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The Wiscasset Newspaper - Online Edition
Jul 28, 2005 "Serving Alna, Dresden, Edgecomb, Westport, Wiscasset and Woolwich" Vol 36, Number 30

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."



Les Fossel

Hannaford

House of Logan

Pottle Real Estate


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editor@wiscassetnewspaper.maine.com    Wiscasset Newspaper    P.O. Box 429, Wiscasset, ME 04578     Tel: 207.882.6355
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