By Wayne E. Rivet

Staff Writer

When concerns last summer were raised regarding a boat moored overnight on Highland Lake in front of private property and fears that inadequate sanitary facilities could lead to water pollution, a push was made to develop a Mooring Ordinance, which includes bringing on board a harbormaster.

Town staff — management, code enforcement and community development — through fall and winter looked at existing ordinances used by Rockport, Belgrade, Naples and Harrison, and then crafted a proposal for Bridgton.

The Select Board Tuesday night declined to put the question before voters at the annual June town meeting. All five board members voted against placing the item on the warrant.

“It’s a budgetary consideration,” Board Chair Carmen Lone said. “I don’t think we’re prepared. I wouldn’t want to take an ordinance to the taxpayers that we weren’t prepared to fund or enforce.”

Selectman Paul Tworog added, “It could be like a state unfunded mandate.”

Town Manager Robert Peabody said the board could bring the proposal back “next year or whenever.”

“The staff was just following the Select Board’s instruction...It’s well written,” he added. “We wrote the ordinance. If you don’t want it to go to the voters, well that’s your choice.”

“Don’t throw it away,” Lone responded.

The Select Board discussed the proposed ordinance at their Feb. 13 meeting, at which time, Tworog said, “I believe we should get a Mooring Ordinance on the books as quickly as possible,” but questioned whether the town needed to add a harbormaster, at this time.

“We could put the ordinance in place and do two things. Take it for a test drive and see how does it look a year in in terms of are we having a lot of problems with it,” he said. “And during the first year, publicizing it particularly with Lakes Environmental Association, even to the point the LEA probably being willing to maybe get some training and put up a volunteer.”

Citing the number of waterbodies in Bridgton, Tworog felt it would be quite challenging for a harbormaster to “cover all the grounds.”

Town Manager Robert Peabody pointed out that if the ordinance is passed, “you need an entity to enforce it.”

“You can’t have volunteers enforcing ordinances,” Peabody said.

Lone wondered if the town is unable to hire a harbormaster immediately or within six or nine months, who would enforce the ordinance? “The implementation seems problematic,” she added.

As a town manager in Rockport, Peabody had experience with a Mooring Ordinance and a harbormaster. He pointed out that there are two levels of harbormaster. The top level, the harbormaster has powers to arrest; the other level, there is no arrest authority.

“State law requires you, which you don’t get to opt out of having a harbormaster,” he noted.

Two neighboring towns — Harrison and Naples — have Mooring Ordinances and harbormasters. Harrison has had a harbormaster for several years, and recently bought a new boat and trailer and upgraded supplies ($12,000). Town Manager Cass Newell said the stipend position ($8,250) covers a six-month period. The harbormaster annually attends a two-day training session put on by the Maine Harbormaster Association in Boothbay Harbor. The town roughly has 652 moorings.

Some job responsibilities include maintaining obstruction-free navigation channels, placement of channel markers, assigning mooring permits and maintain required records, and assist the public in understanding ordinances, regulations and placement of assigned moorings.

Harrison also spends $10,000 annually to subcontract with the Maine Warden Service for added coverage.

Tworog supported putting an ordinance in place, and then “see the level of enforcement we think that we’re going to need.” 

“You have to have the enforcement built in,” Peabody reiterated. If the board cuts out the harbormaster portion, “then the board needs to determine who is going to be the responsible entity that has the power to enforce the ordinance.”

Community Development Director Tori Hill added, “The premise of the Mooring Ordinance really is to shore up how we’re permitting and organizing our moorings. It’s not just someone patrolling the waters, but it’s really about the permitting and organization of the moorings. So that is a full-time, at least seasonal job. I don’t think there is staff now to do that. So just something to consider.”

Selectman Bob McHatton chimed in saying he’s against a harbormaster so “I’m obviously against the Mooring Ordinance.”

Peabody pointed out the Select Board decides what items go on the annual warrant. “It’s your decision whether to give the townspeople a choice or not to give them a choice.”

Tworog felt the previous discussion with the public was more about enforcing boating laws than moorings.

“As I read this, the harbormaster does not really enforce any other boating laws,” he said. “The harbormaster is completely and totally focused on one issue, moorings.”

Lone noted that “we had numerous people bring this up, and I think we should give the public the opportunity to vote on it.”

Tworog looked to move ahead with the ordinance “without necessarily having a harbormaster.”

The board took no formal action that night, but Tuesday decided to put the topic on the shelf for the time being.