2011-03-08 Select Board Meeting Minutes

 

Town of Bowdoinham

Select Board

Regular Meeting Minutes

March 8, 2011

 

 

Present:  Theresa Turgeon, Dick Leighton, Bruce Ross, Pam Ross, Kevin Prout, Cyndie Lamoreau, Jane Hardy, Gracia Woodward, Matt Ross, Susan Fanning, Joan Smith, Mike Egan, Barbara Madsen, Dana Madsen, Alice Pollis, Peggy Christian, Tom Parker, Shirley Parker, George Christopher, Ed Ferranti, Susie Drucker, Hank Ogilby, David Mann, Ben Hunsberger,

Howard Solomon, Stewart Burrell, Kate Brinsmade, Dean Beckwith, Elaine Buck, Bob Pollis,

 

Non Resident:  Nicole Briand, Darcie Moore

 

Item 1:  Call the meeting to order – The Chair called the meeting to order. All members were present:  Chair Hobart, Selectperson Billings, and Selectperson Tourtelotte.

 

Item 2:  Consideration of the minutes from February 15, 2011 & March 1, 2011 – The Board reviewed the minutes. Selectperson Billings moved to approve the minutes of February 15, 2011, seconded by Selectperson Tourtelotte. The vote was 3-0 in favor. Selectperson Billings moved to approve the minutes of March 1, 2011, seconded by Chair Hobart. The vote was 2-0-1 (Tourtelotte abstained as was not at the meeting)

 

Item 3:  Comments from the Public – Theresa Turgeon presented a draft ordinance allowing for recall of elected municipal officials. She also presented a petition signed by 184 registered voters and certified by the town clerk. The Board discussed the ordinance as presented as well as the process to bring the ordinance to the voters. Selectperson Billings stated that the substance of the ordinance is not for the Board to decide as that is for the voters. The issue for the Board is whether or not to call a special town meeting. Ms. Turgeon stated that she wanted a special town meeting before the June 15th annual meeting to bring the ordinance to the voters. Chair Hobart asked what the hurry was. Ms. Turgeon replied that she had heard that some members did not want to renew the town manager’s contract. She stated that the town manager’s contract should be brought up after five members are on the Board. Selectperson Tourtelotte replied that there is a full Board now and that there had not been a vote on the contract and that he had not discussed it with anyone.

 

Selectperson Tourtelotte stated that he was not against the ordinance and that it should be treated like any other ordinance and go to town meeting. Selectperson Billings stated that he has never “been a fan” of recall ordinances but given the goings on in the town of Chelsea along with the fact that there is no provision to remove a selectperson in Bowdoinham or in Chelsea, he now has a different view of recall ordinances.

 

Selectperson Billings stated that the timing request is legitimate and that he appreciates the honest answer given by Ms. Turgeon and that delay voting on it would be unjust.

 

Selectperson Tourtelotte asked if there should be a specific clause in the ordinance regarding malfeasance. He also stated that he would like to see the ordinance voted on at the June meeting.

 

Chair Hobart stated that he had no problem with the ordinance.

 

Selectperson Billings moved to schedule a Special Town Meeting on March 30, 2011 at 7 pm at the Town Hall based on Moderator Bob Lenna’s availability or the first week in April if Mr. Lenna is not available on March 30, 2011 to consider the Ordinance for the Recall of Elected Municipal Officials, seconded by Selectperson Tourtelotte. The vote was 3-0 in favor.

 

Item 4:  New Business

 

  1. Comprehensive Planning Committee Report – Cyndie Lamoreau, Chair – Ms. Lamoreau reported on the activities to date of the Comprehensive Planning Committee. The goal of the Committee is to develop a new Comprehensive Plan by 2013. The Committee is seeking input from all residents and members are currently attending all town committee meetings to begin the outreach.

 

  1. Committee Bylaws – Ms. Lamoreau presented the draft bylaws for the Board’s approval. Selectperson Billings moved to approve the bylaws as presented, seconded by Selectperson Tourtelotte. The vote was 3-0 in favor.

 

  1. Consideration to appoint Felicity Beede as a member of the Comprehensive Planning Committee effective March 9, 2011 through June 30, 2013 – Selectperson Tourtelotte moved to appoint Felicity Beeded to a term effective March 9, 2011 through June 30, 2013, seconded by Selectperson Billings. The vote was 3-0 in favor.

 

  1. Selectperson Billings moved to approve the expenditure to hire Craig Freshley of Good Group Decisions for the visioning meetings, seconded by Selectperson Tourtelotte. The vote was 3-0 in favor.

 

  1. Select Board Liaison to Committee – The Board appointed Selectperson Tourtelotte as the Board Liaison to the Committee.

 

  1. Planner’s Report – Nicole Briand

 

  1. Sidewalk Project Update – Nicole Briand gave a report to the Board of the status of the sidewalk project. She reported that the Department of Transportation was seeking a statement from the Board to its willingness to give an easement where necessary for the sidewalks. She also reported that the project is expected to be ready to go out to bid in the next 2 to 8 weeks.

 

Selectperson Billings moved to approve a statement of the town’s willingness to provide easements where necessary on town owned land for the construction of the sidewalks, seconded by Selectperson Tourtelotte. The vote was 3-0 in favor.

 

  1. Planning Board recommendations for land use ordinance changes – Ms. Briand reported on the proposed changes to the land use ordinance for the June town meeting. She stated that there will be a Public Hearing on March 24 on the proposed changes.

 

  1. Consideration to accept the resignations of Bradley Meads and Wilhelmine “Billie” Oakes from the Planning Board – Selectperson Billings moved to accept the resignations of Bradley Meads and Wilhelmine Oakes from the Planning Board, seconded by Selectperson Tourtelotte. The vote was 3-0 in favor.

 

  1. Consideration to appoint Paul Baines as a member of the Planning Board effective date March 9, 2011 through June 30, 2011 – Selectperson Billings moved to appoint Paul Baines as a member of the Planning Board effective March 9, 2011 through June 30, 2011, seconded by Selectperson Tourtelotte. The vote was 3-0 in favor.

 

  1. Letter of support for Kennebec Estuary Land Trust for Land for Maine’s Future Application – Ms. Briand reported that she is working with a Bowdoinham property owner Kennebec Estuary Land Trust to purchase an easement for Maine for Land’s Future. Selectperson Tourtelotte moved to approve a Letter of support for Kennebec Estuary Land Trust to purchase an easement for consideration under Maine for Land’s Future funding, seconded by Chair Hobart. The vote was 2-0-1 (Selectperson Billings abstained given his employment with the State of Maine).

 

  1. CMP application in front of the Board – Ms. Briand stated that as the part of the Planning Board application process, the Board needs to state if it has concerns over the project and its impact on town services. Selectperson Billings moved to authorize the Board Chair to sign off on the Maine Power Reliability project stating that the Board sees no negative impact on town services, seconded by Selectperson Tourtelotte. The vote was 3-0 in favor.

 

  1. Discussion regarding the use of Trust Funds – Selectperson Billings reported on the Finance Advisory Committee’s meeting with Rob Snow of People’s United and the discussion regarding the transfer of trust funds to the town’s operating accounts that occurred in the past. The discussion raised a number of issues related to the use of trust funds in the year 2001-2004 to keep the town from bouncing checks. A letter from Maine Bank and Trust in 2003 to the former town manager and cc’d to Selectmen Brian Hobart stated the bank’s concern over the use of the trust funds. Chair Hobart asked Town Manager Durgin-Leighton if the Board had seen the letter. The Town Manager stated that she did not know. Chair Hobart stated that the average board member does not understand finances. Selectperson Billings stated that the trustees have a fiduciary responsibility to use the trust funds for their original purpose and not for the town’s purpose. Selectperson Billings stated that it was his opinion that the Town had failed in its responsibilities as trustees. Selectperson Billings further stated that there are questions regarding whether the town had fulfilled its obligation to pay back the trust funds. He suggested that the town attorney look into this and determine if it was wise to seek input from the Attorney General’s office. Selectperson Tourtelotte commented that this occurred 8 years ago and asked what was the concern tonight? Selectperson Billings replied that while the principal had been paid back, the interest and loss of income had not. The Board tabled the discussion for the next meeting.

 

  1. Consideration to withdraw $862.83 (Accumulated Income only) from the Viola Coombs Trust Fund for portion of match for energy related repairs/upgrades to the Coombs Municipal office – Selectperson Billings moved to withdraw $862.83 from the Viola Coombs Trust Fund for repairs to the Coombs Municipal Building, seconded by Selectperson Tourtelotte. The vote was 3-0 in favor.

 

  1. Consideration to appoint John McMullen as Harbor Master effective March 9, 2011 through December 31, 2011 – Selectperson Billings moved to appoint John McMullen as the Harbor Master effective March 9, 2011 through December 31, 2011, seconded by Selectperson Tourtelotte. The vote was 3-0 in favor.

 

Item 5:  Town Manager’s Report

 

  1. Road Postings – Selectperson Tourtelotte moved to post roads, seconded by Selectperson Billings. The vote was 3-0 in favor.
  2. Revenues & Expenses to end of February 2011- The Manager presented the revenues and expense spreadsheets to the Board.

 

Item 6:  Consent Items - none

 

Item 7:  Consideration of FY10 Treasurer’s Warrant #42 – Accounts Payable:  $67,130.21

The Board reviewed Treasurer’s Warrant #42. Selectperson Tourtelotte moved to approve Warrant #42, seconded by Selectperson Billings. The vote was 3-0 in favor.

 

Item 8:  Selectperson’s Request for Agenda Items for next meeting (March 22, 2011) –

 

Item 9:  Announce Future Meetings, Workshops, Events

 

  • March 14 @ 6:30 pm – SAD 75 Budget meeting with town representatives at Mt. Ararat High School
  • March 22 @ 6:30 pm – Select Board Meeting

 

  • Budget/Finance Meetings –

 

  • March 17 – Meet with Department Heads
  • April 14 – Final meeting with Dept. Heads & discuss overall budget
  • April 28 – Finalize budget
  • May 3 – Meet with Select Board
  • May 10 – Public Hearing on Budget
  • May 24 – Annual Town Meeting Warrant signed
  • June 9 – FAC meets to discuss talking points for Town Meeting
  • June 15 – Town Meeting

 

Item 10:  Consideration to enter into Executive Session pursuant to 1 MRSA §405(6)(C) related to economic development of town owned property – Selectperson Billings moved to enter into Executive Session pursuant to 1 MRSA §405(6)(C) related to economic development of town owned property, seconded by Selectperson Tourtelotte. The vote was 3-0 in favor. Selectperson Billings moved to exit from Executive Session pursuant to 1 MRSA §405(6)(C) related to economic development of town owned property, seconded by Selectperson Tourtelotte. The vote was 3-0 in favor.

 

Item 11:  Adjourn – The Board adjourned at 8:30 pm.