Town of Mount Desert
Board of Selectmen
Meeting Minutes August 6, 2012
A meeting of the Board of Selectmen was held this date in the Neighborhood House, 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, Police Chief Jim Willis, Harbormaster Shawn Murphy, Public Works Director Tony Smith, Treasurer Kathi Mahar, and Town Clerk/Recording Secretary Joelle Nolan; and members of the public.
I Call to order at 5:30 p.m.
Chairman Richardson called the meeting to order at 5:30 p.m.
II Executive Session
A. Pursuant to 1 MRSA § 405 (6)(E) to consult with Town Attorney regarding Citizen’s Petition
MOTION: At 5:30 p.m., Selectman Mooers moved, seconded by Selectman Macauley, to enter into Executive Session Pursuant to 1 MRSA § 405 (6)(E) to consult with Town Attorney regarding Citizen’s Petition. The vote was unanimous in favor, 5-0.
MOTION: At 6:28 p.m., Selectman Shubert moved, seconded by Selectman Dudman, to end the Executive Session. The vote was unanimous in favor, 5-0.
MOTION: Selectman Mooers moved, seconded by Selectman Dudman to take agenda item VII Old Business A. Citizen’s Petition for Moratorium on Rock Quarrying out of order. The vote was unanimous in favor, 5-0.
VII Old Business
A. Citizen’s Petition for Moratorium on Rock Quarrying
Chairman Richardson announced that after a discussion with the Town attorney, the Board believes the petition for a moratorium on rock quarrying is invalid. The Petition has legal flaws making it hard for the Board to accept. However, after reviewing the Town of Mount Desert Land Use Zoning Ordinance (LUZO), particularly Section 6B 12 Mineral Exploration and Extraction which contains conflicts, the Board has agreed to proceed with a Special Town Meeting to address a Moratorium Ordinance on Rock Quarrying.
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to deny the Citizen’s Petition for a Moratorium on Rock Quarrying. The vote was unanimous in favor, 5-0.
MOTION: Selectman Dudman moved, seconded by Selectman Macauley, to call for a Special Town Meeting, within the required time-frame and with the necessary public hearings, to present a Moratorium Ordinance on Rock Quarrying retroactive to August 6, 2012.
DISCUSSION: Town Attorney James Collier advised the Board, before voting, to put on record why the petition is unlawful, and reasons why it would have a Special Town Meeting to address a moratorium. Chairman Richardson asked Attorney Collier to explain.
Attorney Collier began by explaining that when citizens signed the Petition, the wording referred to the Planning Board and LUZO. This could be confusing because a petition for a new ordinance cannot be submitted to the Planning Board. The Petition should have said something like “we the undersigned think there are problems [described] and want to have a moratorium on the development of a quarry for [reasons and propose] and request the Board of Selectmen to hold a Special Town Meeting to address the following warrant article.” As presented, the wording does not allow people to know what they are signing.
Then Attorney Collier referred to LUZO 6 B 12 Mineral Exploration and Extraction sub-section 4. In keeping with the purposes of this Ordinance, the Planning Board may impose such conditions as are necessary to minimize the adverse impacts associated with mineral extraction operations on surrounding uses and resources. However, the permit for mineral exploration and/or extraction is not issued by the Planning Board, it is issued by the Code Enforcement Officer. Therefore, the Planning Board cannot impose conditions. He went on to say the reference “ In keeping with the purposes of this Ordinance” is vague. There are not a lot of standards or how to permit. It is not a good idea to go through with something so vague and with no standards. The
court could deem it unconstitutional.
He also explained that pursuant to the Town Charter, Section 1.1.4 SPECIAL TOWN MEETINGS. A special town meeting may be held at any time by vote of the Board or public petition in accordance with this charter. Emergency ordinances affecting life, health, property, or the public peace may be introduced at any time as warrant articles subject to the requirements for notice provided above, the alleged disturbances to health and public peace by Shencavitz and neighbors are well within the purview of the Board of Selectmen to call special town meeting.
VOTE: The vote was unanimous in favor, 5-0.
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to instruct the Town Attorney to draft a Moratorium Ordinance for Rock Quarrying and submit said Moratorium to the Board of Selectmen at a future meeting for its consideration; and to have the Moratorium Ordinance for Rock Quarrying retroactive, if enacted, to this meeting date (August 6, 2012). The vote was unanimous in favor, 5-0.
Mr. Shencavitz the explained moratorium wording in the petition was a draft for consideration. He appreciates that Town Attorney will make it a legal document.
III Minutes
A. Approval of Minutes from July 16, 2012 meeting.
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to approve the Minutes from July 16, 2012 as presented. The vote was unanimous in favor, 5-0.
IV Appointments & Recognitions
A. Appoint Edward Maynard as part-time Police Officer at $15/hour effective August 7, 2012
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to appoint Edward Maynard as part-time Police Officer at $15/hour effective August 7, 2012. The vote was unanimous in favor, 5-0.
V Consent Agenda (These items are considered routine and 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, Marina Surplus 2011-2012, Police, Assessor, Fire
B. Acadia Disposal District Minutes June 21, 2012
C. League of Towns Minutes June 26, 2012
D. Contribution Thank You from Down East Aids Network
E. Contribution Thank You from Island Connections
F. Contribution Thank You from Northeast Harbor Village Improvement Society
Selectman Shubert asked to remove the Fire Department report for discussion.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to acknowledge Consent Agenda items B - F. The vote was unanimous in favor, 5-0.
Selectman Shubert noted there are two new volunteer firefighters and suggested the Board thank them for their willingness to step forward and volunteer their time. Board agreed.
MOTION Selectman Shubert moved, seconded by Selectman Mooers, to publicly thank the two new volunteer firefighters for their willingness to step forward and serve. The vote was unanimous in favor, 5-0.
Selectman Dudman commented on the dumpsters that are often overflowing at the Town Garage. Public Works Director Smith said he is willing to remove the dumpster. He also reminded those present there is curbside collection of garbage twice a week in the summer, and there is always the option to take garbage to the transfer station in Southwest Harbor. Selectman Shubert asked how much of the garbage is illegal [dropped off by non-residents], and Public Works Director Smith said some. Citizen Chuck Bucklin wondered if more dumpsters could be added, and the reply was there is very limited space.
MOTION: Selectman Dudman moved, seconded by Selectman Macauley, to acknowledge Consent Agenda item A. The vote was unanimous in favor, 5-0.
VI Selectmen’s Reports
None presented.
VII Old Business, continued
B. Urban Land Institute/Technical Assistance Panel Report on Revitalization, and Planning Capacity Discussion
Elaine (Lanie) Lincoln reported on behalf of the Revitalization Committee and summarized how this report came about. The need for professional input was clear and with the cooperation of the Board of Selectmen and financial support from the summer residents, an application to the Urban Land Institute (ULI) was submitted. ULI accepted the proposal; however, they insisted that the scope be narrowed. With the focus on Northeast Harbor, as the commercial center of town, the Technical Assistance Panel (TAP) visited in early June. TAP’s assessment resulted in ten main recommendations, and included “make Northeast Harbor a Beehive of activity, capitalize on Marina improvements, strengthen the commercial core, increase supply of affordable housing, and pursue institutional
opportunities & partnerships.”
She suggested the Revitalization Committee is not the group to implement the plan and proposed disbanding the Committee. In its place a new group, independent of the Board of Selectmen, would be formed to pursue the goals of this plan. Kathe McCoy, also a Revitalization Committee member, indicated that the new group would focus on the ULI/TAP report and the Town Comprehensive Plan, with periodic reports to the Board of Selectmen. This new group needs to be formed of year round and summer residents with expertise in planning. She sees this as an ongoing positive process; the hope is that the new committee will be formed by the Board’s next meeting on August 20, 2012.
Chairman Richardson, on behalf of the Board of Selectmen, thanked the Revitalization Committee members for all their great work and recommendations; and for pushing the Board to move forward.
MOTION: Selectman Mooers moved, seconded by Selectman Dudman, to dismiss the Revitalization Committee from their charge with a heartfelt thank you from the Board of Selectmen of the Town of Mount Desert for all of their hard work and effort. The vote was unanimous in favor, 5-0. Board directed Town Manager Lunt to write thank you letters to the committee members.
Chairman Richardson stated that the ULI plan will require changes in the Town’s LUZO. It has become very evident to the Board that we have a great deal of work to do on the current LUZO. The Board is in hopes it can convince voters to hire a consultant, as needed, to assist with the work on the LUZO. The Planning Board, despite its infinite effort and work ethic, cannot keep up with the needed changes. It was agreed that there is a definite need for a planner; and he/she needs to work with the new committee.
Selectman Shubert commented that not everyone has the same vision. For instance, reopening Stanley’s Fish Market is not where we are going. Philosophically this Town government has not wanted to support private enterprise directly, even though we do in subtle ways. For this town to become more proactive in revitalization is very important. There is a large group that does not understand the technical issues and how to improve the business atmosphere. He implored Mrs. Lincoln to make sure the new group is broad enough to encompass those who are on the fence, but have the necessary historical knowledge. Mrs. Lincoln agreed and emphasized the need for professionals.
Chuck Bucklin asked if the Board was considering hiring a full-time employee as a planner or a part-time consultant, and what is the time-frame for revitalizing Main Street. Chairman Richardson replied that a final decision has not been made; however, it is likely that a part-time planner/consultant will be sought. As for timing, the new group will get together in the next few weeks and prioritize the issues. And, hopefully, within six months we will have a good start. Mr. Anderson “Andy” Pew, summer resident, stressed the importance of a knowledgeable facilitator.
Chairman Richardson commented that it has become apparent in the last year or so there are concerns with zoning issues. The Planning Board is comprised of wonderful people that put in a lot of time; but most of their time is spent on permitting. They do not have enough time to plan. He said he is not recommending a full-time employee; rather a consultant to look at the main issues.
Town Manager Lunt said he sees this as a two pronged approach. The immediate challenge is to tackle the LUZO, then address the planning capacity. He suggested it may even take more than one person. He has done some preliminary research. Selectman Shubert suggested developing a wish list RFP. Selectman Dudman suggested setting a goal timeline for finding someone. Chairman Richardson encouraged Town Manager Lunt to continue his search. If needed, the Board can assist narrowing the list. Chairman Richardson emphasized the opportunity the Board has to move forward with the hiring of a planning consultant. The Board needs to develop a budget for the hiring of a planning consultant to present to the voters at the upcoming Special Town Meeting.
Further discussion of potential planning consultants included persons from ULI/TAP, and Noel Musson, who now has his own business as a planner.
Town Manager Lunt will give an update at the next Board meeting.
VIII New Business
A. MDISkatepark Association Request to Close Portion of Rock End Road on August 23, 2012 for Skate Jam
Police Chief Willis said he and Fire Chief Bender will work with the Association to ensure room for emergency vehicles is maintained.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to approve the closure of a portion of Rock End Road on August 23, 2012 for the MDISkatepark Association Skate Jam. The vote was unanimous in favor, 5-0.
B. Sidewalk Plow/Sweeper Recommendation
MOTION: Selectman Dudman moved, seconded by Selectman Macauley, to enter into a 5 year lease with H.P. Fairfield for a 2012 Trackless MT6 Sidewalk Tractor at a cost of $112,570, from account E105-01-505-38, and authorize the Town Manager to sign the lease contract; such action having been approved at the May 3, 2011 Annual Town Meeting for an amount not to exceed $150,000. The vote was unanimous in favor, 5-0.
C. Carryovers from FY 2011-2012 to FY 2012-2013
Public Works Director Smith noted that $5,000 in account E 105-01-505-38 for the sidewalk plow lease can be deleted from the carryover list.
MOTION: Selectman Shubert moved, seconded by Selectman Mooers, to approve the Budget Carryovers from FY 2011-2012 to FY 2012-2013 in the amount of $269,979.52 as shown in Exhibit A of these minutes. The vote was unanimous in favor, 5-0.
D. Such other business as may be legally conducted
None reported.
IX Committee Meeting Reports
A. None
X Treasurer’s Warrants
A. Approve FY 2012 Treasurer’s Warrant #18 in the amount of $68,382.44
MOTION: Selectman Macauley moved, seconded by Selectman Mooers, to approve FY 2012 Treasurer’s Warrant #18 in the amount of $68,382.44. The vote was unanimous in favor, 5-0.
B. Approve FY 2013 Treasurer’s Warrant #17 in the amount of $204,055.74
MOTION: Selectman Macauley moved, seconded by Selectman Dudman, to approve FY 2013 Treasurer’s Warrant #17 in the amount of $204,055.74. The vote was unanimous in favor, 5-0.
XII Adjournment
MOTION: At 7:26 p.m. Selectman Mooers moved, seconded by Selectman Macauley, to adjourn the meeting. The vote was unanimous in favor, 5-0.
Respectfully submitted,
John B. Macauley
Secretary
EXHIBIT A |
TOWN OF MOUNT DESERT CARRYOVER ITEMS FROM FY 2011-12 TO FY 2012-13 |
Requesting Department |
Account |
Description |
Amount |
Purpose |
General Government |
Governing Body |
E 102-01-509-50 |
Contingency Fund |
9,000.00 |
To use for potential unfunded needs during the fiscal year ($5,000 for Cable Consortium legal expense - BOS |
|
Town Clerk |
E 102-07-507-80 |
Historical Preservation |
680.03 |
To fund ongoing care of Town Records-intern. |
Assessing |
E 102-13-504-51 |
Other Professional Services |
10,000.00 |
This balance has been carried over for a number of years. It is a reserve for defending evaluations and other required contractual assessment work. |
|
|
Code Enforcement |
E 102-15-503-96 |
Committee-Board Expenses |
45,832.00 |
To provide on-going funding for board expenses related researching planning and building issues. |
|
E 102-15-503-95 |
Supplies |
1,000.00 |
To partially fund the purchase of a laptop & docking station |
Police |
E 104-01-501-50 |
Overtime |
10,000.00 |
To provide Training wages for new officer (Jordan) while attending MCJA. carry to E104-01-503-74 Academy Training Line |
|
E 104-01-504-03 |
Academy Training |
2,661.94 |
To provide Tuition, equipment and uniforms for new officer (Jordan). |
Public Works |
E 105-01-503-74 |
Storm Water |
38,000.00 |
To fund sidewalk & marina projects not completed in 2011-2012 because of inclement spring weather |
|
|
Roads E 105-01-505-38
|
Lease-Sidewalk Plow
|
5,000.00
|
To supplement the $25,000 in the 2012-13 budget for a new sidewalk plow
|
Sewer Capital |
E105-04-507-12 |
Pump Station Replacement |
142,805.55 |
Originally appropriated in 2008 for on-going projects. Has been carried over annually until fully spent per BOS. |
|
Waste Mgmt |
E 105-15-505-50 |
EMR Tipping Fees |
5,000.00 |
To help cover new contract and fuel price volatility. |
E 105-15-505-51 |
PERC Tipping Fees |
5,000.00 |
For use to cover fuel cost volatility; first year with GAT reduction request, possible short-fall penalty. |
|
Total Requested Carryovers |
269,979.52 |
|
| 
