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Lamoine Selectmen Minutes

April 5, 2007

Chair Jo Cooper called the meeting to order at 7:07 PM

Present were: Selectmen Richard Fennelly Jr., Brett Jones, Josephine Cooper, Cynthia Donaldson, Chris Tadema-Wielandt ; Administrative Assistant Stu Marckoon, Deputy CEO Michael Jordan, and CTV operator Shannon Sasso. The meeting was recorded by Lamoine CTV on a DVD.

Agenda Review No changes were proposed to the printed agenda

Minutes of March 22, 2007: Several written minor changes were submitted by Richard and Jo. Richard moved to approve the minutes as corrected. Jo 2nd . Vote in favor was 5-0.

Salt Sand Shed Selectmen opened the proposals submitted by seven engineering firms. Jo read the prices proposed as follows:



Proposed Amount

Kiser & Kiser

$6,000 to $10,000

Lanpher Associates


Dirigo Engineering

$10,000 for design, $2,500 for bidding

Plus hourly rates for contract monitoring

A.E. Hodsdon


Engineering Dynamics


Plymouth Engineering




Selectmen reviewed each proposal to ensure that all had submitted the information required in the RFP advertisement, namely, qualifications, experience with similar projects and proof of insurance. It was generally agreed all the proposals met that criteria. Selectmen then engaged in an extensive and lengthy discussion about the scope of services of the various proposals.

Jo moved to table action on the proposals until later in the meeting when Selectmen could check their schedules for a special meeting time. Chris 2nd . Vote in favor was 5-0.

Roads Stu said he prepared a written report on the budget status of the roads, and once the plowing is done, there will be about $400 left. He said sweeping is not figured into that amount. Richard asked Stu what his projection of an unfavorable expenditure balance would be at the end of the fiscal year. Stu said it depended on the work that was done, but he would estimate about $10,000 as a very rough guess. Jo said she was thinking about that same amount. A short discussion followed on what needed to be done, and whether sweeping ought to be done. It was generally agreed that sweeping is a safety issue and should be performed. Cynthia asked what the estimated cost for Jay Fowler was for the damage repair he's performed. Stu said he would guess between $3,000 and $4,000.

Stu reported FEMA had visited Lamoine last Friday to review the road damage. He said Hancock County had enough damage, and if the figures match up with the FEMA estimates, the town might qualify for some help.

Selectmen discussed the need for a special town meeting to approve expenditures for road repairs. It was noted that other matters will have to go to a town meeting soon, and this would be included along with the salt/sand shed, and possible school matters.

Selectmen asked that Road Commissioner Dennis Ford attend the next regular meeting with a list of those maintenance items that must be done before July 1st .

Fire Department Water Source Problems Stu said this matter was for informational purposes only. He said a lot of silt has shown up in the pumps and tanks from pond water over the years. Mr. Jordan provided a further explanation. There was a discussion about some of the water sources and the desire to fill the fire trucks with clean water after using pond water. No action was taken on this matter.

School Matters Stu said he'd prepared a separate memo outlining a pair of issues. One has to do with a lower amount of state aid to education under the EPS formula coming to Lamoine next year than the town meeting had voted on. The other was the renovation project which has run into some problems involving the snow load on the roof portion of the project. Richard explained that a software program used in the estimates by the Sewell Company had some errors. He said when Oak Point Associates looked at the roof, it did not meet the snow load requirements after the roof is insulated. A short discussion followed on roof construction. Jo noted the school committee meets tomorrow at 1PM.

Shoreland Zoning Ordinance - Stu reported the approved Shoreland Zoning Ordinance was sent to the DEP as required. He said it's in basic compliance with some exceptions. He said the Planning Board was comfortable with the DEP's requirements. He said the DEP language has been added to the ordinance in the computer. He said the DEP was happy with the map that was e-mailed.

Brett asked if imposing an ordinance that has language different from that approved by town meeting is legal. Stu said he asked the DEP about that, and they advised that state law has to be followed. He said the DEP advised that a future town meeting could formally adopt the required state language. Brett asked if the town would run under the prior ordinance or the one that was just approved. Stu said it would be the new one with the additional language from the DEP. Brett asked if there was an additional risk if that was challenged. He said it's an edited document with the additional state language and asked how people could be held to that standard. Cynthia said the Planning Board spends a lot of time getting ordinances to match state law, and then the state changes, she asked why the town has to vote when the state says what the ordinance will be. Brett noted some of the language is more restrictive that the state. Stu noted that if the changes had not been adopted by the town, the town would fall under the state ordinance. Richard asked if once the conditions are incorporated into the town approved ordinance, does it require the town to approve them? Stu said it would be enforceable under state law. Jo said the more restrictive is the law. Stu said the changes required are not major changes. A short discussion followed on what changes were imposed.

Chris asked about the boat storage building change in definitions of functionally water dependent uses. He said the word recreational appears to be missing. Stu said he would check with the DEP. Jo said since the Planning Board is comfortable with the changes, she would move to include the state language with the ordinance as proposed. Chris 2nd . Vote was 3 in favor, 1 opposed (Jones) 1 abstention (Donaldson).

County Ambulance Contract Stu said he'd contacted John Partridge with the meeting schedule. A short discussion followed on whether the Selectmen needed to meet with Mr. Partridge.

Deputy Animal Control Officer Brett said he was confused by the situation under which Michael Arsenault was requesting that the town sponsor him, and asked if he was expressing interest in the position. Stu said he has. Brett asked if there was a clear understanding of the way the town works. Stu said he would try to make sure that is clear. He said there is a need for a Deputy ACO because Mr. Karst resigned and Mr. Lounder, the ACO, is going to be out of commission for a while. Chris asked if Mr. Arsenault had taken the ACO course. Jo said he wants to. Chris asked if it's appropriate to appoint him if he has not. Stu said he has a year to take the course.

Jo moved to appoint Michael Arsenault as Deputy Animal Control Officer. Richard 2nd . Cynthia asked if the job needed to be advertised. Stu said it didn't. Jo said there has not been lots of interest in the position. Vote in favor was 5-0.

Volunteer Firefighter Policy Chris moved to sign the policy regarding employees who are volunteer firefighters. Brett 2nd . A brief discussion followed in regard to the hourly compensation section. Vote in favor was 5-0, Selectmen signed the policy.

Personnel Evaluation Forms Selectmen reviewed the draft evaluation forms prepared by Stu. Cynthia asked if the employees had been consulted. Stu said he had not run the form by them. Cynthia suggested some order changes to the self-evaluation section. Brett suggested a general comment section for the self-evaluation section. Selectmen said the form with the changes would be used this spring.

Warrant 19 Selectmen signed expenditure warrant 19 for $128,724.06.

Cash & Budget Report Stu reported excise tax collections had picked up a bit.

Ramp Railing Stu said he called ADA Fence Company which had installed a fence at the transfer station several years ago for an estimate on the rail for the handicap ramp, and they had provided an estimate of $885.00. He said the rail would not exactly match the stainless steel rail on the cement steps. Richard moved to proceed with the project. Jo 2nd . Vote in favor was 5-0.

Comprehensive Planning Grant Stu reported the Hancock County Planning Commission asked if the town wished to move forward with an update grant this year. He said the deadline to do so is April 20 th , and the HCPC has a deadline of the 13 th to find out. Selectmen said the program comes around each year, and there is so much going on this year that it would have to wait.

Excise Tax Report Stu noted that his written report on comparison excise tax collections now includes the rapid renewal information.

Flag Program Stu reported that World of Flags told him the Cole Foundation is matching flag display purchases. Selectmen asked him to check that out further.

Next Meeting Selectmen set Monday, April 9, 2007 at 2:30 PM as the special meeting date to take action on the engineering proposals for the salt/sand shed.

The next regular meeting will be April 19, 2007 at 7:00 PM. Cynthia noted she would not be able to attend that meeting.

There being no further business, the meeting adjourned at 9:22 PM

Respectfully submitted,

Stu Marckoon, Adm. Asst.