MONDAY FEBRUARY 1, 2010
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE TO THE
FLAG: Chairman Angelo Terreri called the meeting to order at 7:00 pm
and the Pledge of Allegiance was said. Those present were Mr. Dennis
Richardson, Mr. Kurt Youland, Mr. Richard Keene, Mr. Jeffrey
Timberlake, Town Manager Eva Leavitt, Fire Chief Michael Arsenault,
Resident Gregory Spear, CEO Roger Williams and Budget Committee
Chairman Rodney Shaw.
2. ADJUSTMENTS TO THE AGENDA: Mrs. Leavitt
requested the addition of item 3A to discuss an administrative appeal
recently heard by the Zoning Board of Appeals. The Board agreed to
add item 3A. Mrs. Leavitt requested an addition to the Town Managers'
Business as 4-3 to discuss the Highway Equipment Reserve Account. The
Board agreed to add this item also.
3. NOTICE OF VIOLATION - SPEAR: CEO Roger Williams provided the Board with the historical documentation regarding the violation on Mr. Spear's property while presenting three possible options:
1. To proceed with court action now
2. Allow an extension of time to clean up
3. Obtain a Court Ordered Consent Agreement
Mr. Williams noted his recommendation would be to
obtain a Court Ordered Consent Agreement that would outline a period
of time for the violation to be corrected. Discussion among the
Selectmen favored the possibility of extending the time frame for Mr.
Spear to become compliant. Mr. Spear noted his objection to persons
going onto his property and taking pictures, however, the Board noted
that the Code Enforcement Officer has the authority to investigate
ordinance violations. Mr. Spear identified the "unregistered"
vehicles as reflected in the photographs provided by Mr. Williams and
indicated that one such vehicle would be moved to his son's newly
purchased property and others were works in progress. Mr. Spear
indicated that he worked throughout the weekend to clean his garage
area enough to bring at least two of the vehicles into the garage.
Mr. Richardson made a motion to allow until 4/30/2010 for Mr. Spear
to come into compliance and, if not the Board would take other
action, Mr. Youland seconded the motion.
Extensive discussion followed, Mr. Keene noted
that he travels past Mr. Spears' home almost daily and noted that
more junk has appeared over time. Mr. Spear noted he got rid of 3
vehicles recently and that motors and other parts also were disposed
of. Mr. Youland noted that what year a vehicle isn't important, if
any aren't in operational order, they are junk and the town has
ordinances that address such issues. Mr. Williams was simply
following the ordinance in place. The Board reviewed the pictures
provided by Mr. Williams in an effort to clarify exactly what is on
the property at this time, it was noted some pictures were taken back
in July. Discussion focused on the need to organize the materials at
Mr. Spears' home and to get most of what is out in the open under
cover. Mr. Timberlake expressed apprehension regarding the amount of
clean up required by the deadline, however, Mr. Spear assured the
Board he has a clear understanding of what needs to be done and the
amount of time to accomplish the task.
Mr. Terreri noted that there is cleaning that can
be done at this time as some snow has melted and the ground is fairly
stiff which will allow heavier equipment to move on the property. The
Board noted that a container on the property currently could be used
for storage, and Mr. Youland noted that April 30th might not be
enough time. Mr. Richardson withdrew his motion and Mr. Youland
withdrew his second. Mr. Richardson then made a motion to allow up to
May 21, 2010 for Mr. Spear to come into compliance with the
ordinance, and, if Mr. Spear is not in compliance at that time CEO
Roger Williams has authority to proceed through the court system for
the violation, Mr. Youland seconded the motion and the vote was
unanimous.
3A VIOLATION NOTICE - ADMINISTRATIVE APPEAL: Mrs.
Leavitt noted that the Zoning Board of Appeals recently held a Public
Hearing for an Administrative Appeal from Rodney Guptill
regarding revocation of his Home Occupation Permit. Chairman Bill
Rupert met with Town Manager Leavitt and CEO Roger Williams on
2/1/2010 to discuss the outcome of the Public Hearing Mr. Rupert
noted there were many people in attendance who are in support of the
business Mr. Guptill has at his
Mrs. Leavitt noted that the Planning Board has
scheduled a public hearing 2/3/2010 to address some other proposed
amendments and Planner John Maloney did draft some possible wording
for an article that would include the property in question. Mr.
Timberlake then made a motion to allow an article on the warrant to
address the issue and let the voters decide, Mr. Richardson seconded
the motion. Further discussion included noting that Mr. Guptill has been in business for approximately 5
years and has recently begun also working on snowmobiles. Mr. Guptill
is a long time volunteer fireman and opened the business at his home
to keep him close to the North Turner Fire Station as well; he has
enough land and road frontage to perform the auto repairs. Mr.
Timberlake further noted that should the amendment pass, Mr. Guptill
will then be required to go before the Planning Board for a full site
review, and the Planning Board will apply standards and conditions,
if they approve his project. The vote was unanimous. The Board asked
Mr. Williams to convey their wishes regarding the proposed amendment
to portion of Route 219, as Mrs. Leavitt probably will not be able to
attend due to schedule conflicts.
4. TOWN MANAGER'S BUSINESS: 4-1 Q & A WEEKLY
MEMO: Mrs. Leavitt noted that she omitted the Feb 3rd date for the
Planning Board Public Hearing at 7:00 pm. Mr. Terreri asked about the
boundary lines at the Town Pit and Mrs. Leavitt noted that survey
information back to 1974 indicates the Town owns the adjacent parcel,
however, there is a part-time route driver who has a background in
surveying who is willing to walk the boundary lines with Foreman
Charles Poland. Also inquired was the need for a railing at BQMC and
Mrs. Leavitt noted that the Fire Marshall's office indicated one is
necessary.
4-2 FORECLOSED TAX ACCOUNTS: Mrs. Leavitt reviewed
the list of those properties that foreclosed 12/30/2009 for
non-payment. It was noted that only three of the accounts have not
had any activity recently and she requested guidance from the Board
for procedure. Mr. Keene made a motion to send letters to request
payment arrangements for the three properties with no recent payment
activity, Mr. Youland seconded the motion and the vote was unanimous.
4-3 HIGHWAY EQUIPMENT RESERVE: Mrs. Leavitt
requested $3,100 from the equipment reserve account to pay for a
crimping tool, and an air grease gun that has already been purchased.
Mr. Youland expressed his concern that the Highway Foreman
understands the protocol for purchases and noted the importance also
that the process is to request funds before making purchases. Mr.
Richardson shared Mr. Youland's concern and
noted that purchases to be made from reserve accounts must be
authorized by the Board of Selectmen. Discussion also included a note
from Mrs. Leavitt that a discussion took place at a Road Committee
meeting, however, no request was brought before the Board. Mr.
Timberlake noted that the invoices for the purchase were included
with the most recent Warrant. The Board did not authorize use of
equipment reserve money for this purchase and noted that the costs
will be taken out of the Department budget.
5. CONSIDERATION OF ANY OLD BUSINESS: 5-1 REVIEW
OF FIRE DEPT SERVICE BILLING ORDINANCE: The Board reviewed the
current Ordinance that states "the minimum call out fee for rolling
to a scene when toned out: $500.00 followed by an hourly rate for
Engine Trucks: $200.00/hr & an hourly rate of $100.00/hr for the
Squad Truck. The proposed change was presented as: "If the minimum
call out fee for rolling to a scene when toned out exceeds $500.00,
these charges will be reviewed by the Fire Chief, on Scene Commander
or department officer and forwarded to the Town Office for billing.
Mr. Terreri inquired if an engine truck is toned out for each
accident and Fire Chief Michael Arsenault noted that when accidents
are toned out a unit rolls to the scene, and if not needed, is sent
back. Mr. Arsenault noted the difficulty in calling the shot for
accidents especially when personal injury is involved. Mr. Timberlake
noted that sending bills for trucks at an accident scene needs to be
determined with discretion. Further discussion on possible wording
included: "If an engine or squad truck is on site for automobile
accident (s) for a time equal to or exceeding $500 in fees" parties
will be billed. 5-3 BUREAU OF LABOR STANDARDS PENALTY: Taken out of
order. Chef Michael Arsenault noted that all standards outlined have
been corrected and, a checklist has been implemented for future use
along with other improvements to the paper trail. The $1,400 fines
levied will be paid out of the Fire Department billing. 5-4
Section C. Eligibility and Limitations - Item 4 -
determined to be necessary only in the contract for use of time from
the "Bank". Section D - Donations - Item 1.
Clarification was necessary in the wording for unused time remaining,
which Mrs. Leavitt will re-address. Section E -Withdrawals - Section
(5) determined to be necessary in the contract for use of time. No
further action at this time.
Budget Committee Chairman Rodney Shaw requested a
time be scheduled for a combine review of the proposed budget with
the Budget Committee and the Board of Selectmen. Mr. Shaw noted the
Budget Committee would conclude their review during the coming week
and asked for a combined meeting on Monday February 8th, which the
Board of Selectmen agreed to.
6. CONSENT AGENDA: The minutes from 1/19/2010 were
deemed to be in order. Mr. Timberlake reviewed the Disbursement
Warrants and recommended their approval. Mr. Youland will review the
Disbursement Warrants on Tuesday February 16, 2010. Ms. Philipon
presented a Veteran's Exemption Application for Mr. James Dow Sr. who
is eligible beginning 4/1/2010. Ms. Philipon presented an abatement
request for David Richardson in the amount of $34.10 for a mobile
home that is no longer in Turner; which was discussed earlier with
the foreclosed tax accounts. Ms. Philipon noted that Mr. Richardson
did pay the current year tax on the Mobile Home because he didn't
notify the Assessor prior to April 1st that the home was gone from
Town. Mr. Keene made a motion to approve the consent agenda as
presented, Mr. Richardson seconded the motion and the vote was
unanimous.
7. EXECUTIVE SESSION 1 M. R. S. A. ss
405(6)(A) - PERSONNEL - LABOR NEGOTIATIONS.
Mr. Timberlake made a motion to enter executive session at 9:25 pm
citing the referenced title, Mr. Keene seconded the motion and the
vote was unanimous. Mr. Youland made a motion to come out of
executive session at 9:55 pm, Mr. Keene seconded and the vote was
unanimous.
8. ADJOURNMENT: The Board adjourned by mutual
consent at 9:57 pm
Respectfully submitted:
Sandra L Philipon
Assessing/Office Assistant