Town of Mount Desert
Board of Selectmen
Regular Meeting Minutes
December 19, 2011
A meeting of the Board of Selectmen was held this date in the Somesville Fire Station, Somesville, Maine.
Those present included: Chairman Tom Richardson; Selectmen Martha Dudman, John Macauley, Rick Mooers, and Dennis Shubert; staff members Town Manager Durlin Lunt, Public Works Director Tony Smith, Fire Chief Mike Bender, 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. None
III Minutes
A. Approval of minutes from December 5, 2011 meeting.
MOTION: Selectman Dudman moved, seconded by Selectman Macauley, to approve the December 5, 2011 minutes as presented. The vote was unanimous, 5-0.
IV Appointments & Recognitions
A. Accept with regret resignation from Treasurer John A. Graves
MOTION: Selectman Macauley moved, seconded by Selectman Mooers, to accept with regret the resignation from Treasurer John A. Graves. The vote was unanimous in favor, 5-0.
B. Appoint Katrina Carter to the Warrant Committee effective December 20, 2011
MOTION: Selectman Dudman moved, seconded by Selectman Macauley, to appoint Katrina Carter to the Warrant Committee effective December 20, 2011. 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 Head Reports: Fire Chief, Police Chief, WWTP Superintendent, Treasurer
B. Marina Revenues
C. Letter of Support to Hancock County Planning Office re Blue Hill Bay Needs Assessment Proposal
D. Thank you letter from Bar Harbor Food Pantry
E. AT&T v. Town of Mount Desert Notice of Voluntary Dismissal
F. Annual Contract with Small Animal Clinic for stray dogs and cats
Selectman Dudman said she shares Fire Chief Bender’s concern about recruiting volunteers and suggested he try approaching people directly, one on one, and inviting personally to join the Department. Fire Chief Bender agreed to try.
Referring to Wastewater Superintendent Savage’s report, Selectman Shubert asked about the Town’s ability to reject sewage from Blackwoods Campground. Public Works Director Smith said the Town has an agreement with the Park Service and we are trying to work with them to solve the problems.
MOTION: Selectman Macauley moved, seconded by Selectman Mooers, to acknowledge receipt of Consent Agenda items A – F as presented. The vote was unanimous in favor, 5-0.
VI Selectmen’s Reports
None presented.
VII Old Business
A. Revitalization Committee: Technical Assistance Panel Application (TAP) Form for the Urban Land Institute ULI, discussion
Town Manager Lunt explained the Revitalization Committee wanted the Board of Selectmen to review and add comments to the application, if desired. They are in hopes to have ULI here the end of June and before July 4. Selectman Shubert asked what the product we expect is and the cost. Town Manager Lunt said the ULI will take a snapshot of the town, do several interviews, and present recommendations for business growth. The RC will assist with costs and lodging. To Selectman Shubert’s question, is this consultation for economic development and will there be a written report, Town Manager Lunt replied yes.
MOTION: Selectman Macauley moved, seconded by Selectman Mooers, to take agenda item VIII B out of order. The vote was unanimous, 5-0.
VIII New Business
B. Citizen Request to purchase Town’s partial interest in Otter Creek vacant lot
Chairman Richardson asked Assessor Avila the value of the Town’s interest in real money. He replied that the estimated 1/3 interest would be $48,600. Julie Chase Donohue and her brother Ron Chase introduced themselves; Mrs. Donohue spoke to their longstanding efforts to obtain a clear title to the property, as outlined in her letter to the Board dated December 11, 2011. It has been an extremely arduous procedure that they have been working on since the mid 1990’s. They just recently found out that the Town has an interest in the property. In their research, they have determined that the county, town, and probate records have not matched for 75 years regarding the amount owned by those with an interest. They disagree that the Town’s interest is as much
as a third. Mr. Chase spoke to complexities of who owns what and the amount of research that has been done on their behalf.
Chairman Richardson asked Assessor Avila to comment. Assessor Avila explained there were several people with interests in this parcel; one of which gifted his interest to the town to get rid of it and the taxes. Mrs. Donohue and Mr. Chase have purchased all other interests. Former Assessor John Brushwein researched and documented the town’s 33.33±%. Mrs. Donohue expressed her strong belief that the research done by the abstractors she and her brother hired over the years proves that the Town’s interest is closer to 20%.
MOTION: Selectman Shubert moved, seconded by Selectman Macauley, to ask members of the Town to donate the Town’s interest in Tax Map 2 Lot 8-1 to Island Housing Trust.
DISCUSSION: Selectman Shubert suggested by donating the Town’s interest in the lot to Island Housing Trust, workforce housing could be made available in Otter Creek. Mrs. Donohue and Mr. Chase would become partners with Island Housing Trust and negotiate with them. Mrs. Donohue said it was not their current goal to sell or even develop the land. Selectman Shubert said it was not his goal to give away Town land. Mrs. Donohue thought the Town would want the property in the tax base. Selectman Shubert thought it not fruitful to discuss value in this forum. The Town has bits and pieces of land it wants to hold onto. Otter Creek is the perfect place to promote workforce housing.
Selectman Macauley said he is not comfortable making a decision tonight; more information is needed. Chairman Richardson noted the actual value to the Town is not a lot. He said he is familiar with the property; it has been idle for many years because nobody could figure it out. He would like to see the Town come up with a value and get it off the Town’s books and to someone who will do something to it. He suggested it is not enough to benefit Island Housing Trust.
Selectman Dudman said more information is needed to determine a clear percent and value. Chairman Richardson stated that would mean paying an abstractor, which is the only way to find the real value. Selectman Macauley said he is intrigued by the idea of Island Housing Trust, and is curious about the folks who lost land or gifted land to the Town. Is it all contiguous? What would Island Housing Trust own/boundaries? Selectman Shubert said it is the Boards’ fiduciary responsibility not to give up the Town’s value without knowing what it is.
VOTE: The vote was 1-4 and the motion failed. Selectman Shubert voted in the affirmative.
Selectman Dudman asked Assessor Avila for his recommendation. He said, as he wrote in his Memo dated December 14, 2011, he recommends that an article be put on the 2012 Annual Town Meeting Warrant to release any and all interest owned by the Town, and to negotiate with the other current owners. This cleans it up and gets the land back on the tax rolls.
MOTION: Selectman Macauley moved, seconded by Selectman Dudman, to table this issue until more information is received regarding the value of the property.
DISCUSSION: Assessor Avila asked what specifically does the Board want for more information. Chairman Richardson suggested the current owners meet with Assessor Avila [and the Town Manager] to negotiate the interest.
VOTE: The vote was unanimous in favor, 5-0.
VII Old Business, continued
B. Signage Initiative, presentation and discussion
Sam Shaw and Sydney Roberts Rockefeller were present. They along with Katie Bell prepared the presentation which includes a time line, budget, detailed list/map/pictures of current signs, parking, and suggested new signage throughout the Town. Mr. Shaw explained the impetus is to improve navigation around the villages of Mount Desert. For instance, in Northeast Harbor they want people to make the loop down Main Street, turn right onto Neighborhood Road, and then take an immediate right onto Tracy Lane.
Town Manager Lunt commented that this is a thorough study of directional signage. He likes the options to pick and choose over the years what we may want done. Chairman Richardson asked if Police Chief Willis has been involved and Mr. Shaw replied not to his knowledge. Public Works Director Smith said he will want MeDOT involvement. Ms. Rockefeller suggested it may be time for a Traffic Committee meeting. Selectman Mooers noted Ms. Rockefeller came to the Board earlier with signs identifying the villages; this seems an appropriate place to start. He strongly encouraged the Board to not drop the ball and start the process. Selectman Shubert asked if there is a group that controls the appearance of signs. Town Manager Lunt suggested the Board of Selectmen can
task any committee, such as the Traffic committee; or ask the Village Improvement Societies for assistance.
MOTION: Selectman Shubert moved, seconded by Selectman Mooers, to ask the Traffic Committee to work with the presenters [Sam Shaw, Sydney Roberts Rockefeller, and Katie Bell] to take this process further in anticipation that eventually the town will contribute to part of the cost of the signs.
DISCUSSION: Public Works Director Smith suggested the Board might want to solicit more members for the Traffic Committee; in the past it has been hard to get a quorum. Ms. Rockefeller reminded the Board that a traffic study was done a few years ago; it might be worth looking at. Discussion continued on the merits of the information and how to prioritize. Selectman Mooers expressed his thanks to the folks who presented this material; it is very well done. Board heartily greed.
VOTE: The vote was unanimous in favor, 5-0.
Mr. Shaw asked who decides about parking issues, and Chairman Richardson stated that needs to be looked at by the Police Department.
VIII New Business, continued
A. Proposed LUZO change for Directional Signs
Town Manager Lunt explained that typically changes to the Land Use Zoning Ordinance (LUZO) are proposed by the Planning Board; however, when asked to address this issue they expressed no interest. He researched and found that the Board has the authority to initiate changes and send them to the Planning Board for its recommendations; it then comes back to the Board of Selectmen who makes the decision of whether or not to include it in the Warrant. Town Manager Lunt stated he brought this forward because has had citizens approach him with concerns about the lack of signage for businesses. The proposed change to the LUZO addresses directional signs.
Selectman Shubert said he has a personal frustration that a convenience store with a gas station in downtown Northeast Harbor is struggling because we are reluctant to put up directional signs. It’s a good example of the challenge.
Town Manager Lunt asked to take off his Town Manager hat and put on his citizen hat to explain the history of the sign ordinance. It dates back to the 1970’s and the creation of our LUZO. It was a very different era; an era of billboards and fear that the Town would be overrun with commercial signs. The feeling was the Town needed to be very restrictive to prevent this from happening. The time now is significantly different.
Chairman Richardson asked Code Enforcement Office Kim Keene if the proposed change allows us to have control over what kind sign and still allow people to put in an application for a sign. She replied the proposed change covers most anything.
Selectman Mooers questioned the wording of the proposed change as regards to “ and prior approval of the Planning Board”. Town Manager Lunt explained that means the Planning Board needs to sign off on the application, if the allowed; right now they cannot sign off.
Chairman Richardson said he would like have input from the Planning Board.
MOTION: Selectman Macauley moved, seconded by Selectman Mooers, to forward the proposed LUZO change for Directional Signs to the Planning Board for deliberation.
DISCUSSION: Selectman Shubert would like to clarify the proposed language. After a lengthy discussion, Board agreed to the following:
Directional. Directional signs on roadsides within the Town of Mount Desert are permitted with the approval of the Board of Selectmen and the prior recommendation of the Planning Board, which shall be forwarded to the Selectmen by the applicant with their application for a directional sign.
The intent is to have the Board of Selectmen as the permitting authority.
VOTE: The vote was unanimous in favor, 5-0.
C. Sale of Food & Merchandise, ordinance discussion
CEO Keene explained she has had requests for selling food from a concession trailer and a hot dog cart. The Town’s Hawking & Peddling and Sale of Food & Merchandise Ordinances were repealed in 2009 which left the Town with only State regulations. She said according to MMA Legal Services, the concession trailer would be considered a restaurant. This brings up the issue of what use is allowed in which zoning district. She was under the impression that these ordinances were repealed to allow vendors in the Northeast Harbor Marina area. However, restaurants are not permitted in the Shoreland Commercial District. She is asking for guidance from the Board.
Selectman Shubert suggested the discussion start with taxes. He believes taxpayers should be on equal footing and would discourage concession and vending stands that hurt businesses that support the Town by paying taxes.
Selectman Mooers recalled that the aforementioned ordinances were repealed because they were seen as an impediment to the Marina project moving forward.
Chairman Richardson agrees with Selectman Shubert that we need to be real careful about spending time, effort, and money revitalizing Main Street, then allowing something that has not paid its dues (taxes) to undercut our merchants.
CEO Keene suggested modifying the Sale of Food & Merchandise Ordinance and presenting it to the voters again. She said currently the LUZO prohibits commercial use in the Shoreland zone. Chairman Richardson noted there is no opportunity for economic development at the marina. There is no private property; it’s all public property. Selectman Mooers said it also rules out any public/private partnership where it is in both best interests to go forward with a restaurant, for instance, where the Town gets to revitalize the marina area and improve visitation to the Town, and a private entity willing to put up the funds gets to construct a restaurant on public property which provides an attraction. The way the LUZO is written right now we can’t even begin to look at
or discuss these possibilities. If the uses were changed from excluded (x) to conditional (c) at least the Planning Board could consider uses. Chairman Richardson suggested having businesses at the marina would take away from Main Street businesses. Selectman Dudman disagreed. She said the more opportunity the better. Businesses at the marina are a draw to the entire town. Selectman Macauley said he thinks vending carts around the marina are not a draw and will take business away from taxpaying, small businesses. Selectman Shubert agrees with Selectman Dudman with the exception of the location; Main Street has too many empty lots now. Fill Main Street before expanding to the marina.
Board discussed having CEO Keene amend the repealed ordinances to exclude vending carts.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to instruct CEO Keene to re-write the Sale of Food & Merchandise and/or Hawking and Peddling ordinances to exclude vending carts, and to present to the Board at a future meeting. The vote was in favor, 4-1, with Selectman Dudman voting against.
D. Village Green Use, ordinance options
Town Manager Lunt referred to his memo dated December 14, 2011 and the proposed Village Green Use Ordinance crafted by Attorney James Collier. He re-capped how we got to the point of considering ordinance options for use of the Village Green. And he added that it was recently discovered that the Board already has the authority, from a 1994 town meeting vote, to enter into agreements for use of the Village Green. The Board can set parameters. Tighter controls and consistency means an ordinance. Town Manager Lunt suggested that a Super Committee, comprised of Department Heads, such as CEO Keene, Police Chief Willis, Fire Chief Bender, and Public Works Director Smith, be tasked with reviewing the proposed ordinance. More work needs to be done on the rules and regulations.
Selectman Shubert wondered if the proposal could be a policy rather than an ordinance. It was agreed that it could, but it wouldn’t have the same impact.
Selectman Shubert suggested since the Board has set policies, that this proposal can be cleaned up and adopted as a policy. Town Manager Lunt said the question is does the Board want the voters to weigh in. Chairman Richardson said he prefers voter input. Selectman Macauley thought the voters elected the Board to make this type of decision.
MOTION: Selectman Dudman moved, seconded by Selectman Macauley, to task the Super Committee, as suggested by Town Manager Lunt, to clean up the proposed Village Green Use language for adoption as a policy. The vote was unanimous in favor, 5-0.
E. Treasurer position, recruitment options discussion
Town Manager Lunt said he would like to start the search process as soon as possible. He would like to start locally and branch out as necessary. Selectman Shubert asked if there is a job description, and Town Manager Lunt replied yes.
Board discussed options such as forming a search committee comprised of public citizens, a Board member, and staff. Selectman Shubert said he sees the Town Manager as the initial screener, then having the Board look at the short list. Selectman Shubert offered to sit in on the interviews of probable candidates. Chairman Richardson asked if other Board members would like to be involved; all deferred to Selectman Shubert.
MOTION: Selectman Mooers moved, seconded by Selectman Macauley, to appoint Selectman Shubert to be a member of the interview group along with Town Manager Lunt and a local expert (i.e. financial director in Bar Harbor), for the treasurer recruitment process. The vote was unanimous in favor, 5-0.
F. Such other business as may be legally conducted
IX Committee Meeting Reports
A. Marine Management Committee Minutes September 13 & October 11, 2011
MOTION: Selectman Macauley moved, seconded by Selectman Dudman, to acknowledge receipt of Marine Management Committee Minutes from September 13 and October 11, 201. The vote was unanimous in favor, 5-0.
B. Shellfish Conservation Committee Minutes October 4, 2011
MOTION: Selectman Macauley moved, seconded by Selectman Dudman, to acknowledge receipt of Shellfish Conservation Committee Minutes from October 4, 2011. The vote was unanimous in favor, 5-0.
X Treasurer’s Warrants
A. Approve Treasurer’s Warrant #79 in the amount of $968,529.65
MOTION: Selectman Macauley moved, seconded by Selectman Mooers, to approve Treasurer’s Warrant #79 in the amount of $968,529.65. The vote was unanimous in favor, 5-0.
XI Executive Session
A. None
XII Adjournment
MOTION: At 8:22 p.m., Selectman Mooers moved, seconded by Selectman Macauley, to adjourn the meeting. The vote was unanimous in favor, 5-0.
Respectively submitted,
John Macauley
Secretary
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