Town of Lamoine, Maine
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Lamoine Board of Selectmen

Gary McFarland
Bob Christie Kathleen Rybarz  
 Minutes - October 24, 2018


Chair Nathan Mason called the meeting to order at 7:00 PM at the Lamoine Fire Station. 


Present were:  Selectmen Robert Christie, S. Josephine Cooper, Nathan Mason, Kathleen Rybarz, Gary McFarland; Administrative Assistant Stu Marckoon, Fire Chief George “Skip” Smith, Appeals Board member Michael Jordan, CTV Operations Manager Justin Zinke, Planning Board Chair John Holt, and just as the meeting started attorney Steve Juskewitch who left a few minutes later.


Minutes, October 11, 2018 – Kathleen moved to approve the minutes as presented. Gary 2nd.  Vote in favor was 5-0.


Expenditure Warrant 9 – Selectmen signed the expenditure warrant in the amount of $177,672.81.  Stu noted that the bulk of the warrant consisted of school expenses and road repair work.  He said the school warrant included the final payment on one of the school renovation bonds.


Cash & Budget Reports – There were no questions regarding the printed reports.


Foreclosed property – Stu reported that the property occupant submitted a handwritten document with a request to pay $200 every other week on the installment agreement. 


Jo asked how long it had been since the town had received a payment.  Stu said he had been in the previous Friday and made a $200 payment.  Jo said she would prefer to keep the occupant in the house, but the town has bent over backwards to accommodate that.  She said she’d be willing to try one more time, but if they miss one payment, it’s over.  She said she is sympathetic to their financial situation, but she is concerned that the occupant has not communicated very effectively. 


Nathan said he would like to see a commitment letter from a bank indicating that the occupant has applied for a loan as stated in his handwritten letter to the town. 


Jo said she would agree to the new payment schedule if the occupant submits a letter by November 15, 2018 from the bank and makes the payments.  She said if they miss one payment, the installment agreement is done.   She said she would like to pass along the board’s frustration at the lack of communication from the occupant.  There was no objection.


Fire Department – Part of the reason for meeting at the fire station was the hope to see the ladder truck, but the truck has not yet arrived.  Fire chief George “Skip” Smith said the truck has been delayed in transport, and is on its way from British Columbia.  He said it most likely would be here Monday. 


Jo asked about equipping the truck.  Chief Smith said the department has purchased a lot of items for the truck, but still needs ladder belts. He said he thinks the department is prepared for its arrival. 


Jo asked about the training required to use the truck.  Chief Smith said the firefighter I academy graduates have ladder training in that curriculum.  He said that they do need to learn how to operate the truck and the Ellsworth fire department is willing to help train.


Jo asked about the hours of training firefighters receive.  Chief Smith said they try to do some sort of training every Wednesday night.  He said two members attended the Central Maine Fire Attack School last weekend.  He said Pine Point Fire Academy offers courses in the area as well and a number of members will be going to Castine for a class on truck placement.  He said members probably get 50-to-60 hours a year of training.  A brief discussion followed. 


Jo said the Board certainly appreciates the fire department.  Chief Smith said he appreciates the Board of Selectmen’s support.  He said that hasn’t always been the case, but it’s been better over the past 20-years.  Jo said her agency, Faith in Action, runs a senior fire prevention program, and it’s fortunate that Lamoine has been able to recruit new volunteers.  Nathan echoed the sentiment about volunteer recruitment.  Chief Smith said part of the success has to do with the support of the town and the willingness to spend money on the needed things. 


Recreation Committee – Stu said the Rec Committee wanted to meet first before discussing a concern with the Selectmen.  He said they most likely will be on the agenda for November 29th.


Speed Monitoring Sign – Selectmen reviewed the sample contract from MDOT for the portable speed sign. Stu noted that it is supposed to be moved every three weeks.  Nathan noted that the sign may be out of service up to 6 months, so that should help in the winter.  Bob asked about insurance costs.  Stu said he didn’t expect it would be much.  A brief discussion followed on moving and mounting the sign.


Special Town Meeting Date(s) – Planning Board Chair John Holt said the Planning Board held a public hearing on September 17, 2018.  He said the text of the proposed Shoreland Zoning Ordinance was on file, but the map was not yet available.  He said they did display a map and made the statement that Archer’s Brook between Mill Road and the head of Mud Creek would be added to the Stream Protection District.  He said he has since developed a color coded map, and once it is approved a larger copy will be generated.


Mr. Holt said both the Cluster Housing amendment to the Building & Land Use Ordinance and the Shoreland Zoning Ordinance drafts are ready for the public.  He said an open town meeting would not require another public hearing.  He said only two people showed up at the September 17th hearing and there were no written comments.  He said he would be glad to call another hearing if desired.


Michael Jordan said he had a concern.  He said Mr. Holt said he would take Spring Brook out of the Stream Protection District.  He said there is no reason for the stream protection for Spring Brook. He said he didn’t know it was still going to be in the Stream Protection zone, and he would like a chance to voice a concern before it goes to a town meeting vote.  He said it is still shown on the draft map.  Mr. Jordan said the map was originally drawn up by the College of the Atlantic in 2007 and said it’s a “Mickey Mouse Map”. He said Spring Brook dos not meet the stream definition in the Shoreland Zoning Ordinance, and the map is not drawn correctly. 


Mr. Holt said the map gives a general sense of where things are.  He said it’s not a big problem.  Stu said the zoning map defines where the zone lies.  A brief discussion followed stream protection.   Mr. Holt said Spring Brook was on the previous map as being in the Stream Protection Zone.  He said a precise map might be good down the road, as the map is fairly controlling.   He said he asked former Planning Board member Gordon Donaldson why Spring Brook was included, and that Mr. Donaldson had told him the State determined that the brook was spring fed and felt it was worth protecting.  He said the Planning Board chose to place Spring Brook on the map years ago and the current Planning Board did not wish to take it off.  He said Archer’s Brook widens up tremendously when it rains and the Planning Board felt that was worth protecting.  He said the Planning Board opted not to include other streams.


Mr. Holt aid the state wants the Shoreland Zoning Ordinance updated soon.  He said they could spend some time to come with more detailed maps, and it would be nice to identify the affected parcels. He said that would take some time.  He said the Planning Board is recommending that the ordinance be presented to the Town Meeting.


Bob asked about the stream definition’s effect on private property, noting that it covers 150-feet, or 75-feet from the center of the stream in each direction.  He asked if that was a concern.  Mr. Jordan said it affects his property and after a brief discussion he said he wants his voice heard.  Nathan asked if another public hearing should be held.  Mr. Holt said it was no problem to hold one.   A brief discussion followed regarding the out flow of Blunt’s Pond which is in the Stream Protection District.  Mr. Holt said if the Selectmen wished to schedule a special town meeting, he could schedule another public hearing before that.  A brief discussion followed regarding the timing of a town meeting. 


Kathleen said the Appeals Board Ordinance is an issue.  She suggested it might be considered better to consider the ordinance at a separate meeting. A discussion followed in regard to amending multiple ordinances. Mr. Jordan said he doubted that the Appeals Board Ordinance would be ready right off.


Stu reported the Harbor Master has offered some more proposed amendments to the Harbor Ordinance, including a ban on mushroom moorings and a requirement that permit holders have their moorings inspected within the past five years. 


Selectmen noted that an amendment to the FY 18/19 budget is for Code Enforcement. 


After some discussion, the Selectmen indicated that all the proposed town meeting items could wait until the March 20, 2019 town meeting.  Stu said he would let the developer who had inquired about the proposed cluster development amendments know about the proposed timing. 


Sheds – Stu reported that the Recreation Committee had indicated it could use the gray shed that the School Department placed on the Anderson property.  He said the Rec Committee would like the shed moved next to the existing garage.


Stu reported that Rusty Boynton had inquired about the red shed, indicating that he thought it had been promised to him quite a while back by the School Department.  Selectmen had no objection to Mr. Boynton hauling the shed away.


Stump Grinding – Stu reported that plowing contractor Richard McMullen had requested that several stumps on Raccoon Cove Road be removed because the plow wing fetches up on them, causing truck damage.  He said he contacted Chuck Weber about grinding the stumps and Mr. Weber had given an estimate of about $800.  Gary Moved to hire Mr. Weber, Bob 2nd.  Nathan noted that stumps have a way of heaving back up.  Vote in favor was 5-0.


Audit Contract – Jo moved to accept a 3-year renewal with James Wadman, CPA to conduct the annual audit.  Bob 2nd.  Vote in favor was 3-0, Nathan signed the agreement.


Vacation Request – Stu requested vacation time between March 6, 2019 and March 14, 2019.  There was no objection.


Permit Fee Schedule – Selectmen reviewed a draft of proposed changes to the permit fee scheduled.  Stu reported that it changes the Gravel Permit fee from a 3-tier system to a per acre charge of $50/acre. He said it also clarifies items like foundations and attics and that in addition to a Shoreland fee, a building permit must also be obtained (and paid for) within the Shoreland Zone.  Selectmen agreed to consider the schedule at a meeting in November.


League of Towns Meeting Follow Up – Kathleen reported that she attended the annual elected officials meeting of the League of Towns.  She said Sheriff Scott Kane gave a big presentation on the opioid issue.  She said the League continues to address the matter.  She noted there have been opioid tragedies here in town.  Stu said the League agreed to focus on affordable housing, a county charter and collaboration/transportation at its meeting earlier in the week.  There were brief discussion about a county charter and tick borne illnesses.


2019/20 Proposed Budget – Stu presented a draft Administration Budget.  He noted that the Budget Committee will meet on November 7th.  Selectmen gave the draft administration budget the OK to move forward.


Next Meeting – The next meeting will be with the board chairs and department heads on November 15, 2018.  Jo said she would like to ask attendees what they see as the biggest issues for the next year and to bring that to the meeting.  Stu said he would e-mail a reminder to the department heads and request that.


Other – Fire chief George “Skip” Smith said there is a reason that the meeting at the fire station is being held in the apparatus bay, and that is because the upstairs meeting room is not ADA compliant.  He said he would like to start a conversation soon about building an addition to the fire station for offices and meeting space. 


Chief Smith said cancer in the fire service is a serious issue and spoke about taking steps to wash turnout gear after each call.  He said keeping the office area and apparatus bay separate would help as well.  He said he’s started sketching out some ideas, but it would involve the school moving the portable classroom.    Nathan said there has been a fair amount of discussion about a community center and school growth.


January Meeting Dates – Selectmen decided to meet on January 10 and 24, 2019.


There being no further business, the meeting adjourned at 8:27 PM. 

Respectfully submitted,


Stu Marckoon, Adm. Asst. to the Selectmen