2009-07-15 Select Board Meeting Minutes

Town of Bowdoinham
Minutes of Select Board Meeting
July 15, 2009

Residents in attendance: Stewart Burrell, George Christopher, Brent Zachau, Dotty Baker, Brad Foley, Paul Baines, John McMullen, Ben Long, and Kathy Durgin-Leighton

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

Item 4: d) Appointment of Officials (taken out of order)

1. Consideration to appoint Paul Baines of Bowdoinham as Planning Board Alternate Member for the term effective July 1, 2009 to June 30, 2014. Selectperson Ciembroniewicz moved to appoint Paul Baines as Planning Board Alternate Member for the term effective July 1, 2009 to June 30, 2014, seconded by Selectperson Hobart. The vote was 3-0 in favor.

Item 2: Consideration of the minutes from June 24, 2009 meeting – The Board reviewed the minutes. Selectperson Hobart moved to approve the minutes as amended, seconded by Selectperson Ciembroniewicz. The vote was 3-0 in favor.

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

Item 4: New Business

a) Merrymeeting Trail Project Update – Brad Foley, Chair of the Biking, Walking, and Paddling Committee gave an update on the Merrymeeting Trail Project. He asked the Board to give authorization to the Town Manager to sign a letter seeking assistance from the National Park Service. Selectperson Hobart moved to authorize the Town Manager to seek assistance from the National Park Service, seconded by Selectperson Ciembroniewicz. The vote was 3-0 in favor.

b) Meeting with LUPC members – Paul Beltramini and Brent Zachau, members of the LUPC Committee met with the Board to discuss the LUPC’s mandate. Mr. Beltramini stated that it was his belief that the LUPC needed a clear mandate from the townspeople regarding its next task. He further stated that a revised Comprehensive Plan would serve as a mandate and therefore he recommends that the next step should be to revise the existing Comp Plan. The town’s Comprehensive Plan was adopted in 2000 and must be updated every ten years. Since the updating process can take two years, the work would be completed in time for the 2011 town meeting. Mr. Zachau stated that he too believed that the next step for the LUPC Committee is to work on the Comp Plan. The Board discussed the value of working on the Comprehensive Plan as the LUPC’s next step. The Board agreed that the composition of the LUPC Committee should be reconstituted since its original mandate has been met and because some of its members have resigned from the Committee. Chair Whittlesey stated that it is important not to lose sight of the good work that was done by the LUPC Committee including the districting plan. He also stated that lessons have been learned including the need for better communication between the LUPC and the Select Board. The Board decided to request the Town Planner upon her return from maternity leave to propose a process for updating/revising the Comprehensive Board for the Board to consider.

c) Amendment to FY09 Tax Commitment – The Board reviewed and signed the amended tax commitment.

d) Appointment of Officials

2. Consideration to appoint of William Shippen of Bowdoinham as Planning Board Member for the term effective July 1, 2009 to June 30, 2014. – Selectperson Hobart moved to appoint William Shippen as Planning Board Member for the term effective July 1, 2009 to June 30, 2014, seconded by Selectperson Ciembroniewicz. The vote was 3-0 in favor.

e) Harbor Master Report – John McMullen, Harbor Master gave the Board an update of the waterfront activities. The Harbor Master reported that there are fewer boats on the river and bay this year which may be due to the inclement weather as well as the economy. He reported that he has been experiencing some difficulties in getting residents to permit their out-of-harbor moorings as required by the town’s Harbor and Waterfront Rules and Regulations (Section IV B. Application – Outer Harbor).Mr. McMullen reported that out of 8 out-of-harbor moorings, 3 remain unpaid. The application fee is $10. The Board discussed the problem and agreed that another letter should be sent to the 3 mooring holders asking them to comply with the rules and regulations. Selectperson Hobart asked if other towns require the permitting of out-of-harbor moorings. Mr. McMullen stated that other towns do not distinguish between in-harbor and out-of-harbor moorings and that all moorings needed to be registered regardless of where they were located. The Board requested that Mr. McMullen report back to them early next year with a list of recommendations for rules and regulations for the Board to consider for the next boating season.

f) Sludge Study Committee Discussion – The Board discussed the composition of the Study Committee and agreed that additional names were needed for consideration on the committee. It was agreed that an advertisement in the Times Record be placed with the list of all Board vacancies.

g) Consideration to enter into an agreement with Ducks Unlimited for the use of Mailly Waterfront Park on August 15, 2009 – The Board signed the agreement for Ducks Unlimited to use the Mailly Waterfront Park on August 15, 2009.

Item 5: Town Manager’s Report

a) Year end Expenses and Revenue Report – An un-audited report of the end of year revenues and expenses was presented to the Board.
b) FY2010 Commitment Draft –A draft tax commitment for the next fiscal year was submitted to the Board for review. The Manager reported that FY10’s taxable valuation is approximately $220,057,599. This is an increase of approx. 1.42 million in new valuation. This shows very little growth in the past year. By comparison, in year 2007, the town experienced a growth of 2.8 million and in 2008 there was an increase of 3.0 million. Therefore, growth is down approximately 50%. This year’s overlay is projected to be approx. $78,774.
c) Trust Fund Report – The Manager reported that the funds are beginning to show some gains from the losses experienced in the last year. In summary, the funds were at an all time high in August 2008 at $516,699 and slipped to a low of $389,395 at the close of February 2009. As of June 30, 2009 the ending value is at $435,549.79. The Finance Committee will begin meeting again in September and will be meeting with MB&T representatives to review the fund accounts.
d) Harward Crossing Project – The Manager reported that T Buck Construction was the low bidder. Dennis Gallant of Country Fare Excavation in Bowdoin is the subcontractor that will be handling the fill removal. Mr. Gallant has applied for a permit to dispose of the fill (mostly loam from the initial testing) at the Moody property located on Route 24 where the clear cutting occurred last fall/winter (approximately 2 miles north of Harward Crossing). The plan is to bring the Moody property back to pasture land. Mr. Gallant’s proposal is that he would stockpile the fill at the property until the completion of the Harward Project and then grade it and seed it. He is working with the town’s Code Enforcement Officer and the DEP. At this point, no local roads will be used for the trucking. If the project is awarded to T Buck, Mr. Gallant and a representative from T Buck would be happy to attend the Board’s August 5th meeting to discuss any of the Board’s concerns.
e) T & H Excavation Donation – Doug Tourtelotte has offered to donate his time to remove the asphalt approaches to the Fire Station and prepare for new paving. The money for paving is in the Public Works paving line. The public works crew has scheduled the work for this fall but Doug Tourtelotte has offered to do the work sooner. The Fire Chief would like permission to accept Mr. Tourtelotte’s offer. The Board accepted the offer with much gratitude.
f) Ridge Road Cemetery – The Town Manager reported that members of the Ridge Road Cemetery Association have contacted her asking for assistance in maintaining the cemetery. This cemetery is owned and managed by the Ridge Road Cemetery Association. It is also where some of Bowdoinham’s most historical figures have been buried including Silas Adams, as well as veterans dating back to the Revolutionary War. The Association has run out of money and can no longer maintain the cemetery. Mr. Curtis, a member of the Association, has asked that the town to consider ownership of the cemetery. This can only be done upon town meeting approval. In the meantime, the Association is asking for help to maintain the cemetery through the rest of the year. According to the Maine Municipal Association, the town has an obligation to maintain the veteran’s graves in the cemetery since it was established before 1880. Since there are many veterans buried at the cemetery, it would be easier to mow the entire cemetery than to determine where the veterans are buried and mow only around those particular grave sites. The Select Board has authority, according to MMA, to authorize the mowing of the cemetery for the time being without taking ownership. The Association has some money in a Certificate of Deposit that they may be willing to give to the Town once it matures. Since the Town Manager has not received a formal request from the Ridge Road Cemetery, the Board agreed to wait until further notice before taking action.
g) Maine Department of Public Safety - Application for catered function by Churchill Catered Events – 145 Post Road – The Board signed the application.
h) The Town Manager reported that the DEP reviewed the Town’s newly adopted Shoreland Zoning Ordinance for compliance and found one deficiency – Article 7(D)(17)(c), first paragraph – see attached. 75 feet is to replace 100 feet. This condition will need to be incorporated into the ordinance at the next town meeting.
i) The Town Manager presented a list of properties in jeopardy of foreclosure for January 2010.

Item 6: Consideration of FY09 Treasurer’s Warrant #36 & Warrant #37 and FY10 Treasurer’s Warrant #1
Selectperson Ciembroniewicz moved to approve FY09 Warrant #36, seconded by Selectperson Hobart. The vote was 3-0 in favor.
Selectperson Ciembroniewicz moved to approve FY09 Warrant #37, seconded by Selectperson Hobart. The vote was 3-0 in favor.
Selectperson Ciembroniewicz moved to approve FY10 Warrant #1, seconded by Selectperson Hobart. The vote was 3-0 in favor.

Item 7: Selectperson’s Request for Agenda Items for next meeting (August 5, 2009) – William Berry’s Open Space Withdrawal penalty

Item 8: Announce Future Meetings, Workshops, Events -

• August 5 @ 6:30 pm – Regular Select Board Meeting
• August 19 @ 6:30 pm – Regular Select Board Meeting

Item 9: Adjourn – Chair Whittlesey adjourned the meeting at 8:50 pm.