Town of Mount Desert
Board of Selectmen
Regular Meeting
Monday, March 19, 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, and Dennis Shubert; staff members Town Manager Durlin Lunt, Public Works Director Tony Smith, Police Chief Jim Willis, Harbormaster Shawn Murphy, Town Clerk/Recording Secretary Joelle Nolan; special guest Nolan Murphy from Boy Scout Troop #98; 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.
MOTION: Selectman Shubert moved, seconded by Selectman Dudman to take the following agenda items out of order, in the following sequence: VII A & B; III A & B; IV A; V A-C; and VI. The vote was unanimous in favor, 3-0.
VII Old Business
A. Warrant Article regarding Sale of Food & Merchandise Ordinance
Board reviewed the amended ordinance, as approved by the Warrant Committee on March 13th and agreed it read as they intended.
Article 7. Shall an ordinance entitled “Sale of Food and Merchandise Ordinance of the Town of Mount Desert” be enacted?
MOTION: Selectman Dudman moved, seconded by Selectman Shubert to recommend passage of so called Article 7 as presented. The vote was unanimous in favor, 3-0.
B. Warrant Article regarding use of Sidewalk Bond money
Board reviewed the wording as approved by the Warrant Committee on March 13th and agreed it read as they intended.
Article 26. To see if the Inhabitants of the Town of Mount Desert will vote to authorize the Board of Selectmen to use a sum not to exceed $140,000 from the 2011 Sidewalk Construction Bond (GL# 10-11320-26) for the purpose of replacing the previously approved reconstruction of 2,000 feet of sidewalk on the eastside of State Route 102 (in Somesville), with the construction of 2,000 feet of paved shoulder, and constructing an additional 3,000 feet of paved shoulder for a total of 5,000 feet; and to authorize the Board of Selectmen to enter into an agreement with the Maine State Department of transportation to accomplish said purpose.
MOTION: Selectman Shubert moved, seconded by Selectman Dudman to recommend passage of so called Article 26 as presented. The vote was unanimous in favor, 3-0.
III Minutes
A. Approval of minutes from March 5, 2012 meeting.
MOTION: Selectman Dudman moved, seconded by Selectman Shubert, to approve the minutes from the March 5, 2012 meeting as amended. The vote was unanimous in favor, 3-0.
B. Approval of minutes from March 12, 2012 meeting.
MOTION: Selectman Dudman moved, seconded by Selectman Shubert, to postpone approval of the minutes from the March 12, 2012 meeting. The vote was unanimous in favor, 3-0.
IV Appointments & Recognitions
A. Appoint Lori A. Bartlett as Part-time Dispatcher at an hourly payrate of $13.25
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to appoint Lori A. Bartlett as Part-time Dispatcher at an hourly payrate of $13.25. The vote was unanimous in favor, 3-0.
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 Plant, Public Works, Fire, Treasurer
B. League of Towns Minutes February 28, 2012
C. FEMA notification of Hancock County coastline engineering analysis updates
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to acknowledge receipt of Consent Agenda items A- C. The vote was unanimous in favor, 3-0.
VI Selectmen’s Reports
None presented.
II Public Hearing(s) 6:45 p.m.
A. Proposed Warrant Articles for the Appropriation of Funds, Ordinances, and Ordinance Amendments
Chairman Richardson opened the Public Hearing at 6:45 p.m. and asked for public comment. Hearing none, he closed the Public Hearing at 6:46 p.m.
VIII New Business
A. Northeast Harbor Sailing School request to use Village Green
July19 & 20, 2012 for Northeast Junior Olympic Sailing Festival
Ms. Lauren Simmons was in attendance and further explained her request, as presented in her letter dated January 23, 2012. Parking seems to be the biggest issue, along with the change in the Village Green area. She noted they will erect a 20 ft x 30 ft tent. Police Chief Willis agreed that parking does need attention; however, he believes if the Sailing School works with the Police Department any issues can be worked out. Usually with an event such as this an officer is hired to assist with parking. Short term parking will be the challenge. Ms. Simmons reported that Morris Yacht Yard has offered parking in their yard. Harbormaster Murphy said he has consulted with Ms. Simmons and he thinks it will work; they discussed several ideas for alternative parking. Selectman Shubert requested that
visitors to the event that may be staying out of town be encouraged to use Island Explorer.
MOTION: Selectman Dudman moved, seconded by Selectman Shubert, to approve use of the Village Green by the Northeast Harbor Sailing School July 19 & 20, 2012, upon approval of a parking plan by Police Chief Willis. The vote was unanimous in favor, 3-0.
B. Approve Malt, Spirituous & Vinous Liquor License renewal for Winter Spring Inc. d/b/a Colonel’s Restaurant
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to approve the Malt, Spirituous & Vinous Liquor License renewal application for Winter Spring Inc. d/b/a Colonel’s Restaurant. The vote was unanimous in favor, 3-0.
C. Approve Malt & Vinous Liquor License renewal for Journeys End Inc. d/b/a The Docksider
MOTION: Selectman Dudman moved, seconded by Selectman Shubert, to approve Malt & Vinous Liquor License renewal application for Journeys End Inc. d/b/a The Docksider. The vote was unanimous in favor, 3-0.
D. Sidewalk Plow/Tractor, request from Public Works Director Smith for reconsideration
Public Works Director Smith reiterated the problems with the new sidewalk plow as stated in his memo dated March 15, 2012. He requested that the Board authorize him to contact Viking Cives to begin the process of returning the sidewalk plow/tractor to them for a full refund, and to be absolved of contractual arrangements. He also requested authorization to contact the second lowest bidder, H.P. Fairfield, and discuss leasing a sidewalk plow/tractor from them.
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to authorize Public Works Director Smith to negotiate with Viking Cives to return the defective sidewalk plow/tractor for a full refund, and to be released from any contractual arrangements; and further to explore options with the second lowest bidder, H.P. Fairfield, to lease a sidewalk plow/tractor from them. The vote was unanimous in favor, 3-0.
E. Annual Report Dedication, discussion
Board agreed to include dedications to former town employee Karl Richard, former Selectman Sumner Rulon-Miller, former Planning Board member Robert Ho, and former Investment Committee member Dennis Carr. Katrina Carter suggested contacting the families prior to the inclusions.
MOTION: Selectman Shubert moved, seconded by Selectman Dudman to dedicate the 2011 Annual Town Report to former town employee Karl Richard, former Selectman Sumner Rulon-Miller, former Planning Board member Robert Ho, and former Investment Committee member Dennis Carr, with pictures. The vote was unanimous in favor, 3-0.
After a brief discussion, including villages and staff photos, Board agreed to have the report cover picture be of the Northeast Harbor Marina project. Selectman Shubert thought the picture should include equipment and buildings.
MOTION: Selectman Shubert moved, seconded by Selectman Dudman to have the 2011 Annual Town Report cover picture be of the Northeast Harbor Marina project. The vote was unanimous, 3-0.
F. Acadia Stand Up Paddleboarding LLC request for use of north end of Long Pond
Town Manager Lunt referred to the memo from Code Enforcement Keene in which she explained the proposed use described in Mr. Strout’s request would suggest the use is commercial “Recreational: Outdoor Recreation” [from the town’s Land Use Zoning Ordinance] and is not permitted in the Resource Protection zone. Board directed Town Manager Lunt to write a letter to Mr. Strout explaining the Board cannot permit his request.
G. Such other business as may be legally conducted
None presented.
IX Committee Meeting Reports
A. Shellfish Conservation Committee Minutes December 8, 2011
MOTION: Selectman Dudman moved, seconded by Selectman Shubert, to acknowledge receipt of the Shellfish Conservation Committee minutes from December 8, 2011. The vote was unanimous in favor, 3-0.
X Treasurer’s Warrants
A. Approve Treasurer’s Warrant #114 in the amount of $639,857.44
MOTION: Selectman Shubert moved, seconded by Selectman Dudman to approve Treasurer’s Warrant #114 in the amount of $639,857.44. The vote was unanimous in favor, 3-0.
XI Executive Session
A. None
XII Adjournment
MOTION: Selectman Shubert moved, seconded by Selectman Dudman to adjourn the meeting at 7:05 p.m. The vote was unanimous in favor, 3-0.
Respectfully submitted,
John B. Macauley
Secretary
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