MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, December 6, 2010
A meeting of the Board of Selectmen was held this date in the Town Hall Meeting Room, Northeast Harbor ME.
Those present included: Chairman Tom Richardson, Selectmen Rick Mooers, Chuck Bucklin, and Marilyn Damon, Town Manager Durlin Lunt, Public Works Director Tony Smith, Fire Chief Mike Bender, Shawn Murphy Harbor Master, James Willis Police Chief, Recording Secretary Jennifer McWain, and members of the public. Selectman Jean Bonville was excused.
Call to order.
Chairman Richardson called the meeting to order at 6:30PM
Minutes
A.~~~~~~~ Approve minutes of regular meeting of November 15, 2010.
Selectman Mooers moved to approve the minutes as presented, seconded by Selectman Bucklin. The motion was approved 4-0.
Appointments and Public Requests
A.~~~~~~ Appoint Justin M. Brouty as part time Police Officer effective December 7, 2010 at a rate of $14.50/hr.
~~~~~~~~~ Selectman Mooers moved to appoint Justin M. Brouty as part time Police Officer effective December 7, 2010 at a rate of $14.50/hr., seconded by Selectman Bucklin. The motion was approved 4-0.
B. Appoint Steve Bernard as Recycling Center Attendant effective December 7, 2010 at a rate of $12.00/hr.
Selectman Bucklin moved to appoint Steve Bernard as Recycling Center Attendant effective December 7, 2010 at a rate of $12.00/hr, seconded by Selectman Mooers. The motion was approved 4-0.
C. Appoint Joanne Robbins Eaton to the Warrant Committee.
Selectman Bucklin moved to appoint Joanne Robbins Eaton to the Warrant Committee, seconded by Selectman Damon. The motion was approved 4-0.
Selectman Mooers reminded the Board that Michael MacDonald’s application for the Warrant Committee was tabled until the fall from a spring meeting. Selectman Mooers wasn’t sure if the Board had taken any action or if Mr. MacDonald had withdrawn his application. Chairman Richardson mentioned that Selectman Bonville had some concerns and moved to postpone the appointment. Chairman Richardson asked the Board if they wanted to table this discussion until Selectman Bonville could be present. The Board of Selectmen agreed to table the item. No action taken.
D. Discussion with Noah Hodgetts regarding ReStoreNEH Proposed LUZO changes.
Noah Hodgetts and Sam Shaw were present to give the Board an informational presentation regarding ReStoreNEH proposed LUZO changes. The group is targeting their efforts with the goal of amending setbacks, permitted uses, and dimensional standards in the Village Commercial and Shoreland Commercial Districts.
Mr. Hodgetts said that the group was concerned with the widths of the downtown sidewalks and the multiple lots that sit vacant because of the fire two summers ago. The group seeks to remedy this by proposing changes in the setback distances and lot coverage. The group is also exploring ways to increase mixed use development downtown, with increased public use of the marina.
Chairman Richardson asked Mr. Shaw if the town’s Revitalization Committee and ReStoreNEH are working together on this project and if this is a creation of a discussion between the groups. Mr. Shaw stated that the group that he represents, ReStore NEH, is specifically interested in Northeast Harbor. Chairman Richardson stated that he would like to see what recommendations come out of the Revitalization Committee because they are looking at town wide LUZO changes. He would like to make sure there are no conflicts
with what ReStore is planning to do. Mr. Shaw said that his group would like to see this item on the warrant for the 2011 Town Meeting.
IV.~~~~~~ Consent Agenda
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A.~~~~~~~ Acknowledge receipt of letter from Harbor Master Murphy to Mr. David Reis regarding launch service in Northeast Harbor.
B.~~~~~~~~Acknowledge receipt of letter from Dept of Education regarding Audit deadline reminder.
C.~~~~~~~ Acknowledge receipt of resignation letter from Volunteer Firefighter Fred Lippucci.
D.~~~~~~~ Acknowledgement of League of Towns Agenda and Minutes for November 23, 2010, meeting.
E. Acknowledgment of general information from Town Manager Lunt regarding statutorily required municipal services in Maine.
F. Acknowledge receipt of letter of Thank You for courteous service from Action Septic Service and Code Enforcement Office Keene.
G. Acknowledge receipt of letter from Thompson & Bowie LLP regarding outstanding issues for Christopher Allen. Et al. v Town of Mount Desert. Et. Al.
H. Acknowledge receipt of monthly department reports; Assessing, Finance, Fire and Police.
I. Acknowledge receipt of letter Town of Mount Desert’s General Assistance Appendixes on file with Dept of Health and Human Services.
J. Acknowledge receipt of letter from Bergen & Parkinson, LLC regarding Aubry v. Town of Mount Desert, Law Court Docket No: Han-10-177.
K. Acknowledgement of MMA’s annual Membership Report for Workers Compensation Fund.
L. Acknowledge receipt of letter of donation from Atwater Kent Foundation.
M. Acknowledge receipt of letter of donation from the Summer Residents Association.
N. Acknowledgement of letter of Thank You to Summer Residents Association for donation for videoconferencing project.
O. Acknowledge receipt of letter from Dept of Treasury regarding the Town’s tax exempt bond form.
P. Acknowledge receipt of Special Town Meeting Minutes, November 15, 2010.
Regarding Item A., Harbor Master Murphy stated that the Marine Management Committee had originally recommended that the Northeast Harbor Fleet offer the launch because they were at a point that they could offer the service. Mr. Murphy wasn’t sure that the offer was still available with the Fleet, and he now plans to re-contact Mr. Reis regarding his offer to purchase a launch for the Harbor. Mr. Murphy will come back to the Board with an update. No action taken.
Selectman Mooers moved to acknowledge the Consent Agenda items A-P as presented, seconded by Selectman Damon. The motion was approved 4-0.
Chairman Richardson asked if a letter had been sent to the Atwater Kent Foundation thanking them for their donation. Town Manager Lunt acknowledged that a letter had been sent.
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V.~~~~~~~ Selectmen Reports ~~
Selectman Mooers stated he thought Code Enforcement Officer Keene would be at this meeting with further information on what it cost to hire a planner to do the Shoreland Overlay. Chairman Richardson stated that there was some information in the Selectmen’s packet with figures, but a discussion with CEO Keene was needed.
Selectman Damon had questions on some of the street lights in town, and asked who does one contact to have them fixed? Police Chief Willis explained that Dispatch keeps a list of problematic street lights and then notifies Bangor Hydro.
Selectman Damon also inquired if Route 198 would be fully paved. Public Works Director Smith said that MDOT is planning to spend the entire $87,000 to pave with a “skinny mix” from the Eagle Lake intersection to Shady Hill.
Selectman Damon asked about follow up regarding the Somesville sidewalks from the request by the Village Improvement Society; she noted that there wasn’t any information in the packet. Chairman Richardson stated that the Somesville sidewalks and the State Building Codes were items that were tabled to this meeting, but the items were omitted and hopefully will be on the next agenda.
Selectman Bucklin stated that at the Board’s last meeting Tom Wallace had asked to discuss at this meeting the State Building Codes; that take effect in December 2010. Selectman Bucklin stated that he wanted to know how the codes would affect the Town. Chairman Richardson stated that the Town is waiting for the census figures, because we might not be mandated based on our population. Selectman Bucklin said he would like to see the building code as an agenda item at the next meeting.
Selectman Bucklin also inquired about the Veteran’s Memorial on the Village Green; specifically when it was accepted by the Town. Would the new harbor parking plan impede on the Veterans Memorial Park space. Public Works Director Smith stated that he had researched the issue and read the Board minutes from 1994; the minutes do not specify the Village Green from the Memorial Park. Public Works Director Smith will provide the Board with a copy of the minutes for the next meeting.
VI.~~~~~~ Old Business ~
A.~~~~~~~ Discussion of formal response to the proposed Consent Agreement relating to the Somesville Wastewater Treatment Plant.
Public Works Director Smith stated that the proposed Consent Agreement is moving forward; the Town is requesting that a portion of the penalty be suspended, and be due and payable only in the event that the Town does not complete its alarm installations at the two pump stations tied to the Somesville treatment facility. The remaining portion of the penalty is proposed to be paid through a Supplemental Environmental Project (SEP). The Town would provide the Hancock County Hazmat Team with funding to implement a county-wide Accountability Training Program. No action taken.
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B. Discussion of League of Towns Municipal Collaboration Meeting.~~
Town Manager Lunt stated the League of Towns Municipal Collaboration will meet again in March; he was not sure of the date. Citizen Sumner Rulon-Miller asked Chairman Richardson if he felt that the Town was benefiting from the group meetings. Chairman Richardson commented that he felt the meetings were helpful and it never hurts to try and find ways to save money.
C. Discussion with Public Works Smith regarding the inventory of clam-flat pollution in Gilpatrick Cove.
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Public Works Director Smith stated that the clam flats in Gilpatrick Cove are closed indefinitely because of treatment plants. Selectman Mooers stated that he wasn’t concerned with the location of treatment plants near the cove. His concern was the discovery of E. coli in two different locations in the cove; one near the fleet, and at the other end of the cove. Code Enforcement Officer Keene did dye test some houses in the area. At the time she did testing, many of the houses were closed for the season. Selectman Mooers questioned the possibility of a fractured pipe leaking before it even reaches a processing plant. Public Works Director Smith suggested testing in the summer when houses would be open, there would be more
flow in the sewer lines, and expanding the testing area to include Rock End Road, South Shore Road and Maple Lane and other surrounding streets. Selectman Mooers suggested that the Board move this issue to follow up this summer. Chairman Richardson asked if this was just to get Gilpatrick Cove open. Selectman Mooers pointed out there was also E.coli. Tabled, no action taken.
D. Discussion of memo regarding Fire Chief’s second means of egress.
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Public Works Director Smith asked the Board how he and Fire Chief Bender should proceed, referring to the 3-D drawings regarding the design of a means of egress from Fire Chief Bender’s office. Public Works Director Smith stated that he was seeking authorization to solicit competitive bids for the construction of the stairs. Following discussion of the loss of more meeting space in the Town Office Selectman Mooers moved to provide authorization to proceed to get cost estimates, seconded by Selectman Damon. The motion was approved 4-0.
VII.~~~~ New Business
A. Driveway Access for Emergency Vehicles memo from Fire Chief Bender.
Fire Chief Bender asked the Board if the memo was to their liking. The Board agreed. Selectman Bucklin asked if the memo would be posted to the Town’s website. Fire Chief Bender stated that the original notice is on the Fire Department’s home page of the Town’s website, and this notice would go on the bulletin board. Selectman Mooers stated that the Town is being proactive in making people aware of the safety concerns regarding their personal property. No action taken.
B. Authorize to accept and release of funds for 2010 Acadia National Park Rural Fire Assistance Grant.
Selectman Mooers moved to authorize acceptance and release of funds for 2010 Acadia National Park Rural Fire Assistance Grant, seconded by Selectman Damon. The motion was approved 4-0.
C. Discussion with Fire Chief Bender regarding the planned purchase of the department’s new tanker.
Fire Chief Bender stated that the department was discussing the planned purchase of a new tanker in the next six months. Fire Chief Bender said that with limited availability of manpower and space, the department was considering trading the existing tanker for two smaller tankers. Chief Bender stated that he was seeking guidance from the Board because he knew that there was talk about changes to the Public Safety building and regionalization. He just wanted make sure that everyone was on the same page for the direction of the department 5-10 years down the road. Chairman Richardson stated that he wasn’t concerned about purchasing equipment that is needed right now. Chairman Richardson said that he couldn’t answer the question about the direction of the department, circumstances change.
Firefighter Wallace asked would there be a possibility of adding another bay to the Northeast Harbor station. Chairman Richardson stated that was unlikely. Public Works Director Smith asked if it was ever considered to offer to build a building for the ambulances that are in one of the fire bays. Selectman Mooers pointed out that he had suggested that eight months ago, and it is a potential solution. Chairman Richardson and Town Manager Lunt will set up a meeting with ambulance president Scamp Gray to start talking about another space with possible town funding. Chairman Richardson asked if Chief Bender could stall with his fire truck vendors, Chief Bender agreed that it was worth waiting to see how the meeting went. No action taken.
D. Discussion and possible acceptance of CES proposal for Planning Services for Shore land Ordinance Amendments.
Selectman Mooers moved that this agenda item be tabled until Code Enforcement Officer Keene would be available, seconded by Selectman Bucklin. The motion was approved 4-0.
Public Works Director Smith referred to page 5 of the CES proposal for services and that it would need to be revised because of the postponement.
E. Discussion with Public Works Director Smith regarding Drainage Swale- Seal Harbor Beach Parking Lot.
Public Works Director Smith stated the swale is located at the northeast corner of the Seal Harbor beach parking lot. Superintendent Poors met with DEP. The drainage swale is in a wetland area, and is too close to the high water mark of the ocean. DEP stated that the Town would have to file for a permit, and there is no guarantee that the Town would be granted the permit. Selectman Mooers stated that he could not see spending the $1,200. There was no motion, no action taken.
F. Discussion of Town of Mount Desert participating in the Property Assessed Clean Energy (PACE) Ordinance.
Town Manager Lunt explained that there were two ordinances that need a town vote to be accepted. In order for homeowners to be eligible to get a PACE loan up to $15,000 to make energy efficiency improvements on their property, the town must pass a PACE ordinance per the LD1717 state law that was passed last April. There was no motion, no action taken.
G. Discussion of Budget Development Schedule.
Town Manager Lunt reported he plans to have all Department Heads proposed budgets by December 15th. He felt that he was pretty much on schedule. No action taken.
H. Discussion with Town Manager Lunt regarding Capital Improvement Plan.
Town Manager Lunt introduced the Capital Improvement Plan Inventory. When he receives all of the data from the department heads he will give an overall presentation.
VIII.~~~ General Issues
A. Acknowledge receipt of monthly financials, Revenue Report, Expense Report and General Ledger.
Acknowledge receipt of monthly financials. No action taken.
IX.~~~~~~ Committee Meetings Reports
A. Mount Desert Salary Survey Committee minutes from October 21, 2010.
Acknowledged receipt of Mount Desert Salary Survey Committee from October 21, 2010, no action taken.
X. ~~~~ Treasurer’s Warrants
A. Approve Treasurer’s Warrant #47 for $713,391.50 and #48 (RWWS payments) for $159,809.00.
Selectman Mooers moved to approve Treasurer’s Warrant #47 for $713,391.50, seconded by Selectman Damon. The motion was approved 4-0.
Selectman Mooers moved to approve Treasurer’s Warrant #48 (RWWS payments) for $159,809.00, seconded by Selectman Bucklin. The motion was approved 4-0.
XI.~~~~~~ Executive Session
None
Selectman Mooers moved to adjourn at 8:25PM, seconded by Selectman Bucklin. The motion was approved 4-0.
Respectfully submitted,
James F. Mooers,
Vice Chair
Secretary Pro Tem
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