Town of Mount Desert
Board of Selectmen
Regular Meeting Minutes
March 7, 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, and Rick Mooers, Town Manager Durlin Lunt, Finance Director John Graves, Fire Chief Mike Bender, Harbormaster Shawn Murphy, Public Works Director Tony Smith, 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 Minutes
A. Approve minutes of February 22, 2011 and February 24, 2011 meeting.
MOTION: Selectman Mooers moved, seconded by Selectman Bonville, to approve the minutes of February 22, 2011. The vote was unanimous in favor, 4-0.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to approve the minutes of February 24, 2011. The vote was unanimous in favor, 4-0.
III Appointments and Recognitions
A. Acknowledge receipt of Thank You letter to Code Enforcement Officer Keene for her efforts regarding Land Use Zoning Ordinance interpretation.
MOTION: Selectman Bucklin moved, seconded by Selectman Bonville, to acknowledge receipt of thank you letter to Code Enforcement Officer Keene. The vote was unanimous in favor, 4-0.
B. Appoint Nathan Chisholm as a seasonal part time Harbor Deck Hand effective March 24, 2011 at a rate of $12.00/hr.
Harbormaster Murphy explained training, which is available the end of this month, is needed for the operation of the passenger launch, as proposed for a vote at town meeting. Nathan will attend training, but won’t start work until summer.
MOTION: Selectman Mooers moved, seconded by Selectman Bonville, to appoint Nathan Chisholm as a seasonal part-time Harbor deck-hand effective March 24, 2011 at a rate of $12.00/hr. The vote was unanimous in favor, 4-0.
C. Approve appointment of Martha Bucklin to fill vacancy to Mount Desert Island Regional School District Board of Trustees, expiring May 2, 2011.
MOTION: Selectman Bonville moved, seconded by Selectman Mooers, to appoint Martha Bucklin to fill the vacancy to the Mount Desert Island Regional School District Board of Trustees. Mrs. Bucklin’s term will expire May 2, 2011 upon the election of a trustee at the Annual Town Meeting. The vote was unanimous in favor, 4-0.
Selectman Bonville extended thanks to Gordon Beck for his consideration of filling this vacancy.
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 monthly Department Head reports: Assessor.
B. Acknowledge letter from Thompson & Bowie, LLP for Stipulation of Dismissal RE: Christopher Allen, et al. v. Town of Mount Desert, et al.
C. Acknowledge receipt of letter from Ann Schneider from Maine Municipal Association regarding site visit on February 9, 2011.
D. Acknowledge receipt of League of Towns meeting minutes of Feb. 22, 2011.
E. Acknowledge receipt of monthly financials, Revenue Report, Expense Report and General Ledger.
Selectman Bonville asked to remove item C for discussion.
MOTION: Selectman Mooers moved, seconded by Selectman Bonville, to approve Consent Agenda items A, B, D, and E. The vote was unanimous in favor, 4-0.
Selectman Bonville thanked the Safety Committee for establishing the Wellness Program, and acknowledged the praise from Ann Schneider, Loss Control Supervisor, Maine Municipal Association. Fire Chief Bender said he will pass her thanks on to the Safety Committee.
MOTION: Selectman Bonville moved, seconded by Selectman Bucklin, to approve Consent Agenda item C. The vote was unanimous in favor, 4-0.
V Selectmen’s Reports
Selectman Bucklin noted on a recent visit to the recycling center, the plastics container was full. Public Works Director Smith said the container will be hauled to Ellsworth on Wednesday. He acknowledged the plastics container is filling quicker now that we accept several kinds of plastic. The current agreement for hauling is on an as needed basis. The price has remained the same for several years; however, he will not be surprised to see an increase.
Selectman Bonville thanked Town Clerk Nolan for her work on the warrant.
VI Old Business
A. Update on insurance information regarding Bangor Hydro Decorative Temporary Pole Attachments.
Town Manager Lunt reported there has been no headway. The Celebrate 250 group may try to “fly” their banners on private property rather than on utility poles. Selectman Bucklin asked if the difference between banners and flags, in regards to the Land Use Zoning Ordinance had been addressed. Planning Board Chair Ellen Brawley and Vice Chair Jim Clunan were present and brought up to speed on the issue. They conferred and concluded “banners” is a better choice of words.
No action necessary
B. Plumbing Permit Fee Ordinance, proposed changes, discussion with Code Enforcement Officer Keene.
CEO Keene was unable to attend the meeting.
Selectman Mooers referred to language submitted by CEO Keene on February 11th, which came from Maine Municipal Legal Services. He suggested the language, which replaces section (3) of the ordinance in its entirety, is sufficient. After a brief discussion and review of the language, Board agreed. Said language: (3) Fees. After notice and hearing, the selectmen are authorized to establish a schedule of Permit Fees. Said fees shall be reasonably calculated to cover the Town’s costs in processing permit applications, providing inspections and fulfilling its administrative duties under state law. From time to time the selectmen may revise the fees after notice and hearing.
MOTION: Selectman Mooers moved, seconded by Selectman Bonville to accept the proposed wording, as written, for an article to the 2011-2012 Warrant to amend the Plumbing Permit Fee Ordinance. The vote was unanimous in favor, 4-0.
C. Land Use Zoning Ordinance proposed changes, discussion with Planning Board.
Chairman Richardson asked how much of the change is from the Shoreland issues that were readopted, and Planning Board Vice Chair Clunan replied most.
Chairman Brawley and Vice Chair Clunan gave a brief overview of the proposed changes.
Noel Musson, CES, Inc. presented some revised wording for a couple of the articles, which the Planning Board had recently agreed on. Town Clerk Nolan will update the warrant.
MOTION: Selectman Mooers moved, seconded by Selectman Bonville, to take agenda item VII New Business out of order. The vote was unanimous in favor, 4-0.
VII New Business
A. Approve Class I Liquor Licenses for Malt, Spirituous and Vinous for WinterSpring Inc. d/b/a Colonel’s Restaurant.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to approve the Liquor License for WinterSpring Inc. d/b/a Colonel’s Restaurant. The vote was unanimous in favor, 4-0.
B. Authorize and release of funds from Public Works Equipment Reserve account # 20-24105 to purchase plow truck and equipment.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to authorize the release of funds from Public Works Equipment Reserve account #G 20-24105-00 to purchase a plow truck and equipment.
Selectman Bonville suggested that the dollar amount of $118,189 be added to the motion.
MOTION: Selectman Mooers moved, seconded by Selectman Bonville to amend the motion as follows: to authorize the release of $118,189 from Public Works Equipment Reserve account # G20-24105-00 to purchase a plow truck and equipment.
DISCUSSION: Selectman Bucklin asked what will happen to the old truck, and Public Works Director Smith replied he will try to sell it.
The vote was unanimous in favor, as amended, 4-0.
C. Proposed recommendations from the Marine Management Committee for changes to the commercial dock regulations.
Clarification was made that the Northeast Harbor Commercial Float Regulations are separate from the Marine Management Ordinance; and amendments to the Regulations are under the purview of the Board of Selectmen.
Board members made some suggestions, for consistency, such as changing float to dock.
Selectman Bonville asked for clarification of which dock is commercial, and Harbormaster Murphy explained it is the main dock off the cement pier.
Selectman Bucklin asked if any slots at the commercial dock were opening up this year, and Harbormaster Murphy thought only the 6 passenger boat slot as previously approved.
Harbormaster Murphy noted that he would like to have legal opinion on the proposed changes to the Regulations before adoption. Board agreed.
MOTION: Selectman Mooers moved, seconded by Selectman Bonville to send the proposed changes to the Northeast Harbor Commercial Float Regulations for legal review. The vote was unanimous in favor, 4-0.
VI Old Business, continued
D. Budget and Warrant review continued.
Board reviewed the draft warrant dated March 4; 2011and draft budget dated March 7, 2011 and voted on all articles needing approval as shown below:
Article 3. To see if non-voters shall be allowed, when recognized, to speak during the 2011 Annual Town Meeting.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to recommend passage of Article 3. The vote was unanimous in favor, 4-0.
Article 4. To see if the Inhabitants of the Town of Mount Desert will vote to approve an expenditure of $500 from the Animal Welfare Account to Acadia Veterinary Hospital as a donation for the benefit of the Town of Mount Desert Feral Cat Program.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to recommend passage of Article 4. The vote was unanimous in favor, 4-0.
Article 5. Shall an ordinance entitled “Town of Mount Desert Alewife Ordinance” be enacted? The ordinance reads, in its entirety, “Regulations for the taking of alewives shall be as follows: For the year July 1, 2011 through June 30, 2012 there shall be no taking of Alewives in the Town of Mount Desert.”
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to recommend passage of Article 5. The vote was unanimous in favor, 4-0.
Article 18. To see if the Inhabitants of the Town of Mount Desert will authorize the Board of Selectmen to accept Conditional Gifts (MRSA 30-A, §5654), Unconditional Gifts (MRSA 30-A §5655), equipment, proceeds from sale of fire equipment or funds on behalf of the Municipal Fire Department. It is understood that any funds received will be placed in the Fire Equipment Reserve Fund.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to recommend passage of Article 18. The vote was unanimous in favor, 4-0.
Article 19. To see if the Inhabitants of the Town of Mount Desert will vote to authorize the Board of Selectmen to accept a Conditional Gift (MRSA 30-A, §5654) of monies for the purchase of a vessel to be used as a passenger launch.
Town Clerk Nolan explained she had requested a legal opinion from Maine Municipal Legal Services and they suggested deleting “under such terms and conditions as the Board of Selectmen, in its sole discretion, deems to be in the best interests of the Town.” because the premise of the statute is to have the voters approve the conditions. After a brief discussion, Board agreed.
MOTION: Selectman Bucklin moved, seconded by Selectman Mooers, to recommend passage of Article 19. The vote was unanimous in favor, 4-0.
Article 21. To see if the Inhabitants of the Town of Mount Desert will vote to authorize the Board of Selectmen to lease the so-called "training room" at the Seal Harbor Fire Station to the Lurvey Wright American Legion Post No. 103 for a term of one (1) year under such terms and conditions as the Board of Selectmen, in its sole discretion, deems to be in the best interests of the Town.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to recommend passage of Article 21. The vote was unanimous in favor, 4-0.
Article 22. Shall the Town of Mount Desert be authorized to issue general obligation bonds to the town in a principal amount not to exceed $1,500,000 (one million five hundred thousand dollars) to finance the design and construction of improvements to portions of the Town’s sidewalks, said sidewalks to include, but not necessarily being limited to the following:
• in the Village of Somesville on State Route 102 between the post office and the Pretty Marsh Road, a distance of approximately 5,750 feet; on the Pretty Marsh Road between its intersection with State Route 102 and the Beech Hill Road, a distance of approximately 1,200 feet and; along the Oak Hill Road for a distance of approximately 525 feet from its intersection with State Route 102 to the stream before Harmony Way and,
• in the Village of Northeast Harbor on portions of Manchester Road from its intersection with South Shore Road to a location southerly of Sinclair Road, a distance of approximately 3,600 feet; on South Shore Road between its intersection with Kimball Lane and Dead End Road, a distance of approximately 715 feet; on the north-south portion of Rock End Road, a distance of approximately 800 feet and; on two sections of Neighborhood Road, one being from Main Street towards Tracy Lane, a distance of approximately 170 feet and the other from Manchester Road towards Main Street, a distance of approximately 600 feet,
• in the Village of Seal Harbor on State Route 3 between the Dodge Point Road and Stanley Brook, a distance of approximately 1,850 feet,
with all sidewalk locations totaling approximately 15,210 feet and collectively referred to as (the “Project”); and further to authorize the Municipal Officers to execute any and all contracts and documents and do any and all things necessary or convenient to issue the bonds of the Town, which may be callable, and to accomplish the Project?
FINANCIAL STATEMENT - TOWN OF MOUNT DESERT
1. Total Town Indebtedness
A. Bonds outstanding and unpaid: $14,547,485
B. Bonds to be issued if this question is approved: $ 1,500,000
TOTAL $16,047,485
2. Costs
A. At an estimated interest rate of 3.8%, the estimated costs of this bond issue will be:
Ten (10) years
a. Principal $1,500,000
b. Interest $ 313,500
Total Debt Service $1,813,500
3. Validity
A. The validity of the bonds and of the voters’ ratification of the bonds may not be affected by any errors in the above estimates. If the actual amount of the total debt service for the bond issue varies from the estimate, the ratification by the voters is nevertheless conclusive and the validity of the bond issue is not affected by reason of the variance.
__________________________________
Treasurer, Town of Mount Desert
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to recommend passage of Article 22. The vote was unanimous in favor, 4-0.
Article 23. To see if the Inhabitants of the Town of Mount Desert will vote to authorize the Board of Selectmen to accept and expend on behalf of the Town additional state, federal and other funds (including unconditional gifts of money) received during the fiscal year 2011-2012 for Town purposes, provided that such additional funds to not require expenditure of local funds not previously appropriated.
MOTION: Selectman Bonville moved, seconded by Selectman Bucklin, to recommend passage of Article 23. The vote was unanimous in favor, 4-0.
Article 25. To see if the Inhabitants of the Town of Mount Desert will vote to authorize the Tax Collector to enter into a standard “tax club” agreement with taxpayers whereby: (1) the taxpayer agrees to pay specified monthly payments to the Town based on the taxpayer’s estimated and actual tax obligation for current year property taxes: (2) the Town agrees to waive interest on timely payments: (3) the Town authorizes the Tax Collector to accept payment of taxes prior to commitment of taxes: (4) the agreement automatically terminates if two consecutive payments are missed, and the taxpayer thereupon becomes subject to the same due date and interest rate as other, nonparticipating taxpayers: (5) only taxpayers who are current on their property tax obligations may participate: and (6) interested
taxpayers must sign up for participation by the date shown on the application, to be determined by the Tax Collector.
MOTION: Selectman Mooers moved, seconded by Selectman Bonville, to recommend passage of Article 25. The vote was unanimous in favor, 4-0.
Article 26. To see if the Inhabitants of the Town of Mount Desert will vote to authorize the Tax Collector to accept pre-payment of property taxes, with no interest to be paid on same.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to recommend passage of Article 26. The vote was unanimous in favor, 4-0.
Article 28. To see what sum the Town will vote to raise and/or appropriate to pay overpayment of taxes (due to abatement) and applicable interest granted during this fiscal year.
MOTION: Selectman Bonville moved to recommend appropriation for abatement expenses from overlay, seconded by Selectman Mooers, to recommend passage of Article 28. The vote was unanimous in favor, 4-0.
Article 29. To see if the Inhabitants of the Town of Mount Desert will vote to authorize the Board of Selectmen to dispose by public bid of Town-owned property, other than real property, with a value of ten thousand dollars ($10,000) or less under such terms and conditions as it deems advisable.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to recommend passage of Article 29. The vote was unanimous in favor, 4-0.
Article 30. To see if the Inhabitants of the Town of Mount Desert will vote to authorize the Board of Selectmen to sell at public auction or by advertised sealed bid, and to convey titles obtained under tax deeds and under deeds of conveyance to the Inhabitants of the Town any land and/or buildings, including trailers, in lieu of payment of taxes except that the Selectmen have the power to authorize redemption.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to recommend passage of Article 30. The vote was unanimous in favor, 4-0.
Article 31. To see if the Inhabitants of the Town of Mount Desert will vote to authorize the Board of Selectmen to contract for services, in amounts not to exceed appropriation for same, under such terms and conditions as it deems advisable.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to recommend passage of Article 31. The vote was unanimous in favor, 4-0.
Article 32. To see if the Inhabitants of the Town of Mount Desert will vote to increase the property tax levy limit of $ established for the Town of Mount Desert by State law in the event that the Municipal Budget approved under the previous articles will result in a tax commitment that is greater than the property tax levy limit.
Explanation: The State Legislature passed a new “tax reform” law known as LD#1. This bill created a maximum municipal tax levy based upon this year’s tax, plus an allowance for inflation and the Town’s tax base growth due to new construction. However, LD#1 allows Mount Desert voters to increase that tax cap with the approval of a simple majority of the voters at Town Meeting. The only requirement is that a secret vote must be taken by written ballot.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to recommend passage of Article 32, with the understanding that the dollar amount will be filled in once the LD worksheet is completed. The vote was unanimous in favor, 4-0.
Article 33. To see if the Inhabitants of the Town of Mount Desert will vote to establish the annual compensation for Selectmen services at $1,200 per Selectman.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to recommend passage of Article 33. The vote was unanimous in favor, 4-0.
Article 35. To see what sum the Inhabitants of the Town of Mount Desert will vote to raise and/or appropriate as Revenue through Excise Taxes, Service Fees and miscellaneous sources for the 2011-2012 Town Budget.
MOTION: Selectman Mooers moved, seconded by Selectman Bonville, to recommend $1,490,260 for Article 35. The vote was unanimous in favor, 4-0.
Article 36. To see what sum the Inhabitants of the Town of Mount Desert will vote to raise and appropriate for Department 102 General Government – Governing Body, Municipal Management, Town Clerk, Finance/Treasury, Assessment, Code Enforcement, Human Resources, and Unallocated Funds for the 2011-2012 Town Budget.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to recommend $924,979 for Article 36. The vote was unanimous in favor, 4-0.
Article 38. To see what sum the Inhabitants of the Town of Mount Desert will vote to raise and appropriate for Department 104 Public Safety – Police and Communications for the 2011-2012 Town Budget.
MOTION: Selectman Mooers moved, seconded by Selectman Bonville, to recommend $1,017,497 for Article 38. The vote was unanimous in favor, 4-0.
Police: $694,972 Communications: $322,525
Article 39. To see what sum the Inhabitants of the Town of Mount Desert will vote to raise and appropriate for Department 104 Public Safety – Fire, Emergency Management, and Hydrants for the 2011-2012 Town Budget.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to recommend $793,625 for Article 39. The vote was unanimous in favor, 4-0.
Fire: $519,125 Hydrants: $273,500
Emergency Management: $ 1,000
Article 40. To see what sum the Inhabitants of the Town of Mount Desert will vote to raise and appropriate for Department 105 Public Works - Roads, Waste Management, Parks & Cemeteries and Buildings & Grounds, for the 2011-2012 Town Budget.
MOTION: Selectman Bucklin moved, seconded by Selectman Bonville, to recommend $2,429,161 for Article 40. The vote was unanimous in favor, 4-0.
Roads: $1,573,156 Buildings/Grounds: $206,245
Parks/Cemeteries: $32,486 Waste Management: $617,274
Article 41. To see what sum the Inhabitants of the Town of Mount Desert will vote to raise and appropriate for Department 105 Public Works Sewer Capital and Sewers for the 2011-2012 Town Budget.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to recommend $832,969 for Article 41. The vote was unanimous in favor, 4-0.
Sewer Capital: $35,000 Sewer Treatment: $797,969
Article 44. To see what sum the Inhabitants of the Town of Mount Desert will vote to raise and appropriate for Department 106 Culture - Recreation/Libraries for the 2011-2012 Town Budget. (Refer to page)
MOTION: Selectman Bucklin moved, seconded by Selectman Bonville, to recommend $161,147 for Article 44. The vote was unanimous in favor, 4-0.
Article 45. To see what sum the Inhabitants of the Town of Mount Desert will vote to raise and appropriate for Department 108 Debt - Debt for the 2011-2012 Town Budget.
MOTION: Selectman Bonville moved, seconded by Selectman Bucklin, to recommend $812,880 for Article 45. The vote was unanimous in favor, 4-0.
Article 46. To see what sum the Inhabitants of the Town of Mount Desert will vote to raise and appropriate for Department 109 All Other – Public Agency, and Rural Waste Water Support Program for the 2011-2012 Town Budget.
MOTION: Selectman Bonville moved, seconded by Selectman Mooers, to recommend $226,359 for Article 46. The vote was unanimous in favor, 4-0.
Other Services: $61,359 RWWSP: $ 165,000
Overlay: $ To be determined
Article 47. To see if the Inhabitants of the Town of Mount Desert will vote to ratify the Board of Selectmen’s approval of the Marina Enterprise Fund budget.
MOTION: Selectman Mooers moved, seconded by Selectman Bonville, to recommend approval of Article 47. The vote was unanimous in favor, 4-0.
Revenue: $569,000 Expense: $531,106
Harbormaster Murphy and Board discussed Marina revenue regarding loan payments for the bond on the Marina project. He noted administrative costs and other harbor costs eat into revenue. He stated he would not want diminished revenue to cause public perception that the marina is not paying for the project. Chairman Richardson said the Board is aware of the revenue issue; there may be a need, in the future, to change the marina back to the town budget and out of the enterprise fund. Board assured Harbormaster Murphy it is aware of the situation.
Selectman Bonville requested that before the budget goes into the warrant and sent to the people, that it is updated with audit adjustments for expenses and revenues, the 2010 actual expenditures, and 2011 year-to-date figures.
Town Manager Lunt, when asked what the budget increase is from last year, replied overall it is 4.2% higher including the schools; municipal is closer to 2%.
Selectman Bonville asked about the progress of the egress from the Fire Chief’s office. Public Works Director Smith gave a brief synopsis and will provide a more detailed report in the near future.
VIII Committee Meeting Reports
A. None
IX Treasurer’s Warrants (after VII C)
A. Approve Treasurer’s Warrant # 84 for $181,362.95.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to approve Treasurer’s Warrant #84 for $181,362.95. The vote was unanimous in favor, 4-0.
X Executive Session
A. None
XI Adjournment
MOTION: At 8:56 p.m., Selectman Mooers moved, seconded by Selectman Bonville, to adjourn the meeting. The vote was unanimous in favor, 4-0.
Respectively submitted,
Jean Bonville
Secretary
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