Wednesday, February 17, 2016
Budget Committee Meeting Notes:
These are not the official Budget Committee Minutes.
LMTS is not a member of the Town of Lebanon Budget Committee nor do I represent them in any way.
These are only my notes as an observer of that meeting.
Meeting called to order at 6 pm with 8 members of the Budget Committee, Selectmen Thompson and Heath, and 2 Lebanon residents as observers.
Rather than the usual practice of reading the minutes aloud, the minutes of the February 3, 2016 meeting were passed to each Budget Committee Member and each read the minutes silently.
Budget Committee Member Gilpatrick had a question with the proposed Cemetery Budget numbers, but the question was answered by Selectman Thompson.
Member Bragg motioned to accept the minutes as amended and Member Gilpatrick seconded her motion. All present members were in favor.
Selectman Thompson recommended that the Budget Committee review all of the proposed Fiscal Year 2016-2017 budgets, noting that there had been a few changes made from the Selectmen's Office, and that he would alert the Budget Committee as each effected budget line was mentioned.
The Budget for the Lebanon Town Office Building Maintenance line item had some changes made due to the separation of bids for the Town Property Mowing and the Cemetery Mowing. This resulted in a change, lowering the amount of money needed for the mowing of Town Property. Due to the fact that the mowing bids are out at that is time, LMTS is not going to mention the dollar amount as it may move to change a company's bid numbers.
The Budget line for the Lebanon Town Office - Office Equipment had increased from $1,200.00 to $2,700.00 due to the fact that the State of Maine Bureau of Motor Vehicles has begun to require Town Offices to employ the use of Laser Printers. The town currently uses the older Okie Data printers, which, according to Selectman Thompson, are no longer acceptable for BMV use.
The dollar amount for the Lebanon Town Office - Software Licensing also had risen, though only slightly, from $12,456 to $12,875. This is the money that the town pays for the TRIO bookkeeping software licensing.
A new Budget Line was added to the FY 2016-17 budget under Lebanon Town Office - Shredding. With all the purging and cleaning of old documents, the Town has found the need for some large scale shredding. According to Selectman Thompson, the Town has identified a person who brings in a 55 gallon drum for all items to be shredded, and then comes to the Town Office once a month and shreds everything in the barrel.
Member Brasko questioned the barrel being secure, to which Thompson stated the barrel was locked. However Member Harris-Howard worried if something were to be dropped in there in error, to which Thompson answered there would be some form of access.
The Committee Members moved on to the Line item for Legal Expenses. Selectman Thompson stated that the Select Board had recently received a letter from the Town's Law Firm stating that their rates were jumping from $225.00 to $245.00 per hour. According to Thompson, the Firm gave no reason for the jump in rate. In order to plan for that rate change, the Selectmen had changed the Legal Expenses for 2016-17 from the formerly proposed $35,000 to $38,000.
Member Gilpatrick questioned the Selectman as to why there was a separate line item under the Cemetery heading for Legal Expenses.
Selectman Thompson answered that the Board had chosen to designate $10,000 for legal expenses toward the legal work being done for the return of responsibility of Prospect Hill Cemetery to the Town of Lebanon by the Town of Milton, NH.
Gilpatrick then stated he thought that the Legal Expenses of the Cemetery budget should be moved to a separate sub heading under the Legal Expenses budget, saying that he found it misleading to the public to split the dollar value in such a way so that the number of money paid in total to the Town's Law Firm seemed smaller than the actual number.
All present Budget Committee Members agreed, and Selectman Thompson said that he could move the $10,000 proposed committal of Legal Expenses for the Cemetery budget to a new sub heading under Legal Expenses, and the combined total for Legal Expenses budget would then be $48,000.00.
Member Cole questioned the coverage afforded by the Town's insurance policy, asking whether the policy covered liability for all town properties, mentioning specifically several properties containing small ponds, and Gully Oven Town Park.
Selectman Thompson stated that he was not sure of what type of coverage, if any, were in place for each individual Town Property, but mentioned that Maine State Law covered property owners if someone were hunting or walking on property without specific permission to do so.
Selectman Heath made a statement that the Select Board had not yet met with the Town's Insurance Agent.
Member Cole stated that Gully Oven was a public space, and visitors there would not be on that property without permission, and Selectman Thompson repeated that he was not sure if the Town were covered with liability for Gully Oven or not, stating that the Board would soon be meeting with a representative from Cross Insurance.
Member Gilpatrick added that he would like to see an itemized list of which Town owned properties were covered under the Insurance Policy, as well as which Town owned equipment were covered, followed by a list of property and equipment that were not covered.
Selectman Thompson stated that the Town was not over budget on Insurance expenses, but whether or not the Town had proper coverage, he did not know, but that he felt the Selectmen would be more informed after speaking to the Agent from Cross Insurance.
Member Wood stated that the Depot Road Fire Station (Station 1) was not covered by Town of Lebanon Insurance as the building was owned independently by the East Lebanon Fire Department, Inc. however, he also stated that the Incorporation maintained an insurance policy on the building.
Discussion moved to the Code Enforcement budget, with questions regarding payment amounts for a Deputy Code Enforcement Officer.
Member Gilpatrick related a story regarding his recent application for a Building Permit for a garage he was building. According to Member Gilpatrick, he had waited for quite a while for his permit.
Selectman Thompson related to Member Gilpatrick that the Code Enforcement Agent had been at training sessions for the past 2 weeks, however Gilpatrick was upset by the fact that Acting Code Enforcement Agent, Paul Philbrick, seemed vague in his information and not forthcoming with the Building Permit.
The 14 minute long discussion and questions as to what the Code Enforcement Officer and Acting Code Enforcement Officer were getting paid to do led Member Neubert to remind Member Gilpatrick that the issues he was raising were better taken up at a Board of Selectmen's Meeting, however Member Gilpatrick stated that he would like to know more about the budget of $50,872.00 being set aside for wages of CEO and Deputy CEO, and what duties they were being paid to perform.
The Committee turned their attention to the budget item for the Appeals Board with $500 added in for "Staff Development and Training".
According to Selectman Thompson, the Board needs to familiarize themselves with changes in the State Laws.
Member Harris-Howard, who also serves as the Appeals Board Chairman, stated that it had been several years since any Appeals Board Members had been to a training course, and she felt that it was time they all had the chance to attend and update.
Budget Line item 2501, the Transfer Station budget showed a change to the line item for Waste Management.
Selectman Thompson stated that the Waste Management costs would be rising this year and also anticipated to rise again in FY 2016 -17 and therefore they had raised the numbers a bit on the proposed budget.
Member Gilpatrick passed out a packet of paperwork to each Budget Committee Member, stating that he had filed a Right to Know request with the Town of Lebanon, and upon paying the cost for the paperwork he had received, he states that he had gone to Staples and had copies of the paperwork created for each Budget Committee member.
Member Gilpatrick questioned Transfer Station Department Head Ronal Patch's management of Transfer Station hours, stating that there were 3 employees regularly working 36 hour work weeks, one of whom was Patch's Grandson, Jordan.
Selectman Thompson stated that he had been concerned about the Transfer Station hour discrepancies but stated that as a Board of three, he was only one, eluding to the refusal of Selectmen Heath and Nadeau to discuss Transfer Station problems during Selectmen's Meetings.
Member Gilpatrick asked if at any time the Selectmen had sat down and discussed ways to keep Transfer Station costs down, mentioning specifically, a building or area where residents could drop off items that were in good used condition, that other members of the community might find a use for.
Selectman Thompson stated that he had brought up ideas for saving money at the Transfer Station, such as Organic Composting, or other ideas, however his concerns and ideas had not been acted upon.
Thompson also stated that there had been conversation with the Lebanon Boy Scout leader regarding recycling efforts, but that too had been unresolved.
Member Gilpatrick stated that he had personally asked Ronal Patch about an area for resident to resident recycling of good used items, but Patch had stated that it would cause problems at the Transfer Station with "people fighting over the stuff".
Member Gilpatrick stated that from 2013 to 2015 the cost of Waste Management trash pick ups at the Lebanon Transfer Station had risen over $50,000. and that he was concerned that no one was looking at any types of alternatives.
Member Bright, only with the Budget Committee for his second meeting, stated that he had looked over Budget Committee minutes from the meeting with the Transfer Station Department Head and that he found the numbers to be concerning and the answers given by the Department Head to be of no help and very confusing.
Every person in the room, Budget Committee Members, Selectmen, and Local Resident Observers all laughed at his statement.
Several Budget Committee Members offered affirmation of the newest Member's confusion, stating that they had been left with many questions as well.
The next discussion was on the Lebanon Highway Department, with Member Gilpatrick stating that he thought the Department should not ditch the sides of roadways in town for at least a year, stating that the ditches are getting far too deep. Member Gilpatrick stated that the recent problems with Center Road "blowing out" were caused by the fact that the roadside ditches in that area were about eight (8) feet deep, and were causing the underside of the roadway to give out.
The discussion continued with Member Gilpatrick questioning the need for a Highway Department Laborer during the winter months working 20-30 hours per week.
Selectman Thompson stated that Road Commissioner Torno had stated his need for the employee.
Member Gilpatrick asked exactly what the employee was doing for 20-30 hours per week, and Selectman Thompson stated that he honestly did not know, but perhaps he was cleaning the tractor or shoveling the walkway.
Member Gilpatrick saw a problem with the Selectman's answer and continued to push for an answer, stating that the employee in question was, once again, the Grandson of Transfer Station Department Head, Ronal Patch, Jordan and that the salaried Road Commissioner could be cleaning the tractor himself.
Gilpatrick produced a page of the Right to Know Request paperwork, showing the rest of the Committee that Highway Department Laborer, Jordan, had not even been filling out his own time sheets, and that one in particular had been written on by one of the Selectmen questioning this practice.
Selectman Thompson spoke saying that he had many concerns regarding the goings on at the Highway Department, bringing up the "Board of Three" comment again, and stating that he could not get the other two Board members (Selectmen Heath and Nadeau) to require Road Commissioner Torno to appear before the Board of Selectmen.
Thompson further contended that even when the Board scheduled him to appear, Torno was often a no-show.
Selectman Heath, sitting at the head of the table, had nothing to say to these questions, and as a result, 8 members of the Lebanon Budget Committee all laughed nervously, and no one ever got an answer.
Member Gilpatrick continued to ask questions regarding the Highway Department, wondering if the Town had considered taking bids on snow plow routes, or perhaps purchasing a few one ton pick up trucks of their own to help cut back on Winter plowing costs.
Selectman Thompson stated once again that he was only one of a Board of three, and that the other Board members had not felt the need to discuss changes to the Highway Department or the Department's choice of outside contractors.
Thompson added that if the Town were to purchase one ton dump trucks, they would have to have a building to house them in.
Discussion continued for about 12 minutes between the Committee Members regarding how to best save money toward the purchase of new vehicles and replacement dollars by the Town "paying itself" for the use of vehicles, putting money aside as though they were paying an outside contractor, and allowing the money to build in an account until such time as it would be needed to purchase an additional or replacement equipment or vehicles. The discussion ended with all Committee Members agreeing that this method sounded like a good idea.
Member Cole asked why the Road Commissioner's hours showed on the budget listing as 651.0 hours.
Selectman Thompson stated that it was how the Road Commissioner's salary was noted by the Treasurer.
Member Cole stated that this did not seem correct and added that even if Road Commissioner Torno was a salaried employee of the Town, she would like to see some record being kept of his hours, and what project he was working on, stating that this could give the Town a better idea on appropriate salaries at a later date.
Selectman Thompson stated that he would look into that.
The Budget Committee Members had a few questions regarding the budget of The Lebanon Festival, showing that the costs associated were higher than the $1,500 appropriation funded by Lebanon taxpayers.
Selectman Thompson explained to the Committee Members that the Festival asked for a $1,500 tax appropriation, however the Festival Committee also solicited sponsor dollars from several companies and independent residents, and collected vendor rental space money to further boost their account dollars.
The Committee next discussed the budget of the Emergency Services (Lebanon Fire and EMS), specifically seeming to have a problem with the wages section. Member Neubert questioned the Monthly versus Weekly wage payments, asking Selectman Thompson to explain the difference.
Selectman Thompson offered no explanation, stating that he thought the monthly numbers reflected only Fire personnel, but that the Department members were all becoming cross trained members, so he was unsure of how the monthly versus weekly payments were calculated.
For 28 minutes, the Committee questioned one another and no one had the answers.
Member Gilpatrick again went to his packet of Right to Know Request paperwork, showing that on the week ending December 26, 2015, one member received an $819.00 paycheck, and on the following week, that same member's paycheck was $767.00.
Member Wood stated that he was confused over these payments.
Resident and LMTS Deborah Dorey Wilson reminded Selectman Thompson to look at the dates being mentioned which were the weeks of Christmas and New Years, and stated that the Board had approved a Holiday Pay Rate for Fire and EMS members covering shifts over the holidays.
***Just a note here for the Members of the Budget Committee from LMTS Deborah Dorey Wilson. Not only were Holiday Pay Rates in use during these weeks, but the week ending 12/26 was also the final pay warrant for the month, which is when the MONTHLY pay you were questioning would have come into effect.
WEEKLY pay is paid to responders who are noted as "per diem, or part time". These are your responders you find on the schedule covering regular shifts.
MONTHLY pay is paid to responders for training sessions, or for responders who are not part time or per diem employees, but who respond only to a particular incident, such as a structure fire, or large multi-vehicle motor vehicle accident. Please note that responders are not paid for their attendance at outside courses to advance their knowledge or education, such as EMT-A level courses or Firefighter I & II courses. Monthly pay is only for in-house mandatory trainings.
Finally, the responders are paid different hourly rates depending on their education. An EMT-A getting paid more than a Basic level EMT, and both are paid more than someone responding as a Driver.
However, in double checking my facts with Chief Meehan this evening, Chief states that in FY 2016-17, the MONTHLY payments should no longer be a concern. As of February 1, 2016, the Chief has moved to a 100% WEEKLY pay schedule for all responders. This is in an experimental stage at today's date, February 17, 2016, however the Chief stated that he felt it was working out well so far***
Member Harris-Howard requested more information on why the Medical Supply budget proposal for 2016-17 seemed to have risen so far above the 2015-16 budget amounts, and was reminded by Selectman Thompson that the Fire and EMS Department expected to bring back the Town's Paramedic licensing, therefore needing more medical supplies.
There was a slight discussion on the need to fund "Relief Agencies", and questions as to whether or not these agencies received Federal funding.
Members Harris-Howard and Bragg stated that these agencies don't get enough Federal dollars to completely fund them in their efforts.
Discussion switched to the Lebanon Summer Camp budget.
Selectman Thompson stated that this Department was completely self funded at this time.
Gilpatrick asked if the Summer Camp even paid completely for their own insurance.
Selectman Thompson stated that they did.
As the Committee conversations began to wind down, Selectman Thompson stated that he had heard no more discussions on the possible request for a Fire Truck to be funded on the 2016-17 budget.
Selectman Heath stated that he thinks there is going to be a request for a larger dollar amount appropriation from Lebanon voters in order for more road work to be completed by the Highway Department.
Selectman Thompson had a brief discussion on the re-valuation of Waterfront Property scheduled to take place in the Spring of 2016.
Selectman Thompson stated that he had sent an e mail to all Budget Committee Members regarding a proposed Town Ordinance outlining the powers and expectations of the Lebanon Budget Committee and asked if any of the Members had taken the time to read it.
Member Neubert indicated she had skimmed over it, however no one else claimed to have seen the e mail.
The Committee's two new members, Cold and Bright, both stated that they had read the information and were excited about the possibilities of having definite parameters and job descriptions for the Budget Committee.
Member Cole had taken the time to print and highlight several passages in the information that she thought were important to focus on.
Member Bright stated that he had taken some time to research several things through State websites and Budget Committee Ordinances of other area towns and had put together a beginning proposal on what a Lebanon Budget Committee Ordinance could look like.
All Budget Committee Members and Selectmen present took a moment to review Member Bright's proposal.
Member Neubert questioned several points in Member Bright's proposal.
Selectman Thompson stated that Lebanon has some serious legality issues with not only the Budget Committee, but with the Planning Board, and Appeals Board. Thompson further stated that any decisions made by these important Boards and Committees could, at this time, be challenged in Court due to the lack of written parameters and duties associated with each body. and the lack of ordinances outlining the amount of control each body has, versus whether they are only acting as an advisory body to the Board of Selectmen.
Member Cole read parts of the information that Selectman Thompson had shared regarding the outlines of ordinances to set parameters for the Budget Committee.
Member Gilpatrick mentioned the North Berwick, Maine Budget Committee and held them up as something that Lebanon should look at as an example of a well run Budget Committee.
Discussion between Members regarding how long they had until the proposal for a Budget Committee Ordinance would have to be ready for inclusion in the May 10th, 2016 Town Election.
Chairman Brasko and Member Cole both asked if a date had been set for Town Hearing.
Member Gilpatrick stated that he had heard that the Board of Selectmen had been asked to think about holding the Town's Public Hearing prior to the May Election on a Saturday afternoon or evening rather than on a Tuesday evening. Gilpatrick asked if that were true, and if so, why the Board had not given that some consideration.
Selectman Thompson stated that he had thought a Saturday evening Public Hearing was a good idea and worth a try, however, the other two Selectmen had been against the idea.
Selectman Thompson stated he could not remember the date that had been chosen for the Town Hearing.
LMTS Deborah Dorey Wilson advised the Budget Committee that the Town Hearing had been set for Tuesday, April 26, 2016 at 7 pm.
Chairman Brasko asked how may days were needed between the Town Hearing and the Town Election.
Selectman Thompson stated he did not know.
LMTS Deborah Dorey Wilson stated that the Town Hearing must be at least 10 days prior to the Town Elections and promised to include a copy of this in writing with this article (below)
***The following was not part of the Budget Committee Meeting, but is an addition as promised to the Members of the Budget Committee by LMTS Deborah Dorey Wilson. This is part of the Maine State Law as mentioned:
Title 30-A: MUNICIPALITIES AND COUNTIES HEADING: PL 1987, C. 737, PT. A, §2 (NEW)
Part 2: MUNICIPALITIES HEADING: PL 1987, C. 737, PT. A, §2 (NEW)
Chapter 121: MEETINGS AND ELECTIONS HEADING: PL 1987, C. 737, PT. A, §2 (NEW)
section 5. The municipal officers shall hold a public hearing on the subject of the article at least 10 days before the day for voting on the article. At least 7 days before the date set for the hearing, the municipal officers shall give notice of the public hearing by having a copy of the proposed article, together with the time and place of hearing, posted in the same manner required for posting a warrant for a town meeting under section 2523. The municipal officers shall make a return on the original notice stating the manner of notice and the time it was given. ***
Members Gilpatrick and Neubert started a discussion regarding the right of any Board or Committee to enter into Executive Session stating they had heard a Board or Committee can enter into Executive Session "whenever they want to".
Selectman Thompson states that this is not the opinion of the Town's Attorney and asks the two Members if they can produce evidence of the truth of their statement in writing.
Both Members, Gilpatrick and Neubert, state that they do not have anything in writing to prove their statement is fact.
***LMTS adds this note to aid the local Budget Committee members, should they choose to take the time to read the rules on Executive Sessions within the State of Maine.....
For all to read, and consider..........
This is the Maine State Law regarding the use of Executive Session by Boards or Committee Members of Town Governments.........
To read the rules in their entirety, please click HERE:
****
Discussion between Budget Committee Members and Selectman Thompson with regards to meeting again on the evening of Wednesday, February 24, 2016 in order to explore a bit more, placing an ordinance outlining the responsibilities and accountabilities of the Lebanon Budget Committee on the May 10, 2016 Town Ballot.
All Budget Committee Members are a bit apprehensive due to time constraints, however Members Cole and Bright are excited for the challenge.
Chairman Brasko asks Members Cole and Bright if they are willing to e mail or chat with other Budget Committee Members over the next week and work together to put together a basic Ordinance proposal and bring it back to the Committee next Wednesday.
Both Members Cole and Bright state that they are willing to do the basic leg work.
It is agreed that Members Cole and Bright will work on the Ordinance Proposal over the coming week and the Committee will meet next Wednesday to try and iron out the details.
Chairman Brasko asks if the pair has everyone's e mail addresses and several Committee Members state that they don't want to do anything via e mail due to the recent "snooping" into Members' e mail accounts.
Selectman Thompson states that he has included $150 in the budget items for the Budget Committee to have "Elected Official Training" beginning in FY 2016-17. Thompson states that this is important training and that the Town Attorney has recommended that all elected officials in town take this training through the MMA. Thompson further states that it is approximately $55 per person to attend the training class.
Members of the Committee have a minute of discussion on the fact that only 2 people can attend the "Elected Official Training" course for $150 ( 2X$55 = $110 plus $40 travel reimbursement).
***LMTS note: In light of the current problems and fears of how to properly use e mail conversations and what may, or may not be examined at any time by the public in a Right to Know Request, LMTS wondered why all eight (8) active members of the Lebanon Budget Committee shouldn't be funded to take this course offered by MMA. At $55 per person, the course would cost $440 for all eight members to attend, a price that could be worth it's weight in gold in keeping Budget Committee members from having to be fearful of not knowing or understanding the Maine State Laws on Freedom of Access legalities***
Member Gilpatrick makes a motion to adjourn the meeting at 8:45 pm.
Member Wood seconds the motion.
Meeting adjourned.
