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Board of Selectmen Minutes 05/06/09
Town of Buxton
Minutes for May 6, 2009 Selectmen’s Meeting

Prepared by:  Dianne Senechal

Members present:  Jean C. Harmon, Clifford L. Emery, Robert C. Libby, Daniel T. Collomy and Linda W. Pulsoni.

Others Present:  Peter Burns, David Pinkham, Carol Sanborn, Steve & Lori Anthony, Peter Pinkham, Dennis Santolucito, Bruce Buchannon, Lary Owen.


Meeting Agenda

  • Call to Order.
The Meeting was called to order at 7:03 p.m.

  • Pledge of Allegiance

3.      Approval of Prior Meeting Minutes.

Selectmen’s Meeting Minutes April 29, 2009.  Approved 4-0-1.

  • Discussion held between 5:00 & 7:00 p.m.
5:00 p.m. – Anne Robishaw discussed a tax lot that the Town acquired and is putting up for sale.  It is Map 4, Lot 65A.  Selectman Harmon read the proposed legal ad which will be placed in the paper.  There was a discussion between the Selectmen regarding the minimum bid price and the amount will be discussed further before the lost goes out for sale.


  • Review of Correspondence.
  • Letter from Pat Sirois, Director of Maine’s Sustainable Forestry Initiative Program – Re:  Forestry and timber harvesting practices
  • Email from Michael Edgecomb, Time Warner Cable – Re:  Programming changes
  • Email(s) from Maine Centers for Disease Control – Re:  H1N1 update
  • Email from Paul Schumacher, So. Maine Regional Planning Commission – Re:  Funds to be distributed by Efficiency Maine
  • Review of Projects and Issues.
Selectman Libby stated that he had been to an Appeal Hearing with Bob Gingras.  They have 60 days to settle the matter.

Selectman Pulsoni read three articles from the Maine Townsmen.  The items related to cemetery maintenance, the town of Frenchboro and the Jay Town Manager giving up a clothing allowance so employees could have a raise.


Selectman Emery reported that the Selectmen are gearing up for Town Meeting.

Selectman Harmon reported that the school budget passed in the Town of Buxton with 190 votes cast.  The vote was 110 ‘yes’ and 80 ‘no’.

The Selectmen will be holding a Special Town Meeting to reconcile accounts.  The new Public Works Garage will be open to the public for an Open House on Saturday, May 16 from 10:00 – 2:00 p.m.

  • Old Business.
None


8.      New Business.
        
None

9.      Executive Orders.

E.O.080905003 – An order to enter into a three year contract with Shaw Brothers for winter sand.  The price per cubic yard will be $10.75 for the first two years, July 1, 2009 through June 30, 2011.  The price per cubic yard will increase by 5% for the third year, July 1, 2011 through June 30, 2012.  Approved 5-0.

E.O.080905004 – An order to approve a bid from Dayton Sand and Gravel for hot bituminous for $60.85 per ton for fiscal year July 1, 2009 – June 30, 2010.  Approved 5-0.

E.O.080905005 – An order to appoint Randy Porter to the position of Trustee at Town Farm Park effective until December 31, 2012.  Motion made and seconded to table 5-0.

E.O.080905006 – An order to appoint Randy Porter to the position of Trustee at Estes Park effective until December 31, 2012.  Approved 5-0.

E.O.080905007 – An order to allow Brenda Brown to ‘Carry Forward’ 22.5 hours of vacation time to be used before August 6, 2009.  Approved 5-0.

E.O.080905008 – An order to approve an Application for Veteran Exemption for
[Map 10, Lot 12].  Approved 5-0.



10.     Executive Orders by Initiative.

None





11      Accounts Payable and Payroll Warrants.

E.O.080905001 -- An order approving expenditures as documented in Accounts Payable Warrant #44-09.  Approved 5-0.  $44,651.69

E.O.080905002 -- An order approving expenditures as documented in Payroll Warrant
#44-09.  Approved 5-0.  $35,065.79



  • Next Meeting of the Board.
Planning Board Meeting Monday, May 11, 2009 at 7:00 p.m.
Public Hearing -- Liquor License Renewal for Just Julie’s Wednesday, May 13, 2009
              at 7:00 p.m.
Selectmen’s Meeting Wednesday, May 13, 2009 at 7:05 p.m.
Public Hearing Wednesday, May 20, 2009 at 7:00 p.m. for Secret Ballot Article for the June 9, 2009 Annual Town Meeting



  • Other Business.
Selectman Harmon read the Secret Ballot question.



  • Public Comments and Questions.
Robert Elwell asked how much the election for the school cost the Town.  Estimated to be about $2,000.

Robert wanted to know how much money the Town had invested in the piece of property that was going up for bid.  The Selectmen responded about $2,000 in back taxes.

Robert stated that $91,450 was taken out of the bid for paving the lot at the new Public Works Garage and the original bid was for $98,768.75.  Robert said that the contractor did not do the paving and he wants to know why $7,318.75 was not taken out of the original bid.  Selectman Pulsoni stated that was a good question and she stated that the Selectmen would look into the matter and report back.  The Selectmen did state that Deluca-Hoffman did the spreadsheet for the bids and they prepared the figures to take out of the bids for items that were not going to be done by the contractor(s).  Robert felt the financials for the entire job should be audited by a neutral party.

Selectman Libby stated that the paving that was remaining for the Public Works facility would be taken out of Undesignated Surplus.

Bruce Buchanon told the Board of Selectmen that he had built three huge welded gates at the home he rents on Route 202 and one had been vandalized and another had been pulled out of the ground by a logger that the landlord had hired.  Mr. Buchanon said that his rights had been violated and that he had called the Police and they would not take a report.  Mr. Buchanon had pictures of his gates that he gave to the Selectmen.  Selectman Harmon stated that she felt the matter was of a civil nature between Mr. Buchanon and his landlord.

Carol Sanborn stated that she was at the Town Garage in the morning (Wednesday, May 6th) and water was running into the holding tank for the wash bay.  She stated that she hoped that this item would be fixed.  Carol asked Selectman Emery how many traffic signs he had in his bid.  Selectman Emery stated three.

Carol questioned the canopy over the fuel tanks.  Originally the canopy was taken out of the bid but the fuel tanks remained.  Carol stated that federal and state law requires a canopy.  Selectman Emery said that a canopy is not required if the tanks are located in a double wall cradle they can stand alone and will meet federal and state guidelines.

Steve Anthony asked about the tax acquired property with the uncollected taxes.  He wanted to know if the Town had to sell the property or if the Town could keep it for themselves.  The Selectmen stated that the Town was not obligated to sell the property.  The property is located on Upper Egypt Road and is a 5 acre lot.

Steve questioned the Special Town Meeting and why a special meeting had to be held as the regular Annual Town Meeting was coming up.  Selectman Harmon stated that there is always a meeting to settle accounts and this one is very late as the Selectmen did not know the exact amount that was overspent on the Town Garage.  Approximately $61,000 needs to be reconciled prior to the next fiscal year.

Steve questioned the process that was used for overseeing the construction of the new Public Works Garage.  Who was the Clerk of the Works?  Selectman Emery stated that Deluca-Hoffman was the Clerk of the Works and they were hired as a separate entity to oversee the project.  There was a person who oversaw the earth work and another person who oversaw the structural work done by Littlefield Bros.  There were two different people that did inspections.  No changes were made unless they were made at the meetings held with the structural engineers, Deluca-Hoffman and the Selectmen.  All parties attended the meetings and minutes were taken.  The individuals who were overseeing the earth work and the structural work took pictures of the work as it progressed.

Steve asked why the grade of the new garage was lowered two feet.  Selectman Emery stated the grade of the building was not lowered two feet.

Steve Anthony asked who appoints the three people to the Charter Commission after the election.  The Selectmen stated that they will appoint two people and one Selectman will be on the Committee.

Larry Miller informed the Selectmen and the public that the School Budget passed with a vote of 446 ‘yes’ and 272 ‘no’ with all five communities reporting.  The paperwork was delivered to the Board of Selectmen as the Town Clerk was not available.





Peter Pinkham asked if there was going to be a candidate’s night.  The Board was not sure.  Peter stated that if $91,000 was removed from the bid for the earthwork, the $7,000 should be somewhere.  Peter indicated that a general contractor should have been used for the garage project and an 8% projected savings would have occurred.  Peter said there was no savings the way the project was handled, but that was only his opinion.

Steve Anthony asked about the Secret Ballot Charter question and wanted to know how each Selectman felt about the wording in the sub paragraph.

                Selectmen Pulsoni, Emery, Harmon, Collomy and Libby all agreed with the intent of the wording of the sub paragraph in the Secret Ballot question.

Steve stated that he felt the question would be good without the sub paragraph.



15.     Executive Session.

        None


  • Adjournment.
Motion made and seconded to adjourn the Meeting at 8:13 p.m.