South Berwick, ME - Town Council Minutes 05/26/2009

Chairman Jean Demetracopoulos called the meeting to order at 6:38pm. Those present included Councilors Michelle Kareckas, David Burke, David E. Webster, and Gerald W. MacPherson, Sr. Town Manager John B. Schempf was also in attendance.

2. Special Town Council 5-18-09: On a motion by Mr. MacPherson, seconded by Mr. Burke, it was unanimously voted to adopt the minutes as written.

-Congratulated the Town Clerk on obtaining her lifetime certification through the Maine Town and City Clerks’ Association. Note was made that she is the only Clerk from South Berwick do to so.

-Asked if the town meeting warrant had been mailed to residents yet. The warrant was delivered to the company that is mailing them on Friday, and should be in the mail in a couple of days.

-Stated that as a result of a couple of traffic study meetings a number of new ideas (experiments) will be implemented, initially on a temporary basis. Improvements to pedestrian safety and traffic flow were primary concerns.

-Business Directional Signs: Pre-existing signs are considered a pre-existing non-conforming use; and the signs for Salmon Falls Nursery are fine. The Planning Board has been asked if they would be willing to review the issue. Mr. Schempf added that there is no urgency for the review and the ordinance stands as is.

-Stated that the town meeting warrant should be in the mail soon. He added that the cost came to almost $1200, $500 more than the Council approved. $700 would come from the administration budget, $400 from postage, $300 from contracts. Mr. Schempf and Mr. Burke have agreed to cover the cost of the overage themselves.

1. Malcolm Kenney, Agamenticus Rd, asked if the Council had discussed setting up a special revenue account for the transfer station. Mrs. Demetracopoulos stated that the Council had not discussed it. Later in the meeting, Mr. Kenney asked if there are any plans to consider it. Mr. Schempf stated that he has plans to consider it.

2. Eric Pelchat, Front St, thanked the Council for putting the agenda supporting documentation on the website. He added that it was very helpful. Mr. Schempf stated that it is still being tweaked.

3. Karen Webster, Tamarack Dr, thanked the Manager and staff for putting the documentation on the website. She added that she would like to see the entire packet on the website. [The Council receives a weekly packet that contains various correspondence, board minutes, and information on current events] Mr. Schempf stated that only the agenda and its supporting documentation are being posted to the web. The entire packet will not.

4. Audrey Fortier, Rodier Rd, questioned the availability of the town report. It was explained that the report was expected for May 20th but were just received and are now available.

5. Ruth Boston, Emery’s Bridge Rd, asked for the status of the Balancing Rock and the development between Earls Rd and Belle Marsh Rd. No response given to the Balancing Rock. Mrs. Demetracopoulos stated that the proposed development off of Earls Road had been dropped; the property was sold to the Nature Conservancy.

6. Norma Tutelian, Butler St, congratulated the Clerk on achieving lifetime certification. Mrs. Tutelian asked for a total of legal fees for the current year. Mrs. Demetracopoulos stated they were $25,363. Mrs. Tutelian also questioned the enforcement of parking at the Young Street property.

7. Richard Clough, Academy St, asked for updates on the Great Works Bridge construction and the Comcast build-out. The bridge project is going out to bid soon and work may start in July. At the last meeting the Chair asked if a Comcast representative could be scheduled for a June or July meeting. Mr. Schempf stated that it is doubtful anyone will attend. He added that until they miss their commitment we can’t complain.

1A. Mrs. Demetracopoulos explained that FEMA Mitigation money is being applied for because of the concern with continual flooding and the effects on Emery’s Bridge Road. Public audience members expressed their concerns with the required match. Mr. Schempf stated that almost all grants require some type of match and he misspoke when he used the phrase “free money” at the last meeting. Terry Oliver, PWD, added that matching funds could include town equipment use and labor.

On a motion by Mrs. Kareckas, seconded by Mr. MacPherson, it was unanimously voted to authorize the Public Works Director to apply for a FEMA Mitigation Grant in the amount of $570,000 for the purpose of reconstructing the area referred to as White’s Marsh on Emery’s Bridge Road. Matching funds to come from the Capital Improvements account for roads.

1B. The Council discussed the Council Rules as listed in section 17 of the Administrative Code. Public concerns included accessibility to meetings and Council conduct and behavior. Council concerns included: cell phones in chambers, web posting, rules for boards/committees, how to address questions from the public during a meeting, increased posting of Council rules for the public, how to handle committee appointments, and improving the flow of the meeting in regard to public comment and the need to reduce redundancy.

1C. The Council discussed the necessity for instituting standardized rules for Town board and committees. The issues discussed included training for the Chairmen, standardization of by-laws and number of members, issuing clear and concise expectations, set procedures for posting agendas, taking and supplying minutes in a timely fashion, and Chairs reporting to the Council on a regular basis.

2A. Councilor Webster expressed his concern that the date the school board signed the warrant was missing. The Clerk stated that it was probably a clerical error and the date would be confirmed and completed.

On a motion by Mrs. Kareckas, seconded by Mr. Burke, it was unanimously voted to sign the warrant calling the SAD #35 Budget Validation Referendum on Tuesday, June 9th.