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									                                     SELECT BOARD
                                    Minutes of Meeting
                                 Tuesday, September 6, 2005


PRESENT:      Chairperson John R. French, Jr., Vice Chairperson Karen Grove, Secretary Sidney
              G. Lindsley, Karen Grove, James Kierstead, Town Attorney William Kelly, and
              Town Manager, Roberta Smith.
ABSENT:       Member: Parker Laite, Jr.

CAMDEN WASTEWATER COMMISSIONERS

   1. Consideration of the renewal application of George Haselton as a Master Drain Layer for
       2005.
MOTION by Mr. Lindsley seconded by Ms. Grove to approve the application of George
Haselton as a Master Drain Layer for 2005.
VOTE: 4-0-0

CAMDEN SELECT BOARD

                                          CONTENTS
   1. Public input on non-agenda items.
No one came forward to speak.

    2. Approval of Board Minutes of May 16, 2005, July 5, 2005, August 15, 2005.
MOTION by Ms. Grove seconded by Mr. Lindsley to approve the Minutes of the Camden
Select Board of May 16, 2005, July 5, 2005, August 15, 2005.
VOTE: 4-0-0

                                       NEW BUSINESS

    3. MDOT Route 1 project update: Roberta Smith
Met with MDOT officials last week for a pre-start update on the portion from Sea Street on out
to the middle of the project. This work on this portion is expected to last as late as November
30; the landscaping and the driveways won’t be done at this time - the major concern is getting
the water lines underground before freezing weather. They are behind because of the June rains.
In response to complaints about traffic control through the downtown area especially, there will
be two flaggers stationed full-time at two points along Main Street - one at the crosswalk at
Chestnut and one at the crosswalk at Atlantic Avenue. They will stop traffic to allow turns onto
and from Route One and try to keep the hold lines shorter to keep traffic from backing up at all
the intersections coming onto Route One. Because the work will be taking place further north on
Route One, traffic is not expected to back up through the middle of Town as often. The
Chamber website is linked to the MDOT website for better information sharing.

Chestnut Street will be closed to through traffic for one week as work is done to water and sewer
lines.
Camden Select Board
Draft Minutes of Meeting – Page 2
September 6, 2005

Ms. Grove: Asked about rumor that work will have to be re-done at the Route One intersection
near the library. Ms. Smith replied that work will have to be done when the new sidewalks are
installed, but other than that, she is not aware of any work that has to be re-done.

Lavana Snyder: High Street resident: asked if there are any timelines from now to completion.
The residents along the construction route want to know what to expect. Ms. Smith responded
that Steve Hall, the MDOT Site Engineer, could answer these questions. His contact information
is on the websites.

    4. Consideration of the Market Watch Pricing Agreement with Maine Power Options.
The Board had asked to reconsider their decision to participate in a Trigger Contract agreement
for the purchase of power at $.079/KWH or enter into a fixed price agreement. They reviewed a
memo to the Town Manager dated 09/06/2005 from Mary Lou Gallup, Program Officer for
Maine Power Options regarding options for contract participants. Mr. Lindsley does not think
that the current high prices for electricity will fall below the contract price offered by Maine
Power Options.
MOTION by Mr. Lindsley seconded by Ms. Grove to enter into a contract with Maine
Power Options for $.079/KWH.
VOTE: 3-1-0 with Mr. Kierstead opposed.

    5. Consideration of request of CRL Chamber of Commerce to close Public Landing for a
        Jazz Festival tentatively scheduled for August 19th – 20th, 2006.
Andy McPhearson, Chamber Executive Director, and Chris Rogers, event planner, were present
to being initial discussions with the Board about using the Public Landing for a jazz festival in
August of 2006. Plans for this event are just getting underway and use of the Public Landing is
crucial to the proposal. They want the event downtown instead of someplace like the Snow Bowl
so the event can benefit local shops and restaurants. They can see this becoming an annual event,
but don’t want to go forward if the Town is not behind them. Their plans call for closing the
Public Landing completely from Friday afternoon to Sunday evening in mid-August. If they
cannot obtain the permission of the Selectmen for this site then they probably won’t go forward.
An informal polling of merchants and day sailors has all but one day sailor in support even
though plans do not call for having the wharf roped off. They want the support of the local
community as well because there will be a big impact on traffic in Town that week-end. The
Board discussed their concerns:
Huge impact in tying up the Public Landing for such a long period of time, including loss of
parking at a very busy time of year. Why not use Harbor Park? That site will not hold the 3000 -
3500 people needed to make the event pay for itself. There are also ingress and egress problems
with using the Park. There will have to be an emergency vehicle lane kept clear at all times.
Noise: Music will end at 10:30 - 11:00 PM and that is late. Mr. Rogers replied that the stage
will face the buildings on the landing and that will help keep the sound from carrying too far.
Crowds at these events well-behaved but will have police presence of 10 - 20 officers for
security alone plus others for directing traffic. The Town will be compensated in part -- perhaps
in whole -- for the four additional police officers that will be required according to Chief
Roberts.
Camden Select Board
Draft Minutes of Meeting – Page 3
September 6, 2005

Trash: Volunteers will continuously clean the site during the day and evening then when site
empty each night.
Fishermen: Can’t lobster on Sundays anyway. Saturday they could load and unload across the
harbor.
Leonard Lookner: Waterfront Restaurant: Already two events that take up the Town Landing
during the summer. This is a very busy time of year and he doesn’t want to loose possible
business because of the crowds. Will the Town still have to pick up tabs for rubbish and for the
bathrooms?
Tom Fillip, Chair, Parking Traffic and Transportation Committee: will need a shuttle to provide
access to off-site parking. Where to park these hundreds of extra cars is a big question. He is
concerned about regular visitors to Camden being inconvenienced by these crowds as well.
Lex Bex, Captain of Betselma: Worried that the day sailors won’t be found by people who think
they have to pay to enter the Public Landing. They do a lot of spontaneous bookings from
people walking by - he fears they’ll loose that traffic.
Karen Rector: Camden Conservation Commission: Is concerned about the stress to the public
restrooms and problems with sewage.
Bernice Berger: Once a Tree: Good idea to regain some Town spirit with a fun event.
Mr. Kierstead: Asked how many come for the Arts and Crafts Week-ends; Mr. McPhearson
replied that it was about 5,000 - 6,000 over the course of three days. Many are locals but many
come from away.
Mr. French: Initially in favor but need much more information on logistics and expenses the
Town might incur. Wants comments from all Department Heads.
Mr. McPhearson: Asks if Board could give conditional approval so they could go ahead and
book the main acts - they need a lot of lead time to get major musicians.
Mr. Kelly: The Town will need information on the costs of additional policing, water demands,
use of Parks and Recreation properties, and stand-by fire and emergency personnel.
Recommends a $2M rider on the Town’s liability insurance policy with the Chamber picking up
the tab for the additional coverage. He also suggests the planners work with the PTTC
Committee re: their concerns.
Mr. French: Come back in two weeks with a written proposal that has been to all Department
Heads for their comments.

     6. Discussion of broadcasting of MSAD#28 School Board Meetings.
Mr. Lindsley wants to know what the School Board wants in order to broadcast their meetings.
Is it a meeting place -- he suggests offering them Opera House space. He has wanted this to
happen for ten years, and appreciates the support shown by Rockport Selectmen for televising.
MOTION by Ms. Grove seconded by Mr. Lindsley to have the Town Manger write a letter
to the School Boards of SAD 28 and the CSD offering meeting space for the Boards to hold
their meetings and be televised.
VOTE: 4-0-0

    7. Approval of the application from Central Maine Power for pole relocation on Chestnut
        Street in connection with the road improvement project.
Town Manager Smith informed the Board that a pole on the north side of Chestnut Street needs
to be relocated, at the Town’s request and at CMP’s expense, to the opposite side of the street
Camden Select Board
Draft Minutes of Meeting – Page 4
September 6, 2005

and out of the Town right-of-way. As is, it is in the path of street improvements being made to
that portion of Chestnut Street.
Abutter Leonard Lookner objects: He and his business partner, Sam Appleton, were not notified
in advance of the Town making this request to CMP, and he does not understand why not. The
pole will be relocated immediately in front of a restaurant located in a building they own. They
were told that the pole was being moved because there was no room for the pole in the Town’s
right-of way. Moving the pole across the street would require a guy wire because the pole would
be out of line with the others on either side. That guy wire would land in the Town’s ROW.
CMP said that the pole is in the way of water and sewer improvements, but those services are on
Lookner’s side of the street. CMP also said that they needed a straighter run for their lines and
this pole sits in too far - it would need a guy wire and there is no room. Mr. Lookner noted that
all of the power poles are on the north side of the street all the way up Chestnut and that this pole
is already out of line with the other poles but has no guy wire. In short - none of the reasons he
has heard for the move add up. What he believes is that the pole is being relocated for aesthetic
reasons only -- it will be right outside one of Richard Anderson’s new condos and the developer
doesn’t want it there. He believes that there is room to relocate the pole further away from the
building to get the straighter run CMP says they need, and he thinks it is unfair to move it solely
for the sake of aesthetics. Mr. Lookner also complained that the original meeting with CMP and
Town Officials regarding moving this pole included Mr. Anderson, but that neither Mr. Lookner
nor Mr. Appleton was invited even though their property was impacted.

Richard Anderson:
If the location of the pole is changed on his side of the street it would need a guy wire and there
is no room for that in the Town’s ROW. CMP cannot put a guy wire on his property. The
improvement to aesthetics will be made by the work being done to take power underground to all
of the new buildings on the old Y site.

Mr. French: On the June 30th plans for the work to Chestnut Street the pole was staying where it
is now. The approved plans of July 20th show that the pole was being moved.

Sam Appleton: There was a lack of civility in not mentioning this plan to either Mr. Lookner or
himself. He also does not understand why they were not invited to the meeting with CMP. He
asked for another meeting with the Town, CMP, Mr. Seibel, Ms. Smith and Mr. Anderson.

M. Smith needed the approval of the Board for moving this pole before the end of the week. Mr.
Kelly advised that the Board could hold an “emergency” meeting on the site notice is posted in
the Town Office. Ms. Smith will work with CMP to set up a meeting - possible Thursday
afternoon.

    8. Consideration of the following revocable license agreements:
John A. Johnson and Gale B. Johnson at 4 Bay Road for placement of granite curbing in town
right-of-way to correct drainage problems.
Jack and Kathy Dupree for underground utilities in the town right-of-way
47 Bayview LLC at 48 Chestnut Street for underground utilities in the town right-of-way
47 Bayview LLC at 50 Chestnut Street for underground utilities in the town right-of-way
Camden Select Board
Draft Minutes of Meeting – Page 5
September 6, 2005

Items 8.b, c, and d were Tabled for a decision at the Thursday meeting as well. These items will
be added to the posted agenda for the Emergency Meeting.

8a. John A. Johnson and Gale B. Johnson at 4 Bay Road for placement of granite curbing in
town right-of-way to correct drainage problems.
The Town Attorney is satisfied with the accuracy of the submission by the Johnson’s attorney
regarding this request. The Town will not be responsible for any damage to the curbing. Mr.
Seibel will check on the installation.
MOTION by Ms. Grove seconded by Mr. Kierstead to approve the request of John A.
Johnson and Gale B. Johnson at 4 Bay Road for placement of granite curbing in town
right-of-way.
VOTE: 4-0-0

    9. Consideration of appointments to the Blue Ribbon Economic Development Committee.
The Board considered a request made by Richard Anderson and Roger Moody in a memo dated
08/11/2005 regarding appointments to a newly formed “Blue Ribbon Economic Development
Committee”. The two recommended the formation of a “task Force” to “address the present and
future needs for community diversity in support of year-round employment and the business
community.” To that end they contacted several members of the community looking for interest
in serving on a committee of 10 - 15 citizens. The Town has received many Committee Interest
Forms as a result of these contacts. They have attached a list of recommendations for
membership and are here looking for the Board’s support.

Ms. Snyder noted the citizen’s initial comments were that the committee has a diverse make-up
and she asked if all the applicants were business owners. Mr. Anderson replied that the proposed
list contains 8 business owners and 9 non-owners. The first meeting is set for September 12 at
7PM in the Town Meeting Room.
MOTION by Ms. Grove seconded by Mr. Kierstead to accept the recommendations for
possible membership to the Blue Ribbon Economic Development Committee.
VOTE: 4-0-0

    10. Consideration of the following regarding the town owned lot on Mt. Battie Street:
Petition from neighbors:
Fifty neighbors had signed and submitted a petition asking the Board not to sell the Mt. Battie
Street lots because of concerns that commercial buyers will have only commercial interest in
residential land. They listed safety issues, environmental concerns and the fact that the lots act
as a buffer between commercial uses on Gould Street and residences on Mt. Battie Street. The
public was given the opportunity to comment:
Keith Cafferetta: If lots 111 and 112 were sold to the same commercial owner, they would be
legally combined and could be put to commercial use as a back entrance for deliveries and or
parking for the Megunticook Market. Residents in this area do not want the Gould Street
commercial district to encroach into their neighborhood. Neighbors want the Town to keep the
property and turn the governance over the use to the Conservation Commission.
Camden Select Board
Draft Minutes of Meeting – Page 6
September 6, 2005

Tom Hedstrom: These properties were put out to bid without any conditions except that the
Town retains access to maintain a drainage swale. Believes that the Town should put conditions
that limit use on the sale.
Ben Ellison: The property is non-conforming because it existed prior to the adoption of the
Zoning Ordinance. The Town should not be exempt from having to comply with the ordinance
and any new restrictions on use should apply and not be grandfathered.

Memo from the Conservation Commission:
Karin Rector, Vice Chair of the Commission, discussed her memo to the Town dated 09/01/2005
regarding the Commissions goal “to act to protect Megunticook River frontage whenever
possible.” They believe the Town should retain ownership of the river front property (Lot 112).
There is a year-round stream running through the property that is important drainage to the area.
The lots could be more heavily vegetated to provide better filtration for storm water and more
protection to the river from non-source point pollution. They should not be covered with more
impervious surfaces through development. In addition, selling the lots changes the goals of the
Town’s Comprehensive Plan to retain riverfront property to provide public access.

Ms. Smith informed the public that bids will be taken until September 19 and will be opened at
the Select Board meeting that night. The Board is not bound to vote to accept bids, and can
refuse any and all. It is not known if a decision will be made that night.

   11. Confirmation of the appointment of Charles Cawley to the Camden Public Library Board
       of Trustees as recommended by the Trustees.
MOTION by Ms. Grove seconded by Mr. Kierstead to approve the recommendation of the
Camden Public Library Board of Trustees to appoint Charles Cawley to the Board as a
new member, and to reappoint William Cagle and Carolyn Marsh for second terms.
VOTE: 4-0-0

   12. Acceptance of the resignation of George Grohs from the Camden Budget Committee.
MOTION by Mr. Kierstead seconded by Ms. Grove to accept the resignation of George
Grohs from the Camden Budget Committee.
VOTE: 4-0-0

    13. Consideration of appointment of Jean Belair to the Town Response Panel in connection
        with the Maine DOT’s Gateway I project.
Mr. Belair was recruited by the Downtown Business Group to serve this position. He has a long
history of involvement with local businesses, Town Committees and MDOT as president of
RTAC #5.
MOTION by Mr. Lindsley seconded by Ms. Grove to appoint Jean Belair to the Town
Response Panel in connection with the Maine DOT’s Gateway I project.

    14. Report from S.W. Cole Engineering concerning slab investigation at the Public Safety
        Building
The Board discussed the history of problems with S.W. Cole Engineering in the effort to fix the
drainage problems causing structural problems to the slab under the Fire Department’s portion of
Camden Select Board
Draft Minutes of Meeting – Page 7
September 6, 2005

the new Public Safety Building. Cole’s does not believe the water coming into the building is
entering through the crack in the floor that they attribute to shrinkage. Mr. Kierstead believes
they have missed identifying the cause of the problem which he believes results from the
existence of a natural detention pond in the ledge under the slab. He believes the only solution is
to create a drain to move the water collecting here away from the building. They will have to
break out part of the slab and create a drain to connect to the storm drain in front of the building.
Then that portion of the slab will have to be replaced.
Steve Gibbons, Fire Chief, agrees with Mr. Kierstead and informed the Board that water comes
into the building and doesn’t drain away. The engineers are blaming the problems on the weight
of the fire trucks, but the firm had the specs on the weight of the trucks when they did the
original engineering proposal. The firm also set the specifications for the repairs which have
failed.
Mr. French wanted to know what recourse the Town has since they did not have a contract with
Cole - the work was done as a “change order” based on the information from Cole’s. Mr. Kelly
replied that the Town will need someone knowledgeable -another engineer - to make the
argument that Cole’s engineers were wrong in their assessments. They must be able to show that
Cole deviated from industry standards and give him sufficient information to make the claims for
damages. Mr. Kierstead believes it can be shown that there is water standing under the slab by
inserting a pipe into the break in the slab and using this test well to monitor the water levels.

   15. Consideration of the renewal application of Donald Goldthwaite d/b/a Don’s Taxi at 15
       Thomas Street in Camden for a Taxicab Business License.
MOTION by Mr. Lindsley seconded by Ms. Grove to approve the renewal application of
Donald Goldthwaite d/b/a Don’s Taxi at 15 Thomas Street in Camden for a Taxicab
Business License.
VOTE: 4-0-0

   16. Consideration of the Taxi Operator’s License application of Donald Goldthwaite, driving
       for Don’s Taxi
MOTION by Ms. Grove seconded by Mr. Kierstead to approve the Taxi Operator’s
License application of Donald Goldthwaite driving for Don’s Taxi.
VOTE: 4-0-0

   17. Approval of short-term borrowing.
Action on this item is Tabled to the meeting of September 19, 2006.

    18. Approval of Executive Order to adopt the NIMS Compliance and Day-to-Day
        Emergency Operations.
The Homeland Security Act requires that all municipalities adopt the National Incident
Management System (NIMS) so they have “the capability to work efficiently and effectively
together, using a single approach to incident management.” Camden officials are being asked to
sign the Executive Order signifying their acceptance of this procedure.
MOTION by Mr. Lindsley seconded by Ms. Grove to approve the Executive Order to
adopt the NIMS Compliance and Day-to-Day Emergency Operations.
VOTE: 4-0-0
Camden Select Board
Draft Minutes of Meeting – Page 8
September 6, 2005

    19. Consideration of a supplemental tax request for the following real estate account for the
        tax year 2004-2005:
            a. Amy Foss at 18 Powder Mill in the amount of $140.42
MOTION by Ms. Grove seconded by Mr. Lindsley to approve the supplemental tax request
for the real estate account for the tax year 2004-2005 for Amy Foss at 18 Powder Mill in the
amount of $140.42

    20. Consideration of a tax abatements for the following real estate property for the year tax
        year 2004-2005:
           a. Amy Fowlie at 18 Powder Mill n the amount of $140.42
MOTION by Ms. Grove seconded by Mr. Lindsley to approve the tax abatement request
for the real estate account for the tax year 2004-2005 for Amy Fowlie at 18 Powder Mill in
the amount of $140.42

   21. Committee reports
There were none.

    22. Manager’s Report
Dividend Checks: The Town received two checks from the MMA from the risk pool. In
response a question, Ms. Smith informed the Board that the monies have already been budgeted
and are not available for the training required as part of NIMS.
Sexual Harassment Training: Arrangements are being made for additional semi-annual training
for Town employees.
Harbor Park retaining wall: This will be completed by the end of the week depending on the
weather.
Tannery Committee: A newly formed subcommittee will meet with Summitt Engineering on
9/15 at 7PM to discuss final site conditions once all the demolition has been done.

MOTION to Adjourn at 9:20 PM was approved.

Respectfully Submitted:

Jeanne Hollingsworth, Recording Secretary

								
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