04-08-2014 Select Board Meeting Minutes


Town of Bowdoinham

Select Board Meeting

April 8, 2014 at 5:30 p.m.



1.         Call the Meeting to Order & Establish a Quorum


The meeting was called to order and quorum established by Chairman Hobart at 5:30 p.m.  Select Board members Brian Hobart, M. Theresa Turgeon, Wendy Cunningham, and Kathy Gallant were present.  Board member Douglas Tourtelotte was absent. Staff present included Town Manager William Post and Planning & Development Director Nicole Briand. Also present was Lynn Spiro, David Engler, Cindy Lamoreau, Paul Beltramini and Brent Zachau. 


2.         Amendments to the Agenda – None


3.         Approve Consent Calendar

  1. Meeting Minutes of March 25, 2014


On motion of Hobart/Gallant, the Board voted 3 – 0 – 1 (Cunningham abstained) to approve the meeting minutes of March 25, 2014 as presented.


B.   Warrants & Financial Reports:

1.   Treasurer’s Warrant #62 for $52,849.04

            C.  Reports & Communications

                  1.   Sheriff’s March Incident Report

                  2.   Fire Department’s February Incident Report


On motion of Turgeon/Cunningham, the Board voted 4 – 0 to approve the remainder of the Consent Calendar as presented.


4.         Action Items

A.  Act on Request for Closure of Lower Main Street for Cruise In Events


            Lynn Spiro, owner of Town Landing Place, stated that she is seeking permission to close Lower Maine Street from 4:00 – 6:30 p.m. on June 28th, July 26th and August 30th for her Cruise ‘In on the Cathance events. Each year the proceeds are given to a local organization. This year, the Bowdoinham Public Library will be the recipient.


            Board member Theresa Turgeon asked if the Board would consider granting permission to close the street for these events for future years. The Manager stated that the Board cannot bind a future Board with a vote, but that the Board could authorize the Road Commissioner to handle these requests.


            On motion of Turgeon/Cunningham, the Board voted 4 – 0 to authorize the Road Commissioner to handle the requests for road closures for the Cruise ‘In Events.


On motion of Gallant/Cunningham, the Board voted 4 – 0 to approve the Closure of Lower Main Street for the dates requested.

B.   Act on Approval of Proposed Land Use Ordinance Amendments


Planning and Development Director Nicole Briand presented the Land Use Ordinance Amendments as approved and recommended by the Planning Board.


Briand stated that Article 2 will be amended to define greenhouses and to clarify that the setback requirements is measured to a deck instead of a railing. Article 3 will be amended to change the word “structures” to buildings for clarity. Article 5 will be amended to clarify the setback is to decks also. Table 5.1 and Article 11 will be amended to include that automobile graveyards and junkyards are licensed by the Select Board. Article 11 will be amended to clarify and define the setback determination process and to also set fees for the setback determination process and the fees for the licensing of automobile graveyards, junkyards and automobile recycling businesses.    


            On motion of Hobart/Cunningham, the Board voted 4 – 0 to approve the Board approve the proposed Land Use Ordinance Amendments as presented.


     C.   Act on Approval of Proposed Comprehensive Plan


            Cindy Lamoreau, chair of the Comprehensive Plan Committee, stated that the committee has held 38 meetings, 19 public hearings and 35 outreach meetings over the last two years. The plan is finally complete and ready for the annual town meeting. It has been a long process, but one that has sought public input, and the committee made adjustments to the plan after receiving public input. She thanked Nicole Briand for her time and patience through the process and believes that the plan represents the community well.


            Board member Wendy Cunningham thanked the committee for their work and asked what the process is for updates to the plan moving forward. The Manager responded that he and Nicole Briand have discussed this topic. Normally, a comprehensive plan is updated every ten years and it is a lengthy process. The Manager suggests that a smaller committee be appointed as a permanent committee that will be charged with updating the plan every year or two, to make it an easier process and to have a plan that is flexible as the community changes.


            Board member Theresa Turgeon stated that she has attended several comprehensive plan meetings and believes that the process has been very good. She commended the committee for their work.


            On motion of Gallant/Turgeon, the Board voted 4 – 0 to approve the Comprehensive Plan as presented and submit the Plan to the annual town meeting for consideration.


D.  Act on Lease by and between the Town and Bowdoinham Public Library


The Manager stated that the draft lease with the library that was discussed with the Board previously is ready for the Board’s approval. The library has never had a lease with the Town, but should in order to protect its investment and property in the building and so that the Town does not need to carry insurance on the library’s property. This lease also clearly lays out the responsibilities of both parties.


            On motion of Cunningham/Gallant, the Board voted 4 – 0 to approve the Lease Agreement by and between the Town and the Bowdoinham Public Library as presented.


  1. Act on Pole Permit Application by Fairpoint Communications


The Manager stated that the town received an application from Fairpoint Communications for two pole permits: one on Brown’s Point Rd and one on Pond Rd near the town line with Bowdoin. He reviewed both locations and there are no issues with either. 


            On motion of Gallant/Turegon, the Board voted 4 – 0 to approve the pole permit applications as submitted.


5.         Discussion Items

            A.  Replacement of Public Works Light-Duty Truck


            The Manager stated that the light-duty pick-up truck for the Public Works Department has developed a crack in the frame. This is a 1997 Chevy with approximately 168,000 miles. The Public Works Foreman estimates that there is $5,000 worth of repairs that are needed in order to keep the truck.  The Manager had hoped to have the truck for one more year, but the frame is a major issue. The Manager proposed that $10,000 be used from this fiscal year’s contingency account, another $5,000 from the Public Works budget for this year and budgeting $10,000 in the next fiscal year’s budget for a total of $25,000 to purchase a replacement truck. The Finance Advisory Committee approved of this plan as part of their budget review.


            By consensus, the Board agreed with this proposal.


6.         Town Manager’s Report


            The Manager stated that he has received the Maine Bureau of Labor’s report and it includes $4,200 in fines. Most of the citations are for paperwork issues. The Town has until June 16, 2014 to correct the violations. The Manager will appeal the fines and expects that most will be dismissed. He has begun working with the department heads to correct the issues noted in the report as well as to move forward with a complete safety plan for the Town.


            The Manager stated that the Planning and Development Director has created a new event for the community – Open Studio Day, which is scheduled for May 10th. More information will be forthcoming, but there are over 20 businesses that are participating and it should be a draw for those businesses.


7.         Select Board Member’s Request for Agenda Items for Next Meeting – None


8.         Announce Future Select Board Meetings

A.  April 22nd – Regular Meeting (FY15 Budget Presentation)

B.   May 6th  – Special Meeting (Public Hearing on Town Meeting Warrant)


9.         Comments from Select Board Members – None


10.       Comments from the Public – None


11.       Adjourn


            The meeting adjourned by acclamation at 5:56 p.m.



                                    Select Board                                                                                                   

                                    Town of Bowdoinham, Maine   Brian Hobart, Chair




                                                                                                M. Theresa Turgeon, Vice-Chair




                                                                                                Wendy Cunningham


Respectfully Submitted,


                                                                                                Kathleen Gallant

William S. Post, Town Manager



                                                                                                Douglas Tourtelotte