Town of Mount Desert
Board of Selectmen
Regular Meeting Minutes
November 15, 2010
A meeting of the Board of Selectmen was held this date in the Forum, Mount Desert Elementary School, Northeast Harbor Maine.
Those present included: Chairman Tom Richardson, Selectmen Chuck Bucklin, Marilyn Damon, and Rick Mooers, Town Manager Durlin Lunt, Police Chief Jim Willis, Fire Chief Mike Bender, Harbormaster Shawn Murphy, Finance Director John Graves, Assessor Kyle Avila, Code Enforcement Officer Kim Keene, Town Clerk/Recording Secretary Joelle Nolan, and members of the public. Selectman Jean Bonville was excused.
I Call to order at the conclusion of the Special Town Meeting.
Chairman Richardson called the meeting to order at 8:08 p.m.
II Minutes
A Approve minutes of June 21, 2010 and November 1, 2010 meetings.
MOTION: Selectman Mooers moved, seconded by Selectman Damon, to approve the minutes of June 21, 2010 as amended. The vote was unanimous in favor, 3-0-1. Selectman Bucklin abstained because he was absent from the meeting.
MOTION: Selectman Mooers moved, seconded by Selectman Damon, to approve the minutes of November 1, 2010 as presented. The vote was unanimous in favor, 4-0.
III Appointments
A Appoint Nicole Murphy as part-time employee for Northeast Harbor marina effective November 16, 2010 at a rate of $12.00/hr.
MOTION: Selectman Bucklin moved, seconded by Selectman Mooers, to appoint Nicole Murphy as part-time employee for the Northeast Harbor marina effective November 16, 2010 at a rate of $12.00 per hour. The vote was unanimous in favor, 4-0.
B Confirm appointment of Joelle D. Nolan as Registrar of Voters for the Town of Mount Desert.
MOTION: Selectman Bucklin moved, seconded by Selectman Damon, to appoint Joelle D. Nolan as Registrar of Voters for the Town of Mount Desert for a term of January 1, 2011 through December 31, 2013. The vote was unanimous in favor, 4-0.
IV Consent Agenda and Communications (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, Finance Director, Public Works Director, Wastewater Superintendent and Town Clerk.
B Acknowledge receipt of response to Public Works Director Smith from MDOT regarding the condition of Route 198.
C Acknowledge receipt of letter of Thank You from Bar Harbor Fire Department for assistance during a structure fire.
D Acknowledge receipt of law court decision for Eugene E. Aubry et al v. Town of Mount Desert et al.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to approve the Consent Agenda as presented. The vote was unanimous in favor, 4-0.
V Selectmen’s Reports
Selectman Bucklin recently talked with members of the Town’s Shellfish Conservation Committee about clamming in Gilpatrick Cove. Has the issue causing closure of the flats been taken care of? CEO Keene explained she has tried to resolve the issue by sending letters to all residents in the area requesting permission to dye test their toilets. Most people did not reply; for the few that did respond, she tested and did not find any evidence of dye in culverts leading to the Cove. Currently she is too busy to pursue further. The Cove is closed to clamming because testing done by Department of Marine Resources Water Quality Specialist John Fendl in 2008 showed e-coli. Town Manager Lunt suggested he could talk to Public Works Director Smith to find out potential pollution points. Selectman Mooers
stated if the flats continue testing for e-coli, we need a strategic plan to address the problem. Board agreed to have Town Manager Lunt follow up with Public Works Director Smith to inventory the sewer lines that feed into Gilpatrick Cove area.
Selectman Bucklin asked if the old fire truck is going to be stored in Seal Harbor. Fire Chief Bender replied it went there this past weekend; Seal Harbor station is the only place it fits.
Selectman Damon asked for an update on the Fire Chief’s office renovation. Chairman Richardson noted there is information in Public Works Director Smith’s monthly report – finally he was able to reach the fire marshal to discuss the egress issue, and he hopes to have an answer next month.
Selectman Damon asked for a definitive answer regarding the issue of notifying residents of the importance of having roads and driveways accessible to emergency vehicles. It was decided to put a notice on the Town’s website and to send notices with tax bills.
VI Old Business
A Request from Finance Director Graves to extend the redemption date for Butler property.
Finance Director Graves clarified that he is only asking for direction from the Board of Selectmen regarding the matter of Attorney Philip C. Worden’s letter on behalf of his clients Gary and Elizabeth Adler and their request for an extension of the deadline for Ms. Butler to pay her taxes from November 12, 2010 to December 12, 2010. Finance Director Graves did say an extension would not interfere with our process. Selectman Mooers expressed concerns about a precedent being set if we extend what has already been extended. He also has an issue with the fact that the request for extension comes from someone other than the property owner Ms. Butler. She has shown no effort to redeem herself. He would be inclined to vote against the request. Code Enforcement Keene said she has talked with the Adlers
about the land swap and easement; it is the wording of the easement that is the issue. She has not heard from Ms. Butler. Selectman Mooers wondered how Ms. Butler can negotiate an easement on land she doesn’t own. When asked, Finance Director Graves said he has not tried to negotiate with Ms. Butler. Board agreed she has had adequate time for a solution.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to extend redemption time until December 12, 2010 as requested in Attorney Worden’s letter dated November 10, 2010. The vote was unanimous against 0-4. The motion failed.
B Update on the town’s participation in the Leadership Program.
It was noted that by qualifying for and participating in the Maine Municipal Association’s Leadership Program, the Town will receive a credit on the 2011 Workers Compensation renewal package. Kudos extended to all who made this happen.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to acknowledge receipt of the most recent update and Action Plan. The vote was unanimous in favor, 4-0.
C Acknowledge receipt of training requirements for Mount Desert Fire Department Firefighters.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to acknowledge receipt of Fire Chief Bender’s memo regarding Training Requirements for Mount Desert Fire Department Firefighters. The vote was unanimous in favor, 4-0.
D Discussion of Stanley Brook Bridge Project easement.
Town Manager Lunt explained Maine Department of Transportation is requesting a temporary easement to do riprap across from the beach during the Stanley Brook bridge project. The question is can the Board of Selectmen grant the easement, or does it have to go to Town Meeting vote? Also, does the Town want financial compensation for the easement? Selectman Mooers suggested since the easement is temporary and for roadways, the Board has authority to grant. Secondly, since Town roads will be improved, it would be ill advised to charge a fee. It is not appropriate to charge for what the Town will benefit from.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to enter into a temporary easement with Maine Department of Transportation for the Stanley Brook bridge project, with no fee. The vote was unanimous in favor, 4-0.
VII New Business
A Discussion regarding County HazMat Team monetary contribution and participation in a Supplemental Environmental Project (SEP) with Ellsworth Fire Department.
Town Manager Lunt referred to memos and other information provided by Public Works Director Smith. The issue stems from a $16,606 penalty DEP is proposing to assess the Town for violated sections of the wastewater treatment plan discharge license at the Somesville facility in 2009, and the ensuing consent agreement.
The proposed participation in a Supplemental Environmental Project (SEP) would expend $11,806 of the penalty; the remaining $4,800 is proposed to be suspended and payable only in the event that the two Somesville pump stations are not upgraded as stated in the consent agreement. A SEP is a project that primarily benefits public health or the environment that persons charged with a violation are not otherwise obligated or likely to perform. The DEP prefers the SEP to benefit a community other than the violator’s, but does not preclude the violator from receiving some direct or indirect benefit. The proposed Hancock County HazMat Accountability Training Program meets these requirements. Town Manager Lunt recommends accepting the proposal.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin to accept the concept of participating in a SEP with the Ellsworth Fire Department. The vote was unanimous in favor, 4-0.
B Award Highway Garage roof structural improvements bid to AB & JR Hodgkins.
Chairman Richardson asked if the roof replacement will allow insurability. Town Manager Lunt replied we are unsure at this time; however this remains a safety issue.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to award the bid for highway garage roof structural improvements to AB & JR Hodgkins in the amount of $10,220.00. The vote was unanimous in favor, 4-0.
C Discussion of proper notification regarding re-zoning ordinance changes.
CEO Keene explained that when the Town adopted, at the November 16, 2009 Special Town Meeting and again at the May 4, 2010 Annual Town Meeting, the mandated State of Maine Shoreland Zoning Ordinance into the Town of Mount Desert Land Use Zoning Ordinance (LUZO), by amendments, and updated the Town’s Official Zoning Map, notification to residents in areas affected by the changes may not have been properly done. The LUZO is more restrictive than state law in its provisions for notifying owners of land affected by Shoreland zoning changes. It is unknown why the Town’s Planning Consultant at the time did not recognize this issue.
It is the recommendation of Town Attorney James W. J. Collier that the Town considers readopting the LUZO amendments and the changes to the Town’s zoning map, and giving the appropriate notice required under both state statutory law and by the LUZO. CEO Keene said she agrees with the recommendation; however, she is extremely busy with requirements more directly related to her duties as Code Enforcement Officer/Building Inspector and Plumbing Inspector. The readoption is a big project. A Planner is needed and she recommends hiring Noel Musson. He is fully qualified.
Chairman Richardson asked if the project can be done by February, and CEO Keene replied yes. She also noted that the Town has conditional approval from DEP. Chairman Richardson asked what the cost would be to hire Mr. Musson. CEO Keene said she needed to talk with Town Manager Lunt to determine. They will have a proposal for the December 6 Board meeting.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to table this agenda item until December 6, when the CEO will present a proposal. The vote was unanimous in favor, 4-0.
D Request to Town from Somesville Village Improvement Society to build and or fix existing sidewalks in Somesville on Route 102.
Chairman Richardson suggested tabling until Public Works Director Smith is available. Selectman Bucklin said there needs to be a discussion on the entire town’s sidewalks.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to table this agenda item until Public Works Director Smith is available. The vote was unanimous in favor, 4-0.
E Discussion with Town Manager Lunt about Town Employee Holiday party.
Town Manager Lunt explained this is in regards to the annual holiday lunch provided by Mr. Butt. Reconfiguration of the Town Hall Meeting Room makes it too small to hold the event. Anne-Marie Hart of the Neighborhood House graciously offered its use free of charge. Town Manager Lunt is asking to close the Town Office for a few hours to allow as many personnel as possible to attend. Citizen and volunteer firefighter Tom Wallace wondered why volunteer firefighters were not invited. Town Manager Lunt said last year he was told the party was only for fulltime employees. Fire Chief Bender interjected that he too was told no when he inquired about inviting firefighters. Town Manager Lunt said including the firefighters would put the count up to 60 (from 45). It was agreed to include all Town
employees. Selectman Damon said she will consult with the caterer to ensure the added number can be accommodated; however she does not foresee any problem.
Police Chief Willis said he reluctantly must ask if essential personnel required to work, while others are paid for the time attending the party, will be compensated. He said he has a few employees that will make an issue of this. Town Manager Lunt suggested taking it on a case-by-case basis. Selectman Mooers suggested offering the party to all non-essential and those who have to work receive compensation. Not all Board members agreed that non-attending employees be compensated.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to close the Town Office for two hours from noon to 2:00 p.m. on December 17, 2010 to allow employees to attend a holiday party, and said party be open to all Town employees. The vote passed, 3-1, with Chairman Richardson voting against.
VIII General Issues
A Municipal Review Committee Board of Directors Election Ballot.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to cast the Boards’ vote for Charles (Chip) Reeves to serve on the Municipal Review committee Board of Directors for a three year term beginning January 1, 2011. The vote was unanimous in favor, 4-0.
B Acknowledge receipt of monthly financials, Revenue Report, Expense Report and General Ledger.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to acknowledge receipt of monthly financials, revenue report, expense report, and general ledger for October 2010. The vote was unanimous in favor, 4-0.
C Budget for fiscal year 2011-2012, discussion
Town Manager Lunt asked the Board for guidance before starting the budget process with the Department Heads. Selectman Mooers said he does not want to constrain the Department Heads by asking for a zero increase to the budget; let the Department Heads be responsible for requesting what they need. He stated it is ill advised to ask for a zero budget increase year after year. Chairman Richardson agreed that Department Heads need to make realistic requests for what they feel they need. He, also, is reluctant to see a zero based budget. Selectman Bucklin agrees, too; there are projects that need to be done. Selectman Damon agrees.
D State Building Codes, discussion
Tom Wallace asked for a discussion regarding the upcoming new State Building Code. Board agreed to add to the December 6 agenda. Town Manager Lunt commented that if the recent census reports the Town’s population as under 2000, the repercussions will be minor.
IX Committee Meeting Reports
A None
X Treasurer’s Warrants
A Approve Treasurer’s Warrant #39 for $677,664.82.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to approve Treasurer’s Warrant #39 for $667,664.82. The vote was unanimous in favor, 4-0.
XI Executive Session
A None
XII Adjournment
MOTION: at 9:14 p.m., Selectman Bucklin moved, seconded by Selectman Mooers, to adjourn the meeting. The vote was unanimous in favor, 4-0.
Respectfully submitted,
James F. Mooers,
Vice Chair
Secretary Pro Tem
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