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Selectmen Meeting Minutes - 08/15/16
Town of Mount Desert
Board of Selectmen
Meeting Minutes
Monday, August 15, 2016

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 Brian Reilly, Matt Hart, and Dennis Shubert.  Also in attendance were Town Manager Durlin Lunt, Town Clerk Claire Woolfolk, Police Chief Jim Willis, and members of the public.

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

II.     Public Hearing(s)
None Scheduled

III.    Minutes
August 1, 2016  
MOTION:  Selectman Hart moved, with Selectman Reilly seconding, to approve the Minutes as presented.  Motion approved 4-0.  

IV.     Appointments/Recognitions/Resignations
None Presented

V.      Consent Agenda
  • Department Reports:  Wastewater, Public Works
  • Sustainability Committee Minutes from August 10, 2016
  • Maine Department of Agriculture, Conservation & Forestry Floodplain Management Program Letter
  • Acadia National Park Service letter to the Board of Selectmen
  • VNA Home Health Hospice letter of thanks to the Town
  • Downeast Horizons letter of thanks to the Town
  • Mount Desert Nursing Association letter of thanks to the Town
  • Hospice Volunteers of Hancock County letter of thanks to the Town
  • League of Towns minutes from July 26, 2016
  • Hancock County Commissioners Notice of District Caucus for election of Budget Advisory Committee Member(s)
MOTION:  Selectman Reilly moved to accept the Consent Agenda.  Selectman Hart seconded.  

Selectman Shubert requested to pull Item B for further discussion.  The Sustainability Committee is requesting that Public Works Director Tony Smith be allowed to have a structural survey conducted to ascertain the feasibility of such a solar array on the roof of the garage.  Selectman Shubert clarified that Revision Energy is in charge of the project.  Due to net metering, the system will be of benefit to the Town once they’ve bought the array because of the power company’s subsidized payment system.  The Town will have to buy the installation after an unspecified number of years, and for an amount not yet determined.  Having the array will allow the Town to take advantage of tax incentives.  It won’t require CO2 production, and it’s appropriate for the Town, ecologically.  

Chairman Macauley inquired whether there would be battery storage.  Selectman Shubert said storage is not required with net metering.  The Town currently paid a demand rate for electricity and a better rate has been negotiated to work with the net metering.  Selectman Hart asked for reassurance that the life expectancy of the arrays is beyond the payback period.  Selectman Shubert noted it could be as much as 15 years before any financial benefit would be seen.  There was an immediate ecological benefit.  

MOTION:  Selectman Shubert moved to authorize Public Works Director Tony Smith to proceed with a structural survey of the Public Works garage using funds currently earmarked in the Public Works Budget.  Selectman Reilly seconded the motion.  Motion approved 4-0.

Motion to accept the Consent Agenda approved 4-0.

VI.     Selectmen’s Reports

        There were none.  

VII.    Old Business
  • Maine DOT Temporary Easement for Jordan Pond Road/Stanley Brook
Town Manager Durlin Lunt requested the item be tabled.  Revisions were required before the item could be addressed.  It was agreed by general consensus to table the item.

VIII.   New Business
  • Public Space Special Event Application – Brooke Taylor Swanson Wedding Reception; Seal Harbor Village Green August 12, 2017
MOTION:  Selectman Shubert moved approval of the Special Event Application as presented.  Selectman Reilly seconded the motion.  

Selectman Shubert recommended not approving the application.  He felt the Seal Harbor Village Green had been proven in the past to be inappropriate for wedding receptions.  Additionally the Town’s policy doesn’t allow amplified music on the Village Green.  It is an imposition on the public using the Green, particularly in August.  A reception was held there two years ago, and it was clear the reception was too large for the space; guests were parking on the Village Green.
Selectman Hart suggested approving the request with the contingency that there be no amplified music.  Selectman Reilly voiced concern over the wedding occurring in August in a public space.  It was noted that other events on the Green occur in August.  Selectman Shubert pointed out that other events held in August are public events, set up for a very short time, supporting local nonprofit organizations.  

Ms. Swanson said her wedding would be an evening wedding.  She is aware of the Town’s irrigation system on the Green and the quiet hours.  She noted she’s seen weddings with amplified music and a tent on the Green.  The reception would be over by 9:30 and there would be a guest list of 150.  

Police Chief Jim Willis stated the Town has no noise ordinance.  If a call was made complaining about amplified music, the police would apply the disorderly conduct state statute.  However, an event permitted by the Town would most likely not be construed as disorderly.  

Selectman Reilly felt ending the reception at 9:30 was reasonable.  Weddings have occurred there, though not receptions.  

Selectman Shubert requested the Board table the request until Seal Harbor citizens were allowed to offer their opinions.  

MOTION:  Chairman Macauley moved, with Selectman Reilly seconding, to table the Motion till the September 6 meeting.  Motion approved 4-0.

  • Traffic/Safety Concerns on Long Pond (Ponds End)
Whitney Farm Road resident Christina Staron reported a number of issues she has witnessed with boat and kayak users interacting with swimmers and causing safety concerns at the Ponds End area of Long Pond.   

Richard Staron stated that he felt the safety issues could spark action from the Town’s insurance.  He described a number of issues he’s witnessed with boat and kayaker use causing safety concerns.  He further described safety issues regarding road traffic and pedestrian traffic.  

Mr. Staron listed a number of ideas he had to alleviate the problem:   
  • Having people hired by the canoe rental business directing vehicle traffic and policing pedestrian traffic control with the canoe rental business through radio contact.
  • Expanding the parking area at Pond’s End and painting lines.
  • Putting up signs in various languages.
  • Parking setbacks at the corners; perhaps putting boulders at the corners to discourage parking there.
  • Having offsite parking.
  • Increase the fence at the canoe rental to prevent jaywalking.
  • Installing a blinking light to warn oncoming traffic.
  • More vigilant ticketing and speed control.
Police Chief Willis stated the piece of land in question was gifted to the Town and has restrictions on how it can be used.  He noted it is public land, therefore the public could not be banned from using it.  At some point the area was improved, which increased public usage.  Additionally, there is a private business across the street from Pond’s End that rents kayaks and canoes.  Town Manager Lunt reported the business was not in violation of any Town Codes.  

Chief Willis felt the issues at Pond’s End were a symptom of parking issues that occur throughout the Town.  The police department handles it as crisis management on a day-to-day basis.  Chief Willis has discussed with Public Works Director Smith the idea of working with engineers to create proactive traffic-calming solutions.  

Speed in the area is regulated by the DOT.  Chief Willis felt the proactive endeavors he had referenced previously might be a way to alleviate some of the problems.  Mr. Staron asked about speed bumps.  Chief Willis said speed bumps are a problem in the winter for plowing, however he felt there were other options that could be utilized.  Chief Willis cautioned against hiring people to act as monitors for the traffic, without appropriate training and safety precautions.  

Mr. Staron suggested paying for personnel through fines charged.    

Mr. Staron asked who was liable if there is an accident.  Selectman Shubert noted that sovereign immunity protects the Town from some lawsuits.  He felt the Town could work on traffic-related issues, but with regard to safety on the water, it was not clear what recourse the Town had.  

Selectman Hart suggested discussing this with the canoe rental company.  

Chief Willis thought the Department of Inland Fisheries regulated freshwater issues and the Town Harbormaster only had jurisdiction over salt water.    

Chairman Macauley suggested talking with the Town attorney and the Town’s insurance company to assess liability.  

MOTION:  Selectman Shubert moved that the Board authorize the Police Chief and Public Works Director to conduct a comprehensive, town-wide safety survey of traffic, congestion and parking.  Selectman Hart seconded the motion.  Motion approved 4-0.

  • Such other business as may be legally conducted
MOTION:  Selectman Shubert moved approval for a Public Space Special Event application for Suminsby Park to be held September 11, 2016.  Selectman Hart seconded the motion, noting it did not meet the 30-day application requirement.  Motion approved 4-0.

IX.     Treasurer’s Warrants
  • Approve & Sign Treasurer’s Warrant AP1709 in the amount of $108,085.70
  • Approve Signed Treasurer’s Payroll, State Fees, & PR Benefit Warrants AP1707, AP1708, and PR1703 in the amount of $3,620.81, $66,836.53, and $96,314.53, respectively
  • Acknowledge Treasurer’s School Board AP/Payroll Warrant 3 in the amount of $53,649.50
MOTION:  Selectman Hart moved, with Selectman Shubert seconding to approve and sign Treasurer’s Warrant AP1709 in the amount of $108,085.70, approve signed Treasurer’s Payroll, State Fees, & PR Benefit Warrants AP1707, AP1708, and PR1703 in the amount of $3,620.81, $66,836.53, and $96,314.53, respectively, and acknowledge Treasurer’s School Board AP/Payroll Warrant 3 in the amount of $53,649.50.  Motion approved 4-0.

X.      Executive Session
None Scheduled

XI.     Adjournment
MOTION:  Selectman Reilly moved, with Selectman Hart seconding, to adjourn the meeting.  Motion approved 4-0.

        Meeting was adjourned at 7:26 PM.





Respectfully submitted,




Matthew J. Hart, Secretary