2009-08-05 Select Board Meeting Minutes

Town of Bowdoinham
Select Board Meeting Minutes
August 5, 2009

Residents in attendance: George Christopher, Phil Frank, Doug Tourtelotte, Stewart Burrell, Dotty Baker, Bradley Meads, Wendy Cunningham, Bill Berry, and Kathy Durgin-Leighton

Non residents: David Flaherty, Dennis Gallant, Brian Emmons, and Kevin Prout

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

Item 2: Consideration of the minutes from July 15, 2009 meeting – The Board reviewed the minutes. Selectperson Ciembroniewicz moved to approve the minutes, seconded by Selectperson Hobart. 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. Municipal Quit-Claim Release Deed from the Inhabitants of the Town of Bowdoinham to Kevin R. Gilmore, releasing real estate tax liens for FY2007 – Selectperson Ciembroniewicz moved to execute the Quit-Claim Release Deed, seconded by Selectperson Hobart. The vote was 3-0 in favor.

b. Preconstruction meeting with Brian Emmons of T Buck Construction and Dennis Gallant of Country Fare regarding Harward Project. - The Town Manager introduced Mr. Brian Emmons and Mr. Dennis Gallant to the Board. Mr. Emmons gave a summary of the Harward Project. The Project, authorized and paid for Maine Department of Transportation, involves removing the present Harward Railroad Bridge on Route 24 (River Road) and replacing it with an at-grade railroad crossing. There is a large amount of fill that will need to be removed (up to 37,000 cubic yards). The project is expected to begin Monday, August 31st at which time a portion of Route 24 will be closed. Mr. Emmons explained that the detour route will be the White Road and that only local traffic will be permitted to go beyond the White Road. There will be adequate signage and barricades. Mr. Gallant of Country Fare will be removing the fill from the site. He stated that he is working with a number of residents who have expressed an interest in receiving the fill. Some of the residents that have expressed interest include the Moody’s on River Road, the Oakes’ on White Road, Mark Favreau on the Bay Road, Eric Skelton on the Carding Machine Road, and Ian Jerolmack on the River Road. Mr. Doug Tourtelotte suggested that some of the fill be taken to the Christopher property as Mr. Christopher has already received the necessary permits. In regard to the project, Chair Whittlesey stated that he has four areas of concern: safety, assuring equity of the fill to local residents, possible damage to local properties, and the inevitable damage to Route 24. Mr. Gallant stated that a water truck will be onsite to keep dust down and he will adhere to all MDOT specifications; safety and otherwise. When asked by Chair Whittlesey regarding the speed of the trucks moving the fill, Mr. Gallant ensured the Board that the trucks will not speed. He encouraged calls to him should there be any reports of speeding. A total of four or five trucks will be used on the project. The Town Manager expressed concern over the speeding of detoured traffic on the White Road. She will contact the Sagadahoc County Sheriff’s office regarding enforcement and Mr. Emmons will contact MDOT to see if the speed limit can be reduced on White Road during the construction period. Mr. Emmons also stated that an onsite construction meeting will be held each Wednesday morning in which town officials may attend.

In regard to the damage on Route 24 from the truck traffic, no money has been put aside by MDOT for repairs as a result of the project. The Board asked the Town Manager to arrange for Commissioner Cole of the MDOT to attend an upcoming Select Board meeting, preferable the August 26th meeting, to discuss Route 24.

c. Meeting with Bradley Meads of Indian Cross Way to be considered as an Alternate Member to the Planning Board – The Board met with Mr. Meads regarding the Planning Board position. Selectperson Ciembroniewicz moved to appoint Mr. Meads as the Alternate Member of Planning Board beginning August 6, 2009 through June 30, 2014, seconded by Selectperson Hobart. The vote was 3-0 in favor.

d. Road Paving Update – Kevin Prout, Public Works Director updated the Board on the Upper Ridge Road and Brown’s Point Road paving. Paving will be completed on Brown’s Point Road, weather permitting, by mid September. The Upper Ridge Road section should be completed by mid September as well. The cost of reclaiming Ridge Road came in under projections. Also, the cost of liquid asphalt is at its lowest in six years making it timely to complete the road projects. Kevin reported that the Abbagadassett Bridge, owned by the State, is in need of paving however after speaking to DOT representatives, there is no money available for paving this bridge. The State, however, has agreed to mill out the bridge if the Town agrees to pay for the paving. The estimated cost to pave the bridge is $1,300. Kevin stated that he would like the bridge paved, if possible. After discussion, the Board agreed to pave the bridge given that the road on both sides of the bridge will be paved. Kevin indicated that the bridge would have to be closed for a couple of hours during the midday (non commuting hours) in order to complete the work. The Town Manager explained that letters will be sent to all residents in the area alerting them to the bridge closing. Also, signage at the top of the Brown’s Point Road and Pork Point Road will be placed alerting motorists of the bridge closure.

e. Consideration to appoint Bert Singer as Bowdoinham’s representative to the Stakeholders Group to Develop a Management Plan for the Non-wildlife Components of Swan Island and Little Swan Island in Perkins Township as defined by LD 398 of the 124th Maine State Legislature. – Selectperson Hobart moved to appoint Bert Singer to the Stakeholders Group, seconded by Selectperson Ciembroniewicz. The vote was 3-0 in favor.

f. Consideration to review penalty assessed to William Berry and Wendy Cunningham regarding Open
Space Withdrawal – William Berry and Wendy Cunningham were in attendance to ask the Board to review and reconsider the amount of the penalty that was assessed to them in May 2007 for Open Space withdrawal. Ms. Cunningham stated that the penalty was based on the land being a residential building lot. She maintained that the lot was not a building lot as it did not have the necessary road frontage. Furthermore, she believes that the assessed value of the lot, since it was purchased in 1997, has been overvalued because it was assessed as a build-able lot. Therefore, the penalty should be reduced to the amount based on a nonconforming lot. Ms. Cunningham stated that she accepts the Board’s decision of imposing a penalty but not the amount of the penalty. Mr. Berry stated that his attorney agreed that the Berry’s would not prevail in a case to the State Board of Property Tax Review. The Board discussed whether it had jurisdiction to consider Ms. Cunningham’s request. Selectperson Hobart stated that the amount of the penalty should be adjusted. Chair Whittlesey stated that the Board should first determine if it had authority to make an adjustment to the penalty and should seek legal opinion relative to the Berry’s request that the penalty be based on a nonconforming acre versus a conforming acre. The Board agreed that the manager would draft questions to ask Maine Municipal Association’s Legal Department. The Board will approve the draft questions before being sent to MMA.

g. Tax Commitment FY10 establishing the tax rate at current mill rate level of 14.8 – The Board signed the tax commitment establishing the mill rate at 14.8.

h. Discussion regarding the need to expand Broadband services to all areas of Bowdoinham – This item was tabled to the September 9th meeting. Chair Whittlesey stated that it should be a goal of the Board that all residents in Bowdoinham have access to high speed internet. Chair Whittlesey asked the Town Manager to provide the Board with data on where high speed internet is available in town, where the gaps are, as well as who provides the access and its associated costs.

Item 5: Town Manager’s Report

a. July 2010 Excise Tax Report – The Town Manager shared with the Board a summary of the excise taxes received in July. Also, the manager gave the Board a spreadsheet of the expenses and revenues to date.
b. Sludge Study Committee – The Manager stated that she is continuing to solicit members to the committee and will report back to the Board at its next meeting.

Item 6: Consideration of FY09 Treasurer’s Warrant #38 – The Board reviewed FY2009 Treasurer’s Warrant #38. Selectperson Ciembroniewicz moved to approve FY09 Treasurer’s Warrant #38, seconded by Selectperson Hobart. The vote was 3-0 in favor.

Consideration of FY10 Treasurer’s Warrant #2 – The Board reviewed FY2010 Treasurer’s Warrant #2. Selectperson Ciembroniewicz moved to approve FY10 Treasurer’s Warrant #2, seconded by Selectperson Hobart, the vote was 3-0 in favor.

Item 7: Selectperson’s Request for Agenda Items for next meeting (August 26, 2009)

Item 8: Announce Future Meetings, Workshops, Events

• August 27 – Facilities Tour – 4 pm – Board will meet at the town office.
• August 26 @ 6:30 pm – Regular Select Board Meeting
• September 12 – Celebrate Bowdoinham

Item 9: Adjourn – The Chair adjourned the meeting at 9:00 pm.