Town of Otisfield
Board of Selectmen Meeting Minutes
October 3, 2012
1. CALL TO ORDER: The regular meeting was called to order at 7:01 PM. Hal Ferguson, Chairman, Rick Micklon & Lenny Adler present.
2. FLAG SALUTE
*Audience and Board members saluted the flag.
3. SECRETARY’S REPORT:
A. Meeting minutes from September 19, 2012. *Motion to accept minutes. RM/LA– Unanimous.
4. SPECIAL EVENTS
A. Junkyard Renewal Hearing- Three (3) renewals: Lenny Adler, Bolsters Mills Road; Peter Arnsten, Ivory Hill Rd; Richard Bean, Sr., Bean Road. Chairman HF opened the public hearing at 7:02 P.M. LA recused himself for the review of his own application. He then took a seat in the audience. There were no public comments. Chairman HF closed the public hearing at 7:07 P.M. Discussion: RM: CEO not in attendance, but RM is asking that Rich St. John, look at applications and initial each application stating he has no concerns. CEO has looked at all three sites but board wants to know he has no issues.
*Motion to accept and sign Peter Arnsten’s junkyard permit. HF/RM – Unanimous.
*Motion to accept and sign Lenny Adler’s junkyard permit. HF/RM – Unanimous.
*Motion to accept Richard Bean Sr.’s junkyard permit RM/HF – Unanimous.
B. General Assistance Appendices Hearing: Chairman HF opened the public hearing at 7:08 P.M. for the 2012-2013 Housing Appendices. MIM: 2 months ago we had an emergency hearing on the food and the maximums. This year the housing went up a little. BOS reviewed the appendices for the current year. *Motion to accept the 2012-2013 increases. HF/RM – Unanimous. Chairman HF closed the public hearing at 7:10 P.M.
C. Fire Station Roofing Bids: Two of the garages need roofs; a metal roof for Gore Station and an asphalt roof for Spurrs Corner. MIM gave out 3 or 4 spec sheets to potential bidders, but no bids received. *Tabled until an upcoming meeting.
5. COMMITTEE REPORTS:
A. Road Study Review Committee: Dan Peaco reported that the final meeting for this committee was held yesterday. They will have a presentation at the next BOS mtg.
B. Ordinance Policy Review Committee: An application was received from Diana Olsen. *Motion to appoint Diana Olsen for a (3) year OPRC term ending 06/2015. HF/RM – Unanimous. *TT will update web site.
6. DEPARTMENT HEADS:
A. None.
7. QUESTIONS/COMMENTS FROM THE PUBLIC:
A. NO parking signs: Phil Cornelivson, summer resident of Otisfield, has had problems at the intersection of Silvaqua and Shore Road. Quite often vehicles are parked at corner junction and my concern is a safety issue. If we have a structure fire, there are 2 dozen homes on the North-end of that junction. If fire trucks need to haul water through that junction we are in trouble. Can you do anything to alleviate that congestion? At one time there were two (2) “No parking” signs, but they have since been removed. HF: We have recently put up “no Parking” signs, and they have also been removed. BOS got legal advice from MMA and we need to put an ordinance in place before we can put them back up. It will go before the Ordinance Policy Review Committee on Thursday, October 11, 2012 @ 7:00 PM. This
is a public meeting.
B. NO parking signs: Gary Jackson, I own the home where you plan to put the signs. There have never been any “No parking” signs that I can recall. I have owned the property for 42 years. The only signs ever posted have been association signs. Gary put posts there because of erosion, and so people don’t drive into his driveway. HF: There are many times in the winter that there are as many as 6 to 7 cars there at a time. Gary: there are never cars there in the winter. I’ve been there longer than any of you and I get dumped on, but I like my driveway. A newspaper article from the advertiser democrat was placed on my vehicle, I felt this was a personal attack and I took it personally. It stated … cabin …black truck, and signs disappearing over the years. This was not deserved. Back 6
years ago when my kids were in college there may have been a lot of cars there, but not now. My children are all grown. HF: there is a trailer, a boat. They have impeded traffic. RM: is it street parking? Greg Braun: It’s grandfathered in; it’s not the personal driveway. Other than an occasional visit, we don’t come here in the winter. Wherever the cars are, there is a pile of snow. HF: When the culverts were put in, we were all (BOS, Ross Cudlitz and neighbors) down there looking. We agreed at that time, we wouldn’t put up a sign unless we got complaints. We have recently received complaints. Gary: The speed needs to be addressed, not the parking. The vehicles actually slow cars down. HF: these signs
are not directed towards you. No one can park there. Garry: we don’t have a driveway, we can’t get a driveway. RM: why can’t you put a driveway in? Gary; the road ends up in my yard. My neighbor has had issues since he put his in. The town’s culvert is washing the road out. Lots of water comes down there.
Greg Braun: Just so I’m clear, your point of view is that it’s within the town’s shoulder? On a town owned road. BOS: yes. RM: For background, so that you know, that culvert work wasn’t taken lightly or done quickly. Ross Cudlitz did a lot of work down there. Ross is one of the best engineers in the state. He is an inspector for the state. He designed it. Gary: our intent was to have a good working driveway, but because of the water we can’t. RM: during the walk down there, a neighbor across the street from you joined us. He added he would hate to see us narrow this more than we had to, because it’s a dangerous corner and he was concerned about safety. HF: because it’s a safety problem that has been brought to us by town people we need to address it. Currently we have no liability
because it’s in front of ordinance committee. We will have to post no parking signs. Gary: Are there any other areas in town that are a concern? HF: Yes, In front of the beach is another concern. LA: those roads were put in place by the developer, not the town, but we can all understand your frustration. Gary: I do take the comments personally, nothing I can do to stop the signs? Culvert helped the road, but made things worse for me as a homeowner. RM: I’m in construction and I’m a general contractor, camp road maint. , we could come up w/ something to put in a driveway. Gary: I have been told by CEO and Mr. Bean, that a driveway is not needed. HF; that’s true you don’t need a driveway and you can park anywhere that’s not posted. Greg Braun: So we are only worried about safety? CEO came a few years ago and said we would like you to put in a driveway. We asked if we had to and he said NO, you don’t have to, your grandfathered in and
don’t need to change anything. The lot is grandfathered. RM: you have a non conforming lot. Would like to think CEO was talking about your lot, not the parking on the road. Gary: I have parked there for years. I had a driveway, but could not maintain it because of the erosion caused by the culverts. Greg Braun: So you’re doing an ordinance? HF: yes, this month the Ordinance Policy Review Committee is reviewing this issue. Greg Braun: Right now, you don’t have the authority? LA: we could put them up, but we have no way of enforcing it. Gary: Where can we get a copy of the survey? BOS: You can get that from Cumberland county registry. It was Cumberland County when this survey was done. Greg Braun: You really don’t know what you’re going to come back with for an ordinance and that may be decided when OPRC meets? HF: That won't be in the Ordinance, the ordinance will be on how to enforce it. It has nothing to do w/ where it is posted. Gary:
and you think that’s the answer to the problem? HF: we have proposed posting at the foot of the hill and a short distance on both sides of Silvaqua Road. Gary: Reiterated, the parked cars slow vehicles down. They have never impeded traffic. HF: There is no way 2 cars can go by at the same time. Phil Cornelivson: If you are waiting for an ambulance. It takes time, and minutes do matter. Not trying to pick on one guy. HF: It's not just your vehicles, it’s so the general public does not park there. Emergency vehicles will not have a problem getting through. It’s a matter of public safety. Gary: No ambulance has never not been able to get through because of my vehicles. Speed is an issue, not my parking. HF: the road was designed for 2 vehicles to pass. 2 cars can pass each other if no vehicles are parked there. HF: I wish there was a magic solution, but we have to abide by what is best for the town people. You still have the possibility of driveway. Gary: yes
at a high cost. You have built the road up 2 feet since the culvert. Greg Braun: Will you give us the documentation before anything happens. RM we are on line and it will be available. Gary: How did the signs end up there? HF: They were posted by the town. Gary: I took them down and called Richard Bean to pick the signs up. HF: The signs were there in the 80’s. They were on the cut off telephone posts. Gary: My telephone posts. HF: I have been here since 99 and bought the property in 84. Gary: Have you seen the signs? HF: Yes I have seen the signs. Phil Cornelivson: I have also seen the signs posted. Herb Olsen: I’m on the Fire Dept and we have had a hard time getting through. An example was on Thanksgiving Day. Gary: I have nothing further to say. BOS thanked him for his input and apologized there was not more they could do.
C. Cell Tower Fees: HERB OLSEN: I would like to know as a tax payer what the Town has spent on the tower. MIM: Total legal fees to the town have been approx. 20 thousand over the two fiscal years. Herb: Does that include mailings or postings. MIM: it doesn’t. Herb: I just received another letter. I was confused since we are in litigation. BOS: we were also confused. RM: we should hear back from Maine Superior Court soon. Hoping to hear back from the judge, on whether we need to move forward and maybe when we can anticipate a response back from the court on the Planning Boards F.O.F. and C.O.L. We will have a meeting on the 18th if needed.
8. ADMINISTRATIVE ASSISTANT ITEMS:
A. Harvest Dance/Community Hall Application: Licensing & Inspection Division for the Harvest Dance. They will be putting in an application with the State because of the BYOB. There will not be an officer this year, as there have been no problems in the past. Last year the BOS made a Motion not to mandate that they have a Police Officer, unless it was required by Insurance. *Motion to sign the application for the Harvest Dance at the Community Hall. HF/LA – Unanimous.
9. ADJUSTMENTS TO AGENDA:
A. None
10. UNFINISHED BUSINESS
A. Municipal Garage update: Board agrees it is coming along nicely. Dan Peaco: concerned about the safety of workers and whose insurance it falls under. RM: The company provides insurance for their workers. They are under contract w/ the town and this was required by the Town. Lenny Adler: we need sign letters and border trim that should resemble the ash gray color. HF and RM agree this can be left up to Lenny.
11. SELECTMEN’S ITEMS TO BE DISCUSSED & VOTED ON:
A. Town Warrant: *Motion to sign Warrant #6 to pay the town bills. HF/LA – Unanimous.
12. QUESTIONS OR COMMENTS FROM THE BOARD:
A.
13. ADJOURNMENT: With no further business, the meeting was adjourned at 8:30 PM. HF/LA – Unanimous.
Respectfully submitted,
Tanya Taft, Secretary
Approved by:
Hal Ferguson, Chairman
Rick Micklon
Lenny Adler
Approved on October 17, 2012
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