MONDAY FEBRUARY 2, 2009

 

BOARD OF SELECTMEN MEETING MINUTES

 

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 Mrs. Jody Goodwin, Mr. Richard Keene, Mr. Kurt Youland, Mr. Lawrence House, Town Manager Eva Leavitt, Fire Chief Michael Arsenault and Budget Committee Chairman Rodney Shaw.

 

2. ADJUSTMENTS TO THE AGENDA: Mrs. Goodwin requested an item be added to discuss the State Park Land in Turner, which the Board agreed to add as item 3A. Mrs. Leavitt requested an item added to discuss a request from Mr. Paul Bernard, which the Board agreed to add as item 2A. Mrs. Leavitt then requested an additional item to discuss correspondence received from the Town's Attorney regarding the Whitman property on Upper Street, which the Boards agreed to ad as item 2B.

 

2A. PAUL BERNARD - REQUEST FOR WARRANT ARTICLES: Mrs. Leavitt referenced an e-mail received from Mr. Bernard regarding the budget requests submitted noting that there are 3 distinct different money amounts which total $45,000. Mr. Bernard expressed concern that if the article were written to reflect one-dollar amount, it would be declined and requested through his e-mail that each dollar amount be identified. Mr. Shaw noted that the initial statement made by Mr. Bernard indicates that the Budget Committee chose to place an amount of $45,000 in the budget amount requested; and Mr. Shaw clarified that the Budget Committee made a zero dollar amount recommendation. Additional discussion included noting that social service agencies are generally placed on the warrant as a single article with a hand out that defines the individual requests with the recommendations as made by the Budget Committee & Selectmen.

 

There was some discussion regarding where the request for this item actually came from, as the e-mail for the request reflected the Breath of Life Foundation, but not Legion Post 111 although the breakdown for the request suggests that the money is for the Veteran's and concern was noted regarding the lack of control over how the money may be spent if appropriated. Mr. Youland noted that the article should be treated the same as the other Social Service requests are. There was additional discussion regarding Mr. Bernard's request to secure use of the second floor of the Leavitt Institute Building at no cost noting that money articles are generally presented with a capped money amount so that people who can't attend are assured of the maximum dollar amount to be approved. Also, the Leavitt Institute Board of Directors is the contact for the rental space at the Institute Building. Mr. House questioned how other communities contribute to their Veterans Organizations and Mr. Terreri noted that most Legions or VFW halls are self-sufficient. Mrs. Goodwin also noted that resident Harris Bradeen previously explained to the Board what and how a Legion generally functions. Mrs. Leavitt noted that she did some research into other communities and found that some did help support their Veterans Groups by raising a sum of money to assist with the development of Veteran's Parks and other items.

 

Discussion then indicated there could be some town owned property to be considered for a Veteran's Park, however, it was also noted that the memorial presently located on the Turner Village Church site was agreed on by the Church & the Town and the Town took great care in purchasing & placing benches along with re-locating the memorial once. The Church hasn't contacted the Town regarding any request to move the monument again at this point in time. No further discussion at this time.

 

2B. LETTER FROM ATTORNEY - WHITMAN PROPERTY: Mrs. Leavitt referenced the cover letter received from the Town's Attorney Jaime Belleau regarding a lawsuit against Mr. William Whitman from Ms. Mary Samoska, noting that the court ruled in Ms. Samoska's favor and that the lien the Town has on Mr. Whitman's property is no longer a priority. Attorney Belleau noted that the town does have 21 days to appeal the decision, however, it wasn't recommended that the Town pursue any additional action. Mr. Youland inquired how much the Town's lien was for and it was indicated to be $110,000. While the Board of Selectmen did agree not to pursue an appeal at this time, it was suggested by Mr. Youland that the Town's lien remain in place. No further action required.

 

3. AMENDMENT OF MILEAGE RATE ARTICLE 33 - PERSONNEL POLICY: Mrs. Leavitt presented the Board with an amendment to Article 33 for mileage reimbursement along with a copy of the current IRS chart for approved mileage reimbursement. The rate presently is .50.5/mile, which was amended recently as a result of increasing gas costs. Mr. Youland made a motion to set mileage reimbursement at a rate of .40/mile, Mr. House seconded the motion and the vote was unanimous.

 

3A. STATE PARK: Mrs. Goodwin brought to the Board's attention that the State of Maine is moving forward with some development along the river lands and are seeking to partner with Turner, Leeds and Greene to provide "in-kind" services to accompany their grant application. Mrs. Goodwin explained that the State would have an intern for the summer months that will have a trailer and a mule that needs to be stored. Mrs. Goodwin noted she spoke with Town Manager Eva Leavitt and inquired about storing the equipment at the town pit where it would be locked securely overnight, but be available when needed. The Town would need to develop a price for storing the unit, which the State could submit with their grant application.

 

Discussion that followed brought out other possibilities such as the Airport site, as that site has immediate access to the river lands area, and Mr. Youland was favorable to the Airport site being used and it was again noted by Mrs. Goodwin that storage would only be needed for the summer months. Mr. Youland then made a motion to allow the State of Maine park their trailer and mule at the Public Works Garage and develop a rental amount for the State to use on their grant application, Mr. Keene seconded the motion; and the vote was unanimous. Discussion followed the vote noting that once a fee has been determined for the State to use in their grant application, if it makes more sense for the equipment to be stored at the Airport property, which can happen.

4. MUTUAL AIDE - GREENE/LEEDS/WALES: Mrs. Leavitt referenced the three mutual aide agreements presented to the Board from Chief Arsenault and, although we all presently do aide each other, a signed agreement provides some leverage in the grant writing process for each of the communities as applications can be done as a group. Mr. Keene made a motion to approve the agreements as presented with Greene, Leeds, and Wales, Mr. House seconded the motion; and the vote was unanimous.

 

5. FIRE DEPARTMENT BILLING - WRITE OFF: Mrs. Leavitt noted that since the Board of Selectmen approved a minimum of $500 to bill for Fire Department services at accidents and other events, the need to bill has dropped sharply, however, there are a few accounts still outstanding from before the amended billing policy which total approximately $1,400, and she requested that the Board write off the balances as uncollectable. Mr. Youland inquired if there is a collection agency that would do the work for a % of what is collected, and Mrs. Leavitt noted that Affiliated from Bangor would do the collection work for only what they collect as a fee. Mr. Terreri inquired how many of the outstanding invoices might belong to Turner residents and it was noted that if the Town does invoice for services, it couldn't segregate and bill only non-residents. Discussion included noting that the first bill is sent to the Insurance Company, if they don't pay, then an invoice is sent to the party involved. Mr. Keene noted that it makes more sense to write off the unpaid balances as un-collectable and Mr. Youland stressed the importance of maintaining the process from this point forward. Mr. Arsenault noted that he and bookkeeper Nikki Verrill have worked out a process for any billing from this point forward and also noted that with the $500 minimum for billing, not many incidents have had a need to invoice. Mr. Keene then made a motion to write off the balances for the Fire Department Billing, Mr. House seconded the motion, and the vote was unanimous.

 

6. MID MAINE WASTE ACTION AGREEMENT - MUNICIPAL SOLID WASTE DISPOSAL: Mrs. Leavitt referenced the contract provided by the Mid Maine Waste Action Company for disposal of the towns' solid waste and noted the offer of a 3-year, a 5-year or a 10-year contract and, Mrs. Leavitt noted that the City of Lewiston is looking into alternative methods for disposal in the near future. There was a question regarding a one-year agreement, however, Mrs. Leavitt noted a one-year contract was not offered and, recommended the three-year contract, which will provide the Town with enough time to make decisions for the future. Mr. Youland made a motion to approve the 3-year contract with Mid Maine Waste Action, Mr. Keene seconded the motion; and the vote was unanimous.

 

7. TOWN MANAGER'S BUSINESS: 7-1. Q & A WEEKLY MEMO: Mr. Keene inquired about the endowment money noted and Mrs. Leavitt noted she has contacted the people but hasn't had any response to the time frame. Mrs. Goodwin questioned the reference to Lee saving the Town towing fees by pulling out one of our plows when it got stuck and Mrs. Leavitt clarified that Lee is one of the Highway Department employees. 7- 2. REPORT FOR TOWN REPORT: Mr. Terreri hasn't begun the report yet, Mrs. Leavitt noted she provided an outline for use and Mrs. Goodwin offered to write the article and requested input from the Board members for information to be added.

 

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7-3. HIGHWAY EQUIPMENT RESERVE: Mrs. Leavitt referenced a discussed from the 1/22/2009 Road Committee meeting regarding equipment needs in the current budget year. The Committee discussed replacing the ½ ton pick up currently being used by the Highway Foreman Charles Poland with a ¾ ton with a plow on. It was noted that the one-ton presently in the fleet is already 10 years old and over equipped for the work the crew needs it for. Mrs. Leavitt further noted discussion regarding the purchase of a small roller and a paving machine to be added to the town's equipment.

 

Mr. Youland further explained that the one ton truck will be retained in the fleet, the ½ ton presently being used will eventually be sold. The idea behind buying a ¾ ton is that it is big enough to handle a plow which can be used for clearing intersections and small areas like the Town Hall parking lot. Mr. Youland further explained that for the past few years the town has rented any equipment necessary for pavement and, the Town has been mixing and stockpiling its own "flex pave" which is very useful for pot holes and smaller paving jobs for about 1/3 the cost of hot top. The equipment reserve account presently has $136,000 and Mrs. Leavitt explained the Road Committee is seeking permission to use up to $25,000 for a truck with a plow, up to $20,000 for a paver and up to $30,000 for a roller for a total of $75,000. Mr. Keene inquired what the method of disposal might be for the ½ ton and it was noted that it might depend on what type of deal could be done.

 

Mrs. Leavitt noted that the Town has had good luck with Keenan Auction Company in the past; however, selling the truck out right in the spring might also be beneficial. Discussion resulted in acknowledging that owning our own equipment will cut down on rental costs, but, Mr. Youland cautioned that there will then be a need to maintain the equipment which will add to that line item, however, the life of equipment such as a roller and a paving machine is a long one, approximately 10 years. Following additional discussion, Mr. Keene made a motion to authorize the release of up to $75,000 to allow the purchase of a truck with a plow, a paving machine and a double drum roller. Mr. House seconded the motion and the vote was 3 in favor, House, Keene, Goodwin, one abstained, Youland - as a member of the Road Committee, the motion passed. 7 - 4 FINANCE REPORT - JANUARY: Mrs. Leavitt provided a brief overview of the finance report for the month ending January 31, 2009 and began by noting that she re-invested $200,000 from inactive reserve accounts to a slightly higher yield certificate of deposit. She noted also that on the revenue side of the finances a five-year average on excise tax reflects a 30% drop, and Mrs. Leavitt further noted that other revenue sources are more difficult to analyze. Mrs. Leavitt noted that although overtime is overdrawn at this time, since she issued her directive on January 6, 2009 staff members have been very conscientious about capping the workweek at 40 hours. It was noted that the Rescue Department is already at 62% expended and that Chief Laurel Gagne does pay close attention to her total budget, but also noted some cost increases.

 

Mrs. Leavitt noted her concern regarding the equipment at the Transfer Station and Mr. Terreri suggested it be discussed as item 7-5 at this meeting and the Board agreed. Mrs. Leavitt noted to the Board that Atlantic Recycling did an inspection recently on one of the compactors and noted that the ram is not placed properly and that the motors we have currently have become obsolete making repairs costly.

 

Atlantic Recycling provided a figure of $21,000 to replace the compactor and it was noted that we have had the motor rebuilt several times over the past year at a cost of over $1,000 each time. Mr. Terreri noted that the motor doesn't have enough power for what we need and the equipment is presently 17 years old. Mrs. Leavitt would like permission to replace one now and Mr. Terreri noted the possible need of replacing the other side in one to two years, and parts from the old unit can be used to keep the other side going for now. Mrs. Leavitt noted there is $65,000 in the equipment reserve account at this time, and there was a question as to whether or not the Town could buy direct to the company that Atlantic purchases from. Discussion resulted in a directive to Mrs. Leavitt to obtain at least two estimates for a new unit which Mr. Youland noted is what the purchasing policy outlines. The Board will re-address the request at their next meeting.

 

8. CONSIDERATION OF ANY OLD BUSINESS: RE-PURCHASE AGREEMENT - FORECLOSED TAX LIEN: Mrs. Leavitt presented one re-purchase agreement signed by Mr. Eugene Jordan for his Nezinscot River Property and informed the Board on her progress with some of the other foreclosed tax liens. Mrs. Goodwin made a motion to sign the re-purchase agreement with Mr. Jordan, Mr. Keene seconded the motion. Discussion included a note from Mrs. Leavitt that the amount stated is the principle only and that interest and penalties are collected first. The vote was unanimous.

 

9. CONSENT AGENDA: The minutes from 1/20/2009 were deemed to be in order. Mr. Youland reviewed the disbursement warrants and recommended their approval. Mrs. Goodwin will review for Tuesday February 17, 2009. Ms. Philipon presented an abatement for Tax Collector Eva Leavitt for the Martin Buck property off the County Road as being un-collectible as a 2007 foreclosed tax lien. Ms. Philipon also presented a Supplemental Tax Bill for Highlands Golf LLC in the amount of $9,234.47 for a tax omitted during the commitment. Mrs. Leavitt noted this was an issue in the computer system, which has resulted in adding another item to be verified for tax commitment.

 

10. EXECUTIVE SESSION: TITLE 1 M. R. S. A. - PERSONNEL MATTER (405) (6) (A): Mr. Youland made a motion to go into executive session at 8:58 pm, Mr. House seconded the motion; however, the motion failed.

 

11. EXECUTIVE SESSION: TITLE 1 M. R. S. A. - LABOR NEGOTIATIONS (405) (6) (D): Mrs. Goodwin made a motion to go into executive session at 9:02 pm, Mr. Keene seconded the motion and the vote was unanimous. Motion to come out of executive session made by Mrs. Goodwin at 9:50 pm, seconded by Mr. Keene; and the vote was unanimous. No action was taken.

 

12. ADJOURNMENT: Mrs. Goodwin made a motion to adjourn at 9:52 pm, Mr. Keene seconded the motion; and the vote was unanimous.

 

 

Respectfully submitted:

Sandra L Philipon - Assessing/Office Assistant