Town Council=20 Meeting

July 21,=20 2009

Open Town Meeting: Councilor Oscar Emerson = opened the=20 Town Council Meeting at 6:30 pm.. Town = Council present=20 included, Nicholas Wood, Lillian Coulter, Audrey Wilcox, Fred Gifford = and Oscar=20 Emerson. Office staff = present was=20 Town Manager Melissa Doane.

Review of Minutes: Councilor Gifford made a = motion to=20 accept the July 7, 2009 minutes as presented, Councilor Coulter = seconded, no=20 discussion vote 5/0.

Citizens Request: = Minnie Rowell addressed the = Town=20 Council stating that she and Robert were in attendance to request = conditional=20 approval of the Highpoint Place Extension. =20 She stated they are requesting conditional approval as they have = not=20 placed the dry hydrant in yet; however they have meet with Chief Gifford = and=20 have the intent to place the hydrant in. =20 She further stated that she has heard =93scuttle bug=94 = throughout the Town=20 and would like some assurance that Town will accept the road. They have also fixed the areas = mentioned=20 by the engineer, and placed a culvert in for drainage. The engineer has stated that = he is=20 available via speaker phone if it is necessary. Chairperson Emerson stated = that the=20 Rowell=92s were placed on the agenda, item #7, therefore the Council was = scheduled=20 to speak about the project. =20 Chairperson Emerson asked, Manager Doane for her thoughts. = Manager Doane=20 asked if the road repair areas had been paved, the Rowell=92s stated it = had. She further added that was one = of her=20 concerns was placement of the dry hydrant, which the Rowell=92s have = addressed.=20 Manager Doane stated that it was her opinion that Mr. and Mrs. Rowell = had done=20 what was required by the road acceptance standards and policy. Those requirements were = summarized as=20 providing a letter from a certified engineer before paving starts that = the road=20 base meets the criteria established in the subdivision ordinance in = which the=20 subdivision ordinance was developed and additional a letter once = pavement is=20 completed stating that the pavement meets the required criteria. Councilor Emerson asked = Charles Norburg=20 to speak on his opinion of the road. =20 Manager Doane stated that as Code Enforcement, the conditions of = the=20 roads are not his expertise that the Town Council had asked him to = review the=20 area to insure that the work was completed as mentioned by the = engineer. Councilor Emerson stated that = he=20 understood that however, would like his thoughts as he will have the = interest of=20 the Town. Mr. Norburg = stated that=20 he was not that familiar with the rubber sealant used to fix the cracks = in the=20 road that appeared over the winter, it was his opinion that the cracks = would=20 have to be re-addressed on a yearly basis. =20 Mr. Norburg further stated that the work that the engineer = highlighted in=20 his previous letter was completed. =20 Mrs. Rowell stated that the engineer did not feel that would = happen, that=20 the road failed because of inadequate travel and plowing. =

Councilor Coulter asked why = the=20 Rowell=92s were coming in for approval, when they were told that a dry = hydrant=20 needed to be placed before approval. Mrs. Rowell stated they are = looking for=20 conditional approval because of all the =93scuttle bug=94, Councilor = Coulter stated=20 she was not aware of any of that. =20 Mrs. Rowell stated that someone stated quoting that this would = never be a=20 town road. Manager Doane = stated=20 that has never been spoken at a Town Council meeting,=20 and that is the only place that Town Council members can conduct Town=20 business. Pam Robichaud asked if the dry hydrant was an=20 add on after the approval and the additional road work = required. Manager Doane stated that it = the dry=20 hydrant placement was part of the planning board approval from the=20 subdivision. Mr. Rowell = disagreed,=20 however Mrs. Rowell stated they would be placing the dry hydrant = in. Manager Doane clarified that = it was the=20 Town=92s position that the dry hydrant was part of the planning board = subdivision=20 approval. Harold Dahl resident of Highpoint Place Extension stated that = he would=20 not have built out there if the road were not going to be accepted. He further stated that every = road in=20 Maine cracks and that the Town Council should not hold the road approval = because=20 of them. Manager Doane = stated she=20 had never heard a comment that the road was not going to be = accepted. Linda Dahl stated that she = didn=92t think=20 that it was fair that the Rowell=92s have had to go through everything = they have=20 had to do to get the road acceptance. =20 Councilor Emerson stated that the requirements and there has to = be=20 procedure and requirements for all developers, that there are criteria=20 established by subdivision ordinance and road acceptance policies. The things that the Rowell=92s = have had to=20 do are part of evidence and information gathering process to insure that = everything has been done that is required. Rhonda Rowell asked if = this=20 discussion was even necessary as they had met the criteria, Councilor = Emerson=20 stated that the Town Council has to have this discussion. Marty Jackson = resident of=20 Highpoint Place stated that he has seen the work done on the road and = seen Mr.=20 Rowell review the road when there is heavy rain to watch the drains and = culverts=20 to insure they are working. Wayne Robichaud, = resident=20 of Bradley stated that he drove around Town and there are several roads = with=20 cracks. Manager Doane = stated her=20 recommendation would be that the Town Council not accepts the road until = the dry=20 hydrant is placed, she further stated the motion could be a conditional=20 approval. Councilor = Wilcox asked if=20 the item should be tabled until the dry hydrant is placed. Mrs. Rowell stated that they = need some=20 insurance that the road will be accepted before placing any more money = into the=20 project. Pam Robichaud stated that they are = looking=20 for insurance that there will not be any more requirements and that once = the=20 fire chief accepts the dry hydrant the road is accepted. Mrs. Rowell stated that Chief = Gifford=20 had spoken with the Rowell=92s giving very good guidance regarding = placement and=20 there should not be an issue with that. =20 Councilor Gifford asked Manager Doane for some direction = regarding the=20 motion. Manager Doane = stated that=20 based on discussion, the motion may be one of that the Rowell=92s have = meet the=20 criteria established in the subdivision approval and the road acceptance = policy=20 and once the dry hydrant is placed in the subdivision the road will be = accepted=20 by the Town Council. = Councilor=20 Gifford made a motion to accept the road (Highpoint Place Extension) = with the=20 condition that the dry hydrant be put in, seconded by Councilor = Coulter. Councilor Gifford stated that = once the=20 tank is placed in the fire department needs to be contacted. Mr. Rowell stated that he has = spoken to=20 Chief Gifford and will notify him upon tank installation, vote 3/0 = (Emerson and=20 Wilcox abstained). =20

Citizen Gerald Roy = approached the=20 Town Council regarding the letters he has received from the Town = requiring him=20 to clean up his junk cars etc. = Mr.=20 Roy stated he has tried to keep the area clean, however the cars he has = he=20 intends on using or fixing. = Charles=20 Norburg stated that the State of Maine Junkyard law states that a = resident can=20 only have 3 vehicles that are not registered otherwise they are = classified as a=20 junk yard. If a resident = has more=20 than 3 vehicles it is classified as junkyard in which the resident needs = to get=20 a junkyard license. If = Mr. Roy=20 would like to keep those vehicles they must be under cover. Mr. Roy asked about carport = coverage,=20 Mr. Norburg stated that those are a grey area it would be up to the Town = interpretation. Councilor Emerson stated the new land use ordinance = needed to=20 address those Quonset hut/carports. =20 Manager Doane agreed stating she has been pushing for permits to = construct, therefore giving the town a little = revenue and=20 controlling where there are placed. =20 Mr. Roy stated he intends removing the vehicles he does not need = and=20 tearing down the two buildings on Channel Roy property, however he has = had=20 health issues of the last year. Manager Doane stated that she recommends = to the=20 Town Council that Mr. Roy be given an extension on his clean up = timeline, as he=20 received a letter later than the other land use violations. She further stated that Mrs. = Roy had=20 been in constant contact with her last year regarding Mr. Roy=92s intent = and his=20 health issues. Manager = Doane asked=20 when he could get the cars he intends to keep under shelter, remove the = unused=20 junk vehicles, and tear down the trailers/buildings on Channel Roy=20 property. Mr. Roy stated = he would=20 need at least 90 days. = Town Council=20 was concerned that this would bring them into winter again. Manager Doane stated that as = long as=20 there was considerable progress being made within the 90 days and there = is=20 contact with Charles there should not be an issue. Town Council agreed to allow = Mr. Roy=20 until November 1 to clean up junk vehicles and tear down the old = buildings.=20 Councilor Wilcox commended Mr. Roy for coming in as most that were sent = letters=20 did not respond. Mr. Roy stated he was upset that his neighbors had=20 complained. Councilor = Emerson=20 stated that they may not have received a complaint regarding his = specific=20 property, the Town Council is making a concentrated effort to address = all=20 properties that are not in accordance with the State Laws.

Charles Norburg stated that = he had=20 reviewed the other properties that had been sent land use and junk yard = notices.=20

Muriel Pulk=20 Besse had made substantial clean up and the = property=20 was 200% better. He did = state that=20 as Health Officer he had concerns as to what was in the hut located in = back of=20 the property, as it is covered now and before there was a lot of wet = items in=20 which rats and such would be attracted to. =20 He intends on following up with the = contents.

Judith Tinkham had cleaned all the construction debris = from her=20 property. Councilor = Wilcox and=20 Manager Doane questioned if both areas had been cleaned. Mr. Norburg stated he believed = they had,=20 however he would check.

Alex Young has removed the = junk=20 vehicles from his property, he has one which he is allowed and it is out = of=20 sight.

Richard Page does not have = a lot of=20 junk however weeds and no lawn, he does have a tire changer and a = propane tank=20 outside of the fence area however they are usable items. Councilor Wilcox asked how = many vehicles=20 he had behind the fence, Mr. Norburg stated he was not sure; however = could=20 check. Councilor Wilcox = also asked=20 about the trailer in the right of way, Mr. Norburg stated it was going = to be=20 moved. Manager Doane asked about the condition of the fence as it seems = to be=20 falling down. After = discussion it was decided that Mr. Page is required to have a =93free = standing=94=20 fence to cover all the junk so it is not visible to neighboring = properties. Mr. Norburg will make contact = with=20 him.

Edward Buck has a lot of = useable=20 items that may not be classified as junk however it is all visible to = the=20 neighboring properties. = Mr. Norburg=20 stated that he had removed the junk vehicle in the front yard and that = most of=20 the debris was wood that he cuts using his sawmill. Manager Doane stated = that=20 when Mr. Norburg and she visited the property he was told to build a = fence by=20 August 1, 2009, while it is not yet that date, it is unlikely that he = can=20 construct a fence that quickly. = Mr.=20 Norburg further Mr. Buck has items on a neighbor=92s property, however = the=20 according to Mr. Buck the neighbor is ok with it. Manager Doane reported that = the real=20 estate company that is trying to sell the house has a problem with the = Buck=20 property. After = discussion it was=20 decided that Mr. Buck has until August 1 to construct a fence or come to = the=20 Town Council on the August 4, 2009 meeting

Manager=92s=20 Report:

Manager Doane reported that = the=20 Penobscot County Prisoners worked at Knapp Cemetery last week. She was able to find epoxy to = repair=20 stones and she purchased a small sprayer, bleach and brushes that = allowed them=20 to clean the stones. The = prisoners=20 trimmed the property line and the area in which the older stones are=20 located. She was very = pleased with=20 the work and has written a letter to Penobscot County thanking them for = the=20 service.

Manager Doane has followed = up each=20 week with the Chemo Pond/Town of Clifton Dumpster, as she reported the = last=20 meeting it had not been set in the correct place and there was no lock = or=20 sign. Maine Waste Systems = moved the=20 dumpster and placed the lock and sign on it. There was an issue with the = dumpster=20 being too small; she had Maine Waste deliver a larger dumpster to hold = the=20 trash. The Clifton Town = office is=20 happy with everything at this time and is appreciative on the updates.=20

Animal Control Officer, = Joe=20 Murphy reported to Manager Doane that he summons Kevin Phinney on May 27, 2009. There had been 3 separate = complaints=20 regarding the dogs barking starting back in November. Mr. Phinney=92s court date was June 9, 2009 and he = plead not guilty. =20 It appears that the new court date is August 18, 2009. Manager Doane has made contact = with Mr.=20 Bearor regarding what the procedure will be.

The Household Hazardous = Waste was a=20 success on Saturday, there were 98 permits issued. Manager Doane to date has not = had any=20 complaints.

Liens for the 2008 tax year = were=20 filed on July 15, 2009; forty (40) accounts were affected.=20

Manager Doane meet with = Brent Folster=20 from Merrill Merchant bank on Thursday July 16 and received a letter = granting=20 approval for the general obligation bond up to an amount of $900,000, = the=20 information was provided to Town Council today regarding payment = schedules and=20 rate amounts. Merrill = Merchant is=20 allowing the Town to pay only interest this first year, which was a = request of=20 Manager Doane, due to the uncertainty of the FEMA grant and the large = increase=20 of school appropriation, this will help relieve some of the tax = burden. She further explained that = according to=20 Mr. Walker, The Town of Bradley=92s local assessment will be lesser next = year due=20 to the fact that amount will be figured per valuation and = population. Due to the uncertainty of the = FEMA grant=20 approval paying interest only is a good option as it is unclear exactly = how much=20 is needed to be borrowed, Manager Doane would hate to have to figure an = entire=20 bond payment of $59,000 when only 38,000 may be necessary if grant = funding comes=20 through.

Information was sent to all = taxpayers=20 regarding their new valuation. = The=20 letter allows taxpayers an opportunity to = compare what=20 their tax bill would have been using last year=92s budget amounts and = their new=20 values. Mark Gibson is = scheduling=20 appoints to meet with people within the next few weeks, to date he has = one=20 appointment and two phone calls to make. =20 If all goes well the mill rate will be established at the August = 4, 2009=20 Town Council meeting. = Using the=20 figures that Mark provided her she is estimating a mill rate of 12.00 = per=20 thousand dollars of valuation.

Unfinished Business: Town Council was directed at the last = meeting to=20 review the Ten Road Extension area to see if there is a need for = additional=20 street lights. It was = agreed that a=20 street light was likely needed at Pine Knoll and the Cul de sac areas. . =20

Municipal Warrants: Councilor Gifford made a = motion to=20 accept municipal warrant # 6 1in the amount of 4314.73 and warrant # 7 in the amount of = 17878.24,=20 warrant #8 1008.14 seconded by Councilor Gifford no discussion, vote=20 5/0.

Next Meeting: Next meeting was set for = August 4,=20 2009 at 6:30 p.m.

Executive = Session: Motion to enter into executive = session=20 according to M.R.S.A. Title 1 section 045 6F to discuss a=20 poverty abatement made by Councilor Emerson, seconded by = Councilor=20 Wilcox, no discussion, vote 5/0.

Motion to exit from = executive session=20 according to M.R.S.A Title 1 section 405 6f made by Councilor Coulter = seconded=20 by Councilor Gifford, no discussion, vote 5/0.

Motion to grant or deny = poverty=20 abatement #09-10-01 discussed in executive session, made by Councilor = Wilcox,=20 seconded by Councilor Gifford no discussion, vote 5/0. =

Adjourn: Councilor Wilcox made a = motion to=20 adjourn seconded by Councilor Emerson, seconded, = no=20 discussion, and vote 5/1.