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Lamoine Board of Selectmen

Minutes of July 2, 2009

Chair Jo Cooper called the meeting to order at 6:32 PM

Present were: Selectmen Cynthia Donaldson, S. Josephine Cooper, Richard Fennelly, Jr., Gary McFarland, Kermit Theall; Administrative Assistant Stu Marckoon (arrived 6:40 PM), Animal Control Officer Michael Arsenault, Deputy CEO Michael Jordan.

Executive Session – Jo moved to enter executive session pursuant to 1 MRSA §405(6) (a) for the purpose of conducting job performance reviews with the Animal Control Officer and the Deputy Code Enforcement Officer. Cynthia 2nd . Vote in favor was 5-0. In at 6:37, out at 7:07.

Regular Meeting – Jo called the meeting to order at 7:07 PM. The meeting aired live on Lamoine Cable TV channel 7, and the first 1.5 hours were recorded on DVD.

Present in addition to those named above were Harry Hamor, Fire Captain Jerry Jordan, Fire Department Chief Engineer Moe Oliver, Fire Chief George Skip Smith, and Firefighter Jennifer Reynolds

Minutes – June 18, 2009 – Richard handed in some minor written corrections to the minutes, as did Cynthia. Jo moved to approve the minutes as corrected. Kermit 2nd . Vote in favor was 5-0.

Expenditure Warrant 28 – Selectmen signed warrant 28 for $96,020.85. Stu said a $69,000 school bill that he didn't expect was included. He said until earlier this day there was not enough money in the school fund to cover that bill, but a check from the State of Maine for $54,000 arrived and that covered it. Richard asked about the remainder of Stu's salary and the bank mileage payments on the warrant. Stu explained that the contract divides his salary into 27 payments instead of 26, and the last pay period turns out to be the final two salary installments. There was a discussion about reimbursing employees quarterly for the bank trip mileage instead of annually.

Expenditure Warrant 1 – Selectmen signed warrant 1 for $56,229.82. Stu said the fire truck chassis for $34,111 was most of the warrant, along with the one time payments to the various outside agencies.

Cash & Budget Report – There was a brief discussion about excise tax revenue and investment interest revenue shortcomings for FY 2009. There was also a brief discussion about school revenues exceeding budget, and that excess bumping up the bottom line on the general fund in the cash and budget report.

Encumbrance Orders – Stu said he'd not been able to prepare any encumbrance order. He said the fire department will have some thanks to a recent grant receipt, and the road damage from the flood will warrant another. He said he hopes to have that for next meeting.

Fire Truck Loan – Stu reported that attorney Michael Trainor has prepared the bid advertisement and it has gone out and should be ready to be opened at the next regular meeting. He said one bank has already indicated that it does not wish to bid on the loan.

Audit – Stu reported the auditors were here on June 18th to do preliminary field work. He said he put the engagement letter in the Selectmen packets.

Credit/Debit Card Acceptance – Stu said he talked with a representative from the town's bank, and there apparently is no way to pass the actual merchant fee onto the customer. He said one other town the bank was dealing with is using a convenience fee that was $8.50 per transaction. He said that seemed a little steep for a small transaction, but not enough for a multi-thousand dollar tax bill. He said he is not recommending acceptance of cards at this time.

Excise Tax Report – Stu said the quarterly excise tax report was with the materials left for the Selectmen this evening. There was no discussion, as excise tax was discussed in the cash and budget report.

Fire Truck Body Bid – There was one bid that arrived. K&T Environmental Equipment Company bid $52,000 to construct the body on the new brush truck. Stu said that would put the project under budget. Moe Oliver said he would like to include a nozzle for the new truck which costs about $750. Richard said if that comes in within budget, that would be OK. Kermit asked if Chief Engineer Oliver was comfortable with the specification of the bid. Mr. Oliver said if the specs as advertised were followed, the town would be in good shape. He said the new truck should have lots of flexibility.

Richard said the bid requires payment of $23,000 when the Compressed Air Foam System (CAFS) arrives. There was a brief discussion of the funding.

Jo moved to award the bit to K&T plus $750 for the Saber Jet Nozzle. Kermit 2nd . Vote in favor was 5-0.

Certificates for Public Service – Selectmen signed certificates for public service for the following:

Colene Sharkey

Tax Assessor

Christina Maguire-Harding

School Committee

Faith Perkins

School Committee

Robert Pulver

School Committee

Kathleen Rybarz

School Committee

Nancy Sargent

School Committee

Sara O'Connell

Parks Commission

Personnel Appointments – Stu reported Mike Jordan is the only one who has expressed any interest in being the Road Commissioner. There was a brief discussion about the job description and the method of advertising. Jo moved to appoint Mr. Jordan as Road Commissioner. Gary 2nd . Vote in favor was 5-0.

Selectmen noted that Amy Morley expressed interest in serving on the Conservation Commission. Jo moved to appoint her to the seat vacated by Lynda Tadema-Wielandt. Cynthia 2nd . Vote in favor was 5-0.

Stu said he had not received any interest from anyone about serving on the local school advisory committee. There was a discussion on how to advertise the opening more widely. Stu suggested a press release to the area newspapers. There was no objection.

At this point in the meeting Richard presented Jo with a homemade “gavel” to assist in the conduct of the meeting. Though the device is very small physically, it apparently wields great power.

Roads – Stu said a written report about the June 20, 2009 flooding, including lots of pictures was in the Selectmen's packet. He reported that Asa's Lane and Buttermilk Road were fixed up by Jay Fowler's crew. He said a FEMA Representative is expected in town on Wednesday.

Richard gave a detailed report about the flooding on Jordan River Road (State Highway 204) and his conversation with Maine DOT officials. He said the DOT expressed concern about environmental issues should the culvert be resized, and material removed from the stream, even though the material washed out from the road shoulder. Richard said he attempted to impress upon the MDOT that if another flood happens, he would hold the state liable for damages to his land. There was a discussion about state priorities, safety issues, barricades, and potential FEMA assistance.

Stu reported that Lane Construction would be paving Buttermilk Road on Monday.

Stu reported he finally found a crack sealing company and they had presented an estimate on sealing Seal Point Road . There was a discussion about cash flow, the advantages and disadvantages of crack sealing, and the crack sealing business in general. Jo moved to award the crack sealing bid to AnnSeal, Inc. Kermit 2nd . Vote in favor was 5-0.

Contracts – Dennis Ford – Item # 3 in the job description needs to be reworded to correct grammar. Jo moved to approve the contract as corrected, Richard 2nd . Vote in favor was 5-0, Selectmen signed the contract.

Michael Jordan (Deputy CEO) – Cynthia moved to approve the contract. Kermit 2nd . Vote in favor was 5-0, Selectmen signed the contract.

Michael Arsenault – Cynthia moved to approve the contract. Richard 2nd . Vote in favor was 5-0, Selectmen signed the contract.

Shellfishing Regulation - There was a brief discussion about the Gouldsboro ordinance. Stu reported that Jim Norris had suggested that an exploratory committee be set up. He said Mr. Norris had offered to serve on that committee as had Jennifer Reynolds and Paul Davis. Jo moved to authorize such a committee. Richard 2nd . Vote in favor was 5-0. Jo moved to appoint James Norris, Jennifer Reynolds and Paul Davis to the committee. Gary 2nd . Vote in favor was 5-0.

Michael Jordan asked about the size of the committee. Jo said the committee could sort that out.

Special Town Meeting – Stu reported there are a couple of items he wanted to discuss putting on the warrant before the Selectmen sign it. He reported that Bar Harbor Trust had contacted him about a trust fund left by Leurene Hodgkins that distributes money to be used for town buildings and/or parks once the fund reaches $350,000. He said it will be a very long time before that happens as it's only at about $200,000. There was a discussion about the fund. Jo moved to add acceptance on the warrant. Kermit 2nd Vote in favor was 5-0.

Selectmen set July 23, 2009 at 6:30 PM at the Lamoine School as the time and location for the Special Town Meeting.

Local Advisory Committee Ordinance – Selectmen signed the ordinance which passed at the June 24, 2009 special town meeting.

Administrative Assistant Job Description – Stu said he had redrafted a couple of items as requested by the Selectmen. There was a brief discussion about the communications coordination aspect. Cynthia asked to make sure the job description and the policy manual notebook is kept up to date.

Jo moved to approve the additions to the Administrative Assistant's Job Description. Cynthia 2nd . Vote in favor was 5-0.

Grants – Stu reported he will be ordering the items approved by the Maine Municipal Association safety grant for the fire department. He said that would be part of the next encumbering order as the grant was approved prior to the end of the fiscal year.

Stu reported that the Maine Emergency Management Agency had given initial approval to the Needle's Eye Road culvert project. He said Joanne Mooney of that office in Augusta was a tremendous help in preparing the application.

Stu reported he had not heard anything about the process used to determine the Assistance to Firefighting Grants. He said this year's application was for additional rescue tools and safety gear.

Landfill testing – Jo moved to accept the changes as recommended by the Department of Environmental Protection. Gary 2nd . Vote in favor was 5-0. Stu said he would contact the contractor who provides the DEP well monitoring as well as the owners of the residential wells to let them know about the changes. There was a brief discussion about the cost savings.

Lamoine Quarterly – Stu said he finished the quarterly earlier in the day and would like the Board to review it as he'd like to get it printed on Monday. He noted that a lot of outside articles were submitted, and he did not have room for all of them. The Board indicated they would look over the draft.

Rental of 252 Lamoine Beach Rd. – Jennifer Reynolds said she was thinking of starting a retail shellfish company. She said she went to school and majored in mariculture. She said she has talked with the Department of Marine Resources (DMR) about licensing. She said she might be able to get up and running this summer, but more likely next summer. She said there is a building available on wheels that could move. She said she realizes she would need to go to the Planning Board. She said the question is whether she could lease the property at 252 Lamoine Beach Road (the former Anderson property).

Richard said that would be a wonderful use for the property. He said the town would have to vote on that. Jo said she thought it was a wonderful idea. Kermit noted that encouraging business is one of the goals of the Selectmen. Miss Reynolds said she might be able to purchase shellfish directly from the harvesters instead of through a processor in Ellsworth. Jo said the Board wants to foster local business and this space could be utilized. Miss Reynolds said she is buying the building from Lynn Karst who attempted such a business at a poor location.

Stu said the Selectmen could also place this item on the Special Town Meeting warrant for July 23. Gary said Miss Reynolds would have to have liability insurance. Miss Reynolds said she was researching that. She showed off a potential logo for her business which she would call “Latona Seafood”. Jo said the town would likely be pretty open to the idea. She encouraged Miss Reynolds to attend the town meeting to answer questions. Jo moved to include authorization to lease the property on the town meeting warrant. Richard 2nd . Vote in favor was 5-0.

Goals – Gary outlined a discussion he had with members of the Ellsworth Chamber of Commerce about ways of attracting small business to town. There was discussion of putting together some sort of plan to encourage business in a way that does not affect the aesthetics of the community. Some of the questions to potentially discuss with an economic development person are:

The Board felt the net step should be to bring people into a conversation at a meeting sometime after Labor Day. Gary said the Ellsworth Chamber of Commerce could meet after their Autumn Gold event is done.

Sculpture – Cynthia said the Bureau of Parks and Lands would send a letter of agreement to the sculpture symposium. She said the town's part is only in support of the project. She said she drafted a letter and would like to put it on letterhead for signature by the Board. She said there is no municipal funding required for the project.

Kermit asked why the Selectmen are signing. Richard said the Board would welcome the involvement. Cynthia said if the State Park were not the setting, the town would be signing the agreement to host. She reported that sculptor Roland Meyer was chosen for Lamoine's project. There was a brief discussion about where the sculpture would be located. She said the project would start on August 2, 2009 and the sculpture would be installed in mid September. She said there would be some sort of celebration in the park.

Selectmen signed the letter supplied by Cynthia. Cynthia reported about $2,900 had been raised thus far.

Town Meeting Warrant – Stu drafted the town meeting warrant for July 23, 2009 with the LD-1 question, the Hodgkins Trust Fund question, and the property lease authorization question for signature. Jo moved to sign the warrant, Richard 2nd . Vote in favor was 5-0. Selectmen signed the warrant.

Next Meeting(s) – The Board agreed to meet immediately after the special town meeting on July 23, and the next regular meeting will be August 6, 2009. The regular twice a month schedule resumes in September as follows:

    1. September – 9/3/09, 9/17/09
    2. October – 10/1/09, 10/15/09

There being no further business, the meeting adjourned at 9:15 PM.

Respectfully submitted,

Stu Marckoon, Administrative Assistant