SELECTMEN’S MEETING

May 10, 2016

5:00pm

 

1.         APPROVAL OF AGENDA:  Moved by Bill Shields, seconded by Ed Walsh, to accept the agenda as presented.  The motion passed 3-0.

 

2.         APPROVAL OF MINUTES OF LAST MEETING:  Moved by Bill Shields, seconded by Ed Walsh, to approve the Minutes of the meeting of May 3, 2016 as written..  The motion passed 3-0. 3.     

   

DEPARTMENT HEAD / COMMITTEE CHAIR UPDATES 

A.        Warrant and Finance Committee:   William Williams reported that all articles submitted by the Selectmen have been reviewed by the Committee.  Four were not approved and there are five that the Committee still has questions about.  Larissa Crockett is working with Michelle Rumney and Jennifer Roux to get more information regarding these articles.

B.         Planning Board Review of Emergency Repair to Structures:  Bob Smith spoke in response to Ted Kryzak’s previous request that the Planning Board review the Zoning Ordinance to determine if a special exception should be included relative to the emergency repair of damage to a structure resulting from an accident or other catastrophe.   Mr. Smith reported that the Ordinance does not directly address this issue but it does dictate that the 2009 International Residential Code (IRC), as adopted by the State of Maine, be followed.   The Code allows for emergency repair of damage to a structure specifically in Section R105.2.1, which reads:

“Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official.  Those emergency repairs may be conducted, but kept to the original footprint of that building.  Upgrades or additions must be dealt with separately.”  Mr. Smith stated that consensus of the Planning Board was that it would be unnecessary to add an emergency permit regulation to the current Ordinance because it is already covered by the state.  If the Selectmen want the Board to further review the Ordinance relative to this issue, it will be on the agenda, however, Mr. Smith reminded the Board that the Ordinance cannot offer less stringent provisions than the State’s Code.  Mr. Kryzak agreed that the State Code adequately addresses the issue.  Jennifer Roux noted that Department Heads communicated well during the accident in question and Ken Paul even offered to be in his office on Sunday to process paperwork. 

C.        Road Commissioner:  David Winchell reported that he is working on the old sand shed.  He and Mrs. Roux will draft a request for a bid on the removal of the old salt shed.

4.         OLD BUSINESS:

A.        Fire Chief Ad:  Jen asked the Board to review the draft ad and advise any changes they may have.  This posting will not include the salary for the position.   The letter that is sent to applicants will be reviewed by the Board of Selectmen. 

B.         Gym Door / Gym Cards:  Mrs. Roux reported that the new door will be installed this week.  She also noted that the price of the door cards has increased to $6.00 each and the minimum order is one hundred cards.   A new system will need to be installed in the new fiscal year so a hundred cards for the last few weeks for the current system is unreasonable.  Consensus of the Board was that Mrs. Roux will proceed for the rest of the year with the cards she has.

C.        MMA Action Plans:  Mrs. Roux reported that the only thing left to do on the list is to turn on the alarm system.   

D.        Abandoned Properties:  The Town’s complain against the remaining property will be heard at the Springvale District Court on Tuesday, May 17th.

E.         Foreclosure Properties:  Ed Walsh noted that he is still waiting for information regarding a possible tower on one of the properties. 

F.         Firefighter/Paramedic:  Mrs. Roux reminded the Board that interviews are scheduled for Thursday.   

G.        Old Sand/Salt Building:  Mrs. Roux reported that the Treasurer has authorized both Road Commissioners to each spend a day with a loader working on the site, the expenditure to come out of their respective budgets.  MMA is anxious to get the building emptied.

H.        Meetings vs. Workshops:  This item was tabled to a meeting when the Fire Chief is present.

5.         NEW BUSINESS:

A.        Personnel Policy:  Mrs. Roux suggested that the use of personal and flex time should be reviewed; possibly considering changing the vacation buy-out option.   The Selectmen will meet with Senior Department Heads to review the Personnel Policy before the Selectmen’s Meeting on May 31st.  Mrs. Roux noted that the two weeks of vacation over the budgeted fifty-two weeks is budgeted in the benefits line of the budget. 

B.         Deputy CEO Scholarship:   Mrs. Roux informed the Board that the Deputy CEO was awarded a $300 scholarship so he will be attending the upcoming training seminar for free.

C.        Warrant Recommendations Art 12 - Art 34:  Article 12:  To see if the Town will vote to make the following changes to the Town of Acton Zoning Ordinance:   Moved by Ed Walsh, seconded by Bill Shields, to recommend Article 12 as written.  The motion passes 3-0.

Article 13:  To see if the Town will vote to make the following changes to the Town of Acton Zoning Ordinance. Moved by Ed Walsh, seconded by Bill Shields, to recommend Article 13 as written.  The motion passes 2-1. (Kryzak opposed)

Article 14:   To see if the Town will authorize the Board of Selectmen to appropriate and expend monies from the Undesignated Fund balance for the purchase of equipment or to be used as they deem advisable to meet unanticipated expenses and emergencies that occur in fiscal year 2016.  Maximum expenditure is $15,000.  Moved by Ed Walsh, seconded by Bill Shields, to recommend Article 14 as written.  The motion passes 3-0.

Article 15:  To see if the Town will authorize the Board of Selectmen to reimburse members of the Acton Fire and Rescue for any national disaster or state of emergency or other emergency situation that exceeds eight hours in duration at the same rates as established by Article 37 to be assigned at the Fire Chief’s discretion.  Fire fighters or rescue members the same as laborers, Fire Chief the same as Road Commissioners, funds to come from the Undesignated Funds balance if the event is not a declared event or the money is not available in the Disaster Relief Fund. Moved by Ed Walsh, seconded by Bill Shields, to recommend Article 15 as written.  The motion passes 3-0.

Article 16:  To see if the Town will authorize the Board of Selectmen to dispose of surplus Town-owned equipment having a value of less than or equal to $500 on such terms and conditions as they deem advisable and to execute any necessary documents to accomplish that purpose.  All equipment having a value of more than $500 shall be put out to public bid.  Funds received from such sales shall be placed in the Capital Reserve Account for the associated Department.  Moved by Ed Walsh, seconded by Bill Shields, to approve Article 16 as written.  The motion passes 3-0.

Article 17:  To see if the Town will vote to put the funds received from the sale of tax acquired property during the year 2016 / 2017 into the Capital Improvement Fund. Moved by Ed Walsh, seconded by Bill Shields, to approve Article 17 as written.  The motion passes 3-0.

Article 18:  To see if the Town will authorize the Board of Selectmen to sell any tax acquired property and to issue a Quit Claim Deed for the same.  Sale to be by sealed bids or public auction to other than the owner of record at the time of foreclosure.  And no selectmen during the term of his or her office shall acquire from the town any interest in real estate acquired by the town on account of non-payment of taxes unless the owner of record at the time of foreclosure was a selectmen or spouse, son, daughter or parent of the selectmen. Moved by Ed Walsh, seconded by Bill Shields, to approve Article 18 as written.  The motion passes 3-0.

Article 19:  To see if the Town will vote to authorize the Board of Selectmen upon request of the Treasurer to allow the Treasurer to waive foreclosure of a tax lien on a specified property for a specified year with reference to the Tax Lien Certificate recorded at the York County Registry of Deeds in circumstances that the Board of Selectmen determine that foreclosure may encumber the town.  Moved by Ed Walsh, seconded by Bill Shields, to approve Article 19 as written.  The motion passes 3-0.

Article 20:  To see if the Town will vote to have the Personn3l Property Tax payment come due in October 14, 2015 and the second payment come due on April 14, 2017.  Moved by Ed Walsh, seconded by Bill Shields, to approve Article 20 as written.  The motion passes 3-0.

Article 21:  To see what interest the Town will vote to charge on all taxes after October 14, 2016 and April 14, 2017.  Maximum rate of interest allowed is seven percent per annum.  Moved by Ed Walsh, seconded by Bill Shields, to approve Article 21 with an interest rate of seven percent.  The motion passes 3-0.

Article 22:  To see if the Town will vote to set the interest rate paid by the Town on abated taxes at a rate of three percent pursuant to 36 MRSA  §506-A.  Moved by Ed Walsh, seconded by Bill Shields, to approve Article 22 with an interest rate of three percent.  The motion passes 3-0.

Article 23:  To see if the Town will vote to authorize the Tax Collector to accept the pre-payment of taxes before the tax commitment.  Moved by Ed Walsh, seconded by Bill Shields, to approve Article 23 as written.  The motion passes 3-0.

Article 24:  To see if the Town will vote to authorize the Board of Selectmen to make application for and to execute any documents relating to any grant or donation, to accept any such grant or donation and any fees and to appropriate any such funds to their designated use so long as they do not require matching funds nor encumber the Town in any way.  The Treasurer shall be notified of any grant applications and a copy shall be kept on file in the Treasurer’s office. Moved by Ed Walsh, seconded by Bill Shields, to approve Article 24 as written.  The motion passes 3-0.

Article 25:  To see if the Town will vote to appropriate all the funds received from the State for snowmobile registrations revenue for local snowmobile clubs for maintaining their snowmobile trails on the condition that those trails are open to the public at no charge.  Moved by Ed Walsh, seconded by Bill Shields, to approve Article 25 as written.  The motion passes 3-0.

Article 26:  To see if the Town will vote to appropriate revenues from MEMA claims in the fiscal year into the Emergency Disaster Reserve Fund.  Said funds are to be utilized at the discretion of the Board of Selectmen to restore budgets of the various departments for expenses incurred during a declared event. Moved by Ed Walsh, seconded by Bill Shields, to approve Article 26 as written.  The motion passes 3-0.

Article 27:  To see if the Town will vote to join the Maine Public Employees’ Retirement System, Maine PERS, as a new participating local district effective July 1, 2016.  Acton votes to offer a regular plan to its regular eligible government employees.  For its firefighters the Town elects to offer a special plan to end.  The Town will vote to authorize the Board of Selectmen to sign the contract between the Town of Acton and the Maine Public Employee’s Retirement System.  The Town elects to exclude part-time employees from the plan.  Full-time is currently defined as twenty-one hours per week on a continuing basis.  The following is a list classes in current employees excluded from Maine Public Employees’ Retirement System and who are currently covered under Social Security:  Volunteer Firefighters being paid stipends; per-diem Fire EMS, Road Department, election workers, seasonal Transfer Station workers.  The Town will allow employees to purchase service rendered until July 1, 2016.  The Town will not participate in the purchase of the prior service.  Employees are responsible for paying for the full liability associated with this service. Moved by Ed Walsh, seconded by Bill Shields, to approve Article 27 as written.  The motion passes 3-0. Discussion:  Ted Kryzak explained that this is a new service requested for Town employees.  This service is offered to employees of the School System.  It has been difficult to retain reliable employees because benefits such as this are not offered by the Town.   He also noted that the Treasurer determined that if the Town votes to enter into this contract, it is not necessary to vote again on the service unless the Town seeks to offer a better plan to its employees.

Article 28:  To see if the Town will raise and appropriate $25,000 for contributions to the Maine Public Employees’ Retirement System; that’s if the Article before passes Maine PERS for July 1, 2016 to June 30, 2017. Moved by Ed Walsh, seconded by Bill Shields, to approve Article 28 as written.  The motion passes 3-0.

Article 29:  To see if the Town will raise and appropriate $763,687 for General Government, Department 102, for wages, operational costs, and employee benefits for the following Departments.  Moved by Ed Walsh, seconded by Bill Shields, to dispense with the reading of the rest of the article.  Motion passes 3-0.  Moved by Ed Walsh, seconded by Bill Shields, to approve Article 29 as written.  The motion passes 3-0.

Article 30:  To see if the Town will raise and appropriate $4,108 for Health and Welfare, Department 103.  This includes $108 for Health Office stipend costs and $4,000 for general assistance. Moved by Ed Walsh, seconded by Bill Shields, to approve Article 30 as written.  The motion passes 3-0.

Article 31:  To see if the Town allow the Selectmen to negotiate the renewal of the contract for Contract Deputy Services provided by the York County Sheriff’s Department in conjunction with the town of Shapleigh for a period of up to four years and to raise and appropriate $46,000 for the contract for the ensuing year.  Moved by Ed Walsh, seconded by Bill Shields, to approve Article 31 as written.  The motion passes 3-0.

Article 32:  To see if the Town will raise and appropriate $763,687 for General Government, Department 102, for wages, operational costs, and employee benefits for the following Departments. 

Discussion:  Ted Kryzak stated that Shapleigh already held their Town Meeting and approved paying for their half of the contract.  There is already money appropriated until January 1, 2017 because it’s a calendar year contract, therefore, if this article passes it would be effective January 1, 2017.  Moved by Ed Walsh, seconded by Bill Shields, to approve Article 29 as written.  The motion passes 3-0.

Article 33:  To see if the Town will raise and appropriate $630,206 for Public Safety, Department 106, to be expended as follows:  Fire and Rescue Department - $588, 163, Street lights - $1700, Animal Control - $9783, Communications - $20,267, EMA Director - $1293 Moved by Ed Walsh, seconded by Bill Shields, to approve Article 33 as written.  The motion passes 3-0. Article 34:  To see if the Town will vote to authorize the Board of Selectmen to hire a full-time Fire / Rescue Chief and negotiate a salary not to exceed $65,000.  The appropriation for this salary is included in the article below. Moved by Ed Walsh, seconded by Bill Shields, to approve Article 32 as written.  The motion passes 3-0.

Article 34:  To see if the Town will vote to appropriate up to $31,000 from the Undesignated Fund for the repair of the Fire Station roof at 1729 Route 109 . Moved by Ed Walsh, seconded by Bill Shields, to approve Article 34 as written.  The motion passes 3-0.

D.        Executive Session if necessary pursuant to MSRA Title 1 Section 405:   Canceled.

6.         OTHER BUSINESS:

7.         PUBLIC COMMENT:

8.         ANNOUCEMENTS:

A.        Absentee Ballots May 14, 2016

B.         Public Hearing May 17, 2016 The Shed 6pm

C.        The Mary Grant Conservation Committee is seeking volunteer members

D.        The Acton Rec Department is seeking volunteer members

9.         MEMBERS PRESENT:   Ted Kryzak, Ed Walsh, Bill Shields

10.       OTHERS PRESENT:   William Williams, David Winchell Jr., Robert Smith, Jennifer Roux, Eric Dawalgna