TOWN OF PATTEN Wednesday, April 18, 2018 Board of Selectmen Meeting 6:30 p.m. Patten Town Office MINUTES

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1 TOWN OF PATTEN Wednesday, Board of Selectmen Meeting 6:30 p.m. Patten Town Office MINUTES 1. Call to Order: Reggie called the meeting to order at 6:33pm 2. Roll Call: Selectmen: Marty McCarthy, Gregg Smallwood, Reggie Porter, Sr., Ken Perkins, Lana Tucker; Public Works Director Kevin Noyes, Dennis Ryan, Sr., Dennis Brackett, Town Manager Ray Foss. 3. Signatures a. Approval of payment for March invoice from Noyes Landscaping i. The payment was approved in writing on April 5, 2018, signed by Board, consistent with contract approval on April 4, ii. A motion was made by Reggie, seconded by Gregg, to approve the payment. The motion carried unanimously. b. Warrant #8 Sewer, Water, General Government, Ambulance, General Government Payroll & Ambulance Payroll Warrant i. Includes payments to Richardson s for Library and Rec projects done by students ii. A motion was made by Gregg, seconded by Marty, to approve the warrants. The motion carried unanimously. c. Approval of Selectmen Meeting minutes of April 4, 2018 in folders i. A motion was made by Gregg, seconded by Reggie, to approve the minutes as written. The motion carried unanimously. d. Approval of hiring Smallwood Inc to tear down 392 Shin Pond Road i. This was approved orally by poll of Board members on 4/9/18 ii. Marty made a motion, seconded by Reggie, to approve the hiring and to cover fuel costs. The motion carried with 4 yes and 1 abstention (Gregg). e. Approval of Water and Sewer Commitments and Warrants 2 nd Quarter In folders i. The bills were mailed out 4/13/18 (which was about a week later than hoped) ii. A motion was made by Reggie, seconded by Gregg, to approve the commitments and warrants. The motion carried unanimously. f. Approval of Christine Parker appointment on Planning Board i. She attended the 4/10/18 meeting ii. A motion was made by Reggie, seconded by Gregg to approve the appointment. The motion carried unanimously. g. Approval of contract with CES on Groundwater Monitoring in folders 1

2 i. This is a continuing contractual relationship for sewer plant; approved last year in April. ii. Ken made a motion, seconded by Reggie, to approve the contract for Kevin said this was the 5 th year of the license. Kevin is going to negotiate to lower the costs for the new year/new contract. The motion carried unanimously. h. Approval of Real Estate Tax Abatement request i. This relates to Richard Adams ii. Randy Tarr has not been at town office since last meeting; Ray asks that this be tabled. This item was tabled. i. Approval of Bids for Mowing i. Same language as last year in folders ii. Propose to have 5/3 due date for bids 1. Bids already received 4/18 from Cutting Edge iii. Gregg asked about the mowing of the landfill can it be reduced to once a year rather than twice a year? iv. Gregg asked about the mowing of the reservoir, if the number of times or length could be changed? v. Consensus was to check both questions and modify bids as needed. vi. Note: Kevin checked with State on both questions and consulted with Steve Anderson on changes. We reduced mowing requirements on both reservoir and landfill and posted revised bid specs. New bid was received from Cutting Edge 4/19. j. Approval of Town Manager contract i. Expired at Town Meeting in folders ii. Request same terms as last year iii. Ken made a motion, seconded by Gregg. The motion carried unanimously. k. Approval of Appointments i. Folder of those to be approved ii. There has been a broken protocol getting these done for a long time in Patten. iii. They should be done annually for continuing staff and at town meeting for newly elected and appointed positions. iv. As was discussed at last meeting, we plan to get caught up and then plan to have appointments done at Town Meeting and annually for all positions, employees, board members, elected and appointed offices. v. After a brief discussion to cover the above, the Board agreed not to take the time to go through folder tonight but to come in and sign individually. l. Approval of Contract with Code Enforcement Officer i. Clarissa Porter approved at 4/4/18 meeting. ii. She and Ray negotiated terms on April 13; Ray requests this be tabled for him to write it up and confirm with her. 2

3 iii. Ray gave an outline of terms of the contract, consistent with the one with Barry Higgins, without the training covered. Ray will work to type up contract with Clarissa. m. Approval of ATV Grant Project Certification in folders i. Same form as last year; given to Ray to type up by Dennis 4/18 ii. We don t have the whole grant packet yet iii. Ken made a motion, seconded by Gregg, to approve and sign the certification. Dennis Brackett said they hope to have the full grant proposal ready for signature at the May 16, 2018 Selectmen meeting. The motion carried unanimously. 4. New /On-going Business a. Fred Flint Property hearing 4/18/18 i. Many are interested in parcel ii. Hearing results did not show Default judgment 1. 6/15 to complete 2. $2500 costs 3. $2500 fine iii. What does the Board want to do if they make some kind of offer? iv. The Board confirmed they are definitely willing to take a compromise office. b. Labelle property i. Ray reported consultation with mortgage holder 1. Claim unable to pay mortgage because paying town; but that is not true. 2. They may be going into foreclosure ii. Ray discussion at court with counsel 4/18/18 1. Counsel is going to prepare lien for $2,500 costs judgment c. Tax Acquired Properties i. Bids specs posted around town, on website, on ATV and Rockabema sites, on Shin Pond Village FB page, on Craigslist (still trying to get onto Zillow) ii. Indemnification form prepared for those wanting walk-throughs iii. Signs posted at 2 properties iv. Pictures taken, will be posted v. Update on 392 Shin Pond Road 1. Building removed 2. Burn on site vi. Update on 104 Houlton Street 1. Walked through 4/18; took pictures 2. Fire Dept cannot burn because of Mt. Heights and elderly housing and respiratory issues. vii. Update 102 Main Street 1. Walked through 4/18, took pictures viii. Update on 405 Barleyville 3

4 1. Kevin secured last week ix. Update on 34 Gardner day Notices given 4/6 (third-party and posted), 4/9 (in-hand to parties), consistent with guidance of counsel 2. Notice of intent to inspect posted on premises 4/13/18, consistent with guidance of counsel. 3. Building condemned 4/17, notice orally and posted 4. Garage taken down 4/ vehicles may be left after squatters move out. a. Will work with BMV, police and counsel on resolution. 6. Dennis Brackett get rid of it 7. Dennis Ryan burn it down 8. Marty said we need to make protocol for tax acquired properties 9. Ken said we should bid out for whatever is left 10. Question on neighbors and abutters for approval of plan to burn a. Ray will prepare letter for abutters b. Lana will talk with Bob McNeally d. Katahdin Woods and Waters Planning Session 4/11/18 i. Reggie said more should go to these meetings e. Planning Board Ordinance i. Started review of the edits to our 1989 ordinance at 4/10 hearing but going to work to find samples rather than editing an old ordinance f. Subdivision ordinance i. Need to get sample for Patten David Kay property and Hersey g. Correspondence i. Real Estate activity So. Patten Road, Main St., North Road ii. Call to (4/12) and from (4/18) DA Almy 5. Manager s Comments a. Marijuana ordinance drafted by Code Enforcement Officer in folders i. Our current moratorium ordinance expires on 5/25/18 ii. What do Selectmen want to do? iii. To pass this, or an alternative, would require a special town meeting iv. We have other ordinances to approve at a special town meeting too, for Building, Planning Board, other land use ordinances that are out of date. v. Dennis Brackett reminded the Board and Ray that the Board acted on this and had decided to do nothing. vi. After further discussion members of the Board and Ray did remember discussing this previously. Agreement to let this lapse and let state law apply rather than a Patten ordinance that has to be enforced locally. vii. Note: Ray ed the Board on April 19, 2018 the agenda and minutes of the 11/15/17 meeting. 4

5 viii. Note: the agenda with notes for the 11/15/17 Board meeting read: 1. Marijuana Ordinance 180 days is up on 11/26/17 update a. Does Board want to extend the moratorium for 180 days to 5/25/18 i. We do not have a local police force ii. We have limited Code Enforcement b. ed MMA Legal for input They recommend extending for another 180 days c. Called Sheriff Morton; he recommends extending but not sure when state will act to resolve question on what it will do d. Longer term, Are we better off following State e. Claims have been made that our Moratorium is unconstitutional ix. Note: the minutes of the 11/15/17 Board meeting read: 1. Marijuana Ordinance 180 days is up on 11/26/17 update a. Does Board want to extend the moratorium for 180 days to 5/25/18 i. We do not have a local police force ii. We have limited Code Enforcement b. ed MMA Legal for input They recommend extending for another 180 days c. Called Sheriff Morton; he recommends extending but not sure when state will act to resolve question on what it will do d. Sally made a motion, seconded by Ken, to extend the Moratorium an additional 180 days. The end of the Moratorium would be May 25, b. 14-day notices sent out for water balances 4/12/18 i. Some old bills may have gone to current occupants/landlords when bills were with old tenants ii. Bearing fruit already c. Water and Sewer bills mailed 4/13/18 d. Dunning bills for 2015 Real Estate mailed 4/13/18 i. For all 3 towns e. Dunning notices for 2016 Real Estate mailed 4/13/18 i. For all 3 towns f. Dunning notices on 2017 Real Estate mailed 4/13, 4/17, 4/18 i. For Patten only so far ii. We need to complete for Moro Plantation and Hersey iii. We will then move on to do the 30 day notice process for the 2017 taxes for all three towns 6. Selectmen's Comments a. Lana - none b. Reggie - none c. Ken - none d. Gregg - none 5

6 e. Marty Thanks to Dennis Brackett and the school for the work done by the Casco Bay and Katahdin students. A documentary is being prepared. 7. Public Comments a. Dennis Brackett i. Thanks to Gregg for his work to get rid of the 392 Shin Pond Road building. ii. Good to have the kids involved in the community. iii. Foundation of the library has holes. May need an engineering study. May want to use spray foam insulation to cut heating costs. b. Dennis Ryan Thanks for progress at 34 Gardner. c. Kevin stated Terry part-time; emptied space in salt/sand shed for load of patch approximate cost of $1,600). 8. Miscellaneous Business a. Ray made note we need to call the Road Committee for a meeting soon as we are getting near end of month. b. Question was raised about having a company other than Steelstone do street sweeping. 9. Adjournment Gregg made a motion, seconded by Ken, to adjourn at 7:57pm. The motion carried unanimously. ****Next Selectmen Meeting Date: Wednesday, May 2, 2018 at 6:30p.m. **** Note: These minutes are not verbatim. Minutes prepared and presented for approval by Town Manager, Raymond A. Foss, April 24, Reggie Porter, Sr., Chairman Lana Tucker Ken Perkins, Vice-Chairman Gregg Smallwood Marty McCarthy 6