Contradictory Rules Sometimes Makes Bar Harbor Committee Work Confusing
Who Gets To Vote A Continuing Question
BAR HARBOR––Parks and Recreation Committee Chair John Kelly’s second order of business for the December 18 meeting of the committee was introducing the newest committee member MDI YMCA CEO and Executive Director Ann Tikkanen. Tikkanen has replaced Bob Huff as the YMCA representative, which is a designated position on the five-member committee.
Prior to the first vote of the meeting, which was approval of the meeting minutes from the last committee meeting on September 18, Kelly said, “Just for everyone’s information, by town municipal code, only residents of Bar Harbor who sit on town committees and tasks forces are allowed to vote. Ann does not live in Bar Harbor so she won’t be voting but that does not lessen her involvement, input, advice, and (any) sort of contribution to the town.”
What Kelly said is true. Maybe.
Tikkanen lives in Southwest Harbor and according to the Town’s Municipal Code, chapter 31 (Boards, Committees, and Commissions), article VIII, section 31-110, she is allowed to live outside of the town and be a committee member as the appointed YMCA representative and she can apparently also vote as a committee member while being a non-resident.
That section reads, “All members are voting members.”
However, the town’s chapter 31, article X, section 31-136 says the opposite.
That section reads, “Persons who are not residents in the Town of Bar Harbor may be appointed to such boards, committees or commissions, but they shall not be permitted to vote on any business that comes before such boards, committees or commissions.”
The minutes of the last meeting were approved unanimously without Tikkanen voting.
PARKS AND RECREATION PURVIEW
After voting in the current agenda, Kelly moved on to the next item of business which was a discussion of Hadley Point Landing and the issue of whether commercial uses are allowed to take place there or not.
Kelly then said that Hadley Point Landing is a town park that is not expressly listed under the Parks and Recreation Committee’s purview, but by being listed in the municipal code’s list of town parks it does fall within the scope of the committee’s responsibility. Chapter 31, article VIII, section 31-107 details the duties of the committee.
This all appears to be accurate.
As you can see at the bottom of section 31-107, it specifically references chapter 144 (Parks), section 144-4 which lists the properties that are considered town parks and lists two properties that are not considered town parks “for the purpose of this chapter.”
Two items later, Director of Public Works Bethany Leavitt gave a Parks and Recreation Committee budget update for the upcoming fiscal year, 2024-25. Toward the end of the budget discussion, Vice Chair Greg Veilleux said, “The town beach is getting used all of the time now, it has, it’s now a real town beach. So, is there any maintenance that goes with that town beach?”
Kelly said, “Not from this committee. It’s one of those oddballs that probably should be within the parks (and recreation committee purview).” Leavitt and member Erin Cough both appeared to agree with Kelly.
However, if chapter 31, section 31-107 is referenced again, it reads specifically, “and the Town Beach” as one of the areas under the Parks and Recreation Committees purview.
2019 CITIZENS’ INITIATIVE
In June 2019, a citizens’ initiative passed 590 to 291 and required voting registration for voting membership on committees, commissions, task forces, and boards covered under Chapter 31 of the town’s code.
The Mount Desert Islander’s Becky Pritchard wrote in 2019 that both Town Attorney Ed Bearor and colleague Stephen Wagner interpreted that “to apply to new appointments only.” In 2020, the Town Council changed the language of “registered voter” to a residency requirement, which allowed people too young to vote in an election, but who were serving on committees, to be able to vote on committees.
According to that same July 2019 article, “Bearor and Wagner wrote that committees governed by the Land Use Ordinance or the town charter are not affected by the change. These include the Design Review Board, the Superintending School Committee, the Warrant Committee, the Charter Commission, and the Mount Desert Island High School School Trustees.”
CURRENT QUESTIONS AND TOWN RESPONSE
On December 30, the Bar Harbor Story contacted Town Manager James Smith, Town Council Chair Valerie Peacock, and Town Attorney Stephen Wagner asking the following questions regarding the non-resident voting discrepancy.
Legally, does one portion supersede the other when it comes to enforcing the town's rules on voting on this committee?
And how does this impact a quorum on a small five-member committee like Parks and Recreation if non-resident members cannot vote?
Does the town plan/want to change this for consistency?
Is this part of what the new subcommittee on committees is looking into?
So far, that email garnered a December 30 response from Smith stating, “Thank you for raising this issue/concern. I’m looking into it in order to resolve the issue.”
LINKS TO LEARN MORE
You can access the entire Town Charter and Town Municipal Code here.
Well thank goodness that mess has been cleared up...