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Sebago Maine Town Seal
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Board of Selectmen Minutes 05/24/2011
PUBLIC HEARING
Proposed Ordinances “Amended Town of Sebago Parking Ordinance” “Amended Town of Sebago Beach Ordinance” and Fire/Rescue Building Land Acquisition

Chairman, Ann Farley opened the Public Hearing at 6:01 p.m.

Copies of the two proposed ordinances were made available to the audience.  As a quick overview, Ann Farley explained that the only (major) thing that has been done on these ordinances is that they were put into an ordinance format and that everything in red is what was added.  

“Amended Town of Sebago Beach Ordinance”

Ann Farley stated that at the suggestion of the town’s attorney the following inclusion was made to the Beach Ordinance in Section 3, under  Sebago Town Beach; “at the end of Marina Road, in Sebago” to make this more definitive.  She also stated that under Section 4.9 wording was added to address “No loitering shall be allowed on the Town Beach or in the boat launch area and beach parking areas from sunset to sunrise.”  Ted Greene expressed concern over the wording in both ordinances regarding “Removal of Vehicles at Owner’s Expense” (Section 7 in the Beach Ordinance and Section 9 in the Parking Ordinance).  He stated that the wording, “The Board of Selectmen or their Authorized Designee(s) may cause any vehicle or motorcycle parked in violation of any provision of this Ordinance, to be moved and placed in a suitable parking space off of the street, at the expense of the owner of such vehicle or motorcycle, and without the Town being liable for any damage that may be caused by such removal.”, puts the Board of Selectmen in conflict with constitutional law because they can not act as the governing authority and the law enforcement authority.  In other words, they can not be in the Legislative Branch and the Enforcement Branch of government at the same time.  He sited the fact that when he was a former Selectman he could no longer be the Town’s Constable.  It was noted that this was not addressed by the town’s attorney when the ordinances were reviewed.  After some discussion, the Board agreed to change the wording from “the Board of Selectmen” to “the Town Manager”.  Denise Olsen asked for clarification on “no motorcycles will be allowed on the Beach”.  The Board explained that no motor vehicles of any kind will be allowed on the beach itself, however, they are allowed in the parking area and in the roadway.  Denise also asked for clarification on the term “seasonal town use pass” in Section 4.1.  Jim Smith explained that this is for people that are here renting a cottage on vacation.  Denise stated that she believes the term “loitering” in Section 4.9 is a gray area.  She explained that there are a lot of people in town that go down to the beach and just hang out, they aren’t actually doing anything “for any obvious reason” but they are enjoying themselves by doing nothing.  As the former Beach Attendant, she attested to the fact that during the hot and humid summer nights it is not unusual to find people going down to the beach for a late night swim to cool off from the heat.  She suggested that this would also be very difficult to police therefore, she suggested that the closing time be changed to 10:00 p.m. instead of sunset.  She also suggested that trash receptacles be put out for trash disposal at the Beach.  Jim Smith stated that this is already planned for this season.  Ted Greene asked who will be enforcing the “No Smoking” ban.  Ann Farley stated that there will be a part-time attendant monitoring the Beach area but it will not be enforced full-time.  After some discussion on the hours, the Board agreed to change the closing hour to 10:00 p.m.  Denise mentioned that although dogs are not allowed on the beach, people do take their dogs down for a swim and are very good about cleaning up after their animals.  She stated that the only ones she has seen being a problem are actually the neighbors (of the beach) that allow their dogs to leave their waste (on the beach) and the owners just leave it there instead of removing it.  She mentioned that she has actually seen people bring their horses down to cool them off when it is quiet at the beach and there has never been a problem.  There were no further comments on this ordinance.                              
 
“Amended Town of Sebago Parking Ordinance”

Ann Farley explained that this ordinance was written by the State and was passed in 1996.  The Board of Selectmen has put it into an ordinance format and focused on gearing it more specifically to Sebago.  Section 4 addresses parking at specific locations such as the “alphabet streets”.  This ordinance also repeals the Douglas Mountain Parking Ordinance, in Section 11, because there is now a parking lot in this location and it is no longer needed.  Ted Greene mentioned that people still park along the side of the road when the parking lot is full.  There was some discussion on the signs along the street stating that parking is not allowed along the street.  Ted suggested that these signs should be removed if there is no authority to actually remove vehicles due to a lack of authority to do so in the form of an ordinance.  Ann Farley stated that the Board can review this proposed parking ordinance and if this matter is not addressed in the new ordinance, the repeal of the Douglas Mountain Parking Ordinance can be removed from this proposed ordinance.  Jim Smith stated that if the aforementioned signs are unenforceable, the signs will be removed since they were probably installed before the parking lot existed and were probably put up due to complaints from the residents on the road about people parking on their property.  That will leave this ordinance the way it stands.  Ted Greene mentioned that the wording in Section 9 should also be changed from “the Board of Selectmen” to “the Town Manager” as was discussed in the previous ordinance.  Ann asked Jim Smith to check into the proper wording on this matter with the town’s attorney.  Jim stated that he will do it tomorrow.  There were no further comments on this ordinance.        

Fire/Rescue Building Land Acquisition

Ann Farley explained that it was a goal of the Board of Selectmen to look into the Fire/Rescue Building because Fire Station 2 is in such bad shape.  Jim Smith explained, in detail, the proposed design plan and the “historical” background on the progression of this project to date.  There was quite a bit of discussion on this subject with the highlights of the conversation as follows:

  • The Shaw Brothers may provide funding through a bond for a fifteen year period instead of the usual ten year period.
  • The Shaw Brothers property meets the ISO insurance rating for the five (5) mile radius in the Town of Sebago.  Visibility for pulling out onto the road is very desirable whether you take a left or right hand turn.  The Shaw Brothers will grant a 60 foot right-of-way, for the entrance to the building, to the town.  Jim Smith is looking at sharing the costs for developing the entranceway with Shaw Brothers because they will also have the use of the roadway.   
  • The Town of Standish doesn’t have a fire engine in close proximity to the Ward’s Cove area; therefore, they would like to place one of their fire engines in this new building and maintain it for mutual aide in fighting fires in both towns.  This would eliminate the need to purchase/replace another fire engine for the Town of Sebago.  It was noted that the Town of Standish has had a similar agreement with the Town of Gorham for the past fifteen years and it is working out very well.   
  • Funds from the CIP (Capital Investment Program) that were previously earmarked for Engine 2, Tank 2, and the Land Acquisition Fund could be used to purchase the land, and perform the preliminary site work if approved by the residents.    
  • There was some concern about whether or not the Land Acquisition Fund was originally set up to purchase recreational land only.  Jim Smith will look into the matter.       
  • Concern was expressed about the Shaw Brothers being the seller of the property and the holder of the bond being a potential conflict of interest.  It was determined that these are two separate transactions that are not tied together therefore there would be no conflict of interest.
  • The consensus of the audience was that construction costs will continue to rise and it will never be less expensive to build this building.  It will only get more expensive as time goes on.  Therefore a definitive plan should be developed including the costs associated with purchasing the land and constructing the building.  An assessment of the affect it would have on the property tax rates would be helpful to the residents when voting on the matter.  Jim Smith will look into putting this information together with an estimate of how it will affect the tax rates.  
  • There was some discussion on the pros and cons of combining the Fire and Rescue departments into one building.  One question that has been broached to the Town Manager is what will be done with the existing Rescue Building.  Jim stated that one possible option would be to make it a satellite building for law enforcement.  
There being no further discussion, the Public Hearing was closed at 7:35 p.m.
 
Call to Order
The meeting was called to order at 7:36 p.m. by Chairman, Ann Farley.
                                
I.      Roll Call
Present were Selectmen; Ann Farley, Jeff Harriman, Edythe Harnden, Dana Batchelder, Town Manager, Jim Smith and Recorder, Maureen Scanlon.  Guests present were: Jeff Fleming (Ward Hill Architecture), Jim Libby, Ted Greene, Phil Lowe, John Schrader, Denise Olsen, Fire Chief Ken Littlefield and Carl Dolloff.     
II.     Adjustments to the Agenda
        There were none.

III.    Written Communication
  • Approval of the May 3, 2011 Selectmen’s Meeting Minutes
Jeff Harriman made a motion to approve the May 3, 2011 Selectmen’s Meeting Minutes as presented.  It was seconded by Edythe Harnden.  Motion carried with all in favor.
        
  • Comments from the Public
Ted Greene mentioned that agenda Item #C under New Business concerns him.  He stated that the town should establish a management plan, but suggested that it may be a conflict to have the Wadsworth Woodlands company do both the forestry plan and perform the actual tree harvesting work.

  • Old Business
  • Town Beach Boat Inspection/Boat Wash Discussion
Jeff Harriman stated that he spoke to Peter Lowell from LEA (Lakes Environmental Association) regarding using our own labor versus LEA’s labor.  It was determined that it would be more cost effective to use our own attendant.  They are willing to train that person as an inspector.  Jeff does not believe there would be a charge for this training because it would be in their best interest to have someone there that knows what they are doing, especially since they will not be reporting back to LEA.  Jeff is waiting to hear back from Peter on training dates in order to move forward.  There was some discussion on who will be our attendant.  Ann Farley stated that she spoke to Brie Holme at the Portland Water District about obtaining a “milfoil sign” for the beach.  Jeff stated that he has been trying to get in touch with John Lucy about building a kiosk.     
                                        
  • New Business
  • Sebago Elementary School Planning Grant Discussion/Bid Award
Ann Farley stated that Allen Crabtree was successful in obtaining approximately $10,000.00 in grant funding to do a study on planning for the future of the Sebago Elementary School, in case it is turned back over to the town.  Ann reported that the town is currently seeking the services of a consultant to assist in evaluating the various options and costs for the future use of the school.  A pre-bid meeting was held which included a walk through the school.  There was some discussion on the various organizations that submitted proposals and their qualifications.   

Jeff Harriman made a motion to accept the bid for the Sebago Elementary School proposal from Wright, Pierce and GPCOG.  It was seconded by Edie Harnden.  Motion carried with all in favor.  NOTE: Wright, Pierce and GPCOG are actually subcontractors for “Planning Decisions” from Hallowell.   

  • Appointments to a Sebago Elementary School Planning Grant Committee
Ann Farley stated that since Allen Crabtree is not present at tonight’s meeting this agenda item will be tabled until another meeting.

  • Jesse Duplin of Wadsworth Woodlands
Jim Smith explained that Mr. Duplin of Wadsworth Woodlands recently approached him about the poor condition of several trees located on town property.  After conversing with Jesse, Jim recognizes the fact that we would be exercising due diligence if we looked into obtaining a proposal, whether it be from his company or another, for properly maintaining the trees on the town owned properties.  After some discussion it was agreed that good stewardship of the town owned properties does warrant the need for a management plan.  It was mentioned that the Sappi Corporation would be a good resource for this because they used to have a courtesy program where they would assist landowners in developing a responsible management plan.  There was some discussion on the difference between Tree Growth property and Tree Farm property.  The Board of Selectmen charged Jim Smith with moving forward in looking into this matter further and getting back to them with a potential plan, that includes the associated costs, for further consideration and possible approval.  

  • Award Public Works Storage Bid
Jim Smith stated that a mandatory pre-bid meeting was held to review the scope of this project with the potential bidders.  There was some discussion on the various contractors that were invited to submit a bid.  The opening of the sealed bid documents was witnessed by Deputy Clerk Lin Greene.  The results of the bidding were discussed and the Board agreed that the job should be awarded to the lowest bidder whose bid was $1,679.00 lower than the next bid.  There was some discussion on the bidding process itself.  

Jeff Harriman made a motion to accept the bid from Two Sons Construction in the amount of $26,131.00.  It was seconded by Edie Harnden.  Motion carried with three in favor and Dana Batchelder abstaining from the vote.     

  • Reports from Town Officials
  • Town Manager
None

  • Selectmen
Edie asked Jim Smith if the work on the roof for Dale Pierce, under the weatherization grant, would be put out to bid and he assured her it would be.  She also had spoken with Lowes and they were willing to give a discount on the materials.  She reported that the work on Arthur Pratt’s roof would have to be done under the next grant monies.  

Dana Batchelder noticed that the roof on the Public Works building, facing the school, needs shingling.  Jim Smith reported that part of the roof had been done and the money had not been in the budget to finish the job.  He will check to see if there is enough money left over this year to complete the project.  

Ann Farley reminded the Board that what is said in Executive Session remains in Executive Session.  There had been a quote circulating around town from the previous session, and per MMA there can be a civil penalty attached to this violation.  She reported that the Beach signs are here and also asked if the flags would be up for the Memorial Day weekend.  Jim stated that they would be.  

  • Committees
None

  • Executive Session pursuant to Title 1 § 405 (6) (A) to Discuss a Personnel Matter
Dana Batchelder made a motion to go into Executive Session at 8:15 p.m.  It was seconded by Jeff Harriman.  Motion carried with all in favor.  The Board came out of Executive Session at 9:29 p.m.

IX.     Adjournment
        Edythe Harnden made a motion to adjourn at 9:30 p.m.  It was seconded by Jeff Harriman.  Motion carried with all in favor.      

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

Note: These minutes are not verbatim.  A recording of the proceedings are available in the Clerk’s office during regular office hours.