MONDAY NOVEMBER 5, 2007

 

BOARD OF SELECTMEN MEETING MINUTES

 

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 pledge of allegiance was said. Those present were Mrs. Jody Goodwin, Mr. Angelo Terreri, Mr. Kurt Youland, Mrs. Joan Bryant-Deschenes, Town Manager Eva Leavitt, Mr. Don Murphy and Mr. Sherman Small from the New England Forestry Foundation and several residents with interest.

 

2. ADJUSTMENTS TO THE AGENDA: Town Manager Eva Leavitt requested three items to be added to the Managers' Business, which included a note from the County Commissioners' Office, minutes from the Leavitt Institute Board of Directors and a finance report provided by MSAD 52.

 

3. NEW ENGLAND FORESTRY - REPRESENTATIVE: Mrs. Leavitt introduced Don Murphy and Sherman Small from New England Forestry to provide details on the proposal as submitted for management of one of the Town's wood lots. Mr. Small began by noting to the Board that Forester Fred Huntress had assisted the Town in 1994 with cutting this same lot and was able to provide New England Forestry with some background information. It was also noted that a survey was done in 1994 and that some of the boundaries are still quite clearly marked. Mr. Small noted that his initial review of the lot indicates there could be an estimated $21,000 in gross stumpage revenue, which Mr. Small indicated was conservative. Following was discussion regarding the various options available one that involves re-defining the boundary lines and, Mr. Small noted that the boundary lines within 250 feet need to be flagged to avoid any potential errors during the harvest. Mr. Small noted that New England Forestry would handle drafting of the bid specifications and oversee the bid process with the Town.

 

Mrs. Goodwin noted that if a visual inspection has already been done, then what would the difference be for the $300 indicated in the proposal? Mr. Small noted that a more intense visual would reflect what could be done at this time. Mrs. Goodwin then questioned the aspect of Maine Law, which prohibits cutting within 250' of a river or stream and whether or not any activity on the Town's behalf would compromise this? Mr. Small indicated that there is water on the South East corner of the property and there doesn't appear to be any cutting needed in that area. Mrs. Goodwin also questioned if there were any deeryards, other wetlands or other wildlife habitats. Mr. Murphy addressed these concerns by noting there was no evidence of any deeryards, yes there are some waterfowl habitats, but the activity planned won't affect the waterfowl, and the wetland issue is the responsibility of the forester. Mr. Murphy noted the remaining area is dry. Mrs. Goodwin then questioned if a management plan would have any affect on the habitat and Mr. Small noted that some of the softwood along the edge of the parcel would need to be removed. Mr. Small noted that by managing the lot, the Town is simply taking care of those trees that would need to be cut or would simply fall, then need to be removed.

 

Mr. Youland noted that with the estimated value presently and the type of cutting proposed, would the parcel be ready to cut 10 - 20 years from now? Mr. Small noted that the proposal at hand is more of a thinning type of proposal and not a clear-cut proposal. The selective thinning allows re-generation, which will need attention in another 10 - 20 years.

 

Mr. Youland then questioned the 15% figure indicated by New England Forestry for their portion and, if the actual volume increases, does the percentage also increase? Mr. Small assured the Board that the 15% figure would remain regardless of the volume.

 

Mrs. Bryant-Deschenes then questioned the cost to mark the trees and Mr. Small explained that the marking of the trees is to indicate what exactly is to be cut and, until the parcel is marked, a tally is difficult to determine. Mr. Small also explained the Systematic Timber Cruise portion of the proposal by noting that the overall volume of the lot would then be estimated. Mrs. Goodwin then questioned if the Town would be safe and within the law if the Town moves forward with marking the line and the sale of timber? She also questioned if it was possible to find out conclusively about the wetlands. Mr. Small noted that, yes the Town is within the law and that perhaps there may be some existing town maps that identify any wetlands. Mr. Youland then noted that the wood could be cut in the winter months, which will lessen the impact on the surrounding land, which Mr. Small agreed with.

 

Mr. Small then clarified the costs as broken down on the proposal as submitted and, Mr. Small noted to the Board that the survey as done in 1994 is still evident by some of the pins identified during the initial inspection. Mrs. Leavitt questioned whether the visual survey revealed any large trees for the register of big trees and Mr. Small noted that Mr. Huntress did a very thorough job in 1994 and that no big trees were identified. Following this discussion Mr. Youland made a motion to have New England Forestry flag the town lot for $400 and pay them 15% to mark and manage the lot and Mrs. Goodwin made a second to the motion. Mr. Youland then questioned if the cutting could be done in January and February as stated previously, and Mr. Small indicated that the plan would include the winter months as a time frame. Mr. Small also stated to the Board that the bid specifications would include the Towns' right to accept or reject any or all bids. There was then some discussion regarding chipping the tops of the trees as part of the harvest and, Mr. Youland noted that chipping does a nice job and makes the clean up easier. Mr. Small indicated that the aspect of chipping could be included in the bid specs, which appeared to be the wish of the Board. Mr. Youland then made an amendment to his previous motion to include chipping the tops of the trees, and Mrs. Goodwin made a second to the amendment; and the vote was unanimous.

 

4. AWARD OF BID - WELL FOR TOWN OFFICE: Mrs. Goodwin left the table prior to this discussion as Goodwin Well & Water submitted a bid for this project. Mrs. Leavitt noted that she made efforts to solicit bids for an artesian well for the town office project by contacting several area well drilling companies and advertising in a local paper. The efforts brought in two proposals, one from Goodwin Well and Water and one from L & L Well Drilling, both of which are local companies. Mrs. Leavitt noted that, based on the proposal initially received from L & L, she did request additional information to allow for a better comparison of the two proposals as provided. Mrs. Leavitt noted that although the comparison is not apples to apples, both proposals are well outlined. Following limited discussion Mr. Youland made a motion to award the bid for the well for the new Town Office to Goodwin Well & Water for $6,594.

 

Mr. Youland included some reasons for recommending the higher of the two bids by noting the bid from Goodwin Well & Water includes a larger pump and pressure tank, the warranty as outlined is a little better and there is a larger, better support team for in the future, should it be necessary. Mr. Terreri made a second to the motion; and the vote was unanimous by those voting.

 

5. FIRST READING - AMENDED DRUG/ALCOHOL POLICY: Mrs. Leavitt noted to the Board that her recent review of policies presently in place resulted in discovering the Drug/Alcohol Policy hasn't been amended since its' adoption in 1995. Mrs. Leavitt went on to note that the only amendments being made are to comply with changes in the State Law relating to employees with a CDL license.

 

Changes were noted on page 6 of the document as well as adjusting some of the wording for consistency such as drug/alcohol or alcohol/drug policy. Both Mrs. Bryant-Deschenes and Mrs. Goodwin questioned if rehabilitation were to be required, who would pay the cost? Mrs. Leavitt indicated that the employee would be responsible and, if covered by medical insurance, that could be used towards any related costs. There was a general question regarding why only those who are in possession of a CDL license fall under the policy and, Mrs. Leavitt noted that the Federal Law only requires testing for CDL license holders and safety sensitive positions such as Rescue. There was some discussion regarding companies who have a general policy of drug/alcohol testing for all employees, however, this isn't the case with Turner to date. Mrs. Goodwin questioned the indication of a first reading and whether or not the Board requires more than one reading, and, Mrs. Leavitt indicated that, if the document is in order and deemed acceptable, the Board could adopt the amended policy at this meeting. Following this discussion, Mr. Terreri made a motion to adopt the amended Alcohol/Drug Policy with the corrections as stated and Mrs. Goodwin made a second to the motion; and the vote was unanimous.

 

6. TOWN MANAGERS' BUSINESS: Q & A WEEKLY MEMO: Mrs. Goodwin questioned the percentage of taxes received to date and Mrs. Leavitt noted that the financial report reflects taxes received through 10/31/2007 and the actual tax due date is 11/1/2007; so the November financial report will be a more accurate portrayal of the actual percentage of taxes collected to date. Mrs. Goodwin also questioned the property next to the Town Office lot and whether or not the Board should consider making an attempt to purchase the adjoining property. Mrs. Leavitt noted that the town still has an obsolete building fund and that she would inquire with the owner Lynette Rossignol whether or not she might be interested in selling at this time. Mr. Youland suggested that Mrs. Rossignol might do well to financially consider a donation of the property to the town. There was discussion regarding a building owned by Mr. Dale Talbot directly on the corner of Main Street and Turner Center Road, and Mrs. Leavitt noted that Mr. Talbot still utilizes the building to a certain extent. ASSESSORS' QUARTERLY REVIEW: Mrs. Leavitt referenced the document provided by RJD Appraisals, the Town's Assessor Agent and noted this is an annual event in addition to the spring work done by the Assessors, which generally provides the Town with additional assessed value. The breakdown provided indicted they visited 593 parcels with 209 changes. Between additions and deletions there was a net value gain of $533,800. There were a couple of questions regarding the additional value represents and, it was noted that the value determined this review is above and beyond the annual spring work. Mrs. Leavitt noted for the Board that the continued quarterly review will put Turner in a good position when the time comes for a total revaluation which may be only a couple of years away. No action needed FINANCE REPORT: Mrs. Leavitt noted for the record that the Town has made the first payment to TPD Construction for the new town office project, and it was noted at this time that the Town's Auditor has indicated a need to maintain a value for the Towns' inventory of gravel and use of equipment during the construction process.

 

Mr. Youland expressed his concern that a value be placed on the materials used such as the sand from the town pit and other materials, and Mrs. Leavitt assured the Board that all costs are being itemized throughout the process. It was noted by Mrs. Leavitt that those costs wouldn't affect the balance sheet reserve account for the project and those costs will be added to the value of the new asset. In other areas of the finance report, Mrs. Leavitt noted that all departments are in line for this time of year. Mr. Terreri questioned whether the financial issue between the Leavitt Institute and the Turner Center for the Arts has been resolved. Mrs. Leavitt noted that TCA did vote to transfer $4,000 to the Leavitt Institute Building fund at their 10/29/2007 meeting, and they voted to authorize the $500 per month for July, August, September and October as discussed at a previous meeting. Mrs. Leavitt also noted that the Leavitt Institute Board of Directors held a meeting on Sunday November 4th, however, they did not provide prior notice of the meeting and Mrs. Leavitt did not attend.

 

Mrs. Leavitt informed the Board that member Bunny Gilbert hand delivered minutes from their meeting and Mrs. Leavitt noted to Mrs. Gilbert that, had proper notice of the meeting been posted, Mrs. Leavitt would have attended and could have provided some answers to questions raised during their meeting.

 

Mrs. Leavitt then provided the Board with copies of the minutes from the Leavitt Institute Board of Directors meeting and the Board took time to read those minutes before discussing them. Mr. Terreri noted a reference to some valuables missing from the Institute Building and Mrs. Leavitt confirmed that yes, there have been some issues in the past so the Institute Board of Directors is looking into security cameras for the premises which may range in price from $1,000 to $5,000. It was noted that the LIB discussed the $500/month commitment from TCA as a contribution. The matter of a financial contribution remains unresolved at this time and Mr. Youland noted that it was the Board of Selectmen's intention to provide a resolution to get TCA through until the next Town Meeting and then let the voters decide; that a matter of this nature should not be decided by (5) people, meaning the Board of Selectmen. Mr. Youland then suggested that Mrs. Leavitt send a letter to the LIB requesting that they announce their meetings ahead of time. The minutes as provided by Mrs. Gilbert also indicated that the LIB may seek legal counsel and this aspect was discussed by the Board of Selectmen, and, it was determined that Mrs. Leavitt will reference the legal issue in her letter to the LIB and offer to contact MMA should the LIB need a legal opinion for any reason. It was also noted that should the LIB need to seek the Town's Legal Counsel, they need permission to do so through the Town Manager. Mr. Youland suggested that perhaps a purchase order could be used for any Town Boards seeking legal counsel, but there was no further discussion on this mater. COUNTY BUDGET: Mrs. Leavitt noted that the County Budget process is in the beginning stages and it would be a good idea for any of the Board members to attend some of those meetings. MSAD 52 QUARTERLY BUDGET: Mrs. Leavitt referenced a copy of the first quarterly budget review report as provided by MSAD 52 as requested in April, no action required.

 

7. CONSIDERATION OF ANY OLD BUSINESS: Mrs. Leavitt noted that Mr. Richard (Dick) Keene has applied to be considered as a member of the Zoning Board of Appeals as the second alternate and Mr. Youland made a motion to appoint Mr. Keene to that Board, and Mr. Terreri made a second to that motion; and the vote was unanimous.

 

8. CONSENT AGENDA: Mrs. Joan Bryant-Deschenes reviewed the disbursement warrants and recommended their approval. Amended minutes from October 1st and the minutes from October 15th were deemed to be in order, however, it was suggested that the pages be numbered. There were no Veteran's Exemptions. Ms. Philipon presented an abatement for Wauregan Farms, Lot 9 was previously missed when the Board abated the individual lots due to the fact that the sub-division lapsed and should not have been billed separately.

 

Ms. Philipon also presented two abatement requests for mobile homes in the Nezinscot Village Mobile Home Park deemed to be un-collectible as Treasurer/Tax Collector Eva Leavitt requested to clean up the accounting before the foreclosure in December. Wauregan Farms abatement amount $297.57 for 07/08. Staire for $271.07 and Mercier for $44.06. Mrs. Goodwin will review the disbursement warrants for 11/19/2007. Following limited discussion Mrs. Bryant-Deschenes made a motion to approve the consent agenda as presented and Mrs. Goodwin made a second to the motion; and the vote was unanimous.

 

9. EXECUTIVE SESSION: Mr. House inquired whether an executive session was needed, and there was none needed, however, Mrs. Leavitt did note to the Board that her 6 month probationary period as Town Manager is in December and, perhaps the Board should consider an evaluation of her job performance. A copy of the evaluation form will be provided to the Board so they can begin.

 

10. ADJOURNMENT: Mr. Terreri made a motion to adjourn the meeting at 8:45 pm and Mrs. Goodwin made a second to the motion; and the vote was unanimous.

Respectfully submitted:

Sandra L Philipon

Assessing/Office Assn'