Town of Mount Desert
Board of Selectmen
Meeting Minutes
June 17, 2013
A meeting of the Board of Selectmen was held this date in the Community Room, Somesville Fire Station, Somesville, Maine.
Those present included: Chairman Tom Richardson; Selectmen Martha Dudman, John Macauley, Rick Mooers, and Dennis Shubert; staff members Town Manager Durlin Lunt, Treasurer Kathi Mahar, Public Works Director Tony Smith, Police Chief Jim Willis, Fire Chief Mike Bender, Harbormaster Shawn Murphy, and Town Clerk/Recording Secretary Joelle Nolan; and members of the public
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 June 3, 2013 meeting.
MOTION: Selectman Dudman moved, seconded by Selectman Mooers, to approve the minutes from June 3, 2013 meeting. The vote was unanimous in favor, 5-0.
IV. Appointments & Recognitions
A. Confirm Appointment of Durlin E Lunt, Jr as Local Health Officer for a Three Year Term (22MRSA§452)
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to confirm the appointment of Durlin E Lunt, Jr. as Local Health Officer for a three year term (22MRSA§452). The vote was unanimous in favor, 5-0.
B. Confirm Appointment of Kathleen Miller and Christopher Buczko to the Warrant Committee for a Three Year Term
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to confirm the appointment of Kathleen Miller and Christopher Buczko to the Warrant Committee for a three year term each, expiring May 31, 2016. The vote was unanimous in favor, 5-0.
C. Confirm Appointment of Tobias Francis as Seasonal Dock Hand at an Hourly Rate of $11
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to confirm the appointment of Tobias Francis as Seasonal Dock Hand at an hourly rate of $11. The vote was unanimous in favor, 5-0.
D. Confirm Appointment of Gabe Lunt as Seasonal Helper for Buildings & Grounds and Parks & Cemeteries at an Hourly Rate of $12
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to confirm the appointment of Gabe Lunt as Seasonal Helper for Buildings & Grounds and Parks & Cemeteries at an hourly rate of $12. The vote was unanimous in favor, 5-0.
E. Recognize Efforts of Staff for Munis Financial Software Implementation
MOTION: Selectman Dudman moved, seconded by Selectman Macauley, to recognize with thanks the efforts of Staff for Munis financial software implementation. The vote was unanimous in favor, 5-0.
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. Department Reports: Fire; Treasurer/Financials
B. Maine Dept of Corrections Law Enforcement Facility Classification
C. Marine Management Committee Minutes April 9, 2013
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to acknowledge receipt of Consent Agenda items A – C as presented. The vote was unanimous in favor, 5-0.
VI. Selectmen’s Reports
Selectman Dudman reported that applications for the Economic Development Director consultant position have been reviewed and five interviews are scheduled for next week.
Local residents and business owners have complained about the parking lot next to the Knowles Company; the terrain is in poor condition making it hard to exit. Public Works Director Smith said it is scheduled for repair next year. Selectman Mooers suggested that the pot holes be filled now as a stop gap measure, and Public Works Director Smith replied that was doable.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to request Public Works Director Smith to look into making minor repairs to the parking lot beside the Knowles Company. The vote was unanimous in favor, 5-0.
VII. Old Business
A. Proposed Changes to Traffic Ordinance, and Public Comment
Police Chief Willis stated there have been no changes to the proposed draft presented to the Board at its June 3rd meeting, and he has received no comment from the public. The discussion continued, from June 3rd, regarding Section D-9 (a) (7) of the Ordinance and it was determined that parking along the stretch of road from the intersection of Routes 3 and 198 to Asticou Inn is not safe.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to amend the proposed changes to the Traffic Ordinance as follows: Section D-9 (a) (7) to read: on either side of Route 3 between the intersection of Route 3 and Route 198 and the intersection of Route 3 and the Asticou Hill Trail; to repeal the current Ordinance; and to enact the Traffic Ordinance as presented. The vote was unanimous in favor, 5-0.
VIII. New Business
A. Neighborhood House Agreement
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to adopt the annual Neighborhood House Agreement as presented and to authorize the Town Manager to sign the Agreement. The vote was unanimous in favor, 5-0.
B. Chamber of Commerce Agreement
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to adopt the annual Mount Desert Chamber of Commerce Agreement as presented and to authorize the Town Manager to sign the Agreement. The vote was unanimous in favor, 5-0.
C. Commercial Operator Ticket Sales Agreement
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to adopt the annual Commercial Operator Ticket Sales Agreement as presented and to authorize the Town Manager to sign the Agreement. The vote was unanimous in favor, 5-0.
D. Lurvey Wright American Legion Post No. 103 Lease
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to adopt the annual Lurvey Wright American Legion Post No. 103 Lease as presented and to authorize the Town Manager to sign the Agreement. The vote was unanimous in favor, 5-0.
E. Proposed Changes to Harbor Regulations: Northeast Harbor Commercial Float Regulations
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to adopt the proposed changes to the Harbor Regulations: Northeast Harbor Commercial Float Regulations as presented.
DISCUSSION: Selectman Shubert questioned the change from having the Harbormaster make recommendations to having the Marine Management Committee make the recommendations. What power does the Committee have? Harbormaster Murphy explained there are areas where he can make recommendations, and other areas where it would be more appropriate for the Committee to make the recommendations. He also said he believes if the recommendation comes from the Committee, it is stronger. Selectman Mooers pointed out the proposed change should include “shall not recommend approval more than eleven boats” (correcting thirteen to eleven).
MOTION: Selectman Mooers moved, seconded by Selectman Shubert, to correct line two in paragraph two of section 3. Limits on Numbers and Size of Boats to read “not approve more than eleven (11) boats to use the Northeast Harbor Marina”. The vote was unanimous in favor, 5-0.
VOTE on the main motion: The vote was unanimous in favor, 5-0.
F. Fire Chief Request to Release $62,247.40 for Fourth Installment on Ladder Truck
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to authorize the expenditure of $62,247.40 from Fire Equipment/Engine Reserve Account #20-2104-71 for the fourth installment payment on the ladder truck. The vote was unanimous in favor, 5-0.
G. Wastewater Truck Bid Recommendation
MOTION: Selectman Shubert moved, seconded by Selectman Mooers, to award the Wastewater Truck bid to Darlings Auto Mall for a 2014 GMC pickup truck at a cost of $21,849 and authorize the expenditure from Wastewater Work Truck Reserve Account #20-24105-83 in the amount of $21,849. The vote was unanimous in favor, 5-0.
H. Public Works Packer Truck Bid Recommendation
MOTION: Selectman Mooers moved, seconded by Selectman Shubert, to award the Packer Truck bid to Maine Equipment and authorize expenditure of $59,995 from Refuse Truck Reserve Account #20-24105-81. The vote was unanimous in favor, 5-0.
I. Such other business as may be legally conducted
1. Draft Warrant for July 25, 2013 Special Town Meeting
Noel Musson, Planning Consultant with the LUZO Review Advisory Group, was present and explained they have tried to make the proposed Warrant articles less confusing by separating some of the wording and adding straight forward and unbiased explanations. Proposed Article 3 would prohibit mineral extraction and quarrying; if Article 3 fails, Article 4 would allow quarrying but not mineral extraction; and Article 5 would enact the new Quarrying License Ordinance. He went on to explain that it is possible for the vote to result in no change to the current situation; however, he, the Advisory Group, and the attorneys believe they have covered as much as they possibly can.
Selectman Dudman clarified that if Article 3 passes it would prohibit all mineral extraction and quarrying; however the existing grandfathered quarry would still permitted. And in the case of either Article 3 or Article 4 passing, we would still want to pass Article 5 to have an ordinance in place to avoid the current situation.
Selectman Shubert suggested the explanation with Article 3 is misleading, and proposed including the previously conforming use will continue (grandfathering).
Mr. Musson agreed and emphasized the importance of voting on Article 5 (the new ordinance).
Chairman Richardson summarized if Article 3 is adopted Section 6B12 is removed from the LUZO, and then Article 5 needs to pass to adopt the new Quarrying License Ordinance since, currently, quarries are allowed. Selectman Macauley questioned the length of time it has taken to develop the proposed articles; it seems simple to him. Mr. Musson countered that it has not been a simple process; the Advisory Group has had no direct models to work with. They looked at several and found nothing specific to quarries. They have worked hard to present a balanced product. Selectman Mooers noted the Group has been working diligently; however, the town meeting process cannot be expedited - there are many steps to reach the final meeting date.
Selectman Dudman asked about the timeline, and Mr. Musson said essentially the language needs to be finalized tomorrow (June 18th), and he is in hopes the Board will sign-off on the Warrant at its July 1st meeting to allow the Warrant to go to the Warrant Committee by July 5, (the 21st day before the Special Town Meeting). The Board will hold its public hearing July 15th.
Town Clerk Nolan asked a couple of procedural questions regarding the Warrant. Board agreed to include the typical question allowing non-residents to speak (Article 2), and agreed to include recommendations from all three entities: Board of Selectmen, Planning Board, and Warrant Committee (Articles 3, 4, & 5). She also described the Charter requirement of publishing the entire Special Town Meeting Warrant in a local newspaper, which is why the Articles refer to “copies of amendments/ordinance are on file with the Town Clerk”.
2. Public Works Director Smith
With the upgrade to the Northeast Harbor Wastewater Treatment Plant, the contractor will be driving several steel piles for a few days. It will be noisy. The Engineers will go to door to door with notices and we will post information on the Town’s website.
IX. Treasurer’s Warrants
A. Approve & Sign Treasurer’s Warrant #141 in the amount of $394,593.30
B. Approve Signed Treasurer’s Wage & Benefit Warrant #138 & 140 in the amount of $45,995.55 & $44,862.59, respectively
C. Approve Signed Treasurer’s State Fee Warrant #142 in the amount of $4,762.15
D. Approve Signed Treasurer’s State Fee and Wage & Benefit Warrant #139 in the amount of $80,647.01
E. Acknowledge Treasurer’s School Board Payroll/AP Warrant #12 & 25 in the amount of $89,508.07 & $92,224.89, respectively
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to approve and acknowledge Treasurer’s Warrants as described in items A – E totaling $752,593.56. The vote was unanimous in favor, 5-0.
X. Executive Session
A. None
XI. Adjournment
MOTION: At 7:16 p.m., Selectman Mooers moved, seconded by Selectman Dudman, to adjourn the meeting. The vote was in favor, 5-0.
Respectfully submitted,
John B. Macauley
Secretary
| 
