Westport Island Gets Another Freedom Of Access Request
Charlotte Boynton
Westport Island selectmen received a Freedom of Access Act
(FOAA) request from Margaret Stern for records dating back 10
years that are related to mooring permits and the mooring
permitting process.
According to Stern's request she had previously questioned a
possible illegal mooring located close to Rum Cove LLC's
permitted moorings.
The request was e-mailed to Selectman Jack Swanton on July 13;
because the selectmen are meeting every other week during the
summer months, her concern and request did not come before the
selectmen until their meeting Wednesday, July 20.
"Pursuant to the Maine Freedom of Access Act, please provide
access to copies of all records in the custody or possession or
control of any officer, official, or employee or, contractor to
the town of Westport Island, that in any way relate to or
reference mooring permits of the mooring permitting process,
during the period beginning on January 1, 1995, through the date
of fulfillment of this FOAA request," Stern said in her e- mail.
"The records requested include, but not limited to, all minutes
(in draft or final form) of any and all meetings of the harbor
committee, the selectmen, and any other town officers or
officials in which any discussion whatsoever of moorings or
mooring permitting took place," she said.
The selectmen discussed the amount of time involved with the
research of the records she requested, and decided that it could
take at least 20 hours of a town employee's time.
Stern will be required to pay $200 to the town before the
gathering of information she has asked for can begin.
The selectmen also indicated the amount of information requested
could take longer than the 20-hours. Depending on the workload
of the town staff the selectmen said they were not sure when it
would be completed.
Ordinances/Mooring Permitting
The legal opinion of Attorney Chris Neagle regarding local
ordinance control and mooring permits was reviewed at the
selectmen's meeting this past week.
The selectmen asked for clarification on two questions: "Does
state law or your local ordinance control?"
Neagle's answer, "Clearly state law controls where it conflicts
with your ordinance."
"Can a permit be issued to someone who owns land but does not
own a vessel?"
Neagle's answer: "Nothing in state law prevents it. You local
ordinance does not prevent it. So the oblivious conclusion is
that it can be done."
According to Neagle's letter, state law indicating, "the
harbor master can only give moorings to owners or masters of
vessels only applies when (a) channel lines have been
established by the selectmen in a harbor, or (b) individual
mooring rights are claimed to be invaded and protection is
sought from the harbor master. If those facts are not present,
then this language is not relevant."
"It is clear that harbor master can issue mooring permits to
individuals who do not own boats. Nothing in state law or your
ordinance prevents him or her from doing so," Neagle wrote in
his letter.
The selectmen had requested the town harbormaster, Bud
Gallagher, attend the selectmen's meeting to discuss some open
issues. An attempt to reach him by phone during the meeting was
unsuccessful.
Anonymous Complaints
The selectmen received an inquiry from a resident asking how the
town handles anonymous complaints.
The policy for handling anonymous complaints was approved by the
selectmen July 14, 2004; a copy will be sent to the resident.
The policy says, "Anonymous complaints will be addressed to the
board of selectmen. Upon review by the board of selectmen,
legitimate anonymous complaints will be acted upon by the board
of selectmen, and/or referred to the appropriate town official
for further action."
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