Approved Minutes
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Call to Order
The regular monthly meeting of the Board of Trustees of the Brunswick Sewer District was called to order by Chair Priest at 6:40 p.m. on Monday, 11 May 2009, in the conference room at District offices. A prepared agenda was noted and the meeting was recorded.
Members present: Chair Priest, Trustees Boochever, Green and Schwindt.
Others present: : General Manager McVey; Assistant General Manager Blanchette; Finance Manager Nuttelman; David N. Barbour, former Trustee, Brunswick Sewer District; Kathleen B. Tyson, CPA, Runyon Kersteen Ouellette (6:40 – 7:50 p.m.); four parties having interest in property at 2 Riverview Drive, including Kathryn Bollinger, current owner, Andrea Galuza, realtor for the seller, the prospective buyer for the property, and the realtor for the buyer (all 7:33 – 8:42 p.m.); camera operator Hedy Blauvelt.
Welcome of Former Trustee
The Trustees welcomed former District Trustee David N. Barbour to the meeting. Former Trustee Barbour served from 1985 through 1995, for much of that time in the capacity of Chair of the District Board and Chair of the Building Committee to upgrade the Treatment Plant from primary to secondary level treatment.
Minutes of Previous Meetings(s)
The Trustees reviewed minutes of the 13 April 2009 regular Board meeting.
IT WAS MOVED BY TRUSTEE GREEN, SECONDED BY TRUSTEE SCHWINDT, AND UNANIMOUSLY VOTED BY THE TRUSTEES PRESENT, WITH TRUSTEE BOOCHEVER ABSTAINING, TO ACCEPT AS PRESENTED MINUTES OF THE 13 APRIL 2009 REGULAR MEETING OF THE BOARD OF TRUSTEES.
Public Comment
The Finance Manager noted contact by a ratepayer questioning the fee charged for insufficient funds. Several members of the public were present at the meeting, as noted above.
Treasurer’s Report
Financial: Board Treasurer Green reported that he has examined unaudited financial statements at 30 April 2009, prepared by District staff. A copy of the Variance Analysis is included in these minutes and adopted by reference. The Trustees again discussed the accounting means by which developer-constructed facilities are accepted by the District. Given the difficulty the current method creates in establishing comparisons and determining current status, staff is seeking an alternative method of presentation that is in keeping with accounting practice.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 checks, 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.
Auditor's Report at 31 December 2008
Kathleen B. Tyson, CPA, with the firm Runyon Kersteen Ouellette of South
Portland, Maine, auditors to the District, reported on the audit by her
firm of District financial operations at 31 December 2008. She reviewed
for the Trustees audit responsibilities, scope and timing of the audit,
management representations, adjusting journal entries, significant
findings, and Management’s Discussion and Analysis. The audit was
conducted in accordance with generally accepted accounting principles and
auditing standards for governmental entities, and no difficulties were
encountered.
Ms. Tyson briefly reviewed the financial statements and notes
to the statements, as well as reports on internal control and compliance,
noting that the audit revealed no matters involving internal control and
no instances of non-compliance considered to be material weaknesses. The
Auditors’ opinion as a result of the audit is that the statements present
fairly in all material respects the financial position of the District at
the statement date.
Ms. Tyson next presented a series of reports graphically
depicting performance indicators reported in the financial statements,
including current assets, capital assets and long-term debt, current
liabilities, revenues, expenses, net assets, income by source, and net
income. Concluding her report, Ms. Tyson answered questions posed by the
Trustees.
Executive Session
At the request of the General Manager,
IT WAS MOVED BY TRUSTEE SCHWINDT, SECONDED BY TRUSTEE GREEN, AND UNANIMOUSLY VOTED BY THE TRUSTEES PRESENT TO ENTER EXECUTIVE SESSION AT 7:38 P.M. TO ALLOW BOARD DISCUSSION WITH THE AUDITOR OF A PERSONNEL MATTER UNDER M.R.S.A. TITLE 1, CHAPTER 13.405.6.A.
The meeting returned from executive session at 7:49 p.m. following discussion of a personnel matter. No action was taken during the executive session, nor any consequent to it. The Trustees thanked Ms. Tyson for her assistance, and she left the meeting at 7:50 p.m.Riverview Drive Parcel Property Boundary
Property located at 2 Riverview Drive and abutting the District’s Pine
Tree Road property is to be sold. Deed records indicate that predecessors
of the current owner purchased a small parcel of land from the District in
1960, as an addition to the original 2 Riverview Drive parcel, to permit
construction of a two-vehicle garage. A property survey performed recently
on behalf of the seller reveals that the garage encroaches on District
property by approximately three feet. The Trustees reviewed a report by
the seller’s surveyor which provides details of the boundary situation. It
will be necessary to resolve this problem in order for the property to be
sold.
Possible solutions to the problem include the District’s
conveying rights to the property by an easement, and the District’s
conveying title to either part or all of a 1,296-square-foot parcel for a
fee. At the request of the Board Chair, the General Manager has prepared a
report on his review of records on file with the Town Assessor’s Office.
These records offer details of the sale of similarly sized parcels located
elsewhere in town. The details include property size, location, and total
and unit sale prices for parcels sold between 2002 and the present. The
report indicates that similar parcels have been valued in the range of
$1.50 - $1.75 per square foot.
The Trustees and representatives of both the seller and the
prospective buyer engaged in a discussion of details of the question and
its resolution. At the conclusion of their discussion, it was consensus of
the Board members that the area in question has value and that it can be
conveyed to the current property owner for a reasonable fee consistent
with indications from the sale of other similarly sized parcels.
IT WAS MOVED BY TRUSTEE GREEN, SECONDED BY TRUSTEE SCHWINDT, AND UNANIMOUSLY VOTED BY THE TRUSTEES PRESENT FOR THE BOARD TO ENTER EXECUTIVE SESSION AT 8:23 P.M. TO DISCUSS A MATTER OF REAL PROPERTY UNDER M.R.S.A. TITLE I, CHAPTER 13.1.405.6.C.
The meeting returned from executive session at 8:36 p.m. following Board discussion of a real property matter under M.R.S.A. Title I, Chapter 13.1.405.6.C. No action was taken during the executive session.
IT WAS MOVED BY TRUSTEE BOOCHEVER, SECONDED BY TRUSTEE
GREEN, AND UNANIMOUSLY VOTED BY THE TRUSTEES PRESENT TO AUTHORIZE THE
GENERAL MANAGER TO NEGOTIATE ON BEHALF OF THE DISTRICT THE SALE OF
APPROXIMATELY 1,296 SQUARE FEET OF DISTRICT PROPERTY ON PINE TREE ROAD, AS
DELINEATED IN A SKETCH PLAN BY LIVINGSTON HUGHES SURVEYORS OF
KENNEBUNKPORT, MAINE, ENTITLED “PROPOSED LINE OF AGREEMENT, RIVERVIEW
DRIVE, BRUNSWICK, MAINE” AND DATED 01 MAY 2009, TO THE CURRENT OWNER OF
PROPERTY LOCATED AT 2 RIVERVIEW DRIVE, AT A FEE IN THE RANGE OF $1.50 TO
$1.75 PER SQUARE FOOT, TO INCLUDE DISTRICT LEGAL COSTS INCURRED IN SELLING
THE PARCEL; AND, WITH THAT ACCOMPLISHED, TO AUTHORIZE THE BOARD CHAIR TO
EXECUTE DOCUMENTS NECESSARY TO THE SALE OF THAT PARCEL ON THOSE TERMS.
Monthly Report of Operations
Total flow to the Treatment Plant for April 2009 was 123.000 mg, up
approximately 35% from the previous month. Flows of 17.2 and 10.5 mg for
the month originated with Topsham and the Navy Base, respectively. Average
daily flow for the period was 4.10 mgd, 106% of that allowed by permit,
which constitutes an exception to permit limits. Notice of the exception
was reported to MDEP. Maximum daily flow processed was 5.75 mg, which
occurred on 08 April 2009. Rainfall for the month totaled 5.2 inches, with
a daily maximum of 1.9 inches on 21 April 2009.
Septage receiving for the period totaled 125,750 gallons, up
216% from the previous month, a result of improved access with better
weather. Removal rates for BOD and TSS for the period were 90.4% and
87.1%, respectively, in compliance with the minimum 85% required for each
parameter by permit. A total of 138 cy of sludge was produced and trucked
for commercial composting, due to roads being posted for limited weight.
There were no bypasses or spills. All flow to the plant received full
treatment, and, with the exception of the 3.85 mgd hydraulic limit noted
earlier, all permit requirements were met.
General Manager's Report
The listing of District goals for 2009 was distributed.
District Administrative Division employee Lisa True has been appointed to full-time status following completion of the required six-month probationary period. Lisa serves in the position of Accounts Specialist responsible for collection of receivables.
The District has received approximately $7,800 in reimbursement for costs incurred during ice storms in December 2008. Application for reimbursement was prepared and submitted by the Assistant General Manager with the assistance of the Finance Manager.
Application has been submitted to MDEP for renewal of the District’s 5-year Maine Pollutant Discharge Elimination System permit. The permit allows discharge of treated municipal wastewater to the Androscoggin River. Application was prepared by the Assistant General Manager.
With the assistance of engineering and legal counsel, District staff is reviewing bids for construction of sewer improvements to School and Franklin Streets. The Assistant General Manager hopes to award a contract for the work in the next two weeks.
Annual Report of Treatment Operations: 2008
Copies of the Annual Report of Treatment Operations for 2008 were distributed. The report, prepared by Treatment Operations Division staff, is a compilation of data used to prepare the monthly reports to MDEP. Data of particular interest is highlighted in the report.Petition for Relief from Sewer Use Billing: Maplewood Mobile Homes, 155 Bath Road
The Trustees considered a request by Maplewood Mobile Homes for relief from sewer use billing. The request is based on a leak in potable water piping serving a mobile home park at 155 Bath Road. Details of the request were provided in a letter dated 01 May 2009. Although excessive consumption was discovered in December of 2008, the leak could not be located until February 2009, when it was promptly repaired. After reviewing the history of usage for the account, staff has concluded that the problem has affected billing for the third and fourth quarters of 2008 and the first quarter of 2009. Following discussion of the request and details of the situation leading to it, and on the recommendation of the General Manager,
IT WAS MOVED BY TRUSTEE GREEN, SECONDED BY TRUSTEE SCHWINDT, AND UNANIMOUSLY VOTED BY THE TRUSTEES PRESENT TO AUTHORIZE A ONE-TIME ADJUSTMENT TO BILLING FOR SEWER USE UNDER ACCOUNT 60030000000 AT 155 BATH ROAD IN THE AMOUNT OF $6,699 IN CONNECTION WITH A LEAK REPAIRED IN FEBRUARY 2009.
Conflict of Interest
The Trustees considered two letters of opinion on conflict of interest
prepared at the request of the District by legal counsel. These opinions
have been used as guidance in recognizing, declaring, and dealing with
real or perceived conflict of interest.
The first opinion was prepared by John F. Loyd, Jr., in 1989.
It notes that the vote of a governing body is voidable when any official
in his or her official position votes on any question in which he or she
has a direct or indirect pecuniary interest. It further notes that every
municipal official shall endeavor to avoid even the appearance of a
conflict by disclosure or abstention, or both. Finally, the opinion cites
procedures from statute to be followed in the event an official has or is
seen to have a real or perceived conflict.
The second opinion was prepared by Richard L. Hornbeck in
April 2009 as an update. It confirms findings and conclusions reached in
the earlier opinion, and notes there have been no changes in statute or
case law on the topic. The opinion goes on to discuss incompatibility in
office and special provisions for sewer districts.
Lien-Acquired
Property Policy
Recognizing the lateness of the hour and the importance of other deliberations,
it was consensus of the Trustees that consideration of proposed revisions to the
Lien-Acquired Property Policy be deferred to the next Board meeting.
Water Street Boathouse
After considering the information contained in the opinions,
the Trustees determined there were no conflicts to be declared at this
time. It was consensus of those present that District Board and staff
members remain alert to instances of real or perceived conflict, and that
they follow procedures outlined in the opinion letters when such a
situation may exist.
The Trustees heard a brief report by the General Manager on an expression
of interest by the Merrymeeting Rowing Club in erecting a boathouse on an unused
portion of the District’s Water Street Pump Station site. Trustee Priest
declared that he has a conflict of interest and stated his intention to abstain
from participation in any discussion or action relating to the question. The
Chair passed the gavel to the Vice Chair for conduct of this item.
The site is convenient to the section of the
Androscoggin River that is used by Club members for their rowing activities. The
Club formerly had but currently lacks a facility near water in which to store
rowing sculls. They envision a 60-by-25-ft barn-like wood-frame structure that
would be built at the Club’s expense in a corner of the District’s Pump Station
site, with separate secure access, and without limiting District activities on
the site. Club use of the facility would be governed by terms of a lease
agreement.
Discussion of the question generated a number
of questions. It was consensus of the Board members that the General Manager
arrange for a representative of the Club to be present at a future Board meeting
to assist the Trustees in considering the question further.
IT WAS MOVED BY TRUSTEE SCHWINDT, SECONDED BY TRUSTEE GREEN, AND UNANIMOUSLY VOTED BY THE TRUSTEES PRESENT, WITH TRUSTEE PRIEST ABSTAINING, TO TABLE THE QUESTION TO A FUTURE BOARD MEETING.
With conclusion of the Board’s consideration of this item, the Vice Chair passed the gavel back to the Chair.
Schedule of Upcoming Meetings, Events, etc.
| Trustees Regular | Monday | 15 June 2009 | 6:30 p.m. | |||
| Trustees Regular | Monday | 13 July 2009 | 6:30 p.m. | |||
| Trustees Regular | Monday | 17 August 2009 | 6:30 p.m. |
Remarks from the Chair:
Chair Priest thanked the Trustees for their assistance.
Adjournment
There being no further business before the Board,
IT WAS MOVED BY TRUSTEE BOOCHEVER, SECONDED BY TRUSTEE GREEN, AND UNANIMOUSLY VOTED BY THE TRUSTEES PRESENT TO ADJOURN THE MEETING AT 9:26 P.M.
Attest,
Peter F. Schwindt
Trustee Clerk,
Board of Trustees
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