Town of Bowdoinham

MINUTES Town of Bowdoinham Select Board Meeting Minutes January 28, 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, Douglas Tourtelotte and Peter Lewis were present. Board member M. Theresa Turgeon was absent. Staff present included Town Manager William Post. Also present was Scott Gallant.

2. Amendments to the Agenda

The Manager stated that there is one additional accounts payable warrant (#49) that was added to the agenda.

3. Approve Consent Calendar A. Meeting Minutes of January 13, 2015 B. Warrants & Financial Reports 1. Treasurer’s Warrant #48 for $49,239.66 2. Treasurer’s Warrant #49 for $850.00

On motion of Hobart/Tourtelotte, the Board voted 4 – 0 to approve the Consent Calendar as presented.

4. Action Items

A. Act on Acceptance of Volunteer Fire Assistance Grant for Fire Department

The Manager stated that the Fire Department applied for a grant to purchase some equipment through the Department of Agriculture, Conservation and Forestry. The grant was approved in the amount of $1,406.70 with a 50% match from the Town. The department needs to purchase this equipment and as a result of the grant, will cost 50% less than anticipated.

On motion of Tourtelotte/Hobart, the Board voted 4 – 0 to accept the Volunteer Fire Assistance Grant for the Fire Department.

B. Act on Appointment of John Beaudoin to the Finance Advisory Committee (FAC)

The Manager stated that George Christopher has resigned from the regular voting position on the FAC. John “Jack” Beaudoin is the alternate and would like to move into the vacant position. The term is for the remainder of George’s term (ending June 30, 2018). In order to accomplish this, the Board should accept George Christopher’s resignation and then appoint John Beaudoin. The next item would then be to appoint George as an alternate.

1 On motion of Tourtelotte/Hobart, the Board voted 4 – 0 to accept George Christopher’s resignation from the Finance Advisory Committee.

On motion of Cunningham/Lewis, the Board voted 4 – 0 to appoint John Beaudoin to the Finance Advisory Committee for a term ending June 30, 2018.

C. Act on Appointment of George Christopher to the Finance Advisory Committee as an alternate

On motion of Cunningham/Tourtelotte, the Board voted 4 – 0 to appoint George Christopher to the Finance Advisory Committee as an alternate for a term ending June 30, 2016.

5. Discussion Items

A. Fiscal Year 2014 Audit Presentation

The Manager reviewed the Fiscal Year 2014 audit with the Board. He stated that the auditors found one “significant deficiency” in an internal control, which is the fact that the Town staff does not prepare its own financial statements. The auditors did state “The outsourcing of these services is not unusual in a Town your size and is a result of management’s cost benefit decision to use accounting expertise rather than incurring this internal resource cost.” The manager stated that this “deficiency” is noted every year and is typical in towns this size.

The Manager directed the Board’s attention to Exhibits V and VI which detail the Town’s Statement of Revenues, Expenditures and Changes in Fund Balances. He then reviewed Exhibit VII which details the General Fund budget to actual figures. The Manager noted that no department spent more than was budgeted, and the total under budget for FY2014 was $50,915. In addition, the Town collected $18,564 more in revenue than budgeted. With the use of $100,000 in fund balance to reduce the tax rate, the fund balance only decreased by $30,521 to $899,513, instead of the planned $100,000 decrease.

The Manager referred to note 3 of the notes to the financial statements that details the tax commitment and noted that the Town collected 95.1% of taxes for 2014, which is in line with previous years.

Note 11 of the notes to the financial statements details the fund balances in restricted, committed and assigned funds. These are mostly the “reserve” funds for different projects and the trust funds for cemeteries.

The Manager stated that the Town is in good financial shape according to the audit.

B. Request from Food Pantry to serve as Fiscal Agent

The Manager stated that he received a request from Kathy Tome and the Food Pantry to explore the Town serving as the fiscal agent for the organization. The Town served as Fiscal Agent previously for the Long Branch tiny home project. The Manager asked for the Board’s feedback as to whether they want the Town to pursue this with the Food Pantry. If so, he will meet with Kathy Tome and begin the discussion.

2 Chair Cunningham asked if the Board could stop serving as fiscal agent if it was determined it was too much work. The Manager answered that if this is pursued, an agreement would be drafted and approved by both parties and it would include an opt out clause for each party.

Board member Hobart stated that he visited the Good Shepherd Food Bank and was impressed with their operation. He also stated that they can only distribute food to 501(c)3 organizations, so that may not be good for the Food Pantry.

By consensus, the Board agreed to have the manager move forward with discussions on this topic with the Food Pantry.

C. County Budget Advisory Committee Caucus

The Manager stated that the County Budget Advisory Committee caucus is February 3rd to elect BAC members. Board member Turgeon serves on the BAC and her term does not expire until next year, but there is a public member position available.

D. Review Budget Calendar

The Manager reviewed the Budget Review Schedule with the Board for the next several months.

6. Town Manager’s Report

The Manager stated that the Public Works Department performed well during the recent blizzard and there were no major problems. It will take a while to clean up the snow from streets, intersections and sidewalks, and there are more storms coming in quick succession.

The Board members expressed appreciation for the work of the Public Works Department.

7. Select Board Member’s Request for Agenda Items for Next Meeting – None

8. Announce Future Select Board Meetings A. February 10th – Regular Meeting B. February 23rd – Regular Meeting (Note date change from February 24th)

9. Comments from Select Board Members

Board member Lewis asked if the meeting for group to discuss the fireworks ordinance has been scheduled. The Manager stated that it has not been scheduled, but should be held next week.

10. Comments from the Public

Scott Gallant stated that he would like a change to the Land Use Ordinance that would eliminate the 20% rule. He stated that the Town’s ordinance has applied a shoreland zoning rule to the whole town. He stated that he is trying to add 8 feet to a building and was told that he can’t add anything to the building by the code officer. 3 Chair Cunningham asked if he went to the Planning Board. Gallant stated that he did and the Planning Board said they would look at the ordinance change he requested. He stated that he can’t wait a year for a change.

Gallant stated that Baines, Evans and McLaughlin received building permits for over 20% lot coverage in violation of the ordinance. He stated that the properties are in the watershed and his property isn’t.

Board member Tourtelotte asked what the code states Gallant stated that the ordinance limits buildings to 20% of lot which is a shoreland rule. The rule was developed because of stormwater and the town built sidewalks and drainage, so this rule shouldn’t apply to his property.

Chair Cunningham asked the Manager to explain the 20%. The Manager stated that his understanding is that the Land Use Ordinance limits lot coverage to 20% of a lot for buildings.

Board member Hobart stated that the Planning Board is the board to handle this request. Gallant stated that he can’t wait for the Planning Board.

The Manager tried to explain what the Planning Board is doing, but was interrupted by Mr. Gallant. The Manager stated he understands that the Planning Board is looking at lost in the village area that are non-conforming and have non-conforming structures to determine what percentage of lot coverage would be a better number than 20%. The Planning Board would then recommend an amendment to the ordinance for whatever percentage they determine is appropriate. This will be based on research from the village area.

Gallant threatened to sue the Town. He stated that the Baines, Evans and McLaughlin building permits were not valid and he should get a permit.

Chair Cunningham stated that the Town should see what the Planning Board will do for the June town meeting.

Gallant again threatened to sue the Town and stated that he could not wait until June because of the monthly cost of the building to him.

Gallant stated that a representative with the State Department of Environmental Protection, Colin Clark, told him that the 20% does not apply to him because he is not in the watershed and there is stormwater management near his property. Chair Cunningham asked Gallant if he had this in writing. Gallant stated that he has emails. Cunningham asked Gallant to forward the emails to the Manager for proof of watershed and stormwater discussion.

11. Adjourn

The meeting adjourned by acclamation at 6:24 p.m.

4 Select Board Town of Bowdoinham, Maine Wendy Cunningham, Chair

Absent M. Theresa Turgeon, Vice-Chair

Brian Hobart

Peter Lewis

Douglas Tourtelotte

Respectfully Submitted,

William S. Post, Town Manager