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Town Clerk Jennifer Kovacs called the meeting to order at the Lamoine Town Hall at 9:55 AM.

1. To choose a moderator to preside over said meeting. Stuart Marckoon nominated Harvey Kelley. Marion McDevitt 2nd . A written ballot elected Mr. Kelley 8-0. Mr. Kelley swore his oath of office to Town Clerk Kovacs, and then appointed Stuart Marckoon as Deputy Moderator, who also took the oath of office from Ms. Kovacs. At 10:00AM, Mr. Kelley opened the polls for balloting.

2.  To elect the following Town Officers by secret ballot:

The polls closed at 8:00 PM, and the following results were reported:

Selectman

Votes

 

Cynthia Donaldson

197

Winner

Robert Sharkey

66

 

Others

0

 

 

 

 

Assessor

 

 

Terry Towne

220

Winner

Others

2

 

 

 

 

 

 

 

School Committee 3-years

Robert Pulver

220

Winner

Others

1

 

 

 

 

School Committee 1-year

 

 

Kathleen Rybarz

218

Winner

Others

0

 

 

Open Town Meeting

Wednesday, April 2, 2008 6:00 PM

Prior to the resumption of the annual open town meeting, Town Clerk Jennifer Kovacs administered the oaths of office to the following:

The Lamoine Conservation Commission presented an award posthumously in honor of Ellis Jordan Holt for his land conservation efforts. John Holt accepted the award for his father.

John Walls gave an update on the Jina's Gym effort.

Moderator Harvey Kelley called the open town meeting to order at approximately 6:10 PM.

Assistant Town Clerk Kathleen DeFusco and Ballot Clerk Cynthia Donaldson checked in 91 voters at the open town meeting.

Mr. Kelley established that he would operate according to the Maine Moderator's Manual.

It was moved and 2nd to allow non-voters/non-residents to speak at the moderator's discretion. The motion passed by a greater than 2/3rds majority on a hand vote.

Mr. Kelley announced the results of the election the previous day.

Article 3 - To see if the Town will vote to set October 31, 2008 as the date when all personal property and real estate taxes for the Fiscal Year July 1, 2008 to June 30, 2009 are due and payable, and to see if the town will vote to fix a rate of interest of 11.00% to be charged on taxes unpaid after November 1, 2008 and to see if the town will vote to fix the rate of interest for tax overpayment at 7.00% annually. It was moved and 2nd to pass the article as written. The motion passed on a hand vote.

Article 4 - To see if the Town will vote to authorize the Selectmen to sell and/or dispose of any property acquired by tax liens after first offering the property to the previous owners for payment of all back taxes, fees and interest, and if they decline, advertising for sealed bids on same, and stating the lowest bid acceptable, and to allow the Selectmen to authorize the Treasurer to waive automatic lien foreclosures when it is in the best interest of the Town. It was moved and 2nd to approve the article as written. The motion passed on a hand vote.

Article 5 - To see if the Town will vote to authorize the Selectmen to sell and/or dispose of any property or fixtures deemed to be surplus and unusable to the Town and worth less than $1,000 fair market value, under such terms and conditions as they deem advisable. It was moved and 2nd to approve the article as written. Marion McDevitt moved to amend the article to include “after advertising items in the same manner used to notify residents of other town business” it was 2nd . The motion to amend passed on a hand vote, and the motion as amended passed on a hand vote.

Article 6 - To see if the Town will vote to appropriate all funds from the money received from the State of Maine for registration of snowmobiles to the Frenchman Bay Riders Snowmobile Club for the purpose of maintaining their snowmobile trails, to be open for the use of the public at all times, and to authorize the municipal officers to enter into an agreement with the Club, under such terms and conditions as the municipal officers may deem advisable, for that purpose. It was moved and 2nd to approve the article as written. The motion passed on a hand vote.

Article 7 - To see if the Town will vote to authorize the tax collector or treasurer to accept pre-payments of 2008/2009 taxes not yet committed pursuant to 36 M.R.S.A. § 506. It was moved and 2nd to approve article as written. The motion passed on a hand vote.

Article 8 - To see if the Town will vote to authorize expenditures to pay tax abatements and applicable interest granted during the fiscal year beginning July 1, 2008. It was moved and 2nd to approve article as written. The motion passed on a hand vote.

Article 9 - To see if the Town will vote to amend an ordinance entitled “Lamoine Shoreland Zoning Ordinance”, to incorporate language mandated by the Commissioner of the Department of Environmental Protection. It was moved and 2nd to pass the article as written. The motion passed on a hand vote.

Article 10 - To see if the town will vote to loan the Veterans' Memorial Committee an amount not to exceed $12,000 to complete the memorial project during the fiscal year ending June 30, 2008, and to authorize repayment terms to be negotiated by the Board of Selectmen – said funds to be made available from, and paid back to, the Capital Improvements Fund. It was moved and 2nd to pass the article as written. There was a brief discussion on how much money was raised through fundraising and a short discussion on how long it will take to pay back loan to the Capital Fund. Selectman Cooper said hopefully less then one year. The motion passed on a hand vote.

Article 11 - To see if the Town will authorize the Board of Assessors to reduce the real estate and personal property tax commitment by an amount not to exceed any additional amount the Town may receive from the foundation allocation or debt service allocation once the Maine Legislature has established those amounts. (The Budget Committee recommends a vote in favor) It was moved and 2nd to pass the article as written. The motion passed on a hand vote.

Article 12 -To see what sum the Town will vote to raise and appropriate for Administration and to set the salaries of the following elected officers whose salaries will be paid from the Administration Account of the General Fund, and to authorize the Board of Selectmen to establish the rate of compensation for appointed officials.

Position

Recommended Salary (Budget Committee & Selectmen)

Selectman (Chair)

$1,600.00

Selectman (non-chair, 4 positions)

$1,000.00

Assessor (Chair)

$1,500.00

Assessor (non-chair, 2 positions)

$1,250.00

(The Budget Committee & Selectmen recommend $153,206.45 and the salaries as outlined above .) It was moved and 2nd to pass the article as recommended. There was a brief discussion on what the recommended amount was last year. Administrative Assistant Stu Marckoon said the answer is on page 79 of the town report. The motion passed on a hand vote.

Article 13 - To see what sum the Town will vote to raise and appropriate for capital projects. ( The Selectmen & Budget Committee recommends $23,292.00, including $10,292 for construction of a new entrance road into Bloomfield Park , $2,000.00 for upgrades to the town owned storage garage at 252 Lamoine Beach Road , $10,000 to add to the Revaluation Reserve, and $1,000.00 to add to the Land Conservation Fund.) It was moved and 2nd to pass article as written. There was a discussion about the new access road for Bloomfield Park . Stuart Branch commented that the road needed to be graded and he has paid for that in the past. He explained that he would provide and easement and a portion of shorefront for the new access road. Motion passed on a hand vote.

Article 14 - To see what sum the Town will vote to raise and appropriate for major renovations at the Lamoine Town Hall . (The Selectmen and Budget Committee recommend $25,000.00) It was moved and 2nd to pass as recommended. There was a brief discussion about what needed to be done. Selectmen Cooper said that they would not go above and beyond what was needed to fix problem areas. Motion passed on a hand vote.

Article 15 - To see what sum the Town will vote to raise and appropriate for Code Enforcement, and to authorize expenditure of the state share of local plumbing fees to the Maine Department of Human Services. (The Selectmen and Budget Committee recommend $18,250.00.) It was moved and 2nd to pass as recommended. Motion passed on a hand vote.

Article 16 - To see what sum the Town will vote to raise and appropriate for the Planning and Appeals Boards. (The Planning Board , Selectmen and Budget Committee recommend $1,200.00.) It was moved and 2nd to pass article as recommended. Motion passed on a hand vote.

Article 17 -To see what sum the Town of Lamoine will vote to raise and appropriate for the support of social service organizations listed below, which made written requests for funding from the Selectmen, and met the criteria of the Town Meeting Donation Requests Ordinance adopted November 7, 2000.

 

Requesting Agency

Requested

Budget Cmte

American Red Cross – Pine Tree Chapter

$240.00

$240.00

Community Health & Counseling Service

$600.00

$0.00

Child & Family Opportunities

$600.00

$600.00

Northeast Contact

$175.00

$0.00

Eastern Area Agency on Aging

$250.00

$250.00

Emmaus Homeless Shelter

$600.00

$0.00

Faith In Action – Community Connection

$600.00

$600.00

Hancock County Home Care

$579.00

$579.00

Hospice of Hancock County

$600.00

$600.00

Lamoine Historical Society

$600.00

$600.00

Loaves & Fishes Food Pantry

$600.00

$600.00

Maine Coast Memorial Hospital

$600.00

$600.00

Open Door Recovery Center

$600.00

$0.00

Warren Center for Hearing

$500.00

$500.00

Washington/Hancock Community Agency

$600.00

$600.00

Women's Infants & Children (Downeast Health)

$480.00

$480.00

Yesterday's Children

$300.00

$0.00

Total

$8,324.00

$6,249.00

(The Budget Committee recommends $$6,249.00 as outlined above. The donation requests ordinance requires the Board of Selectmen to recommend no more than 5% of one mill, which is $11,870.00) John Holt moved to approve article for $8,324. It was 2nd . Small discussion on why budget committee recommended no funding for some agencies. Selectman Tadema-Wielandt moved to amend the amount to $6,249.00 as the Budget Committee recommended. The motion was 2nd . The motion carried as amended by a hand vote, and the motion as amended passed on a hand vote.

Article 18 - To see what sum the Town will vote to raise and appropriate for Parks & Recreation. (The Parks Commission and Budget Committee recommend $11,142.00). It was moved and 2nd to pass as recommended. Motion passed on a hand vote.

Article 19 - To see what sum the Town will vote to raise and appropriate for library services. (The Selectmen and Budget Committee recommend $6,180.00. The Ellsworth Public Library has requested funding of $6,180.00). It was moved and 2nd to pass as recommended. Donna Thorburn explained the services available by the library. Motion passed without opposition on a hand vote.

Article 20 - To see what sum the Town will vote to raise and appropriate for Public Safety Expenditures. (The Budget Committee, Selectmen and Fire Department recommend $55,240.00 It was moved and 2nd to pass the article as recommended. The motion passed on a hand vote.

Article 21 - To see what sum the Town will vote to raise and appropriate to pay debt service (fire truck loan approved June 8, 2004). (The Budget Committee and Selectmen recommend $26,624.44) It was moved to approve the article as recommended. The motion passed on a hand vote.

Article 22 - To see what sum the Town will vote to raise and appropriate for Road Maintenance. (The Budget Committee and Selectmen recommend $121,675.00.) It was moved and 2nd to pass article as recommended. The motion passed on a hand vote.

Article 23 -To see what sum the Town will vote to raise and appropriate for major road projects including re-pavement of Walker Road , Birchlawn Drive & South Birchlawn Drive. (The Selectmen and Budget Committee recommend $114,000.00). It was moved and 2nd to pass the article as recommended. Short discussion on how long it has been since Birchlawn Drive as been paved. Mr. Marckoon said about 25 years. Motion passed on a hand vote.

Article 24 - To see what sum the Town will vote to raise and appropriate for ditch construction and reconstruction. (The Road Commissioner recommends $60,000.00, the Budget Committee recommends $0.00) It was moved and 2nd for the Budget Committee recommendation. Michael Jordan moved to amend article for $60,000.00. It was 2nd . Small discussion on why Budget Committee recommends $0.00. A hand vote on the motion to amend failed. The vote on the original motion passed on a hand vote .

Article 25 -To see what sum the Town will vote to raise and appropriate to establish a new fund entitled “Road Improvement Fund”. (The Road Commissioner, Budget Committee and Selectmen recommend $25,000.00.) It was moved and 2nd to pass the article as recommended. Motion made to amend article for $60,000.00. It was 2nd . The motion to amend passed on a hand vote.

Article 26 -To see what sum the Town will vote to raise and appropriate for operation of the Local Government Cable TV Channel(s). (The Selectmen and Budget Committee recommend $5,000.00 – operational funds to come from the Cable TV Franchise Fee) It was moved and 2nd to pass article with the amount recommended. The motion passed on a hand vote.

Article 27 -To see what sum the Town will vote to raise and appropriate for waste disposal including operation of the Lamoine Transfer Station, shipment to the Penobscot Energy Recovery Company, recycling contractor, monitoring of wells around the former landfill, and to authorize the Selectmen to continue the contract of disposal of septic sludge. (The Selectmen and Budget Committee recommend $98,260.00) It was moved and 2nd to pass the article with the amount recommended. The motion passed on a hand vote.

Article 28 -To see which revenues the Town will vote to appropriate for inclusion in the non-education portion of the budget to offset local property taxes.

Revenue Fund

Amount

Fund Total

General Fund

 

 

Automobile Excise Taxes

$305,000.00

 

Agent Fees

$5,800.00

 

Interest on Real Estate Taxes

$6,700.00

 

Interest on Investments

$46,000.00

 

Use of Surplus

$100,000.00

 

Watercraft Excise Taxes

$4,300.00

 

Tax Lien Charges

$2,350.00

 

Administration Fees

$1,200.00

 

General Assistance Reimbursement

$1,250.00

 

 

 

$472,600.00

Road Fund

 

 

URIP Program (State Funding)

$27,428.00

 

Use of Road Fund

$1,500.00

$28,928.00

Code Enforcement Fund

 

 

Local Plumbing Fees

$2,500.00

 

Code Enforcement Fees

$9,500.00

$12,000.00

Animal Control Fund

 

 

Local Animal Control Fees

$1,000.00

Cable TV Revenues

 

 

Cable TV Franchise Fees

 

$5,000.00

Parks & Recreation Fund

 

$1,000.00

Capital Projects Fund

 

$36,000.00

Total Offsets to Local Property Tax

 

$556,528.00

*Municipal Revenue Sharing will also reduce the tax commitment and is not included in the above figure. (The Selectmen and Budget Committee recommend the revenue figures listed above.) It was moved and 2nd to pass article with the figures recommended by the Budget Committee. The motion passed on a hand vote.

Article 29 -To see if the Town will vote to establish and/or continue the following funds:

Fund Balance Account

Balance as of 6/30/07*

Code Enforcement Fund

$12,517.39

Fire Truck Reserve Fund

$11,001.78

Road Assistance Fund

$15,699.38

Education Capital Fund

$2,675.11

Animal Control Fund

$365.46

Revaluation Reserve Fund

$29,086.31

Insurance Deductible Fund

$4,254.59

Harbor Fund

$6,363.19

Cable TV Channel Fund

$11,596.54

Parks & Recreation Fund

$3,886.41

Capital Improvements Fund

$245,582.24

*Note that most funds are part of continuing operations, so the balance of 6/30/07 does not reflect any appropriations, expenditures or revenues for the current fiscal year.

(The Selectmen and Budget Committee recommend continuing the above funds ) It was moved and 2nd to pass the article as recommended. The motion passed on a hand vote.

Article 30 - To see if the Town will vote to discontinue and transfer certain designated fund balances as follow:

Fund Name

Move Balance To:

Balance 12/31/07

Salt/Sand Shed Reserve

Capital Improvements

$485.85

Portable Classroom Maintenance

Education Construction Fund

$6,887.40

Summer Recreation Fund

Parks & Recreation Fund

$50.00

It was moved and 2nd to pass article as written. The motion passed on a hand vote.

Article 31 - To see if the Town will authorize transfer of any unexpended funds from salt/sand shed construction project to the Capital Improvements Fund. (The Budget Committee & Selectmen recommend approval of this article – expected amount is approximately $15,000.00)

It was moved and 2nd to approve the article as written. The motion passed on a hand vote.

Article 32 -To see if the Town will authorize the Selectmen to delineate town owned property on Tax Map 15 Lots 24 and 27 in order to clarify the portions of those lots designated for school use, fire department use, and town recreational use. (The Selectmen recommend passage in anticipation that the Lamoine Consolidated School land and buildings will eventually be owned by a Regional School Unit).

It was moved and 2nd to approve the article as written. There was considerable discussion in regard to what the Selectmen were attempting to accomplish through this article. It was explained that due to school consolidation a Regional School Unit would end up owning the school property and potentially could make changes to the property use, especially in regard to the Fire Station and the athletic fields. Selectman Tadema-Wielandt moved to amend the motion to add the words “execute, acknowledge and record” following the word “clarify”. After more discussion, the sentiment of the town meeting seemed to be to have the Selectmen work with the Fire Department and the School Committee to draw up a plan to present to a future town meeting, possibly in May, for final approval. The motion to amend failed on a hand vote. The main motion failed on a hand vote.

Article 33 -To see if the Town will authorize expenditure of funds from the Harbor Fund for improvements at the Harbor area as suggested to and approved by the Board of Selectmen, and to authorize the Selectmen to set the compensation of the Harbor Master and Deputy Harbor Master to be paid from the Harbor Fund. (The Selectmen and Budget Committee recommend approval as written).

It was moved and 2nd to pass the article as written. The motion was approved on a hand vote.

Article 34 -To see if the Town will vote to dedicate 50% of any revenues derived from the lease of town owned land to Verizon Wireless and / or successors during Fiscal Year 2009 to the Parks Fund to be used for capital improvement projects subject to town meeting approval and 50% of the revenues to be added to the town's capital improvement fund. It was moved and approved to approve the motion as written. Administrative Assistant Marckoon reported that the lease with Verizon has been put on hold indefinitely, and the motion was moot. The motion failed on a hand vote.

Article 35 -To see if the town will vote to increase the maximum property tax levy limit established by State law, in the event that the municipal budget approved at this town meeting results in a tax commitment in excess of the maximum property tax levy otherwise allowable, such that the increased maximum property tax levy hereby established will equal the amount committed. (By state law, the vote on this article must be by written ballot). ( The Selectmen and Budget Committee Recommend approval. )

It was moved and 2nd to pass the article as written. Distribution of ballots followed and after collecting all ballots, clerks reported to the Moderator that the measure passed by a vote of 52 to 10.

There being no further business to transact, Moderator Kelley declared the town meeting adjourned at 8:40 PM.

Respectfully submitted,

Jennifer Kovacs, Town Clerk