Town of Mount Desert
Board of Selectmen
Regular Meeting Minutes
February 21, 2012
A meeting of the Board of Selectmen was held this date in the Somesville Fire Station Meeting Room, Somesville, 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, Code Enforcement Officer Kim Keene, Harbormaster Shawn Murphy, Police Chief Jim Willis, 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 Budget 2012 – 2013
A. Public Agencies/3rd Party Requests presentations to Board of Selectmen and Warrant Committee
Chairman Richardson welcomed the agency representatives and announced he would start the process alphabetically by agency name. If a representative is present and wants to address the Board they are requested to keep the discourse to a minimum.
Acadian Little League requests $1,000, the same amount as the last 3 years. No representative present
Aid Society for Otter Creek requests, for the first time, $17,500. Karen Zimmermann, President, was present and explained the mission of the Society. The Society was incorporated in 1901 and this is the first time it has asked the Town for money. The most urgent need is roof repair; there is a leak, which, left unattended will damage the historic lofted, bead board ceiling.
American Red Cross requests $1,098, the same amount as last year. Gretchen O’Grady explained the disaster services provided for anyone displaced by fire or natural disaster; and the Service to the Armed Forces (SAF).
Bar Harbor Food Pantry requests $3,000, an increase from the $500 of previous years. Kate Sebelin, Executive Director, stated the increase reflects the need in Mount Desert; 88 were served. Selectman Shubert asked how General Assistance compares. Town Manager Lunt explained the guidelines to be met are so stringent that few people qualify. He often refers those in need to other entities, such as local churches. Selectman Dudman asked how the number 88 compares to years past and was told 40 families were served in 2011 and 25 in 2007.
Down East Aids Network requests $1,200, the same amount as the past two years.
No representative present.
Downeast Horizons $5,600
Ashley Johnson gave an overview of the services provided for adults and children with developmental disabilities; 18 individuals form the Town of Mount Desert were served in 2011.
Eastern Area on Aging requests $500; the same amount as the past 3 years.
No representative present.
Eastern Maine Homecare dba Hancock County Homecare & Hospice requests $1,200, the same as the past 2 years.
No representative present.
Hospice Volunteers of Hancock County requests $1,000, the same as the past 2 years.
Wayne Gregerson spoke on behalf of the agency and noted the service was used on the average of 6 times a month.
Island Connections requests $2,000, an increase of $500 from the past few years. John Lawrence, Acting Director, explained the request is primarily to cover gas costs for drivers. Services are primarily to the elderly and those with disabilities for rides to medical appointments as far as Bangor/Brewer. Mr. Lawrence put in a plea for volunteer drivers living in Northeast Harbor. Selectman Shubert asked if volunteers provide their own vehicles and gas; Mr. Lawrence replied yes.
Island Explorer – Downeast Transportation requests $14,000, as it has since the inception of the Island Explorer.
No representative present.
Mount Desert Island Historical Society requests $1,500, in increase of $500 from last year. Anne Benson spoke in support of the Digital Island History Project. The proposal is to digitize and display on the internet the entire electronic catalog, plus much more. The funds would provide a work station composed of a monitor, pc and software.
Mount Desert Nursery School requests $1,800, the same as last year.
No representative present.
Mount Desert Chamber of Commerce requests $8,950, a $1,500 increase over the past several years. Matt Hart, President, began by thanking Harbormaster Shawn Murphy and the Marine Management Committee for working with MDCC regarding the new information center. Mr. Hart mentioned the loss of revenue from the showers [now operated by the Town] and explained the additional $1,500 is a one-time supplemental intended for furnishing the new center. Selectman Shubert asked if the membership is assessed fees and was told yes.
Mount Desert Nursing Association requests $23,000, the same as last year. Wanda Fernald, President, noted the request is about 8% of the Association budget. Registered Nurses provide residents with in-home care and act as community health advocates; the goal is to keep people in their homes. Although the majority of patients are elderly, services are available to all ages. No one is denied service; fees are on a sliding scale from $0 to $75.
Neighborhood House requests $88,000, the same as the past several years. Anne-Marie Hart, Executive Director, explained the NH basically serves as the municipal recreation program. They have not asked for an increase in 6 years, although their budget has increased by 20%. Selectman Dudman asked if there has been an increase in the use of the facility since the improvements. Ms. Hart replied with a resounding Yes! They need a revolving door to cope with all the activity; many of which involve uses independent from scheduled NH events.
Northeast Harbor Library requests $20,500, an increase of $500. Brook Minner, the new Director, pointed out that the Library serves as the Town and School library, even though it is an independent entity. The request is 5% of the total budget; of which 75% will go toward programs (all are free) and 25% toward archives, which include some Town items.
Northeast Harbor Village Improvement Society requests, for the first time, $5,000. Rick Savage, President, stated the Society was incorporated in 1898 and chartered in 1958. Its mission is to improve trails in Northeast Harbor, and provide mowing and vista clearing along Harborside, Peabody Drive and Sargeant Drive. During the last few years they have accomplished a major trail re-construction, including the bridge over Hadlock Brook stream at the golf course. The annual budget for just maintenance is $12,000. Selectman Shubert noted a summer resident volunteered to supply pots of flowers downtown; would the Society be interested in maintaining? Mr. Savage explained care of trails and vistas max out its income and manpower. Selectman Dudman commented that she
uses the restored trail often.
Pretty Marsh Community Association requests, for the first time, $5,000.
MJ Penn, Treasurer, was explained the 151 year old schoolhouse, the center of community, is in need of a new propane heater to replace an old woodstove; however, she said, in light of the Aid Society of Otter Creek’s dire need of a new roof, she is willing to withdraw the PMCA request and asks that the funds be directed to the ASOC. A round of applause followed.
Seal Harbor Library requests $4,000, the same as the past several years. Eileen Fahey and Lynn King, co-librarians, were present. Mrs. Fahey noted the Library is open year round with volunteers and a few staff, and serves the entire town, not just Seal Harbor.
Seal Harbor Village Improvement Society requests $30,700, a $4,000 increase over last year. Edie Dunham, President, said the Society was established in 1900 and with only one full-time employee, cares for the beach (the town’s only beach), village green, trails, and other parks; and operates the public bathrooms. She said they struggle to raise $60,000 a year for an annual budget of $100,000. Selectman Shubert asked at what point the Town will have to take over. Ms. Dunham explained at the current rate of withdrawal, their endowment will run out in about 8 years. Selectman Macauley asked what is the annual income from endowment, and she replied $9,000ish.
Somesville Library requests $8,000, an increase from $5,500 previous years.
No representative present.
Somesville Village Improvement Society requests $2,000, the same as last year.
Tom Fernald described their work as vista clearing, Mill Pond flower boxes and the intersection at Rtes 102/198.
Washington Hancock Community Agency requests $791, a reduction from last year. Nancy Burgess explained the Agency requests from each Town, approximately 2% of what is spent in that town, are used as leverage for other programs. Services include providing rides, fuel, food, child and adult care, and home weatherization. Selectman Mooers noted $39,523 was spent in the Town of Mount Desert.
Yesterday’s Children requests $500
No representative present.
Chairman Richardson thanked the attendees and explained the requests would be addressed at a later meeting.
III Minutes
A. Approval of minutes from February 6, 2012 meeting.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to approve the minutes from February 6, 2012 as presented. The vote was in favor, 4 – 0 – 1; Selectman Dudman abstained because she was not present for the meeting.
IV Appointments & Recognitions
A. Appointment of Kathryn A. Mahar as Treasurer effective April 2, 2012 at a weekly salary of $1,131
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to appoint Kathryn A. Mahar as Treasurer effective April 2, 2012 at a weekly salary of $1,131. The vote was unanimous in favor, 5 – 0.
B. Appointment of Wyman Tapley as part-time Police Officer effective February 22, 2012, at an hourly payrate of $15
MOTION: Selectman Macauley moved, seconded by Selectman Mooers, to appoint Wyman Tapley as part-time Police Officer effective February 22, 2012, at an hourly payrate of $15. The vote was unanimous in favor, 5 – 0.
C. Thank you to Police Department and Fire Department from Mount Desert Chamber of Commerce for assistance at Christmas Festival
MOTION: Selectman Macauley moved, seconded by Selectman Mooers to acknowledge receipt of the thank you to Police Department and Fire Department from Mount Desert Chamber of Commerce for assistance at Christmas Festival. 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 Head Monthly Reports: Code Enforcement Office, Wastewater Treatment Plant Superintendent, Public Works Director, Fire Chief, Treasurer
B. Marina Improvement Project drawdown
C. Wright Trust v. Town of Mount Desert Consent to Amend Complaint
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to acknowledge receipt of Consent Agenda items A. – C. The vote was unanimous in favor, 5 – 0.
VI Selectmen’s Reports
None presented.
VII Old Business
A. Scenic Vista Ordinance, request from Planning Board
Chairman Richardson asked Ellen Brawley, Chair of Planning Board, why they chose CES, Inc. Mrs. Brawley replied that it is a particular individual they want, not especially CES, Inc. Noel Musson has experience with scenic vista ordinances. Chairman Richardson asked if $20,000 is enough to do the job, and Mrs. Brawley replied that is the amount in the budget. She said they are trying to get input from citizens and organizations in town. Mr. James Clunan, long-time Planning Board member, gave a history lesson. In 2005/06 the development of Acadia Mountain was proposed. Several summer people stifled the project through buying out the developer. Summer people wanted to help improve vistas and gave money to the Town to be used for fine tuning the Land Use Zoning
Ordinance. Some of the money has been used; however, vistas still need to be identified. The Planning Board would like to use rest of the money to pursue this project. Selectman Shubert wondered how you devised an ordinance to protect a vista when someone else’s property could be on the other side of vista. He was told there are guidelines from the State; and Noel Musson knows how to use this information. Mrs. Brawley noted Mr. Musson is a resident of Mount Desert Island and is familiar with this project. Selectman Shubert asked if there is a need for an expert in laws pertaining to this issue, and Mrs. Brawley said they don’t know yet. Code Enforcement Officer Keene commented that Mr. Musson is a professional planner with experience on vistas and views.
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to approve the Planning Board request to use up to $20,000 from budget line Code Enforcement/Committee Board Expense 102-15-503-96. The vote was unanimous in favor, 5-0.
B. Bartlett Island Landing dock lighting
This issue is being re-visited from a prior meeting in which the Board approved a light pole for the pier at Bartlett Landing. Harbormaster Murphy and CEO Keene explained this is a dark-sky issue. MCM Electric is proposing the use of the same type of lighting used at the Seal Harbor and Northeast Harbor docks, which is 250 watt high pressure sodium, approximately 20,000 lumens. Chairman Richardson questioned that the Board of Selectmen has authority to usurp the Land Use Zoning Ordinance. CEO Keene cautioned against setting precedent. Planning Board Chairman Ellen Brawley read from LUZO Section 6A.6.2 Lighting Outdoors Requirements and thought the intent is covered by the spirit of the ordinance. Rick Savage gave an analogy: a few years ago the NEH VIS was called
to task for cutting tops of trees for vista clearing. Standing on the side of the road looking out had a much different view than standing at the base of the trees looking up and seeing that the canopy was retained. Harbormaster Murphy explained that the light will be angled down and the top will be covered. Chairman Richardson asked CEO Keene if she had to approve, and she replied she doesn’t approve lighting. Dianne Miller suggested the town might be liable if someone falls due to lack of light.
MOTION: Selectman Mooers moved, seconded by, Selectman Macauley, to approve 250 watt high pressure sodium lighting, with the light angled down and the top covered, at Bartlett’s Landing. The vote was unanimous in favor, 5-0.
C. Cable Consortium Memorandum of Agreement
Town Manager Lunt reported that the Town of Mount Desert is the only town on the island not a member of the consortium negotiating a contract with Time Warner. Therefore, we have no clout and Time Warner is under no obligation to the town. He hopes to gain leverage by joining the consortium. The town would collect fees, although that cost is passed on to the subscribers. The cost is about $5,000 to be part of the bargaining unit. Chairman Richardson asked if Time Warner services the entire town, and he was told no. However, Town Manager Lunt suggested that being a part of the consortium might result in more coverage.
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to empower Town Manager Lunt to sign the Cable Consortium Memorandum of Agreement and to open a budget line for $5,000 to cover potential legal fees.
DISCUSSION: Chairman Richardson expressed concerns about outlying areas not being serviced. Citizen Deb Reed suggested there are other options such as satellite. Selectman Macauley wondered if there is an exclusivity clause in which we have to deal with Time Warner. Town Manager Lunt replied no, but there is no other company interested. Selectman Shubert restated the important need for town-wide service.
VOTE: The vote was unanimous in favor, 5-0.
VIII New Business
A. Land Use Zoning Ordinance, citizen request for revisions
Douglass “Scamp” Gray, Jr. summarized his letter dated February 14, 2012 and outlined his lengthy problem with applying for Conditional Use Permit through the Planning Board for storage of construction equipment. He is suggesting a LUZO revision as follows: Change the table of uses to allow “storage of a maximum of 5 pieces of construction equipment, 3 heavy vehicles and/or 50 yards of bulk materials” in the Village Commercial zone with a conditional use permit. He is asking the Board to put this before the voters at a town meeting.
Chairman Richardson stated he has concerns with the request; it could constitute spot zoning which is illegal. Although he appreciates the situation, he is not comfortable bringing it before the voters. Mr. Gray thought the CEO had mentioned that others had made similar requests for other parts of town. It is not his intent to have a construction company. Chairman Richardson addressed Planning Board members present asking if his concern about spot zoning is legitimate. Planning Board Chairman Brawley said yes. And she doesn’t think the Board of Selectmen has the authority to present a LUZO change to the voters that hasn’t gone through the Planning Board. CEO Keene inserted that if such a change was proposed, the proper notification hasn’t been
done. The issue needs more research to make it right, such as definitions; and it will take time.
Selectman Shubert asserted that Mr. Gray has a valuable piece of property on which he cannot run his business. Chairman Richardson emphasized that although there will be a warrant article presented to the voters in May proposing the Board of Selectmen may accept proposed amendments by petition, at this time the Board of Selectmen does not have authority to address this issue that is specific to the LUZO. He clarified that the Board of Selectmen can accept requests for proposed changes to other ordinances.
Mr. Gray said he was led to believe by Town Clerk Nolan that his options were to bring to his issue to the Board of Selectmen in letter form or through a citizen’s petition. Town Clerk Nolan conceded there might have been an misunderstanding.
Board agreed there was no action to take at this time.
B. South Shore Road proposed sidewalk, letter from concerned citizens
Public Works Director Smith reported he is still working on this ongoing issue with the concerned citizens.
C. Southerly, LLC Utility Location Permit Application
After a brief discussion,
MOTION: Selectman Mooers moved, seconded by, Selectman Macauley, to grant the Utility Location Permit to Southerly LLC at 127 Cooksey Drive, Seal Harbor. The vote was unanimous in favor, 5-0.
D. Cell Tower construction moratorium, proposal from Planning Board
Planning Board Chairman Ellen Brawley clarified that the Planning Board is not proposing a moratorium; rather it is supporting the idea of working with Acadia National Park. PB member Jim Clunan stated the Town already did a moratorium which resulted in good language added to the LUZO. Chairman Brawley explained the PB was expecting a citizen’s petition for a moratorium; since there is no petition, this is a moot point. Chairman Richardson recalled there previously was a moratorium and wondered if that precludes having another. Board directed Town Manager Lunt to determine the effect of a prior moratorium and to find out where ANP stands in allowing cell towers on park land.
E. Lighthouse Inn & Restaurant Liquor License renewal
Town Manager Lunt noted he checked with Merchant Needham Insurance and the Certificate of Liability Insurance (re the municipal owned parking area at 12 Maine Street, Seal Harbor) has been applied for.
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to approve the Lighthouse Inn & Restaurant liquor license renewal. The vote was unanimous in favor, 5-0.
F. Crash Reports Service Agreement
Police Chief Willis summarized from his memo date February 9, 2012. Using the GetCrashREports.com service would save time and money, and offer a convenience to our citizens. He has checked with other agencies in Maine utilizing the service and had positive feedback.
MOTION: Selectman Shubert moved, seconded by Selectman Mooers, to authorize Police Chief to enter into an agreement with GetCrashReports.Com with a $10.00 fee returned to the Town and 50 cents for each report given to the Maine Chiefs Association. The vote was unanimous in favor, 5-0.
G. Budget Review 2012 – 2013, revenues
Town Manager Lunt described the process to reading tea leaves. He based the figures on past estimates and tried to predict future trends. He attempted to be conservative.
H. Such other business as may be legally conducted
None presented.
IX Committee Meeting Reports
A. Revitalization Committee update
Town Manager Lunt noted the proposed date for the Technical Assistance Panels (TAP) is the week-end of June 3, 2012, and he recommends Selectman Dudman as Board liaison. Chairman Richardson had questions about the report, specifically the amount of money the Town is obligated to. Town Manager Lunt explained the Summer Residents Association will cover the additional costs.
B. Safety Committee minutes from January 19, 2012
Board acknowledged receipt of the Safety Committee minutes from Janury 19, 2012.
C. Marine Management Committee minutes from December 13, 2011
Board acknowledged receipt of the Marine Management Committee minutes from December 13, 2011.
X Treasurer’s Warrants
A. Approve Treasurer’s Warrant #102 in the amount of $1,147,301.10
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to approve Treasurer’s Warrant #102 in the amount of $1,147,301.10. The vote was unanimous in favor, 5 – 0.
Rick Savage asked to address the cell tower issue. He said he is nervous about the Board relying on a response from ANP without setting a time certain. He feels it is important that someone hold their feet to the fire, and that there is a timeline. There are many people in town that would like to have cell service. The best way is in conjunction with ANP; however, government efficiency can drag out. He would like the Town to be pro-active. Chairman Richardson agreed. Selectman Dudman suggested Town Manager Lunt have a conversation with ANP; he replied the topic is on the next League of Towns agenda.
XI Executive Session
A. None
XII Adjournment
MOTION: At 8:30 p.m., Selectman Macauley moved, seconded by Selectman Mooers, to adjourn. The vote was unanimous in favor, 5-0.
Respectfully submitted,
John Macauley
Secretary
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