Town of Mount Desert
Board of Selectmen
Special Budget/Warrant Meeting Minutes
February 27, 2012
A meeting of the Board of Selectmen was held this date in the Mellon Room, Northeast Harbor Library, 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, Public Works Director Tony Smith, Town Clerk/Recording Secretary Joelle Nolan; and members of the Warrant Committee Katrina Carter and Gordon Beck.
I Call to order at 6:00 p.m.
Chairman Richardson called the meeting to order at 6:00 p.m.
II Old Business
A. Sidewalk Project update
Public Works Director Smith referred to his memo dated February 23, 2012 and the map he produced as a visual aid for the proposed sidewalks. The proposal is for replacing existing sidewalks. From the public meeting held in Somesville, at which 15 people attended, it was concluded that the sidewalk on the easterly side of Rte. 102 is not really needed. Instead, it would be better to replace the sidewalks with new paved shoulder (option 3 in his memo) by working with MDOT under its Municipal Partnership Initiative (MPI).
Selectman Shubert wondered if the Somesville Rte. 102 traffic regularly backed up beyond the right hand turn lane, what the advantage is of the turn lane proposal. Public Works Director Smith thought the turn lane would provide room for 7 or 8 cars and be very helpful.
MOTION: Selectman Dudman moved, seconded by Selectman Shubert, to wait until the next available MDOT budget year of 2014 for possible collaboration with MDOT for the new paved shoulder construction and to delete the sidewalks on the easterly side of Rte. 102. The vote was unanimous in favor, 5-0.
Selectman Shubert wondered if money was left over from the sidewalk project, how it could be used. Town Manager Lunt will find out.
B. Somesville Turn Lane update
Public Works Director Smith referred to his memo dated February 23, 2012 and noted MDOT is pushing for an answer.
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to direct Public Works Director Smith to express to MDOT the Board’s continuing interest in the Rte. 102 right turn lane.
DISCUSSION: Selectman Shubert suggested waiting to see if money is left over from the sidewalk project. Chairman Richardson explained a warrant article must state the amount and what the money will be used for.
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to amend his motion to propose a warrant article for the May 2012 annual town meeting to spend up to, but not to exceed, $75,000 for the Rte. 102 right hand lane turn. The vote on the amendment was unanimous in favor, 5-0. The vote on the amended main motion was unanimous in favor, 5-0.
III New Business
A. Sanitary Sewer Release Deed
MOTION: Selectman Shubert moved, seconded by Selectman Mooers, to approve the proposed Sanitary Sewer Release Deed, as presented, as a warrant article for the May 2012 annual town meeting. The vote was unanimous in favor, 5-0.
B. Review of proposed Ordinances for Annual Town Meeting May 7 & 8, 2012
Sewer Ordinance
Ordinance amendments as presented by Public Works Director Smith in his memo dated February 14, 2012. The issue is above ground private sewer (AGS) lines that cross property and piggyback onto other lines. As the ordinance currently reads, property owners are solely responsible for inspections and repairs of the entire length of AGS lines that cross their property whether or not that property owner is connected to the AGS and even if there are multiple connections to the line upstream. A non-benefitted owner, property owner not connected to AGS crossing his property, could be subject to a great deal of expense for something he doesn’t use. The proposed amendments would relieve the non-benefitted property owner from potential problems. A non-benefitted homeowner would
need to determine who crosses his line. He suggests, if approved, implementing the changes in 2014 to give homeowners time to comply.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to ask Public Works Director Smith to provide proposed amendments to the Sewer Ordinance regarding private aboveground sewer lines for a May 2012 town meeting warrant. The vote was unanimous in favor, 5-0.
Consumer Fireworks Ordinance
MOTION: Selectman Dudman moved, seconded by Selectman Macauley, to add, as presented, an article for the Consumer Fireworks Ordinance to the May 2012 annual town meeting warrant. The vote was unanimous in favor, 5-0.
Building Code amendments
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to add, as presented, an article for the Building Code amendments to the May 2012 annual town meeting warrant. The vote was unanimous in favor, 5-0.
Public Right-of-Way Ordinance amendments
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to add, as presented, an article for the Public Right-of-Way Ordinance amendments to the May 2012 annual town meeting warrant. The vote was unanimous in favor, 5-0.
Sale of Food and Merchandise Ordinance
Chairman Richardson sated the ordinance basically says there cannot be a portable restaurant; the intent is to prevent street vendors. However, he feels the ordinance is not understandable. Board agreed.
MOTION: Selectman Mooers moved, seconded by Selectman Shubert, to add to add, as presented, an article for the Sale of Food and Merchandise Ordinance to the May 2012 annual town meeting warrant. The vote failed 1-4, with all except Selectman Dudman voting against.
Board agreed to revisit this ordinance at its regular meeting March 5th, and requested that CEO Keene and/or Attorney James Collier be present.
Land Use Zoning Ordinance amendments
2.2.7.2 Proposed Amendments [to the LUZO]
Chairman Richardson questioned that this change allows the Board of Selectmen to propose changes to the LUZO. The point was made that the Planning Board has no legal authority to accept a petition.
4.6 Functional Land Divisions
Board agreed the changes are very broad and would like more information from either CEO Keene or the Planning Board.
6B.15.4.5 Directional Signs
Board agreed with the amended wording.
Town Manager Lunt reported that a moratorium on cell towers would be considered new; and, therefore, could be done. It is not retroactive. He will ask ANP tomorrow what the plan is.
Chairman Richardson will talk with Planning Board Chairman Brawley regarding splitting some of the proposed amendments into separate articles.
C. Such other business as may be legally conducted
3rd Party/Other Services requests
Chairman Richardson explained there have been years when new requests were not considered; there have been years when requests were deemed flat. Selectman Shubert said he is interested in the Warrant Committee opinion. Katrina Carter said the Warrant Committee has not addressed 3rd party requests yet; however she does have a personal opinion regarding Island Explorer’s request for $14,000. She wondered why a representative did not attend last week’s meeting and asked what are they doing to become more self-sustaining. Both the communities of Otter Creek and Pretty Marsh are trying to survive, and become more viable. We need to support villages. Chairman Richardson explained the Island Explorer provides free transportation island wide.
The funds requested have not changed since inception. Selectman Dudman stated the service is extremely important to the island. Selectman Mooers supposed, but not necessarily promoted, they could achieve sustainability by having us withdraw our support and institute a fee. Selectman Macauley noted he is Treasurer for the Aid Society of Otter Creek, and he feels if Otter Creek residents were canvassed they probably would support the Island Explorer. Gordon Beck said he thinks the Warrant Committee would look at this as a reasonable amount of money to support our communities. Chairman Richardson pointed out that if the VIS’ did not do what they do, the town would have to.
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to raise $221,000 (4%increase) for Other Services.
DISCUSSION: Selectman Shubert said he would like to discuss why some organizations are on this list. Perhaps some could be deleted or reduced. Selectman Dudman thought she would prefer to consider each on its own merits.
VOTE: The vote failed, 2-3, with Chairman Richardson, Selectman Mooers, and Selectman Dudman voting against.
Chairman Richardson suggested starting at the top of the list and considering each party for discussion.
Acadian Little League $950
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to recommend $950 be included in the May 2012-13 Annual Town Meeting Warrant for the Acadian Little League. The vote was in favor, 4-1 with Selectman Shubert voting against.
Aid Society for Otter Creek $17, 500
Chairman Richardson and Selectman Macauley will not be participating due to their personal involvement with the Society.
MOTION: Selectman Shubert moved, seconded by Selectman Mooers to recommend $15,000 be included in the May 2012-2013 Annual Town Meeting Warrant for the Aid Society for Otter Creek.
DISCUSSION: Selectman Shubert explained his reasoning for recommending the reduced amount is that he would like to see them take on some of the responsibility. Selectman Mooers said he was in favor of adding $5,000 from Pretty Marsh Community Association. Selectman Dudman agreed it was a nice gesture but was their Board consulted? She thought it best to let them decide amongst themselves. Public Works Director Smith asked if, in general, requestors have to document that money received is used for purposed requested. Board and Town Manager Lunt agreed there is none known; the agency just needs to submit a letter requesting funds approved at Town Meeting. VOTE: The vote was in favor, 3-0-2, with Chairman Richardson and Selectman Macauley not
voting.
American Red Cross $1,098
MOTION: Selectman Dudman moved, seconded by Selectman Mooers, to recommend $1,098 be included in the May 2012-2013 Annual Town Meeting Warrant for the American Red Cross. The vote was in favor, 4-1 with Selectman Shubert voting against.
Bar Harbor Food Pantry $3,000
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to recommend $3,000 be included in the May 2012-2013 Annual Town Meeting Warrant for the Bar Harbor Food Pantry.
DISCUSSION: Chairman Richardson suggested $1,500. After a brief discussion, Selectman Shubert withdrew his original motion and Selectman Dudman withdrew her second. Selectman Macauley suggested $2000 and Selectman Dudman agreed. MOTION: Selectman Shubert moved, seconded by Selectman Mooers, to recommend $1,500 be included in the May 2012-2013 Annual Town Meeting Warrant for the Bar Harbor Food Pantry. The vote was in favor 4-1, with Selectman Dudman voting against.
Down East Aids Network $1,200
MOTION: Selectman Mooers moved, seconded by Selectman Macauley to recommend $1,200 be included in the May 2012-2013 Annual Town Meeting Warrant for the Down East Aids Network. The vote was in favor, 4-1 with Selectman Dudman voting against.
Downeast Horizons, Inc. $5,600
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to recommend $5,600 be included in the May 2012-2013 Annual Town Meeting Warrant for the Downeast Horizons, Inc. The vote was in favor, 5-0.
Eastern Agency on Aging $500
MOTION: Selectman Dudman moved, seconded by Selectman Macauley, to recommend $500 be included in the May 2012-2013 Annual Town Meeting Warrant for the Eastern Agency on Aging. The vote was in favor, 5-0.
Eastern Maine Homecare & Hospice dba Hancock County Homecare and Hospice $500
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to recommend $500 be included in the May 2012-2013 Annual Town Meeting Warrant for the Eastern Maine Homecare & Hospice dba Hancock County Homecare and Hospice. The vote was in favor, 3-2 with Chairman Richardson and Selectman Mooers voting against.
Hospice of Hancock County $1,000
MOTION: Selectman Dudman moved, seconded by Selectman Macauley, to recommend $500 be included in the May 2012-2013 Annual Town Meeting Warrant for the Hospice of Hancock County. The vote was in favor, 5-0.
MOTION: Selectman Shubert moved, seconded by Selectman Dudman to revisit Eastern Maine Homecare & Hospice dba Hancock County Homecare and Hospice. The vote was in favor, 4-1 with Selectman Macauley voting against.
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to recommend $1,000 be included in the May 2012-2013 Annual Town Meeting Warrant for the Eastern Maine Homecare & Hospice dba Hancock County Homecare and Hospice. The vote was in favor, 5-0.
Island Connections $2,000
MOTION: Selectman Macauley moved, seconded by Selectman Mooers, to recommend $2,000 be included in the May 2012-2013 Annual Town Meeting Warrant for Island Connections. The vote was in favor, 5-0.
Island Explorer $14,000
MOTION: Selectman Dudman moved, seconded by Selectman Mooers, to recommend $14,000 be included in the May 2012-2013 Annual Town Meeting Warrant for the Island Explorer. The vote was in favor, 5-0.
Mount Desert Island Historical Society $1,500
MOTION: Selectman Dudman moved, seconded by Selectman Mooers, to recommend $1,000 be included in the May 2012-2013 Annual Town Meeting Warrant for the Mount Desert Island Historical Society. The vote was in favor, 5-0.
Mount Desert Masonic Lodge
Town Manager Lunt explained this is to cover the cost of property taxes because the Lodge provides water to the Somesville Fire Station, which would otherwise have no water. The amount each is year is the amount of the property tax.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to recommend $1,250 or the amount of the 2012-2013 taxes, be included in the May 2012-2013 Annual Town Meeting Warrant for the Mount Desert Masonic Lodge. The vote was in favor, 5-0.
Mount Desert Nursery School $1,800
MOTION: Selectman Dudman moved, seconded by Selectman Macauley, to recommend $1,800 be included in the May 2012-2013 Annual Town Meeting Warrant for the Mount Desert Nursery School. The vote was in favor, 5-0.
Mount Desert Chamber of Commerce $8,950
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to recommend $8,950 be included in the May 2012-2013 Annual Town Meeting Warrant for the Mount Desert Chamber of Commerce. The vote was in favor, 5-0.
Mount Desert Nursing Association $23,000
Selectman Dudman said she would abstain because she has acted as a consultant, and may again in the future, for the Association.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to recommend $23,000 be included in the May 2012-2013 Annual Town Meeting Warrant for the Mount Desert Nursing Association. The vote was in favor, 4-0-1, with Selectman Dudman abstaining.
Neighborhood House $88,000
MOTION: Selectman Shubert moved, seconded by Selectman Mooers, to recommend $88,000 be included in the May 2012-2013 Annual Town Meeting Warrant for the Neighborhood House. The vote was in favor, 5-0.
Northeast Harbor Library $20,500
Selectman Dudman she would abstain because she is Chairman of the Board.
MOTION: Selectman Macauley moved, seconded by Selectman Mooers, to recommend $20,500 be included in the May 2012-2013 Annual Town Meeting Warrant for the Northeast Harbor Library. The vote was in favor, 4-0-1, with Selectman Dudman abstaining.
Northeast Harbor VIS $5,000
MOTION: Selectman Macauley moved, seconded by Selectman Dudman, to recommend $5,000 be included in the May 2012-2013 Annual Town Meeting Warrant for the Northeast Harbor VIS. The vote was in favor, 5-0.
Pretty Marsh Community Association $5,000
MOTION: Selectman Shubert moved, seconded by Selectman Mooers, to recommend $3,000, be included in the May 2012-2013 Annual Town Meeting Warrant for the Pretty Marsh Community Association. The vote was in favor, 5-0.
Seal Harbor Library $4,000
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to recommend $4,000 be included in the May 2012-2013 Annual Town Meeting Warrant for the Seal Harbor Library. The vote was in favor, 5-0.
Seal Harbor VIS $30,700
MOTION: Selectman Macauley moved, seconded by Selectman Shubert, to recommend $30,700 be included in the May 2012-2013 Annual Town Meeting Warrant for the Seal Harbor VIS. The vote was in favor, 5-0.
Somesville Library $8,000
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to recommend $8,000 be included in the May 2012-2013 Annual Town Meeting Warrant for the Somesville Library. The vote was in favor, 5-0.
Somesville VIS $2,000
MOTION: Selectman Macauley moved, seconded by Selectman Mooers, to recommend $2,000 be included in the May 2012-2013 Annual Town Meeting Warrant for the Somesville VIS. The vote was in favor, 5-0.
Washington Hancock Community Agency $791
MOTION: Selectman Shubert moved, seconded by Selectman Mooers, to recommend $791 be included in the May 2012-2013 Annual Town Meeting Warrant for the Washington Hancock Community Agency. The vote was in favor, 5-0.
Yesterday’s Children $500
MOTION: Selectman Dudman moved, seconded by Selectman Macauley, to recommend $0 be included in the May 2012-2013 Annual Town Meeting Warrant for Yesterday’s Children. The vote was in favor, 5-0.
Town Manager Lunt said a draft warrant with dollar amounts will be ready for the Boards’ March 5, 2012 meeting.
Board discussed the funding of the addition to the Town Office building. The estimated amount is $665,000. There are several ways to fund, including, but not limited to, the whole amount in the current taxes, bonding with various terms, or borrowing locally. Selectman Dudman wondered about taking from surplus and Chairman Richardson replied that reduces the ability to earn interest income. Selectman Shubert declared he is strongly opposed to a tax rate of more than a 3% increase. Board agreed it needed more detailed information to consider alternate ways to finance the project. Town Manager Lunt will provide for the March 5th meeting.
III Adjournment
MOTION: At 8:47 p.m., Selectman Macauley moved, seconded by Selectman Shubert, to adjourn. The vote was unanimous in favor, 5-0.
Respectfully submitted,
John Macauley,
Secretary
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