Town of Mount Desert
Board of Selectmen
Meeting Minutes
October 1, 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, John Macauley, Rick Mooers and Dennis Shubert; staff members Town Manager Durlin Lunt, Fire Chief Mike Bender, Harbormaster Shawn Murphy, Public Works Director Tony Smith, 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 Public Hearing(s)
A. Road Discontinuance, Former Highway between Land of David Allen and James T. Allen westerly of Whales Back Lane
Attorney Nathaniel Fenton representing Mr. David Allen requested that the public hearing be postponed until the Board’s October 15, 2012. He is unable to attend the October 1, 2012 meeting.
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to postpone the Road Discontinuance public hearing until the Board’s October 15, 2012 meeting. The vote was unanimous in favor, 5-0.
B. Moratorium Ordinance Regarding Mineral Extraction, Secret Ballot Referendum Special Town Meeting November 6, 2012
Chairman Richardson opened the public at 6:32 p.m., explained that the ordinance will be addressed at a secret ballot referendum vote along with the Presidential Election on November 6, 2012, and asked for public comment. Several residents from Hall Quarry were present, and Peter Aylen read his comments which summarized the past couple of years regarding mineral extraction in Hall Quarry, and his support of the moratorium. Selectman Shubert asked if State regulations apply to this situation. Planning Board Chairman Ellen Brawley said she was unsure. Mr. Gerald Shencavitz said he has talked with Mark Stebbins from Portland who monitors 95 quarries in the State, and he agreed there is little the State can do to help. Mr. Shencavitz went on to list several uses that are not permitted in [the town’s Land Use
Zoning Ordinance] R2 District (minimum 2 acre lot). He professed standards and guidelines are needed. Chairman Richardson thought it interesting that uses not allowed were brought forth. The Town is on the cusp of hiring a Planner to assist with proposing amendments to the Land Use Zoning Ordinance. He went on to note some of the highlights from the Urban Land Institute study, such as affordable housing. He also noted in the 1970’s the LUZO was designed to curtail activity. The question becomes development, what do people really want. In response to Selectman Shubert’s comment that when one buys property next to an airport one is aware of the noise, citizens Aylen and Shencavitz spoke about extensive research done prior to purchasing their properties, legal issues with quarrying, and grandfathering in regards to this specific issue. Chairman Richardson closed the public hearing at 6:57 p.m.
III Minutes
A. Approval of minutes from September 17, 2012 meeting.
MOTION: Selectman Dudman moved, seconded by Selectman Shubert, to approve the minutes from September 17, 2012 meeting as amended. The vote was in favor, 3-0-2. Chairman Richardson and Selectman Mooers abstained due to their absence from the meeting.
IV Appointments & Recognitions
A. Superior Award from Maine Municipal Association Municipal Report Competition
Town Manager Lunt gave credit to the front office crew, in particular Jen McWain, for their efforts to produce an Annual Town Report not only recognized by a professional group, but one that our residents appreciate.
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to acknowledge receipt of the Superior Award from Maine Municipal Association Municipal Report Competition for the 2011 Annual Town Report. The vote was unanimous in favor, 5-0.
B. Kudos to Ken Poors, Highway Crew and BCM from DEP
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to acknowledge kudos to Public Works Superintendent Ken Poors, the Highway Crew and BCM Construction from John Cullen/DEP for the extraordinarily good work done on a stream wash-out area in Otter Creek. The vote was in favor, 5-0.
C. Appoint Joelle D. Nolan as Warden for the November 6, 2012 State General/Referendum Election
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to approve the appointment of Joelle D. Nolan as Warden for the November 6, 2012 State General/Referendum Election. 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 Reports: Assessing, Police
B. Maine Municipal Association Dividends from Workers Compensation Fund and Property & Casualty Pool
C. Hancock County Planning Commission Community Development Block Grant Program Description & Workshop Notice
D. Public Works Director Memo re Acadia National Park Erosion between Stanley Brook and Jordan Pond Rd parking lot
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to acknowledge receipt of Consent Agenda Items A – D as presented. The vote was unanimous in favor, 5-0.
VI Selectmen’s Reports
Chairman Richardson made note of a letter to the editor in a recent edition of the Islander newspaper regarding sidewalks and fire pond in Otter Creek. Chief Bender and Public Works Director Smith are working with DEP to fix the fire pond.
VII Old Business
A. Retain Musson Associates as Planning Consultant to Assist Planning Board with Land Use Zoning Ordinance Amendments
Town Manager Lunt explained the interview process conducted by himself, two members of the Planning Board, CEO Keene, and Town Attorney Collier. The group agreed that although both candidates were very good, Musson Associates is the best choice based on background and familiarity with the Town and LUZO.
Mr. Musson was present and when asked how he will proceed, he said he plans to use an advisory group comprised of 5 – 6 people as a sounding board. He would like to have public participation beyond the typical requirements. He noted the basic structure of the LUZO is all right; however, it needs a checkup with diagnostics and prescription. He would be building on a healthy ordinance.
Selectman Mooers asked the projected number of hours involved. Town Manager Lunt said he is hoping to spend no more than 6 -8 thousand dollars for this particular project; there is $25,000 in the budget. He also stated it is his goal to replenish the fund and continue.
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to retain Musson Associates as a Planning Consultant to assist the Planning Board with Land Use Zoning Ordinance amendments at a rate of $75 from budget line 102-15-503-96 Code Enforcement/Committee/Board expense. The vote was unanimous in favor, 5-0.
B. Special Town Meeting Warrant November 6, 2012, sign
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to sign the November 6, 2012 Special Town Meeting Warrant. The vote was unanimous in favor, 5-0.
VIII New Business
A. Proposal to Change Float Placement at Pond’s End, Long Pond
Public Works Director Smith said he would like to invite John Cullen/DEP and Code Enforcement Keene to review and discuss the proposed changes, and then return to the Board with recommendations.
Brian Hamor was present. He, Public Works Director Smith, and the Board discussed his proposed plan.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to accept the conceptual proposal to change the placement of floats at Pond’s End, Long Pond from Brian Hamor, and table the discussion until DEP has reviewed the area and the plan. The vote was unanimous in favor, 5-0.
B. Request for Proclamation Recognizing Childhood Cancer Awareness Week October 14th – October 20th
MOTION: Selectman Shubert moved, seconded by Selectman Macauley , to authorize Town Manager Lunt to author and sign a Proclamation Recognizing Childhood Cancer Awareness Week October 14th – October 20th on behalf of the Board of Selectman. The vote was unanimous in favor, 5-0.
C. Schoodic International Sculpture Symposium 2014 Provisional Invitation
Selectman Macauley expressed his enthusiasm for the very “cool” project. Chairman Richardson wondered who will organize, raise the money and act as general overseer. Brian Hamor suggested Kippy Stroud who runs a summer arts camp.
MOTION: Selectman Shubert moved, seconded by Selectman Dudman, to express interest in supporting the Schoodic International Sculpture Symposium 2014 Provisional Invitation should a local interest come forward. The vote was unanimous in favor, 5-0.
D. Fire Chief Bender Request to Declare as and Award Bid for Surplus SCBA Equipment
MOTION: Selectman Macauley moved, seconded by Selectman Dudman, to declare as surplus 17 SCBA’s, 23 face pieces, 26 carbon fire air cylinders, and award the bid to Bunker Fire Safety Inc in the amount of $8,000. The vote was unanimous in favor, 5-0.
E. South Shore Rd Storm Drain System, Transfer of Ownership
Public Works Director Smith referred to his memo dated September 25, 2012 in which he recommended the Board execute the agreement in conformance with action taken at the May 5, 2009 Annual Town Meeting. After a brief discussion,
MOTION: Selectman Dudman moved, seconded by Selectman Shubert, to accept and sign the agreement between the Parish of St. Mary and St. Jude and the Town of Mount Desert as presented. The vote was unanimous in favor, 5-0.
F. Such other business as may be legally conducted
Chairman Richardson referred to prior agenda item VII. A. and asked for a discussion regarding recommendations of people to serve on the advisory group suggested by Noel Musson. He thought it would be a good idea to have a Board member serve. Selectman Mooers agreed and volunteered. Selectman Dudman stated this could be a sensitive committee and wondered if the Board could just make the appointments. Chairman Richardson explained appointing people to committees is a usual and customary duty of the Board. Selectman Dudman suggested advertising in the local newspaper and using the Town’s website.
MOTION: Selectman Dudman moved, seconded by Selectman Shubert, to advertise for volunteers for a Planning Advisory Group. The vote was unanimous in favor, 5-0.
IX Committee Meeting Reports
A. None
X Treasurer’s Warrants
A. Approve Treasurer’s Warrant #42 in the amount of $622,476.04
MOTION: Selectman Macauley moved, seconded by Selectman Mooers, to approve Treasurer’s Warrant #42 in the amount of $622,476.04 The vote was unanimous in favor, 5-0.
XI Executive Session
A. Town Manager Evaluation Pursuant to 1 MRSA §405.6.A
MOTION: At 7: 35 p.m. Selectman Mooers moved, seconded by Selectman Dudman, to enter into Executive Session Pursuant to 1 MRSA §405.6.A to conduct a Town Manager Evaluation. The vote was unanimous in favor, 5-0.
MOTION: At 8:53 p.m. Selectman Mooers moved, seconded by Selectman Shubert, to exit Executive Session.
XII Adjournment
MOTION: At 8:54 p.m. Selectman Mooers moved, seconded by Selectman Shubert, to adjourn the meeting.
Respectfully submitted,
John B. Macauley
Secretary
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