Town Council Meeting=

September 30, 2009

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

Unfinished Business: Councilor Emerson stated tha= t the Town Council would be discussing the unfinished business of the Jeff Morin/= Mark Gibson complaint with Town attorney Edmond Bearor; he further explained tha= t it was not a question and answering session, questions could be posed during t= he citizens request section of the meeting.   Mr. Edmond Bearor, municipal attorney asked to meet Town Council in executive session to advise them of their rights and duties. Motion made by Councilor Emerson to ent= er into executive session pursuant to Section 1 Maine Revised Statutes subsect= ion 405 subsection 6, seconded by Councilor Gifford, no discussion vote 4/0. Motion to exit exec= utive session made by Councilor Wilcox, seconded by Councilor Emerson, no discussion, vote 4/0.

Councilor Emerson stated the ne= xt item of unfinished business to discuss would be the land use violations. Manager Doane asked if there would be a= ny discussion regarding the Mark Gibson/Jeff Morin complaint, Chairperson Emer= son stated there would not be at this time. <= /span>Manager Doane stated that Mr. Bearor will be sending notices to the two violators, = Mr. Bearor clarified that it was alleged violators. He further explained that under the Bradley ordinance if someone’s y= ard is unkempt and qualifies as the definition of a junkyard they are entitled = to a two week notice of violations. A complaint has been drafted and the notices will be sent out stating they ha= ve two weeks to comply or willingness to comply with the request if not a Nove= mber 5 or 3 court date, which is a preliminary.

Citizens Request:   Jeff Morin provided Town Co= uncil with information regarding the complaint regarding Mark Gibson. At the recommendation of council a form= al complaint has been made to the Sheriff’s office regarding the assessor.    The Sheriff stated he was waiting to = find out what the Town was going to do. Mr. Morin further explained that he had received comments from citizens of Milf= ord, whether it is pertinent or not in the whole scheme of things, maybe pertine= nt to look into if you can the reasons why Mr. Gibson is not in Milford anymore. Mr. Morin stated he also = got a call from a local law enforcement agency, which was concerned about the “sa= me”, he had employee who entered into a property unauthorized, and that law enforcement agency terminated his employment.

Municipal Attorney, Edmond Bear= or stated he had contacted the sheriff’s office today, however was not success= ful in reaching Mr. Burgess.    Mr. Bearor suggested to Council that at the next meeting they enter into executive ses= sion which Mr. Gibson and Mr. Morin should they choose attend, that the issue sh= ould not be discussed publicly. Mr. Gib= son is contracted with the town, however he has all the trappings/markings as an employee and the Town should accord him the opportunity to discuss this mat= ter as the statue would allow an employee to have it discussed. Mr. Bearor further explained that if Mr. Gibson wished to have it discussed in public that can be done so, however at the very minimum should not be done tonight as there has not been significa= nt amount of notice. Addressing the n= eed for executive session provides adequate notice that the next meeting the To= wn Council will meet to discuss this matter further and the Council will decid= e if any further steps need to be taken.   Councilor Coulter made a motion to have the discussion placed on the agenda for the next meeting, the discussion to be in executive session, seconded by Councilor Gifford, no discussion vote 4/0.

Mr. Morin explained that he wou= ld be out of town that Tuesday. Mr. Bear= or stated he would meet with Mr. Morin and take any statements.

Mr. Morin asked if the Town Cou= ncil had gotten anywhere on solving the possible abatement issue. Manager Doane clarified that Mr. Morin = felt that his properties needed to be reviewed however did not feel comfortable requesting an abatement or interview with Mr. Gibson because of the possible conflict. Manager Doane stated that there had not been a resolve; she e-mailed the issue to Mr. Bearor this morning. Mr. Bearor stated Mr. Gib= son is only the assessing agent, ultimately the decision rest with the Town Counci= l; Mr. Gibson may make a recommendation. Mr. Bearor asked Mr. Morin if he was requesting an abatemen= t or the validity of the re-evaluation. Mr. Morin explained that the taxes have been paid, however he would = like to have the validity of the assessment of his three properties reviewed. Mr. Bearor stated he may like to have a= ll three properties reviewed, however it is up to the assessors or assessing a= gent if they agree. He further explaine= d that Mr. Morin has 185 days from the date of the tax commitment to make the appl= ication for the abatement; the tax commitment was August 4. Mr. Bearor suggested that the parties g= et through the discussion at the next meeting and make an application for abat= ement. Manager Doane stated that typically the process is that the property owner meets with Mark, he fills the abatement = form out and I present it to Town Council. Manager Doane stated she has an abatement form that can be provided.

Betty Agrell asked who was in c= harge of what. She explained that Mark s= tated that Missy is not in charge of him, and Missy told Ms. Agrell that the land should only have been assessed on the first year. Manager Doane explained that Mark does = not work for her; he works for the Town Council as the Town Council is the actu= al assessors of the Town of Bradley. = She further explained that the land re-evaluation was completed in 2006, it was= her thought that they were done completely therefore should not have changed. When she asked Mr. Gibson about changes= , he reported when he went out to review the buildings and he discovered a chang= e the land the value would change. Ms. A= grell stated she only wanted to know who he was accountable to; Chairperson Emerson expl= ained that Mr. Gibson holds a contract with the Town Council. Ms. Agrell further asked if anything co= uld be done regarding Greta Sproul, as she doesn’t take comfort in speaking out a public meetings and not having it be reported correctly. She stated in the past = she has contacted the Penobscot Times and was told that they would let Mr. Sproul know of the mis-st= atement. Chairperson Emerson stated he certainly= did not want to discourage citizens from talking, further explaining that we ha= ve note taking and a tape recorder running to try and take things verbatim what is printed in the press is not in our control.

Review of Minutes: Councilor Gifford made a motion= to accept the September 15, 2009 minutes as presented seconded by Councilor Em= erson, no discussion vote 4/0. Manager Doane gave kiddos to Virginia for doing 18 pages of minutes.

Manager’s Report: Manager Doane reported that she= spoke on September 17, 2009 regarding the proposed timeline and contract. He reported that they have measured the= pond at 16,400 square feet which is less than 20,000 square feet therefore making the pond a non-significant wetland. It is their opinion that the project can fill up to 4300 square feet with no permit, which is significant for the project. If additional fill is needed it would take the project to a tier 1 w= hich allows for up to $15,000 square feet, if the project requires that level it would be an addition $4000 ($1000 in permit fees and $3000 to engineer). Manager Doane stated that Mr. Fenney had submitted a contract today; however she did not submit it to Council as she= has not reviewed it yet. Councilor Eme= rson stated that that seems to be on the high end as the permit is $150.00 with = a 1 page form, narrative photos and a USGS sketch; he believes the engineering = and architect fees should be included in the project. <= /span>  Manager Doane will review this with Mr. Fenney and bring it back to Town Council.

Kevin Phin= ney was scheduled to appear on September 28 for the dog ordinance violation. Mr. Phinney= offered to plead guilty and adhere to the $100.00 fine.

Manager Doane received quotes regarding the road construction she wished to complete this year or early spring. These projects include Re-construction Penney Lane, Shim and Overlay of Deer Run Lane and Broad Street. The quotes she received we= re from Sunrise Material $76,735, Thibodeau $89,00= 6 and B&BPaving 77,556. Manager Doane stated she would like to do all three projects, further explaining that the budget calls for $108,000 road construction, obviously going with the Sunrise Material. Councilor Emerson noted that the Sunrise Material quote does not sta= te bumping or grinding of the road joints and Thibodeau is using a 1 ½” overlay rather than the others using a 1” overlay. Councilor Wilcox asked what would be on = the budget for next year, Manger Doane stated that the overlay of Highpoint Pla= ce and the rehabilitation of Bullen Street from Ro= ute 178 to Highland Avenue. Manager Doane stated she would get clari= fication on these quotes and bring it to the next Council meeting.

Chief Eric Gifford reported to Manager Doane that he had walked the property in which the fire station is = to be constructed. The number of trees to be cut were more than what originally thought. Chief Gifford is afraid that he will no= t be able to get adequate volunteers to complete the work. Chief Gifford does believe he can get t= he department to brush the site. He h= as contacted a licensed woodsman, and he has agreed to cut the lot for the wood. The only thing needed would = be a load or two or gravel to provide access for his machinery.   In addition Manager Doane spoke with R= obert Fenney regarding the placement of the entry way, it will be necessary to ap= ply for a Maine DOT entrance, which she will do. Town Council authorized Chief Gifford and Manager Doane to move forw= ard with finding a wood contractor to clear the property for the wood, adding t= he contractor needs to show liability and workers’ compensation insurance.

Manager Doane reported that the= new general assistance appendix are available it will be necessary to have a pu= blic hearing before the next scheduled meeting to accept these. She also reported that a public hearing= will be the same evening regarding winter parking bands.

New Business: Motion made by Councilor Emerson to approve abatements as presented by Assessing A= gent Mark Gibson Tori & Ann Bean Bradley Tax Map= 27 Lot 11-1 in the amount of $20,200, Ronald Cote Bradley Tax Map 1 Lot 1-57 in the amount of $3600 Benjamin Bradeen Bradley Ta= x Map 11 Lot 20-45 in the amount of $7500, Benjamin Bradeen<= /span> Bradley Tax Map 11 Lot 20-46 in the amount of $1300, Carleton & Betty Agrell Bradley Tax Map 19 Lot 17 in the amount of $2700, Carleton & Bet= ty Agrell Bradley Tax Map 9 Lot 3 in the amount of $1100, Alfred & Janet LeClair Bradley Tax Map 20 Lot 2-A in the amount of $4600, Maine Forest &am= p; Logging Museum Bradley Tax Map 7 Lot 12 in the amount of $26400, motion sec= onded by Councilor Gifford, no discussion vote 4/0.

Councilor Wilcox mentioned that= one of the new street lights on Ten Road were not on.



Municipal Warrants: <= /b>Councilor Coulter made a motion= to accept municipal warrant #26 in the amount of $5725.61 warrant #27 in the amount of $13767.60 the amount $16= 70.00 seconded by Councilor Gifford no discussion, vote 4/0.

Next Meeting: Next meeting was set for Octobe= r 12, 2009 at 6:15 p.m.

Adjourn: Councilor Wilcox made a motion = to adjourn seconded by Councilor Coulter seconded, no discussion, and vote 4/0.