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Shapleigh Board of Selectmen

Minutes of Meeting – Time 6:00 pm

November 19, 2019

Call to Order

Chairman Michael S. Perro called the meeting to order at 6:00 pm with Jennifer J. Roux and Scott E. Cudworth in attendance.

Karla Bergeron, Town Administrator and Cheryl Drisko, Office Assistant were in attendance.

In Attendance: Ronald Rivard, Adam Bruns, Bill Mageary, Eileen Mageary, Roland Legere, Duffy Gold, Nancy Small, Jeff Goodwin, Aaron Sabine and Darren Rogers.

Pledge of Allegiance was recited.

Approval of minutes from previous meeting:

A motion was made by Jennifer J. Roux to approve minutes of November 12, 2019 as written; seconded by Scott E. Cudworth. No further discussion. Motion carried.

A motion was made by Jennifer J. Roux to approve minutes of discipline hearing on November 1, 2019 with correction; seconded by Scott E. Cudworth. No further discussion. Motion carried.

Correction: History of previous actions made by a previous member of the Board of Selectmen.

Selectmen Jennifer J. Roux asked that all the discipline hearing minutes be placed on the same minute format.

Public Comment:

1. Ronald Rivard, Superintendent of Cemeteries

Mr. Rivard updated the Board on the work done and projects still in progress relating to the cemeteries. His work with the Veteran's cemetery is done on a volunteer basis, not compensated by the Town, fulfilling a commitment to the State commitment. See attached written update.

2. Roland Legere recapped for those present his Board update via email on Goose Pond Channel and meeting with Mr. Green, Maine DEP. The work to be done on Goose Pond Channel is more extensive than first believed. Permitting for this project is classed as a Tier 3 project requiring more involvement with DEP and Island Fisheries and Wildlife, use of more resources and a more extensive permitting process with higher fees. This project will not happen this year; the Board will need to decide if they wish to pursue at the next level. Time line to pursue is a minimum of 5 months and beyond. Mr. Legere is hoping progress can be made to keep the sand out of the channel moving forward. Roland will update Mr. Pearsall of this information. Karla commented that she is waiting on a response from Jen Harris, York County Soil & Water (YCSWD) on costs for associated work, i.e, catch basins.

3. Bill Mageary approached the Board to recommended, with the failure of the Public Safety Administrator position and the $80,000 earmarked to cover that expense, that the Board consider shifting those funds into the Bridge or Capital Improvement accounts. The Capital Improvement Committee is getting ready to go out to bid for an Engineer. This action may alleviate the option to go out to bond. A review of accounts ensued; the Selectmen will continue to review during the budget process. The Selectmen have been speaking with Jen Harris of YCSWD to looking into grant writing for the Town on the Emery Mill Bridge project; proposal should be received by next week. Duffy Gold commented that she and Karla are working on a preliminary draft of the bid package.

Unfinished Business:

1. Emery Mills Dam Invoice

The City of Sanford presented an invoice to the Town of Shapleigh which included the loan for the Emery Mills Dam project in its figures. The Board of Selectmen do not agree on the terms of the payment of this invoice and are going to request from Sanford to provide an invoice based on the Town of Shapleigh's costs only.

It was noted in the minutes from the City of Sanford that Selectmen Perro voted by proxy on this item. Mr. Perro's recollection of the July 30 meeting he was supporting by proxy the concept of moving forward, not an increase of $100,000. Chairman Perro read the minutes out that reflected cost was initially $374,900 and Shapleigh's share would be 25% of that. The additional requested amount reflected on Work Order #3 was not voted on nor incorporated into the minutes.

Chairman Perro read out the front page of the order dated October 11 which gave a guideline of GZA's change order for construct was $69,166. When you consider that plus $304,650 for construction the total is now $373,816. The percentage of Sanford's support is $186,908 and Shapleigh and Acton at $92,454.

During conversations with the Treasurer, it was noted that the work order was produced after the date on the minutes and that this new amount places the town of Shapleigh at a shortfall of $12,000. There is only $81,00 available in the account to cover this invoice. The Treasurer informed the Board that the annual maintenance funds were not available for consideration because 1/2 of the fund has already been paid out and the other half ($7,700) is marked to be paying for invoices to be presented.

The Board of Selection decided to invite the Treasurer to their next budget on December 5th at 8:30 am to discuss and clarify what the number actually are and where the shortfall funds can be accessed in lieu of going to Town meeting in March. Chairman Perro suggested they the Board can even look at the Capital Improvement fund as this is a qualifying project.

Related to this discussion, Chairman Perro also noted that he went to the dam to see the work being undertaken and was pleased to meet and speak with the State Inspector. The work is proceeding according to plan. There was another leak discover and fixed so that it will not be an issue in the future. As a side note, Chairman Perro was also approached by Alex Hammerle who commented that there was a land swap conducted in 2018 before April 1st between the City of Sanford and Gallant; this was not reflected in the Assessing records. Karla will look into this to make sure everything is updated.

2. Revision Energy
Revision Energy is asking the Board if they are interested in placing signage provided by Revision Energy up on premises inside and out. Karla showed the Board an example of the signs being spoken about and this service is free to the Town. Revision Energy is recommending one (1) indoor sign and two (2) outdoor signs. The Board has full decision on whether they want to accept this offer or not. The only thing the Town needs to do is arrange to actually have someone put the signs up. As another service, Revision Energy is writing a letter to be included in the Town Report

3. Budgets

Selectmen Jennifer J. Roux asked what the Board plans on doing regarding the budgets which have not been turned in. The budgets currently missing are: Road Commissioner, South, Community Days, Recreation Committee and Forest Trustees. After a brief discussion, Chairman Michael S. Perro responded that if the Board does not receive budget in time to sanction them or make a recommendation, they will be subject to what the Board puts into effect.

4. Attorney Interviews
Selectmen Jennifer J. Roux asked if there was an update on this item. Karla responded there was no update at this time they are in the process of being scheduled.

5. Fire & Rescue Department Elections
Email was received from a Fire Department potential candidate was just an FYI email.

December 4, 2019 is the date for the Fire & Rescue Departments to hold their elections on who the members want to recommend to the Board to appoint as their Chief of their department. Selectmen Jennifer Roux wanted to make note that she offered to assist with those elections and made herself available to discuss and the offer was not engaged. She asked Karla to communicate that the offer still stands.

Discussion ensue on the timeline of these elections and the receipt of recommendations. The appointments expire December 31st and the Board of Selectmen would like to hold interviews once they know the candidates being presented to review resumes, qualifications and credentials. Once that is done, an executive session will be held to decide who to appoint. .

New Business:

1. R.W. Herrick/Adam to discuss increasing fees per ton for demolition debris/over-size bulky waste
Mr. Adam Bruns, hauler for R.W. Herrick informed the Board that he received a call from Jeff Simpson to notify him that the price to accept demolition debris and over-size bulk waste is increasing from $80 to $95, a $15 per ton increase effective 1 week ago. Discussion ensued on MSW tonnage, collection processes at the Transfer Station, and methods by which the Town can cover these increased costs (fee increase to residents or use of reserve accounts).

Secondly Mr. Bruns asked the Board if they would consider opening a direct account with Simpson so that he no longer is in the middle of the billing and payment process. It will give his office one less item to take care of. The Board agreed that they could accommodate that request. They did ask Mr. Bruns that he email to Karla all the slips the drivers receive from Simpson to be match with the invoices.

Mr. Brun also stated that he placed a 30 yard container at the transfer station to receive tires. Removal of tires is $130 per ton. Generally 50 yards is collected before removed.

One of Mr. Bruns' drivers hit the transfer building with his truck (which they took care of repairing). Mr. Brun recommended to the Board that a concrete pad be placed where containers can be dropped and rolled back into place to prevent that from happening again. The Board will look into that request.

2. Freedom of Information Request
The Bedell's have requested information under the Freedom of Information Act from the Town Hall. Chairman Michael S. Perro read out the Freedom of Information request which incited information be released relating to the culvert issue, ownership layout of Map/Lot 008-006, Owls Nest to Jones Road, the layout from Soubula's property and conclave perpendicular to the Bedell's property. The Road Commissioner, North has been informed of this request. Karla presented to the Board a response letter regarding the Town's policy on performing such requests and the fees incurred to be reviewed and signed.

A motion was made by Jennifer J. Roux to approve and sign the letter as written; seconded by Scott E. Cudworth. No further discussion. Motion carried.

Jeff Goodwin spoke up to let the Board know that he had gone out to the Bedell's residence to perform the work that was agreed upon at a past Board of Selectmen's meeting and the Bedell's put a stop to the work. The Board asked that both Road Commissioners write up the incident to be attached to the records.


1. Planning Board Minutes & Public Hearing Notice

2. Rescue Squad Minutes

3. Proposed Zoning Changes - This item will be presented for the Warrant. The Public Hearing will be held on Tuesday,

December 10, 2019

4. CMP Monthly Summary - Chairman Perro noted that there is 2,000 kwh banked which will be accessed throughout the

coming months

5. Budget Committee Agenda - a short discussion was held on the fact that the Board receives these agendas in an untimely manner.

6. CEO Notice of Violation Letter

7. Notice of Town of Shapleigh vs. Michael Deshaies


1. Warrants

Any other business that the Chairman may wish to bring before the meeting:


Adjourn –Motion made by Jennifer J. Roux to adjourn at 7:10 pm; seconded by Scott E. Cudworth. Motion passed unanimously.

These minutes are not verbatim. Cheryl L. Drisko, Office Assistant