FARMINGTON – Beginning at 6:30 p.m. tonight, selectmen will be discussing a policy approved at their last meeting that bans all political activity on town property before residents will vote on nearly a half dozen articles at a special town meeting scheduled for a 7 p.m. start in the Bjorn Gymnasium at the Farmington Community Center on Middle Street.
At their June 9 meeting, three of the five selectmen voted to approve a new policy that, “the Town of Farmington to prohibit any political activity, including but not limited to, petitioning, signature gathering, and placement of campaign signs on any property owned by the Town of Farmington. The only exceptions to this policy are those activities that are allowed in accordance with state law (21-A M.R.S.A.) at the Community Center on Election Days.”
Selectmen were responding to a complaint from members of the Old Crow Band who were approached by a person trying to gather signatures for a petition seeking to repeal the same sex marriage law. While the band was on a break, a woman climbed up the steps of the gazebo in Meetinghouse Park where the band plays every Monday night in the summer and tried to solicit signatures.
After receiving the complaints, Town Manager Richard Davis drew up the policy and brought it up at the selectmen’s meeting under the last agenda item, “To discuss other business.”
Supporters of the ban argued there are plenty of other places for political activities to take place in town, while opponents worried that the policy went too far in that it also restricts the right of free speech.
Following the vote, Davis sought a legal opinion from the Maine Municipal Association and announced that the ban would not be enforced until the policy is reviewed by an attorney.
In a letter to Davis, MMA attorney Richard P. Flewelling wrote that after reviewing federal case law regarding protected speech on public property, “I strongly recommend that the selectmen’s policy be rescinded as soon as possible.”
In his opinion, Flewelling said “the First Amendment guarantees the right of free speech, especially political expression. This right has long been held to be a fundamental right. Consequently, any governmental restrictions on the exercise of free speech are subject to strict judicial scrutiny – they will be upheld only if narrowly tailored to accomplish a compelling governmental interest, such as protecting public health or safety.”
He advised that if selectmen want to adopt a policy that limits political or other expressive activities on town property, a narrowly tailored policy needs to be crafted “that will pass constitutional muster.”
“In my opinion, a blanket prohibition on all political activity on town property cannot possibly meet these constitutional tests. It is the equivalent of a meat clever where a scalpel would do,” Flewelling said.
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Voters will decide a variety of issues at the special town meeting tonight including a citizen’s petition to revisit of the question of giving $5,000 to the Abused Women’s Advocacy Project. That original funding request for AWAP was voted down at the annual town meeting in March, with the majority of the budget committee members and selectmen recommending the agency not receive funding this year as it traditionally has.
A petition to asking that an article requesting that $5,000 be added to the next special town meeting warrant was circulated with a total of 426 Farmington residents’ signatures gathered, supporters said. The total number of signatures needed to force an article’s inclusion, according to law, is 10 percent of the total number of voters casting ballots at the last gubernatorial election. Since 3,600 residents in Farmington voted then, 360 signatures are needed.
At the town meeting in March, those voicing their opposition to the funding said AWAP had a disproportionate amount of money going toward administrative costs when compared to the number of Farmington residents it served. Others noted the lack of an AWAP representative attending the meeting was interpreted as there simply wasn’t interest in the town’s funding.
Voters will also be asked to approve amendments to the town’s Shoreland Zoning Ordinance in order to get in line with the state’s requirements.
Shoreland Zoning Ordinance Modification Factsheet
● There is only one new wetland, in the extreme northwest corner of Town, being added to the Shoreland Zoning map, which currently contains 27 wetlands that have been zoned since 5-6-91.
● Eight of the wetlands currently zoned by the Town, in addition to the new one noted above, have been identified as moderate/high value by Inland Fisheries and Wildlife (IF&W) and the Department of Environmental Protection (DEP), and these must be zoned Resource Protection (RP).
(Six of these are currently zoned Agriculture & Forest (AF), one is currently zoned Limited Residential (LR), and one is currently zoned RP. As the Land Use Table reveals, most uses will remain allowed in RP, with several requiring Planning Board or CEO review.)
● Single family residences will now be allowed in Resource Protection, Stream Protection, and Agriculture & Forest Districts with Planning Board approval.
● There will be three timber harvest options – 40 percent removal, 60 SF basal retention, or outcome based – providing land owners greater flexibility.
(The current standards stay in effect until 252 of the 336 Towns with the highest harvesting activity between 1992-2003 adopt the new standards.)
● While there is a new limit of one recreational vehicle per new private campsites in the Shoreland Zone, there is no limit in the ordinance limiting the number of people occupying a private campsite.
According to Steve Kaiser, the town’s code enforcement officer: “here I referred to their being no limit on the ‘number of people occupying a private campsite’ – speaking to the anecdote made at Town Meeting of someone not being able to have a wedding party or such event with a large number of guests. As you’ll note from the definition in the ordinance of ‘Individual Private Campsite,’ it is stated that such be ‘developed for repeated camping by only one group not to exceed ten (10) individuals…’. Repeated camping is a wholly different activity than having an event that would cause occasional occupancy by more than ten people. Yes, there is a limit of ten people per individual private campsite for the purposes of repeated camping, but no such limit on the number that can occupy such a campsite for an event other than ‘repeated camping.'”
● The Planning Board received the draft Shoreland Zoning Ordinance revisions on 10-27-08, and the Board of Selectmen first reviewed the draft at their 11-25-08 meeting.
● A Public Hearing was held to review the draft updated Shoreland Zoning Ordinance changes at the Planning Board’s 2-9-09 meeting.
● The Board of Selectmen reviewed the draft again at their 2-10-09 meeting, including seven changes made to the draft based on public input at the 2-9-09 hearing.
● On 2-11-09 a memo was mailed to all landowners affected by the one new wetland and eight other existing wetlands being designated moderate/high value by IF&W and DEP and therefore now in the Resource Protection district. 3/12/09.
Also on the warrant is the proposal to allow up to two town employees serve on the budget committee provided they abstain from voting on the budgets of the departments they are employed.
Voters will also be asked to approve a grant and loan to fund pump upgrades and sewer main replacement. The Department of Agriculture has agreed to cover 70 percent of the project, with a low interest (2.75 percent) 30-year loan of $300,000, for a debt total of $444,510.
The last item asks for authorization from voters to exchange quit claim deeds with Jon and Lois Bubier in order to re-establish agreed upon property lines. The Bubiers purchased property on Front Street and want to take down the old garage near the parking lot entrance to the Narrow Gauge Theater in order to construct a building with office space and a bar downstairs.
