Poland Board of Selectmen
Minutes of Meeting
July 17, 2007 – 7:00PM
CALL TO ORDER
Chairman Lionel C. Ferland, Jr. called the meeting to order at 7:00PM with Selectmen Sandra Knowles, Wendy Sanborn, Erland Torrey and Joseph Cimino present.
~
Also present were Town Manager, Dana Lee, Buffy Morrissette, Larry Hancock, George Twine, Richard & Nancy Fraser, Coleen & Fred Walther, Joan Houston, Wayne Cotterly, Willie Rice, Attorney Devine, Attorney Dench, Joel Dulberg, William Stubbs, Rebecca Moran, Doris & Greg Herrick, Paul Dupuis and Glenn Peterson.
Meeting: Attorney Devine and Ivy Brown
Mrs. Brown and her attorney presented to the Board new information regarding the location of the property line between Mrs. Brown’s property and the adjoining property referenced as map 9, lot 5. Mrs. Brown had a new survey completed on the property and stated that the corrective deed the town issued in 2005 was not correct. Mrs. Brown and Attorney Devine felt there was evidence to dispute that the corrective deed issued by the town was not handled properly and feel the town is responsible for the line discrepancy. Attorney Devine stated that the Board should take responsibility for the issue and work with the Brown’s to find a solution.
Attorney Dench spoke on the issue and in summary stated that in prior research of these properties the 1998 deed showed a property line as 210’, which was not consistent with the measurements discovered through a mortgage inspection survey. Upon the conclusion of the inspection it was determined that the property line was 29 rods or 478’ which is similar to the new survey Mrs. Brown recently had done. A corrective deed was prepared and filed by the town’s attorney and it was resolved then that the town had done nothing wrong and did not engage in any wrongful conduct.
Mrs. Brown is currently concerned about trees that were taken down by her neighbor on which she feels is her property. It was stated in past minutes that the lot in question was not a buildable lot. The Board would like it investigated as to how it was determined to be a buildable lot. It was noted that the lot could be one that was grandfathered and even if it wasn’t the time allowed by law to request an appeal has already passed.
Based on the fact that there is still information that needs to be looked into Selectmen Cimino moved to defer the issue and instruct the Town Manager to arrange a meeting with Mrs. Brown and the attorneys to see if the issue can be resolved. Selectman Sanborn seconded the motion. Discussion: Selectman Knowles did not feel this was a cost effective move, the town should not spend any additional funds because the town, as it was stated earlier, was not responsible for any wrong doing and the deed was correct. Selectmen Torrey and Ferland signed the deed in question and would abstain from voting on the motion.
Vote: 2-yes 1-no (Selectman Knowles voted in the negative.) 2-abstained (Selectmen Torrey and Ferland)
Attorney Devine was asked to submit a solution to the Town Manager and he would schedule a meeting from there.
Recognition of Visitors – The Board elected to move this item up on the agenda because of the volume of residents in attendance. Paul Dupuis thanked the Selectmen and staff for the nice retirement party they had for retiring Town Manager, Richard Chick. Other residents spoke to the event, Glenn Peterson felt it should have been put to a town vote and was concerned it was not even put to a Selectmen vote. Chairman Ferland apologized for the way it was handled. Nancy Fraser asked for an explanation as to the retiring agreement between the town and Mr. Chick. The Board explained that he received payment of any accrued vacation and sick time, and elected to have the town pay its portion of his health insurance for the next five years. Several residents in attendance were upset with this and felt
the decision should have been that of the townspeople and should be changed. It was noted that the agreement is a lawfully made and binding contract.
Executive Session – Poverty Abatement – The applicant did not show. Selectman Cimino moved that meetings with an Executive Session on the schedule begin one half hour earlier (6:30PM) in order to complete the regular business portion of the meeting. Selectman Sanborn seconded the motion. Discussion: None.
Vote: 5-yes 0-no
Assessing Business – Abatement
Selectman Sanborn moved to grant the abatement for Affordable Homes, Inc., account #2974, map 11, lot 5-23 in the amount of 296.07 plus interest. Selectman Torrey seconded the motion. Discussion: None.
Vote: 5-yes 0-no
Reports and Communications
Town Manager/Road Commissioner’s Report (report is available upon request) – The Town Manager gave a verbal presentation to the Board of his report. It was noted that the results of the items for sale bid would be presented at the next meeting. The Board also agreed with the Town Manager that a Finance Committee would not be needed at this time given the assistance the town is receiving from the new auditing firm and the reorganization of the town’s financial operations. In reference to the town revaluation Selectman Cimino expressed that it be a priority to provide information to the public early and in a timely fashion.
The Town Manager also added to his report that the chamber in the Town Hall furnace will need to be replaced. He also reported that the town is now receiving a return of 4.89% having transferred all accounts to Northeast Bank.
Financial Report
The Board will receive the FYE 2007 report at their next meeting.
Departmental Reports (By Consent Vote): Fire / Rescue, Public Works, County Communications, Animal Control Officer, Recreation, Code Enforcement Office, Law Enforcement, Road Commissioner, LPIA Report, Revenue Control and Appropriations Control Report, Reports and Minutes from Municipal Boards and Committees. Selectman Cimino moved to accept the June 2007 reports. Selectman Sanborn seconded the motion. Discussion: None.
Vote: 5- yes 0-no
Communications - The following materials were included in the meeting packets:
Casco Bay Estuary Partnership Plan 2006
Email Update on FYE 2005 Exit Conference
OLD BUSINESS
Town Hall Ramp - The Town Manager reviewed the files surrounding the construction of the Town Hall Ramp and concluded that there is no value in going back over the steps taken at the time trying to surmise what went wrong but to accept the failed product and move forward. His plan is to evaluate the current situation of the ramp and the entire Town Hall building and come back to the Board in the fall with a solution.
“Public Listening Session”
August 1st, (Wednesday), 6:30 PM the PRHS auditorium. The Board agreed to this date.
Estes Bog Brook #5 Dam Emergency Action Plan & Town’s Legal Position on Dam
Selectman Sanborn moved to accept and sign the Estes Bog Emergency Action Plan as presented. Selectmen Torrey seconded the motion. Discussion: None.
Vote: 5-yes 0-no
New Business
1-Day Liquor Licenses
Selectman Torrey moved to authorize the Town Manager or Town Clerk to approve and sign 1-Day Liquor Licenses on behalf of Board. Selectman Sanborn seconded the motion. Discussion: It was explained that a one day liquor license is requested primarily from businesses who already posses a liquor license through the town but the event they are hosting requires a additional license for that day.
Policy Regarding Use of Waste Fill on Resident’s Property
The Board and Town Manager discussed the need for a new waste fill request system. The Board would like to adopt a policy that addresses the guidelines of fill distribution to residents. Resident Doris Herrick inquired as to what the Town’s liability if the fill was contaminated. It was stated that under most circumstances it would be a civil matter. The Town Manager will see if DEP offers some guidelines relating to this issue.
Reclaiming Snow’s Pit
The Town Manager reported that 40% of Snow’s Pit is reclaimed. Dana will continue to look into the use of the pit.
Review of Town’s Property & Liability Insurance
Dana reported that the town’s insurance is in good shape. He will be updating coverage on some of the insured inventory.
Payables
Selectman Torrey moved to approve the bills payable from July through July 17, 2007 in the amount of $698,071.17. Selectman Knowles seconded the motion. Discussion: Selectmen Cimino and Sanborn expressed that they did not support the retirement dinner held for Richard Chick and that although they were in favor of the rest of the payables they would not be voting in favor of the payables.
Vote: 3-yes 2-no (Selectmen Cimino & Sanborn)
Any Other Business
None.
Adjourn
Selectman Torrey moved to adjourn at 10:10pm. Selectman Sanborn seconded the motion. Discussion: None.
Vote: 5-yes 0-no
Recorded by: Rosemary E. Roy
Board of Selectmen
________________________________ ________________________________
Lionel C. Ferland, Jr., Chairman Erland M. Torrey, Vice Chairman
________________________________ ________________________________
Sandra T. Knowles Wendy S. Sanborn
________________________________
Joseph F. Cimino
| 
