Naples voters raise commercial building height limit to 40 feet

[0:02] Moderator: Thank you. Good evening everybody. You are hereby required in the name of the state of Maine to notify and warn the inhabitants of the town of Naples qualified to vote in town affairs to assemble at the Naples town office on Monday, September 28th, 2026 at 6pm. Then and there to act on the following articles to wit. It. I'm just going to read the articles real quick and then we'll do the pledge and then we'll do the motions and voting. So article one is going to be to elect a moderator to preside over said meeting. Article two is to see if the town will vote to adopt the moderator's manual as prepared by the Maine Municipal Association as the parliamentary procedures governing this meeting. And then Article 3 is to see if the town will vote to approve a proposed amendment to the Naples land use ordinance specifically section 504 dot 3 D dot V and VI by increasing the maximum building height from 35 to 40 feet in the commercial zoning district. So if everybody will please rise and gentlemen remove your hats for the Pledge of Allegiance. I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation, under God, indivisible, with liberty and justice for all. Alright, so our first article is to elect a moderator. Do we have any nominations? [1:42] Select Board member: We nominate Roy Cadet. Second. Move nomination to cease. Second. And then [1:57] Moderator: you should all have a little piece of green paper that you can vote [Public commenter: on. All] right, the vote is for yes and Colin are you there he was a minute ago. There he is. I am. I'm still here. Okay. How would you like to vote on the nomination of Roy? Yes. I vote aye. Okay. As a unanimous decision, Roy, if you can please raise your right hand and say your name. Aye. Roy Cadat. Do you swear. Do you swear. That I will support the Constitution. That I will support the Constitution. Of the United States. Of the United States. And of this state. And of this state. So long as I shall continue. So long as I shall continue. As long as I shall continue, a citizen thereof, I do swear that I will discharge to the best of my abilities the duties incumbent on me as moderator of the September 28, 2026 Town of Naples Special Town Meeting according to the Constitution. And laws of the state? Laws of the state. So how will they file it? So how will they file it? You are good. If you can just sign here, please. So thank you. And then you have your warrant, so I will turn it over to you. Alright, well thank you all and appreciate you all coming out tonight in the rain. We only have one article. You probably all, as you probably all know, to see if the town will vote to approve a proposed amendment to the Naples wetland use ordinance specifically section 504 3d V by increasing the maximum building height from 35 feet to 40 feet in the commercial zoning district. So could I have a motion to get this on the floor? [4:31] Select Board member: Excuse me, hold on, we have to approve the moderator's manual article to go. Okay. [4:38] Moderator: Case sir, sorry, to first, okay, article two first, to see if the town will vote to adopt the moderators manual as prepared by the Maine Municipal Association as the parliamentary procedures governing this meeting. Could have a motion to do that. We move we approve article two as read. Second. All in favor say aye. Thank you for that. Opposed? Anybody opposed? Okay, article 3, I'll read it again, to see if the town will vote to approve a proposed amendment to the Naples land ordinance specifically section 504.3 DB and b1 by increasing the maximum building height from 35 feet to 40 feet in the commercial zoning district. Can someone make a motion to put that on the floor? So moved. Second. Second, okay. So let's hear what folks have to say. Does anybody wish to speak in favor or against this motion? Are there any questions or any need to discuss it? Hearing none, let's have a vote. Do we need to use these or? Yes, sir. So you have these, basically you need to what, right? [6:09] Select Board member: No,, just right, hold it up. Hold them up? All of them. All in favor? All in favor. This is in favor or? This is in favor. Anybody opposed? [6:22] Moderator: Put them down. Anybody opposed? So the ayes have it. The motion has been approved. [6:31] Select Board member: I make the motion to adjourn special town meeting. Second. Thank you. All those in favor? Adjourned. Aye. Anybody opposed? It's a vote. We're going to continue on with the Board of Selectmen's meeting that's on schedule for tonight. So if everybody could grab a seat, that'd be great. We'll call the Monday September 28 2026 select board and workshop to order at 6 14 p.m. We're going to start with a public hearing for a new business license Fitzy's Bait and Tackle located down at 38 Harrison Road tax map you 43 lock 002. But he had to speak for or against that if you want, if you want a couple minutes of fame now's the time. [7:58] Public commenter: Sorry, my dad first time at the town meetings since I was a kid, but now we're purchasing Naples Bait and Tackle, and gonna run it as a family business. Got years of history with that shop, with Dave. I've dealt with them in the past, sell them and bait and everything for years anyways. So they approached me and asked me if I wanted to buy them out because I didn't have the time to do it. And my wife's gonna run the shop full time and hopefully keep baiting the tanks all the time and people happy all the time. Because we've noticed over the last couple of years, a lot of guys have strayed away from the town to go get their bait and stuff and everything else so I'm gonna try to bring it back to what it used to be for a shop and hopefully it's good [9:00] Select Board member: Anybody else have comments about it seems big tackle seeing none moving on for a roll call. Four of us are present and Collin Brackett is visiting us via Zoom tonight. Collin. Hey, Ted. Yeah. Hey, Ted. Yeah. Go ahead. Ted, can you hear me? Yeah. Can you hear me? Oh, now I can. I can't see you guys, but... In our packet, there was two other business applications that weren't in the public hearing. We're supposed to address those as well I didn't see them on the agenda but they were gonna pack it I Didn't see them in my packet but I'll look again [9:56] Moderator: The drywall has not come through they have to go to they have to go to planning board before they [10:01] Select Board member: Come here and it was a haul link but I haven't seen any of them no I haven't seen anything on that one myself. Okay, just trying to see my packet so I wasn't sure if I was missing anything. Maybe we can get clarity on that for the next meeting. So those will be pushed to the next meeting. Those two, Colin, will push to the next meeting. We can see you now. Okay, I can't see you guys, but it's fine. I just want to make sure. Okay, sorry. And because we already saluted the flag, we're going to skip number two, three. Sorry. How about now? Going can You see us now yeah thank you thanks guys number four review the meeting minutes for September 14 2026 I need a motion and a second to approve or disapprove so I'm not gonna get a motion in a second any corrections nope all in favor all right all right abstain understands I haven't been able to read them because I didn't get them until later. Four, zero, one. Town Manager's report. [11:24] Town Treasurer: Yep, I'm going to keep it brief. Big thing I wanted to update you on is the competitive bidding that we've been doing for new banking services. We've been looking at a total of four banks, but really down to three. We have one that we're pretty sure is the one we're going to go with. They're not ready to announce it tonight, but it's pretty significant change for us right now. We get 2.2% on our Working accounts and this is going to move it all the way up to 3.8. So you're we last year we got about a hundred and fifteen thousand dollars in interest revenue. On our working account this year that might allow us to get closer to two hundred thousand. So it's a significant increase in revenue, which helps offset all of the escalation that we're seeing due to inflation. And so that's good for the taxpayers of Naples. They're also offering a very competitive rate on what's called a band loan and a TAN loan. So a TAN would be a tax anticipation loan. So if our cash flow position got low prior to the collection of taxes, we can get what's called a TAN loan and they offered really good rates on that and then the ban is a as a bond anticipation note so we can borrow money that's out of sync with the main bond bank and then because the main bond bank only meets twice a year and so we can take a ban loan begin the construction of a project at any time and then either get the loan from the main bond bank in either the spring or the fall, and their increase over the main bond bank is about six-tenths of a percent higher. So the main bond bank is 3.57, so this would be closer to 4.2, but like I said, it allows us to complete a project before we go to the main bond bank. The main bond bank, once we go there, we're locked in, no matter what. Can't pay off early, you're locked in on all the interest, so you kind of say, this is what I need to do something, and if you need less, you end up paying more. So, a band loan in the long run can actually save us money. So, that's very pleased with how those conversations have gone. And so, our goal is to actually have a decision by the end of the week. That's all I wanted to talk about tonight. [14:02] Select Board member: Any board members have anything for the town manager? Colin, you got anything? No, I'm good. Seeing none. We'll move on to public participation. Anybody here in the audience wishing to speak before the select board tonight? Hi Ed. Hi Ed. Hi Ed. In the paper was a thing to bid on the groundwork on the new facility. Do we have a DEP permit yet? No. How can you get a bid on it without knowing what you've got to do? Because all of the questions for the DEP permit have been answered. We're just waiting for the signature. So they're not going to change, they're not going to tell you to get a haul in and pull 500 yards or something like that? Their biggest concern with the DEP and the Army Corps of Engineers was the wetlands, supposed wetlands. Right. Which we're not touching that anyway. Yeah, we're not cutting any trees in the wetland. We're not filling any wetland Yeah, just want to make sure we ain't got the hospital cat. Okay, I don't believe we do. Okay. Anybody else from the public? Moving on to adjustments to the agenda. Anything you guys want to move on the agenda? Pretty cut and dry. Colin, anything? Number eight is approval of license permits, new business license for Fitzy's bait-and-tackle. I need a motion in a second. Any discussion? All in favor? Hi, Colin. All right, five zero. Well set on the old business or anything that came up you need to add, Randy? No good business. 10 a, the town manager and treasurer we request authorization to apply for a line of credit with a lending institution for the two point six five million approved by voters for the Naples Recreation Center. I need a motion in a second before discussion. So moved. Second. Any discussion? Colin, go ahead. I just have a question based on new information tonight about banks and a ban loan. Is it Randy's intention, Treasurer's intention, to look at a ban versus a bond? [16:59] Town Treasurer: Correct. Yeah, it would be a ban. It's a line of credit. So it would be a ban with the bank that we're talking about. And then either in February or again in August, we would convert that to a main bond bank loan deep [17:21] Select Board member: the interest is what really concerns me I guess. Are we gonna be able to see what that'll look like before we sign the agreement? Yep. Anything else? Anybody from the public? All those in favor? Colin. Ivy zoo 5-0 town men manager and treasurer requests authorization to authorize expenditures of those funds in support of planning and building activities for the Naples Recreation Center following the town's bidding policy. So moved. Second. Motion in a second. Any discussion? Yes, Colin, go. Ahead, I'm just curious what this is for. I mean, he's already got authorization to spend money throughout the purchasing policy and the bidding process. Why do we have to grant access again? We're just covering bases for some reason, you want to answer that? I'll give it a shot. Sure. I mean that this is allowing the only the town manager and treasurer to spend those funds, not anybody else, which is which I understand is the way we do business, but you don't want any anticipation down the road that somebody else is trying to spend this money. Okay, they do. We have that. Is that a possibility already that somebody else could spend? No, just covering up by making sure, just covering, run our butts, Colin, that's all. Okay. And I think that was also recommended by the attorney to do it that way. And some of the expenditures will exceed $25,000 right before it goes out to bid. That's correct. Yeah, that's why it says the last line is Towns bidding policy. Any other discussion? All in favor? Aye. Colin, five zero. Vote to approve the general assistance ordinance for 2026 2027 pursuant to 22 MRSA MRS 40351. So move. Second. Motion and a second. Any discussion? Nope. All in favor? Aye. Nope. I'm an aye. I just want to confirm though that this is the one that the GA for the Cumberland County recommended, right? This isn't some different version? Yeah, it flows down from state to county and then to us. Okay. Let's make sure. We're good with a vote of 5-0? We already voted. I know. Vote to approve Joanna Yates as the election clerk. That's what we voted for. We can do all four if you want. I'll read them all. We're going to vote to approve Joanna Yates, Karen Hoxie, is that correct? Hoxie, I think. Patricia Crisco and Randy Lessard as election clerks. Salute. Second. Motion and a second to do all four is a block. Any questions, comments? All in favor? Colin. Under other business, I wanted to discuss with the board that we when we sent out the bid packet for the excavation of the site work at the rec center, in the bid packet it says that the bid will be awarded on October 19. However, that is not our normal meeting night. The first meeting in October is a holiday, which is October 12, and the second meeting would be October 26. I'm recommending that we move our 26 meeting to the 19th and only have one meeting in October. You guys good with that? I am. Charlie? Yeah. Billy? No. Colin? So I'm okay with moving that meeting, but I think if you're trying to meet the bid package requirements, that's not going to fly. The bid packaging RFP process that Randy laid out, I think in June, stated we were going to open the bids one day and then approve them the next meeting. So first meeting, open them. Second meeting, approve them. So if you're trying to meet a deadline of some sort, moving to just the 19th to award that package is not going to happen. So as all the other bids in this town, they are opened by a committee and a recommendation is brought to the Board of Selectmen. And I believe that's what the thought process is with this one. So that's not what Randy laid out last time. I have that. He stated, it's in the meeting minutes, he stated out that the first select board meeting will open the bids the second select board meeting we approve and award the bid. What is it? What does it say? You have the wording of the bid document? This is what was told us in a meeting said once bins are received they will be opened at the appointed time during the next available select board meeting. No reward will be made at that meeting as references will be contacted and background checks will be conducted. Once the vetting process is complete the talent manager will make the recommendation to the select board at the next regularly scheduled board meeting select board meeting and the select board will vote to award the contract. So it included two meetings all right. So if that's the case I keep the 12 and move to the 19th if you're trying to meet some deadline or some sort of if you want 12 is a holiday. I don't care the 12th is a holiday column that's that's what I was trying to avoid [23:11] Town Treasurer: it was a holiday and the plan is to open them the week before do the vetting and then when we come in on the 19th is make the recommendation. What was the book? What was it? What do they do? What about the bids do read the bid package they're due on I believe they're due on Monday [23:33] Select Board member: 12th 13th they're due on the 13th yeah so once but once again that's not a select board meeting [23:41] Town Treasurer: the select board normally doesn't open the bids correct but that's That wasn't a vote. That wasn't a vote. That was me telling you about what the process [23:52] Select Board member: was. We had a question about it and you said this was what the process was going to be. That's what we told the taxpayers. And now when we want to adjust things to our timeline, we just delete everything we talked about. That's all. So I don't have any problem With opening the bids on the 19th and approving, awarding the bid on the 26th. Twenty-four. Twenty-six, I think. Fine with that. I just want to make sure we're doing what we're saying we're doing. I just want to be there for the opening. If I can, yeah. Does the bid packet say that we are going to open them on a certain day? It does. And what was that day? [24:35] Town Treasurer: I don't have the bid package in front of me, but I'm pretty sure it's the 13th. 13th and then it was going to be awarded on the 19th. [24:45] Select Board member: So the bids are due on the 13th, I believe. [Town Treasurer: So yes, he] voted on that policy, he recommended it, we voted, and we said that's the way it has to be, or that was no, but it's what you told the taxpayers was going to be, right? But we could be, if it's not in writing, or it's not like a legal binding, it isn't writing, if we then sign the document saying this was the meeting in this saying this is what we said was going to happen, that's the argument at that point in time. Why even sign the document for these anymore if we're not saying what we talked about is what we said happened, but we can say something new right now, right, and then sign it in our next minutes from the next meeting, but it says that we can't change what this is, something new tonight, right, can't wait. I'm just saying I get where you guys are coming from, we do want to be transparent and we do want to honor what we're set telling the taxpayer. I'm not trying to get away with anything here, I'm just saying I don't know how binding is this policy that you guys are trying to stick to right now. It's not, I don't think it's binding at all, again, it's just what we're telling people. If we're gonna change it every other meeting, it doesn't make sense to even talk about it. What are we doing, we're just gonna rubber-stab shit or moving stuff just to meet timelines for certain things. There's also just a general this is how we're hoping it's gonna go and we're gonna roll with that accordingly. It's not, I don't, I don't see it as being as malicious as what I think, it's malicious, I just think that we're telling people things that we need to stick to what we're telling people, and if we need to adjust it and adjust schedules or meetings, then let's adjust them. If there's some time frame that we're not aware of, we need to meet by the 19th let's just adjust fire well that's that's what Kevin is saying I think is it wasn't a legal binding vote that 's what we was going to do so if we if we said that in a meeting and signed the document like Billy says Kevin's question is why can't we say tonight what we're going to do and sign that document. It wasn't a vote on what Randy said. And either way, Colin, I'm okay with Randy notifying all the bidders and saying that we're not going to open until the 19th and award it on the 26th. It doesn't matter to me. Do they care? Do they need to know when we open them? What do they care if we open them or not? A lot of times bidders will show up to the opening. [27:36] Town Treasurer: So the submission deadline was Tuesday, 10-13, with opening will be done at 10-14, and then the contractor board will be on 10-19. [27:55] Select Board member: I don't think we need to waste too much time debating this, if it can work anyway, the way Teddy says. My question, my thing is that we said it would be done at a select board meeting. I base my schedule around select board meetings, and then we move stuff to meetings that I can't vote at, because people want to move the goalposts. I mean is that a realistic timeline anyways? You're saying you're gonna open them on the 14th? That gives you two days? Thirteen. To vet check? Or you said they're doing the 13th open on the 14th? Yeah, open on the 14th. Open on the 14th. We said the select board would be the ones who picked the contractor, but then we decided to warn the contractor on a date we don't actually ever have a select board meeting. That's the problem with the whole concept. Not only that, seems like a tight timeline when you're open on Wednesday or close on Friday so you're gonna bet [28:52] Town Treasurer: how many companies in two days we need to call some references on whoever we think the winner is and then we need to run a credit check the credit check takes about five minutes so it's more about calling the references any [29:13] Select Board member: I think Priscilla has something to say there. [29:14] Town Treasurer: We've got five days. Priscilla. You're [29:21] Public commenter: Right, Bill. Around town, the word is that you go to a select board meeting, and you discuss something, and you get one answer. And you turn around, and you guys go on to something else. You cancel that, and you do it another different way. So they say, why don't you even go to a select board meeting? And this is the way a lot of people feel in town. I'm sorry to tell you that, but that's just exactly Why can't you, whatever, you said you'd do it on a certain date. Do it on a certain date. [29:54] Select Board member: I'm sorry. Award it on the 26th. Bill's right. Open it and award it on the 26th. Open it on the 19th. Well, yeah, open it and then do the awarding on the 26th. How many did you send out? To that point, it's not on our website still. Companies that do AI checks and just scan the website for internet for bids. How much of an effort would it be for you to notify the 13 companies and let them know that we're not going to open until the 19th? I'm fine with that. But again, it's up to the rest of the board. It ain't up to me. [30:49] Public commenter: I'm fine with whatever. [31:01] Select Board member: So why don't you go ahead and notify the 13 companies you sent to? Let them know that they're not going to be open until the 19th and awarded on the 26th. I recommend it on the meeting of the 19th because it is a different night than our regular scheduled meeting that 's the only thing on the agenda Regular agenda on the 26th Does that mean the bids aren't due until the 19th? No, the bids are already advertised that they're due on the 13th. We're good with that? Okay, and that's in that same Note I guess Ted can we get it advertised on our website under our RFP and bidding process page? a note that says that same thing 19th and 26th yes Colin can you can that be [32:04] Public commenter: done I was taking care of it tomorrow with Randy [32:06] Select Board member: Kenny will take care of that tomorrow thank you any emotions with your all in favor hi Colin all right 5-0 thank you everybody