2009-11-17 Select Board Meeting Minutes


Town of Bowdoinham
Select Board Meeting Minutes
November 17, 2009


Residents in attendance: Bradley Meads, David Reinheimer, George Christopher, Tade Mahoney, David Berry, Kathy Durgin-Leighton, Dan Billings, Elaine Diaz, Dotty Baker, Ed Friedman, Dale Mosher, Chris Jackson

Non residents: Nicole Briand

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 Hobart, and Selectperson Ciembroniewicz.

Item 2: Consideration of the minutes from November 3, 2009 meeting – The Board reviewed the minutes of the meeting. Selectperson Hobart moved to approve the minutes, 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: Old Business

a) Tax Abatement Hearing - request from Ed Friedman for tax abatement due to Error, Irregularity or Illegality regarding parcel R010, Lot 14 per 36 M.R.S.A. §841

Mr. Ed Friedman was in attendance to request a tax abatement of three years and reiterated his opinion that the abatement be granted on the basis that the 100 feet of water frontage that he does not own and has been taxed for was due to an Error, Irregularity or Illegality. He offered no additional information from his original request at the Board’s October 13th meeting. Chair Whittlesey stated that although the Board may have a strong feeling that Mr. Friedman is due an abatement, the Board has no authority to grant the abatement based on the legal interpretations from the Maine Municipal Association’s legal division and the town’s own attorney. The Board discussed its options and concluded that there was no other option available but to deny the request. Selectperson Hobart moved to deny the abatement as requested from Mr. Friedman, seconded by Selectperson Ciembroniewicz. The vote was 3-0 in favor.

b) Solid Waste Committee appointments – The Town Manager introduced to the Board those persons interested in serving on the Solid Waste Committee: David Reinheimer, Chris Jackson, Tade (Timothy) Mahoney, Dale Mosher, Howard Solomon and Elaine Diaz. The Board asked general questions regarding interests in serving on the committee. The Board discussed with the candidates the timeframe of the committee’s work and its mission. After a brief discussion, the Board made the following appointments:

Selectperson Ciembroniewicz moved to approve the appointment of David Reinheimer to the Solid Waste Committee effective November 17, 2009 through June 30, 2011, seconded by Selectperson Hobart. The vote was 3-0.

Selectperson Ciembroniewicz moved to approve the appointment of Christopher Jackson to the Solid Waste Committee effective November 17, 2009 through June 30, 2011, seconded by Selectperson Hobart. The vote was 3-0.

Selectperson Ciembroniewicz moved to approve the appointment of Tade Mahoney to the Solid Waste Committee effective November 17, 2009 through June 30, 2011, seconded by Selectperson Hobart. The vote was 3-0.

Selectperson Ciembroniewicz moved to approve the appointment of Dale Mosher to the Solid Waste Committee effective November 17, 2009 through June 30, 2011, seconded by Selectperson Hobart. The vote was 3-0.

Selectperson Ciembroniewicz moved to approve the appointment of Howard Solomon to the Solid Waste Committee effective November 17, 2009 through June 30, 2011, seconded by Selectperson Hobart. The vote was 3-0.

Selectperson Ciembroniewicz moved to approve the appointment of Elaine Diaz to the Solid Waste Committee effective November 17, 2009 through June 30, 2011, seconded by Selectperson Hobart. The vote was 3-0.


Item 5: New Business

a) Merrymeeting Trail report – Nicole Briand, CEO/Planner – Ms. Briand updated the Board on the status of the Merrymeeting Trail project. In order to secure $20,000 of funding from the State Planning Office, members of the Trail Committee are asking for $1,000 of matching money from each community (Gardiner, Richmond, Bowdoinham, and Topsham). Ms. Briand reported that the Merrymeeting Trail project has been awarded assistance from the National Park Service and is applying for funds from the Maine Department of Transportation, The Merrymeeting Bay Trust, and others to complete a feasibility study. Ms. Briand reported that it is her belief that the other communities will approve the $1,000 matching money. If needed, the Board agreed to send a letter to the other communities stating its support. Selectperson Ciembroniewicz moved to approve $1,000 from the Community and Economic Development budget (TIF) in order secure the $20,000 grant from the State Planning Office, seconded by Selectperson Hobart. The vote was 3-0 in favor.

Item 6: Town Manager’s Report

a) Resignation of Tony Cox, Economic & Community Development Director – The Manager reported that Mr. Cox resigned on Friday, November 6th in order to spend more time with his family and devote more attention to his business located in Portland. The Manager submitted to the Board the original TIF (Tax Increment Financing) application submitted to the State Department of Economic Development that funded the town’s Economic & Community Development Department. She stated that that the TIF was approved by the DECD in 2001 and was for a 20 year period. The Manager will review the original documents to determine the town’s compliance and will report back to the Board.

b) Old Fire Station Land – The Manager recommended to the Board that it schedule a date for a Special Town Meeting to seek permission to sell the property. She further stated that she was contacting additional real estate agents for appraisals. The land is in the Shoreland Zone and has restrictions regarding its use.

c) Saturday’s Storm – As a result of the November 14th rainstorm, all road repairs have been completed.

d) Third floor Coombs Municipal Building is cleaned up! 20+ years of clutter cleaned out thanks to Brooke Cox, Pam Ross, Kate Cutko and Jen Foley!

e) Gift Acceptance Policy – The Manager reported that it has come to her attention that gifts (monetary and otherwise) have been accepted by department heads on behalf of the town as a matter of standard procedure. However, only the Select Board may accept gifts on behalf of the town. After speaking to MMA about this matter, a distinction is made between request for volunteers (solicited gifts) versus unsolicited gifts (asking a business to perform work for the town and the business offering to donate services). The Manager reported that while the town does not want to discourage or prevent such generous donations, the Board must accept them. The Manager will draft a policy for the Board’s review and acceptance.

f) Auditor Visit – The Manager reported that the Auditor will be attending the December 15th Board meeting as requested by the Board.

g) Municipal Election research – The Manager provided the Board with historical information regarding the timeframe of the town’s municipal elections.

Item 7: Consent Items – none

Item 8: Consideration of FY10 Treasurer’s Warrant #9: Accounts Payable: $30,572.37
Payroll: $17,222.76
Total: $47,795.13

The Board reviewed Treasurer’s Warrant #9. Selectperson Hobart moved to approve Treasurer’s Warrant #9, seconded by Selectperson Ciembroniewicz. The vote was 3-0 in favor.

Item 9: Selectperson’s Request for Agenda Items for next meeting (December 1, 2009) – Municipal Election Trends, Site Plan Review Ordinance as it pertains to metal sided buildings

Steve Ciembroniewicz announced his resignation and it was regretfully accepted by the Board.

Item 10: Announce Future Meetings, Workshops, Events

• November 26 & 27 – Town office closed for Thanksgiving
• December 1 @ 6:30 pm – Regular Selectboard meeting
• December 3 @ 6:30 pm – Finance Advisory Meeting
• December 15 @ 6:30 pm – Regular Selectboard meeting

Item 11: Adjourn – The Chair adjourned the meeting at 8:10 pm.