2009 Annual Town Meeting Warrant

 

TOWN OF BOWDOINHAM
SELECTPERSONS’ TOWN MEETING WARRANT
 
Sagadahoc, ss                                                                                                  State of Maine
 
To: Pamela Ross, a resident of the Town of Bowdoinham, in said County of Sagadahoc, State of Maine
 
GREETINGS:  In the name of the State of Maine, you are hereby required to notify and warn the voters of the Town of Bowdoinham, in said County, qualified to vote in Town affairs, to assemble at the Bowdoinham Community School on Wednesday, June 10, 2009 at 7:00 p.m. then and there to act upon Articles 1 through RV1 of this warrant.
 
ARTICLE 1:  To choose a moderator to preside at said meeting.
 
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ORDINANCES
 
 
ARTICLE O1: Shall an Ordinance entitled Town of Bowdoinham Land Use Ordinance (which shall repeal and supersede the following existing ordinances: Land Use Regulation & Shoreland Zoning; Shoreland Zoning; Building Permit; Floodplain Management; Mobile Homes and House Trailers; Multi-Family Dwellings; Residential Growth Ordinance; Site Plan Review; Board of Appeals; and Subdivision) be enacted? (An attested true copy of the full text of this ordinance is available from the office of the town clerk and will be available at the Open Town Meeting.)
 
 
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TAX INCREMENT FINANCING
 
ARTICLE T1: To see if the Town will appropriate a sum not to exceed $72,114 from the Tax Increment Financing District (TIF) for Economic and Community Development.
 
RECOMMENDATION: Selectpersons & Finance Advisory Committee recommend the article to pass.
 
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CAPITAL IMPROVEMENT, RESERVE ACCOUNT & FUND BALANCE ARTICLES
 
 
ARTICLEC1: To see if the Town will vote to approve the transfer of up to $78,000 from the Undesignated Fund Balance to the FY2009 budget revenues and appropriate the sameto pay off the loan approved in April 2006 to replace the Carding Machine Road Bridge.
 
RECOMMENDATION: Selectpersons & Finance Advisory Committee recommend the article to pass.
 
Explanation: On April 5, 2006 at a Special Town Meeting the Town approved the expenditure of $110,000 to replace the Carding Machine Road Bridge. The interest rate on the loan is 5.05% with approximately $77,000 left in principal to pay off the loan. The loan is due to mature in the year 2016.
 
 
ARTICLE C2: To see if the Town will vote to approve the transfer of up to $76,000 from the Undesignated Fund Balance to the FY2009 budget revenues and appropriate the same to pay off the loan approved in June 2007 to purchase public works vehicles and/or equipment.
 
RECOMMENDATION: Selectpersons & Finance Advisory Committee recommend the article to pass.
 
Explanation: On June 13, 2007 at the Annual Town Meeting, the Town approved the expenditure of $125,000 to purchase public works vehicles and/or equipment. The interest rate on the loan is 4.60% with approximately $75,000 left in principal to pay off the loan. The loan is due to mature in the year 2012.
 
ARTICLE C3: To see if the Town will vote to authorize the Board of Selectmen to transfer up to $25,000 from the Undesignated Fund Balance to the FY2010 budget revenues and appropriate the same for emergency/contingency use purposes only; and furthermore, to require that the Board of Selectmen submit to the Town at the following Annual Town Meeting a report on the use of such funds.
 
RECOMMENDATION: Selectpersons & Finance Advisory Committee recommend the article to pass.
 
Explanation: The Town currently does not have funds built into its budget to address expenditures that may arise from an emergency situation(s). It is the belief of the Finance Advisory Committee and Select Board that raising funds from taxation for an emergency situation that may not occur during the course of the year is not financially prudent. Scheduling a Special Town Meeting for authorization to expend funds for an emergency situation is not always practical i.e. the furnace failing at the town office. Approval of this article will make funds available to address such emergencies without impacting the tax rate.
 
ARTICLE C4: To see if the Town will authorize the issuance of general obligation securities in an amount not to exceed $350,029 to be used as the Town’s share to match a grant of $535,000 from the Maine DOT Quality Community Programs for the engineering and construction of sidewalks with the dates, maturities, denominations, interest rates, place of payment, form and other details of securities and of providing the sale of the securities to be determined by the Selectmen in the best interests of the town.
 
TREASURER’S FINANCIAL STATEMENT (If ARTICLES C1 & C2 ARE PASSED)
 
1.         Total Indebtedness
            A. Bonds outstanding and unpaid                                    $501,818
            B. Bonds authorized and un-issued:                                $          0
            C. Bonds to be issued if this Article is approved             $350,029
 
2.         Costs
            At an estimated interest rate of 3.83% for a ten (10) year maturity, the estimated costs of this       bond issue will be:
 
            Principal:                                                                       $350,029
            Interest:                                                                        $  77,463
            Total Debt Service:                                                        $851,847
 
3.         Validity
            The validity of the bonds and of the voters’ ratification of the bonds may not be affected by any    errors in the above estimates. If the actual amount of the total debt service for the bond issue            varies from the estimate, the ratification by the electors is nevertheless conclusive and the     validity of the bond issue is not affected by reason of the variance.
 
 
___________________________________
Kathryn Durgin-Leighton
Treasurer, Town of Bowdoinham
 
RECOMMENDATION: Selectpersons & Finance Advisory Committee recommend the article to pass.
 
Explanation: The Town received a $535,000 grant from the Maine DOT Quality Community Programs for the engineering and construction of sidewalks in the village (see attached map). The grant calls for $350,029 in matching cash funds and $31,000 in in-kind contributions resulting in town land being used at the Waterfront Park, Town Hall, etc.
 
 
ARTICLE C5: To see if the Town will authorize the issuance of general obligation securities in an amount not to exceed $300,000 for the paving, reconstruction and maintenance of town roads with the dates, maturities, denominations, interest rates, place of payment, form and other details of securities and of providing the sale of the securities to be determined by the Selectmen in the best interests of the Town.
 
TREASURER’S FINANCIAL STATEMENT (If C1, C2, & C4 ARE PASSED)
 
1.         Total Indebtedness
            A. Bonds outstanding and unpaid                                    $851,847
            B. Bonds authorized and un-issued:                                $350,029        
            C. Bonds to be issued if this Article is approved             $300,000
 
2.         Costs
            At an estimated interest rate of 3.83% for a ten (10) year maturity, the estimated costs of this       bond issue will be:
 
            Principal:                                                                       $300,000
            Interest:                                                                        $  67,500
            Total Debt Service:                                                        $1,151,847
 
3.         Validity
            The validity of the bonds and of the voters’ ratification of the bonds may not be affected by any    errors in the above estimates. If the actual amount of the total debt service for the bond issue            varies from the estimate, the ratification by the electors is nevertheless conclusive and the     validity of the bond issue is not affected by reason of the variance.
 
 
___________________________________
Kathryn Durgin-Leighton
Treasurer, Town of Bowdoinham
 
 
RECOMMENDATION: Selectpersons & Finance Advisory Committee recommend the article to pass.
 
Explanation: This article is for the reconstruction and/or paving of Center Street, Cemetery Road, a portion of the Brown’s Point Road, School Street and Spring Street. The total cost of these projects is expected to be $390,000. The amount to be borrowed under this article would be combined with $90,000 included in the Public Works operating budget so that the total amount needed to complete the projects would be available. This article also reflects a $24,000 savings on the cost of reconstructing Center Street should Article C4 pass (The cost of some culverts, equipment and curbing is included as an allowable expense for the construction of sidewalks on Center Street.)
 
 
ARTICLE C6: To see if the Town will authorize the issuance of general obligation securities in an amount not to exceed $225,000 for the purchase, permitting, site engineering and site preparation of approximately 7.25 acres of land referenced in the Town of Bowdoinham tax map as Lot A of parcel Map U7, Lot 05 to be used for Public Works purposes.  
 
TREASURER’S FINANCIAL STATEMENT (If C1, C2, C4 & C5 ARE PASSED)
 
 
1.         Total Indebtedness
            A. Bonds outstanding and unpaid                                    $1,151,847
            B. Bonds authorized and un-issued:                                $ 680,029       
            C. Bonds to be issued if this Article is approved             $ 225,000
 
2.         Costs
            At an estimated interest rate of 3.83% for a ten (10) year maturity, the estimated costs of this       bond issue will be:
 
            Principal:                                                                       $225,000
            Interest:                                                                        $  47,425
            Total Debt Service:                                                        $1,376,847
 
3.         Validity
            The validity of the bonds and of the voters’ ratification of the bonds may not be affected by any    errors in the above estimates. If the actual amount of the total debt service for the bond issue            varies from the estimate, the ratification by the electors is nevertheless conclusive and the     validity of the bond issue is not affected by reason of the variance.
 
 
___________________________________
Kathryn Durgin-Leighton
Treasurer, Town of Bowdoinham
 
 
RECOMMENDATION: Selectpersons & Finance Advisory Committee recommend the article to pass.
 
Explanation: The Town has entered into a contract (pending town meeting approval) to purchase approximately 7.25 acres of land located at the corner of Route 125 and Route 138 for capital project that includes moving the Public Works Department from its present location at the waterfront area across from Mailly Waterfront Park. Building construction costs are not included in this article.
 
 
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EXPENSE BUDGET ARTICLES
 
(All recommendations for the Expense Budget Articles are joint recommendations of the Board of Selectpersons and the Finance Advisory Committee.)
 
ARTICLE EX1: To see what sum of money the Town will vote to raise and/or appropriate for the Administrative Budget.
 
                           RECOMMENDATION:   $145,277
 
ARTICLE EX2: To see what sum of money the Town will vote to raise and/or appropriate for the Personnel Services Budget.
 
                            RECOMMENDATION: $161,576
 
ARTICLE EX3: To see what sum of money the Town will vote to raise and/or appropriate for General Services Budget.
 
                            RECOMMENDATION:  $28,400
 
 ARTICLE EX4:  To see what sum of money the Town will vote to raise and/or appropriate for Debt Service Budget.
 
                            RECOMMENDATION: $81,154
 
ARTICLE EX5: To see what sum of money the Town will vote to raise and/or appropriate for the Fire Department Budget.
 
                           RECOMMENDATION: $70,252
 
ARTICLE EX6: To see what sum of money the Town will vote to raise and/or appropriate for the Town Maintenance Budget.
 
                           RECOMMENDATION: $81,590
 
ARTICLE EX7: To see what sum of money the Town will vote to raise and/or appropriate for the Animal Control Budget/Harbor Master Budget
 
                           RECOMMENDATION: $16,016
 
ARTICLE EX8: To see what sum of money the Town will vote to raise and/or appropriate for the Emergency Medical Service (EMS) Budget.
 
                         RECOMMENDATION:  $10,550
 
ARTICLE EX9:  To see what sum of money the Town will vote to raise and/or appropriate for the Public Works Department Budget.
 
                         RECOMMENDATION: $494,134
 
ARTICLE EX10:  To see what sum of money the Town will vote to raise and/or appropriate for the Recycling Department Budget.
 
                         RECOMMENDATION: $184,858
 
ARTICLE EX11: To see what sum of money the Town will vote to raise and/or appropriate for the Recreational Budget.
 
                           RECOMMENDATION: $49,887
 
ARTICLE EX12: To see what sum of money the Town will vote to raise and/or appropriate for the Planning/Code Enforcement Budget.
 
                         RECOMMENDATION: $68,941
ARTICLE EX13:  To see if the Town will vote to increase the property tax levy limit of $421,479 established for Bowdoinham by State law in the event the municipal budget approved under the preceding articles will result in a tax commitment that is greater than that property tax levy limit.
RECOMMENDATION: Selectpersons recommend the article to pass.
 
 
REVENUE BUDGET ARTICLE
 
ARTICLE RV1:  To see what sum of money the Town will vote to appropriate from the Non-Property Tax Revenue Budget for the articles approved in Articles EX1 through EX13 inclusive and Article C3, and the remainder to be raised by property taxes.
 
RECOMMENDATION:   Amount recommended to pass – $686,294
 
 
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BUSINESS ARTICLES
 
 
ARTICLE B1: To see if the town will vote to fix two dates when taxes on real estate and personal property shall be due and payable and after which interest shall accrue. 
 
RECOMMENDATION:
 First Installment:           Thursday, October 15, 2009
              Second Installment:      Thursday, April 15, 2010
 
ARTICLE B2: To see if the Town will set a rate of interest to be paid after the due dates on delinquent taxes.
 
RECOMMENDATION: Interest Rate: 9.0% - The maximum allowed per David L. Lemoine, Treasurer of State pursuant to 36 M.R.S. §505(4).
 
ARTICLE B3: To see if the Town will vote to establish the interest rate of 5% per year on the amount of overpayment to be paid to a taxpayer who is determined to have paid an amount of real estate or personal property taxes in excess of amount finally assessed pursuant to 36 M.R.S. §506-A.
 
RECOMMENDATION: Selectpersons recommend the article to pass.
 
ARTICLE B4: To see if the town will vote to authorize the Tax Collector to accept tax payments prior to the commitment of taxes. 
 
RECOMMENDATION: Selectpersons recommend the article to pass.
 
ARTICLE B5: To see if the Town will vote to close all Fiscal Year 2008/2009 overdrafts to surplus.
 
RECOMMENDATION: Selectpersons recommend the article to pass.
 
ARTICLE B6:  To see if the Town will authorize the Selectpersons and Treasurer, on behalf of the town to rent, sell, and/or dispose of any real estate acquired for non-payment of taxes thereon on such terms as they deem advisable and execute Municipal Quit Claim deeds for same. Also, to authorize the Selectpersons to keep any part or parcel thereof for municipal purposes and use.
 
RECOMMENDATION:  Selectpersons recommend the article to pass.
 
ARTICLE B7: To see if the Town will vote to authorize the municipal Treasurer to waive the foreclosure of a tax lien mortgage by recording a Waiver of Foreclosure at the Registry of Deeds in which the Tax Lien Certificate is recorded, prior to the right of redemption expiring, pursuant to 36 M.R.S. § 944.
 
RECOMMENDATION: Selectpersons recommend the article to pass.
 
ARTICLE B8: To see if the Town will vote to authorize the Selectpersons and Treasurer, on behalf of the Town to sell or dispose of obsolete Town equipment and material on such terms as they deem proper.
 
RECOMMENDATION: Selectpersons recommend the article to pass.
 
ARTICLE B9: To see if the Town will authorize the Selectpersons and Treasurer to borrow in anticipation of taxes pursuant to 30-A M.R.S. §5771.
 
RECOMMENDATION: Selectpersons recommend the article to pass.
 
ARTICLE B10: To see if the Town will authorize the Board of Selectpersons and Treasurer to enter into multi-year contracts necessary to provide services to the Town. 
 
RECOMMENDATION: Selectpersons recommend the article to pass. Services for the town include but are not limited to assessing, ambulance service, banking, road maintenance, snow removal, curbside recycling and rubbish disposal. 
 
ARTICLE B11: To see if the Town will authorize the Selectpersons and Treasurer to accept on behalf of the Town, monetary gifts, and to appropriate said gifts to supplement the accounts specified by the benefactor.
 
RECOMMENDATION: Selectpersons recommend the article to pass.
 
ARTICLE B12: To see if the Town will authorize the Selectpersons to collect Solid Waste Management User Fees for FY 2009/2010 at the rate of $2.50 per bag.
 
RECOMMENDATION: Selectpersons recommend the article to pass.
 
ARTICLE B13: To see if the Town will vote to approve the recommendations of the Selectmen to set the annual permit fee, pursuant to the provisions of 7.1.1 of the Solid Waste Management Ordinance, for commercial haulers operating within the Town of Bowdoinham. The Selectmen’s recommendation is for a $150.00 per year per truck fee for trucks with up to six (6) wheels; a fee of $250.00 per year per truck for trucks with more than six (6) wheels.
 
RECOMMENDATION: Selectpersons recommend the article to pass.
 
ARTICLE B14: To see if the Town will authorize the Selectpersons to close any road or roads or portions thereof for winter maintenance and to annul, alter, or modify such decisions, pursuant to 23 M.R.S. §2953, and that such orders made by the Selectpersons shall be a final determination.
 
RECOMMENDATION: Selectpersons recommend the article to pass.
 
ARTICLE B15: To see if the Town will vote to authorize the Selectpersons and Treasurer to accept and expend Community Development Block Grant Funds and other federal, state or private grants on behalf of the Town. 
 
RECOMMENDATION: Selectpersons recommend the article to pass.
 
ARTICLE B16: To see if the Town will vote to establish a Heating Assistance Program Reserve Account for Bowdoinham residents, such program requirements and eligibility levels to be determined by the Board of Selectmen, and to authorize the Board of Selectmen from this time forward to accept any donations, gifts or grants of money for said reserve account and to expend available funds from the account of such program for the designated purpose.
 
RECOMMENDATION: Selectpersons recommend the article to pass.
 
 
 
Signed this date: May 26, 2009
 
 
 
s/Stephen Ciembroniewicz, Chair
 
 
s/David Whittlesey, Selectperson
 
 
s/Wayne Dorr, Selectperson