MONDAY MARCH 16, 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 and the Pledge of Allegiance was said. Those present were Mr. Lawrence House, Mrs. Jody Goodwin, Mr. Richard Keene, Mr. Kurt Youland, Town Manager Eva Leavitt, Fire Chief Michael Arsenault, Mrs. Kelly Cooper-Arsenault, Mr. Bob Kalinowski, Mr. Matt Conklin and Mr. Ralph Caldwell.

 

2. ADJUSTMENTS TO THE AGENDA: Mr. Caldwell requested a discussion regarding the Route 117 construction project. The Board agreed to discuss this as item 2A. Chief Michael Arsenault requested a discussion to update the Board on the County E911 Dispatch. The Board agreed to discuss this as item 2B.

 

2A. ROUTE 117 CONSTRUCTION: Mr. Caldwell noted that during a meeting held recently at the Town Office with the Maine Department of Transportation and the various utility companies discussion focused on the many utility poles between the intersection of Route 4 and Turner Center. It was noted there are approximately 170 poles on this stretch of road and Mr. Caldwell inquired at the meeting if the State would consider moving 7 of the poles located near the schools from the South side of the road to the North side of the road. It was suggested to Mr. Caldwell that he obtain support for this request through the Board of Selectmen. Mr. Caldwell indicated that the parties involved were not in support of the request to re-locate the poles. Mr. Caldwell explained that the request was due to the fact that the wires cross Route 117 from one side to the other in a couple of different locations and the South side of the road is where the sidewalk is proposed. Mrs. Leavitt informed the Board that one of the project leaders Terry Blair indicated a willingness to come and speak directly with the Board of Selectmen and it was noted that a meeting should be scheduled sooner rather than later as the project will be put out to bid in July. Further discussion resulted in a request for Mrs. Leavitt to obtain a copy of the proposed scope of work and request a meeting with MDOT for either Tuesday March 24th or Thursday March 26th if possible, however, it was noted that the MSAD Board of Directors meet on 3/26 at Leeds and some may wish to attend that meeting, Wednesday March 25th would also be possible. The Town will notify persons such as the School District and others who may be interested in attending this meeting. No further action.

 

2B. COUNTY DISPATCH - DISCUSSION: Chief Michael Arsenault referenced a memo sent from James A Bennett - City Administrator for the City of Lewiston. Chief Arsenault noted to the Board that the Dispatch Committee he was involved with for 18 months or more has ceased meeting due to an inability to make any progress. Mr. Bennett's memo included information that the Board as a whole felt was inaccurate at best as some of the issues pointed out by Mr. Bennett have been researched and found to be inaccurate. Mr. Terreri suggested that a letter be drafted to the Lewiston City Council from the Board of Selectmen that identifies the false statements made by Mr. Bennett and it was determined that Mr. Terreri, Town Manager Eva Leavitt and Chief Arsenault will meet to draft the letter.

 

3. SOLID WASTE UPGRADE - COMPACTOR: Mrs. Leavitt referenced the two quotes received regarding a replacement compactor for the Transfer Station. It was noted that the bid received from Atlantic Recycling in December was reduced by $2,510 compared to the quote-received 2/20/2009. A bid was also received from Maguire Equipment in the amount of $28,865. Comparing the two units Mrs. Leavitt noted that Atlantic Recycling is willing to retro fit the existing hopper to accommodate the new compactor, which is a 4 yd unit opposed to the 2 yd unit we presently have. Mrs. Leavitt further noted for the Board that Atlantic Recycling has been our vendor since the Transfer Station opened and have served us well. The response time has always been good and the existing equipment has lasted us for seventeen years. Mr. Terreri and Mrs. Leavitt noted that repair costs in recent years have been increasing steadily and the estimated cost to re-build what we currently have was between $7,000 - $9,000.

 

Mrs. Leavitt further noted that the new compactor motor would operate like a 3 phase motor with the existing equipment. Mr. Terreri noted that he was at the Transfer Station on Friday and witnessed first hand what happens when the equipment jams. Mrs. Leavitt noted that the City of Lewiston is contemplating going to a single stream recycling method in the future and they continue to insist that Turner monitor what plastic products we accept. Mr. Terreri noted that the new unit would cycle through more quickly with less wear and tear initially. Following some additional discussion Mr. Youland made a motion to offer $18,000 to purchase a new compactor from Atlantic Recycling, Mr. Keene seconded the motion; and the vote was unanimous. Following some additional limited discussion Mrs. Goodwin made a motion to authorize Mrs. Leavitt up to an additional $1,000 to purchase a new compactor from Atlantic Recycling, Mr. Keene seconded the motion; and the vote was unanimous.

 

4. RENEWAL LIQUOR LICENSE - YOULY'S RESTAURANT: Mrs. Leavitt referenced the application provided by Daniel & Donna Briggs for renewal of their liquor license for Youly's Restaurant. Mr. Keene inquired if there have been any issues with them during the past year, and Mrs. Leavitt noted there were none. Mr. House inquired if both beer and wine are sold at Youly's and Mrs. Leavitt noted yes. Mrs. Goodwin then made a motion to approve the application for the renewal liquor license for Youly's Diner, Mr. Keene seconded the motion; and the vote was unanimous.

 

5. TOWN MEETING WARRANT AND CERTIFICATIONS: Mrs. Leavitt noted the need for the Board to sign the warrant for town meeting as approved at an earlier meeting. It was also noted that additional certifications requiring signatures from the Board: 1. Proof of notification to abutting property owners in a Resource Protection Zone, 2. Certification for Bluff Drive to be placed on the warrant to be accepted, 3. Certification of the proposed Ordinance Amendments. Mrs. Goodwin made a motion to sign the various warrant certifications, Mr. House seconded the motion; and the vote was unanimous.

 

6. TOWN MANAGER'S BUSINESS: Q & A WEEKLY MEMO: Mrs. Goodwin questioned if the Lake Auburn Watershed will be discussed and it was noted it is an item for discussion. Mr. Terreri requested that he be informed when the representative from Eco Maine will do the on-site inspection of the Transfer Station.

 

6-2 FINANCIALS: Mrs. Leavitt noted her continued concern regarding revenue shortfalls, however, she also noted that notices for the second half tax due date have been sent and that approximately ½ of the committed tax amount is still outstanding. Excise tax revenue reflects only 55% of the projected amount, which should be at 67% at this time in the budget. The revenue amounts for rescue are in-line with estimates, and Mrs. Leavitt cautioned that any reimbursements anticipated from the State level might be delayed until July. It was noted we may not use all the salt purchased and it was also noted we have the ability to store approximately 200 ton on site. Mrs. Leavitt informed the Board that she has prepared the bid specs for the mowing contract which will be due in the first part of April. 6-3 ANDROSCOGGIN DISPATCH CONTRACT: Mrs. Leavitt referenced the contract to continue the dispatch services we receive from the Androscoggin County Sheriff's Department and noted that the cost has not increased, but does include a $324 fee for the nightly tone verification. Mrs. Goodwin made a motion to authorize the Town Manager and Chief Arsenault to sign the contract, Mr. House seconded the motion; and the vote was unanimous. 6-4 BQMC APPOINTMENT: Mrs. Leavitt referenced the application received from Mrs. Kelly Cooper-Arsenault for appointment to the BQMC Board of Directors and it was asked if additional members were needed for that Board, which the answer was yes. Mrs. Goodwin made a motion to appoint Mrs. Kelly Cooper-Arsenault to the BQMC Board of Directors, Mr. House seconded the motion; and the vote was unanimous. Mr. Terreri then asked Mrs. Cooper-Arsenault to ask the Board of Directors if the Turner Athletic Association could use space above the kitchen area as storage for some of their gear. Mr. Youland then noted to Mrs. Cooper-Arsenault that he still has a wall unit oven that is brand new to be donated to BQMC and someone simply needs to pick it up. 6-5 LAKE AUBURN WATERSHED COMMISSION: Mrs. Leavitt noted that resident Bill Rupert of Rupert's Strawberries spoke with her regarding the commissions' request to report any anticipated use of pesticides as his fields are in the watershed. In recent years the Commission has requested a three-year forecast in advance, which has been changed to an annual request. Mrs. Leavitt spoke with local member Dick Thibodeau and he noted that an onsite inspection/visit from the Commission will only be done every three years, however some concern was expressed regarding water trucks being filled from both Lake Auburn and Pleasant Pond which may present the possibility of introducing the mil foil plant into our ponds. Discussion among the Board members resulted in the knowledge that any trucks that take water from Lake Auburn pay a permit fee for such use on an annual basis and discussion regarding drawing water from Pleasant Pond resulted in the suggestion that trucks consider using the hydrant located there. Chief Arsenault indicated it might be good for the hydrant to be used, as it would flush the hydrant out. 6-6 CHARLES CUMMINGS ESTATE: Mrs. Leavitt referenced correspondence received from the attorney handling Mr. Cummings Estate which requests a letter of acceptance for settlement of the estate in the amount of $10,000. Some discussion regarding how the Town could best use this inheritance once received and Mrs. Leavitt suggested the cemetery fund, which is a little low at this time and the Board agreed. 6-7 PAYROLL TAX WITHHOLDING ISSUE: Mrs. Leavitt referenced a vote in Congress in December 2007 regarding an exemption up to $360 in wages for volunteer firefighters on call year round and it was noted this was brought to her attention from one of Turner's Volunteers. Mrs. Leavitt noted she had no knowledge of the exemption until it was brought to her attention and she noted the Town could offer a corrected W2 for those affected.

 

Mrs. Leavitt noted to the Board that she contacted Mr. Bob Westhaven of the Lewiston IRS office for advice; however, he didn't have a clear understanding of how the exemption exactly works. Mrs. Leavitt further noted she could and would be willing to request refunds from Social Security and Medicare for the overpayments made. It was noted that correction to the quarterly report and the 941 withholding amounts need to be done. Mr. Youland inquired how many firefighters might be entitled and, at a quick glance it was noted that approximately 30 out of 52 might have been entitled to the tax exemption. Those volunteers who may qualify may request a corrected W2 for the recorded wage and tax. No further action.

 

7. CONSIDERATION OF ANY OLD BUSINESS: Mrs. Leavitt brought the Board up to date on response for foreclosed tax accounts by noting there are 4 property owners she hasn't heard from since the Board's most recent letter and inquired if the Board had any desire to move forward with a demand letter. The board agreed to have Mrs. Leavitt draft the demand letter for their April 6th meeting.

 

8. CONSENT AGENDA: Mr. Keene reviewed the disbursement warrants and recommended their approval. Mr. Terreri will review for 4/6/2009. The minutes from 3/2/2009 were deemed to be in order and there were no abatement/supplements or veteran's exemptions to consider. Mrs. Goodwin made a motion to approve the consent agenda as presented, Mr. Keene seconded the motion; and the vote was unanimous.

 

9. EXECUTIVE SESSION: TITLE 1 M. R. S. A. - ACQUISITION OF REAL ESTATE (405) (6) C: Mrs. Goodwin made a motion to go into executive session per the previously mentioned title 1 at 8:53 pm, Mr. Keene seconded the motion; and the vote was unanimous. Mrs. Goodwin made a motion to come out of executive session at 9:25, Mr. Keene seconded the motion; and the vote was unanimous. Mrs. Goodwin then made a motion to authorize Mrs. Leavitt to negotiate the purchase of a parcel real estate, Mr. Keene seconded the motion; and the vote was three in favor, Goodwin, House, Keene and one opposed Youland.

 

10. EXECUTIVE SESSION: TITLE 1 M. R. S. A. - PERSONNEL MATTER (405) (6) (A): Mrs. Goodwin made a motion to go back into executive session at 9:26 pm, Mr. Keene seconded; and the vote was unanimous. Mrs. Goodwin made a motion to come out of executive session at 9:45 pm Mr. Keene seconded the motion; and the vote was unanimous. No action.

 

11. ADJOURNMENT: Mrs. Goodwin made a motion to adjourn at 9:46 pm Mr. Keene seconded; and the vote was unanimous.

Respectfully submitted:

 

Sandra L Philipon

 

Assessing/Office Assistant