2010-07-13 Select Board Meeting Minutes

 

Town of Bowdoinham
Select Board Meeting Minutes
July 13, 2010

6:00 pm: Consideration to enter into Executive Session pursuant to 14 MRSA Section 405(6)(F) discussion of confidential records as defined in Title 36, Subchapter 8 § 841 Abatement Procedures

Selectperson Billings moved to enter into Executive Session pursuant to 14 MRSA Section 405(6)(F) discussion of confidential records as defined in Title 36, Subchapter 8 § 841 Abatement Procedures, seconded by Selectperson Tourtelotte. The vote was 3-0 in favor. Selectperson Tourtelotte moved to exit from Executive Session pursuant to 14 MRSA Sectio405(6)(F) discussion of confidential records as defined in Title 36, Subchapter 8 § 841 Abatement Procedures, seconded by Selectperson Billings. The vote was 3-0 in favor.

Selectperson Billings moved to grant an abatement for property taxes committed on July 29, 2008 for the sum of $1,854.06 plus fees and interest to date, seconded by Selectperson Tourtelotte. The vote was 3-0 in favor.


Regular Meeting
6:30 pm


In attendance: George Christopher, Bob Kane, John McMullen, Darragh Ferranti, Ed Ferranti, Pam Ross, Matthew Ross, Dick Leighton, Richard Evans, Tom Parker, Shirley Parker, Lee Parker, Lynn Spiro, Stewart Burrell, Kevin Prout

Non- resident: Nicole Briand


Item 1: Call the meeting to order – Chair Hobart called the meeting to order at 6:30 pm.

Item 2: Consideration of the minutes from June 22, 2010 Regular Select Board meeting – The Board reviewed the minutes of the June 22, 2010 meeting. Selectperson Tourtelotte moved to accept the minutes, seconded by Selectperson Billings. The vote was 3-0 in favor.

Item 3: Comments from the Public – Citizen Bob Kane asked about the status of the revised Personnel Policy. The Board replied that the Policy is still with the Town’s attorney and it that it was expected to be ready for approval in August. The Board assured Mr. Kane that he will receive notice when the final policy is completed.

Item 4: New Business

Skate Board Park Update – Manager Kathy Durgin-Leighton stated that she had met with Tom & Shirley Parker regarding the use of funds that were raised in memory of their son, Matthew Parker to build a skate board park. To date, the Park has not been built and she reported that the Parkers would like to see that the funds go to its original intent – to build a park at the Waterfront area. Both Tom and Shirley were present at the meeting and reiterated their wishes. An area being considered for the park is located in the existing waterfront parking lot adjacent to the Route 24 entrance, across from the Riverview building. In order to determine the impact of the Park on vehicle parking, it was decided to place a barricade around the proposed site to observe its impact during the height of the boating season. Selectperson Billings stated that he would like the Town to continue to work toward efforts to build the Park at the town approved Waterfront Park area and not attempt to locate a different area.

a) Reward of Contract for HMA Shim and Overlay for Brown’s Point Road, Cemetery Street, Lucas Lane, Dinsmore Cross Road, and Preble Road – Kathy Durgin-Leighton
The Board reviewed the two bids – Harry C. Crooker & Sons at $67/ton and R.C. & Sons Paving at $74.67/ton. Chair Hobart asked if the prices include butt joints. Public Works Director Kevin Prout replied that neither bid included butt joints and that this would be negotiated afterward. Selectperson Billings moved to award the HMA Shim and Overlay work to Harry C. Crooker & Sons, seconded by Selectperson Tourtelotte. The vote was 3-0 in favor.

b) Bowdoinham Energy Committee – Margaret Patterson, Chair of the Ad Hoc Energy Committee presented the proposed by laws of the Committee to the Board as well as names for appointment considerations. Selectperson Billings moved to approve the by laws of the Bowdoinham Energy Committee, seconded by Selectperson Tourtelotte. The vote was 3-0 in favor.
Ms. Patterson presented the list of individuals interested in serving on the Committee: Margaret Patterson, Tom Deforeest, Chester Rice, Brant Miller, Jon Capron, and David Berry. The approved bylaws call for five members. The Board reviewed the names for consideration. Though Jon Capron lives in Bowdoinham, he maintains his residency out of state. David Berry is an employee of the Town. The Board discussed whether nonresidents or employees of the Town should be considered for committee appointments. After consideration, the Board decided that town employees could be considered for appointment if the appointment did not present a conflict of interest.
Selectperson Billings moved to appoint the following individuals for the following terms:
Tom Deforeest, Margaret Patterson and Chester Rice for two year appointments; Brant Miller and David Berry for a one year appointment. Motion seconded by Selectperson Tourtelotte. The vote was 3-0 in favor.

c) Planner’s Report – Nicole Briand

1. Comprehensive Plan Update – Ms. Briand explained to the Board the process needed to begin work on the Comprehensive Plan. The Board authorized the town staff to begin advertising for members to serve on the Comprehensive Planning Committee. The first task of the committee, once appointed, is to host public visioning workshops to begin identifying future goals for the town. Ms. Briand recommended contracting with Brian Kent, a one-person firm located in Gardiner who specializes in facilitating public participation meetings. Ms. Briand stated that group facilitation is a specific skill that Mr. Kent is known for and that it is an essential part of the Comprehensive Plan process. Selectperson Billings asked Ms. Briand if there would be a need for other consultants. Ms. Briand stated that a good deal of the data will be gathered from state agencies, local knowledge and the 2010 Census. She stated that a consultant will most likely be needed to assist with the Transportation Part of the Comprehensive Plan and that she would look to the Midcoast Council of Governments for assistance. Selectperson Billings suggested that since the Town has the benefit of a Planner on staff, he would like to see that the Comprehensive Plan be more use of staff time than the one developed ten years ago. The Board reviewed the proposal from Brian Kent. Selectperson Billings moved to approve the proposal with Mr. Kent not to exceed $4,000, seconded by Selectperson Tourtelotte. The vote was 3-0 in favor.

2. Community Development Advisory Committee – Ms. Briand requested that the Board consider appointing a Community Development Advisory Committee in order to allow for more public participation in the town’s economic development activities. She also stated that the original TIF District proposal referred to a creation of such a committee to work to “develop and implement plans designed to support and enhance economic development efforts.” Selectperson Billings moved to create a Community Development Advisory Committee and authorize the staff to advertise for members, seconded by Selectperson Tourtelotte. The vote was 3-0 in favor.

3. Bowdoinham Brochure – Ms. Briand explained that the current ad-hoc economic development committee has met with the owner of Direct Display Publishing Company to produce a Bowdoinham Visitors Brochure. The cost for the brochure/book is approximately $1.05 per book for an order of 5,000 books. The ad-hoc group is asking for $2,400 from the TIF budget to assist in the costs. Businesses that purchase advertising space in the book will pay for the additional costs. The brochure will be available at Maine rest stops. It is anticipated that the brochure will be available for the years 2011 – 2012 and will include the 2012 birthday celebration, arts, boating, fishing, hunting, recreation, etc. Also, every Bowdoinham business will have a free listing. Selectperson Billings noted that with the exception of smelt fishing, Bowdoinham businesses are not aimed toward tourism and that a business guide might be better suited for Bowdoinham. Resident Lee Parker agreed and stated that the timeframe is flexible given that in order to have it ready for January 2011, content would have to be finalized in a few months. She suggested that it may take up to a year before the book gets printed. Selectperson Tourtelotte moved to approve $2,400 toward the brochure from the TIF budget, seconded by Selectperson Billings. The vote was 3-0 in favor.

4. Site Plan Review Application – Ms. Briand presented to the Board a Municipal Services Impact Statement for the Board to use when responding to requests from the Planning Board for site plan review application. The statement will need to be completed by the Board. The Board discussed authorizing the Chairman to complete the form on its behalf. Selectperson Billings moved to authorize the Chairman of the Board to complete the Impact Statement when site plan review applications go before the Planning Board, seconded by Selectperson Tourtelotte. The vote was 3-0 in favor.

d) Harbor Master Report – Harbor Master John McMullen gave an update of the harbor activities for the past year. He reported that there are currently 17 inner harbor moorings permitted and 17 outer harbor moorings. He stated that much of the recreational boating in the Bay and River are largely from nonresidents. He reported that when he became Harbor Master no moorings were marked, there were no files, no harbor charts and no listings of out of harbor moorings. He has used the last four years as Harbor Master to identify owners of the moorings and to place official navigational aids in the Bay and River. He also stated that he uses his position as Harbor Master to educate boaters on water safety. One problem that he has encountered is when a mooring holder does not use the mooring during a season. The rules state that if the mooring is not used, the holder loses the mooring the following year. He has granted waivers to some mooring holders for nonuse. If a mooring holder is unhappy with his decision, he/she may go to the Appeals Board. Resident Richard Evans stated that while he appreciates the job that Mr. McMullen has done, he feels that the rules and regulations are geared toward a much bigger harbor and are not appropriate for Bowdoinham’s harbor. He suggested that the rules get rewritten and he offered his help in the effort. He further stated that one rule that he sees as over reaching is that moorings must be white with a blue stripe. Resident Bob Kane stated that he supported having the moorings inspected every other year given the quality of today’s metal.
The Board made no decision regarding the present rules and regulations.

e) MMA District 19 Legislative Policy Committee ballot – The Board reviewed the candidates nominated for MMA District 19 Legislative Policy Committee: William Giroux, City Manager of Bath; Todd McPhee, Selectperson from Town of Woolwich; and Pamela Hile, Town Administrator of West Bath. Selectperson Tourtelotte moved to vote for William Giroux and Todd McPhee, seconded by Selectperson Billings. The vote was 3-0 in favor.

f) Appointment of Officials:

1. Louis E. Levesque of the Town of Brunswick as Sealer of Weights and Measures effective July 1, 2010 for an indefinite term. Selectperson Billings moved to appoint Louis E. Levesque as the Sealer of Weights and Measures for an indefinite term, seconded by Selectperson Tourtelotte. The vote was 3-0 in favor.

Item 5: Old Business – There was no old business.

Item 6: Town Manager’s Report

a) Energy Audit – The Manager reported on the status of the Energy Audit. The audit will be done by DeWitt Kimball of Complete Home Evaluation Services. The cost is $750 for the Coombs Municipal Building and $300 for the Fire Station. Mr. Kimball does not recommend an audit for the Public Works building due to the condition of the building and the cost/benefit of doing energy upgrades. The Manager reported that it was the Energy Committee’s suggestion that an engineer from Associated Design Partners conduct a structural analysis of the Public Works building. The cost of the analysis will be paid for through the Energy Planning Grant. The Manager asked the Board to approve of a structural analysis of the Recycling Barn as well. Since the engineer was already coming to Bowdoinham, it would save money for him to do both buildings together and not separately. The Board discussed the merits of such an analysis. The Manager pointed out that if the Board or Solid Waste Committee was looking at purchasing the Recycling Barn in the future, a structural analysis would be helpful in the decision making. Resident George Christopher replied that he has attended all of the Solid Waste Committee meetings and that purchasing the recycling building was only one of many options. He stated that it was premature to think that purchasing the building was a favored option. The Board decided against a structural analysis.

b) Celebrate Bowdoinham – The Manager reported that planning for this year’s event was well underway with the help of Peg Muir who is co-chairing the event with the Manager.

c) Solid Waste Committee – The Manager reported that with Chris Jackson’s resignation, a committee position was available and that the Solid Waste Committee was recommending George Christopher to fill the position. Selectperson Tourtelotte moved to appoint George Christopher to the Solid Waste Committee for the unexpired term, seconded by Selectperson Billings. The vote was 3-0 in favor.

d) Expenses and Revenues – The Manager reported the end of year (un-audited) expenses and revenues for the fiscal year July 1, 2009 – June 30, 2010. She reported that Town under spent its budget by approximately $100,000 and that revenues came in approximately $17,000 more than projected. With the Overlay at approximately $79,000 and the Supplemental Assessments slightly higher than the Abatements, the undesignated fund balance should be increased from last year’s level. She also reported that at the end of June, the Town had $737,909.05 in its cash account and $100,000 in a CD at Androscoggin Bank and $85,000 in a CD at Down East Credit Union.

Item 7: Consent Items

A. Assessing Agent FY10 Property Tax Abatements for the following:

Abatement #17 – LaRoche, Robert A & Nancey A, 791 White Road, Bowdoinham, Me 04008 – Map R05 Lot 026, $29,468.91 – Supplement not appropriate for nuisance abatement – Selectperson Billings moved to approve Abatement #17, seconded by Selectperson Tourtelotte. The vote was 3-0 in favor.

Abatement #18 – Stevens, Glen, 884 Litchfield Road, Bowdoin, Me 04287; Location: 539 Post Road – Map R03 Lot 065-A-T - $111.00 – Mobile Home Assessed Twice - Selectperson Billings moved to approve Abatement #18, seconded by Selectperson Tourtelotte. The vote was 3-0 in favor.

B. Assessing Agent FY10 Property Tax Supplements for the following:

Supplement #7 – Walchli, John & Patricia, 948 River Road, Bowdoinham, Maine 04008 – Map R11 Lot 7, $3,399.92 – Farmland Withdrawal Penalty – Selectperson Billings moved to approve Supplement #7, seconded by Selectperson Tourtelotte. The vote was 3-0 in favor.


Item 8: Consideration of FY10 Treasurer’s Warrant #2 - Accounts Payable: $222,520.38 Payroll: $ 16,875.31
Warrant Total $239,395.69

The Board reviewed Treasurer’s Warrant #2. Selectperson Doug Tourtelotte asked about the bush hogging bill for the public works area and recreation area. He suggested that the work could have been done by a taxpayer of Bowdoinham and not by a nonresident. While the Board agreed to sign the warrant, the Town Manager was instructed in the future to seek proposals from taxpayers. Selectperson Billings moved to approve Treasurer’s Warrant #2, seconded by Selectperson Tourtelotte. The vote was 3-0 in favor.

Item 9: Selectperson’s Request for Agenda Items for next meeting (July 27, 2010)

Selectperson Billings asked that at a future meeting the Board discuss both the size of the Board and the date of the municipal election. He also suggested that the members of the Select Board should consider attending Board appointed committee meetings (Planning, Energy, Solid Waste, etc.). Formal assignments could be considered and that Board members might think about which committee meetings they would most like to attend. He suggested that there be developed a formal system of committee assignments where Selectmen would serve as liaisons to the individual town appointed committees.

Item 10: Announce Future Meetings, Workshops, Events -

• July 27 @ 6:30 pm – Select Board Meeting
• August 10 @ 6:30 pm – Select Board Meeting
• August 14 @ 10 am to 2 pm – Ducks Unlimited at Mailly Park
• August 24 @ 6:30 pm – Select Board Meeting

Item 11: Adjourn – Chair Hobart adjourned the meeting at 9:20 pm