Town of Mount Desert
Board of Selectmen
Meeting Minutes
January 7, 2013
A meeting of the Board of Selectmen was held this date in the Meeting Room, Town Hall, Northeast Harbor, Maine.
Those present included: Chairman Tom Richardson; Selectmen Martha Dudman and Rick Mooers; staff members Town Manager Durlin Lunt, Treasurer Kathi Mahar, Assessor Kyle Avila, Fire Chief Mike Bender, Police Chief Jim Willis, Harbormaster Shawn Murphy, Public Works Director Tony Smith, and Town Clerk/Recording Secretary Joelle Nolan; and members of the public. Selectmen John Macauley and Dennis Shubert were excused.
I. Call to order at 6:30 p.m.
Chairman Richardson called the meeting to order at 6:30 p.m.
II. Public Hearing(s)
A. None
III. Minutes
A. Approval of minutes from December 17, 2012 meeting.
Approval of minutes was postponed to the next regular meeting due to lack of a quorum of those in attendance of the December 17, 2012 meeting.
IV. Appointments & Recognitions
A. Appoint Victor Doyle to Shellfish Conservation Committee with term expiring May 31, 2014
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to appoint Victor Doyle to Shellfish Conservation Committee with term expiring May 31, 2014. The vote was in favor, 3-0.
B. Thank you to Officer Kenneth Mitchell from Maine Criminal Justice Academy for Instructional Assistance
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to acknowledge Thank you to Officer Kenneth Mitchell from Maine Criminal Justice Academy for Instructional Assistance. The vote was in favor, 3-0.
C. Thank you to Mount Desert Fire Department from Carriages of Acadia for assistance with equine Duke’s rescue
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to acknowledge Thank you to Mount Desert Fire Department from Carriages of Acadia for assistance with equine Duke’s rescue. The vote was in favor, 3-0.
V. Consent Agenda (These items are considered routine, and therefore, may be passed by the Selectmen in one blanket motion. Board members may remove any item for discussion by requesting such action prior to consideration of that portion of the agenda.)
A. Street Light on church Street follow-up
MOTION: Selectman Dudman moved, seconded by Selectman Mooers, to acknowledge receipt of Consent Agenda item A. The vote was in favor, 3-0.
VI. Selectmen’s Reports
Selectman Mooers reported that at least a half-mile stretch of the Hall Quarry Road is without street lights. Recently three new families, one with children, moved in to the area. With no sidewalks and no appropriate lighting, that portion of the road is dangerous.
MOTION: Selectman Dudman moved, seconded by Selectman Mooers, to authorize Public Works Director Smith to evaluate the area, with Bangor Hydro if necessary, and report to the Board. The vote was in favor, 3-0.
VII. Old Business
A. Schoodic Sculpture Symposium presentation
Tilan Langley, Project Manager and Jesse Salisbury, Art Director were present and gave an overview of the Symposium. The 10 year mission is to provide public sculpture in Downeast Maine. There are already two sculptures on Mount Desert Island: one in Southwest Harbor and another in Bar Harbor. The last symposium will be in 2014; and eight communities are being considered for 6 symposium openings.
Selectman Dudman asked how the selection process works, and Ms. Langley said it is a complicated process. They look at how committed a community is, and the logistics of the placement of the sculpture, which needs to be publicly accessible and not necessarily on public owned land. Each town needs to have its own committee and needs to raise $12,000. The committee works with the Symposium to choose the artist and work. Chairman Richardson asked for a timeline and was told the more time the better; however the sculptures won’t be made until 2014. The Symposium supports the committee and helps with outreach, including site walks. Chairman Richardson asked how many committee members are needed and the reply was 5 – 10. It’s a partnership with the community and Symposium. They
encourage school participation and have had wonderful results.
MOTION: Selectman Dudman moved, seconded by Selectman Mooers, to invite members of public that are interested to step forward. The vote was in favor, 3-0.
Board agreed to encourage participation through the Town’s website. Sam Coplon and Storey Litchfield volunteered to be members of the committee.
B. Jordan Pond Road closure, discussion
Anne Funderburk, Jordan Pond Road resident, summarized her December 31, 2012 e-mail to Town Manager Lunt in which she expressed her serious concerns about the economic impact on Seal Harbor and Northeast Harbor business communities if the #5 Island Explorer Bus is not allowed to access those communities. She has talked with Paul Murphy from the Island Explorer regarding scheduling and ridership numbers. And she encouraged the Board of Selectmen to re-consider the closing of Jordan Pond Road.
Chairman Richardson said he talked with Mr. Murphy shortly after the Board’s initial discussion and has not heard from Downeast Transportation [Island Explorer] regarding alternate routes. Mrs. Funderburk said Mr. Murphy has been very ill and as soon as he is well he wants to work with the Board and business communities.
Selectman Dudman asked Police Chief Willis to comment. Police Chief Willis, who is acting as liaison between the Board and Acadia National Park on this matter, reported that it is difficult from an enforcement perspective to have new alternatives thrown into the mix. He has had many comments on this topic; most people are very happy with eliminating traffic by closing Jordan Pond Road. His work with ANP has resulted in closure signs already ordered. He emphasized this is a safety issue. Discussion continued regarding the hows and whys of closing the Jordan Pond Road to all but emergency and service vehicles. Town Manager Lunt asserted that the Board made the right decision to close the road – it is not an appropriate thoroughfare, it is a residential area. Board agreed that this is simply
another discussion. They await comment from Paul Murphy and Island Explorer; and will revisit if necessary.
C. Noel Musson, Planner Consultant with update from LUZO Review Advisory Group
Mr. Musson was present and reminded the Board that the Moratorium Ordinance Regarding Mineral Extraction expires February 2, 2013. He understands the Board will have a public hearing at its January 22, 2013 meeting and take action whether or not to extend the Moratorium. He went on to say there is a lengthy list of items to review from the LUZO Review Advisory Group; however, its focus has been the Moratorium issues. They have made good progress regarding mineral extraction; and have reviewed model ordinances for guidance. Although they hope to have a recommendation for the May 2013 Annual Town Meeting, he is unsure they can do so within the time frame. They are working on standards and most likely will propose a separate ordinance for mineral extraction.
D. Northeast Harbor Wastewater Treatment Plant Upgrade and Municipal Garage, Cost Estimates
Public Works Director Smith referred to his memo dated January 3, 2013 and reiterated his request to solicit competitive bid pricing for the construction of the respective projects prior to the May 2013 Annual Town Meeting, and to include separate warrant articles asking voters to consider funding the two projects.
Board agreed to move forward as recommended with Chairman Richardson stating that he personally wants to see real numbers presented at Annual Town Meeting.
E. Cable TV Franchise Agreement
Chairman Richardson suggested the key to this agreement is who will pay if the number is below 16 houses per mile. Town Manager Lunt noted Time Warner Cable has yet to respond to this agreement. Chairman Richardson suggested an Executive Session be held at a special Board meeting to discuss the agreement.
Brendun Lane residents were present and asked how the agreement would benefit them and their neighbors. Town Manager Lunt said the ultimate goal is to obtain access for all residents. Although Time Warner Cable does not have an exclusionary right to local cable access, no one else is offering. When the Time Warner Cable agreement with the Town expired in 2008, the Town of Mount Desert did not join the consortium, which has made it hard to negotiate. Currently the Town receives no franchise fees. Time Warrant Cable presently requires 18 houses per mile; the consortium is asking for 16. Town Manager Lunt went on to explain that Time Warner Cable uses the definition of areal mile; he does not know what that means but plans to find out. His goal, once an agreement is in place, is to have Time Warner Cable tell
us what is covered and move forward. Brendun Lane residents along with others present expressed various levels of frustration with the lack of internet service, many whom rely upon such service for their livelihoods. Town Manager Lunt said he and the consortium or working toward solutions.
VIII. New Business
A. Land for Sale next to Mount Desert Elementary School
Story Litchfield from LandVest [real estate agency] was present and distributed handouts describing a 2 ¼ acre lot that abuts MDES playing field. The lot is zoned Village Residential and is large enough for 2 house lots. Her job is to sell the lot and she felt, given the proximity to the school, the Board would want to be aware. Selectman Dudman asked if Ms. Litchfield had talked with Island Housing Trust, and the reply was not yet. Ms. Litchfield said this was simply an FYI for the Board and School.
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to take agenda item VIII. E. Such other business as may be legally conducted out of order. The vote was in favor, 3-0.
E. Such other business as may be legally conducted
Traffic Committee
Sam Coplon Chair of Traffic Committee was present and explained an idea from Sam Shaw to improve wayfinding in the villages of Mount Desert. This has been a subject of several committee meetings, at which it was noted there is a particular problem in Northeast Harbor. Finding Sargeant Drive was used as an example. Mr. Coplon said there is a need for professional input regarding the design package; Mr. Shaw is looking for private funding for a design consultant. He has received several proposals for under $5,000. The focus is on Northeast Harbor, which will set a standard for other villages.
Chairman Richardson wondered if wayfinding signs are allowed under the current Land Use Zoning Ordinance. Mr. Coplon said he will pursue. The Wayfinding package has been put together and locations have been identified. The Traffic Committee needs to know if the Board of Selectmen is willing to put forth a warrant article [for the May 2013 Annual Town Meeting] for costs; he said $25,000 is a guestimate. Selectman Dudman asked if the $25,000 is just for signage in Northeast Harbor and Mr. Coplon replied, mostly. Chairman Richardson said he is willing to move forward with a warrant article. Selectman Mooers harkened back to when Sydney Roberts Rockefeller made the original presentation and remembered that the Board wholeheartedly embraced her ideas and efforts. He is still very much in favor of the
project and sees Northeast Harbor as a good pilot to gauge sentiment and traffic by. Investing in the Town’s infrastructure is key to revitalization. Chairman Richardson reiterated his concerns regarding what the LUZO allows. Mr. Coplon will speak with the Planning Board at its next meeting.
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to acknowledge that this Board continues to support the Traffic Committee with its efforts for this wayfinding signage project and to move forward with the drafting of a warrant article for the May 2013 Annual Town Meeting that will meet the needs of the project; and encourages the Committee to meet with the Planning Board to determine any zoning restrictions.
DISCUSSION: Public Works Director Smith, and Traffic Committee member, asked if the Board would consider a warrant article with wording “not to exceed” a specific dollar amount. Board agreed it would.
VOTE: The vote was in favor, 3-0.
B. Dispatch Radio Console Replacement
MOTION: Selectman Dudman moved, seconded by Selectman Mooers, to authorize the release and expenditure of up to $11,000 from reserve account #G20-24104-72 for replacement of the Dispatch Radio Console. The vote was in favor, 3-0.
C. Police Department Handgun Replacement
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to authorize the sale and/or trading of currently owned firearms and authorize the release and expenditure of up to $4,000 from reserve account #G20-24104-5 for replacement of firearms, holsters, and duty gear. The vote was in favor, 3-0.
D. Hancock County Hazard Mitigation Plan
MOTION: Selectman Dudman moved, seconded by Selectman Mooers, to adopt the Resolution to the Hancock County Hazard Mitigation Plan – 2012 Update. The vote was in favor, 3-0.
IX. Committee Meeting Reports
A. None presented
X. Treasurer’s Warrants
A. Approve Treasurer’s Warrant #81 in the amount of $391,639.91
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to approve Treasurer’s Warrant #81 in the amount of $391,639.91. The vote was in favor, 3-0.
XI. Executive Session
A. None
XII. Adjournment
MOTION: At 8:08 p.m. Selectman Mooers moved, seconded by Selectman Dudman, to adjourn the meeting.
Respectfully submitted,
John B. Macauley
Secretary
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