2009-03-10 Select Board Meeting Minutes


Town of Bowdoinham
Minutes of Select Board Meeting
March 10, 2009


Residents Present: Dan Billings, Paul Baines, Dotty Baker, Bryan Benson, George Christopher, Marshall Dunn, David Berry and Kathy Durgin-Leighton

Non-resident: Kevin Prout

Item 1: Call the meeting to order – Chair Ciembroniewicz called the meeting to order at 6:30 pm. All members were present – Chair Ciembroniewicz, Selectperson Dorr, and Selectperson Whittlesey

Item 2: Consideration of the minutes from February 10, 2009 & March 3, 2009 meeting - The Board reviewed the minutes. Selectperson Whittlesey moved to accept the minutes of February 10, 2009, seconded by Selectperson Dorr. The vote was 2-0 in favor. Selectperson Dorr moved to accept the minutes of March 3, 2009, seconded by 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

1. Consideration to appoint a committee to examine the issue of spreading sewage sludge on agricultural lands in Bowdoinham

Selectperson Whittlesey moved that the Select Board request the Town Manager to constitute an Ad Hoc Study Committee to examine the issue of spreading sewage sludge on agricultural lands in Bowdoinham. The Committee should be composed of no more than 5 members representing as broad a range of perspectives on the issue as possible. The mandate of the committee should be to review all aspects of the issue and to report back to the Select Board. The report will:

a) identify the key points of controversy related to the spreading of sewage sludge on agricultural lands;
b) expose the relevant arguments on each point;
c) examine the existing legal framework governing the spreading of sewage sludge;
d) provide multiple options for possible courses of action by the Select Board; and
e) make recommendations for action by the Select Board.

The Ad Hoc Committee should be convened as soon as possible, and report back to the Select Board no later than 21 April 2009. If resources are required for technical or legal expertise to assist the Committee in its work, it should make such a recommendation to the Select Board through the Town Manger, seconded by Selectperson Dorr.

Discussion – Selectperson Dorr stated that he was concerned about the timeframe in the motion and suggested that there would not be enough time for a committee to complete the tasks assigned to it. Mr. Christopher asked if he could speak to the motion. With permission granted, Mr. Christopher shared with the Board a conference that was being held in July in Baltimore, Maryland called “Microconstituents and Industrial Water Quality 2009” co-sponsored by the Chesapeake Water Environment Association. He suggested that the conference may offer valuable information to a study committee. Mr. Christopher then read a position paper stating his objections to such a study committee. Mr. Billings suggested that the first item of business for the study committee should be to determine the Town’s legal standing for enacting an ordinance warning against putting too much time and money into an ordinance that may be subject to challenges. Chair Ciembroniewicz stated that the question of sludge spreading on agricultural land had been before the Select Board and it was his understanding that towns were extremely limited in what they could do. He further stated that for further study to occur, it did not need to be in the context of a Select Board appointed committee. Selectperson Dorr suggested that an appointed committee gives formality and provides a useful tool to the Select Board. Selectperson Whittlesey stressed that his motion was not intended to ban sludge spreading. Selectperson Dorr withdrew his motion to second Selectperson Whittlesey’s motion in order that Selectperson Whittlesey could amend his motion. Selectperson Whittlesey amended his motion for the ad hoc committee to study item c before all other work: examine the existing legal framework governing the spreading of sewage sludge to item a and to change the timeframe of the committee to report back to the Select Board to “no later than 8 September 2009 or the first Select Board meeting in September 2009. Seconded by Selectperson Dorr. The vote was 2-1 in favor (Whittlesey/Dorr – Ciembroniewicz)

2. Discussion on Recycling facility lease and expenditures – David Berry, Solid Waste Director and owner of the Recycling Barn addressed the Select Board regarding the needed structural improvements to the Barn that are necessary to increase the floor load ratings of the second and third floor. The Barn was inspected by Calderwood Engineering and as a result, it was learned that the third floor did not meet the code requirements for the load implied by the current activity (loading the truck of recyclables). Mr. Berry stated that it was not his responsibility as owner to make additions or improvements to the structure. The Lease Agreement states Item 5. “Alterations, Additions and Improvements: The LESSEE shall have the right to make alterations, additions, and improvements in and on premises, provided such alterations are carried out in a workmanlike manner. All alterations, additions and improvements shall become part of the real estate except LESSEE shall have the right to remove any municipal equipment and other fixtures from the premises at the termination of the lease.” Attorney Dan Billings pointed out that the clause didn’t actually “require” that the Town make additions and improvements and Selectperson Ciembroniewicz agreed with Mr. Billing’s interpretation of the language. Mr. Berry further stated that the alterations were not needed in 1989 and that he believes that it is a result of a change in the attitude of regulators. Selectperson Whittlesey asked about the lifespan of the Barn, if it was able to serve its current purpose as well as the Town’s future needs. Selectperson Dorr moved to proceed with the work to increase the load rating on the second and third floor and for the Town to pay for the cost estimated to be $2,600, seconded by Selectperson Whittlesey. The vote was 3-0 in favor.

3. Discussion on condition of Route 24 – The Board discussed the present condition of Route 24 and agreed to invite a representative of MDOT to a future Select Board meeting to discuss MDOT’s plans for the road. The Board also extended its invitation to Representative Berry and Senator Goodall.

4. Adoption of (revised) GA Ordinance Appendixes B for the period of April 1, 2009- September 1, 2009 as a result of the Stimulus Bill – The Board reviewed and approved the proposed changes.

Item 5: Old Business – Chair Ciembroniewicz stated that at the last meeting (March 10, 2009) it had been an oversight to allow a nonresident to speak at length without providing a benefit to town.

Item 6: Town Manager’s Report

1. Certification of Notice dated February 11, 2009 by Nicole Briand, CEO/Planner for proposed Shoreland Ordinance – The Board reviewed and signed the Certification of Notice for the proposed Shoreland Ordinance
2. Certification of Notice dated February 27, 2009 by Nicole Briand, CEO/Planner for proposed Land use Ordinance, Timber Harvesting Ordinance – The Board reviewed and signed the Certification of Notice for the Land Use and Timber Harvesting Ordinance.

Item 7: Consent Items – There were no consent items.

Item 8: Selectperson’s Request for Agenda Items for next meeting (March 24, 2009) – Route 24, update from LUPC

Item 9: Consideration of Treasurer’s Warrant #28 – The Board reviewed the Treasurer’s Warrant. Selectperson Dorr moved to approve the Warrant, seconded by Selectperson Whittlesey. The vote was 3-0 in favor.

Item 10: Announce Future Meetings, Workshops, Events

• March 12, 2009 @ 6:30 pm – Finance Advisory Meeting
• March 24, 2009 @ 6:30 pm – Regular Select Board Meeting
• March 26, 2009 @ 6:30 pm – Finance Advisory Meeting

Item 11: Adjournment – Chair Ciembroniewicz moved to adjourn the meeting at 9:20 pm