Board of Selectmen Meeting
MINUTES
SEBAGO BOARD OF SELECTMEN’S MEETING
6:00 PM
TOWN OFFICE
TUESDAY, SEPTEMBER 4, 2018
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 by Chairman, Tim Mayberry, at 6:00 pm.
I. ROLL CALL
Present: Selectmen; Edythe Harnden, Phil Lowe, Tim Mayberry and Chris Parker, Town Manager, Michele Bukoveckas, Town Clerk and Recorder, Maureen Scanlon
Guests present: Claudia Lowe, Jim & Angela LaPointe, Karen Moore, Jim Libby, Ken Hoch, Linda Horowitz, Nick Harrington, Norma Sicotte, John “Jock” MacGregor, Public Works Director, Wayne Allen, Public Works Assistant Director, Tim Anderson, Code Enforcement Officer, Brandon Woolley.
II. ADJUSTMENTS TO THE AGENDA
There were no adjustments to the agenda.
III. CONSENT AGENDA
Approval of the August 7, 2018 Selectmen’s Meeting Minutes
Edie Harnden made a motion to approve the August 7, 2018 meeting minutes as presented. It was seconded by Phil Lowe. Motion carried with all in favor.
Approval of the August 14, 2018 Selectmen’s Meeting Minutes
Edie Harnden made a motion to approve the August 14, 2018 meeting minutes as presented. It was seconded by Tim Mayberry. Motion carried with all in favor.
IV. COMMENTS FROM THE PUBLIC
Jim Libby asked if the meeting minutes could be made available for public review before they are approved by the Board of Selectmen. Phil Lowe stated that draft copies of the minutes are available upon request. The Town Manager stated that the minutes do not get posted on the town’s website until they have been approved and that this is the common practice in most towns. The Board will consider this matter and discuss it at the next meeting.
Ken Hoch stated that several members of the audience were present to address the Winter Road Maintenance matter that will be discussed by the Board under “New Business” agenda item A. He asked if they will be allowed to speak during that portion of the meeting or should they bring their concerns forward now. Tim Mayberry stated that the audience members would be allowed to express their concerns to the Board’s attention during that portion of the meeting.
V. OLD BUSINESS
There were no “Old Business” agenda items.
VI. NEW BUSINESS
Winter Road Maintenance Discussion
Tim Mayberry invited Mr. Hoch to advise the Board of his concerns in this matter. Mr. Hoch stated that it is actually two fold. The first is that the Town Manager stated that there was going to be no more plowing of the private portion of Taylor Road starting this winter and he assumes that this is what this (agenda item) discussion is about.
Tim Mayberry stated that basically there are approximately twenty roads, more or less in town that are Public Easement roads. Ninety-nine percent of them, when we maintain them all winter might have some damage occur, such as tearing up someone’s lawn or damaging their mailbox. People take care of it, and it’s not a problem. If we get into a place where the turnaround is not good or the ground is too soft, and we start having problems, by State law we are not obligated to maintain it or repair the damage. It comes down to the fact that we are not going to go through an exceptional amount of trouble to keep plowing a (public easement) road, if that’s what it takes to plow the road. Tim stated that the Board has not voted yet not to plow it. Everyone on the Board has received a copy of the letter from Ken Hoch and Linda Horowitz regarding their concerns about the winter maintenance of Taylor Road and they will be able to give input on the matter in a few minutes, but that is pretty much the legal end of it.
Tim mentioned that he hasn’t been able to go to the location to look at the situation yet. Mr. Hoch stated that you’re not going to be able to see much now, as he explained in the letter. He further stated that this is how he sees it. The town has been plowing the roadway since before he moved here, (Angela LaPointe interrupted him and stated that it has been since 1978), so it’s not much trouble. It is only a few houses past where the town road ends to the end of the private portion of the road. We’ve always cleaned up the mess left by the town’s trucks, at our own expense; usually $100.00, $150.00 and sometimes $200.00 dollars.
Then one year, during the winter of 2016 – 2017 there was extensive damage and you couldn’t even get to our buildings. He and Linda spent many hours trying to fix the damage before determining that it was too big of a job for them and they hired someone to fix the damage. They then went to the town and asked if there was anything that they could do about it. The town said, “Sure, we harmed it, we’ll fix it.” “So they did; only the stuff that was used didn’t even last a year, so it got torn up again the following year.” “So, all I’m suggesting to the town is to fix it since I believe the damage was due to the town not being careful during the plowing.”
Tim Mayberry stated that he has had the experience of plowing the town roads after spring storms and they are not easy. Mr. Hoch interjected that the road did not have to be plowed. Tim stated that if Mr. Hoch feels as though the road does not have to be plowed, it would be helpful if he called and relayed that information to the Public Works crew, because when the town heads out to plow, they really feel as though it is important to get out and plow everything that they are supposed to be plowing.
Mr. Hoch stated that his feeling was that when the damage occurred for the second time, he felt as though the way to fix it would be to put down some actual paving. Tim Mayberry responded that this gets real sticky because legally the town is not allowed to pave on private property. Mr. Hoch responded, “What I’m saying is, let’s forget all that, but what bothered me was being told that we are not going to fix it because we don’t have any responsibility because it is a private road. If the town says, yes, we’ll keep plowing it; I’m perfectly willing to keep cleaning up the mess.”
There was further discussion on this matter amongst the Board with input from the Public Works Director, the Assistant Director, and Mr. & Mrs. LaPointe, who also live on the private section of this road. Phil Lowe explained what is defined as winter maintenance for Public Easement roads and what constitutes a Public Easement road.
It was noted that this location is a problem with spring storms and Mr. Hoch reiterated that he would continue to repair the damages if the town will continue to plow the road. He will also contact the Public Works department if he feels as though plowing is not required. The Public Works crew will also use a smaller truck if necessary in the spring when the ground in this location is much softer.
Phil Lowe suggested that the property owners form an association so that there is a contact person to speak with instead of going to every property owner individually when an issue needs to be addressed.
Tim Mayberry concluded by confirming that the town will continue to plow this small portion of the road with any damages being repaired by the property owners, with the understanding that a concerted effort will be made not to cause any unnecessary damage to the roadway on the town’s part.
Setting the FY 18-19 Tax Rate
Town Manager, Michele Bukoveckas, referred to the memo that she had distributed to the Board which shows the real estate and personal property valuation for the town as going up. She explained that she is recommending setting the tax rate at a mil rate of 13.15 which is a twenty cent increase or $20.00 on a $100,000.00 dollar home and is the lowest rate that the town can go.
Tim Mayberry made a motion to set the tax rate at 13.15 as recommended by the Town Manager. It was seconded by Phil Lowe. Motion carried with all in favor. The appropriate documentation was signed by the Board.
Encroachments on School Property Discussion
The Town Manager described the encroachments that she has observed on the abutting property to the School property. After some discussion, the Board decided to have the town’s attorney draft a letter to the property owners acknowledging the fact that the town is aware of the fact that they are encroaching on the School property and they will be allowed to continue to do so until it becomes a problem. A draft letter will be brought before the Board for final approval.
While discussing the matter of encroachments, Brandon Woolley brought up the matter of docks at the end of rights-of-ways, and specifically the dock at the end of Spider View. The recently passed policy to address the dock at the end of Spider View has caused concern about docks that are located at the end of other right-of-ways. Brandon explained that this policy is basically worthless and why it is essentially unenforceable. The Board decided to revisit this matter in a workshop forum at the October 16th meeting that is already scheduled as a workshop to discuss the proposed Public Safety building.
Appointment to the Cable Franchise Committee (vacated by Ann)
Michele Bukoveckas explained that this is a committee that only meets occasionally and the position vacated by Ann Farley needs to be filled. Edie Harnden nominated herself to fill the vacant position on the Cable Franchise Committee. It was seconded by Phil Lowe. Motion carried with all in favor.
E. Cable Ordinance/Franchise Agreement Discussion
Copies of the Cable Ordinance and Franchise Agreement were distributed to the Board prior to this meeting. This documentation has been reviewed by the town’s attorney and Code Enforcement Officer. The Town Manager recommended that there be a Public Hearing held at the first Board meeting in October and stated that this is one of the very few ordinances that does not get approved at Town Meeting, but is approved by the Board of Selectmen.
VII. REPORTS FROM TOWN OFFICALS
A Town Manager
CMP has to do a transformer upgrade for the solar array (currently scheduled for Sept. 24th). In the PPA it was included in the project. It was stated that they forgot to add this to our cost when Sebago opted for the turnkey. The upgrade will cost $934.55. I have taken the funds from the CIP building account. Once the invoice is paid, and the transformer is upgraded, ReVision will begin the install (hoping to start last week of September). Jo at ReVision said she will try to help recover this cost.
We did receive one call where the individual claimed they got sick after swimming at the Town Beach. It is recommended to close beaches when levels are over 235 cfu/100 ml. The test results were 2 cfu/100 ml; therefore, the beach is fine. The town beach will be tested by the Portland Water District on a regular basis from May to September.
This week will be the last week I will have the beach monitored until Memorial Day. The dock will be removed before Columbus Day.
The Town received a check from the Worker’s Comp Fund from MMA in the amount of $1,074. I would like to thank the staff for their diligence in working in a safe manner which helped make this check possible.
CIP worksheets have been distributed to Departments. I will be bringing these proposals to the first meeting in October for the Board to vote on. I hope to begin CIP meetings in November.
I have acquired 80 free chairs from Cumberland County surplus. They are being “cleaned” up. Not sure if I will use them here, or replace some of the current chairs at the Town Hall.
Met with Mary Jewett (LEA) at the Town Beach/Launch. Our Town Beach does have an infestation of milfoil and other aquatic plants. She stated that this would definitely help Sebago qualify for a boat inspector grant. She will be speaking with the DEP and help us get the funding. This grant with a town match would enable us to increase the hours at the Town Beach. I have been approached with the idea of charging for non-residents to use the launch. A fee of $20 has been suggested ($10 each way). This could also off set the beach attendant. It would also require an amendment to the Beach Ordinance……something to think about.
The “green” safe is empty; I recommend that the safe be donated to the Historical Society. The safe has been here long before I started working for the town 20 years ago and I feel it is only right that it be donated to them. Your thoughts?
The Board agreed to donate the safe to the Historical Society.
Town Hall will be closed the week of September 10 - September 14 so the flashing around the chimney can be repaired as well as the sheetrock on the right side of the stage. After this is done, I will be soliciting bids to paint the gym.
The Town Clerk mentioned that there have been further complaints about the name of the Town Hall building and the continued confusion that it causes with the Town Office building. Improvements in signage were discussed. The Town Manager will look into this matter further and report back to the Board.
At some point in the near future (probably after the election), I would like to host a training session for all Board Members, office staff, and others for basic NIMS certification. There are many grants we could apply for, but we must be certified to apply. The basic class is about 1.5 hours and Cumberland County would do the training free of charge.
Due to upcoming schedules, we will be meeting only once this month. October 2nd will be a public hearing on the Cable Television Ordinance and the new General Assistance Levels of Assistance along with other matters that need addressing. The second meeting – October 16th will be a Public Safety Building Workshop. We will then commence the winter schedule of one meeting a month (unless an emergency comes up) due to the beginning of the CIP and Budget meeting cycle.
B. Selectmen
Chris Parker had nothing to report.
Tim Mayberry had nothing to report.
Phil Lowe expressed concerns about the town beach situation and feels as though more needs to be done next year which includes providing more funding to do so.
Edie Harnden stated that she spent quite a few days at the town beach this past summer and did not find any notable problems other than people putting their boats in early in the morning without having a town pass sticker to do so. This problem was addressed right away by the Town Manager. There was some discussion on options for future usage of the town beach. The Board agreed that this is an item that will be addressed at a future workshop.
Edie also thanked everyone that was involved or attended the recent Harvest Dinner. Approximately $1,600.00 was raised which makes it the most successful fund raising Harvest dinner to date.
C. Committees
Nothing reported.
VIII. Adjournment
Tim Mayberry made a motion to adjourn at 7:22 pm. It was seconded by Phil Lowe. Motion carried with all in favor.
Respectfully submitted,
Maureen F. Scanlon
Town Clerk