Select Board Meeting s2

Public Hearing 09/15/2008 – Town Office Meeting Room 6:45 PM

Notice of the Intention to Execute An Order of Discontinuance of Part of the Jones Road: Beginning at the intersection of the Jones Road & Route #202/9 and traveling southerly on the Jones Road approximately 185 feet to the intersection with Fire Road 56.

Reconfiguration of the Intersection – MDOT and Hannaford Bros. Condition of Approval

The hearing was opened by the Chair of the Select Board at 6:45 p.m. Those present were as listed on the attached attendance sheet. The Town Manager noted that the town’s intention is to create a right angle intersection at Routes 202/9 and the Jones Road. The necessity for this change has come about because of the proposed location of a Hannaford Bros. store at the intersection of Route #3 and Route #32 South. Traffic may attempt to avoid that intersection by using the Jones Road. The Town Manager went on to say that a request to the MDOT to reconfigure the intersection of Route 202/9 and the Jones Road may be the only approach needed to accomplish the goal of slowing traffic in the South China Village. Several in attendance agreed on the desirability of slowing traffic through the South China Village. Some noted that heavy trucks and speeders are already problems even before the planned Hannaford Bros. supermarket is built. Elizabeth Davidson presented the Town Manager with a request to the Select Board to close the Jones Road completely. The request was signed by several residents and will be attached to these minutes. The hearing was concluded at 7:00 p.m.

Select Board Meeting Monday – 09/15/2008 – Town Office Meeting Room 7:00 PM

Minutes

The meeting was opened by the Chair at 7:00 pm. Board members present were Elwood Ellis, Joann C. Austin, Neil Farrington, and Irene L. Belanger. Others present were Paul MacDonald, Scott Pierz, Gabrielle Isenbrand, Jean Brown, Mary Grow and the Town Manage .Those present were led in the Pledge of Allegiance to the American Flag by Scott Pierz. On a motion by Selectperson Irene L. Belanger and a second by Selectperson Neil Farrington, the Board voted 4-0 to accept Warrant #11 for $18,195.55 and Warrant #12 for $223,576.45 as presented.

On a motion by Selectperson Joann C. Austin and a second by Selectperson Irene L. Belanger, the Board voted 4-0 to accept the minutes of the 09/02/2008 meeting as presented.

Spirit Of America Award – Recognition 7:45 P.M. Terrance McCabe, President of the Spirit of America Foundation, Bruce W. Flaherty, SoA Representative, and Representative H. David Cotta presented The Spirit of America Foundation Award in the name of China to Priscilla and Scott Adams and to Ronald Emery in recognition of their collective years of work with the Boy Scouts of America.

Manager’s Report:  Public Comment: There was not any public comment at this time.  Freedom Of Access Law and Public Officials Training: Officials are reminded to return their respective signed certificates affirming that they have read and are therefore familiar with FOAA materials or attended a seminar on FOAA legislation.  Nomination Papers – Positions Open – Return of Papers: It was noted that nomination papers need to be returned to the town office by Saturday, September 20, 2008 at 11:00 a.m.  Tax Bills – Due Dates, Interest Rate, Format Changes, Hearings, Other: It was noted that tax bills have been sent out in the U.S. mail and the first half of taxes are due on September 30, 2008 and the second half of taxes are due March 31, 2009. The interest rate on over due taxes is 11%. Municipalities are now obligated to include the amount of bonded indebtedness on the tax bills. There have been relatively few requested hearings with China’s assessing agent.

Unfinished Business:  Public Comment: There was not any public comment at this time.  November Ballot Articles – Public Hearing Date: Amendments to the Ordinance for the Acceptance of Streets & Ways: On a motion by Selectperson Irene L. Belanger and a second by Selectperson Neil Farrington, the Board voted 3-0-1(Austin) to put the question on the November ballot along with a recommendation of “yes”. Order of Discontinuance of a Section of Jones Road (Hannaford Project and Traffic Concerns) – Possible Alternate Proposal: On a motion by Selectperson and a second by Selectperson , the Board voted 4-0 to table the question until after further traffic studies have been conducted and until the possibility of a reconfiguration of the intersection of the Jones Road and Route 202/9. Wireless Telecommunications Ordinance and Associated Definitions Added to the China Land Development Code: On a motion by Selectperson Irene L. Belanger and a second by Selectperson Neil Farrington, the Board voted

3-0-1(Austin) to put the question on the November ballot along with a recommendation of “yes”. It was agreed that the explanation accompanying the question would include the factual information that the adoption of the Ordinance would prohibit the erection of towers within a 5 mile radius of any other tower.

The Select Board has set the Public Hearing Date for all the local questions on the November Ballot for Monday, September 29, 2008 at 6:00 p.m. in the China Middle School multi-purpose room.

Office Rental Options – Old Town Office Draft Lease/Rental Agreement: On a motion by Selectperson Neil Farrington and a second by Selectperson Irene L. Belanger, the Board voted 4-0 to table the consideration of this item until the next regularly scheduled meeting. It was agreed that there would be an advertisement soliciting potential interested parties in renting or leasing the office space and that one stipulation would be added and that the interested parties must be non-profit agencies.

New Business:  Public Comment: There was not any public comment at this time.  Liquor License Renewal Application - Consideration – China Dine-ah: On a motion by Selectperson Irene L. Belanger and a second by Selectperson Neil Farrington, the Board voted 4-0 to approve and sign the Liquor License Renewal Application submitted by Norman Elvin for The China Dine-ah. There have not been any public incidents reported or originating from the establishment over the last year.  Registrar Hours, Town Clerk Hours, Polling Hours and Location of Election: On a motion by Selectperson Joann C. Austin and a second by Selectperson Irene L. Belanger, the Board voted 4-0 to set the polling hours for Tuesday, November 4, 2008 from 7:00 a.m. to 8:00 p.m. at the China Middle School. On a motion by Selectperson Irene L. Belanger and a second by Selectperson Joann C. Austin, the Board voted 4-0 to set the Town Clerk and Registrar office hours during the week preceding the November election as follows: Tuesday, October 28, 2008 through Monday, November 3, 2008, 7:30 a.m. to 4:00 p.m. on weekdays and 8:00 a.m. to 11:00 a.m. on Saturday.  Abatements: On a motion by Selectperson Irene L. Belanger and a second by Selectperson Joann C. Austin, the Board voted 4-0 to approve of the recommended abatements as presented and to sign the appropriate associated document. The list of abatements with associated information will be on file at the town office.  Executive Session – Code Enforcement Consultations (Pending Administrative Consent Agreement) 1 MRSA 405 (6) (E) and Real Estate 1 MRSA 405 (6) (C): On a motion by Selectperson Irene L. Belanger and a second by Selectperson Joann C. Austin, the Board voted 4-0 to go into executive session at 8:00 p.m. regarding Code Enforcement Consultations, citing 1MRSA 405 (6) (E).

On a motion by Selectperson Irene L. Belanger and a second by Selectperson Joann C. Austin, the Board voted 4-0 to come out of Executive Session at 8:15 p.m. and resume the regular meeting. On a motion by Selectperson Joann C. Austin to approve the recommendations noted in the Administrative Consent Agreement and to consider the issue temporarily resolved for the consideration also noted in the Agreement, and a second by Selectperson Neil Farrington, the Board voted 4-0. It was agreed that the Town Manager would update the Select Board on the issue.

On a motion by Selectperson Neil Farrington and a second by Selectperson Irene L. Belanger, the Board voted 4-0 to go into Executive Session at 8:50 p.m. for reasons associated with Real Estate Negotiations/Transactions, citing 1 MRSA 405 (6) (C).

On a motion by Selectperson Neil Farrington and a second by Selectperson Irene L. Belanger, the Board voted 4-0 to come out of Executive Session at 8:57 p.m. and resume the regular meeting.

On a motion by Selectperson Irene L. Belanger to approve the proposed purchase of the property adjacent to the town office, more particularly described as Map 38, Lot 010 (553 Lakeview Drive), and as property of Timothy K. and Susan G. Banden, for the sum of $60,000.00 and to further authorize the Town Manager, on behalf of the town, to execute all the necessary documents to perfect the sale; traditional, customary, and reasonable attorney fees and transfer taxes to be in addition to the sales price; and further to approve Warrant #13 in the amount of $60,000.00 as the town’s payment in full for said property, and a second by Selectperson Neil Farrington, the Board voted 4-0.

On a motion by Selectperson and a second by Selectperson, the Board voted 4-0 to send a letter as drafted by Selectperson Joann C. Austin to the Vassalboro Select Board regarding operations of the China Lake Outlet Stream Dam.

On a motion by Selectperson Irene L. Belanger and a second by Selectperson Neil Farrington, the Board voted 4-0 to have the Town Manager pursue acquiring the portable classroom at the CMS and moving it to other town owned property.

The Board decided to hold the public hearings on the respective November Ballot items at the CMS starting at 6:00 p.m. on Monday, September 29, 2008. On a motion by Selectperson Irene L. Belanger and a second by Joann C. Austin, the Board voted 4-0 to adjourn at 9 p.m.

Respectfully submitted,

Joann C. Austin, Secretary China Select Board