Minutes of the Lamoine Town Meeting

November 19, 2003

Interim Town Clerk Stuart Marckoon called the meeting to order at 7:09 PM at the Lamoine Consolidated School. Approximately 57 registered voters were present. Mr. Marckoon introduced the head table with clerks Jennifer Kovacs, Kathleen DeFusco, Selectmen Josephine Cooper, Glenn Crawford, Thomas Spruce, Planning Board Chair Perry Fowler and Planning Board Secretary Michael Garrett.

Article 1: To choose a moderator to preside over said meeting.

Mr. Marckoon opened the floor to nominations. The only name placed in nomination for moderator was Stuart Marckoon. A written ballot was collected by the clerks, and Mr. Marckoon was elected moderator 47 to 1. Mr. Marckoon then took the oath of office from clerk Kovacs. Mr. Marckoon said he would not entertain negative motions, and that ordinance articles cannot be amended.

Article 2: Shall an ordinance entitled November 2003 Amendments to the Town of Lamoine Building & Land Use Ordinance be enacted? (A copy of this ordinance is available for review at the Lamoine Town Clerk’s Office)

It was moved and 2^nd to pass the article as stated. Terry Towne read an except from state law (MRSA 30-A 4352) and asked if the town had performed the required notification in regard to zoning changes. Planning Board Chair Fowler and the moderator replied that the town meeting notices had been posted in accordance with law, but that newspaper advertisements and individual mailings had not. Mr. Towne cautioned that passage of the amendments to the ordinance could be declared invalid should they be challenged.

There were questions about the amendment in regard to fire resistant walls, noise provisions, and the definition of nuisance.

It was moved and seconded to move the question. The motion passed with the required 2/3^rd majority.

The hand vote on the motion failed by a clear majority. The moderator declared the article defeated.

Article 3: Shall an ordinance entitled November 2003 Lamoine Floodplain Management Ordinance be enacted, repealing and replacing the Lamoine Floodplain Management Ordinance that was enacted May 4, 1991? (A copy of this ordinance is available for review at the Lamoine Town Clerk’s Office).

It was moved and 2^nd to pass the article as written. Planning Board Secretary Garrett explained the need to update the article, and that it is the state model. A hand vote was a clear majority to pass the motion. The moderator declared the article passed.

Article 4: Shall the following amendment to the Lamoine Harbor Ordinance be enacted?: Section 4 add new section G “All permit applications for lobster cars shall submit to the Harbor Master proof that application to the Army Corps of Engineers for placement of said lobster car has been made”.

It was moved and 2^nd to pass the article as written. Harbor Master William Pinkham explained the need for the amendment was to bring the ordinance into compliance with federal law. A hand vote was a clear majority to pass the motion. The moderator declared the article passed.

Article 5: Shall the Town of Lamoine authorize its Board of Selectmen to dispose of the former Nathan & Marti Anderson property (Map 1 Lot 57) on such terms as the Selectmen determine are most favorable to the town?

It was moved and 2^nd to pass the article as written. Discussion involved the potential uses of the property. It was moved and 2^nd to amend the article to include the words “subject to final town meeting approval” to the end of the article. The motion to amend passed on a clear hand vote. The motion as amended then passed on a clear hand vote. The moderator declared the motion as amended as approved.

There being no further business, the moderator declared the meeting adjourned at 8:30 PM

Respectfully submitted,

Jennifer Kovacs, Assistant Town Clerk