TOWN OF YARMOUTH MINUTES OF THE TOWN COUNCIL MEETING
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1 TOWN OF YARMOUTH MINUTES OF THE TOWN COUNCIL MEETING Meeting: 13-17/18 Date: April 12, 2018 Time: 7:00 M lace: American Legion Log Cabin Roll Call of Members = resent A = Absent T= Tardy David Craig, 25 Madison Drive April Humphrey, 277 East Main St James MacLeod, 170 Berryfield Richard lourde, 87 inewood Road Timothy Shannon, 47 West Elm St at Thompson, 148 White s Cove Robert Waeldner, 141 Oakwoods Drive First Order of Business: Roll Call of Members. Second Order of Business: Approved the minutes of Meeting 10-17/18 held 3/15/18, Special Meeting 11-17/18 and Special Meeting 12-17/18 both held 4/5/18. Third Order of Business: ublic Comment: Art Bell spoke about the group Earth Stewardship and their focus being the Royal River. He invited the public to 2 events (1) 4/25 at First arish Church (2) 5/12 A celebration in the Royal River ark. Elizabeth Kay spoke about the timber harvesting done in January by David Delorme/Global Village. She indicated the Town had not taken any enforcement action to help ensure restoration and asked the Council to make sure the promises made are upheld. Item No. 83: Reports of the Council Chair, committees, delegates, liaisons and the Town Manager. Chair Thompson recognized that YCS director Karyn MacNeill was named Distinguished rofessional of the Year, the MRA s highest honor. The residents of Yarmouth and this Town Council greatly appreciates the efforts she puts forth on behalf of the residents and the Town. She is a tireless worker, and a credit to the entire staff of this town. Town Manager, Nat Tupper, reminded potential candidates of the April 13 th Nomination aper filing deadline and the Chamber of Commerce will be doing a candidate s night: May 29 Tuesday. Other dates to remember: Bulky Waste Disposal: April and Brush Collection Week: April Nat also acknowledged the passing of atricia Winslow, wife of former Councilor at Winslow, and to extend heartfelt condolences to Chief Winslow and the Winslow family.
2 Item No. 84: Liquor license to the Muddy Rudder and to Bingas Wingas and Special Amusement ermit to the Muddy Rudder and special amusement permit for the Black Tie. Be it ordered that issuance of a liquor license for Muddy Rudder and Bingas Wingas is hereby approved and a special amusement permit for the Muddy Rudder is hereby approved. Item No. 85: Renewable Energy and Sustainability Task Force Be it ordered that the Yarmouth Town Council hereby authorizes the establishment of a Renewable Energy and Sustainability Task Force (the RES Task Force ) to facilitate and carry out programs relating to renewable energy and sustainability, disseminate information to residents regarding renewable energy and sustainability options, collaborate with nearby communities regarding the same, and make recommendations to the Yarmouth Town Council for energy conservation and renewable energy projects. The RES Task Force will comprise no less than 5 residents and not more than 9 residents, who will be appointed by the Chair of the Town Council [or the Appointments Committee]. The Town Council does not intend for Town staff or other Town committees to be involved with the efforts of the RES Task Force on a regular or ongoing basis, although Town staff may provide limited guidance and advice from time to time with the express permission of the Town Manager or the Chair of the Town Council. Although the Town Council acknowledges that nothing herein will bind the decisions of a future Town Council, the Town Council intends that the RES Task Force will remain in existence for approximately one year, and in the Spring of 2019, the Town Council will evaluate the Task Force s efforts and accomplishments and determine whether to extend the Town Council s authorization of the RES Task Force, merge the Task Force into an existing Town Committee, create a new and permanent Town Committee, or take any other appropriate action with respect to the RES Task Force; and Be it further ordered that the Yarmouth Town Council directs the newly formed RES Task Force to undertake the following project as its first order of business: to organize and carry out a group purchasing solar program generally consistent with the group purchasing solar program description attached to this resolution; and Be it further ordered that the Yarmouth Town Council directs the newly formed RES Task Force 1) to discuss, organize and implement one or more educational workshops or forums aimed at informing residents regarding affordable renewable energy options, 2) reach out to nearby communities to learn about, and if possible, facilitate mutual projects relating to
3 renewable energy projects for residents, 3) propose additional programs that would make energy efficiency and renewable energy options accessible to a wider range of residents, and 4) take direction from the Yarmouth Town Council and report back to the Yarmouth Town Council upon request, but in any event, at least once every six months. Group Solar urchasing rogram - (to be attached to the Council Minutes as part of Councilor Waeldner s proposal) The RES Task Force is charged with moving forward with the Group Solar urchasing rogram that includes the following features: 1) The RES Task Force will request residential solar vendors (the Solar Vendors ) to participate in a series of educational fairs for residents over some set time period. 2) The RES Task Force will request the Solar Vendors to provide pricing information in a specified format so that residents receive "apples to apples" pricing information from each Solar Vendor for easy comparison. 3) Each Solar Vendor will be requested to offer a discount to residents for a set period of time, so that residents may complete follow up research before making a decision and signing a contract. It s intended that discounts will be graduated, so that residents may receive higher discounts if more residents participate prior to a specified deadline. 4) The RES Task Force will review the Solar Vendor responses based on a set of minimum qualifications. Any Solar Vendor that meets the minimum qualifications would be eligible to participate in the Town Fair and make follow up offers with residents under this program. In carrying out the Group Solar urchasing rogram described above, the Town Council anticipates that the RES Task Force will: 1. Establish the minimum criteria for Solar Vendors to participate. 2. Develop and publish a Solar Vendor comparison guide to provide residents a single matrix to compare the qualifying Solar Vendors. 3. rovide residents with additional resource materials relating to a residential solar installation, which may include consumer guides providing advice regarding equipment and vendor selection, applicable terms and conditions, and available rebates and tax credits. 4. Organize a minimum of two solar fairs in Yarmouth during a set time period. 5. ut together a minimum required installation discount plan that all will be recommended as a condition of participating in the solar fair.
4 6. ut together a set of suggested additional offers that may be available to residents. 7. rovide a voluntary matching service for any residents who want to connect with other residents to select a certain Solar Vendor and maximize the discount. 8. rovide the Town Council a report regarding the Group Solar urchasing rogram at regular intervals, upon Town Council request, and upon completion. Such reports may include information regarding how many solar installations occurred, how many kilowatt hours were saved, how much money was saved, and other relevant metrics. rior to the debate or the motion Councilor MacLeod inquired if Councilor Humphrey should disclose a potential conflict of interest and /or recuse herself from voting. A lengthy discussion ensued without clear resolution. Councilor Shannon makes the motion, 2 nd by Councilor Craig Councilor Waeldner suggest correction to remove or the Chair of the Town Council, 2 nd by Councilor Waeldner, passes by unanimous consent Councilor Craig motioned to postpone action on the revised main motion to May 17 meeting, to allow time to research disclosure/recusal, 2 nd by Councilor Shannon, motion passed 7-0 Item No. 86: Appropriate funds for traffic signal improvements on Main Street. Be it ordered that a sum of $46,000 is hereby authorized from the Development Fund Budget for replacement and improvement of the traffic signal supports and system at the intersection of Main and Elm Streets, and traffic pole replacements at the intersection of Main and School Streets. Item No. 87: Amendments to Chapter 703 of the Yarmouth Town Code (Character Based Development Code). WHEREAS, the Yarmouth Town Council is prepared to approve a revised ordinance implementing a Character Based Development Code to include a portion of Yarmouth s village district, as well amending portions of the existing Chapter 703 establishing a character based development code for the Route One corridor (hereinafter, the Character Based Development Code or Code ); and
5 WHEREAS, the Council now intends to provide the Town with a reasonable period of time to learn from, and experience the implementation, application and overall impact of the Character Based Development Code in the districts within the Regulating lan, as well as the processes required by the Character Based Development Code for decision making and resident participation; and WHEREAS, with sincere appreciation, the Town Council would like to thank the Comprehensive lan Implementation Committee for its significant efforts and dedication to the Yarmouth community in the ongoing development of draft versions of the Character Based Development Code; and WHEREAS, the Town of Yarmouth Comprehensive lan was adopted by the Yarmouth Town Council in 2010 and will be updated by the Town Council in 2020, as required by Maine law; and WHEREAS, at some time prior to 2020, the Town Council anticipates a Steering Committee will be assembled to review and update the Town of Yarmouth Comprehensive lan, and thereafter present its findings and recommendations to the Town Council for adoption in accordance with Maine law. NOW THEREFORE, BE IT ORDAINED by the Yarmouth Town Council in town council assemble that Chapter 703 of the Yarmouth Town Code (Character Based Development Code) is hereby repealed and replaced with a new Chapter 703 dated April 12, 2018 as presented at this Regular Meeting of the Town Council being held on April 12, 2018 is hereby adopted, and FURTHER, in conjunction with the replacement of Chapter 703, the Town Council, acknowledging that it cannot bind the decisions of a future Town Council, declares that, for a period of approximately three (3) years, the Town Council does not intend to engage in discussions or deliberations regarding the expansion of the Code to areas outside of the areas covered by the Regulating lan as of the date hereof, with the understanding that modifications to the Code may be desired as the Code is evaluated during such period, and FURTHER, on a semi-annual basis going forward, the Town Manager or Town lanner is directed to present a report to the Council that describes the following: (1) aspects of the Code working well; (2) aspects needing improvement; (3) statistics regarding residential and commercial activity within the districts within the Regulating lan, as well as other districts in the Town; and (4) any other information relevant to the implementation, application and overall impact of the Code, and
6 FURTHER, a copy of this order shall be set forth as a preamble to the Code, a copy of all of which shall be attached to and become a part of the minutes of this meeting. Councilor Macleod made main motion 2 nd by Councilor Craig Councilor Shannon made a motion to table motion on 703 so an amendment to 701 may be considered, 2 nd by April Humphrey, passed 7-0 Councilor lourde made a motion to enact amendments to 701 regarding demolition delay as recommended by the lanning Board, 2 nd by Waeldner, passed 7-0 Councilor Craig moved to take 701 off the table to consider the pending motion, 2 nd by Councilor Shannon, passed 7-0 Council Chair Thompson motion to amend to strike parking in lieu of fee provisions, 2 nd by Councilor lourde, passed 7-0 Main motion as amended passed 7-0 Item No. 88: Voluntary gun give back program awareness The Day Be it Resolved by the Yarmouth Town Council that May 2, 2018 is to be designated Gun Give Back Day, wherein residents can bring unwanted firearms and ammunition to the Yarmouth olice Department voluntarily and without compensation so that the guns and ammunition may be safely destroyed per the Town s existing destruction practices and thus removed from any unintended chain of events, accidental violence, or other tragic and/or accidental misuse; The Awareness And, be it further resolved that the Town Manager is directed to expend up to $2,000 from budgeted but unused ublic Safety funds in advertising and promoting the Gun Give Back Day, including through advertisements, signs, and other visible markers, and any necessary ancillary expenses; And, be it further resolved that this event will be publicized with local media outlets and through the Town s web site and social media channels; The Reminder And, be it further resolved that the Manager, through the event, should employ any such publicity or awareness efforts to remind residents they may also give back their unwanted guns and ammunition at other times by making an appointment with the Yarmouth olice Department; Councilor Shannon made the motion, 2 nd by Councilor Humphrey
7 Councilor Waeldner call for a point of order to vote on amendment. Councilor Shannon made a motion to amend The Awareness section, by removing to expend up to $2,000 from and add employ, motion fails Councilor Shannon made a motion to strike the money and insert employ budgeted but unused funds, Councilor Craig 2 nd, motion passes 6-1, MacLeod Main motion a amended passed 6-1, MacLeod Item No. 89: Committee and board appointments. Joleen Estabrook to the Economic Development Advisory Board open term Bill Richards & Greg Mehlhorn to the Exit 15 Bridge Advisory Group Item No. 90: Executive Session Voted 7-0 to enter into Executive Session per MRSA Title c and a Council came out of Executive Session Be it ordered that a sum not to exceed $20,000 is hereby appropriated from the roperty Acquisition Reserve Fund for purchase of Tax Map 17 Lots 9,10 and 10-A. Adjourned at 10:04 M Executive Session adjourned at 12:31M Respectfully, Jennifer S. Doten, CCM, Town Clerk
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