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Sebago Maine Town Seal
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Board of Selectmen Minutes 09/16/2008
6:00 p.m.
Tuesday, September 16, 2008

All Regular Board of Selectmen Meetings ARE held the 1st and 3rd Tuesday of Each Month.

Poverty Abatement 5:45 PM
Public Hearing 6PM

Executive Session pursuant to 36 M.R.S.A. Title § 841(2)(E) for Poverty Abatements.
Ann Farley made a motion to move into Executive Session to at 5:45 p.m. pursuant to M.R.S.A. Title § 841(2)(E) to discuss Poverty Abatements.  It was seconded by Jeff Harriman.  Motion carried with all in favor.  

Jeff Harriman made a motion to re-convene to the Public Hearing session at 6:06 p.m.  It was seconded by Maureen Harriman.  Motion carried with no action taken during the Executive Session and all in favor.  

Public Hearing pursuant to 17 M.R.S.A. §§ 2851-2859 (Dangerous Buildings)
You are hereby notified that the Municipal Officers of the Town of Sebago, Maine will hold a hearing on September 16, 2008 at 6:00 p.m. at the Town Office to determine whether the building/structure owned by you and located on land owned by you described as a homestead and shown on Map 6, Lot 46 of the current Tax Maps of the Town of Sebago, Maine on file at the Town Office, is dangerous or a nuisance within the meaning of 17 M.R.S.A. § 2851.  If the Municipal Officers so determine, they may order abatement of said nuisance including but not limited to demolition and removal of said building/structure.  If their order is not timely complied with and no appeal is taken, the Municipal Officers may undertake said abatement at municipal expense and recover all such expenses, including reasonable attorney’s fees, by means of a special tax or civil action.

Ann Farley opened the Public Hearing at 6:07 p.m.  Ann Farley read a letter from Sally H. Gilpatric who was unable to attend this meeting and wanted her comments to be heard regarding this matter.  Marie Chattin spoke regarding the progress she has made on the clean up effort at her property.  She asked for an extension in completing this task due to problems that have arisen which have now been resolved.  Joan Morford stated that she would like to see the Town follow through with their efforts in resolving this matter, or else give her a tax break for living next to this unsightly property.  Discussion ensued on this matter with Mrs. Chattin answering the Board’s questions as to what her plans are for completing this task and how long she feels it will take to finish.  The Board also asked Code Enforcement Officer, Jim Smith for his recommendation on this matter.  He recommended giving an extension to a specific date and if it is not completed by that date, the Town Manager should proceed with obtaining bids on completing the work or have the Public Works department proceed with the final clean up of the property.  Further discussion ensued with additional comments from the Public regarding the need to resolve this matter once and for all.  It was stated that this matter has gone on for too long already.  

Jeff Harriman made a motion to instruct the Town Manager to allow Mrs. Chattin for at least a week to the continue removing her articles while also proceeding with the bid process and clean up effort.  It was seconded by Maureen Harriman.  Motion carried with all in favor.         

The Public Hearing was closed at 6:25 p.m.

Call to Order
The meeting was called to order at 6:26 p.m. by Vice Chairman, Ann Farley.                              
I.      Roll Call
Present were Selectmen: Ann Farley, Jeff Harriman, Maureen Harriman, Town Manager; Robert Nicholson, and Recorder Maureen Scanlon.  Selectman, Allen Crabtree was absent.  Guests present: Don Olden Sr., Cynthia Wilson, Donelle Allen, June Allen, Mike Coorigan from The Bridgton News, Don Allen, Michael O’Donnell & Carol Colby from O’Donnell Associates (Sebago’s Assessors), Jim Libby, Pastor Karen Moore, Abe Parker, Marie Chattin, Patrick Phillips & Andy Madura from MSAD #61, Joan Morford, Atty. L.P. Minott Jr., Dana Batchelder, Tom Ruppert, Mike & Jane Borsetti, Sherry Miller, Richard Merritt, Paul Anderson, Elaine Tinker, and Code Enforcement Officer, Jim Smith.

II.     Adjustments to the Agenda
        Old Business – Item A – Stipend Policy Discussion –
                                                  To be discussed at a later date.

        New Business – Item A – Meet and Greet MSAD #61 New Superintendent
                                                    (Patrick Phillips) – Relocated on agenda – After  
                                                    Item III (Written Communication)

        New Business – Item D – Transition Discussion –
                                                    Item stricken from the agenda.

III.    Written Communication
A.      Approval of the August 19,  2008 Selectmen’s Meeting Minutes
Maureen Harriman made a motion to approve the August 19, 2008 Selectmen’s Meeting Minutes.  It was seconded by Jeff Harriman.  Motion carried with all in favor.
B.      Approval of the September 9, 2008 Selectmen’s Meeting Minutes
Maureen Harriman made a motion to approve the September 9, 2008 Selectmen’s Meeting Minutes.  It was seconded by Jeff Harriman.  Motion carried with all in favor.

VI.     New Business
A.      Meet and Greet MSAD #61 New Superintendent (Patrick Phillips)
Mr. Patrick Phillips along with Mr. Andy Madura joined us this evening for not only Mr. Phillips to introduce himself as the new Superintendent for MSAD #61, but also to talk about some of the larger issues that are going to be before us all.  Mr. Phillips proceeded to speak about pertinent issues such as the upcoming budget.  He reviewed, in detail, “Total EPS Allocation/Cost-Sharing – SAD #61” documentation that is a several year overview of how the four towns in the District have faired in regard to State subsidies and the impact this has had on the overall budget.  He touched on some of the items that drive the budget up for schools such as oil prices, etc. and how the School District is making efforts to keep expenses down.  Some discussion ensued regarding the town’s reassessing the property valuations and how this affects the ability to pay for local education.  Mr. Phillips explained that in an effort to decrease funding needs several options were researched on how the District currently uses the existing facilities.  Several of these options are being implemented which he reviewed, with additional detailed input from Mr. Madura.  

In closing, Mr. Phillips stated that it is his intention to keep everyone advised on what progress is being made and what items are being tackled.  The Board thanked Patrick and Andy for coming and updating everyone.      
IV.     Comments from the Public
Mr. Jim Libby asked to speak this evening to let the Selectmen and the audience know what the Food Pantry has been doing this past summer.  He explained that the Food Pantry serves approximately 38 families per month with that number rising during the winter months.  He reviewed some of the fund raising events that have been held recently in support of not only gathering food supplies, but also raising funds for needed fuel assistance efforts.  He reviewed a schedule of upcoming fund raising events and thanked the citizens of the town for their support.   

Pastor Karen Moore spoke about a recently organized group for “The Sebago Warming Hut” which is a community effort that is not affiliated with the local churches, but will be held at the church locations.  She explained that this is a way to offer a warm spot to people while also providing a place to participate in social activities.  Some discussion ensued regarding the relocation of the town’s modular unit to a location across from the Nazarene Church in the parking lot area.  This unit will be dedicated for use as an extension of the Food Pantry for supplying essential non-food items, such as toiletries.  Robert Nicholson mentioned that there may be grant funding available to assist in this very worthwhile cause.  

Maureen Harriman made a motion to direct the Town Manager to look into the possibility of acquiring grant funding to help “The Warming Hut” in their efforts, and also to look into relocating the town’s modular unit as discussed.  It was seconded by Jeff Harriman.  Motion carried with all in favor.   
Abe Parker asked about the status of the “Brush Dump”.  Robert Nicholson stated that the town budgeted up to $20,000.00 for this project, and we are in the permitting process at this time.  
V.      Old Business
A.      Stipend Policy Discussion
Jeff Harriman made a motion to discuss.  It was seconded by Maureen Harriman.  

Ann Farley suggested that this item be discussed at a later date when there is a full quorum of Board Members.  

Maureen Harriman made a motion to discuss this item at a later date as suggested.  It was seconded by Jeff Harriman.  Motion carried with all in favor.  

B.      MMA Risk Management Report – Town Garage / Historic Building
Maureen Harriman made a motion to discuss.  It was seconded by Jeff Harriman.  

The Town Manager reviewed the findings of the MMA Risk Management Report regarding the old Town Garage and the Historic Building.  He explained that he has been advised by the insurance company that these buildings are still covered until the spring as long as there is a plan of action to make the necessary repairs as outlined in their report.  However, MMA recommends not letting anyone in either of these buildings until the repairs have been completed.  The Board decided that they would develop a plan of action for the required repairs.

C.      Board Review of Walk of Historic Building
Maureen Harriman made a motion to discuss.  It was seconded by Jeff Harriman.  

Ann Farley stated that she will submit the list of necessary repair findings that the Board of Selectmen comprised during their recent site walk and tour of the Historic Building to the Town Manager so he can address the problems found.   

VI.     New Business
          A.       Meet and Greet MSAD #61 New Superintendent (Patrick  
                      Phillips) – Relocated on agenda –
                             After Item III (Written Communication)

B.      Signing of the Cumberland County Tax Warrant
Maureen Harriman made a motion to discuss.  It was seconded by Jeff Harriman.  

After a brief discussion, the Cumberland County Tax Warrant was approved and signed off by the Selectmen.

C.      Signing of Commitment
Jeff Harriman made a motion to discuss.  It was seconded by Maureen Harriman.  

Mike O’Donnell from O’Donnell Associates, the Assessors for the Town of Sebago explained that the mil rate is to be set first tonight before the signing of the Commitment is done.  Mike explained the process involved for determining what the mil rate should be set at in order to assure that enough funds are raised through taxation to cover the Town’s expenses for the year.  After a thorough review, the Town Manager and the Town Assessor recommend setting the mil rate at 12.53 this year.  

Jeff Harriman made a motion to set the mil rate at 12.53 as recommended by the Town Manager and Town Assessor.  It was seconded by Maureen Harriman.  Motion carried with all in favor.  

Mike O’Donnell broached another subject for discussion regarding a piece of property that for many years has been deemed as “Owner Unknown”.  This means that no taxes have been received for this property for many years because there was no actual owner on record to tax.  This is a relatively common occurrence in many towns.  Mike explained, in detail, that he has been approached regarding the ownership of this property and reviewed the town’s options to resolve this issue, which would include the payment of back taxes for the previous three years.  Legally, a town is not allowed to charge for back taxes for more than a three year period.  
The Board heard input from Atty. L.P. Minott, Jr. regarding extensive research that he has completed on this issue for his client that is interested in acquiring this property.    

Ann Farley made a motion to “table” this item until the next Board of Selectmen’s meeting with a full quorum.  It was seconded by Jeff Harriman.  Motion carried with all in favor.  
D.      Transition Discussion – Item stricken from the agenda.

E.      Options for Board after November 1 Discussion
Robert Nicholson explained options for the Board after November 1, 2008 which is his last official day as Town Manager.  He stated that the Board can do one of three things as follows:
1.)     They can hire an Interim Town Manager until a final candidate is chosen or;
2.)     They can hire a new Town Manager themselves through the normal interviewing process or;  
3.)     They can hire a new Town Manager through the Hiring Agency process.
Discussion ensued on the need to hire an Interim Town Manager.  

Jeff Harriman made a motion to start the process of hiring an Interim Town Manager to be discussed further at the October 7, 2008 Board Meeting.  It was seconded by Maureen Harriman.  Motion carried with all in favor.

VII.    Reports from Town Officials
A.      Town Manager
a. Road Treatment Coverage
Mr. Nicholson reported that the town is now insured for road salt contamination to private water supplies resulting from plowing/sanding operations through the MMA Property & Casualty Pool.  This provides coverage for claims that a land owner’s private water supply has been destroyed or rendered unfit for human consumption because of the application of salt or other chemicals to public roadways during winter salting and sanding operations.  The limit is $25,000 for any one claim and a $100,000 annual aggregate or cap.  Defense costs are included in these limits.        

b. Winter Sand Pricing and approval
Mr. Nicholson reviewed, in detail, the two different options for purchasing winter sand to fulfill the town’s needs.  After careful review, the Town Manager recommends purchasing winter sand from George Anderson & Sons.  

Jeff Harriman made a motion to approve the purchase of winter sand from George Anderson & Sons as recommended by the Town Manager.  It was seconded by Ann Farley.  Motion carried with all in favor.
c. Winter Emergency Heating/Fuel Crisis Fund option for   
   Mr. Nicholson distributed information that he has gathered        
    regarding the matter of Winter Emergency Heating/Fuel  
    Crisis to the Selectmen for their review.  
B.      Selectmen
        Ann Farley mentioned that she and Robert Nicholson are currently working together on the Property Use Policy.  They plan to have this available for review in October.  

        Some discussion ensued on the setting of future meeting dates.  The Town Manager recommends sticking with the regularly scheduled meeting dates of the first and third Tuesdays of the month for the regular Board of Selectmen meetings.  He stated that additional meeting dates can be added if necessary.  The Board agreed that it is important for the dates to be consistent for the residents who wish to attend the meetings.
C.      Committees

Elaine Tinker brought up the Public Easement issue of the winter plowing of the Northwest River Road and Beach Street.  She stated that the residents on Beach Street were informed that their road passed the town’s inspection and will be plowed during the winter months.  However, they were not informed that the Northwest River Road did not pass the inspection and if repairs are not completed to this road it will not be plowed.  The problem arises when the only way to access Beach Street is via Northwest River Road.  This causes concern by the residents on Beach Street that their road will not be plowed after all.  Mr. Nicholson stated that he is looking into the matter and that Kurt Christensen, a resident on Northwest River Road, has expressed a desire to establish an Association to address the repair issues on his road.  Mr. Nicholson will follow-up on this matter with Kurt Christensen and Elaine Tinker to try and help resolve this problem.

VII.    Poverty Abatements
Ann Farley made a motion to deny the Poverty Abatements for #01-2008 and #02-2008.  It was seconded by Jeff Harriman.  Motion carried with all in favor.   
VIII.   Adjournment
Ann Farley made a motion to adjourn at 8:21 p.m.  It was seconded by Jeff Harriman.  Motion carried with all in favor.

Respectfully Submitted,
Maureen F. Scanlon
Deputy Clerk/Administrative Assistant