Town Council=20 Meeting

8-18-09

Open Town Meeting: Councilor Oscar Emerson = opened the=20 Town Council Meeting at 6:30 p.m. Town Council present included, = Nicholas Wood,=20 Lillian Coulter, Audrey Wilcox, Fred Gifford and Oscar Emerson. Office staff present was Town = Manager=20 Melissa Doane.

Review of Minutes: Councilor Coulter made a = motion to=20 accept the August 4, 2009 minutes=20 as presented, Councilor Wilcox seconded, no discussion vote 4/0 (Gifford = excused=20 not present at meeting.)

Citizens Request: = None

Manager=92s=20 Report:

Manager Doane requested = from RSU 34=20 that the Town of Bradley receive copies of the RSU meeting agenda and = minutes so=20 that the Town Council and she can have the opportunity to first attend a = meeting=20 and to know what is going on. = Mr.=20 Walker forwarded the minutes from the 8-5-09 RSU meeting in which it was = voted=20 that fifth grade Bradley students would attend Old Town. On the same issue = Manager Doane=20 received a copy of the e-mail that Leah Tuffley sent=20 to Senator Rosen in which she address the issue of school choice. Ms. Tuffley=92s=20 concern is that the RSU plan allowed for school choice, which at the = time was=20 6-12, now that Bradley students are going to Old Town; Ms. Tuffley thinks school choice will begin with the=20 5^th graders. =20 Apparently the RSU board feels that if school choice was 6-12 = when the=20 plan was approved it is still that way. =20 Senator Rosen is checking the Dept of Education and Attorney = General.=20 The next RSU meeting is = scheduled=20 for August 19 at 6:00 at the Leonard Middle School=20 Library.

Tax bills were mailed on = Wednesday=20 August 12, 2009. Manager = Doane was=20 out of the office upon the mailings, however directed the staff to = gather a list=20 of any taxpayers that had concerns and e-mail them to her before leaving = the=20 office. Manager Doane was = able to=20 contact the taxpayers in the evening. =20 In all there have been about 60 to 70 inquiries regarding the tax = bills. Manager Doane was = able to=20 field most of the calls; however there are approximately 20 taxpayers = wishing to=20 communicate with Mark regarding their assessment. Manager Doane further stated = that the=20 final payment for Mark Gibson is in the warrant presented at tonight=92s = meeting. She would like = direction=20 from the Town Council as to if they wish to present the check or hold = until all=20 inquires are addressed. =20 Councilor Wilcox stated that she felt the notices sent by Mark = Gibson=20 were confusing and contributed to the number of questions. Town Council agreed to send = Mark Gibson=20 should get his final payment based on a good faith that he will address = all=20 inquires.

Cemetery Committee Meeting = was held=20 8-18-09 regarding appointment of a cemetery superintendent. The committee has asked that = they be=20 given a month to think about a good candidate to act as superintendent. = Manager=20 Doane will continue to act as the interim superintendent until that = time.

Manager Doane reminded Town = Council=20 that she will be out of the office on August 19, 2009 through the=20 21^st for the New England Managers Institute in = Lincolnville.

Manager Doane requested = Town Council=20 signature on the Municipal Valuation Return which is sent to Maine = Revenue=20 Service providing the State with the 2009 tax commitment information.=20

Fire Chief Eric Gifford has = reported=20 to Manager Doane that the dry hydrant is installed and meets his = specifications=20 at Highpoint Place. She = has=20 instructed Mr. and Mrs. Rowell to get a deed drafted and presented to = the Town=20 Council for formal road acceptance.

The attorney handling the = case=20 regarding Kevin Phinney requested a new date = as there=20 was a conflict in his schedule; Once Manager Doane learns of the new = date she=20 will inform Town Council.

Manager Doane placed the = proposal=20 from Mr. Fenney in their boxes. = If=20 Town Council is ok with his proposal and timeline, a motion is needed to = move=20 forward with a contract. Councilor Gifford made a motion to accept Mr. = Fenney=92s proposal and have him act as the = ongoing architect.=20 Councilor Wilcox asked if = the fees=20 outlined on the proposal ($53,400) are in line with the original = proposal. Manager Doane stated they = were. Councilor Emerson stated that = he=20 questioned if there were going to be additional fees for permits = required for=20 disturbing wetlands on site and discharging storm water into the = Penobscot=20 River. Councilor Emerson = thought=20 that the original proposal included drainage analysis. It was his = thought that=20 the wetlands were not going to be disturbed. Manager Doane stated that = because of the=20 change in funding source, there may be a small amount of wetlands=20 disturbed. She reminded = Town=20 Council that when the Town was pursing funding through USDA they did not = allow=20 any wetlands to be disturbed, however funding through Merrill Merchant = has no=20 such requirements, therefore the cost of the project may be lower as it = will not=20 be necessary to build a retaining wall at the pond area, they may be = able to=20 fill a small amount to allow for the entrance. Councilor Emerson stated that = the=20 drainage study is typical engineering project, and would expect that it = would be=20 done as the site design. = Manager=20 Doane stated that the issue could be tabled; there were no formal = acceptance of=20 Councilor Gifford=92s motion. =20 Councilor Emerson asked for further explanation to what extent of = the=20 wetland disturbance/permit included in the proposal, in addition if the = drainage=20 analysis is included in the fee or is that above and=20 beyond. Councilor Emerson = made a=20 motion to table matter for more information, seconded by Councilor = Wilcox, no=20 discussion vote 5/0.

Code Enforcement Charles = Norburg=20 provided Manager Doane with pictures regarding 114 Cram Street = fence. He has stated that if the Town = Council=20 wishes to do something regarding the fence they could claim that the = fence is a=20 =93spite fence=94 as it is 6 feet or taller. She further added that = the only=20 people that can make issue with the spite fence is the neighbor, Mr. = Norburg=20 explained that the Town may be considered neighbors as the fence abuts = the=20 roadway. Manager Doane would like to know if the Town Council would like = her to=20 move forward with a legal opinion regarding this issue. Councilor Wilcox stated = that she=20 has a problem with the entire property, it seems very questionable and = that the=20 Town should get the attorneys opinion. =20 Councilor Gifford and Woods agreed that consulting the attorney = on the=20 issue was necessary.

New Business: = None

Unfinished Business: Councilor Emerson asked if = the Town=20 Council had a chance to review the information presented by Manager = Doane=20 regarding the performance bond guarantees. Councilor Wilcox asked = if any=20 change would be an amendment, Manager Doane stated it would be an=20 amendment. Councilor = Emerson stated=20 that he felt it was important and necessary to have inspections of the = roadway=20 during construction and paving. =20 Councilor Gifford pointed out that the amendment needs address = that the=20 town choose the engineer and the developer is = liable=20 for the payment of that engineer. =20 Councilor Wilcox asked if the road acceptance policy would have = to be=20 changed. Manager Doane = stated the=20 policy was recently changed to read that the road meets the requirements = of the=20 subdivision ordinance in which the subdivision was approved; therefore = no change=20 would be necessary. = Town=20 Council agreed that the issue needs to be addressed and amendment = done. Manager Doane stated the = planning board=20 is scheduled to meet on August 20^th and she will be out of = town, she=20 therefore will draft a memo to the CEO before she leaves tonight asking = them to=20 address the issue.

Councilor Emerson asked the = Town=20 Council if they had read the proposed land use ordinance and asked for=20 comments. He further = stated he had=20 several comments and thought that a joint meeting was needed with the = planning=20 board and Town Council. = Manager=20 Doane and Councilor Emerson reviewed some of the points that need to be=20 addressed. Manager = Doane=20 stated she will direct the CEO to schedule a joint=20 meeting.

Municipal Warrants: Councilor Coulter made a = motion to=20 accept municipal warrant number 13 in the amount of $3816.50 and warrant = number=20 14 in the amount of $21,304.86, seconded by Councilor Gifford, no = discussion=20 vote 5/0.

Next Meeting: Next meeting was set for = September 1,=20 2009 at 6:30 p.m.

Adjourn: Councilor Wilcox made a = motion to=20 adjourn seconded by Councilor Emerson, seconded, = no=20 discussion, vote 5/0.