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Selectmen Meeting Minutes - 09/08/15
Town of Mount Desert
Board of Selectmen
Meeting Minutes
September 8, 2015

A meeting of the Board of Selectmen was held this date in the Meeting Room, Town Hall, Northeast Harbor, Maine.

Those present included:  Chairman John Macauley; Selectmen Martha Dudman, Matt Hart, Tom Richardson, and Dennis Shubert; staff members Town Manager Durlin Lunt, Treasurer Kathi Mahar, Harbormaster John Lemoine, Public Works Director Tony Smith, and Town Clerk/Recording Secretary Joelle Nolan; and members of the public.

I.      Call to order at 6:30 p.m.
Chairman Macauley called the meeting to order at 6:30 p.m.

II.     Public Hearing(s)
A.      None

III.    Minutes
A.      Approval of minutes from the August 17, 2015 meeting

MOTION:  Selectman Dudman moved, seconded by Selectman Hart, to approve the minutes from the August 17, 2015 meeting.  The vote was in favor, 5-0;

B.      Approval of minutes from the August 25, 2015 special meeting.

MOTION:  Selectman Richardson moved, seconded by Selectman Hart, to approve the minutes from the August 25, 2015 meeting.  The vote was in favor, 4-0-1; Selectman Dudman abstained due to her absence from the meeting.

IV.     Appointments/Recognitions/Resignations
A.      Accept with Regrets the Resignation of Officer John Wardwell effective September 11, 2015

MOTION:  Selectman Hart moved, seconded by Selectman Dudman, to accept with regrets the resignation of Police Officer John Wardwell effective September 11, 2015.  The vote was in favor, 5-0.

B.      Accept with Regrets the Resignation of Head Mechanic Leon Peasley effective September 4, 2015

MOTION:  Selectman Hart moved, seconded by Selectman Dudman, to accept with regrets the resignation of Head Mechanic Leon Peasley effective September 4, 2015.  The vote was in favor, 5-0.

V.      Consent Agenda (These items are considered routine, and therefore, may be passed by the Selectmen in one blanket motion.  Board members may remove any item for discussion by requesting such action prior to consideration of that portion of the agenda.)
A.      Acknowledge Thank You from Hospice Volunteers of Hancock County, Eastern Maine HomeCare Foundation, Downeast Horizons, and American Red Cross
B.      Planning Board Meeting Minutes of July 8, 2015 and July 22, 2015
C.      Event Committee Meeting Minutes of July 28, 2015 and August 12, 2015
D.      Hancock County Commissioners Meeting Minutes August 4, 2015
E.      Irrigation System Donation
F.      Wayfinding Sign Option
G.      Otter Creek Fire Pond Project
H.      Somesville Traffic Signal Maine DOT Meeting
Selectman Richardson asked to address item E and requested Public Works Director Smith to comment.  He reiterated his opinion expressed in his August 31, 2015 email in which he recommended waiting until the May 2016 Annual Town meeting, and in the meantime research the feasibility and the associated costs.  Board agreed more follow-up is needed and asked that this issue be brought back for future meetings.

MOTION:  Selectman Shubert moved, seconded by Selectman Richardson, to accept the Consent Agenda as presented.  The vote was in favor, 5-0.

VI.     Selectmen’s Reports
Selectman Richardson recounted past efforts to slow traffic through the villages and the various things tried, such as speed wagons and traffic cones.  Residents of Otter Creek have suggested the use of rumble strips on Route 3 and he has talked with Public Works Director Smith who said there is a lot to it.  He sees one of the biggest issues as noise.  Ann Funderburk wondered if more stop signs would be helpful.  Public Works Director Smith noted Route 3 is a State road and we would have to work with them.  Chairman Macauley commented that this is something we should pursue throughout the town.

VII.    Old Business
A.      Banking Proposals
Chairman Macauley noted we have a roomful of bankers.  Town Manager Lunt said they have been told they have about 15 minutes each.  Selectman Dudman requested she be recused from the banking proposal discussions due to her association with Bar Harbor Bank & Trust.

Motion: Selectman Richardson moved, seconded by Selectman Hart, to recuse Selectman Dudman from the banking proposal discussions.  The vote was in favor, 4-0.

Presenters for Investment Services:
Acadia Trust/Brenda Gatcomb & Marcia Connors
Bangor Savings Bank/Jim Robbins and Scott Kenney
Bar Harbor Bank & Trust/Joe Pratt, Peter Nicholson, Melanie Bowden?
First Advisors/Steve Parady, Matt Weaver

Presenters for Banking Services:
Bar Harbor Bank & Trust/Leita Zeugner, Greg Dalton, Sam McGee, Lisa Parsons
Camden National/Natalie Nadeau, Andrea Leonard
First National/Tony McKim, Brenda Fernald, Sarah Tolmon

Board thanked presenters; in particular, Selectman Shubert expressed his appreciation for the education and information.

Selectman Dudman rejoined the Board by motion and vote in favor.

B.      Seal Harbor Boardwalk Renovations Project Contract Award

MOTION:  Selectman Dudman moved, seconded by Selectman Richardson, to award the Seal Harbor Boardwalk Renovations Project contract to Bowman Contractors for the bid amount of $222,500; and to authorize the Public Works Director to sign the agreement with Bowman Contractors.  The vote was in favor, 5-0.

C.      Seal Harbor Comfort Station Project Contract Award

MOTION:  Selectman Shubert moved, seconded by Selectman Richardson, to award the Seal Harbor Comfort Station Project contract to Associated Builders for the amount of $138, 516; and to authorize the Public Works Director to sign the agreement with Associated Builders.  The vote was in favor, 5-0.

VIII.   New Business
A.      William Stockman: Bird Strike Danger at Hancock County Airport
Town Manager Lunt introduced Mr. Stockman who has already addressed the League of Towns (LOT).  As described in the letter dated August 26, 2015 from Fred Ehrlenbach, Chairman for the Town of Trenton Selectmen, the issue is the risk of bird strike in the vicinity of the airport due to the permitting of aquaculture farms within the approach of airport runways.

Mr. Stockman, a resident of Trenton, explained he is here to solicit support from the Board and town regarding opposition to a permitted lease for a 50 acre oyster-growing aquaculture farm in Goose Cove, Trenton.

The problem started about 5 years ago with a request to site the fifty acre oyster-growing aquaculture farm in Goose Cove.  The location is near the owner of the operation, and in a very productive biological sea growth area.  At the time of the request a public hearing was held at the Trenton Elementary School and went on for three days, totaling 22 hours – one of the longest hearings of its type.  The Town of Trenton, Acadia National Park, the Chamber of Commerce and many others spoke in opposition.  Also included was testimony stating the Federal Aviation Administration (FAA) requires keeping aquaculture at least 10,000 feet away from an airport.  However, the Department of Marine Resources (DMR) still issued a conditional permit, after over a year of deliberations, contingent on approval from the FAA and US Army Corps of Engineers (USACOE).  Opponents thought there was no way of approval and all was silent for a number of years.

In 2013 it was determined the issue was active and there were reports of meetings between the owner, his lawyers and the FAA.  Requests from opponents to be involved were turned down.  And by chance, on June 18, 2015 a public notice in a local paper was seen by the airport manager which stated DMR had granted the lease.  Although there was no communication from DMR, FAA or USACOE, it was determined by a lawyer the opponents did not have sufficient dollars to oppose this action through the courts.

So they are trying to gain public attention and support.  The Town of Trenton has asked federal and state legislators to be involved, as have the Hancock County Commissioners.  He is here to follow up on interest expressed by the LOT and to ask the Board of Selectmen to oppose the permit publicly.  Mr. Stockman noted Mount Desert citizens are linked to this in a very direct way in that we have the largest population of privately owned and leased aircraft at the airport.  He is trying to gain the support of all towns.

Dick Vander Zanden, Selectman from Town of Trenton, also spoke to the detriment of this permit to the area.

Selectman Richardson expressed his personal support.  Mr. Stockman suggested writing letters to state and federal delegations, and to the agencies involved.

MOTION:  Selectman Richardson moved, seconded by Selectman Dudman, to support the efforts of the Citizens for a Safe Airport by writing letters to the appropriate entities.  The vote was in favor, 5-0.

B.      Public Space Event Application; Seal Harbor Village Green – Joan E. Pew

MOTION: Selectman Dudman moved, seconded by Selectman Richardson, to approve the Public Space Event Application for the Seal Harbor Village Green from Joan E. Pew.  The vote was in favor, 5-0.

Town Manger Lunt noted the tent is slightly larger than what is called for in the policy.  Board determined the impact is small and not an issue.

C.      Public Space Event Application; Suminsby Park – Rev. Jane Cornman

MOTION: Selectman Hart moved, seconded by Selectman Dudman, to approve the Public Space Event Application for Suminsby Park from the Reverend Jane Cornman.  The vote was in favor, 5-0.

D.      Part-time Deputy Harbormaster Positions, discussion
Chairman Macauley said it is his understanding now that the Town has a full-time Harbormaster and a full-time Deputy Harbormaster, hiring a part-time deputy harbormaster is a liability the town is not willing to take on.  No action taken.

E.      Tax Club Exception

MOTION:  Selectman Richardson moved, seconded by Selectman Dudman, to authorize Linda Schoen-Giddings, Adele Rosen, and Melissa Rosen/Real Estate Account 1456, and Frank and Katie Derevere/Real Estate Account 407 to join the 2015/2016 Tax Club.  The vote was in favor, 4-0-1; Selectman Hart abstained.

F.      Such other business as may be legally conducted
None presented.

IX.     Treasurer’s Warrants
A.      Approve & Sign Treasurer’s Warrants 1613 and 1615 in the amount of $188,821.27 and $788,834.38, respectively
B.      Approve Signed Treasurer’s Payroll, State Fees, & PR Benefit Warrants AP1610, AP1612, AP1614, PR1608, PR1609, and PR1610 in the amounts of $4,750.06, $2,885.67, $71,125.15, $54,287.19, $52,410.41, and $50,600.80, respectively
C.      Acknowledge Treasurer’s School Board AP/Payroll Warrants 3 and 5 in the amount of $54,027.94 and $116,375.66, respectively

MOTION:  Selectman Richardson moved, seconded by Selectman Shubert, to approve, sign, and acknowledge Treasurer’s Warrants A – C totaling $1,384,118.53.  The vote was in favor, 5-0.

Katrina Carter asked when Wayfinding Signs were going to be addressed and stated she was asked to be at this meeting to discuss them.  She expressed her dismay that a sign [directing people from Main Street to the harbor via Sea Street] is going to be put on the corner of her business property located on Main Street, Northeast Harbor.  Although the Board thought this issue had been worked out with Public Works Director Smith, Ms. Carter disagreed.

She then presented the Board with pictures of what she sees from her office which included several signs, including signs already pointing to the marina.  She also wondered why we are trying to encourage people to bypass Main Street and go directly to the marina.  She suggested, if they insist on another sign, couldn’t it be placed on the right hand side[of Main Street facing south] instead of on a grassy corner on private property.  She is concerned about the liability of kids hanging off sign, her gardener trying to mow around it, and the sight from her office.  Chairman Macauley requested the Town Manager to get Public Works Direct Smith and Ms. Carter together to resolve this issue and come to an agreement.  It was pointed out that the new sign is for a temporary sign.

X.      Executive Session
A.      None

XI.     Adjournment

MOTION:  At 8:57 p.m., Selectman Shubert moved, seconded by Selectman Richardson, to adjourn the meeting.  The vote was in favor, 5-0.


Respectfully submitted,



Matthew J. Hart, Secretary