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Board of Selectmen Minutes 09/15/2009
6:00 p.m.
Tuesday, September 15, 2009

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

Call to Order
The meeting was called to order at 6:04 p.m. by Chairman, Allen Crabtree.
I.      Roll Call
Present: Selectmen; Allen Crabtree, Ann Farley, Jeff Harriman, Mose Russo III, Town Manager, Jim Smith III, Recorder, Maureen Scanlon, Edythe Harnden arrived at 6:25 p.m.  

Absent: Selectman, Ann Farley

Guests present: Jim Libby, Ben & Sue Bowditch, Marcia Christensen, Phil Lowe, Helen Twombly, Millard Spencer, Steve Girardin, Ted Davis, Public Works Director, Dan Nowell, and John Valentine from the Lake Region Weekly.
II.     Adjustments to the Agenda
        The following item was added to the agenda.
                New Business – Item E. – Dock Ordinance

III.    Written Communication
  • Approval of the September 1, 2009 Selectmen’s Meeting Minutes
Jeff Harriman made a motion to approve the minutes from September 1, 2009 as submitted.  It was seconded by Mose Russo III.  Motion carried.  
  • Comments from the Public
Millard Spencer spoke to the Board regarding an ongoing problem with the ownership of a portion of his property that has been in dispute.  He explained the situation that he is looking to resolve once and for all.  There was discussion on whether his issue should be addressed by the Board of Selectmen, the Planning Board, or the Code Enforcement Officer.  It was determined that it will be addressed through the Code Enforcement Office with the Town Manager (former Code Enforcement Officer) overseeing the process since he is familiar with the situation.  

V.      Old Business
  • Lion’s Club Lease of Old Town Garage/Signing
The real estate lease has been completed and is ready to be signed by both parties.  Payment for the first year has been received.  

Mose Russo III made a motion to approve the lease as written.  It was seconded by Jeff Harriman.  Motion carried.  

Town Manager, Jim Smith was directed to execute the lease document on behalf of the town.  Public Works Director, Dan Nowell is to remove the last of the town’s items still in storage in the building.  The Lions Club will remove the trailers currently being stored at the Public Works location (before winter if possible, but not required).
  • Peabody Pond Porta-Potty Funding/Update
The following items were discussed for follow-up from previous meetings.  

1. Bids from vendors for next year’s budget cycle.  
2. Follow-up with Peabody Pond Association is needed to  
    see if they are going to assume the funding responsibility
    for this location for next year’s budget cycle.  
3. Should a separate budget line item be included under  
    specific departments for porta-pottys as opposed to being
    lumped together.   

The new budget season deliberations will start in December.  We need to anticipate and budget for these porta-pottys, therefore Town Manager, Jim Smith was directed to bring information back to the Board so that they may develop a policy before the new budget cycle begins.  
  • Collector Roads Resolution
After the meeting attended by State Representative Ralph Sarty in which he spoke about this issue a committee was formed consisting of Town Manager, Jim Smith, Public Works Director, Dan Nowell, Selectman, Mose Russo III, and Sebago resident, Tom Sciacca.  This committee discussed the potential impact from the State turning over to the town some of the roads that they currently maintain, particularly Bridgton Road (Route 107), Long Hill Road, and the Convene Road.  Jim Smith explained that everyone at the meeting was concerned that the town will loose $45,000 from the State for plowing these roads during the winter and the potential cost for maintaining these roads that are already in poor condition may be exorbitant.  There was discussion on how this would impact the town’s budget.  A letter has been sent to Mr. Sarty from Jim Smith expressing the town’s concerns regarding this matter, and asking for the opportunity to speak before any committee that may be discussing this issue.  Jim Smith has been told that the State does have the right to turn these roads over to the town but they must be in proper repair before doing so.  Jim Smith will look into this further.      

  • Speed Radar Purchase
Concern about motor vehicle traffic speed being excessive in several areas throughout town has generated an interest in purchasing a Speed Radar Control device.  This is a year round problem but more so in the summer time.  Some folks have expressed an interest in donating towards the purchase of a portable unit that could be placed in different locations for a few weeks at a time.  They have asked if the town would be willing to pay half of the purchase price.  The approximate cost for this unit is $4,800.00.  Town funding would not be available until the next budget cycle.  Jim Smith mentioned that he consulted with the Cumberland County Sherriff’s Office regarding this issue.  Other funding options such as possible grants were discussed.  Jim Smith will obtain bids from other vendors and provide them to the Board of Selectmen for budgetary consideration.    

  • Street Lights Discussion/Update
Jim Smith and Suzanne Bussiere from CMP have been driving around the town and identifying which street lights the town is being charged for in order to try and cut down on the number for budgetary purposes.  Jim would like to give property owners the option of taking over a street light that has been designated to be removed before it is taken out of service.  There was discussion on how this will be done.  Jim Smith and Ann Farley were asked to provide the Board with the following information at the October 6th meeting;

  • The policy for where streetlights should be located.  
  • The CMP list of existing streetlights.
  • The Town Manager’s recommendations as to which lights should be removed (and offered to the property owners).      

Health Officer Report
Sebago Health Officer Helen Twombly asked to speak to the Selectmen about the upcoming flu season and the H1N1 influenza virus.  The State of Maine is using stimulus funds to provide influenza immunizations to every school child in the State of Maine (unless their parents choose not to allow their child to receive it).  She explained in detail how this task is going to be accomplished.  A priority influenza notice has been distributed throughout town and will be posted on the town’s web site.   

  • Grader Purchase Update
Jim Smith and Dan Nowell have been researching what graders are available in order to make their recommendation for purchase.  Allen Crabtree explained that this item involves more than just deciding which grader should be purchased by the town, but whether or not there is a justifiable need for one.  The current procedure is for Public Works Director, Dan Nowell to present his case justifying the need for one to the Town Manager and subsequently to the Board of Selectmen, who in turn make the final decision.  The CIP committee would then acknowledge the need by establishing funding for the purchase.  It was determined that this is the proper procedure for making large purchases for the town.  There was quite a bit of discussion on this item.  The Board requested that further research be done to determine if it would be better to purchase a grader, lease one, rent one, or utilize a contractor.  The Board asked that this be ready for a recommendation during the budget season.

  • Sex Offender Ordinance Update
The legislature passed a bill that amended the Sex Offender setbacks.  The town’s existing ordinance was reviewed and edited to be compliant with the new law.  Allen Crabtree reviewed the changes in detail.  The revised ordinance will be reviewed by the town’s legal counsel to assure that it meets the terms of the law.  A public hearing will then be held followed by either a special town meeting or presented to the voters for approval at the annual town meeting in June.  

The Board directed the Town Manager to consult with the town’s legal counsel to see if we are allowed to retain our more stringent distance requirements for living quarters and bring this information back for consideration in October.
VI.             New Business
  •         Setting the 2009-2010 Municipal Tax Rate
Discussion ensued on the town’s municipal expenses and what the potential amount of overlay should be in case of tax payer property abatements.  

Jeff Harriman made a motion to set the mil rate at $12.82.  It was seconded by Edythe Harnden.  Motion carried.  

  •         Signing of 2009-2010 Tax Commitment
The 2009-2010 Tax Commitment documentation was signed by the Board of Selectmen.

  •       Excise Tax Resolution
A resolution in opposition to the initiated Bill LD 974, an act to decrease the automobile excise tax and promote energy efficiency was presented to the Board.  If approved, this resolution will be sent to the State of Maine for consideration.  

Jeff Harriman made a motion to approve the resolution with changes made to reflect 52 miles of local roads and 1 bridge included in this document.  It was seconded by Edythe Harnden.  Motion carried.   
  •         Centrex Service Agreement
The Centrex Service Agreement is for the town’s phone system.  Jim reviewed the contract with the Board for their approval.  

Allen Crabtree made a motion to approve the contract as presented.  It was seconded by Mose Russo III.  Motion carried.

  •       Dock Ordinance
Planning Board member, Phil Lowe explained why there is a need for a Dock Ordinance in this town.  He reviewed items that need clarification in order to be properly enforced by the Code Enforcement Officer (and when required, by the Planning Board and/or Appeals Board) which included defining the town’s role in this matter. This document would need to be aligned with items already addressed in other ordinances for consistency.  There was some discussion on whether this could be done as a Board of Selectmen’s policy as opposed to being done as an ordinance.  It was suggested that a committee be formed to research what other local towns have in place and then develop a policy or ordinance regarding docks in this town.  This committee should consist of the Town Manager, the Code Enforcement Officer, a Planning Board member, an Appeals Board member, and a Selectman.  The Board directed the Town Manager to present a list of committee members at the next meeting to be appointed.      

VII.    Reports from Town Officials
  • Town Manager
Maine Municipal Association has requested that a voting delegate with credentials attend the annual business meeting on Wednesday, October 7, 2009.  Allen Crabtree will attend this meeting.

  • Selectmen
The Board of Selectmen approved the fall edition of the “Sebago Happenings” newsletter as presented.

Donna Woodward, the interim executive officer for the   
Bridgton Chamber of Commerce has asked to be added to  
the agenda after the Fryeburg Fair in order to update the Board on regional happenings.

Allen Crabtree reminded the Board that the deadline for goals is October 1st, he asked everyone to be prepared with their report.

Allen Crabtree and Jim Smith updated the Board on the progress of repairs being performed at the Historical building.  

Allen Crabtree informed the Board that Warming Hut contracts may be presented for approval after the Loon Echo Land Trust presentation on September 22nd.

  • Committees
No reports

VIII.   Adjournment
        Mose Russo III made a motion to adjourn at 9:15 p.m.  It was seconded by Edythe Harnden.  Motion carried.

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