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Lamoine Board of Selectmen

Minutes of October 9, 2008

Chair Jo Cooper called the meeting to order at 7:02 PM

Present were: Selectmen Richard Fennelly Jr., Brett Jones, S. Josephine Cooper, Cynthia Donaldson; Administrative Assistant Stu Marckoon, Superintendent of Schools James Boothby, School Committee member Kathleen Rybarz, and resident Joan Strout

Communication with School Department re: consolidation, land delineation

Jo asked to whom the Selectmen should address the communication. Mr. Boothby said he brought the issue up to the other superintendents of the proposed RPC and they understand and appreciate why the issue is coming up. He said the others felt the language in the Regional School Unit (RSU) plan protected the town. Brett said he thinks that is the case with the ballfield. He read the wording in the RSU plan.

Jo said she brought up the ballfield and the fire station at the school committee meeting. She said Mr. Boothby said it was understood by all that the fire department was not included in any transfer of land to the RSU. She said the question is the ballfield. Brett asked if there was anything on the deed for the land where the ballfield sits that would have to be honored by a future owner. Richard read the portion of the deed that says the land is to be used for education or recreational uses only.

There was a brief discussion about the fire station and configuring the language so there is a place holder for that land and building. Mr. Boothby said he would bring that up at the next Regional Planning Committee meeting and may try to insert that into the plan. Richard said the deed to the ballfield is a separate deed. Jo asked if there was a reason not to convey the ballfield lot. Brett read page 3 of the RSU plan regarding recreational areas. Mr. Boothby said that language was put in to protect Hancock and Lamoine. He said the RPC said there was a lot of logic to that. Jo asked if the plan should note the language in the deed. Mr. Boothby said the RSU plan becomes the contract of the new organization. He said the deed restriction reference should be OK and should act as a reassurance to the town. Richard asked what would happen if the RSU wanted the use the Lamoine School for office space. Mr. Boothby said whoever the municipal officers are at that time would raise that issue. He said the land would revert back to the town's ownership. A lengthy discussion followed.

Jo asked if the Board needs to put something in writing. Mr. Boothby said that would be helpful. He said the intent is for the RSU to acquire the school fields for use by the school and for community recreation. Jo said that was fine. Mr. Boothby said if changes occur, folks in the future could go back to the contract. A discussion followed on the property reverting back to town ownership. Jo said it all makes sense, she just wanted to make sure Lamoine was protected. A general discussion followed in regard to consolidation, facilities and debt service. While that took place Stu drafted the following for communication to the RPC for inclusion as an appendix to the RSU plan:

To: Jim Boothby , Supt. Union 92 & RSU-RPC

From: Lamoine Board of Selectmen

Re: Property exclusion from RSU Holdings

Date: October 9, 2008

The Board of Selectmen will separate from the Reorganization plan, as municipally owned land the following portion of Lamoine Tax Map 15 Lot 27:

Fire Department Property – The building and contents and a parcel of land that currently is utilized as the Lamoine Volunteer Fire Department. The exact survey of this will be determined no later than June 30, 2009, and generally includes the northwest corner of Map 15 Lot 27. 

The Board wishes the Reorganization plan to recognize the following in regard to the same map & lot:

Athletic Fields/Property – The parcel of land conveyed to the town by Carlton Johnson & Rachel Hartley Johnson on August 4, 1994 and recorded in Book 2295 Pages 19 and 20 at the Hancock County Registry of Deeds upon which the current athletic fields sit. Said deed contains the following covenant: “The herein described premises are conveyed subject to the restriction that they may only be used for education and recreational purposes and not for commercial or residential development.”

Signed this 9th day of October, 2008:

Mr. Boothby asked if the Selectmen would prefer this as an appendix or in the main body of language. Cynthia said it should be the same way the other towns handled theirs – referred to in the main body and attached as an appendix.

Discussion followed on the options for the local advisory board and the dissolution of the Lamoine School Board and the election of an RPC representative.

It was noted the public hearing for the December 9, 2008 vote will be on November 3, 2008.

Jo moved to sign the above memo. Richard 2nd . Vote in favor was 4-0. Selectmen signed the memo. A copy was supplied to Superintendent Boothby and an electronic copy e-mail to his office.

There being no further business, the meeting adjourned at 7:50 PM

Respectfully submitted,

Stu Marckoon, Adm. Asst.