At its August 1 meeting, North Yarmouth Select Board voted 1-3 to not promote Paul Whitmarsh to a full Planning Board member, with only Selectperson Paul Hodgetts supporting the appointment.
Select Board members Andrea Berry, Kit Maloney, and Amy Haile state the decision was based on their perception of Whitmarsh’s leadership skills.
Planning Board alternate Alex Urquhart declined to be considered for promotion due to personal reasons.
Vice Chair Berry noted "a lot of discomfort" regarding Whitmarsh as a member of the Planning Board and as its Chair due to "perceived conflict of interest" adding it is nearly as important as a "real conflict of interest."
At a hearing prior to the business meeting, the Select Board voted 4-0 to “take no further action” on two complaints against Whitmarsh. Special counsel, Attorney John Hamar, advised the Board there were no grounds to support a charge of bias.
During the Board’s deliberation of Whitmarsh’s appointment, Berry referenced the impact of the previous allegations against Whitmarsh on the perception of the integrity of Planning Board votes.
Selectperson Maloney said Whitmarsh's leadership style in the context of "concerns with the past year and divisiveness" disqualified him to be a voting member of the Planning Board. According to Maloney, allegations against him represented a missed opportunity to “turn down the temperature” on divisiveness in town.
The Select Board did not respond to specific questions asking for clarification on standards the Board will be enforcing for “perception” related to municipal business. State statutes, town charter, and committee bylaws outline protocols to address conflict of interest. Board recommendations for additional guidance or policy amendments were not shared.
Town leadership has been discussing what qualities should be prioritized for the Planning Board.
Conversations with the Town Manager and the previous board chair left a perception "resources are not being used to their best and highest use," said Haile, adding it is “critical” boards and committees be using experts more. She said volunteers need to have “the humility to know what we don't know and need that guidance. And I would love to see more of that going forward with, with the Planning Board.”
The Select Board did not clarify ways resources are not being used effectively.
Both the code enforcement office and contract town planner currently attend all Planning Board business meetings. They also work with applicants prior to any site plan review coming to the Planning Board and guide applicants throughout the approval process. Legal support is provided to the Planning Board for many of its meetings.
According to end of year financial report, expenditures for legal ($92,245.38) and planner ($30,025.60), significantly exceed FY23 budget.
Recently, the Planning Board collaborated with industry experts to draft an advanced wastewater disposal systems oversight addition to the Land Use Ordinance and a potential solar ordinance.
Whitmarsh remains a Planning Board alternate, term expiring in 2025. At the July 11 Planning Board meeting, he was unanimously re-elected to be chair. North Yarmouth Planning Board bylaws permit an alternate to be chair.
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