TOWN OF LISBON NOTICE OF PUBLIC HEARING PLANNING BOARD

TOWN OF LISBON

NOTICE OF PUBLIC HEARING

PLANNING BOARD

The Planning Board will hold a public hearing at 7 P.M. on May 24, 2012 at

the Lisbon Town Office 300 Street Lisbon to hear the following; Conditional Use Permit Application(s), Subdivision Permit Application:

Conditional Use Permit Application :

Case # 11–0 Applicant: Premier Development

Property Location: 175 Lisbon Street Lisbon

Tax Map: U21–6

Zone: Commercial

Intended Use: Construction activity that has been

on going. land leveling, ETTI use for

their work and development.

Conditional Use Permit Application:

Case # 11–08 Applicant: Open Door Bible Church

Property Location: 27 Gartley Street Lisbon

Tax Map: U16–1A

Zone: Diversified Development

Intended Use: Self Storage Facility (Storage rentals)

Subdivision Permit Application:

Case # 11–09 Applicant: Wayne Ricker

Property Location: Mill Street, Lisbon

Tax Map: R5–41

Zone: Rural Residential/Resource Protection

Intended Use: Subdivide three(3) lots.

This building is handicapped accessible.

Recap Town Council Meeting - May 1st‏

RECAP TOWN COUNCIL MEETING – MAY 1^ST

At Tuesday night's Town Council meeting there was a Public Hearing on changing the Comprehensive Plan to change Gartley Street zoning from General Residential District to Diversified. The Open Door Bible Church had numerous members there who spoke in favor of approving this zoning change. The members brought out the importance of approving this zoning change to allow the church to rent the storage unit out in order to raise sufficient funds to build a gym for their students. However, the issue was never about the kids but whether or not the changing of the zone was legal. 

 I did some research and found a Superior Court Case DocketNumber CV-98-124 involving Old Town which after reading the findings I am absolutely sure the approval of the zoning change on Gartley Street is considered “spot zoning” which is a violation of Maine law. I presented this information to the council along with the definition of “spot zoning”.  “Spot Zoning is the application of zoning to a specific parcel of land within a larger zoned area when the rezoning is usually at odds with a city’s master plan and current zoning restrictions.” I recommended that the council table their vote until they had an opportunity to review the court case. However, Chairman LaRochelle stated the town had received a legal opinion stating it was not “spot zoning” and the council voted 5-1 with Councilor Mason recusing herself.

During Audience Participation of the meeting, I spoke on three subjects: (1) Why are we holding onto the Communications Center when they are performing a County function and therefore should be under the control of the County? The taxpayers of Lisbon are paying a yearly County Tax of $597,198.00 and receiving absolutely no benefits/service for this amount. Any consolidation of dispatch should be under the control of the County and the taxpayers should ONLY pay for the services received. We could save the taxpayers of Lisbon over $500,000 tax dollars a year if our communications center was turned over to the County. 

If the County decided to utilize the Lisbon Communications Center the town could charge a rental fee to the county for the spaces. Allowing Chief Brooks to manipulate the situation to expand his empire is just wrong. The town council’s responsibility is to do what is best for the citizens of Lisbon and spending more on this communication center than is necessary is a waste of taxpayers’ dollars. Keep in mind, the citizens of Lisbon receive no services or benefit for tax dollars spent on County Tax.

(2) I took the figures the town issued to the Public for the municipal budget ($8,033,639.73) for last year with last year’s school budget ($5,177,171.00) and added these two numbers to get the total 2012 budget ($13,210,800.73). The town charter (Sec 86-1) states the undesignated fund balance has to be 12.5% of the total general fund balance which should be $1,651,350. I received an email from the town manager stating the balance in the undesignated fund is $1,184,499.00 which means the town is SHORT $466,851.00. The undesignated fund is utilized to cover emergencies and to ensure the town can operate for at least six weeks.  

When Eldridge became town manager there were over three million dollars is this account. Where did our tax dollars go? I have tried to verify this information but every time I ask the town for the numbers I get different numbers so I can only go on the numbers the town published to the community.

(3) The reevaluation presently being performed is stored on a separate computer by Mr. Van Tuenin. I pointed out to the council the need to have redundancy of the data. Computers have a mind of their own and crash when you least expect it. I explained the importance of backing up the data and checking the backup for integrity in case we have to restore the data from a backup. The town has paid for this data and it needs to remain with the town at all times.

I left the meeting at this point because I have listened to Brooks lie time and time again about the Dispatch coming to Lisbon and its advantages. There are no real advantages. The only reason Brooks wants the dispatch to come to Lisbon is to expand his empire. The problem with this is it will cost the taxpayers more tax dollars than if they were to consolidate with Lewiston/Auburn 911. We currently are paying County Tax and receiving nothing in return.

David T. Brooks’ legacy is; "He will be remembered as the most corrupt law enforcement officer in the State of Maine." He has demonstrated this over and over again from covering up the loss of the $32,500 dollars to protecting his friends for violations of the law. Brooks selects which laws to enforce and for whom. A true law enforcement officer would enforce the law equally for all. In this country justice is for all. I am sure each and every one of you can relate a time when Brooks did a favor for his friends or covered up a situation.

Larry Fillmore

Concerned Citizen

Last Night's Planning Board Meeting Recap

PLANNING BOARD MEETING – APRIL 26^TH

At Thursday’s night Planning Board meeting, the Planning Board held, as part of this meeting, a Public Hearing on two issues: Case #11-06 Swift Demolitions Co. Demolish and Remove Existing Building at the Old Masonite Fiber Board Site in Lisbon Falls and the Comprehensive Plan Amendments, specifically for limited commercial uses for properties directly abutting Route 9 in Lisbon Falls.

Also the Planning Board Regular meeting dealt with these two issues and Case #11-05 Site/Plan/Subdivision Final Plan Application: Premier Development LLC Develop a Commercial Park. Both Cases 11-05 & 11-06 were passed by a vote of 5-0 with little or no discussion. However, the Comprehensive Plan Amendment was a totally different matter altogether.

During the Public Hearing on the Comprehensive Plan Amendment, there were members of the audience who spoke against the proposed changes. Roger Cote, David Bowie, Dot Fitzgerald, Mark and Curtis Lunt all presented arguments against the proposed changes. Each of these individuals provided insight as to the damage being done by allowing businesses on Route 9. It was brought out the businesses on Route 9 have been in violation of the current ordinances for a long time. The policy in effect throughout the town is; it is better to ask for forgiveness rather than ask for permission. 

No one wants to prevent people from earning a living or supplementing their income by operating a business from their residence but the town has ordinances in order to protect the environment and the investment residents have put into their homes. Rural Open Space 1 was established to protect the rural environment and a peaceful lifestyle. Allowing limited commercial in Rural Open Space 1 will destroy both the environment and the rural lifestyle.

Everyone agreed this current situation was a direct result of the Code Enforcement Officer not performing his duty. However, in all fairness to Mike Cote, it is the Town Manager, Stephen Eldridge, who is not enforcing the ordinances of the town of Lisbon. Eldridge has on several occasions reversed Mike Cote trying to enforce ordinances. Mike Cote is close to retirement and will lose his retirement if he tries to enforce any ordinances without Eldridge’s prior approval. Eldridge protects his and Brooks’ friends. They both protect and make exceptions for town councilors such as Gina Mason and Lori Pomelow. These two councilors receive preferential treatment.

It is a known fact; the town of Lisbon is operated on favoritism and not in accordance with the law or ordinances. The laws and ordinances are not applied evenly throughout the town. Brooks and Eldridge enforce only what they want to in order to protect their friends. Law abiding citizens are actually penalized for following the rules. In some cases, citizens are actually put at risk by the police not enforcing speed limits and stop signs in residential areas.

Some residents, who were operating a small business at their residents, were in fact ordered to close the business when others were allowed to continue operating a small business from their residence. This is called discrimination and the courts take a very dim view of this practice. Eldridge and Brooks have placed the town of Lisbon in a very compromising position.

The town has been collecting personal property taxes on these businesses on Route 9 for years. This means the town has acknowledged that these illegal businesses were operating but wanted the revenue instead of enforcing the town ordinances.

There was no one who spoke in favor of the proposal and so the Planning Board voted 4-0 with one abstention to table the Comprehensive Plan Amendment. A representative of AVCOG was present but could not offer any solution.

Stay tuned for more to come on this situation.

Larry Fillmore

Concerned Citizen

It Is Not Water Over The Dam Anymore With Lisbon's Leaders

WHERE IS OUR LEADERSHIP

As most of you are aware, the Town Council is elected by the people of Lisbon. This council has clearly demonstrated it is controlled by one councilor, Bowie. What most of you may not know is that Bowie is controlled by Brooks. The council (Bowie) selects individuals to fill different panels and committees. These panels and committee are made up of ONLY “YES” men and women loyal to Brooks and Bowie. This has been demonstrated on numerous occasions, some of which are outlined below:

Let’s start off with Councilor Gina Mason and her husband Rick. Gina took office and signed an oath to obey the Constitution, Maine laws and more important the town ordinances. At the time she signed this oath Rick Mason was operating a business out of their residence in a Rural Open Space District. This was a violation of town Zoning Ordinances. 

In an attempt to correct this situation Rick Mason submitted to the Planning Board an Application for Conditional Use siting 70-353-3-G as the reference. Section 70-353-3-G states and I quote “Temporary construction, excavating, fabrication or processing.” The Planning Board approved this request on March 11, 2011 without setting an expiration date for this temporary condition. Without an expiration date, this action is permanent.

When questioned about this exception to the zoning ordinance, Mr. Potvin stated the Planning Board is not required to establish an expiration date because this provision does not have temporary in front of excavating. The entire exception is temporary because it states “OR” at the end meaning, all of these conditions are temporary. 

However, because a Councilor was involved the Planning Board looked the other way in order to justify their decision. There is no way the Planning Board will ever admit to violating their own rules to accommodate a Councilor.

Now let’s discuss the latest screw-up by the Planning Board. After over three years of debate and word changes the Town Council finally approved the Wellhead Protection Ordinance. This critical document details requirements to protect the Town of Lisbon's water supply. 

 The Wellhead Protection Ordinance was reviewed and approved by this very Planning Board. Last month there was a proposal before the Planning Board to establish an emergency access road through Zone 1 of the Wellhead Protection Ordinance. This is a clear violation of the Wellhead Protection Ordinance and Paul Adams, Water Department Director, pointed this violation out to the Planning Board in a Public Hearing. 

This is the first challenge to the Wellhead Protection Ordinance since it was enacted and what does the Planning Board do; but to vote to violate the Wellhead Protection Ordinance. Many thanks to the individuals who proposed the emergency access for getting with the Water Department and providing an acceptable work around to safeguard the town’s water supply.

These acts are in violation of our ordinances which these individuals are entrusted to protect. However, instead of performing their duties in the best interest of the Town of Lisbon; these individuals do what they are told to do. The Planning Board has demonstrated they are “YES” men and will do anything regardless if it is in violation of town ordinances or not.

Why do we have ordinances if our leadership is not going to enforce them?

Where is the leadership in the Town of Lisbon?

Larry Fillmore

Concerned Citizen

Recap Of Last Night's Town Council Meeting

RECAP April 3rd

Last night’s meeting was a very historical event for the citizens of Lisbon. The Chairman Fern LaRochelle and the council added an additional line item called “Audience Participation Responses”. This line item is where the council responds to the questions asked at the previous meeting. The people have always asked for answers and now we have it. I personally want to commend and thank this town council for adding this valuable means of communication to the agenda.

Who is the Chief Administrative Officer for the Town of Lisbon? 

As the Town Manager, all requests for Freedom of Access Acts should be signed by the Chief Administrative Officer since he is the sole Custodian of Public Records for the Town of Lisbon. If the Town of Lisbon is denying the information requested, it should be signed by this Council and not a Town Employee since this action could result in a lawsuit being filed which will cost the taxpayer tax dollars in legal fees. Right now two individuals, who do not pay taxes in this town, are making decisions which results in tax dollars being utilized to defend their actions.

The response was we hired these individuals to do a job and so we must allow them to do so. My take on this is neither the town manager or town attorney has a vested interest in the taxpayer’s money nor how it is spent. The people elected the council to be responsible for how our tax dollars are being spent and not these two individuals who do not pay taxes in this town. When the charter was developed our town manager resided in Lisbon and paid taxes but this has changed.

Why doesn’t the town manager brief the people on the status of voting on the municipal budget at every meeting like he did on the Lisbon Connection? The people are still waiting to hear when they will be allowed to vote on the municipal budget.

The response was the change to allow the people to vote one the municipal budget by department is currently with the town attorney and should be ready for the November 2012 ballot.

What is the status of the $32,500 tax dollars? 

The last time the Town Manager briefed the people he stated the town was seeking to recover the funds in civil court. Has this been filed in civil court? The reason I asked is because the listing the town manager provide the court on all open loans the $32,500 is not on this list. Why is that?

The response was the misappropriated $32,500 dollars is not a loan because the proper procedures were not followed. My take on this is yet another attempt at making this disappear. It was also said it was filed in civil court. I have a copy of the signed Purchase Order, Promissory note and the check issued to Atlantic Commercial Cleaners. It has been stated in the past procedures were lax during this time frame; but if the Finance Officer wrote out a check then that person had to have followed some kind of procedure. Clearly the town is hoping the public will forget about the $32,500 dollars and the incomplete investigation. I believe this is a play on words in yet another attempt to cover all this up.

Please advise everyone on which ordinances we are required to comply with and which ordinances we can ignore?

The response was this is clearly a difficult question to answer and we are looking into it.

The town council vote 6-0-1 with Councilor Mason abstaining to approve the first reading of the proposed zone change on Gartley Street from General Residential to Diversified Development District. Vice-Chair Don Fellows of the Planning Board spoke on this issue and explained the Planning Boards position on this controversial issue. Also former Councilor Cote spoke on how the Lisbon Comprehensive Plan was developed and why. Mr. Cote also made it crystal clear there will be serious issues with the Route 9 trouble being presented by the Planning Board.

Mr. Fellows and the town manager both announced there was going to be a Public Hearing April 26, 2012 with no firm meeting location on the Route 9 changes proposed by the Planning Board. The changes involve “Conditional Usage” to allow for all the businesses currently located on Route 9.

The entire town council meeting will air on Channel 7 at 07:00 PM on Friday night April 6, 2012.

Larry Fillmore

Concerned Citizen

Originally posted: 2012-04-04 20:01

Lisbon Town Management And The Trail Of Conflict Of Interest Broadens

By: Peter Reuter
The Lisbon Reporter

As one who has attended just about all town meetings and workshops I can only say, that I am simply baffled with amazement and complete total disgust with the way Lisbon's leaders are running this nice community into the ground.   The leaders are not doing it alone.  We have all heard them say "it is with the advice of our lawyer" how many times now?

It is no secret that the town's attorney is involved with a questionable 'legal' scheme to "rape the taxpayer's" pockets of every last penny that he can possibly get.  Lisbon's attorney, Roger Therriault has to be the most unscrupulous heathen that has ever practiced law.  Not only did he promulgate, as personal witness, the complete an fallacious attack of local citizens by Lisbon Chief of Police David T. Brooks recently, he has also provided terrible legal guidance for Freedom of Access requests.  Prompting, so far, two lawsuits that the Town of Lisbon has lost because of his representation.


And the current Town Manager, Stephen G. Eldridge, is proposing to raise the town's legal defense fund by at least another $6000 dollars?   Why is it that we as taxpayer's in this once business oriented community have to continue supporting this? 

How about it Councilor Gina Mason. you and your Councilor Co-hort Cousin Dale Crafts must really be proud of the championship that you provided to former EDC Director Rosie Bradley provided on this one.

 What are you all afraid of?  The economy sucks, taxes are going to rise again and we have a 'money sucking pig' that is only looking out for his selfish legacy all the while providing misinformation about the true expenditures of his department's true operating costs.  Yeah you David T. Brooks, Lisbon's so called Chief of Police.  You are just at the top of the list.  It is Long don't ever forget that.


Isn't enough, enough already?  

Larry Fillmore, Roger Cote, Dorothy Fitzgerald, and many others that have stood tall in the past, for you residents, the taxpayers, the youth in this community deserve to be given a lot of credit for their tenacity. For with out them and this median that was created by the Lisbon Concerned Citizens you would be no different  than a mushroom growing in the wild.  Alone and in the dark.

Doesn't it make more sense to have a so called manager that knows how to do their job and not play party to what soon will break as the biggest corruption scandal in Lisbon's history?  I certainly think so. 

But let's take a look at Roger Therriault for the moment.  He as a licensed bar member has a history of sanctions against him by Justice Andrew Horton of Sagadahoc County Superior Court.


What?

Attorney Roger Therriault  of the same fame, as Lisbon's law firm, Therriault & Therriault, a father and son dynamic law-less duo, was representing Bath and West Bath at the same time at trial proceedings during the summer of 2010.  CONFLICT OF INTEREST come to mind anyone?


When:  August 2010
http://www.theforecaster.net/content/m-bathwingfarm-3


Be sure and click on the above link to get the full context of their Planning Board's actions.


Now does this sound like where Lisbon is heading with our Planning Board's recent recommendations?  I certainly think so.


It took Therriault several more months before he ended his involvement with the case.  We are now into November 2010.


On December 15, 2010  West Bath District Court Judge Andrew Horton ordered the case be sent back to the Planning Board.

Ol' Sleepy himself Roger Therriault
"Lisbon's Highly Paid Idiot, earning his money."

But more importantly he 'slapped' the wrist of Attorney Roger Therriault for Conflict of Interest between Bath and West Bath.  You would think the he, being a 'supposedly' noted scholar of Law, would have known that.  Any reasonable person with a sound mind and basic understanding of the Law could have seen that just as plain as someone having egg on their face.  But not ole sleepy Therriault and his quasi legal fees of some $170 plus per hour.  Nope, he only sees the meter running with the dollars of public funding.  Legal monetary rape of the taxpayers once again

After a hearing at West Bath District Court, Judge Andrew Horton ordered the case remanded to the Planning Board, which approved the third phase in April. He had called for similar action in July, prompted by a lawsuit filed in May by Robert and Wendy Johansen in Sagadahoc County Superior Court.

In his first order of remand, Horton also noted that attorney Roger Therriault represented both defendant Bath and applicant West Bath. The judge suggested he was concerned about Therriault's work with both sides.

On Tuesday, Therriault's continued involvement – which ended last month – prompted Horton to send the case back again to the Planning Board, with a new attorney representing Bath.

The new attorney, Patrick Scully of Bernstein Shur, said last week that the Johansens alleged that Therriault had a conflict of interest or that the Planning Board process was conflicted because Therriault is also town attorney for West Bath. The dispute, in part, concerns an access road in Bath that leads to the lots to be developed in West Bath.
"In looking at the merits of that argument, I don't believe that it has any legal significance," Scully said. "... I don't think there's a conflict, and nor do I think that it's an appealable issue, but I think the city concluded that in order to essentially take the issue off the table and to eliminate any further suggestion that there's something inappropriate about that, that they should go out and bring somebody else in to handle the appeal from here forward. So that's why they brought me in."

 http://www.theforecaster.net/node/76656


 http://www.theforecaster.net/node/77614




Another 'blind' attorney covering for his fellow union member?   Do your due diligence and you will see what I mean about that question. They are very similar to a religious cult with their protection for each other.


Bath's saga continued into February of 2011 with Therriault still proclaiming that he did not have a Conflict of Interest.  Yeah right Therriault we know you for the putt's that you really are.


 http://www.theforecaster.net/node/81414


So you see Lisbon Residents, taxpayer's and The Lisbon Reporter reader's you cannot always believe what comes out of the mouths of our leaders.  We are in fact throwing away our money for legal representation that is a complete and total waste of my money.  

How about yours?

Lawless Lisbon: The Home Of "Illegal" Spot Zoning

LAWLESS LISBON

“HOME OF SPOT ZONING”

At Tuesday night's Town Council Workshop, Don Fellows and John Potvin, from the Planning Board,

 Lisbon Planning Board Member Don Fellows

Lisbon Planning Board Member John Potvin

 gave the Town Council a scaled down version of the same presentation on the Gartley Street zoning change and the “Conditional Usages” for Open Rural District 1 (Route 9). 

 Lisbon Town Councilor Mike Bowie

Editor's Note: Hey Mike, is that "Gorilla Glue" you use to keep you toupee and hearing aids stuck to your scalp or Super Glue?

Inquiring Minds Want To Know???

 During the discussion Councilor Bowie asked the town attorney Therriault for his opinion over whether or not this was “spot zoning”. Therriault did NOT provide the council with a legal definition of “Spot Zoning” but instead provided his own rendition of the situation with pure double-talk. At no time did he answer Councilor Bowie’s question. 

This is the method Therrault utilizes to make his money by providing his opinion instead of a legal review. All Therriault sees is “Cha Ching” dollar signs. 

Roger Cote, a member of the audience, offered a legal definition off of his phone but no one was really interested.

“Spot Zoning” is a violation of Maine Law. “Spot zoning is the application of zoning to a specific parcel of land within a larger zoned area when the rezoning is usually at odds with a city's master plan and current zoning restrictions.” as defined by Wikipedia.

U.S Legal definition can be found at http://definitions.uslegal.com/s/spot-zoning/?puslf=gl+defi+Spot+Zoning+Law&gclid=CPvSubba_a4CFegQNAodLVIo5Q

These two definitions clearly define what “Spot Zoning” is and the Gartley Street proposal meets all the conditions as outlined by definition. Double-talk by Therriault will not change the situation but it will open the town to lawsuits and possible sanctions by the state. Both Fellows and Potvin are well aware of the spot zoning definitions and are willing to ignore them.

The Planning Board has a history of ignoring ordinances. At the last Planning Board meeting, they voted to ignore the Wellhead Protection Ordinance and allowed an emergency access strip across Zone 1 of the Wellhead Protection Ordinance. 

 Lisbon Town Councilor Gina Mason

Also, when Councilor Mason’s husband wanted to legalize his business on Route 9, this very board utilized a “Conditional Usage” to approve his request. The only problem with their decision is they cited “Sec 70-353 Conditional Usages, paragraph 3, Other; subparagraph g, Temporary construction, excavating, fabrication or processing.” without an expiration date. 

This now makes this temporary condition permanent. This conditional usage clearly states it is a temporary condition but the Planning Board made it permanent. Is this special treatment for a councilor or possibly English is not their first language?

Why do we have ordinances and laws if they are going to be ignored?

Larry Fillmore

Concerned Citizen