Town of Mount Desert
Board of Selectmen
Regular Meeting Minutes
January 3, 2011
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 Jean Bonville, Chuck Bucklin, Marilyn Damon, and Rick Mooers, Town Manager Durlin Lunt, Public Works Director Tony Smith, Fire Chief Mike Bender, Harbormaster Shawn Murphy, Town Clerk/Recording Secretary Joelle Nolan, and members of the public.
I Call to order at 6:30PM.
Chairman Richardson called the meeting to order at 6:30 p.m.
II Minutes
A. Approve minutes of December 20, 2010 meeting
MOTION: Selectman Bonville moved, seconded by Selectman Mooers, to approve the minutes of December 20, 2010, as amended. The vote was unanimous in favor, 5-0.
III Appointments
A. None
IV Consent Agenda (These items are considered to be routine, and therefore, will not be allotted Selectmen discussion time on the agenda. The items may be passed by the Selectmen in one blanket motion. Any Board member may remove an item from the “Consent” portion of the agenda for discussion or questions by requesting such action prior to consideration of that portion of the agenda.)
A. Acknowledge receipt of Town of Mount Desert Housing Authority Annual Report and payment in lieu of taxes for 2010 in the amount of $4,508.88
B. Acknowledge receipt of letter from Edward R. Benjamin, Jr., Esq. regarding Christopher Allen, et al. v. Town of Mount Desert, et al
C. Acknowledge receipt of letter from University of Maine Augusta inviting town to join Partnership for a Well-Designed Maine
D. Acknowledge thank you letter to Seal Harbor Playground project representative Keira Brophy Hern
E. Acknowledge receipt of thank you letter from Kimball Terrace Inn/Main Sail Restaurant praising the Mount Desert Fire Department, Police Department and all volunteers regarding a fire alarm
F. Acknowledge receipt of thank you letter from Northeast Plumbing for Code Enforcement Office Kim Keene’s assistance and dedication
G. Acknowledge update from Elizabeth McMillan regarding her efforts with TRIO systems and human resources
H. Acknowledge receipt of minutes from League of Towns meetings November 23, 2010 and agenda for December 28, 2010
Selectman Mooers requested to address items E & F. Selectman Bonville requested a discussion of item C.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to accept the Consent Agenda items A, B, D, G, & H as presented. The vote was unanimous in favor, 5-0.
Selectman Bonville wondered if the Partnership for a Well-Designed Maine program might be of interest to RestoreNEH and/or the Revitalization Committee since it is free. Board requested Town Manager Lunt to send a copy of the letter to heads of each group; Sam Shaw and Lanie Lincoln, respectively.
Regarding items E & F, Selectman Mooers said he feels anytime Town employees receive kudos it is incumbent upon the Board to recognize such by more than a consent agenda item. He would like to have the thank-you’s properly acknowledge d by the Board.
MOTION: Selectman Bonville moved, seconded by Selectman Damon, to accept Consent Agenda items C, E, & F. The vote was unanimous in favor, 5-0.
V Selectmen’s Reports
Selectman Bonville asked Town Manager Lunt to check on the status of the National League of Cities Prescription Drug program medical cards.
She noted carryovers from the last fiscal year need to be entered into the current budget, despite the status of the audit; the figures will be helpful to Department Heads in establishing next year’s budget.
She requested that someone check with the auditors and find out when the current audit report will be available.
She has spoken with Public Works Director Smith regarding discarded Christmas trees, and he has agreed to have the highway crew pickup the trees and have them chipped. He will assign a specific day and advertise.
She mentioned that at the Board’s last meeting, Selectman Bucklin asked about Amilie Bacon working as a per diem for the fire department; she stated the Board needs to be cognizant that any new employee or position needs to come before the Board for confirmation of appointment.
Chairman Richardson noted that the discussion about health insurance didn’t make the agenda; Board agreed to address it at the next meeting, and requested that information be provided.
VI Old Business
A. League of Towns Municipal Collaboration Workshop, request for input from municipal officers
Town Manager Lunt asked if there is anything the Board wants to add to the agenda. Board agreed having a facilitator is a good idea; and that human resources is an important issue to address.
B. Proposed set back amendments to Land Use Zoning Ordinance from RestoreNEH
Some Board members wondered if the Planning Board is reluctant to address the proposed amendments and bring them to Town Meeting. It was suggested the Planning Board was seeking more community involvement. Selectman Mooers thought according to the e-mails provided, the Planning Board and Noah Hodgetts [RestoreNEH liaison] have scheduled meetings, and that the issue, appropriately sits with the Planning Board.
Mr. Hodgetts was present and spoke specifically to the issue of sub-zones. He thought, according to an e-mail between Code Enforcement Officer Keene and Maine Municipal Legal Services, that spot-zoning is not an issue. He agreed with some Board members that there seems to be some reluctance on the part of the Planning Board to address the requested zoning change. He will be presenting the zoning change information at the next Revitalization Committee meeting.
As to the matter of interest and participation by the Planning Board versus the community, Selectman Bonville and Chairman Richardson noted that community involvement comes at town meeting and public hearings.
C. Proposed changes to Use of Public Places Ordinance from RestoreNEH
Selectman Bonville said she is not sure she agrees that the proposed changes need to be made; the Board can already allow use of public land as stated in paragraph 1 of the current ordinance. The only difference she sees is the addition of a fee, and wonders if the Town really needs this change.
Chairman Richardson wondered if the Board has been asked to approve uses on public places; if not, do we need this guidance? Selectman Bonville reminded the Board there have been several requests, such as the art display on the green, and use of the area for an antique autos meet. Also, she noted, the Board refused approval when someone asked to use the green and charge a fee [yoga class]. Selectman Damon said she sees a difference between enrolling in a fee based class and attending a farmer’s market.
Citizen Anne Funderburk asked how has use of village greens been handled in the past when use is requested by non-profits. It was explained that the request comes before the Board and is approved by a majority vote.
Selectman Mooers sees the essential difference as for-profit and not-for-profit requests. Typically the Board has said “no” to for-profits and been very generous to not-for-profits. Perhaps the permitting process should be formalized with a fee and put under the auspices of the Code Enforcement Officer. Types of uses and enforcement were discussed.
Citizen Andy Horner wondered how to differentiate between a static art display and a musical entrepreneur selling tickets for a concert. Parking and sanitation would be a huge issue and could easily grow out of hand.
Board agreed there is a need for more thought; currently the Town does not allow people to make a profit from the use of public land.
Harbormaster Murphy thought the proposed changes to the ordinance might bring more business to town.
Mr. Hodgetts made the point that the proposed changes set more detailed parameters by suggesting guidelines for types of uses and duration of time. He also suggested that the ordinance be changed to come under the purview of the Code Enforcement Officer.
Board directed Town Manager Lunt to contact Maine Municipal Legal Services and ask what type of discretionary authority the proposed ordinance changes give the Board.
Mrs. Funderburk wondered if a group requesting a permit should have to submit a parking plan. Board agreed parking is always an issue.
D. Joseph T. Musetti Veterans Memorial Park agreement, discussion
The question is do changes to the green, as presented in the Northeast Harbor Marina conceptual plan approved at May 3-4, 2010 Annual Town Meeting, need further Town Meeting approval to change the parking space design.
Town Manager Lunt referred to the copy of the Town Meeting vote from 1995 and noted the language is very vague. Did the vote mean to keep the green the same forever and ever and only allow the placement of a plaque, stone, flag pole, shrubs and landscaping? Did the vote mean the green configuration must stay the same?
Maine Municipal Legal Services suggests that the 1995 vote did not create a Memorial park in perpetuity or of the same dimensions. Noel Musson, CES, Inc Project Manager/Planner said the parking area within the green has expanded by about 22 spaces. Although some parking spaces might be closer to the Memorial area, these spaces were added to help achieve the stated objective maintaining the same number of parking spaces that are currently available at the marina. This design was the best option for the overall site plan and safety. Selectman Bucklin suggested the new configuration makes the Memorial a focal point on the green. Town Manager Lunt indicated the net impact on the green area is probably break-even.
Motion: Selectman Bonville moved, seconded by Selectman Bucklin, to continue the Northeast Harbor Marina project according to the Proposed Site Plan. The vote was in favor, 3-2 with Selectmen Damon and Mooers voting against.
E. New Recycling Program, discussion
Public Works Director Smith referred to his memo dated December 27, 2010 sent from Acadia Disposal District to all ADD member towns. He detailed the expanded list of items now acceptable for recycling through the new agreement with the City of Ellsworth: mixed newsprint and office paper, mixed cardboard and box/paperboard, mixed plastics (#’s 1-7), and metal cans (aluminum, tin, and steel). He is negotiating with two haulers for quotes to haul the Town’s roll-offs to Ellsworth.
Mrs. Funderburk commented on the larger recycling receptacles at Sargeant Drive. They extend beyond the recycling shed and it is difficult to get items in the bin.
F. Seal Harbor Village improvement Society request for conditional gift of trees on town land, Warrant Article for May 2-3, 2011 Town Meeting
Mrs. Funderburk spoke on behalf of the Seal Harbor Village Improvement Society and explained the trees to be replaced have been missing for several years and are considered more of a substantial replacement than maintenance.
MOTION: Selectman Mooers moved, seconded by Selectman Bonville, to add an article to the May 2-3, 2011 Annual Town Meeting Warrant to accept the gift of trees for placement on town land. The vote was unanimous in favor, 5-0.
F. Jillaine Butler, Motion to Extend time to file and answer Complaint
Town Manager Lunt said the Motion is inconsequential; payment of taxes and associated costs should be received and deposited by the time the Board next meets.
No action taken.
VII New Business
A. Passport Acceptance Facility/Agent, discussion with Town Clerk Joelle Nolan
Town Clerk Nolan reiterated her reasoning to not renew her recertification as a Passport Acceptance Agent, as stated in her memo to the Board dated December 21, 2010. The new mandates from Passport Services regarding facility security make it nearly impossible for the town office to comply. Board agreed with Town Clerk Nolan’s assertion that it is too bad to lose this service to the community.
MOTION: Selectman Mooers moved, seconded by Selectman Damon, based on new Passport Acceptance Facility security requirements, which the town office cannot provide, to accept Town Clerk Nolan’s recommendation to close the acceptance facility. The vote was unanimous in favor, 5-0.
VIII Committee Meeting Reports
A. Public Protection Committee minutes of December 17, 2010
Chairman Richardson stated it has become apparent to him from reading the PPC minutes of December 17, 2010 and the resulting articles in local newspapers that the Board has failed to keep the PPC vitalized. Its mission to inventory resources and assets necessary to maintain public safety has been done and given to the Board. Since then, Chairman Richardson went on to say, the committee has struggled to move forward. The Board has not given further direction. He suggests that unless the Board has a continued mission, that the committee suspend its activities until needed.
Public Works Director Smith declared that he did not attend December 17th meeting, however he agrees with Chairman Richardson that the committee has done what it was asked to do. He vehemently stated he was not a part of the discussion regarding Fire Chief Bender.
Chairman Richardson said he takes responsibility as the Board Chairman for not directing the committee; he does not see the need for the committee right now, and suggests it be suspended with thanks.
Sumner Rulon-Miller, committee member, reminded the Board that part of the mission statement directed the committee to “identify public safety deficiencies and make recommendations for remediation of the deficiencies”. Part of the purpose of the December 17th meeting was to address the reduction of volunteer firefighters; unfortunately Fire Chief Bender was not able to be present. There was an open discussion of ideas to support Fire Chief Bender in retention and hiring of volunteer firefighters. He sees the PPC as a resource for Fire Chief Bender to find out what other communities are doing. He said he had met with Fire Chief Bender that morning, reviewed retention means, and discussed what the PPC could do to augment retention of volunteers. He also said he felt the PPC is right on the mark of its
mission statement and sees it as a valuable asset in helping Fire Chief Bender.
Chairman Richardson agreed that information regarding volunteers for Fire Chief Bender would be helpful; however, he is still not convinced the entire PPC is in the same mode. He would like to see the committee end on a positive note. If the Board agrees to suspend the committee, members with ideas may approach Town Manager Lunt or Fire Chief Bender.
Public Works Director Smith noted prior minutes show Fire Chief Bender has made clear suggestions for recruitment and retention to the PPC.
Selectman Bucklin suggested tabling the issue until the Board’s next meeting and request the PPC chair to attend for a discussion.
Selectman Bonville said she has attended many PPC meetings and several ideas for volunteer retention came from committee members.
Selectman Mooers noted PPC Chairman Shubert, within the last year, submitted a comprehensive report with what the PPC had for recommendations for deficiencies. He agrees partially that the Board is at fault; however there have been some meaningful discussions regarding physical plants, and some changes to this building [Town Office/Fire & Police Departments] came about due to those discussions. The Board has done a disservice by not reviewing the report and given more direction to the committee. He supports suspending the committee and having the Board take a comprehensive look at the reports. There was mention about the appropriateness of Mr. Rulon-Miller approaching a department head [Fire Chief Bender].
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to suspend the activities of the Public Protection Committee.
Further discussion:
Mr. Rulon-Miller defended his action saying that after the last meeting he talked with Chairman Richardson about his plan to interview 15 other towns regarding volunteer firefighters.
Selectman Bucklin said it is time to sit back, review the reports, and then give direction.
Selectman Damon observed that some of the PPC members are willing to do outside work to help recruit volunteer firefighters; these members care and want to help by providing community service.
Selectman Bonville asked Fire Chief Bender if he is satisfied that the PPC has done what it was charged to do. Fire Chief Bender replied yes, but thought it had gone beyond what is was charged to do. He went on to say the newspaper articles have done more damage in recruitment than anything. The PPC has become a hostile environment.
The vote was in favor, 4-1 with Selectman Damon voting against.
Chairman Richardson directed Town Manager Lunt to send letters to PPC members alerting them of the suspension, thanking them profusely for their service, and telling them that the Board hopes to get back to them soon with new direction.
IX Treasurer’s Warrants
A. Approve Treasurer’s Warrant # 58 for $940,417.07
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to approve Treasurer’s Warrant #58 for $940,417.07. The vote was in favor, 4-1 with Selectman Bonville voting against. She suggested the conference phone costs and money received ($1,000) were not in the correct accounts. She also noted the check to John Stanley for his Rural Wastewater Benefit Support check was missing from this warrant.
X Other Business
Regarding the budget schedule, Town Manager Lunt reported the department heads are ready. It was decided to review general government and debt at the Board’s regular meeting on Tuesday, January 18, 2011; fire and police budgets at a Special Meeting 4:00 p.m., January 24, 2011; and public works at the Board’s regular meeting February 7, 2011. That leaves revenue, marina, school, and 3rd party requests. Town Manager Lunt asked if the Board wants to review new 3rd party requests in addition to those that had received funds last year. Board agreed to review all requests. Board will meet February 14, 2011, if needed, in addition to its regular meeting Tuesday, February 22, 2011.
Chairman Richardson requested Town Manager Lunt to send the budget schedule to the Board and Warrant Committee.
Chairman Richardson announced he will be gone the week of February 14th.
XI Executive Session
A. None
XII Adjournment
MOTION: At 8:15 p.m. Selectman Mooers moved, seconded by Selectman Damon, to adjourn the meeting. The Vote was unanimous in favor, 5-0.
Respectfully submitted,
Jean Bonville
Secretary
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