Town of Mount Desert
Board of Selectmen
Meeting Minutes January 22, 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, Fire Chief Mike Bender, 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 6:34 p.m.
II. Public Hearing and Action
A. Extension of Moratorium Ordinance Regarding Mineral Extraction
Chairman Richardson opened the public hearing at 6:35 p.m. and asked for public comment. Selectman Mooers made the clarification that although the extension is for up to 180 days, if something [amendment to the Land Use Zoning Ordinance or separate ordinance] is presented and approved at Annual Town Meeting, the moratorium ceases. He suggested if that does not happen, a Special Town Meeting should be held to address the matter. Mr. Gerald Shencavitz, abutter to Hall Quarry, commented how pleased he is with how the Town and Mr. Noel Musson [planner] have handled this matter. Mr. Ned Butler, resident, asked for a quick summary of the goal of the Moratorium. Mr. Musson said the LUZO Review Advisory Group is working to take the ambiguity out of the application process for mineral extraction. They are looking
at the use and models for standards, and considering whether or not to amend the current LUZO or to create a stand-alone ordinance with separate standards. Mr. Butler wondered if the group is looking at models that emulate Northeast Harbor or at pro mineral extraction with the least impact on neighbors. Mr. Musson explained they are trying to come up with a reasonable balance allowing use and protecting abutting landowners. Selectman Dudman asked what they are looking at specifically and Mr. Musson replied reclamation plans, buffering, recognizing different definitions, mineral extraction vs quarries, etc. He invited Mr. Butler to the next LUZO Review Advisory Group meeting at 6:00 p.m., January 24th. Chairman Richardson closed the public hearing at 6:55 p.m.
MOTION: Selectman Dudman moved, seconded by Selectman Mooers, to extend up to 180 days from February 2, 2013 (to August 1, 2013) the Moratorium Ordinance Regarding Mineral Extraction. The vote was in favor, 3-0.
III. Minutes
A. Approval of minutes from December 17, 212 meeting
MOTION: Selectman Mooers moved, seconded by Selectman Dudman , to table the approval of minutes from December 17, 2012 due to lack of a quorum of those in attendance of the December 17, 2012 meeting. The vote was in favor, 3-0.
B. Approval of minutes from January 7, 2013 meeting
MOTION: Selectman Dudman moved, seconded by Selectman Mooers, to approve the minutes from January 7, 2013 meeting as presented. The vote was in favor, 3-0.
IV. Appointments & Recognitions
None
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. Department Reports: Code Enforcement, Wastewater Treatment Plants, Treasurer (Financials, and Public Works
B. Planning Board Meeting Minutes December 10, 2012
C. Maine Sea Coast Mission/MDI Community Campfire Coalition thank-you for contribution
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to acknowledge receipt of Consent Agenda items A. – C. The vote was in favor, 3-0.
VI. Selectmen’s Reports
Selectman Dudman reported that she received letter from the Summer Residents Association (SRA) in which it has offered to give up to $10,000 as a matching challenge to the Town as seed money to jumpstart economic development; in particular to help revitalize Northeast Harbor. She recommends acceptance and asks the Board to consider. Chairman Richardson thinks, in spite of Selectman Dudman’s efforts, the community as a whole is reluctant to move forward. He wondered if hiring a planner would be based on the original plan. Selectman Dudman thought the original plan would be a springboard for the future. She acknowledged that interest has dissipated and suggested a paid consultant could spur action. She also said she has offered to meet with people in Camden and Belfast regarding their successful
revitalization efforts. Selectman Mooers said he has given a lot of thought to the ULI report and how to stir economic development, which he sees as investing money and needing voter approval. He commented that the LUZO limits business in all but a few small pockets of the Town. Putting all the effort into Northeast Harbor may not be palatable to the other villages. How can we expect to stir the entrepreneurial spirit when all is done for Northeast Harbor? Chairman Richardson stated the ULI report, with very little exception, told us everything we already knew. There are forces we can’t really control. He suggested most people leave the area because they want to not because they have to. There just aren’t enough people to sustain year round businesses. He went on to say that we have been at this for more than two years and we are still talking about hiring someone to initiate a plan of action – then who is
actually going take action? Ned Butler said he agrees with Selectman Mooers, and we need to enable conditions where they are. The LUZO has presented some hidden unintended consequences. Selectman Mooers further explained the purpose of the LUZO Review Advisory Group that Noel Musson is leading – there are an additional twenty-three items to address; the intention is to review the entire LUZO.
VII. Old Business
A. Public Works Director Contingency Plan for 2013 Annual Town Meeting Warrant Articles
Public Works Director Smith explained he would like to have a contingency plan in case he does not have bid pricing in place for the new Public Works garage in time for both the Board and the Warrant Committee to act on. He is confident he will have pricing for the Northeast Harbor Wastewater Treatment Plant upgrade. He’d like to have enough leeway to ensure a Warrant Article for the 2013 Annual Town Meeting. He is asking the Board to agree to the use of “in an amount not exceed”. Board agreed it is comfortable with the process as described in Public Works Director Smith’s memo dated January 16, 2013.
B. Hall Quarry Road Street Lights
Public Works Director Smith summarized his memo and added he will meet with a Bangor Hydro Service person to show him the specific poles that need lights; then Bangor Hydro will put in a work order and install the lights. He also spoke with Mike Musetti from MCM Electric who estimated the cost to be $15 a month for a 100 watt light, or $1,260 annually for seven lights. “Dark Sky” lights are not available; however, Bangor Hydro will blacken the sides of the lights to project the light downward. He also noted if approved by the Board, the cost is within budget.
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to authorize the installation of seven streetlights on the Hall Quarry Road. The vote was in favor, 3-0.
C. Otter Creek Fire Pond, discussion
Fire Chief Bender presented a larger scale engineer drawing of the fire pond. Chairman Richardson confirmed the muck is about a foot and a half deep. It was last dredged in the mid 1990’s and appears to be filling in about an inch a year. The back of the pond is worse and somewhat swampy due to the directional flow of the feed to the pond. The land is owned by Paul Richardson, who controls the level by flashboards located at the spillway. Fire Chief Bender said the cost to dredge covers a wide range depending on the contents of the material. If considered “hazardous”, it will be very costly. Chairman Richardson commented on the run-off from the mountain and stormwater run-off from Route 3/Grover Avenue, which has been recently cleaned.
Selectman Mooers asked Chief Bender if core samples will be taken to determine if heavy metals are present, and the reply was yes. And if heavy metals are discovered, dredging would have to be treated as hazardous? And if not removed, do nothing? Selectman Mooers said it might be in the Town’s best interest to take the least restrictive matters by prohibiting the removal of flashboards and/or getting core samples. Chairman Richardson said he is not sure the Town can take control of the dam, since the land is privately owned. Selectman Mooers said he is in favor of getting core samples to find out what we are dealing with. Board requested Fire Chief Bender to obtain costs for sampling and testing. Selectman Mooers stated this is an essential resource that we need to preserve.
Public Works Director Smith said from a Firefighter perspective we need the fire pond; it is a key resource to fight fires. He believes an independent engineer can present reasonably accurate costs. Selectman Mooers wondered what funds are available in the Board of Selectmen’s contingency, and was told $15,400. Fire Chief Bender reported that when he presented his budget to the Warrant Committee a suggestion was made regarding the fire pon to contact Acadia National Park for assistance. Chairman Richardson thought it prudent to do the sampling, then consider contacting ANP.
VIII. New Business
A. Bartlett Landing Floats, Authorization to Solicit Bids for Replacement
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to authorize Harbormaster Murphy to solicit bids for construction of two 20 ft x 20 ft replacement floats at Bartlett Landing. The vote was in favor, 3-0.
B. Northeast Harbor Marina Floats, Authorization to Solicit Bids for Replacement
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to authorize Harbormaster Murphy to solicit bids for construction of five 20 ft x 20 ft replacement floats at the Northeast Harbor Marina. The vote was in favor, 3-0.
C. Marine Management Committee Recommendation to Adjust Summer Daily Dockage/Outboard Float Fees
Selectman Dudman asked when the fees were last raised, and Harbormaster Murphy replied 2 to 3 years ago; this is a 5% increase.
MOTION: Selectman Dudman moved, seconded by Selectman Mooers, to approve the Marine Management Committee recommendation to adjust summer Daily Dockage/Outboard Float Fees as presented:
to adjust the current daily rate ($2.50/ft.) for 0-49’ vessels to $2.65/Ft;
to adjust the current daily rate ($3.00/ft.) for 50-59’ vessels to $3.15/Ft;
to adjust the current daily rate ($3.50/ft.) for 60’ vessels and above to $3.65/Ft; and to adjust the outboard float seasonal rate from $750.00 to $800.00.
The vote was in favor, 3-0.
D. MDIHS Purchase of Diesel Fuel
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to sell diesel fuel to Mount Desert Island High School for their six school buses.
DISCUSSION: Selectman Dudman wondered if the Town could cancel the agreement if it doesn’t work out. Public Works Director Smith replied yes, however, he does not anticipate any problems. Treasurer Kathi Mahar stated we will only bill Mount Desert Island High School, not the individual schools.
VOTE: The vote was in favor, 3-0.
E. Northern New England Telephone Operations LLC (Fairpoint) Application for Pole Location at Whitney Farm Road
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to approve the Northern New England Telephone Operations LLC (Fairpoint) application for pole location at Whitney Farm Road. The vote was in favor, 3-0.
F. Such other business as may be legally conducted
Review of General Government, Marina Enterprise, and Debt Budgets
Board reviewed the General Government budgets, which includes Governing Body, Municipal Management, Town Clerk/Registrar of Voters, Finance/Treasurer, Assessment & Revaluations, Code Enforcement, Unallocated Personnel Costs, Human Resources, Health & Welfare; the Marina Enterprise budget, which includes Northeast Harbor Marina, Seal Harbor Marina, Bartlett Narrows Harbor, Somesville Harbor, Marina Revenues; and the Debt listing.
IX. Treasurer’s Warrants
Treasurer Mahar explained the purpose of approving the additional warrants [previously signed] is to ensure that the total amount of authorized disbursements of the Town is documented in the public record.
A. Approve & Sign Treasurer’s Warrant #86 in the amount of $441,910.44
B. Approve Signed Treasurer’s State Fee Warrant #84 in the amount of $4,338.38
C. Approve Signed Treasurer’s Wage & Benefit Warrant #’s 83& 85 in the amounts of $47,699.53 & $53,820.58, respectively
D. Acknowledge Treasurer’s School Board Payroll/AP Warrant #’s 14, 15, & 7 in the amounts of $51,297.89, $120,852.99, & $18,628.36, respectively
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to approve Treasurer’s Warrants totaling $738,548.17 as described in agenda items IX. A. – D. The vote was in favor, 3-0.
X. Executive Session
A. None
XI. Adjournment
MOTION: At 8:23 p.m. Selectman Mooers moved, seconded by Selectman Dudman, to adjourn the meeting.
Board agreed to have a special budget meeting at 4:00 p.m., Monday, January 28, 2013, Meeting Room, Town Hall, Northeast Harbor to review Fire, Police, and Communications.
Respectfully submitted,
John B. Macauley
Secretary
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