2011-04-26 Select Board Meeting Minutes



Town of Bowdoinham

Select Board

Special Meeting

April 26, 2011



Item 1:  Call the meeting to order

            Meeting called to order by Chairman Hobart at 6:30 p.m.

            Board members present:  Chairman Hobart, Daniel Billings, Douglas Tourtelotte


Item 2:  Amendments to the Agenda


Item 3:  Comments from the Public:


            Albert Stehly stated that Maxwell Cemetery looks great and he would be willing to plant rose bushes in the cemetery where invasive plants were removed if the Town purchases the rose bushes.

Mr. Stehly asked if ditching along Carding Machine Road by Dinsmore Cross Road could be placed on the top of the priority list for ditching.


            Theresa Turgeon wanted to discuss the recall ordinance and understands that while the Selectmen had issues with the ordinance that was proposed she felt they were supportive of the idea of the recall ordinance.  She would like to revise the proposed recall ordinance for consideration at the June Annual Town Meeting.  Chairman Hobart would like to wait until after November when the Board becomes five members.  Theresa has asked to work with Selectman Tourtelotte to revise the ordinance.


            Daria Ferrante commented that she was concerned with previous transfers of trust fund monies and the town’s need to repay interest and investment income lost because of the transfers.  She also would like to know what the consequences are for those responsible for transferring the funds in the first place.


Item 4:  Approval of minutes


  1. March 28 & 29, 2011
  2. April 4, 2011
  3. April 19, 2011


Motionby Selectman Tourtelotte to accept the March 28 & 29, April 4 and April 19, 2011 minutes as presented.  Seconded by Selectman Billings.  Voted unanimously 3-0.


Item 5:  New Business


  1. Abatement Request # 12, #13, #14 – Johnson, Martin & Jonna


Assessor’s Agent Beal is requesting abatements based on the fact that the Johnson’s have been assessed for 6.5 acres and it should have been 4.88 acres from the deed description by survey.  Assessor’s Agent Beal provided abatement requests for the past three years.  Selectman Billings advised that the Board has set precedence that only one year is granted.


Motionby Selectman Billings to approve abatement request #12 in the amount of $17.76.  Seconded by Selectman Tourtelotte.  Voted unanimously 3-0


  1. Approval for Pole Location – Carding Machine Rd

The Board previously approved the pole location permit; however, the permit was never received by Fairpoint.  The Board re-signed the pole location permit.


  1. 250th Anniversary Committee request to become appointed Committee

The 250th Anniversary Committee has met and passed Bylaws.  They are requesting to become an official Town Committee to be recognized as a town entity.  No one was present from the committee.  Selectman Billings is requesting that the Bylaws be revised due to the fact that the bylaws reflect a Treasurer and self administering of funds.  As a town committee they would need to follow the same process as all other town committee.  Otherwise, they may want to look at forming as a non-profit.  No list of potential appointees has been received by the Board and this item will be tabled to a future meeting.


  1. Celebrate Bowdoinham 2011 – Peggy Muir


This item was tabled until a future meeting due to no representation.


  1. Cable Committee - Request to become appointed Committee


The Bowdoinham Cable/Internet Committee is requesting to become a recognized Town Committee and that members be appointed by the Selectmen.  Bylaws have been created and lists of potential appointees were presented to the Board.  Appointment papers will be prepared for the next Selectmen’s meeting.


Motionby Selectman Billings to create the Cable/Internet Committee and adopt their bylaws.  Seconded by Selectman Tourtelotte.  Voted unanimous 3-0.


  1. Energy Committee – Contracts for project


This item tabled until a future meeting due to no representation.


  1. Recycling Barn – Alarm system quotes


In response to the MMA Risk Management Services action plan recommendation of 11/29/10, Solid Waste Director David Berry has received three (3) quotes on the fire alarm system at the recycling barn. Northeast Security ($5,538) and Seacoast Security System ($11,997) quotes reflect starting from scratch and installing a completely new system. Ray’s Electrical Service ($4,072.18) quote entails repairing and working with the existing system.  MMA’s requirement is that if a fire alarm is in place, it must be activated and work.  MMA does not specify what is required for a system, that would fall under the State Fire Marshal’s Office.  The Board directed Solid Waste Director Berry to contact the State Fire Marshal’s Office on the requirements needed at the barn.


  1. MMA Risk Management Response letter


An excel spreadsheet has been created to address the Outstanding Recommendations from the 11/29/2010 visit.  The Action Taken on the Recycling Barn alarm system will be updated to reflect that quotes have been received and the State Fire Marshal’s Office will be contacted for recommendation and review.

The responses to the March 15, 2011 visit to the Recycling Barn have been addressed in a separate spreadsheet.


A cover letter and the responses will be forwarded to MMA Risk Management Services with a copy to Loss Control Consultant Ann Schneider.


  1. Request for Appointment of Representatives to the Midcoast Economic Development District


The Midcoast Economic Development District (MCEDD) is requesting the Board appoint two representatives to the General Assembly of MCEDD.  At least one of the representatives must be a municipal officer or a designee elected by a majority of the municipal officers.  The Board is recommending that we advertise and ask the Community Development Advisory Committee for interest parties.


  1. Update on proposed amendments to Land Use Ordinance & request Warrant Article – Ellen Baum


A summary on the proposed amendments was presented to the Board.  Selectman Billings is requesting that references to the building code be removed because there are possible law changes that would make the building code optional in the future.  At this time, the State building code would be enforceable for the Town of Bowdoinham July 1, 2012 whether referenced in the ordinance or not.    If the law change happens to make optional, then the townspeople can decide on whether or not they want a building code.  Selectman Billings agrees that the remainder of revisions do help clean up the ordinance and make it easier to use.  Ellen Baum advised the Board that the Planning Board would agree to remove the building code language from the proposed amendments and discuss next year if needed.


Selectman Tourtelotte asked why there were changes recommended to the language for subdivisions.  Ellen Baum advised a lot of the Planning Board work over the last year has involved amendments to subdivision.  These amendments have encompassed several different reasons to need to amend a subdivision.  It is being recommended that the level of review for amendments be tiered to the level of review needed.


Motionby Selectman Billings to place the proposed amendments to the Land Use Ordinance with the noted change in removing references to the building code on the June 2011 Annual Town Meeting Warrant.  Seconded by Selectman Tourtelotte.  Voted unanimous 3-0.


  1. Update on Comprehensive Planning Commission – Cyndie Lamoreau


Cyndie Lamoreau gave an overview and update of the committee.  They are trying to gather input from as many residents as possible to create a plan that the townspeople want.  The Visioning process will lay the foundation for the plan.  She encouraged the Board to attend the upcoming visioning workshops.


  1. Planner Report - Nicole Briand


The following documents were submitted to the Board

  • April 28th Agenda
  • February 24th Meeting Minutes
  • March 10th Meeting Minutes
  • Notice of Site Plan Review Application - The Town of Bowdoinham Planning Board has received a Site Plan Review from Peter Feeney toNanette Giacoma to change the use of the Old Fire Station & Down East Credit Union properties to allow for the creation of the Long Branch School of Maine. 

Planner Briand requested feedback from the Board with any concerns and how those concerns may be addressed by completing the attached form and returning it to her.

Motionby Selectman Billings to have Chairman Hobart sign the form stating “No concerns”.  Seconded by Selectman Tourtelotte.  Voted unanimous 3-0.


  1. Site Plan Review Application – Old Fire Station & Down East Credit Union property
  2. Comprehensive Economic Development Strategy Update

The Midcoast Economic Development District is beginning the annual update of our Comprehensive Economic Development Strategy (CEDS).  I have attached the following materials for your review:

  • Email from Mary Ellen Barnes, Director of Economic and Community Development
  • Current CEDS Goals and Objectives
  • 2011 CEDS Project Proposal Form
  • 2009 Annual CEDS Update
  • 2008 CEDS 5-yr Plan


  1. SkateboardPark– Update & Request for Warrant Article


Since the Board approved the new location for the Skatepark, we have:

  • had the site surveyed and soil test pits completed,
  • had a engineer design complete the base design (attached),
  • a conceptual design for the Skatepark with a cost estimate of $70,000 (attached),
  • received approval from MeDEP to proceed with a Tier I wetlands permit application (instead of the full application), and
  • obtained draft lease agreements from both Frederick Haer and MDOT (attached).


The next step for this project is the approval of the Town to sign both lease agreements.  Mr. Haer has provided a letter stating that he agrees to sign the lease as proposed.  MDOT has agreed withthe changes made by Leach Rachin, with the exception of the language

added in Section 11 (please refer to the underlined language).  Mr. Moulton (MDOT) stated that the added language (in Section 11) is not acceptable to the Department and if that language is removed we have a document that is ready to sign.  I’m requesting that the Board support a warrant article to accept the two lease agreements as agreed by Mr. Haer and MDOT.


Selectman Billings agreed that the Town’s attorney was looking out for the town’s interest and he felt it was reasonable, however, if MDOT was not willing to accept any language change, Selectman Billings was okay with the MDOT language.


Motionby Selectman Billings to remove the language from the lease and approve both leases to be placed as one Article for consideration at the June 2011 Annual Town Meeting.  Seconded by Selectman Tourtelotte.  Voted unanimous 3-0.


The goals for this project are:

  • apply for a Tony Hawk grant this summer (due July 1st),
  • have the necessary State and local permits in place so that Public Works can complete the site work for the Skatepark this Fall,
  • raise the additional funds by Summer 2012 and
  • construct the skatepark Summer 2012.



  1. Cable – request Warrant Article


As you are aware, we have been talking to Comcast regarding possibly partnering for a ConnectME grant to expand broadband (internet) and cable service in Bowdoinham.  We submitted a pre-application letter for the ConnectME 5th grant round and are currently awaiting the announcement for the 6th grant round.  We would like to apply for a $100,000 grant and provide a $100,000 match for the proposed $340,000 project to provide service along River Road and Carding Machine Road, as has been discussed with Comcast.  Therefore, I’m requesting that the Selectboard support a warrant article to appropriate $100,000 for the purposes of expanding broadband service to the residents of Bowdoinham. 


Selectman Billings did not think it was appropriate to ask taxpayers for that amount of funding without a concrete proposal in place.  Chairman Hobart and Selectmen Tourtelotte agreed.  The Board directed Planner Briand to continue her work on this project and the Board will bring it to the voters when/if there is a proposal.


  1. Center Street - update and request to proceed with bid documents


As you know, we have been working with Rob Prue, Pine Tree Engineering to do the design for our Center Street rebuild.  Rob Prue has suggested that we should stagger going out to bid with our two projects (Center Street & Sidewalks).  Given the delay with our Sidewalk Project (see below), Rob has suggested that we go out to bid with Center Street first.  Therefore, I am proposing the following schedule:

  • Selectboard approval the bid documents – May 10th
  • Go out to bid – May 16th
  • Bid opening – June 16th at noon (dependent on Town Meeting)
  • Award Bid – June 28th or July 12th (dependent on Bond)
  • Start Construction – July 15th or August 1st
  • The culvert for the stream crossing must be replaced by October 1st due to MeDEP standards.


The Board directed Planner Briand to move forward with the timeline but the Board would like to see a two-option bid.  First option would be to bid the complete job; the second option would be to bid utilizing portions of the project being completed by the town’s public works department.  Planner Briand will meet with PW Director Prout to ascertain what aspects of the project public works would be able to do.


  1. Sidewalk Project – update


We are still working to go out to bid this construction season.  We are currently waiting for our Categorical Exclusion (CE) from MDOT.  Once we have our CE we will be able to obtain any necessary construction easements and get approval from MDOT to go out to bid.  We are currently looking at construction late Summer/Fall 2011.


  1. Farmers’ Market – update


The fourth season will kick off on May 21st for its 22 week season.  The Market will be open on Saturdays, from 8:30-12:30.  Pete Galle has agreed to be the market coordinator this year. 




  1. May Newsletter


We are working to have a May newsletter that will be coming out on May 16th.


  1. Upcoming Meetings
    1. Community Development Advisory Committee’s Bowdoinham Business Meeting – Wednesday, April 27th at 6:30pm
    2. Public Hearing for CMP’s Planning Board application – Thursday, April 28th at 7pm
    3. Visioning Workshops – Comprehensive Planning Committee
    4. May 12th at 7pm at the Town Hall
    5. May 18th at 7pm at the Fire Station


  1. Discussion on Personnel Restructuring contained in 11/12 proposed fiscal budget


Selectman Billings requested to table this item until the next meeting.


  1. Update on Town Manager Search – Don Gerrish


Mr. Don Gerrish advised the Board that there have been 24 applications received to date.  Nine of those applications are from in-state.  Application deadline is Friday, April 29th and he is expecting a total of 30 applications at that time.  Mr. Gerrish will provide each Board member with a booklet containing all applications.  He will hand deliver the packets to Chairman Hobart on May 5th.


May 9, 2011 will be a special selectmen’s executive session meeting to review applications.  Tentative dates for interviews are May 17th & 18th


Item 6:  Old Business/Pending Items


  1. Trust Funds


Tabled at this time


Item 7:  Town Manager’s Report- None at this time.


Item 8:  Consideration of FY11 Treasurer’s Warrant


Motionby Selectman Billings to approve Treasurer’s Warrant #51 in the amount of $34,499.33.  Seconded by Selectman Tourtelotte.  Voted unanimous 3-0.


Item 9:  Selectperson’s Request for Agenda Items for next meeting (May 10, 2011) –


Item 10:  Announce Future Meetings, Workshops, Events

  • Special Town Meeting –
  • May 04–
  • Selectmen’s Meetings –
  • May 10– Regular Meeting
  • May 24 –Regular Meeting
  • Budget/Finance Meetings –
  • April 28 – Finalize budget
  • May 3 – Meet with Select Board
  • May 10 – Public Hearing on Warrant
  • May 24 – Annual Town Meeting Warrant signed
  • June 9 – FAC meets to discuss talking points for Town Meeting
  • June 15 – Town Meeting


Item 11:  Adjourn 8:05 p.m. by acclamation.


Respectfully submitted,

Nicole Briand