THE RECORD

ANNUAL TOWN MEETING - MAY 3 & 4, 2004

TOWN OF BAR HARBOR

 

            The voters of the Town of Bar Harbor met at the Annual Town Meeting in the Municipal Building Auditorium, Bar Harbor, Maine on Monday, May 3, 2004.  The meeting was called to order at 8:00 a.m. by the Town Clerk.  The following ballot clerks, having been appointed and duly sworn, were in attendance for the election: (Republican) Eleanor Raynes, Helen Wood; Marianne Barnicle; and (Democrat) Anna Ryan; Barbara Boyington, and Alice Long.

 

            The action taken by the meeting under the various Articles in the Warrant was as follows:

 

 

Article 1       ELECTION OF MODERATOR - To choose a Moderator to preside at said meeting.

 

                     The Town Clerk opened the floor for the election of Moderator.  Chad Smith was nominated.  There being no further nominations, it was moved and seconded that nominations cease.  The motion passed unanimously.  Ballots were cast for Moderator; Chad Smith received five votes and one vote cast for Scott Allen.  Chad Smith was declared elected Moderator and sworn in by the Town Clerk.  Mr. Smith appointed Carolyn Eaton as deputy moderator, who was duly sworn in to serve in his place during his absence from the polls.

 

                     The Moderator called the meeting to order and presided.  The following action was taken:

 

 

Article 2       ELECTION OF OFFICERS - To elect all necessary Town Officers as are required to be elected by secret ballot.

 

                     383 ballots were cast including 24 absentee ballots.  There were three spoiled ballots.

 

For Town Council Member – Three Year Term – Two vacancies

 

                     David Bowden                received                       238

Bruce E. Foss                  received                       138

Valerie E. Scott               received                       273

 

There were three write-ins: 2 no named, 1 Mike Astle

 

David Bowden and Valerie E. Scott were declared elected.

 

 

For Superintending School Committee – Three Year Terms – Two vacancies

 

 

Brian L. Hubbell              received           299

 

Write-In: Joseph T. Burton, III     received           37

 

There were a total of 48 write-in votes: one vote for each of the following: Sue Leiter, Mary Cline, Lisa John, Valerie Scott, Robert Collier, Liston Higgins; three votes for Robert L. Jordan; and two votes for Glenon Friedman.

 

Brian L. Hubbell and Joseph (Tom) Burton, III were declared elected.

 

 

For Mount Desert Island District Trustee – Three Year Term – One Vacancy

 

Robert C. Webber                      received           297

 

There were 6 write-in votes:  one vote for each of the following: Joseph T. Burton, David Lind, Anna Durand, and Liston Higgins; and two votes unnamed.

 

Robert C. Webber was declared elected.

 

 


Article 3     Land Use Ordinance AmendmentMajor Site Plan reference Shall an Ordinance dated January 20, 2004 entitled “An ORDINANCE to Amend the Bar Harbor Code, Chapter 125, Land Use Ordinance, Section 125-66 to correct a previous reference to major site plan” be enacted?

 

Recommendations:

The Planning Board recommends approval, by a vote of 7 to 0.

The Warrant Committee recommends approval, by a vote of 15 to 0.

 

                        VOTED: This article passed by the following votes:

 

                                    YES     336                              NO      35

 

Article 4       Land Use Ordinance AmendmentParking Requirements Shall an Ordinance dated January 20, 2004 entitled “An ORDINANCE to Amend the Bar Harbor Code, Chapter 125, Land Use Ordinance, SECTION 125-67 D to add parking requirements for specific uses and activities” be enacted?

 

 

Recommendations:

The Planning Board recommends approval, by a vote of 7 to 0.

The Warrant Committee recommends approval, by a vote of 15 to 0.

 

VOTED:  This article passed by the following votes:

 

               YES     306                              NO      69

 

 

 


Article 5       Land Use Ordinance AmendmentPermit Requirements Shall an Ordinance dated January 20, 2004 entitled “An ORDINANCE to Amend the Bar Harbor Code, Chapter 125, Land Use Ordinance, Section 125-77 to exempt certain alterations fROm requiring a building permit and require a building permit for signs” be enacted?

 

Recommendations:

The Planning Board recommends approval, by a vote of 7 to 0.

The Warrant Committee recommends approval, by a vote of 12 to 3.

 

                        VOTED:  This article passed by the following votes:

 

                                    YES     300                              NO      71

 

 


Article 6       Land Use Ordinance AmendmentVariance and Administrative Appeals Processes Shall an Ordinance dated January 20, 2004 entitled “An ORDINANCE to Amend the Bar Harbor Code, Chapter 125, Land Use Ordinance, Section 125-102 and Section 125-103 to Amend and create a process for Variances and Administrative Appeals” be enacted?

 

Recommendations:

The Planning Board recommends approval, by a vote of 7 to 0.

The Warrant Committee recommends approval, by a vote of 10 to 5.

 

               VOTED:  This article passed by the following votes:

 

                           YES     304                              NO      57

Article 7       Land Use Ordinance and Map Amendment Neighborhood District Educational Institution Shall an Ordinance dated January 20, 2004 entitled “An ORDINANCE to AMEND THE BAR HARBOR CODE, CHAPTER 125, LAND USE ORDINANCE, TO Create a new neighborhood district with its Dimensional requirements, performance standards, definitions and map district” be enacted?

 

Recommendations:

The Planning Board recommends approval, by a vote of 7 to 0.

The Warrant Committee recommends approval, by a vote of 14 to 0, and

1 abstention.

VOTED:  This article passed by the following votes:

 

                                    YES     317                              NO      56

 

 


Article 8       Land Use Ordinance Amendment –Use of Construction Terminology – Shall an Ordinance dated January 20, 2004 entitled “An ORDINANCE to Amend the Bar Harbor Code, Chapter 125, Land Use Ordinance, Section 125-108 to allow the use of construction code terminology in cases where a DEFINITION does not currently EXIST in Section 125-109 of the Land Use ORDINANCE” be enacted?

 

 

Recommendations:

The Planning Board recommends approval, by a vote of 7 to 0.

The Warrant Committee recommends approval, by a vote of 15 to 0.

 

VOTED:  This article passed by the following votes:

 

               YES     334                              NO      34

 

 

 


Article 9       Land Use Ordinance Amendment – Design Review Board Jurisdiction – Shall an Ordinance dated March 16, 2004 entitled “An ORDINANCE to Amend the Bar Harbor Code, Chapter 125, Land Use Ordinance, Section 125-112 to require multi-family dwellings in the Design Review Board’s jurisdiction be reviewed for a Certificate of Appropriateness as defined” be enacted?

 

 

 

Recommendations:

The Planning Board recommends approval, by a vote of 7 to 0.

The Warrant Committee recommends approval, by a vote of 15 to 0.

 

VOTED:  This article passed by the following votes:

 

               YES     326                              NO      47

 

 


Article 10     Land Use Ordinance Amendment  Multiple Principal Residential Structures on a Lot – Shall an Ordinance dated January 20, 2004 entitled “An ORDINANCE to Amend the Bar Harbor Code, Chapter 125, Land Use Ordinance, Section 125-67 B to CONTINUE to allow multiple dwellings on a lot if the dimensional controls can be met” be enacted?

 

Recommendations:

The Planning Board recommends approval, by a vote of 6 to 1.

The Warrant Committee recommends approval, by a vote of 14 to 1.

 

 

                     VOTED:  This article passed by the following votes:

 

                                    YES     271                              NO      94

 

 


The Town Meeting reconvened on Tuesday, May 4, 2004, in the auditorium, third floor of the Municipal Building, Bar Harbor.  Prior to the meeting, the Emerson Jazz Band performed for the public.

 

            Following their performance, the moderator, Chad Smith, called the meeting to order at 7:12 p.m. and read the results of the May 3, 2004 election.  The moderator made preliminary remarks with respect to the conduct of the meeting. 

 

 

Article A      ELECTION OF WARRANT COMMITTEE MEMBERS - To elect Warrant Committee members as required by Section C-34 of the Town Charter.

 

The moderator reported that the committee formed to submit nominations for the Warrant Committee met and submitted the following nominees:

 

Marian Burns                                           Millard Dority

Heather Dority                                         Cas Dowden

Rosemary Gladstone                                Michael Gurtler

Donna Hanke                                          Lisa John

Amanda Kendall                          David Lind

Joseph Minutolo                                      Harriette Mitchell

Robert Nolan                                          Walter Norwood

Debbie Rechholtz                                    Sarah Richardson

Francis Russell                                         Eben Salvatore

Roger Samuel                                          Claire Sasner

Mike Siklosi                                            Brent Walton

 

There being no further nominations, it was moved, duly seconded, and voted to adopt the Warrant Committee for 2005 as presented.                

 

Article B      EDUCATION BUDGET EXPENDITURES: "Total Expenditures" - To see what sum the voters will authorize the School Committee to expend from the Foundation Allocation, debt service allocation, unexpended balances, tuition receipts, local appropriations, state subsidy and other receipts for the support of schools for FY05 (7/1/04 to 6/30/05).

 

                                                    School                  Town              Warrant

Recommendations:              Committee               Council         Committee

Total Expenditures              $3,950,830         $3,950,830         $3,950,830

 

The Warrant Committee recommended and Chairman Bill Dohmen moved, and it was duly seconded, to authorize the School Committee to expend $3,950,830 from the Foundation Allocation, debt service allocation, unexpended balances, tuition receipts, local appropriations, state subsidy and other receipts for the support of schools for FY05 (7/1/04 to 6/30/05).

 

School Committee member Helen Caviano announced that the health insurance premium rate increase came in substantially less than estimated.  The School Committee recommended and Ms. Caviano moved, and it was duly seconded, that the amount set forth in the Warrant Committee’s motion be reduced by $20,000 to $3,930,830.  The motion passed unanimously.

 

Voted: That the Town authorize the School Committee to expend $3,930,830 from the Foundation Allocation, debt service allocation, unexpended balances, tuition receipts, local appropriations, state subsidy and other receipts for the support of schools for FY05 (7/1/04 to 6/30/05).

 

 

Article C      EDUCATION BUDGET REVENUES: "Foundation Allocation" - To see what sum the voters will appropriate as the “Foundation Allocation” for school purposes and to see what sum the voters will raise as the local share of the “Foundation Allocation” for FY05 (7/1/04 to 6/30/05).

 

                                                                         School                  Town           Warrant

Recommendations:                                   Committee               Council      Committee

State Share of Foundation Allocation         $121,000            $121,000         $121,000

Local Share of Foundation Allocation     $2,680,142         $2,680,142      $2,680,142

Total Foundation Allocation                   $2,801,142         $2,801,142       $2,801,142

 

Voted:  That the Town appropriate $2,801,142 as the total "Foundation Allocation" for school purposes and to raise $2,680,142 as the local share of the "Foundation Allocation" for FY05 (7/1/04 to 6/30/05).

 

 

Article D      EDUCATION BUDGET REVENUES: "Other Revenues" - To see what sum the voters will raise in additional local funds for the support of schools for FY05 (7/1/04 to 6/30/05).

 

                                                       School                  Town              Warrant

Recommendations:                 Committee               Council         Committee

Miscellaneous Revenues              $   8,834             $   8,834             $   8,834

Fund Balance                                 50,605                50,605                50,605

Additional Local Funds            1,090,249           1,090,249           1,090,249

 

The Warrant Committee recommended and Chairman Bill Dohmen moved, it was duly seconded, to raise $1,090,249 in additional local funds for FY05 (7/1/04 to 6/30/05).

 

School Committee recommended and member Helen Caviano moved, and it was duly seconded, that the amount set forth in the Warrant Committee motion be reduced by $20,000 to $1,070,249.   The reduced health insurance premium was the result of the reduction.  The motion passed unanimously.

 

Voted:  That the Town raise $1,070,249 in additional local funds for FY05 (7/1/04 to 6/30/05).

 

The moderator called for a hand vote, the above motion carried by an unanimous vote of 97.

 

 

Article E      EDUCATION BUDGET: State, Federal and Other Funds - In addition to the amount in Article B, shall the voters appropriate and authorize the School Committee to expend additional state, federal and other funds received during FY05 (7/1/04 to 6/30/05) for school purposes, provided that such additional funds do not require the expenditure of local funds not previously appropriated?

 

 

Recommendations:

The School Committee recommends approval, by a vote of 5 to 0.

The Town Council recommends approval, by a vote of 7 to 0.

The Warrant Committee recommends approval, by a vote of 12 to 0.

 

Voted:  That the Town in addition to the amount authorized under Article B, the voters appropriate and authorize the School Committee to expend additional state, federal and other funds received during FY05 (7/1/04 to 6/30/05) for school purposes, provided that such additional funds do not require the expenditure of local funds not previously appropriated.

 

 

Article F       MUNICIPAL BUDGET: Expenditures - To see what sum the Town will raise and appropriate for the Municipal Budget for FY05 (7/1/04 to 6/30/05).

 

Recommendations:               Town Council          Warrant Committee

Total Expenditures                    $7,342,186                        $7,321,624

 

The Warrant Committee recommended and Chairman Bill Dohmen moved, it was duly seconded, to raise and appropriate $7,321,624 for the Municipal Budget for FY05 (the period 7/1/04 to 6/30/05).

 

Councilor Ken Smith moved, and it was duly seconded, to amend the motion by reducing the School Department Capital Improvement Program by $80,000 to reflect lower than expected bids for the School Heating System project.  The motion passed unanimously.

 

Resident Ivan Rasmussen moved, it was duly seconded, to amend the motion by increasing the Police Department parking enforcement budget by $17,500.  Following discussion of the proposed Pay Parking Plan to increase enforcement, the question was moved.  The voice count was too close to call. 

Hand count was called.  Motion was defeated:    

 

Yes      43                    Nay      45

 

The moderator repeated the main motion and it was voted as follows:

 

Voted:  That the Town raise and appropriate $7,241,624 for the Municipal Budget for FY05 (the period 7/1/04 to 6/30/05).

 

 

 

Article G      MUNICIPAL BUDGET: Other Revenues - To see what sum the Town will vote to reduce the amount to be raised by taxation by using estimated revenues and fund balance for the Municipal Budget for FY05 (7/1/04 to 6/30/05).

 

Recommendations:               Town Council          Warrant Committee

Other Revenues                          $2,919,601                        $2,899,039

Fund Balance                             $  488,126                        $  488,126

 

Voted:  That the Town reduce the amount to be raised by taxation by using $2,899,039 from estimated revenues and $488,126 from fund balance for the Municipal Budget for FY05 (the period 7/1/04 to 6/30/05).

 

 

Article H      MUNICIPAL BUDGET: State, Federal and Other Funds – In addition to the amount in Article G*, shall the voters appropriate and authorize the Town Council to expend additional state, federal and other funds received during FY05 (7/1/04 to 6/30/05) for municipal purposes, provided that such additional funds do not require the expenditure of local funds not previously appropriated?

 

*Note: Moderator noted discrepancy; to read Article F, as published and distributed in the Public Notice of the Warrant.

 

Recommendations:

The Town Council recommends approval, by a vote of 6 to 0.

The Warrant Committee recommends approval, by a vote of 15 to 0.

 

Voted:  That the Town in addition to the amount raised and appropriated under Article F, the voters appropriate and authorize the Town Council to expend additional state, federal and other funds received during FY05 (7/1/04 to 6/30/05) for municipal purposes, provided that such additional funds do not require the expenditure of local funds not previously appropriated.

 

 

Article I       EARLY TAX PAYMENT DISCOUNT - To see if the voters will authorize the Tax Collector to accept early payments on the second half installment by the due date of the first half installment and provide the taxpayer with a 1.5% discount on the second installment only.

 

Recommendations:

The Town Council recommends approval, by a vote of 6 to 0.

The Warrant Committee recommends approval, by a vote of 15 to 0.

 

Voted:  That the Town authorize the Tax Collector to accept early payments on the second half installment by the due date of the first half installment and provide the taxpayer with a 1.5% discount on the second installment only.

 

 

Article J       PREPAYMENT OF TAXES - To see if the Town will vote to accept tax payments prior to the commitment date and to pay interest on said tax payments in the amount of 0% per year figured on a monthly basis until the tax commitment date is reached.

 

Recommendations:

The Town Council recommends approval, by a vote of 6 to 0.

The Warrant Committee recommends approval, by a vote of 15 to 0.

 

Voted:  That the Town accept tax payments prior to the commitment date and to pay interest on said tax payments in the amount of 0% per year figured on a monthly basis until the tax commitment date is reached.

 

 

Article K      TAX DUE DATE AND INTEREST RATE - To see if the Town will vote that the first half taxes shall be due and payable on or before September 30, 2004 and that second half taxes shall be due and payable on or before March 31, 2005 and that interest shall be charged at the annual rate of 6.5% on any unpaid taxes due on September 30, 2004 beginning October 1, 2004 and on any unpaid taxes due March 31, 2005 beginning April 1, 2005.

 

Recommendations:

The Town Council recommends approval, by a vote of 6 to 0.

The Warrant Committee recommends approval, by a vote of 15 to 0.

 

Voted:  That the Town’s first half taxes shall be due and payable on or before September 30, 2004 and that second half taxes shall be due and payable on or before March 31, 2005 and that interest shall be charged at the annual rate of 6.5% on any unpaid taxes due on September 30, 2004 beginning October 1, 2004 and on any unpaid taxes due March 31, 2005 beginning April 1, 2005.

 

 

Article L      OVERPAYMENT OF TAXES - To see if the Town will vote to establish the interest rate to be paid to a taxpayer who is determined to have paid an amount of real estate taxes in excess of the amount finally assessed for 2004 at 6.5% per year on the amount of overpayment.

 

Recommendations:

The Town Council recommends approval, by a vote of 6 to 0.

The Warrant Committee recommends approval, by a vote of 15 to 0.

 

Voted:  That the Town establish the interest rate to be paid to a taxpayer who is determined to have paid an amount of real estate taxes in excess of the amount finally assessed for 2004 at 6.5% per year on the amount of overpayment.

 

There being no further business, it was moved and duly seconded to adjourn the meeting at 8:15 p.m.  Motion passed unanimously.

 

 

Attest:

               Patricia A. Gray, Town Clerk of Bar Harbor