BOARD OF SELECTMEN MEETING MINUTES
MONDAY OCTOBER 15, 2007 7:00 PM
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE TO THE
FLAG: Chairman Lawrence House called the meeting to order at 7:00 pm
and the pledged of allegiance was said. Those present were Mr. Angelo
Terreri, Mrs. Jody Goodwin, Mr. Kurt
Youland, Mrs. Joan Bryant-Deschenes, Town
Manager Eva Leavitt, Representative Ernie Deluca from FPL and Bill
Campbell. Also present were several residents with interest.
2. ADJUSTMENTS TO THE AGENDA: Town Manager Eva
Leavitt requested an item be added to the Managers' business
regarding the appointment of an election warden for the November 6th
election, which the Board agreed to add.
3. REPRESENTATIVE FROM FPL - DISCUSSION CENTER
BRIDGE ROAD BOAT LAUNCH: Mrs. Leavitt introduced Mr. DeLuca
and Mr. Campbell to relay information regarding proposed improvements
to the Center Bridge Boat Launch area. Mrs. Leavitt also noted that
Mr. Campbell was the recreation manager for FPL when resident Paul
Varney who is now deceased first addressed the Boat Launch area. Mr. DeLuca
began the discussion be referencing plans for several of FPL's land
areas involving Turner, Leeds, Greene and
The plans to date may include a courtesy dock,
additional parking spaces, some new picnic tables, and, Mr. Campbell
offered a cost estimate based on his home town area of approximately
$1,500 annually. This fee he explained covers the costs to maintain
the area, taking the docks out in the fall and putting them in in
the spring. Mr. Campbell noted additional plans for areas further
down stream and noted concern that the local fire department
maintains their present policy of requiring a permit for campfires.
Mrs. Goodwin noted that the free camping allowed on the islands
doesn't appear to be taken advantage of by kids out there having
parties, and Mr. Campbell noted there were problems years ago, but
nothing in recent years. Mr. Campbell noted that, in the event of
expense incurred due to weather in excess of $1500, FPL would step in
and cover those expenses.
Mr. Youland questioned whether or not Leeds and
Greene were interested in the proposal, and Mr. Campbell noted that
both Leeds and Greene have been contacted, and
Mrs. Leavitt then referred to a request submitted
by Chairman of the Planning Board, Jeff
Timberlake requested that the Board consider having a combined
meeting of the Board of Selectmen, the Planning Board and the Budget
Committee before making any kind of commitment to the project.
Discussion that followed included a request for a
time frame that may be attached to the request, which was noted by
Mr. Campbell to be November 28th, however,
Mr. Campbell noted that this deadline is for FPL to provide an
outline of their plan, which will include having contacted the Town
of
There was some discussion to compare portable
toilets vs. other types of sanitation systems, which would involve a
holding tank. Mrs. Goodwin noted also that perhaps the Bass Masters
would make a contribution to the boat launch area as they conduct at
least 2 tournaments each year and would greatly appreciate facilities
on the premises. Mr. Campbell assured the Board that a decision
wasn't necessary immediately, however, he
did request a letter from the Town to acknowledge that consideration
is being given to the project, and that budget items would also be
discussed. The Board of Selectmen will invite the Planning Board and
the Budget Committee to their November 19th meeting to discuss the
proposal. No further action at this time.
4.
An overall review of the proposal as submitted
raised several questions from the Board regarding what aspects are
included for which price as outlined in the proposal. Mr. Youland
noted that the Town could hire someone to survey the lot and properly
mark the boundaries, and, that there are several qualified loggers
locally who could do the actual harvesting. Mr. Youland also noted
that he felt 15% of the timer harvested is too much to pay and
followed that with a motion to offer 10% of the timber sales, no
second was made to his motion; and the motion failed. Following some
additional discussion, Mrs. Goodwin made a motion to invite a
representative from New England Forestry Consultants, Inc to meet
with the Board to answer questions; and Mr. Youland made a second to
the motion; and the vote was unanimous. Mrs. Leavitt will invite
someone to explain the proposal as submitted.
5. L/A POLLUTION CONTROL FACILITY CONTRACT -
DISCUSSION: Mrs. Leavitt noted to the Board that the contract before
them is an event that occurs every five years; and, she noted that
the Town of Leeds has not signed one of these contracts in many years
and have not been refused by the facility. The facility provides
place for local vendors who handle septic waste a place to dump.
Discussion that followed clarified the fee of $250
to be an annual fee for the next five years, which reflects an
increase of $50/year since the last contract.
Mrs. Leavitt clarified that this is a budgeted
item, and additional discussion resulted in a motion by Mr. Youland
to accept the contract for $250/year for the next five years. Mr. Terreri
made a second to the motion; and the vote was unanimous
6. TOWN MANAGERS' BUSINESS: Q & A WEEKLY MEMO:
Mrs. Goodwin commented on how nice the BQMC building is looking with
the recent repair/stain work, and she questioned the work on the roof
and why there are rust stains. Mr. Terreri
noted that the rust stains are from the old roof. It was also noted
that Mr. Bill Dickie who did the
repairs/stain work also painted the foundation which had not been
part of the original bid; and he will use some of the left over stain
to touch up the sign near the road. Mrs. Leavitt noted to the Board
that local electrical Dick Thibodeau has
done some of the electrical repairs necessary and, also Mr. Warren
Palmer has done some other maintenance repairs as outline in the
action plan for the Maine Municipal Association, the Town's insurance
carrier. MUNICIPAL VALUATION RETURN: Mrs. Leavitt noted this document
is one required as a follow up to the Tax Commitment, and Ms. Philipon
added that this document is a detailed breakdown of the tax
commitment. It was noted no approval is required, only signatures.
FINANCIALS: Mrs. Leavitt noted for the Board that the errors
discovered in the revenue and expense statements have been corrected.
Mr. Youland questioned the extra staff members he has noticed with
the Highway Department, and Mrs. Leavitt noted that she is utilizing
part-time temporary funds for these positions to assist with the town
office project. Mrs. Leavitt noted that no Department is in jeopardy
of being overdrawn at this time. The paving & construction
projects for this year have not yet been completed, and Mrs. Leavitt
noted that the
Mrs. Bryant-Deschenes
inquired about the telephone poles on Merrills
Mills Road and when they may be removed noting that all wiring has
been removed from them. Mrs. Leavitt noted that the highway
department was waiting for confirmation from Central Main Power for
their removal; and noted the process would be complete before snow
flies. Mrs. Goodwin questioned what the town might use old poles for
and it was noted they are used to identify parking at the Town Beach
Lot, among other things.
Mrs. Leavitt then inquired if the Board would
discuss action taken at an earlier meeting regarding the transfer of
funds from TCA to the Leavitt Institute Building Committee. Chairman
House noted that the vote as taken by the Board of Selectmen to
transfer money from TCA to the
Mr. House noted that by voting to rescind the
previous action taken; the new action will set the record straight,
and Mrs. Goodwin noted that the action as taken by the Board of
Selectmen to transfer funds from TCA to the
Mr. Terreri noted at
this time that he has never seen or had the opportunity to read the
guidelines for a proprietary fund, and further discussion involved an
acknowledgement from Mrs. Goodwin that the legal opinion obtained
concluded that when the first action was taken by the Board of
Selectmen to transfer money, TCA did not have a formal Board and the
only way to transfer money at that time was by a vote of the Board of
Selectmen. Now that TCA has an established board, money can only be
transferred by a vote of that board. Mr. Youland expressed a need for
more information, which Mrs. Leavitt then inquired what type of
information he was looking for. Mrs. Deschenes
noted that the Board of Selectmen had done a transfer in the past,
which again was acknowledged by both Mrs. Leavitt and Mrs. Goodwin;
and it was noted that the prior action was done when there was no
Board of Directors or by-laws. Mr. Youland then questioned how the
Board of Selectmen could agree on behalf of the Institute Board of
Directors to take less money?
Mrs. Leavitt then noted one thing to consider is
the inexperience of a new town board, and she noted also that at this
place in time there are not a lot of unsettled feelings, just an
attempt to make things right and correct. Mrs. Goodwin then noted
again that the legal opinion obtained from Maine Municipal
Association indicated that the Board of Selectmen had no authority to
transfer funds, and that the town records should be corrected. Mr. Terreri
noted that it was difficult to obtain the money from TCA the first
time. There was then some discussion regarding obtaining yet another
legal opinion from the Town's Attorney before taking any further
action, and Mrs. Leavitt questioned whether or not a need exists to
expend additional money in legal fees. Mr. Youland responded that he
felt there was no need to spend any more time on this issue.
Mr. Terreri then
questioned if TCA was simply going to authorize the funds to be
transferred, then what's the issue? It was
noted that action from the Board of Selectmen would be an
acknowledgement of a mistake and correct it on paper. Mrs. Goodwin
also noted that the Town records now reflect an illegal action taken
by the Board of Selectmen, and, without a reverse action, the
permanent records will remain a reflection of the action as taken.
Mr. Youland noted that he wasn't convinced that the action taken by
the Board was incorrect. There was then discussion regarding the
legal opinion received by Mrs. Bryant-Deschenes
which she indicated was shared with the members of the Board. Mrs.
Leavitt noted that she did share an e-mail of the opinion from MMA
that was sent to Mrs. Bryant-Deschenes.
Mrs. Bernice Gilbert, member of the Leavitt Institute Committee
questioned if the money as agreed to be paid by TCA to the Leavitt
Institute could be done on a monthly basis? Mrs. Leavitt indicated
that she was of the opinion the money would be disbursed quarterly
and Mrs. Gilbert asked if the money could be done monthly instead,
which Mrs. Leavitt will inquire about at the TCA next meeting.
Following this discussion Mr. Youland noted that it was his opinion
that this matter should be left the way it is until and if it is
challenged. Mr. Youland then made a motion to move to the next issue
and Mr. Terreri made a second to the
motion; and the vote was four in favor, Mr. House, Mr. Terreri,
Mr. Youland and Mrs. Bryant-Deschenes, one
opposed, Mrs. Goodwin.
7 CONSIDERATION OF ANY OLD BUSINESS: VACANCIES
TCA/BUDGET COMMITTEE/ZONING BOARD OF APPEALS: Mrs. Leavitt noted that
no one has stepped forward to fill the vacancies on TCA, however, two
people have expressed an interest in the Budget Committee, Mrs. Mary
Briggs and Mr. Ralph Caldwell; and Mr. Winston Gilbert Jr
has applied for consideration on the Zoning Board of Appeals. Mr.
House explained that at their previous meeting the Board was tied for
consideration of the vacancy now on the Budget Committee and, as a
result of that he polled the remaining members of the Budget
Committee and was able to reach seven of the existing members and
five of those seven expressed a desire to have a woman appointed to
the committee.
Mrs. Bryant-Deschenes
expressed her disappointment that a vote was taken at the previous
meeting and Selectman Kurt Youland stated that he previously worked
with Mr. Caldwell on the Budget Committee for thirteen years and
noted Mr. Caldwell knows the budget process very well and can bring a
level of experience to that committee that Mrs. Briggs can't.
Following this he then made a motion to appoint Mr. Caldwell to the
Budget Committee, and Mr. Terreri made a
second to the motion; and the vote was 3 in favor, Terreri,
Youland, Bryant-Deschenes and two opposed,
House, Goodwin and the motion passed. Mr. Terreri
then made a motion to appoint Mr. Winston Gilbert Jr
to the Zoning Board of Appeals and Mr. Youland made a second to the
motion; and the vote was unanimous.
Following this Mr. Youland questioned if the Board
members might consider moving the meeting time ahead during the
winter months from 7:00 to 6:00 pm. Mrs. Goodwin indicated that 6:30
would work better if the time was to change, and Mrs. Leavitt
informed the Board that if the meeting time were to change a public
notice would need to be placed in the local paper. Following some
limited discussion Mr. Youland then made a motion to leave the
meeting time at 7:00 pm and Mr. Terreri
made a second to the motion; and the vote was unanimous.
8. CONSENT AGENDA: Mr. Youland reviewed the
disbursement warrants, and with one correction recommended their
approval. There were two requested amendments to the minutes from
October 1, 2007, which will be made. Mrs. Bryant-Deschenes
will review for 11/5/2007. There were no Veteran's Exemptions and no
abatements or supplements to consider. Mr. Terreri
then made a motion to approve the consent agenda with amendments and
Mrs. Goodwin made a second to the motion; and the vote was unanimous.
9. EXECUTIVE SESSION: None needed
10. ADJOURNMENT: Mr. Youland made a motion to
adjourn at 9:07 pm and Mrs. Goodwin made a second to the motion; and
the vote was unanimous.
Respectfully submitted:
Sandra L Philipon
Assessing/Office Assistant