Limington Planning Board Minutes
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THURSDAY MARCH 09, 2000 AT 7:00 p.m.








These minutes were approved at the March 23, 2000 Planning Board meeting with no changes.



The meeting was called to order by Ralph Libby, III, Chairperson, at 7:15 P.M. on Thursday, March 09, 2000 at the Limington Municipal Building.

Regular members present: Ralph Libby, III, Chairperson, Chris Clark, Raymond Coffin: Diane Hubbard, Richard Jarrett; Harold Jordan; Wendy Walker.

Alternate members Robert Cyr and Peter B. Stebbins were both absent.

Also attending the meeting: Priscilla Tucker, Secretary; Freeman Abbott, C.E.O.

The first order of business was the approval of the February 24, 2000 minutes.

Richard Jarrett recommended that the following change be made to page two, paragraph three: "Richard Jarrett felt that it was important to have elected officials that express opinions and to let the voters know their positions on the issues."

Richard Jarrett made the following motion:

MOTION: To approve the Minutes of the February 24, 2000 meeting with the above amendment.

The motion was seconded by Wendy Walker. Raymond Coffin could not vote as he is a newly elected member and was not present at the meeting. The remaining members voted unanimously to approve the motion.

The election officers was postponed until later in the meeting.

The application for permit of Trico Woodwork, Inc. was next addressed. The three parties who are seeking the permit are Richard Huff, Gordon Leach, and David Baker. The proposed business will be located on the corner of Routes 11 and 25. The type of work being proposed is architectural woodworking.

The application was reviewed for completeness. The applicants said this was not a retail business. There would be no changes to the septic system. There would be no storage of hazardous materials, they would only use lacquer materials. There would be no storage outside.

Diane Hubbard made the following motion:

MOTION: To approve the application of Trico Woodwork, Inc. as complete.

The motion was seconded by Harold Jordan and carried unanimously.

Planning Board Minutes
March 09, 2000
Meeting Page 2

The Public Hearing on the application will be held on March 23, 2000 at 7:00 P.M. at the Limington Municipal Building.

Ralph Libby, III expressed his feelings regarding the removal of $600. from the Planning Board 2000 budget for the Saco River Corridor Commission as proposed by Richard Jarrett. He said that everyone on the Board had a right to their opinion but to stand up at a public hearing and take away from the budget for which you work is not right. The only reason the Board was within budget last year was because several of the meetings had been canceled which saved $90. to $100. dollars per meeting. By taking money out of the budget, the Board will hurt the townspeople by not taking site walks, etc. If the Saco River Commission needs $600. it can get it from the State. They are not getting it out of the Board's budget and he didn't care what the money was going to be used for.

Ralph said he realized that anyone at a public meeting could stand up. He would much rather have it been anyone but a member of the Board who requested taking money from the Board. The only other thing he wanted to comment about which was addressed at the last meeting was the internet site. He said he was approached by persons who thought that the Deputy Clerk had entered the information. He said he hoped that the problem had been rectified with larger print stating that this was not a Town website. It was brought to his attention that is put out by Dick Jarrett but Dick Jarrett answers by Jarrett. whatever so that it doesn't look like he puts it out. He answers his own questions with a different internet site. Don't make it look like the Town is coming up with the information. Most people 'in the town are not on the internet. Many of the people are older people and probably don't even own a computer. He has no problem with putting out information, albeit one sided and not neutral.

Ralph said he was a little disappointed about the Saco River issue. He said he wished it had been someone else other than a Board member who had proposed the monies. He feels that the Board should work together which is what they were elected for.

The sign issue which fell short in the election will be better publicized and there are other issues which will have to be addressed in the next couple of years.

Richard Jarrett asked to respond to the above. He said that the disclaimer is still on every page. On the first page it is right at the top and on every other page it is on the bottom. He said other towns such as Waterboro have no disclaimers so he feels that Limington is much further ahead because it has disclaimers. The only necessity of putting this information on the internet is because the Planning Board did not publish it in the "Shopping Guide." He said he had asked about the publishing of the information. Ralph Libby said that he thought the Selectmen were going to publish and they didn't. Everyone did take blame for not having the information published. Richard Jarrett said he put the information out there because there was not even any information available at Town Hall

Planning Board Minutes
March 09, 2000
Meeting Page 3

Richard Jarrett said he felt he did the Town a favor by proposing the $600. for the Saco River Corridor Commission. This is for protection with two components. One is 'in the middle of the commercial area and one on the Saco River. The reason these were established is very clear, so that you will have a future place for the public water system if Limington has one. Someday the Town may have to have one. That is the purpose of this. There was a meeting on watersheds on the Saco River. No members attended the meeting. Richard was the only member notified. He suggested that the members contact Southern Maine Regional to be placed on the mailing list. At the meeting Saco River Corridor Commission suggested that the Selectmen of the towns place on their warrant monies for water testing. This would be for baseline water quality testing to ensure that the Saco River is kept clean. He said that for every dollar the town gives to water quality testing it is matched by Federal and State money three to one. It protects the town which is what the Board's job is. Richard Jarrett did not know why the Selectmen did not include the warrant but he proposed that the money be taken out of the Planning Board budget. The voters decided to approve it.

Diane Hubbard asked to speak. She said first of all Richard is not the only Planning Board member. If he felt the way he did he should have discussed the issue at a meeting. Secondly, in order to have something on a warrant the Saco River Commission should have come to Limington to request the warrant. Richard Jarrett said the Commission said they did come to Limington. Diane Hubbard felt it was the Saco River Commission's responsibility to take care of this. She said that the Planning Board needs to work together. Every member does not have to agree on everything because it would not be a good Board. The members cannot stab each other in the back. We will be spending more money this year because all of the meetings will be advertised for one thing. Saco River should have addressed the issue not Richard Jarrett. Diane said the members need to work together. Diane said as far as the Sign Ordinance changes, Richard never brought up his alternatives at any of the workshops that were held. Diane said that there needs to be more discussion at the table so that everyone knows what is going on. Lets compromise and work together as a Board and come together at the end as a Board.

Richard Jarrett said he was familiar with some organizations where things are done not by majority vote but by consensus which means you get everyone in an organization to agree to changes. It sounds as though that would take a lot of work but when you use that philosophy you will get a lot farther and a lot better proposals to the public. Richard did feel that everything that was said on the website was said by the Board but he didn't think people heard it. With consensus every person has veto authority and with veto authority comes responsibility of coming up with solutions that meet everyone else's needs. It is amazing how this works. If the Board agreed one hundred percent on something there would be no way it wouldn't pass.

Planning Board Minutes
March 09, 2000
Meeting Page 4

Diane Hubbard said to her that was a great philosophy but it doesn't happen. Richard said he had seen it work with people who hate each other.

Diane Hubbard suggest that before anything is put in the paper it should be brought to the Board's attention.

Harold Jordan said that as far as he was concerned there was a conflict of interest with Richard Jarrett being on the Planning Board. He puts all of the information out and puts his name on it. Furthermore, he did not feel that taking the $600. away from the Planning Board was appropriate. He did not appreciate the fact that Richard Jarrett had his name on articles, publishes things telling people how to vote. It is not right for a Planning Board member.

The next order of business was the election of the new officers. Ralph Libby asked if there was anyone who wished to be the Chairperson. Wendy Walker said that she works during the day and where there are so many calls and letters would it not be difficult to be Chairperson. Ralph Libby said that the Vice-Chairperson could help out when needed. Freeman said he referred people to Ralph Libby and Priscilla Tucker, Secretary.

Harold Jordan nominated Diane Hubbard for Chairperson and the nomination was seconded by Raymond Coffin.

Richard Jarrett nominated Wendy Walker for Chairperson and the nomination was seconded by Diane Hubbard.

Ballots were distributed to the Planning Board members. Diane Hubbard received four (4) votes and Wendy Walker received three (3) votes. Diane Hubbard conceded the vote to Wendy Walker. Wendy Walker accepted position of Chairperson. Ralph Libby, III, announced that Wendy Walker was the first woman to serve as the Chairperson of the Planning Board

Diane Hubbard nominated Ralph Libby, III for Vice-Chairperson and the nomination was seconded by Chris Clark.

Ballots were distributed to the Planning Board members. Ralph Libby, III received five (5) votes and Diane Hubbard received two (2) votes. Ralph Libby, III accepted the position of Vice-Chairperson.

Wendy Walker assumed the Chairmanship at 8: 10 P.M.

Wendy Walker called for any other old business. There was none.

The newly elected member of the Planning Board, Raymond Coffin, was introduced to the members.

Planning Board Minutes
March 09, 2000
Meeting Page 5

Richard Jarrett said that the Board needs to work on a plan for the coming year.

Diane Hubbard made the following motion:

MOTION: to adjourn the March 09,2000 meeting of the Planning Board.

The motion was seconded by Ralph Libby, III and carried unanimously.

The meeting adjourned at 8:15 P.M.

03/09/00 15:23       PETRUCCELLI & MARTIN


To: Limington Board of Selectmen

From: James B. Haddow, Esq.

Date: March 9, 2000

Subject: Planning Board Budget Warrant Article

      As you know, Herbert Ramsdell spoke to me on Tuesday about events surrounding the treatment of the Warrant Article dealing with the Planning Board's F.Y. 2000 budget appropriation.  My understanding is that, when the Article came up during the March 4 Town Meeting, one of the participants proposed an amendment from the floor.  While I do not know the precise words of the proposed amendment, I gather that its substance was to appropriate to the Planning Board $600.00 less than the amount that had been requested by the Planning Board and recommended by the Budget Committee and the Municipal Officers, and to appropriate $600.00 to the Saco River Corridor Commission.  I also understand that there was no Warrant Article proposing any appropriation to the Saco River Corridor Commission.  I am told that the amendment carried, and the Article was passed as amended.  I also understand that the Municipal Legislative Body has adopted, as it rules of parliamentary procedure, Roberts' Rules of Order, but I do not know which edition.  I want to emphasize that I have made no independent effort to determine the accuracy of any of this information.

      Based on the facts as I understand them, regardless of what edition of Roberts' Rules governs, the amendment was improper.  It would clearly have been proper to amend the Article to reduce the amount of the appropriation to the Planning Board; however, an amendment with the effect of appropriating funds to any entity other than the Planning Board, especially an entity outside the Town government, would be non-germane and therefore out of order.  The fact that there was nowhere in the Town Warrant any suggestion that the appropriation of funds to the Saco River Corridor Commission would be under consideration further supports this conclusion.  Although the Moderator apparently failed to rule the amendment out of order, that failure does not cure the defect.

      It the vote were challenged legally, the result, in my opinion, would be one of two things: either the entire Article, as amended, would be deemed invalid (in which case the Planning Board has no budget for F.Y. 2000) or the reduced appropriation to the Planning Board would stand, but the $600.00 appropriation to the Saco River Corridor Commission would be deemed invalid.  I am not sure yet which of these is the more likely outcome.  I am also not sure yet whether the Municipal Officers can decide on their own to treat the vote as invalid, or whether they would have to treat it as valid until someone challenged it successfully in court.

      Please let me know what further work you would like me to do on this issue.

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