Ordinance banning data centers adopted by Eastport council

With no discussion, the Eastport City Council, at its September 9 regular meeting, unanimously adopted an ordinance to prohibit large‑scale data centers in the city. About 30 people were at the meeting, and Deborah Gillespie, a leading opponent of the underwater data center proposed by DeepGreen Western Passage, thanked the council for taking the action.

However, a second ordinance submitted to the council by the Eastport Coalition for Healthy Oceans that would require voter approval for commercial and industrial development was unanimously rejected, with councillor Karen Raye noting that city attorneys Rudman & Winchell had deemed the ordinance unlawful and unenforceable. She believes the ordinance prohibiting large‑scale data centers "could be stronger." She will work on amending it to make it so, noting that "perhaps there's something we could take from the second one and put in the first one."

Public hearings on both ordinances had previously been held by the city council and the planning board.

The council also unanimously approved authorizing City Manager Brian Schuth to work with Rudman & Winchell to apply to the Federal Energy Regulatory Commission (FERC) for intervenor status on DeepGreen's application for a preliminary permit for the data center. In addition, a letter will be drafted stating the council's opposition to the project.

On August 19 FERC accepted the filing of an application for a preliminary permit from DeepGreen. Acceptance of an application does not mean that a preliminary permit has been approved. Rather, acceptance of the filing began a 60-day period during which the federal agency accepts public comments and requests for intervenor status. Following that period, FERC will review the comments and application before making a decision on whether to grant a preliminary permit. If the permit, which can be for up to four years, is issued, it would only authorize DeepGreen to conduct environmental baseline studies and engineering work. The company would then have to apply for a license to build the project from FERC, which would involve environmental reviews and potential public meetings.

Other business

In other business, the street vendor ordinance will be taken up again by the council at a later meeting. Councillor Rhonda Stevens pointed out that amending the ordinance to allow food trucks in residential districts with the council's case‑by‑case approval would first need to go to the planning board for a public hearing before coming to the council. Schuth stated that the council did not need to act immediately. The issue first arose earlier in the year about one food truck in one residential yard.

One other ordinance was also on the agenda, as the council unanimously accepted a grant for $9,200 to support amending the housing opportunity ordinance to bring it into compliance with changes in state law. Schuth noted that accepting this grant will cover all costs of making changes to the ordinance.

Sidewalks again came up for discussion as the High Street sidewalk project has run into issues requiring additional expenditures. "Unknown things" discovered in the ground complicated the trench work that has to be done in order to put in drains. The council approved taking $12,528 from the capital account to pay for this work, which is beyond the scope of the original bid, which was for $15,802.

Only one bid was received for a new roof for city hall. The bid was for metal roofing only and offered two options, 26‑gauge and 28‑gauge metal. A question was raised about the suitability of metal roofing in a marine environment, although they are common in Eastport. Councillor A.J. Seeley suggested putting the job out to bid a second time. The council unanimously approved a new request for bids for metal and asphalt, though council President Billy Boone did express concern about bidders now knowing what the original bid was, which meant they could underbid it.

The council also unanimously approved $6,197 from the capital account for a proposal by Robert Wade to improve the exterior of city hall by power‑washing, dealing with some rot around windows and painting.

The city manager was unanimously directed to pursue a memorandum of understanding with Perry and Sipayik with "reasonable compensation," suggested as $500, for the services of animal control officer Reid Kozloski, as he is the only one in the area.

Victoria Ganz requested putting the airport trailer, unused since the new terminal was built, out to bid to cover some unanticipated expenses, including painting and sealing cracks on the runway apron and tree removal from the end of the runway. Pilot Daryl Wurster offered to provide a chainsaw and grinder to remove alders and small trees.

The council appointed Earl Watts to the school board until the November election to fill the seat that has been held by Paul Theriault, who has resigned.

Schuth noted that more staff are needed at city hall, including an immediate need for an administrative assistant. Boone pointed out that there is currently no one who could step up if Schuth were absent, and an assistant city manager is needed. Raye said that before she was on the council she wondered why one had to make an appointment for registering a car, but "now I see what they're doing."

Boone thanked councillor Seeley, who is being deployed with the National Guard, for his service.