Town of Mount Desert
Board of Selectmen
Regular Meeting Minutes
January 17, 2012
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, Rick Mooers, and Dennis Shubert; staff members Town Manager Durlin Lunt, Treasurer John Graves, Police Chief Jim Willis, Public Works Director Tony Smith, Harbormaster Shawn Murphy, Assessor Kyle Avila, and Town Clerk/Recording Secretary Joelle Nolan; and members of the public. Selectman Macauley was 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 January 3, 2012 meeting.
MOTION: Selectman Shubert moved, seconded by Selectman Mooers, to approve the minutes from January 3, 2012 as presented. The vote was unanimous in favor, 4-0.
IV Appointments & Recognitions
A. Shellfish Wardens annual nomination to Department of Marine Resources
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to nominate Shawn Murphy, John Lemoine, and Kevin Edgecomb as Town of Mount Desert Shellfish Wardens to the Department of Marine Resources. The vote was unanimous in favor, 4-0.
B. Appoint Lilian Andrews as a Planning Board alternate member from January 18, 2012 to May 31, 2013
MOTION: Selectman Shubert moved, seconded by Selectman Mooers, to appoint Lilian Andrews as a Planning Board alternate member from January 18, 2012 to May 31, 2013. The vote was unanimous in favor, -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 Head Monthly Reports: Public Works Director, Wastewater Treatment Plants Superintendent, Police Chief, and Treasurer
B. Public Works Director’s schedule for Tremont and Southwest Harbor Board of Selectmen meetings regarding proposed Somesville turn lane
C. Schedule for Proposed Building Addition and Sidewalk Reconstruction Projects
D. Summary of Annual Health & Safety Training
E. Marina Surplus through December 2011
Selectman Shubert requested to discuss item B, and asked for guidance from Public Works Director Smith. He expressed his disappointment in a recent editorial in one of the local papers. The editorial did not bring any light to the issue. The right turn lane is rational, but is it worth the value to our citizens. Selectman Dudman stated our intent was to invite participation, not demand. Selectman Shubert wondered if the state would do a study to determine the traffic back-up issue, and Public Works Director Smith thought probably not. He noted his meetings with the other Towns have been rescheduled for this week; these meetings are a good example of collaboration efforts.
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to acknowledge receipt of Consent Agenda item B. The vote was unanimous in
favor, 4-0.
MOTION: Selectman Dudman moved, seconded by Selectman Mooers, to acknowledge receipt of Consent Agenda items A, C, D, & E. The vote was unanimous in favor, 4-0.
VI Selectmen’s Reports
Selectman Mooers reported that a constituent contacted him regarding lack of service to Time Warner cable. The resident said he was told that the contract required a minimum of 20 people on the line. Town Manager Lunt agreed it is a density issue; however the Town does not have an agreement or franchise with Time Warner. The consortium agreement renewal is due this year and he is attending the meetings in hopes of negotiating a deal which would include franchise dollars. Without an agreement the Town could have 50 people on a line and it’s still up to Time Warner. Selectman Shubert asked if anyone has provided an analysis for what numbers are needed; Town Manager Lunt said he will try to find out.
VII Old Business
A. Consumer Fireworks Ordinance proposed for 2012-2013 Warrant, Annual Town Meeting May 7 & 8, 2012
Police Chief Willis reiterated that he and Attorney James Collier worked on the revision. Also he requested an opinion from the District Attorney and has incorporated those suggestions. This essentially recreates what the law was before the change.
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to place the Consumer Fireworks Ordinance as presented on the May 7 & 8, 2012 Annual Town Meeting Warrant. The vote was unanimous in favor, 4-0.
B. Rural Wastewater Treatment Support Ordinance proposed changes for 2012-2013 Warrant, Annual Town Meeting May 7 & 8, 2012
Chairman Richardson clarified that it is only Section 6 that is being removed. Citizen Ted Bromage asked what stimulated the change. Chairman Richardson explained there have been requests from citizens who missed getting the Rural Wastewater Support Program check; some were due to the time frame of tax payments. There have been issues with the December 1 due date. The Board’s consensus is that if a taxpayer didn’t have his taxes paid, he is still due his check. Town Manager Lunt said that the list of check recipients was more complete this year and only one name needed a correction. Selectman Dudman noted people that appealed, received their money, regardless.
Citizen Patrick Smallidge [a RWWB check recipient and a former Selectman] asked what the intent is for the change. With the change, would a potential recipient receive a check if he pays his taxes late, and even if the property goes to lien? He believes there are potential problems unless the check is tied to property taxes. Chairman Richardson agreed there needs to be further review. Ted Bromage said he was a member of the Committee of fourteen people charged with developing the RWWT ordinance. They worked very hard and long and successfully. The purpose of the ordinance and check is to provide a means of wastewater system maintenance; it is not a refund check. Personal responsibility for one’s system maintenance is important; excusing is not good.
To further his point, he gave the example of mooring fees. There is a fine and eventual loss of the mooring if the fee is not paid by a certain date.
Citizen Jim Robinson, also a member of the Committee, explained that the idea of providing a subsidy settled well with people who had septic tanks, and not so well with those on the sewer system. They thought it was not a good idea to give money to people who don’t pay their taxes. There were also concerns amongst people on the sewer system that others won’t live up to the system maintenance. Mr. Robinson reminded the Board that the creation of this ordinance was a very sensitive issue; there was a great deal of public discussion. It was important to people at the time. He wondered if the Board is trying to fix something that doesn’t need to be fixed. The Town Office seems to be dealing with the problems; and the ordinance provides for an
appeal.
Selectman Mooers said given that the ordinance was designed for equity between users [Town sewer system] and non-users, if non-users don’t pay their property taxes and lose the RWWB check, what happens to the user? Not the same penalty.
Patrick Smallidge explained that the legality of the program hinges on the check not being a rebate, it is a grant. Every single word of the ordinance was carefully reviewed and written with much time given to this very issue. He urged the Board to use great caution in making any changes. “Grant” is the key word. The legality hinges on “grant”; this is not a rebate. He went on to say that the ordinance was reviewed by attorneys no less than six times; and was compared against many other towns with similar programs. Changing one part could endanger the program.
Selectman Dudman asked Town Manager Lunt his thoughts. He replied that the program was certainly less of a problem this year; the notification issue was corrected. Nor does he see this as a huge administration issue. Chairman Richardson suggested that from a legal stand point the ordinance needs to remain as is. Former Committee members agreed.
Chairman Richardson thanked all for the information. Board members agreed to not make any changes to the ordinance.
VIII New Business
A. Assessed Valuation Adjustments
Assessor Avila described his memo dated January 12, 2012 as a heads up to his upcoming work on interim adjustments to assessments. Board discussed the disparity in vacant land. Vacant land has not appreciated and is not selling. Selectman Shubert asked how waterfront is defined, specifically if the property is across the street. Assessor Avila said properties across the street are not considered waterfront. He is still formulating a plan for waterfront and deep water ocean front.
B. Mooring Rentals in Northeast Harbor, recommendation from Marine Management Committee regarding contract services
Harbormaster Murphy explained it is the recommendation of the Marine Management Committee to integrate the mooring rental service into the Marina operations along with the launch service. Financially it makes sense for the Town to benefit from the revenue from these services. Even with the hiring of two additional launch operators, the additional revenue last year would have been $17,000.
Harbormaster Murphy asserted that the current mooring rental agents have done an awesome job and no one wants to take away from their good job; they have set a standard that the Marina has to continue. MMC member Ted Bromage commented that combining the launch service and the mooring rental agent saves two boats from running around the harbor; and it promotes the picture of an improved facility enticing more visitors. Selectman Mooers asked if the estimated $10,000 is for both launch operators, and Harbormaster Murphy replied, yes. When asked if these employees would receive benefits, the reply was no, they are considered part-time and do not receive the benefits that full-time employees receive.
MOTION: Selectman Shubert moved, seconded by Selectman Mooers, to adopt the recommendations of the Marine Management Committee to combine the mooring rental agent with the launch operations and hire two additional launch operators. The vote was unanimous in favor, 4-0.
Selectman Mooers expressed his thanks to the mooring agents for a high quality, good job. All Board members joined in with their thanks.
C. Energy Audits proposal for several Town owned buildings
Selectman Shubert, referring to Public Works Director Smith’s memo dated January 11, 2012 and Lanpher Associates proposal, stated the key question is what is likely to change and is the expense worth it. Some things we know need attention; could we recoup the cost of the audit. Public Works Director Smith thought maybe. Chairman Richardson asked if changes to light bulbs, insulation, windows, and doors were being considered and Public Works Director Smith replied yes. He said, for example, some of the big fire station doors might not be insulated. He also suggested that he and Fire Chief Bender could do some of the work, including using thermal cameras to determine heat loss. Other considerations are air and infiltration for maximum benefit, lock boxes on
thermostats, and programmable thermostats. Chairman Richardson suggested an in-house audit be done first. Board agreed.
D. Northeast Harbor Marina Project: Relocation of Marina Dumpsters
Public Works Director Smith suggested the Board take his recommendations as stated in his memo dated January 11, 2012. Phil Lichtenstein, Warrant Committee member and former Chair of the Solid Waste/Recycling Committee, commented that after all the Town has done to improve waste collection (twice-a-week collection in the summer, an extra 2000 pounds of trash allowed free at the SWH transfer station, spring cleanup, household hazardous waste collection, etc.), yet we leave a dumpster for trash available to those who don’t live here. Over the years, the three dumpsters have grown from two small barrels that were originally put in place for the yachtsmen.
There is a question as to whether or not the cost for the change will come out of the Marina Project contingency.
Police Chief Willis reported he has been working with Cranberry Isles to swap parking spots, which means the Town gives up some revenue producing spaces (the $10 paid parking). As yet, he has not heard back from them.
Selectman Shubert asked if the dumpsters are necessary to the boaters, and Harbormaster Murphy replied no, they only need one dumpster. Chairman Richardson wondered if there is a compelling reason to keep the dumpsters; they are an attraction for people from elsewhere to bring in their garbage. Selectman Dudman suggested using a smaller dumpster, and Harbormaster Murphy said that is what will be used at the marina for boaters only.
Citizen Jim Robinson stated as someone who uses the dumpsters legitimately, there are times when they are needed to get trash out of summer homes. Chairman Richardson suggested caretakers can take trash, for free, to the Southwest Harbor transfer station. Mr. Robinson proposed enforcing the existing rules and ticket offenders. The dumpsters provide a service. Public Works Director Smith queried which rules do we abide by – the dumpsters constitute a non-permitted transfer station. Mr. Lichtenstein said as a caretaker for a summer family, he deals with excess trash by renting a dumpster from a local contractor and he uses the SWH transfer station.
MOTION: Selectman Shubert moved, seconded by Selectman Mooers, to permanently remove the dumpsters from the marina area.
DISCUSSION: Selectman Dudman appreciates Public Works Director Smith’s suggestions, but thinks it is too bad to have dumpsters near a picnic area. Selectman Shubert said he very much enjoys the use of the dumpster on Seal Harbor dock. Mr. Robinson wondered about the Board making a decision to remove the dumpsters without public notification. Chairman Richardson said he believes the Board has the right to make such decisions. This is a non-permitted issue. Public Works Director Smith said the highway garage has been considered as a place for the dumpsters; however, there is lack of room in an already congested area. Selectman Mooers thought it might be worthwhile to vote to not relocate the dumpsters; they will meet their demise anyway. Chairman Richardson
said the Board could vote to not move the dumpsters, then have an agenda item for public discussion. Selectman Shubert asserted he stands on his motion.
VOTE: The vote was unanimous in favor, 4-0.
Selectman Shubert pointed out the Board is hearing that the way we collect trash does not meet the needs; maybe it would worthwhile to be open minded to meet other needs? Chairman Richardson affirmed the Board will never meet everyone’s expectations. We already collect trash twice a week in the summer.
Police Chief Willis asked if he should continue with the Cranberry Isles deal since the timing is important. Chairman Richardson told him there was no need to continue the negotiations.
E. 2012-2013 Budget reviews: General Administration, Debt, Marina
Chairman Richardson asked Board members if they needed both formats of the budget – Initial and Custom. Members agreed the Custom gives the most information. On behalf of the Warrant Committee Phil Lichtenstein said for consistency sake, they would need only the Custom format as well.
Chairman Richardson started with General Government and noted a significant decrease in line 509-50 Contingency Fund to $10,000. Town Manager Lunt said he tried to come up with reasonable figures based on past expenses. It was noted that General Government salary increases range from 1 – 2.5%. Chairman Richardson asked if the Board proposes the new software system, does it have go to Town Meeting, or can the Board approve, and Town Manager Lunt replied he thought the Board could approve the expenditure.
Continued review of the budget showed Management up 38% +/-; Town Clerk up less than 1%; Finance down 15%; and Assessment down 9%. Line 102-15-503-96 in the CEO’s budget was questioned. Is the $45,000 budgeted or a carryover?
Town Manager Lunt said his next step is to show the general public how the new software system will benefit them.
For the Marina budget, Town Manager Lunt reported that allocated expenses were redefined to provide a more accurate number which is a more reasonable explanation of legitimate expenses. We shouldn’t be taking $100,000 if that is not the cost.
Chairman Richardson gave a brief history of the marina budget before the change to an Enterprise Fund. The marina made money and each year the Board determined what to keep offsetting taxes. When the change was made to an Enterprise Fund, it was decided to retain $100,000 to offset expenses. Chairman Richardson sees no problem with charging what they actually use. If the Town no longer has this revenue, it has to be replaced from somewhere. Selectman Dudman asked if the money that comes to town is only for services rendered, and the reply was yes. Selectman Shubert endorses clarity and accountability; people need to know what it costs to run the marina.
Regarding Debt, sidewalks bond of $150,000 (10 year bond plus interest) will be added. The Marina bond is $110,000 in principle each year (plus interest). There was a discussion of existing bonds in general.
Selectman Dudman told the Board she will be out of town form January 27th through February 9th.
F. Such other business as may be legally conducted
None presented.
IX Committee Meeting Reports
A. Warrant Committee Meeting January 4, 2012
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to acknowledge receipt the Warrant Committee Meeting Minutes from January 4, 2012. The vote was unanimous in favor, 4-0.
X Treasurer’s Warrants
A. Approve Treasurer’s Warrant #90 in the amount of $715,670.88
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to approve Treasurer’s Warrant #90 in the amount of $715,670.88.
DISCUSSION: Selectman Mooers inquired about the Brown’s River Bindery expenditure in the amount of $3,100 for Selectmen’s Minutes. Town Clerk Nolan explained there were 10 volumes covering the years of 2004 to 2008; and along with Selectmen’s Minutes, Annual Town Meeting Minutes, Reports, and Warrants are also bound.
VOTE: The vote was unanimous in favor, 4-0.
XI Executive Session
A. None
XII Adjournment
MOTION: At 8:45 p.m., Selectman Dudman moved, seconded by Selectman Shubert, to adjourn. The vote was unanimous in favor, 4-0.
Respectfully submitted,
John Macauley
Secretary
| 
