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June 28, 2024
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Eastport residents surprised by council's vote allowing ATVs
by Catherine J.S. Lee

 

      Eastport residents were surprised when the city council, after unanimously voting two months ago to not allow ATVs on the city's streets, approved, by a 3-2 vote, to allow them in portions of the city outside of the downtown and more built-up neighborhoods. The action was taken at the regular June 20 meeting of the council when the matter was not on the agenda to be considered.
      During the meeting, after routine housekeeping items newly appointed councillor Earl Small used the "council liaison issues and updates" section near the end of the agenda to put forward a motion "to allow UTV/ATV access using the bow ordinance map with outside areas of the city being considered an ATV/UTV access area, and to allow the garden club/committee access to plant and/or water any and all plants or flowers in the City of Eastport." The motion was seconded by councillor David Morang.
      Council President William "Billy" Boone suggested that a public hearing should be scheduled and also questioned how the garden club came to be a specific element in the motion. Boone's wife, Diana Boone, is the long serving president of the Eastport Garden Club. The day after the meeting, she posted on Facebook that "the garden club did not approach the city to use the ATV for watering" and that they had "no idea" why the club was mentioned. Small said he had heard the club wanted to use the police department ATV for watering plants around town.
      Small further noted that since the police are allowed to have and operate a UTV in town, then everyone is allowed. Boone asked if that also meant everyone was entitled to have blue lights. Small said that was his opinion.
      Councillor Jeanne Peacock noted that it was unprecedented to have a motion and action on a matter that was not an agenda item. Boone questioned whether or not there needs to be an ordinance in place before holding a public hearing and acting on a motion. At the April city council meeting, city attorney Dennis Mahar had advised that if the council were to put the question to voters, they would either have to have an ordinance on which a vote would be binding, or hold only a non binding advisory vote. Boone reiterated that not allowing any community input on the motion was wrong and "bypass[ed] the public." When the vote was called, Small, Morang and councillor Colleen Dana Cummings voted to approve it. Boone and Peacock voted not to.
      At the end of the meeting, after a motion to go into executive session failed, Boone again addressed the ATV issue, which he felt required a legal opinion from the city attorney. According to the city manager, legal opinions are being sought. Boone further made a motion to enact a 30 day stay on allowing ATV/UTV access. Small questioned whether or not the council president could make motions. The president can indeed make and second motions. Peacock seconded the 30 day stay, which was defeated by a 2 3 vote, with Boone and Peacock voting in the affirmative.
      The issue of allowing an ATV access route into Eastport has been debated for many years and been considered on a number of occasions by the city council, which has voted several times against allowing an ATV route into the city. At a September 2021 hearing on the issue, over 70 people attended, with strong views expressed, both for and against ATVs in the city. The debate centered on issues including noise, safety, quality of life, perceptions about ATV riders and the economic impact they would have. In March of this year, the council heard a presentation from a local resident in support of allowing ATVs on city streets. Then at its April meeting, the council voted unanimously to not allow ATVs to ride on public roads in the city.
      Following the June 20 meeting, Boone says that he has heard from "quite a few" people, with only one in favor of the council's action and many unhappy or confused by it, since they thought the ATV issue was settled following the council's vote in April. He favors having a public hearing and a referendum vote on the issue. "It would be the fairest way to let people speak," he says. "I think a majority of people want closure on this issue and not keep having it brought up."
      In an interview after the meeting, Small says the intent of his motion was "to get the conversation started" about where and how people can use ATVs. While the motion allows ATVs on city roads in the bow-hunting area -- which is to the west of a line running along County Road from its southern tip to Washington St., then east to High St., then north to Clark St. and east on Clark to the water -- he points out it does not allow for ATV use on any state roads, which include Route 190 and Washington St. An access route into Eastport using sections of Route 190 is not addressed in the motion, and that would require state approval. Small believes a person, though, should be able to use an ATV to cross city streets in more rural sections of Eastport. "It can't be a hard no or a hard yes," he says of ATV use. "We need an ordinance and to do research, and it needs to go to referendum. It shouldn't be five people who decide." He thinks the process could take six months to a year.
      It's expected that the issue may be discussed again at the July council meeting.

Budget increases 7.4%
      Following a public hearing with no comments from the public, the council approved the city budget for 2024-2025 on a 3 2 vote, with Boone and Dana Cummings voting against it. The budget as voted upon includes a total of $6,396,406 in expenses, with $3,621,888 on the education side and $2,430,199 on the municipal side, with a county tax of $344,318. City Manager Brian Schuth noted that the municipal figures reflect an additional $10,000 for the parks and recreation committee. Other adjustments were made in payroll, including for the city clerk and public works director, and a 3.2% cost of living increase for most staff was raised to a 5% increase. The hike in the total budget over the FY2024 budget is now 7.4%.
      The motion to approve also included the sewer budget, which shows $735,281 in expenses and $707,000 in revenues. Councillors remarked that the city needs to address sewer costs and rates.

Housing committee eyed
      At the request of councillor Dana Cummings, the council discussed the establishment of a housing committee to address the housing shortage, short term rentals and rental costs. Dana Cummings noted that young people are currently priced out of Eastport's housing market. The council approved placing an ad seeking individuals to establish such a committee "to assess the availability and affordability of [the] housing situation in Eastport and to investigate and recommend initiatives to increase the stock of affordable housing in the city." From those responding, the council will appoint a committee at the July meeting.

Other business
      Other matters before the council included setting real estate collection dates and interest for FY2026; opening bids for heating oil and propane; issuing liquor, victualer and special entertainment licenses and renewals; making committee appointments and accepting resignations; and advertising for bids for paving the tennis courts and replacing the fence at the Little League field.
      The resignation of long serving EMS representative Gilbert Murphy was unanimously accepted with regret. Schuth was appointed to the position. (Edward French contributed to this article.)

 

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