Lebanon Maine Board of Selectmen's Meeting
Monday, March 28, 2016
The Lebanon Maine Truth Seekers is not an official representative of the Lebanon Maine Board of Selectmen. The notes below are not an official record of the Town of Lebanon or any of their boards or committees, they are only the notes of LMTS resident sitting in on Board meetings. For the official minutes of these meetings, please see the Town of Lebanon Maine Official Town Website.
In light of statements made by individuals at the Lebanon Maine Board of Selectmen's Meeting, it is also important for us to write that we do not represent any one person, board or committee within the Town of Lebanon, Maine and that these are only our notes on the events, happenings and statements during that meeting.
Monday evening's meeting came to order and the Board participated in a conference call with the State of Maine OIT Department in Augusta, Maine with regards to a recent request for the Selectmen to authorize the communications department to erect a temporary communications tower at either the Town Office, or at the Lebanon Transfer Station. This tower would be for the express purpose of aiding in State Police (and other State agency) communications that are suffering due to the State's $53 million dollar purchase of a digital trunking radio system that has left many dead spots in the town of Lebanon, and in many towns throughout the State of Maine. During the call, it was decided that the Board would allow the Maine OIT Department to erect the requested tower at the Lebanon Transfer Station, although it was not decided exactly where the tower would be erected.
At 3:48 pm, Selectmen's Assistant, Sue Collins came into the meeting to discuss the printing of the Annual Town Report. Ms. Collins stated that the book is expected to be 80 pages, and that it would cost $842.00.
Mary Lane from Sewell Shores was present and video taping parts of the meeting. Selectman Heath was not happy that the video tape was being taken, and opened his briefcase and placed it on the table so that he could not be seen on the video tape. Although Ms. Lane asked him to remove the briefcase, Selectman Heath left it open on the table.
Selectmen's Assistant Collins discussed several assessing problems with the Board.
There was a discussion regarding a Tree Growth Tax Program application of Ms. Adelle Baldwin on the Chick Road (former property of Howard Chick). Ms. Baldwin was asking to place three separate parcels into the program, a total over 113.1 acres. A letter was presented from Ms. Baldwin's Forester.
Ms. Collins asked the Board if they had made any decision regarding the Custodial Bids that were opened on Thursday. Selectman Thompson stated that the issue was still "on hold". Although the Custodial Services have been put out to bid twice, the Board has taken no action yet.
4:00 pm came and went with no sign of Road Commissioner Torno who has missed 8 out of the last 10 scheduled appearances before the Board of Selectmen.
Ms. Collins stated that she had a "Rebuttal" to discuss with the Selectmen, handing them paperwork. Selectman Thompson asked Ms. Collins if she wanted to discuss the issue in Executive Session, and Ms. Collins stated that she did not. Selectman Thompson counseled Ms. Collins that if she chose not to enter Executive Session, that the "Rebuttal" she had just handed him, could be obtained by the public in a Right to Know request. Ms. Collins then asked for the Board to enter into Executive Session.
4:12 pm The Board entered into Executive Session for Personnel issues with Selectmen's Assistant, Sue Collins.
4:25 The Board exited Executive Session, stating that there had been no decision made during the session.
Selectman Thompson made a motion to accept an offer made by The United Way for a $200 donation, to be used for non-Liheap qualifying help only. Selectman Nadeau seconded the motion and all were in favor.
The Board returned to discussions of Ms. Adelle Baldwin's request for three parcels of land to be entered into the Tree Growth Tax Program. It was said that Ms. Baldwin had requested all three parcels be accepted into the program, however, while parcels 51 and 58 (totaling 111 acres) seemed to be in order, parcel 51-A was having some deed problems and that deed had not yet been secured (2.1 acres). The Board was willing to accept the 111 acres, and then consider the 2.1 acres of lot 51-A separately, with a note that the 2.1 acres on it's own would not be enough to qualify for the 10 acre minimum requirement for the Tree Growth program, the Board would consider it a contiguous part of the 111 acres at a later date. A letter will be sent to Ms. Baldwin regarding the Board's decision and they will follow up with her as to her wishes.
At 4:30 pm, the Board entered into Executive Session with Treasurer Jeanette Lemay and a representative from the Town Attorney's office stating Personnel Issues. Lemay left the office at 4:42 pm, and the Board continued on in Executive Session with the Town Attorney stating Legal Counsel as the reason. The Attorney left the office at 4:48 pm, and Selectman Thompson stated that there had been no decisions made in any of the evening's Executive Sessions.
Selectman Thompson worked on his laptop and Selectman Heath reviewed AP for several minutes.
At 5:00 pm, Tracie Antolin of J&S Masonary of Brownfield Maine entered the meeting in order to sign the Cemetery Mowing Contract that was awarded to her company. Selectman Thompson had a discussion with Ms. Antolin regarding the additions of many cemeteries to the town's cemetery mowing list, sharing lists and maps with her that he had received from the Lebanon Historical Society. Thompson stated that Code Enforcement Officer Mike Beaulieu and former Selectman Paul Philbrick had done a lot of work in getting better descriptions on the locations of many of the smaller hidden cemeteries, and Ms. Antolin stated that sometimes she drove around for long periods of time looking for some of them, and that she had a hard time finding some of them.
Ms. Antolin noted that the bid specs provided for two mowings per month for June, July and August, but she questioned whether the Board wanted her to complete a mowing prior to Memorial Day and then only do a single mowing in the month of August when the weather was warmer and the grass didn't require as much attention. Thompson agreed to the mowing prior to Memorial Day and then a single mowing in August.
Ms. Antolin stated that she had noted at the cemetery at the corner of Gully Oven Road and Shapleigh Road, that there was a brush pile that was growing larger and beginning to encroach on the grave sites. She asked if the Lebanon Highway Crew could remove the brush prior to her mowing. Selectman Thompson stated that the Highway Department could remove the brush pile, but Selectman Heath stated that they had better ask Road Commissioner Torno prior to making that agreement.
Antolin spoke to the Board regarding places to get rid of brush and tree limbs, and Thompson stated he would find a place on the Highway Department property, and once again, Heath stated that Tommy would have to be involved in that discussion.
The mowing contract was signed, and Ms. Antolin stated that she would be beginning the Spring Cleanup in 2-3 weeks.
Selectman Thompson left the room in order to make copies of the mowing contract, and Deborah Dorey Wilson spoke to Ms. Antolin, stating the dates and times for the meeting of the Cemetery Committee and telling her that if there were cemeteries that she could not locate, she could feel free to come to a Cemetery Committee meeting with what information she had, and that the Committee would get out and attempt to locate the cemetery for her. Thompson had returned and added that the Historical Society and the American Legion would also be of help to her.
Mary McCarthy Lane, also a member of the Cemetery Committee spoke with Ms. Antolin with regards to many of the town's smaller cemeteries being listed on the website "Find-A-Grave" and shared the website address.
Selectman Thompson noticed that Ms. Lane had moved over and was seated at the end of the new meeting room table and asked Ms. Lane not to sit at the table. Ms. Lane moved into one of the chairs located at the back of the room for residents to sit in.
Ms. Antolin left the meeting at 5:18 pm.
The Board continued to work on paperwork, and Thompson made sure with the other 2 Selectmen, of their decision regarding the Baldwin property on the Chick Road. A decision was reached that a letter would be sent to Ms. Baldwin with their decision.
The Board went over a request from the Treasurer regarding continuity on time slips.
There was a discussion and signing of paperwork regarding an employee request for time off.
Selectman Thompson produced a copy of the town's new Personnel Policy, noting that one or two copies had been handed out prior to a couple of small errors that needed to be addressed. The Board discussed making these changes and agreed to do so. A new copy of the Personnel Policy will be printed and distributed to town employees.
Selectman Thompson stated that the Town Clerk, working with the Town Treasurer had done some budgetary line item shifts in order to purchase the Book Binding Equipment that is necessary for binding of town reports according to the State Law. Thompson handed the books over to Selectman Nadeau for a double check on amounts, however, Nadeau did not understand what Thompson was asking him to do, and in the end, Thompson just double checked the numbers himself.
Selectman Thompson read aloud, a letter from the Attorney General of the State of New Hampshire regarding Lebanon taking control of the care of Prospect Hill Cemetery. According to the letter, the town of Milton, NH needs to file a petition to change the trusts associated with the cemetery, and the town of Lebanon, ME needs to file for a Quiet Title and set up a trust account to hold the money associated with the many cemetery trusts.
*** LMTS finds that an action to quiet title is a lawsuit brought in a court having jurisdiction over property disputes, in order to establish a party's title to real property, or personal property having a title, of against anyone and everyone, and thus "quiet" any challenges or claims to the title.***
Also read, was a letter from the Town of Milton, offering to share the cost of legal fees for the quiet title process and transfer of trust accounts, 50/50, according to the estimated cost of $3,000.00. Milton asked that Lebanon begin this process within 45 days of receipt of the letter in order to ensure their cost sharing.
Selectman Thompson made a motion to allow Berstein Shur attorneys to begin the quiet title action on the property known as Prospect Hill Cemetery and accept the offer by Milton, NH Selectmen to pay 50% of the costs, stipulating a $1,500.00 / $1,500.00 split. The motion was seconded by Selectman Nadeau and all were in favor at 5:42 pm.
Selectman Thompson made an announcement that the Structural Engineer hired by the Lebanon Fire Department Inc. would be at Lebanon Fire and EMS Station 1 (Depot Road) at noon on Saturday, April 1, 2016. Selectman Nadeau wanted to know who was paying for the Structural Engineer, and it was explained to him that the Fire Dept. Inc was paying for those services. Selectman Heath asked who was going to be responsible for the repairs to the station, and Thompson stated that there were a lot of issues with that building and that they would have to wait and see what happened after the report from the Structural Engineer.
At 5:56 pm, Selectman Thompson received an e mail from Lebanon resident, Chip Harlow and read it aloud. Mr. Harlow was questioning the minutes from the March 23, 2016 Board of Selectmen's meeting, asking why the vote of the Selectmen regarding the upcoming referendum questions for the May 10 Town Election had not been posted on the town website as part of the official minutes, and reminding the Board that the voting results should be posted on the website in a timely manner according to State Law. There was little discussion on this matter, and Thompson sent a return e mail.
At 6:05 pm, Mary McCarthy Lane asked the Board if she could ask a few questions of them. It was agreed that she could, so Ms. Lane moved to the meeting room table, asking first if it were okay for her to sit there, and commenting on the fact that tax dollars paid for a table that she was not welcome to sit at, adding that she thought it was very rude that the Board had not allowed her to sit at the table earlier in the evening.
Lane had come prepared with a few questions regarding why the assessment of a log cabin would be different than that of a stick built home of similar size. Thompson explained the differences to Ms. Lane, mostly aesthetics related, but she asked the Board to provide the differences to her in writing. Thompson went and copied the information for Ms. Lane, amid objections from Selectman Heath.
Lane asked the Board if they were certified assessors within the State of Maine. While Heath and Nadeau are not certified, Thompson is a certified Maine Assessor. There was discussion that as a Board of Selectmen, the State of Maine does not require them to be certified Maine assessors, so the Board was acting well within their rights acting as the town's assessors. Thompson noted that Selectman Heath had also been taking several classes in Assessing.
Lane stated that she had seen Selectmen Nadeau and Heath out in her area during the past week. She stated that she had not known what they were doing, however, when she had approached Heath, he had been rude to her. The Boardroom erupted with an argument between Lane and Heath, with Heath stating that Lane had begun the aggression and that he had "tried to be nice". Ms. Lane was angry at this statement. Heath continued on lecturing Lane about being rude, and Lane getting more and more angry as he continued to defend his position. Selectman Heath left the room, and Ms. Lane asked Mr. Nadeau if he thought she had been rude to Selectman Heath, with Nadeau answering that he did not feel that she had been rude.
At this time, summer resident Dana Coull (also from Sewell Shores) spoke up, saying that he also had seen Selectmen Heath and Nadeau in his area in the past few days. Coull added that the select duo had been on his property, and taking photos, when they were supposed to be assessing the house next door to his. Heath stated that was part of why they were taking photographs, to ensure that they were using measurements and assessing the correct home. Coull asked if the photographs were going to be used on the town's website, and Selectman Heath stated that they would not, that they were only for use by the Selectmen who also serve as the town's assessors.
Resident Jennie McComish asked the Board if who would be responsible if the Selectmen were on private property and were bitten by a dog, or injured in some way. Selectman Thompson told Ms. McComish that the Board members did try to initiate contact with residents prior to going on their property. Thompson stated that his normal course of operation while assessing would be to knock on the door first to see if someone were home, introduce himself, and explain what he would be doing. Thompson stated that he did not enter onto property that was posted "No Tresspassing" without the owner's permission, stating that most people are fine with him doing his assessing duties, but if people would not allow him access, he would get a court order as the town's assessors to gain access to the property, adding that once he had a court order in place, he would then ask for indoor access and take photographs of the interior of the home as well as the exterior.
Resident Deborah Dorey Wilson questioned Selectman Thompson regarding taking photographs of the interior of homes. In past meetings, it had been discussed that the Board was not assessing properties at this time, based on anything other than exterior measurements, and Thompson agreed, that is the case. Wilson questioned why he would take photographs of the interior of the home, if he only used exterior measurements to assess, and Thompson stated that if he had to get a court order to gain access to a property, he would try to gain all the information he could to help them with future assessments, if a time should ever come when the Board might make interior amenities and upgrades part of the assessing process.
Mary Lane then added that a little over a year ago, she had arrived home one afternoon to find Selectman Heath on her back deck, and Selectman Philbrick in her yard. She stated that she had not known the men, and as she was alone, she had been frightened with two men on her property, one of them up on her back deck. Selectman Thompson stated that he did not know what Selectman Heath had been doing on her back deck, and Selectman Heath stated that he and Paul Philbrick had knocked on the front door, and when no one answered, he had been up on the back deck of Ms. Lane's property attempting to knock on the back door to see if anyone were home. Ms. Lane stated that maybe a few days prior to accessing people's for assessment purposes, a phone call, or note in the mailbox from the Board would be helpful. More angry words passed between Ms. Lane and Selectman Heath, and Ms. Lane asked Selectman Thompson why he was allowing Mr. Heath to be so rude to her. She then asked if the town had an Ethics Policy. Both Selectman Thompson and Deborah Dorey Wilson assured Selectman Heath that they had had nothing to do with Ms. Lane asking questions regarding an Ethics Policy, as Thompson has been requesting an Ethics policy since 2014, and Wilson has been asking about once a month for over a year. Wilson then asked the Board if they would be willing to have that conversation regarding Ethics, in light of the present conversation with Ms. Lane. Thompson stated that he would be willing, however, Selectman Nadeau stated that he would rather wait for a later date, and Selectman Heath stated that he had "No Comment". Ms. Lane asked if she could get on the Board's agenda with regards to Ethics questions, and Selectman Thompson stated that she could. Although Wilson requested a date for this discussion, none was given.
Selectman Nadeau made the motion to adjourn the meeting at 6:35 pm, and all were in agreement.
Selectmen Nadeau and Heath left the building while Selectman Thompson remained, speaking to Ms. Lane, Ms. Wilson and Mr. Coull about assessing, the town's upcoming Public Hearing, and the proposed Recall Ordinance. Selectman Thompson was very informative and helped the three residents understand more details on the assessing updates within the town and his goals for catching assessments up to State Law over the next year, should he be reelected in May.
Everyone left the Town Office at 7:30 pm.
