Selectmen Meeting Minutes

Town of Mount Desert

Board of Selectmen

Present were Chairman Macauley, Selectmen Gordon Beck, Martha Dudman, and Matt Hart.

Also in attendance were members of the Public.

Chairman Macauley called the meeting to order at 4:00 PM.

It was noted the budget items discussed tonight may not be the final version.  There was an additional School Board meeting later that evening, due to scheduling around the weather.

Budget changes discussed include:  

Ms. Pryor noted that winter road treatments are causing the busses to wear faster.  With regard to bulk purchasing, each school does bus use differently.  This is another option for collaboration.

The Summary sheet distributed to the Board breaks down budgeting increases.  Ms. Pryor pointed out the cost of utilities, versus the level enrollment.  There’s no indication that enrollment will increase, and the money can’t be sustained on this trajectory without making changes and collaboration.

Selectman Beck asked if there were other things beyond the maintenance reserve or capital improvement items that could be done to get beyond the current hurdle. Ms. Pryor noted some of these issues would be discussed at the meeting later that night.  Much of the cost revolves around the age of the building and maintenance issues.  Supt. Gousse noted that lighting upgrades might offer efficiency rebates and upgrades might equal savings.   An estimate for lighting has been done and the school is waiting to receive the report.  Supt. Gousse mentioned that solar panels may be a realistic option in the future.

With regard to Capital improvements, each school has a report similar to the one presented to the Board of Selectmen, and this will allow the School Board to find points where collaboration can occur.  Another consideration is to make one school an island-wide elementary school, and another an island-wide middle school.  However, collaboration will be reviewed first.  

It was estimated that updated numbers would be provided after the upcoming meeting.  Future dates for meeting were discussed.  Chairman Macauley asked for a report on the meeting.

Sale of Food and Merchandise Ordinance – Noel Musson referred to the handout he presented.  There is a Public Hearing scheduled with the Planning Board on March 8^th.  The Economic Development Committee requested portions of the ordinance relating to mobile vendor space and size be changed.  The change has limited the number of spaces available for mobile vendors to three, with space used being 600 square feet.  Mr. Musson reported on the Land Use Committee comments:  Currently up to five licenses are mentioned in the ordinance.  It was felt that since a certain number of licenses would be allowed, the CEO would not approve more permits than the allowable number.  Up to five licenses mentioned in the ordinance allows for leeway in the future and it was deemed to allow the wording to stand.

Additionally, if more licenses were applied for than could be approved, future wording to specify how to determine could be considered.  Currently it’s first come, first served and there is a deadline to apply. The possibility of a lottery system was discussed.  Selectman Hart asked if two licenses were approved, and there was a third vendor applying, could the Town agree to site space and approve a third license.  Mr. Musson believed that would be acceptable.  The Board would be the body to designate the spaces.  Mr. Musson believed there were a number of scenarios that require further review and discussion.  

Harbormaster Lemoine noted that mobile vendors would result in taking up to six parking spaces, and the Harbor Committee was not supportive of a plan that essentially removes the parking gained by the Harbor improvements.  It was agreed that vendors on the grass was not a viable option.  Selectman Hart hoped a more permanent solution could be found.  Another spot with potential was the parallel parking area.  Two parallel parking spaces might hold more than two vendors, and the sidewalk keeps customers off the road.  

Selectman Dudman worried about putting it into the ordinance without trying out the policy first.  

Land Use Ordinance – Zoning District Change - Mr. Musson pointed out the area in question.  The area would be changed from Shoreland Residential 2 zoning district to Village Residential 2 zoning district.  This is a request from the citizens living in the houses in the area in question, mostly undersized lots.  None of the lots in question are on the shore.  The change will mean that Village Residential 2 will allow these lots on public sewer and water to be minimum lot size of 20,000 square feet.  Setbacks are different.  Some of the lot coverage standards are different.  Most of the lots in question are non-conforming; this change will allow some of these lots to be more conforming.  Changing the ordinance will make the lots more marketable because they conform, and the buildings can be added to due to changes in setbacks.  There will be changes to the residents’ tax rate.  Additionally, this makes the zoning better match the state of the lots.  The Planning Board has recommended this change, however, they will not formally vote till the March 8^th Public Hearing.  

Right-of-Way Requirements and Subdivided Lots – Essentially this ordinance change deals with the situation of two parcels at the end of a driveway.  Splitting one of the two parcels requires the driveway to become a road with road standards.  This proposed change will allow the Planning Board to modify both driveway and private road standards to allow more flexibility for development, provided the area is deemed safe by the Fire Department.  The Planning Board Attorney will be weighing in on the question as well.

Clarification of Term “Non-Shoreland Lots” – There is a Shoreland Zone and a Shoreland Residential Zoning District in the Ordinance.  The new language clarifies that this is for lots wholly outside of the Shoreland Zone, yet might still be within the Shoreland Residential Zoning District.  This would include the proposed Zoning District change discussed earlier.  

Independent Schools – This is a correction.  The definition in question was supposed to have been approved at last year’s Town Meeting.  

Question on whether a Marine Structure is defined as a Structure – The Land Use Committee hasn’t decided if they will act on this request from Eaton Peabody.  Structures require a 50-foot road setback.  The question is whether to exempt marine structures like docks or piers from this requirement.  Mr. Musson disclosed that he may develop a conflict of interest with regard to this issue, and so has no involvement in the discussions or decisions being made by the Land Use Committee.  Mr. Musson took no position on the question.

Chairman Macauley inquired about the issues of Otter Creek.  Mr. Musson felt that it would have to be addressed next year.  He would create an outline of a planning process.  Mr. Musson also felt that a look at all the villages was necessary rather than making different choices piecemeal as they apply to a particular village.

Harbor Ordinance – Harbor Master Lemoine reported on the proposed changes.  He noted many changes were small wording issues.  Wording with regard to those using the Commercial Floats has been changed to “license” or “licensee” in an effort to restrain people from selling their permits.  Licenses will be granted each year, and people will have to re-apply each year.  Selling or transferring the permits is not allowed.  Selectman Dudman asked how licensing is renewed every year.  What if a second business applied for a license?  Harbor Master Lemoine noted if a company renews every year, the license is theirs as long as they meet the criteria.  If a company is not following the criteria the Town can take steps up to and including revoking the license.  If a company decides they will not continue their business, they need to inform the Town that they will not be re-applying and the Town could then advertise.  All answering the advertisement, and also fit the Town’s criteria would go into a lottery.  Harbor Master Lemoine noted there were 13 licenses of various sizes and types.  It’s the Town’s intent to keep the various types of license as they are intended.  So a ferry license will not become a private charter sail boat license.

Chairman Macauley asked about the harbor boundaries.  Harbor Master Lemoine thought Corps of Engineer markers defined the boundaries years ago.  Chairman Macauley asked how, for example, could Somes Sound be made Somes Harbor?  Harbor Master Lemoine did not know.

Selectman Beck noted that Section 8.8.7 of the ordinance says no more than 13 boats would be approved to use the marina.  This number could be increased.  In the next section, it notes the application process for approved boats occurs every third year.  Selectman Beck asked if this was a review in addition to annual renewals.  Harbor Master Lemoine noted this was new wording, but essentially every three years a more in-depth review is made of the licenses issued in addition to the annual renewal process.  It was noted that anyone with these licenses can also take passengers from other harbors within Mount Desert.  

It was additionally noted that if a boat for hire was to try to dock, perhaps the tender of a cruise ship, the Town could refuse them the permission to land, due to having the maximum licenses out. This would be different from a charter boat that rents slip space.  Many charter vessels are not licensed as commercial passenger vessels.  Windjammers are considered commercial vessels, but those visiting Northeast Harbor are renting slip space.  

With regard to cruise ships, removal of the fee was removed.  This was really the only place within the ordinance that cruise ships were mentioned.  Attorney advice was to leave mention of cruise ships out, and address it if the issue is brought up.  

Chairman Macauley asked about concessions.  If someone was running a takeout service for the water, would permission be needed?  Harbor Master Lemoine noted it was included in the ordinance as requiring permission from the Harbor Committee and the Board of Selectmen.

Discussion of the planned power upgrade was discussed.  Harbor Master Lemoine noted there would be another box installed in the area to provide power to 240-volt boats.  Selectman Hart asked about the plantings funded by the Garden Club.  Mr. Lemoine noted the plantings were about 75% finished.  Trees, plants, sod, and benches have been installed.  Discussion of where the power upgrade box would go ensued.  

There was no other business to discuss.

MOTION:  Selectman Hart moved, with Selectman Dudman seconding, to adjourn the meeting.  Motion approved 4-0.  The Meeting was adjourned at 5:32 PM.

The next regularly scheduled meeting is at 6:30 p.m., Tuesday, February 21, 2017 in the Meeting Room, Town Hall, Northeast Harbor

                                                        Respectfully Submitted,

                                                        Matt Hart, Secretary