2009-04-07 Select Board Meeting Minutes

Town of Bowdoinham
Select Board Meeting Minutes
April 7, 2009

Residents in attendance: George Christopher, Dotty Baker, Shimon Horowitz, Dan Billings, Brad Foley, Tom Foote, and Kathy Durgin-Leighton
Non residents: Nicole Briand, Town Planner, Kevin Prout, Public Works Director, Rhonda Fletcher, MDOT, Dwayne Scott, MDOT

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

Item 2: Consideration of the minutes from March 10, 2009 and March 24, 2009 meetings. The Board reviewed the minutes. Selectperson Whittlesey moved to approve the minutes of March 10, 2009, seconded by Selectperson Dorr. The vote was 3-0 in favor. Selectperson Dorr moved to approve the minutes of March 24, 2009, seconded by Selectperson Whittlesey. The vote was 3-0 in favor.

Item 3: Comments from the Public – Moved to after New Business

Item 4: New Business

A. Discussion with MDOT regarding condition of Route 24 – Brad Foley and Rhonda Fletcher, representatives from the Maine Department of Transportation were in attendance to discuss the current condition of Route 24. Ms. Fletcher reported that the MDOT plans to do culvert work and ditching in preparation for a “skinny mix” the following year, depending on the availability of funds. She stated that maintaining the roads uses 100% state funds while reconstruction is federally funded. Also, a federally funded project must have a 15+ year lifespan.
Dwayne Scott, a representative from the Bureau of Planning who works on state wide multimodal planning, briefed the Board on his role. He stated that the State has a 2 year plan, 6 year plan and 20+ year plan for road construction. Selectperson Dorr asked if there was a plan in which Route 24 was included. Mr. Scott stated that Route 24 was not included in either the 2 or 6 year plan. Mr. Scott stated that it was important for the town to work with its regional planning group as well as other area towns in order to get its transportation needs included in the MDOT’s plans. He also reported that in FY08/09, the State was already $200-300 million behind in its funding for road construction and though the State received $100 million in federal stimulus funding, it was still $100-200 million behind. Therefore, each year there is an accumulating shortfall in funding. Mr. Scott recommended that if the Town wanted a road project funded such as Route 24, the Town needs to repeatedly contact MDOT with its request.

B. Discussion with Ben Dobson & Shimon Horowitz regarding request to discontinue Carrot House Road as a town road. Shimon Horowitz, of Atlantic Organics, presented a letter to the Board from Paul Vose requesting that Carrot House Road be discontinued without public easement. Mr. Vose owns the land on both sides of Carrot House Road and leases the land to Atlantic Organics. By discontinuing the road, Mr. Vose’s lot size will increase and allow for further expansion of Atlantic Organics. There are no other landowners on the road; the road is approximately .10 mile in length. The road is not maintained by the Town as it is not used by the public. According to the Manager, both the Fire Chief and Road Commissioner do not have any concerns with the road being discontinued. Selectperson Dorr moved to place the discontinuance of Carrot House Road on the June 10th Annual Town Meeting warrant, seconded by Selectperson Whittlesey. The vote was 3-0 in favor.

C. Update on Junkyard Violation located at 791 White Road – Nicole Briand, CEO – Ms. Briand updated the Board on the status of the Junkyard Violation located at 791 White Road. The deadline to remove the demolition from the site was March 31. According to the Court, the Town may now remove the debris and return to Court to recoup the costs. The Board reviewed different cleanup options including hiring a private contractor for use of trucks and an excavator to assist the Public Works Department in the clean up. Selectperson Whittlesey moved to request that the Town Manager make necessary arrangements for the removal of the debris and to return to the court to recoup the cleanup costs, seconded by Selectperson Dorr. The vote was 3-0 in favor.

D. Town Planner Report – Nicole Briand – Ms. Briand reported that the Land Use Planning Committee is completing its work on the land use ordinances in preparation for the town meeting. The LUPC is proposing that two separate articles be placed on the warrant; Land Use and Districting. Selectperson Dorr asked what would happen if the Shoreland Zoning Ordinance did not pass. Ms. Briand stated that the deadline imposed by the State to adopt a revised Shoreland Ordinance is July 1, 2009. After July 1, if a revised ordinance is not passed, the town must adopt the State’s standards or create another ordinance for adoption at a Special Town Meeting.

Item 4: Comments from the Public – Dan Billings, Bowdoinham resident stated that as a citizen who has followed the Land Use Planning Committee process, it is his belief that there has been a fundamental breakdown in the process. He stated that at the first Public Hearing on the proposed ordinance he specifically asked if there were any changes in the shoreland zoning map. He was told at the hearing that there were no changes from the current map. According to Mr. Billings, what he learned later was the map available at the public hearing was not the final map as proposed by the LUPC. Therefore, though there were no further changes to the final LUPC shoreland map, the map available to the public at the hearing had been changed. When Mr. Billings asked if there were changes to the map he was referring to the map shown at the public hearing however the LUPC was referring to its final map. Mr. Billings also stated that after speaking to a number of members on the committee, he has received varying interpretations of the ordinances and their intentions. Mr. Billings suggested that since there are differing interpretations of the ordinances among the committee members and that the process has been flawed, that the ordinances not be placed on the town meeting warrant. He further stated that it was his opinion that the committee should continue its work to resolve the issues as opposed to presenting a flawed ordinance to town meeting.

Tom Foote, Post Road resident stated that he too had been paying close attention to the ordinance and was concerned with the proposed changes to the timber harvesting ordinance.

Item 5: Old Business

A. Appointments to Ad Hoc Committee to examine the issue of spreading sewage sludge on agricultural lands – The Manager announced that six residents had expressed interest in serving on the Ad Hoc Study Committee. The Study Committee, as established by the Select Board, is made up of five residents. The Board will review the resumes and letters of interest as provided by the candidates and will discuss at its April 28th meeting.

Item 6: Town Manager’s Report

A. M.W.Sewall bankruptcy – The Manager reported that though M.W. Sewall had entered into Chapter 11 bankruptcy, it intended to honor its FY10 contract with the Town.

B. Level of Service Survey – The Manager presented to the Board a Level of Service Survey that she is recommending for inclusion in the next Bowdoinham News. The Board reviewed the survey, made a few changes and agreed to its inclusion.

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

Item 8: Selectperson’s Request for Agenda Items for next meeting (April 28, 2009) – LUPC update and Appointments to Sludge Study Committee

Item 9: Consideration of Treasurer’s Warrant #30 – The Board reviewed Treasurer’s Warrant #30. Selectperson Dorr moved to approve Warrant #30, seconded by Selectperson Whittlesey. The vote was 3-0 in favor.

Item 10: Executive Session pursuant to 1 M.R.S.A. § 405(6)(C) to discuss the acquisition of real property or economic development – Selectperson Whittlesey moved to enter into executive session pursuant to 1 M.R.S.A. § 405(6)(C), seconded by Selectperson Dorr. The vote was 3-0 in favor. Selectperson Whittlesey moved to exit from executive session pursuant to 1 M.R.S.A. § 405(6)(C), seconded by Selectperson Dorr. The vote was 3-0 in favor.

Item 11: Announce Future Meetings, Workshops, Events

• April 9, 2009 @ 6:30 pm – Finance Advisory Meeting
• April 29, 2009 @ 6:00 pm – Public Hearing on Replacing Harward Bridge with RR crossing
• April 30, 2009 @ 6:30 pm – I-295 Closing Informational Session -(MDOT)

Item 12: Adjourn – Chair Ciembroniewicz adjourned the meeting at 10 pm.