2008-04-29 Select Board Meeting Minutes

Town of Bowdoinham
Minutes of Select Board Meeting
April 29, 2008


Residents present: Dan Billings, Dotty Baker, Mike Davis, Anne Davis

Non Residents present: Nicole Briand, Town Planner/CEO

Item 1: Call the meeting to order – With Chair Dorr absent due to illness, Selectperson Ciembroniewicz filled the position of Chair. The meeting was called to order at 5:30 pm by Acting Chair Ciembroniewicz. Selectperson Whittlesey and Acting Chair Ciembroniewicz were in attendance.

Item 2: Consideration of the minutes from April 8, 2008 meeting – The Board reviewed the minutes. Selectperson Whittlesey moved to approve the minutes, seconded by Acting Chair Ciembroniewicz. The vote was 2-0 in favor.

Item 3: Comments from the Public – There were no comments from the public.

Item 4: New Business

A. Growth Ordinance Discussion –Dan Billings was in attendance to request that the Board repeal or amend the 2002 Growth Ordinance. He recommended that if not repealed, the ordinance should be amended to provide for a sunset provision effective June 2009 allowing for time for the Land Use Group to continue its ordinance work in time for the 2009 Town Meeting. Mr. Billings stated that the ordinance was enacted in 2002 as a response to an inadequate subdivision ordinance and that the justification for the ordinance went away at the 2007 town meeting when the town adopted the new Subdivision Ordinance. He further stated that growth restriction ordinances are not favored by the State and that they are not to take the place of zoning ordinances. Without a sunset provision, it is unclear if this ordinance will be in effect when the new ordinances are brought forth to the town for adoption. If the Growth Ordinance is in effect, Mr. Billings maintains that it will have an effect on the way that he views the proposed ordinances. Ms. Briand stated that this is an ordinance that the Land Use Group was going to review in its ongoing work. Ms. Briand reported that the Land Use Group expressed a desire at its last meeting to readopt the Growth Ordinance however, as she understands it, the Growth Ordinance does not need to be readopted as there is no ending time attached to it. In other words, the Growth Ordinance is still in effect until or unless the town repeals it. The Ordinance, as stated, needs to be reviewed and updated every three years. Lacking attendance from members of the Land Use Group, the Board scheduled a meeting for May 6th with the Land Use Group and Mr. Billings for further discussion.

B. Proposed Land Use Ordinances – Nicole Briand – Discussion of the proposed land use ordinances was tabled to May 6th meeting.

C. Failed Septic System– Map R06 Lot 005 – Nicole Briand, Mike & Ann Davis - Nicole Briand, CEO reported that the Mike & Ann Davis’ septic system was in need of replacement. The Davis’ are aware of the problem and want to replace the system however conventional financing is not an option. Ms. Briand summarized the options available to the Board including authorizing her to complete an inspection, issue and serve an order of correction, and require that the problem is remedied within 10 (ten) days. If the Davis’ are not able to comply with the correction order within the time period, the Town may step in, replace the septic system and enter into an agreement with the Davis’ regarding repayment. Selectperson Whittlesey moved to authorize the CEO to conduct an inspection of the septic system at 101 White Road (Map R06, Lot 005) and issue and serve an order of correction to replace the system within a 10 day period, seconded by Acting Chair Ciembroniewicz. The vote was 2-0 in favor.

D. Annual Report Dedication – Acting Chair Ciembroniewicz stated that he would prefer that the report be dedicated to someone living and not deceased. The Board reviewed potential candidates and agreed on one top candidate pending further consideration. Selectperson Whittlesey will research further and report back to the Board.

E. Transportation Vision Statement - The Board reviewed the Transportation Vision Statement.
Selectperson Whittlesey moved to adopt the Transportation Vision Statement, seconded by Acting Chair Ciembroniewicz. The vote was 2-0 in favor.

F. Review of Annual Town Meeting Warrant – The Board reviewed the Warrant Articles (minus the land use ordinances scheduled for review on May 6th).

Item 5: Town Manager’s Report

A. Quit Claim Deed – Map R02 Lot 037- The Manager reported that a home had gone into foreclosure and that the town had learned that Bank of America had a mortgage interest on the home. The Bank had been late responding to the Town’s Notice of Foreclosure but was now interested in purchasing via Quit Claim Deed. The Town had administrative and legal costs associated with the foreclosure and the Quit Claim Deed. The Board recommended that the Manager ask for back taxes plus fair and reasonable costs from the bank in exchange for the Quit Claim Deed.

B. Old Fire Station Update – The Town Manager reported that the boat that had been stored at the station has been removed.

C. New Online Newsletter – The Town Manager announced that she will be writing a monthly online newsletter beginning in May on municipal news.

Item 6: Selectperson’s Request for Agenda Items for next meeting (May 6, 2008) – Ordinance
May 20, 2008 – Community & Economic Development Director

Item 7: Consent Items

A. Approval of SAD75 Warrant & Notice of Election – The Board executed the SAD 75 Warrant and Notice of Election.

Item 8: Consideration of Treasurer’s Warrants #41, #42, #43 - The Board reviewed the Treasurer’s Warrants.
Selectperson Whittlesey moved to approve Warrant #41, seconded by Acting Chair Ciembroniewicz. The motion was 2-0 in favor.
Selectperson Whittlesey moved to approve Warrant #42, seconded by Acting Chair Ciembroniewicz. The motion was 2-0 in favor.
Selectperson Whittlesey moved to approve Warrant #43, seconded by Acting Chair Ciembroniewicz. The motion was 2-0 in favor.

Item 9: Executive Session pursuant to 1 M.R.S.A. § 405(6)(A) to discuss the contract of the Town Manager.- Tabled to May 6, 2008 meeting.

Item 10: Announce Future Meetings, Workshops, Events

· April 23 @ 6:30 pm – Solid Waste Study Committee
· May 2 @ 6:00 pm – Bowdoinham Community School Laptop Auction featuring Auctioneer Dorr
· May 13 @ 5:30 pm – Select Board Meeting
· May 13 @ 7:00 pm – Public Hearing – Town Meeting Warrant Articles
· May 17 @ 9:00 am – Library Plant Sale
· May 27 @ 5:30 pm – Select Board Meeting
· June 7 @ 2:00 pm – SAD District Budget vote
· June 10 – Election Day!
· June 11 @ 7:00 pm – Town Meeting 7:00 pm

Item 11: Adjournment – Acting Chair Ciembroniewicz adjourned the meeting at 9:10 pm.