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Board of Selectmen-01/02/2007
Poland Board of Selectmen
Minutes of Meeting
January 2, 2007

CALL TO ORDER
Chairman Sandra Knowles called the meeting to order at 7:00PM with Selectmen Reginald Jordan, Lionel C. Ferland, Jr., Wendy Sanborn and Erland Torrey present.
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Also present were Town Manager, Richard Chick, Assistant Town Manager Rosemary Roy, Richard Fraser, Nancy Fraser, Walter Gallagher, Joe Cimino, Fred Jordan and Jim Porter.

Minutes of Previous Meeting
Not yet available.

Reports and Communications

Assistant Town Manager’s Report – Vacation/No report.

Town Manager’s Report – Contained within Agenda Outline/no action taken.

Financial
A copy of attorney Peter Garcia’s explanation of the increased cost of legal services to support the Poland Spring Water Main Extension is included in the information packets.  The total bill includes two components:  Normal bond issue costs capped at $5,250.00, and $6,073.00 in extraordinary costs related to resolving the issue of tax exempt status raised by the bond underwriters tax counsel. Amending the water line extension agreement to remove the offending language, and replacing it with language providing the same level of protection to Poland ultimately solved the exemption question, and allows the underwriter’s tax counsel to confirm the issue’s tax-exempt status.

It was further stated by the Town Manager, that this was an expensive issue due to the additional work required to maintain the tax exempt status, and the Town comes out ahead over the life of the bond by benefiting from the lower (approximately 2%) interest cost of the debt.  

Finance Director’s Report
Three accounts were questioned and need to be looked into, and it was requested to see the library’s activity on future reports.  No action taken.

Review Bills Payable/Monthly Warrants
Selectman Ferland moved to approve the bills payable from December 26, 2006 through January 2, 2007in the amount of $793,432.25.  Selectman Torrey seconded the motion.  Discussion:  Selectman Sanborn expressed that she still has concerns over the attorney’s fees for the water line bond.  
Vote:  4-yes 1-no (Selectman Sanborn voted in the negative)

Selectman Ferland moved to approve the A. B. Ricker Memorial Library Treasurer’s Warrant in the amount of  $11360.39.  Selectman Torrey seconded the motion.  Discussion:  None.
Vote:  5-yes 0-no

Communications
The following materials were included in the meeting packets:
·       Auburn Water & Sewer Districts 2007 Rate Notices.
·       Poland Spring Bottling – Community Environmental; Meeting 1/9/07.  

OLD BUSINESS

Assistant Code Enforcement Position Vacancy
The Town Manager requested that the Board revisit its decision to not refill the Assistant Code Enforcement Officer Position immediately.   His view is that the Board does not have the luxury of taking a wait and see position here before acting to refill if it expects the entire Town Office to operate in an efficient manner going forward.

The Town Manager documented the following facts the Board should consider:

q       The position is warranted on the basis of the CEO being able to respond to required inspections when needed, while maintaining adequate office coverage for public contact alone.  Even though new permit activity may be down currently, this is only a temporary phenomenon. Additionally, the current workload has not decreased by half a person.  The fact Poland has shore land jurisdiction on 6 lakes creates a major exposure to Shore land Zoning Issues, and is a major workload multiplier.
 
q       The CEO Office also supplies significant support to the Planning Board.

q       Based on past experience with only one person available in the Code Enforcement Office, the Town Manager expects to return to dealing with tangential land use and code issues during those times the CEO is out of the office or unavailable, and there is no one else available to deal with a question. More often than not the individual making the inquiry believes they absolutely have to have an answer to their question, or some action, RIGHT THEN, and they don’t want to hear that the CEO is unavailable to assist because he is out doing required inspections.
q       The potential pool of qualified Assistant CEO Candidates is thin.  There are not a lot of credentialed candidates seeking part time positions these days.  This is not going to be an easy position to fill.

q       If the Board is concerned about the incremental cost of the position in the CEO Budget the Board has the ability to offset most if not all of the cost by adjusting the Town’s building related fees to cover the cost of the service.  Letting the segment of the pubic requiring the service pay for that service they require and keeping the cost out of the tax rate sounds like a great idea.

Also included in the Board’s packet was an analysis prepared by CEO Dunlap addressing his need for the position.

Selectman Ferland stated that it was not his intention to eliminate the position permanently, but to take advantage to save the town some money.  Selectman Jordan stated that the Board should review the issue at the end of the month.  Selectman Torrey stated that there is a possibility the position may not be approved for 2008 and that if the position were filled for the remainder of 2007, that individual’s employment would have to be terminated.  Selectman Ferland moved to revisit the issue at the February 6, 2007 meeting.  Selectman Jordan seconded the motion.  Discussion:  None.
Vote:  4-yes 1-no (Selectman Sanborn voted in the negative.)

New Business

Hackett Fund Lucent Technology Stock Shares
The Town currently owns 64 shares of Lucent Technology stock (16 in certificate form and 48 book entry shares) as part of the Hackett Fund Principal.  Alcatel, a French telecommunications equipment firm, recently purchased Lucent Technology.  The combined firm, Alcatel Lucent is now listed on the NYSE as a depository receipt currently paying no dividend.

The Town needs to convert its Lucent Shares to the new company, Alcatel Lucent. Surrendering any Lucent Technology Stock Certificates held does this.  The book entry shares will be converted automatically.  The exchange rate is each Lucent share is worth .1952 share of the new combined company.  After the exchange the Town will be the proud owner of 12 shares of the new company plus cash for a .4928 fractional share.  

Selectman Ferland moved to convert the Town’s new Alcatel Lucent stock and authorize the Town Manager to liquidate the Town’s position in Alcatel Lucent (all 12 shares) via an odd lot repurchase program, and invest the proceeds in a bank certificate of deposit for the Hackett Fund.  Selectman Jordan seconded the motion.  Discussion:  None.
Vote:  5-yes 0-no

Tax Abatements and Supplemental Tax Assessments

Selectman Torrey moved to grant the tax abatements for Nester Beckwith Jr., Account #368 in the amount of 87.23, and Charles Dow, account #87 in the amount of $203.32 for the FYE 2007.  Selectman Jordan seconded the motion.  Discussion:  None.
Vote:  5-yes 0-no

Selectman Ferland moved to authorize tax supplementals be issued to Brian Merrill, map 5, lot 14D in the amount of $432.39, and Byron Strout, map 10, lot 22 in the amount of $1,348.70 for the FYE 2007.  Selectman Torrey seconded the motion.  Discussion:  None.
Vote:  5-yes 0-no

Recognition of Visitors
Residents Walter Gallagher and Jim Porter expressed their concerns to the Board over the legal charges for the service discussed earlier in the meeting regarding the preparation and completion of the waterline bond.

Resident Joe Cimino stated to the Board his feelings regarding whether or not the Ricker Road project should be paid with TIF funds or general funds.

Public Water System Extension Policy
The Town Manager requested that the Board discuss developing a policy concerning public utility extensions (water or sewer) in two instances.

1.      As an economic development tool or incentive.  For example, would it make sense for the Town to “front load” the cost of extending public water (Mechanic Falls Water Department) service in the Downtown Village TIF District from the current end of pipe at the high school driveway to the area of Tripp Lake Road as an inducement to future development in that area.  The proposed source of funding for this would be debt issuance paid for by an allocation from the Poland Spring Bottling TIF District as an economic development project.
2.      As a means of addressing a public health or safety need as in the case of Range Pond Apartments or Crestwood Acres.  This assumes grant or outside funds are available to cover extension costs, with the possible exception of meeting a local match requirement.  In the case of the requested Rt. 122 extensions the thought is to use a portion of the unexpended balance for the current project to meet the anticipated 25% match requirement, an estimated 35,000.00.

The Board discussed the possible options available in direct reference to the Range Pond Apartments and concluded that if the state office inquires again as to the water quality, that the State should be asked to supply the funds to make the necessary repairs/changes to improve the water quality.    No action or further discussion took place on a possible Public Water Extension Policy.

Any Other Business
Miscellaneous topics were briefly discussed.  Resident George Sanborn commented on the operations of the Gray public works department in relation to Poland’s.

Adjourn
Selectman Torrey moved to adjourn at 9:05pm.  Selectman Jordan seconded the motion.  Discussion:  None.
Vote:  5-yes 0-no

Recorded by:  Rosemary E. Roy







Board of Selectmen



     ________________________________                 ________________________________
     Sandra T. Knowles, Chairman                       Erland M. Torrey, Vice Chairman


     ________________________________                 ________________________________
     Reginald D. Jordan                                         Wendy S. Sanborn


     ________________________________
     Lionel C. Ferland, Jr.