Town Council Meeting

03/18/2008

 

COUNCIL PRESENT: Chairperson Strout, Councilor Coulter and Councilor Gifford. Oscar Emerson and Audrey Wilcox were excused.

 

STAFF PRESENT: Melissa Doane, Fire Chief Eric Gifford and Virginia Oakes as note taker

 

OPEN MEETING: Council Chairperson Strout opened the Town Council meeting at 6:30 p.m. with the Pledge of Allegiance.

 

REVIEW OF MINUTES:

Councilor Gifford made a motion to accept the 03/05/08 minutes with the following changes, in public hearing section, take out Wilcox excused and under new business motion 7a, take out Gifford Wilcox and change to Councilor Gifford. Motion seconded by Chairperson Strout. Vote 3-0. Motion carried.

 

CITIZENS REQUEST: None

 

MANAGER’S REPORT:

  1. Manager Doane spoke to Council regarding the legal comments she received from Edmond Bearor following their meeting. The first was regarding the possible division of the property where the school is located. Under the provisions of Bradley’s current Land Use Ordinance, there would be appropriate road frontage for the newly created “back lot”, however the division would make the existing “front lot” (school property) more non-conforming.  The non-conformance would because the school would not have the appropriate setbacks.  Mr. Bearor suggested that we could address this issue in the new land use ordinance, which Manager Doane, will discuss with Dean Bennett.  Councilor Gifford mentioned that Councilor Strout had informed him of new legislation that may take care of the problem.  Manager Doane further stated that there is new legislation, LD1932 that has been put to the legislation in an effort to try to fix the law of the school consolidation as written.  LD 1932 will allow municipalities to keep school property, and not transfer it to the RSU. The concern will then be the maintenance standards and costs associated with the property.  LD 1932 also has a provision that allows independent school boards, that make their own budget and the RSU or Union approves, if any part of that budget is not approved by the RSU or Union that part of the budget can be taken to the voters separate from the RSU/Union assessment.  Manager Doane stated this may be where maintenance standards are considered.   The second of the legal comments was regarding a proposed Charter change for Town Council to have the authority to accept donated land and roads. Manager Doane explained that it was her opinion that the Council did not have authority to currently accept either, that this was the legislative bodies authority which is the voters.  Mr. Bearor does not totally agree with the Managers opinion, as he feels that since the Town Charter gives Council the authority to establish and approve ordinances, and a specific ordinance has approval requirements, such as road standards or open space, than the Council has authority to accept the assets. Manager Doane feels it could be disputed in the future, and advises that the Charter be changed to reflect the direct authority of the Town Council.  Mr. Bearor does not think such a change would be classified as a Charter revision, therefore a Charter Commission does not need to be established, a warrant article can be presented to the voters in June.  Council agreed that there needs to be clarification in the charter in this matter. Manager Doane will have Mr. Bearor draw up the article. The final comment was regarding the dam abatement requested by PPL. Mr. Bearor contacted PPL’s attorney, David Silk and he has asked for an extension of the deadline, which would be May 15, as the Town wished to have more time to consider the information supplied in connection with the abatement request. Mr. Bearor also provided that after speaking with Mr. Silk that he was not aware that the dam was scheduled for de-commission.  Mr. Silk was going to get comment from PPL regarding this and investigate if the abatement request was still necessary.
  2. On March 27th Manager Doane is meeting with EMDC regarding the Planning grant the Town hopes to get for the ball field area.
  3. On the March 13th Manager Doane met with John Banks of the Penobscot Indian Tribe. Mr. Banks is the director of the air divisions department. He has committed to working with Bradley to help the Town get an air monitoring system. He will also provide the Town with the data of the air monitoring that they have done in the area. Manager Doane also spoke with Bill Thompson who is also with the air division. He indicated that he heard a rumor at a Maine DEP meeting that Bradley was receiving an air monitoring system. Manager Doane contacted Ed Logue of DEP and he informed her that he added an air monitoring system for Bradley in his budget for this next year. He found out this past week that the National Resource Committee approved his budget; however, it has not yet gone to legislature. Manager Doane advised Council to send an email to Representative Pratt and Senator Rosen letting them know that the air monitoring system was included in air division budget and they wished for their support on the budget item.
  4. Red Shield has been burning at 20-25% of CDW and their testing on the ash taken out of the hoppers is well below the standard levels. The testing for the stacks, which is part of their licensing requirements, will be this week and they will let Manager Doane know the results of that testing.
  5. On March 21st Manger Doane will a meet with EcoMaine. They heard Bradley was discussing the possibility of single stream recycling with Casella. Eco Maine has a single stream recycling center in Portland. They are also interested in starting a single stream facility at the Bangor Recycling Center. Manager Doane has spoken to Casella who told her that nothing has been finalized. The land is apparently owned the University of Maine.
  6. Manager Doane and Councilor Strout attended the PVCOG meeting today, another bill is being presented that would address the budget validation process in regards to the school consolidation law.  The way the law is presently written is that the RSU School Board approves the school’s budget, this budget is taken to an open meeting in which vote is taken by hand count, then 10 days later a referendum meeting is held where voting is by ballot.  The bill being presented would change the budget validation process to RSU approval than referendum approval.
  7. Chief Gifford and Manager Doane would like to set up a public hearing to notify the public of the Town’s intent to pursue a fire station. The meeting is tentatively set for April 15, 2008.
  8. Regarding the Shore Land Zoning that was brought before Council last meeting, Charles Norburg has spoken to DEP and a meeting will be scheduled with the land owners then a presentation to Town Council.
  9. Nomination papers will be available on March 27th. There a two Town Council seats and two School Board seats available.
  10. Chief Gifford applied for a forestry fire department grant and they received it. This grant is to purchase some forestry hose. The fire department is required to pay half of the costs. The total is $920.00, which means they would pay $460.00. Chief Gifford would like to apply for a FEMA grant for Personal Protection Equipment (PPE). This grant would be to purchase air packs and gear. Chief Gifford estimates the cost of these purchases to be around $120,000. The fire department would be responsible for 5% of the cost. Their current air packs and gear are outdated. Council approved Chief Gifford applying for the grant. If the fire department receives the grant, the balance the fire department is responsible for can be taken from the Fire Department Capital Improvement account.
  11. Councilor Coulter motioned to accept a three year recycling contract with Maine Waste Systems in the amount of $7200.00 year one, $7300.00 year two and $7400.00 year three. Motion was seconded by Chairperson Strout. Vote 3-0. Motion carried.

Councilor Coulter motioned to accept a three year rubbish contact with Maine Waste Systems in the amount of $36,900.00 year one, $37922.50 year two and $38,870.50. Motion was seconded by Gifford. Vote 3-0. Motion carried.

 

 

NEW BUSINESS: Chairperson Strout motioned to grant quitclaim deed regarding Map 11A Lot 31 to Joseph Baker to release 1991 tax lien Book 5108 Page 323. Motion was seconded by Councilor Coulter. Vote 3-0. Motion carried.

 

UNFINISHED BUSINESS:

Manager Doane spoke to Council regarding the Trust for Public Land proposal addressing a regional greenprinting program, brought before Town Council on 3/5/08. Manager Doane asked Council to consider joining with the region which would give the Town two seats on the committee and more of a voice in the region. The cost will be approximately $634. Councilor Gifford motioned that Bradley join the Trust for Public Land not to exceed $700. Motion was seconded by Chairperson Strout. Vote 3-0. Motion carried. Manager Doane added that she will not commit until she feels comfortable with the details.

 

MUNICIPAL WARRANTS:

Councilor Coulter motioned to accept the municipal warrant #7 for $3,256.17 and warrant # 74 for $12,789.30. Motion was seconded by Chairperson Strout. Vote 3-0. Motion carried.

 

NEXT MEETING: April 1, 2008

 

ADJOURN: Councilor Gifford motioned to adjourn. Motion was seconded by Chairperson Strout. Vote 3-0. Motion carried.