Whiting to create water-level ordinance to protect Mill Pond

At a special town meeting held the evening of December 5, Whiting residents handily approved having the selectmen adopt a new water-level ordinance. The two articles voted upon were: to direct the board of selectmen to "exercise its home rule authority to protect the waters and the water levels of the Whiting Mill Pond" and to require "that the board of selectmen prepare or cause to prepare a water-level ordinance." The first article was approved by a vote of 55 to 7 and the second by a margin of 54 to 7.
The water-level ordinance is a tool that provides a "foundation for the town to set water level should it become necessary," explained attorney Andy Hamilton, who was on hand to represent the town's interests. He noted that the ordinance can remain on the books without ever being implemented, depending on actions taken by the Mill Pond's owner.
Downeast Salmon Federation (DSF), the owner of the Mill Pond since the spring of 2016, is partnering with Maine Coast Heritage Trust to restore fisheries in the region. As part of the nonprofit's mission, it seeks to provide access for river herring to navigate through the Mill Pond and upstream to the Orange River flowage dam and the Rocky Lake outlet. The other two dams are owned by the state, which would only conduct work on its own dams if fish passage is assured beyond the Mill Pond point. DSF has contracted with Wright‑Pierce Engineering to conduct a feasibility study that analyzes three different scenarios for the Mill Pond: repair of the dam and construction of fish ladder; partial removal of dam and construction of fish ladder; removal of dam. The study will include two public meetings, one in January and one in March, and is expected to be completed in March.
In mid‑November a petition with 153 signatures requesting the adoption of the water-level ordinance was turned into the town, and a special meeting and public hearing were held on November 22 to discuss the proposed ordinance for the Whiting Mill Pond.
Select board member Mary Alice Look told the packed room on December 5, "We really need the Mill Pond, the dam across the road for a variety of reasons." She explained that the almost 200‑year‑old Mill Pond has played two important roles in the town's history, the first is its cultural and aesthetic value that makes it eligible for placement on the National Register of Historic Places, and the second is its role in the town and region's fire suppression system. The town had received support for the ordinance from Trescott residents and fire departments that participate in mutual aid agreements with Whiting.
The volume of water in the Mill Pond is significant and allows for reduced property insurance rates for those within five miles of the fire station, which is located right across the street. Look said that the portion of homeowner's insurance allocated to fire would double if the Mill Pond were no longer available to the town's fire department. Homeowners in Trescott and parts of Edmunds would also be affected.
David Wilder, who has been with the Dennys River Volunteer Fire Department for 30 years, echoed what others had said when he noted the overall decline in volunteers for the area's fire departments and the increasing dependence on mutual aid agreements. "Water is crucial," he said. To the idea that water tanks could replace the pond, he told a story about a water tank that fared badly when it ended up with three feet of interior ice because of freezing temperatures mixed with human mishap. In support of maintaining the Mill Pond with the addition of a fish ladder, he said to vigorous applause, "We can have a good water supply and fish that go up the fishway."
Look referenced the existence of photographs from the past that clearly show fish ladders in use on the pond and said, "We're not opposed to fish."