Court rejects Westport Island request

Wed, 04/25/2018 - 7:45am

On Monday, April 23, Westport Island selectmen announced they had heard from the attorney representing the town concerning a motion in Lincoln County Superior Court.

Justice Daniel Billings denied the motion to reconsider his Jan. 30 decision for plaintiffs Leslie Lilly and her husband David Wollins of Colorado on the designation of part of their Baker Road property.

In email correspondence from its attorney, William H. Dale, on April 12, the town was notified of the decision. “I got the news today: the judge has denied our motion to re-consider. That ends our Superior Court experience,” Dale wrote.

Dale explained the town has two choices: do nothing or appeal to the Maine Supreme Judicial Court. “To be fair and be practical, I’d handicap your chances of winning a Law Court appeal at 50/50...I think we’re 75 percent right on the law but the Court doesn’t necessarily like to reverse lower courts after a testimonial hearing.”

The email was followed by a formal letter from Dale advising the town he had filed a notice of appeal on the town’s behalf with the Law Court. Selectmen made no decision about an appeal Monday and will speak with Dale at another time.

Robert Mooney, chairman of the comprehensive plan committee, brought two questions to the board.

Mooney asked about placing a request to fund the committee before the town on the upcoming warrant and if there were suggestions for how the request should be worded.

The second question concerned how to designate island residents who assisted the committee as experts in various areas. After some discussion, Mooney agreed to return to a future selectmen's meeting with recommendations for the board to consider.

Resident E. Davies Allan asked about the town's March 26 request that Kennebec Estuary Land Trust (KELT) make a contribution to one of the island’s non-profit community service organizations per its offer in 2016.Allan presented the town with a check for $2,000 to cover two years of contributions. “I am giving this to the town on behalf of KELT as a contribution in lieu of their taxes,” he said. Allan is a KELT member.

“The taxpayers will appreciate it,” First Selectman George D. Richardson said, thanking Allan and accepting the check.

Jeff Tarbox asked how to create a 501(c)(3) non-profit organization, The Friends of Westport Island History. He asked if it needed voter approval at town meeting in June. The organization will secure contributions and solicit broader membership t to history committee. A decision was postponed pending additional information.

Town Clerk Gaye Wagner said nomination papers have been validated for the June election. Second Selectman Jerry Bodmer and school board member Richard De Vries will both be uncontested.

The town’s conservation ordinance has been updated in consultation with the Department of Marine Resources and will go on the town warrant.

Wagner also asked selectmen to approve an increase in the hourly wage for those serving as election and ballot clerks per state law. The rate has increased from $9 per hour to $10 per hour effective Jan. 1. Selectmen approved the change.