Tomko criticized over email about Fishermen’s Memorial lights

In the Aug. 28 Boothbay Harbor selectboard meeting, Boothbay Region Fishermen’s Memorial Board President Andrew Morley accused Selectman Michael Tomko of inappropriate conduct. Morley said the selectboard chair has been inciting conflict around the new set of LED lights at the memorial and getting in the way of finding a friendly solution.

Morley’s claims involved an email Tomko sent around Aug. 21 to resident Robert Gill, encouraging Gill to bring the lighting problems to town officials as an ordinance issue. As the Register has reported, Gill has said the lighting is a public safety concern and said people cannot walk down the road without being blinded.

In the meeting, neither Morley nor Tomko named Gill as the email’s recipient. Morley told the Register multiple people sent him the Tomko email. He gave the Register the email on request. Gill had not responded to the Register’s request for comment by the time of publication.

“The tone and the spirit of this (email) was anything but somebody looking for an amicable resolution,” Morley said in the meeting. “The spirit of the email is quite self-righteous, and clearly you trying to get those residents over there to take this to the mat.”

Tomko denied the email was inappropriate and said his intent “is never to foster anything other than a spirit of collaboration and a way to resolve differences no matter how hot or how passioned they are.”

As reported in the Register, the lights issue has been contentious since July when they were installed. Neighbors claim the lights are so bright, they create an obstruction and a public safety concern.

Police Chief Doug Snyder said in an email, he understands the concern and the lights are very bright, but he does not see a public safety issue. At the Aug. 28 meeting, Town Manager Julia Latter said she has been working with the code enforcement officer and she does not think there is a code violation.

Morley said he had been working to find a solution that works for the memorial, church and residents. This included a night site visit Aug. 7 to see the issue firsthand and discuss it with residents. After the visit, Morley said he agreed to leave only one of three lights on, lighting shields for the outer edges were ordered and the board’s electrician started looking into approaches that will “take the punch out.”

Morley reported seeing Tomko, of Atlantic Avenue, speak to the residents the night of the site visit. According to Morley, Tomko later told him he was trying to encourage a resolution and find an amicable solution. Morley said he received the email after that conversation.

Morley called the email condescending and inappropriate. At the meeting, he accused Tomko of going through backdoor channels trying to incite issues, violating selectboard meeting guidelines that prohibit public comment that embarrasses or attacks someone.

The email is from Tomko to Gill in response to Gill’s research on the lights and how they relate to town ordinance. In it, Tomko thanks Gill for “doing the homework for the Code Enforcement Officer, the Town Manager, and the (Fishermen’s) Memorial Board.”

In the email, Tomko agrees with Gill’s research that the lighting violates ordinances. He recommended Gill forward Gill’s assessment to town officials and how to state the argument. Tomko wrote he does not direct the actions or control the performance of the CEO, who reports to the town manager. However, Tomko said he can urge the town manager to listen to the findings and act appropriately.

"I cannot imagine there being any argument against this finding, and the Code Enforcement Officer should send a letter to the (Fishermen’s) Memorial Board directing the lights be turned off (and) not re-energized until such time as they can be made to be compliant with our ordinances,” Tomko stated in the email.

"Please keep me, and the rest of the Select Board, looped into these emails, as other members must arrive at the same conclusions which you and I see,” Tomko wrote.

According to Morley, Tomko was trying to incite issues and encourage residents to do everything they can to get what they want. Morley said if similar action continues, he would be willing to contact Maine Municipal Association to ask if this is proper conduct.

“When I leave here, I want to know that my efforts going forward in this matter are not going to be undermined by conversations or emails of the like of this,” he said. “It’s a hard enough situation without town officials getting involved and throwing gasoline on a fire that’s already burning."

Tomko said selectmen are allowed by Maine municipal authority to communicate their personal feelings on any topic as long as nothing is under something such as a pending ordinance or consideration for a decision. He said his attempt was to give residents and others who drive by the lights an opportunity –”

“If there is misunderstanding here, then I apologize,” Tomko said at the meeting. “But the intent was not to work against you. The intent is to have the residents talk to the town manager and the code enforcement officer, and that’s what our job here is as selectmen is to provide residents, non-residents, business owners (and) volunteers a chance to address (issues).”

According to Tomko, he received information from the resident, whom he then emailed. He said the resident claimed his research showed the lights exceeded town ordinance by over 200 watts. Tomko said he recommended following up with town officials because he agreed, based on that information. He said it is part of the job of a selectman to listen to stakeholders, honor their comments and take them to the appropriate place for action.

“We need to take residents’ concerns seriously when they approach and feel passionately that there are problems,” Tomko said after the meeting. “It was in that spirit that I responded, and I regret that Andrew took it as an attack or as an incitement when it was merely meant as a direction to follow the chain of command to get it resolved."

For the most part, other selectboard members did not include themselves in the discussion. Mark Gimbel said the board has no intention of getting involved in the matter. Ken Rayle said he wanted to focus the issue on the lights, but the board does not have a direct impact and can only go through the town manager or code enforcement officer. “Clearly any one of us does not or should not have any specific influence on what people think the decision is or should be. It is clearly totally a board issue, not an individual issue," Rayle said.

Alyssa Allen, Mark Osborn and Gimbel expressed appreciation to Morley for the work on the memorial as he sat down. Tomko thanked him for coming forward.

View the discussion thread.