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TOWN COUNCIL

MEETING MINUTES

october 5, 2021

Normand Albert 2021

Kasie Kolbe 2021

Allen Ward 2021

 Mark Lunt 2022

Donald Fellows 2022

Gregg Garrison (appt to 12/7/21) 2022

Fern Larochelle 2023

 

 

CALL TO ORDER.  The Chairman, Allen Ward, called the meeting to order and led the pledge of allegiance to the flag at 7:00 PM.

 

ROLL CALL.  Members present were Councilors Ward, Albert, Lunt, Larochelle and Fellows.  Also present were Diane Barnes, Town Manager; Randy Cyr, Public Works Director; Brett Richardson, Economic & Community Development Director; Steve Aievoli, Sewer Superintendent; and no other citizens in the audience.

 

VOTE (2021-207) Councilor Larochelle, seconded by Councilor Albert moved to excuse Councilor Kolbe’s absence.  Order passed – Vote 5-0. 

 

Councilor Ward said Councilor Garrison may be a little late.  (Councilor Garrison was absent)

 

GOOD NEWS & RECOGNITION

 

Councilor Larochelle thanked everyone who helped out with the Employee Appreciation Day at the Left Hand Club.  He said it was a great venue and a nice event.  Something the town can build upon.  Councilor Fellows also agreed with thanking those who helped put it on and improving on with time.     

 

PUBLIC HEARINGS - NONE

AUDIENCE PARTICIPATION & RESPONSE FOR AGENDA ITEMS - NONE

 

CONSENT AGENDA

 

VOTE (2021-208) Councilor Fellows, seconded by Councilor Larochelle moved to approve the consent items as follows:   

 

A.    Municipal Accounts Payable Warrants totaling $ 205,500.10

B.     Municipal Payroll Warrants totaling $

C.     School Accounts Payable Warrants totaling $

D.    School Payroll Warrants totaling $  $403,962.12

E.     Minutes for September 21, 2021

 

Order passed - Vote 5-0.

 

COUNCIL ORDERS, RESOLUTIONS, & ORDINANCES

 

MDOT ROUTE 125 PROJECT - JUST PAYMENT ACCEPTANCE

 

VOTE (2021-209) Councilor Larochelle, seconded by Councilor Fellows moved to approve the offer of Just Compensation and authorize the Town Manager to sign and return the Owner’s Offer Assent.  Order passed - Vote 5-0.

 

Worumbo mill project – public input plan

 

INTRODUCTION:  Mr. Richardson reported additional public input is necessary to develop community consensus regarding future redevelopment goals for the former Worumbo Mill site.  During the September 22 Lisbon Development Committee’s (LDC) meeting, LDC members and staff publicly reviewed the attached Worumbo Project Public Input Plan.  The LDC solicited community comments and feedback to ensure the proposed plan is appropriate and adequate to solicit necessary additional community input. 

 

Mr. Richardson explained the input plan was distributed in advance of the meeting to ensure ample opportunity for the community to offer meaningful feedback and suggestions to maximize stakeholder participation. He said there was a good turnout for that meeting.  The proposed input plan is designed to be integrated with findings from the Lisbon Market Analysis.  Findings from the market analysis developed by TCG will add important objective data and understandings to the Lisbon community’s ongoing deliberations regarding the Worumbo site.  Findings developed by TCG will be shared with the Lisbon community and Town policy makers at important milestones during the market analysis research.  Following the presentation of findings by TCG during two community presentations, LDC will solicit further input via surveys. 

 

Mr. Richardson said the surveys referenced in the attached input plan will be broadly promoted to the Lisbon community to ensure ample opportunity for participation.  Survey promotion will include:

 

Public meetings when TCG will present findings

Local media

Town and stakeholder social media

A direct mailer to all Town residents promoting the public input plan and opportunities to participate

A dedicated website specific to the Worumbo visioning process where stakeholders can easily access information about the site, research findings, and conceptual development scenarios

Promotional materials posted around Town, including flyers, signs, and posters

 

Mr. Richardson said the estimated cost for the direct mailer, dedicated website, and promotional materials will be around $3,000.  These items are eligible uses from the Downtown TIF funds under professional services and administrative costs.

 

VOTE (2021-210) Councilor Larochelle, seconded by Councilor Fellows moved to approve the proposed Worumbo Project Public Input Plan and allocate $3,000 from the Downtown TIF fund for the direct mailer, dedicated website, and promotional materials to maximize community awareness and participation.  Order passed - Vote 5-0.

 

Forklift Bid Award

 

INTRODUCTION:  Mr. Cyr reported Bid 2021-008 was for one (1) new Forklift for the Solid Waste Department.  Bids were solicited from four (4) different companies, and publicly opened with Randy Cyr, Public Works Director; Ray Soucy, PW Admin; Erich Mitchell, Alta and Tom Olko from WD Matthews present.  All bids received have Forklift price and additional price for all other option requested i.e. Cab, Heater, and AC.  The following bids were received and reviewed:

 

Alta:

 

Unit & Options

Costs

Forklift With No Cab

$31,825.00

Trade In

-$5,100

Total

$26,725.00

 

Unit & Options

Costs

Forklift With Cab & Heater

$37,057.00

Trade In

-$5,100

Total

$31,957.00

 

Unit & Options

Costs

Forklift With Cab, Heater & Ac

$48,898.00

Trade In

-$5,100

Total

$43,798.00

 

Butch Craig & Son:

 

Unit & Options

Costs

Forklift With Cab Only

$25,195.00

Cab & Heater

$995.00

Trade In

-$4,000

Total

$22,190.00

 

WD Matthews:

 

Unit & Options

Costs

Forklift With No Cab

$28,300.00

Full Cab

$5,974.00

Cabin Heater

$597.00

Block Heater

$250.00

Trade In

-$4,300

Total

$30,821.00

 

Mr. Cyr explained the Budget to purchase the forklift was $35,000.  He recommended awarding the bid for the Forklift in the amount of $30,821 from WD Matthews with the trade in. The total cost for the Forklift from WD Matthews with all the options is $35,121, which is over budget.  However, we will also receive a trade in value for our current Forklift in the amount of $4,300, bringing that total price for the unit to $30,821, which is under budget.  He said, although not the lowest bid, he recommended awarding the bid to WD Matthews because this machine has all the options we requested and meets our operational needs.  He pointed out he requested a Forklift with Oil-Cooled Disk Brakes because they work better in cold weather and are overall lower maintenance.  He indicated Butch Craig & Son submitted their bid with a Drum Brake system and indicated they could not get one with the Oil-Cooled Brake system as requested. 

 

VOTE (2021-211) Councilor Larochelle, seconded by Councilor Fellows moved to purchase one (1) Forklift with trade in from WD Matthews in an amount not to exceed $30,821.00.  Order passed - Vote 5-0.

 

Police Cruiser Bid Award 

 

INTRODUCTION:  Chief McGee reported the bid process to purchase two new 2022 Ford Interceptor Utilities with a 2014 Ford Interceptor trade in with over 100,000 miles closed on Wednesday, September 29, 2021. Bids were requested from the following Ford dealerships:

 

 

1. Hight Ford

2. Casco Bay Ford

3. Tucker Ford

4. Darling's

5.   Quirk Ford

6.   Rowe Auburn

7. Stoneham Motor Co

8.   Yankee Ford Sales

 

 

Chief McGee said the town received bids from the following companies only (both meet required specs):

 

2021 Quotes:

Quirk Ford - $63,034.76   ($33,587.38 x2 $67,194.76 minus trade $4,160)

Casco Bay Ford $61,506   ($33,003 x2 $66,006 minus trade $4,500)

 

The Police Chief recommended the Council move forward with the 2014 trade in and purchase for two 2022 Ford Interceptors Utilities through Casco Bay Ford totaling $61,506.  As of this date the expected time frame for delivery will be approximately four months out.  

 

VOTE (2021-212) Councilor Fellows, seconded by Councilor Lunt moved to purchase two 2022 Ford Interceptors with the 2014 Ford Interceptor trade in through Casco Bay Ford in an amount not to exceed $61,506.  Order passed - Vote 5-0.

 

SOLICIT BIDS FOR 3 RETURN ACTIVATED SLUDGE (RAS) PUMPS

& 2 COMPOSITE SAMPLERS FOR SEWER TREATMENT PLANT

 

INTRODUCTION:  Mr. Aievoli reported in this year’s Capital Improvement Plan, the Council approved the replacement of three Return Activated Sludge (RAS) pumps in the dewatering building and two Influent & Effluent Composite Samplers.

 

Mr. Aievoli indicated the RAS pumps bid would include an alternate estimate for installation of the pumps in case the pumps are not direct replacements. Any pump that is not a direct replacement would most likely require extensive electrical, concrete, and piping rework during the installations that our departments are not able to provide.  Recent estimates for direct replacement pumps were approximately $20,000 each delivered. $70,000 was budgeted in the improvements line for the replacement of these pumps.  The two Composite Samplers would be a standard RFP purchase. Each sampler is estimated to cost approximately $7,000.  $15,000 was budgeted in the improvements line for the replacement of these samplers. When approved, these bid specifications would be finalized and ready to go out late October or early November.

 

VOTE (2021-213) Councilor Larochelle, seconded by Councilor Albert moved to authorize the Town Manager and Sewer Treatment Plant Superintendent permission to send out Requests for Proposals for three RAS pumps and two Composite Samplers.  Order passed - Vote 5-0.

 

AMEND APPENDIX C - FEE SCHEDULE

 ADDING FREEDOM OF ACCESS COPY FEE

 

VOTE (2021-214) Councilor Larochelle, seconded by Councilor Fellows moved to add a fee for copies for FOA requests as follows: 

LISBON CODE – PART 2,

APPENDIX C - FEE SCHEDULE

 

Section
this Code

Description

Fee/Rate

ADMINISTRATIVE

 

 

Faxes

2.00

 

One-sided copies

.50

 

Two-sided copies

.75

 

Ledger copies

1.50

 

Attested copy of voter registration card

7.00

 

Copies for FOA requests

.10

 

Copies of zoning ordinance

10.00

 

Roll Call Vote:  Yeas – Albert, Lunt, Larochelle, Ward, and Fellows.  Nays - None.  Order passed - Vote 5-0.

 

ADOPT MAINEPERS PROVISION 5 M.R.S. §18252 - C

RULE CHAPTER 803

(PL 2021, CHAPTER 286)

 

INTRODUCTION:  Mrs. Barnes explained that under the Maine PERS one-time election requirement, an election to join or not to join Maine PERS by an employee with optional membership was irreversible as long as the employee is with the same employer.  PL 2021, c. 286 creates an exception to the one-time election requirement that does not conflict with federal law.  It allows employees to change their election after the initial option, providing that for the employee joining under this provision the employee contributions are taxable.  This means that if adopted the Town will withhold employee contributions as pre-tax or after-tax, depending on how the employee entered the plan. 

 

Mrs. Barnes said the new law becomes a part of the Town’s plan only if adopted through a formal action of the Town Council.  The provisions of the law permits any PLD employee who declined membership in the Plan to have another opportunity to join the Plan effective November 1, 2021.  This date will be the only available date for an employee of more than 5 years to enter the Plan.  It also allows PLD employees to have an annual open enrollment opportunity during their first 5 years of employment beginning in 2022.  Both types of enrollment require the employee contributions to be deducted after-tax. 

 

Mrs. Barnes pointed out there is no provision that allows employees who join under this provision to purchase service credit for the period that they elected not to participate.  We currently have 8 employees who would be eligible to elect to join under this change.  The employees could elect at any time to contribute to our alternate plan at the same Maine PERS rates and receive the same Town match, so allowing them this option doesn’t add any liability to the Town.

 

VOTE (2021-215) Councilor Ward, seconded by Councilor Fellows moved to adopt MainePERS Provision 5 M.R.S. §18252-C Rule Chapter 803 (PL 2021, Chapter 286) and authorize Diane Barnes, Town Manager, to sign the Amended Agreement between the Employer and the Maine Public Employees Retirement System.

 

ARTICLE TO ADOPT MAINEPERS RULE CHANGES

 

To see if the Town of Lisbon will vote to adopt the provisions of 5 M.R.S. § 18252-C (PL 2021, Chapter 286) as allowed by Maine PERS Rule Chapter 803.

 

The TOWN OF LISBON agrees:

 

1) To adopt the provisions of 5 M.R.S. § 18252-C as enacted by PL 2021, Chapter 286 as allowed by Maine PERS Rule Chapter 803 for its non-participating employees with optional membership who previously declined to participate in Maine PERS (“eligible employees”) and to comply with the following requirements:

 

a. To offer by November 1, 2021 the opportunity to join Maine PERS prospectively to all its eligible employees who have been employed for 5 years or more, to advise these employees that this will be their only opportunity to join, and to provide Maine PERS with documentation of each eligible employee’s election; and

b. Beginning in 2022, to annually offer eligible employees who have been employed for less than 5 years, and in 2022 eligible employees who had reached 5 years of employment between November 1, 2021 and November 1, 2022 the opportunity to join Maine PERS on a prospective basis during an open enrollment period from September 1st through November 1st and to provide Maine PERS with documentation of each election made by the eligible employees under this provision; and

c. To withhold employee contributions for employees who join under this provision after all taxes have been withheld, and to remit them to Maine PERS as after-tax contributions.

2) To authorize Diane Barnes, Town Manager, to sign the Amended Agreement between the Employer and the Maine Public Employees Retirement System.

 

Order passed - Vote 5-0.

 

AMEND PART 1, CHAPTER 12,

SECTION 12-3. ETHICS PANEL

(First Reading)

 

INTRODUCTION:  Councilor Fellows said this change was prompted by the Council’s appointment recently for an individual who serves already on another board/committee.  People who serve often serve on more than one board and committee so this change would increase the number of individuals eligible to volunteer, while still prohibiting paid board and committee members from serving.   

  

VOTE (2021-216) Councilor Fellows, seconded by Councilor Lunt moved to Amend Part 1, Chapter 12, Section 12-3. Ethics Panel as follows:

Sec. 12-3. Ethics panel.

(a) Establishment of ethics panel. There shall be established an ethics panel consisting of three regular voting members and two alternate members. Two regular voting members and one alternate member of the ethics panel shall be appointed by the town council, and one regular voting member and one alternate member of the ethics panel shall be appointed by the school committee. A regular voting member or alternate member of the ethics panel may not hold any other town or school department office or position or be a member of any board or commission for which members receive compensation for their service and to which the town council or school committee have appointing authority.  If a member of the ethics panel serves on any other Town board or commission, the member shall refrain from participation in any ethics panel matter that relates to the other Town board or commission on which the member serves.    

(b) Term. The regular voting members of the ethics panel shall be appointed to staggered three-year terms. When the first appointments are made, one member shall be appointed by the council to a three-year term, one member shall be appointed by the school committee to a two-year term, and one member shall be appointed by the council to a one-year term. The town council chair annually shall appoint one of the regular voting members to serve as chair of the ethics panel. Alternate members shall be appointed to three-year terms.

(c) Role of alternate members. Alternate members of the ethics panel may participate and vote in ethics panel proceedings if a regular voting member is incapable or unavailable to serve in regard to a particular referral or is disqualified from participation because of a conflict of interest. The alternate member designated shall be selected by the chair of the ethics panel.

(d) Powers and duties. The ethics panel shall have the authority to issue advisory opinions on questions relating to conflicts of interest.

Roll Call Vote:  Yeas – Albert, Lunt, Larochelle, Ward, and Fellows.  Nays - None.  Order passed - Vote 5-0.

 

OTHER BUSINESS

 

A.     COUNCIL COMMITTEE REPORTS

 

1.School: Councilor Albert reported pool testing is doing what it is expected to do.  He said he was happy to report Lisbon Schools are still open for in-person learning.

 

2.Planning:  Councilor Fellows said they did not meet last week but there is a meeting next week.

 

3.LDC: Councilor Fellows said he had nothing new to report that Mr. Richardson had not already mentioned.

 

4.      Conservation Commission:  Councilor Ward said he had nothing new to report.

 

5.Recreation:  Councilor Albert said Graziano Square is almost completed.  The fencing has been completed and the picnic tables are there now.  He mentioned the Gazebo work will start in the spring.

 

6.County Budget:  Councilor Ward reported his committee voted to cut $710,000 from the budget bringing the 12.4% increase to 5.7% now.  Lewiston, Auburn, and Lisbon were on board with the cuts.  Councilor Lunt pointed out that the reduction did not mean cuts in jobs.  He explained the $710,000 in cuts was more of a redistribution of funding since they used ARPA funds to cover those items cut.

 

7.Library: Councilor Lunt said he had nothing new to report.

 

8.Water Commission: Councilor Fellows said the Water Commission will be meeting next Wednesday at 5:30 PM.

 

9.Finance Committee: Councilor Albert said this committee had put a bow on all their topics and reported they were ready to make their final presentation to the Council at the next Council meeting.

 

B.      TOWN MANAGER’S REPORT

 

Mrs. Barnes said she was working on the Thanksgiving Basket Program, which she sent out donation letters, and reported Food City is doing a round-up program for us.  She said if you know of a name that should be added to our list, to submit them to her. 

 

APPOINTMENTS

 

appoint election clerk – eric metivier

 

VOTE (2021-217) Councilor Albert, seconded by Councilor Fellows moved to appoint Eric Metivier an Election Clerk.  Order passed - Vote 5-0.

 

COUNCILOR COMMUNICATIONS - NONE

AUDIENCE PARTICIPATION & RESPONSE FOR NEW ITEMS - NONE

 

EXECUTIVE SESSION

 

VOTE (2021-218) Councilor Larochelle, seconded by Councilor Albert moved to go into Executive Session at 8:08 PM per 1 MRSA Section 405 6 (A) Personnel Matters.  Order passed – Vote 5-0.

 

The Council came out of executive session at 8:36 PM and the meeting resumed.

 

ADJOURNMENT

 

VOTE (2021-219) Councilor Larochelle, seconded by Councilor Albert moved to adjourn at 8:36 PM. Order passed - Vote 5-0.

 

 

__________________________________

Twila D. Lycette, Council Secretary

Town Clerk, Lifetime CCM/MMC

Date Approved: 10/19/2021

 

 

 

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