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Lamoine Board of Selectmen

Minutes of April 16, 2009

Deputy Town Clerk Stu Marckoon called the meeting to order at 7:00 PM

Present were: Selectmen Kermit Theall, Gary McFarland, Richard Fennelly Jr. , S. Josephine Cooper; Administrative Assistant Stu Marckoon, Fire Department Chief Engineer Moe Oliver, Fire Chief George “Skip” Smith, Transfer Station Attendant William Fennelly, Deputy CEO Michael Jordan and Kathleen DeFusco. (Selectman Cynthia Donaldson had notified the board prior to the meeting she would not be able to attend).

Freedom of Access Training – Stu noted to Kermit and Gary that the required training materials were in their packet, and when they'd had a chance to read it over to complete the training form for the town records. Kermit said the packet was very helpful.

Elected Officials Workshop Training – Both Gary and Kermit said they would like to attend the workshop in Bangor on June 16 th . A short discussion followed about the workshop.

Board Chair – Stu opened the floor to nominations as chair for the next year. Richard nominated Jo. Kermit 2nd . There were no other nominations. Vote in favor was 4-0. Jo assumed chairmanship of the meeting.

Minutes of April 2, 2009 – Jo said she had some minor corrections, as did Richard. Jo moved to approve the minutes with the written corrections. Richard 2nd . Vote in favor was 4-0.

Expenditure Warrant 22 – Selectmen signed warrant 22 for $187,741.23. Stu reported he had moved $140,000 from the investments account to cover the checks.

Cash & Budget Report – There were no questions

Checking Account Reconciliation – Selectmen signed the statement indicating satisfaction with their review of the monthly checking account reconciliation. Stu explained that it was done once a month and tied to the general ledger per the suggestion of the town auditor.

Investment Management Account Report – There were no questions about the report from The First Advisors.

Selectboard Procedures Policy – Jo said the word by-laws should be changed to “rules”. With that change, she moved to approve the policy. Richard 2nd . Vote in favor was 4-0.

Fees – Selectmen noted a minor typographical error on the phone call line. With that correction, Jo moved to approve the fee schedule, Kermit 2nd . Vote in favor was 4-0.

Disbursement Policy – Stu noted the only change was made in anticipation of bills from the Regional School Unit. Jo moved to approve the policy as presented. Richard 2nd . Vote in favor was 4-0.

Sweeping Bids – Selectmen opened the two bids submitted. The bid from George Crawford was for a $2,000 lump sum or $75/hour. The bid from Richard McMullen was for $2,200 lump sum. Richard moved to award the contract to Mr. Crawford for the $2,000 lump sum. Kermit 2nd . Vote in favor was 4-0.

Incompatible Offices – Stu reported that he'd received a phone call from Marion McDevitt the day prior to the municipal Election Day indicating that she though having a Selectman serve as a ballot clerk was an incompatible office. Stu said he checked with Maine Municipal Association (MMA), and that while they advise against having a Selectman as a ballot clerk, it is legal. He said the caution came because of the potential for a recount in which the Selectmen act as supervisors.

Stu reported that because of the late hour, no other ballot clerk could be found to replace Cynthia Donaldson as a ballot clerk, so she helped count the ballots, but did not take part in the recount. Jo said the Municipal Officers' handbook was helpful in this regard.

Stu reported the other inquiry from Mrs. McDevitt had to do with the spouse of a Selectman serving on the Planning Board. Stu said he did some research to find out exactly when the Planning Board came into being. Richard said after reviewing the material Stu had presented, it looked like the Planning Board was reformed in December, 1970, which does raise a question. A short discussion followed.

Kermit asked if a conflict exists today. Richard said his opinion would be based strictly on the information provided by Stu. Stu suggested that the matter be tabled until Cynthia was present. No further discussion followed.

Electronics Retention Policy – Selectmen reviewed the latest draft of the policy and made no suggestions to change the proposal. Stu said he would ready the policy for final approval at the next regular meeting.

Lamoine Beach Toilet Bid – Richard said the draft ad did not include the frequency of service to the privy at Lamoine Beach . Stu said he could fix that. Richard asked about the amount of liability insurance. Stu said it should be $400,000 and it would be inserted into the ad. There was no objection to the request for bids with those changes.

Verizon Tower – Stu said the issue went before the Planning Board, and the Planning Board requested aquifer information and an opinion on whether the lot lease creates a non-conforming lot. He said the Planning Board had requested permission to contact the town attorney. Richard said that if the size of the lot lease creates a problem, he would favor leasing a 200' x 200' lot to Verizon with the same lease fee. A short discussion followed, and there was no objection to offering the increased lot size. Stu said he would contact Verizon.

Fire Chief Skip Smith asked where exactly the tower would be located. Stu explained the probable location. Kathleen DeFusco asked if that meant FIOS would be coming to town. Stu said no, but high speed wireless would be available and a lot of people have been asking for that.

Elections Ordinance – Selectmen noted that the language in the Ordinance regarding Municipal Elections, Terms of Office, and Assumptions of Official Responsibilities needed fixing in regard to the terms of the Selectmen. Stu said the language was left over from when the board increased to 5-members. Selectmen signed the ordinance as changed at the Annual Town Meeting on April 8, 2009.

Site Plan Review Ordinance – Selectmen signed the Site Plan Review Ordinance as amended at the Annual Town Meeting on April 8, 2009.

Gravel Ordinance – Selectmen signed the Gravel Ordinance as amended at the Annual Town Meeting on April 8, 2009

Building & Land Use Ordinance – Selectmen signed the Building & Land Use Ordinance as amended at the Annual Town Meeting on April 8, 2009

Budget – Stu reported the budget article for capital projects included a higher figure than needed for the fire truck loan payback. He suggested that could be amended at a special town meeting to be called for the school local advisory committee ordinance and the supplemental school budget.

Fire Truck Chassis Bid – Stu reported the Fire Department is looking at a very aggressive time line to obtain a chassis for the fire truck approved at the annual town meeting. Richard asked if that was to avoid the higher cost of obtaining the next model year. Chief Smith said that was correct – as the next model year was likely to be more expensive. Chief Engineer Oliver said a different engine would be included in the next model year on some trucks, and he didn't know what the new engines would do.

Richard asked if the Fire Department felt comfortable with having bids back in a short period of time and that the chassis could get done. Chief Engineer Oliver said if the bids are back and opened by April 30, 2009 the chassis could get ordered and the town could save $6,000 to $10,000. Chief Smith said he's not sure if a deposit will be needed. He said the Fire Department has enough money to take care of a deposit. Jo said that made sense to her.

Chief Smith said the fire department tried to make the bid as generic as possible so any company could try to submit a bid. Jo asked if the truck would have an automatic transmission. Chief Smith said absolutely it would.

Chief Engineer Oliver said selling the present brush truck (405) may be difficult. He said one option would be to submit the truck as a trade-in with the apparatus manufacturer. He said another option is to have a broker sell the truck for the town with a commission agreement. A short explanation of potential commission agreements followed.

Richard asked if the chassis would be shipped directly to the manufacturer. Chief Engineer Oliver said it would as it would also save some money.

Selectmen agreed to have bids due by April 27, 2009 and set a special meeting at 7:00 PM at the Town Office to open and possibly award the bids.

Special Town Meeting – Stu said he's waiting on the present School Committee to come up with a supplemental budget to put out to town meeting. There was a lengthy discussion about the change to the 4 th bullet point on the Local School Advisory Committee Ordinance as proposed by the School Board.

There was also a lengthy discussion about Section V of the proposed ordinance (Personnel) and whether executive sessions are appropriate. Selectmen indicated they wished to meet with the school committee in regard to the proposed ordinance and to clarify what the role of the Local Advisory Committee would be in regard to personnel issues. Stu said he would contact the Superintendent of Schools.

Other Business – Mrs. DeFusco reported that Rite Aid has a medicine disposal program and left an envelope and brochure with the Selectmen.

Richard noted that the Municipal Officers Manual is available on-line from Maine Municipal Association.

Jo said someone expressed concern over care of Veterans Graves. Stu said the town is required to display a flag on the graves and that is done each Memorial Day. He noted that is one of his favorite activities.

The Lamoine Historical Society submitted an application for the proceeds of the returnables program. Stu reported November is the next month available. Jo moved to approve, Kermit 2nd . Vote in favor was 4-0.

Minutes of the Recount – April 13, 2009 – Jo moved to approve the minutes as presented. Kermit 2nd . Vote in favor was 4-0.

Veterans Memorial - Jo reported that the committee met the previous night. She said despite the loan forgiveness, the committee would like to continue to oversee maintenance of the Memorial, meeting about 3-times a year.

She said the committee would like to see the proceeds of brick sales be used in the Veterans' Memorial Fund for maintenance. Stu said the Selectmen ultimately manage that fund. Jo asked if the Staff could handle brick sales. Stu said they probably could, but he would like to meet with Fred Wieninger to see how he would like that accomplished.

Jo said the committee would like some sort of Memorial Day ceremony. Mrs. DeFusco said she had contacted the Cub Scouts. Mrs. DeFusco said the chair was raffled off at town meeting and that raised $587. She said the winner of the raffle, Carleton Brodie, donated the chair back to the committee, and it was the unanimous vote of the committee to give it to the next baby born to a Lamoine resident. There was no objection from the Selectmen.

Next Meetings – The Selectmen will hold a special meeting on April 27, 2009 with regular meetings on May 7, May 21, June 4 and June 18.

Windmill – Landowner Herb Watson told the Board he was exploring the idea of putting a windmill next to the barn he built on the corner of Mud Creek Road and Partridge Cove Road . He said he wanted to get the feelings of the Board about that. Jo said that would properly go before the Planning Board or the Code Enforcement Officer. Mr. Watson said the town apparently has no ordinance against windmills. Richard asked how high the windmill would be. Mr. Watson said about 50-feet. Stu said accessory structures such as towers are allowed without height limits according to the Building and Land Use Ordinance. He said the Code Enforcement Officer or the Planning Board would be the administering authority.

Executive Session – Jo moved to enter executive session pursuant to 1MRSA §405(6)(a) to discuss contract negotiations with the transfer station attendant. Gary 2nd . Vote in favor was 4-0. In at 8:17 PM Out at 8:42 PM

E-mail request – Lamoine General Store – Stu reported that he had a request from the owner of the Lamoine General Store asking that an e-mail announcing a cash reward for information about theft of banners from the store be distributed on the town's e-mail list. He said he would like guidance from the Board. Richard said he didn't have a good feeling about it. A short discussion followed. The consensus of the Board was that it would not be an appropriate use for the town's e-mail distribution system.

There being no further business, the meeting adjourned at 8:45 PM

Respectfully submitted,

Stu Marckoon, Adm. Asst. to the Selectmen