TUESDAY APRIL 20, 2010

 

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 Mr. Richard Keene, Mr. Lawrence House, Mr. Dennis Richardson, Mr. Jeffrey Timberlake, Town Manager Eva Leavitt, Assistant Rescue Chief Ross Gagne, Brenda Gagne, Chris Poland and resident Charlie Emerson.

 

2. ADJUSTMENTS TO AGENDA: Town Manager Eva Leavitt requested a discussion regarding a paving machine at public works. The Board agreed to discuss the item with the other Town Managers' Business under item 10-4.

 

3. ELECTION OF CHAIRMAN & VICE CHAIRMAN - ADOPT RULES OF PROCEDURE & APPOINTMENT OF LIAISON FOR BOARDS/COMMITTEES: Mr. Keene made a motion to nominate Mr. Terreri as Chairman for the coming year, Mr. Richardson seconded the motion, Mr. Terreri inquired if there were other nominations and, noting none the vote was unanimous. Mr. Richardson made a motion to nominate Mr. Timberlake as Vice Chairman, Mr. Keene seconded the motion, and noting no other nominations the vote was unanimous. 3-A RULES OF PROCEDURE: Mrs. Leavitt noted that the Board previously adopted Roberts Rules of Order as a guideline. Mr. Keene made a motion to adopt Roberts Rules of Order as a procedural guide, Mr. Richardson seconded the motion and the vote was unanimous. Mrs. Leavitt then made a suggestion for liaison to various boards as follows: Mr. House - GAR Hall noting he is also currently a member of that Board, Mr. Terreri made a motion to appoint Mr. House to the GAR Hall as the liaison, Mr. Richardson seconded and the vote was unanimous. LEAVITT INSTITUTE BUILDING AND RESCUE: Mr. Terreri made a motion to appoint Mr. Richardson as the liaison, Mr. Keene seconded the motion and the vote was unanimous. Mr. Terreri made a motion to appoint Mr. Keene as the liaison to the Transportation Committee and AVCOG, Mr. Richardson seconded the motion and the vote was unanimous. ROAD COMMITTEE/FIRE DEPARTMENT: Mr. Terreri made a motion to appoint Mr. Timberlake, Mr. Keene seconded the motion and the vote was unanimous. SOLID WASTE: Mr. Timberlake made a motion to appoint Mr. Terreri, Mr. Keene seconded the motion and the vote was unanimous.

 

4. TOWN HOUSE PROJECT BIDS: Mrs. Leavitt noted that a meeting was held with Engineer Tom Perkins, Jeff Timberlake and Mrs. Leavitt to review the bid list as no bids were received for the project as outlined. It was noted that some items were not included in bids solicited after the fact such as the insulation, steel posts and wire screen. The total projected cost for this portion of the project would be approximately $43,050 and Mrs. Leavitt noted that the Town currently has $36,700 with an additional $12,000 approved through the Town Meeting process, which will be available 7/1/2010. Additional discussion brought out that some information on the jacking and leveling of the building was discussed and Mrs. Leavitt noted that there might be two possible areas to draw the additional money necessary for this phase from.

 

One area mentioned was Parks and the other area mentioned was from Administration Building Repair and Mr. Timberlake noted that the Town would then be spending more that what has been budgeted, and taking from existing accounts isn't a good idea. Mr. Richardson noted that the roof replacement was part of the original request and both areas should be done as planned. Mrs. Leavitt suggest she could speak with the people who bid the project and try to re-negotiate with them and Mr. Timberlake cautioned Mrs. Leavitt to speak with all bidders. Mr. Keene requested any further information gathered be brought back to the next meeting.

 

5. GRASSED AREA MOWING BIDS: Mrs. Leavitt referenced the sheet provided listing the various bids, which ranged in price fro $6,890 to $63,000 with only five contractors bidding on the landfill mowing. Mr. Timberlake noted the low bid received from Matt Alexander of Yard Barber Services and stated that he was a little apprehensive and would like to know where Mr. Alexander has mowed commercially. The Selectmen noted a significant difference from low to high, although Mr. Alexander's bid was only $310 lower than the person who received the bid last year. Mrs. Leavitt offered to contact Mr. Alexander for additional information and the Board agreed it would be a good idea to speak with Mr. Alexander personally. Mrs. Leavitt left the meeting to contact Mr. Alexander and reported back that he was willing to come down to the meeting. The Board continued with the meeting until Mr. Alexander arrived.

 

6. DISCUSSION - ATTORNEY TO REPRESENT TOWN - APPEAL: Mrs. Leavitt noted that an appeal has been filed regarding the Hannaford project Site Review as approved by the Planning Board and a determination has been made between both parties that the appeal will be heard through Superior Court, and the appellant filed the appeal with both the Town and Superior Court. Mrs. Leavitt noted for the Board that Attorney Norman Rattey of Skelton, Taintor & Abbott, the Town Attorney suggests the Town use Attorney William Plouff for any necessary attendance or action throughout the process. Mr. Richardson cautioned that if any attorney were present for any or all aspects the town would be billed. Discussion among the Board members noted that it is in the best interest of the town to keep the town involved with the process. Mr. Richardson then made a motion to retain Attorney Plouff to represent the Town of Turner during the appeal process for Hannaford, Mr. Keene seconded the motion and the vote was unanimous.

 

Further discussion resulted in a motion made by Mr. Terreri to retain Attorney Plouff to handle briefs and to attend any hearings only on an as needed basis, Mr. Timberlake seconded the motion and the vote was unanimous.

 

7. RESIGNATION AND APPOINTMENT - ZONING BOARD OF APPEALS: The Board of Selectmen reviewed a resignation submitted by Mrs. Karen Youland from the Zoning Board of Appeals and a subsequent application to be appointed to the Zoning Board of Appeals. The resignation is a result of Mrs. Youland's husband Kurt being a member of the Board of Selectmen when she was initially appointed and, as stated in her letter of resignation, she truly desires to remain a member, however, is seeking appointment through the existing Board of Selectmen. Mr. Keene made a motion to accept Mrs. Youland's resignation from the Zoning Board of Appeals, Mr. Timberlake seconded the motion and the vote was unanimous.

 

Mr. Richardson followed with a motion to appoint Mrs. Karen Youland to the Zoning Board of Appeals, Mr. Timberlake seconded the motion and the vote was unanimous.

 

8. WARRANT & NOTICE OF ELECTION - MSAD #52: Mrs. Leavitt referenced the warrant and notice of election as provided by MSAD #52 for the budget vote as scheduled. Noted was the date of 5/4/2010 for the tri town budget vote at Leavitt Area High School at 6:00 pm. The second notice was for the referendum validation for the three towns, scheduled for May 11th in each community from 1:00 pm to 7:00 pm. No approval necessary, only signatures verifying receipt of the notice.

 

9. MAINE DOT REQUEST FOR OVER LIMIT PERMIT INTERSECTION RTE 4 & RTE 219: Mrs. Leavitt referenced the request from MDOT for the over limit permit for work to be done as noted above and limited discussion resulted in noting that previous requests for the same type of activity was denied. Mr. Terreri made a motion to deny the request made, Mr. Timberlake seconded the motion and the vote was unanimous.

 

10. TOWN MANAGER'S BUSINESS: 10-1 Q & A MEMO: Mr. Keene provided the Board with a brief overview of the recent transportation committee meeting he recently attended and noted that the committee has agreed to continue meeting. Mr. Keene offered the survey results revealed for the cost per mile for road work, which was stated to be approximately $3,447/mile in the winter and about $10/mile less in the summer. Mr. Richardson inquired about the County Charter information referenced and Mrs. Leavitt noted that the County is moving forward with a commission to establish a county charter, with nomination papers now available. Mrs. Leavitt explained that potential candidates must circulate nomination papers and that our district could have two representatives. Mr. Rodney Shaw's name was mentioned as a possible candidate as he is knowledgeable and would potentially have the time; Mr. Timberlake will inquire whether or not Mr. Shaw has any interest. Mr. Terreri questioned whether or not the poison ivy at the Cobb Road ball fields has been treated and Mrs. Leavitt will follow up. 10-2 GRANT APPLICATION AUTHORIZATION: Mrs. Leavitt noted to the Board that a formal recorded vote is necessary to authorize the Town Manager to apply for some of the grant money available to assist with the restoration efforts at the Town House. Mr. Timberlake made a motion to grant authorization to Mrs. Leavitt to seek grant money as needed, Mr. Richardson seconded the motion and the vote was unanimous. 10-3 QUAD TOWN SELECTMEN: Mrs. Leavitt noted the next Quad Town Workshop has been scheduled for May 20th at the Sabattus Town Hall beginning at 6:00 pm. 10-4 PAVER: Mrs. Leavitt noted that a paving machine was delivered to the Public Works Garage for review and consideration. KRY Inc has submitted an offer to the town for the purchase of the paver, however, no final decision has been made and KRY has offered a trade for the smaller unit.

 

RETURN TO ITEM 5 - GRASSED AREA MOWING BID: Mr. Matt Alexander was recognized by the Board and Mr. Timberlake inquired what type of equipment Mr. Alexander owns to do commercial mowing and Mr. Alexander noted that he owns a John Deer 345 mower with a 50" blade with a bag, also a power broom and various hand tools.

 

Mr. Timberlake also inquired about any other commercial mowing contracts Mr. Alexander has had and Mr. Alexander noted he did the lawns at the Mobile located at 345 Center Street in Auburn and has worked for Mr. Peter Gilbert - Custom Millworks and Mrs. Leavitt tried to contact Mr. Gilbert for a possible reference, without any success. Mr. Richardson expressed a concern that the person who is awarded the bid also is willing to do the Landfill, however, it was noted that the bid specs as outlined allow people to bid one, or both. Further discussion regarding some of the mowing aspects such as the ball fields brought out the fact that daytime hours are required for the ball fields when there are games. Mr. Timberlake made a motion to award the contract to Gilbert Lawn Care for $7,200 with the Landfill for $700, Mr. Richardson seconded the motion and the vote was 2 in favor Richardson, Timberlake, 2 opposed, Keene, House, Mr. Terreri then voted against and the motion failed. Bidder Chris Poland was in the audience and noted that he heard there were problems with Mr. Gilbert who also had the bid for 2009. Mrs. Leavitt noted that additional areas were added last year, which was new and there was extremely wet weather, otherwise she had no issues with the quality of work Mr. Gilbert gave the town. Mr. Keene noted that he was willing to allow someone new to prove themselves, however, the Board in general had some difficulty with the equipment Mr. Alexander presently has to handle the various aspects of the mowing bid. Mr. Keene made a motion to award the bid the Mr. Alexander, Mr. House seconded the motion and the vote was two in favor, House & Keene and two opposed Richardson & Timberlake, Mr. Terreri voted against and the motion failed. Following additional discussion Mr. Richardson made a motion to award the bid to Gilbert Lawn Care for $7200 and to negotiate $600 for the Landfill, Mr. Timberlake seconded the motion, however, Mr. Richardson then amended his motion before a vote was taken to award the bid to Gilbert Lawn Care for $7,200, Mr. Timberlake seconded the motion and the vote was three in favor Richardson, Timberlake, Terreri, two opposed House, Keene, the motion passed.

 

Mr. Timberlake then made a suggestion that the Board offer the landfill mowing to Chris Poland of C & C Lawn Care, however, Mr. Poland wasn't interested in just the Landfill portion of the bid. Mr. Timberlake then made a motion to inquire if Gilbert Lawn Care would do the landfill for $600, Mr. Keene seconded the motion and the vote was unanimous.

 

11. CONSIDERATION OF ANY OLD BUSINESS: 11-1 PERSONNEL POLICY The Board continued their review of the Personnel Policy with Item 14 regarding drug & alcohol testing and determined the need of an additional sentence regarding any accident occurrence while working. Other review continued regarding descriptions of sick time to be included once a final draft has been approved. 11-2 RECYCLING CENTER DESIGN: Item tabled until next meeting. 11-3 BQMC CITATION ISSUES: Mrs. Leavitt sought direction regarding the outstanding citations at the BQMC facility noting that the required painting has not been done. It was suggested by Mr. Timberlake that various options be explored, however it was noted that by at least getting the painting done the Town would be in better compliance. The painting aspect as reviewed to date has resulted in expensive quotes into thousands of dollars. Mr. Timberlake noted a fear that ultimately the State will require the Town to install a sprinkler system due to the types of use. No action at this time.

 

12. CONSENT AGENDA: The minutes from 4/5/2010 were deemed to be in order. Mr. Keene reviewed the Disbursement warrants and recommended their approval. Mr. Richardson will not be at the May 3rd meeting and it was determined that Mr. Timberlake will review for that meeting with Mr. Richardson reviewing for the May 17th meeting instead. There were no Veteran's Exemptions, Abatements or Supplements to consider. Mr. Keene made a motion to approve the consent agenda as presented, Mr. Timberlake seconded the motion and the vote was unanimous.

 

13. ADJOURNMENT: The Board adjourned by mutual consent at10:00 pm

 

Respectfully submitted:

 

Sandra L Philipon

 

Assessing/Office Assistant