05-28-2013 Select Board Meeting Minutes


Town of Bowdoinham

Select Board Meeting

May 28, 2013 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, Kathy Gallant, Kathy Tome, Doug Tourtelotte and M. Theresa Turgeon were present.  Staff present included Town Manager William Post, Planning & Development Director Nicole Briand, EMS Director Ann Davis, and Fire Chief Arthur Frizzle.  Also present were George Christopher, Linda Douglass, Deborah Frizzle, Dawna Bowlin and two others.


2.         Amendments to the Agenda


            The Meeting Minutes of May 7, 2013 and May 14, 2013 were removed from the consent calendar as they were not complete.


3.         Approve Consent Calendar

  1. Meeting Minutes of May 7, 2013
  2. Meeting Minutes of May 14, 2013
  3. Warrants & Financial Reports:
    1. Treasurer’s Warrant #65 for $39,859.41


On motion of Turgeon/Tourtelotte, the Board voted 5 – 0 to approve Warrant #65 as presented.


            D.  Quit Claim Deeds

                  1.   Michel Carlos Delyra for 2010 Tax Lien


On motion of Turgeon/Tourtelotte, the Board voted 5 – 0 to approve the Quit Claim deed as presented.


4.         Action Items

            A.  Act on Appointment of Ballot Clerks


The Town Manager stated that the Town Clerk prepared a recommended list of ballot clerks for the Board to consider for appointment.    


On motion of Turgeon/Tourtelotte, the Board voted 5 – 0 to appoint Leslie Barker, Kim Billings, Nora Bishop, Emilie Newall and Linda Williams as Ballot Clerks.


            B.   Act on Approval of Funding for Chicken Barbeque


Planning and Development Director Nicole Briand stated that the parent group of the Community School is hosting the chicken barbeque as a fundraiser for the school. In order to make this event happen, the group is asking for the Town to provide seed money from the TIF budget. All Town funds will be repaid from the proceeds of the barbeque with the remaining income donated to the school. The amount needed is $4,435.00.


            On motion of Tourtelotte/Tome, the Board voted 5 – 0 to approve funding for the chicken barbeque from the TIF budget in the amount of $4,435.


C.     Act on Audit Bid Award


The Manager stated that the Town received three proposals for three-year contracts from certified public accounting firms to perform the annual audit. The apparent low bidder is Smith & Associates at $6,100 per year for three years. This is the same firm that currently performs the audit for the Town and has for over 10 years. The cost for the last fiscal year audit was $7,575.  The other two proposals were from RHR Smith & Company for $6,200 per year and William Brewer for $6,600 per year.


The Manager stated that it is not clear from the apparent low bidder’s proposal if they meet the request for proposals (RFP) that he issued which asked for all services of the audit to be included in the annual cost, including presenting the audit to the Select Board and occasional telephone or email communications throughout the year. If these items are not included in the price, then Smith & Associates would not be the low bidder, as the other two proposals match the RFP. The Manager could not reach the individual at Smith & Associates as she was out of the office.


The Manager stated that he has worked with all three companies before in similar capacities and all are qualified to perform the work.


Chair Hobart suggested that the manager be authorized to award the audit bid to the low bidder after he has received further information to clarify the proposal from Smith & Associates.


On motion of Hobart/Turgeon, the Board voted 5 – 0 to authorize the Manager to award the audit bid to the low bidder after he receives all of the information needed.   


5.         Discussion Items

            A.  Discuss Code Issue at 212 Carding Machine Road


            Planning & Development Director Briand stated that the property at 212 Carding Machine Road has a malfunctioning septic system that is causing sewerage back-up into the mobile home that is on the property. The land owner leases the property to the mobile home owner. The Code Enforcement Office sent a notice to the property owner and tenant notifying them of the issue and there has not been any contact after that notice was mailed. The tenant would like the owner to fix this septic issue and the owner would like the tenant to leave the property.


            Briand stated that according to state law, the Town can demand that the system be fixed, and if it isn’t within a certain period of time, the Town can hire a site evaluator and contractor to fix the septic system. Then the Town would assess a special tax to the property to recover its costs. The Town has done this before. Briand recommended that the Board issue an order to the land owner to have the system fixed.


            Chair Hobart stated that it is the land owner’s responsibility to fix the system.


            Board member Tourtelotte stated that the order may push the land owner into action.


            Board member Turgeon asked how long the mobile home has been on the property. Hobart stated that it has been at least 30 years.


            On motion of Tome/Tourtelotte, the Board voted 5 – 0 to issue an order for correction for the malfunctioning septic system at 212 Carding Machine Road.


            B.   Update from Town Manager on Meeting with Sheriff Merry and residents regarding fireworks issue


            The Manager stated that Sheriff Merry, Chief Deputy Strout and himself met with three residents of the area of concern and the co-owner for Gray’s Equestrian Training. During the meeting, the Manager explained the process for an ordinance and the fact that it could not be enforced due to the lack of law enforcement in Bowdoinham. The Manager also stated that the Town would not do anything until after the town meeting voted on the petitioned Fireworks Ordinance. After that vote, the Board may discuss other options, but enforcement is the issue.


            The Sheriff and Chief Deputy explained the law enforcement side of the issue and what could be done and what could not be done. The Chief Deputy will be discussing the issue with the Assistant District Attorney to determine if laws are being broken and if the DA would prosecute.     


6.         Town Manager’s Report


            A.  Jenkins Road


            The Manager stated that Paul Denis, the resident of the Jenkins Road that has asked to have the public right-of-way on that road eliminated, provided more information as to why he wants the right-of-way eliminated. Essentially, he wants to upgrade the road and be able to control the traffic on the road so as not to damage the road. Mr. Denis has talked about this issue with some of the property owners on the road, but not all. He stated that he would use a proposed bill (LD 1177) to ensure property owners have access to their properties.


            The Manager stated that he is unsure if LD 1177 has been acted on by the legislature and that the other owners on the road should be informed about this potential abandonment.


            Chair Hobart stated that the process should be continued.        


            By consensus, the Board asked the Manager to continue working with Mr. Denis on this issue.

            B.   EMS Department


            Chair Hobart stated that this agenda topic is a trick to make sure Ann Davis attended the meeting.  He stated that the 2013 Annual Town Report has been dedicated to Ann Davis for all of her efforts over the years. He presented her with the report.


            C.  Electric Pallet Truck


            The Manager stated that the battery pack on the electric pallet truck at the Recycling Barn needs to be replaced. The batteries hold a charge for about one hour. In addition, the wiring harness is due for replacement soon. The replacement for the battery pack is $2,700. A new pallet truck is $4,200, including a $400 trade-in of our old model. The Manager has authorized the purchase of a new electric pallet truck from this year’s budget.


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


8.         Announce Future Meetings and Events

A.  Select Board Meetings

1. June 11th – Regular Meeting

2. June 25th – Regular Meeting

            B.   Social Media Workshop for Businesses May 29, 6:30 p.m.

            C.  Public Comprehensive Planning Meeting – Future Land Use Strategies June 4, 6:30 p.m. Town Hall

            D.  Election Day June 11, Polls open 8:00 a.m. – 8:00 p.m. Town Hall

            E.   Annual Town Meeting (open portion) June 12, 7:00 p.m. Town Hall

            F.   Advisory Committee on Aging Meeting, June 14, 3:00 p.m.


9.         Comments from Select Board Members


            Board member Turgeon stated that she had many visitors in town this past weekend and all were impressed with the town and pleased to spend some time here.


10.       Comments from the Public – None


11.       Adjourn


            The meeting adjourned by acclamation at 6:01 p.m.



                                    Select Board                                                                                                   

                                    Town of Bowdoinham, Maine   Brian Hobart, Chair




                                                                                                M. Theresa Turgeon, Vice-Chair




                                                                                                Kathleen Gallant




                                                                                                Kathy Tome




                                                                                                Douglas Tourtelotte




                                                                                                Respectfully Submitted,




                                                                                                William S. Post, Town Manager