, to approve, sign, and acknowledge Treasurer’s Warrants C totaling $ 441,997.19. The vote was in favor, 3-0-1 (Chairman Macauley abstained).
XII. Adjournment
MOTION: At 7:48 p.m., Selectman Dudman moved, seconded by Selectman Hart, to adjourn the meeting. The vote was in favor, 4-0.
Respectfully submitted,
Matthew J. Hart, Secretary
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