2011-12-27 Select Board Meeting Minutes


Town of Bowdoinham

Select Board Meeting

December 27, 2011 5:30 p.m.

Workshop at 4:00 p.m.



1.         Call the Meeting to Order & Establish a Quorum


The meeting was called to order and quorum established by Chairman Hobart at 4:00 p.m.  Selectpersons Brian Hobart, Doug Tourtelotte, Kathy Gallant, Kathy Tome and M. Theresa Turgeon were present.  Staff present included Town Manager William Post and Assessors’ Clerk Dotty Baker. Approximately two members of the public were also present.


2.         Amendments to the Agenda


One item was added to the agenda under “Action Items”: Act on Appointments to Midcoast Council of Governments General Assembly.


3.         Workshop to Discuss Goals and Priorities


A.  Discuss Code Enforcement (Nicole Briand)


The Town Manager stated that he would like guidance from the Board on the topic of code enforcement, specifically on how the Board would like to pursue those that violate the Land Use Ordinance and/or state land use laws.  He then turned the discussion over to Nicole Briand.


Nicole stated that there are currently three steps the Town works through by the town Enforcement Officer for violators. First, the code officer sends a letter that notifies the landowner about the violation and gives a 30-day time period to correct the violation.  Usually about half of the violators will contact the office and correct the issue after this first letter.  A second letter will be sent if there is no action or contact.  Then a third letter is sent if there continues to be no contact.  After these three steps, the town attorney sends a letter with a 7-day notice of correction.  After this, the Town can take the violator to court using the town attorney.  Only after the court finds for the Town can attorneys fees and fines be awarded to the Town.


The Manager stated that there is also an issue to discuss concerning consent agreements. The current Land Use Ordinance allows for the Town to enter into consent agreements, but does not allow for violations to continue.  He suggested that language could be added that would authorize consent agreements that would allow violations to continue in consideration of the circumstances around the property and situation.  This would give the Town flexibility in working with violators to correct the violations as much as possible.


The Manager stated that there are two issues for the Board to consider: consent agreements as described and when the Town wants to engage the attorney in code enforcement.


Chair Hobart suggested that the first letter be sent by the code officer, then the second letter be sent by the town manager and then have the attorney send the third letter. 


Briand stated that there is a legal process that must be followed in order to ensure the Town will prevail in court.    


Briand and the Manager will assemble more information for the Board on the code enforcement process.


B.   Discuss Newsletter (Communications Topic)


The Manager stated that under the “communications” topic on the work list, a newsletter policy is mentioned. Currently there is no policy for how the newsletter is created or if advertising should be allowed, and if so, what to charge for different size ads.  The Manager and Briand are looking for guidance to develop a policy.


The Board stated that the newsletter should have articles from the Town committees, staff and non-profit organizations and it should include upcoming events. The Board also decided that articles from others should be accepted, but that guidelines need to be developed for these articles.  A “business spotlight” should be in each issue, with guidelines on its selection and advertising should be allowed.


Selectperson Gallant stated that the newsletter should include articles from the school so that the community/school connection can continue.


C.  Board and Manager’s Project List


The Manager reviewed the re-organized work list. He created categories and sorted the topics into these categories. The categories include administration, communications, community and economic development, facilities and equipment, finance, human resources (personnel management), human services, and public safety.  He also prioritized his work list as requested under each category.  At the top of each category he listed the topics discussed by the Board members.


The list is a working list and will be updated as tasks are worked on and completed and as other tasks are brought up.


4.         Approve Consent Calendar

            A.  Regular Meeting Minutes of December 5, 2011

            B.   Regular Meeting Minutes of December 13, 2011

            C.  Warrants & Financial Reports:

                  1.   Treasurer’s Warrant #37 for $462,426.84


On motion of Tourtelotte/Turgeon, the Board voted 5 – 0 to approve the Consent Calendar as presented.


5.         Action Items


            A.  Act on Contract with Pine Tree Engineering for Ridge Road Reconstruction


            The Town Manager stated that the Board discussed contracting with Pine Tree Engineering for design and contract administration for the Ridge Road Project.  The construction will not be as dramatic as Center Street, but will replace underground drainage, shift the road to the north 1 – 2 feet and then pave. Because Pine Tree Engineering is handling the Sidewalk Project, this will coincide with that project and the engineers will be able to handle all of the residents’ concerns and issues.  The cost for the contract is $5,950 and will be funded from the Bond. 


            On motion of Turgeon/Tourtelotte, the Board voted 5 – 0 to authorize the Town Manager to enter into a contract with Pine Tree Engineering for Professional Engineering Services for the Ridge Road Project.


B.   Act on Appointment of David Reinheimer to Bowdoinham Water District Board of Trustees           


The Town Manager stated that the George Freeman resigned as a trustee of the Water District and the Board of Trustees are recommending the appointment of David Reinheimer to this vacant position. The term would expire on June 30, 2013. 


On motion of Tome/Gallant, the Board voted 5 – 0 to appoint David Reinheimer to the Bowdoinham Water District Board of Trustees for a term expiring June 30, 2013.


C.  Act on Appointments to Midcoast Council of Governments General Assembly


The Town Manager stated that Bowdoinham has three positions on the Midcoast Council of Governments (MCOG) General Assembly based on its population.  The current members are David Whittlesey, the previous town manager and Brian Hobart.  Therefore, two new members need to be appointed by the Board.  The Manager recommended that the Board appoint Nicole Briand and himself.   


On motion of Tourtelotte/Tome, the Board voted 5 – 0 to appoint William Post and Nicole Briand to the Midcoast Council of Governments General Assembly.


6.         Discussion Items


  1. Fundraising Committee/Group (Kathy Tome)


Select person Tome stated that she has met with Jen Foley to get ideas on how to raise funding and has also met with Diane Stahl, school principal. She expects to draft a letter to residents and businesses describing the program and asking for donations.  A surprising fact is that 54% of the school’s students receive free or reduced lunch. This shows that there is a need in town for more than just heating assistance. The school provides some clothing and food but they have no space to store donations that they receive.  She would like to find a place that could store donated items like clothing, food, and other household necessities. She will continue working on this as well as the fundraising aspect.


  1. Town Manager’s Report


The Town Manager stated that the Fire Department’s new fire truck will arrive on Wednesday at 9:00 a.m.


8.         Selectperson’s Requests for Agenda Items for Next Meeting  


Selectperson Tome stated that she would have another update on the fundraising group/committee at the next meeting.


9.         Announce Future Meetings, Workshops, Events


A.  Selectmen’s Meetings-

  1. January 10th– Regular Meeting
  2. January 24th – Regular Meeting


10.       Comments from the Public – None

11.       Executive Session

            A.  Convene in Executive Session Pursuant to 1 M.R.S. §405(6)(A) to discuss a personnel matter.

            On motion of Hobart/Tourtelotte, the Board voted 5 – 0 to convene in executive session at 5:58 p.m. pursuant to 1 M.R.S. §405(6)(A) to discuss a personnel matter.

            On motion of Gallant/Tome, the Board voted 5 – 0 to reconvene in regular session at 6:30 p.m.

12.       Adjourn

The meeting adjourned at 6:30 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