Boothbay Harbor selectmen approved 12 ordinance amendments March 28 for the May 7 warrant. Town Manager Julia Latter and Code Enforcement Officer Geoff Smith explained some of the changes which ranged from “general housekeeping” to eliminating swaths of redundant or irrelevant passages and replacing with clearer language.

The biggest changes were one-word replacements, "shall" to "may," in a couple instances giving the CEO discretion on pushing developers and contractors to change course when violations and other discrepancies arise and fines are applied.

“The intent of these is to eliminate some of that absolute language,” said Smith. “It gives me more flexibility in determining how I want to handle a situation. It doesn't mandate that your project comes to a screeching halt.”

Another change, striking just three words, will mean notices of violation will no longer be served by certified mail. Smith said mail is no longer the best method of communication and other CEOs and town managers in Maine and people from Maine Municipal Association shared they have also run into similar issues.

While stop-work orders and notices of violation are a last ditch effort, Smith said a change prohibiting appeals for CEO enforcement while the appeal is in progress will better avoid health and safety issues.

“The goal of that, written in conjunction with our attorney, was to not have unsafe or unhealthy conditions existing as an appeal is going on. It allows me to address something that should be addressed quickly … Yes, you can appeal everything else I do: how I interpret (an ordinance), how I apply it, every permit I issue, all kinds of stuff. The only thing we're saying is we don't want to have unsafe conditions existing in a certain state of limbo while it's appealable.”

Other changes include more flexibility for sketch plans and preapplications for site plan review and subdivision applications.

Gartley and Dorsky's Carmen Bombeke told selectmen the $250,000 Maine Department of Transportation Small Harbor Improvement Program (SHIP) grant will require Americans with Disabilities Act compliance for all footbridge points of access. After some discussion about the likelihood of enforcement at certain points, Tomko suggested if DOT does not require ADA compliance for the ramp and float, it would not make sense for them to enforce compliance with a step down to a gangway leading to the top of the ramp.

Bombeke said she would go back to DOT and present the board’s points, but the board should consider the four options she drafted for access to the float. “In general, the SHIP grants are really working on improving ADA compliance … to the degree that they can.”

Selectmen approved $45,325 for JB Roofing Systems LLC out of Portland to do work on the town office. Latter said they were not the lowest bidder and she did try to stay local, but JB Roofing was the only applicant that could meet the comprehensive requirements in the request for proposal. After the first on-site meeting is held, the company will be able to set a schedule with completion slated for May.