090126 Council

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[0:08] [clears throat] >> Welcome to the
[0:10] Waterboro Town Council meeting of September 1st. Um, to hear the call rise
[0:16] for the pledge of allegiance.
[0:20] » Pledge allegiance to the flag of the United States of America
[0:25] and to the Republic for which it stands, one nation under God, indivisible with
[0:31] liberty and justice for all.
[0:39] » Uh, we have no public hearings this evening.
[0:42] Any announcements from the board, John? >> Nope.
[0:46] » Here we go. >> Um, on September 10th
[0:51] uh, Amy Webster, who was the chair of the uh, Old Home Days Committee, is
[0:54] going to present a check to the Lions Club for the money that they
[0:58] raised for the fundraiser at the Old Home Days. And I think the amount, I
[1:02] don't know the exact amount, but it's 500 something, and that's going to go to
[1:05] the backpack program. So, that's scheduled uh, next Thursday, week
[1:08] Thursday. That's it.
[1:10] » You got anything? >> I'm all set. Thank you.
[1:13] » Um, additions or deletions to the agenda?
[1:17] We're all set. We do have an appointment, uh,
[1:21] York County Sheriff's Deputy, contract deputy,
[1:25] uh, Ashley Sargent.
[1:30] You don't you you don't give have to give 20
[1:34] minutes of dissertation. So. >> It's more like 30, isn't it?
[1:39] » Yeah. >> Uh,
[1:41] good evening. My name is uh, Deputy Ashley Sargent, York County Sheriff's
[1:45] Office. I'm the newly appointed contract deputy for evening shift for Town of
[1:50] Waterboro. I just joined the Sheriff's Office in
[1:54] June of this year. However, I am not new to law enforcement. I've been a
[2:00] police officer in the state of Maine for now 13 years
[2:03] and I'm excited to join the Sheriff's Office and I'm excited to be here in
[2:07] Windham and serve my community. >> Great.
[2:10] You live in town? >> Yes.
[2:11] » Good. Good. Nice. >> Any focus points for the public to
[2:16] know about? >> Focus points? Uh
[2:19] » Meaning? >> Follow the laws.
[2:22] » [laughter]
[2:26] » So welcome. Welcome. >> Yes.
[2:28] » Thank you. >> Yes. And feel free to come to any
[2:30] meeting you want. >> Thank you.
[2:32] » Even just observe if you have to. >> Any opinions on the day shift
[2:35] supervisors? >> What's that?
[2:37] » Any opinions on the day shift supervisors? [laughter]
[2:38] » They're excellent.
[2:44] » Uh Jason 70 uh CEO
[2:52] Good evening, guys. So I presented you guys with a consent agreement. I had a
[2:55] uh
[2:58] structure built a house a residence single family dwelling built over on
[3:01] Northeast Road. Um the individual provided us with a
[3:05] plot plan which
[3:07] unfortunately he laid out himself said that he met the setbacks by 80 ft.
[3:12] Um he [clears throat]
[3:15] had to get a foundation certification to verify once it was once he should have
[3:19] done it before but he did it after. Um and he also had a mortgage and uh
[3:25] survey and it showed that he meet missed the setbacks by
[3:29] instead of being 80 ft I believe it was down to 66 ft. He needed to be at 75 ft.
[3:35] Um >> [clears throat]
[3:37] » so now that the structure is built and we can't really it's a more of a
[3:41] complicated thing to move it over the 6 ft we're just asking for a consent
[3:44] agreement. Um he is paying a violation fine as well as the legal fees for to
[3:49] have this consent agreement um, drafted.
[3:55] We did go up on the violation because we felt that
[3:59] the last one didn't even meet the the amount for the CBA, which he
[4:04] wouldn't have gotten approved through the CBA anyway.
[4:07] So, this is why we went with the he has a thousand dollar fine plus the six
[4:11] hundred and sixty eight dollar legal fees.
[4:16] to stay where he is. >> And you're okay with all that?
[4:20] » Yeah, I'm fine with it. It was It wasn't a
[4:22] a malicious act. He really He went off a pin that had been moved that he didn't
[4:25] realize it was moved. So, somebody who maintained the road had moved some pins.
[4:31] Um, so he measured off a pin which he thought was his property pin and so
[4:35] that's why he went eighty feet. Come to find out when um
[4:39] the a licensed surveyor went out, that pin was in the wrong spot.
[4:43] So, he It was His intent was there. It just didn't He didn't meet the intent.
[4:48] » [laughter] >> So, yeah, I'm I'm fine with this. Well,
[4:52] like I said, it wasn't a malicious act. He wasn't trying to pull up the wool
[4:55] over my eyes or anything like that. It was just
[4:57] error. >> So, the town's legal fees are all
[4:59] completely covered. There's no >> One hundred percent. Yeah.
[5:02] » No debt at all to the town. >> There is nothing the town is responsible
[5:06] for with this one. He is >> [clears throat]
[5:08] » He's coming in tomorrow if this everything goes well. He's coming in
[5:11] tomorrow to pay all the fees and we get his occupancy.
[5:14] » Is this a residence or other? >> It is a It was a a spec house. So, yeah,
[5:19] it is a residence. A single family residence.
[5:21] » Okay.
[5:24] » So, you want you you might want to change
[5:28] um, page three of two page four of two.
[5:33] It's at the bottom of the three and four.
[5:39] » Oh. >> Three,
[5:41] four, five. >> Yeah, I see.
[5:43] Oh, so it was Yeah, okay.
[5:46] That was not me. That was this one.
[5:50] Hopefully he paid enough to get it get it changed.
[5:52] Yeah, bend it. Thank you.
[5:56] Um
[6:01] Any motion? >> I'll make a motion that we accept it as
[6:04] written on on the request of the CEO. >> I second.
[6:09] » Any discussion? All in favor?
[6:13] Opposed? Uh
[6:17] » Can we uh ask him a couple more questions uh unrelated to
[6:21] » He's on the hot seat. >> Yeah, uh the dock the docks situation.
[6:25] » Uh so that dock is uh he has provided a survey showing that he's outside of the
[6:30] resource protection which the town the the GIS mapping shows that he's in. So
[6:37] he went out and hired uh Sebago Technics to do a survey.
[6:41] He has provided uh I'm still waiting for an application to go in front of the
[6:45] planning board. So he has to go in front of the planning board to um show that
[6:49] he's or to get approval for those docks.
[6:52] » Okay. >> Um I don't know how that's going to work
[6:54] because you know, you get it's going to have something the planning board should
[6:58] be reviewing it saying how many parking spots he has as per dock slips
[7:02] which the dock slips exceeds the amount of parking spots that he has.
[7:06] Um and the board could choose not to do it either way, you know, but um
[7:11] » Yeah. >> He's yeah, so
[7:13] if he doesn't provide me with that one we had talked about a September 15th
[7:17] date. If he doesn't provide me with that one then um in that time frame I'm going
[7:21] to be making a phone call. >> Okay. And the other question I have is
[7:25] the Saco Kancamagus Trail the car dealership
[7:29] or whatever you want to call it up there on the left hand side.
[7:31] » Yeah. >> What's what's the status?
[7:33] » Um the status with that one is it's been an
[7:36] ongoing process trying to get him just to get it out.
[7:39] He has unfortunately he has not um, paid any restitution to the town as
[7:45] of this this point. Um You know, we had
[7:51] me and Matt Matt have talked about, uh, the very beginning because he wasn't
[7:55] doing anything, hiring a third party to come in and just remove
[8:00] the vehicles. Um
[8:03] We just We were hoping that he would more or less
[8:07] do something about it himself, but it's an ongoing battle and
[8:11] he's now talking about, um, he's going to be
[8:16] moving to the Carolinas here at some point.
[8:20] » Okay. The town's been dealing with him for how
[8:22] many years? 15? >> I went Yeah, I went back to 2009. He's
[8:25] been in violation since then. Um
[8:29] So >> You know, I some vehicles have been
[8:31] moved. >> Oh, yeah, he's definitely removed a good
[8:33] amount. He keeps on saying he's going to get them out out. But
[8:38] it's how much time it's taking. You know, I I came in, he had already had a
[8:42] court order and that was happening in December.
[8:45] I tried to give people the benefit of doubt hoping that
[8:48] you know >> Yeah.
[8:50] » Okay. >> Um
[8:53] So, yeah, I I mean, I'll do whatever with the town wants me to do as it comes
[8:58] to that. You know, I'm hoping that he can just get it out himself.
[9:01] » Right. >> Um
[9:02] » Maybe we should push the issue a little bit more. We've been trying to kick in
[9:05] the can down the road for 15 years.
[9:08] » Yeah. >> But I mean
[9:10] » I mean, I I essentially I'm assuming that the town's [clears throat] going to
[9:12] lean his property if they haven't already because of the the lack of
[9:16] uh compensation. I mean, he like he has a I
[9:19] think it's $15,000 uh violation fine plus attorney fees of
[9:24] what, 6,000? It's >> It's just over 20,000.
[9:26] » Yeah, so I think he's around $20,000 he owes the town.
[9:30] Um >> He was delinquent on taxes not too long
[9:33] ago, but he he's square He's square with that.
[9:35] » Um I don't >> It [clears throat] if it a it was a
[9:37] different dealership. >> Sure.
[9:39] » Uh Ben.
[9:41] » No, that was M&H. That was a Main Street lot.
[9:43] » Yeah. That was M&H, I think, because he came in with a
[9:46] pocket full of cash. And then he came in my office after.
[9:49] » And and the challenge we have, and the same thing Ben has told us before, is
[9:53] even for us to move in there, if we want to pull that, you know, pull the plug
[9:56] and go up there,
[9:59] it's going to be more than one of us camping out there.
[10:01] » Mhm. >> [clears throat]
[10:01] » And trying to go through sifting through these cars that
[10:04] » two year process >> that aren't our cars.
[10:07] Even though we're trying to remove them >> Yeah.
[10:08] » and getting someone to come in and haul them off.
[10:10] » And get the titles to get the titles, [clears throat] that's a process.
[10:13] » It's some money. That's We've been trying to avoid that.
[10:18] » Yeah. >> Whether it's a camper or is any of these
[10:20] vehicles he's parked over at his office up there.
[10:22] » That could be something as simple as spending an afternoon there doing doing
[10:26] verifications, setting off the title applications to the state. Yeah. And
[10:30] then once those vehicles are turned over to us, we can scrap them.
[10:35] » So, I have I have him He's in violation and ongoing violation. I also have DEA
[10:40] as well as M&H. They're all three of those ones are
[10:43] » And that that was going >> M&H has has
[10:47] miraculously moved a bunch of vehicles. >> Out back.
[10:49] » Out back and the front ones I but then I saw a couple more coming. But the way
[10:53] our ordinance is written is they're only allowed literally only allowed like nine
[10:56] vehicles. So, I mean,
[10:58] that's kind of a it's a crazy number to have a for a dealership or a repair
[11:01] shop, but um that's how it was written and that's
[11:05] what their conditions were. So, uh And again, they're all they're they're
[11:10] all the same. They just order these things and
[11:13] » Mhm. >> then it gets out of hand and it's hard
[11:16] to get them to, you know, get rid of them.
[11:18] » I would like to see you just continue to stay right on those guys.
[11:21] » Yeah, and that's what I do. I I swing I swing over to
[11:25] Sokokis Trail uh once every other week. You know, he gives me the same sad
[11:29] sad story. >> Yeah.
[11:30] » Um and um so,
[11:33] the biggest one was when I MH had moved a lot of cars and that was it was a good
[11:38] thing that I saw but now I'm trying to get the guy down the street to
[11:43] pick up his yard because everything seems to be coming closer and closer to
[11:46] the to the main drag.
[11:51] So. >> All right, thank you.
[11:54] » I think MH went through
[11:58] planning board and they
[12:00] issued a a conditional use permit. >> Mhm.
[12:06] » To erect that building. >> Yeah, they did. Yeah.
[12:09] » [clears throat] >> So, but he
[12:11] the same thing he was only allowed so many cars. He came into my office to he
[12:15] wanted to get a salvage title. But that salvage title has a blanket
[12:19] thing where it allows you to have a junkyard and I said no
[12:23] until he he has to go back in front of the planning board because his zoning
[12:27] won't allow him to have a junkyard because he's part of the wellhead
[12:30] protection district. So,
[12:34] there was a bunch of stipulations and I said you're more than welcome to try but
[12:37] you're not going to get anywhere.
[12:40] » Okay. Anything else?
[12:44] » I'm good, thank you. >> Um
[12:48] moving on. Public comment. >> I got one question.
[12:52] You guys met with RSU 57 or six towns met
[12:58] in regards to what you're trying to accomplish and
[13:01] what did you accomplish? >> Well, we have
[13:06] a letter going out to uh Dr. Mike Key and the school board.
[13:12] Um, Matt has constructed a letter and all of
[13:17] the uh municipalities will sign
[13:22] that. Um
[13:24] but um we're requesting
[13:28] elementary school access for voting twice a year and uh
[13:35] uh
[13:37] We also discussed heavily um
[13:42] the school budget. >> Mhm.
[13:44] » So um but that was it was like the uh
[13:50] um choir preaching to the
[13:53] » Yeah. >> or
[13:54] preaching to the choir. Um
[13:58] We're all The only town that didn't show up was
[14:02] Limerick. >> Right.
[14:04] » [clears throat] >> And um
[14:07] it's like everybody's whining about it and everything else, but
[14:14] it was interesting because I think they're the two girls from
[14:21] » [sighs and gasps] >> I think they represented Alfred school
[14:23] board, right? >> What did
[14:25] » Alfred school board say? >> they were Newfield.
[14:29] » The ones that settled funding. >> Yeah.
[14:30] » Okay. >> And uh
[14:33] one was on the school board and one was uh
[14:37] » Prior. >> Slaughtmanoe, something.
[14:40] And um >> [clears throat]
[14:41] » they said they said that the budget is always
[14:45] available once the budget uh
[14:51] commences. So once the finance committee meets,
[14:56] they publish the budget. So we have no idea.
[15:02] So >> But there is a draft letter that's going
[15:05] to be going out signed by all six towns in the district.
[15:12] Asking for use of the elementary schools for both our district and one also for
[15:16] the other towns.
[15:21] » Anything else? >> That's for me.
[15:24] » Um correspondence we have the
[15:29] financial reports. Um
[15:32] if you you want to find them, they're on the
[15:36] website. Um or you will or um Jill
[15:42] will scurry up the reports for you.
[15:46] Um council reports um
[15:50] I have nothing. Dave? >> I'm all set. Thank you.
[15:54] » Gary? >> I'm all set.
[15:58] » Um Matt? >> Uh uh a few things for you at public
[16:02] works. Uh next week grading and paving should begin at the end of the week. And
[16:06] the following week uh we did meet with the insurance and
[16:10] transition it from the builder's risk to the
[16:13] uh the normal regular policy. Uh we spent the morning with uh
[16:17] uh Mr. Erksa from MMA. He provided useful tips for us. We need to work on
[16:22] still, but we'd like to go into the building with a
[16:24] fresh start and be caught up with everything before
[16:28] we move stuff in and then we'd play catch-up.
[16:32] Um we continue to work on our DEP permit for the transfer station. As of today,
[16:36] we've heard nothing back. Uh and obviously Dayton knows that as well.
[16:41] Uh as a reminder, May fact invited you folks and employees to the
[16:46] the game on Saturday, September 19th. You should have all received your invite
[16:51] electronically as well. That letter that was mentioned just a
[16:55] minute ago regarding the R-57, I did draft that. It's in the communications
[16:59] folder.
[17:01] I would like to get a signature from you guys either
[17:04] either tonight or the next meeting uh so we can get that out to the other
[17:07] communities as well for our signatures and get that off to them. I did send a
[17:11] request to Secretary of State. I've received no feedback from her.
[17:15] Uh she has not responded to any emails yet and she hasn't responded to my text
[17:20] message. So, nothing from that office.
[17:25] Um We are planning for the open house. We
[17:28] just talked about this next month. We're too early. We can't make it happen.
[17:33] Paving and the grading work. We don't want to have
[17:37] people driving on it immediately afterwards if paving hasn't been done.
[17:39] So, we're we're looking in October. We will be sure to let you know. We are
[17:42] looking forward to that. >> [clears throat]
[17:45] » I think we've had our We've had about 14 or 15 applications
[17:49] for the tax collector's position. We're still at interviews.
[17:53] Uh, the library positions have been offers are out.
[17:59] And in your packet tonight is the two-year plow contract extension.
[18:06] Uh, and he's identified a 3.5% budget increase, which is what we actually
[18:11] anticipated last year and put it into the
[18:13] uh, municipal budget. >> So, what's that total?
[18:16] » Um, sorry. You have to you have to look at it. It was 785, right?
[18:22] You have a whole part. I don't have that I don't have the number.
[18:24] » That's fine. That's fine. >> Uh, so but it was a 3.5% adjustment.
[18:32] » Can I just ask what does he How does he That's a that's a lot of labor money. I
[18:38] just have a hard time swallowing that much money to
[18:41] pay somebody to drive around. I I >> Well, there's wear and tear on the
[18:44] vehicles. >> I I know. Just man.
[18:49] » [clears throat] >> It is a lot of money, but it's not just
[18:52] driving around. >> I I get it. You know, I'm being a little
[18:55] bit facetious there, but man, that's a lot of money
[18:58] » Yes. >> to have somebody plow our roads.
[19:00] » Yep. And that's the whole idea of the public works expansion.
[19:03] » Right. >> He's the only guy that's bid on this.
[19:06] That's the only guy there is. Sometimes I feel like we're being held over the
[19:09] barrel cuz he's the only one, so he can dictate his price.
[19:12] » Yep. Well, and if if fuel doesn't go down, I mean, we're at $6 a gallon now
[19:17] for diesel, so. >> That's just a lot of money.
[19:22] » Mhm. >> But, it is what it is.
[19:24] What's that? >> We got a lot of roads, too.
[19:26] » Yes, we do. >> Yes, we do.
[19:27] » Yeah. >> All the more reason why we need to
[19:30] do it ourselves at some point in the future.
[19:35] » Okay. Anything else, Ben?
[19:38] » I'm good right now. I'm trying to find that
[19:40] » Um >> the amount for you.
[19:43] » Discuss vote to authorize the town manager
[19:46] and council chair to sign the two-year extension contract for snow plowing with
[19:52] Dayton Snowfighters. >> [snorts]
[19:55] » Does that include this coming year? >> [clears throat]
[19:58] » 2026-2028, right? >> Yeah.
[20:00] » For the two year with the with the two years.
[20:04] » Make [clears throat] a motion to approve what we're voting for.
[20:08] » Dayton Snowfighters. >> Snowfighters.
[20:12] » Snowfighters. >> Snowfighters.
[20:16] » I'll second that motion. >> Uh any discussion?
[20:20] » The dollar amount listed, is that a not to exceed dollar amount?
[20:24] » Seven Should be 78319. >> 78319.
[20:28] » Is that the amount? >> Yeah, that's a not to exceed.
[20:31] » That is a not to exceed. That's what we got.
[20:34] » Uh there was some diesel >> fuel
[20:37] » There was some fuel clauses in there. There's a fuel clause, if I remember
[20:40] correctly, if it exceeds a certain amount.
[20:43] » In paragraph number three. >> I don't believe we rece- I don't think
[20:46] we did the last six years we received every year.
[20:50] » Well, I think we're right at it. >> How much bombing we have going on with
[20:54] the fuel that >> All right.
[20:56] » So, let's hope for lower fuel prices. >> That's reality.
[21:03] » Any uh further questions?
[21:08] All those in favor? >> Those
[21:12] » Okay. Discuss vote to authorize the town manager
[21:17] to sign the consent agreement lap uh map 47 lot 52.
[21:27] » So moved. >> Second.
[21:31] » Any discussion? All those in favor?
[21:36] Those Um discuss vote to sign the Fraternal
[21:41] Order of the Eagles games of chance license application.
[21:52] » I'll make a motion. That we move that we sign the Fraternal
[21:55] Order of the Eagles games of chance license application for approval.
[22:02] » I want to second that. I'm just looking at
[22:07] order of the stone code enforcement invite upon the
[22:10] building official. >> You sign inside of the liquor
[22:12] » Yeah, I have it now. Thank you. >> Yeah, you're welcome.
[22:15] » Okay.
[22:17] All those in favor? Those
[22:20] Discuss vote to approve the Fraternal Order of the Eagles renewal liquor
[22:25] license application. That's uh
[22:32] as all of the uh
[22:35] fire fire marshal >> and deputy
[22:40] » CEO and
[22:44] uh deputy
[22:54] » I'll make a motion to approve the Fraternal Order of Eagles renewal liquor
[22:57] license application.
[23:02] » Any Any >> I'll second.
[23:05] » Any discussion? All those in favor?
[23:09] Opposed? We have no old business tonight.
[23:15] I would discuss vote to accept the minutes of
[23:18] the August 18th meeting. >> I'll make that motion to accept them.
[23:26] Second. >> Any discussion?
[23:32] All those in favor? Opposed?
[23:35] You have pending decisions and take actions last uh
[23:40] We'll sign the that um
[23:46] letter of to IRS Steve um
[23:51] tonight. Um
[23:54] Uh discussion of agenda items. Um I'm seeing a signature date of snow
[24:01] fighters two-year extension. Consent agreement.
[24:05] Uh Internal order of Eagles application.
[24:12] Um Just one more thing.
[24:19] Um I didn't entertain a motion to adjourn.
[24:23] » Just one more thing. Yeah.
[24:26] Motion a week from two weeks from today, 15th. 15th. You
[24:30] can do that but you can do that.
[24:33] » I'll make a motion to adjourn. >> So second before somebody changes their
[24:38] » Second. >> All those in favor?
[24:41] Opposed? Thank you and good night.
[26:54] » Mhm.
[27:01] » Mhm.