Rockport reschedules public hearing on ordinances for Oct. 27; discontinued Oct. 26 meeting on other agenda items after attorney calls

Mon, 10/26/2020 - 6:15pm

Lynda Clancy

ROCKPORT — Rockport’s Select Board will resume addressing its Oct. 26 agenda this evening, Oct. 27, with a public hearing on two ordinances, which are already on the printed Nov. 3 municipal ballot.

Call Meeting to Order
Public Hearing

a. Receive public comments on the Special Town Meeting warrant articles to be voted on by referendum on November 3, 2020.

➢ Article 3: Shall an Ordinance entitled “Town of Rockport Ordinance to Regulate the Use of Consumer Fireworks” be enacted?
➢ Article 4: Shall an Ordinance entitled “Town of Rockport Solar Farm Ordinance” be enacted?

III. Town Manager’s Report/Update IV. Adjourn

Future Meetings, Office Closures, Etc.

Tuesday, November 3, 2020 – Election Day – Town Office Closed Tuesday, November 3, 2020 – Select Board Workshop - Wastewater Monday, November 9, 2020 – Select Board Meeting
Wednesday, November 11, 2020 – Town Offices Closed for Veterans’ Day

UPDATE: At 6:45 p.m., the workshop was stopped and the meeting is postponed, said Rockport Town Manager William Post.

“Due to technical difficulties, tonight’s select board meeting was not held,” he said. “The public hearings scheduled for tonight will be held tomorrow 10/27 at 5:30 via Zoom and will be livestreamed. Comments may be submitted via email to wpost@rockportmaine.gov or during the livestream.

“The Town Manager’s report will be read during the meeting.

“All other agenda items will be postponed to a future meeting.

“The Select Board did begin a workshop tonight for a discussion with the school board reps. However, after being advised by the town’s attorney, the workshop was ended. The partial workshop was recorded and will be available on the Town’s website later tonight or tomorrow morning.”

ROCKPORT – “Technical difficulties” have terminated public access to a scheduled meeting this evening of the Rockport Select Board. The board has relabeled the meeting as a “workshop” and is continuing to address part of the agenda at the Rockport Opera House, downstairs in the Geoffrey C. Parker Meeting Room.

Under Maine’s Freedom of Access Act:

“The term ‘public proceeding’ means ‘the transactions of any functions affecting any or all citizens of the State’ by the Maine Legislature and its committees and subcommittees; any board or commission of a state agency or authority including the University of Maine and the Maine Community College System; any board, commission, agency or authority of any county, municipality, school district or any regional or other political or administrative subdivision; the full membership meetings of any association, the membership of which is comprised exclusively of counties, municipalities, school districts, other political or administrative subdivisions, or their boards, commissions, agencies or authorities; and any advisory organization established, authorized or organized by law, resolve or executive order.1 M.R.S. § 402 (2)’

The FOAA requires all public proceedings to be open to the public and any person must be permitted to attend. 1 M.R.S. § 403

The Rockport meeting is to include a discussion of the Rockport Select Board with School Administrative District 28 board members representing Rockport, but this will be taped and rebroadcast later, according to Town Manager William Post.

“There will be no board meeting tonight,” said Post. “They have changed the meeting to a workshop tonight with school board reps. This will be recorded for people to access and hear discussion.”

The Maine Right to Know Law, under the declaration of a state of emergency, says:

1. Remote access. Notwithstanding any provision of law or municipal charter provision or ordinance to the contrary, during a state of emergency declared by the Governor in accordance with Title 37-B, section 742 due to the outbreak of COVID-19, a body subject to this subchapter may conduct a public proceeding through telephonic, video, electronic or other similar means of remote participation under the following conditions:

A. Notice of the public proceeding has been given in accordance with section 406, and the notice includes the method by which the public may attend in accordance with paragraph C; [PL 2019, c. 617, Pt. G, §1 (NEW).]

B. Each member of the body who is participating in the public proceeding is able to hear and speak to all the other members during the public proceeding and members of the public attending the public proceeding in the location identified in the notice given pursuant to paragraph A are able to hear all members participating at other locations; [PL 2019, c. 617, Pt. G, §1 (NEW).]

C. The body determines that participation by the public is through telephonic, video, electronic or other similar means of remote participation; and [PL 2019, c. 617, Pt. G, §1 (NEW).]

D. All votes taken during the public proceeding are taken by roll call vote. [PL 2019, c. 617, Pt. G, §1 (NEW).]

[PL 2019, c. 617, Pt. G, §1 (NEW).]

2. Application to legislative proceedings. This section does not apply to public proceedings of the Legislature, a legislative committee or the Legislative Council, except that while the state of emergency as set out in subsection 1 is in effect, the Legislature, a legislative committee or the Legislative Council may restrict attendance by the public to remote access by telephonic, video, electronic or other similar means. This section also does not apply to town meetings held pursuant to Title 30-A, section 2524 or regional school unit budget meetings pursuant to Title 20-A, section 1483.

[PL 2019, c. 617, Pt. G, §1 (NEW).]

3. Repeal. This section is repealed 30 days after the termination of the state of emergency as set out in subsection 1.