Vassalboro Select Board
Minutes of the Meeting
February 25, 2009

Members Present: Libby Mitchell, Lauchlin Titus, and Rob Browne

Others Present: Mary Sabins, Mary Grow, George Gould, Paul Mitnik, Gene Field, Mike Vashon, Sarah Luce, Dennis Crosen, and several other members of the Dam Road Association.

  1. Call to order – The meeting was called to order by Chairman Mitchell at 7:00 p.m.

  2. Minutes – On a motion made by L. Titus, seconded by R. Browne, the Board voted unanimously to approve the minutes of the 2/11/09 meeting as

  3. Treasurer’s Warrants – On a motion made by L. Titus, seconded by R. Browne, the Board voted unanimously to approve warrants #50 and #51.

  4. Reportsa. The Status Report was read and reviewed. b. The Road Report was unanimously accepted on a motion made by L. Titus and seconded by R. Browne. c. The Financial Report was read, reviewed, and accepted unanimously on a motion made by L. Titus and seconded by R. Browne. L. Mitchell gave an update on upcoming November referendum ballot issues that may affect our budgeting process including the possible change in the motor vehicle excise tax collection laws.

  5. New Business – (items taken out of agenda order)
    a. Appeal Hearing – Chairman Mitchell opened the hearing by requesting that the appellant, Sarah Luce, state her version of the violations that are purported to have occurred when the Local Plumbing Inspector (LPI) issued a permit for a septic system to Laurah Brown on the Dam Road. Sarah expressed concern that the proposed septic system will be too close to her new well and that her well water will be at risk due to the septic system being located at less than the 100’ setback. Discussion was given as to the condition of the Luce’s former well, the chosen location for the new well, and who made the decision to locate the new well where it is. LPI Paul Mitnik presented a copy of the current State Plumbing law that allows a septic system to be located 60 feet from a well. The proposed system will be 69 feet from the Luce’s well. Upon inquiry from Chairman Mitchell, LPI Mitnik stated that in his professional opinion, the existing well and the new septic system can co-exist. The Dam Road Owners Association also presented their opposition to the location of the proposed septic system stating that the system will be near the road and will cause a problem during their snow plowing activities, and they are concerned about destroying the leach field by driving over it. L. Titus suggested that an extra layer of loam over the new system may alleviate the problem. After nearly two hours of discussion and presentation of facts, and on a motion made by L. Titus, seconded by R. Browne, the Board voted unanimously to deny the appeal and to uphold the Local Plumbing Inspector’s decision to issue a subsurface wastewater disposal system to Laurah Brown for her property on the Dam Road. This decision was based on their determination that the LPI did not violate any State or Local Plumbing Laws when he issued the permit.
    b. Public Works Director Gene Field was present to discuss the paving plan for the upcoming year. The Board approved Gene’s plan for the work to be done and suggested that bids be sent out within a week or so to get an early bid price.
    c. Drafts of two similar samples of proposed Nudity Ordinances were briefly discussed. Chairman Mitchell requested that Sabins blend the two drafts together and put the subject matter on the next agenda for discussion.
    d. Code Officer Paul Mitnik asked the Board for direction in creating the Sign Ordinance that they had requested to be written to propose to the voters at the June Town Meeting. After discussion the Board agreed by consensus that a separate ordinance is not necessary at this time, and in the event the building ordinance is amended in the future, a small section could be added to that ordinance addressing any needed sign regulations.
    e. After discussion, and on a motion made by L. Titus, seconded by R. Browne, the Board voted unanimously to authorize Sabins to move forward with the survey of the Webber Pond Boat Launch property and to use the alewife revenue to pay for it so the ME Dept. of Conservation renovation project can proceed.
    f. After discussion about the origin of the Town Budget Committee in 1915 by the Town voters and reviewing the written advise of the MMA Legal Staff that only the voters can change the number of positions on the Committee going forward but the Selectmen can choose to appoint or not to fill a vacancy, the Board agreed by consensus that they will not fill the current vacancy on the Committee that was created when Lauchlin Titus was elected to the Select Board. Leaving the position vacant will allow a trial run of the Budget Committee with a reduced number of members to determine if the Committee can function as well with less number of members.
    g. On a motion made by L. Titus, seconded by R. Browne, the Board voted unanimously to sign the delinquent dog license warrant with 183 unlicensed dogs listed.

  6. Other items1. Mowing bid – The Board agreed that the mowing work must be put out to bid due to the Procurement Policy presently on the books. Sabins will work on creating the bid specifications. 2. Dissolution of the School Union 52 Interlocal Agreement – Sabins provided an update that the School Committee had voted to have both the Selectmen and the School Committee sign the dissolution agreement. A commercial appraisal will be conducted on the Superintendent’s office building. 3. Telephone service – After performing research, Sabins has discovered that telephone service through Time Warner Cable can save the Town about $100 per month for the five telephone lines at the Town Office. The Board authorized Sabins to proceed with the change after due diligence in research about the quality of the telephone service.

  7. Adjourn – There being no further business to discuss, the meeting was adjourned at 10:20 p.m. Due to the late hour, the Board decided to cancel the budget work session that was to take place at the end of this meeting. The budget work session will take place next Wednesday, March 4th at 7:00 p.m.


These minutes were read and accepted by the Select Board on 3/11/09 with the following amendments: None.