Town of Mount Desert
Board of Selectmen
Meeting Minutes
September 4, 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 Rick Mooers and Dennis Shubert; staff members Town Manager Durlin Lunt, Police Chief Jim Willis, Treasurer Kathi Mahar, Code Enforcement Officer Kim Keene, Harbormaster Shawn Murphy, Public Works Director Tony Smith, and Town Clerk/Recording Secretary Joelle Nolan; and members of the public. Selectmen Martha Dudman and John Macauley were excused.
I Call to order at 6:30 p.m.
Chairman Richardson called the meeting order at 6:30 p.m.
II Public Hearing(s)
A. None
III Minutes
A. Approval of minutes from August 20, 2012 meeting.
MOTION: Selectman Shubert moved, seconded by Selectman Mooers, to approve the minutes from August 20, 2012 as presented. The vote was unanimous in favor, 3-0.
MOTION: Selectman Shubert moved, seconded by Selectman Mooers, to take agenda item VIII New Business C out of order. The vote was unanimous in favor, 3-0.
VIII New Business
C. Mount Desert Elementary School AC unit replacement, discussion
Mount Desert Elementary School Principal Scott McFarland was present and asked the Board to consider contributing to the cost of replacing the air conditioning unit in the school’s data room. He suggested, since the RedZone unit is housed in the school’s data room, that the Board might authorize using $800 of the RedZone revenue share toward the air conditioning unit. Principal McFarland went on to explain that he prides himself on developing a tight budget, and the school could really use the help.
Chairman Richardson deferred to Treasurer Mahar who explained that the revenue money received from Redzone was appropriated at Town Meeting to reduce taxes last year and cannot be used for anything else. Town Manager Lunt stated all monies have been received per the contract with Redzone. Chairman Richardson clarified that since we don’t have access to use the revenue from Redzone, the Board must deny the request. Not to say that we might want to look at this issue later on and see what develops - perhaps in the next budget year.
MOTION: Selectman Shubert moved, seconded by Selectman Mooers, to take agenda item VII Old Business A out of order. The vote was unanimous in favor, 3-0.
VII Old Business
A. Draft Moratorium Ordinance Regarding Mineral Extraction
Town Attorney James Collier presented a revised Moratorium Ordinance and explained the minor changes.
He stated it is his opinion that it appears the necessary criteria for a Moratorium is present; it has to be an exigency, emergency, or unanticipated case. Although it could be argued that the Town of Mount Desert Land Use Zoning Ordinance (LUZO) addresses mineral extraction, it is the feeling by many it would be better addressed by the Planning Board rather than by Code Enforcement Officer, who doesn’t hear from the general public. Another reason to take time to review this portion of the LUZO is in Section 6B12.4, which deals with mineral extraction and how it is permitted. The Planning Board is charged with imposing conditions, however it does not state upon what conditions may be imposed. This section is also too vague; specifics need to be set.
Chairman Richardson asked for comments. Planning Board member Jim Clunan asked how the Moratorium Ordinance, if enacted, affects an existing application. Attorney Collier replied it doesn’t go through because of the Effective Date and Retroactivity Clause (as of August 6, 2012) of the Moratorium Ordinance.
MOTION: Selectman Mooers moved, seconded by Selectman Shubert, to accept the revised Moratorium Ordinance submitted by Town Attorney James Collier and move forward with a Special Town Meeting. The vote was unanimous in favor, 3-0.
IV Appointments & Recognitions
A. Appoint Dennis Kiley to the Salary Survey Committee
MOTION: Selectman Mooers moved, seconded by Selectman Shubert, to appoint Dennis Kiley to the Salary Survey Committee effective September 5, 2012. The vote was unanimous in favor, 3-0.
B. Bureau of Highway Safety Thank You to Mount Desert Police Department
MOTION: Selectman Mooers moved, seconded by Selectman Shubert, to acknowledge the Bureau of Highway Safety Thank You to Mount Desert Police Department. 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 Monthly Reports: Public Works
B. Department of Corrections Law Enforcement Facility Classification report for Mount Desert Police Department
C. Contribution Thank You from American Red Cross
D. Contribution Thank You from Aid Society of Otter Creek
E. Hancock County Planning Commission Notice of Community Development Block Grant Program
MOTION: Selectman Shubert moved, seconded by Selectman Mooers, to acknowledge receipt of Consent Agenda Items A - E.
DISCUSSION: Chairman Richardson commented on Public Works Director Smith’s report. It appears the Town will not be subject to any GAT (Guaranteed Annual Tonnage) additional costs; Public Works Director Smith affirmed. Chairman Richardson said it also appears the ADD (Acadia Disposal District) group is pushing for a new on-island solid waste facility. Public Works Director Smith said they are investigating the feasibility. And Chairman Richardson commented on the flooding of the lower portion of the Neighborhood House. Public Works Director Smith said further investigation determined that the problem wasn’t stormwater, it was a town sewer backup that caused the problem. The claim has been re-filed with the Town’s insurer.
VOTE: The vote was unanimous in favor, 3-0.
VI Selectmen’s Reports
None presented.
VII Old Business, continued
B. Special Town Meeting, potential dates
Chairman Richardson noted that the schedule provided in the Board’s packet had only one date as an option. Town Manager Lunt and Town Clerk Nolan explained this was due to many time constraints imposed by a Special Town Meeting. Also, by having a referendum secret ballot vote along with the General/Presidential election the voter turn-out will be greater. Chairman Richardson expressed concerns that by not having an open floor meeting the public may be limited in its chance to be heard. He asked Town Manager Lunt if he had determined that there are monies available for help from a planner [without having to go before the voters]; and he replied he felt money is available. Board discussed the pros and cons of an open floor meeting versus a referendum vote. Public hearings would allow the public to be
heard.
Chairman Richardson asked for comments from the public. Mr. Gerald Shencavitz expressed concerns about the timing. He suggested the Special Town Meeting vote should be held as soon as possible.
MOTION: Selectman Shubert moved, seconded by Selectman Mooers, to hold a referendum vote on November 6, 2012 on the Moratorium Ordinance and to have a public hearing on a Monday night coinciding with a Board of Selectmen meeting. The vote was unanimous in favor, 3-0.
VIII New Business, continued
A. Village Green Special Event Application: Marc L Fink
Mr. Fink was present to answer questions. He explained he has had six years of experience with an art festival in Bar Harbor.
MOTION: Selectman Shubert moved, seconded by Selectman Mooers to grant a Village Green Special Event Permit to Marc L Fink for August 3 – 4, 2013.
DISCUSSION: Chairman Richardson asked Mr. Fink about his plans for amplified sound. Mr. Fink replied that having only art exhibits may or may not be enough to attract an adequate amount of people to make a successful festival. He is considering soft jazz music, but the presence of music is not a deal breaker. Hence the “TBD”. He hopes to work with other organizations to make it a multi-faceted event without blowing it out of proportion. Town Manager Lunt suggested Mr. Fink work with Police Chief Willis to keep the event within acceptable boundaries.
VOTE: The vote was unanimous in favor, 3-0.
B. Beech Hill Road, citizen concerns regarding speeding and signage
Alisha Strater, manager and resident of Beech Hill Farm, was present. She said although the speed limit is 35 at the beginning of Beech Hill Road, cars increase to at least 45 mph by the time they reach the farm. There is a great deal of foot traffic involving Camp Beech Cliff and the farm. She wondered what options are available, such as additional signage and reduced speed limit. Police Chief Willis thanked her for her concerns. He has recently heard other complaints. The process to change the speed limit is complicated and regulated by the Maine Department of Transportation. He suggested that 35 mph is not an unreasonable speed for that area; however, he will strive to add signage. Selectman Mooers asked if MeDOT recognized anywhere in the state agricultural zones, or high impact areas, such
as to cover tractors crossing the road. Chief Willis said some signs are advisory only, which the Town could put in place. “Approaching Agricultural Zone” signs might help. Chairman Richardson suggested working with the Public Works Director; all agreed.
D. Public Works Director request for authorization to use $33,250 from Public Works Road Reserve for paving
MOTION: Selectman Shubert moved, seconded by Selectman Mooers, to authorize Public Works Director Smith to spend up to $33,250 from Public Works Road Reserve Account #G20-24105-73 for additional paving. The vote was unanimous in favor, 3-0.
E. Mount Desert Police Department Community Survey results
Chairman Richardson asked Police Chief Willis what he learned from the survey. Chief Willis replied “people feel safe.” He also discovered there is a desire to know the officers on a personal level; he is striving to find ways for the public to do so, which is helpful to the officers as well as citizens. Many lessons were gleaned from the survey; he plans to meet with staff to review what he gathered. Overall, he is pleased that people feel good living here. Selectman Shubert wondered if one out of ten not feeling safe is reasonable. Chief Willis responded, yes, and referenced feedback from the International Association of Chiefs of Police, which assisted with the survey. He went on to say that now there is a reference point, he will do another survey in a few years. Chief Willis
thanked the Union Church ladies who assisted with collecting surveys, fielding questions, and some data entry to convert handwritten surveys to an electronic format. All agreed it was a successful effort.
F. Such other business as may be legally conducted
None presented.
IX Committee Meeting Reports
A. None
X Treasurer’s Warrants
A. Approve Treasurer’s Warrant #30 in the amount of $547,546.24
MOTION: Selectman Mooers moved, seconded by Selectman Shubert, to approve Treasurer’s Warrant #30 in the amount of $547,546.24. The vote was unanimous in favor, 3-0.
XI Executive Session
A. None
XII Adjournment
MOTION: At 7:27 p.m. Selectman Mooers moved, seconded by Selectman Shubert, to adjourn the meeting. The vote was unanimous in favor, 3-0.
Respectfully submitted,
John B. Macauley
Secretary
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