Council Okays School Street's 18 Month Closure
Water and Sewer Budgets increase, Parking kiosks on their way, Cruise ship work ongoing
BAR HARBOR—Despite a long agenda full of multiple public hearings, a police chief appointment, and a potential land purchase, the Town Council made quick work of the items before it, Tuesday evening. It was the first regular meeting for new Town Manager James Smith, during which the town appointed David Kerns police chief.
SCHOOL STREET CLOSURE
The closure of upper School Street for 18 months during the Jesup Memorial Library’s construction project brought the most discussion. Councilor Matthew Hochman pulled the closure off the consent agenda (one vote approves multiple items) for discussion before it was unanimously approved.
The closure will be from Mount Desert Street to Newton Way.
Newly appointed Police Chief David Kerns said that the library doesn’t have enough space on site for all the construction activities and had come to the town to ask for use of the street. The library, he said, talked to the abutters and he said that the closure was endorsed by all fire, police, and emergency departments. Project Manager Millard Dority, who is also the Planning Board chair was not at the Council meeting, but Kerns said that Dority stated that if they don’t need to be in the road, they’ll open it back up.
“This could be up to 18 months,” Kerns said.
It’s within the chief’s authority to close roads throughout the town, but Kerns wanted to bring it to the Council for discussion because it was such an extended closure.
Hochman said he was concerned about the length of time. “School Street does get a fair amount of traffic through.” At one end of the one-way street is the library and the Abbe Museum, both face Mount Desert Street. The Abbe’s parking is off School Street. At the other end of the street is the Park Street Playground and MDI YMCA. Sidewalks extend through much of the street, including the section that might be closed, but are missing in one area. It is often used by families and residents to get from Conners Emerson or the library to the YMCA or the playground and athletic fields as well as for residential traffic.
Hochman asked what the closure’s impact would be to traffic on Ledgelawn Avenue. He asked if they could eliminate parking so that the Abbe Museum could be used so people can go by. That had been looked at, but the area was still narrow.
Kerns said there would probably be more traffic on Newton Way than Ledgelawn, which concerned both Hochman and Councilor Maya Caines because Newton is quite narrow and residential. The turning radius onto Newton from Maine also creates blind spots.
Caines said she used to live on Newton Way. She said there are a lot of children who walk in the area and she’s concerned about that route to the Y.
The sidewalk will remain open, Kerns said.
Kerns said most of the traffic impacted will be local and added, “Yes, it’s a long time. It’s a good plan based on what they’re faced on limited space.”
Council Vice Chair Gary Friedmann said that his office is on First South Street. “My concern is that in the summer time a lot of traffic veers off down School Street” to avoid traffic congestion. He’s very concerned about shutting that down in the summer months, saying that it’s going to cause an incredible amount of backup.
Friedmann said that the town should try to work with the library to keep that amount of closure to a minimum.
“I think we’re going to see really bad traffic problems if we close School Street all summer long.,” Friedman said.
Cara Ryan, a School Street resident and member of the Appeals Board, speaking as a member of the public, said, “Come summer it’s going to be kind of ugly.”
She said she’s seen cars hit by passing trucks because it’s so narrow at the corner of Newton Way and Main Street. She suggested signage similar to what she’d observed while on vacation in France.
Thru traffic signs are often unenforceable, Kerns said. He also said that he was sure that they could work with Dority to find solutions that worked for everyone.
Charles Sidman said that he is in support of the library project, however, “it’s inconceivable to me that for 18 months a street has to be closed.” He said businesses in the area will be impacted.
Councilor Kyle Shank asked how many parking spaces would be lost. There will be five lost, Kerns said.
Hochman asked if it had to be decided tonight.
Town Manager James Smith said that all the concerns are legitimate, but he was sure that Dority and the library would work well with the town staff. He suggested it be decided tonight.
Friedmann said he wasn’t comfortable with the summer closure and suggested closing the road for the library’s construction except during the months of June to September during which time the staff would work with the Jesup to work on optimal road closing. No one seconded his motion.
Smith then suggested the motion to be changed to simply give the police chief the authorization to open and close the street at his discretion. This is a discretion he already has, but it was the backing he looked for. It passed 6-0.
CRUISE SHIP RULEMAKING
The Town Council held public hearings on three aspects of the cruise ship rules and procedures, but didn’t discuss those rules and procedures themselves other than Council Chair Valerie Peacock introducing the item.
The town has been using memorandums of agreements, which are set to expire at the end of the year during the cruise ship litigation. A group has been looking at the language and numbers of that MOA. The committee of Peacock and Councilor Joe Minutolo, Harbormaster and Special Services Lieutenant Chris Wharff, with occasional input from Sarah Flink, the executive director of CruiseMaine, has met about four times to prepare to engage the cruise lines.
The town has also been working on the rulemaking process for how to enforce the rules for the town’s new rules for disembarkation. This involves changes to the town’s cruise ship operating procedures, Port and Harbor Ordinance, and the Land Use Ordinance. In November 2022, Bar Harbor voters passed a citizen’s initiative that capped daily disembarkations from cruise ships to 1,000 or less. Going over that number generates penalties. The situation has inspired a federal lawsuit by a collective of some local businesses (Association to Protect and Preserve Local Livelihoods—APPLL) and the pilots’ association against the town. Charles Sidman, the main sponsor of the initiative is also involved in the lawsuit as a defender intervenor.
The lawsuit was filed in December 2022, went to trial in July 2023, and is now awaiting a decision by presiding judge Lance Walker. The town held off on changes to the cruise ship process while the case was in litigation, instead using MOAs that had also limited cruise ship visits, but through different mechanisms.
The changes up for public hearing on Tuesday night where to help the town adapt and adopt the new rules once the lawsuit is over.
“They are definitely not done,” Peacock said of the changes, and issues have comes up. “We’re in the process of doing that work still.”
Sidman thanked Peacock for recognizing that the work has not been completed. He does not think the drafts are adequate. He believes there needs to be two steps in the permitting. Especially if there are two disembarkation points, there needs to be separate allowances for each property owner, he said, to know how and when that 1,000 daily cap is reached.
“No matter how the judge decides,” Sidman said. “Part of this process is independent of this decision.”
He also wants the town to earn income from disembarkation. He feels it’s a lost opportunity and said about $1 million could have come into the town coffers if passengers tendered to a town facility rather than a private business.
No other member of the public spoke during the hearing.
Councilor Kyle Shank asked for clarity about emergency allowances. If a cruise ship had an emergency and had to disembark all passengers, he wanted to be sure that there wasn’t a disincentive to do so because of the fines. Hochman said that he believes that’s clear under federal law.
All the documents are available at the link below.
SCHOOL BUILDING PROJECT UPDATE
Principal Dr Heather Webster gave the councilors a quick update on the school construction project, which was approved by voters this past June. The multi-million-dollar project will replace the Conners and Emerson buildings on Eagle Lake Road with one new building.
“We met with Harriman’s Associates on Wednesday,” Webster said of the firm in charge of the project. They are still in the development stage and getting ready to enter the construction stage.
Design development is nearly complete, she said, while programming is 95% complete. School leadership is conducting final edits to the plan.
“We’re continually looking for ways,” to offset costs, School Superintendent Mike Zboray said.
RESOLUTION TO SUPPORT LEWISTON, MAINE
The council read and unanimously supported a resolution to support Lewiston, which endured a mass shooting incident in October.
“We all do have connections to Lewiston and the people of Lewiston,” Hochman said. “As Kyle said in a post, ‘Maine is a big small town.’”
PARKING
The town is in year five of its paid parking program where its single space street meters are taken out every year.
“We spend a couple of weeks, one in the spring, one in the fall, erecting these,” Wharff said. The meters aren’t designed for this and it requires a public works crew and police crew to do the installation and removal. The town takes them out in winter because of snow removal and the narrow width of the town’s sidewalks.
“It’s really going to save a lot of time,” Wharff said of using kiosks. Data shows that the kiosks increase app use rather than coin and also make enforcement easier.
Hochman said his only concern is congestion on the street where the kiosks are and he wanted to be sure they were situated in areas where there is traffic flow. Shank said that the resource savings in just a year will help.
The council unanimously approved the purchase of the 32 kiosks.
According to Wharff,
“The initial cost to purchase 32 kiosks, supplies, shipping and a credit of $18,500 (IPS will buy back used meters) is $224,757. The parking staff can install the kiosks. There is $208,405 in the meter reserve account, so a transfer of $16,352 is needed from the parking vehicle account which can be replenished in the next budget.”
The meters, kiosks, and increased fees have impacted the budget.
“For parking revenue through October 31, we’re at $3.125 million, which is 99% of our target revenue,” Finance Director Sarah Gilbert said.
There are still 45 days in the spring for this fiscal year’s collection to hit that target revenue. That number doesn’t include processing fees.
WATER BUDGET AND SEWER BUDGET PUBLIC HEARING
No members of the public spoke about the water budget amendment nor the sewer budget amendment nor did any councilors. Both budgets and the rate increases were unanimously approved.
The water budget rate increases 31%, (starting April 1, 2024) most of it due to increased debt payments, according to Smith. “The rate increase must be approved by the Maine Public Utilities Commission.”
The sewer budget rate increase begins in January and is an 18% rate increase. This is meant to cover the cost of new debt and increased operating expenses.
RULES OF ORDER
The council changed the rules of order to allow updates earlier in the meeting.
HULLS COVE LAND PURCHASE
The Hulls Cove Pump Station is owned by R.L. White, who would like to sell the .08 acre lot, which is valued and offered to the town for $38,000. The station itself, according to Public Works Director Bethany Leavitt, is due for replacement.
Friedmann asked about sea level rise potentially threatening the low-situated station and the potential for the area to be considered a growth area by the town’s upcoming Comprehensive Plan.
Leavitt said that if they wanted to expand, they should look into another site. Because the Hulls Cove Pump Station is at the lowest point in the area, right by the road, right by the sea, it’s optimal for the sewer system. She said they could look at the 2035 Comprehensive Plan and see what to do in the future, but emphasized that they should purchase the land, which they do not have an easement for.
PUBLIC COMMENT ABOUT HOUSING
The council now has a timer with lights to help keep comments to three minutes.
The only comment came from Ryan who said that she hoped the councilors saw the Wall Street Journal article about other tourist communities who are dealing with housing and employment crises that are tackling it with local sales tax, which doesn’t exist in Maine, to incentivize people to sell houses to others who will use and live locally.
“We don’t have enough of that kind of programs,” Ryan said. She suggested graduated fees on vacation rentals and also creating a housing crisis task force.
FINANCIAL REPORT
Finance Director Sarah Gilbert said the town was just under its expected expenditures. There is only one unfilled position as of now, she said. The Comprehensive Plan, engineering and software services in public works is unencumbered.
“Tax collections remain strong,” she said.
CONSENT AGENDA
The consent agenda vote contained six separate items, which were approved unanimously.
Island Explorer Lease—Possible motion to authorize the town manager to sign a one-year lease renewal with Downeast Transportation Inc.
Health Insurance Reimbursement and Opt Out—Possible motion to maintain the maximum annual payouts under the health reimbursement plan and establish the maximum annual payouts under the wage stipend program.
AOS91 Reorganization Planning Committee—Possible motion to appoint a councilor.
2024 Council Meeting Schedule—Possible motion to adopt the 2024 Council meeting schedule as presented.
Municipal Review Committee—board of directors election.
Code Enforcement—Possible motion to authorize the Town Manager or his designee to enter into a Consent Agreement or Decree to resolve the 11 Eno Pines Land Use Ordinance violation on the terms he deems to be in the best interests of the Town pursuant to Section 125-101(A)(2) of the Land Use Ordinance.
COUNCIL GOAL SETTING
Councilors sat down with a facilitator and will have the results coming up.
“I appreciate you leaning in to the work,” Council Chair Valerie Peacock said to Smith.
Shank said the goal setting session was extremely successful. He said he’s looking forward to getting those processes in place. Those goals will be presented at an upcoming Town Council meeting.
LINKS TO LEARN MORE
https://www.barharbormaine.gov/AgendaCenter/ViewFile/Agenda/3317?html=true
https://www.townhallstreams.com/stream.php?location_id=37&id=50538
