After a motion from Boothbay Harbor Waterfront Preservation (BBHWP), the planning board voted Jan. 14 on recusing Chair Tom Minerich from business related to Eastside Waterfront Park. Before a vote to remove him, which failed, the board first asked Minerich if he would like to recuse himself.   

“Absolutely not,” he replied, and said he does not believe a recusal is warranted. “I clearly and unequivocally state that I am not biased. I have never demonstrated bias towards this applicant, or toward any applicant who has appeared before the planning board. I have consistently carried out my duties in accordance with the town's ordinances, pertinent state regulations, and responsibilities entrusted to me as a board member and chair ..."   

In a Dec. 16 motion, BBHWP requested that Minerich recuse himself from decisions concerning its application for Eastside Waterfront Park or be removed by the board. In the motion and a Jan. 7 supplement, BBHWP questioned Minerich’s impartiality on the park and scrutinized his personal residential project at 51 Union St., arguing it demonstrated poor judgment in applying town code and violated several ordinances.   

Jan. 14, planning board member David Cody made a motion to recuse Minerich from park-related issues, saying it was about the board.   

“I do have the utmost respect for Mr. Minerich, and I believe he served the board well,” Cody said. “Unfortunately, in this process, I think that what has been put out there has influenced a lot of people, and he didn't have a chance to have a rebuttal. Unfortunately, it sets up the appearance — doesn't mean it happened, but there is an appearance — and, so, I'm just trying to safeguard the integrity of the board by asking him to recuse.”   

Board member Ronald Cohen seconded the motion but did not favor it.   

“In all the years that I've known (Minerich), I've never known him to be unfair or biased in any situation,” Cohen said, adding that he thinks Minerich comes well prepared for every meeting. “I don't see any bias in this. And so I don't think that he should recuse himself from this.”  

Board vice chair Merritt Blakeslee questioned BBHWP’s arguments. He said, despite BBHWP’s claims that Minerich violated town ordinance in his Union Street project, he did not see enough evidence that Minerich demonstrated bias in his board duties.  

Blakeslee also questioned BBHWP’s claim that Minerich demonstrated bias against the park, calling it an “empty allegation.” He added that the park referenced the chair’s wife’s comments against the park as evidence, which he found flawed.  

“If my wife and I have the same views on every issue, our already happy marriage would be far, far happier,” Blakeslee said. “We don't always think the same way, no reason to assume that any other married couple have the same views, and that Mrs. Minerich’s alleged biases can be attributed to her husband.”  

At the request of the board for comment, town attorney Dan Stockford said it is “clear” that this is not a situation that requires Minerich’s recusal, and the decision is up to the board.   

The motion failed by one vote, and Cody was the sole “yea." Minerich removed himself from the motion discussion and vote. When members of the packed audience asked to speak, Blakeslee said the board chose not to allow public comment at this meeting. However, he said there will be a future hearing about the park’s application with the opportunity for public comment.

BBHWP did not comment during the meeting, but president John O’Connell later told the Register he was disappointed in the board’s decision. He said the organization is considering several options as it moves ahead. 

After the meeting, Minerich told the Register he was glad the issue had been resolved and looks forward to moving ahead with the well-qualified members of the board.