2012-09-11 Select Board Meeting MInutes


Town of Bowdoinham

Select Board Meeting

September 11, 2012 5:30 p.m.



1.         Call the Meeting to Order & Establish a Quorum


The meeting was called to order and quorum established by Chairman Hobart at 5:30 p.m.  Select Board members Brian Hobart, M. Theresa Turgeon, Kathy Tome and Douglas Tourtelotte were present.  Board member Kathy Gallant was absent.  Staff present included Town Manager William Post.  Sheriff Joel Merry, Nora Bishop and George Christopher were also present.


2.         Amendments to the Agenda – Item 3.C.2 was added to the agenda.


3.         Approve Consent Calendar

            A.  Regular Meeting Minutes of August 28, 2012


            On motion of Tourtelotte/Tome, the Board voted 3 – 0 -1 (Turgeon abstained) to            approve the meeting minutes of August 28, 2012.


            B.   Warrants & Financial Reports:

                  1.   Treasurer’s Warrant #12 for $195,895.58

                  2.   Angus King, re: 250th Anniversary


The Town Manager stated that the letter from Angus King congratulated the Town on its 250th Anniversary and the events throughout the year. Mr. King recognized the work done on the Jellerson School as well.


On motion of Tome/Tourtelotte, the Board voted 4 – 0 to approve the remainder of the consent calendar as presented.


4.         Discussion Items


            A.  Meet with Sheriff Joel Merry


Sheriff Joel Merry stated that the Sagadahoc Sheriff’s Department regularly patrols seven communities. And Bowdoinham is the third busiest behind Woolwich and West Bath. With that said, Bowdoinham is still a fairly quiet community. Calls for service have increased this year from last year, particularly theft and burglary which is a result of the current economy. Most of these have been solved resulting in arrests and recovered property, including the burglaries at the Country Store. Chair Hobart asked what helps solve burglaries. Sheriff Merry stated that neighbors watching out for other neighbors are important because the information from neighbors provided to police often leads to further evidence and arrests.


Throughout the county, the Sheriff’s Department responds to about 8,000 calls for service each year. The Uniform Crime Report (UCR) calls, which are violent and property crimes, have increased this year while the overall calls are about the same. 


            Select Board member Tourtelotte asked about gun discharge laws and town ordinances. Sheriff Merry handed out information to the Board members covering statutes on gun discharges, fireworks and medicinal marijuana. Sheriff Merry stated that fireworks can be confused easily with gun discharges and his department has had an increase in calls concerning gun discharges. Many of these have been fireworks.  Firearms cannot be discharged within 100 yards of a dwelling unless on own property or with permission. There are some exceptions to this such as protecting property, animal attacks, etc. Municipalities can create ordinances to prohibit and/or regulate firearm discharges.


            The Town Manager stated that if the town were to have a firearm discharge ordinance then a constable or contract with the Sheriff’s Department would need to be in place to enforce the ordinance. Sheriff Merry stated that is true. Municipal ordinances are not enforced by the Sheriff’s Department or state police.


            Chair Hobart asked if a law exists that prohibits discharging a firearm at night. Sheriff Merry stated there is no law against firearm discharges at night, but disorderly conduct could be a charge if the discharge was repeated and was disturbing the neighborhood.


            Select Board member Tome asked the Manager if other towns were in similar situations as Bowdoinham without having local ordinances enforced. The Manager stated that rural towns make choices, but must have a constable or law enforcement of some kind in order to enforce Town ordinances.


            Select Board member Tourtelotte asked Sheriff Merry of there have been many calls for fireworks since they have been legalized.  Sheriff Merry said there have been more calls; the consensus in the law enforcement community is that the newness of legalized fireworks will wear off soon.


            Sheriff Merry addressed the issue of medicinal marijuana and referred to the handout provided. Tourtelotte asked if there were any permits in the county. Sheriff Merry answered that there are many permitted users in the county. One change in the law is that there is no public list of permit holders. Caregivers are also allowed to grow marijuana for patients.


            Chair Hobart stated that there is one property in town which neighbors are saying the owners are growing marijuana and selling it to patients. Sheriff Merry stated that would be illegal. There are two different types of distribution that are allowed by the law: dispensaries and patients and caregivers. Only one dispensary is allowed per health district. Sagadahoc County is in the same health district as Rockland, and there is one dispensary operating in Rockland.


            Tourtelotte asked if the Sheriff’s Department has an officer dedicated to drug enforcement. Sheriff Merry answered that a Maine Drug Enforcement Agent employee is assigned to the Sheriff’s Department and paid by the county. This agent is part of the Drug Enforcement Task Force.


            Select Board member Turgeon stated that she noticed an increase in incidents through the incident reports, but the incident titles are sometimes hard to understand. Sheriff Merry agreed.


            Tourtelotte asked if other drugs are an issue. Sheriff Merry stated that prescription drugs are a problem as they are stolen, misused and lead to burglaries and thefts.


            Sheriff Merry stated that year to date, his department has responded to 666 calls for service in Bowdoinham. In 2011, the department responded to 856 calls for service.


            Turgeon asked about TRIAD. Sheriff Merry stated that TRIAD is a partnership between law enforcement, senior service agencies and senior volunteers. Merrymeeting TRIAD is comprised of all of Sagadahoc County, Brunswick and Harpswell. The meetings are open to anyone and are held on the third Wednesday of the month at 9:00 a.m. at rotating places. TRIAD has sponsored a successful medication collection event, operates a “shelter in place” program and a “Tea and Tips” program.


            The Board thanked Sheriff Merry for his information. Sheriff Merry suggested attending meetings occasionally with the Board.


            B.    Discuss Creation of Reserve Fund for Video Broadcasting and Recording Equipment


            The Manager stated that the Town received the check from Comcast for the franchise fees that they mistakenly paid to Bowdoin instead of Bowdoinham in the amount of $10,286.67.  Select Board member Turgeon previously suggested that the Board create a reserve fund and place this revenue in that fund so that it is available for purchasing equipment to record and broadcast board and committee meetings in the future. The Manager asked the Board if this was the direction the Board wished to take.  The Board asked the Manager to research if a reserve fund could be created without town meeting approval.


5.         Action Items


  1. Act on General Obligation Bond Proposal from Androscoggin Bank as Approved at the Annual Town Meeting


The Manager stated that the Town Meeting approved borrowing up to $400,000 for construction work on Millay Road and to purchase equipment for sidewalk snow removal. He contacted several banks and asked for proposals for a general obligation bond. Androscoggin Bank has supplied a proposal with an interest rate of 3.09%. The bond will be set up so that the Town will only use what is needed for the two projects. No payments will be due in this fiscal year, but will begin in next fiscal year for 10 years as outlined on the amortization schedule included with the proposal. The Manager is utilizing Paul Frinsko of Bernstein Shur as the Town’s bond counsel in this matter as he has served in this capacity for the Town previously.


The Manager recommended accepting Androscoggin’s proposal with level payments.


On motion of Tome/Tourtelotte, the Board voted 4 – 0 to accept the General Obligation Bond proposal from Androscoggin Bank and authorize the Town Manager to prepare the necessary documents with bond counsel.


On motion of Hobart/Tourtelotte, the Board voted 4 – 0 as follows:


That under and pursuant to Title 30-A, Section 5772 of the Maine Revised Statutes, as amended and supplemented, there be and hereby is authorized the issuance and sale of up to $400,000 principal amount of 2012 General Obligation Bonds, (the “Bonds”) of the Town of Bowdoinham, Maine (the “Town”) to fund the costs of the paving, reconstruction and maintenance of Town roads and purchase of public works equipment as approved by the voters at the June 13, 2012 Annual Town Meeting; and


The Bonds shall be signed by the Treasurer and countersigned by the Chair of the Select Board, shall bear interest at the rate of 3.09% per annum, shall be payable at Androscoggin Bank in Lewiston, Maine, and otherwise be in such forms and bear such details as the signers may determine; and


That the Bonds are hereby sold and awarded to Androscoggin Bank pursuant to the terms of its offer to purchase dated September 6, 2012; and


That all things heretofore done and all actions heretofore taken by the Town, its officers and agents in the authorization of said Bonds is hereby ratified, approved and confirmed and the Treasurer and Chair are each hereby authorized to take any and all action necessary or convenient to carry out the provisions of this voting, including delivering said Bonds against payment therefore.


B.   Act on 2012 Paving Bid Award


The Manager stated that the paving bids were due and opened on Monday, September 10th at 2:00 p.m. The apparent low bidder was Harry C. Crooker & Sons, Inc. of Topsham with a bid price of $71.00 per ton for asphalt, $1.41 per yard of grinding, $148 per ton of handwork, $6.72 per yard for milling, $17.71 per gallon of tack coat and $47.54 per square for butt joints.  The total estimated cost for the contracted portion of the Millay Road project is $228,622.16. The Manager recommended awarding the project to Harry C. Crooker, Inc. for the prices quoted.


On motion of Tourtelotte/Turgeon, the Board voted 4 – 0 to award the 2012 Paving Bid to Harry C. Crooker, Inc for the bid prices of $71.00 per ton for asphalt, $1.41 per yard of grinding, $148 per ton of handwork, $6.72 per yard for milling, $17.71 per gallon of tack coat and $47.54 per square for butt joints.

C.  Act on Job Description for Recreation Director


The Manager stated that he developed a job description for the Recreation Director position with the assistance of Brooke Cox and presented it for the Board to review.


Board member Turgeon asked about some language in the job description and whether the person would be working with the elderly. The Manager stated that language in the job description is written in such a manner that the position would provide recreational activities for all residents in Town, regardless of age, depending on what the needs are in the coming years.  Turgeon stated that she finds it hard that the person in this position would be able to work with the elderly.


On motion of Tourtelotte/Turgeon, the Board voted 4 – 0 to approve the job description for the Recreation Director position.


  1. Act on Acceptance of Dan Billings’ Resignation from Finance Advisory Committee


The Manager stated that Dan Billings submitted his resignation from the Finance Advisory Committee due to his appointment as a judge to the District Court.


On motion of Tourtelotte/Tome, the Board voted 4 – 0 to accept Dan Billings’ resignation from the Finance Advisory Committee with appreciation for his service.


  1. Act on Appointment of George Christopher to Finance Advisory Committee


The Manager stated that George Christopher, the alternate on the Finance Advisory Committee would like to be appointed to the recent vacancy. The term expires June 30, 2013.


On motion of Tome/Turgeon, the Board voted 4 – 0 to appoint George Christopher to the Finance Advisory Committee for a term expiring June 30, 2013.


  1. Act on Maine Municipal Association’s Voting Delegate Credentials for Annual Meeting


On motion of Tome/Turgeon, the Board voted 4 – 0 to appoint William Post as the voting delegate for the Town at MMA’s Annual Meeting.


6.         Town Manager’s Report


The Manager stated that the painter will begin working on Town Hall after Celebrate Bowdoinham because the paint chips created when scraping the building will make a mess around the building.


The Manager will be interviewing candidates for the Recreation Director position on Wednesday with the current Recreation Director.


The Manager reminded the Board of a ribbon cutting ceremony at the Long Branch blacksmith workshop on Wednesday at 5:00 p.m.


7.         Selectperson’s Requests for Agenda Items for Next Meeting – None


8.         Announce Future Meetings, Workshops, Events


A.  Select Board Meetings

1.  September 25th – Regular Meeting

2.  October 9th – Regular Meeting

            B.   Community Development Advisory Committee Meeting – September 20th, 6:30 p.m. Coombs Building

            C.  Celebrate Bowdoinham – September 14th – 16th


9.         Comments from Select Board Members


            Select Board member Tome stated that she met with employees at FHC about the food pantry. FHC runs a stop gap program and respond when needed with assistance. Their advice was to not work alone on the project and she was given names of some people that may help.  


            Select Board member Turgeon was approached by a citizen about going to Richmond on a Saturday night and noticing all of the activity around the town with pubs and restaurants. The resident thought it would be nice to have similar activity in Bowdoinham. Turgeon found out that one impediment to this is that Bowdoinham is a “dry” town, meaning alcohol cannot be served at restaurants.


            Chair Hobart was amazed that the Town is “dry” and stated that this issue could be referred to the Community Development Advisory Committee. The Manager stated that it could be refereed to the committee, or he could research the issue and bring back to the Board.  The Board agreed by consensus to have the manager research this issue and bring it back to the Board. 


            Select Board member Turgeon stated that the aging report mentioned a staff person was needed to handle aging issues and the Manager stated at the last meeting that this was not common in towns of Bowdoinham’s size. She stated that this may need to be looked at in the future. A meeting to review the report with the author is scheduled for September 28th at 3:00 p.m. at the Coombs Building. The idea for the meeting is to discuss the report and discuss what the aging committee should be working on.


10.       Comments from the Public


            Nora Bishop thanked the Board for accepting Angus King’s letter to the Town.


            George Christopher asked if the auditors were finished yet and what the undesignated fund balance is at the end of the last fiscal year. The Manager stated that he has not finished reviewing the auditors draft figures yet, so he does not want to state what the undesignated fund balance is at this point.


11.       Adjourn


            The meeting adjourned by acclimation at 7:06 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