Town of Mount Desert
Board of Selectmen
Regular Meeting Minutes
December 20, 2010
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, Assessor Kyle Avila, Fire Chief Mike Bender, Harbormaster Shawn Murphy, Finance Director John Graves, Town Clerk/Recording Secretary Joelle Nolan, and members of the public.
I Call to order at 6:30 PM
Chairman Richardson called the meeting to order at 6:30 p.m.
II Minutes
A Approve minutes of December 6, 2010 meeting.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to approve the minutes as amended from December 6, 2010. The vote was in favor, 4-0-1. Selectman Bonville abstained; she was not present at the meeting.
III Appointments
A Appoint Amilie Bacon as full time Firefighter effective January 3, 2011 at hourly rate of $15.23, increasing to $16.00 per hour after successful completion of a six month probationary period.
Selectman Damon asked to table the appointment until the Public Protection Committee (PPC) and Salary Survey Committee have met to review the job description and salary. Mary Lee Bayne, PPC member, explained that Chief Bender had planned to discuss the appointment with the PPC at its last meeting; however due to scheduling problems he could not attend. She expressed concerns that the position will not maintain the status quo regarding the recruitment and retention of volunteers.
Selectman Mooers suggested that since this is the position that was approved at a recent Special Town Meeting there is no reason to table.
Ms. Bayne pressed her point that if the Fire Department continues to lose volunteers, will the full-time Firefighter position and/or Fire Chief Bender work on recruitment. Town Manager Lunt explained that the newly created firefighter position job description is not the same position as the prior Americorp. He went on to say that although money set aside for an Americorp position is being used to fund the firefighter position, the job descriptions are different. Fire Chief Bender stated the Board of Selectmen already approved to create this position and to move funds to fund it; also, the position was approved by the voters at the Special Town Meeting. He noted there was a lengthy interview process with three good prospects, all from in-house. Chairman Richardson said he appreciates Ms. Bayne’s concerns;
however this position has its own job description. Selectman Bonville stated there is money until June 2010 to fund the firefighter position.
Sumner Rulon-Miller, a PPC member, said retention and recruitment of volunteers is very important. The PPC was hoping to hear from Fire Chief Bender at its 12/17 meeting how he was going to promote retention and recruitment of volunteers. Mr. Rulon-Miller noted he also serves on the Salary Survey Committee and they have found a great deal of information on firefighter volunteerism. Selectman Bucklin asked if the firefighter works over 40 hours from fighting a fire will overtime be paid? Fire Chief Bender replied yes.
MOTION: Selectman Mooers moved, seconded by Selectman Bonville, to appoint Amilie Bacon as full-time firefighter effective January 3, 2011 at an hourly rate of pay of $15.23, increasing to $16.00 per hour after successful completion of a six-month probationary period. The vote was unanimous in favor, 5-0.
B Appoint Linda Mitchell to the Mount Desert Housing Authority Board for a five year term effective December 13, 2010.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to appoint Linda Mitchell to the Mount Desert Housing Authority Board for a five year term effective December 13, 2010. The vote was unanimous in favor, 5-0.
C Resident John Stanley requests review and discussion of the Rural Wastewater Support Program.
Mr. Stanley was present and confessed his real estate tax payment might have been mailed late; however, his check was dated in a timely manner. He didn’t realize there would be a $600 penalty [by not receiving his RWWSP check]. Town Manager Lunt explained the process of how residents qualify for RWWSP checks. The policy is not discretionary. The Town Office does not have the authority to make exceptions. Selectman Bonville asked how the reimbursement check figure was arrived at. Town Manager Lunt said the amount approved at Town Meeting was divided by the number of recipients. Selectman Bonville thought a formula using a cost of living percentage was involved. To Mr. Stanley she explained that the dollar amount is approved at Town Meeting each year and how residents qualify for payment. She also noted that the Rural Wastewater Support Program ordinance was approved at Town Meeting. Mr. Stanley suggested that people hooked up to the sewer system are not penalized [if their
taxes are late, they do not lose $600]. He also said he thought the benefit money should just be subtracted from his real estate taxes. Citizen Anne Funderburk, who served on the committee that created the RWWSP, explained it is a grant program to recognize the unfairness of taxing residents for something that is not accessible. Mr. Stanley said he understands that; however, he maintained those hooked to the sewer system are not penalized to the same extent as those in the RWWSP. Selectman Bucklin suggested that taxpayers be called if a tax payment results in interest due. Selectman Mooers thought the application of the process was in conflict with spirit of law [ordinance]. He likened it to a credit card payment in which if the check is written on time, late fees are waived. Chairman Richardson asked for clarification: was the check written on September 1 for the full tax payment? Mr. Stanley replied yes. Selectman Bonville
said she agrees with Selectman Mooers. And she agrees with Selectman Bucklin that Mr. Stanley should have been notified sooner that his payment was not made in full. Selectman Bonville thinks a similar exception has been made before. Selectman Mooers agreed.
MOTION: Selectman Mooers moved, seconded by Selectman Bonville, to award, in holding up the spirit of law, the 2010 RWWSP payment to Mr. Stanley. The vote was unanimous in favor, 5-0.
Citizen Jim Bright said Selectman Bonville is correct regarding the way the RWWSP payment is calculated. The original premise was to provide compensation for the cost of installing/replacing a septic system over a period of several years.
Mr. Stanley asked if there was any progress in having high speed internet service for Pretty Marsh, and was told no.
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 reports; Code Enforcement, Fire, Public Works Highway, and Wastewater.
B Acknowledge receipt of letter from Maine DEP regarding the Administrative Consent Agreement with the Town for violations at the Somesville Wastewater Treatment Plant.
C Acknowledge receipt of Noah Hodgett’s email to Planning Board regarding ReStoreNEH Proposed Ordinance Language.
D Town Manager Lunt’s updated conversation with Somesville VIS Tom Fernald requesting outlining specific sidewalks that were in need of repair.
Selectman Mooers moved, seconded by Selectman Bucklin, to remove item D for discussion. The vote was unanimous in favor, 5-0.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to accept Consent Agenda items A – C as presented. The vote was unanimous in favor, 5-0.
Tom Fernald, Somesville VIS member, was present and spoke to the issue. He stated many sidewalks in Somesville are unsafe; they are often level with the road and very uneven. Selectman Bucklin asked if the area referred to was from Bar Harbor Bank & Trust to the Somesville Firehouse; Mr. Fernald replied perhaps not that far. Selectman Damon asked if the sidewalk from the Firehouse to Beech Hill is the Town’s, and the reply was yes. Selectman Bucklin stated all Town sidewalks need to be looked at. Carroll Fernald, Somesville citizen, said the grates in the roads are dangerous. It was thought those were the responsibility of the State. Jean Fernald, Somesville citizen, said the crossing at the Somesville Library is bad; and she has seen many dangerous situations on the corner of Oak Hill Road
and Main Street. Chairman Richardson commented that Otter Creek and Seal Harbor have similar problems. Tom Fernald suggested that if the State would grind the road, that would correct the man hole problem and the road being level with the sidewalk. Selectman Bucklin asked if re-setting the curbing stones would help; Mr. Fernald replied yes, but, maintained that grinding the road was the better solution. Selectman Bucklin asked Town Manager Lunt to find out where the curbing stones went when the Seal Harbor sidewalks were re-done. Mr. Fernald asked how the VIS can help. Chairman Richardson said they first need to talk with Public Works Director Tony Smith to see what funds are in the budget for sidewalks. He asked Mr. Fernald to leave a copy of his written request with Town Manager Lunt, who in turn will discuss with Public Works Director Smith. Selectman Damon suggested Public Works Director Smith inventory the sidewalks in each
village, then prioritize what needs to be done. Anne Funderburk said she has worked directly with MEDOT, using contact information given to her by Public Works Director Smith; she suggested the VIS do the same.
MOTION: Selectman Bonville moved, seconded by Selectman Bucklin to accept Consent Agenda item D. The vote was in favor, 4-0 (Selectman Mooers was excused for several minutes).
V Old Business
A Discussion with Warrant Committee Chairman Bill Ferm regarding the role of the 2011 Warrant Committee and review budget time tables.
Town Manager Lunt asked the Selectmen for a schedule to give to Department Heads. The overall budget will be presented at the January 3, 2011 Board meeting. The Board indicated it would then decide on a schedule, starting with the January 18 meeting. Chairman Richardson requested the budget ASAP. Town Manager Lunt said he will send it out this week.
Warrant Committee Chairman Bill Ferm told the Board this is the third year that the Warrant Committee will be experiencing a different format. Rather than 9 subcommittees, they have been reduced to three: public education, general government, and ROPE. The members of these three sub-committees attend various related meetings (School Board, Board of Selectmen, Planning Board, etc.) and report back to the full Committee. He suggested that having draft budgets sent to the sub-committees at the same time they are sent to the Board of Selectmen would be helpful (allowing sub-committee members time to attend meetings); also having ROPE kept in the loop regarding any proposed Land Use Zoning Ordinance (LUZO) changes. The Warrant Committee’s general philosophy is that it can have the maximum impact by attending these
various meetings. Chairman Richardson stated the Warrant Committee will be kept informed.
B Discussion with Town Manager Lunt regarding the Capital Improvement Plan and developmental budget schedule.
Town Manager Lunt gave a brief outline of the budget by presenting a slide show with the assistance of Assessor Kyle Avila. Currently, the budget growth is 5.8%; or 2.9% over two years. The CIP is included. Debt service is 13%. An inflation factor of 1.5% is being used for salaries. Health insurance increased 9.5%; however, the Workers’ Compensation policy rebate is at 6%. Some of the CIP Fun Facts presented: $42,652,920 in capital assets; $1,601,548 in reserves; 10% of the CIP assets are in the Fire Department; 86% of the CIP assets are in Public Works, and of that 95% is in structures (treatment plants). Roads are a major part of the budget. The valuation offset of new construction and/or renovation was 2.5% during the years of 2008-2010 and equaled $150,000 in revenue
increase.
C Discussion with Code Enforcement Officer Kim Keene regarding the new Building Codes.
Chairman Richardson thanked Code Enforcement Officer Kim Keene for coming to the meeting, even though she is on vacation. Chairman Richardson asked Board members if the information in their packets provided answers to their questions. Selectman Bucklin said he is still looking for an answer to the population questions. Town Manager Lunt replied it looks like the Town’s population [from the 2010 census] will be over 2000. CEO Keene went on to explain how the new State law impacts the Town of Mount Desert: in a municipality that has more than 2,000 residents and that has not adopted any building code by August 1, 2008, the Maine Uniform Building and Energy Code must be enforced beginning July 1, 2012; however, all buildings statewide must comply with the new Code beginning December 1, 2010. She went on
to say that contractors must now comply but there will be no inspections until July 1, 2012.
CEO Keene said she will be coming to the Board before July 1, 2012 asking who will be doing the inspections – the Town’s CEO, or will property owners be required to hire a third party for occupancy inspections. Selectman Mooers suggested that residents may not want to be faced with the additional cost of hiring a third party when they are already paying taxes in support of a CEO position.
CEO Keene reported she has been told that banks and insurance companies will not accept applications for uninspected properties. She said any permits she issues now will contain a disclaimer regarding the new laws and inspections. Selectman Bonville suggested the wording of the separate disclaimer hand-out be reviewed by Maine Municipal Association Legal Services. CEO Keene also wondered if it is necessary to request that any plans received be stamped by an architect verifying the plans meet the new IBC/IRC/IEBC/IECC. This would be an added expense to the homeowner.
CEO Keene stated that at its last meeting the Board tabled her request for planner assistance with the Shoreland Zoning standards within the Land Use Zoning Ordinance. Since Noel Musson, a planner with CES, Inc., is present, she asked the Board to consider his proposal. Mr. Musson’s proposal dated November 23, 2010 was reviewed; and Mr. Musson assured the Board that the proposed $4750 will cover what needs to be done.
MOTION: Selectman Mooers moved, seconded by Selectman Bonville, to accept the CES, Inc. proposal for services with the Shoreland Zoning amendments within the Land Use Zoning Ordinance . The vote was unanimous in favor, 5-0.
D Selectman Bucklin requested review and discussion of Joseph T. Musetti Veterans Memorial Park agreement.
It was determined the information included in this packet was incomplete. The issue was addressed at an Annual Town Meeting, probably in March 1995.
MOTION: Selectman Bonville moved, seconded by Selectman Bucklin to table discussion of the Joseph T. Musetti Veterans Memorial Park agreement until information is made available from the Annual Town Meeting. The vote was unanimous in favor, 5-0.
E Discussion of proposal from Jillaine Butler regarding unpaid taxes on property.
Chairman Richardson asked Finance Director Graves for an explanation. Finance Director Graves described the events leading to this latest request: several weeks ago, after foreclosure of the property, the Board gave Ms. Butler a 60 day extension to pay her taxes, which was not met; a further extension was requested which the Board denied. Now she is asking for time to pay her taxes and redeem her property. Finance Director Graves said this comes from the Town’s attempts to gain access to property; papers have not been served.
MOTION: Selectman Mooers moved, seconded by Chairman Richardson that since the redemption period has passed and the Town is free to sell the property, and given that the Town is not in the real estate business, and given that Ms. Butler can pay the taxes, the Town will sell the property back to Ms. Butler for the amount of taxes owed plus all expenses incurred by the Town. If said amount not paid in 30 days, the Town shall proceed to perfect the lien and list the property to sell.
Discussion: It was suggested to include next year’s taxes. Selectman Bonville disagreed and thought it best to collect current taxes plus all expenses, to date. Selectman Bonville said she still doesn’t understand why the Town has to go through a lawyer to take the property. If all necessary paperwork was done in a timely manner, the Town now owns the property. Finance Director Graves said it’s a matter of eviction. Selectman Mooers insisted the only entity that can extend due process is the court of law. Selectman Bonville asserted due process is the lien process. Selectman Mooers said the lien process is administrative which a judge will use to review due process.
Selectman Bonville said she wouldn’t give 30 days. Chairman Richardson said he changed his mind; the Town should take the property and sell it. Selectman Damon agreed. Selectman Mooers stated in essence the property is up for sale until lien is perfected. He said the offer has been made, do we want to accept.
The vote was in favor 4-1, with Chairman Richardson voting nay.
Reverting to a prior discussion of road conditions, Citizen Jim Bright requested that the Town not contribute to the repair of Sound Drive if the State is only going to resurface. The road is very unsafe; and the Town will end up maintaining it. He is asking the Town to fight the State. Selectman Mooers thought the funds were left over MEDOT, not Town money. Selectman Bonville said the funds are both State and Town. Town Manager Lunt will have Public Works Director Tony Smith present at a future meeting to discuss..
VI Selectmen’s Reports
Selectman Damon asked that something be done about the appearance of the remaining trees [from the clearing done to enhance the water view] along the upper parking lot [above the Town Hall]. The way the remaining trees are chopped off looks ridiculous.
Selectman Damon suggested the Town public works crew sand sidewalks in front of churches on Christmas Eve. It was noted the crew will not be working that day.
Selectman Damon asked about the status of the discount prescription cards. Town Manager Lunt said they have not been received yet.
Selectman Mooers noted there is still an outstanding application from Michael MacDonald to join the Warrant Committee. If Mr. MacDonald is still interested, he would like to have this on the next agenda.
Selectman Bucklin asked if a thank you note has been sent to Harvey Heel for the bench at the park; Town Manager Lunt said he will write one. Town Manager Lunt suggested looking into the cost of second bench. Mr. Bright estimated the cost to be $800.
Citizen Jim Bright asked if the sidewalk plow could be calibrated to put out less salt, and a more even distribution. Also, there is a very icy spot by Redfields.
Selectman Bucklin asked when the auditors are coming. January.
Selectman Bucklin noted the areas at the corners of Manchester and Summit Roads and Manchester and Joy Roads are often icy due to culverts that overflow.
Chairman Richardson reported that the Revitalization Committee is not anywhere near ready to make recommendations; they may want to hire a planner
Chairman Richardson attended a Fire Department meeting last Monday night. It was a good meeting; however, he was sorry that those with concerns were not present. Regarding the proposal for a new tanker, Chief Bender gave the option of purchasing a smaller tanker to fit in the building. A discussion of housing the ambulance ensued. Chairman Richardson and Selectman Bucklin suggested adding a bay to the current Northeast Harbor Fire Station which would house the ambulance and create office space for the Fire Chief. This led to more discussion about the potential of this building. Scamp Gray, from the Northeast Harbor Ambulance Service, said they would like to stay near dispatch. However, they have talked about moving to the local Medical Center. In looking to the future, there is potential of
full-time personnel. As for adding on to the Fire Station, discussions need to take place with the Code Enforcement Officer. He said there are many questions about locating at the Medical Center, including zoning. Board encouraged the ambulance service to continue its discussions with the Medical Center. Mr. Gray reiterated the preference to be near dispatch. All agreed it is a collaborative effort and it is very promising that this conversation is taking place. Selectman Mooers suggested the Board needs to know ASAP if the Medical Center is not an option, in order to move on. Chairman Richardson said he hoped more information would be available at the January Board meetings. Board extended its hearty thanks to Mr. Gray and the ambulance service.
VII New Business
A Approve request from Marine Management Committee to initiate a $100.00 late fee for all mooring registrations received after the March 1 due date.
Harbormaster Murphy was present and explained that although the mooring registrations are due by March 1 of each year, there is a grace period until April 15th. Too many people wait until the last minute; April starts the busy season, and mooring registrations take a lot of time. The intent is not to revoke moorings, but to encourage people to register on time. Chairman Richardson asked if there is a late fee now; no. Compared to the registration fees of $50/resident and $100 non-resident, the late fee seems steep. Harbormaster Murphy said they are trying to recoup the considerable time spent dealing with late registrations. A $25 fine won’t get anyone’s attention. When asked how many mooring registrations there were and how many were late, Harbormaster Murphy replied 700 and half.
An option would be to do away with the grace period, which is in the Ordinance. That means a vote at Town Meeting. Selectman Bucklin asked how many Marine Management Committee members voted for the late fee. Harbormaster Murphy replied at least 6 and all voted yes. Jim Bright, committee member, said the committee feels strongly the late fee is necessary. Selectman Bonville asked who is going to enforce and what are the ramifications of not paying the late fee. Harbormaster Murphy said the mooring would not be registered and the owner has an appeal process. He noted registration letters are sent in January. It was recommended that mooring owners be notified beforehand of the impending late fee.
MOTION: Selectman Damon moved, seconded by Selectman Mooers , to initiate a $100.00 late fee for all mooring registrations received after the March 1 due date as recommended by the Marine Management Committee. The vote was unanimous in favor, 5-0.
B Approve 2011 Stray Animal contract with Small Animal Clinic, Ellsworth.
Town Manager Lunt explained SPCA of Hancock County is not ready to accept stray animals yet.
MOTION: Selectman Bonville moved, seconded by Selectman Damon, to approve the 2011 Stray Animal contract with the Small Animal Clinic, Ellsworth. The vote was unanimous in favor, 5-0.
VIII Committee Meeting Reports
A Public Protection Committee meeting minutes from November 19, 2010.
B Safety Committee meeting minutes from November 17, 2010.
C Mount Desert Revitalization Committee meeting draft minutes from December 9, 2010.
Selectman Mooers moved, seconded by Selectman Damon, to acknowledge receipt and acceptance of the Public Protection Committee meeting minutes from November 19, 2010, the Safety Committee meeting minutes from November 17, 2010 and the Mount Desert Revitalization Committee meeting draft minutes from December 9, 2010. The vote was unanimous in favor, 5-0.
IX Treasurer’s Warrants
A Approve Treasurer’s Warrant #53 for $805,589.62
Selectman Bonville said she has questions about the CES, Inc. bill regarding improvements to the Town Office; she will talk with Public Works Director Tony Smith.
MOTION: Selectman Mooers moved, seconded by Selectman Bucklin, to approve Treasurer’s Warrant #53 for $805,589.62. The vote was in favor, 4-1, Selectman Bonville voting nay.
X Executive Session
A None
XI Adjournment
MOTION: At 9:10 p.m. Selectman Damon moved, seconded by Selectman Mooers, to adjourn the meeting. The Vote was unanimous in favor, 5-0.
Respectfully submitted,
Jean Bonville
Secretary
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