On July 20, the Select Board made progress filling vacant committee positions, addressing paving project overage, approving revisions to town fee schedule, and tabling Casco Bay Trail Alliance resolution to schedule a public hearing. Other more significant business included receiving Town Manager resignation, declining to renew Maine Design Workshop contract and initiating discussion regarding moving meeting location.
Updated: July 27, 2021
This was an unusually lengthy meeting. Video of full session can be viewed HERE.
Monday’s meeting opened with an executive session followed by reading of Rosemary Roy’s (Town Manager) resignation letter. Roy was hired in 2014 and had been on medical leave since a dispute regarding call for an executive session at the April 12 Select Board Meeting. A June 7 Forecaster article referenced ongoing disapproval of Roy’s leadership by some North Yarmouth residents. Criticism stems from disagreement regarding lack of transparency on issues, such as the 2018 Comprehensive Plan and the Tax Incremental Finance District (TIF), that are perceived as distinctly changing the character of North Yarmouth. A Special Select Board meeting was subsequently called for July 23 to extend Debbie Grover as Acting Town Manager until August 5, while the Select Board searches for a permanent or interim Town Manager. During Monday’s regular meeting, questions about the hiring process and advocating for community input were voiced by Alicia Dostilio and Paul Napolitano. Brian Sites (Chair) committed to supporting best option to minimize time North Yarmouth is without formal leadership.
Fee schedule changes passed unanimously after a brief public hearing, as did meeting minute approval for Annual Town Meeting and July 14 Special Meeting. However, minutes for July 6 Select Board meeting were tabled due to need for possible corrections. Revised fee schedule is posted to the town website.
Public comments touched on a range of topics. Ongoing questions regarding the Town Charter, Comprehensive Plan and TIF were raised. Linc Merrill expressed concern about continued lack of transparency and a perception that “the town government doesn’t care about what people have to say about things.” Inconsistency and gaps of information defining committees, Board operations and within the Town Charter were noted.
Sites asked for community patience as he settles into the role as Chair. He further stated the Board must balance community pressure to get things done versus demands for more hearings and transparency. He acknowledged the Board has a lot of work to do. Hiring a new Town Manager will need to be top priority.
In response to Sites’s summary of Board role in governance of committees, Judy Potter questioned Town Manager authority to lead committee work. Sites had stated, “As a Board we don’t manage the staff. We don’t really manage the committees’ operations. That’s really a Town Manager position.” Selectperson, David Reed, asserted that committees report directly to the Board, and that the Town Manager is a resource to committees. Sites clarified that committees do report to the Board; however, the Town Manager gives input and provides oversight. Reed advocated for more overt Board control of committees to ensure they function to support Board goals and priorities.
Old Business – Appointments, Corrections and further Questions, Tabled Items, Auditor Vacancy
Other The Board corrected July 6 appointments to Economic Development and Sustainability Committee (EDSC) and Assessor. Per the Town Charter, EDSC terms should be for 3 years. However, a clerical error at the May 21, 2019 Select Board meeting resulted in Kit Maloney and Jason Perkins to be voted to 1-year terms. The Board voted to appoint Maloney and Perkins to serve the balance of original 3-year term, which expires June 30, 2022. Additionally, a review of all EDSC initiatives while their terms were expired will be conducted to ensure committee decisions are valid and allow for corrective action.
Board considered motion to recognize 1-year term for Assessor, rather than 2-year term, to comply with Town Charter specifications. Questions from previous meeting discussions still lingered regarding modifications to exemptions. Napolitano expressed confusion and frustration about the process and delayed resident notification. Mike Mallory questioned where does the value “go”? He asked, “What does the town get out of it?” Mallory further questioned whether this related to state valuation and will it affect the TIF. Jim Moulton (Vice-chair) agreed with residents’ frustrations, stating, “Maine Revenue Service sets the rate, but Board should know about it.” Motion was tabled and Board will invite Assessor to the next meeting to answer questions.
Sites requested creation of Housing Study Scope Task Force to be an Ad Hoc committee that works with the Muskie School. The scope of the committee will be investigating the current housing growth in North Yarmouth and develop a proposal to be presented to the Board in 6 months. The 8-member committee will include 2 selectpersons, Town Manager, Planning Board, EDSC and 3 residents.
Several committees are “in flux”, according to Sites, and need a new charter or do not have quorum. Committees still seeking members are: EDSC, Events Committee, Flag Committee, School Fund Committee, Recycling Committee (alternates), Planning Board, Zoning Board of Appeals. Residents are encouraged to consider volunteering to fill any of the current vacancies. Applications are available on the town website.
The Board approved committee appointments were as follows:
Parks and Recreations Committee: Laurie Gilman (2024), Kim Merrill (2023), Elise Kern (2022)
EDSC – Alicia Dostilio (2024)
Planning Board – Jeff Brown (2024)
Budget – Bill Young (2023)
Animal Control – Bobby Sillcot (2022)
Fire Barn Lease is under attorney review. Motion is tabled to next meeting.
Following the sudden resignation of North Yarmouth’s auditing firm, Berry Talbot Royer, the Town is scrambling to hire a replacement. The request for proposal (RFP) process must be completed by August 31 to give the new firm enough time to finish the audit by deadline. This will not be an easy task. Many municipalities conduct a pre-audit in May to prepare for the review. Currently, the pool of qualified auditors in the state is very limited.
New Business - Casco Bay Trail Alliance Resolution, Paving, Senior Housing, Town Planner Contract, and Meeting Location
At June 15 meeting, Dick Woodbury of Casco Bay Trail Alliance introduced a “rail trail” proposal designed to provide recreational connectivity between Portland and Lewiston-Auburn. Currently, the rail line is not active. Freight operator, Genesee and Wyoming, has an easement that has not been used since 2015. The easement is set to expire November 1, 2021. Casco Bay Trail Alliance would like to see this rail corridor converted to a multi-use recreation path that could connect to other recreation networks within the state.
Recently enacted legislation, LD1133 (https://www.billtrack50.com/BillDetail/1348968, outlines a Rail Corridor Advisory Council process that would help facilitate work. If convened, the 14-member council will study the feasibility of the project and make recommendations to the Department of Transportation. This advisory team will include representatives from multiple state agencies, a state tourism organization, the chamber of commerce, a rail preservation advocate, a recreation trail advocate and a municipality agent(s).
Casco Bay Trails Alliance is asking municipalities along the St. Lawrence and Atlantic rail corridor to pass a resolution stating that they will:
Petition the Maine Department of Transportation to
create a Rail Corridor Use Advisory Council to consider future use of the Casco Bay SLA Corridor as a multi-use “trail-until-rail," and
enforce the 2018 Amended Discontinuance Agreement, or, in the alternative, provide a notice-and-comment procedure to consider public comment before amending or extending that agreement.
Once created, municipalities along the rail-trail would be responsible for the trail. Woodbury stated previously that a multi-municipality authority would need to be established to manage and maintain the trail. Whether there is outside funding to build the trail or for future maintenance is not determined. It is likely North Yarmouth and other municipalities would need to commit to the project before being able to apply for state or federal grants.
Although there is positive response to potential for a bicycle and pedestrian trail, questions linger. The Board tabled the resolution to schedule a public hearing for the next regular business meeting. A number of questions and commitment to allowing resident input prompted the delay. This will also allow the Board to fully consider of necessity of the second stipulation of the resolution.
Of the eight municipalities with land along the corridor, only one has officially endorsed the proposal. Yarmouth Town Council passed the resolution on July 19. Both Cumberland and Falmouth Town Councils were expected to vote on the measure at their July 26 meetings. Cumberland Council took no action. Falmouth Council passed a revised version of the original resolution. Portland Sustainability and Transportation Committee voted on July 21 to recommend the resolution to the Portland Council. Five other towns with economic development interest in this project are also considering the resolution. Of those, Freeport has voted to approve the resolution.
Fund allocation for paving work on Mill Road was approved at the Annual Town Meeting. However, the revised estimate of $229,751.50 exceeds the budgeted amount by approximately $60,000. Only one contractor provides chip seal, and they are an approved town vendor. Timeline to get the work onto a paving schedule this year is limited. Mill Road is deteriorating quickly. The Board approved to waive the requirement for a bid process and will cover overages from undesignated funds or possibly road reserves. Other infrastructure projects discussed were the Sweetser Road culvert. The work is currently delayed while exploring possible $125,000 grant option.
Sites apologized for confusion regarding the reschedule of the Senior Housing Forums. He confirmed this is still intended to be a three-part series. The Board scheduled the first session September 11, 8 – 10 am. This will give the Board time to determine role of EDSC in the process and to finalize committee appointments.
Late in the evening, the Board voted to not renew the contract with Maine Design Workshop, the town planning consultant hired to implement the Comprehensive Plan. Funds were allocated at the Town Meeting to be used for additional consultant services, however, Moulton noted that the budget did not list a specific vendor and recommended not renewing the contract.
Much debate has happened in recent months regarding the effectiveness of the current town planner, Vanessa Farr. Selectpersons Paul Hodgetts and Reed have been very vocal in their disapproval. Apart from the disagreement on interpretation of Comprehensive Plan, questions about contract length were raised. Typical term is 1-year contract, yet the renewal was revised to extend for a 3-year term.
Moulton supported the need for a consultant and thought the budget, as approved, gave the Board flexibility to use the funds “as needed.” Line item 59.11 authorizes Board to contract with any vendor they deem qualified and appropriates $92,000 for “professional service, consultant, legal and other.”
Sites suggested the issue be tabled to allow for public input. “The town spoke at the Town Meeting. There was a chance to adjust this line item and didn’t. People have an opinion and need a forum to speak. This is not one-sided.”
At issue was whether the Town approved the continued employment of a specific vendor or was it a general support of the need for a consultant? Kit Maloney praised Farr as “an invaluable guide for EDSC.” She felt North Yarmouth residents had given overwhelming support at the Town Meeting. She viewed a push to not renew the contract with Maine Design Workshop as undermining North Yarmouth’s governance process.
Reed questioned whether the Town Meeting vote represented an accurate picture of resident endorsement of Farr. He noted that the recent election showed a broader support for a change in direction.
Other residents echoed Reed’s sentiment that he “can’t see a path forward with Vanessa that doesn’t end in more of what we have.” Linc Merrill stated, “If we are going to get past some of this ‘pain,’ I think we have to have some different consultants.” Merrill felt more work was need to find out what residents actually wanted. He noted residents who have expressed opposition are willing to work to help find solutions. Paul Napolitano thought the budget would be better spent on hiring someone to help guide management of the TIF.
Ultimately, the action failed. Board voted 3-2 to not renew the contract.
Final new business agenda item was considering future location of Board meetings. Historically, municipal meetings have been held at the town hall and which can accommodate up to 48 people. The space was renovated in 2017 to upgrade broadcast equipment. Costs were covered by a grant. Due to COVID, municipal meetings were relocated to Wescustogo Hall and require temporary A/V equipment.
While COVID gathering restrictions were enforce, Wescustogo Hall was closed to community use, so there was little impact to operations. However, with state restrictions being lifted, bookings are resuming. Community Center Directory, Lisa Thompson, asked Board to consider relocating meetings. A/V cords and equipment detracts from the marketability of the venue. Even so, Thompson expects bookings to resume pre-COVID levels this fall. She noted a bigger issue relates to setup for rentals, rather than potential client demand for Tuesday evening. Moving the equipment each time there is a rental is labor intensive. Plus, there is no suitable space to store equipment for the interim. Renovating the hall to add integrated A/V equipment is estimated to exceed $50,000 but could be partially recouped through rental fees. Research into updated equipment costs and possible funding is needed. Review of the budget as well as investigating legality of using TIF funds to cover work was endorsed by the Board. Sites determined that the Board should relocate meetings while exploring options.
The meeting closed with review of accounts payable. At the request of Hodgetts, Sites will ask for explanation of legal costs from Grover. Sites noted that North Yarmouth’s legal costs are pretty high. He is reviewing recent trends which will be an item for discussion at the next regular business meeting.