Town of Lamoine, Maine
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Lamoine Board of Selectmen

Gary McFarland
Bob Christie Kathleen Rybarz  
 Minutes - May 11, 2017 (Draft, subject to correction)

Chair Jo Cooper called the meeting to order at 7:00 PM.

Present were:  Selectmen S. Josephine Cooper, Robert Christie, Gary McFarland, Nathan Mason, Kathleen Rybarz; Administrative Assistant Stu Marckoon, Code Enforcement Officer Rick Gallegos, School Superintendent Katrina Kane and her husband Patrick, Justin Zinke, and Richard & Sheryl Davis

Agenda Review / Addendum – Stu suggested moving appointment of the Cable TV operations manager to after the heating fuel bid opening.  Bob requested moving the Memorial Day item on the agenda to after the CTV Operations Manager appointment.

Minutes, April 27, 2017 – Kathleen moved to approve the minutes as written.  Gary 2nd.  Vote in favor was 4-0, Mason abstained.

Heating Fuel Bids – Stu reported four bids came in.  One was sealed, two faxed and one 3-mailed. Selectmen read the bids as follows:


#2 Oil


Acadia Fuel



Dead River



No Frills Oil



RH Foster



Nathan moved to award Lamoine’s bid to Acadia fuel for both propane and #2 oil.  Bob 2nd.  Vote in favor was 5-0.

Stu asked Superintendent Katrina Kane about having the school board sign the School Budget Validation Warrant. After a very brief discussion it was agreed to leave the warrants at the town hall and have the school board members individually sign it.

Cable TV Operations Manager – Stu reported the technology committee recommended Justin Zinke for the position.  Gary moved to appoint Mr. Zinke to the job.  Bob 2nd.  Vote in favor was 5-0.

Memorial Day – Bob said he’d participated in last year’s Memorial Day ceremony and was under the impression that the Board of Selectmen organized the event.  He said he spoke with Gary earlier today and realized he misunderstood.  He apologized for comments made at a previous meeting that were uncomfortable.  Gary accepted the apology.  Bob said he is sensitive to Memorial Day given his time serving in the military.  He said he had no other agenda.

Jo said she was curious about the arrangements.  She said the Veterans Memorial committee organized the first event and had talked about having a committee member on call to arrange for ceremonies.  She asked who was in charge.  Gary said he asked that after the dedication and no one really was, so he took on the project personally and said he’s willing to continue doing it.  Kathleen noted there is some good musical talent in town.  Gary noted that the Ellsworth parade takes a lot of that talent away from Lamoine.  He said he’s had to ask participants well ahead of time to join in the Lamoine commemoration.   He said the ceremony will be on May 29, 2017 at 10:00 AM.

Expenditure Warrant 22 – Selectmen signed warrant 22 in the amount of $101,587.44.  Stu noted about $82,000 was for education.  He said road sweeping was included.  Jo said the sweeping job was well done and timely.

Cash & Budget Report – Stu reported that the excise tax budget for the year was exceeded earlier in the week when Emera registered their fleet of vehicles.

Checking Account Reconciliation – Selectmen signed the statement expressing satisfaction with the review of the checking account reconciliation which had been e-mailed to them last week.

Personal Property Tax Collections – Stu reviewed the uncollected personal property taxes from previous tax commitments and suggested contacting the town attorney on the oldest, and writing to the taxpayers on the other two.  There was no objection. 

Town Meeting Warrants – Gary moved to sign the special town meeting warrants for May 31, 2017 (School Budget, paving, tax acquired property sale and PERC put option) and June 13, 2017 (School Budget Validation Referendum).  Nathan 2nd.  Vote in favor was 5-0.  Selectmen signed multiple copies of both warrants. 

2017/18 Budget – Selectmen had no questions with the printed copy of the budget.  Stu noted that some of the school lines had shifted slightly, but there was no significant change to the bottom line.

Digital Sign – After reviewing a mock-up of a possible digital sign and a drafted request for proposals, Selectmen had no objection to sending out the RFP.  Stu said he planned to gather info about contractors who did similar projects, search the Internet for local qualified bidders, and post the project on the town’s website.

CTV Franchise Agreement – Stu reported the Technology Committee is meeting with a representative of the Sewall Company on Tuesday and has suggested waiting until at least then before finalizing the agreement.

Illegal Dumping – Stu reported two situations, one on Mill Road, the other on Mud Creek Road, have been dealt with.  Bob mentioned that the dog waste station at Lamoine Beach was not being used properly.  Rick Gallegos said he’s been replacing the bags as needed, and there may have been some vandalism, and the waste collection container appears to be missing.  A brief discussion followed.  Stu reported he believes the trash cans will go out this weekend.  Staff will follow up on the dog waste stations.

Paving Bid – Stu reported that B&B Paving came in with the low bid, and it will be lower than projected  He said B&B has sent a contract asking for a signed copy to come back.  He said he would like to contact the company and advise that we will wait for action by the May 31, 2017 town meeting.  There was no objection.

Speed Limit Sign – Stu reported a citizen suggested moving the 25-MPH sign at the head of Shore Road across from the Grange Hall.  He said the citizen did not think the sign was very visible and felt more people would see if further down Shore Road.  After a very brief discussion, resident Sheryl Davis said the sign is plenty visible.  Jo suggested that placement be at the discretion of the Road Commissioner.  There was no objection.

Code Enforcement UpdatesLorimer Road – Code Enforcement Officer Rick Gallegos said there is an active stop work order on this project, but it appears the homeowner has continued to build in violation of that order. He said the matter goes before the Planning Board on May 22, 2017. Gary noted that the town received a letter from the property owner’s attorney.  CEO Gallegos said there is a septic system issue that also needs to be addressed.  Stu elaborated that the system was installed prior to the requirement of a permitted system.  Jo asked what the next step was at this point.  CEO Gallegos said the June 22nd meeting.

Complaint – Lamoine Beach Road – CEO Gallegos reported that he received a complaint about a road that was being lengthened off Lamoine Beach Road and a possible violation of the Site Plan Review Ordinance.  He said the Site Plan permit is not yet required, as only 4,000 square feet has been altered.  He said the property owner does intend to extend the road further and said they would apply for a Site Plan Review Permit well ahead of reaching the 10,000 square foot threshold.  Bob asked how the square footage had been determined.  A brief discussion followed.

Map 2 Lot 10 – CEO Gallegos showed a Google Earth image which showed a platform with a yurt upon it.  He said there have been no permits issued and the current owner self-reported that the property had been lived on for about 20-years without permits.  He said he is still trying to figure out what is what on this lot.  Stu asked if the CEO could use some direction from the Board on how to proceed.  Nathan asked if people are living there now.  CEO Gallegos said there is a bus on the property, and some evidence that people have lived in the bus off and on.  Kathleen asked whether a boat was there.  CEO Gallegos said he did not see a boat when he inspected.  He said there were a lot of little structures.  Nathan asked if it was accurate that the current owner inherited the property from his father and squatters were there.  CEO Gallegos said the squatter part is not quite accurate as far as he knew – when people had lived there, the property owner knew who they were.  Gary asked if this had to go to the Planning Board.  Nathan said the property owner should be notified the people are not allowed to live on the property without proper building and septic permits.  Stu suggesting writing up a report of the findings and then issuing a notice of violation to the property owner giving him time to correct whatever violations might exist.

Un-reclaimed gravel pits- CEO Gallegos said two pits have not been reclaimed in violation of ordinance and notices of violations issued last December.  He said the notice of violation gave the owners until February, 2017 to complete the reclamation.  Nathan asked if any work has been done.  CEO Gallegos said yes.  Nathan asked how much.  CEO Gallegos said at the Little B&H pit (Gott), about half.  He said they have disposed of some OSB (chip board), and that constitutes a potential hazard to the groundwater. Jo asked if the Planning Board is aware.  CEO Gallegos said they are, and he was letting the Selectmen know.  Gary asked if work has stopped on reclamation.  CEO Gallegos said the weather has not been favorable.  He said Gott’s agent, Steve Salsbury, has written to say they intend to complete work soon.   Stu asked if the Selectmen should act on the two pits in question (the other is the PCJ LLC pit).  CEO Gallegos said both pit owners were sent notices of violation on December 29, 2016.  Jo noted that it is now May, and they need a deadline to complete.  After some discussion the Board felt 60-days should be sufficient.  There was no objection.

Walker Road- CEO Gallegos reported that a carry-over Shoreland Zoning violation on Walker Road next to Blunt’s Pond (trees cut too close to the shore) is being addressed.  He said the landowner has replanted some trees, and he will re-inspect in November.

Certification Status – It was noted that the State of Maine Department of Economic and Community Development has granted a 6-month extension for CEO Gallegos to become certified.  The state had stopped offering training courses around the time Mr. Gallegos was appointed.  He attended what he could, and now that courses have re-started will be attending several in the coming months. 

Personnel Review Schedule – Selectmen asked Stu to schedule reviews for himself, the Town Clerk/Tax Collector and Transfer Station Manager for the June meetings. 

Reappointments – Selectmen noted that Planning Board member Don Bamman has expressed a desire to continue his appointment only through the conclusion of the MacQuinn/Kitteridge Pit expansion matter and then he would step down.  It was noted there will be some vacancies in some positions.

Planning for May 18 Board Chair/Department Heads meeting – Stu said he wished to address briefly a Right to Know Law issue and how the Cable TV system actually works.  Jo said she would give an update on the 150th celebration.  Kathleen reminded that the community center concept was discussed as being part of the agenda earlier.  There was a brief discussion of solar power and a former building committee effort many years ago.

Vacation Request – Stu request vacation from July 3 to July 7.  There was no objection.

Other Matters – Bob reminded folks that Mother’s Day was Sunday.  He also thanked Sheryl Davis for her work teaching math to his daughters many years ago. 

Next Meetings – The Board will meet next on May 18th with Department Heads & Board chairs, May31st following the special town meeting, June 8 and 22, July 20, and set August 3rd.  The Hodgkins Scholarship Committee (Gary, Bob & Kathleen) will meet at 6PM on June 8th. 

There being no further business, the meeting adjourned at 8:20 PM.

Respectfully submitted,

Stu Marckoon, Adm. Asst.