Town of Waldoboro
Board of Selectmen’s Meeting
Minutes
Tuesday, July 27, 2004
The Board of Selectmen met at the Municipal Building on Tuesday, July 27, 2004 at 6:00 p.m. to conduct town affairs.
Members present were Kathleen Blodgett, Rebecca Maxwell, Gordon Webster, Ellen Winchenbach, and Theodore Wooster. Staff present were Town Manager Lee Smith and EMS Director Scott Lash. Others present were Charlotte Davenhill, Sam Pennington, Steve White, Henry Meyers, Alan Lowe, Shelly Winchenbach and Bob Burke. Media representatives present were Art Myers representing the Courier-Gazette and Michael Colbert representing the Lincoln County News.
A. Adelphia Cable Television Franchise Renewal Proposal.
Chairman Blodgett called the public hearing to order at 7:00 p.m. Charlotte Davenhill, Chair of the Cable Consortium, then gave a brief overview of the organizational structure of the cable group and provided a handout of a comparison of the RFRP prepared by the Cable Consortium and the Adelphia response. She then read three letters provided to her from citizens unable to attend the public hearing this evening. She requested that the letters be entered into the record of the public hearing.
Steve White, a Waldoboro resident and founder of Taction, an incoming call center located in the village of Waldoboro, spoke about his frustration and observations of Adelphia’s poor audio and video quality. He presented a copy of his remarks to be entered into the public hearing record. He characterized chronic problems such as noisy video indicating inadequate off-air signal level at the head end, inadequate gray scale, low color saturation and a video disturbance causing annoying closely spaced angular parallel lines on several of the channels. He also pointed out co-channel interference creating varying degrees of video disturbance when another channel’s image floats through the picture. He stated that this is particularly disruptive when the offending channel’s sync pulses beat against or overpower those of the local channel.
According to Mr. White, when he reported these problems to the Adelphia staff, they sent a technician to his home even though he cleared pointed out the problem was at the head end. The technician had apparently not been given the appropriate information by the call center.
Mr. White went on to explain that many channels exhibit 60-cycle hum bars visible slowly rolling up through the picture and at times there is a 60-cycle “sparkle” visible flickering on and off and slowly rolling up through the picture. He has observed wildly varying audio levels from channel to channel. He presented a chart measuring the variation in audio signal, documenting Adelphia’s poor audio quality. Many signals derived from satellites exhibit black streaks when very bright picture elements exceed peak white and a similar problem often occurs with streaks in picture elements exhibiting highly saturated colors, especially red. Ghost signals are often present on local off-are channels.
Shelly Winchenbach, Adelephia Government Relations Manager, stated that digital channels will be available on August 11, 2004. HDTV service will be available for premium channels & PBS channels.
Sam Pennington expressed concern about the PEG access technology and cost as part of the negotiation process. Winchenbach stated that for live download sites it is necessary to bring fiber back to the nearest hub. She stated that drops had not been designed into the system for the live drops claiming that Adelphia didn’t know where drops would be located. She estimated equipment costs for live origination points to be between $5,000 to $7,000.
Winchenbach referenced a recent survey undertaken by a consultant hired by Adelphia, which suggested that customers are willing to pay only a nominal fee for PEG access. Smith asked for a copy of the questions asked and responses. Winchenbach promised to provide the survey findings.
The town manager expressed a desire for the contract to provide for universal coverage in Waldoboro but no less than the 9 homes per mile provided in the existing contract. The new Adelphia contract proposed 15 homes per mile, which is a step backwards. He also pointed out the need for cable communication links between all SAD#40 towns that currently have cable access including Warren, Union, Waldoboro and Friendship.
Alan Lowe pointed out the importance to local advertisers of their ability to focus resources on local markets without having to pay a higher rate to advertise beyond the Lincoln County area once the head end is located in Augusta.
Henry Meyers asked that C-Span be broadcast 24 hours per day instead of the current split channel configuration. Winchenbach stated that this would change to 24-hour coverage effective August 11, 2004. He also requested that the cable provider insure that the community has input into the selection of programming options, conducting written subscriber surveys at least every two years, and making the findings known to the Town.
Blodgett closed the hearing at 8:00 p.m. and thanked all participants for attending.
3. Consent Calendar
On motion Maxwell/Wooster, the Board VOTED: To approve the consent calendar as follows:
(Vote 5-0)
B. General Fund warrants (2004) - 52, 53, 53A and (2005) – 1 and 2.
C. Payroll warrants (2004) - 52 and 53 and (2005) – 1, 2 and 3.
D. Water Department Operating Warrant 42.
E. Water Department Capital Warrant 18.
A. MaineDot Gateway 1 Project Meeting Minutes.
On motion of Wooster/Winchenbach, the Board VOTED: To place copies of the meeting minutes provided by both Kathy Fuller (MDOT) and Susan Alexander (Planning Board) of the MaineDOT Gateway 1 meeting held in Waldoboro on July 14, 2004 on file. (Vote 5-0)
B. Letter from Peter Lynch re: Waldoboro Planning Board
On motion of Maxwell/Wooster, the Board VOTED: To place on file a letter from town attorney Peter Lynch relative to an investigation he undertook at the request of the Board of Selectmen concerning the Planning Board. Vote 5-0
C. Letter of Thanks from Loraine Montgomery.
On motion of Wooster/Maxwell, the Board VOTED: To place on file a letter from Loraine Montgomery thanking the board for their assistance.
D. Letter from Adelphia Announcing A Rate Increase.
On motion of Webster/Wooster, the Board VOTED: To place on file a letter from Adelphia announcing cable rate increase effective with the September billing.
F. Letter from MMA re: Boucher v. Town of Waldoboro Rule 80B Appeal
On motion of Webster/Winchenbach, the Board VOTED: To place on file a letter from MMA regarding the Boucher v. Town of Waldoboro Rule 80B Appeal.
G. Minutes of July 10, 2004 Midcoast MAIN Meeting. Russell Anderson re: CDBG Planning Grant.
Russell Anderson, Midcoast MAIN representative, has met with the staff at the Lincoln County Economic Development Office (LCEDO) to gather information about a CDBG grant to address an alleged long-standing concern for housing rehab on Gross Neck. The group would like to present an application for consideration to the Board of Selectmen for the March 2005 CDBG planning grant cycle.
Wooster questioned if anyone from Gross Neck had been contacted or expressed support for an application or express a need? Smith stated that the Town did a housing rehab program on Gross Neck about 10 years ago and suggested any planning study include a town-wide housing assessment study.
On motion of Wooster/Maxwell, the Board VOTED: To place the minutes of the July 10, 2004 Midcoast MAIN on file.
5. Committee and Department Reports—None.
6. Official Action
A. Act on Change Order #1 – Public Works Garage.
The public works garage project is complete except for paving. Pine Tree Engineering has prepared a balancing change order for the project which reflects an agreement reached between the owner (the Town) and the Contractor (Maine Coast Construction) resulting in a net change in the contract price of $11,946.60 and an extension in contract time of 115 days. A copy of the slab inspection report prepared by Pine Tree Engineering was also presented to the Board. The Town has retained $6,000 for final punch list items. The project budget has a balance of $41,043.10 as of June 30, 2004. This amount is set aside for final payment to the contractor and for paving.
On motion of Maxwell/Winchenbach, the Board VOTED: To approve Public Works Garage Project Change Order #1 in the amount of $11,946.60.
Waldoboro participates in both a Lincoln County and Rockland area salt bid and selects the best option. The Lincoln County salt bid was received on June 23, 2004. The Rockland area salt bid has not been received as of the meeting this evening. The Lincoln County bid reflects an increase of $11.82 (31.5%) over last year’s salt prices. The Town budgeted $41.20 for 2005. This may result in a cost overrun of $6,090.
On motion of Maxwell/Wooster, the Board Voted: To table award of the salt bid pending receipt of the Rockland area bid.
The Board was presented with two applications from citizens interested in serving on the Planning Board. The Selectmen need to fill one Planning Board position and one Board of Appeals position.
On motion of Winchenbach/Wooster, the Board VOTED: To invite the two candidates to the next meeting on August 10, 2004 for interview. Vote 5-0.
D. Act on Draft Tax Relief Resolution proposed by the City of Brewer.
Michael Celli, Mayor of the City of Brewer, has sent a memorandum to all Maine town and city governing boards encouraging the adoption of a resolution declaring their intent to dedicate a minimum of ninety percent (90%) and, if possible, a full one-hundred percent (100%) of any new funding made available to the town/city as a result of passage of referendum Question #1 directly to the reduction of the mill rate for its citizens and businesses.
On motion of Webster/Wooster, the Board VOTED: To table the request until the next meeting and, to further request documentation on level of support for the proposed resolution by other towns. (Vote 5-0).
E. Act on Draft MOU for EMS Services for Town of Warren.
EMS Director Scott Lash presented a draft Memorandum of Understanding for EMS services between Waldoboro and the Town of Warren. He explained that this MOU would formalize the informal arrangement approved in the past by the Selectmen. He stated that MMA Legal Services has reviewed and approved of the language contained in the agreement.
On motion of Webster/Maxwell, the Board VOTED: To authorize the town manager to execute the Memorandum of Understanding for EMS Service to the Town of Warren. (Vote 5-0)
F. Act on Blanket Letter of Approval for Bingo.
On motion of Webster/Maxwell, the Board VOTED: To approve submission of a “Blanket Letter of Approval” to the Chief of the Maine State Police consenting to applications for license to operate Games of Chance, Beano or Bingo for a two year period beginning January 1, 2004 through December 31, 2005 in accordance with Title 17, M.R.S.A. Section 313. (Vote 5-0)
G. Act on Earth Tech Contract.
The Water Committee recommends approval of a $190,000 contract for professional engineering services between the Town and Earth Tech, 500 Southborough Drive, South Portland, Maine. The contract includes an additional $30,500 for development of permanent wells. The purpose of the contract is the design and construction services associated with the installation of permanent wells, pump station and water transmission main for the Waldoboro water system. The contract is in accordance with the “Waldoboro Public Water System Request for Engineering Qualifications/Proposals New Well Station and Transmission Main Project.
The Town received four responses to the RFP on December 11, 2003:
Phase Dirigo Wright-Pierce Earth Tech Sevee & Mahar
Phase One – Groundwater Treatment $7,775 $15,105 $17,500 $14,310
Phase Two – Well Design & Site $42,280 $58,729 $41,500 $59,940
Phase Three – Transmission Main Design $40,480 $15,084 $26,000 $21,260
Phase Four – Construction Phase $189,980 $36,068 $38,000 $25,140
Resident Inspection n/a $45,000 $36,500 n/a
Total $280,515 $169,986 $159,500 $120,650
The Water Committee interviewed all firms responding to the RFP on December 16, 2003 but delayed making a recommendation pending additional groundwater pump testing of the Light site during the winter and spring of 2004.
On motion of Maxwell/Webster the Board, VOTED: To authorize the Town Manager to execute the contract for professional engineering services for the design and construction services associated with the installation of permanent wells, pump station and water transmission main. (Vote 5-0)
H. Act on Purchase & Sale Agreement for Light Property.
The Water Committee has completed negotiations for the purchase of 18.40 acres of property owned by Virginia Light and Margaret Light Burnham as shown on a survey plan entitled “Survey for Town of Waldoboro, Waldoboro, Lincoln County, Maine” by J.H. Mathieson Surveying PLS#2310 dated May 2004. This purchase includes a 40-foot right of way extending from the west side of the Wagner Bridge Road to the premises as depicted on the Plan. The total purchase price is $100,000. The purchase of this property is necessary for the new production wells and pump station for the public water system.
On motion of Wooster/Maxwell, the Board VOTED: To authorize the Town Manager to execute a Purchase and Sales Agreement for the purchase of 18.40 acres of the Virginia Light and Margaret Light Burnham property located on Wagner Bridge Road. And to further authorize a special town meeting at the municipal building on August 24, 2004 at 7:00 p.m. to act on the purchase. The purpose of the purchase is acquire land for the construction of a new production wells and pump station for the Waldoboro Water Department. (Vote 5-0)
I. Act on MMA Executive Committee Ballot.
On motion of Maxwell/Webster, the Board VOTED: To cast the ballot for the slate of officers as proposed for MMA Executive Committee. (Vote 5-0)
J. Act on MMA Legislative Policy Committee Ballot.
On motion of Winchenbach/Webster, the Board VOTED: To cast the ballot for candidates for the MMA Legislative Policy Committee for John Anderson, Town Manager of Boothbay and George Richardson, Chair of Selectmen, Westport Island. (Vote 5-0).
K. Act on MaineDOT Certification Form.
On motion of Webster/Winchenbach, the Board VOTED: To approve the MaineDOT Certification Form. (Vote 5-0).
L. Act on Copen & Lind Request for Additional Cable Negotiation Fees.
Charlotte Davenhill, Chair of the Lincoln County Cable Consortium, presented a request for $1,610.17 to complete the cable franchise renewal contract between the town and Adelphia. She stated that the consultants were delayed largely due to the bankruptcy proceedings of Adelphia and the extra time spent trying to retain Wiscasset as a member of the cable consortium. Copen & Lind has attended many more meetings than originally anticipated and presented a verbal request for $6,000 to complete the contract negotiation phase.
Ellen Winchenbach asked for a written request stating the reasons for the request and an itemized description of services to be performed.
On motion of Wooster/Maxwell, the Board VOTED: To table the request pending additional information. (Vote 4-1 Ellen Winchenbach opposed.)
M. Act on Town of Washington Conservation Commission Request to Conduct Groundwater Analysis Studies on Property owned by the Town of Waldoboro in Washington.
Bob Burke, representing the Town of Washington Conservation Commission, requests permission to enter onto property owned by the Town of Waldoboro to conduct a high yield acquifer study. He requested permission to install one to several test wells in locations away from access roads and areas not likely to be used for future sand and gravel operations. These wells would be used to measure water levels pump tests. The town manager requested written opinions from State geologists in terms of how any well head protection areas which might be necessary for use of the property for production wells would impact the use of the property as a future source for sand and gravel operations. Burke indicated that he would attempt to get opinions from the Drinking Water Program Geologist Andy Tolman.
On motion of Webster/Wooster, the Board VOTED: To table consideration of the Washington Conservation Commission request pending receipt of a professional opinion from the Maine Drinking Water Geologist Andy Tolman that the impact of any public water system well head protection requirement will not adversely impact the use of the site for continued sand & gravel excavation operations. (Vote 5-0).
N. Act on Ambulance Service Fee Schedule Revision.
EMS Director Scott Lash is requesting a revision of the Ambulance Service Fee Schedule. The last rate adjustment for ambulance charges was over two years ago. He stated that effective July 1, 2004 some areas, such as New England, have received a temporary Medicare adjustment until 2009. The adjustment is a “blend within a blend” but cannot be made retroactively. The effect of the proposal is outlined on the revised User Fee Schedule.
On motion of Maxwell/Wooster, the Board VOTED: To schedule the Ambulance Service Fee Schedule Revision for public hearing for 7:00pm on Tuesday, August 24, 2004 at the municipal building immediately following a scheduled special town meeting. (Vote 5-0)
O. Act on Water Department Enterprise Fund Reimbursements to General Fund.
Each year the town general fund incurs certain costs as a result of the operation of the water department enterprise fund. These costs include audit fees, insurance costs, legal costs, and administrative costs. The Selectmen must annually approve the reimbursement due to the general fund for the incurred costs. The total reimbursement due for the fiscal year July 1, 2004 through June 30, 2005 is $13,177.28
On motion of Wooster/Maxwell, the Board VOTED: To authorize the transfer of $13,177.28 from the Water Department Enterprise Fund to the General Fund for costs incurred by the Town in the operation of the water department. (Vote 5-0).
P. Act on QuitClaim Deed Releases.
On motion of Wooster/Maxwell, the Board VOTED: To execute quit claim deeds for the following properties for payment of delinquent property taxes: Kritz Meserve Heirs (Map R-4, Lot 44 located at 51 Atlantic Highway); Heidi Cioe Heirs (Map R-17, Lot 44 located at 2054 Winslows Mills Road); and Robert & Rita Bickford (Map R-20, Lot 24 located at 491 Chapel Road). (Vote 5-0).
7. Executive Sessions – None.
8. Adjourn
On motion of Maxwell/Winchenbach, the Board VOTED: To adjourn at 9:05 p.m. Vote 5-0.