Minutes of the Lamoine Town Meeting

Town Clerk Hubene Brodie called the meeting to order at 9:55 AM at the Lamoine Town Hall on Tuesday, March 4, 2003.

  1. To choose a moderator to preside over said meeting. Stuart Marckoon nominated Fred Ehrlenbach as moderator.  It was 2nd.  There were no other nominations.  The ballot clerks distributed paper and written votes indicated that Mr. Ehrlenbach was unanimously elected.  He was administered the oath of office by Mrs. Brodie.

Mr. Ehrlenbach then appointed Stuart Marckoon as Deputy Moderator.  Mr. Marckoon was then sworn in.  At 10:00 AM, Mr. Ehrlenbach declared the polls open. He declared the polls closed at 8:00 PM.

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

A.        Selectman & Overseer of the Poor (1 position, term to end town meeting 2006) The following vote tallies were recorded:  S. Josephine Cooper 195, William D. Pinkham 176.  S. Josephine Cooper was declared the winner.

B.        School Committee Members (2 positions, to end town meeting 2006.) The following vote tallies were recorded:  Tammy Dickey, 271 votes, Francis Murray 173 votes, others 2 votes.  Tammy Dickey and Francis Murray were declared the winners.

C.       Assessor (1 position, term to begin July 1, 2003 and end June 30, 2006) The following vote tallies were recorded:  Colene Sharkey 248 votes, others 5 votes.  Colene Sharkey was declared the winner.

  1. To vote by secret ballot referendum on the following question:  “Shall the Town of Lamoine adopt the proposed amendments to the Building and Land Use Ordinance”?  The following vote tally was recorded:  Yes 127, No 228.  The moderator declared the question defeated.

  1. To vote by secret ballot referendum on the following question: “Shall the Town of Lamoine adopt an ordinance entitled Floodplain Management Ordinance, repealing and replacing the same titled ordinance passed in May 1991?” The following vote tally was recorded: Yes 162, No 192.  The moderator declared the question defeated.

The meeting recessed until March 5, 2003 at 6:00 PM

 Open Town Meeting, Wednesday, March 5, 2003

            Moderator Ehrlenbach resumed the meeting at 6:00 PM.  Approximately 118 voters and 25 non-residents were in attendance.  He announced the results of the voting from the previous day.

5.      To see if the Town will vote to set October 31, 2003 as the date when all personal property and real estate taxes for the Fiscal Year July 1, 2003 to June 30, 2004 are due and payable, and to see if the town will vote to fix a rate of interest of 7.00% to be charged on taxes unpaid after November 1, 2003 and to see if the town will vote to fix the rate of interest for tax overpayment at 3.00% annually.  Stuart Marckoon moved to allow non-residents to speak when they represent an organization specifically affected by an article.  It was 2nd, and the meeting voted in favor of the motion. It was moved and 2nd to pass the article as written, and a vote was in favor.

  1. 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 pass the article as written.  A vote in favor passed the motion.

  1. 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 pass the article as written.  A vote in favor passed the motion.

  1. 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 pass the article as written.  Jerry Jordan asked how much money is involved.  Stu Marckoon answered about $350.  The motion passed on a hand vote.

  1. To see if the town will vote to authorize the tax collector or treasurer to accept pre-payments of 2003/2004 taxes not yet committed pursuant to 36 M.R.S.A. § 506. It was moved and 2nd to pass the article as written.  The motion passed on a hand vote.

  1. 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, 2003. It was moved and 2nd to pass the article as written.  The motion passed on a hand vote.

  1. To see if the town will vote to appropriate from unexpended fund balance $4,600 to be combined with $5,000 from the Town Hall Repair Fund to complete renovations to the front entrance and siding at the Lamoine Town Hall during fiscal year 2003. (The Budget Committee and Selectmen recommend passage).  It was moved and 2nd to pass the article as written.  The motion passed on a hand vote.

  1. To see if the town will vote to accept the recommendation of the Public Works Study Committee and authorize the Board of Selectmen to identify an appropriate plot of land for future municipal and/or educational needs, and to appropriate $3,000 from the Salt/Sand Shed fund for such purposes.  Should this article pass, it is understood that the Selectmen shall call for a town meeting vote by referendum before any land purchase and financing plan.  This article does NOT commit the town in any way toward establishing a public works department. (The Budget Committee & Selectmen recommend passage) It was moved and 2nd to pass the article as written.  Ken Smith, chairman of the public works study committee, presented a report on the finding and recommendations by the committee. He said the committee was formed because of the recent increase in the snow-plowing contract.  He said private contractors no provide the public works needs of the town except for the transfer station and the road commissioner.  He said several alternatives were discussed, and to form our own public works department would cost approximately $986,000.  He said the committee did not recommend formation of a public works department at this time, but that could change, depending on increasing the cost of private contractors. Mr. Smith displayed a map of possible areas to purchase land.  He said a piece of land should be large enough, centrally located, and not over the aquifer.  He said the uses could include a public works facility, fire station, or even a school building. He said the land could be re-sold if we decide not to use it.  The motion passed on a hand vote.

  1. To see if the town will vote to accept a recommendation from the Board of Selectmen for use or disposal of buildings on the former Nathan and Marti Anderson property.  It was moved and 2nd to pass the article as written.  Stu Marckoon read the proposal as follows:

In December, 2002, the Town of Lamoine completed purchase of Map 1 Lot 57 from Nathan and Marti Anderson.  Their residential well was contaminated by leachate from the former town landfill.  The Maine Department of Environmental Protection participated in the purchase.

The property consists of 1.9 acres of land with a modular home, a garage, a storage shed and a wood shed on the land. The well cannot be used for drinking water, but can be used for non-consumption such as toilet flushing. 

The Selectmen propose that the residence and possibly the garage be put up for sale by bid, with the right to accept or reject any and all bids.  The winning bidder will be responsible for moving the home, and if the bidder wishes, the garage, off site.  A 20% price preference would be given to a bidder who wishes to place the home elsewhere in Lamoine.  The winning bidder would assume ALL costs of moving the building off-site, and the purchase price would reimburse the Town of Lamoine’s dump closing account used for its water-monitoring program.

If the successful bidder does not wish to purchase and move the garage, it would remain on site for a possible town storage area for town materials such as street signs and road commissioner tools.

The Selectmen further propose that the storage shed become property of the school department, and the school be allowed to move the shed from its present location to the school grounds.

The motion passed on a hand vote.

14.        To see if the town wishes to change the name of a private road from “Pasture Way” to “Blackberry Lane”, said road being located off Needles Eye Road and serving the Saltwater Farm Subdivision. It was moved and 2nd to pass the motion as written.  Stu Marckoon read a letter from Steve Joy who urged the town meeting to keep the road name the same.  Beth Levesque said she was the only resident on the road when it was built, and was not properly notified when the road name was set by the Selectmen, and she suggested the name change.  A hand vote on the motion failed, the road name will remain Pasture Way. 

15.     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 $812,453.67). It was moved and 2nd to pass the article at $812,453.67.  A hand vote approved the motion.

16.  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 $1,205,896.05). It was moved and 2nd to approve $1,205,896.05.  A hand vote approved the motion.

17.  To see what sum the Town will authorize the School Committee to expend for school department capital improvement costs.  (The School Committee and Budget Committee recommend $2,000.00). It was moved and 2nd to approve $2,000.  A hand vote approved the motion.

18.  To see what sum the Town will appropriate from the foundation allocation for school purposes and to see what sum the Town will raise as the local share of the foundation allocation. (The School Committee and Budget Committee recommend a total of  $1,545,969.86 with a local share of $1,117,879.42 and state subsidy of $428,090.44). It was moved and 2nd to appropriate a total of $1,476,981.93, with $1,048,496.30 raised locally and $428,493.63 from the state.  School Union 92 business manager David Bridgham explained the figures were from the governor’s funding plan given to the Legislature, and represented an increase of $406 to the town more than the original figures.  Vote in favor was 82-to-0.

19.  To see what sum the Town will appropriate from the debt service allocation for school purposes and to see what sum the Town will raise as the local share of debt service allocation. (The School Committee and Budget Committee recommend a total of  $32,610.95 with a local share of $26,442.91 and state subsidy of $6,168.04).  It was moved and 2nd to appropriate a total of $30,441.70 with a local share of $25,537.54 and state subsidy of $4,904.16. Vote in favor was 91-to-0.

20.  To see what sum the Town will raise in additional local funds under the provision of MRSA 20A § 15614 (The School Committee and Budget Committee recommend  $291,377.73). It was moved and 2nd to raise $362,526.91.  Jerry Jordan noted that was about $70,000 more than the original recommendation. Stu Marckoon pointed out the previous two articles reduced the local amount raised by approximately the same amount, so it was a wash.  Vote in favor was 87-to-0.

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

22.  Total Budget – (This is a summary article:  The amount recommended should be the gross budget of the school system.  This article does not 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, 2003 and ending June 30, 2004 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 $2,020,349.72). It was moved and 2nd to approve $2,020,349.72.  The motion passed on a hand vote.

23.  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 2nd to raise and appropriate $1,000.  The motion passed on a hand vote.

24.  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, 2 positions)

$1,000.00

Assessor (Chair)

$1,250.00

Assessor (non-chair, 2 positions)

$950.00

           

(The Budget Committee and Selectmen recommend $113,582.68 with the salary recommendations listed above.)  It was moved and 2nd to raise & appropriate $113,582.68 and approve the recommended salaries above.  The motion passed on a hand vote.

25.  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 $11,995.00.) It was moved and 2nd to raise and appropriate $11,995.00.  The motion passed on a hand vote.

26.  To see what sum the Town will vote to raise and appropriate for Planning. (The Planning Board recommends $1,500. The Budget Committee recommends $1,075.00.) It was moved and 2nd to raise and appropriate $1,075.  Faith Perkins asked about the difference between the Planning Board and Budget Committee recommendations.  Stu Marckoon explained that it came about in the budget cutting process.  Mike Garrett, the Secretary of the Planning Board urged voters to set a figure, and the board would try to live within its means.  The motion passed on a hand vote.

27.  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

Amount

Requested

Amount

Recommended

Community Health & Counseling

$600.00

$540.00

Washington/Hancock Community Agency

$600.00

$540.00

Yesterday’s Children

$100.00

$90.00

Loaves & Fishes Food Pantry

$600.00

$0.00

WIC Clinic

$600.00

$540.00

Eastern Area Agency on Aging

$250.00

$225.00

American Red Cross – Eastern Maine

$600.00

$540.00

Maine Coast Memorial Hospital

$600.00

$540.00

Hospice of Hancock County

$150.00

$135.00

Total

$4,100.00

$3,150.00

(The Selectmen make no recommendations.  The Budget Committee recommends $3,150.00 as outlined above).  It was moved and 2nd to raise and appropriate $3,150.00.  Mildred Jordan asked why Loaves and Fishes had a $0.00 recommendation.  She said the organization served 73 families from Lamoine in 2002, or a total of 268 people.  She said it ought to receive $600.00.  Stu Marckoon reported the application was not complete, and no one came to represent the organization at the Budget Committee meeting.  Donna Theall suggested that people increase personal contributions to cover the lesser amounts from the town government. Jerry Jordan moved to amend the article to raise $3,750, including $600.00 for Loaves and Fishes.  It was 2nd.  Mike Garrett said the town meeting should follow proper procedure.  Selectman Glenn Crawford said the rules were followed by the Budget Committee.  Fred Stocking said Loaves and Fishes has consistently served the town and recommended passage.  Mrs. Jordan said the incomplete application would not happen again.  The vote on the amendment failed on a hand vote.  It was moved and 2nd to increase the amount raised and appropriated by $540, and that amount designated for Loaves and Fishes.  The vote on that motion passed on a hand vote.  Carol Korty moved to amend the amount raised and appropriated to $4,100 and it was 2nd, and that the amount be as listed in the requested column above.  Carol Smith noted that Maine Coast Memorial Hospital had requested $1,895.00 or $1.25 per person, but was limited by the ordinance to $600.  Vote in favor of the amendment was 48 to 37, the amendment passed.  Vote in favor of the motion as amended passed on a hand vote, raising and appropriating $4,100.

28.  To see what sum the Town will vote to raise & appropriate for Parks & Recreation. (The Selectmen and Budget Committee recommend $5,000).  It was moved and 2nd to raise and appropriate $5,000.  The motion passed on a hand vote.

29.  To see what sum the Town will vote to raise & appropriate for library services. (The Selectmen and Budget Committee recommend $3,500.00). It was moved and 2nd to raise and appropriate $3,500.00.  Carol Korty asked if this was the school library or Ellsworth Public Library.  Stu Marckoon answered it’s for the Ellsworth Library.  He said it was not the amount the library requested.  Carroll Austin of the Ellsworth Public Library Trustees said they had requested $7,065 for the coming year based on the amount of cardholders from Lamoine.   The motion passed on a hand vote.

30.  To see what sum the Town will vote to raise and appropriate for Public Safety Expenditures. (The Selectmen and Budget Committee recommend $42,963.89) It was moved and 2nd to raise and appropriate $42,963.89.  Jerry Jordan noted the fire department portion of the budget did not increase.  The motion passed on a hand vote.

31.  To see what sum the Town will vote to raise and appropriate for the Fire Truck Reserve. (The Selectmen, Fire Chief and Budget Committee recommend  $10,000.00).  It was moved and 2nd to raise and appropriate $10,000.  The motion passed on a hand vote.

32.  To see what sum the Town will vote to raise and appropriate for the purpose of completing payment for installing an air handling system and painting for the interior of the Lamoine Fire Department (The Selectmen and Budget Committee recommend $19,250.) It was moved and 2nd to raise and appropriate $19,250.  Will Boddy asked why there are two separate articles separate from the fire department.  Stu Marckoon replied that these are separate fund balances used for specific projects and outside the operating budget of the fire department.  Fire Chief George Smith said this article is for the 2nd half of the project approved last year.  Stu Marckoon said the project was fully installed with the fire department loaning the funds to complete the air handling system.  The motion passed on a hand vote.

33.  To see what sum the Town will vote to raise and appropriate for Road Maintenance. (The Selectmen and Budget Committee recommend $137,300). It was moved and 2nd to raise and appropriate $137,300.00.  The motion passed on a hand vote.

 

34.  To see what sum the Town will vote to raise and appropriate for major road projects including repavement of a portion of Buttermilk Road and a cooperative project with the Maine Department of Transportation to make improvements to the intersection of Routes 184 and 204. (The Selectmen and Budget Committee recommend $43,100.) It was moved and 2nd to raise and appropriate $43,100.00.   Carol Korty asked about the state road project.  Stu Marckoon replied that the town entered an agreement to participate with the state to improve the visibility at the intersection by the town hall by cutting down a hill.  He said the state would contribute $16,000 to the cost, or more depending on the bid.   The motion passed on a hand vote.

35.  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 $75,585.00).  It was moved and 2nd to raise and appropriate $75,585.00.  Jerry Jordan asked how much money the town receives from recycling.  Stu Marckoon reported it was very little and depends on the prevailing price of the commodities.  He said the largest amount has been about $85.00 a month. The motion passed on a hand vote.

36.  To see what sum the Town will vote to raise and appropriate for performance of a Revaluation. (The Selectmen and Budget Committee recommend $18,000) It was moved and 2nd to raise and appropriate $18,000.  Jennifer Corrigan asked how this article differs from article 37.  Stu Marckoon explained the next article is the revenue used to offset property taxes, and there is a revaluation fund that has enough to fund this entire project, so it’s a wash.  The motion passed on a hand vote.

37.  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

Amount

Fund Total

General Fund

330,132

Automobile Excise Taxes

$217,500

Agent Fees

$4,750

Interest on Real Estate Taxes

$6,000

Interest on Investments

$17,500

Use of Surplus

$10,000

Watercraft Excise Taxes

$3,000

Tax Lien Charges

$1,800

Administration Fees

$1,000

General Assistance Reimbursement

$1,000

Portable Classroom Rental

$28,416

Gravel Sales

$39,166

Road Fund

$29,338

Local Road Assistance

$27,338

Use of Road Fund

$2,000

Code Enforcement Fund

$14,000

Local Plumbing Fees

$2,500

Code Enforcement Fund Transfer

$6,000

Code Enforcement Fees

$5,500

Animal Control Fund

Local Animal Control Fees

$650

Dump Closing Fund

Dump Closing Fund

$1,000

Revaluation Reserve Fund

Revaluation Reserve Fund

$18,000

Total Offsets to Local Property Tax

$392,530

            *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 the article as written above.  The motion passed on a hand vote.

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

Fund Balance

Account

Balance as of

12/31/2002

Code Enforcement Fund

$25,315.12

Dump Closing Fund

$9,335.78

Fire Truck Reserve Fund

$15,731.13

Salt/Sand Shed Reserve Fund

$45,821.37

Road Assistance Fund

$88,482.00

Education Capital Fund

$2,360.33

Animal Control Fund

$990.41

Revaluation Reserve Fund

$24,762.93

Insurance Deductible Fund

$4,008.86

Harbor Fund

$4,502.99

Portable Classroom Maintenance

Fund

$2,223.78