Vassalboro Select Board
Minutes of the Meeting
September 23, 2009

Members Present: Lauchlin Titus, Phil Haines, and Rob Browne (7:12)

Others Present: Mary Sabins, Paul Mitnik, Mary Grow, Dick Phippen, George Gould, Chuck O’Neal, several Coyote Ridge Road residents, Gregory O’Halloran, and Marcia Wooley.

1. Call to order – The meeting was called to order by Selectman Lauchlin Titus at 7:04 p.m. in the absence of Chairman Browne and assumed the duties of Chairman of the meeting.
2. Minutes – On a motion made by P. Haines, seconded by L. Titus, the Board voted unanimously to approve the minutes of the 9/9/09 meeting as written.
3. Reports – a) Status reports – Acting Chairman Titus passed over this item until Chairman Browne arrived. b) Road report – After brief discussion and on a motion made by P. Haines, seconded by L. Titus, the Board voted unanimously to accept the road report as written.
4. New Business – a) Auto graveyard and auto recycling permits – At 7:08 p.m., the Board opened the public hearing. Code officer Paul Mitnik recommended approval for all of the applicants. There was no public comment. On a motion made by P. Haines, seconded by L. Titus, the Board voted unanimously to approve the permits below subject to Paul’s recommendations:
   
   Automobile Graveyard Permits:
   Ron’s Parts Inc. at 510 Main St; Tax Map 12, Lot 3
   Garnett Motors at 1616 N Belfast Ave; Tax Map 9, Lot 90
   Bondo’s at 471 Taber Hill Rd; Tax Map 8, Lot 13
   Freddies at 163 S Stanley Hill Rd; Tax Map 12, Lot 22
   Autowerkes at Ritch Rd; Tax Map 9, Lot 105
   Antiques of Maine at 148 Priest Hill Rd, Tax Map 8, Lot 158
   Weeks Mills Garage at 1499 Riverside Dr; Tax Map 2, Lot 86
   And the following Automobile Hobbyist Permits:
   Keith Lemieux at 79 Priest Hill Rd; Tax Map 8, Lot 151
   Eldred Getchell at 34 Evans Rd; Tax Map 8, Lot 3
   Richard Cain at 358 Hussey Hill Rd; Tax Map 7, Lot 108
   
   CEO Mitnik also informed the Board that former permit holder Herman Dyer was supposed to have all of his vehicles removed by August and did not make the deadline. Paul spoke with the company that Mr. Dyer hired to remove the vehicles and they said the land is too wet to remove the cars. Paul recommended that an extension be given to Mr. Dyer to the end of January when the ground is frozen. After discussion about the time of year when the ground will be solidly frozen, the Board accepted P. Haines’ suggestion to give an extension until the end of February.
   
   Chairman Browne arrived at the meeting during the signing of these permits and joined the other Selectmen in progress. He assumed his duties as Chairman of the meeting.
   
   New Business (continued) b) Code Officer Paul Mitnik explained that Greg O’Halloran was asked to attend the meeting because he has missed several deadlines given by the Town Planning Board to remove a pile of asbestos located on his Stone Road property as a result of razing a chicken barn. Greg stated that he was having trouble lining up contractors to do the work and he needed more time to get the work accomplished. Greg suggested he would provide an amended consent agreement for the Selectmen to sign stating that he will give the town $5,000 to hold as collateral and if he doesn’t complete the work, the town can use the money to dispose of the asbestos. The Selectmen rejected this proposal stating they did not want to be responsible for disposing of the asbestos. After more discussion, and on a motion made by P. Haines, seconded by L. Titus, the Board voted unanimously to sign a new consent agreement with Greg O’Halloran that includes no sale of lots at his Stone Road Property, no permits will be issued at the Stone Road Property, and the asbestos cleanup deadline is December 1, 2009. The fine will increase to $2,000 if the asbestos removal work is not done by December 1st. Greg O’Halloran agreed to these terms and he will rewrite a new agreement for signing at the next Selectmen’s meeting. c) Tax abatement – On a motion made by P. Haines, seconded by L. Titus, the Board voted unanimously to approve a 2008 tax abatement for account #178 in the name of Julie & Timothy Booker as the tax is considered uncollectible. d) Cemetery Committee appointment papers – The Board signed appointment papers for a term length through June 30, 2010 for Julie Lyon, Jim Ashton, and Richard Kelly. One more member is still desired. Ray Breton has been called, but no response as of tonight’s meeting. e) Quitclaim deed – On a motion made by P. Haines, seconded by L. Titus, the Board voted unanimously to sign the quitclaim deed for Howard Crosby to clear title for his property. A tax lien from the 1950’s was never discharged, according to Mr. Crosby’s bank.
   
   
5. Status report (revisited) – The status report was reviewed and updates on the topics listed on the report were given by the Manager. The topic of the Coyote Ridge Road drew much discussion from members of the audience who live and/or own property in the Coyote Ridge Road Subdivision. The residents inquired of the Board what plans the town had, now that the Town has won a legal judgment against the insolvent subdivision developer, to get their substandard road problems corrected. During lengthy discussion, the Board encouraged the subdivision residents several times to join their forces together and to form a road association to help themselves plan for winter and to take care of their road plowing and maintenance issues together. Until the road is accepted by the Town, it remains private property and cannot be maintained by the Town. One subdivision lot property owner agreed that the road residents needed to work together; but many of the subdivision residents rejected the Board’s advice while still holding fast to the idea that the town’s planning board was at fault for not requiring the developer to obtain a performance guarantee, which they feel, lead to the predicament that they are in. One road resident stated he was planning to sue the Town for not following our own ordinance. No resolution was reached, and the discussion ended with a reminder from the Selectmen that the Town was willing to offer assistance and a meeting location to help the residents get a road association started. On a motion made by P. Haines, seconded by L. Titus, the Board voted unanimously to accept the status report.
   
   
6. Treasurer’s Warrants – On a motion made by L. Titus, seconded by P. Haines, the Board voted unanimously to approve warrants #19 and #20.
   
   
7. Other – 1. On a motion made by L. Titus, seconded by P. Haines, the Board voted unanimously to appoint Mary Sabins as the town’s voting delegate at the MMA convention. 2. A Spirit of America award given to the town recently was noted.
   
   
8. Executive Session – On a motion made by P. Haines, seconded by L. Titus, the Board voted unanimously at 8:30 p.m. to enter into an executive session to deliberate on an abatement request pursuant to 36 MRSA 841(2). The Board returned to open session at 8:45 p.m. On a motion made by P. Haines, seconded by L. Titus, the Board voted unanimously to deny the abatement request.
   
   
9. Adjourn – There being no further business to discuss, the meeting was adjourned at 8:45 p.m.

/mss

These minutes were read and accepted by the Select Board on October 7, 2009 with the following amendments: None.