MINUTES
Town of Bowdoinham
Select Board Meeting
October 13, 2015 at 5:30 p.m.
1. Call the Meeting to Order & Establish a Quorum
The meeting was called to order and quorum established by Chair Wendy Cunningham at 5:30 p.m. Select Board members Wendy Cunningham, Brian Hobart, M. Theresa Turgeon and Douglas Tourtelotte were present. Board member absent was Peter Lewis. Staff present included Town Manager William Post. Director of Planning & Development Nicole Briand and Public Works Foreman Chadd Mayo. Also present were Betsy Steen, John Frumer, Esq., John Paradis representing Nortrax, Chris McLaughlin representing Milton Cat, Albert Stehle, Tom Deforeest, Kathy Pszczolkowski, and Don and Billie Oakes.
2. Public Hearing
A. To receive public comments on the General Assistance Ordinance Appendices A – D concerning updated overall allowed amounts, food, housing and utilities maximum allowed amounts
Chair Cunningham opened the public hearing at 5:30 p.m. The Manager explained that each year the Department of Health and Human Services reviews and modifies the general assistance allowed amounts for food, housing and utilities as well as overall allowed amounts by region in the state. These maximum amounts are then sent to the municipalities for adoption, after public hearing.
Board member Theresa Turgeon asked if the Board could choose not to adopt the allowed maximums. The Manager stated that these are appendices to the General Assistance Ordinance which the Board has authority to approve, or not. If these amounts are not approved, then the Town would need to commission a market study to develop their own maximum allowed amounts.
There were no other public comments and Chair Cunningham closed the hearing at 5:32 p.m.
3. Amendments to the Agenda – None
4. Approve Consent Calendar
A. Meeting Minutes of September 22, 2015
On motion of Hobart/Turgeon, the Board voted 3 – 0 – 1 (Cunningham abstained), to approve the Meeting Minutes of September 22, 2015 as presented.
B. Warrants and Financial Reports:
1. Treasurer’s Warrant #20 for $741,699.24
On motion of Hobart/Tourtelotte, the Board voted 4 – 0 to approve the Consent Calendar as presented.
5. Action Items
A. Act on Lease/Purchase of Front End Loader for PW Department
The Manager stated that the Town received three bids from two companies to provide a front end loader. The low bidder was Nortrax for a John Deere 524K at $130,020, or $15,299.32 per year at 3.75% interest for the 10-year lease purchase. Milton Cat provided a bid for a Caterpillar 926M for $138,950, or $15,488.94 per year at 2.5% interest. The Town has $15,000 budgeted for this fiscal year for the first payment.
Chair Cunningham asked for a recommendation. The Manager stated that either machine would be excellent for the Town and its intended purpose. He stated that some features on the John Deere are better than on the Caterpillar and vice versa.
Board member Turgeon asked if there was any additional equipment that needed to be added on. The Manager answered that there was not.
Chair Cunningham asked for Public Works Foreman Chadd Mayo’s recommendation. Mayo stated that each machine would do the job for the Town, but he preferred the Caterpillar to the John Deere.
On motion of Hobart/Tourtelotte, the Board voted 4 – 0 to approve the lease/purchase of a Caterpillar 926M at a cost of $$138,950.”
B. Act on General Assistance Ordinance Appendices A – D
The Manager stated that the Board should approve the General Assistance Ordinance Appendices as presented and noted they would be in effect as of October 1, 2015.
On motion of Turgeon/Tourtelotte, the Board voted 4 – 0 to approve General Assistance Ordinance Appendices A – D effective October 1, 2015.
C. Act on Appointment of Anne Murphy to the Planning Board
The Manager stated that Anne Murphy has submitted an application to join the Planning Board as an alternate member filling Tracey Krueger’s vacancy. The term is for the remainder of Tracey Krueger’s term, ending June 30, 2019
On motion of Turgeon/Tourtelotte, the Board voted 4 – 0 to appoint Anne Murphy to the Planning Board as an alternate member for a term ending June 30, 2019.
D. Act on Consent Agreement by and between the Town and Glen and Tracy Rousseau
Planning and Development Director Nicole Briand stated that this is the final agreement to correct a violation in the shoreland zone involving a tree cutting violation. The property owners hired a harvester and then cut some additional trees themselves. Since the violation there has been significant re-growth from the stumps and therefore, the agreement calls for planting eight saplings a minimum of 4 feet tall. The agreement also calls for a $100 fine as the owners were cooperative with the Town’s code enforcement officers and willing to replant.
On motion of Tourtelotte/Turgeon, the Board voted 4 – 0 to approve the consent agreement with Glen and Tracy Rousseau as presented.
E. Act on Recycling Facility Attendant Job Description
The Manager stated that Ramona Stinson resigned from the part-time position of Recycling Facility Attendant at the Recycling Barn. As is his practice, before advertising to fill the position, he and David Berry met to review and review the job description.
On motion of Tourtelotte/Hobart, the Board voted 4 – 0 to approve the Recycling Facility Attendant Job Description as presented.
6. Discussion Items
A. Discuss Options for Maxwell Cemetery Trust Fund
Attorney John Frumer from the firm of Christie Sullivan and Young introduced himself and stated that he had been working with the Select Board on the Maxwell Cemetery Trust issue.
He stated that the trust was established in 1982 and accepted by the Town in 1972. The original Trust is for the maintenance of the Maxwell Cemetery Trust and started with a sum of $1,500 and has now grown to over $340,000. Because of this, the Select Board asked him to provide information on whether or not the trust could be modified to provide funding for other cemeteries in Bowdoinham. Frumer explained that because of the way the trust was originally set-up, it is possible for the Trustees, also serving as the Select Board, to file a case in court to modify the trust because the trust can fulfill the original intent of taking care of the Maxwell Cemetery and the fund will never be used completely. By filing a court case to modify the trust, there is a chance that heirs of Noble Maxwell could make a claim against the trust, but would not necessarily meant that the court would decide to give any of the trust to the heirs. It would be a decision of the court.
Chair Cunningham asked those in attendance for questions and comments. Billie Oakes asked what type of assurance there would be that the Maxwell Cemetery would still be the priority and taken care of with the funds. Frumer stated that the Trustees (Select Board) have the ability in the court complaint to make sure the Maxwell Cemetery is the priority.
Albert Stehle stated that if it is the interest from the trust fund that is paying for repairs to cemeteries, that is not a bad idea. He said that $10,000 a year could easily be spent on cemeteries until the yare up to par.
Board member Turgeon asked how a budget for cemetery work would be created. The Manager recommended that a cemetery advisory committee be created that would look at all cemeteries, create an inventory and need list and then present a prioritized project list to him and the Select Board for decision.
Don Oakes stated that it would be important not to spend principle of the trust, but interest only.
Tom Deforeest asked who would pay for the court case. Frumer stated that the trustees would pay up-front for the case and then as part of the trust modification, the trust could reimburse the Town.
Tom Deforeest asked how long the process would be. Frumer stated that he expects that it could be anywhere from two months to one year, but realistically, six months.
By consensus, the Board asked the Manager to move forward with an engagement letter with Christie Sullivan and Young for purposes of modifying the Maxwell Cemetery Trust.
7. Town Manager’s Report
The Manager reminded the Board of their project workshop on October 27th at 1:00 p.m. He provided copies of the Comprehensive Plan to the members to help them in their discussion.
The Manager provided copies of the audit report for the fiscal year ending June 30, 2015 and stated that the auditors could not meet with the Board until January because of scheduling.
The Manager stated that the Restroom Project is ongoing and construction is proceeding well.
The Manager stated that the Midcoast Economic Development District has launched a “Solarize Midcoast Maine” project that will be open to all residents and small businesses in the region from southern Waldo County, Know County, Lincoln County and Sagadahoc County. This project will create a pool of people to purchase and install solar power systems from pre-selected contractors at a reduced cost. More information will be forthcoming.
The Manager reported that the estimated repair work needed for the mini-bus the Town purchased amounts to about $1,700 and $3,700 for the back-up light-duty truck. The needed repairs are mostly routine work such as brakes, brake lines, oil changes and minor rust repair.
8. Select Board Member’s Request for Agenda Items for Next Meeting – None
9. Announce Future Select Board Meetings
A. October 27th – Regular Meeting
B. November 10th – Regular Meeting
10. Comments from Select Board Members – None
11. Comments from the Public – None
12. Executive Session
A. Convene in Executive Session pursuant to 1 M.R.S. §405(6)(A) to discuss a Personnel Matter.
On motion of Hobart/Tourtelotte, the Board voted 4 – 0 to convene in Executive Session pursuant to 1 M.R.S. §405(6)(A) at 6:33 p.m. to discuss a Personnel Matter.
On motion of Hobart/Tourtelotte, the Board voted 4 – 0 to reconvene in regular session at 6:43 p.m.
B. Action as a Result of Executive Session
On motion of Hobart/Tourtelotte, the Board voted 4 – 0 to accept the new Town Manager’s Performance Appraisal documents.
13. Adjourn
The meeting adjourned by acclamation at 6:44 p.m.
Select Board
Town of Bowdoinham, Maine Wendy Cunningham, Chair
M. Theresa Turgeon, Vice-Chair
Brian Hobart
Absent
Peter Lewis
Douglas Tourtelotte
Respectfully Submitted,
William S. Post, Town Manager
1