Town Meeting (03-06-2017)
TOWN MEETING MINUTES - March 6, 2017
2017 TOWN WARRANT
State of Maine Penobscot, ss
To: Coreen Sylvester, a resident of the Town of Carmel, in the County of Penobscot.
Greetings:
In the name of the State of Maine, you are hereby required to notify and warn the inhabitants of the Town of Carmel, in said County and State, qualified by law to vote in Town affairs, to meet at the Town Office Fire Station, in said Town on Saturday, the 4th day of March, A.D. 2017, at ten o'clock in the forenoon, then and there to act upon Article l, and by written ballot on Article 2 as set out below, the polling hours therefore to be from ten o'clock in the forenoon until four o'clock in the afternoon;
And to notify and warn said inhabitants to meet at the Carmel Elementary School Gymnasium in said Town on Monday, the 6th day of March 2017 A.D., at seven o'clock in the evening, then and there to act on Articles 3 through 35 36 as set out below, to wit:
ARTICLE 1. To elect a moderator to preside at said meeting and to vote by written ballot.
A motion was made and seconded to nominate Paul MacDonald as moderator.
A motion was made and seconded to have nominations cease.
Three ballots were cast and Paul MacDonald was elected moderator by
unanimous vote.
ARTICLE 2. To elect by ballot all necessary officers for the ensuing year, to wit: two Selectmen for three years and one Director for SAD 23/RSU 87 for three years.
Two Selectman for three years:
John F. Luce 55
Suzan D. Rudnick 60
Assorted Write-ins 10
Moderator Paul MacDonald Declared John Luce and Suzan Rudnicki elected.
One RSU 87/SAD 23 Director for three years:
Nick D. Mamula 31
Paul K. Morgan 37
Moderator Paul MacDonald declared Paul Morgan elected.
A motion was made and seconded to give Senator Andre E. Cushing III the
privilege of the floor, as he is not a resident of Carmel. The motion was
carried by a voice vote.
ARTICLE 3. To Choose, by ballot, three (3) members of the Budget Committee for three years.
Motions were made and seconded to nominate Nancy Dysart, Barbara Baeslack and
Fred Kircheis as members of the Budget Committee. A motion was made and seconded
to have nominations cease. Moderator Paul MacDonald declared Nancy Dysart,
Barbara Baeslack and Fred Kircheis elected to the Budget Committee.
A motion was made and seconded to give Greg Lounder, Executive Director of Municipal Review Committee, the privilege of the floor, as he is not a resident of Carmel. The motion was carried by a voice vote.
A motion was made and seconded to take Articles 35 and 36 out of order. The motion was carried by a voice vote.
ARTICLE 35. To see if the Town of Carmel will vote:
(i) to authorize the Town to continue as a member of the Municipal Review Committee, Inc. ("MRC"), organized as a Maine nonprofit corporation and acting as a regional association pursuant to Title 13-B and Title 38 of the Maine Revised Statutes, as amended (and specifically Section 1304-B(5-A) of Title 38) for the purposes of managing and facilitating solid waste disposal;
(ii) to adopt, ratify and confirm the Restated Articles of Incorporation and the Restated Bylaws of the MRC in substantially the form on file with the Town Clerk at the Town Office;
(iii) to authorize the Town to execute and deliver a Municipal Joinder Agreement with the MRC in substantially the form on file with the Town Clerk at the Town Office (the "Municipal Joinder Agreement") pursuant to which the Town will become a Joining Member of the MRC (as defined therein) and deliver its municipal solid waste for disposal to a waste management facility being developed by Fiberight, LLC and/or its affiliates (collectively, "Fiberight") in Hampden, Maine, or other waste disposal facility.
(iv) to authorize the MRC to take certain actions on behalf of the Town as set forth in the Municipal Joinder Agreement; and.
(v) to authorize a majority of the Selectmen or their duly authorized designee or designees as a representative of the Town to execute and deliver the Municipal Joinder Agreement on behalf of the Town and to execute and deliver on behalf of the Town in conjunction therewith such other documents and to take such further actions as they may deem necessary or appropriate in order to affect the transactions contemplated by the Municipal Joinder Agreement.
Selectmen “Yes” Town Manager “Yes”
A motion was made and seconded to accept the article as read. The motion was carried by a show of hands.
Article 36. To see if the Town of Carmel will vote to authorize and direct the Board of Selectmen or its duly authorized designee or designees as a representative of the Town to:
- Exercise the “Put Option” described in the Sixth Amended and Restated Agreement of Limited Partnership of Penobscot Energy Recovery Company, Limited Partnership; and
- Execute and deliver on behalf of the Town such documents, and to take such further actions, as the Board of Selectmen or said designee(s) may deem necessary or appropriate in order to exercise the above-described Put Option and to assign the Town’s limited partnership interests to Penobscot Energy Recovery Company, Limited Partnership as contemplated thereby.
A motion was made and seconded to accept the article as read. The motion was carried by a show of hands.
ARTICLE 4. To see if the Town will vote to fix a date when taxes shall be due and payable, and to set a rate of interest to be paid after that date. Recommend 30 days from date of billing and 7.00% per year.
Selectmen "Yes" Bud. Comm. “Yes”
A motion was made and seconded to accept the article as read. The motion was carried by a show of hands.
ARTICLE 5. To see if the Town will vote to authorize the tax collector or treasurer to accept prepayments of taxes not yet committed, pursuant to MRSA§ 506.
Selectmen "Yes" Bud. Comm. “Yes”
A motion was made and seconded to accept the article as read. The motion was carried by a show of hands.
ARTICLE 6. To see if the Town will vote to authorize the Selectmen, on behalf of the Town, to sell and dispose of real estate acquired by the Town for nonpayment of taxes thereon, on such terms as they deem advisable and to execute quit-claim deeds for such property.
Selectmen "Yes" Bud. Comm. “Yes”
A motion was made and seconded to accept the article as read. The motion was carried by a show of hands.
ARTICLE 7. To see if the Town will vote to authorize the municipal officers to spend an amount not to exceed 3/12ths of the budgeted amount in each budget category of the 2017annual budget during the period from January l, 2018to the 2018annual town meeting.
Selectmen "Yes" Bud. Comm. “Yes”
A motion was made and seconded to accept the article as read. The motion was carried by a show of hands.
ARTICLE 8. To see if the Town will vote to authorize the Selectmen to enter into multi-year contracts of up to three years for such services as winter plowing and sanding, trash and recycling pickup, mowing and cemetery maintenance.
Selectmen "Yes" Bud. Comm. “Yes”
A motion was made and seconded to accept the article as read. A motion was made and seconded to amend the article to read '...to enter into multi-year contracts by competitive bid.' Town Manager Kevin Howell pointed out that we cannot amend a written article. The motion to accept the article as read was carried by a show of hands.
ARTICLE 9. To see if the Town will vote to have unexpended balances in the Town accounts at the end of the year lapse to surplus except for those which remain by law or are deemed necessary by the Board of Selectmen to carry forward.
Selectmen "Yes" Bud. Comm. “Yes”
A motion was made and seconded to accept the article as read. The motion was carried by a show of hands.
ARTICLE 10. To see if the Town of Carmel will vote to authorize the Selectmen or the Town Manager, acting in concurrence with said Selectmen, to apply for and/or accept and expend, on behalf of the Town, money from Federal, State and other governmental units or private sources which may be received from time to time in the form of grants or any other source, during the period of March 6th, 2017 until the next annual Town Meeting.
Selectmen "Yes" Bud. Comm. “Yes”
A motion was made and seconded to accept the article as read. The motion was carried by a show of hands.
ARTICLE 11. To see if the Town of Carmel will vote to appropriate the money received from the State reimbursement for snowmobiles to the Carmel Snowmobile Club for the purpose of maintaining their snowmobile trails.
Selectmen "Yes" Bud. Comm. “Yes”
A motion was made and seconded to accept the article as read. The motion was carried by a show of hands.
ARTICLE 12. To see if the Town of Carmel will vote to raise $23,640.00 from taxation to subsidize the annual operational budget of the Simpson Memorial Library,
Selectmen “Yes” Bud. Comm. “Yes”
A motion was made and seconded to accept the article as read. The motion was carried by a show of hands.
ARTICLE 13. To see if the Town of Carmel will vote to authorize the use of revenue from Recreation Committee events to be expended to offset the costs of these and other recreational events and any revenue not expended at year’s end be carried in the same account.
Selectmen "Yes" Bud. Comm. “Yes”
A motion was made and seconded to accept the article as read. The motion was carried by a show of hands.
ARTICLE 14. To see if the Town will vote to raise $260,080.00 from taxation and transfer $81,000.00 from fee income and $7,000.00 from Ambulance Income for a total appropriation of$348,080.00 for the Administration Account.
Selectmen $260,080.00 Plus Transfers and Income
Bud. Comm. $260,080.00 Plus Transfers and Income
A motion was made and seconded to accept the article as read. The motion was carried by a show of hands.
ARTICLE 15. To see if the Town will vote to raise and appropriate the sum of $7,000.00 from taxation for the Contingency Account.
Selectmen $7,000.00 Bud. Comm. $7,000.00
A motion was made and seconded to accept the article as read. The motion was carried by a show of hands.
ARTICLE 16. To see if the Town will vote to raise $222,236.00 from taxation and transfer $29,000.00 from ambulance income for EMT/Fireman wages and $10,000.00 from Ambulance Income for ALS fees & Billing and $5,000.00 from Animal Control Reserve for a total appropriation of $266,236.00 for the Protection Accounts.
Selectmen. $222,536.00 / Plus Transfer and Income
Bud. Comm. $222,536.00 / Plus Transfer and Income
A motion was made and seconded to accept the article as read. The motion was carried by a show of hands.
ARTICLE 17. To see if the Town of Carmel will vote to authorize the use of past and present revenue from ambulance billing to pay for equipment, wages and training. Those accumulated funds can only be expended by mutual consent of both the Fire and Rescue Service and the Board of Selectmen.
Selectmen "Yes" Bud. Comm. “Yes”
A motion was made and seconded to accept the article as read. The motion was carried by a show of hands.
ARTICLE 18. To see if the Town will vote to raise the sum of $216,500.00 from taxation plus $20,000.00 from income, for a total appropriation of $236,500.00 for Health and Sanitation.
Selectmen $216,500.00 Plus Income
Bud. Comm. $216,500.00 Plus Income
A motion was made and seconded to accept the article as read. The motion was carried by a show of hands.
ARTICLE 19. To see if the Town will vote to raise $179,100.00 from taxation and transfer $500,000.00 from Excise Tax, plus $30,000.00 from DOT LRAP Funds for a total appropriation of $709,100.00 for Public Roads.
Selectmen $179,100.00 Plus Transfers
Bud. Comm. $179,100.00 Plus Transfers
A motion was made and seconded to accept the article as read. The motion was carried by a show of hands.
ARTICLE 20. To see if the Town will vote to raise and appropriate the sum of $5,900.00 from taxation plus income from reimbursements for General Assistance.
Selectmen $5,900.00 Plus Income
Bud. Comm. $5,900.00 Plus Income
A motion was made and seconded to accept the article as read. The motion was carried by a show of hands.
ARTICLE 21. To see if the Town will vote to raise and appropriate the sum of $39,600.00 from taxation for Community Activities.
Selectmen $39,600.00 Bud. Comm. $39,600.00
A motion was made and seconded to accept the article as read. The motion was carried by a show of hands.
ARTICLE 22. To see if the Town will vote to raise and appropriate the sum of $10,500.00 from taxation for Cemetery Contract.
Selectmen $10,500.00 Bud. Comm. $10,500.00
A motion was made and seconded to accept the article as read. The motion was carried by a show of hands.
ARTICLE 23. To see if the Town will vote to transfer $10,000.00 from the Cable TV Franchise Fees to the Cemetery Enhancement Account for work in Town cemeteries.(2016 income for Cable Franchise Fee’s is $12,645.00).
Selectmen $10,000.00 Bud. Comm. $10,000.00
A motion was made and seconded to accept the article as read. The motion was carried by a show of hands.
ARTICLE 24. To see if the Town will vote to transfer the sum of $25,000.00 from surplus for the Bridge Reserve Account.
(current balance in Bridge Reserve Account is $27,808.38)
Selectmen $10,000.00 $25,0900.00 Bud. Comm. $10,000.00 $25,000.00
A motion was made and seconded to accept the article as read. The motion was carried by a show of hands.
ARTICLE 25. To see if the Town will vote to transfer the sum of $20,000.00 from Surplus for the Equipment Reserve Account.
(current balance in Equipment Reserve Fund is $35,244.10)
Selectmen $20,000.00 Bud. Comm. $20,000.00
A motion was made and seconded to accept the article as read. The motion was carried by a show of hands.
ARTICLE 26. To see if the Town of Carmel will vote to transfer the sum of $42,000.00 from Surplus for the final payment on the 2014 Bridge Loan.
Selectmen $42,000.00 Bud. Comm. $42,000.00
A motion was made and seconded to accept the article as read. The motion was carried by a show of hands.
ARTICLE 27. To see if the Town of Carmel will vote to transfer the sum of $25,000.00 from Surplus to the Municipal Building Reserve Account for municipal building repairs and improvements, for which the Board has authority to spend those funds as it sees fit.
(current balance in Municipal Building Reserve account $10,653.23).
Selectmen $25,000.00 Bud. Comm. $25,000.00
A motion was made and seconded to accept the article as read. The motion was carried by a show of hands.
Representative Roger Reed addressed the assembly.
Senator Andre E. Cushing III addressed the assembly.
ARTICLE 28. Shall an Ordinance entitled “Prohibiting Retail Marijuana Establishments and Retail Marijuana Social Clubs in the Municipality of CARMEL, MAINE” be enacted?
Selectmen “Yes” Town Manager “Yes”
A motion was made and seconded to accept the article as read. The motion was carried by a show of hands.
ARTICLE 29: “Shall an ordinance entitled ‘Floodplain Management Ordinance’ be enacted?
Selectmen “Yes” Planning Board “Yes”
A motion was made and seconded to accept the article as read. The motion was carried by a show of hands.
ARTICLE 30. “Shall a resolution entitled ‘Resolution for Applying for Flood Insurance’ be adopted?”
Selectmen “Yes” Planning Board “yes”
A motion was made and seconded to accept the article as read. The motion was carried by a show of hands.
ARTICLE 31. Shall the following amendment to the Town of Carmel Land Use Ordinance be enacted:
Under article VII subsection 6, to amend item “H” to say: “All new roadways shall be paved with a 19mm bituminous asphalt mix that will meet MDOT specifications at a thickness of 2 inches and 9.5mm MDOT specification surface applied at thickness of 1.5 inches for a total depth of 3.5 inches of pavement.
Selectmen “Yes” Planning Board “Yes”
A motion was made and seconded to accept the article as read. The motion was carried by a show of hands.
ARTICLE 32. Shall the following amendment to the Town of Carmel Land Use Ordinance be enacted:
Under Article IX to amend the wording to reflect “Code Enforcement Officer” in place of “Inspector of Buildings” in addition to updating terminology used in subsection 5 under the same article.
Selectmen “Yes” Planning Board “Yes”
A motion was made and seconded to accept the article as read. The motion was carried by a show of hands.
Moderator Paul MacDonald stated Paul Carter was appointed as Deputy Moderator on
Saturday, and turned the remainder of Town Meeting over to Mr. Carter.
ARTICLE 33. Shall the following amendment to the Town of Carmel Land Use Ordinance be enacted:
Under Article VII (MINIMUM AREA AND SET BACK REGULATIONS) to replace the wording “two (2) acres in area and 200 feet along the front” with “One and one half acres and 150 feet of frontage along the road”
Selectmen “Yes Planning Board “Yes”
A motion was made and seconded to accept the article as read. A motion was made and seconded to vote by written ballot for this article. The motion was carried by a show of hands. Ballots were cast and it was a tie vote. A motion was made and seconded to re-vote. The motion did not carry. Article 33 did not carry.
ARTICLE 34. Shall the following amendment to the Town of Carmel Subdivision Regulations Ordinance be enacted :
Under subsection “F” (lots & density) replace the wording “Lot size shall be a minimum of two acres per residential unit.” with “no single-family dwelling shall occupy a lot measuring less than one and one half acres in area and 150 feet along the front”
Selectmen “Yes” Planning Board “Yes”
A motion was made and seconded to accept the article as read. The motion was defeated by a show of hands.
Meeting adjourned at 10:28 p.m.
Given unto my hand this 9th day of March, 2017 A.D.
ATTESTED: _______________________________________________
Kevin M. Howell
Town Clerk
(note: 53 registered voters at town meeting)