MEETING OF THE BOARD OF SELECTMEN
TOWN OF MOUNT DESERT, MAINE
Monday, February 9, 2009
A meeting of the Board of Selectmen was held this date in the Meeting Room at the Somesville Fire Station, Mount Desert, Maine.
Those present included: Vice Chairman Patrick Smallidge, Selectmen Jean Bonville, Chuck Bucklin, Rick Mooers, Jeffrey Smith; Town Manager Michael MacDonald; Public Works Director Tony Smith; Harbor Master Shawn Murphy, Recording Secretary Kathleen Miller and members of the public.
I. Call to order.
Vice Chairman Smallidge called the meeting to order at 6:30 p.m.
II. Minutes
A. None.
VI. New Business (taken out of order)
A. Approve inclusion of Cell Tower and Wind Turbine Moratorium Ordinance warrant article for May 4-5, 2009 Annual Town Meeting.
There was a lengthy discussion on the need to create a Tower Moratorium Ordinance for consideration at the Town Meeting in May 2009. Mr. MacDonald stated that he and the Town Code Enforcement Officer have received an increasing number of inquiries recently regarding the placement of new towers, including a specific list of possible sites. He noted that the current LUZO does not address the matters of tower site locations or specifications, so there is no control over these issues. He has asked Attorney James Collier to provide legal advice on creating a moratorium to give time to consider the matter.
Vice Chairman Smallidge stated that by putting this item on the Agenda at this meeting, intending to bring the matter to the Town Meeting in May, any moratorium voted upon then would be retroactive to this date, February 9, 2009, which would give more time for consideration. He also said this discussion was not an indication that any towers would be unacceptable, but rather that the Town should specify what would or would not be allowed in the future.
Atty. Collier provided a draft Moratorium Ordinance Regarding Radio/Television/ Telephone Towers and Antennas, and Wind Towers. He stated that this draft was based on such ordinances in Arundel, Maine. He also noted that some towns create ordinances in reaction to specific developments, which can be considered discriminatory. He counseled the Town to make any decisions or take action before issues develop, and that a moratorium would provide the time necessary to consider any changes to the LUZO. He noted that the current LUZO excludes cell towers from the definition of a structure, and noted that any moratorium ordinance voted upon could stop construction already underway.
There was a discussion about the interests of RedZone in constructing any towers and the existing contracts between the Town and RedZone that might be affected by this moratorium, considering the Town’s interest in developing 100% coverage for internet access. Atty. Collier suggested that the moratorium wording should be carefully considered regarding the retroactivity clause for towers already approved or under construction. Mr. MacDonald noted that the intention of any moratorium would be to allow time to regulate the location and design of any towers, not to eliminate them altogether.
There was considerable discussion about the specific language of the draft moratorium provided, whether all towers should be included, or whether specific heights should be included, or whether any exceptions should be included for the Town or RedZone, or other needs. There was also discussion about the tone of threat or harm in the draft. Atty. Collier stated the need to include specific language about the “threats to public health” as the legitimacy for approving such a moratorium. Mr. MacDonald asked about the inclusion of the word “monopoles” to consider safety issues. There was also discussion about the distinction of the moratorium applying to commercial uses, rather than the placement of television antennas or other residential uses.
It was noted that a moratorium should be voted on at Town Meeting, and then any ordinance regarding tower construction would need approval at another Town Meeting within 360 days of this Board of Selectmen meeting date.
After further discussion a motion was made to draft the moratorium ordinance.
Selectman Mooers moved to direct Town Manger, with assistance of counsel, to draft a Tower Moratorium Ordinance for later presentation to the Board of Selectmen as a probable warrant item at the next Town Meeting, and to direct the Town Manager to direct all Town staff to not accept new applications for matters related to such items discussed and to inform any person making an inquiry that this item was discussed at the February 9, 2009 Board of Selectmen meeting and will likely be the subject of a warrant article at the May 4-5, 2009 Town Meeting, and to inform them of its retroactivity.
Selectman Smith seconded the motion. The vote was unanimous in approval.
VI. Old Business (taken out of order)
A. Review of Draft Limiting Motor Vehicle Access to Great Ponds Ordinance.
There was a brief discussion, noting the memo from Chief Willis citing the definition of Motor Vehicles in state statutes that would exclude motor vehicles but not ATVs and snowmobiles for the Great Ponds Ordinance and meet the Board’s expectations. Vice Chairman Smallidge stated that the correction regarding sunrise and sunset has been made and there will be a corrected copy at the next Board of Selectmen meeting. Atty. Collier suggested that penalties and costs should be consistent with other ordinance penalties and costs to be fair. No action taken, Board directed staff to make revisions to ordinance with discussion and vote at next meeting.
B. Review of Draft Repeal and Replace Public Right-of Way Opening
A new section has been added to this ordinance, Section VI.9 on Technical Specifications, and two sections have been deleted, Section VI.3.e and Section VI.9. The intent is to improve the repair of roads by specifying the use of hot mixed bituminous concrete and to prevent damage caused by moving heavy equipment. Violation penalties are included in the back of the ordinance. No action taken, Board directed staff to make revisions to ordinance with discussion and vote at next meeting.
C. Review of Draft Road Opening Permit Application.
Selectman Mooers pointed out that the related Application for a Right-of-Way Opening Permit, the Fee Calculation, and the Sketch documents do not include the word “Public.” There was consensus that “Public” should be included in each of the document titles. No action taken, Board directed staff to make revisions to ordinance with discussion and vote at next meeting.
III. Appointments and Communications
A. Confirm appointment of Heidi Smallidge as part-time Planning Board Recording Secretary, effective October 21, 2008 at hourly rate of $13.50.
Vice Chairman Smallidge recused himself from this discussion and vote.
Selectman Mooers moved to approve the appointment. Selectman Smith seconded.
Selectman Bonville questioned the duties being taken over from a Town employee. Mr. MacDonald stated that the current employee is not able to do it, and that the change has been made at the request of the Finance Director so the employee can perform her other duties for better public service, which were primary.
The vote was three in favor (Mooers, Smith, Bucklin), one opposed (Bonville), and one abstention (Smallidge). The motion was approved.
IV. Consent Agenda
A. Acknowledge receipt of monthly department reports, Code Enforcement, Harbor Master, Assessor.
The reports were acknowledged.
V. Selectmen Reports
Northeast Harbor Marina) and authorize Town Manager to sign as Lessee.
There was a brief discussion of this matter. It was noted that other towns, not just Mount Desert, are paying for leases. The $1,200 expense will go under the Harbor Master’s budget. There was a suggestion of pursuing some exemptions for services offered. The Harbor Master noted the Town is not being taxed on “public sections,” and there was consensus that the expense of pursuing exemptions would exceed the savings.
Selectman Smith moved to authorize the Town Manager to sign as Lessee, seconded by Selectman Mooers. The vote was unanimous in favor.
E. Review of 2009-2010 budget.
There was a lengthy discussion of the proposed budget. It was estimated there would be a tax mill rate increase by 5.22% due to decreased revenues and increased expenses. Three quarters of the increase is principal and interest on bonds.
Mr. MacDonald presented the L.D. 1 Calculation Worksheet, which showed $28,269.35 over the cap allowed by the state, unless the Town votes to approve the overage. He would like to try to eliminate that overage and is looking for specific reductions in the budget. He has looked into the areas of insurance claims and refunds, changes in the fuel usage in some areas of the budget.
Vice Chairman Smallidge stated that he was less concerned about meeting the L.D. 1 cap, that the voters have to trust the Town officials to present an appropriate budget, and did not think it a problem for the Town to vote twice to approve whatever budget was recommended.
Public Works Director Tony Smith said he would like to present his full budget at the next meeting. It was noted that March 17 is the final date to meet the warrant deadline.
Selectman Bonville suggested the L.D. 1 Calculation Worksheet be reviewed, since she went through it herself and came up with different figures. Mr. MacDonald noted that the valuations have gone up to $1.97 billion, up from $1.956 billion.
The Board and the Town Manager went through specific figures to find possible reductions. They came to consensus on the following line items:
GENERAL GOVT/MUNCPL MGMT
504-50 Legal Expenses from $25,000 to $20,000
509-50 Contingency Fund from $25,000 to $15,000
509-?? Defense of Democracy Fund $25,000 for 2008 has not been spent and can be used
503-04 Computer – can’t explain today, but will look into it
TOWN CLERK
502-30 FICA from $3091 to $2874
502-31 Medicare from $723 to $672
503-53 Payroll Processing at $2,600 is a duplicate and should be eliminated
FINANCE/TSRY
504-?? Payroll Services has been added this year for efficiency at $5,000
There was a question about adding more staff while using an outside payroll service and increasing expenses. It was noted that payroll is part of a current job description, but that can be changed. Mr. MacDonald said it is part of the Clerk’s job, and this change will be explained and justified at the next meeting.
ASSESSMENT
502-13 ICMA eliminate $3603 (assessor does not belong to program, so no Town expense)
509-90 Reval Reserve $15,000 eliminated
Under the Town Clerk budget need to add in Rapid Renewal expenses $700.
EMPLOYEE BENEFITS
502-22 Life Insurance needs to be reviewed because there was an increase and then a decrease, may be an error.
Police Department Budget discussions centered on the reduction in fuel costs and the Academy training expenses. There was a suggestion of changing the Academy expense from $20,000 to $10,000 (504-03). Police Chief Willis will be consulted on this.
Fire Department Budget will need to consider principal and interest payments on the fire truck lease. There was some discussion about whether it would be a lease or loan financing arrangement, which would determine where to budget the expenses. The calculations were that there is approximately $372,000 available and the purchase price is $640,000, leaving $268,000 to be financed.
Public Works Department and Roads budget will be presented at the next meeting. Also at the next meeting will be the presentations by the public agencies.
The Culture and Recreation budget has a heating fuel fund of $4,000 that is never paid out and could be eliminated if not used. Mr. MacDonald will check with Anne Marie Hart about how those bills are being paid.
There was a discussion on the Rural Waste Water Support Funding, which should be reviewed and may need an increase. There was a question about the ethics of Board of Selectmen members deciding on an increase that they would directly benefit from. Mr. MacDonald suggested the figure would be increased by the rate of inflation.
There was a brief discussion about an ethics clause in the Investment Policy. It was noted that the Town doesn’t have an ethics policy. It was agreed that since the matter has never come up that an ethics policy is not needed and its requirement should be removed from the Investment Policy.
There was a discussion about the Rural Waste Water Support Funding and whether that money could be directly applied to individual’s taxes. It was noted there was a distinction between a grant and a tax rebate. There was also the question raised of whether it would save the Town money to pump out private septic systems for free rather than paying this support grant. No action was suggested.
Selectman Bonville suggested that in the warrant articles departments should be separated between Fire Dept. and Public Safety/Communications Dept., and that the Sewer Budget be separated from the Highway/Cemeteries/Parks/Bldg. & Grounds/ Refuse/Solid Waste.
There was a discussion about the Town voting on the Marina Budget. It was noted that the Board of Selectmen develops the budget and the Town approves those warrants, per state law and Town Charter. Considering the changes proposed in the Marina budget, it was agreed that the Board of Selectmen vote at the Town Meeting after a broader public discussion there beforehand. It will be presented as an advisory article for the budget. The Marina budget is waiting for some figures before it’s presented next meeting.
February 17 meeting will focus on service groups.
February 24 meeting will focus on marina presentation and comprehensive plan public hearing, to be held at the Elementary School.
VI. New Business
B. Approve Authorization to proceed with purchase of professional services for pump station design with Olver Associates.
Selectman Smith moved to approve the authorization noted above, seconded by Selectman Mooers. The vote was unanimous in favor.
C. Approve Finance Director John Graves as principal signatory on Acadia Trust Investment Account and appoint Michael MacDonald and Joelle Nolan as additional signatories, rescinding all previous signatories.
Selectman Smith moved to approve the principal and additional signatories as noted above, seconded by Selectman Bonville. The vote was unanimous in favor.
VIII. General Issues
None
IX. Committee Reports
A Solid Waste and Recycling Committee recommendation on associate membership in ecomaine.
No action.
X. Treasurer’s Warrants
None
XI Executive Session
None requested
At 9:03 p.m. the meeting was adjourned.
Respectfully submitted,
Rick Mooers
Secretary
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