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Lamoine Town Meeting Minutes March 8 & 9 2005

 

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

1. To choose a moderator to preside over said meeting. Harvey Kelley was nominated and 2 nd . Blank ballots were distributed and Mr. Kelley was unanimously elected as moderator of the meeting. Mr. Kelley took the oath of office from Town Clerk Kovacs, and then appointed Stuart Marckoon as Deputy Moderator, who also took the oath of office from Ms. Kovacs. At 10:00 AM, Mr. Kelley opened the polls for balloting.

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

•  Selectman & Overseer of the Poor (1 position, term to end town meeting 2006)

•  Selectman & Overseer of the Poor (1 position, term to end town meeting 2007)

•  Selectman & Overseer of the Poor (1 position, term to end town meeting 2008)

•  School Committee Members (1 positions, to end town meeting 2008.)

•  Assessor (1 position, term to begin July 1, 2005 and end June 30, 2008)

The polls closed at 8:00 PM. A total of 430 ballots were cast. Moderator Kelley certified the following results:

•  Selectman & Overseer of the Poor (term ending 2006): Richard Davis 198 Votes, Brett Jones 211 Votes. Mr. Jones was declared the winner.

•  Selectman & Overseer of the Poor (term ending 2007): Richard Fennelly Jr., 239 Votes, Donna Thorburn 168 Votes, Others 2 votes. Mr. Fennelly was declared the winner

•  Selectman & Overseer of the Poor (term ending 2008): Cynthia Donaldson 220 Votes, Kari Graceland 8 votes, William Pinkham 199 Votes. Mrs. Donaldson was declared the winner.

•  School Committee: Bonnie Marckoon 375 Votes, Others 6 Votes. Mrs. Marckoon was declared the winner

•  Assessor: Terry Towne 349 Votes, Others 12 votes. Mr. Towne was declared the winner.

 

Open Town Meeting

Wednesday, March 9, 2005 6:00 PM

Approximately 150 voters attended the open town meeting. The meeting was recorded by Lamoine Government Cable TV Channel 7.

Mr. Kelley called the open town meeting to order at 6:13 PM at the Lamoine Consolidated School Gymnasium. He said he would run the meeting in accordance with the 2005 version of the Maine Moderator's Manual. He said he could not accept a negative motion on any article. He asked for a motion to allow non-residents to speak at the discretion of the moderator. It was so moved, 2 nd and voted a greater than 2/3rds majority

Deputy Town Clerk Stu Marckoon reported the election results from the previous day.

 

3. To see if the Town will vote to set October 31, 2005 as the date when all personal property and real estate taxes for the Fiscal Year July 1, 2005 to June 30, 2006 are due and payable, and to see if the town will vote to fix a rate of interest of 7.50% to be charged on taxes unpaid after November 1, 2005 and to see if the town will vote to fix the rate of interest for tax overpayment at 3.50% annually. It was moved and 2 nd to pass the article as written. The motion passed on a hand vote.

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 2 nd to pass the article as written. The motion passed without opposition on a hand vote.

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 2 nd to pass the article as written. The motion passed without opposition on a hand vote.

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 2 nd to pass the article as written. The motion passed on a hand vote without opposition.

7. To see if the town will vote to authorize the tax collector or treasurer to accept pre-payments of 2005/2006 taxes not yet committed pursuant to 36 M.R.S.A. § 506. It was moved and 2 nd to pass the article as written. The motion passed on a hand vote without opposition.

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, 2005. It was moved and 2 nd to pass the article as written. The motion passed on a hand vote.

Ordinances

 

9. To see if the town will adopt amendments to the Building and Land Use Ordinance entitled “Definitions-2005” as proposed by the Lamoine Planning Board . The proposed amended definitions are on file with the Lamoine Town Clerk. (See Clerk's Supplemental Book 12 for amendments). It was moved and 2 nd to pass the article as written. Planning Board Chair Gordon Donaldson and member Melody Havey presented an explanation of the proposed amendments. The motion passed on a hand vote by the majority.

10. To see if the town will add a proposed Section 15 to the Building and Land Use Ordinance entitled Junkyard and Automobile Graveyards as proposed by the Lamoine Planning Board . The proposed section is on file with the Lamoine Town Clerk . (See Clerk's Supplemental Book 12 for amendments). It was moved and 2 nd to pass the article as written. Planning Board Member Cece Ohmart explained the proposed amendments. A short discussion took place regarding setbacks. The motion passed on a hand vote by the majority.

11. To see if the town will vote to adopt a set of amendments to the Building and Land Use Ordinance entitled “Technical Amendments, March 2005” as proposed by the Lamoine Planning Board . The proposed amendments are on file with the Lamoine Town Clerk. (See Clerk's Supplemental Book 12 for amendments). It was moved and 2 nd to pass the article as written. Planning Board member Michael Garrett explained the proposed amendments. Terry Towne questioned the legality of the process regarding notification to landowners who's uses might change and whether there was a proper legal review on changes. The Planning Board replied that they did not have the town attorney perform a legal review. The moderator declared the motion passed on a hand vote by a majority of about 20-votes.

12. To see if the town will vote to adopt a set of amendments to the Building and Land Use Ordinance entitled “Fire Protection Amendments, March 2005” as proposed by the Lamoine Planning Board . The proposed amendments are on file with the Lamoine Town Clerk. (See Clerk's Supplemental Book 12 for amendments). It was moved and 2 nd to pass the article as written. Planning Board Member Brett Jones explained the proposed amendments. Discussion followed on whether the amendments would apply to existing subdivisions, and whether the town would become obligated to maintain subdivision roads. After a lengthy discussion, the motion passed on a majority hand vote.

13. To see if the town will vote to adopt an ordinance entitled “Parks Ordinance” The proposed ordinance is on file with the Lamoine Town Clerk. (See Clerk's Supplemental Book 12 for Entire Ordinance). It was moved and 2 nd to pass the article as written. A short discussion took place regarding enforcement and whether another committee is needed. The motion passed on a hand vote.

Education Budget Articles

14.  To see what sum the Town will authorize the School Committee to expend for school department personnel costs. (The School Committee and Budget Committee recommend $854,242.02 ). It was moved and 2 nd to authorize the recommended amount. A motion to amend that amount $10,000 lower was 2 nd , but did not pass. The original motion passed on a hand vote.

15. To see what sum the Town will authorize the School Committee to expend for school department operating costs. (The School Committee and Budget Committee recommend $1,266,597.81 ). It was moved and 2 nd to authorize the recommended amount. The motion passed without discussion on a hand vote.

The figures contained in Articles 16 through 18 are estimates that may be amended at Town Meeting. These articles were prepared for publication prior to final legislative action on funding for education.

16. To see what sum the Town will appropriate for the school administrative unit's contribution to the total cost of funding public education from kindergarten through grade 12 as described in the Essential Programs and Services Funding Act and to see what sum the Town will raise as the Town's contribution to the total cost of funding public education from kindergarten to grade 12 as described in the Essential Programs and Services Funding Act in accordance with the Maine Revised Statutes, Title 2-A, section 15688. ( The School Committee and Budget Committee recommend a total of $1,644,687.64 with a local contribution of $1,193,157.00 and a state contribution of $451,530.64).

Explanation: The school administrative unit's contribution to the total cost of funding public education from kindergarten to grade 12 as described in the Essential Programs and Services Funding Act is the amount of money determined by state law that a municipality must raise in order to receive the full amount of state dollars.

It was moved and 2 nd to pass the article as recommended. The article requires a count. The final count was 133 in favor, 2 opposed. The motion passed.

17. To see what sum the Town will raise and appropriate in additional local funds for school purposes under Maine Revised Statutes, Title 20-A, Section 15690. (The School Committee and Budget Committee recommend $375,919.84)

Explanation: The additional local funds are those locally raised funds over and above the school administrative unit's contribution to the cost of funding public education from kindergarten to grade 12 as described in the Essential Programs and services Funding Act and local amounts raised for the annual debt service payment on non-state-funded school construction projects or the non-state-funded portion of a school construction project that will help achieve the Town budget for educational programs.

There was no motion on article 17 after a previous explanation from the school business manager that this article was no longer required.

18. Shall the Town raise and appropriate $375,919.84 in additional local funds, which exceeds the States Essential Programs and Services funding model by $375,919.84 ?

(The school committee and budget committee recommend $375,919.84 for the following reasons: the Essential Programs and Services funding formula is structured to reward larger, more urban districts and penalize smaller and rural districts with the goal of persuading the smaller districts to consolidate. As student enrollment continues to remain static and/or decline, the formula will calculate lower EPS total allocations, requiring additional local support to provide educational programs. If local property valuations increase at a rate faster than the state average, this situation will only be made worse.)

Explanation: The additional local funds are those that are locally raised funds over and above the school administrative unit's local contribution to the total cost of funding public education from kindergarten to grade 12 as described in the Essential Programs and Services Funding Act and the local amounts raised for annual debt service payment on non-state-funded school construction projects or the non-state-funded portion of a school construction project that will help achieve the Town's budget for educational purposes.

It was moved and 2 nd to pass the article as written. A written ballot is required. It was moved and 2 nd to change the amount that exceeds the EPS funding model to $188,603.53. The amendment passed on a hand vote. The motion as amended passed on a written ballot vote of 111 in favor and 9 opposed.

19. Total Budget – ( A school administrative unit must include a summary article indicating the total annual budget for funding public education from kindergarten to grade 12 . The amount recommended is the gross budget of the school department. This article doesn't provide money unless the other articles are approved).

To see what sum the Town will authorize the School Committee to expend for the fiscal year beginning July 1, 2005 and ending June 30, 2006 from the school administrative units contribution to the total cost of funding public education from kindergarten to grade 12 as described in the Essential Programs and Services Funding Act, non-state-funded school construction projects, additional local funds for school purposes under the Maine Revised Statutes, Title 20-A, section 15690, unexpended balances, tuition receipts, local appropriations, state subsidy, and other receipts for the support of schools .

(The School Committee and Budget Committee recommend $2,120,839.83).

It was moved and 2 nd to pass the article as recommended. Hand count in favor was 100 to 0, the motion passed.

The purpose of Article 20 is to authorize the Town to increase the current 2004-05 education budget by $37,845 to pay for part of the legal expenses, consultant fees, and tuition costs required by a court order to settle litigation which the Town recently lost. The expected total cost of the settlement is about $77,845. About $40,000 will come from savings in the current year school budget and the remainder ($37,845) from fiscal year 2003-04 balance forward.

20. To see what sum the Town will authorize the School Committee to expend for the fiscal year beginning July 1, 2004 and ending June 30, 2005 from the foundation allocation, debt service allocation, unexpended balances, tuition receipts, local appropriations, state subsidy, and other receipts for the support of schools. ( The School Committee and Budget Committee recommend $2,137,445.29).

It was moved and 2 nd to pass the article as recommended. Discussion followed on the town losing a lawsuit which necessitated the article. Superintendent of Schools Bill Fowler explained how the town lost the suit. The motion passed on a hand vote.

21. 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 2 nd to pass the article as written. The motion passed on a hand vote.

Non Education Articles

 

22. To see what sum the Municipality will raise and appropriate to add to the fund used to maintain the portable, temporary classrooms leased to the Lamoine School Department for educational purposes. (The Selectmen and Budget Committee recommend $1,000.) It was moved and 2 nd to pass the article as recommended. The motion passed on a hand vote.

23. 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

Selectman (Chair)

$1,600.00

Selectman (non-chair, 4 positions)

$1,000.00

Assessor (Chair)

$1,250.00

Assessor (non-chair, 2 positions)

$950.00

(The Budget Committee and Selectmen recommend $139,346.76 with the salary recommendations listed above .). It was moved and 2 nd to pass the article as recommended. The motion passed on a hand vote.

24. 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 $13,000.00.) It was moved and 2 nd to pass the article as recommended. The motion passed on a hand vote.

25. 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 $1,700.00.) It was moved and 2 nd to pass the article as recommended. The motion passed on a hand vote.

26. 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

Community Health & Counseling

$600.00

$600.00

Yesterday's Children

$300.00

$200.00

Washington/Hancock Community Agy.

$1,065.00

$0.00

Lamoine Historical Society

$600.00

$600.00

Loaves & Fishes Food Pantry

$600.00

$400.00

WIC Clinic

$600.00

$600.00

Eastern Area Agency on Aging

$250.00

$250.00

American Red Cross – E. Maine

$600.00

$600.00

Maine Coast Memorial Hospital

$600.00

$600.00

Child & Family Opportunities

$600.00

$0.00

Downeast AIDS Network

$600.00

$600.00

Faith In Action-Community Connection

$600.00

$600.00

Hospice of Hancock County

$150.00

$150.00

Open Door Recovery Center

$600.00

$600.00

Total

 

$5,800.00

(The Budget Committee recommends $5800.00 as outlined above. The donation requests ordinance requires the Board of Selectmen to recommend no more than 5% of one mill, which is approximately $5,800.00) . It was moved and 2 nd pass the article as recommended. Discussion followed on why some agencies received no recommendation or lower recommendations from the Budget Committee. Joe Young of the Budget Committee said some of the agencies did not show up at the committee meetings. It was moved and 2 nd to change the amount approved to equal each agency's request, which would bring the total to $7,765.00. The amendment was defeated on a hand vote. It was moved and 2 nd to amend the article to increase the Loaves and Fishes recommendation to $600, for a total of $6,000. That motion passed on a hand vote. The motion as amended to $6,000 passed on a hand vote/

27. To see what sum the Town will vote to raise and appropriate for Parks & Recreation . (The Selectmen and Budget Committee recommend $5,250.00. Included in this budget is the Downeast Family YMCA support request. The recommendation is that the YMCA be funded at $2,500.00. The YMCA has requested $3,000.00). It was moved and 2 nd to pass the article as recommended. It was moved and 2 nd to increase the amount to $5,750 to reflect a $500 increase to the Downeast Family YMCA. A short discussion followed regarding the YMCA. The motion to amend passed. The motion as amended passed on a hand vote.

28. To see what sum the Town will vote to raise and appropriate for library services. (The Selectmen and Budget Committee recommend $3,500.00. The Ellsworth Public Library has requested funding of $7,170.00). It was moved and 2 nd to pass the article as recommended by the Budget Committee. Donna Thorburn explained the services available from the library. It was moved and 2 nd to increase the amount to $4,000. That motion passed on a hand vote. It was moved to amend the amount to $6,500. Carroll Austin of the Ellsworth Public Library spoke in regard to library operations and the number of card holders. The motion to amend to $6,500 passed on a hand vote of 37 in favor to 18 opposed. The motion as amended passed on a hand vote.

29. To see what sum the Town will vote to raise and appropriate for Public Safety Expenditures. (The Budget Committee recommends $44,722.75) . It was moved and 2 nd to pass the article as recommended. It was moved by Selectman Glenn Crawford and 2 nd to reduce the amount by $8.970.00, reflecting the contract price of County Ambulance . A lengthy discussion took place on the contract with County Ambulance , with Dan Bahr of that company answering several questions from the floor. The motion to amend the article was withdrawn by Selectman Crawford, as was the 2 nd . The motion passed on a hand vote.

30. 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 recommends $29,050.00) It was moved and 2 nd to approve the article as recommended. The motion passed on a hand vote.

31. To see what sum the Town will vote to raise and appropriate for Road Maintenance. (The Budget and Selectmen recommend $128,325.00.) It was moved and 2 nd to pass the article as recommended. The motion passed on a hand vote.

32. To see what sum the Town will vote to raise and appropriate for major road projects including re-pavement of a portion Shore Road . (The Selectmen and Budget Committee recommend $85,682.00.) It was moved and 2 nd to pass the article as recommended. The motion passed on a hand vote.

33. 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 $98,498.00) It was moved and 2 nd to pass the article as recommended. The motion passed on a hand vote.

34. To see if the Town will authorize the transfer from undesignated fund balance the amount of $5,834.57 in order to fund the FY 2003/04 appropriation for solid waste in excess of that amount budgeted for said purposes. (Note this will not reduce the amount of audited undesignated fund balance as of June 30, 2004). It was moved and 2 nd to pass the article as written. The motion passed on a hand vote.

35. 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

$270,000.00

 

Agent Fees

$5,000.00

 

Interest on Real Estate Taxes

$7,750.00

 

Interest on Investments

$16,500.00

 

Use of Surplus

$50,000.00

 

Watercraft Excise Taxes

$3,500.00

 

Tax Lien Charges

$1,800.00

 

Administration Fees

$1,000.00

 

General Assistance Reimbursement

$500.00

 

Portable Classroom Rental

$28,416.00

$384,466.00

Road Fund

 

 

Local Road Assistance

$26,536.00

 

Use of Road Fund

$2,000.00

$28,536.00

Code Enforcement Fund

 

 

Local Plumbing Fees

$3,000.00

 

Code Enforcement Fund Transfer

$6,000.00

 

Code Enforcement Fees

$6,500.00

$15,500.00

Animal Control Fund

 

 

Local Animal Control Fees

 

$700.00

Dump Closing Fund

 

 

Dump Closing Fund

 

$500.00

Cable TV Revenues

 

 

Cable TV Franchise Fees

 

$5,000.00

Total Offsets to Local Property Tax

 

$434,702.00

*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 2 nd to approve the article as written. The motion passed on a hand vote.

36. To see if the Town will vote to establish and/or continue the following funds:

 

Fund Balance
Account

Balance as of

12/31/2004*

Code Enforcement Fund

$31,373.27

Dump Closing Fund

$1,550.91

Fire Truck Reserve Fund

$1,627.81

Salt/Sand Shed Reserve Fund

$44,752.58

Road Assistance Fund

$112,846.12

Education Capital Fund

$2,449.36

Animal Control Fund

$849.91

Revaluation Reserve Fund

$11,848.13

Insurance Deductible Fund

$4,162.85

Harbor Fund

$3,864.68

Portable Classroom Maintenance

Fund

$3,664.40

Cable TV Channel Fund

-$3,781.99

*Note that most funds are part of continuing operations, so the balance of 12/31/04 reflects partial expenditures during the fiscal year.

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

37. 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 recommend approval as written). It was moved and 2 nd to pass the article as written. The motion passed on a hand vote.

Supplemental Town Meeting Warrant

1. To see what sum the Town will vote to raise and appropriate for addition to the Revaluation Reserve. (The Selectmen and Budget Committee recommend $5,000.00) It was moved and 2 nd to pass the article as recommended. The motion passed on a hand vote.

2. 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 2 nd to pass the article as recommended. There was a short discussion about the Cable TV fees. The motion passed on a hand vote.

There being no further business, the moderator declared the meeting adjourned at 9:48 PM.

Respectfully submitted,

Jennifer M. Kovacs, Town Clerk