THE RECORD

SPECIAL TOWN MEETING

NOVEMBER 7, 2000

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: Democrat - Anna Ryan; Barbara Cole and Susan Leiter until 2:30 p.m., replaced by Richard Hirte and Valerie Davis; Republican - Eleanor Raynes, Carolyn Eaton, and Helen Wood. Democrat Elisa DeMuro was a floater during mealtime break. The Town Clerk, Patricia A. Gray, served as deputy warden and Milford H. Shaw 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 Chad Smith as moderator was made. There were no other nominations and it was moved, duly seconded and voted that nominations cease. Motion passed by unanimous vote. Twelve votes were cast for Chad Smith. Mr. Smith was declared elected moderator and was sworn in by the Clerk. The moderator swore in Milford H. Shaw to act as Deputy Moderator during the time he was absent from the polls. The moderator declared the polls open at 8:07 a.m. until 8:00 p.m.

There were 2,840 Town ballots cast that included 452 absentee ballots.

Article 2-CHARTER AMENDMENTS: Ballots – Shall the Town adopt a charter amendment regarding content of text and recommendations on ballots, warrant, and public notice, as reprinted below with said amendments to take effect immediately upon adoption?

SECTION 00.02 TOWN MEETINGS

00.02.01Annual and Special Town Meetings

Except as otherwise provided for by the provisions of this Charter, the legislative authority of the Town of Bar Harbor shall continue to be vested in the Inhabitants of the Town of Bar Harbor acting by means of Town Meetings.and theThe Annual Town Meeting shall be held on theirthe first Monday in May and the Tuesday immediately following.said first Monday as follows:

00.02.01.01Secret Ballot

All articles of the Warrant with respect to the election of officials, such other articles as the Town Council shall choose and all articles required by law to be on the printed ballot shall be acted upon, on the first Monday in May;

00.02.01.02Open Town Meeting

and allAll other articles of the Warrant shall be acted upon, on the Tuesday immediately following, at the time and place as set forth in the Warrant. at an open town meeting.

00.02.01.03State Law Controlling; Exceptions

The provisions of the Revised Statutes of the State of Maine, as amended, shall govern the manner in which all Annual and Special Town Meetings shall be called and conducted, except that:

00.02.01.03.01Contents of Ballots

In addition to the provisions of the Revised Statutes of the State of Maine, the ballots for all Town Meetings shall include:

· for each ballot article except election of officeholders, the recommendation of the Warrant Committee, including the number of committee members and the number of committee members voting for and against the recommendation,

·for each Land Use Ordinance amendment article, the recommendation of the Planning Board, including the number of board members and the number of board members voting for and against the recommendation,

·for each ballot article affecting school issues, the recommendation of the School Committee, including the number of committee members and the number of committee members voting for and against the recommendation,

·for each ballot article except Land Use Ordinance amendments and election of officeholders, the recommendation of the Town Council, including the number of councilors and the number of councilors voting for and against the recommendation,

00.02.01.03.02Warrant

The Town Meeting Warrant shall be prepared as required by law, include the recommendation of the Planning Board as to any Land Use Ordinance amendments and be posted in the Municipal Building.

00.02.01.03.03Public Notice

In addition to the Town Meeting Warrant, a public notice shall be prepared by the Town Manager and posted in the Municipal Building and any other voting place in advance of and during the election and Town Meeting. The notice shall include:

·the date, time and place of the Town Meeting,

·a listing of each of the warrant articles,

·a brief statement outlining the intent of the proposed article,

·for each ballot article except election of officeholders, the recommendation of the Warrant Committee, including the number of committee members and the number of committee members voting for and against the recommendation,

·for each Land Use Ordinance amendment article, the recommendation of the Planning Board, including the number of board members and the number of board members voting for and against the recommendation,

·for each ballot article affecting school issues, the recommendation of the School Committee, including the number of committee members and the number of committee members voting for and against the recommendation,

·for each ballot article except Land Use Ordinance amendments and election of officeholders, the recommendation of the Town Council, including the number of councilors and the number of councils voting for and against the recommendation,

·such other explanatory material as, in the opinion of the Town Council, would help the voters better understand the issues at hand.

[end]

VOTED: This article passed by the following votes:

YES 1,920 NO 554

Article 3-LAND USE ORDINANCE AMENDMENT: Decreasing Setbacks in Salisbury Cove Corridor District – Shall the Bar Harbor Code, Chapter 15, Land Use Ordinance, be amended to change the front setback in the Salisbury Cove Corridor District for lots with frontage on Route 3?

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15.03.22

Minimum front setback: 150 for lots with frontage on Route 3; 75 elsewhere

Planning Board recommends adoption of this article.

VOTED: This article failed by the following votes:

YES 931 NO 1,624

Article 4-LAND USE ORDINANCE AMENDMENT: Decreasing Setbacks on Lower Main Street - Shall the Bar Harbor Code, Chapter 15, Land Use Ordinance, be amended to change the front setback in the Downtown Business District?

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15.03.06

Minimum front setback: 0 on Main Street from West Street south to Atlantic Avenue and Newton Way Park Street and Livingston Road; on Mount Desert from Main Street west to School Street; on Cottage Street from Main Street west to Rodick Street; on the south side of West Street west to the Downtown Business District boundary between lots 3-4-10 and 3-4-11; 15 elsewhere

Planning Board recommends rejection of this article.

VOTED: This article failed by the following votes:

YES 822 NO 1,704

Article 5-LAND USE ORDINANCE AMENDMENT: Restaurants as Permitted Use in the Bar Harbor Corridor District – Shall the Bar Harbor Code, Chapter 15, Land Use Ordinance, be amended to allow restaurants as a permitted use, with Site Plan approval, in the Bar Harbor Corridor District?

[Exhibit A, the Table of Uses promulgated pursuant to 15.03.01, shall be amended to provide that restaurants are permitted uses, with Site Plan approval, in the Bar Harbor Corridor District.]

Planning Board recommends adoption of this article.

VOTED: This article passed by the following votes:

YES 1,264 NO 1,261

Attest: __________________________________________________

Patricia A. Gray, Town Clerk of Bar Harbor