Online poll: 72% in Tremont forum favor banning campgrounds altogether
Sticker shock for MD emergency services; ferry crises: one solved, one looms
TREMONT, Jan. 8, 2022 - An overwhelming percentage of those attending a community forum Thursday night favor stricter enforcement of campgrounds. The forum was hosted by the citizens group seeking changes to the town’s land-use ordinance.
Thirty six out of 50 who voted said the town should ban campgrounds altogether.
An online tool using Zoom technology allowed attendees to vote anonymously. QSJ counted 61 participants, and 87 percent stated they were local taxpayers. You may see the results below. The meeting was a sharp contrast to the helter skelter forum conducted by the Comprehensive Plan Task Force in December when only a dozen people showed up and the chairman was 15 minutes late.
Among those attending Thursday were Jamie Thurlow, select board chair, and James and Kenya Hopkins, owners of Acadia Wilderness Lodge, the subject of the citizens uprising to block campground development in residential neighborhoods. They did not participate in any of the discussions. Everyone was allowed to vote in the polls, including the Hopkinses.
Tremont has an adult population of about 1,200. A 5 percent sample is extremely credible in a poll, most pollsters would agree. Of course most of those attending were pre-disposed to oppose the campground.
The results are bound to put pressure on the select board which must decide on Jan. 24 whether to extend a moratorium against campground development for another six months. The current moratorium expires Jan. 29.
Concerned Tremont Residents, the group which won the moratorium with 428-215 votes on Nov. 2, wants the time to complete the work on revising the ordinances but has indicated it will proceed on its own if necessary. Maine law provides for that possibility.
The Planning Board, which approved AWL’s application Nov. 1 for a 55-yurt “glampground,” has been made largely irrelevant in the process. Chairman Mark Good said in a meeting in December that he did not wish to engage with the consultant hired by CTR to map out ordinance changes.
PB member Brett Witham, who happens to be chair of theComprehensive Plan Task Force, has shown hostility toward CTR, calling it “reactionary.” Neither Good nor Witham are elected officials.
The consultant, Terry DeWan of Falmouth, was stricken with Covid-19 Thursday and could not participate. But the online poll he designed was implemented as planned. Here are the results:
Taking over town ambulance service no slam dunk, select board learns
MOUNT DESERT - If you like solving puzzles, perhaps you can volunteer to help the town draft its fire fighter/EMT schedule for the year.
As if the sticker shock of $481,000 to take over the town’s private ambulance service wasn’t enough, the select board got a primer on the scheduling of emergency service personnel Monday night. No one got a grade of A.
Northeast Harbor Ambulance Service, which was started in 1938, threw in the towel in 2020 when declining volunteerism across the country reached a crisis point. The town then decided to accept responsibility for operating the ambulances.
Fire Chief Mike Bender’s proposal this week was a reality check.
Select board members suddenly found themselves debating the arcane art of scheduling emergency personnel without the benefit of previous experience.
Bender proposed adding five full-time employees so the town would have 24/7 emergency coverage at two stations - Northeast Harbor and Somesville. Each station would have a fire fighter and EMT on call. There would be three “platoons” in a “24-48” schedule. Each member would work 24 hours and take off for 48 hours. But they would end up working 56 hours a week on average because some weeks would differ from others.
He also announced that Bar Harbor has declined to consolidate its Town Hill operation with Somesville for another year. (Bar Harbor has a new town manager.)
The 24/48 schedule is basically the same system used in Bucksport and Bar Harbor.
But deputy chief Tom Wallace said he favored a 42-hour average work week which would require the addition of another platoon.
In a major crisis of shortage of such workers across the country, the most inexpensive route may not be the best.
Tommy Chisholm, chief of Southwest Harbor fire department, said he resigned from Bar Harbor to take a position with Bangor precisely because of the 42-hour work week. He said Brewer has also adopted a similar schedule.
The situation is very similar to that in Silicon Valley where coders demand a premium. Recruitment is not always solved by paying more. Mount Desert already pays better than many others, an average of $27 an hour.
Footnote: 56 percent of the fire calls are for false alarms triggered by automated centralized systems. Most of these calls are in Northeast Harbor. The Summer Residents Association should consider an education program on best practices to reduce such calls, and set up a fund to allay the cost to the town.
Full 2022 cruise ship season likely … Sidman: council behavior ‘ludicrous’ - ‘we’ll get it done’
BAR HARBOR - North Korea fired another test missile. Donald Trump issued another claim of election fraud. And the Town Council here again kicked the can down the road on cruise ship visits.
At the first meeting of 2022 Tuesday, the council voted unanimously to seek legal advice on what authority it has to limit cruise ship visits. (A sure sign of an ineffectual body is when lawyers or accountants take over.)
At issue is a simple question: Does the town government possess the authority to protect its citizenry? And why would you spend taxpayer money to make that decision?
“All this dodging and weaving is ludicrous,” said Charles Sidman, the chief sponsor of a citizens initiative to cut cruise visits by 70 percent. Sidman was referring to the council and a member of the cruise ship committee Skip Strong who opined that the town may only regulate number of passengers who disembark and not cruise ship anchorage.
“Okay, so we’ll allow them to anchor in the harbor and let no one come onshore,” Sidman said mockingly. Sidman is confident his citizens initiative will prevail so Bar Harbor’s cruise ship tourism will be “falling off a cliff” in 2023. He called the council vote Tuesday “play acting.”
He vowed that a citizens petition will be “fully legal and defensible.”
In the meantime, three council members, Jeff Dobbs, Matt Hochman and Erin Cough, are doing their best to preserve the status quo on behalf of the industry, as if they represented the industry and not citizens. Hochman and Dobbs are up for re-election this year, should they decide to run.
If 2022 ends up with a full schedule of cruise ships - as it appears likely - Sidman said it would fire up opposition to ensure drastic measures be adopted by citizens.
At this stage, Covid-19 and Canada have a better chance of curtailing cruise ship visits in 2022 than the local government.
BH Planning Board members seek to preserve power of supermajority vote
BAR HARBOR - The Planning Board ignored Town Planner Michele Gagnon’s repeated warnings that the board’s public hearing Wednesday did not require any action, and voted to block the issue from appearing on the June town ballot.
The vote to continue the hearing on whether to eliminate the town’s two-thirds voter requirement to change zoning ordinances made it difficult to meet the advance notice required for ballot questions in June. The town allows a simple majority to change land-use ordinances only if the PB approves it.
The vote was 4-2, with new member Earl Brechlin joining chairman Tom St. Germain and members Joseph Cough and Millard Dority. Members Ruth Eveland and Elissa Chesler opposed it.
The question may now appear on the June ballot only if the Town Council ignores the PB action and overrides it on Jan. 18, the last possible date for public posting of a June question.
No one has been able to cite the origin of the supermajority rule, and no other Maine town appears to have such a requirement.
“Based on my anecdotal experience (I’ve practiced municipal law in Maine for over 40 years), such a requirement is comparatively rare among Maine’s nearly 500 cities,” wrote Richard P. Flewelling, Senior Staff Attorney of the Maine Municipal Association replying to a question from town warrant committee member Cara Ryan. “I’m not suggesting it’s illegal, it’s just uncommon, that’s all.”
Uneven enforcement of town ordinances and regulations seems to be a thing in Bar Harbor.
On Nov. 2, by a huge margin, 1260-840, voters changed the town’s vacation rental regulations by created a category of units not occupied by owners and to disallow the transfer of their registration upon sale of the dwellings, until they decline to 9 percent of the housing stock. They are now double that. It was an effort to curb erosion of affordable year-round housing.
St. Germain and Cough, both of whom own vacation rentals, voted against the change, St. Germain went as far as to bar Eveland from voting remotely when she accompanied her husband on important medical appointment. She said later she would have voted in favor. The final vote was 2-2.
The town’s warrant committee disallowed any of its members who owned vacation rentals from taking action, and the remaining members voted 8-1 in favor of the ordinance change. Neither St. Germain nor Cough mentioned their conflicts during Wednesday’s public hearing which they dominated with comments.
QSJ asked new Town Manager Kevin Sutherland whether the PB vote was legal and whether he was pursuing an opinion from counsel.
“I am not sure what the value would be in doing so – whether process was followed or not, there would be no change in the outcome at this stage,” Sutherland responded in an email. “So it’s more about discussing the process. I’d like to spend some time getting to know the members of each of the committees and instead of attorney fee putting those resources toward training on meeting etiquette and procedure.”
In a letter to the PB before Wednesday’s hearing, Ryan wrote, “I sincerely appreciate that PB members know a great deal about our LUO & town, and at a level of detail unmatched by most residents. But that's not the same as always knowing what's best for the town or knowing what the majority of citizens want. Bar Harbor voters are diverse--some going back a lifetime, others bringing new vision, still others do both. They're thoughtful, and talk to each other before elections. If the Planning Board has concerns with a proposed amendment, it should try (harder) to communicate those concerns to the public--not effectually nullify hundreds of resident votes. Bar Harbor citizens, with no history of mindless mob voting, deserve better than this kind of built-in paternalism.
“Whether you agree with the complaint that our Code too loosely defines conflicts of interest and/or we don't live up to what we do have in our Code, I can tell you there's a strong perception of conflicts impeding fair treatment here. This hurts us all. It discourages many, most crucially the younger generation, from serving on our boards & committees. I think it's crucial we address this and I'd argue this is a perfect place to start.”
Cranberry Isles ferry crisis; One solved, another looms
SOUTHWEST HARBOR - Town Manager Marilyn Lowell will recommend the town discontinue allowing the Cranberry Isles ferry use the Upper Town Docks at the Tuesday select board meeting “(or with suggested changes).”
It was unclear what she meant by the words in parenthesis. She did not return a call left on her town office voice mail Friday.
Steve Pagel, who operates the ferry service, and Jim Fortune, Cranberry Isles town administrator, will attend the meeting to seek continued service.
At issue is the parking capacity at the town dock while Cranberry Isles operates a private lot in Manset next to the Hinckley boat yard with 128 spaces rented to islanders. But Cranberry also owns a commercial building with more spaces next to the parking lot. See photo below.
Southwest Harbor residents on Greening Island have complained the ferry takes up valuable dockage space. Seems to QSJ that an easy solution would be for Cranberry Isles to free up some space in Manset for Greening Island residents.
Pagel said the Manset dock and float are not suitable for boats as big as his ferry.
Meanwhile at Northeast Harbor …
NORTHEAST HARBOR - The owner of the larger ferry boat to the Cranberry Isles from Northeast Harbor wrote on Facebook he expects the boat to be re-activated “in a few months” but that with only the smaller boat available, there might be cancellations during foul weather.
“Above all else, we value safety when operating this ferry business. The coast guard does too, which is why our vessels are subject to many inspections throughout each and every year,” wrote Joe Flores of Beal & Bunker. “These inspections ensure that our vessels are as safe and operable as possible. Both of our vessels are also insured.
“The current status of the Sea Queen is that there is a fuel tank issue in the stern. It entails getting a new fuel tank built that meets the coast guard safety regulations. We did not know that this was an issue until it began leaking Mid November. At that time there wasn’t anyone to perform the maintenance due to a few different factors (under-staffing; new Covid-19 strains; booked-up boatyards; and the holiday season approaching).”
“Until then, we have and will continue to use our smaller vessel the Double B. Due to the Double B’s smaller size and that it is temporarily our only vessel we have to cancel more often than we would if we also had the Sea Queen. We hope that the community understands that cancellations during unsafe weather conditions does not have any effect to our business’s physical longevity. On the contrary, running during unsafe weather conditions would effect the physical longevity of our vessels.
“We truly value the Cranberry Isles community; we prioritize the interests of the Island community in just about every decision we make. We understand that we need one another, and we would never take this relationship for granted. We apologize that some people feel that we should be doing more, and because of that we will try our best to do better in every way that we can.
“If there are any questions or concerns; please email us at Bealandbunkerferry@gmail.com.”
According to the Islander, Katelyn Damon, the town of Cranberry Isles’ public safety coordinator, raised possible alternatives to Beal & Bunker, which holds a license from the town to ferry passengers to and from the Cranberry Isles. “We wanted to start a dialog about that ferry company maybe not operating in the future, and what that would mean for us. Our ferries are our lifeline,” she told the Harbor Committee Dec. 20.
Hall Quarry back on Planning Board agenda
MOUNT DESERT - Barack Obama was still president when the residents of Hall Quarry began their fight to prevent the original stone-cutting business from restarting in its neighborhood.
Wednesday night, the Game of Stones will start its eighth season when the Planning Board meets to consider the application of MacQuinn Inc. to restart its stone-cutting business.
Matt Manahan, attorney representing Hans Utsch and Julia Hazzard Merck, wrote Dec. 28, “The Board has already given more than enough opportunities for MacQuinn (quarry owner) to comply with the Board’s direction, including giving MacQuinn an extra almost two months after the October meeting to submit a compliant road plan in response to the Board’s clear direction at its May 2021 meeting.
“The latest ‘consent’ from owner Michael Musetti for MacQuinn to build a road to the site 'does not resolve the underlying issue, which is that the revised Musetti Easement … requires MacQuinn to obtain prior consent from Mr. Musetti before undertaking any construction or maintenance on the easement area,” Manahan wrote.
“In other words, Mr. Musetti still has discretion to deny MacQuinn the ability to comply with the street design and construction standards in Section 5.14; the easement does not provide the rights needed for the Board to conclude that MacQuinn has the right to maintain the road to the required standards.
“What would happen, for example, if the road washed out in a storm, and Mr. Musetti refused to grant MacQuinn consent to repair the road, because they were no longer on good terms? In that event, MacQuinn could not bring the road back into compliance with Section 5.14, and MacQuinn would be unable to meet the street design and construction standards of the Subdivision Ordinance. That possibility means that the Easement is insufficient to provide MacQuinn with the rights it needs to ensure compliance with the Town’s ordinances.”
Whatever the PB decides, the matter likely faces appeal at multiple levels, including another Superior Court appearance.
LINCOLNS LOG
SOUTHWEST HARBOR - you may still donate to the Gofundme campaign which has raised $27,000 for the lobster fisherman whose boat sank Dec. 22 in the harbor here. That will be enough for Nahum Kelly to pay off the salvage bill of nearly $10,000, said Harbor Master Oliver Curry, relieving the town of that obligation. The select board had authorized Curry to remove the boat which was a navigational hazard after it sank.
TRIBUTE :Kathleen J. Gray
1950 - 2021
PRETTY MARSH - Kathleen J. Gray, 71, died December 25, 2021, at a Bangor hospital. She was born in Bar Harbor, February 15, 1950, the daughter of Carl M. and Gladys (Crocker) Bracy.
Kathleen graduated from Ellsworth High School class of 1969. She married George W. Gray of Pretty March on February 18, 1973.
She is survived by her husband, George W. Gray, Sr. of Pretty Marsh; son, George W. Gray, Jr. and wife Pamela of Mt. Holly, NJ; daughters, Susan A. Rose and husband Harold of Westbrookville, NY and Patricia M. Lindley and husband Daniel of Staatsburg, NY; grandchildren, Tara Rose, Brian Rose, Michael Rose, Jonathan Rose and Thomas Rose; sisters, Joyce Quinlan of Bar Harbor and Cindy Bracy of Ellsworth; sister-in-law, Deborah Gray-Parlee and husband Wayne of Pretty Marsh; nieces, Barbara Chatterton, Kelly Quintan and Jennifer Hopkins; nephews, Richard Chatterton and Melia Parlee and many grandnieces and nephews. She was predeceased by her sister, Doris Davis, nephew, Michael Quintan.
Arrangements by Jordan-Fernald, 1139 Main St. Mt. Desert
Condolences may be expressed at www.jordanfernald.com