THE RECORD

ANNUAL TOWN MEETING - MAY 2 & 3, 2005

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 2, 2005.  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 Richard Hirte.  

 

            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 duly seconded that nominations cease.  The motion passed unanimously.  Ballots were cast for Moderator; Chad Smith received eight votes.  Chad Smith was declared elected Moderator and sworn in by the Town Clerk.  Mr. Smith appointed Milford (Artie) Shaw 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.

 

                     548 ballots were cast including 32 absentee ballots.  There was one spoiled ballot.

 

For Town Council Member – Three Year Term – Three vacancies

 

                     Neil E. Callahan               received                       267

Jefferson G. Dobbs          received                       289

Ruth A. Eveland              received                       330

Bruce E. Foss                  received                       221

Robert L. Jordan, Jr.       received                       301

 

There were eleven write-ins each with one vote: Richard Sassaman, Michael Staggs, Ken Smith, Tom Burton, Heather Sorokin, Claire Sasner, Matt Horton, Jim Pinkham, Enrica Maffucci, James Riley, Jr., and  unnamed.

 

Ruth A. Eveland and Robert L. Jordan, Jr. were declared elected.

For Superintending School Committee – Three Year Terms – Two vacancies

 

 

Margaret T. Jeffrey                      received                       414

Edward R. Johnston                    received                       381

 

There were seven write-in votes:  Duncan Holley 2, John Smith 1, unnamed 4.

 

 

Margaret T. Jeffrey and Edward R. Johnston were declared elected.

 

 

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

 

Write-In Duncan Holley   received                       15

 

There were an additional 36 write-in votes:  one vote for each of the following: Ellen Grover, E. Kenneth Smith, James Riley, Jr., Michael Reisman, Chris Field, Catherine Elk, Gail LaRosa, Dave LaValle, Timothy S. O’Brien, Tricia Cantwell, Bill Trotter, Ann I. Damm, Timothy Fuller, Kathy Cox, Robert Collier, Matt Bartlett, Ken Smith, Edwin Garrett IV, Tom Burton, Stephen Demers, Valerie Howard, Dick Schloss; twelve votes unnamed or invalid, and two for Sheldon Goldthwait.

 

 

Duncan Holley was declared elected.

 

 

 


Article 3 - Land Use Ordinance Amendment – Expansion of Allowance for Churches and Change of Definition to Places of Worship – Shall an Ordinance dated January 4, 2005 entitled “An ordinance to amend the Bar Harbor Code, Chapter 125, Land Use Ordinance, §125-109 to redefine “Church” as a “Place of Worship” and to regulate this use in the Table of Allowed Uses, Appendix C”, be enacted?

 

 

Recommendations:

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

The twenty-two member Warrant Committee recommends approval, by a vote of 13 to 2.

 

 

VOTED: This article passed by the following votes:

 

                                    YES     434                              NO      97

 

Article 4 -LAND USE ORDINANCE AMENDMENT – Shared Parking – Shall an Ordinance dated January 4, 2005 entitled “An ordinance to amend the Bar Harbor Code, Chapter 125, Land Use Ordinance, §125-67 to allow shared use of parking lots”, be enacted?

 

 

Recommendations:

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

The twenty-two member Warrant Committee recommends approval, by a vote of 10 to 5.

 

 

 

VOTED: This article passed by the following votes:

 

                                    YES     417                              NO      105

 

 

 


Article 5 - LAND USE ORDINANCE AMENDMENT: Exceptions to setbacks - Shall an Ordinance dated January 4, 2005 entitled “An ordinance to amend the Bar Harbor Code, Chapter 125, Land Use Ordinance, §125-67 to exempt fences from setback standards except in the Shoreland Districts”,  be enacted?

 

 

Recommendations:

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

The twenty-two member Warrant Committee recommends approval, by a vote of 15 to 0.

 

 

VOTED: This article passed by the following votes:

 

                                    YES     450                              NO      81

 

 

 


Article 6 - LAND USE ORDINANCE AMENDMENT - Submission requirements for major site plan: groundwater – Shall an Ordinance dated January 4, 2005 entitled “An ordinance to amend the Bar Harbor Code, Chapter 125, Land Use Ordinance, §125-66 to amend the major site plan submission standards relating to groundwater”,  be enacted?

 

 

Recommendations:

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

The twenty-two member Warrant Committee recommends approval, by a vote of 14 to 0.

 

 

VOTED: This article passed by the following votes:

 

              YES     442                              NO      73

 

 

 


Article 7 - LAND USE ORDINANCE AMENDMENT - Temporary accessways – Shall an Ordinance dated January 4, 2005 entitled “An ordinance to amend the Bar Harbor Code, Chapter 125, Land Use Ordinance, §125-71 to amend the definition and regulation of the construction of temporary accessways as part of subdivision permitting activities”,  be enacted?

 

 

Recommendations:

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

The twenty-two member Warrant Committee recommends approval, by a vote of 14 to 0.

 

 

 

VOTED: This article passed by the following votes:

 

              YES     446                              NO      66

 

 

 


Article 8 - LAND USE ORDINANCE AMENDMENT - Building construction codes - Shall an Ordinance dated January 4, 2005 entitled “An ordinance to amend the Bar Harbor Code, Chapter 125, Land Use Ordinance, §125-91 to delete an outdated reference” be enacted?

 

 

Recommendations:

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

The twenty-two member Warrant Committee recommends approval, by a vote of 14 to 0.

 

 

VOTED: This article passed by the following votes:

 

              YES     464                              NO      53

 

 

 


Article 9 - LAND USE ORDINANCE AMENDMENT – Soil suitability guide - Shall an Ordinance dated January 4, 2005 entitled “An ordinance to amend the Bar Harbor Code, Chapter 125, Land Use Ordinance, §125-67 to replace the reference to an obsolete soil guide with the name of the current guide as relates to sewage disposal”,  be enacted?

 

 

Recommendations:

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

The twenty-two member Warrant Committee recommends approval, by a vote of 14 to 0.

 

 

VOTED: This article passed by the following votes:

 

              YES     473                              NO      43

 

 

 


Article 10 - LAND USE ORDINANCE AMENDMENT – Modification of subdivision plan - Shall an Ordinance dated January 4, 2005 entitled “An ordinance to amend the Bar Harbor Code, Chapter 125, Land Use Ordinance, §125-76 to enact rules for the revision of approved subdivision plan”,  be enacted?

 

 

Recommendations:

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

The twenty-two member Warrant Committee

 

 

VOTED: This article passed by the following votes:

 

              YES     446                              NO      61

 

 

 


Article 11 - LAND USE ORDINANCE AMENDMENT - Historic properties – Shall an Ordinance dated January 4, 2005 entitled “An ordinance to amend the Bar Harbor Code, Chapter 125, Land Use Ordinance, Appendix A to correct an outdated reference”, be enacted?

 

 

Recommendations:

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

The twenty-two member Warrant Committee recommends approval, by a vote of 14 to 0.

 

 

VOTED: This article passed by the following votes:

 

              YES     465                              NO      48

 


Article 12 - LAND USE ORDINANCE AMENDMENT - Exceptions to setback and lot coverage and definition of “Essential Services” — Shall an Ordinance dated January 4, 2005 entitled “An Ordinance to amend the Bar Harbor Code, Chapter 125, Land Use Ordinance, §125-67 to amend exceptions to setback and lot coverage and §125-109 to amend the definition of ‘Essential Services’”, be enacted?

 

 

Recommendations:

The seven member Planning Board recommends approval, by a vote of 3 to 2.

The twenty-two member Warrant Committee recommends approval, by a vote of 14 to 0.

 

 

VOTED: This article passed by the following votes:

 

              YES     369                              NO      130

 

 

 


Article 13 - LAND USE ORDINANCE AMENDMENT – Deadline for final plans - Shall an Ordinance dated January 4, 2005 entitled “An ordinance to amend the Bar Harbor Code, Chapter 125, Land Use Ordinance, §125-75 to establish the deadline to submit reproducible copies of final plans for subdivisions and §125-66 to allow the submission of an electronic map, plat or plan”,  be enacted?

 

 

Recommendations:

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

The twenty-two member Warrant Committee recommends approval, by a vote of 14 to 0.

 

 

VOTED: This article passed by the following votes:

 

              YES     451                              NO      57

 

 

 


Article 14 - LAND USE ORDINANCE AMENDMENT – District standards for Downtown Business I for affordable housing - Shall an Ordinance dated January 4, 2005 entitled “An Ordinance to amend the Bar Harbor Code, Chapter 125, Land Use Ordinance, §125-21 to modify the standards for height in the Downtown Business I District to for affordable housing and to create definitions and performance standards for affordable housing”, be enacted?

 

 

Recommendations:

The seven member Planning Board recommends approval, by a vote of 3 to 1, with 1 abstention.

The twenty-two member Warrant Committee recommends approval, by a vote of 13 to 1.

 

 

VOTED: This article passed by the following votes:

 

              YES     367                              NO      148

 

 

 


Article 15 - LAND USE ORDINANCE AMENDMENT – District standards for Downtown Business II for affordable housing - Shall an Ordinance dated January 4, 2005 entitled “An ordinance to amend the Bar Harbor Code, Chapter 125, Land Use Ordinance, §125-21 to modify the standards for height and front setback in the Downtown Business II District for affordable housing and to create definitions and performance standards for affordable housing”, be enacted?

 

 

Recommendations:

The seven member Planning Board recommends approval, by a vote of 3 to 1, with 1 abstention.

The twenty-two member Warrant Committee recommends approval, by a vote of 13 to 1.

 

 

VOTED: This article passed by the following votes:

 

              YES     366                              NO      152

 

 

 


The Town Meeting reconvened on Tuesday, May 3, 2005, 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 7:10 p.m. and read the results of the May 2, 2005 election.  The moderator made preliminary remarks with respect to the conduct of the meeting. 

 

            The Superintendent of Schools, Robert Liebow, recognized long term School Committee member Helen Caivano and John Dargis for their dedication and service.  In addition, out-going Town Councilors Ken Smith and Robin Weir were recognized for their service.  Mr. Smith’s twenty years of service was acknowledged by David Bowden, David Woodside, Jill Goldthwait and Council Chair Val Scott, who presented Mr. Smith with the Town Council’s Resolution and a gift. 

 

 

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:

 

Michael Blythe                                               Millard Dority

Cas Dowden                                                 Michael Gurtler

Scott Hammond                                            Lisa John

Amanda Kendall                                            James Kitler

David Lind                                                    Linda Martin

Patricia Nolan                                                Robert Nolan

Walter Norwood                                           Debbie Rechholtz

Sarah Richardson                                          Susan Richardson

Francis Russell                                               Roger Samuel

Claire Sasner                                     Mike Siklosi

J. Clark Stivers                                              Brent Walton

 

There being no further nominations, it was moved, duly seconded, and voted to adopt the Warrant Committee for 2006 as presented.

 

 

Article B         EDUCATION BUDGET REVENUES: Essential Programs and Services - To see what sum the voters of the Town of Bar Harbor will appropriate for the Town of Bar Harbor’s contribution to the total cost of funding public education from kindergarten to grade 8 as described in the Essential Programs and Services Funding Act (State Recommends $2,727,774) and to see what sum the voters of the Town of Bar Harbor will raise as the municipality’s contribution to the total cost of funding public education from kindergarten to grade 8 as described in the Essential Programs and Services Funding Act in accordance with the Maine Revised Statutes, Title 20-A, section 15688 for the period July 1, 2005 to June 30, 2006.

 

Hand Count Required

 

                                                 School                           Town                    Warrant

Recommendations:           Committee                        Council               Committee

From Property Taxes       $2,383,741                  $2,383,741               $2,383,741

 

The Warrant Committee recommended and Chairman Millard Dority moved, and it was duly seconded, to appropriate $2,727,774 and raise $2,383,741 as the Town’s contribution to the total cost of funding public education from kindergarten to grade 8 as described in the Essential Programs and Services Funding Act for the period July 1, 2005 to June 30, 2006.

 

The State revised their recommendation.  School Committee Chairman Paul Murphy moved, and it was duly seconded, to amend the Warrant Committee motion to read that the Town appropriate $2,766,829 and raise $2,422,796 as the municipality’s contribution to the total cost of funding public education from kindergarten to grade 8 as described in the Essential Programs and Services Funding Act in accordance with the Maine Revised Statutes, Title 20-A, section 15688 for the period July 1, 2005 to June 30, 2006.  The motion to amend passed by majority vote.

 

 

Voted:  That the Town appropriate $2,766,829 and raise $2,422,796 as the municipality’s contribution to the total cost of funding public education from kindergarten to grade 8 as described in the Essential Programs and Services Funding Act in accordance with the Maine Revised Statutes, Title 20-A, section 15688 for the period July 1, 2005 to June 30, 2006.

 

Hand Count:

 

                                    YES     214                  NO    3

 

 

Article C         EDUCATION BUDGET REVENUES: Tax Cap Override - Shall the voters of the Town of Bar Harbor raise and appropriate $1,357,543 in additional local funds for school purposes for the period July 1, 2005 to June 30, 2006, which exceeds the State’s Essential Programs and Services funding model by $953,417?

 

Written Ballot Vote Required

 

Note:

Articles B & C will authorize total property tax revenue of $ 3,741,284.

 

Reason:

To raise additional monies in order to fully fund the 2005-06 budget.

 

                                                 School                           Town                    Warrant

Recommendations:           Committee                        Council               Committee

From Property Taxes       $1,357,543                  $1,357,543               $1,357,543

 

The Warrant Committee recommended and Chairman Millard Dority moved, and it was duly seconded, to raise and appropriate $1,357,543 in additional local funds for school purposes for the period July 1, 2005 to June 30, 2006, which exceeds the State’s Essential Programs and Services funding model by $953,417.

 

School Committee Chairman Paul Murphy moved, and it was duly seconded, to amend the motion to read that the Town raise and appropriate $1,318,488 in additional local funds for school purposes for the period July 1, 2005 to June 30, 2006, which exceeds the State’s Essential Programs and Services funding model by $914,140.  The motion to amend passed.

 

Voted:  That the Town raise and appropriate $1,318,488 in additional local funds for school purposes for the period July 1, 2005 to June 30, 2006, which exceeds the State’s Essential Programs and Services funding model by $914,140.

 

Written vote:

 

                                    YES   222                    NO   10

 

 

Article D         EDUCATION BUDGET EXPENDITURES: Total Expenditures - To see what sum the voters of the Town of Bar Harbor will authorize the School Committee to expend for the fiscal year beginning July 1, 2005 and ending June 30, 2006, from the Town of Bar Harbor’s contribution to the total cost of funding public education from kindergarten to grade 8 as described in the Essential Programs and Services Funding Act, non-state-funded school construction projects, additional local funds for school purposes under the Maine Revised Statutes, Title 20-A, section 15690, unexpended balances, tuition receipts, state subsidy, and other receipts for the support of schools.

 

Hand Count Required

 

                                                 School                           Town                    Warrant

Recommendations:           Committee                        Council               Committee

Total Expenditures           $4,132,573                  $4,132,573               $4,132,573

 

 

Voted:  That the Town authorize the School Committee to expend $4,132,573 for the fiscal year beginning July 1, 2005 and ending June 30, 2006, from the Town of Bar Harbor’s contribution to the total cost of funding public education from kindergarten to grade 8 as described in the Essential Programs and Services Funding Act, non-state-funded school construction projects, additional local funds for school purposes under the Maine Revised Statutes, Title 20-A, section 15690, unexpended balances, tuition receipts, state subsidy, and other receipts for the support of schools.

 

 

Hand Count:

 

                                    YES    208                   NO   1

 

 

Article E         EDUCATION BUDGET: State, Federal and Other Funds - In addition to the amount in Article D shall the Town appropriate and authorize the School Board to expend additional state, federal and other funds received during the fiscal year 2005-2006 for school purposes, provided that such additional funds do not require the expenditure of local funds not previously appropriated?

 

Hand Count Required

 

Recommendations:

School Committee recommends adoption.

Town Council recommends adoption by a vote of 4 to 3.

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

 

 

Voted:  That the Town in addition to the amount in Article D, the voters appropriate and authorize the School Committee to expend additional state, federal and other funds received during the fiscal year 2005-2006 for school purposes, provided that such additional funds do not require the expenditure of local funds not previously appropriated.

 

Hand Count:

 

                                    YES   207                    NO   1

 

 

Article F       MUNICIPAL BUDGET: Expenditures - To see what sum the Town will raise and appropriate for the Municipal Budget for FY06 (7/1/05 to 6/30/06).

 

 

Recommendations:               Town Council          </