TOWN OF TURNER

 

BOARD OF SELECTMEN

 

MEETING MONDAY APRIL 7, 2008

 

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. Kurt Youland, Mr. Angelo Terreri, Mr. Richard Keene, and Town Manager Eva Leavitt, several member of the Leavitt Institute Board of Directors, members of TCA and several other residents with interest.

 

2. Adjustment to the agenda: Town Manager Eva Leavitt requested 4 additional items be added to the agenda as follows:

 

1. TCA - Discussion - follow up to Town Meeting Vote

 

2. Resolution - Investment set up papers - Androscoggin Bank

 

3. Possession Letter - Foreclosed tax account not settled

 

4. Resignation - Zoning Board of Appeals

 

Discussion for consideration of the above items resulted in item 1 becoming item 5A on the Agenda as set, and the remaining items will be discussed with the Town Managers' Business

 

3. ELECTION OF CHAIRMAN  & VICE CHAIRMAN: Mrs. Leavitt noted for those present that one function of the Board of Selectmen is to annually elect a chairman and vice-chairman at the first meeting following Town Meeting, and following this information Mr. Youland nominated Mr. Angelo Terreri which Mr. Keene seconded. Noting no further nominations Mr. House declared the nominations closed and the vote for Mr. Terreri was unanimous. Mr. Terreri then nominated Mrs. Goodwin as Vice-Chairman and Mr. Keene seconded. Noting no further nominations, Mr. House declared the nominations closed and the vote was unanimous by those voting.

 

4. RULES OF PROCEDURE - POLICY OF BOARD OF SELECTMEN/REQUIRED: Mrs. Leavitt referenced copies provided to the Board regarding Conflict of Interest and Maine's Right to Know Laws; she noted to the Board that the Right to Know Law information is required training that is offered through the Maine Municipal Association's web site and can be done on-line. Mrs. Leavitt also noted that MMA has a legal department that is used by the Town when necessary as well as the Town's Legal Counsel which is Skelton, Taintor and Abbott; and Mrs. Leavitt noted to the Board that any legal questions/issues should go through the Town Manager, unless the Board of Selectmen request otherwise. Mrs. Leavitt provided a brief explanation of the Code Enforcement Officers' role for the newly elected Selectman; and encouraged the Board members to obtain user identification from MMA and become familiar with their Web site. Mrs. Leavitt reminded the Board members of required National Incident Management Training, which affects the Town's possibilities for, grant money through Homeland Security. RULES OF PROCEDURE: Mrs. Leavitt noted to the Board that previously the Board of Selectmen have adopted Roberts Rules of Order for procedural practice and inquired if this Board is fine with using Roberts' Rules of Order, and the Board was in favor of continuing with Roberts' Rules of Order at this time. No further discussion.

 

5. AWARD OF MOWING BID: Mrs. Leavitt referenced the breakdown as provided for those bids received for mowing town property as follows:

 

MOWING TOWN PROPERTY and LANDFILL

 

All-Terrain Lawn Care: $ 7,200 $600

 

C & C (Chris Poland): $ 7,875 $585

 

Pete's Yard Care - Peter Bragdon: $ 9,990 $300

 

Child Lawn & Landscapes: $10,160 $500

 

GLC (Gilbert Chip) $10,200 $700

 

Cut Above Lawn $19,360

 

ERP Lawn care - Packard Ed $48,300

 

Mrs. Leavitt noted to the Board that she checked references on 4 of the 7 bidders and all references were good. It was noted that there are three additional sites included on this years' bid specs. Mrs. Leavitt noted for the Board that GLC was awarded the bid for the past season and did an outstanding job with only a couple of calls received during the process. Mr. Youland questioned why there was consideration to mow the landfill twice during the season and Mrs. Leavitt noted that the staff at the Transfer Station suggested that it be done twice.

 

Mr. Youland then questioned whether the successful bidder would be required to provide proof of insurance and Mrs. Leavitt noted that it is the responsibility of the successful bidder to provide Workers' Compensation and Liability Insurance. Following this discussion Mr. Youland made a motion to award the bid for mowing town property to All-Terrain Lawn Care for $7,200, Mr. Keene seconded the motion and the vote was unanimous.

 

5A TCA DISCUSSION: Mrs. Leavitt noted that some art pieces have already been removed from the Center and, she wanted to assure the Board that the facility has been secured; anyone entering the building from this point forward is authorized to do so. Mrs. Leavitt reminded the Board that the Center is the responsibility of the Board of Selectmen and the Board can help to settle the affairs. A resident who recently became associated with the Arts Center was present to discuss the transition/action plan to officially close the facility. Her name is Vivian and also present were Ms. Liz Cobron and Mr. Arnold Roy.

 

There was some discussion regarding the need to fulfill the responsibility of the Arts Center to proceed to close following the vote at Town Meeting. Mrs. Wadsworth has been informed of the wishes and, knowing the history between the Leavitt Institute Board of Directors and the Turner Center for the Arts, it is being requested by Mrs. Nancy Trider that the Board of Selectmen acknowledge there is a potential liability involved while working to close the exhibit. Vivan thanked the Board for securing the buildings. A proposed action plan was presented to the Board.

 

Mrs. Leavitt noted that she contacted the Town's auditor and inquired about any debt that my be required to be paid as a result of the closing, and she was advised that contingency could be used to settle any outstanding debt the arts center may have. Items of debt may include the membership list, as that money may need to be refunded; and Mrs. Leavitt recommended that the Board accept the offer of assistance from the former Arts Center Board Members to accomplish the closure. Mrs. Goodwin noted that there might be some equipment that belongs to some former Board members, and those items should be labeled. Mrs. Leavitt added to Mrs. Goodwin's comments noting that some equipment does belong to some members, and some was donated to TCA. Mr. Roy noted that the primary responsibility is to the artists and the art should be returned to the proper people. Mr. Roy went on to note that a coordinated method of returning personal property should be developed between the Town and TCA, and he suggested perhaps a small group of people determine on a timetable and have access for the artists to pick up their work. Mr. Youland questioned what a reasonable time frame might be and it was suggested that the group be allowed 30 days to complete the process.

 

It was suggested that Nancy Trider be named the point person for the Arts Center, Liz Coburn, Pam Bell, Mary Beth Morrison and Arnold Roy are all willing to serve as the committee to oversee the closure. Mrs. Leavitt noted there will be many details to complete over the next 30 days and suggested that the Board appoint the people as mentioned for the interim plan, items will continue to be stored in the building until they can be retrieved.

 

Mr. Ralph Caldwell-Chairman of the Board of Directors for the Leavitt Institute Building was present and noted that the LIB has a meeting scheduled for Sunday April 13th, and noted that although he can't speak for the LIB Board, he wasn't personally opposed to anything being stored in the building, however, the Town should not be responsible for items in the building. It was noted that all items should be returned to the people they belong to. Mrs. Joan Bryant-Deschenes questioned if an inventory of the items exist and it was acknowledged that yes, an inventory has been done as the exhibit has begun to be dismantled, and all items have been recorded. There was a question that if there is art in the community room, can and should it be relocated due to the fact that the community room receives heavy use.

 

Mrs. Leavitt noted that the financial aspects of the TCA need to be discussed for the purpose of any refunds that may need to occur, she noted that the petty cash box is now at the Town Office an secure in the town's safe; and she will meeting with any who have handled the petty cash and provide the Board of Selectmen with a final report at the next meeting. Following this discussion Mr. Youland made a motion to appoint Town Manager Eva Leavitt to reconcile the financials for TCA and bring the information to the next Board of Selectmen meeting; Mrs. Goodwin seconded the motion and the vote was unanimous.

 

Mrs. Goodwin then made a motion to appoint the five people identified: Nancy Trider, Liz Coburn, Pam Bell, Mary Beth Morrison and Arnold Roy as a core temporary committee to dismantle the various other aspects of the closure as necessary and report to Mrs. Leavitt; and to try to complete within 30 days. Mr. Youland seconded the motion. Mr. Terreri noted that if the closure can't happen within the 30 days, Mrs. Leavitt should be notified the week before that 30-day period expires. Mrs. Leavitt noted she would generate notice of the closure in various formats such as a notice in the paper, the town's web site.

 

Mrs. Goodwin thanked those members present for their willingness to assist with an organized closure. There was some discussion regarding the computer at the Arts Center and, it was noted that the computer will need to be accessed during the actual closure, and Mrs. Leavitt acknowledged their need for continued access to the computer; and requested a membership list as soon as practical. There was some discussion about pro-rating the membership fees and it was noted this would be done through Town Manager Eva Leavitt. It was noted that the signs on the State Roads would need to be removed. Mrs. Leavitt has contacted MDOT to have them removed. No further discussion at this time.

 

6. EXTENSION OF PAVING BID: Mrs. Leavitt made reference to the estimate she received from Rampart Bituminous LLC regarding to continue road work as outlined through Road Committee meetings, and that it was suggested contact be made to Mr. Tom Gibson of Rampart. Rampart has acknowledged that they will honor their 2007 bid price for paying of Lower Street at the price of $54.60 which was the bid price, and Rampart will doe the second half of Lower Street at last years price with an increase to $60/ton. for Plains Road, Tidswell Road and the Town Office parking. It was suggested that the Town consider stockpiling of cold mix. Mr. Youland offered some input regarding the remaining paving needs and noted that the overall costs will be hundreds of thousands of dollars, and, yes Rampart should honor their bid price for the completion of Lower Street, however prices could be very different for the coming season. Mrs. Goodwin then made a motion to have Rampart finish the second half of Lower Street and do Tidswell Road, Plains Road and the Town Office Parking lot; Mr. House seconded the motion and the vote was unanimous. Mr. Keene then questioned what the town uses cold mix for, and it was noted that it was used to patch mostly, however, Mr. Keene also noted that that type of material doesn't hold very well. No further discussion at this time.

 

7. MUNICIPAL QUIT CLAIM DEED - LIEN RELEASE: Mrs. Leavitt presented a deed to the Board to release the Town's interest in property located on Fern Street now belonging to a Nicholas Nickerson that wasn't done when the lien was paid previously. It was noted that the taxes are current, however, the lien release was never done and she recommended signing the quitclaim deed to clear the title. Following limited discussion Mr. Youland made a motion to approve the quitclaim deed, Mrs. Goodwin seconded the motion; and the vote was unanimous.

 

8. TOWN MANAGERS' BUSINESS: Before beginning the Town Managers Business Mr. Terreri brought up the Tri Town meeting scheduled for 4/10/2008 and suggested meeting at Schrepps to travel together. The Board agreed to meet at 6:00 to travel together. 1. Q & A WEEKLY MEMO: None. 2.UPDATE - TRUCK PURCHASE: Mrs. Leavitt noted that Highway Foreman Charlie Poland is pleased with the new Sterling purchased recently. 3. DEP INSPECTION: Mrs. Leavitt referenced the report as provided by DEP Employee Linda Butler who conducted an inspection recently at the Transfer Station, and although there were some areas noted that require some attention, there were no major violations. It was noted that the area for the refrigerators doesn't meet proper setbacks and that Ms. Butler noted some items being stored are being stored improperly. Selectman House noted that Mrs. Leavitt should be acknowledged for her efforts to clean the site and avoid any fines by DEP. 4. MOVE UPDATE: Mrs. Leavitt noted to the Board that all is in place for the move to the new building. Staff members will remain on site late Thursday evening to finish up last minute preparation, technical assistance will be present on Friday from Northern Data, Oxford Networks, IT person Barry Grant, Commercial Communications for the phone system and Seacoast Security for the photocopier. The intent is to use Saturday if necessary to organize the workspace, but the office should be up and operating Monday April 14th. The Town will hold a tag sale to sell any surplus property not needed in the new building and be done with the surplus items by April 16, 2008. FINANCIALS: Mrs. Leavitt reviewed the financials and Mrs. Godwin noted she was impressed with the percentage of collection for taxes with the second half due date around the corner. Mrs. Leavitt noted that LIB is getting close on their reserve account and it is necessary to encourage rental space income. Mrs. Leavitt has called regarding State Park funding amounts and has not received any return calls. Possible considerations for June are overdrafts.

 

RESOLUTION WITH ANDRSOCOGGIN FOR NEW INVESTMENT ACCOUNT: Mrs. Leavitt acknowledged that this is required to allow her to establish the new investment account as discussed previously, and that the document requires the signature of two Selectmen. Mr. House made a motion to sign the resolution with Androscoggin Bank as presented, Mr. Keene seconded the motion and the vote was four in favor, Youland, Keene, Terreri & House; Mrs. Goodwin abstained due to personal conflict, the motion passed.

 

ANDROSCOGGIN RIVERLANDS PLAN UPDATE: Mrs. Leavitt noted to the Board that the Riverlands project with FPL is moving forward with Mrs. Goodwin as the representative and Mrs. Leavitt will probably not continue to attend the meetings in the future. The Planning Board has concerns regarding enforcement and have contacted the local Sheriff Department and were informed that FPL can and will fund an additional officer if necessary. Mr. House noted that Lewiston/Auburn and other communities are interested in working together to move forward with the project. The plan as prepared will be available for public review and a copy will be sent to the Town Office. SURPLUS TO REDUCE TAXES: Mrs. Leavitt noted that Selectman Jody Goodwin had requested that the surplus from the town office building project be used to reduce taxes and Mrs. Leavitt will make a recommendation to the Board as to how much could be used for that purpose.

 

9. CONSIDERATION OF ANY OLD BUSINESS: NONE

 

10. CONSENT AGENDA: The minutes from March 17, 2008 were deemed to be in order. Mrs. Goodwin reviewed the disbursement warrants and recommended their approval, however she also noted there was one small issue with check numbers not matching which was explained. Mrs. Goodwin also noted that there was a bill for Goodwin Well & Water in this warrant for review. Mr. House will review the disbursement warrants for April 22, 2008 and Selectman Dick Keene will be present as well. Mrs. Goodwin made a motion to approve the consent agenda as presented, Mr. Keene seconded the motion; and the vote was unanimous.

 

11. EXECUTIVE SESSION: MRSA TITLE 1 ss 405 - Consultation with Legal Counsel: Mrs. Goodwin made a motion to go into executive session at 8:55, Mr. Youland seconded and the vote was unanimous. Mrs. Goodwin made a motion to come out of executive session at 9:30, Mr. House seconded and the vote was unanimous. Mrs. Goodwin then made a motion to have Town Manager & Mr. House address a legal issue with the Town Attorney, seconded by Mr. Youland; and the vote was unanimous.

 

12. ADJOURNMENT: Mrs. Goodwin made a motion to adjourn at 9:32, Mr. Youland seconded and the vote was unanimous.

 

Respectfully submitted:

Sandra L Philipon

Assessing/Office Assistant