Looking For Another Way, Bar Harbor Debates How to Limit Cruise Ships

To repeal or not to repeal: that is part of the question

Aug 09, 2024

BAR HARBOR—One after another, approximately a dozen citizens spoke to the Bar Harbor Planning Board Wednesday night and told the board’s members that they did not want the town’s cruise ship rules to be taken out of the Land Use Ordinance. However, a couple of citizens and two Planning Board members said that they think that taking those regulations out of the LUO and regulating a different way (Chapter 50 or track two) might be a better and more logical way to approach cruise ship limits.

The Wednesday meeting was one of many public comment sessions and public hearings on this specific aspect of the town’s potential changes to cruise ship disembarkation and the rules around it. The Planning Board took no action on Wednesday.

On Thursday, the Town Council moved the potential repeal of the ordinance in the LUO to a public hearing on August 27.

There will be a special Town Council meeting on August 14 to schedule the public hearing on Chapter 50.

The ordinance’s repeal will also come back to the Planning Board and the Planning Board will make a recommendation on if voters should pass it or not. The Warrant Committee will also review and make recommendations on all warrant articles including this one. Voters see all the recommendations in November on the town ballot when they make their own final decisions.

A majority of those attending the 4 p.m. Planning Board meeting spoke in favor of the cruise ship ordinance staying within the town’s Land Use Ordinance (LUO).

However, the town has repeatedly said that keeping the ordinance within the LUO makes it difficult and slow to enforce partially because it is a permitting mechanism. When a notice of violation is issued, the property owner has 30 days to respond. Then the town has to take additional action before sending that violation to be adjudicated in the court system. A notice of violation has already been sent to the property owner that disembarks cruise ships.

The proposed (LUO) amendment on cruise ship disembarkations is “an amendment to repeal and replace the permit requirements for disembarking persons from cruise ships.”

If approved by voters in November, it would repeal track one, the current rules for limiting disembarkations to 1,000 each day. This system was approved by voters in November 2022.

The Council has created a second track that would only come into play if voters remove the original ordinance. That was not meant to be discussed on Wednesday.

“We have nothing to do with Chapter 50,” said Planning Board Chair Millard Dority.

Instead the board’s question Wednesday was confined to whether or not the land use ordinance is the appropriate place for cruise ship regulation.

However, what happens is linked to the second track, Chapter 50, which is the separate potential council-led ordinance that is still being refined.

“It takes cruise ship management out of the ordinance and into Chapter 50,” Town Council Chair Valerie Peacock said of what the LUO amendment to repeal would do.

“Essentially, the Council is striking all the language in the original proposal,” Dority said.

Cara Ryan, speaking as a citizen and not an Appeals Board member, asked if it’s so difficult to implement from the land use ordinance, why not just leave the number in the land use ordinance instead of the new number that’s used in Chapter 50, which creates a different series of seasonal caps, monthly caps, and daily caps via the lower berth capacity of a ship and the town’s reservation system rather than through a disembarkation number.

“I do really feel the number is important,” Ryan said. What is proposed in Chapter 50 is not in the ballpark of that number that the voters agreed to, she said. “We don’t want to be a cruise ship town.”

Charles Sidman, who stressed he was speaking as a citizen at the public hearing, said the difficulties suggested are unpersuasive and unavailing. “I think the proper way of doing this is to keep the regulation in the land use ordinance.”

Sidman was the lead petitioner in the citizen’s initiative that created the ordinance said the town is making plays. “What they don’t realize is that the citizens have taken away the football.” That football, he said, is unlikely to go back to them.

“The enforcement mechanism in the land use ordinance is incredibly difficult,” Matt Hochman said, speaking as a citizen and not as a councilor. He compared it to when there are sign violations, which he said also have to go to court after a long and slow procedure. Moving it out of the LUO gives them a better tool, he said.

Ed Damm spoke about only wanting to have 1,000 disembarkations a day. Whether the numbers stay in the LUO or in Chapter 50, he’d like that number to remain.

Andrew Geel spoke of the November 2022 vote. “It’s been slow walked. It’s now 2024.” He said it was a clear vote and the citizens knew what they were voting on. He called Chapter 50 an eleventh hour plan.

Dority reminded those speaking to focus their remarks on whether or not the land use ordinance is the appropriate place to have management of cruise ships.

David Rapkievian said he is in support of passengers disembarking and embarking at the ferry terminal.

“I do feel it should stay in the LUO because the town voted in favor of that. It’s been litigated and home rule has been verified in the courts.” Brad Haskell said and to start over again feels inappropriate. He said he is okay with paying for litigation that might occur if that happens.

Amanda Kendall said she’d also like it to stay in the LUO. “This is what I voted for.”

“The misinformation campaign continues,” Loren Hubbard said of the others’ comments, and he asked all those attending to watch the Town Council meeting last night because he felt it was a good place to learn what Chapter 50 and the plan is about.

Dority said. “I was on the Planning Board when this original citizen petition came forward…. I really believe [the LUO is] the wrong place. I don't see what land use has to do with managing cruise ships and telling the code enforcement officer what to do and the harbormaster what to do.”

“I have gone back and reread the purpose of the land use ordinance, and I still have a difficult time understanding how this is regulated through the land use ordinance. I didn’t think that was the right vehicle—the right method—I am still not persuaded that the land use ordinance is the best place for this kind of ordinance,” said Vice Chair Ruth Eveland. “I just don’t see that it belongs in that section. It doesn’t mean we don’t have regulations.”

Dority told the group that he’d been on the Planning Board ten years ago.

“Ordinances change. The ordinance changes all the time. I don’t think we should be afraid of it. It’s up to you—It’s up to you in the end whether or not you vote for it. This isn’t going to be something. You’re going to go to the polls. You’re going to vote,” Dority said. “I say let’s hear it. Let’s see what transpires in the next few months.”

COUNCIL SPECIAL MEETING

On Thursday night, the Town Council scheduled multiple public hearings on LUO amendments including one on “cruise ship disembarkations.”

Chapter 50 has not yet been scheduled. There will be a special meeting on August 14 to schedule the public hearing on Chapter 50.

During Thursday night’s meeting, new Planning Board member Teresa Wagner, speaking as a citizen, asked multiple questions as a citizen after saying there needs to be a “really strong reason” to “wipe it off the books.”

She asked about Ocean Properties’ permit that it holds and wanted a better understanding of that permit being held. She asked what assurances the town has that Ocean Properties won’t continue to start litigation even if the ordinance is taken out of the LUO and regulations occur a different way. Similarly, she asked for assurances that the cruise ships would sign something binding.

“We have been successful. Do we really want to just through that away?” she asked before a full season occurs. She said that while she believe the councilors want the best for the town, she doesn’t believe cruise lines do. “I don’t think they care about us.”

Peacock said that they will work through those answers and present them along with others’ questions.

“People are very very confused. I’m, basically, just wondering why we’re even doing this,” said Diane Vreeland. “The people spoke. It’s so hard to be loyal and to be respectful when you town councilors don’t respect the will of the people. I can almost cry about it. It’s democracy. You guys have let us down—you’re in the process of letting us down. You’ve got a bully you’re kowtowing to.”

“If you’re from Maine, we fight,” she said. “You are not representing the will of the people and shame on you.”

Peacock reminded everyone that it’s up to the people of the town to decide. “If it’s not the right thing, it’s not the right thing. People won’t vote for it, but we have put this out here and we’ll keep working on trying to make people understand and where we’re at.”

It was moved forward to public hearing, 6-0.

After the meeting, the Council held an executive session to discuss cruise ship litigation with its attorney. That session wasn’t on the original agenda and was updated August 8 at close to 9 a.m.