THE RECORD

SPECIAL TOWN MEETING

NOVEMBER 7, 2006

Town of Bar Harbor

The Town of Bar Harbor Special Town Meeting was held in the Municipal Building auditorium, third floor; and the Town Clerk called to order the meeting at 8:00 a.m. Election clerks in attendance were: Democrats - Anna Ryan, Barbara Boyington, Elisa DeMuro, Susan Leiter, Kathleen Moult-Applewhite, James Applewhite, and Valerie Davis; Republicans - Eleanor Raynes, Helen Wood, Joan Allen, Constance Jellison, Maureen Kane, and Marlene Hurd. Patricia A. Gray served as Warden. The following action was taken:

Article 1 - ELECTION OF MODERATOR - To choose a Moderator to preside at the meeting. The Town Clerk opened the floor for election of moderator. Nomination for Richard Hirte as moderator was made. There were no other nominations. It was moved, duly seconded and voted that nominations cease. Motion passed unanimously. Six votes were cast for Richard Hirte. Mr. Hirte was declared elected moderator and was sworn in by the Town Clerk. Alice Long was appointed by the moderator as Deputy Moderator and was sworn in by the Town Clerk. The Moderator declared the polls open at 8:07 a.m. until 8:00 p.m.

There were 2353 Town ballots cast that included 489 absentee ballots. There were six spoiled ballots.

Article 2 - CHARTER AMENDMENT: Ethics

Shall the Town adopt an amendment of the Town Charter, Article III, which authorizes the Town Council to adopt or amend a Code of Ethics, governing all elected and appointed Town officials, including without exception the members of the Town Council, Superintending School Committee and Warrant Committee and their appointees with said amendment to take effect immediately upon adoption?

Recommendations:

The 7 member Town Council recommends adoption, by a vote of 4 to 2.

The 22 member Warrant Committee recommends adoption, by a vote of 12 to 6.

VOTED: This article passed by the following votes:

YES 1853 NO 325

Article 3 - CHARTER AMENDMENT: Amending Annual Town Meeting Date & Notice – Shall the Town adopt a Charter amendment changing the annual town meeting date to the first and second Tuesday in June and amending the content of the warrant, with the amendments to take effect immediately upon adoption?

Recommendations:

The 7 member Town Council recommends adoption, by a vote of 6 to 0.

The 22 member Warrant Committee recommends adoption, by a vote of 17 to 1.

VOTED: This article passed by the following votes:

YES 1889 NO 290

Article 4 - LAND USE ORDINANCE AMENDMENT – Extension of Town Hill Business District – Shall an Ordinance dated June 21, 2006 entitled “An ordinance to amend the Official Neighborhood Districts Map by extending the southern boundary of the Town Hill Business District” be enacted?

Recommendations:

The 5 member Planning Board recommends adoption, by a vote of 4 to 1.

The 22 member Warrant Committee recommends adoption, by a vote of 15 to 1 with two abstentions.

VOTED: This article passed by the following votes:

YES 1746 NO 401

Article 5 - LAND USE ORDINANCE AMENDMENT – Subdivision access – Shall an Ordinance dated June 21, 2006 entitled “An ordinance to amend the Bar Harbor Code, Chapter 125, Land Use Ordinance, § 125-67 G. to amend the requirements for street connections for subdivisions with 15 or more lots or dwelling units” be enacted?

Recommendations:

The 5 member Planning Board recommends adoption, by a vote of 5 to 0.

The 22 member Warrant Committee recommends adoption, by a vote of 16 to 0 with two abstentions.

VOTED: This article passed by the following votes:

YES 1753 NO 367

Article 6 - LAND USE ORDINANCE AMENDMENT – Business Flag Program – Shall an Ordinance dated June 21, 2006 entitled “An ordinance to amend the Bar Harbor Code, Chapter 125, Land Use Ordinance, § 125-67 BB. to amend sign regulations to allow the display of decorative flags as part of an organized program to signify open hours from October to April” be enacted?

Recommendations:

The 5 member Planning Board recommends adoption, by a vote of 5 to 0.

The 22 member Warrant Committee recommends adoption, by a vote of 16 to 0 with two abstentions.

VOTED: This article passed by the following votes:

YES 1789 NO 399

Article 7 - LAND USE ORDINANCE AMENDMENT – Accessory uses in PUD-O – Shall an Ordinance dated June 21, 2006 entitled “An ordinance to amend the Bar Harbor Code, Chapter 125, Land Use Ordinance, § 125-69 M. to grant the Planning Board authority to allow accessory uses not otherwise allowed in Planned Unit Development – Outlying Area (PUD-O) developments at its discretion” be enacted?

Recommendations:

The 5 member Planning Board recommends adoption, by a vote of 5 to 0.

The 22 member Warrant Committee motion to recommend adoption failed, by a vote of 7 to 8 with two abstentions.

VOTED: This article failed by the following votes:

YES 981 NO 1057

Article 8 - LAND USE ORDINANCE AMENDMENT – Definitions: Multifamily Dwelling I and II – Shall an Ordinance dated June 21, 2006 entitled “An ordinance to amend the Bar Harbor Code, Chapter 125, Land Use Ordinance, § 125-109 to amend the definitions of ‘Dwelling, Multifamily I’ and ‘Dwelling, Multifamily II’ ” be enacted?

Recommendations:

The 5 member Planning Board recommends adoption, by a vote of 5 to 0.

The 22 member Warrant Committee recommends adoption, by a vote of 15 to 0 with two abstentions.

VOTED: This article passed by the following votes:

YES 1728 NO 355

Article 9 - LAND USE ORDINANCE AMENDMENT – Lot area definition – Shall an Ordinance dated June 21, 2006 entitled “An ordinance to amend the Bar Harbor Code, Chapter 125, Land Use Ordinance, § 125-109 to amend the definition of ‘Lot Area’ ” be enacted?

Recommendations:

The 5 member Planning Board recommends adoption, by a vote of 5 to 0.

The 22 member Warrant Committee recommends adoption, by a vote of 15 to 0 with two abstentions.

VOTED: This article passed by the following votes:

YES 1699 NO 355

Article 10 - LAND USE ORDINANCE AMENDMENT – Nonconforming structures, lots and lot coverage – Shall an Ordinance dated June 21, 2006 entitled “An ordinance to amend the Bar Harbor Code, Chapter 125, Land Use Ordinance, §§ 125-55, -56 and -109 to amend the definitions of lot coverage, nonconforming structure and nonconforming lot, and the regulation of nonconforming structures and lots” be enacted?

Recommendations:

The 5 member Planning Board recommends adoption, by a vote of 5 to 0.

The 22 member Warrant Committee recommends adoption, by a vote of 13 to 2 with two abstentions.

VOTED: This article passed by the following votes:

YES 1609 NO 425

Article 11 - LAND USE ORDINANCE AMENDMENT – Shoreland standards – Shall an Ordinance dated July 25, 2006 entitled “An ordinance to amend the Bar Harbor Code, Chapter 125, Land Use Ordinance, § 125-68 to amend the Shoreland standards for setback exemptions ” be enacted?

Recommendations:

The 5 member Planning Board recommends adoption, by a vote of 5 to 0.

The 22 member Warrant Committee recommends adoption, by a vote of 15 to 0 with two abstentions.

VOTED: This article passed by the following votes:

YES 1606 NO 440

Article 12 - LAND USE ORDINANCE AMENDMENT – Exceptions to setback for playground equipment – Shall an Ordinance dated June 21, 2006 entitled “An ordinance to amend the Bar Harbor Code, Chapter 125, Land Use Ordinance, § 125-67 B. Lot Standards, to exempt playground structures from certain setback requirements” be enacted?

Recommendations:

The 5 member Planning Board recommends adoption, by a vote of 5 to 0.

The 22 member Warrant Committee recommends adoption, by a vote of 9 to 5 with three abstention.

VOTED: This article passed by the following votes:

YES 1592 NO 474

Article 13 - LAND USE ORDINANCE AMENDMENT – Board of Appeals appellate and de novo procedures – Shall an Ordinance dated June 21, 2006 entitled “An ordinance to amend the Bar Harbor Code, Chapter 125, Land Use Ordinance, § 125-103 to establish the administrative process for appellate review and de novo hearings and to amend other administrative procedures” be enacted?

Recommendations:

The 5 member Planning Board recommends adoption, by a vote of 5 to 0.

The 22 member Warrant Committee recommends adoption, by a vote of 11 to 2 with four abstentions.

VOTED: This article passed by the following votes:

YES 1638 NO 346

Article 14 - LAND USE ORDINANCE AMENDMENT – Cluster Developments – Shall an Ordinance dated June 21, 2006 entitled “An ordinance to amend the Bar Harbor Code, Chapter 125, Land Use Ordinance, Appendix C, to remove “Cluster development” from the Table of Permitted Uses in all districts” be enacted?

Recommendations:

The 5 member Planning Board recommends adoption, by a vote of 5 to 0.

The 22 member Warrant Committee recommends adoption, by a vote of 15 to 0 with two abstentions.

VOTED: This article passed by the following votes:

YES 1695 NO 357

Article 15 - LAND USE ORDINANCE AMENDMENT – Bar Harbor Historic Corridor district – Shall an Ordinance dated June 21, 2006 entitled “An ordinance to amend the Bar Harbor Code, Chapter 125, Land Use Ordinance, § 125-19 to amend the minimum front setback in the Bar Harbor Historic Corridor” be enacted?

Recommendations:

The 5 member Planning Board recommends adoption, by a vote of 5 to 0.

The 22 member Warrant Committee recommends adoption, by a vote of 15 to 0 with two abstentions.

VOTED: This article passed by the following votes:

YES 1689 NO 368

Attest: __________________________________________________

Patricia A. Gray, Town Clerk of Bar Harbor