Town of Mount Desert
Board of Selectmen
Minutes
Regular Meeting
Monday, November 7, 2016
Location: Meeting Room, Town Hall, Northeast Harbor
Present were Chairman John Macauley, Selectmen Matt Hart, Brian Reilly, Martha Dudman, and Dennis Shubert.
Also in attendance were Town Manager Durlin Lunt, Police Chief Jim Willis, Fire Chief Mike Bender, Public Works Director Tony Smith, Town Clerk Claire Woolfolk, Harbormaster John Lamoine, Deputy Clerk Jennifer McWain, and members of the public.
- Call to order at 6:30 p.m.
Chairman Macauley called the meeting to order at 6:30.
II. Public Hearing(s)
There were no Public Hearings scheduled.
III. Minutes
Selectman Dudman noted a correction to the Minutes; to remove reference of Tom Richardson as a Selectman from the Minutes.
MOTION: Selectman Shubert moved, with Selectman Hart seconding, to approve the Minutes as amended. Motion approved, 4-0-1. (Selectman Reilly was not present for the meeting, and therefore abstained.)
Selectman Shubert requested taking the Meeting items out of order. Item VIII.F was discussed.
MOTION: Selectman Shubert moved, with Selectman Dudman seconding, to take Item VIII.C out of order for discussion. Motion approved 5-0.
MOTION: Selectman Shubert moved, with Selectman Reilly seconding, to take Item VII.A out of order for discussion. Motion approved 5-0.
MOTION: Selectman Shubert moved, with Selectman Hart seconding, to take Item VIII.B out of order for discussion. Motion approved 5-0.
IV. Appointments/Recognitions/Resignations
- Confirm Appointment of Ellen Brawley to the Warrant Committee
MOTION: Selectman Reilly moved, with Selectman Dudman seconding, to confirm the appointment of Ellen Brawley to the Warrant Committee. Motion approved 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.)
- Department Reports: Wastewater, Public Works (September and October)
- Leaders Program Annual Review
- Email from Howard and Nancy Colter regarding the quarrying in Hall Quarry
- Email from Kelly O’Neil regarding the impacts of a working pit in Hall Quarry
- Sustainability Committee Minutes from October 13, 2016
- Eastern Federal Lands Access Program (FLAP)Projects Application
- League of Towns Minutes from September 20, 2016 and October 25, 2016
- Notice from Maine Emergency Management Agency regarding dry wells
- Notice from Maine Chapter of IAAO
- Thank you letter from Health Equity Alliance
- Thank you letter from LifeFlight Foundation
- Thank you letter from David J. Cote, The Summit Project, to Mount Desert Fire Department and Firefighter Tony Smith
- Thank you letter Aid Society of Otter Creek
MOTION: Selectman Reilly moved, with Selectman Dudman seconding, to move the Consent Agenda as presented. Motion approved 5-0.
VI. Selectmen’s Reports
Selectman Shubert offered his compliments to the Department of Public Works for their quality paving work being done in Seal Harbor.
VII. Old Business
- Discussion with agents from Cruise America and Maine Cruise USA for proposed Northeast Harbor visitations
Chairman Macauley made note of the multitude of emails received with regard to the proposed cruise ship visitations to Northeast Harbor. He mentioned that most of the Town was surprised to see a cruise ship in Northeast Harbor in September 2016. While it has never happened before, the ability for cruise ships to avail themselves on Northeast Harbor has been an approved use since the 1980’s.
Town Manager Lunt provided some history on the subject. A proposal from American Cruise Lines sent a proposal of eleven cruise ship (The American Constellation) visits in 2017. The ship holds approximately 170 passengers, and the shore visits would last three to four hours. The schedule of visits are:
- May – one visit
- June – three visits
- July – two visits
- August – three visits
- September two visits
Town Manager Lunt researched the issue by talking to other towns (Belfast, Camden, Rockland, Castine) receiving visits from the American Cruise Line. Harbor Masters from all these towns praised the American Cruise Line and their willingness to work with officials. Belfast doesn’t set a lot of fishing gear in the approach to the harbor, and gear overall isn’t as densely set as in Northeast Harbor so loss of gear is not an issue. Camden has received no complaints from fishermen with regard to American Cruise Lines. Rockland has a designated channel where traps are not allowed.
The demographic of those using the cruise line are age approximately 65, well-traveled, respectful and interested in the communities they visit, and affluent. On average cruise visitors spend $150 per couple in port. Shops frequented by passengers include antiques, art, clothing, yearn and quilting and marine hardware. Items purchased are shipped. Some passengers make repeat visits to the areas they cruise to.
Selectman Shubert inquired about the level of control the Town has over waters. Harbormaster Lamoine stated that Northeast Harbor has control over the harbor. Outside of that the waters are free and open to all. Bear Island is part of the Cranberry Islands.
It was noted that the towns Mr. Lunt had spoken with are larger, with established travel lanes and smaller fishing communities, with the exception of Rockland. With regard to the money, it breaks out to $75.00 per person for a whole day in town. Visitors would be in Northeast Harbor for only three to four hours.
A Pine Tree Market business owner stated that the day the cruise ship arrived this summer, the store made $3500.00. At that time the average gross sales per week was $2000.00. Cruise ships in the shoulder months would make an enormous difference for the Pine Tree Market.
Representative Paul Taiclet of American Cruise Lines presented their proposal. The ships are 250 feet in length and 54 feet across the beam, draws nine feet, and carry 170 passengers. The ship is being constructed now. It will be crewed by Americans. They are environmentally responsible and will not discharge waste of any kind – sewage or ballast. In addition to a stop in Northeast Harbor, they plan a stop in Bar Harbor. Anchorage would be an approved anchorage outside the harbor with tenders bringing people in and out. It is possible the ship would go into Somes Sound; the itinerary and the possibility of traveling Somes Sound will be dependent on whether the ship can visit Northeast Harbor.
Numbers in meeting attendance necessitated a move to the Elementary School. Mr. Taiclet completed his presentation there.
Mr. Taiclet noted they would like to firm up their itinerary perhaps by the end of the year. It was stated that Northeast Harbor has already been added to the itinerary. The ship has stabilizing fins used in open water, but they can be retracted when coming in to harbor.
Many fervent testimonies were given in opposition to the cruise ships.
It was felt there was not enough room in the harbor for a travel lane into Northeast Harbor. The Bar Harbor travel lane is approximately a mile wide.
James Bright asked how wide a channel would be necessary. He added the Coast Guard can require the Town to create a channel for travel. He suggested that if cruise ships are going to come in be proactive about the eventuality rather than having others step in to make the rules. Other communities have been told traps must be cleared from areas.
It was noted that other communities have had trouble with cruise ships refusing to abide by a channel of travel. Cruise ships have been known to deviate from course as much as two miles. It took three years for Belfast to get cruise ships to abide by a designated travel lane. If a channel is created, fishermen can’t be expected to remove gear from the area for the day a cruise ship is scheduled. The harbor is prime fishing.
It was noted that American Cruise Lines do travel areas where some Town fisherman fish. Lines are often taken out and no effort is made to avoid heavily trapped areas.
A resident asked if the stop in Northeast Harbor is only three to four hours, why come at all. Busses can bring passengers to town from Bar Harbor.
Mr. Taiclet hoped the passengers could be brought to Northeast Harbor for the guest experience, and they understand that if the cruise ship isn’t wanted they don’t want to force themselves on the Town.
The suggestion of bringing passengers to Northeast Harbor by bus from Bar Harbor was reiterated.
Selectman Reilly pointed out that recently residents were opposed to tour busses in Northeast Harbor. A resident suggested small 12 – 15 passenger busses be used to take Bar Harbor cruise ship passengers to Northeast Harbor. Asticou Inn, the azalea gardens, and downtown shops might all be an attraction for passengers, and they can be accommodated. The Town just doesn’t want the ship in the harbor.
Ted Bromage felt there isn’t a lot to attract visitors to Northeast Harbor. Buses or tenders have space to deposit people at the harbor. Northeast Harbor doesn’t have a viable community. He worried this may be a missed opportunity. He added a ship can anchor outside the harbor with or without the Town’s approval. He hoped there was a way to make this situation a benefit to the Town.
A resident requested the proposed cruise ship visitations be rejected. He worried the area might turn into a community like Cape Cod, and he worried that Northeast Harbor could be taken advantage of.
A resident pointed out that the width of the ship’s entryway would be approximately that of the gym the meeting was currently being held in.
One fisherman reported losing 25% of her gear to the September cruise ship visit. She fishes a 25-foot boat. Therefore she can’t fish far outside the harbor. And she can’t take up traps for the days a cruise ship is in Town. It was noted the people impacted by this proposal are the younger people just starting in the industry, and the older finishing their career. It was noted that losing a trap is a minimum of $75.00.
Additionally, it was noted that some cruise ship visitors already do come to Northeast Harbor to escape the crowds. And other visitors avoid the cruise ship crowds in Bar Harbor. The Town is risking their year-round community for the possibility of the summer cruise ships possibly being a benefit.
A resident pointed out that recently there was an article about Bar Harbor trying to limit the people coming off the ships. He mentioned Selectman Hart’s suggestion of scheduling a meeting to discuss the issue.
Selectman Hart noted that he had talked earlier about a meeting, but it had not taken place. He’d like to explore the idea of a travel lane. Would a travel lane be a help to summer resident’s boats and other small boats? Residents did not feel a travel lane would be of benefit.
A resident noted the amount residents spend locally in a variety of ways. A cruise ship can do as much as $50,000 damage to the Town in a day. There is no way to clearly estimate the number of traps affected. He cited many statistics about the money the fishing industry generates for the State and the Town. He reminded the Board that there are numerous other types of boats on the water in the harbor that would be affected by a cruise ship. He suggested marketing Northeast Harbor as an experience different than Bar Harbor.
Selectman Dudman noted that the majority of the emails received were against the cruise ships. It needed to be taken into account. She noted that what’s best for the Town is what the majority of Townspeople want. She praised the fact that so many have shown up to discuss what’s best for the Town. People are trying to revitalize the Town. Hopefully people can work together to make that happen.
Storey Litchfield presented a list of 700 names of residents opposed to the cruise ship visits. Additionally, she mentioned plans to help with development and attracting new residents to Town. She felt cruise ships are not the answer.
A resident noted the visits resulted in visitors only being in town a few hours, eleven times a year. He added the nine foot draw on the ship was comparable and sometimes less than some of the summer yachts using the area. He suggested holding off voting and select a committee consisting of some merchants to brainstorm possible options.
Conversation touched on the economic development of the Town in general.
It was noted that the Northeast Harbor fishing fleet is now approximately 20 boats employing upwards of 50 people. The lobstering industry is the only growth business in the Town.
A resident mentioned the safety risk of a huge ship in the harbor. The ecology affected by the proposal should also be addressed.
Mark Puglisi mentioned that ground transportation from Bar Harbor has been talked about a number of times. It was suggested the cruise line work with the residents, sign people up before docking to take a bus to Northeast Harbor for the afternoon.
Eastern Way was discussed. A resident felt it would be unfortunate if the Coast Guard forces a travel way through Eastern Way. He felt it was not an appropriate place for a cruise ship.
It was noted that traveling Somes Sound was an alternative to docking in Northeast Harbor. The waters in Somes Sound were not controlled by the Town.
Selectman Shubert felt Northeast Harbor was just not a cruise ship destination. The Town needs to care for the year-round community here and the summer community here.
It was pointed out that if Northeast Harbor refused the cruise ships, there’s nothing to stop them from approaching the Cranberry Isles or Southwest Harbor. A stop in Southwest Harbor or the Cranberries will still result in gear loss. It would be tragic without any benefit to the Town. He mentioned Dysart’s new marina, and he wondered what gear loss was from ships entering there.
Mike Ross with the Mount Desert Economic Sustainability Committee noted that allowing the cruise ships in was a bit of instant economic gratification, yet did not focus on what the Town really needed. He suggested the decision did not need to be made that night. He suggested taking some time for more discussion.
Chris Moore stated the Town must vote on the matter. If progress isn’t made, the ships will come. Delaying leaves everyone in limbo. Perhaps a Town Meeting is necessary.
Mia Thompson Brown suggested creating a travel channel would allow for safe passage of the larger boats coming in during the summer anyway and will prevent gear from being lost. She suggested getting fishermen together to have a discussion.
MOTION: Selectman Shubert moved, with Selectman Dudman seconding, to take a vote on the Marine Management’s recommendation. Motion approved 5-0.
MOTION: Selectman Shubert moved, with Selectman Dudman seconding to accept the marine management committee’s recommendation that the Town does not allow cruise ship docking at the marina.
Discussion
Selectman Reilly asked what the economic advisor hired by the Town had to say. Town Manager Lunt reported they wanted to hear what the community had to say first. They do not have an opinion at this point.
Selectman Hart reminded the Board of the roughly 700 emails received. A cruise ship doesn’t fit the character of the Town. Additionally, he admonished those in attendance that they should be at every Board of Selectman meeting. Residents should be involved in the running of their community.
It was noted that the Town can’t ask the cruise line to not choose to use Eastern Way; the water is not the Town’s purview.
Town Manager Lunt noted the Town can only control landing rights at the Northeast Harbor marina.
Selectman Reilly felt that on the whole he sided with the concerns heard. However he worried about whether there was an opportunity to create a compromise to benefit the fishermen and the businesses both.
VOTE: Motion was approved 5-0.
- Request Bracy Cove Pump Station Upgrade project bid to be awarded to Sargent Corporation (lowest responsive bidder) at a total bid amount of $642,251
Public Works Director Smith stated four bids had been received. He was happy with the Sargent Corporation as the low bidder.
MOTION: Selectman Dudman moved, with Selectman Reilly seconding, to award the Bracy Cove Pump Station Upgrade project bid to Sargent Corporation at a total bid amount of $642,251.00. Motion approved 5-0.
VIII. New Business
- Mount Desert Island Regional School System - AOS 91 Long-Range Planning: 10 Years from Now
MOTION: Selectman Reilly moved, with Selectman Shubert seconding, to table the Agenda Item VIII.A. Motion approved 5-0.
It was noted the school will be invited back at another time.
- Acadia Transportation Plan discussion with John Kelly, Acadia National Park
Acadia National Park Superintendent Kevin Schneider and Acadia National Park Public Information Officer John Kelley presented the Acadia Transportation Preliminary Concepts Plan for discussion. It was noted they are bringing this discussion to all communities for input. At this point in time there is no frontrunner preferred alternative. The public will be invited and encouraged to comment through November 30, 2016. It was estimated the project could develop over another two years.
Three issues of priority focus include:
- Making sure Park visitors have a high quality visit.
- Safety
- Preserve the Park’s natural resources.
John Kelly brought newsletters, and noted they were available online as well. The entire Park area is being considered, Isle au Haut to Schoodic. Developmental concepts were outlined for MDI. Concepts such as:
- Reservation systems during busy times for key places with the Park such as Jordan Pond House or Cadillac Mountain.
- Reservations for the Park Loop Road system, with entrances at Hulls Cove and Stanley Brook.
- Restricting all cars on Park Loop Road during the busy times of year and using a transit system that can be accessed from various places around the Island.
- One Park Loop Road bus system concession all visitors and tours must use.
- Island Explorer would still be used, but with enhanced features and routes.
Selectman Shubert voiced concern for any emphasis or heavier use planned for the Stanley Brook entrance. Are non-park roads being taken into account when considering changing park traffic patterns? Mr. Kelly agreed roadside parking is a concern of the Park’s, as well as impacts on the communities. New parking for popular destinations was a possibility as well as the re-working of park land.
Once the comment period is closed, the Park will work on considering different alternatives and options. Through the winter more ideas may develop. Environmental, social and economic impacts will be reviewed as well.
A public session was held at the high school recently, and the Park is still compiling the comments received from that discussion.
Mr. Kelly confirmed there are plans for a new park headquarters. Conceptual planning has been completed. Plans are on hold until there is a better understanding of funding.
The Gateway Center is slated for being a transportation hub.
A resident hoped the Park was working with the DOT, and hoped that bicycling and bike routes were seen as areas to improve. Mr. Kelly agreed the Park is very supportive of bicyclists and improving bikeways is always a focus. Superintendent Schneider noted the Park just participated in a grant application for safe bicycling.
With regard to Park Headquarters, it is a challenge to make the headquarters more accessible. The options are to keep headquarters where they are, or move them to the Hulls Cove Visitor’s Center. Moving would involve major investment. Superintendent Schneider pointed out one of the concepts in the plan presented is to expand the Hulls Cove Visitor’s Center and parking there and move administrative facilities and transportation facilities there.
A resident voiced concern that the Park would not allow tour buses to carry cruise ship passengers into the park. Mr. Kelly assured that there would continue to be a transport system of some sort taking visitors into the park. The cruise ship buses need to be on a reservation system.
It was suggested that areas and activities in the park could be diversified, to spread the people out to other areas not densely used and provide a range of experiences.
A resident noted parking was an issue. He hoped parking can be changed prior to the full plan being ready to implement. Mr. Kelly agreed, and parking has been changed as able.
It was noted the park is not in an area like national parks out west. Perhaps looking to transportation issues and alternatives in small areas in Europe might offer insight.
- Request for residential buildings to tie into a single pump station and then to Town sewer
Bill Hanley presented the request to allow two homes – a main house and a carriage house - on Summit Rd. to share a single dual pump station and single pressure line to make a single opening into the sewer connection on Summit Road. Public Works Director Smith recommended approval. It would alleviate the need for cutting two holes in the road. Mr. Hanley submitted a site plan showing the proposed connection.
MOTION: Selectman Hart moved, with Selectman Dudman seconding, to approve the request. Motion approved 5-0.
- MRC Nomination Form – Anthony Smith seeking re-election
MOTION: Selectman Shubert moved, with Selectman Dudman seconding to vote for Anthony Smith seeking re-election on the MRC. Motion approved 5-0.
- Route 198 Roadway Improvements
Public Works Director Tony Smith referred to the memo he presented, requesting the issue of Route 198 Roadway Improvements be added to the Main Warrant for Town Meeting. He felt the only way the necessary work would get done by the DEP was if the Town assisted with the cost. Such a project cost-sharing was done on the Pretty Marsh Road.
MOTION: Selectman Reilly moved, with Selectman Dudman seconding, to approve the Route 198 Roadway Improvements for Warrant. Motion approved 5-0.
- Boards and Committees Appointment Dates
MOTION: Selectman Shubert moved, with Selectman Hart seconding, to setting Boards and Committees appointment dates to July 1 to coincide with the fiscal year. Motion approved 5-0.
- Authorization to release $3,347.89 from Northeast Harbor CIP Account # 4010100-24680 for the repair and modification of the North Dock Ramp
MOTION: Selectman Shubert moved, with Selectman Hart seconding, to authorize to release $3,347.89 from Northeast Harbor CIP Account # 4010100-24680 for the repair and modification of the North Dock Ramp. Motion approved 5-0.
- Request approval to trade-in the 2014 Ford Explorer and 2013 Ford Taurus towards the purchase of two 2017 Ford Explorer Police Interceptor Utility Vehicles for a net price of $40,614 to be funded through the Police Equipment-Vehicle line #14400110-57200
MOTION: Selectman Reilly moved, with Selectman Hart seconding approval to trade in the 2014 Ford Explorer and 2013 Ford Taurus toward the purchase of two 2017 Ford Explorer Police Interceptor Utility Vehicles for a net price of $40,614 to be funded through the Police Equipment-Vehicle line #14400110-57200. Motion approved 5-0.
- Such other business as may be legally conducted
There was no other business to be conducted.
IX. Treasurer’s Warrants
- Approve & Sign Treasurer’s Warrant AP1726 in the amount of $793,263.06
- Approve Signed Treasurer’s Payroll, State Fees, & PR Benefit Warrants AP1723, AP1724, AP1725, PR1709, PR1710, and PR1711 in the amount of $22,346.97, $1,997.50, $59,104.20, $88,205.16, $7,855.19, and $88,530.23, respectively
- Acknowledge Treasurer’s School Board AP/Payroll Warrant(s) 7 and 9 in the amounts of $24,408.37 and $159,199.18
MOTION: Selectman Hart moved, with Selectman Dudman seconding, to approve and sign Treasurer’s Warrant AP1726 in the amount of $793,263.06, approve signed Treasurer’s Payroll, State Fees, & PR Benefit Warrants AP1723, AP1724, AP1725, PR1709, PR1710, and PR1711 in the amount of $22,346.97, $1,997.50, $59,104.20, $88,205.16, $7,855.19, and $88,530.23, respectively, and acknowledge Treasurer’s School Board AP/Payroll Warrant(s) 7 and 9 in the amounts of $24,408.37 and $159,199.18. Motion approved 5-0.
X. Executive Session
None Scheduled
XI. Adjournment
MOTION: Selectman Reilly moved, with Selectman Dudman seconding, to adjourn the meeting. Motion approved 5-0.
Meeting was adjourned at 8:58 pm.
The next regularly scheduled meeting is at 6:30 p.m., Monday, November 21, 2016 in the Meeting Room, Town Hall, Northeast Harbor
Respectfully submitted,
Matthew J. Hart, Secretary
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