Town of Otisfield
Board of Selectmen Meeting Minutes
June 17, 2015
1. CALL TO ORDER: The regular meeting was called to order at 7:00 PM. Chairman; Hal Ferguson, Rick Micklon & Lenny Adler present.
2. FLAG SALUTE: Audience and Board members saluted the flag.
3. ACTION ON MINUTES:
A. Meeting minutes from June 3, 2015. *Motion to accept minutes. RM/LA – Unanimous.
4. SPECIAL EVENTS:
A. None.
5. COMMITTEE REPORTS:
A. Ordinance Policy Review Committee: Members Joseph Zilinsky and Tanya Taft’s term expires 6/2015. TT spoke to Joseph Zilinksy and he is willing to renew his term. *Motion to renew Joseph Zilinsky’s term for a (5) year period ending 06/2020. HF/RM – Unanimous. Tanya Taft is willing to renew her term for a (3) year term. *Motion to renew Tanya Taft’s term for a (3) year period ending 06/2018. HF/RM – Unanimous. TT will update web site.
B. Board of Appeals: Members Anne Pastore and Marianne Izzo-Morrin’s term expires 06/2015. TT spoke to Anne Pastore and she is willing to renew her term. *Motion to renew Anne Pastore’s term for a (5) year period ending 06/2020. HF/RM – Unanimous. MIM will let the Board know by Town Meeting.
C. Conservation Committee: Lee Dassler’s 3 year term expires 06/30/2015. Waiting to hear back from Lee.
D. Finance Committee: Members Dan Peaco, Hal Ferguson and Quentin Henderson’s term expires 06/30/2015. TT spoke to Quenton Henderson and he is willing to renew his term. *Motion to renew Quenton Henderson’s term for a (5) year period ending 06/2020. HF/RM – Unanimous. *Motion to renew Danny Peaco’s term for a (5) year period ending 06/2020. HF/RM – Unanimous. *Motion to renew Hal Ferguson’s term for a (5) year period ending 06/2020. LA/RM – Unanimous.
E. Planning Board: Members Karen Turino and David McVety’s term expires 06/30/2015. TT spoke to Karen Turino & David McVety and they are willing to renew their terms. *Motion to renew Karen Turino’s term for a (5) year period ending 06/2020. HF/RM – Unanimous. *Motion to renew David McVety’s term for a (5) year period ending 06/2020. HF/RM – Unanimous.
G. Scholarship Committee: Member Kemsen Bourque’s term expires 06/30/2015. RM spoke to Kemsen and she is willing to renew her term. *Motion to renew Kemsen Bourque’s term for a (5) year period ending 06/2020. HF/RM – Unanimous.
6. DEPARTMENT HEADS:
A. None.
7. QUESTIONS/COMMENTS FROM THE PUBLIC:
A. Heniger Park Resident: Mr. John Sullivan, Lot 3. Lease transferred to his name in April. The BOS gave him a two week extension and he didn’t take it because he was given bad advice. He would prefer to sign the 99 year lease rather than ride out the 2040 lease. Here tonight asking the BOS if they can extend the 99 year lease to him. LA: I feel the time has passed, and I don’t think we should extend it; otherwise we would have to do it for all. RM: As Selectmen, we all have our own opinions regarding deadlines and flexibility. I would lean towards extending the 99 year leases. As an elected Tax Collector, I have no problem granting your request tonight or even others that might request an extension in the near future. I’d like to see this Board allow Mr. Sullivan and others come forward and sign these leases
and collect the taxes and lease payments to be used to offset Otisfield taxes. *Motion that we sign lot 3 for a 99 year lease extension. RM/LA. Discussion – HF: I can’t support that. I’m afraid that the ship has sailed. I think there may be more taxes and lease amounts that could result in us staying the course. As we’ve seen in the case of lot 4, these leases have additional value and that is a form of income for the Town. LA: The H.P. committee spent a lot of time on this. We’ve spent a lot of time on this and the Town has spent a lot of money on this and I feel enough is enough. HF: Mixed feelings, but I agree w/ LA, fair is fair. It’s time to move on. Vote on RM’s motion: (1) for (RM), (2) opposed (LA/HF). *Motion failed.
B. David Hyer: List of Finance Committee (FC) questions submitted into public record. David would like to know at what point does the FC recommend increasing the road budget if it feels Richard’s is obviously too low. HF: The FC relies on what Richard Bean, Sr. would like to do. He is the Road Commissioner. HF: Any increases in the past has happened because the committee has recommended it. David feels the FC should be doing their due diligence and looking more closely at the numbers since it continues to be over budget. I feel the committee needs to ask questions. HF: The FC knew it was going to be a tough year and we had to put a few items on hold, such as the Community Hall improvements that would bring it into a “shelter status”. (range exhaust/fire suppression and shower). David: Please explain the
assessors overlay. LA: This is the amount of money up to the 5% that is set by the Assessors. It’s the BOS’s decision as to what % is used, from zero to the 5% limit. It’s not reviewed or voted on by the FC. Unused amounts, after any abatements, goes into Undesignated Surplus in hopes to cushion another year. David: Do you know how much of this years’ overlay is being used for abatements? LA: I couldn’t tell you that until after Town Meeting and Marianne has the final numbers and abatement requests. RM: Do you find an advantage to have the Finance Committee reviewing this? David: Yes, because options would be discussed. Karen Turino: What is the Assessors Overlay? LA: Amount of money between 0 and 5% of the total appropriation. Set by the Assessors. For example if we raised $100K, the assessors overlay could be anywhere between 0 - $5,000. The overlay was to make it an even number for the mill rate rather than a number in the decimals. David: I think the Road
Committees numbers are badly misinterpreted. They are totaled incorrectly. We don’t do the bond and the appropriation together, yet it is made to look like we do. LA: Your intent is not to do them both, but we may. The voters decide on that at town meeting. Both numbers need to be there just in case. Herb Olsen: I don’t understand why with today’s technology, we went into a Public Hearing on the budget w/ 3 separate pieces of paper. BOS, all agree, they did not realize the paperwork would be different. HF: There were 2 different sheets, but the information was different then what the committee had and that is what caused the confusion. LA: We hope that doesn’t happen again. HF: In the future, only “changed” items will be reviewed so it creates less confusion. David: So in the future to prevent confusion, maybe you shouldn’t include a bottom number? Don’t blame the Road Committee for the confusion the FC created. HF: 2 members of the Road Committee are on the Finance
Committee, so I don’t know what to say. I have full respect for both members, but we still had confusion. Diana Olsen: I agree, I feel a lot of people left that meeting looking at the bottom line and that was not the number to focus on. I feel it was misrepresented and confusing. LA: This was a unique year and this has not happened in 25 years. Herb Olsen: Do you have the actual warrant for the town meeting and when will it be available? MIM: It will be available Friday and posted on the Web Site.
C. Kristen Roy: Presented a large (4-5”) binder into public record. Says its additional request for answers and her evidence to prove the town is heading into a libelous situation once again due to the proposed cell tower ordinance being presented to the voters. Requesting you answer my specific questions that I asked AVCOG’s John Maloney regarding his approval and recommendations of this proposed ordinance and its relationship with the Comp. Plan. HF: His argument along w/ our Town attorney is that the Comprehensive Plan is a recommended guideline. It’s not an Ordinance, just a guide. Kristen: He still didn’t answer my questions. RM: We all feel he did answer your questions. HF: I will put your information into public record. My personal opinion is I have no interest in
exercising the Town Attorney at so much an hour any longer. RM: If John Mahoney at AVCOG, the man who assists towns throughout Maine in this exact thing, says it’s not applicable, we have to agree with him. You think his interpretation is wrong? Kristen: Yes, I feel he is wrong. In terms of what I am asking, yes. He definitely misunderstood what I was saying. RM: All 3 times you’ve asked us to go to legal, we have and all 3 times they have said you were wrong. We have an attorney answering legal questions from a non-attorney. You’re quoting State statues and Maine court rulings that have nothing to do with this issue and this has to stop. I think you should get an Attorney and if they think we’re wrong then they can contact us. RM: I would be willing to take the red highlighted info to john Maloney and see if he will address it again, he will not charge as much as our Town Attorney, but if he says you are wrong, you are wrong and can we agree to let it stop? Kristen:
Yes I can agree to that. RM: Again, you are advised to get an attorney to talk to our attorney but no more review from out legal counsel. LA: The guy we hired specializes in exactly this and John Maloney knows about as much about this as anyone. HF and LA are done spending town money to answer the same items over and over again. RM offered to take it to John Maloney and it is accepted into public record, but it is not going to legal counsel. RM will ask AVCOG to review her questions in red. Kristen Roy will be done w/ it, regardless of what comes back. HF: Our legal counsel has said we have done everything by the numbers.
8. ADMINISTRATIVE ASSISTANT ITEMS:
A. Heniger Park Lot 4B Fourth & Final Lease Extension for Peter and Randal Harrison. *Motion to sign the extension. LA/HF – Unanimous.
B. Application for Hurricanes Café & Deli from Greene, ME catering Brett Wedding on June 27th. *Motion to sign the permit application. LA/RM – Unanimous.
C. Letter of Appreciation from OHCHS for Fire Chief Kyle Jordan and EMS Chief Beth Damon. A copy will be posted on the bulletin board and at the Fire Station.
D. Casco Bulky Waste: A letter was received from Casco employee Eric Hanson, Casco Bulky Waste, regarding a problem they had with an Otisfield Resident; Gordon Chamberlain on 5.21.15. His actions were so extreme that the employees felt threatened. Foul language was used and he was advised not to return for (6) months. He may return on 11.21.15. BOS agree this sort of conduct is not acceptable. Kristen Roy: Why would you not discuss this in executive session? HF: It is not an employee issue. He does not work for the town. Kristen: Maybe it should not have been said in public? RM: It is not a personal issue. The same person who wrote the letter could have come in and discussed it in public. This is not something we would discuss in executive session and it is a matter of public record. This matter is between
the town of Casco and Mr. Chamberlain as it pertains to a matter outside the authority of the town of Otisfield.
9. ADJUSTMENTS TO AGENDA
A. None.
10. UNFINISHED BUSINESS
A. Board of Selectmen Meeting Agenda’s: HF provided a copy of a template to be used in the future. All agree.
11. SELECTMEN’S ITEMS TO BE DISCUSSED & VOTED ON
A. Town Warrant: *Motion to sign Warrant # 23 to pay the town bills. LA/RM - Unanimous.
B. Town Meeting Warrant: *Motion to sign Warrant for Town Meeting. LA/RM - Unanimous.
C. Heniger Park Beaches: *Motion that we sign a contract with Off Road Construction, Inc. for $4,990.00 to bring both beaches up to town specs.
12. QUESTIONS OR COMMENTS FROM THE BOARD
A. Job Descriptions have been signed by HF. RM will sign after meeting
B. Heniger Park Lot 4 – Bid received from Linda Cleary at last meeting for $57,500.00. Mrs. Cleary has been contacted and she will be putting a check in the mail. She was approached by some Heniger Park residents and told she should not have bid that much money.
13. EXECUTIVE SESSION:
A. *Motion to enter into executive session pursuant to 1 M.R.S.A. § 405(6) (A) to review Administrative Assistant Applications at 8:30 PM. HF/LA – Unanimous. *Motion to close executive session at 9:17 PM. LA/HF – Unanimous.
B. Discussion: Of the twelve applications received the field was narrowed to four. These four will be requested to attend a meeting with selectmen on July 8 or 9 for a face to face interview.
14. ADJOURNMENT. *Motion to adjourn at 9:20 PM. LA/RM-Unanimous.
Respectfully submitted,
Tanya Taft, Secretary
Approved by:
Hal Ferguson, Chairman __________________________________________
Rick Micklon __________________________________________
Lenny Adler __________________________________________
Approved on July 15, 2015
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