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Board of Selectmen Minutes 04/11/2007
Public Hearing on the Proposed Building Ordinance

Chairman, Allen Crabtree opened the Public Hearing at 6:30 p.m.  Present were: Selectmen; Allen Crabtree, Maureen Harriman, Bob Irish Jr., Dave McCarthy; Town Manager; Bob Nicholson and Recorder, Maureen Scanlon.  Selectmen absent: Jeff Harriman.  Guests present were: Code Enforcement Officer; Jim Smith, Don Allen, Mike Corrigan, Mike Borsetti, Joan Morford, Greg Smith, Bruce Hart, Charles Binda, Ann Burns.

Allen Crabtree reviewed, in detail, the changes implemented on the Building Ordinance as recommended at the Public Hearing held on March 28, 2007.  

At Mr. Crabtree’s request, Jim Smith expanded on the reasoning for some of these changes.  As stated at the last Public Hearing, he reiterated that the new Building Ordinance uses the International Residential Code.  He explained that when he originally spoke with individuals from the City of Lewiston, they informed him that they were using the 2000 version of the IRC.  Jim was subsequently informed that the State of Maine had adopted the 2003 version, and now mandates all towns that adopt a building code must adopt the 2003 version.    

Mr. Crabtree asked Jim Smith where a contractor or home owner would look for reference information on specific code standards when building.  Mr. Smith stated that they would be able to come in to see him for answers to any questions or may refer to our reference books that are kept accessible in the Town Office.  

Mr. Crabtree asked if there were any other changes and/or corrections that should be made on the Building Ordinance.  Mr. Nicholson suggested removing the contradictory first sentence on Appendix B (Building Permit Condition List), page 13, in the “Note” section at the top of the page.  This same sentence appears on page 4, section D, (Life of Permit), third sentence.  After some discussion, it was concluded that this sentence is indeed contradictory and shall be removed.  

Mr. Smith suggested that after a specific time period, a permit should expire and if the work has not been completed, a new permit should be required.  Mr. Nicholson mentioned that new software is available which will allow us to keep track of the permit expiration dates in a timely manner.  Apparently, this has been an area that has been overlooked in the past and Jim has found several permits that were issued for building with no Occupancy Permits being granted as of yet.  He will be researching this matter to find out if the work has been completed and why there have not been applications submitted for occupancy.  There was some discussion on the fact that Mr. McCarthy raised regarding the process that once an Occupancy Permit has been issued, this triggers the Assessing process for true tax valuations which is additional income for the town.  It is only fair to the taxpayers that are already paying taxes on property at the full valuation rate.  Mr. Crabtree expressed concern that we will be dealing with an overlapping of two sets of codes.  Buildings that were permitted under the former codes would now be held accountable to the new codes if the work has not been completed on a previously granted permit.  Alan suggested that perhaps a sentence should be included on page 4, section 3-D, to state that a permit extension may be granted by permission of the Board of Selectmen if it was granted under the former set of codes and the work has still not been completed.  There was quite a bit of discussion on this subject, it was decided that it would not be necessary, and would set precedence.  Jim Smith feels as though two years is sufficient time to build, and most contractors are able to complete construction within a three to four month period.  He expressed some concern that some homes have not received a “Certificate of Occupancy” within a reasonable time frame, and it is not an oversight.  Mr. McCarthy suggested that perhaps there should be a set (flat rate) fee included for reinspections.  After additional discussion on this matter, it was decided that it is the CEO’s job to review these situations and make decisions based on his professional experience and judgment.  This action includes retaining the current wording “as is” under the Section 3-F (Occupancy Permits) on pages 4 & 5.

Bob Irish suggested that the word “acting” should be included before the words Code Enforcement Officer throughout this document.  He explained that it may be necessary, as has occurred in the past, to have CEO’s from other communities fill in if there is a vacancy in the town’s CEO position, or any other extenuating circumstance such as an extended illness or vacation.  After some discussion, it was decided to include the word “acting” before Code Enforcement Officer throughout the entire document.  

Mr. Crabtree opened the meeting for any comments from the public.  Mr. Mike Borsetti stated that he personally knows there are many permits that have been outstanding for too long and therefore the taxes are not being paid at the correct rate.  He expressed frustration in this because the tax payers in this community are stuck with paying taxes when others are getting away with adding additional sections or improvements to existing structures without acquiring additional permits.  He stated that too many mistakes have been made in the past.  Mr. Irish addressed his concerns by stating that the current Board of Selectmen and staff members should not be held accountable for any wrong doings that occurred in the past.  The goal is to move forward and make sure additional errors are not made from this day forward.  With this in mind, the town has hired a full-time professional CEO.  This is our opportunity to move forward and address issues not only in the present, but also from the past.  Mr. Nicholson explained that the State laws allow us to go back over a three year period.  We plan to identify and rectify any incorrect situations that have occurred in the past.

Mr. Bruce Hart asked if someone didn’t finish their house within the two year time limit, could they go to the Board of Appeals if the Code Enforcement Officer refused to give an extension.  Alan stated that the ordinance that is now in place has a two year expiration, so if someone has a three year old permit, they are already in violation of the existing ordinance which also has the occupancy permit requirement included, so this language hasn’t changed.  However, any decision of the Code Enforcement Officer can be appealed.    

Mr. Crabtree mentioned that at the last meeting Mr. Libby questioned the requirement of 60 lbs. per square foot trusses for the Ground Snow Load.  Jim Smith reported that his research shows that this is sufficient and recommended.

The Board of Selectmen will present this revised edition of the proposed Building Ordinance at the annual Town Meeting on June 2, 2007 as a Warrant Article.  If approved by the townspeople it will take affect as of July 1, 2007.

The public hearing adjourned at 7:40 p.m.

I       Call to Order
             The meeting was called to order at 7:45 p.m. by Chairman, Allen Crabtree.         
II      Roll Call
             Present were Selectmen: Allen Crabtree, Maureen Harriman, Bob Irish Jr., Dave McCarthy, Town
              Manager; Bob Nicholson and Recorder, Maureen Scanlon.  Selectmen absent: Jeff Harriman.  
              Guests present were: Code Enforcement Officer; Jim Smith, Don Allen, Mike Corrigan, Mike Borsetti,
              Joan Morford, Greg Smith, Bruce Hart, Charles Binda, Ann Burns.
III     Adjustments to the Agenda
             There were none.  

IV      Reports from Town Officials & Committees
A.      Town Manager
a.      RFP for Banking Services-Review and Selection
Mr. Nicholson went over the RFP Response Review form that was passed out for review.  He explained the differences in services that would be provided by each bank.  He recommends selecting Bangor Savings Bank that would be able to not only provide the same services that we are currently receiving from TD Bank North, but also additional services that would be of benefit to the Town such as assisting in developing a long term investment policy.  We would be required to enter into a three year commitment with a 60 day written notice clause for either party to rescind.  Bob introduced Lucy Hennigan, from Bangor Savings, to answer any questions the Board may have regarding the services they offer.  She spoke about the benefits of banking with a Maine based bank.  She also explained that they will look at the “cash flow” on a monthly basis and bring ideas to the table for improvements in making the funds work more efficiently for the town.  

Mr. McCarthy made a motion to move the RFP for Banking Services under New Business.  It was seconded by Bob Irish Jr.  Motion carried with all in favor.

b.      Candidates Night-Televised?
Mr. Nicholson requested a decision from the Board as to whether or not he should make arraignments with Lakes Region Television to televise the “Meet the Candidates Night”.  There was some discussion as to the venue location for this event.  The Board agrees that it would be nice to televise this event as long as the location is large enough and the host facility has no problems with it being televised.  Mr. Irish suggested that this event should be promoted on the sign located at the Veteran’s Park, which may be helpful in increasing attendance to this event.    

c.      Annual Report
Mr. Nicholson reported that the Annual Report has been completed.  A copy of this report was distributed for review by all Selectmen present.  Bob explained that the only difference this year is that there are letters included from several legislators.  There was discussion on the quantity that should be ordered this year.  Bob mentioned that the budget allows for 550 copies.  The Board directed him to purchase the budgeted amount.

d.      Sand/Salt Shed
       Mr. Nicholson reported that he went before the Planning Board last night for a
       plan review and site walk.  A public notice will be put in the newspaper regarding
       the Public Hearing date.   

B.      Selectmen
Mr. Crabtree submitted draft copies of the Selectmen’s Annual Report for review.  There was some discussion on recommended revisions.  These revisions will be made and the final copy will be submitted for inclusion in the Annual Report.    

                                         Mr. Crabtree reported that he has received a letter from the U.S. Bureau of Census        
                                         regarding a promotional workshop on May 1st for the 2010 Local Update of Census
                                         Addressed Programs.  This is being held at GPCOG in Portland and they suggest we
                                         send someone from our staff to attend the workshop.  Mr. Nicholson is planning to  
                                         attend.  It was suggested that perhaps Michele Bukoveckas should also attend.  The  
                                         Selectmen were invited to attend if they so desire.   

C.      Department Heads                
There were none.

D.      Committees
        a. Public Safety Committee
            At the recommendation of the Town Manager, a motion was made by Bob Irish Jr.   
                  to appoint Greg Smith to the Public Safety Building Committee.  It was seconded
                  by Dave McCarthy.  Motion carried with all in favor.  

                 Some discussion ensued on Robert Nicholson being involved with the site selection
                process of the new Public Safety Building.  Mr. Crabtree expressed concern that
                 the Board understands that his time will be impacted and may draw him away from
                 other tasks.  It was agreed that it is important that he, as a professional, be
                 involved with this project that will be a major decision and expense incurred by this
                 town for quite a number of years.  Mr. Crabtree stated that his reason for raising
                 this issue is that generally the Board of Selectmen delegate assignments to the
                 Town Manager and he wanted the Selectmen aware that this requirement has
                 been levied on him by a committee.  He added that this is fine, just a little unusual.  
                 Mr. Nicholson assured the Board that he will not fall behind on any tasks that have  
                 been delegated to him, in addition to working with this committee.      
V       Next Board of Selectmen’s Meeting is scheduled for:  May 1, 2007 at 7:00 p.m.

VI      Comments from the Public - None
VII     Written Communication
A.      Approval of the March 28, 2007 Selectmen’s Meeting Minutes
Dave McCarthy made a motion to approve the March 28, 2007 Selectmen’s Meeting Minutes.  It was seconded by Maureen Harriman.  Motion carried with all in favor.
The following changes were requested by the Board of Selectmen.

The Board of Selectmen request that the page numbers be included on the bottom of the pages from this day forward.

Department Head Report – Section C. – Fire – Insert the wording “Public Works was not available to do repairs” in the following sentence. Fire Chief, Kenneth Littlefield stated that a fire truck was out of service during the weekend, leaving the town to rely on mutual aid in the event of a fire.

The Board of Selectmen request that the subject and/or title of an Article be included in the minutes when discussed since the Article Numbers are subject to change as items are tabled, etc.

Maureen Harriman made a motion to approve the March 28, 2007 Selectmen’s Meeting Minutes as amended.  It was seconded by Bob Irish Jr.  Motion carried with all in favor.

VIII    Old Business
                A.      Town Meeting Warrant Approval
             Bob Irish Jr. made a motion to discuss.  It was seconded by Allen Crabtree.  Motion
              Carried with all in favor.  

              Allen Crabtree noted that the Fitch Road Bridge (Article 15) is still listed on the  
              Warrant, and should be removed because it was a tabled item.
                                          After some discussion, Allen Crabtree made a motion to change the language of
                                          Article 10 as follows.  To see if the Town will vote to raise and appropriate
                                          $312,173.00 by taxation and other revenues to fund the Capital Investment Program.   
                                          Seconded by Maureen Harriman.  Motion carried with all in favor.

                                         Mr. Crabtree made a motion to include the following as a new Warrant Article.  To
                                          see if the Town will vote to appropriate from the Undesignated Fund Balance the
                                          amount of $140,000.00 to be to put towards the cost of MSAD 61 Assessment.  This
                                          will now become Article 20, and come before the Building Ordinance Article since it
                                          is a financial/budgetary article.  It was seconded by Bob Irish Jr.  Motion carried with
                                         all in favor.

                                          Bob Irish Jr. made a motion to discuss the request for a Warrant Article for the
                                          Sebago Historical Society.  Maureen Harriman seconded.  Discussion ensued on the
                                          request made by the Historical Society for funding to repair their (Town owned)
                                          building to be included as a Warrant Article.  Mrs. Ann Burns, Sebago Historical
                                          Society President, answered questions regarding their request.   A motion was made
                                          by Dave McCarthy to table this item.  Seconded by Bob Irish Jr.  Motion carried with
                                          all in favor.  Further discussion ensued as to the perceived town’s responsibility for
                                          maintaining this building.  Bob Irish Jr. made a motion to direct the Town Manager to
                                          have the Code Enforcement Officer perform an assessment of the building to
                                          safeguard the integrity of the building, and bring it back to the next Selectmen’s
                                          Meeting with any recommendations.  Seconded by Maureen Harriman.  Motion
                                          carried with all in favor.
                                          Mr. Crabtree requested that it be noted in these minutes, that during next year’s
                                          budget process, a request should be submitted for program assistance funding by
                                          the Sebago Historical Society Committee.           

                                          After the aforementioned corrections were made, a motion was made by Bob Irish Jr.
                                          to approve the Town Meeting Warrant as amended.  Seconded by Maureen
                                          Harriman. Motion carried.  Warrant signed by Board of Selectmen.  
IX      New Business
A.      CEO Finding
Dave McCarthy made a motion to discuss.  Seconded by Bob Irish Jr.  Motion carried with all in favor.  Mr. Nicholson explained the history of a discovered subdivision issue that has come to light since the homeowner has decided to sell their residence.  Jim Smith has done extensive research on this issue and wrote a Letter of Non-Action by the Town of Sebago which should have been sufficient for the sale transaction.  A motion was made by Bob Irish Jr. to table this item.  Dave McCarthy seconded.  Motion carried with all in favor.  It has been noted that the Planning Board will be notified of this item being tabled by the Board of Selectmen who feel that the action taken by the CEO is sufficient to address this matter.  
B.      Municipal Waste Facility Discussion
Dave McCarthy made a motion to table this item until the next Board of Selectmen’s Meeting.  Seconded by Maureen Harriman.  Motion carried with all in favor.

C.      Schedule Hazard Waste Day
Dave McCarthy made a motion to table this item until the next Board of Selectmen’s Meeting.  Seconded by Maureen Harriman.  Motion carried with all in favor.
D.      RFP for Banking Services
Dave McCarthy made a motion to accept the proposal from Bangor Savings Bank for banking services.  Maureen Harriman seconded.  Motion carried with all in favor.  

X       Executive Session pursuant to M.R.S.A. Title 1 § 405 (6) (A) to Discuss a Personnel Matter
            Dave McCarthy made a motion to move into Executive Session at 9:50 p.m. pursuant to
             M.R.S.A. Title 1§ 405 (6) (A) to discuss a Personnel Matter.  It was seconded by Maureen
             Harriman.  Motion carried with all in favor.               

             Dave McCarthy made a motion to re-convene at 11:49 p.m.  Seconded by Maureen Harriman.  Motion carried with no action taken and all in favor.  

XI      Adjournment
             Bob Irish Jr. made a motion to adjourn at 11:50 p.m.  Seconded by Dave McCarthy.  Motion carried
              with all in favor.

Respectfully Submitted,

Maureen F. Scanlon