Town of Mount Desert
Board of Selectmen
Meeting Minutes
July 1, 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, John Macauley, Rick Mooers, and Dennis Shubert; staff members Town Manager Durlin Lunt, Treasurer Kathi Mahar, Public Works Director Tony Smith, Harbormaster Shawn Murphy, Fire Chief Mike Bender, and Police Chief Jim Willis; 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 17, 2013 meeting.
MOTION: Selectman Dudman moved, seconded by Selectman Macauley , to approve the minutes from June 17, 2013 as presented. The vote was unanimous in favor, 5-0.
IV. Appointments & Recognitions
A. Confirm Appointment of Theodore B. Cake as Part-Time Police Officer at a rate of pay $15/hour
MOTION: Selectman Shubert moved, seconded by Selectman Mooers, to confirm the appointment of Theodore B. Cake as Part-Time Police Officer at a rate of pay $15/hour. The vote was unanimous in favor, 5-0.
B. Confirm Appointment of Michael Dougherty as Seasonal Boat Launch Operator at a rate of pay $13/hour
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to confirm the appointment of Michael Dougherty as Seasonal Boat Launch Operator at a rate of pay $13/hour. The vote was unanimous in favor, 5-0.
C. Confirm Appointment of Damion Osbourne as Seasonal Dock Hand at a rate of pay $11/hour
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to confirm the appointment of Damion Osbourne as Seasonal Dock Hand at a rate of pay $11/hour. The vote was unanimous in favor, 5-0.
D. Confirm Appointment of Solena Dragonetti as Seasonal Dock Hand at a rate of pay $13/hour
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to confirm the appointment of Solena Dragonetti as Seasonal Dock Hand at a rate of pay $13/hour. 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: Wastewater Treatment Plants, Police
B. League of Towns Minutes May 28, 2013
C. Hancock County Commissioners Draft Meeting Minutes June 4, 2013
D. Hancock County Commissioners Draft Meeting Minutes June 14, 2013
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to acknowledge receipt of Consent Agenda items A – D as presented. The vote was unanimous in favor, 5-0.
VI. Selectmen’s Reports
Selectman Dudman reported that four interviews for an Economic Development Director consultant have been completed and the committee hopes to have a recommendation for the Board at its July 15th meeting.
Selectman Shubert asked Public Works Director Smith when the sidewalks in Seal Harbor will be completed; and he replied there should be activity tomorrow. There was an issue of payment between contractors.
VII. Old Business
A. Confirm Police Department Outside Detail Pay Rates Category 1 at $50/hour and Category 2 at $65/hour
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to confirm Police Department Outside Detail Pay Rates Category 1 at $50/hour and Category 2 at $65/hour. The vote was unanimous in favor, 5-0.
B. Otter Creek Landing, update
Chairman Richardson referred to Public Works Director Smith’s memo dated June 26, 2013 and reported on the meeting with DEP representative Jon Cullen. Due to the proposed disturbance of salt water grasses, the more in-depth Natural Resources Protection Act (NRPA) permit is required, rather than the simple Permit-by-Rule. Public Works Director Smith asked the Board for authorization to work with Tim Brochu of CES to obtain the NRPA permit since Mr. Brochu was involved with the existing ramp, has worked very successfully with DEP, and is well-versed in the NRPA permitting process. Public Works Director Smith estimates the cost Mr. Brochu’s services to be $2,500.
It was noted that some of the granite necessary for the project might be donated by Conrad Smith from his quarry in Franklin. Chairman Richardson suggested purchasing the remainder granite needed to complete the project from Mr. Smith.
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to authorize Public Works Director Smith to work with Tim Brochu, CES to obtain a Natural Resources Protection Act permit for the Otter Creek Landing project. The vote was unanimous in favor, 5-0.
C. Draft Warrant for Special Town Meeting July 25, 2013
The Board reviewed the draft warrant and made the following recommendations:
MOTION: Selectman Shubert moved, seconded by Selectman Dudman to recommend passage of Article 2 as presented. The vote was unanimous in favor, 5-0.
MOTION: Selectman Shubert moved, seconded by Selectman Macauley to recommend passage of Article 3 as presented. The vote was in favor, 3-2 with Selectmen Macauley and Dudman voting against.
MOTION: Selectman Shubert moved, seconded by Selectman Dudman to recommend passage of Article 4 as presented, if Article 3 fails. The vote was unanimous in favor, 5-0.
MOTION: Selectman Shubert moved, seconded by Selectman Macauley to recommend passage of Article 5 as presented. The vote was unanimous in favor, 5-0.
VIII. New Business
A. Village Green Special Event Application MDI Farmers Market
MOTION: Selectman Dudman moved, seconded by Selectman Macauley, to approve the Village Green Special Event Application from the MDI Farmers Market for June 27 through Labor Day (September 5, 2013). The vote was unanimous in favor, 5-0.
B. Replacement of Electrical Feed to North Dock, Northeast Harbor Marina, proposal
MOTION: Selectman Macauley moved, seconded by Selectman Shubert, to authorize the release of/not to exceed $14,580 from Marina Reserve Account #20-24120-82 to replace electrical feed to the North Dock of the Northeast Harbor Marina. The vote was in favor, 4-0-1 with Selectman Mooers abstaining due to the fact the electrical contractor is a family member.
C. Fuel Bid Award to Acadia Fuel LLC at $2.7498/gallon
MOTION: Selectman Shubert moved, seconded by Selectman Mooers, to award the fuel bid to Acadia Fuel LLC at $2.7498/gallon for the 2013-2014 year. The vote was unanimous in favor, 5-0.
D. Award of Town Paving Contract FY 2014
MOTION: Selectman Shubert moved, seconded by Selectman Mooers, to award the Town Paving Contract for FY 2014 to Wellman Paving in the amount of $254,771.94. The vote was unanimous in favor, 5-0.
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to authorize Public Works Director Smith to sign the paving contract with Wellman Paving. The vote was unanimous in favor, 5-0.
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to authorize the use of the remaining balance of $65,228.06 from the FY-14 paving budget at Public Works Director Smith’s discretion as outlined in page 2 of his memo dated June 26, 2013. The vote was unanimous in favor, 5-0.
E. Horace R and Mary P Reynolds Scholarships for 2012 and 2013, disbursement of funds
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to authorize the disbursement of $500 for 2012 and $500 for 2013 for the Horace R. and Mary P. Reynolds Scholarships. The vote was unanimous in favor, 5-0.
F. Frank F Stanley Scholarships for 2012 and 2013, disbursement of funds
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to authorize the disbursement of $100 for 2012 and $100 for 2013 for the Frank F. Stanley Scholarships. The vote was unanimous in favor, 5-0.
G. Such other business as may be legally conducted
None presented.
IX. Treasurer’s Warrants
A. Approve & Sign Treasurer’s Warrant #147 in the amount of $174,919.13
B. Approve Signed Treasurer’s State Fee Warrant #144 & 145 in the amount of $5,959.50 & $3,970.25, respectively
C. Approve Signed Treasurer’s Wage & Benefit Warrant #143 & 146 in the amount of $77,697.42 & $50,172.49
D. Acknowledge Treasurer’s School Board Payroll/AP Warrant #26 & 12B in the amount of $130,144.49 & $45,433.05, respectively
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to approve and acknowledge Treasurer’s Warrants A – D totaling $488,296.33. The vote was unanimous in favor, 5-0.
X. Executive Session
A. Pursuant to 1 MRSA §405(6)A to discuss an employee’s continued unpaid leave
MOTION: At 7:00 p.m., Selectman Mooers moved, seconded by Selectman Macauley, to enter into Executive Session Pursuant to 1 MRSA §405(6)A to discuss an employee’s continued unpaid leave. The vote was unanimous in favor, 5-0.
MOTION: At 7:25 p.m., Selectman Shubert moved, seconded by Selectman Mooers, to exit Executive Session. The vote was unanimous in favor, 5-0.
MOTION: Selectman Shubert moved, seconded by Selectman Macauley to authorize an additional twenty-eight (28) days of unpaid leave for an employee. The vote was unanimous in favor, 5-0.
XI. Adjournment
MOTION: At 7:27 p.m., Selectman Macauley moved, seconded by Selectman Dudman, to adjourn the meeting. The vote was unanimous in favor, 5-0.
Respectfully submitted,
John B. Macauley
Secretary
TOWN OF MOUNT DESERT
SPECIAL OPEN FLOOR TOWN MEETING WARRANT
THURSDAY, JULY 25, 2013
Hancock County § State of Maine
To: James K. Willis, Jr., a Constable in the Town of Mount Desert
Greeting:
In the name of the State of Maine, you are hereby required to notify and warn the Inhabitants of the Town of Mount Desert, qualified by law to vote in Town affairs, to assemble in the Kelley Auditorium of the Mount Desert Elementary School, 8 Joy Road, Northeast Harbor, Maine in said Town, on Thursday, the twenty-fifth day of July AD 2013 at six o’clock in the evening, then and there to act on Article 1; and immediately thereafter to act on Articles numbered 2 through 5; all of said Articles being set out below to wit:
Article 1. To elect a Moderator, by written ballot, to preside at the meeting.
Article 2. To see if non-voters shall be allowed, when recognized, to speak during the July 25, 2013 Special Town Meeting.
Board of Selectmen recommends passage
Warrant Committee recommends passage
Article 3. Shall an ordinance dated July 25, 2013 and entitled “An Amendment to the Town of Mount Desert Land Use Zoning Ordinance to disallow mineral exploration and mineral extraction activities, including quarrying, in all zones” be enacted? Copies of the Amendments are on file with the Town Clerk.
Explanation: By enacting this article the town would prohibit mineral extraction and exploration activities in all zones (this includes quarrying). Existing mineral extraction activities would become grandfathered uses.
Planning Board makes no recommendation
Board of Selectmen recommends passage
Warrant Committee recommends passage
Article 4. If Warrant Article 3 fails, shall an ordinance dated July 25, 2013 and entitled "An amendment to the Town of Mount Desert Land Use Zoning Ordinance to allow quarrying, and to disallow other mineral exploration and mineral extraction" be enacted? Copies of the Amendments are on file with the Town Clerk.
Explanation: By enacting this article the Town would modify the LUZO so that quarrying would become an allowed use. All other types of mineral extraction would be prohibited.
Planning Board recommends passage
Board of Selectmen recommends passage if Article 3 fails
Warrant Committee recommends not to pass
Article 5. Shall an ordinance dated July 25, 2013 and entitled “Town of Mount Desert Quarrying License Ordinance” and an ordinance entitled “An amendment to Section 6B.12 of the Land Use Zoning Ordinance referencing the Mount Desert Quarrying License Ordinance” be enacted? Copies of the Ordinance and LUZO amendments are on file with the Town Clerk.
Explanation: By enacting this article the Town adopts a new ordinance that establishes minimum standards and procedures to regulate quarries (both existing and proposed). Section 6B.12 of the Land Use Zoning Ordinance will be amended to reference the Quarrying Licensing Ordinance.
Planning Board recommends passage
Board of Selectmen recommends passage
Warrant Committee passage
The Registrar of Voters of the Town of Mount Desert hereby gives notice that she or her designee will be at the Municipal Offices, Monday through Friday from 8:30 a.m. to 4:30 p.m., except holidays, until Election Day for the purpose of registering new voters, and correcting names and addresses of voters already on the voting list.
A person who is not registered as a voter may not vote in any election.
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