Town of Mount Desert
Board of Selectmen
Meeting Minutes
July 15, 2013
A meeting of the Board of Selectmen was held this date in the Community Room, Seal Harbor Fire Station, Seal Harbor, Maine.
Those present included: Chairman Tom Richardson; Selectmen Martha Dudman, John Macauley, Rick Mooers, and Dennis Shubert; staff members Town Manager Durlin Lunt, Public Works Director Tony Smith, Ben Jacobs from Public Works, Harbormaster Shawn Murphy, and Town Clerk/Recording Secretary Joelle Nolan; and members of the public
I. Call to order at 6:30 p.m.
II. Public Hearing(s)
A. Special Open Floor Town Meeting July 25, 2013: proposed Amendments to the Land Use Zoning Ordinance and proposed Quarrying License Ordinance
Chairman Richardson opened the Public Hearing at 6:30 p.m. and asked for public comment. Anne Funderburk reinforced the fact that the current LUZO does not contain language regulating quarrying. The Committee has worked to create a tool to enable citizens to work together. Seth Singleton agrees regulation is needed; however, he believes the proposed ordinance does not contain controls on the impact of such things as property values. He would prefer to have the Committee come back with a version that contains a defined set of standards to be met.
Noel Musson acknowledged Mr. Singleton’s comments and agreed the items mentioned are not in the ordinance. One of the objectives was to allow the more specific conditions to remain for the Planning Board to use in permitting. He suggested the proposed Ordinance is a living document that can be modified.
The process for amending the proposed Ordinance was discussed; as was noise (the Town has no noise ordinance) and dust control. Mr. Musson explained many issues were addressed and many models reviewed as the proposed Ordinance was drafted. The final consensus of the Committee was that it did not seem appropriate to have restrictions targeting a specific industry. “Best Practices” were added to address some of the noise issues. Chairman Richardson noted Mr. Musson was hired to look at more than quarrying; he and the Committee will review the entire LUZO eventually. The concept of a noise ordinance will probably be addressed. Town Manager Lunt observed this was a good, thorough process.
Chairman Richardson closed the Public Hearing at 7:00 p.m.
III. Minutes
A. Approval of minutes from July 1, 2013 meeting.
MOTION Selectman Dudman moved, seconded by Selectman Macauley to approve the minutes from July 1, 2013 as presented. The vote was unanimous in favor, 5-0.
IV. Appointments & Recognitions
A. Confirm Appointment of Genya Grover as summer Dock Hand at a pay rate of $11/hr
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to Confirm Appointment of Genya Grover as summer Dock Hand at a pay rate of $11/hr. The vote was unanimous in favor, 5-0.
B. Confirm Appointment of Bruce Carlson as Summer Boat Launch Operator at a pay rate of $13/hr
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to Confirm Appointment of Bruce Carlson as Summer Boat Launch Operator at a pay rate of $13/hr. The vote was unanimous in favor, 5-0.
C. Confirm Appointment of Jacqueline K. Hewett as Economic Development Director Consultant
MOTION: Selectman Dudman moved, seconded by Selectman Macauley, to authorize the Town Manager to enter into an agreement with Jacqueline K. Hewett for Economic Development Consulting Services in a form approved by Town Attorney at a rate not to exceed $60.00 per hour.
DISCUSSION: Town Manager Lunt reported it was a good process. Ms. Hewett has a great background and the ability to work with the Town Manager, Board of Selectmen, Summer Resident’s Association and town people. At Selectman Shubert’s request, Ms. Hewett gave a brief summary of her credentials. Her background is in environmental studies, planning, and management. She has been a planner, as Director of Planning, in the Town of Windham for four years. She has run a consulting practice in land use and development for 15 years. And the last thirteen years she has worked in real estate and development.
VOTE: The vote was unanimous in favor, 5-0.
D. Confirm Appointment of Benjamin Jacobs as Public Works Highway Superintendent Effective July 22, 2013 at a Probationary Salary of $858.66/wk
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to Confirm Appointment of Benjamin Jacobs as Public Works Highway Superintendent Effective July 22, 2013 at a Probationary Salary of $858.66/wk. 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: Public Works, Wastewater Treatment Plants, Treasurer (Financials)
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to accept Consent Agenda item A as presented.
Selectman Shubert asked to discuss an item from the Public Works report. Referring to the Northern Neck Road culvert, he asked what prior action the Town has taken on behalf of private interests and whether or not those actions compel us to do anything in the future. Chairman Richardson determined Northern Neck Road is private, and said he would be interested to see what else could be found that would allow the Town to do something on a private road; it’s a tricky scenario repairing items on private land with public money. Town Manager Lunt noted customs have changed over the years, and it is very unlikely that many records were kept of those types of activities performed. Many were informal agreements with little or no codification. For instance, plowing private roads was a common custom which is not done
any more. Public Works Director Smith referred to his June 2013 Report dated July 5, 2013 and his research as to ownership of the culverts. He is also researching financial records to see if the Town paid Doug Gott to install the culverts. Chairman Richardson commented that former Town Manager Dick Vander Zanden was on point when he stopped the town from plowing private roads. It creates a lot of liability for the Town. If we don’t own it, we don’t fix it. He thought there must be a road association for Northern Neck Road. Selectman Shubert suggested that the Town never imply that it has an obligation until verified. Chairman Richardson said the research may require a legal opinion about what the Town’s obligations are. Public Works Director Smith said he will start with MMA Legal Services. Selectman Mooers thought it prudent to ask the road association to research its records.
VOTE: The vote was unanimous in favor, 5-0.
VI. Selectmen’s Reports
Selectman Macauley reported a resident was wondering what happened to the proposed turning lane at the Somesville traffic light (juncture of Routes 102/198). Discussion recalled the fact that it was determined there was insufficient land, expensive, and other communities were not willing to participate.
VII. Old Business
A. Certification of Proposed Ordinances for July 25, 2013 Special Town Meeting
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to sign the Certifications of Proposed Ordinances for July 25, 2013 Special Town Meeting. The vote was unanimous in favor, 5-0.
B. Consideration of Recommended Change in FY-14 Paving Contractor
MOTION: Selectman Dudman moved, seconded by Selectman Macauley, to withdraw the award of FY-2014 Paving Contract to Wellman Paving.
DISCUSSION: Selectman Shubert stated he takes issue with not requiring Lane to provide a bond while requiring others to do so. He sees this as unfair. Public Works Director Smith explained that Lane has an established track record, and the bid is within the Town’s purchasing policy. Further discussion resulted in the Board requesting Public Works Director Smith to obtain a legal opinion regarding the legality of requiring a bond from one bidder and not another.
Selectman Dudman withdrew her motion and Selectman Macauley withdrew his second to the motion.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to table this agenda item until the Board’s next regular meeting (August 5, 2013). The vote was unanimous in favor, 5-0.
VIII. New Business
A. Request from Mooring Owner Lawrence Reeve to have Mooring Late Fee Abated
Mr. Reeve was present and acknowledged he was a month late paying his mooring fee. He explained he was out of the country and received no mail, email, etc.; and he was unaware of the change in the rules that apply a late fee of $100. The mooring fee is only $55; the late fee doubles that fee. It was pointed out that the window to pay is mid-January to March, then nearly another month as a grace period before the late fee is applied.
Selectman Mooers invoked a point of order and asked if it is appropriate for this Board to hear this particular issue and suggested it belonged with the Marine Management Committee to make the recommendation. Chairman Richardson disagreed, explaining this Board is the only one that can abate. Harbormaster Murphy said he would have gone to the Marine Management Committee first for its recommendation, but it will not be meeting until September. Selectman Shubert asked if doesn’t pay the last fee does he lose his mooring. Harbormaster Murphy explained that he works with people and tries to resolve issues prior to using the revocation process.
MOTION: Selectman Dudman moved, seconded by Selectman Macauley, to award the $100 Mooring Late Fee abatement to Lawrence Reeve. The vote was unanimous to deny, 0-5.
B. Request to Close Town Office for Ken Poors’ Retirement Luncheon
MOTION: Selectman Shubert moved, seconded by Selectman Mooers, to authorize the Town Office closure for approximately 1 and ½ hours on Tuesday, July 23, 2013 to allow employees to attend the retirement luncheon for Ken Poors. The vote was unanimous in favor, 5-0.
C. Routes 3/198 Roadway Improvements
Board reviewed the information presented by Public Works Director Smith in his Memo dated July 11, 2013, including the Municipal Partnership Initiative cost-share program. Town Manager Lunt suggested he find out if the anonymous donor’s offer for a bike path from Route 233 to the village is still on the table.
Chairman Richardson asked what the State’s obligation is to repair a state road, and Public Works Director Smith said snow plowing along with reasonable, safe passage. Route 198 is low on the State’s priority list. Selectman Macauley asked if there are there other instances where we have cost shared with the State and Public Works Director Smith said yes, Pretty Marsh Road. We do the winter maintenance, and the State does the summer maintenance. Board requested Public Works Director Smith to continue his research.
D. Such other business as may be legally conducted
None presented.
IX. Treasurer’s Warrants
A. Approve & Sign Treasurer’s Warrant #AP150 in the amount of $1,603,863.94
B. Approve Signed Treasurer’s State Fee Warrant #AP1401 in the amount of $6,579.03
C. Approve Signed Treasurer’s State Fee and Wage & Benefit Warrant #149 in the amount of $24,827.78
D. Approve Signed Treasurer’s Wage & Benefit Warrant #148,001, & 002 in the amount of $13,372.85, $53,659.13, & $50,257.37 respectively
E. Acknowledge Treasurer’s School Board Payroll Warrant #1 in the amount of $43,797.73
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to approve and acknowledge Treasurer’s Warrants as described in items A – E totaling $1,796,357.83. The vote was unanimous in favor, 5-0.
X. Executive Session
A. None
XI. Adjournment
MOTION: Selectman Dudman At 7:44 p.m., moved, seconded by Selectman Mooers, to adjourn the meeting. The vote was unanimous in favor, 5-0.
Respectfully submitted,
John B. Macauley
Secretary
| 
