Town of Poland
1231 Main St., Poland, ME 04274
ph: (207) 998-4601
fx: (207) 998-2002
Board of Selectmen-05/15/2007
Poland Board of Selectmen
Minutes of Meeting
May 15, 2007

CALL TO ORDER
Chairman Sandra Knowles called the meeting to order at 7:00PM with Selectmen Lionel C. Ferland, Jr., Wendy Sanborn, Erland Torrey and Joseph Cimino present.

Also present were Town Manager, Richard Chick, Assistant Town Manager Rosemary Roy, Willie Rice, George Twine, George Sanborn, Ray Lafrance, Joel Dulberg, Richard & Nancy Fraser, Bob Pomerleau, Art Dunlap, Gary Russell, Ivy Brown, Jeff Coolidge, Bill Stubbs, Alfred Morrison, Kevin Roper, Rebecca Moran, John Crouch, Dan Roy, David MacMahon, Gar Roper and Scott Segal.

Public Hearing - Lobster Marina Liquor License Application
Selectman Ferland moved to open the Public Hearing for the Lobster Marina liquor license applications.  Selectman Sanborn seconded the motion.  Discussion:  Selectman Cimino recused himself from voting, because he is an abutter.
Vote:  4-yes 0-no 1-abstained (Selectman Cimino)

Hearing Discussion:  The facility is completely contained and there is no sale of liquor outside the facility.  Captain Lafrance confirmed that there have been no disturbances reported at the business.  Selectman Cimino questioned the loud entertainment coming from the establishment at a very late hour.  Kevin Roper explained that entertainment is always inside the establishment and that it was coming from a customer’s vehicle.  It was suggested that if it occurs again to contact the police.

Selectman Ferland moved to close the Public Hearing.  Selectman Torrey seconded the motion.  Discussion:  None.
Vote:  4-yes 0-no (Selectman Cimino abstained)

Selectman Torrey moved to approve and grant the renewal liquor license to the Lobster Marina.  Selectman Sanborn seconded the motion.  Discussion:  None.
Vote:  4-yes 0-no (Selectman Cimino abstained)

Organization of Board
Selectman Cimino moved to elect Selectman Sanborn as Chairman of the Board for the 2007-08 year. There was no second.

Selectman Torrey moved to elect Selectman Ferland as Chairman of the Board for the 2007-08 year.  Selectman Knowles seconded the motion.  Discussion:  Selectman Cimino expressed Selectman Sanborn’s capabilities to hold the position of Chairman and asked the Board to reconsider.    There were no reconsiderations.
Vote:  3-yes 2-no (Selectmen Cimino and Sanborn voted in the negative.)

Selectman Ferland moved to elect Selectman Sanborn as Vice Chairman of the Board for the 2007-08 year.   Selectman Sanborn declined the offer.

Selectman Knowles moved to elect Selectman Torrey as Vice Chairman of the Board for the 2007-08 year.   Selectman Sanborn seconded the motion.  Discussion:  None.
Vote:  3-yes 1-no (Selectman Cimino voted in the negative.) (Selectman Torrey abstained)

Minutes of Previous Meeting
None.

Reports and Communications
County Communications - Selectman Sanborn moved to accept the County Communications report for April 2007.  Selectman Torrey seconded the motion.  Discussion:  None.
Vote:  5-yes 0-no

Law Enforcement –Captain Lafrance discussed with the Board his support of Sheriff Desjardin’s recent correspondence regarding the ongoing dispute for additional police coverage.  He explained the benefits Poland would receive from an additional officer particularly that of 24 hour coverage for the town.  He encouraged the Board, if they felt likewise, to send a letter of support to Sheriff Desjardins.
Selectman Cimino moved that a letter of support be drafted and forwarded to the County Commissioners in support of Sheriff Desjardin’s quest for additional police staff.  Selectman Sanborn seconded the motion.  Discussion:  The Board directed the Town Manager to process this request.
Vote:  5-yes 0-no

Selectman Knowles moved to accept the Law Enforcement report for April 2007.  Selectman Torrey seconded the motion.  Discussion:  Capt. Lafrance reported that Officer Nelson Peters is temporarily replacing the vacancy of Officer John Collins and that they hope to have this issue resolved in May when the renewal of the police contract is presented to the Board.
Vote:  5-yes 0-no

Animal Control - Selectman Knowles moved to accept the Animal Control Officer’s report for April 2007.  Selectman Sanborn seconded the motion.  Discussion:  None.
Vote:  5-yes 0-no

Code Enforcement Office – Selectman Sanborn asked for clarification as to who answers to whom in relation to the Planning Board and CEO.  CEO Dunlap stated that it depends on what the situation is and how it relates to the Land Use Comprehensive Code ordinance.  He then went on to state that the land use chart in the ordinance is a good reference to use when determining order of authority.  Any areas that are undetermined are discussed with the Planning Board prior to any action.  Selectman Cimino moved to accept the Code Enforcement Officer’s report for April 2007.  Selectman Torrey seconded the motion.  Discussion:  None.
Vote:  5-yes 0-no

Town Manager’s Report
The manager reported that the disposition of any wood cut during the clearing process to allow the relocation of utilities has been resolved.  Selectman Sanborn inquired as to how the process was determined.  He explained that property owners would be given the choice of being reimbursed for the value of the wood or they could keep the wood.  Resident John Crouch stated that he had forester Fred Huntress provide a value amount of the wood taken down from his property and that the cost to do this was $350.00.  He felt that he should also be reimbursed for this as well as being reimbursed for the wood.  Resident Alfred Morrison stated that his property has also been affected but he has received no notice of the process.  Mr. Chick noted that one change order would be required to the contractor to cover the wood removal.  Selectman Knowles moved to authorize the payment of any forester fees acquired by residents for determining wood values in relation to the Plains Road project.  Selectman Cimino seconded the motion.  Discussion:  Selectman Cimino noted that the project has had plenty of publicity and has been in process for quite sometime.
Vote:  5-yes 0-no
Town Hall Ramp Litigation
Mr. Chick reported that Attorney Jamie Belleau has advised the Town that the mandatory mediation in the matter of Poland v. DCS Construction will take place Monday June 4, 2007 beginning at 1:00PM at the offices of Skelton, Taintor & Abbott.   Selectman Cimino felt strongly that no further action should be pursued.  He felt the Board should let go and that no further funds be spent on something that is unattainable.  Selectman Sanborn felt the same way.  Selectman Cimino moved to halt any further litigation against DCS Construction.  Selectman Sanborn seconded the motion.  Discussion:  Selectman Sanborn questioned whether management had gone ahead with the litigation process without Board approval.  It was explained that this was a step in the process and that no legal permissions were given ahead of what the Board already approved.
Vote:  5-yes 0-no

Selectman Knowles moved to approve the Town Manager’s biweekly report.  Selectman Cimino seconded the motion.  Discussion:  None.
Vote:  5-yes 0-no

Public Works Department
No report – Department Head on vacation.  Selectman Sanborn stated that the Board had not received a report in two months and would like to see one for June.

Recreation Department - Selectman Knowles moved to accept the Recreation Department report for April 2007.  Selectman Sanborn seconded the motion.  Discussion:  None.
Vote:  5-yes 0-no

Fire Rescue Department – Selectman Knowles moved to accept the Fire Rescue report for April 2007.  Selectman Torrey seconded the motion.  Discussion:  None.
Vote:  5-yes 0-no

Finance Director’s Report
Selectman Sanborn moved to accept the Finance Director’s biweekly report.  Selectman Torrey seconded the motion.  Discussion:   The Board had several questions regarding the report and the Finance Director was not present.  The Board stated that they would like to have the Financial Director present at the meetings to answer their questions.
Vote:  2-yes 3-no (Selectmen Knowles, Sanborn, & Cimino voted in the negative.)  Motion failed.

Review Bills Payable/Monthly Warrants
Selectman Knowles moved to approve the bills payable from May 1, 2007 through May 15, 2007 in the amount of $1,082,547.62.  Selectman Sanborn seconded the motion.  Discussion:  The Board discussed the payables process and the history behind it.
Vote:  5-yes 0-no

Assignment of extraordinary bills
James George - 2005 post audit $9,000.00 (contingency $10,000.) – Not yet submitted for payment/audit report has not yet been received.

Town Manager Recruitment Advertising $6,000.00 estimated – Mr. Chick summarized for the Board the advertisement costs and to where the ads were placed.

Board of Assessors – Ratio Declaration and Homestead Exemption Reimbursement Application  Selectman Knowles moved to approved and authorize the assignment of the Ratio Declaration & Reimbursement application with a developed parcel ratio of 60% and a certified ratio of 66%.  Selectman Sanborn seconded the motion.  Discussion:  None.
Vote:  5-yes 0-no

Communications
The following materials were included in the meeting packets:

†       MMA - Provided to the Board were Maine Municipal Association’s Executive Committee Member Nomination, and Statement of interest forms for positions with the committee.  The Board expressed no interest in participating at this time.
†       Three items pertaining to the Maine Law Court’s Decision on Stevenson v. Kennebunk
1.      Bernstein Shur Sawyer & Nelson client advisory RE: Stevenson
2.      Bryan Dench – Advice to clients RE: Stevenson
3.      Bryan Dench  - Discussion of emergency legislation under development to resolve the uncertainty created by the Stevenson Decision.
†       Bryan Dench – Assistance to Charter Commission
†       Sheriff Desjardins – RE: Police Coverage
†       Mid Maine Waste Corp. 4/24/07 Executive Committee Meeting Minutes
†       MDOT RE: May 23, 2007 public meeting on the 20-year transportation plan.

OLD BUSINESS
Town Manager Search Committee
Resident David MacMahon submitted a statement of interest form for the Town Manager Search Committee.  The Board conducted an interview with Mr. MacMahon and found his experience to be in order for the task at hand.  Selectman Cimino moved to appoint business owner, Cyndi Robbins to the position based on her years of experience in business.  Selectman Sanborn seconded the motion.  Discussion:  Selectman Sanborn stated that, in all fairness, Mrs. Robbins should come before the Board like the other applicants have.
Vote:  2-yes 2-no (Selectmen Ferland and Knowles voted in the negative.) 1-abstained (Selectman Torrey) Motion fails.

Selectman Knowles moved to appoint resident David MacMahon to the Town Manager Search Committee.  Selectman Ferland seconded the motion.  Discussion:  None.
Vote:  4-yes 1-no (Selectman Cimino voted in the negative.)

The Town Manager Search Committee now consists of the following individuals:  Colleen Walthers, David MacMahon, Chuck Finger, Peter Bolduc, Willie Rice, Sandra Knowles and Joe Cimino.

2007 Annual Audit
The manager recommended that the Board award the Town’s 2007 annual audit to RHR Smith & Co as the only bidder responsive to the Town’s request.  Board members expressed concern in having the town books reconciled prior to hiring an auditor.  The manager stated that it would be in the town’s best interest to get on a firm’s schedule now rather than later.

Selectman Sanborn moved to hire RHR Smith & Co. for one year and to hire Ouellette and Associates for consulting services.  Selectman Cimino felt the Board should pursue what other firms would cost to provide consulting services.  Rosemary Roy stated she could take care of this.  Selectman Sanborn withdrew her motion.

Selectman Sanborn moved to accept the proposal from RHR Smith & Co. for the Town’s auditing services for one year.  Selectman Cimino seconded the motion.  Discussion:  None.
Vote:  5-yes 0-no

New Business
Highland Cemetery Donation
A resident has offered to donate $10,500.00 to be held in trust as part of the Highland Cemetery Trust Fund.  This donation will ultimately have to be accepted by town meeting vote at the next available town meeting.  The manager requested permission to begin processing the request and establish the donation as part of the Town’s cemetery trust funds.  Selectman Knowles moved to accept the donation of $10,500.00 to be held in trust as part of the Highland Cemetery Trust Fund, and to be accepted by town meeting vote at the next available town meeting.  Selectman Cimino seconded the motion.  Discussion:  None.
Vote:  5-yes 0-no

Poland Place – Bowes Development Performance Guarantee
The manager reported that attorney Bryan Dench has reviewed the Performance Guarantee proposed for the Bowes Development.  The manager explained that he requested attorney Dana Hanley to make the three changes to the document as identified by Attorney Dench.  Once changed, he then recommends the Board approve the Performance Guarantee for the Poland Place Development.  Selectman Cimino moved to approve the Bowes Development Performance Guarantee with the changes in the document provided by Attorney Dench.  Selectman Sanborn seconded the motion.  Discussion:  None.
Vote:  5-yes 0-no

Recognition of Visitors
Bob Pomerleau expressed his concerns over comments made regarding the Public Works department discarding clean up sand/fill on a property he owns located at five corners.  It was his understanding that if the town had no use for the materials that discarding it at a location that is convenient or close by is a standard practice for the Public Works department.  The manager confirmed this process also stating that there is a form individual’s fill out for these requests.  Mr. Pomerleau did not fill out a form however he would come in and do so.  The Board did not express any problems with this process.

Rebecca Moran and Greg Herrick questioned the recent sweeper accident and the repairs needed.  The manager reported that they are waiting for the claims adjuster.  The Board confirmed they were notified of the incident and an accident report was filed.

Ivy Brown expressed her concern with the correspondence that took place between her attorney and CEO Art Dunlap.

Any Other Business
Chairman Ferland asked that the annual town appointments be addressed at the next regular Selectmen’s meeting.

Given the time, the consensus of the Board was to hold the following additional meetings in May:

Finance Advisory Committee/Consulting Services – postponed until May 24, 2007 in the Old School House.

Town Manager Search Committee – postponed until Tuesday, May 29, 2007.  The Board will meet with committee members at this time to discuss the search process.

Executive Session/Non-Public Proceedings - General Assistance Matter
Selectman Torrey moved that the Board of Selectmen enter into executive session with the CEO, Town Manager and Assistant Town Manager to deliberate on a general assistance matter pursuant to Title 22 MRSA § 4306.  Selectman Sanborn seconded the motion.  Discussion:  None.
Vote:  5-yes 0-no

The Board came out of executive session at approximately 9:30pm.  Selectman Knowles moved to withdraw the necessary funds from the Hackett Trust fund to release the outstanding property taxes for account #2619.  Authorization for a quitclaim deed and discharge of the land purchase installment agreement is also granted.  Selectman Sanborn seconded the motion.  Discussion:  None.
Vote:  5-yes 0-no

Executive Session - Personnel Matter
Selectman Sanborn move that the Board of Selectmen enter into executive session with the Town Manager pursuant to Title 1 MRSA Chapter 13 Public Records and Proceedings, subsection 405 Executive Sessions § 6(A) to discuss a personnel matter.   Selectman Knowles seconded the motion.  Discussion:  None.
Vote:  5-yes 0-no

Adjourn
Selectman Sanborn moved to adjourn the meeting shortly after ten.  Selectman Torrey seconded the motion.  Discussion:  None.
Vote:  5-yes 0-no

Recorded by:  Rosemary E. Roy







Board of Selectmen



________________________________                 ________________________________
Lionel C. Ferland, Jr., Chairman                             Erland M. Torrey, Vice Chairman


________________________________                 ________________________________
Wendy S. Sanborn                                                   Sandra T. Knowles


________________________________
Joseph F. Cimino