The Board shall have the power to hear and decide any appeal by any person, affected directly or indirectly, from any decision, order, rule, or failure to act of any officer, board, agency, or other body where such appeal has been authorized by the Town of Bar Harbor by ordinance specifying the precise subject matter that may be appealed to the Board and the official(s) whose action or nonaction may be appealed to the Board.
All powers are listed in 30-A M.R.S.A. § 2691 and restated in the mission statement above.
Members shall have:
A general boards and committees application is available from the Town Clerk or at barharbormaine.gov. Applications should be returned to the Town Clerk for consideration by the Town Council Appointments Committee. The Appointments Committee will contact candidates with interview times and make their recommendation to the Town Council at the next Town Council meeting. The Town Council will vote on the nominations. It is best to attend the nominating meeting, in case Councilors have questions. Approved members will need to be sworn in by the Town Clerk and take an ethics training exam. Members cannot vote in their committee until these steps have been completed.
This Board shall have five members, with one associate member as appointed by the Town Council. The associate member may not hold any office on the Board and does not have voting rights unless designated by the Chair to act in the stead of a member who is unable to act due to interest, physical incapacity, or any other reason satisfactory to the Chair. When an associate member is designated to act, they shall have all the authority and responsibility of a member. All members must be Bar Harbor residents. No municipal officer or direct relative of a municipal officer may serve on this Board.
The term of each member shall be three years. There are no limits to the number of terms served. All appointments run from August 1 to July 31.
Vacancies occurring during the middle of a term served shall be filled by the Town Council from recommendations from the Appointments Committee. The candidate will serve out the remainder of the vacated term. Board openings shall be filled by vote of the Town Council from recommendations from the Appointments Committee.
All absences must be excused prior to the start of the meeting, and all attendance shall be recorded in meeting minutes. If a member missed more than 75% of the regular meetings within a twelve-month period, regardless of being excused, the member forfeits their membership on the Board.
All meetings of the Board shall be open to the public, and notice thereof shall be given that all members shall have reasonable opportunity to make plans to attend. Notices shall be posted on the bulletin board in the Town Hall, on the Town calendar, and on social media at least three days prior to the meeting.
The Chair shall call a meeting as needed. Meetings will be announced as stated in the Bar Harbor Town Charter.
A simple majority of appointed members is necessary to call a meeting to order as well as take a vote.
A Chair, Vice Chair, and Secretary should be elected at the first meeting of the Board after August 1. The Chair is responsible for calling meetings, the meeting agenda, and leading meetings. The Vice Chair will take over the responsibilities for the Chair if the Chair is unable to preside over a meeting. The Secretary shall take minutes at each meeting and send approved minutes to the Town Clerk. Associate members may not hold an office.
Bylaws may be adopted and amended only by the Town Council. The Board may suggest bylaws to the Town Council for its consideration.
Except to the extent that they are inconsistent with the provisions of this article, all the provisions of 30-A M.R.S.A. § 2691, as amended, shall apply to and govern the organization, procedures, and jurisdiction of the Board of Appeals.
All Board members, voting and nonvoting, are subject to the Town-Council-approved social media policy found at barharbormaine.gov and in the Committees and Boards Handbook.