Monday, March 14, 2016
Lebanon Maine Board of Selectmen's Meeting
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.
The Lebanon Board of Selectmen's meeting began promptly at 4 pm.
Although both Selectmen Heath and Nadeau were in the office, Selectman Thompson remained outside of the office until 4 pm.
Lebanon Road Commissioner Tom Torno arrived at 4.
Selectman Thompson spoke with Torno and told him that he wanted the Road Commissioner to come into the Board meetings every Monday night to keep the Board on top of what projects he had completed and what was being planned for the upcoming week.
Torno agreed.
Thompson asked him what he had been doing over the past week, and Torno stated that he had been patching potholes and that he had been up on Shapleigh Road taking measurements and refiguring the project so that he could present a more current cost calculation to the Board.
Selectman Nadeau asked Torno if he had the chance to go and take a look at River Road, and Torno stated that he had, and that he was working on project prices for paving of that road.
Thompson once again requested that Torno make the Monday evening meetings each week so that the Board could keep on top of what was going on from week to week, and again, Torno agreed.
LMTS Deborah Dorey Wilson asked Mr. Torno what was happening with the portion of Bigelow Road that had been ripped up by a private plowing contractor earlier in the month. Torno stated that the area would be patched, and Wilson stated that was not an acceptable answer, this damage is not a pothole, but a swath cut into the entire side of the road. Torno stated that they were not going to use cold patch on the area, and Wilson answered that they had been packing the area with cold patch. Torno agreed with Wilson, but stated that the area was scheduled to have a portion of the road cut back and replaced, but that he was waiting for the asphalt plants to open up.
Wilson asked the Road Commissioner who was going to pay for the planned work to be done, and Torno stated that the Town of Lebanon would be paying the bill. Once again, Wilson objected, stating that the plow contactors are independent of the town and should have liability insurance, and that the plow operator's insurance should be held accountable for the damage that he had caused.
Torno disagreed, and said that the damage happened due to the fact that the asphalt had been soft under the snow, and that the road was not flat, however Wilson noted that NO road is flat, (or it shouldn't be), even when it is newly paved.
Selectman Thompson asked Selectman Heath to include Wilson's objection to the taxpayer being responsible for repairing the damage in the Board's Official Minutes. Heath was unsure of what to write and it was agreed that Thompson would write the comments into the minutes later in the evening.
Wilson also noted that the Road Commissioner had put a new skirt from 202 onto Bigelow Road only a year and a half ago, and that there was a huge dip in the road as vehicles enter off of Route 202. Torno stated that it was due to a frost heave moving the culvert around under the road, and Wilson agreed that you couldn't predict frost heaves, and that the bump in the road served as a "speed bump", Torno agreed to keep his eye on that.
Wilson stated that she had been to visit Sandy Adams, a resident of Shapleigh Road, and Ms. Adams had asked her to inquire about two very large potholes on Shapleigh Road. Torno stated that he had been up on Shapleigh Road and that the area was part of his upcoming project already discussed.
At 4:12 pm, Selectman's Assistant Sue Collins entered the meeting with an e mail she had received by an unnamed man in Augusta. According to Collins, the man was asking for permission to erect a communications tower to aid in State Police communications in far reaching parts of Lebanon, calling it a "Temporary Solution to Aid the State Police".
Collins stated that the e mail mentioned two specific location possibilities, either the Town Office property or at the Transfer Station property, both town owned parcels of land.
Selectman Thompson requested more details, including how big the proposed tower would be, or how long they expected it to need it.
Selectman Nadeau stated that he wanted more details in writing, and they would review the request and get back to him, questioning again what the tower was for.
Collins read from the e mail that the tower would be to assist in State Police Communications within the town.
Heath echoed the other Board members asking for more information, and adding that there were already two other towers in town.
Thompson and Collins both told Selectman Heath that the other towers in town were cell phone towers, and this would be specifically for State Police use.
Collins stated that she would have the man write up more information regarding his proposal.
Ms. Collins presented the Board with appointment papers for the Lebanon Cemetery Committee. Paperwork was presented for Paula Mills Busby, Elaine Goodwin Baker, Mary McCarthy Lane, Dana Coull, Danielle Cone, Becky Beach Romero, Conner Romero and Deborah Dorey Wilson.
Selectmen Thompson and Nadeau both signed the paperwork. Selectman Heath asked if all of the people seeking appointment were Maine residents, and LMTS Deborah Dorey Wilson answered that all were Lebanon Maine residents with the exception of one, Dana Coull, who was a summer resident on Sewell Shores Road.
After reviewing all the names on the pages presented, Heath turned the paperwork back over to Collins. The Selectmen's Assistant reviewed the paperwork and asked Selectman Heath if he was going to sign them, to which he replied only, "No".
The warrants requiring the Town Clerk to order the town's ballots, and to post the election date were both presented and signed.
An e mail from State Representative Karen Gerrish was presented asking for a moment of time at the Town's upcoming Public Hearing. Selectman Thompson agreed, while both Nadeau and Heath stating they "didn't care".
Several property abatement forms were presented. Selectman Thompson asked for more information on one property, and then stated that the Board would have to go and look at the other two.
It was noted that March 18th, 2016 was the deadline for property abatement requests to be received at the Town Office.
An Maine Municipal Association financial survey was given to the Board, with a deadline of March 21, 2016. As this was not a requirement, Thompson suggested that it be put in the "round file" and both other Board members agreed.
An application for a Tree Growth tax exemption was presented along with all the supporting documentation. No decision was made and the Board agreed to look the situation over.
A Hubbard Road resident wrote requesting to join two adjoining lots together for assessment purposes. There was discussion of talking to the homeowner and no action was taken.
At 5:40 pm, Lebanon resident Ashley Allen arrived to discuss with the Board, their thoughts on Great Brook Road (off of Upper Guinea Road) becoming accepted as a Town Road, thereby being maintained by the Town.
Selectman Thompson had all the paperwork in hand regarding Great Brook subdivision, and reading from those plans, Item #17 states that Great Brook Road was being created as a private road, and that it would always remain as a private road. The plans also stated, "See Road Maintenance Agreement for more information."
The Board waited as Thompson went to the Town Office Lobby in search of the "Road Maintenance Agreement" and when he returned, he read from the agreement regarding the creation of a Road Association in order to help the residents pitch in and pay for maintenance and plowing of Great Brook Road.
Thompson also noted that the "Agreement" did not contain a signed copy of that agreement, and he stated that he had looked for a signed copy, but wasn't sure that it existed. He stated that he didn't know if Jenn Griffin had one filed for the Planning Board, but he would ask.
Thompson told Ms. Allen that because the development was a sub-division, that these plans had been approved by the Lebanon Planning Board, and that any and all changes to sub-division plans must be approved first by the Planning Board.
Thompson further cautioned Ms. Allen that the Planning Board would call the Road Commissioner in to speak on the condition of the road, and that they could require residents to pitch in and pay for tests to determine road stability.
Ms. Allen was provided with copies of all the paperwork and left the building at 5:53 pm.
Selectman Thompson discussed with the Board the cost associated with printing of deeds for assessing, abatements, and foreclosures, stating that that line of the budget was already over for this fiscal year.
Thompson stated that he didn't want any more printed unless the Board changed some money around, or decided on another line to charge the deed copies to.
Sue Collins stated that in January she had been given 500 free copies to use for the year, and in her thought, it would be used up in making deeds between now and June, 2016.
The Board had discussion about O'Donnell's, the company that creates the tax maps for Lebanon, paying for the deed copies, as he thought it was part of their contract, and a small discussion ensued about which would cost more money, to have O'Donnell's do them as part of their fee, or to pay an additional charge to go over on the printing costs.
Select Board Chairman Thompson stated that he had seen the representative from Port City Cleaning, who holds the current contract for custodial services at the Town Office. Thompson stated that he had regained the Town Office keys from the company and that they would be cleaning twice more, and would need to be let into the building.
LMTS Deborah Dorey Wilson questioned the Board on the toilets in the Ladies' Room, as the bowls are a horrible brown color and have an oily residue floating on the top of the water.
Thompson stated that there was a current problem with the water filtering system in the Town Office and that they would have to have it looked at.
Wilson suggested a temporary solution of "Lime Away" to keep the bowls clean.
Thompson then brought up the service contract that supplied large bottles of water for the water cooler in the Town Office. Thompson stated that there were always 4 or 5 bottles in reserve that the town was charged for, but that he didn't think that it was necessary to have so many large bottles of water left in reserve.
Selectman Heath stated that they may need the bottles for Lebanon Clean Up Day, but LMTS Deborah Dorey Wilson reminded Selectman Heath that she personally provided single serving bottled water for all participants and did not use the Town Office bottled water for that event.
LMTS Deborah Dorey Wilson questioned the Board of Selectmen regarding the upcoming Gun and Craft Show scheduled for March 19 & 20 at the Tri-City Expo Center (formerly Stateline RV), and asked if the Board had ever received a permit application from the company.
Selectman Thompson asked when that event was planned and Wilson reminded the Board that she had spoken to them about this event back in January.
Thompson stated that he would have to speak to Code Enforcement Officer Mike Beaulieu about that permit, and Wilson told the Board that she had spoken to CEO Beaulieu last week and he had stated that he would stop by the Tri-City Expo Center to have a discussion with them on the permitting process. No answers were given until the Board could speak with the Code Enforcement Officer.
At 5:00 pm, the Board entered into Executive Session with Lebanon Treasurer Jeanette Lemay, stating personnel issues.
Executive Session was adjourned at 5:14 pm with Thompson stating that they had adjourned to pursue legal counsel on the matter and that the Executive Session would resume at a later, undisclosed date.
Selectman Thompson stated that the first meeting of the year for the Lebanon Festival Committee had taken place on Thursday, March 10, 2016 at the Martha Sawyer Community Library.
Discussion was held regarding the Meeting Table for the newly renovated Selectman's Meeting room in the Town Office. Thompson showed the other Selectmen a choice of two 12 X 4 X 29 inch high tables in cherry or mahogany.
Thompson noted that even with the purchase of the table, the total cost was still under the $5,000 that had been budgeted from the town's contingency fund for the project.
There was no decision made on whether to purchase the cherry (lighter) or the mahogany (darker) until the Board members could ride over to the office and take a look at the choices in person.
Selectman Nadeau made a motion to purchase one 12' X 4' X 29" meeting table from Northeast Office Furniture in Dover NH for the price of $899.00 plus $75 delivery and set up charge.
Motion was seconded by Thompson and all were in favor.
Board Chairman Thompson stated that he had received an e mail from the Prospect Hill Cemetery Board in Milton, New Hampshire stating their willingness to split (50/50) the $3,000 legal cost needed to research the trust issues with that property, with the Town of Lebanon.
Selectman Nadeau questioned why Lebanon would take someone else's responsibility and Thompson explained the situation to him, Prospect Hill Cemetery actually being in the Town of Lebanon, and therefore, legally, Lebanon's responsibility.
The Cemetery discussion was interrupted by Selectman Heath's cell phone ringing. Lebanon Fire and EMS Chief Daniel Meehan was calling.
The Chief related to Heath that he had just received an updated quote for a Fire Truck, and that the price would be $454,897.00.
Chief Meehan offered three different lease / buyout plans as options to be considered by the town. The first was a 7 year lease with a total yearly payment of $73,891.00.
The second was a 10 year lease with a total yearly payment of $54,572.00
And the final was a 12 year lese with a total yearly payment of $49,777.00
The Board began discussing the options and which would be better to put in front of the voters at the May 10th, 2016 Town Election, and opted to place a return call to the Chief and have him come into the meeting.
The Chief agreed to come from his home to have a discussion with the Board.
At 5:30 PM, Tim from T&M Landscape (of Rochester) came in to discuss with the Board, the payment schedule for his winning bid on the Town Properties mowing contract.
Thompson told the landscaper that the Town processed AP on a bi-weekly basis, and that he should submit his invoices each Friday.
Further discussion was had regarding how much the company should charge the Town on each week's invoice.
Thompson asked the landscaper to return later in the week so that he could discuss the options with the Town Treasurer, and he agreed to return Thursday or Friday to finalize the discussion and sign the contract.
The landscaper asked Selectman Heath when the Cemetery Mowing bid would be advertised and Selectman Heath stated he had "No idea".
LMTS Deborah Dorey Wilson told the young man that the Cemetery Mowing bid had been already been bid and opened and awarded to J&S Masonry of Brownfield, Maine.
At 5:48 pm, the Board returned to discussions regarding Prospect Hill Cemetery.
Selectman Heath stated that he wanted to see paperwork with details and numbers regarding the total on how much it was going to cost for the town to resume the care of the cemetery.
Selectman Nadeau questioned why Lebanon had to resume care of the cemetery, stating that he didn't want to vote to do that.
Selectman Thompson explained to both men that, as had been discussed in many meetings over the past year, it was nearly impossible to determine in detail what the total dollar amount would be in taking control of the cemetery from the Town of Milton, NH, but reminding the other Board members that this was, by law, Lebanon's responsibility as the cemetery was within our town's borders.
Heath and Nadeau both discussed that they would like to find a way around having to take over responsibility and care of the property, however, Thompson once again told them that according to Maine State Law, it was the town's responsibility.
Heath felt that the taxpayers of Lebanon would not be happy if they signed the agreement to begin this process without a clear and detailed answer as to the total cost of the project.
Thompson stated that the project would probably have to be approved in several stages as the cost associated with each step of the process was determined, but that this particular agreement was for 50% of $3,000 (or $1,500) which was to research property deeds and actual "ownership" of the trusts and properties.
Selectman Nadeau asked Thompson if he had any general idea how much it would cost, to which Thompson stated he had no idea, and that he hadn't been out to the cemetery, adding that he had heard it was "rolling down the hill".
Nadeau asked if the people buried there were in vaults, and Thompson answered that he didn't know, but that there were still active burials being held there.
Heath questioned the town's liability, stating that if the cemetery were on town property, and there were active burials, would Lebanon be held responsible legally for anything happening there. Again, Thompson stated he did not know.
Heath seemed aggravated, stating that Milton had used the property to bury their dead, and now when the money was running out, they conveniently wanted to give it back, saying that they owned it all this time, why give it back now?
Thompson reminded Heath that possession is not always ownership, but Heath countered by stating that possession is 9/10ths of the law.
Once again, Selectman Nadeau stated that he wanted to know, in detail, how much it was going to cost, and once again, Thompson stated there was no way of knowing.
Nadeau told Thompson to go to Milton and find out more information and give them more details to the cost associated, and they would review it and make a decision.
Resident Dana Coull spoke up, wondering why the town would have to pay any costs associated with Milton turning the cemetery back to Lebanon. Coull contended that if Milton had taken possession of the cemetery and the trust money that were not theirs to begin with, they should have to pay the money associated with giving it back.
Selectman Nadeau finally made sense of the discussion by stating that the most important thing out of the entire discussion was to get this cleaned up as best as possible rather than leaving a mess for a future Board to have to deal with. He asked for a project outline, detailing the expected timelines and actions that would happen in order to turn the cemetery over to Lebanon, and some notes on what the current costs were to the Town of Milton for it's care in the present time.
Selectman Thompson made a motion for the Board to pay 50% of the $3,000 cost associated with the first step of researching land and trust ownerships for Prospect Hill Cemetery. Neither of the remaining two Selectmen would second the motion.
Issue will be brought up again at a later date.
LMTS Deborah Dorey Wilson mentioned to the Board that while she had been outside the Town Office during the Board's Executive Session, she had noticed that the Town Office American Flag was still lowered to half staff, noting that the half staff order by President Obama and Governor LePage in honor of First Lady Nancy Reagan, had expired on March 11th, 3 days ago.
Wilson asked why the flag was still flying at half staff.
Selectman Thompson stated he did not know.
Wilson asked who was responsible for restoring the flag to fly at full glory.
Thompson stated that the Town Clerk would have received the notice from the State.
Wilson asked if the Town Clerk were responsible for raising and lowering the flag, but got no answer.
Resident Dana Coull asked who was responsible for Lebanon Station 2 flag and if it were raised from half staff. Wilson answered that the Lebanon Fire and EMS was responsible for that flag, and that she had noted it flying at full glory on her way to meeting that afternoon.
Selectmen Heath and Nadeau had a discussion regarding which of them would have to take on the job of being Sergeant at Arms, but in the end, no one ever left their seat to go and raise the flag.
When LMTS left the Town Office, the flag was still flying at half staff with no one willing to perform the job of raising it.
The Board turned their attention to the question of offering voters the opportunity to purchase a new fire truck for the Lebanon Fire and EMS Department.
Selectman Thompson stated that he felt that it was a valid question to put before the voters on the May 10, 2016 Town Election.
Selectman Nadeau questioned why the proposal was so late in the year, adding that he was not personally in favor of the purchase of a fire truck.
Thompson reminded Nadeau that the question before them was not whether or not to purchase the truck, but whether or not to place the question before the voters of Lebanon.
Nadeau stated that he thought the Board should wait another year or so before proposing that to the voters.
Discussion continued with Thompson saying that this truck was one that would replace the now out of service Engine 1, and that former Fire Administrations had been trying to replace this truck since 2009, and that the current Chief had been working on this proposal for months, working with three different companies and talking back and forth in an effort to give the best price possible to the town's taxpayers.
Selectman Nadeau stated that he would vote to put it on the ballot if he didn't have to vote to recommend it to the voters, to which Thompson answered that if the question were on the Town Ballot, that it was Maine State Law that the Board had to vote one way or another to recommend, or not to recommend, however, Selectman Nadeau always had the option of abstaining.
Selectman Heath asked how much money per year this proposal would cost the taxpayers of the town, and Thompson stated that if the total price were $454,8987.00 the total cost would result in less than $1.00 per thousand being added to each tax bill, but that if it were broken into a 10 year plan, at $54,572.00 due each year, the cost to the taxpayers would be between 13 cents and 15 cents per thousand each year.
Selectman Nadeau stated that Fire Station 1 (Depot Road) was in poor condition, and that he wasn't sure it would keep the investment of a new fire truck safe, adding that there ought to be work done on the station before considering a brand new truck.
Thompson agreed that work needed to be done on the Depot Road Station, but added that if Nadeau's house were on fire, the fire station wouldn't roll down the street to put out the fire.
Thompson stated that the truck the Chief had submitted a proposal for was a 2017 TONY, which carried a tank capable of holding 1,500 gallons of water. The truck is a pumper / tanker, so it also has pumping capabilities of pumping from nearby ponds.
It was also noted that the contract states that it takes 300 days to build and deliver (almost a year), and that this was the same truck that former Fire Chief Skip Wood had been asking for over the past several years.
Thompson stated that if the town had voted to purchase the truck 2 years ago in 2014, the price tag was $22,000 less than today's price. Due to inflation, the price would continue to rise for the same piece of equipment the longer the town put off the purchase.
Selectman Heath stated that if the town voted to purchase a new fire truck, the firefighters would think that the town had plenty of money, and would ask for higher wages, and possibly bring the Union into the Lebanon Fire and EMS station if higher wages were not approved.
LMTS Deborah Dorey Wilson told Selectman Heath that she highly doubted that the members of the Lebanon Fire and EMS were looking to join the Union, and if they were treated fairly, and kept safe, it probably wouldn't be an issue.
Heath answered that they never thought the Town Office workers would need a Union either, and yet, there was a Union in place in the Town Office.
At 6;25 pm, Lebanon Fire and EMS Chief Daniel Meehan entered the office and the meeting.
Selectman Nadeau asked the Chief why he had waited so long to put a fire truck question before the Board for inclusion on the ballot.
Chief Meehan answered that they had started out with three bids with a high price tag, over $584,000.00, but that working with the companies they had managed to shave over $113,000.00 off of the original bids to come up with a total they felt was fair to the town.
Meehan stated that he could have waited to propose the truck, but that with Engine 1 down the town was down to having only one fire truck, Engine 2, a pumper / tanker truck, currently housed at Station 1. The Chief went on to say that with it's smaller tank, the truck was considered more of a support truck than a "first in" response engine.
Meehan also stated that the town had invested a lot of money in cross training Fire and EMS members and that the town was rising on their mutual aid lists and if they were called out of town to a mutual aid event, the town would be left with no apparatus here in Lebanon.
When questioned by Selectman Nadeau on why he couldn't repair Engine 1, Meehan stated that the apparatus was no longer even good enough to take a State Inspection Sticker, and that it had recently failed the pumps pressure testing. Meehan added that the truck would require over $6,700.00 worth of work to even begin thinking about being operational, and the aging truck only had a value of $5,000.00.
Again Nadeau questioned the need for this truck stating that he didn't think it necessary to purchase another pumper truck, however, Meehan answered that in a town with no pressurized water supply, (hydrants), the availability of water was key to extinguishing a fire, saying that the truck was capable of pumping from its own tank and then pumping from a nearby water supply as soon as one was established.
Selectman Thompson stated that Engine 1 had been purchased on a 10 year lease / payment plan and had served the town for 30 years.
Selectman Heath questioned if the truck would come complete with hose and all equipment needed to fight a fire, and Meehan stated that it would not, however, the department had enough hose and equipment and that it had all passed pressurized testing this summer and would continue to have yearly pressure testing.
Meehan stated that he had been hoping to go one more year with Engines 1 and 2 both in service, but that the unsafe conditions of Engine 1 had put that apparatus out of service and expedited his search for a new engine to replace it.
Selectman Heath questioned the use of the fire truck currently housed in Blaisdell Station (Station 2) on Route 202. Meehan stated that that tanker was currently responding to every town event, however, it was a split shift manual transmission and not every certified responder could drive that vehicle. Meehan stated that to completely update that apparatus would require a $30,000 to $40,000 transmission replacement.
Once again Selectman Nadeau stated that he felt Meehan should have finished this proposal earlier and made a better presentation to the Board, and once again, both Meehan and Thompson contended that they had only received the final lower dollar amount on the truck that evening, just prior to Meehan's phone conversation with Selectman Heath.
The Fire and EMS Chief also offered to Nadeau that the Ambulance Service had been generating and collecting more money than ever, and that all that money now went into the town's General Fund, not into the Fire and EMS Department budget.
Thompson agreed that in the current year, (2015-16) the Ambulance had so far brought in over $86,000.00 in revenue, which is up over $20,000.00 from any other previous year.
Thompson also added that there were more houses and developments in town and after assessing of the waterfront was completed this year, he expected that the yearly cost to the taxpayer for this truck would only be about 10 cents - 15 cents per thousand.
With most questions already having been asked, Selectman Thompson motioned to put before the voters of the Town of Lebanon, the purchase of the 2017 Tony Fire Pumper Tanker for a 10 year lease / purchase term at a rate of $54,578.00 per year, at a total of $454,897.00. Selectman Heath seconded the motion. The Board voted 2 in favor, with Nadeau voting against. The question will appear on the May 10, 2016 Town Ballot.
Selectman Thompson questioned Chief Meehan as to whether the Chief had utilized a member of the Highway Department to move the Fire and EMS boat at any time over the past week. Chief Meehan stated he had not moved the boat, or used a member of the Highway Department to move any piece of Fire or EMS equipment.
Selectman Thompson showed a time sheet to the other two Selectmen stating that the entry noted that the employee had "Moved a Boat from T.M. Wentworth Road".
Thompson stated that they would look into that line of information prior to signing the time sheet.
LMTS was given no indication on who's timesheet the Board was viewing.
Chief Meehan then left the building.
At 7:10 pm, the Board of Selectmen entered into another Executive Session, citing the reason as "Labor Negotiations".
At 7:25 pm the Board exited Executive Session stating that no decisions had been made during the 15 minute session.
At 7:28 pm, Selectman Thompson motioned to adjourn the meeting, seconded by Selectman Heath and all voting in favor.
Selectman Nadeau left the building and Selectmen Heath and Thompson remained in the meeting room.
