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Board of Selectmen Minutes 05.18.16
   Town of Otisfield
Board of Selectmen Meeting Minutes
May 18, 2016

1. CALL TO ORDER: The regular meeting was called to order at 7:00 PM. Chairman; Hal Ferguson, Lenny Adler & Rick Micklon present.

2. FLAG SALUTE: Audience and Board members saluted the flag.

3. ACTION ON MINUTES:
A. Meeting minutes from May 4, 2016. *Motion to accept minutes. RM/LA – Unanimous.

4. SPECIAL EVENTS:
A. None.

5. BOARD & COMMITTEE REPORTS:
A. Planning Board: Chair: Karen Turino - RE: Proposed 2016 Shoreland Zoning Ordinance. This was approved by the Planning Board at the 5/10/16 meeting. The Planning Board requests that this proposed Ordinance be included as an article for approval on the upcoming Town Meeting warrant.  The reason for the proposed revisions to the current Shoreland Zoning Ordinance is the issuing by the Maine Department of Environmental Protection of a new set of guidelines adopted in 2015 for such ordinances.  The Mandatory Shoreland Act, 38 M.R.S.A. sections 435-499 requires all municipalities in Maine to adopt, administer, and enforce shoreland ordinances.  The Act further requires that municipalities adopt “ordinances consistent with, or no less stringent than, those minimum guidelines.”  Because of the newly adopted State DEP guidelines, Otisfield needs to approve a revised Shoreland Zoning Ordinance which incorporates the new 2015 guidelines. HF: We will provide copies for the public hearing, but there will only be 1 or 2 Copies of the Definitions Ordinance that was also changed available at public hearing. All agree.
B. Ordinance Policy Review Committee: Karen Turino: Joe Zillinksy will be sending the Definitions Ordinance along shortly that is to also have an article on the upcoming Town Meeting warrant.  
C. Finance Committee: Emergency Management budget was discussed. We have not used most of the approved funds in the last 2 years. This is an appointed position. Finance committee recommends $1,000.00 instead of the normal $3,500.00.

6. DEPARTMENT HEADS:
A. Fire Dept: Kyle Jordan: Our neighboring Town Harrison was down an engine in February so we offered to give them temporary use of Otisfield’s Engine 1 (Gore Road). Since then it has been returned and thank you letters have been received for loaning the Engine to them. Some concern was expressed from local citizens, but we did what we thought was right. Alvin Dennison, Long time FD member in Harrison sent some kind words along with the Harrison BOS and Harrison FD. Many appreciated the steps Otisfield took in helping out neighbors. Thank you cards will be posted at Spurr’s Corner.
B. Dan Peaco, Sexton – Interested in 4 or 5 trees being replaced at the Powhattan Road Cemetery. Concerned mostly about the (4) trees behind the new portion of the cemetery. RM contacted Eli Goodwin @ Goodwins Landscaping in Oxford to get them replaced. Eli is trying to find the best price and to do that he would buy it wholesale. He suggests O’Donnells if we wanted something now. If we wait, he can buy it wholesale for about $ 900-$1,200 the next time they harvest which would be in the fall. RM & Dan Peaco will work together on this.

7. QUESTIONS/COMMENTS FROM THE PUBLIC:
A. Robert Becker: 442 Gore Road: Abutter to the PB Applicant “The Wedding Barn”. This is a big deal. I attended the Public Hearing and last night’s PB Mtg. I don’t feel the abutters are being adequately heard. The process is not at all condusive to input from the community. This is at a very dangerous curve in the road. There has to be a larger forum for input from the community. Shouldn’t we be notified sooner? Impact on safety, noise nuisance, property values and dust nuisance. My biggest issue is the process and I ask that the BOS review the process and schedule another meeting. BOS oversee the PB and I’m requesting your help. HF: We do not oversee the PB. Boards and Committees are entirely different. The town people oversee the Boards and the BOS oversee the committees. The Public Hearing was open to the public and I was there listening. RM: I was PB Chair before BOS. Notification to abutters is done by the Ordinance. It is a step by step process. It is up to the public to inform themselves. It has been posted in the Newspapers, on the bulletin board out front the Public Hearing was placed on the big sign out front and Agendas and Site Walks are posted on the website. It is your duty to know what’s going on in your town but more specifically to your neighborhood. When the town people vote on an ordinance, the PB is given the direction to adhere to it, they can’t make it easier or more stringent. Robert Becker: We were told that our opinions matter, but there’s nothing in the ordinance that says they take our opinions. LA: There is a procedure to enact an ordinance. We have an Ordinance Policy Review Committee (OPRC) that can make suggestions. It does get reviewed before it goes to Public Hearing then it goes to Town Meeting. It’s a process of 4 steps before becoming enacted. The PB members are bound by the Ordinance. HF: You can get a petition to Town Meeting, it requires 10% of the voting members and you can recommend changes to the Ordinance. CEO handed Robert his card and asked him to stop in the office. He will show him the file as it is public record. Debbie David: Also a neighbor to the proposed “Wedding Barn” and is just as concerned. We are watching things happen at property and it’s as though they have already been approved. They are building a large deck. When we moved out here we wanted to be in the country. It’s not just a wedding in the summer, now it’s becoming the possibility of an ongoing thing. We want people to succeed, but we love Otisfield and where we live and it changes the atmosphere. It’s going to change the neighborhood a lot. CEO: They requested a permit for a deck. It meets the proper setbacks and a permit was given. HF: if they meet all the requirements, we can’t deny them that permit. Karen Turino: I am concerned that you didn’t feel we cared or wanted to hear what you had to say. The whole reason for the Public Hearing and letting you speak last night is because we wanted to hear the concerns and we did hear them. Robert Becker: Thanked the BOS and PB Chair for taking the time to hear his concerns and for helping him understand the process.  

8. ADMINISTRATIVE ASSISTANT ITEMS:
A. Saturday Pond Dam inspection: Dan Peaco: Confusion on the inspection report. Is this mandatory? RM: It is what they are recommending. Dan: To me, it looks like the rip rap is doing its job. RM: If you can’t see what they want, I have no problem with you writing back to them requesting more specific information. RM offered to go out and look at this with Danny. All agreed.
B.  Town Reports are available at the Town Office. (1) will be handed out per family.
C. Homestead Exemption: Effective as of 4/1/16. It would be fiscal year 2017 in our case.
D. Town Office and Pugleyville Fire Station will be power washed by Glenn Snow on Friday evening. The old sign will come down and the new sign will be going up. Dan Peaco recommends he be careful on lower side of the building. The siding is flapping in the wind and not secured to building. RM will call GJS to discuss.

9. ADJUSTMENTS TO AGENDA
A. None.

10. UNFINISHED BUSINESS
A.  None.

11. SELECTMEN’S ITEMS TO BE DISCUSSED & VOTED ON
A. Town Warrant: *Motion to sign Warrant # 21 to pay the town bills. LA/HF - Unanimous.
B.  Community Hall Fence: Estimate received from Double T Fence. *Motion to accept Double T Fence estimate for $1,400.00 for approximately 140 lineal feet of fencing at the Community Hall. RM/LA –Unanimous. Discussion: All agree this money will come from Heniger Park, Lot 4 funds.
C.  CEO: Junk Yard Ordinance: Violation on 314 Cobb Hill Road, Tax Map U7, Lot 01: CEO spoke to Town Attorney and he suggested sending a letter stating they have been notified and legal action is the next step. RM: We support you in the process. To date (2) letters have been sent. This will be the 3rd letter. If nothing happens in 7 days Town Attorney will begin the next process. *Motion that the Town Attorney with the assistance of CEO will draft letter to initiate legal proceedings, pursuant to tax Map U7, LOT 1, specific to Junk Yard Ordinance. RM/LA – Unanimous.  
D. Heniger Park transfer of lots # 5 and # 17 . These are the 1st of the 99 year lease we have done.
1) Heniger Park, Lease transfer; Lot #5 being transferred from James and Shirley Boyce Property to Sean & Margaret Watson. *Motion to sign the lease transfer. HF/LA – Unanimous.
2) Heniger Park, Lease transfer: Lot #17 being transferred from JAHAKABI, LLC  to (4) individuals, Karen Macgregor, William Macgregor, Janet Miliano and Jill Johnson. *Motion to sign the lease transfer. HF/RM – Unanimous.

12. QUESTIONS OR COMMENTS FROM THE BOARD
A. Electrical @ Community Hall: HF: Seth Field of Field Electric had to order (2) circuit breakers for the fire suppression system. Circuit breaker kept tripping at the Community Hall last weekend during an event and needs to be rewired. HF to contact SF.
B. Oxford County Recycling Meeting: LA, it takes an 80% vote from participants to ban this. They are going to get a legal opinion. I think it’s 80% of the Towns. All towns have to vote at town meeting 75% affirmative within 3 months for it to disband. If, it is done, it will be effective 07/01/2017.
C. Next Monday night meeting with Casco about the Pleasant Lake Dam bids @ 7:00 PM.
D. Town Meeting June 25th: HF: Fire Chief; will do the flag salute and Patty Dyer- Haggerty will do the prayer. All agree.
E. Town Easement: HF: Otisfield owns the damn, but we should request Maine Survey Consultants, Del Maxfield to do a title search. RM will contact him.
F. Fuel oil prices: Municipalities usually pre-buy and lock in the prices ahead of time and that is what Otisfield intends to do, but not with the County and SAD 17. RM has spoken with Bryant Energy to get prices for next winter’s fuel oil and Anne will be calling several places in June. Prices should be locked in for the  Town Office, Community Hall, (3) Fire Stations and the Town Garage. All agree. RM & AP will report back on this.  

13. EXECUTIVE SESSION:
A. Motion to enter into executive session pursuant to MSRS. *Motion to close executive session by___ 2nd___, All Y-N. Discussion: *There was no executive session held at this mtg.

14. ADJOURNMENT. *Motion to adjourn at 8:35 PM. HF/LA -Unanimous.

Respectfully submitted,
Tanya Taft, Secretary
Approved by:

Hal Ferguson, Chairman  
Rick Micklon  
Lenny Adler   

Approved on June 1, 2016