1. APPROVAL OF AGENDA:
Selectmen Elise Miller made a motion to approve the agenda; seconded by Selectmen Kimberly Stacey-Horn. No discussion. All in favor. Approved.

2. MINUTES OF LAST MEETING:
Selectmen Elise Miller made a motion to approve the minutes of January 22, 2019 and January 29, 2019; seconded by Selectmen Kimberly Stacey-Horn. No discussion. All in favor. Approved.

3. DEPARTMENT HEAD / COMMITTEE CHAIR UPDATES
A. District 1 Roads
Dave Langley provided the Board with the following update:
• Assumed position right after Christmas.
• Utilizing 2 trucks: A 1-ton truck for sanding and a pickup for public facilities.
• Running around 80-90 yards of material (sand & salt mix) for maintaining 54 miles of roadways on the north end and usually around 4 to 5 yards of salt for public use.
• Sand Shed: Roughly half way through material (sand & salt). Mr. Langley estimates close to 12 – 13 hundred yards left depending on what a snow cycle will be. This is a comfortable amount to have, but Mr. Langley believes there is still 4 – 5 hundred yards under contract and if needed, it can be hauled in to use.
• Salt budget is right on the edge for what was allocated. Mr. Langley will make it work depending on storms and timing of storms.
• The sign bandit is back and there have been 2 or 3 signs stolen off of H Road. Mr. Langley has spoke with the Sheriff’s Department and they are on board. If public sees anything suspicious, please get plate number and report.
• There are a few potholes needing addressed. New Bridge Road had one that Mr. Langley patched with “Patch in a Bag”. F. R. Carroll is $109/ton plus truck use whereas “Patch in a Bag” is $18/bag. So plans are to pick up 6 bags to fix what needs patched.
• Some new business to report is:
• Issue on Acton Ridge (ME/NH line): There is water come onto the line due to ditch line and will need addressed.
• Goat Hill at Transfer Station backside of yard. Culvert cleaned out but there is still water coming out there. Mr. Langley will work with Mr. Davis to resolve.
• Garvin Road turnaround: Heavy rains brought water down through and made its way into Wilson Lake. Mr. Langley will have to get with Code and determine a resolution to this issue.
• As good weather comes, Mr. Langley took care of some washout hazards. In the Spring further attention will be given to those areas.

B. District 2 Roads
Absent – Tabled.

C. Road Committee:
Mr. Chuck Gregory approached the Board regarding the following:
• Check on HEB Contract and date of response for budget purposes. Town Administrator indicated this item was on the agenda.
• Mr. Gregory indicated the Road Committee received their 2nd request for Private Road reimbursement. Committee will forward once approved. Town Administrator asked if it came directly to Road Committee because if so, the Board did not see. As part of the process, the Board needs to review. Mr. Gregory will forward a copy to the Board.
• Mr. Gregory ask about the speed limit reduction at the junction of RT11 and RT109 and timing of when that work would be completed. Selectmen Miller indicated there was no time line set in place and the Town Administrator replied that the State indicated it would happen sooner than later.
• Lastly, Mr. Gregory asked if there was any chance on getting a preliminary estimate from Road Commissioners for work they see needs done so that the budgets can be modified adequately.

4. OLD BUSINESS:

A. Conduct for Elected and Appointed Officials
Selectmen Miller asked about the gifting as it related to receiving items at Christmas time. No one had policy in front of them and decided to table 1 more week for further review.

B. Action Plan Maine Municipal Association
The Fire Chief reported that everything has been taken care of on his side except for the antennae inspection but that it is scheduled to be taken care of in the next couple of days. The Transfer Station has gotten a lot of prices and will present for budget in the next few days.

C. Road Commissioner/Public Works Director Status
Public Hearing is scheduled for February 6, 2019 at 7pm. The Town Administrator is looking for a final determination of what question the Board wants to move forward with. Selectmen Walsh expressed that without the public’s support, the Board should pursue 2 appointed Road Commissioners instead of elected.

Selectmen Miller recapped that what the Board heard from the public was:
• Did not want to spend the money for a full time Director with benefits.
• Did not want to lose ability to vote for the Road Commissioner position.

The Board commented that their proposal would meet the Town half way. This resolution benefits the Town because an appointment means that person is an employee of the Town which in turn helps alleviate issues and creates consistency in budgets, estimates, rules and regulations, personnel policy, etc.

5. NEW BUSINESS:
A. Land Use Fee Schedule
Mr. Ken Paul approached the Board to discuss Planning Board fee schedule stays and increases.
He explained to the Board at their request on how the process of research and review is conducted on issues and bringing them into compliance. User based fees supports these additional costs. Selectmen Walsh was ok with the new fee schedule except for the Research line item. Selectmen Miller suggested that is this is to be signed off on tonight, then she recommends signing the one without the Research line.

Selectmen Miller made a motion to sign the Fee Schedule without additional fees for Research; Selectmen Stacey-Horn seconded. No further discussion. All in favor. Signed.

B. Land Use Hours
Mr. Ken Paul is proposing the hours for walk in would be more structured and changed to:
• Walk in hours would be the first 2 hours of each day – Monday, Tuesday, Wednesday and Friday.
• Any items requiring more than an hour’s worth of attention, the department would ask that an appointment be made.
• Appointments will alleviate dropping everything and handling the walk in and nothing getting done.
• Clerk would be available to handle the paperwork.
• Appointments can be made via email.
• This request has been tailored after other Code Enforcement offices in the area.

The Board will review and make a decision next week.

C. Letter Agreement
Rowe Bridge letter agreement for bid awarded (engineering work). Letter was reviewed and discussion ensued. Selectmen Miller made a motion to sign the agreement letter from HEB Engineers with dollar amount of $10,600; seconded by Selectmen Stacey-Horn. No further discussion. All in favor. Signed.

D. 19-20 Proposed Budget
The Town Administrator presented the budget she received from the Treasurer based on the numbers received last Friday with the comment that there are a few numbers still to be adjusted. Except for Land Use most are in. The black out and grayed areas are the areas still under advisement. The Board decided to review and reopen next week.

E. S.A. McLean & Sons Bill
Selectmen Walsh read out bill from S.A. McLean & Sons for a chain for a Sander in District 1 and asked Mr. Dave Langley to present justification. Mr. Langley approached the Board and recapped cost responsibilities he has taken on and asked if the Town can support and pay for this item. $900 is the amount in question. The Board decided since he stepped up and helped the Board they would be willing to split the cost for the chain and cover ½ the cost.

Selectmen Miller made a motion to pay for $450 of the chain for District 1; seconded by Selectmen Stacey-Horn. No further discussion. All in favor.

F. Resignation
Selectmen Walsh read of the resignation dated February 5, 2019 received from William Cataneyse from his E911 Operator/EMA Director positions.

Selectmen Miller with regrets made a motion to accept Mr. Cataneyse’s resignation as E911 Operator/EMA Director and wished him well in his retirement; seconded by Selectmen Stacey-Horn. No further discussion. All in favor.

The Town Administrator will advertise this open position.

G. Emery Mills Dam
Selectmen Walsh updated that he attended a meeting with Sanford, Shapleigh and GZA Engineering regarding a leak in the dam. A dye test was conducted to determine extent of the leak. This will need to be repaired. Request for bid coming back for bids range at $400,000 plus. Sanford has an interest free $100,00 loan in place and hoping to use for entire cost. When $400,000 came in it was not feasible. Sanford asked GZA to go back and see if there is another way. GZA came back with a $200,000 proposal. Acton’s portion will be $50,000. Sanford is reviewing interest free loan to see if that amount can be increased. Scope is to do all the work in 2019. This project will require the dam to be lowered 2 feet or more below the water mark, a constructed road to access dam, go in and remove material on upward side of lake, lay in membrane, sand, crushed stone and rip rap back in. This work will not affect Square Pond. Recovery time is substantial but doable. This is also a great opportunity for anyone on the lake to have some of their own work done and now is the time to get the permits. All work will require permits or be levied with heavy fines and removal if not permitted correctly. The Town does have some money set aside and will review with the Treasurer.

6. PUBLIC COMMENT:
Dennis Long approached the Board with the following comments:
• Garvin Road: This road’s issues were brought to the Board’s attention 1 year ago (an ongoing problem for over 40 years) and the Board wanted to wait to see what would happen this Spring. Mr. Long wanted to note that the same problem is occurring on Wilson Lake and the Lower Road too.
• Next, Mr. Long notified the Board that their agreeing to pay for ½ of Mr. Langley’s bed chain tonight goes against what the Town voted on. The Town pays $10/hr. for the Sanders and it is supposed to cover the costs and repairs.
• Mr. Long next commented on Code Enforcement fees. The reason the Town started charging these fees was to pay for Code Enforcement. Unless there is some underlying reason why his needs not be met, the Board needs to pay close attention and meet his needs.
• Lastly, Mr. Long commented on the quality of the APAT recordings for some of the meetings being broadcasted. Selectmen and School Board meetings are pretty good but meetings being held downstairs have a lack of hearing everything being said. The Board will look in getting more microphones.

Mrs. Leslie Berlan approached the Board seeking a status on Town auditor being changed every 5 years. Selectmen Miller responded that the auditors left so even if the Town stays with the company it will be new eyes. The Treasurer has the end of current contract being put out to bid.

Mr. Chuck Gregory approached the Board asking, since signing HEB Contractor tonight, has anyone contacted Milton Mills regarding this issue and what we are doing? The Board will forward Milton Mills contact a copy of the letter. Next Mr. Gregory asked about the ability of a grant for the dam work. Selectmen Walsh indicated that Sanford did review and nothing was available.

Mr. Dave Langley approached the Board to inform them that he came across a note he did not relate to them in his update. On the H Road there are 6 trees hazard trees requiring attention. They are dead. There is also 3 on Acton Ridge in the same condition. He asked if the Board wanted him to address? The Board asked Mr. Langley to get numbers and present them to the Board. It will then be considered.

Mr. Langley also inquired about the dam and inquired about money put into an account for maintenance, not project work. Is there a contingency plan? How does it affect Sanford’s Sewage District needs. Selectmen Walsh responded that Sanford is taken on all of that responsibility.

Joyce Bakshi approached the Board to comment on behalf of the people who have had accidents and losses due to the speed limits on RT109, she is glad the Town went ahead and had something done. Thanks.

Robin Ham approached the Board’s to request what their feeling and the public’s feelings would be to going to a 5 person Board of Selectmen. He was searching for feedback. Selectmen asked if there was a reason for this? Mr. Ham indicated it is a better scenario and harder for collaboration on votes. Selectmen Miller wasn’t sure if the Town was big enough for 5 people. Again, he stated he was searching for the Board’s opinion as the public’s opinion supported it. Selectmen Miller indicated she thought the current issue was driving these thoughts and this was not the case of 2 against 1. The Board does discuss issues and try to come to a happy medium. It isn’t always a unanimous vote which is healthy but feels the Town is not big enough to support. Difficulties arise when all members can make meeting dates and with 5 members that will be even more difficult. However, the Board will keep an open mind and look into it as a possibility.

7. ANNOUNCEMENTS:
• Meetings are on the website
• Conservation/Forest Committee will hold a meeting to garner public input on Management plan on February 12, 2019 at 7pm, upstairs.
• Sledding party was huge and all had a great time.
• Ice skating rink is doing well.

8. MEMBERS PRESENT:
Selectmen Ed Walsh, Selectmen Elise Miller, Selectmen Kimberly Stacey-Horn and Town Administrator Jennifer Roux.

9. OTHERS PRESENT:
Dennis Long, Cindy Hart, Leslie Berlan, Chuck Gregory, David Langley, Robin Ham and
Joyce Bakshi.

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JUNE 3, 2010

A. ROLL CALL – 7:00

Members present were: Chip Venell- Chairman

Thomas Cashin – Vice Chairman

Yoli Gallagher

David Jones

Arthur Kelly – 2^nd Alternate (Voting in place of Mr. Davis)

Members absent were: Keith Davis

Jessica Donnell – 1^st Alternate

Also present were: Kenneth Paul, Code Enforcement Officer; Debi Rix; Richard Neal; James Crowley; Steve Foglio representing the Andersons; Sandra Jones, applicant; Frances LaPierre representing Ms Jones; and Charles and Tammy Tranchemontatre

B. MINUTES

May 20, 2010 – A Motion was made and seconded to approve the Minutes of the May 20, 2010 Meeting as submitted. Jones/Kelly – Unanimous.

C. PUBLIC HEARINGS

1. Deana and David Anderson – 1141 Lebanon Road – M262/L4 – After-the-Fact Conditional Use Permit for a Two-Family Dwelling – Steve Foglio explained he is from Real Estate 2000 and would be representing the Andersons in this matter. He advised that the Andersons paid for an addition to an existing dwelling for Mrs. Anderson’s parents. He said the reason he is before the Board is to legalize the request for an After-the-Fact Conditional Use Permit for the addition.

To Mr. Cashin’s request that he give a brief history of the conditions of the site in the area of the structures, Mr. Foglio advised the principal structure is an 1800 farmhouse with an attached “L” that also has an attached building on ten acres of land.

Mr. Venell referenced the plan in the file containing the lot dimensions and explained because it is a two-family dwelling, it requires a Conditional Use Permit. He stated without the knowledge of the property owners, the contractor neglected to obtain the proper permits for the construction even though he told the property owners that he would do so and was paid for them.

Mr. Foglio advised the work was done four or five years ago, but the property owners didn’t find out what occurred until the property was put on the market for sale. He mentioned there is a new septic system design which will handle the two dwellings. He stated no one resides in the second dwelling.

To Mr. Paul’s comment that approximately 22’ of the road frontage for this property is located in Sanford, Mr. Venell mentioned there is sufficient frontage for the second dwelling in Acton.

Mr. Paul explained when the work began, there was no Conditional Use Permit requirement, but since then the Zoning Ordinance has been revised and one is required.

After ascertaining that there were no further questions or comments, Mr. Venell closed the public hearing at 7:11 PM.

2. Sandra Jones – Minor Subdivision on Milton Mills Road – Mr. Venell explained to those present that Ms Jones has taken the property by a Deed-in-Lieu-of-Foreclosure because the developer defaulted on a loan she gave him for the project. He said one dwelling was built and she has a buyer who is waiting to move in.

Frances LaPierre explained she is the surveyor on the project and will be representing Ms Jones for this project. She mentioned the Board conducted a site walk on May 22, 2010 and at time some concerns were expressed. She referenced a letter contained in the file which addresses some of those concerns. She said she is aware that the wetlands on the site are to be left undisturbed. She pointed out the adjustment on the southwest corner of the property. She mentioned the boundary between lots one and two has been adjusted to give additional space for the septic system. She advised there is an easement on Lot #2 for the benefit of Lot #1. She stated the soils engineer requested a 100’ setback from the school’s drinking water well as it is a public water supply. She informed that the dwellings will have sprinkler systems. She pointed out that Note #12 addresses some of the concerns expressed during the site walk. She said Note #13 was added as well as the building envelopes for Lots #2 and #3 being indicated on the plan along with the wetlands.

To Debi Rix’s, an abutter, question concerning whether the boundary of Lot #1 goes into Hebo Hibo Road correct, Mr. Venell said it appears to go down the center of the road.

Ms Rix explained that she has a lot on that road and is concerned about public easements. She asked whether that lot is being reviewed at this time by MMA and the Board of Selectmen. She felt that would have a bearing on that lot if it is going to be approved as that will take away her part of Hebo Hibo Road. She said that issue should be resolved prior to the Board’s approval of the plan. She stated if the Board approves the plan and later finds out that road was discontinued illegally, the Board may have to review the plan again with a public easement.

Ms LaPierre explained thelot has been designed so that the frontage conforms to the requirement of the Zoning Ordinance without that area. She mentioned if the courts determine that the discontinuance of Hebo Hibo Road was illegal, that lot will still meet all the required dimensional requirements, therefore, the Board can approve what is being submitted on the plan.

Mr. Paul confirmed Ms LaPierre’s explanation of the frontage.

Mr. Venell advised if the Town determines it is a public road and was discontinued illegally, the property line will revert to the rock wall and the Hebo Hibo Road will become a public way. He pointed out that is a corner lot with frontage on both Milton Mills Road and Hebo Hibo Road.

Richard Neal stated through no fault of the property owner, a dwelling was built prior to approval of the subdivision, therefore, the dwelling is built over the line of Lots #1 and #2. He said because of that situation, there will be two dwellings very close together in the field and if it were him, he wouldn’t like that, but possibly the buyers don’t have a problem with it.

Mr. Venell advised when the dwelling was constructed under the Building Permit issued, the property was all one lot and the dwelling was placed where it is for design purposes. He stated it meets all the required dimensional requirements. He pointed out there are many homes in Acton that are as close together as what is being proposed or even closer. He mentioned when the dwelling was constructed it was legal.

Sandra Jones explained the buyers have until the end of June to close on the property and she has allowed them to move into the dwelling. She said should the plan not be approved in time, they will lose their financing and she will be forced to put the property on the market again.

Mr. Venell stated that obtaining subdivision approval takes sometime and at this point, the review is at the preliminary plan stage. He explained the procedures for a subdivision. He mentioned they are in the first half of the process as the Board has just received the required information, but if there are no additional issues, the plan might be approved in a month.

To Ms Rix’s question whether reducing the plan to two lots would negate the need for a subdivision review, Ms LaPierre advised whether there are two or three lots it will still be a subdivision because the farm was sold previously when Patrick Fraser purchased it and that occurred within a five year period.

After ascertaining that there were no further questions or comments, Mr. Venell closed the public hearing at 7:45 PM.

D. UNFINISHED BUSINESS

1. Deana and David Anderson – 1141 Lebanon Road – M262/L4 – After-the-Fact Conditional Use Permit for a Two-Family Dwelling – Mr. Paul felt there wasn’t much to discuss as it is a permitted use and there will be interconnected smoke detectors.

At this time, the Board addressed the Conditional Use Permit criteria and found all the items have been met.

A Motion was made and seconded to approve the Conditional Use Permit Application for Deana and David Anderson as the applicable criteria has been met. Cashin/Jones – Unanimous.

A Motion was made and seconded to approve a Conditional Use Permit for Deana and David Anderson subject to the following conditions:

a) The septic system be installed prior to occupancy of the second dwelling.

b) The structure meet the 2000 Building Code standards.

Cashin/Jones – Unanimous.

2. Sandra Jones – Minor Subdivision on Milton Mills Road – Mr. Cashin asked whether Ms Jones ever thought of selling the property as one lot based on the problems that exist with the 20% slope situation, the evidence of the 25 year storm and his concern about the possible drainage path on the lots. He said if the Board were to continue their review, more information would be required.

Ms Jones stated she is losing money even with the three lots, therefore, she would lose even more with Mr. Cashin’s proposal. She said she never saw the property before making the investment and she wasn’t happy when she did see it.

To Mr. Cashin’s question what did she use for storm data when she delineated the wetland area, Ms LaPierre explained it was based on vegetation.

Mr. Cashin pointed out there is disturbed vegetation from the February, 2010 storm on Lot #3. He asked if there was anyone present who had information concerning the affect of the 100 year storm of St. Patrick’s Day on Lot #3.

Ms LaPierre explained the drainage path and mentioned that the land in the rear is included in the lot area, but nothing in the Critical Rural area is in the net lot area. She mentioned that the 2.2 acres does not include the land in the Critical Rural Zone as she had been told the Board didn’t want it included in any of the net lot calculations.

Mr. Jones pointed out the lot areas exceed the requirement.

Mr. Cashin explained that a plan can extend 50’ into another zone. He said he was questioning the building envelope of Lot #3 as he doesn’t think it adds to the landscape of Acton. He pointed out some of the land cannot be used because it exceeds the 20% slopes which could create a problem with the leach field.

Mr. Paul indicated the location of the test pits for Lot #3 all of which are in the Rural Zone.

To Mr. Venell’s question of whether that is were the building envelope is flagged, Ms LaPierre answered in the negative.

To Ms Jones’ comment that is all right with a two-lot subdivision, but she doesn’t want to begin the process again, Mr. Venell advised she only needed to remove the lot lines.

To Ms Jones’ question whether she would need to indicate the building locations if she reduces the plan to two lots and move the new lot away from the existing lot, Mr. Venell advised that would be good for the purchasers, but it will still have to be outside the wetland area and meet all the dimensional requirements.

To Ms Jones’ comment she has no problem moving the structure from its present location on the plan, Mr. Venell advised whatever she does will require a new plan.

To Ms Jones’ question if they were able to submit the new plan for the Board’s next Meeting, will they approve it since the purchasers’ financing will expire on June 30, 2010 if they don’t close before that time, Mr. Venell reviewed the Ordinance and determined all that might be needed is a new plan.

It was the consensus of the Board that they have no problem with that proposal.

Mr. Venell advised that the lot lines have to be adjusted and the location of the structure should appear on the new plan. He stated the Board could probably review it on June 17, 2010 and possibly approve it at that time.

To Mr. Venell’s question whether any waivers would be requested, Ms LaPierre advised they would like waivers for the storm water management and erosion control as Note #9 states that the erosion control will be done with the best management practices.

Mr. Venell explained erosion control is generally determined by the builder and the storm water management is generally done when there will be new roads. He suggested that any waiver requests be submitted in writing.

To a brief discussion regarding the fact that the culverts in the area are owned by two different property owners, Mr. Venell suggested they speak with the Code Enforcement Officer who might recommend they contact the DEP. He confirmed that this proposal will be placed on the June 17, 2010 agenda.

3. James Crowley and Scott Davis – Applecore, LLC – Amendment to an Existing Conditional Use Permit – Mr. Crowley submitted a plot plan of the area which indicated what he is proposing to do now and in the future. He mentioned what he proposes will be done in phases. He said there will be no change to the parking lot or footprint for Phase I. He explained what he proposes for Phase II. He advised he spoke MDOT, submitted an application and was told they would conduct a site evaluation for Phase II even though it will not be done this year. He mentioned MDOT has requested a fence be installed which will be done and he was told he would get the written report four or five weeks after the evaluation. He advised when he receives the State’s report, he will submit it for the Board’s review. He briefly explained his discussion with MDOT and the suggestions they made up to this point. He said he is before the Board for approval of Phase I only so that he can open his business using the existing parking area.

Mr. Venell advised there is no need for the Board to review Phase I. He stated in reviewing the contents of the file as to what has been approved in the past, he noted there was no Conditional Use Permit for the docks and toys.

Mr. Paul stated the site has grown into the Conditional Use Permit and it is a good use of the property. He felt that the phases being done make sense. He acknowledged the business has expanded, but said he has no issues with it. He pointed out the Board could modify the existing Conditional Use Permit since what is being requested constitutes an expansion since the restaurant will go from 12 seats to 49 seats after Mr. Crowley installs the additional 37 seats.

Mr. Venell said his only concern is there is no Conditional Use Permit for the food and ice cream. He stated if the Board expands the original Permit, it can be done without a public hearing.

Mr. Cashin felt the changes and expansions that have occurred are substantial and after Phase II, the Board can review the work done as a Conditional Use Permit expansion.

Mr. Jones expressed his agreement with Mr. Cashin’s comment.

At this time, the Board reviewed the March 18, 2004 Permit to determine what it covered.

Mr. Paul advised the Board could approve serving breakfast and lunch for the 49 seats and have the applicant return for Phase II.

Mr. Crowley stated he would like to return to the Board after MDOT makes their recommendations for the parking lot.

A Motion was made and seconded to amend the March 18, 2004 Conditional Use Permit for James Crowley to allow up to 49 seats and the serving of breakfast and lunch with the condition that the Code Enforcement Officer sign off on the dock and parking for the expanded use. The existing signage for the restaurant can be retained, but a new sign will be erected for the docks subject to the approval of the Code Enforcement Officer with respect to location. Jones/Gallagher – Unanimous.

D. NEW BUSINESS – There was no new business to come before the Board.

E. CODE ENFORCEMENT OFFICE BUSINESS – There was no Code Enforcement Office business to come before the Board.

G. OTHER BUSINESS

Joint Grant Application – Mr. Cashin explained on Wednesday, June 10, 2010, Linda Schier will be signing the grant application with the Wakefield Planning Board Chairman. He read the cover letter stating that Mr. Venell would also have to sign the application as it requires the signatures of all communities requesting the grant. He invited anyone who is interested in the project to attend the signing on June 10. He reiterated his past statement that this is a non-matching fund grant, therefore, no funds have to be appropriated by the Town.

H. ADJOURNMENT – The Meeting was adjourned at 9:00 PM.

Respectfully submitted,

ANNA M. WILLIAMS

__________________________________

ANNA M. WILLIAMS,

Recording Secretary

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March 4, 2010

A. ROLL CALL – 7:10

Members present were:

Thomas Cashin – Vice Chairman

Keith Davis

Jessica Donnell – 1st Alternate

David Jones- 2nd Alternate

Members absent were: Chip Venell- Chairman, Yoli Gallagher, Arthur Kelley

Also present were: Kenneth Paul, Code Enforcement Officer; Michelle Rumney, Secretary, Stacy Howes, Jeff Howes, Kyle Howes, Julie Smith, Cheryan Smith, Sandy Maltese, Eric Anderson, Randy Lavangie, Tracy Lavangie, Bob Laurendeau, Sandra Knapp, Debi Rix, Mark Rix

B. Public Hearing- Stacy Howes for Conditional Use Permit for Day Care in home

Applicant- Stacy Howes explains: that she is in the process of becoming licensed with the

State of Maine. The Fire marshals have been out to inspect the home, she is just waiting on The Town’s approval before the State will come out for a final inspection. Mrs.Howes explains the need for another daycare in Acton. She explains that she gets calls everyday for requests. The proposed day care would take UP to 12 children, based on the State guidelines. She would have one helper, Sandra Knapp. She would plan on having 6 children during the day and then a few more after school as well. The home is 1.4 miles in on East Shore Drive on the section of road that is a private road and the lot is 2.2 acres.

The road is maintained by Harold Smith and she has spoken with him so that if there is any additional maintenance need on the road, she is willing to pick up the fees.There is a large driveway with plenty of space to turn around. Mrs. Howes states that she has spoken to her immediate neighbors and they have no issues with the day care.

Debi Rix explains that she lives on this section of road and has some issues with this daycare. The deeds/covenants of the original subdivision state that no business of any kind shall be conducted. She explains that she doesn’t see how the Planning Board can even consider this until those restrictions are changed. She also believes that speed is a big factor, people she knows to be dropping children off at the Howe’s house are not observing the speed limit.

Mrs. Howes explains that also in the deed and covenants were restrictions on vinyl siding Yet there are about 8 houses in the Subdivision with vinyl siding. The owners of the Subdivision had to come up with some deed/covenants when they were going for Approval. She submits a letter from the Subdivision owner at the time that she had to Submit to the bank to allow the vinyl siding.

Mrs. Rix exclaims that vinyl siding and a business are two different things. The town Planning Board had to approve this subdivision and they must have had to approve thoserestrictions. Changing the rules after the fact seems unfair. Once you allow one business how can you say no to the next person.

The speed issue also should be addressed. Mrs.Rix feels that this is a continuing Problem and has asked the road association to post the road, but they have not Because the consensus was that it was pointless if it can’t be enforced. With the Approval of this daycare, traffic will increase and so will the cost of maintenance. She explains that her dues share of the road association have doubled over the past couple years.

Jeffrey Howes introduces himself as the road commissioner for the private road. He explains that they have asked property owners to bring their concerns to the directors, but they have yet to hear any. He also explains that the maintenance fees have stayed the same since 2006.

Randy Lavangie introduces himself as the president of the road association. He explains That he lives on the straightest and widest part of the road, also known as the drag strip. He acknowledges that there are habitual speeders on the road but he knows them not to be visitors to the Howes’ residence. They are younger kids and 4 wheelers.  Sandra Knapp comments that on this stretch of road it is very difficult to speed. She Would guess that the maximum you could drive on it is 25-30mph without going off into the ditch. However, she or Stacy could certainly notify parents to keep their speed under control if they knew who was speeding.

Mrs. Rix states that the two worst offenders of speeding are the Howes’ themselves. She also notes that speed issues have been brought up before, that they are in the  minutes of last years meeting. Speed is a factor and more traffic will increase that factor.  She also questions as to how Mr. Howes can say that fees have not gone up.  Mrs. Howes replies that her husband stated that the maintenance fees have not gone up, the dues of the combined fees have. She also notes that the speed issue is only Mrs.

Rix’s opinion and she is known for complaining about anything and everything.  At this time, the Board asks that personal attacks be left outside this meeting from all parties involved.

Mrs. Rix suggests that Mr. Lavangie is not home all day. She is out walking in theMorning when these parents are speeding through dropping their kids off in the Morning and picking them up in the afternoon. She asks the board how the Howes’ Can break rules that were created with the subdivision.

Tom Cashin, acting Chair, asks if either party has a copy of the original subdivision plan. That would help clear up the issue of the deed restrictions and covenants.

The CEO Secretary obtains the towns copy from the file and the board views it. The signed plan does not have any restrictions, conditions or covenants on it. Keith Davis explains that the Planning Board signed off on the subdivision as it is Represented on the plan. Because there is nothing else on that plan, the planning board does not have authority over those restrictions and covenants. That is a private matter that needs to be dealt with amongst the homeowners of the subdivision.

Sandra questions the process that they would have to go through to get things changed.

She asks if it is a majority vote that is required.Keith expresses that he believes that one “no” vote from a homeowner in the subdivisioncould hang them up, but suggests that they may want to call in some legal help on how to deal with it.

Tom suggests that we consult SMRPC or MMA on this deed/covenants matter. He expresses concern that if the board approves this they are basically negating the deed restrictions and covenants that are already set in place.David questions whether the board has any jurisdiction over this matter.Jessica suggests that even if the Planning Board approves this application, that a memberof the subdivision could still stop her business.

Keith notes that the board is not under the gun to approve this application. If it is a Consensus of the board, we can ask MMA for an opinion if . In the meantime he would Suggest to Stacy to get signatures from ALL the subdivision lot owners.  Mrs. Howes said she had no problem going to all the owners; she has spoken to most of them already. She didn’t realize that this would halt the process.  Mrs. Rix state that she believes that for the Planning Board to act on this application is Premature. How could they approve something that is illegal by the deed restrictions.  She believes that whether those restrictions or covenants are put on the original plan or not, that the Planning Board at the time saw them and took them into consideration when approving the original plan.

David explains that in his experience; that when the rules of an association are not enforced, that it diminishes the integrity of them all, often unable to stand in court.  Mrs. Howes asks beyond the speed issue and the deed issue, if there was anything else the board needed to address for her application.  Tom replied that all her submissions were complete and there shouldn’t be anything further.  With no other comments from the public, the public hearing portion of the meeting is is closed at 8:05pm

C. UNFINISHED BUSINESS

Review of Howes Conditional Use Application-

Keith states that the board is full in the rights to proceed, he asks Mrs. Howes what

her timeline on this was. To which she replied that she could be full in the morning

if she could.

Tom reiterated his concern on moving forward on this matter without an opinion

From MMA on the deed restrictions.

Motion to proceed with review was made. Davis/Donnell- 3/1

Keith asks Mrs. Howes if she had planned to fence in the area. Mrs. Howes replied

That it was not required by the state because of distance from the roadway and water.

Mr. Howes explained that they have 30,000 sq ft of lawn with a 30’+ of wooded buffer

to the nearest neighbor.

Mrs. Howes provided photos to show the yard and play area, which is behind the house.

The board proceed to review the standards for conditional use. (check list on file)

Motion was made that the standards for Conditional Use have been met.

Davis/Jones- Unanimous.

Motion was made to approve the Conditional Use Permit with Conditions. Davis/Donnell- Unanimous

Conditions shall be:

1) Hours of operation 7am-5:30pm

2) License must be obtained from the State and a copy shall be filed with the CEO.

3) Maximum capacity of children shall be 12 (not including Stacy’s two school aged children)

D. New Business- Eric Anderson (M203 L049) Conditional Use Application

Application is for a two family attached dwelling. Two people will be living in the

One bedroom and 3 people in the 2 bedroom.

Ken Paul points out that this is an existing structure, changing the use not the

Structure.

Tom questions whether this is allowable by ordinance, where it is a use change.

Jessica points out that they are not changing the footprint and refers to page 9 in

The zoning that references Changing Use of Nonconforming Structures.

The Board reviews the submissions presented and completes the checklist to determine

if the application is complete. It is the consensus of the Board that the submissions

are complete and will hold a public hearing on March 18th at 7:30pm following the

presentation from Linda Schier. Michelle will do the postings and mail abutters letters

in the morning.

E. Minutes

            February 4, 2010 – A Motion was made and seconded to approve the Minutes of the February 4, 2010 Meeting

           with corrections. Davis/Donnell – Unanimous.

It was decided that there are not enough members from the February 18th meeting present to vote on those minutes. They will be added to the agenda for the next meeting.

F. OTHER BUSINESS

Agenda set for 3/18/10: Linda Schier of AWWA will give a presentation at the beginning of the meeting, Public Hearing for Eric Anderson’s Conditional Use Application to follow, the approval of 2/18/10 minutes, work on the Sign Ordinance.

G. CODE ENFORCEMENT OFFICE BUSINESS

There was no Code Enforcement Officer business to come before the Board.

H. ADJOURNMENT

The Meeting was adjourned at 9:10 PM.

Respectfully submitted

Michelle Rumney

Recording Secretary

The post Planning- March 04, 2010 appeared first on Tteddo, Inc..

Acton Comprehensive Plan Implementation Committe

AUGUST 18, 2010

A. ROLL CALL – 7:00

Members present: Thomas Cashin – Chairman

John Moore – Vice-Chairman

Rob Meyer

Roy Trafton

Gregory Martin

Members absent: Virginia DeBoer

B. MINUTES

No Minutes were approved.

C. OLD BUSINESS

Board of Selectmen Meeting – Mr. Cashin advised that the next Board of Selectmen’s Meeting at which the Committee can make a presentation will be September 9, 2010. He stated he hopes this group can meet before that time to review the maps that SMRPC has corrected. He said the maps will help define the areas that have been included thereon. He gave a brief summary of what occurred at the Selectmen’s Meetings. He stated the Code Enforcement Officer said he would like to be present when Ms Saltmarsh comes in to explain the revisions to the map to the Committee, therefore, he will speak with him to see when he is available and advise Ms Saltmarsh.

At this time, there was a brief discussion concerning the group’s position on the revisions submitted for a vote by the Code Enforcement Officer at the June, 2010 Annual Town Meeting with Mr. Cashin advising that those are the requirements being enforced and not what the Committee has recommended.

Mr. Moore commented that at the June, 2010 Annual Town Meeting there was a Warrant Article asking the voters to adopt the DEP’s regulations which didn’t include the exemption suggested by this group, therefore, until this Committee’s work is adopted, there will be no exemption which means certain structures cannot be expanded.

Mr. Cashin felt that was a question for either Ms Saltmarsh or the Code Enforcement Officer.

D. NEW BUSINESS

There was no new business to come before the Committee.

E. NEW BUSINESS

There was no new business to come before the Committee.

F. OTHER BUSINESS

There was no other business to come before the Committee.

G. ADJOURNMENT

The Meeting was adjourned at 7:45 PM.

Respectfully submitted,

ANNA M. WILLIAMS,

Recording S-cretary

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May 11, 2018

1.
APPROVAL OF AGENDA

Ed
Walsh made a motion to approve the agenda, seconded by Kimberly
Stacey-Horn. All were in favor, the agenda was approved.

2. MINUTES
OF LAST MEETING:

Minutes of last meeting will be tabled.

3. DEPARTMENT
HEAD / COMMITTEE CHAIR UPDATES:

None.

4.
OLD BUSINESS

A.
SPECIAL TOWN MEETING WARRANT:

The
Town Administrator, Jennifer Roux told the Board that the
recommendations for the overdraft were made as directed. If they
approve to sign it, it will be posted and then officially scheduled
for May 23^rd. Since the Board already read it, they
sought a motion to approve. Ed Walsh made a motion to approve the
special town meeting warrant, seconded by Kimberly Stacey-Horn. All
were in favor, the warrant was approved.

B.
MARIJUANA

The
Board of Selectmen have an update concerning the veto of the
Governor’s veto (override of the veto). In essence, the question
on the ballot in regards to the ban on Marijuana. The Town’s retail
marijuana ordinance is unenforceable if it were to pass. The Board
discussed what they’d like to do moving forward. Selectmen Miller
read the options available to the Town. These options are:

*
The Town may pull the proposed ordinance from the warrant as long as
ballots have not been printed and distributed. The town can then
propose a new ordinance, post notices, hold a public hearing and
schedule a special town meeting to vote.

*
The Town can keep the ordinance on the ballot as written, if the
voters adopt the ordinance, it will have no legal effect, but is
there is no harm in it. However, it is not unenforceable.

*
The Town can amend the ordinance and the title but it is messy to do.
Mrs. Miller feels like we’d be trying to hide something or hurrying
to take care of. There is no rush. Currently the Town is in a
position to have to opt into this in order to have any retail
marijuana. The only concern we have is with the community grow which
could propose problems which we couldn’t enforce as a town. Mr.
Walsh indicated the way the Board had thought about this and formed
the ordinance and the question proposed before the voters was fine
because the State had not gotten anything together yet in writing
regarding this. However, now they have. There is a new set of rules
which makes our question obsolete before even asked of the voters. He
suggested we pull it and get our committee together to look at it and
come up with a new game plan. Ms. Stacey-Horn agreed.

Mr.Cashin
asked the Board if they have considered a moratorium to cover
community grow. Mrs. Roux summarized that a moratorium would have to
go to the voters as well. and if that was the direction the Board
wanted to go, they mine as well as the voters if they wanted to vote
on an updated ordinance. Attorney Kramer corrected all the statue
labels (numbering), as well as, added a section about the limitations
on home cultivation.

Mr.Cashin
asked about a town meeting to see the amended document. No one has
yet seen the changes as of yet, including the Board. The only
changes made were those requested by the committee. The
recommendation was, there is a public hearing scheduled on Tuesday
why not go before the voters and explain this is unenforceable and
thus we pulled. Present the new question, show the changes and note
the quickest time frame to schedule another election. The order can
be prepared for Tuesday if that is the Board’s direction. This will
allow all a chance to read before voting.

Discussion
ensued on whether to have two questions proposed. 1) for retail
marijuana ban and 2) for personal/community growth. Mr. Nass
approached the board regarding the coupling of both questions. He
remarked, the ban even though they don’t need it, we can be on record
of where we stand. He also indicated his concern on using domicile
word use and it’s meaning. He also asked if a preamble could be
drafted on the ordinance indicating public opinion and how it affects
the town. In summary, if the Board is in agreement with pulling the
question on the ballot for marijuana there must be an official vote.
Ed Walsh made a motion pull the Marijuana question we currently have
on the ballot, seconded by Kimberly Stacey-Horn. All were in favor,
the question will be pulled. Public hearing at 7 pm on Tuesday will
stand as the Board believes the people need to be clearly informed
that this was not enforceable as written to any who will show up.
Order will be prepared for Tuesday.

Mr.
Nass asked it was the same rules for Tuesday’s public hearing. Yes,
3 minutes; once around, property owner/residence, property owner, and
tax payer. Remind all there is going to be a public hearing on the
updated ordinance.

Mr.
Cashin asked if there is any way to create the means to vote on this
other than a special meeting. The Town Administrator said this will
be a full referendum vote, per the Board.

5. NEW
BUSINESS:

None.

6. PUBLIC COMMENT

None.

7. ANNOUNCEMENTS:

Spaghetti dinner tonight from 5 to 7 pm to support Odyssey of the
Mind Team traveling to World Competition.

8. UPCOMING MEETINGS:

Board of Selectmen’s Meeting, Tuesday at 5 pm.

Public Hearing, Tuesday at 7 pm.

9. MEMBERS PRESENT:

Ed Walsh, Selectmen, Elise Miller, Selectmen, Kimberly
Stacey-Horn, Selectmen,

and Jennifer Roux, Town Administrator

10. OTHERS PRESENT:

Tom Cashin, Richard Nass, Susan Meehan, Brendan
Meehan, Leslie Berlin

The post May 11, 2018 appeared first on Tteddo, Inc..

May 8, 2018

1.
APPROVAL OF AGENDA

Ed
Walsh made a motion to approve the agenda, seconded by Kimberly
Stacey-Horn. All were in favor, the agenda was approved.

2. MINUTES
OF LAST MEETING:

Minutes of last meeting will be tabled.

Jill
Kramer, Bourque & Clegg Re: Changes in Marijuana Law

The
way the current ordinance is written is no longer valid based on the
recently changed law. It references the wrong statutes. Ms. Kramer
explained what the changes in the marijuana law were, and why our
ordinance it is written incorrect, as well as our options.

Maine
legislature over rode the Governor’s veto last week and enacted new
marijuana legislation entitled, “Don’t use Marijuana, Marijuana
Legalization Act” (28B MRS Section 101). The title section 7 (the
portion that Acton based it’s ordinance on) was repealed. The new
28B section was totally reworked to eliminate marijuana social clubs
and add retail establishments such as nurseries and testing
facilities are allowed. A lot of the same things in Title 7 are still
there.

Major
changes to the new statute are as follows:

• Makes it clear that municipalities must opt in, to allow any kind of
  marijuana retail establishments. Not just stores but cultivation
  facilities, testing facilities, nurseries, and other things like
  that. The town can opt into one, all or none of those. If the town
  decided to not do anything, they are automatically banned. Even if
  an ordinance is enacted, the applicants must also make application
  to have these establishments and if the town does nothing with them,
  then they are deemed as denied. So there are several levels of
  protection built in for the municipalities. The town needs to allow
  it and then extra allow it. So, before anyone can do anything with
  regards to marijuana growth or sales in town related to marijuana
  sales.

• A second component the municipalities can weigh in on and that is
  the home cultivation provision. This basically allows anyone over
  the age of 21 to grow up to 3 adult plants, 12 immature plants and
  any number of seedlings either on a parcel of land where they are
  domiciled, a parcel of land they are not domiciled on but they own,
  or a parcel land which is owned by someone else and they have
  permission to grow there. The 3 plants are attached to the
  individual, so I can’t have 3 plants on my land, 3 plants on another
  piece of land I own and 3 plants on a piece of land I have
  permission to grow on at the same time. The way the statue is
  written allows for those 3 options of where they want to grow their
  plants, however, the town has some extra say here. The
  municipalities are allowed to limit where the plants go to on the
  parcel which the person is domiciled. The ordinance would indicate
  these parameters.

So,
the proposed ordinance as written is outdated. The statute it
references has been repealed and it is not enforceable. Common
understanding here is this is a ban on marijuana is unnecessary
because they are not allowed until they are allowed.

Jerry
Nulton of the Marijuana Committee approached the podium to speak on
this new change. He understands that social/community growths is an
unlicensed growth and the town can do nothing about it effective
today and it should be acted on quickly. They were warned about
this. As far as the ban goes, its not necessary to have this ban,
but he thinks it is to our advantage that the town go on record and
voice what they want. The town voted roughly 56 to 44 on legalizing
to make sure their kids weren’t being criminalized. Going on record
makes a lot of sense but at the same time I think we should limit
personal grow to on domiciled parcels. Another item to note that its
different from the original legislation (as predicted), there is zero
tax revenue for the town and no benefit of tax relief to the town.

The
Town Administrator, Jennifer Roux asked if the ordinance could be
amended with the recommended changes at this point. Ms. Kramer will
look into this in the next few days.

Mr.
Nass approached the podium with his reminders:

• All towns around us has a ban on recreational marijuana activity.
  He suggests, even if citations are incorrect, we should still vote
  on this.

• Another message he gleans from all the work done is that there are
  a lot of organizations looking for loop holes in this legislation.
  We now have an opportunity to make a statement and we should still
  vote on it.

• Mr. Nass also indicated that this should remain a normal public
  hearing even if there are changes. Mrs. Roux indicated you can make
  minor changes, but they need to be relevant to the question.

Mrs. Roux is recommending to the Board that they publicly announce
and hold a meeting Friday, May 11^th at 4 pm or whenever
convenient because absentee ballots need to go out May 12^th
and an answer is needed.

Ms. Kramer will get answers to these questions back to the Board
before a decision is made.

Jerry spoke again regarding personal growth, by making money off of
the process, it becomes relevant for retail aspects.

Special meeting set for Friday, May 11 at 4 pm.

3. DEPARTMENT
HEAD / COMMITTEE CHAIR UPDATES:

A. Forest/Conservation
– Hebo Hybo

Carl
Davis update. All were sent a letter. Received 8 letters back and 3
phone calls. Three of the letters returned letters did not want any
use in terms of a recreational trail; 5 of those letters wanted
more information. Of the phone calls, 1 call indicated they were in
favor and the other 2 wanted more information. As of now, the plan
is to have a meeting within the next couple of months with the land
owners and get ideas from there of what their thoughts are as well
give out more information.

Lois
Michaud would like to have any information concerning changes,
upgrades and/or shared to those on Hebo Hybo so that she can present
it to the people that have Maple Grove as they will be meeting in
June. Also, she would like a 2 week notice prior to any meetings
because a 24-hour notice is just not enough time. Mrs. Roux
announced that she has turned over all documents pertaining to Hebo
Hybo Road that the Town has.

Next
item is the cemetery on Hobbs Farm. Three River’s Land Trust sent a
letter which he read to all present. They wanted to withdraw from
being caretaker of said cemetery and reassign responsibility to the
Cemetery committee. The Board would need to appoint a new caretaker.
Discussion ensued on financial responsibilities of this care. Stones
are $1,000 apiece per stone. Ms. Michaud indicated she does not
have the budget for it. Mr. Davis and Ms. Michaud both indicated a
lot of work has been done on that cemetery, but currently they don’t
have enough volunteers to do all the work. Ms. Roux asked if it is
imperative to repair stones in the first year. Ms. Michaud indicated
that these are generally first priority. Discussion ensued on who’s
property the cemetery was located on. Then, the next biggest
problem is the trees on the property. Tabling until next week until
more information surrounding ownership can be resolved.

B.
Check Presentation to Southern Maine Veteran’s Memorial Cemetery
Association

5013c
donation after April taxes. Check presented and pictures taken with
Jim Batchelder. Jim also updated everyone on their current 4 major
projects/events: Memorial Walkway

project,
Memorial Day Ceremonies at Committal Shelter at 1 pm, POW/MIA
Memorial placing of Vietnam War Veteran’s tablet; and on
Veteran’s Day there will be a 100 Year Anniversary Celebration
of Armistice Day at WWI Monument being built.

C. Road
Committee, Cindy Hart

RSMS
Review. Discussion ensued regarding date of training and information
to be shared on website. Next discussions ensued time commitments
and process to document information received in going over road
survey data. Scheduled for the 15^th. Request was made
holding the mapping information downstairs; the Board of Selectmen
agreed that would not happen, it will be upstairs. The Town
Administrator was concerned on the who, what and where’s of the
program residence and the retention of the information and how it
would be stored on the Town Server. She indicated she would need
direct instruction from the Board on what this is going to be and the
extent of the responsibilities of the her and the town, especially
regarding accessing the computer. Board supports this program and
Mrs. Roux needs to be the key computer operator as others can not
access our systems. Class is 3 hours long. Training will be May
15^th from Noon to 3 pm.

D. Flat
Ground Road

Survey
results are in. Out of 32 property owners, 23 survey letters were
returned, 9 were not. Out of the 23 received, all 23 were positive.
The Board agreed that it was clear the article should stay on the
warrant as scheduled.

4. OLD
BUSINESS:

A.
Atlantic Broad Band Agreement

Mrs.
Roux sent an email to Atlantic Broad Band with changes recommended by
the attorney which was acknowledged. We will hold on old business
until their response to changes is received.

B. Purchasing
Policy

Treasurer
provided purchasing policy last week. Suggested changes were
adjusted. Selectmen Ed Walsh asked that this be tabled one more week
so he could further review the changes. This will be tabled 1 week.

C.
Annual Town Meeting, Warrant Recommendations

• Article 77 was added regarding addition of flag pole and lighting;

• Warrants – recommendations to date have been added to warrant. Ed
  wanted to talk on Article 34 and the only other article that might
  need discussion are some of the road issues.

*Articles 26A – 33 were reviewed. Ed Walsh made a motion to
recommend articles 26 through 33 as written, seconded by Kimberly
Stacey-Horn. All were in favor, the motions carried.

*Article 34 – Mr. Walsh indicated that the Fire Chief with all his
discussions, started out at $80,000 and to take it to $70,000 he
would take a hit to his budget. If it can be put up closer to
$75,000 it will take a lesser hit to outfit it. Anything over the
$75,000 will be a hit to his budget, so this was brought back to
discuss. After discussions, the Board Members felt it can be held at
the $70,000. Kimberly Stacey-Horn made a motion to recommend article
34 as written, Ed Walsh seconded it. All were in favor, the motion
carried.

*The
Town Administrator indicated the next set of warrant articles were
the road articles. She wanted to know if the Board had any
reservations or concerns with these articles since there were
discussions around them, especially Article 42. Ms. Miller indicated
they could vote on Articles 35, 36, and 37. Elise Miller made a
motion to accept Articles 35, 36 and 37 as written, seconded by
Kimberly Stacey-Horn. All were in favor, the motions carried.

*Article
38 – These lines were increased by 20% as they were due to be
increased. Ed Walsh made a motion to accept article 38 as written,
seconded by Kimberly Stacey-Horn. All were in favor, the motions
carried.

*Article
39 – None of the numbers increased; Article 40 had no changes. Ed
Walsh made a motion to approve articles 39 and 40 as written,
seconded by Kimberly Stacey-Horn. All were in favor, the motions
carried.

*
The remaining Articles will be reviewed next week.

D.
Downstairs Office

Tabled
until next week; still working on budget lines.

E.
Candidate’s Night

Date
change. New date is Wednesday, May 23^rd at 7:30pm.
Hoping to follow special town meeting at 7 pm. A copy of the flyer
is available.

F.
Odyssey of the Mind

Goal
was $12,000. They have currently raised $11, 088 dollars. May 11^th
Spaghetti dinner will hopefully put them over the edge. Extra
funds will rollover to next year’s team.

5. NEW
BUSINESS:

A. Special
Town Meeting Recommendations/Warrant

Recommendation
needed on overdraft warrant to approve as written or not. Ed Walsh
made a motion to approve as written, seconded by Kimberly
Stacey-Horn. All were in favor, motion carried. Will present Friday
to be signed.

B.
Non Zero Tax Balances

2017
taxes are printed out. There are 18 accounts with <$1.00 and 19
accounts with <$5.00

balances.
Looking for instruction on what you want to authorize to be written
off and what you want letters sent to before we start the lien
process. Mrs. Roux recommended we write of <$1.00 and send a
reminder letter the rest.

6. PUBLIC
COMMENT:

None

7. ANNOUNCEMENTS:

BOS Office Hours First, Second and Third Thursday of Each
Month 7:00 to 8:00 pm

05/11/2018 Spaghetti Dinner, 5:30 to 7 pm, $5 donation, to support
Odyssey of the Mind Team

05/15/2018 Public Hearing on Marijuana Ordinance, 7 pm

05/17/2018 Acton Planning Board Public Hearing, 7 pm

05/23/2018 Candidates Night, 7:30 pm

05/23/2018 Library hosting presentation on Loons, Wakefield House,
2 to 4 pm

8. UPCOMING MEETINGS:

05/15/2018 BOS, 5 pm

05/14/2018 Forest/Conservation Committee Meeting, 7pm

05/15/2018 Marijuana Public Hearing, 7 pm

05/17/2018 Planning Board, 7 pm

05/17/2018 Recreational Committee Meeting, 7 pm

05/22/2018 BOS, 5 pm

05/24/2018 Cemetery Committee Meeting, 5 pm

05/29/2018 BOS, 5 pm

9. MEMBERS PRESENT:

Ed Walsh, Selectmen, Elise Miller, Selectmen, Kimberly
Stacey-Horn, Selectmen,

and Jennifer Roux, Town Administrator

10. OTHERS PRESENT:

Jim Batchelder, Carl Davis, Cindy Hart, Jill Kramer,
Lois Michaud, Richard Nass, and Jerry Nulton

The post May 8, 2018 appeared first on Tteddo, Inc..

May 1, 2018

1.
APPROVAL OF AGENDA:

Ed
Walsh made a motion to approve the agenda, seconded by Kimberly
Stacey-Horn. All were in favor, the agenda was approved.

2. MINUTES
OF LAST MEETING:

Ed
Walsh made a motion to approve the minutes for April 10, 17, and 24,
2018, seconded by Kimberly Stacey-Horn. All were in favor, the
minutes were approved.

3. DEPARTMENT
HEAD / COMMITTEE CHAIR UPDATES:

None

4.
OLD BUSINESS:

A. Atlantic
Broadband Agreement

The
Town Administrator, Jennifer Roux provided a recap on where this
stood. The agreement is not yet signed. The Board asked that
Bourque and Clegg review the Atlantic Broadband agreement draft
versus the Metrocast agreement. After review of said agreement
draft, they pointed out several instances whereas the Atlantic
Broadband agreement extended the life and time to their benefit on
established items in the Metrocast agreement. Examples included but
are not limited to the extension of service based on the number of
homes, liability insurance, restoration turnaround times, etc. A list
was provided to the Board and they will review and rebut that we want
many of these things to stay as they were. If you have any
questions ask one of the Selectmen or the Town Administrator.

B. Mass
Gathering Permit, Dead Beat Customs

The
Town Administrator researched, as requested by the Board, into the
background of Dead Beat Customs and their past events. Mrs. Roux
found no incidents and everything looked good historically. Elise
Miller indicated that the Board will recommend to them that they have
a deputy on duty that evening for traffic and it was noted that the
Sheriff department always has copies of mass permits and will be on
alert as well. Ed Walsh made a
motion to approve the Dead Beat Custom’s mass gathering permit,
seconded by Kimberly Stacey-Horn. All were in favor, permit was
signed and granted.

C.
Marijuana Public Hearing

Jennifer
Roux indicated she had a follow up from last week discussions and
questions proposed by Mr. Nass. Proposed questions were: “Will you
allow nonresidents to attend the public hearing and speak?
Response, anyone can attend the public hearing. Only property owners
or residents will be allowed to speak. “Are you going to set time
limits on the speakers?” Yes, three minutes and no rebuttals or
comebacks. “What role do you want the Marijuana committee to take
at the public hearing?” As long as it pertains to the question on
the ballot, only a couple of minutes pertaining to the history of the
committees role. Ms. Roux reiterated that they wanted to make sure
all the questions and items discussed would only pertain to that one
question on the ordinance. Mr. Nass stood and asked them to clarify
the no comebacks if by answering questions they had to come back up.
Ms. Miller commented the hearing is just for the ballot and suggested
there be a different type of gathering after the public hearing to
answer all those other varying questions.

5. NEW
BUSINESS:

A. Cemetery
Check Request

The
Town Administrator ordered flags for the Cemetery committee.
Initially is was quoted at $500, however it was actually $650. She
needs the Boards authorization to pay the extra amount on the card.

B. Purchasing
Policy

The
Treasurer met with FEMA this week to go over roads and emergency
management items. They were looking for our purchasing policy. She
has drafted one which you can take with you tonight and put on the
agenda for next week. If you have any questions, maybe you can email
them to me in advance so they can be addressed ahead of time.
Basically everything we already have in place is on here, it is just
formalized into a policy. We are hoping to get it signed in the next
week or two.

C. 18-19
Mowing Contract

Jennifer
Roux indicated any work done for the town which exceeds $5,000 needs
to go out to bid. Looking at the 18-19 mowing contractor, the amount
is under the $5,000 mark. She also noted was that we have had the
same contractor for many years. Everyone is happy with the services
provided and the owner is willing to leave costs at the same price as
last year. There was a question which arose to whether he will need
to add the recreation fields or not. However, Brian White does those
fields and intends to continue to do them. For this new contract
nothing has changed. Jennifer Roux asked the Board if we want to
continue with his services or does it need to go out to bid?
Ed Walsh made a motion to waive the bidding process and continue
services with Ham’s property for the same amount as prior years,
seconded by Kimberly Stacey-Horn. All were in favor, the Town
Administrator will draw up a contract for the Board to sign next
week.

D. Special
Town Meeting

We
have to have a special town meeting because we went over winter
maintenance more than the 15% permitted by law. The Board has also
seen emails from the rec center regarding electrical work to be done.
Due to time constraints it can not be expended by June 3oth, so an
article will need to be placed on the annual town meeting warrant for
18/19 with work starting July 1. After talking to all parties
involved July 1 was the safest bet. With your permission, we are
calling back the Warrant/Finance committee to make a recommendation
on this special town warrant, so at the same time we will let them
know we have added article 77 to seek the town vote to appropriate
dollars from the recreation capital improvement fund for the
operation to expend that account.

E. 18-19
Annual Town Meeting

With
the Board’s approval, we have a date for the 18-19 Annual Town
meeting which is May 23^rd at 6 pm. The Board indicated
that they would like the time to be 7 pm. The only article on the
agenda is to ratify the overdraft of winter maintenance. If monies
are not expended, it will go back into their account.

Articles
9, 10, 11 and 12 are all containing to zoning. After meeting with
the code enforcement officer to review, the Board wanted to vote on
all of them together.

Article
13 Acton Fire Rescue ordinance addressing the appointment of
officers. Ed Walsh made a motion to approve articles 13 as written,
seconded by Kimberly Stacey-Horn. All were in favor, the motion
carried.

Article
14, 15, 16, 17, 18, 19 were reviewed. Ed Walsh made a motion to
approve articles 14 through 19 as written, seconded by Kimberly
Stacey-Horn. All were in favor, the motion carried.

Article
20 – Maximum Rate for Abatement. This article is to approve the
amount of interest to be charged after October 16^th
and April 16^th,
the maximum is 8%. Ed Walsh made a motion to approve the maximum
amount (8%), seconded by Kimberly Stacey-Horn. All were in favor,
the motion carried.

Article
21, 22, 23, 24,25 were reviewed. Ed Walsh made a motion to set
Article 21 rate at 4% and to approve articles 21 through 25 as
written, seconded by Kimberly Stacey-Horn. All were in favor, the
motion carried.

The rest of the articles will be reviewed at the next meeting.

F. Maple
Stone Donation

Maple
Stone was in today. The Town Administrator showed the Board pictures
of picnic tables made by the children of the community. They would
like to donate one for goat hill. All they get is the community
service hours. So, if you accept the donation, we can sign off on the
hours. The Board agreed to accept the donation.

Culverts
on H Road issue was resolved with property owners and Code
Enforcement officer on a conference call.

G. Downstairs
Office

Ken
Paul would like to turn the rec room downstairs into his office and
reassign the other offices and space. Jennifer Roux will sit down
with him in a few days to review requirements and costs. The Board
agrees with the increase of staff, the Town Administrator will work
on it next week. Elise Miller asked if we should involve Peter with
equipment that might need to move. Mrs. Roux will contact Peter.

6. PUBLIC
COMMENT:

Lois
Michaud: Asked about the purchase of the flags as they are waiting.
She also wanted to thank Jennifer Roux for doing the Warrant/Finance
committee meeting and asked if they could compensate. Jennifer
thanked them and explained since she is on salary it is part of her
position and not the agreement that she be additionally compensated.
The Board thanked her for her consideration. Thirdly, Lois was asking
about 2 veterans graves that were unattended. It will be addressed
in a letter being sent to Three Rivers Land Trust on another matter.

Joe
D. from Lakeside Drive
wanted to clarify 2 items for the record. 1) There were 3 residences
on the unpaved portion of Buzzel Road and 2) it is only this past
year that snow plowing was stopped at the end of the payment area.

7. ANNOUNCEMENTS:

BOS Office Hours First, Second and Third Thursday of Each
Month 7:00 to 8:00 pm

05/11/2018 Spaghetti Dinner, 5:30 to 7 pm, $5 donation, to support
Odyssey of the Mind

05/15/2018 Public Hearing on Marijuana Ordinance, 7 pm

Copies of ordinance are available in Town Office

05/16/2018 Candidates Night, tentatively 7 pm

05/17/2018 Acton Planning Board Public Hearing, 7 pm

Conditional use permit requested by Richard Leaknee, Map 235 Lot
011

to establish an automotive repair facility

8. UPCOMING MEETINGS:

05/01/2018 BOS, 5 pm

05/03/2018 Planning Board, 7 pm

05/08/2018 BOS, 5 pm

05/15/2018 BOS, 5 pm

05/15/2018 Marijuana Public Hearing, 7 pm

05/17/2018 Planning Board, 7 pm

05/17/2018 Recreational Committee Meeting, 7 pm

05/22/2018 BOS, 5 pm

5/24/2018 Cemetery Committee Meeting, 5 pm

05/29/2018 BOS, 5 pm

Elise Miller announced that the Library has passes for the Children
Museum and Theater, Portland, Me. 1 pass per family per day.

Ed Walsh made a motion to adjourn,
seconded by Kimberly Stacey-Horn. All were in favor, the meeting was
closed

9. MEMBERS PRESENT:

Ed
Walsh, Selectmen, Elise Miller, Selectmen, Kimberly Stacey-Horn,
Selectmen,

and Jennifer Roux, Town Administrator

10. OTHERS PRESENT:

Unavaiable

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