MINUTES September 18, 2008

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SELECTMEN’S MEETING MINUTES
September 18, 2008
7:00 P.M.


PRESENT: Chairman J. Arthur Boivin, Vice-Chairman Frank DiConzo, Mark Belanger, Bradford Adley, Robert Cameron, Len Greaney, Ernest Robichaud, Audrey Guay, Debra Hertell, Jason Thompson, Gary Wentzell, Tim Gallant, Bruce Farrin, Curtis Rice, Phil Blampied, Terry Karkos, Rick Kent, Tom Carey, Matt Peterson, Calvin Burgess

1. Meeting called to order at 7:00 p.m. by Chairman J. Arthur Boivin
2. All present pledged allegiance to the American Flag
3. Approval of minutes from the Selectmen’s Meeting of September 4, 2008.

Mr. Belanger made a motion to approve the Minutes from the Selectmen’s Meeting of September 4, 2008 with the following correction under Requests of Citizens Present, “Kevin Knox made a request for a streetlight near his residence and business on Route 108.” Vote: 5-0

4. REPORTS

A. SELECTMEN’S REPORT

Mr. Cameron expressed concern regarding snow removal practices from the previous winter and asked for clarification of the rules for pushing snow across the road and if this was being enforced.

Town Manager Greaney stated that he visited a citizen with a similar concern stating that the travel lane was severely restricted because of the amount of snow on the sides of the road. The Town Manager stated that he will work with the Public Works Department to resolve this issue.

Mr. Cameron asked the status of the town owned properties that have been foreclosed upon and how soon we can dispose of the properties and get them back on the tax rolls. The Town Manager reported that he has forwarded these questions to Town Attorney Thomas Carey. He will contact Mr. Carey regarding the progress of our request.

Mr. DiConzo passed out a memorandum listing Executive Session statutory citations for Board members to use in the future.

Mr. DiConzo reported that the newly drafted Drug Policy is ongoing and also reported that he gave a copy to all the Board members in June.

Mr. DiConzo spoke regarding the media coverage of our community and the comments and internet blogs that have allowed anonymous postings. Town Manager Greaney reported that the Town of Rumford has followed the Freedom of Information Act to the letter regarding a local newspaper’s request and we are looking for similar action by the news media when the Town is seeking information.

Mr. DiConzo relayed a concern from a citizen regarding noise who claimed they have not received resolution from the Police Department. Town Manager Greaney reported that he has spoken with the Police Chief and the noise no longer exists.

Mr. DiConzo would like the Board to look at the bid process to consider revising it. He would like Certified Mail/Return Receipt used for anything going out to bid. He also believes that the Board

Chairman and/or Vice-Chairman be in attendance when the bids are opened at the Town Manager’s Office.

Mr. Belanger stated he is concerned with the Crime Log report in the local newspaper that may shed a negative light on the town. Mr. Belanger was concerned about the legality of printing a person’s picture in the paper before they had been found guilty in a court of law. The Town Manager asked to table this discussion for the next meeting when the Police Chief could be in attendance.

Mr. Belanger stated that the Board has not changed its opinion regarding the concept of the proposed resort casino. He stated that when the time comes, that we aggressively sell our area for the location. There are potentially 800 jobs and it would be worth working through any concerns.

Mr. Belanger stated that one of the most important gateways into town is along Route 2. Coming down Falls Hill there is a building that looks like a bomb has gone off and is an eyesore. This is not the “Gem at the Foot of the Falls.” He asked that we contact Hammond Lumber to see about improving the appearance of their property.

Mr. DiConzo would like to see the Town Warrant ask citizens for local approval of a casino at the same time as the State referendum asks this question in November.

Mr. Adley asked how we stand with the Snow Dump. The Town Manager reported that he has been working with Chairman Boivin and the Public Works Department on this matter. He has submitted a draft to the DEP with a set of questions and is waiting for a response

Mr. Adley asked about the status of the Fuel Bids. The Town Manager stated that we are waiting for an answer from Town Attorney Carey regarding the Woodstock Oil matter that would affect going out to bid.

Mr. Adley asked if the streetlight request from Kevin Knox has been followed up on. The Town Manager responded that it has not as yet.

Mr. Adley asked if we have a Taxi Cab Ordinance in the town. The Town of Calais has such an ordinance that requires the Police to check drivers license records etc. Mr. Adley will bring in a copy.

Chairman Boivin expressed frustration with the traffic light on Hancock Street and Lincoln Avenue. The Town Manager had MDOT look at the intersection last week. It was recommended that we look into modifying the blinking of the light at the local level rather than at the state level as that could take years. Also, when Hancock Street’s construction began we disabled a sensor. The Town Manager stated that he will continue to work to resolve this problem.

B. TOWN MANAGER’S REPORT

The Town Manager read a letter nominating Gary Wentzell as the 2008 Maine Fire Chief of the Year Award and a response letter from Maine Fire Chief Association. Mr. Wentzell was not selected for the award this year.

The Town Manager discussed fuel usage in the municipality. At this time, we are over budget by $832.00. Mr. Greaney reported that he will update the Board on a monthly basis.


The Town Manager announced the River Valley Expo will take place this Friday and Saturday.


C. DEPARTMENT MANAGER REPORTS (as necessary):

Fire: Apartment Building Update

Mr. Belanger made a motion to allow Gary Wentzell, a non-resident, to speak. Vote: 5-0

Fire Chief Gary Wentzell reported that the department is undertaking the inspection of buildings in the town with Code Enforcement Officer Rick Kent. Three buildings were deemed unsafe and should come down he stated. The addresses cited were 92 Maine Avenue, 107 York Street and 49 Oxford Avenue. These buildings are town owned. The Board authorized the Town Manager to discuss the disposition of 49 Oxford Avenue with Mr. Clyde Wardwell.

Mr. Belanger made a motion to put out an RFP to demolish 92 Maine Avenue and 107 York Street.
Vote: 5-0

5. REQUESTS OF CITIZENS PRESENT

Audrey Guay, representing the Strathglass Park Owners Association, asked for clarification on the care of the banking on Erchles Street. The Town Manager stated that for years the banking was taken care of by the Town of Rumford.

Mr. Adley made a motion to allow Tim Gallant, a non-resident, to speak. Vote: 5-0

Tim Gallant, Park Superintendent, reported that complaints were received about why the Park Department was cutting the banking. Sidewalks had been constructed many years ago for convenience of the neighborhood within the ten foot right of way, but the Town does not “own” the property, he stated. Mrs. Guay stated that the people in the park were not aware that they own this property and they should get notification from the Town to let them know. The Town Manager will look into this situation.

6. UNFINISHED BUSINESS

A. Request from Fairpoint Communications for Pole Location

The Town Manager reported that Fairpoint Communications had decided to re-route the cables and will not need a pole at this location.

B. Opening and Acceptance of Bids for Hot Mix Asphalt (Re-Bid)

The Town Manager explained that the Town had to go out for a Re-Bid because we changed our plans on paving Mountain View Annex and the Business Park. This cut the bid down to 20 percent of what we had originally bid out for paving. Also, the original winning bidder, Bruce Manzer, reported that he had underbid the job because the cost of liquid asphalt had risen significantly. The Town Manager had consulted with our Town Attorney Thomas Carey.

The bids were opened at the Town Manager’s Office according to the Town’s purchasing policy and the following bids were received:



1. Bruce A. Manzer, Inc. $83,102.60
2. Pike Industries, Inc. $94,780.00

Mr. Belanger made a motion to approve the bid from Bruce A. Manzer for $83,102.60. Vote: 5-0

C. Drug Policy Update

The Town Manager explained that the proposed policy needs more work and he will bring the revised draft back to the Board before the next meeting. The Town Manager would like any new information given to him in digital form.

Mr. Cameron would like to see the policy address only employees driving town equipment. He was also concerned about the union contracts that have already been established.

Mr. DiConzo stated that we may need more time to work on this before the next meeting. The Town Manager stated he will come back in two weeks with a closer version of what we want and will get an answer regarding the union contracts.

7. NEW BUSINESS

A. Approval of Town Warrant dated September 19, 2008.

Mr. Belanger made a motion to approve the Town Warrant dated September 19, 2008. Vote: 5-0

B. Approval of Warrant & Notice of Election Calling School Administrative District Referendum (MSAD 43 School Consolidation)

Mr. Adley made a motion to approve the Warrant & Notice of Election Calling School Administrative District Referendum. Vote: 5-0

C. Financial Audit Summary, Financial Reports – Budget vs. Actual and Excise Tax

The Town Manager reported that the financial audit for the previous year was difficult due to new financial software. This year the audit process has been smoother. Currently we are right on track with the budget.

D. Tax Collector Report

E. Approval of Taxi Cab License for Mountain Valley Taxi Service

Mr. Belanger made a motion to approve the Taxi Cab License for Mountain Valley Taxi Service.
Vote: 5-0

F. Economic Development Committee Update

Phil Blampied updated the Board on the progress being made within the committee in bringing new businesses to the area.

G. Request for Homecoming Parade Permit from Mountain Valley High School

Mr. Belanger made a motion to approve the Homecoming Parade Permit from Mountain Valley High School. Vote: 5-0

H. Approval of Police Vehicle Bid

Chairman Boivin opened one bid for the Town owned 1995 Ford Crown Victoria Police Chief Vehicle

1. Shawn Goodrow $392.75

Mr. Belanger made a motion to deny the bid. Vote: 5-0

The consensus of the Board was to go back out to bid for a higher amount.

I. Business Park Tree Removal Update – Tim Gallant

Mr. Gallant reported that he went through the Business Park property with forester Brian Milligan to gain his recommendation in the harvesting of trees to open up the lots for better views to potential buyers. Mr. Milligan also looked at other town owned properties for possibilities of harvesting. The Board listened to various options and took them under consideration.

Mr. Belanger made a motion to allow the Town Manager to work with Brian Milligan regarding the cutting of the lots in the Business Park. Vote: 5-0

J. Project Canopy Update – Tim Gallant

Mr. Gallant reported that he plans to advertise for citizens to join a Project Canopy forestry program The Maine Forestry Grant that we were awarded specifies that a committee be formed to identify trees, and their value to the community in various aspects.

K. Hearing on Dangerous Building at 14 Prospect Avenue

Town Attorney Thomas Carey addressed the Board and conducted a hearing on the 14 Prospect Avenue property. Code Enforcement Officer Rick Kent testified as to the course of action that had been undertaken in the notification of Mr. Brian O’Keefe, the property owner.

Jennifer Stowell Norris spoke regarding her concerns of “singling out” property owners in enforcement of code violations.

Fire Chief Gary Wentzell stated that Mr. O’Keefe needs to submit a plan of correction and that the State fire codes must be adhered to or the Town could become liable.

Mr. Belanger made a motion to suspend the hearing until the next Selectmen’s Meeting of October 2, 2008. Vote: 5-0

L. Notification/Receipt of Sexual Harassment and Drug Free Work Place Policies

The Sexual Harassment and Drug Free Work Place Policies were distributed amongst the Board members.

Mr. Belanger requested setting up a meeting with the Board of Selectmen, the apartment owners, Fire Department, Code Enforcement, and Fire Marshall Offices. The consensus of the Board was

to schedule a meeting for all to attend to discuss the code issues with town apartment buildings so that clarity and understanding between all involved could be addressed.

8. Adjournment

Mr. Cameron made a motion to adjourn at 9:55 p.m. Vote: 5-0

Leonard P. Greaney
Town Manager
LPG/tp