council minutes of july 10, 2014 · 2014. 7. 5. · council minutes of july 10, 2014 3 taken out of...

COUNCIL MINUTES OF JULY 10, 2014

1

COUNCIL PRESENT: Fred Banks, Mark Robichaud, Denise Dinsmore, Ron

Apel, Michele Stone, Sharon Grant, Michael Blake

STAFF PRESENT: Shelley Watson, Kim Hughes, Marilyn Curtis, Mike Gudroe,

Susan Page, Mike Delaware, Anita Colomy, Kevin Wintle

The Invocation was let by Pastor Lois Field followed by the Pledge of Allegiance.

I. PUBLIC HEARING

1. Ordinance C2014-10 Moratorium Extension

Carol Sherburne introduced student, Seth Hocking. He wrote an essay about the

possible impact of a corridor being built in Maine and stood before the Council and

residents to read his essay.

Lisa McKusick spoke in favor of extending the Moratorium.

Bob Fritsch spoke in favor of extending the Moratorium.

Linda Tisdale spoke in favor of extending the Moratorium.

Kent Dellaire spoke in favor of extending the Moratorium.

Barbara Beal spoke in favor of extending the Moratorium.

Carol Sherburne spoke in favor of extending the Moratorium.

Donna Williams spoke in favor of extending the Moratorium.

Bill Lovejoy spoke against extending the Moratorium.

Mike Curtis spoke in favor of extending the Moratorium.

Tony Larson spoke in favor of extending the Moratorium.

Jill Jones spoke in favor of extending the Moratorium.

Frank Whelan spoke in favor of extending the Moratorium.

Fred Sherburne spoke in favor of extending the Moratorium.

Fifty signatures were gathered at the meeting stating they are not in favor of

allowing a corridor to be built and that they are in favor of extending the

Moratorium for an additional 180 days.

Councilor Denise Dinsmore thanked Seth Hocking for taking the time to come to

the meeting and read his essay. She also stated that she had a call from Deanna

Page who spoke in favor of extending the Moratorium.

Councilor Fred Banks stated that this is the third time the issue has been

addressed and no one knows any more today than they did two years ago. He also

stated that he has had many telephone calls from people who are against extending

the Moratorium.

Councilor Mike Blake stated that he is not for or against the corridor because

there is not enough information to make a decision.


2

Councilor Missy Stone stated that she had many calls against extending the

Moratorium and just because those residents are not at the meeting does not mean

that they do not have a say.

2. Application for Innkeeper’s License

NONE

3. Resolution B2014-2015-1 Municipal Budget

Shelley Watson stated that the Council worked hard on the budget and it is a

difficult budget year. The education budget increased by $100,000. The Town’s

increase for the budget is $73,000. Considering the loss of roads and other events

that have taken place, the Council did a pretty good job even with the decrease of

revenues. Unfortunately, there will be an increase in taxes.

Frank Whelan asked what Health and Welfare is in the budget. Ms. Watson

replied that it is general assistance for residents of Dexter.

Kent Dellaire asked why $300,000 was showing as undesignated funds. Ms.

Watson explained that it was taken out of last year’s budget and this year the Town

does not have the funds to do that. Last year $302,000 was taken out of

undesignated funds to help balance the budget and not raise taxes.

Steve Foster thanked everyone for all the hard work on the budget and expressed

concern about the increase in taxes and the affect it will have on people with fixed

incomes. He also expressed concern for the small amount of money put aside for

economic development and hoped the Town would continue to try to bring jobs to

Dexter. He also asked about airport revenue versus expense and if the taxes would

be going up the 15% that was written about in the newspaper. Anita Colomy,

Assessor, stated that the mil rate would be going up but she would not know how

much until she has run the batch calculations. Ron Apel explained that he is on the

airport committee. One of the things that has been done in the past several years is

the building of a fuel farm where aircraft can land and refuel. When fuel is

purchased for the airport, it is at 5,000 gallons per tank and at $6 to $8 per gallon.

The fuel has to be paid for up front and then as the fuel is sold the money comes

back to the airport budget. There are no landing fees charged for landing in

Dexter. There are two new tenants for hangars. When there is a government

contract, the money has to be spent as dictated. This year there are no projects

earmarked.

Mike Blake added that two years ago when the Abbott Hill property was sold for

$200,000 a mistake was made. The previous administration drove the money into

the budget in order to bring the mil rate down. That was a false tax savings. If the

money had been put into something else, there would not have been $300,000


3

taken out of the general fund and taxes would have increased by smaller

increments.

Steve Foster asked if a mil rate of 18.2 would cover the budget. Mike Blake

responded by saying it would probably cover the budget but that we really do not

have a budget we can live with. If the money that should go into the roads were to

be put into the budget, the mil rate would probably be over 20.

Missy Stone stated that this is her third budget and the hardest one. The $200,000

that Mike Blake mentioned that was built into the budget in the past was used to

pay off debts. Every department was very understanding and did not come to the

Council asking for any extras. Hopefully next year the budget will smooth out.

Sharon Grant stated that this was her first year on the budget and she was

surprised at what the Council had to go through. No department asked for

anything they did not need. She further stated that everyone who is attending the

meeting and concerned with the East/West highway should also be concerned with

the school budget and she would like to see them attend those meetings. Ms. Grant

also stated that she proposed to the School Board that at least some of the Council

be present at the budget meetings to work with the school on the budget. The

Council used to go to the meetings in the past and that should begin again.

II. MINUTES

1. Minutes of June 12, 2014

Motion: Missy Stone made a motion to approve the minutes from June 12, 2014

Second: Denise Dinsmore

Vote: Unanimous in favor, motion passes

III. NOMINATIONS, APPOINTMENTS, & ELECTIONS

1. Order A2014-35 Vote for Maine Municipal Association’s Legislative Policy

Committee

BE IT ORDERED, that the Dexter Town Council hereby votes for Matthew

Pineo, Manager, Town of Brownville and (NO ADDITIONAL NAME) to serve on

the Maine Municipal Association’s Legislative Policy Committee for the term

of July 1, 2014 to June 30, 2016.

Filed July 10, 2014

MICHAEL BLAKE

Second: Missy Stone



4

IV. UNFINISHED BUSINESS

1. Manager’s Report

Shelley Watson, Town Manager, thanked everyone for coming and stated that she

did not have much to add to the report. She pointed out a letter she had received

from a young man who would like to build a skateboard park. The skateboarders

would like permission to do some fund raisers to build the park. Ms. Watson did

some research and found that items could range anywhere from $1800 to $7500

and up. She agrees that a park could be a good thing and would be less dangerous

by getting the kids off the sidewalks and out of the parking lots.

Ms. Watson welcomed Kevin Ronco to his new position in facilities and further

stated that he comes to Dexter with a great deal of maintenance experience.

2. Ordinance C2014-10 Moratorium Extension

BE IT ORDAINED, that the Dexter Town Council extends the Moratorium

Ordinance C2013-5, pursuant to the construction of private corridors including

paved highways, pipelines and high tension transmission lines, is adopted for an

additional 180 days.

WHEREAS, 30-A MRSA 4356 S2 states that the moratorium may be extended for

additional 180-day periods if the municipality adopting the moratorium finds the

following:

(A) The problem giving rise to the need for the moratorium still exists.

(The Town of Dexter is still facing this potential development for which there has

been a total lack of information regarding the route of the corridor; the various uses

of the corridor; the impact on the environment; and the benefits, or lack thereof, to

the community. The Town needs more time to ascertain these facts and protect its

land and citizens.)

And:

(B) Reasonable progress is being made to alleviate the problem giving rise to the

need for the moratorium.

(A Concerned Citizen’s Group has been meeting regularly for 18 months working

on a permanent solution to protect the Town from the potential harm of the

proposed corridor. This group of over 20 Dexter voters is working on an ordinance

to be placed on the November ballot for public vote. The Town’s Comprehensive

Plan has not been sufficiently updated to provide for these unforeseen possibilities;

while some progress has been made through the Planning Board on zoning issues,

these changes do not directly protect the Town from the corridor. In addition, a

Charter Commission is in the process of updating the Dexter Town Charter.)


5

Filed July 10, 2014

SHARON GRANT

Second: Ron Apel


3. Order 2014-36 Innkeeper’s License for David Palmer

BE IT ORDERED, that the Dexter Town Council hereby approves the

Innkeeper’s License for David Palmer dba Taylor Edes Inn at 20 High Street.

Filed July 10, 2014

MICHELE STONE

Second: Mike Blake


4. Resolution B2014-2015-1 Municipal Budget

BE IT RESOLVED, WHEREAS the sum of $4,160,736 which sum constitutes

the estimated requirements of the Town of Dexter for the year 2014-2015 based

upon the budget submitted by the Town Manager as provided by the Town Charter

be raised by assessments upon the estates of the Inhabitants of the Town of Dexter,

and upon the estates of the non-residents proprietors within the Town, for the

present municipal year, and the sum is hereby appropriated in addition to the sum

otherwise provided. The amount for each purpose being specified in the schedule

is as follows:

CLASSIFICATION APPROPRIATION REVENUES

General Government $ 789,097

Public Works $ 452,740

Airport $ 44,070

Public Safety $ 491,461

Health & Welfare $ 86,967

Solid Waste Mgt/Lakes & Dam $ 231,987

Culture & Recreation $ 198,927

Facilities & Parks $ 423,691

Cemetery $ 87,794

Economic Development $ 1,000

Debt Service $ 5,000


6

Contributions to Reserve Accts $ 215,300

County Tax $ 271,723

Education $1,968,570

Subtotal $5,268,327

Increase from 2013-2014 ------------------ $ 173,761 General Government Revenue $ 54,970

Cemetery Revenue $ 17,900

Culture & Recreation Revenue $ 34,430

Excise Tax Revenue $ 475,500

Facilities & Parks Revenue $ 13,600

Health & Welfare Revenue $ 24,950

Public Safety Revenue $ 13,150

Public Works Revenue $ 62,500

MMSWA Revenue $ 750

Airport Revenue $ 32,300

Economic Development $ 0

Undesignated Revenue $ 314,350

Transfers $ 15,000

Capital Projects Revenue $ 48,191

Subtotal $1,107,591

Decrease from 2013-2014 ------------------- ($ 381,044)

NET BUDGET ---------------------------------------- $4,160,736

NET INCREASE FROM 2013-2014 -------------------- $554,775

Filed July 10, 2014

RON APEL




7

V. NEW BUSINESS

1. Resolution B2014-2015-2 Due Date and Interest Rate

BE IT RESOLVED, that the 2014-2015 property taxes shall be due and payable

on or before October 17, 2014; and furthermore that the interest rate for the

outstanding balance paid after that date shall be at the rate of 7% per annum.

Filed July 10, 2014

DENISE DINSMORE

Second: Missy Stone


2. Resolution B2014-2015-3 Mil Rate

BE IT RESOLVED, WHEREAS; the sum of $4,160,736 is required to be raised

through taxation to support municipal operations, as well as the Town’s

contribution to School Administrative District #46 and payment to Penobscot

County for the period of July 1, 2014 to June 30, 2015, that a mil rate not to exceed

18.2 mils be hereby adopted for the 2014-2015 tax year.

Filed July 10, 2014

MARK ROBICHAUD

Second: Missy Stone


3. Proposed Ordinance – Public Assemblies Ordinance WHEREAS, it appears necessary for the protection, health, and welfare of the inhabitants of the Town of Dexter and the general public in regard to certain entertainments, amusements, and assemblies, that certain rules and regulations be established, and WHEREAS, there is danger to the people attending or taking part in the gatherings if proper sanitary, police, and other health and safety measures are not adequately provided for, NOW THEREFORE BE IT RESOLVED: SECTION 1 SCOPE No person, corporation, organization, or other entity, landowner, or lessee shall exhibit, sponsor, hold, promote, or operate any pageant, amusement show, live or recorded musical entertainment, theatrical performance, or other public assemblage, where in excess of 250 people are reasonably anticipated to attend and where a substantial portion of the exhibitors, sponsors, promoters, operators, attendees will be out of doors on a single piece of property without procuring a license therefore from the Code Enforcement Officer (hereafter CEO).


8

Activities sponsored by the Town of Dexter or by MSAD #46 are expressly excluded from the Section of the Ordinance. SECTION 2 LICENSES Written application for amusement, entertainment, or assembly permits shall be made to the CEO and said application must be submitted ninety (90) days prior to the first day upon which such amusement, entertainment, or assembly is to be or may be held. The CEO shall grant or deny said application within 30 days of a completed application. In addition, a notice shall be placed in the local newspaper 90, 60, and 30 days prior to such mass gathering. Abutters within 1,000 feet of the property lines shall receive written notice by certified mail. Permits shall be granted provided the following conditions of Section 5 are met by the applicant. Denial of the permit by the CEO shall be in writing stating the reasons for the denial and shall be subject to appeal to the Board of Appeals. Decisions of the Board of Appeals may be appealed to the Maine Superior Court in accordance with State laws. SECTION 3 LICENSE FEES There shall be paid at the time of processing the application for an Assembly License a fee according to the following schedule: Attendees License Fee 1,000 or less $ 500.00 1,001 to 1,500 $ 750.00 1,501 or more $1,000.00 Provided, however, the Town Council, in its sole and uncontrolled discretion, may waive the license fee in isolated instances. SECTION 4 CONTENTS OF APPLICATION FOR LICENSE No license shall be granted by the CEO unless the applicant satisfied the CEO that proper facilities will be available for the proposed event in the area to be used and that adequate precautions have been taken to ensure the public health and safety of attendees and the general public. The application must include a description of the proposed event and a statement of the number of persons expected to attend the event. Any person required by the provisions of Section 7.1 of the Dexter Town Code to obtain a license from the Town to engage in the operation, conduct, or carrying on of any trade, profession, business, or privilege, or a permit to commence, proceed, or continue to perform any act, shall make a written application therefore to the Town Clerk upon forms provided by the Town Clerk and shall state facts as may be required. Applications shall be accompanied by the required fee, which will be returned if the license or permit is not issued.


9

SECTION 5 STANDARDS FOR ISSUANCE The CEO shall issue a license to the applicant in the event the CEO determines that the applicant has the ability to comply with and complies with the following standards, considering the size, duration, and nature of this proposed event: A. Sanitary Facilities No such license for an entertainment, amusement, or assembly shall be granted by the CEO unless the application is accompanied by the written approval of the Health Officer, Chief of Police, and Fire Chief. 1. Water Supply a. Every location for which a license must be obtained have an adequate supply of potable water which is of a sanitary quality approved by the Health Officer. 2. Toilets and Washing Facilities a. Every location for which a license must be obtained hereunder shall be provided with a sufficient number of toilets, urinals, and hand washing facilities conveniently located. i. All toilets must be approved by the Health Officer and Plumbing Inspector. 3. Food Preparation and Food Service Facilities a. Should the applicant for a license hereunder provide or have to believe that there will be provided any type of public food services for the event for which the license is required, then the applicant shall submit with the application the approval of the Health Officer and the State Department of Health and Welfare for the facilities so Provided along with a victualer’s license as required by the Town of Dexter Codes. B. Fire Protection No license shall be granted hereunder unless the applicant has shown that the Fire Chief has approved fire protection devices, and emergency accessibility available at, in, or near any building, tent, stadium, or enclosure wherein or whereupon any persons may be expected to congregate at any time during the course of such entertainment, amusement, or assembly for which a license is hereunder required. C. Police and Traffic Provisions No license shall be granted hereunder unless it is shown by the applicant that adequate traffic control and crowd protection policing have been contracted for or otherwise provided by the applicant and approved by the Chief of Police. Contracted traffic control and crowd protection service costs shall be paid in advance by the applicant.


10

D. Parking Provision Application for a license under Ordinance shall be accompanied by a showing that adequate parking facilities have been made available to the location for which the license is requested and approved by the Chief of Police. E. Inspection No license shall be granted hereunder unless the applicant shall in writing upon the application for such a license, consent to allow the law enforcement and public health and fire control officers of the Town of Dexter to come upon the premises for which the license has been granted for the purpose of inspection and enforcement of the terms and conditions under which the license is granted. F. Hours No entertainment, amusement, or assembly coming within the provisions of Section 1 shall be conducted within the municipality between the hours of 1:00AM and 7:00AM. There may be overnight assemblage, but all activities must end by 1:00AM and may not recommence before 7:00AM. G. The Town Council, in its sole and uncontrolled discretion may waive the requirement in isolated instances. SECTION 6 LIABILITY INSURANCE The sponsors of any said entertainment, amusement, or assembly shall be required to furnish evidence of a liability insurance policy providing for $300,000 bodily injury coverage per person, $1,000,000 bodily injury coverage per occurrence, and $100,000 property damage naming the Town of Dexter as an additional insured. SECTION 7 PRIVATE LANDOWNER AUTHORITY In the event that private property is to be used in connection with such event, the applicant shall file with the CEO adequate proof in writing that the applicant has authority from any landowner upon which is to be held to use his property. SECTION 8 ADDITIONAL INFORMATION The applicant, if called upon to do so by the CEO, shall furnish a plan showing the size of the area to be used with designated locations for drinking water, toilet and washing facilities, waste containers, first aid facilities, food disposing facility(s) and available parking (DHHS – Provisions. The following shall be included with the application for permit: a. An outline map of the area to be used showing the location of all proposed toilets to be used, lavatory and bathing facilities, water supply sources, areas of assemblage, camping areas, food service areas, ingress and egress of pedestrian and vehicular traffic, egress roads, refuse disposal and collection facilities. b. Size of area to be used must be indicated on the outline map. c. An anticipated attendance figure and dates and hours which mass gathering will be held.


11

d. Provisions for preventing people in excess of maximum permissible number from gaining access to mass gathering area.) SECTION 9 DUTIES OF LICENSEE A. The Licensee shall comply with all conditions of any license issued hereunder and with all applicable local, State, and Federal Laws and Ordinances. B. The Licensee or its designated agent shall make available to the CEO any license issued hereunder during the entire course of the event. SECTION 10 VIOLATION AND PENALTIES Any person or persons found guilty of violating this Ordinance or who fails to comply with any stated permit condition or restriction commits a civil offence. Upon conviction, guilty party or parties shall be punished pursuant to 30A M.R.S.A. § 4452. Monetary penalties may be assessed on a per-day basis, plus any and all costs of the Town of Dexter, including the Police and Fire Departments incurred by the Town to terminate the mass gathering, safely disperse those in attendance, and enforce this Ordinance. The CEO shall have the authority to revoke any license issued hereunder in consequence of a violation of any conditions of the license or any noncompliance with the standards for issuance of a license or this Ordinance. SECTION 11 SAVING CLAUSE If any Section or part thereof, sentence, clause, or phase of this Ordinance shall be held to be unconstitutional or invalid the remaining provisions thereof shall, never the less remain in full force and effect. SECTION 12 ENFORCEMENT The Chief of Police of the Town of Dexter, or his or her designee, shall be responsible for the enforcement of this Ordinance. SECTION 13 SUNSET PROVISION This Ordinance shall be in force for the term of four (4) years from its effective date noted below. This Ordinance shall become null and void upon the expiration of four (4) years from the said effective date; and unless recommended.

Missy Stone stated that she thought the Ordinance needed to be sent back to the

Planning Board.

Mike Blake stated that he founds parts of the Ordinance ridiculous.

Frank Whelan asked what the Police Department thought of the Ordinance.

Chief Kevin Wintle stated that at any given time the department is very busy. He

stated that the Ordinance could give the department more control but that he had

not read the Ordinance yet.


12

Dick Gilbert stated that the Planning Board started off working on the Ordinance

because of a large yearly gathering where there was a lot of noise and alcohol.

Ordinances were looked at from several other Towns with the intent of making an

Ordinance for Dexter. In the past, the Penobscot County Sheriff’s Department, the

Maine State Police, and the Dexter Police have all been on standby for the event.

He further stated that the Planning Board could certainly take another look at the

Ordinance.

Fred Banks stated that he thought the Ordinance might be necessary but the

document was not quite there yet.

Shelley Watson stated that the Piscataquis Observer had already run an article in

the newspaper. She got a telephone call from a local business who threatened to

take all their business out of Town if the Ordinance was passed because they

would no longer hold any fund raisers or other events. It could also affect the

Kiwanis or any other organization. She also stated that she had other questions

concerning the Ordinance.

Unanimous recommendation to send back to the Planning Board

4. Sign/Approve Municipal Quit Claim Deeds

Motion: Missy Stone made a motion to approve the Municipal Quit Claim Deeds

for Troy Dyer and Eugene & Luanne Sciongay



5. Sign/Approve Cemetery Deeds

Motion: Ron Apel made a motion to approve the Cemetery Deeds for James &

Sandra Silverman, Robert Getchell, Jeffrey Getchell, and Sonja Anderson

Second: Missy Stone


VI. PUBLIC FORUM

Missy Stone mentioned the letter written by the young man who wanted to build a

skateboard park. It has been suggested that the park could be built at the ice skating

rink. She stated that she was asked to let the Council know that there may be an

Eagle Scout project in the works to refurbish the ice skating rink. Ms. Stone

continued by saying she thought it is a wonderful idea. Last year there was a great

crew who gave the Town good ice and the rink was used a lot more than in the past

years. She urged the residents to stop if they see work going on and give a hand as


13

the project is much needed and the Eagle Scouts have done some great projects in

the past.

Mike Curtis wanted to commend everyone for a job well done on the budget

stating that he knew it was a difficult one. He also commented that as a taxpayer

he was proud of the way the roads had been repaired and the expeditious manner in

which it had been done.

Dick Gilbert thanked Mike Delaware and the crew for the work they did on the

Owlsboro Road.

VIII. EXECUTIVE SESSION

None

Motion: Ron Apel made a motion to adjourn at 8:10PM


Vote: Unanimous

Respectfully Submitted,

Kim M. Hughes Town Clerk

council minutes of july 10, 2014 · 2014. 7. 5. · council minutes of july 10, 2014 3 taken out of...

Documents