Tonight: Town Council Will Discuss Fate of Amplified Outdoor Music
Water and Sewer Budget Increases; Meet the Probably New Town Manager Tonight
BAR HARBOR—The Town Council is set to discuss outdoor amplification during its council meeting, Tuesday, October 16. The meeting begins at 6:30 p.m. and is in Council Chambers on the third floor of Bar Harbor’s Municipal Building on Cottage Street across from Hannaford. The public can attend the meeting and speak both at public comment in the beginning of the meeting and to specific items on the agenda.
The town’s FY 2024 water and sewer budgets; a request to close a piece of Maple Street for Open Table MDI on November 4 for a street dance; a possible endorsement of Pine Tree Power; a public hearing on cruise ship rulemaking; a potential moratorium on transient accommodations; and a sub-committee to review town committees are all also on the agenda.
OUTDOOR AMPLIFICATION
Outdoor amplified music originally came under scrutiny at the Town Council’s September 20 meeting and after neighbors complained, an application by the Bar Harbor Lobster Pound was denied. Many residents spoke against the application. Those opposed to that application included former town manager Dana Reed, who lives nearby. Councilor Earl Brechlin has requested that it be on the agenda.
During that September meeting, discussion focused on the intent of allowing outdoor amplification.
HISTORY OF OUTDOOR MUSIC PERMITS
In a September 4, 2020 for the Mount Desert Islander, now Town Clerk Liz Graves wrote,
“Businesses that hold special amusement permits from the town will be allowed to host amplified live music outside, within certain parameters, under an emergency ordinance approved by the Town Council Tuesday.
“Under the regular special amusement ordinance, no live music with mechanical amplification is allowed outdoors. But because indoor space at restaurants is so limited with social distancing requirements during the pandemic, more is happening outdoors this year.
“Councilor Matthew Hochman requested the change after hearing from several local musicians whose income depends on being able to play live gigs at restaurants. Under the emergency ordinance, groups of no more than three musicians may perform at establishments with special amusement permits, with one vocal microphone per performer, until 9 p.m. The change is in effect for at least the next two weeks, at which point the council will evaluate and decide whether to extend it.”
In April, 2021, Ethan Genter wrote for the Islander, that the town would be holding a public hearing to allow amplified outdoor acoustic music. It was an amendment to the town’s ordinance that passed and was the same as the emergency ordinance created in September 2020.
Past Council packets show that this was discussed at the May 18, 2021 meeting as amendment 2021-04. The amendment is below.
BUDGET INCREASES
The water budget has a proposed 34.3% increase. The sewer budget has a proposed 18% increase. The public hearing on those budgets will be November 21. If approved, the water rate would increase April 1, and the sewer January 1, both in 2024.
CRUISE SHIP DISEMBARKATION RULE MAKING
The cruise ship rulemaking deals with initial drafts that would create a new chapter of the Town Code specifically for “cruise ship disembarkation.” It would also amend the port and harbor section of the town code and create a section that would be an application form.
TRANSIENT ACCOMMODATIONS MORATORIUM
In the packet, acting town manager Cornell Knight advised against enacting a moratorium writing, “At the September 19th meeting the Council discussed and received public comments on a draft moratorium (enclosed). The Council asked for input from planning staff and the Planning Board. Although the Planning Board didn’t vote, there were comments that a moratorium is a useful tool but questioned the need for it at this time and whether ordinance amendments could be accomplished within the 180 days.
“At the joint workshop, the Planning Department staff presented a lot of information that showed they are working on affordable housing issues. They will edit the Housing Policy Framework V2 and present to the Council for adoption at a future meeting. There are currently no pending TA applications before the Planning Board, but one is likely to be submitted next month.
“Also, given the Town Charter requirements on emergency ordinances, you would have to publish a notice and hold a public hearing every 60 days (every 3rd meeting) then publish the ordinance.
“For all those reasons, I would not recommend a moratorium at this time. A possible motion: to not consider a Transient Accommodation Moratorium at this time. Or, a possible motion if you decided to move forward on a TA moratorium: to direct the town manager to edit the proposed TA Moratorium for consideration at the November 21st meeting.”
MEET THE PROBABLE NEW TOWN MANAGER
There will be a meet and greet for James Smith at 5:30 p.m. on Tuesday before the meeting starts. This will be downstairs in the lobby. A possible motion: to appoint James Smith of Brewer as Town Manager and sign the 3-year employment agreement will be before the council during the meeting.
LINKS TO LEARN MORE
https://www.barharbormaine.gov/AgendaCenter/ViewFile/Agenda/3299?html=true
https://barharborstory.substack.com/p/council-drums-away-outdoor-amplified
Thanks for your write-up, Carrie!
I won’t be able to attend the meeting tonight, but I’ve posted to my personal Facebook my views on some of the votes. As it’s a public profile, going to drop a link here for any of your readers who may be interested: https://www.facebook.com/100003512595181/posts/pfbid0JNGMBs5HPTD1n4zJXrQAbhwEN4odPUpLGkzsNe4bxFr6a7LmZciPYwdYErzcA9qel/?mibextid=PvxIeS