11/06/06

SELECTMEN’S MEETING MINUTES                                                                                                              

November 6, 2006

PRESENT:  Ted Poirier, Ed LeBlanc, Angela Cushman

ABSENT:  Jim Trask, Jim Roberts

OTHERS PRESENT: John Boissonnault, Darrell & Lisa Whitney, Sheila & Scott Dube, Bud Waycott, Gaylen Hall, Jessica Coro from Smith & Elliott (representing Sheila & Scott Dube), Amos Gay

Selectman Ted Poirier declared the meeting open at 19:00

ANNOUNCEMENTS:

APPOINTMENTS:           

PUBLIC FORUM:

1. Sheila & Scott Dube and Jessica Coro, Smith & Elliott asked to speak about signing a pole application.  Selectmen have been advised from Town Attorney, David Ordway, not to sign any documents and advised the parties to contact the Town’s counsel on this case, Tim Murphy.  Jessica Coro formally put a forth a request for alternative trenching since the fact is this is a public road and to deny power and phone. Ted Poirier stated that the Selectmen are not denying and we have done everything that we could do legally wise. Ted communicated that the Town’s attorney stated the Selectmen have no involvement at this time that the issue will be handled by the lawyers (Tim Murphy and Jessica Coro).  Bud Waycott, a builder for 47 years, stated that he was involved with this Town recently and believes this an aftermath of what happened with him in this Town.  Not too long ago he was fighting for a public road with access to his land and the Gay’s were involved.  Bud feels that the Town is not doing the right thing.  These people had the permit, all the requirements to build this house, house was built and now the Selectmen are avoiding the issue.  Jessica Coro stated that because you are acting under advisement from your counsel, your hands are completely tied.  There is nothing we can say or do, no matter what you feel is right, the Selectmen are under advisement not to sign anything.  The Selectmen confirmed.  Sheila Dube asked whether the Town has the authority to put up a street sign for 911 purposes, so that if we have an emergency we can be found since our address was issued as 49 Steele Rd.  Scott Dube stated that there is a street sign pole already, just the sign is missing.  At the time the Dube’s were issued an address, Scott asked Jim Roberts why is my address Steele Rd and not Buzzell Rd. The answer was Steele Rd. is your 911 address so you need a Steele Rd. address.  Scott also asked Jim about having a Hill Rd address.  Jim’s response was that your address is Steele Rd. Sheila stated that they had submitted a written request to the Selectmen to have this done.  Scott asked the Selectmen did you specifically ask Tim Murphy if you could sign a pole permit, the pole permit that is in question. Jessica Coro stated that objection is to the actual poles and doesn’t understand why if we did alternative trenching.  There are no complaints against that and there is nobody saying they don’t want underground wires.  So, that doesn’t have anything to do with the court matter.  Darrell Whitney asked for clarification on who Ted talked with specifically.  Did you talk to Ordway and Ordway spoke with Murphy?  Ted stated that he spoke with Ordway and Ordway said that you need to speak with Murphy.  Darrell asked did you speak with Murphy?  Ted stated he did not speak to Murphy and that David Ordway as the Town’s attorney told him not to sign any documents and this matter will be handled by the lawyers going forward.  Jessica Coro stated that this not under advisement from your counsel, you are acting on your own decision.  Ted stated that David Ordway is still the attorney for the Town.  Lisa Whitney voiced her frustrations over the actions of the Town.  Ed LeBlanc communicated that the Selectmen will contact Tim Murphy tomorrow morning.  Gaylen Hall voiced his concerns over the actions of the Selectmen.  Jessica Coro stated that the Selectmen were willing to sign everything until the Town was served.  Ed LeBlanc responded that basically we made our decision 2 weeks ago. Then last Monday night we reviewed the letter received from Verizon during the previous week.  The Selectmen made a decision pending the outcome of the Verizon posting.  If no one complained the Selectmen would sign off.  If someone did complain we would consult our lawyer.   Jessica Coro asked whether he contacted a lawyer.  Ed responded that personally he did not contact a lawyer, but Ted Poirier did contact a lawyer.  Lisa Whitney again voiced her concerns about things not be taken care with the lawyer, why were the Selectmen not prepared for tonight and how they have been treated.  John Boissonnault asked for clarification regarding a meeting a couple of weeks ago.  John asked did the Gay’s offer at that point to allow underground trenching?  Ed LeBlanc stated that the offer was not made publicly.  

OLD BUSINESS:

1. Mike Souiliere, Road Commissioner was in to give an update.  Mike has taken care of the drain near the small portable.    The drain sits to high. The sand was cleaned out of the drain and stone was put in for drainage.  The work was completed today.  The cement blocks were installed at the transfer station.  Weight limit signs are on order.  All street signs are now on top of Stop signs.  Sheila Dube asked about a sign for Steele Rd.  A blue sign would be put up.  The Town would put up the first one and after that you are responsible.  Sheila asked if it is a Town road wouldn’t the Town be responsible.  The response was that the road is a private way.  Mike stated that a Town road is a road that the Town maintains.  That road would be a private way, so it would receive a blue sign.  The Hollis Rd sign was moved forward, because when the fire occurred last week the Saco Fire Department could not locate the sign.  Mike will be taking care of the gates and new signage at the transfer station.  Also, he will contact the consultant on any further improvements that need to be completed at the transfer station to meet the insurance company requirements.  Mike will be doing one more patching of the roads. 
2. Gaylen Hall asked is there a process to making the Steele Rd a private way.  Ed LeBlanc stated basically that the Steele road would be considered abandon from 1979.  There is access for vehicle and power.  The Selectmen made a motion to abandon the road in a previous meeting which was passed by the Selectmen.  A notice will need to be sent to abutters regarding this decision.  The process of abandonment has been started for Steele Rd. by the Selectmen and they are awaiting further direction from the Town’s attorney.
3. Ted Poirier communicated that mediation on the portable will now occur in January. The lawyers for Schavi have asked for more time to obtain additional depositions.   
4. The lawsuit filed against the Town by the Gay’s will be addressed by the Town Attorney.
5. A couple of more members are needed for the Growth Ordinance Board. John Boissonnault was added to the board as another resident and Skip Cushman was added as a School Board representative.
6. John Boissonnault gave an update on the carpet removal at school.  On Tuesday a meeting was held to make a decision on next steps of removal.  On Saturday Bio Safe removed the carpet. Testing was supposed to occur today in the entire building.

NEW BUSINESS:

1.      The 10/30/06 minutes were accepted by the Selectmen.

2.      Amos Gay was in to propose to locate the Town line with GPS and tie in with the State Planning Coordinates and publish with the CEO.  The Planning Board is in the process of amending the zoning ordinance to align with this work.  The proposal is to complete the work in 30 days and to plot the results on the tax map.  Ed LeBlanc made a motion to accept Amos Gay’s proposal, 2^nd by Ted Poirier; Passed 2/0.

SIGNED:

1.      11/01/06 Payroll Warrant.

REMINDERS:       

 ADJOURNMENT:   

  Motion by Ed LeBlanc and seconded by Ted Poirier to adjourn at 20:30.