Town of Mount Desert
Board of Selectmen
Regular Meeting
Monday, March 13, 2017
Location: Meeting Room, Town Hall, Northeast Harbor
Present were: Chairman Macauley and Selectmen Dudman, Hart, and Beck.
Town Manager Durlin Lunt, Town Clerk Claire Woolfolk, Assessor Kyle Avila, and members of the public.
- Call to order at 4:00 p.m.
Chairman Macauley called the meeting to order.
Continued Ordinance Hearings from March 6, 2017
Chairman Macauley asked for public comment. There was none. Public Hearing was closed.
- Old Business
- Final Review and Complete Votes on Warrant Articles for May 1 and 2, 2017 Annual Town Meeting
- Ordinance Amendments - LUZO
- Mobile Vending License - Article 9— Sale of Food and Merchandise Ordinance Revision
This Article amends the Sale of Food and Merchandise Ordinance to increase the allowable length of a mobile vending unit and the area it can occupy.
MOTION: Selectman Dudman moved, with Selectman Hart seconding to recommend approval of Article 9 as presented. Motion approved 4-0.
- Land Use District Map Change (rezone SR2 to VR2) - Article 10— Land Use District Map Change
This Article changes the designation of Map 22, Lots 20,19,14,13,11, 10, and 9 from Shoreland Residential 2 to Village Residential 2.
It was noted the Planning Board voted to recommend approval of Article 10.
MOTION: Selectman Hart moved, with Selectman Dudman seconding, to recommend approval of Article 10 as presented. Motion approved 4-0.
- Shoreland Zone and Resource Protection Map Change – Article 11
This Article removes the Shoreland Zone overlay and Resource Protection designation from the official Land Use District Map for a portion of Map 12, Lot 6 and adds an area of Stream Protection to match how the Maine Department of Environmental Protection views the manmade pond and stream in relation to State Mandated Shoreland Zoning.
Noel Musson reported the amendment will correct an area designated in the Shoreland Zone and Resource Protection that should not be designated as such because it does not meet the criteria of Shoreland Zone. The area in question will revert to Zone Shoreland Residential 3.
MOTION: Chairman Macauley moved, with Selectman Hart seconding, to recommend approval of Article 11 as presented. Motion approved 4-0.
- Access to Lots - Article 12
This Article amends the access provisions of Section 6B.10 in the Land Use Zoning Ordinance so that a pre-existing primary access drive need not meet the standards of 6B.6 so long as safe access for fire, police, and emergency vehicles can be maintained.
Mr. Musson reported that this would address pre-existing roads that cannot meet the Town’s access requirements.
MOTION: Selectman Dudman moved, with Selectman Hart seconding, to recommend for approval Article 12 as presented. Motion approved 4-0.
- Subdivision Ordinance Amendment - Article 13
This Article amends the Subdivision Ordinance to allow the Planning Board to review and waive road standards where the Board finds that a private road providing access to a lot or lots cannot meet the Street Design and Construction standards because (a) the application of land use restrictions would prevent the work required to bring an existing road into compliance or (b) physical conditions of the site render strict compliance impossible.
Mr. Musson explained this was the same scenario within the Subdivision Ordinance in order to waive road standards for a pre-existing road that cannot meet the Town access requirements. All waivers would be pending approval from the Fire Chief.
MOTION: Selectman Hart moved, with Selectman Dudman seconding, to recommend Article 13 for approval as presented. Motion approved 4-0.
- Clarification of requirements for lots inside or outside Shoreland Zone - Article 14
This Article amends the Section 6B.10 of the Land Use Zoning Ordinance to clarify that a lot that is totally outside the shoreland zone (which is a defined term) is allowed to can have an accessory residential dwelling unit.
MOTION: Selectman Dudman moved, with Selectman Hart seconding, to recommend approval of Article 14 as presented. Motion approved 4-0.
- Independent School - Article 15
This Article amends the definition of Independent School in the Land Use Zoning Ordinance.
Mr. Musson reported this definition was supposed to have been adopted at last year’s Town Meeting. The only change is extending the Article to include 8th to 12th grade.
MOTION: Selectman Hart moved, with Selectman Dudman seconding, to recommend approval of Article 15 as presented. Motion approved 4-0.
- General Obligation Bond for Route 3 Reconstruction - Article 32
Shall the Town of Mount Desert (the Town) be authorized to issue a general obligation bond of the Town in a principal amount not to exceed $20,000 (twenty thousand dollars) to fund the Town’s twenty percent (20%) share of the total project cost of $100,000 (one hundred thousand dollars) under the Federal Highway Administration Eastern Federal Lands Access Program (FLAP) in order to retain professional services for planning and technical study related to roadway improvements, including but not limited to, bicycle safety improvements, to State Route 3 (Peabody Drive), between the intersection of State Routes 198 and 3 (Pedder’s Corner) in the Village of Northeast Harbor and the intersection of Stanley Brook Road and State Route 3 in the Village of Seal Harbor; and further to authorize the Board of
Selectman to execute any and all contracts and documents and do any and all things necessary or convenient to issue the bonds or notes of the Town and to accomplish the project?
The option for accepting any other State of Maine or federal funding source was added to the wording of the Article which keeps the Town from being limited to accepting just the grant applied for. The Town did not receive the State grant they applied for; however, the Town may be approved for a federal grant.
Selectman Dudman suggested including “And/or private funding source” to the Article.
MOTION: Selectman Dudman moved, with Selectman Hart seconding, to recommend approval of Article 32 as amended by Selectman Dudman. Motion approved 4-0.
- Department 1660/Recreation - Article 52
To see what sum the Inhabitants of the Town of Mount Desert will vote to raise and appropriate for Department 1660 Recreation (Public Pool ~Utilities & Maintenance) for the 2017 – 2018 Town Budget.
MOTION: Selectman Dudman moved, with Selectman Beck seconding, to recommend approval of Article 52 as presented. Motion approved 3-0-1 (Hart in Abstention).
- Department 1885/Third Party Requests —Article 55
To see what sum the Inhabitants of the Town of Mount Desert will vote to raise and appropriate for Department 1885 Libraries, Village Improvement Societies, Recreation, and Public/Social Service Agencies for the 2017 – 2018 Town Budget.
Selectman Dudman reminded the Board that Eastern Area Aging was not present at the meeting requesting funding. The Board has traditionally not funded groups not present to request the funds.
MOTION: Selectman Beck moved, with Chairman Macauley seconding, to recommend for approval Article 55 in the amount of $310,611.00 for all of Department 1885, excepting Eastern Area Aging. Motion approved 3-0-1 (Hart in Abstention).
- Property Tax Levy —Article 57
To see if the Inhabitants of the Town of Mount Desert will vote to increase the property tax levy limit by $.00.
MOTION: Selectman Hart moved, with Selectman Beck seconding, to recommend approval of Article 57 as presented. Motion approved 4-0.
- Sanctuary Community - Article XX
Chairman Macauley read the petition.
Town Manager Lunt informed the Board that the Town Attorney confirmed the Petition received is a legal petition and should be accepted to the Town Meeting, however it has no binding authority to Town officials. It is outside the scope of the authority of the Town Meeting, and Town Meeting cannot direct the day-to-day operations of law enforcement, as they are governed by State and federal law. Additionally, the Article asks to prohibit things already prohibited by other sections of State or federal law. It was also noted that such a directive may impact the President’s executive order restricting federal funding. The Town receives federal money for the Harbor, the potential FLAP funding, and possibly some of the State money received for roads and highways. Mr. Lunt
felt it was more a statement of the value of the community than a petition that can be enforced.
Selectman Hart inquired if there have been episodes of immigrants being mistreated by the Town’s police department. Anna Davis, a representative of the group initiating the petition confirmed there were no specific situations where people felt uncomfortable approaching the police department. She opined the police department is doing an admirable job. The petition is more a statement of value for the Town. The group’s intent is to make the statement so those coming to the community know. Another petition representative sited summer workers living with substandard housing or mistreatment from employers who have felt uncomfortable approaching law enforcement.
Chairman Macauley noted there have been such petitions presented at Town Meeting before. Selectman Hart reiterated again that this petition, if passed, will not affect the way the police department does their job. He felt it was more of a political statement than working towards creating change. He questioned making a political statement as a Board member. Chairman Macauley noted the wording is simply a directive of how to behave. However, it was worth discussing at Town Meeting.
Selectman Beck agreed the Board could not command Police behavior. Therefore, it would be difficult to recommend approval of the petition.
MOTION: Selectman Beck moved, with Selectman Dudman seconding, to approve inclusion in the Warrant, but not recommend for approval The Sanctuary Community Petition as presented. Motion approved 4-0.
- Town concerns with Acadia National Park - Article XX
Town Manager Lunt reported there is no submittal for this Item.
- Such other business as may be legally conducted
Selectman Beck noted Article 24 would have to be re-voted. This authorizes the Board of Selectman to execute a power purchase agreement with ReVision. This allows for greater flexibility to negotiate outside of the information included in the appendices of the Warrant.
MOTION: Selectman Beck moved, with Selectman Hart seconding, to recommend approval of Articles 19 and 24 as amended. Motion approved 4-0.
- It was brought to the Board’s attention that the Island Housing Trust article needed to be voted on.
Island Housing Trust Transfer – Article 23
To see if the Inhabitants of the Town of Mount Desert will vote to transfer to Island Housing Trust, by good and sufficient Municipal Quitclaim Deed Without Covenants, two contiguous lots owned by the Town of Mount Desert (Assessor’s Map 009, Lot 078 and Map 009, Lot 079 and further described in deeds recorded in the Hancock Registry of Deeds at Book 1276, Page 162 and Book 1524, Page 318, respectively), on the conditions that (1) the property be used to provide workforce housing, (2) the two lots be conveyed by the Town in a deed to create merger of the two lots into a single “lot” for purposes of the Town’s Land Use Zoning Ordinance, (3) any costs incurred by the Town for the transfer (including title search, survey, and deed preparation) are to be paid for by Island Housing Trust, and (4)
that any proceeds, net of loan payoffs, tax payments, attorneys’ fees and other customary real estate settlement costs and proration that Island Housing Trust receives from the sale of the improved lot(s) will be used for future workforce housing projects located within the Town of Mount Desert.
It was noted that Item 1 in the Amended Article clarifies the work force housing stipulation.
MOTION: Selectman Dudman moved, with Selectman Beck seconding, to recommend approval of the Article as presented. Motion approved 4-0.
MOTION: Selectman Dudman moved, with Selectman Beck seconding, to adjourn the meeting. Motion approved 4-0.
Meeting adjourned at 4:50 PM.
The next regularly scheduled meeting is at 6:30 p.m., Monday, March 20, 2017 in the Meeting Room, Town Hall, Northeast Harbor
Respectfully Submitted,
Matt Hart, Secretary
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