Election of Board Officers

         In keeping with provisions of the District Charter, Chair Priest opened nominations for Board offices. Trustee Green moved to nominate the following slate of officers:

The motion to nominate the proposed slate was seconded by Trustee Barbour. No further nominations were forthcoming, and Chair Priest declared nominations for Board offices closed.

            IT WAS MOVED BY TRUSTEE BARBOUR, SECONDED BY TRUSTEE GREEN, AND UNANIMOUSLY VOTED BY THE TRUSTEES PRESENT TO ELECT THE NOMINATED SLATE TO BOARD OFFICE.

Minutes of Previous Meeting(s)

            The Trustees reviewed minutes of the 13 July 2009 regular Board meeting.

            IT WAS MOVED BY TRUSTEE BARBOUR, SECONDED BY TRUSTEE GREEN, AND UNANIMOUSLY VOTED BY THE TRUSTEES PRESENT TO ACCEPT AS PRESENTED MINUTES OF THE 13JULY 2009 REGULAR MEETING OF THE BOARD OF TRUSTEES.

Public Comment:  The occupants at 1 Robinson Avenue contacted District staff regarding sewer service to the property. Staff was able to resolve the matter

Treasurer’s Report

           Disbursements:  The Trustees reviewed weekly reports on disbursements for the preceding month. Payroll and payables disbursements were noted to have been issued on consecutively numbered instruments, and all vendors receiving payment were identified. Disbursements unusual in amount or purpose were discussed. Weekly warrants for general disbursements have been signed by the General Manager.

Report of External Investments Manager

            Messrs. Snow and Birmingham of Maine Bank & Trust joined the meeting for a report to the Board on the status of investments managed by their firm. Mr. Birmingham reviewed for the Trustees a statement on the strength of the Bank’s parent firm. He discussed various reports and economic data indicating the strength and stability of current markets and forecasts for economic performance. He then reviewed allocation, value, term, yield, and rating of the various instruments making up the District portfolio. Overall the District portfolio has performed very well during a difficult economic time. In contrast, earnings rates for certificates of deposit have remained very low with little sign of improvement.
            Mr. Snow noted that the practice of designing terms of the various investment instruments for availability of funds continues. He reviewed for the Trustees a section of the District Investment Policy relating to the classification of investment types and policy provisions regarding minimization of concentration risk. He asked whether the policy distinguished between instruments of the U.S. Treasury and instruments of agencies of the government.
            After hearing the report of the external investments managers in the matter of District Investment Policy provisions 6.A.2.b.i and ii regarding limitations and exemptions on investments in a single type of investment or a single issuer,

            IT WAS MOVED BY TRUSTEE SCHWINDT, SECONDED BY TRUSTEE GREEN, AND UNANIMOUSLY VOTED BY THE TRUSTEES PRESENT THAT THE CURRENT FORM AND DISTRIBUTION OF FIXED-INCOME INVESTMENTS IS WITHIN THE INTENT OF THE DISTRICT INVESTMENT POLICY AND ACCEPTABLE TO THE DISTRICT BOARD OF TRUSTEES.

            The General Manager was directed to include in the next Board review of the policy revisions to policy language that will clarify this question.
            Mr. Snow next discussed several possible changes to current investments that present the opportunity for moderately increased earnings with relatively little additional risk. It was consensus of the Trustees that further discussion take place before pursuing any of these options. District staff was directed to arrange a workshop for such a discussion.
            At the conclusion of the discussion, the Trustees thanked Messrs. Snow and Birmingham, and they left the meeting at 8:27 p.m.

Chair Priest declared the meeting in recess from 8:27 to 8:32 p.m.

Petition for Relief from Sewer Use Billing:  Wiese, 40 Baribeau Drive         

            The Trustees considered a request by Eric and Kari Wiese, owners of property located at 40 Baribeau Drive, for relief from sewer use billing. Details of the request were provided in a letter dated 10 July 2009. During a period when the house was not occupied, a break in an inside water pipe, possibly as a result of a heating system malfunction, resulted in discharge of a substantial quantity of potable water into the house. The letter notes that water discharged by the leak did not return to the sewer.

            IT WAS MOVED BY TRUSTEE GREEN, SECONDED BY TRUSTEE BARBOUR, AND UNANIMOUSLY VOTED BY THE TRUSTEES PRESENT TO AUTHORIZE AN ADJUSTMENT TO BILLING FOR TWO QUARTERS OF SEWER USE AT 40 BARIBEAU DRIVE UNDER ACCOUNT NUMBER 33348000003 TO THE MINIMUM CHARGE SPECIFIED IN THE CURRENT SCHEDULE OF RATES, IN CONNECTION WITH A LEAK DESCRIBED IN THE HOMEOWNER’S PETITION TO THE BOARD DATED 10 JULY 2009.

Lien-Acquired Property Policy: Proposed Revisions on Use of Proceeds

            IT WAS MOVED BY TRUSTEE SCHWINDT, SECONDED BY TRUSTEE BARBOUR, AND UNANIMOUSLY VOTED BY THE TRUSTEES PRESENT, IN THE SECOND AND FINAL OF TWO VOTES TO BE TAKEN, TO ADOPT PROPOSED CHANGES DATED 17 MAY 2009 TO THE DISTRICT LIEN-ACQUIRED PROPERTY POLICY.

           Lien-Acquired Property:  9 Garrison Street

            The Trustees heard a brief report by the General Manager on the status of a delinquent account for service to a residence located at 9 Garrison Street. A District lien on the property has now matured, and as a consequence the District now has claim to title to the property. District staff is communicating with a mortgage company that was previously awarded a judgment of foreclosure.
            In accordance with the District Lien-Acquired Property Policy, a letter has been prepared stating all charges due and demanding payment in full within thirty days, in return for which the District agrees to issue to the mortgage company a quitclaim deed waiving any title right to the property that the District may have. The mortgage company has agreed to pay any and all charges due upon receipt of a statement of account.
            Following discussion, it was consensus of the Trustees that the notice and demand for payment be sent to the mortgage company. If timely payment of the charges due is not received, the matter will be returned to the Board for determination of appropriate disposition.

            Acceptance of Constructed Wastewater Facilities:  MacMillan Subdivisions
           
             The Trustees considered the question of accepting constructed wastewater facilities serving several subdivisions in the Meadowbrook area developed by the MacMillan Company. The developer requested District acceptance of wastewater facilities serving the subdivisions in a letter dated 29 July 2009. The request covers approximately 9,000 linear feet of sanitary sewer pipe, 36 maintenance holes, and one submersible-type duplex pump station, collectively serving Blueberry Lane, Beech Drive, Baxter Lane, Chestnut Road (north and south), Sumac Drive, Alder Drive, Locust Lane, and Beech Drive Extension.
            The Assistant General Manager reported that sewers were designed and constructed to District standards, that the work was inspected at time of construction by District personnel, and that recent inspection of the facilities by the District found the lines and maintenance holes to be all in order.
            The Trustees discussed the request. During an extended period of operation by the District, no difficulties have been encountered with the facilities. District Rules & Regulations cite the District as the appropriate entity to own and operate facilities located in the public way. At the conclusion of Trustee discussion, the General Manager recommended that the Board consider the following resolution.

            Facilities Acceptance Resolution                                                                                                                                                            20 AUGUST 2009
            MacMillan III Subdivision, MacMillan IV Subdivision, and Beech Drive Extension                                                                                                BRUNSWICK, MAINE

        IT WAS MOVED BY TRUSTEE GREEN, SECONDED BY TRUSTEE BARBOUR, AND UNANIMOUSLY VOTED BY THE TRUSTEES PRESENT TO ADOPT THE PROPOSED RESOLUTION, CONTINGENT ON SECURING SATISFACTORY EVIDENCE OF TITLE RIGHTS IN INTEREST.

            The Assistant General Manager discussed with the Trustees the Maine Water & Wastewater Agency Response Network. MeWARN’s mission is to establish a framework within which mutual aid can be provided in an emergency situation to and by member organizations.
            A membership agreement has been developed to accomplish this goal. Under the agreement, assistance in the form of personnel, equipment, and supplies would be provided by unaffected member organizations to a member organization in need as a result of an emergency. The member agreement envisions that assisting organizations would be compensated for their costs incurred in mobilizing, assisting, and demobilizing. The agreement also provides indemnification for assisting agencies.
            The Trustees discussed the form and content of the membership agreement. Following their discussion, and on the recommendation of staff,

            IT WAS MOVED BY TRUSTEE BARBOUR, SECONDED BY TRUSTEE GREEN, AND UNANIMOUSLY VOTED BY THE TRUSTEES PRESENT TO AUTHORIZE THE GENERAL MANAGER TO ENTER AN AGREEMENT FOR MEMBERSHIP IN THE MAINE WATER & WASTEWATER AGENCY RESPONSE NETWORK.

Monthly Report of Operations

            Total flow to the Treatment Plant for July 2009 was 113.261 mg, up approximately 14% from the previous month. Flows of 14.5 and 10.0 mg for the month originated with Topsham and the Navy Base, respectively. Average daily flow for the period was 3.65 mgd, 95% of that allowed by permit. Maximum daily flow processed was 4.75 mg, which occurred on 25 July 2009. Rainfall for the month totaled 7.7 inches, with a daily maximum of 2.1 inches on 24 July 2009.
            Septage receiving for the period totaled 217,000 gallons, down 1% from the previous month. Removal rates for BOD and TSS for the period were 92.8% and 89.5%, respectively, in compliance with the minimum 85% required for each parameter by permit. A total of 183 cy of sludge was produced and trucked for future land application. There were no bypasses or spills, all flow to the plant received full treatment, and all permit requirements were met.

General Manager's Report

            District staff is working with representatives of the U.S. Navy toward renewal of the contract for service to Capehart military housing on McKeen Street. The new agreement will cover service for the period through departure of the Navy and closure of the Base and related facilities. The renewal will be completed by 10 September 2009.

            Accounts Receivable: The balance of a delinquent account for service to 163 McKeen Street has been paid in full, prior to the date on which a lien on the property was scheduled to mature. In a separate matter, payment of the balance of a delinquent account for service to the former site of Winner’s Sports Grill at 21 Gurnet Road has been settled by negotiation between the General Manager and attorneys for the business operator.  Payment of approximately $3,000 has been received, covering all outstanding charges for service to the Grill and the Atrium hotel and restaurant; under terms of the settlement, late fees and interest charges amounting to approximately $400 were waived. On the suggestion of the General Manager,

            IT WAS MOVED BY TRUSTEE GREEN, SECONDED BY TRUSTEE BARBOUR, AND UNANIMOUSLY VOTED BY THE TRUSTEES PRESENT TO ENDORSE THE NEGOTIATED SETTLEMENT TO SECURE PAYMENT OF DELINQUENT AMOUNTS OUTSTANDING FOR SERVICE TO THE FORMER SITE OF WINNER’S SPORTS GRILL.

Schedule of Upcoming Meetings, Events, etc.