2009-06-24 Select Board Meeting Minutes


Town of Bowdoinham
Minutes of Select Board Meeting
June 24, 2009

 

Residents: Stewart Burrell, Dotty Baker, Jen Foley, Brad Foley, Ben Long, Kathy Durgin-Leighton, Dan Billings, David Berry, Tony Cox, Seth Berry, and Bradley Meads

Non Residents: Nicole Briand, Members of Ducks Unlimited.

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

Item 2: Consideration of the minutes from June 2, 2009 meeting – The Board reviewed the minutes. Selectperson Whittlesey moved to accept the minutes as amended, seconded by Selectperson Hobart. The vote was 2-0 in favor. (1 abstain)

Item 3: Comments from the Public

1. Brad Foley, Chair of the Biking, Walking, Paddling Committee – Mr. Foley asked permission to speak on the sidewalk proposal that was defeated at town meeting. Mr. Foley expressed disappointment in the town meeting vote and stated that as an employee of the Maine Department of Transportation and Chair of the Biking, Walking, Paddling Committee he took it upon himself to ask MDOT how long the funding from MDOT was available to the town. MDOT indicated that it was committed to the $535,000 grant to the town of Bowdoinham and that the town’s match could be as little as 20% or $133,000. The original application could be amended as long as the sidewalks made significant connections ie. school, waterfront, or downtown. According to Mr. Foley, MDOT expressed a willingness to work with the town’s desires and finances. Mr. Foley further stated that it was the desire of the BWPC to petition the Select Board to bring another sidewalk proposal to a special town meeting by referendum in November. The proposal would be changed to reflect a smaller municipal match with a change in the scope and scale of the sidewalks and would take into consideration the comments received at town meeting. Dan Billings explained that the citizens who are working on the new proposal would benefit from town staff assistance and asked if the Select Board would grant permission for town staff to provide technical assistance. Selectperson Whittlesey asked about the funding timeframe. Mr. Foley explained that the funds from MDOT are federal funds and therefore are not available until after October 1st when the new federal fiscal year begins. Selectperson Hobart asked how many signatures were needed for the petition. Mr. Billings replied that 10% of voters who voted in the last gubernatorial election or approximately 151 signatures were needed. Chair Ciembroniewicz emphasized that this is a citizen initiative. Selectperson Hobart stated that he saw no problem with the town staff providing technical assistance with the proposal since the scope of the project and the amount of the municipal match had changed from the proposal voted down at town meeting. The Select Board agreed that the town staff could provide technical assistance to the Biking, Walking, Paddling Committee regarding an amended sidewalk proposal.

2. Representative Seth Berry was in attendance and reported that the Legislative Session had concluded and as required by law, the state budget was balanced thanks to the federal stimulus package that provided funds to education and human services. He stated that a tax reform package was passed which broadens the tax base giving more revenue to the state. He further stated that the tax reform package shifts some of the tax burden to out of state visitors and therefore Maine residents will be paying marginally fewer taxes. In regard to municipalities, the tax reform package should provide more tax base stability. Representative Berry cautioned the Board that the state’s economic forecast for the fiscal year 2011 looks very grim with a 70 million dollar deficit in education. He expressed concern with how this will impact public education as well as municipalities.

Item 4: New Business

a) Election of Select Board Chair – The Board discussed the election of the Chair. Selectperson Hobart moved to appoint Selectperson Whittlesey as Chair, seconded by Chair Ciembroniewicz. The vote was 3-0 in favor. The highly sought after gavel was handed to Chair Whittlesey with great fanfare!

b) Request to use Mailly Waterfront Park by Ducks Unlimited – Tony Cox, Community and Economic Development Director introduced members of the Maine Chapter of Ducks Unlimited to the Select Board. Mr. Cox explained that Ducks Unlimited had chosen Mailly Waterfront Park for its August 15th cookout and meeting and was seeking permission from the Board to use the Park. Members of Ducks Unlimited explained that Bowdoinham was chosen due to its proximity to Merrymeeting Bay and its rich duck hunting tradition. Advance tickets will be sold and no more than 100 people are expected to attend. Mr. Cox stated that if approved, a contract will be drafted outlining terms and conditions of the use of the Park. Selectperson Ciembroniewicz moved to approve the use of Mailly Park by the Maine Chapter of Ducks Unlimited, seconded by Selectperson Hobart. The vote was 3-0 in favor. A contract will be drafted for Board consideration at its July 15th meeting. Mr. Cox will also draft a park use policy for the Board to consider for future events.

c) CEO Update – Nicole Briand, CEO/Planner updated the Board on two cases that are reaching conclusion. The final inspection of the Ridge Road junkyard was conducted on June 15th and Ms. Briand reported that the cleanup was completed. The case is now considered closed. The Town Manager reported that the Town is receiving payment for the fees and fines established by the court and that the Town will continue to monitor for compliance. Ms. Briand reported that the Town completed the cleanup on the second case, the dangerous building located on the White Road. The final cost was $26,516.86. The town’s attorney has submitted the costs to the court and is awaiting approval from the court to assess a special tax on the property. Ms. Briand also reported that there is another property that may need Select Board action in July. A notice to clean up the property has been sent to the property owner.

d) LUPC Update – Nicole Briand, CEO/Planner. Ms. Briand reported that members of the LUPC met on June 11, the day after town meeting, to discuss its next steps. She reported that Todd Woofenden has stepped down from the LUPC and Planning Board. She further reported that the LUPC did not wish to continue its work with Districting without updating the Comprehensive Plan. She stated that Bowdoinham’s Comprehensive Plan is almost ten years old and should be updated every ten years. She estimated that the Comprehensive Plan work would take approximately two years to complete. Members of the LUPC would like to meet with the Board at its July 15th meeting to discuss its membership and to get a directive from the Board.

e) Consideration to renew contract with Mid-Maine Waste Action Corporation or enter into new contract with Pine Tree Waste, Inc. for trash disposal – David Berry, Solid Waste Manager. Mr. Berry reported that that the existing contract with Mid-Maine Waste Action Corporation was up for renewal on July 1st. He further stated that he contacted Pine Tree Waste, Inc. to see if they also wanted to submit a proposal for trash disposal. Pine Tree Waste’s proposal was significantly lower than Mid-Maine Waste’s proposal. Mid-Maine Waste offered three different options: 3 year contract starting at $76.50/ton, a five year option starting at $72.68.ton and a ten year option starting at $68.85/ton. Pine Tree Waste offered a proposal for three years starting at $68.50/ton. Each proposal included a CPI-U increase for subsequent years with a 3% cap (Pine Tree) or 4% cap (Mid-Maine Waste). The Board agreed to accept the Pine Tree Waste, Inc. proposal pending town attorney review of the contract.

f) Amendment to FY09 Tax Commitment – This item was tabled to the next meeting.

g) Planning Board Appointments – This item was tabled to the next meeting.

h) Setting Select Board meeting calendar – The Board agreed to change its meeting days from Tuesday to Wednesday. The next meeting is scheduled for July 15, 2009 at 6:30 pm.

i) Appointment of Officials:

a. Appointment of Clifford Daigle of Lisbon as Animal Control Officer for the term effective July 1, 2009 through June 30, 2010. Selectperson Hobart moved to appoint Clifford Daigle as Animal Control Officer, seconded by Selectperson Ciembroniewicz. The vote was 3-0 in favor.

b. Appointment of Nicole Briand of Richmond as Building Inspector, Codes Enforcement Officer, and Licensed Plumbing Inspector for the term effective July 1, 2009 through June 30, 2010. Selectperson Hobart moved to appoint Nicole Briand as Building Inspector, Codes Enforcement Officer and Licensed Plumbing Inspector, seconded by Selectperson Ciembroniewicz. The vote was 3-0 in favor.

c. Appointment of Gordon Johnson as Trustee of the Bowdoinham Water District effective July 1, 2009 through June 30, 2014. Selectperson Ciembroniewicz moved to appoint Gordon Johnson as Trustee of the Bowdoinham Water District, seconded by Selectperson Hobart. The vote was 3-0 in favor.

d. Appointment of Linda Christie to the Biking, Walking, Paddling Committee effective July 1, 2009 through June 30, 2012. Selectperson Hobart moved to appoint Linda Christie to the Biking Walking, Paddling Committee, seconded by Selectperson Ciembroniewicz. The vote was 3-0 in favor.

e. Appointment of Kathryn Durgin-Leighton as Road Commissioner effective July 1, 2009 through
June 30, 2011. The Manager reported that absent of an ordinance identifying how the appointment of Road Commissioner is determined, Maine Municipal Association recommends that the appointment follow past precedence. In Bowdoinham’s case, the appointment has traditionally gone to the Town Manager. Selectperson Hobart moved to appoint Kathryn Durgin-Leighton as Road Commissioner, seconded by Selectperson Ciembroniewicz. The vote was 3-0 in favor.

Town Manager’s Report –

a. MDOT’s 2010 Maintenance Surface Treatment Projects Cancelled due to lack of funding – The Manager reported that MDOT had issued a list of cancelled projects for 2010 due to lack of funding. Route 24 from Topsham to Richmond is included in the list. The Board discussed its concern over the cancellation of this project and directed the Manager to draft a letter to the Commissioner with the Board’s concerns.

b. 30 Day Notices – The Manager reported that the number of 30 day notices sent out to residents for non payment of FY2009 taxes had increased 29% from the number of notices sent out a year ago. 161 notices were sent out on June 15th. If after July 15th the taxes remain unpaid, liens will be placed on the properties as established by state law.

c. End of Year Expenses and Revenues – The Manager reported that the end of year expenses and revenues show expenses coming in under budget while revenues coming in above projections.

d. Midcoast Council for Business Development & Planning – The Manager reported that MCBDP’s general assembly had met and voted to change its bylaws to reflect a change in its name to Midcoast Council of Governments (MCOG). The Manager reported that this is a positive step for its member municipalities as the new organization will be modeled after other Council of Governements (Greater Portland and Androscoggin) in which more services will be available such as planning, mapping, joint purchasing, etc.

Item 5: Consent Items - none

Item 6: Consideration of Treasurer’s Warrant #35 – The Board reviewed Treasurer’s Warrant #35. Selectperson Hobart moved to approve Warrant #35, seconded by Selectperson Ciembroniewicz. The vote was 3-0 in favor.

Item 7: Executive Session pursuant to 1 M.R.S.A. § 405(6)(A) Personnel Matters – Selectperson Ciembroniewicz moved to enter into executive session pursuant to 1 M.R.S.A. § 405(6)(A) Personnel Matters, seconded by Selectperson Hobart. Selectperson Hobart moved to enter into executive session pursuant to 1 M.R.S.A. § 405(6)(A) Personnel Matters, seconded by Selectperson Ciembroniewicz. No action or decision was made in executive session.

The Board discussed the maintenance of the town’s non-paved roads. It agreed to continue its commitment and obligation to repair its roads as to be “safe and convenient” for travelers with motor vehicles as required by 23 M.R.S.A. § 3651.

Item 8: Announce Future Meetings, Workshops, Events

• June 27 @ 5-7:30 – Cruisin’ on the Cathance – Lower Main Street
• June 27 @ 6 pm – Red, White & Blue Summer Fun Festival – Mailly Waterfront Park
• June 27 @ 9:30 pm – Fireworks
• June 28 @ 6:30 pm – Summer Concert Series

Item 9: Adjourn – The Chair adjourned the meeting at 9:20 pm