A Sample Ballot is on page 16 of this Warrant

Transcription

1 Annual Town Meeting Courtesy Warrant For May 14th to May 16th, 2018 COURTESY WARRANT Sagadahoc, ss: To David Barnes, a Constable of the Town of Phippsburg: Greetings: In the name of the State of Maine, you are hereby required to notify and warn the voters of the Town of Phippsburg, in the said County, qualified by law to vote at town affairs, to meet at the Phippsburg Town Office, in said Town, on Monday, the 14th day of May, 2018 at one o'clock in the afternoon, then and there to act on Articles number 1 and 2. All of said Articles being set out to wit: Article 1. To choose a moderator to preside at said meeting. Article 2. To choose by Secret Ballot the following officers: one (1) Selectman, who shall also be an Assessor and Overseer of the Poor, for a three year term; (2) two Budget Committee members, each for a three year term, and (1) one Road Commissioner for a three year term. A Sample Ballot is on page 16 of this Warrant THE POLLS WILL BE OPEN FROM 1:15 P.M. TO 7:00 P.M. (The Election Warden will process Absentee Ballots at 2:00 P.M. and every hour on the hour as needed) And to notify and warn said voters to meet at the Phippsburg Elementary School, in said Town, on Tuesday, the 15th day of May, 2018 at 6:30 in the evening and Wednesday, the 16th day of May, 2018 at 6:30 in the evening (if needed) then and there to act on Articles 3 through 77. Special Notes Note 1: At Tuesday evening's Town Meeting we will start with Article 3 at 6:30 p.m. and continue taking each Article in order until approximately 9:30 p.m. at which time we will entertain a motion to adjourn. If needed, we will reconvene on Wednesday evening at 6:30 p.m. to consider any remaining Articles. Note 2: The notation LY indicates Last Year s appropriation (for Fiscal Year 2018).

2 TOWN MEETING ARTICLES FOR CONSENT AGENDA In an effort to help improve the efficiency of the Town Meeting, the Board of Selectmen have agreed to propose a motion for Articles 3 through 20 as they are presented, written and recommended in the Warrant by the Selectmen and others. If anyone would like to discuss a particular Article they may request that it be removed from the motion. The summary below is a quick reference guide - the full text of each Article is included in this Warrant. Article Summary Approved LY 3 Authorize Selectmen to accept gifts and donations YES 4 Authorize Selectmen to dispose of property with a value =/< $2, YES 5 Authorize Selectmen to apply for, accept, and spend grants YES 6 Authorization to carry forward specific accounts YES 7 Authorize Selectmen to set annual fees for returned checks, copies, and various other administrative fees 8 Authorize Selectmen to make expenditures from the Capital Reserve accounts YES 9 Set the due dates for RE/PP taxes for 11/15/18 and 5/15/19 YES 10 Set the interest rate for RE/PP taxes at 8% for taxes unpaid on 11/16/18 and 5/16/19 YES YES 11 Authorize the Tax Collector to accept prepayment of RE/PP taxes without paying interest YES Set the refunded abatement interest rate for RE/PP taxes at that of delinquent taxes minus 4% Authorize the Selectmen and Treasurer to sell or dispose of town land and/or buildings 14 Authorize the Treasurer to waive foreclosure of a tax lien mortgage YES Raise and Appropriate the recommended amount of $75, to pay the seventh and final payment for the Municipal Projects Bond Raise and Appropriate the recommended amount of $193, to pay the 2nd principal payment and related interest payments for the Parker Head Road Bond 17 Authorize acceptance of all State Road funds YES 18 Authorize Selectmen to grant utility easements YES Authorize the selling of fishing rights and taking of River Herring (alewives) at Winnegance Authorize the sampling & conservation closure of the Center Pond River Herring (alewives) Fishway YES YES YES YES YES YES

3 GENERAL GOVERNMENT Article 3. To see if the Town will vote to authorize the Board of Selectmen to accept gifts and donations, including monetary, on behalf of the Town and to expend/use the gifts and donations, including monetary, for the purpose for which they were donated. Article 4. To see if the Town will vote to authorize the municipal officers to dispose of town owned personal property with a value of $2, or less under such terms and conditions as they may deem advisable. Article 5. To see if the Town will vote to authorize the Board of Selectmen to apply for available grants, to receive said grants, and to expend the grant funds for the purposes stated in the grant. Article 6. To see if the Town will vote to transfer any unexpended account balances that may exist as of June 30, 2018 to surplus, except those accounts listed below to be carried forward. The Selectmen are authorized to expend funds out of these carry forward accounts for the purpose for which they were established. List of Accounts to be carried forward - includes any income to accounts Animal Control Officer Bike Rodeo Safety Bond (MMBB) Parker Head Rebuild Center Pond River Herring Fishway Ops Center Pond Fishway Rebuild Capital Conservation Commission DeBery Scholarship Fund Earned Time Benefit Account Emergency Management Fire Department General Fire/Rescue Capital Reserve Fire Station Operations Goodwill Account Harbor Commission Historic Preservation Commission Memorial Park Fund Murphy House Parking Enforcement PCATV Operations PCATV PEG Capital PCATV Technical (Internet) Planning Board Police Capital Reserve Police Operations Private Cemetery Maintenance Rescue Department Road - Capital Improvements Road - General Road - URIP (State) Road - Tar Road - Winter Shellfish Conservation Commission Town Hall Capital Reserve Totman Library Operations Totman Library Capital Reserve Town Landings Maintenance Town Landings Capital Reserve Town Lands Management Transfer Station Capital Reserve Winnegance River Herring Fishway

4 Article 7. To see if the Town will vote to authorize the Selectmen to annually set fees for returned checks, copies of Town ordinances and other documents, and various other administrative fees. Article 8. To see if the Town will vote to authorize the Selectmen to make expenditures from the following capital reserve accounts as the need arises during the period of July 1, 2018 through June 30, All expenditures will be made pursuant to 30-A MRSA 5802 which requires that expenditures only be made for the specific purpose for which the account was established. Albert F. Totman Library Capital Reserve (major repairs and maintenance) Center Pond Fishway Rebuild Capital Reserve (rebuild of Fishway) Fire/Rescue Capital Reserve (fire or rescue equipment & vehicles) PCATV, PEG (Public, Educational, Governmental) Capital Reserve (new equipment, repairs) Police Capital Reserve (police vehicle) Road Capital Reserve (major road repairs, construction and overlays) Town Hall Capital Reserve (major repairs, new equipment, construction and maintenance) Town Landings Capital Reserve (major construction and repairs) Transfer Station Capital Reserve (major construction, equipment and repairs) Article 9. To see if the Town will vote to establish the date of November 15, 2018 as the date when one-half of the fiscal year 2019 real estate and personal property taxes are due and payable, and the date of May 15, 2019 when the remaining one-half of the fiscal year 2019 real estate and personal property taxes are due and payable. Article 10. To see if the Town will vote to set an interest rate of eight percent (8%) per annum, or any adjusted maximum annual rate established by the State Treasurer, on fiscal year 2019 real estate and personal property taxes unpaid on November 16, 2018 and fiscal year 2019 real estate and personal property taxes unpaid on May 16, Such interest shall be added to and become part of the taxes. Accumulated interest of $5.00 or less at time of payment may be waived by the Tax Collector. This is the maximum annual rate established by the State Treasurer for FY19. Last year s interest rate was set at 7%. Article 11. To see if the Town will vote, pursuant to 36 MRSA 506, to authorize the Tax Collector to accept prepayment of taxes not yet committed and not to pay interest thereon. Article 12. To see if the Town will vote, pursuant to 36 MRSA 506-A, to set the refunded abatement interest rate on fiscal year 2019 real estate and personal property taxes at the fiscal year 2019 interest rate for delinquent taxes minus 4%. Article 13. To see if the Town will vote to authorize the Selectmen and Treasurer to sell and dispose of, on behalf of the Town, any Town land and/or buildings acquired by any means on such terms as they deem advisable in accordance with applicable State Statutes and this article. This includes the selling of land and/or buildings back to the prior owner(s) upon payment of all unpaid taxes, taxes that would have been paid had not the land and/or buildings been townowned, lien costs and interest (providing that the property has not been publicly advertised) or by public bid following notification of the Town Lands Management Committee, Town Landing Committee, Conservation Commission, and the Phippsburg Land Trust, authorization of Town Meeting and the proper advertisement. An accounting of sales to be published in the Town Report.

5 Article 14. To see if the Town will vote to authorize the municipal Treasurer, upon direction from the Board of Selectmen, to waive the foreclosure of a Tax Lien Mortgage by recording a Waiver of Foreclosure in the Registry of Deeds in which the Tax Lien Certificate is recorded, prior to the right of redemption expiring, pursuant to 36 MRSA 944. Article 15. To see what sum the Town will vote to raise and appropriate to pay the seventh and final annual principal and related interest payments for the multiple projects bond. Projects Bond FY 2019 Last Year (FY18) Principal $75, $75, Interest $ $ Total of Payment Due $75, $75, Selectmen and Budget Committee recommend $75, LY- $75, Article 16. To see what sum the Town will vote to raise and appropriate to pay the 2 nd principal payment of seven and related interest payments for the Parker Head Road Bond. Parker Head Road Bond FY 2019 Last Year (FY18) Principal $185, $185, Interest $8, $9, Total of Payment Due $193, $194, Selectmen and Budget Committee recommend $193, LY $195, Article 17. To see if the Town will vote to accept all State Road (URIP, Urban-Rural Initiative Program) Funds received and place them into the Special Road Maintenance Account (also known as the State Road Account) and to authorize the Board of Selectmen, with the advice of the Road Commissioner and Road Committee to make expenditures out of this account for road repairs and cost shares with Maine DOT for minor collector road projects. Selectmen, Budget Committee, Road Committee, and Road Commissioner recommend approval Article 18. To see if the Town will vote to authorize the Board of Selectmen to grant utility easements, for utilities crossing Town Roads. Installations shall comply with the requirements set forth by the Board of Selectmen and Road Commissioner. Selectmen, Road Committee, and Road Commissioner recommend approval Article 19. To see if the Town will vote to authorize the Winnegance River Herring Commission to sell the fishing rights of Winnegance Lake and waters leading thereto for the 2019 season. Selectmen and Winnegance River Herring Commission recommend approval Article 20. To see if the Town will vote to authorize the Center Pond River Herring Committee to adopt a Take-scale samples-count-and-release into Center Pond sampling program as per an approved DMR harvest/research plan for the river herring species (Alosa aestivalis & Alosa pseudoharengus) unless otherwise modified/approved by DMR for the 2019 season on Center Pond. Although this sampling program may be occurring at Center Pond a conservation closure for the taking of the river herring species (Alosa aestivalis & Alosa pseudoharengus) will remain in effect. Selectmen and Center Pond River Herring Committee recommend approval

6 Article 21. To see what sum the Town will vote to appropriate from Surplus available as of July 1, 2018 to reduce taxes. Selectmen and Budget Committee recommend $865, LY - $820, The projected Surplus available on July 1, 2018 is $1,534,757. The actual surplus available on July 1, 2017 was $1,584,961. Article 22. To see what sum the Town will vote to appropriate from Surplus available as of July 1, 2018 to pay for abatements and applicable interest granted during Fiscal Year Selectmen and Budget Committee recommend $3, LY - $4, Article 23. To see if the town will vote to approve a FY2017 overdraft of $5.36 from the Totman Library Operations account. Selectmen and Budget Committee recommend approval This was an overdraft discovered after the close of the fiscal year. Article 24. To see if the Town will vote to set the salary for each of the following town officials and establish wage budgets for the Deputy Town Clerk, Election Clerks/Warden, Transfer Station Attendants, Fire/Rescue Administrator, Fire and Rescue Responders, Patrol Officers, and Assessing Field Inspectors/CAD. Positions Recommended Amounts FY19 (2%) FY18 First Selectman/Assessor/Overseer of the Poor 6, , Second Selectman/Assessor/Overseer of the Poor 5, , Third Selectman/Assessor/Overseer of the Poor 5, , Town Administrator 56, , Tax Collector 33, , Treasurer* 14, , Town Clerk 14, , Deputy Town Clerk ($12.75 per hour) 2, , Fire Chief* , st Assistant Fire Chief 2, , Rescue Chief 5, , Rescue Dept. Responders ($3/$12 per hour) 66, , Fire/Rescue Administrator ($17.50 per hour) 33, , Fire Dept. Responders 15, , Emergency Management Director 1, , Code Enforcement Officer 51, , Road Commissioner 7, , Registrar of Voters Administrative Assistant 16, , Town Fire Warden Deputy Fire Wardens (3 at $552 each) 1, , Police Chief 61, , Patrol Officer 17, , Assessing Field Inspector/CAD 8, , Constable

7 Harbor Master 5, , Animal Control Officer 5, , Moderator Election Clerks/Warden 4, , Health Officer* Librarian 13, , CATV Station Manager* 10, , Recreation Commission Stipends 2, , Transfer Station Attendants 37, , Total $516, $493, Position increases unrelated to the COLA indicated by * Salary increases were reviewed for FY19 as required by the Town Personnel Manual. The positions reviewed were: Code Enforcement Officer, Police Chief, Town Administrator, Transfer Station Supervisor, Transfer Station Attendant, Administrative Assistant, CATV Station Manager, Emergency Management Director, Fire Chief and Health Officer. Article 25. To see what sum the Town will vote to raise and appropriate for the above set salaries and also to be set aside to pay the wages of the Deputy Town Clerk, Election Clerks/Warden, Transfer Station Attendants, Fire/Rescue Administrator, Fire and Rescue Responders, Patrol Officers, and Assessing Field Inspectors/CAD. Selectmen and Budget Committee recommend $516, LY - $493, The cost-of- living increase of 2% was recommended by the Selectmen and Budget Committee. Article 26. To see if the Town will vote to appropriate a $16, distribution from the H.M. Payson investment funds to reduce the Maine State Retirement expense. Selectmen and Budget Committee recommend approval This account was established with excess funds from MSRS in 2015 Article 27. To see what sum the Town will vote to raise and appropriate for each of the following Insurances and Benefits. Account FY 2019 Last Year Payroll Taxes (FICA/Medicare) $49, LY - $45, Workers Compensation Insurance $38, LY - $40, Risk Pool & Public Officials Liability $27, LY - $27, Municipal Health Insurance $17, LY - $21, Maine State Retirement $5, LY - $8, Fire/Rescue Disability Insurance $1, LY - $1, Volunteer Accident Insurance $ LY - $ Total $140, LY- $143, Selectmen and Budget Committee recommend $140, The expected expense for Maine State Retirement is $21, however the H.M. Payson distribution of $16,000 will offset this expense, reducing the request to $5, LY - $8, after a reduction of $12,

8 Article 28. To see what sum the Town will vote to raise and appropriate for the Earned Time Benefit Account. Selectmen and Budget Committee recommend $3, LY - $4, The appropriation is based on the hypothetical cost of a 50% pay out of the largest accrual of Earned Time. Article 29. To see what sum the Town will vote to raise and appropriate for Town Administration expenses. Selectmen and Budget Committee recommend $81, LY - $77, The FY19 increase is mainly due to price increases in the cost of accounting software platform and technology upgrades. Article 30. To see what sum the town will vote to raise and appropriate for each of the following Assessing Accounts: Account FY 2019 Last Year Assessing Agent Contract $47, $46, Mapping and Associated Costs $3, $3, Total $50, $49, Selectmen and Budget Committee recommend $50, LY - $49, Article 31. To see what sum the Town will vote to raise and appropriate for Town Legal expenses. Selectmen and Budget Committee recommend $15, LY - $20, Article 32. To see what sum the Town will vote to raise and appropriate for expenses related to the Town s next Comprehensive Plan, due October 6, Selectmen and Budget Committee recommend $2, LY - $0.00 Article 33. To see what sum the Town will vote to raise and appropriate for the operation and maintenance of the Town Hall. Selectmen recommend $12,316.00, Budget Committee recommends $14, LY - $14, Salary for the Custodian comes out of this account. Article 34. To see what sum the Town will vote to raise and appropriate for the Town Hall Capital Reserve account, used for new equipment in the Town Hall, as well as for maintenance and repairs. In FY19 Town Hall Capital will be used to upgrade two workstations. Selectmen and Budget Committee recommend $2, LY - $0.00 Article 35. To see what sum the Town will vote to raise and appropriate for the Selectmen s Contingency fund for expenditures not budgeted for in any specific account. Selectmen and Budget Committee recommend $5, LY - $5, Article 36. To see what sum the Town will vote to raise and appropriate for the purchase, installation, and repair of Enhanced road signs. Selectmen and Budget Committee recommend $ LY - $ Article 37. To see what sum the Town will vote to raise and appropriate for support of the Phippsburg Community Access Television (PCATV) channel. Selectmen, Budget Committee, and PCATV Committee recommend $5, LY - $5,

9 Article 38. To see what sum the Town will vote to raise and appropriate for the Maine Pre-Trial OUI offender work program, and the County Jail work program. Selectmen and Budget Committee recommend $1, LY - $3, FIRE AND RESCUE DEPARTMENTS Article 39. To see what sum the Town will vote to raise and appropriate for the Fire and Rescue Mileage Reimbursement Account. Selectmen, Budget Committee and Fire & Rescue Chiefs recommend $1, LY - $1, Article 40. To see what sum the Town will vote to raise and appropriate for operational expenses of telephone, lights, heat, water treatment, alarm system, upkeep of grounds and buildings for the Fire Station. Selectmen, Budget Committee, and Fire Chief recommend $8, LY - $8, Article 41. To see what sum the Town will vote to raise and appropriate for the Fire Department General Account for vehicle fuel, fire equipment, repairs, cellular phones, clerical work and supplies. Selectmen, Budget Committee, and Fire Chief recommend $20, LY - $17, Article 42. To see what sum the Town will vote to raise and appropriate for the Rescue Department Account for vehicle fuel, rescue equipment, repairs, cellular phones, clerical work, and supplies. Selectmen, Budget Committee, and Rescue Chief recommend $20, LY - $20, Article 43. To see what sum the Town will vote to raise and appropriate for the Fire/Rescue Capital Improvement Reserve Account, pursuant to 30-A MRSA 5801, for future purchases of fire or rescue equipment and vehicles. Selectmen, Budget Committee, and Fire Chief recommend $25, LY - $15, Article 44. To see what sum the Town will vote to raise and appropriate for the Emergency Management Account. Selectmen, Budget Committee, and EMA Director recommend $ LY - $ POLICE DEPARTMENT Article 45. To see what sum the Town will vote to raise and appropriate for the Animal Control Officer Operations Account. Selectmen, Budget Committee, and ACO recommend $2, LY - $1, Article 46. To see what sum the Town will vote to raise and appropriate for operation of the Police Department. Selectmen, Budget Committee and Police Chief recommend $22, LY - $15, Article 47. To see what sum the Town will vote to raise and appropriate for the Police Capital Improvement Reserve Account, pursuant to 30-A MRSA 5801, for the purpose of purchasing a Police Department Vehicle. Selectmen, Budget Committee, and Police Chief recommend $8, LY - $5,000.00

10 Article 48. To see what sum the Town will vote to raise and appropriate for the Parking Enforcement Officer Operations Account. Selectmen and Budget Committee recommend $1, LY - $1, State Bureau of Parks and Lands authorizes a subsidy to the Parking Enforcement position (LY $5,500.00). TOWN ROADS Article 49. To see what sum the Town will vote to raise and appropriate for each of the following Road Maintenance accounts. Account FY 2019 Last Year Highway- General $65, $60, Tar $20, $20, Totals $85, $80, Article 50. To see if the Town will vote to appropriate $9, from surplus to fund a Fiscal Year 2018 overdraft for the maintenance of winter roads. Selectmen, Road Commissioner and Road Committee recommend approval Article 51. To see if the Town will vote to authorize the municipal officers (Selectmen) to make final determinations regarding the closing or opening of town roads to winter maintenance pursuant to 23 M.R.S.A Selectmen, Road Commissioner and Road Committee recommend approval Article 52. To see if the Town will vote to authorize the Selectmen to enter into a contract for up to 3 years, with the option to negotiate up to 2 more years at the end of the contract, effective October 15 th, 2018 for winter road maintenance. Selectmen, Road Commissioner and Road Committee recommend approval Article 53. To see what sum the Town will vote to raise and appropriate for the Winter Road Maintenance account. Selectmen and Budget Committee recommend $350, LY $330, ($330, was reduced on Town meeting floor by the account balance of $18,630.00). Article 54. To see what sum the Town will vote to raise and appropriate for the Road Capital Reserve Account, pursuant to 30-A MRSA 5801, for the purpose of major road repairs and construction. Increase is to allow more major road work to be done. Selectmen, Budget Committee and Road Committee recommend $400, LY - $370, Article 55. To see if the Town would like the Road Committee to research the discontinuance of some smaller roads for municipal maintenance. The roads considered for discontinuance are: Tide Mill Road, Lavery Lane, Bodwell Grange Road, Mill Road, Newbury Point Road, Cranberry Point Road, and Maple Street. This is a Straw Poll vote for public opinion and does not constitute any formal action. The Road Committee reviewed the public roads in Town and are recommending that the Town consider discontinuing the Town s ownership & maintenance of the roads listed above, to save future expense. These are roads that have fewer dwellings on them and would become private roads owned by the abutting property owners. If the Townspeople would like the Road Committee and Selectmen to move forward with the formal process of discontinuance, this would require notification of the property owners, an assessment of damages to be paid to the property owners if there is a loss in assessed value, a public hearing and a vote to raise funds for damages as well as a vote to discontinue the roads at the May 2019 Town Meeting.

11 HEALTH, WELFARE, AND SANITATION Article 56. To see what sum the Town will vote to raise and appropriate for General Assistance. Selectmen and Budget Committee recommend $5, LY - $5, Article 57. To see what sum the Town will vote to raise and appropriate for operation of the Town Transfer Station. Selectmen and Budget Committee recommend $210, LY - $203, Article 58. To see what sum the Town will vote to raise and appropriate for the Transfer Station Capital Improvement Reserve Account, pursuant to 30-A MRSA 5801, for major construction, equipment or repairs of the Town Transfer Station. Selectmen and Budget Committee recommend $7, LY - $5, Currently saving to replace the recycling compactor, which has already exceeded its expected lifespan, estimated cost of replacement is $40, PRESERVATION, PLANNING, AND CONSERVATION Article 59. To see what sum the Town will vote to raise and appropriate to fund the operations of the Center Pond Fishway. Selectmen, Budget Committee, and Center Pond River Herring Committee recommend $3, LY - $3, Article 60. To see what sum the Town will vote to raise and appropriate to fund the rebuild of the Center Pond River Herring Fishway Capital account. Selectmen, Center Pond River Herring Committee and Budget Committee recommend $10, LY - $10, The appropriation, as well as funds raised through grants, donations, and fundraisers, will be used toward the rebuild of the Center Pond Fishway, which is an estimated cost of $300, Article 61. To see what the Town will vote to appropriate from Surplus available July 1, 2018 to guarantee match funding for grants to rebuild the Center Pond Fishway. Selectmen, Budget Committee, and Center Pond River Herring Committee recommend $37, LY- $48, The committee continues to seek grants, fundraise and collect donations. Between donations, promised donations, fundraisers, Town funding, and Article 60 of this year s Town Meeting we have a total of $113, to put toward the rebuild cost of $300, Many grants require a 1:1 match and so the committee will continue to search all avenues of funding. If the appropriated Surplus funds are not used, they will lapse into Surplus. Article 62. To see what sum the Town will vote to raise and appropriate for the Shellfish Conservation Account. Selectmen, Budget Committee and Shellfish Commission recommend $2, LY - $2,000.00

12 HARBORS, PUBLIC LANDINGS, AND TOWN LANDS MANAGEMENT Article 63. Shall an ordinance entitled Town of Phippsburg, Shellfish Conservation Ordinance, May 3, 2017 be amended as follows: Town of Phippsburg Shellfish Conservation Ordinance May 3, 2017 Strike-through portions are deletions. Underlined portions are replacements. Section 6. LICENSING: C. (4) (e) Un-issued Commercial Licenses: If any licenses still remain un-issued after July 14th, they will be available for those harvesters who have applications pending on file for the specific category that the license is left over from (Resident Commercial, Non-Resident Commercial, or Resident Commercial Student). In the event that the number of applications on file exceeds the number of licenses left over, they will be awarded in accordance with the same priority list that is used in the Commercial New License Category. In the event of a tie, the issuance shall be determined by lottery. If any licenses remain left over in this category after considering all applications on file as of July 14th then the licenses will be issued in order of applications received after July 14th for the specific category. If any licenses remain left over they will become available on the first municipal business day in October they will be issued for to resident and nonresident members of the general public on a first come - first served basis. Student Commercial licenses must be issued to students. Applicants must have no convictions for violation of this Ordinance during the preceding year. The Shellfish Committee and Selectmen recommend approval Article 64. Shall an Ordinance entitled Town of Phippsburg, Harbor Ordinance, May 15 th, 2018 be enacted to repeal and replace the current Harbor Ordinance enacted March 16, 1991 as amended through May 4, The current and proposed Ordinance, as well as a synopsis of the changes made to the ordinance is on file with the Town Clerk and copies are available for review at the Town Office and on the Town s website. A copy of the proposed Ordinance is also attached to this warrant. The Harbor Commission and Selectmen recommend approval Article 65. To see what sum the Town will vote to raise and appropriate for the Harbor Commission Account. Selectmen, Harbor Commission, and Budget Committee recommend $1, LY - $1, Article 66. To see what sum the Town will vote to raise and appropriate for the Town Landings Maintenance account. Selectmen, Budget Committee and Town Landings Committee recommend $4, LY - $5, Article 67. To see if the Town will vote to establish a Community Garden Committee comprised of five appointed members who shall serve two-year terms with the first appointments to be staggered for one and two years respectively. Selectmen and Conservation Commission recommend approval

13 Article 68. To see if the Town will vote to use Town-owned land (Map 043 Lot 008) for the location of the Community Garden. This parcel is on Sam Day Hill Road across from the Transfer Station and borders Granite Ledge Road. The Community Garden Committee hopes to engage Phippsburg residents of all ages and skill levels to grow vegetables for personal consumption and for donation. The Conservation Commission, Town Lands Management Committee and Selectmen recommend approval LIBRARY Article 69. To see what sum the Town will vote to raise and appropriate for the care, maintenance and operation of the Albert F. Totman Library. Selectmen, Budget Committee, and Library Trustees recommend $35, LY - $35, Article 70. To see what sum the Town will vote to raise and appropriate for the Albert F. Totman Library Capital Improvement Reserve account, pursuant to 30-A MRSA 5801, for the purpose of building repairs and major maintenance. Selectmen, Budget Committee, and Library Trustees recommend $4, LY - $4, Article 71. To see if the Town will elect one trustee to the Albert F. Totman Library to serve a term of five years. The Library Trustees recommend that incumbent Edward J. Cherian be nominated. CEMETERIES, RECREATION & AGENCIES Article 72. To see if the Town will elect one trustee for the Phippsburg Cemetery District, Inc. to serve a term of five years. The Cemetery District recommends that incumbent Chilloa A. Young be nominated. Article 73. To see what sum the Town will vote to raise and appropriate for annual maintenance costs of Morningside, Reed, and Hillside cemeteries. Selectmen, Budget Committee and Cemetery District Trustees recommend $7, LY - $5, Article 74. To see what sum the Town will vote to raise and appropriate for the Private Cemetery Maintenance Account. Selectmen and Budget Committee recommend $9, LY $8, Article 75. To see what sum the Town will vote to raise and appropriate for the operating budget of the Recreation Commission. Selectmen, Budget Committee, and Recreation Commission recommend $12, LY - $12,000.00

14 Article 76. To see what sum the Town will vote to raise and appropriate for the following Public Agencies: FY19 AGENCY FY19 FY18 Agency or Service REQUEST BOS-BC REC APPROP American Red Cross $1, $1, $1, Bath Area Food Bank $1, $ $ Bath Area Senior Citizens $1, $1, $1, Bath Area YMCA $2, $2, $2, Big Brothers/Big Sisters $1, $1, $1, Catholic Charities (Dental Clinic) $2, $2, $2, Children s Center $1, $0.00 $0.00 Elmhurst $1, $1, $1, Health Equity Alliance $ $ $ LifeFlight Foundation $ $ $ Maine Public Broadcasting $ $ $ Midcoast ME Com. Act. (CED) $1, $1, $1, New Hope For Women (NEW) $ $ $ Oasis Free Clinic $ $ $0.00 Respite Care $1, $1, $1, Spectrum Generations $1, $1, $1, Sweester $2, $2, $2, Tedford Shelter $ $ $ $23, $20, $20, Selectmen and Budget Committee recommend $20, LY $20, The following article must be voted by written ballot Article 77. To see if the town will vote to increase the property tax levy limit of $1,208, established for the Town of Phippsburg by State law in the event that the municipal budget approved under the preceding articles will result in a tax commitment that is greater than that property tax levy limit. Selectmen and Budget Committee recommend approval of this article. This article will be needed if the Selectmen-recommended amounts in this Warrant are passed, and the recommended amount of $865, is taken from surplus to reduce taxes (Article 21). The amount over the tax levy limit will be approximately $204,

15 Given under our hands this 11th day of April, A.D. 2018: Julia M. House Gary R. Read Christopher L. Mixon Chair, Board of Selectmen Board of Selectmen Board of Selectmen Attachments 1. Sample Ballot 2. Harbor Ordinance

16

17 HARBOR ORDINANCE TOWN OF PHIPPSBURG, May 15, 2018 The effective date of this Ordinance is May 15, This Ordinance repeals and replaces in its entirety the Ordinance entitled Harbor Ordinance, Town of Phippsburg, March 16, PURPOSE: This ordinance is adopted in compliance with applicable state laws and the home rule powers of the Town of Phippsburg. The purpose is to avoid conflicts in the mooring of watercraft and the use of harbors in the Town s coastal waters, to give priority for available mooring spaces to townspeople and those engaged in commercial fishing, to allot scarce mooring space equitably and within the priorities of the community and the guidelines of state law, to assure that unobstructed passage is maintained to all Town Landings and to other public or private piers and watercraft landing sites, to establish a procedure for resolving conflicts over the use of harbors and to carry out the responsibilities vested in the Town by Maine Revised Statutes Annotated (MSRA) Title 38, Chapter 1, Sections 1 through 13. This ordinance establishes regulations for marine activities within the harbors, waterways and tidal waters of the Town in order to ensure safety to persons and property, to promote the availability of use of a public resource, and to create a fair and efficient framework for the administration of that resource. Where conflicts exist between this ordinance and state and federal laws that preempt local regulations of harbors, those laws shall take precedence. 2. HARBOR COMMISSION: The Board of Selectmen shall appoint a Harbor Commission, consisting of residents knowledgeable about watercraft and water access issues; said commission shall consist of not fewer than five members nor more than seven members. Harbor Commission members shall serve terms of two years, except that the first year some members shall be appointed for one year so that in future years about half of the terms shall expire annually, thus assuring continuity of membership. The Harbor Master and any Assistant Harbor Masters that may be appointed shall be ex-officio, non-voting members. 3. HARBOR COMMISSION ORGANIZATION AND MEETINGS: The Harbor Commission shall annually select a chair from among its membership. The Harbor Commission shall meet in the Phippsburg Town Hall on the second Monday of January, May, and October, and with a seven day notice at such other reasonable times and places as deemed appropriate by the chair of the Harbor Commission or the Board of Selectmen, or upon petition signed by five or more watercraft owners using the coastal waters of the town. Failure of a member to attend more than two consecutive meetings of the Harbor Commission may be deemed a resignation from the Harbor Commission and the Board of Selectmen may appoint a replacement member to fill the remaining portion of the term of the person so resigning. 4. HARBOR COMMISSION DUTIES: A. The Harbor Commission or Harbor Master or Assistant Harbor Master shall review at least annually each of the harbors where three or more watercraft are moored or where private or public piers are located to determine the likelihood or existence of

18 overcrowding or conflicts. All waters of the Town of Phippsburg are designated by the Harbor Commission for regulation, under the terms of this ordinance. In addition, if any watercraft owner who regularly uses a harbor petitions for regulation, the Harbor Commission shall control mooring spaces in accordance with this ordinance and appropriate state laws. B. The Harbor Commission shall determine the boundaries of each harbor subject to regulation, said boundaries to include all areas of conflict, overcrowding, or which have a potential for the same. Boundaries of regulated areas shall be based on natural features of the landscape or manmade objects such as points of land, rock outcroppings, buoys, prominent buildings, or other easily identified marks. C. If the Harbor Commission finds overcrowding, conflicts, or the potential for same in any harbor, the Harbor Master shall then assign mooring spaces consistent with state and federal law, the provision of this ordinance, and in accordance with the priorities mandated by this ordinance. D. The Harbor Commission shall sit as a Board of Appeals to hear appeals of any person aggrieved by any decision, act, or failure to act of the Harbor Master or Assistant Harbor Masters. Only those appeals shall be heard that are brought to the attention of the Harbor Commission within thirty (30) days of the incident that prompted the appeal. E. The Harbor Commission, Harbor Master, or Assistant Harbor Master shall forbid the placement of new moorings, and shall require the removal of existing moorings, that unreasonably interfere with the safe approach to any wharf or pier. F. The Harbor Commission shall study and evaluate the harbor needs of the Town of Phippsburg and make whatever recommendations it deems appropriate to the Board of Selectmen or Town Meeting. 5. HARBORMASTER: The Harbor Master shall be appointed for a two year term by the Board of Selectmen and his/her appointment shall be subject to confirmation by a majority vote of the Harbor Commission. In addition, the Board of Selectmen may appoint Assistant Harbor Masters, subject to confirmation by the Harbor Commission, for two year terms upon the recommendation of the Harbor Commission and the Harbor Master. Assistant Harbor Masters shall have the same power and authority as the Harbor Master. Persons so appointed shall perform the duties prescribed by Title 38 MRSA and enforce the provisions of this ordinance and the regulations adopted by the Harbor Commission. Unless the person or persons named as Harbor Master or Assistant Harbor Masters are also police officers or reserve law enforcement officers, they shall not carry weapons and shall not have the power of arrest. However, the Harbor Master and any Assistant Harbor Master shall notify the Board of Selectmen of any violations of this ordinance, of violations of state laws dealing with harbor management, or violations of any regulations that may from time to time be adopted by the Harbor Commission. The Board of Selectmen shall take any and all legal steps needed to ensure compliance with and to enact penalties against violators of these provisions.

19 6. GENERAL REGULATIONS: A. Any persons using the harbors and coastal waters of Phippsburg shall assume all risk of damage or loss to his/her property. The Town of Phippsburg assumes no risk on account of fire, theft, Act of God, or damages of any kind to watercraft. B. No new moorings shall be installed or maintained in harbors designated for regulation by the Harbor Commission until the mooring location has been approved by the Harbor Commission, the Harbor Master, or Assistant Harbor Masters and the mooring has been duly registered (see Paragraphs C. and D. below). Moorings installed or used prior to March 1, 1990, are grandfathered and may remain, subject to other provisions of this ordinance. Moorings installed on or after March 1, 1990, shall be subject to the requirements and priorities of this ordinance. C. All moorings must be registered annually. A mooring is registered from July 1 through June 30 of the following year. D. Fees 1. The annual fee to register a mooring is twenty-five dollars ($25.00) for a person who is a resident of the Town of Phippsburg on the date the mooring is registered or has paid property tax to the Town during the twelve (12) month period prior to the date on which the mooring is registered. 2. The annual fee to register a mooring is one hundred dollars ($100.00) for a person who is neither a resident of the Town of Phippsburg on the date the mooring is registered nor has paid property tax to the Town during the twelve (12) month period prior to the date on which the mooring is registered 3. The annual fee shall be waived for one (1) mooring for one (1) commercial watercraft that is owned by a Phippsburg resident or taxpayer who demonstrates to the satisfaction of the Harbor Commission the same requirements to be considered for a Priority #2 mooring (see I. below). 4. Failure to submit a completed mooring permit application and applicable fee on or before July 31 will result in a twenty-five dollar ($25.00) late fee. Any mooring for which payment has not been received by August 31 may be considered abandoned. 5. Fees described in this section will be assessed starting July 1, E. Mooring fees received by the Town shall be placed in a Harbor Commission account to be used for the expense of the Harbor Commission, the Harbor Master, and the Assistant Harbor Masters. F. No commercial fishing activity shall be regulated by this ordinance. G. Moorings or mooring locations installed or used in regulated harbors prior to March 1, 1990, shall be registered with the Harbor Commission within six months of such designation. It shall be the responsibility of the mooring owner to provide evidence of installation prior to March 1, 1990, if requested to do so by the Harbor Commission.

20 H. Moorings that are registered and approved by the Harbor Commission may remain providing the owner(s) complies with this ordinance and providing the owner(s) continues to qualify under Paragraphs D. and I. of this Section. I. The following priorities shall govern all moorings placed on or after March 1, 1990, in each regulated harbor of Phippsburg: Priority #1. One mooring to be assigned along the waterfront owned by a riparian owner of more than twenty five feet of shorefront, except that when shorefront has more than one owner, only one Priority #1 mooring shall be allowed for such lot of land as shown on the municipal tax maps of the Town of Phippsburg. Priority #2. One mooring for each commercial watercraft that is owned by a Phippsburg resident or non-resident taxpayer who demonstrates to the satisfaction of the Harbor Commission, Harbor Master, or Assistant Harbor Masters that for at least one of the past three years at least a third of his/her earned income is derived from commercial fishing, the operation of a commercial fishing pier, a watercraft repair facility, the ownership of commercial fishing watercraft, or the use of a boat for a commercial venture, including but not limited to fishing, aquaculture, or the carrying of cargo or passengers for hire. It shall also be satisfactory for such an individual to display a current license necessary for one of the above activities. a. Any person assigned a priority #2 mooring shall demonstrate to the satisfaction of the Harbor Commission his/her continued compliance with the income requirements. b. Provisional commercial mooring spaces shall be assigned to a resident or non-resident taxpayer who demonstrates to the satisfaction of the Harbor Commission that he/she has acquired commercial gear or permits for the purpose of entering a water-based marine or fishing business. The provisional mooring privileges shall be revoked unless the person involved demonstrates compliance with the income requirements of this priority category within three (3) years. Priority #3. One mooring for each other watercraft owned by a resident. Priority #4. Other non-resident watercraft owners who pay property taxes to the Town of Phippsburg. Priority #5. Rental moorings installed by commercial marinas or other water dependent businesses. J. Notwithstanding the above, at least ten (10) percent of the moorings in any harbor designated for regulations shall be reserved for non-residents in accordance with the provisions of Title 38, MRSA. K. Other mooring spaces that may be available shall be filled on a first-come, first-served basis by the Harbor Master.

21 L. If the Harbor Master receives more applications for mooring privileges than there are mooring spaces, he/she shall assign spaces as they become available from a waiting list in the order of the priorities of this ordinance and in the order in which names were placed on the waiting list. The Harbor Commission may assess a fee of up to twentyfive dollars ($25) per year to remain on a waiting list. M. A Priority #2 mooring may be transferred from one family member to another provided the mooring is continued in commercial use, and is in compliance with all other provisions of this ordinance. For the purposes of this section and according to state language, family member means an assignee s parent, child or sibling, by birth or adoption, including a relation of the half blood, or an assignee s spouse. N. All new moorings shall be placed in the location designated by the Harbor Master, Assistant Harbor Master, or Harbor Commission. Mooring placement shall be the responsibility of the person requesting a mooring. The size and type of mooring shall be sufficient to hold the watercraft desired to be moored. O. All moorings shall use a flotation device large enough to float the chain. All flotation buoys shall be marked with a number assigned to the owner by the Harbor Master or Assistant Harbor Masters. The floatation device is recommended to be white with a horizontal blue stripe per U.S. Coast Guard regulations. P. All watercraft moored or anchored in Phippsburg waters shall comply with all local, state, and federal regulations. 7. VALIDITY: If any provision of this ordinance is found by the courts to be invalid, it shall not affect other provisions of this ordinance. 8. ABANDONED MOORINGS: A mooring may be considered abandoned and the location may be reassigned when: A. The Harbor Commission or the Harbor Master is notified in writing by the owner of the mooring. B. The mooring is not registered with the Harbor Commission and the owner does not comply within thirty (30) days to written notice that registration is required. C. The mooring has not been used for twelve (12) months. D. The Harbor Commission may dispose of moorings considered abandoned as it deems necessary. A mooring owner may be held responsible for necessary expenses and fees associated with the removal of an abandoned mooring, plus an additional one hundred dollars ($100) service charge. Placing a mooring in Phippsburg harbors is considered agreeing to these removal terms.

22 9. RECORDS: Courtesy Town Meeting Warrant for May 14th to May 16th, 2018 The Town shall maintain accurate records of all registered moorings in regulated harbors. All regulations, decisions, and orders issued by the Harbor Commission shall be in writing and available for public inspection. 10. PLANNING BOARD: The Planning Board shall not approve the construction or installation of new wharves, piers, or other obstructions that interfere with the safe passage by watercraft, or which obstruct the approach to an existing pier or wharf. The existence of a mooring shall not be grounds under this ordinance for denying an application from a waterfront owner seeking permission to construct one pier from a parcel of land that existed in one ownership on March 16, 1991 unless the waterfront property already had a pier or wharf in place. 11. MOORING CONFLICTS: Should moorings permitted or grandfathered under this ordinance conflict with a proposed pier or wharf that has received all the required local, state and federal permits, the Harbor Commission shall require the conflicting moorings to be moved to the extent necessary to allow the pier or wharf to be constructed. 12. PENALTY: Any person who violates any provision of this ordinance, or any owner of a watercraft who allows that watercraft to be in violation of any provision of this ordinance, shall be subject to a fine of not less than ten dollars ($10) nor more than two hundred and fifty dollars ($250) for each offense. Each day a violation continues shall be considered a separate offense. Penalties levied under this ordinance shall be paid to the Town of Phippsburg. 13. APPEAL PROCEDURES: Any person aggrieved by a decision of the Harbor Commission, Harbor Master, or Assistant Harbor Master(s) may make an appeal to the Board of Selectmen within fourteen (14) days of such decision. The Board of Selectmen will hold an appellate hearing on the appeal (the decision of the Harbor Commission, Harbor Master, or Assistant Harbor Master will be reviewed based on the same evidence as submitted to them). If the appellant does not agree with the decision made by the Board of Selectmen they may appeal within thirty days to the Superior Court under Rule 80B of the Maine Rules of Civil Procedure. 14. DEFINITIONS: Words used in this ordinance shall have their ordinary dictionary meaning with the exception of the following: A. Mooring. Any appliance used to anchor a watercraft and which is not carried aboard as regular equipment when the watercraft is underway.