Published by Deborah Dorey Wilson10 hrs
Selectmen's Meeting Notes....
Monday, August 29, 2016
These are the notes of one Lebanon resident sitting in observance of the Lebanon Maine Board of Selectmen's meetings.
LMTS does not represent the Lebanon Board of Selectmen or any Board or Committee within the Town of Lebanon.
Meeting was opened at 2:30 pm.
In attendance, Chair Christine Torno, Selectmen Royce Heath, Selectman Paul Nadeau.
Selectmen's Assistant: Sue Collins
Residents: Mary Lane, Deborah Wilson, Teresa Brooks.
Taxpayer: Dana Coull.
Guest: Norman Turgeon (sp?) resident of Milton, NH.
The Board entered into Executive Session with Deborah Dorey Wilson and Selectmen's Assistant Sue Collins at 2:30 pm.
Exited at 2:45 pm
No action taken at this time.
The Board entered into Executive Session at 2:47 pm regarding Poverty Property Abatements.
Exited at 2:55 pm.
No decisions made at this time.
Electric pole permit applications presented by Selectmen's Assistant Sue Collins for 2 poles to be placed on Lower Cross Road. Permits have been submitted and reviewed by Road Commissioner Tom Torno. Permit applications have been signed off by the Road Commissioner.
Selectman Heath notes that the permit application is addressed to a person who served quite a while ago as Town Clerk.
Selectman Torno states that this does not matter.
Selectman Heath asks Assistant Sue Collins to update CMP that the person the letter is addressed to is no longer an employee of the Town of Lebanon.
All 3 Selectmen satisfied and permit applications were signed.
Ms. Collins states that she has been in discussions with Vitrual Town Hall, (the company that provides the Town of Lebanon website). Collins states that former Town Clerk Mandy Grenier and former Selectman Ben Thompson have now been removed as site administrators, and that Collins and Dale Fisk have been added in their place.
Selectman Heath questioned his position as Website Administrator.
Collins states that Mr. Heath is not included as Website Administrator.
Heath states that he was set up as an Administrator to the Town Website, but Collins states that he is not. Collins states she can ask to have Heath added.
Selectman Heath to be added as Town Website Administrator.
Selectman Heath questions how many hours Debbie Rix is still coming into the Town Office to work with Treasurer Jordan Miles.
Selectman Torno says that she and Rix agreed on once a month.
Selectman Heath states that Rix is on the payroll and being paid for hours last week and yet is in the office again today.
Selectman Torno says that she will find out and let Selectman Heath know.
Discussion is held between the Selectmen that there is a broken pole on the fence in front of the Town Office that needs to be fixed.
Selectman Nadeau wants the fence fixed, noting that the entire fence is old and rotted and should be replaced.
Selectman Torno states that she will call "Stoney" to find out how much it would cost to have the fence repaired.
Selectman Heath thinks that the job ought to be put out to bid.
Selectman Torno thinks that it would be too much money to advertise such a small job out for bid to the newspapers, but after some discussion, agrees to put the job for bid on the Town Website and by hanging a notice on the Town Office front doors. No paid advertisements will be placed for this bid.
Motion is made by Chairman Christine Torno to put the replacement of the Town Office fence out to bid on the Town of Lebanon website and on bid notices on the Town Office door, seconded by Selectman Heath.
Deborah Dorey Wilson asks if she can share the bid on LMTS when it comes out on the Town of Lebanon website.
Selectman Torno says that it is public information and can be shared.
3:00 pm. PUBLIC HEARING on adoption of General Assistance Appendices.
Public Hearing opened by Selectman Torno at 3 pm.
General Assistance Administrator Sue Collins presents the new GA paperwork to the Board with Mary Lane and Deborah Dorey Wilson asking for copies. Copies were provided.
According to Collins almost all of the qualifications have remained the same as last year, although the overall maximums have changed.
The Board opened the discussion for Public Participation.
LMTS Wilson asked the Board who was privy to the names of General Assistance recipients within the Town of Lebanon.
Selectman Torno stated that only the Board of Selectmen and the Selectmen's Assistant, Sue Collins, were made aware of the names of GA recipients.
Wilson asked the Board about the upcoming Turkey Basket donation collection. Since the Board had told resident Laura Bragg that she could see to the Turkey Baskets this year, instead of GA Administrator Sue Collins, Wilson wondered how that would work, since Ms. Bragg should not be given names of people who are calling the Town Office requesting assistance.
Selectman Torno stated that people call the Town Office and request a Turkey Basket, and then come and pick them up, not as part of General Assistance, but as something the Town has always done for their residents.
Wilson asked if that list of people requesting help would be available to any resident, and Torno stated it would not.
Wilson argued that the a year ago, the Board of Selectmen had voted not to mix the town and private donations together, and that she herself, in trying to provide the Town Office with a new sign, had to be appointed by the Board of Selectmen as a "Committee" in order to take donations for the new Town Office sign, and that even as a required town committee, she was not allowed to post fliers at the Town Office regarding her need for donations.
Wilson wondered how it would work for a private resident to be allowed to take donations at the Town Office, for something the Town had always done, so residents expected that their information would be private and confidential, and yet, this information was going to be given to Ms. Bragg and unnamed friends for delivery of the Turkey Baskets.
Wilson stated that she, and others, had spoken up when this was brought up last year, and that she believes that the GA Administrator, Sue Collins should continue to handle the Turkey Baskets for the Town of Lebanon, and that she should be paid for her time in putting the baskets together. If they are a gift from the Town, provided through donations at Town Office, the information should be kept within the Town Office, and not shared with people outside of the Town's employment.
Wilson asked Selectmen Heath and Nadeau if they recalled the vote that they had taken last year on this issue, and both stated that they did remember.
Selectman Torno stated that she would look into it.
Selectman Torno asked if there were any other questions with regards to General Assistance.
There were none.
Selectman Heath motioned to adopt the General Assistance Appendices as presented by Ms. Collins.
Seconded by Selectman Torno.
Selectman Torno closed the PUBLIC HEARING at 3:18 pm.
Resident Mary Lane asked the Board of Selectmen when the missing 7 weeks of Board of Selectmen's minutes would be posted to the Town Website.
LMTS Wilson stated that the minutes were not on the Town Website, and that she had checked only moments prior to leaving for the Selectmen's Meeting that evening.
Assistant Sue Collins stated that she had posted the missing minutes to the meetings on Friday, August 26, 2016.
Resident Mary Lane questioned the Board of Selectmen on the Town of Lebanon Ethics Policy.
Lane wanted to know the status of the policy since it was voted into place earlier in the year. Had everyone seen it?? Had everyone signed it??
Selectman Nadeau stated "We don't do nothing wrong"
Lane answered that it wasn't about doing anything wrong now, but protecting the Town in the future. Again she questioned if all Town Employees had signed the Ethics Policy.
Selectman Nadeau stated "We put them out there."
Again Lane questioned if everyone had signed them. Nadeau stated that the Ethics Policy was only signed by Employees, not by Board or Committee members.
Lane asked if all employees had signed the Town of Lebanon Ethics Policy. Everyone who got paid?
Selectman Nadeau again stated "We put them out there. They signed."
Lane moved on to a discussion about the work being done by various agencies on Northeast Pond with the Naiad, (invasive plant species which has been identified in Northeast Pond and Salmon Falls River).
Present for this portion of the meeting was Norman Turgeon (sp?)
Lane wondered why a No-Spray ordinance within the Town of Lebanon would effect the chemical offered by State of Maine biologists from being utilized to combat the Naiad in Northeast Pond.
Lane stated that she felt something needed to be done to combat the invasive plant, stating that the Naiad itself would kill fish populations.
Selectman Heath asked if the State Biologists would be willing to put in writing that there would be no harm done to fish, or to people, several years down the line if the herbicide was used.
Mr. Turgeon stated that there were never any guarantees, but that it was his understanding that the chemical would not kill fish.
LMTS Wilson recalled to the Board that when she spoke to State Biologists, they had admitted that fish would be killed by the chemical, but only fish who came into direct contact with the chemical, and that once it was diluted in the water, it would be of no further danger to fish. Wilson also stated that Biologists had stated that there would be no danger to mammals or birds eating the dead fish as the chemical passed through the mouth of the fish and out of the gills, however was not stored in the fatty body tissues of the effected fish.
Discussion was quiet for a few moments.
Ms. Lane stated that she and her husband had some discussions with LMTS Wilson at their home and that the three together had some conversations after Wilson had called and spoken to State Biologists and to a Rep from one of the companies that creates Diquat dibromide. She believes that the discussions helped to educate them all.
Mary said that she felt something had to be done, and added that she spoke to many property owners who seemed to know nothing about the Naiad, and that she had spoken to two men with the Conservation Commission, and with State Rep. Karen Gerrish at the Lebanon Festival and she was upset that none of them seemed to be aware of the problem.
Ms. Lane also stated that she had spoken to a woman with the Conservation Commission who was aware and provided her e mail address, however, to date, Mary has not received any answers to her e mailed questions.
Selectman Torno told Ms. Lane and Mr. Turgeon that the Board was expecting someone from the State to be in to speak with Selectmen on September 12th regarding the Naiad.
Mr. Turgeon, a resident of Milton, NH stated that Lebanon may need to challenge the wording of the No-Spray ordinance as the Diquat is not actually sprayed, it is poured into the water. He told that there are currently people in the waters of Northeast Pond who are using a vacuum system to suck up the Naiad, and that many volunteers had been recruited to pick up the resulting plant debris from the shoreline. He mentioned that while most of the volunteers were from Milton, there were some from Lebanon as well.
According to Mr. Turgeon, New Hampshire seems to be okay with the use of the herbicide Diquat dibromide in Northeast Pond, however, the State of Maine seems okay with the chemical, but seems very reluctant to grant a permit for its use.
In order to get the permit for use of the herbicide, the towns of Berwick and Somersworth had to be consulted as Northeast Pond is used as a reservoir to those two towns. Turgeon stated that Maine's DEP had agreed that Diquat did not impose a risk to drinking water, and Turgeon states that both Berwick and Somersworth were okay with its use, however, when DEP discovered Lebanon's No-Spray Ordinance, they had stopped the permitting process.
Turgeon states that the area of Naiad in Northeast Pond has grown to over 41 acres. He added that the State of Maine is paying for the vacuum removal of the plants this year, but that they won't pay for that won't always be paid for by the State.
Selectman Torno asked what the plans were for next year?
Turgeon stated he did not know, but that the use of herbicide may be the best way to continue.
LMTS Wilson stated that if the group wanted the Board to bypass the No-Spray Ordinance, which is passed by the Lebanon voters each year, the only way to do that was to ask the voters for permission to use the Diquat dibromide in Northeast Pond as a specific ballot question.
Mary Lane and Norman Turgeon agreed there was not time to wait for a May vote on the subject.
Wilson stated that there was no need to wait for May when there was an election coming up in November and that if they worked quickly, there was still plenty of time to place a Citizen's Petition on the November ballot.
Selectman Torno stated that the question would have to wait for the May ballot, but Wilson argued stating that any resident who presented a Citizen's Petition, signed by 214 certified Lebanon voter signatures could have the question placed on the November ballot.
Selectman Torno stated that it would cost the Town big bucks to print a ballot for the November election, and that since it was a Presidential election, they would be in need of more ballots due to the amount of people expected at the polling booths.
Wilson stated that this did not matter. If everyone were worried about timing of skirting around the Town's No-Spray Ordinance, the only way to allow the chemical would be for the placing of a Citizen's Petition on the November ballot. Wilson asked Selectman Torno if she was advising Ms. Lane that she did not have the right to use a Citizen's Petition, and Torno stated she was not, and that residents have that right.
Wilson stated she thought the deadline for turning in the petition would be somewhere around the 18th of September, and Selectman Torno corrected Wilson stating that the deadline would be 45 days prior to the election, or September 26th, but that it would have to be turned in before then so the signatures could be certified.
Wilson stated that if the 26th was the date, that the petition could be turned in any time up to, and including, that date.
Mr. Turgeon stated that he thought the easiest way to get around the No-Spray Ordinance would be to have the Town of Lebanon Attorney's take a look at the wording of the ordinance and see if they thought that the wording of that ordinance could be challenged due to the difference between the word "SPRAYING" and the actual act of "POURING" the chemical into the waters of Northeast Pond.
Selectman Heath asked if there would be any guarantees that the people of Berwick and Somersworth wouldn't get sick 20 years down the road and sue the Town of Lebanon for going against their own ordinance and allowing for the use of chemical herbicide in waters that were used as reservoirs. Heath, Nadeau and Wilson had discussion about Erin Brokovitch, 3 Mile Island, DDT, etc.... and how people believed for many years that chemicals were safe to humans, until they found out that they were not.
Mr. Turgeon stated that there would be no guarantees.
Selectman Heath stated that he remembered the previous discussions regarding Naiad, specifically recalling that the plant can not get enough light to grow in deeper water, (No one could remember the exact depth, but all seemed to recall water depths of 7-8 feet would prevent the Naiad from growing). Heath asked if low water tables this year could have resulted in a larger growth of the plant, that might not happen in years to come when the water levels were higher.
No one knew that answer.
Discussion was tabled for a later date as people are scheduled to speak on Naiad on September 12th Board of Selectmen's meeting and as the Board's next appointment had arrived.
4:00 PM Selectman Torno motioned to enter into Executive Session citing Confidential Records. Seconded by Selectman Heath.
Board exited Executive Session at 4:28 pm.
Selectman Torno advised the following decisions had been made during Executive Session.
1. Selectman Torno motioned that the parties involved would pay 3 years back taxes on today's date, 8/29/16, and that then they would pay 2016 taxes when due in October 2016, and April 2017. A new tax bill will have to be generated for the upcoming year.
Seconded by Selectman Heath, All in favor.
2. Selectman Torno motioned on item 2 that all 3 years back taxes would be paid on or before September 12, 2016 by cash or bank check, and that they would pay 2016 taxes when due in October 2016 and April 2017. A new tax bill will have to be generated.
Seconded by Royce Heath, All in favor.
LMTS Wilson asked the Board if these motions were regarding properties that had been taken by the Town for back taxes, and Selectman Torno answered that this was in regards to tax claimed properties. Torno also added that a Quit Claim Deed would be generated by Selectmen's Assistant Sue Collins and provided for the residents, and that the property now belonged to them again.
4:30 pm Lebanon Historical Society member Nancy Wyman asked the Board the procedure for requesting $1,500. for the Lebanon Historical Society to celebrate the 250th Lebanon birthday in 2017. Wyman stated that the Society wanted the same amount of money as requested by the Lebanon Festival Committee and that the Historical Society wanted to have a 3 day long celebration, including lectures, games, square dances, and the like....
Selectman Torno stated that there was plenty of time before the group would have to worry about putting the question on a May ballot, but Wyman said that she had come too late for the 2016 ballot, so she wanted to be sure to come in plenty of time.
Selectman Heath questioned whether the Historical Society was a Committee of the Town of Lebanon, and Selectman Torno stated that they were.
Selectman Heath stated that as a Town Committee, the Selectmen could opt to place their question on the ballot without the required amount of signatures.
Selectman Torno agreed that the Historical Society would not have to gather signatures, however, she would like the Historical Society to write the request for the $1,500. to be placed on the May 2017 ballot, stating that the question would need to be presented to the Board of Selectmen 45 days prior to the May election date.
Mrs. Wyman stated she would come before the Board again in January 2017.
The Board and Mrs. Wyman had a short discussion on the upcoming West Lebanon Academy Founders Day Celebration taking place on September 10, 2016.
Mary Lane reentered the meeting with discussion of the need for a Naiad Steering Committee in Lebanon.
Selectman Torno asked Mrs. Lane if she was willing to be appointed to that committee and Mrs. Lane stated she would like that.
Selectman Torno motioned to appoint Mary Lane to the Naiad Steering Committee for the Town of Lebanon.
Selectman Heath seconded the motion. All in favor.
Selectman Torno stated that she would have the Acting Town Clerk draw up the appointment papers and contact Mrs. Lane.
Mrs. Lane asked if it would be Ms. Dale Fisk who contacted her, and was told that it would be. Mary stated that she thought Ms. Fisk was a great asset to the town, always polite, nice to everyone and always smiling.
Assistant Sue Collins stated that she had contacted Stone Hill Labs about water assessment for a private well on a property adjacent to the old Lebanon Town Dump.
Selectman Torno explained to all, that the State of Maine DEP had mandated ongoing water testing for this single private well, by the Town of Lebanon.
LMTS asked if this well had been tested before, and it was learned that is has been. Wilson asked who did the testing in prior times, noting that they would have records of past testing and whether or not the water quality had changed for better or worse.
Selectman Torno stated that she did not have time to look up who did the testing before, and Wilson added that the information should be easily accessed in the Town's files, and that the Selectmen's Assistant should be able to easily put her hands on the reports.
Selectman Heath recommended checking with Katahdin Labs out of Limerick, Maine.
Assistant Collins stated that she had already called Stone Hill Labs but that she would contact others.
Selectmen discussed that there would be no meeting on Labor Day, Monday, September 5, 2016.
The next meeting of the Lebanon Board of Selectmen is scheduled for Thursday, September 8, 2016 beginning at 6 pm.
Several residents thanked the Board for making the meeting later in the evening, stating they did not like 3 pm meeting times.
LMTS Wilson stated that she had checked the Town Website during the break in meeting for Executive Session and that the missing 7 weeks of minutes were still missing.
Assistant Collins left the room, returning moments later stating that the missing minutes would be put onto the website on Tuesday morning.
Wilson asked why she had been told that the minutes were on the Website since Friday the 26th.
Collins answered it was a mistake.
At 5 pm, Assessing Agent for the Board of Selectmen, Ben Thompson, came to address the meeting.
Thompson stated that he was almost done with his work, more than 3/4 of the way, however, he had not yet finished. Thompson is hoping to complete things by noon on Tuesday, August 30, 2016.
Discussion was held regarding 12-15 lots in town where Thompson thought it might benefit the residents to combine side by side lots for tax purposes.
Thompson discussed the sketches made of each property by himself or with the help of Selectman Royce Heath.
Selectman Torno asked Thompson if he liked working with the "Sketch" program, and Thompson stated he liked it just fine. Torno stated that the Waterboro assessors don't like it, but Thompson again stated he had no problem with it.
Thompson stated he had been careful to keep a list of properties that need to be submitted to O'Donnells as the current maps are incorrect in accordance with the deeds. Thompson stated that he had asked for copies of the deeds so that O'Donnells could work off the deed rather than other information.
Lengthy discussion was had regarding base lot prices for Spaulding, Northeast and Spencer Ponds, and methods used to assess different property types.
Thompson stated that Lebanon has 280 waterfront properties at this time.
Discussion was had regarding several properties that Thompson found which had been assessed incorrectly in the past, (or possibly typographical entry mistakes) stating that he thought the owners would be due an abatement.
Selectman Torno discussed how the Board would send a letter offering the abatement to the properties that Ben Thompson identifies to the Board as having been over assessed.
LMTS Wilson asked where the money would come from to give abatements to properties for three years.
Thompson explained to Wilson the money comes from the overlay money that is built into the town's MIL rate each year.
Discussion was had with Ben Thompson and LMTS Wilson regarding how the overlay money.
Discussion was had on how much money had been left over from previous years, and where that money goes if it is never given back in abatements.
Thompson stated that it would go into the Town's General Fund and could only be used with voter approval.
Wilson asked how much money was in that account at this time, and Thompson added that he was unsure as the town's accounts had been badly depleted with the $208,000 Rescue Department fiasco a few years back.
Selectman Torno stated that it would be interesting to see how the Assessor's question would turn out on the May 2017 ballot.
LMTS, asked Selectman Torno if it were planned to request that the town hire an Assessor, and she answered affirmatively.
Wilson asked when that decision had been made to put that question on the May 2017 ballot.
Selectman Torno stated that there had been no decision made by the Board to place a question on the May 2017 ballot. She stated that no discussion had taken place regarding this, and that the Board had not made any decisions on that as of yet, rephrasing that it was her opinion that the town needs to hire a separate and qualified Assessor, and that it should be placed on the May 2017 ballot.
The Board opened the discussion for Other Business.
LMTS asked if Selectman Torno had given any thought to their earlier discussion regarding private residents taking donations for Town programs, and if the Board would be voting to overturn the previous Board's vote that private residents could use the Town Office for taking donations for things that would be of benefit to the Town.
Selectman Torno stated that she would look up the minutes of that meeting and review the Board's decision at that time and talk to the Board on how they would proceed regarding the issue.
No Other Business stated.
Selectman Torno motioned to adjourn the meeting at 5:20 pm
Seconded by Selectman Heath.
Meeting adjourned.