2011-08-23 Select Board Meeting Minutes

 

MINUTES

Town of Bowdoinham

Select Board Meeting

August 23, 2011 at 6:30 p.m.

 

 

Item 1:  Call the Meeting to Order & Establishment of a Quorum

 

Meeting called to order and quorum established by Chairman Hobart at 6:32 p.m.  Selectmen Brian Hobart, Dan Billings and Doug Tourtelotte present.  Staff present included Town Manager William Post. Approximately four members of the public were also present.

           

Item 2:  Amendments to the Agenda - None

 

Item 3:  Comments from the Public - None

 

 

Item 4:  Approval of Minutes

 

  1. August 9, 2011

 

On Motion of Billings/Tourtelotte, the Board voted 3 – 0 to approve the minutes of August 9, 2011. 

 

Item 5:  Business Items:

 

  1. Act on 2011-2012 Sagadahoc County Tax Assessment

 

The Town Manager stated that the 2012 County Tax Assessment for Bowdoinham is $423,809, an increase of $12,295.  The town’s state valuation is $267,200,000 which results in Bowdoinham paying 5.86% of the county tax assessment.

 

On motion of Billings/Tourtelotte, the Board voted 3 – 0 to approve the 2012 Sagadahoc County Tax Assessment of $423,809. 

 

  1. Act on Authorizations Necessary for Maine Bond Bank

 

The Town Manager stated that the Board needs to vote on six different motions in order for the Town to proceed with the bond application with the Maine Bond Bank.

 

On motion of Billings/Tourtelotte, the Board voted 3 – 0that pursuant to the constitution and laws of the State of Maine, authority the granted by Section 5772 of Title 30-A of the Maine Re­vised Statutes, as amended, and the action taken by the voters of the Town at a Town Meet­ing held  on June 15, 2011, and any other applicable authority under the laws of the State of Maine thereto enabling, the Selectmen and the Treasurer of the Town are hereby authorized to borrow on behalf of the Town from the Maine Municipal Bond Bank, an amount not exceeding $900,000 for the purpose of road paving, purchase of a fire truck and purchase of a public works plow truck in the town of Bowdoinham (the “Project”) said loan to be evidenced by a General Ob­li­ga­tion Bond of the Town, to be executed and delivered on behalf of the Town by the Treasurer and counter­signed by a majority at least of the Board of Selectmen of the Town payable over a period not to exceed twenty (20) years (the "Bond") and to be at such interest rates and upon such other terms and conditions as may be required by the Maine Municipal Bond Bank.   

 

On motion of Billings/Tourtelotte, the Board voted 3 – 0 that pursuant to the requirements of the Internal Revenue Code of 1986, as amended, the Town designates the Bond to be "qualified tax exempt obligations" of the Town, and that the Town shall not issue in 2011 an aggregate total amount of qualified tax exempt obligations in excess of $10,000,000.  Further, the Town does not reasonably expect to issue qualified tax exempt obligations in an amount in excess of $5,000,000 during 2011.

 

On motion of Billings/Tourtelotte, the Board voted 3 – 0 that the Town shall take any and all actions required under the Internal Revenue Code of 1986, to maintain the tax exempt status of the interest on the Bond, and to maintain the status of the Bond as "qualified tax exempt obligations" of the Town, and that the Bond may be subject to such further terms and conditions as may be agreed to by a majority at least of the Selectmen and the Treasurer of the Town to carry into effect the full intent of this vote.

 

On motion of Billings/Tourtelotte, the Board voted 3 – 0 that the Town Treasurer or the Chairman be and each of them hereby is authorized for the foregoing purposes to make application to the Maine Municipal Bond Bank for sale of the Bond, and to execute a Loan Agreement with the Bond Bank in such form as the Bond Bank may require, and further, that the Town Treasurer, Clerk and Chairman of the Board of Selectmen be and each of them hereby is authorized to take such action to execute any and all documents, affixing the seal of the Town where necessary, in order to carry into effect the full intent of the foregoing votes or any of them.

 

On motion of Billings/Tourtelotte, the Board voted 3 – 0 that the law firm of Eaton Peabody is hereby designated as Bond Counsel for the Town to advise the Town with respect to the issuance and sale of the Bond, and to prepare documents and render opinions as may be necessary or convenient for the purpose.

 

On motion of Billings/Tourtelotte, the Board voted 3 – 0 that the municipal officers and officials of the Town are hereby authorized to execute all documents and certificates, and to take all action, including affixing the seal of the Town, as may be necessary or convenient to carry out the full intent of the foregoing votes or any one of them.

 

 

  1. Act of Award of Sidewalk Project Contract and Authorize Manager to Execute Contract

 

The Town Manager stated that the sidewalk project bids were opened on August 18th.  The Town received seven bids.  The apparent low bidder at the bid opening was Reno’s Construction with a bid price of $409,565.00. However, after the bids were reviewed, it was determined that there were some mathematical errors on the bid forms. This resulted in the new apparent low bidder being Off-Road Construction at $410,487.50.  Reno’s Construction’s recalculated bid was $414,815.00. As this project is funded through a grant from MDOT, the contractor must be approved by MDOT. At this point, MDOT has not finished reviewing the bid documents to determine to which company they will recommend the Town award the project.

 

The Town Manager stated that the Board had two options: the Board could award the contract to the lowest qualified bidder as approved by MDOT and authorize the manager to sign the contract documents, or the Board could hold a special meeting after MDOT has approved a bidder and then award the bid.

 

On motion of Billings/Tourtelotte, the Board voted 3 – 0 to award the sidewalk project contract to the lowest qualified bidder as approved by MDOT and authorize the Town Manager to execute the contract documents on behalf of the Town.

 

  1. Review Proposed Ordinance for the Recall of Elected Municipal Officers with Town Attorney’s Comments

 

The Town Manager stated that the Town Attorney reviewed the proposed ordinance and made some recommended changes as outlined.

 

Selectman Billings stated that the attorney’s suggestion to not cite reasons for recall in “Section 3 – Grounds for Recall” are understandable, but the language was put in the ordinance to address a concern from citizens about the previous version of the ordinance that was voted down. 

 

Selectman Billings recommended that the language recommended by the attorney for “Section 6(d) Calling the Recall Election” in reference to holding a public hearing be accepted.  He also recommended that the attorney’s language for “Section 8 Result of Election” be accepted.

 

The Town Manager stated that he would make these changes and have the ordinance ready for approval at the next Board meeting.

 

  1. Discussion on Editorial Policy for Town Newsletter

 

Selectman Billings stated that he asked for this agenda topic because of the article in the last town newsletter written by Seth Berry.  He stated that previous articles were informative and objective, but the last one he found to be partisan and should not be funded by the tax payers. He stated that there were factual errors in the article.

 

Seth Berry stated that he thinks the local people should know what is happening in Augusta and did not believe that his message was partisan. He cautioned the Board about censorship and asked how the Board would determine what articles are partisan.  Rep. Berry also stated that the annual town report includes state and federal representatives’ letters.

 

George Christopher asked if the proposed policy would apply to the town report.

 

The Town Manager stated that he could draft a policy for the Board to review and they could discuss it at a future meeting.

 

  1. Discussion on Requirements for Bond from CMP for Maine Power Reliability Project

 

The Town Manager stated that he, Kevin Prout and Nicole Briand met with representatives from Burns & McDonnell concerning the CMP project and potential road damage.  This construction project is significantly different than other CMP construction projects and because of its size and complexity, CMP has hired a company, Burns & McDonnell, to manage the project for them.  The Board, along with Public Works Director Prout, has previously requested a bond for $250,000 from CMP to cover any road damage from contractors during construction.

 

The Town Manager explained that each contractor has a bond directly to CMP that covers road damage. The contractors are expected to repair any road damaged during construction activities and if they don’t, then CMP can have the damage repaired. CMP provided a letter to the Town detailing this aspect.  In addition, CMP is prepared to offer a $10,000 cash escrow account that the Town would have access to in case emergency repairs were needed and they were not completed by CMP’s contractors.  The Town Manager recommended asking for a $20,000 escrow, but believes that the $10,000 may be adequate and the bonds are adequate.  The CMP representatives agreed with the other requirements including complying with road postings, using Pork Point Road as much as possible instead of Browns Point Road, all roads will remain open for public use, a representative will be present for road inspection prior to construction work, and the Town will have the final say on all road repairs.     

Item 6:  Town Manager’s Report

  • The Town Manager will be at the MTCMA Institute from Wednesday through Friday of this week.
  • The Town Manager recommended scheduling the informational meeting on the Recycling Barn for September 21st at 6:30 p.m.  The Board stated the meeting should be at Town Hall.
  • The Town Manager requested the Board hold a special meeting the week of Labor Day (September 5th) to approve warrants as there is a three week break between regular meetings. 
  • Paving Bids are due on August 31st for School and Spring Streets.
  • The Town Manager stated that he has served on the MCEDD Board of Directors for the past several years and has been asked to continue, possibly as president. He asked the Board their opinion.  The Board supported the manager’s continued involvement as it will benefit Bowdoinham.

 

Item 7:  Consideration of FY12 Treasurer’s Warrant #07 for $3,327.00 and #08 for $230,750.96.

On motion of Billings/Tourtelotte, the Board voted 3 – 0 to approve Treasurer’s Warrant #07 and #08.

Item 8:  Selectperson’s Request for Agenda Items for next meeting (September 13, 2011) - None

Item 9:  Announce Future Meetings, Workshops, Events

Selectmen’s Meetings-

  • September 13th – Regular Meeting
  • September 27th – Regular Meeting

 

Celebrate Bowdoinham – September 10th

 

Item 10: Convene in Executive Session pursuant to 1 M.R.S.A. §405(F) to consider a Poverty Abatement Request – Tabled as applicant was not in attendance.

 

 

Item 11: Adjourned at 7:18 p.m.

 

 

 

Board of Selectpersons                                                                        

Town of Bowdoinham, Maine  

Brian Hobart, Chair

Daniel Billings

Douglas Tourtelotte

Respectfully submitted,       

William S. Post, Town Manager