08/07/2026
Setting the Record Straight on the Feeney/Tomko Meeting
Once again, regrettably, it falls upon BBHWP to provide the actual facts to counter the completely unfounded public accusations made by Joe Doyle in the July 13th Select Board Meeting. This time they target a May 29 meeting between Select Board Chairman Mike Tomko, Code Enforcement Officer Dan Feeney, and Preservation's attorney Tony Muri. The Park abutters claim that the session amounted to improper "ex parte communication" on a pending Planning Board matter. That claim doesn't hold up.
Here's what actually happened: Dan Feeney is new to the CEO role for Boothbay Harbor. As part of getting up to speed, he reasonably wanted to understand the history behind the years-long administrative and legal proceedings involving the Boothbay Harbor Waterfront Preservation project. That's not misconduct, that's due diligence. A new code enforcement officer sitting down to learn the background of a complex, long-running matter is exactly what residents should want from someone in that job.
It's also worth noting that this meeting took place right in the town office, not in some private or secluded setting, and it occurred well before the Planning Board ever tasked Mr. Feeney with determining a substantial start. In other words, there was no pending matter in front of him at the time this conversation happened.
As for Chairman Tomko's presence, the Select Board appointed Feeney to this role, and as the voters' elected representative, Tomko has a legitimate stake in seeing him succeed. His attending wasn't a backroom deal, it was at the behest of Mr. Feeney, presumably to help fill in any blanks regarding an administrative process that proceeded both Mr. Muri and Mr. Feeney by years.
Legally, the "due process" argument doesn't apply here either. This wasn't a public proceeding governed by Maine's Freedom of Access Act, and Maine case law doesn't support the claim that anyone had a right to be present at an informational, fact-finding meeting like this one.
Bottom line: gathering facts isn't the same as making a decision behind closed doors. No one's rights were violated, and there's no legitimate reason to question Dan Feeney's ability to continue doing his job as CEO or Tomko as Select Board Chair.
