SELECTMEN’S MEETING

MARCH 21, 2005

PRESENT:

Denise Lindahl; Paul Rooney; Ed Moran; Bill Kelly, Atty; Bill Magruder, Road Commissioner; Frank Therio, CEO; Mike & Helen Vellaro; Larry Doucette, School Board; Local Residents; Barbara O’Leary

The meeting opened with the hearing for a Lounge Liquor License submitted by Michael Vellaro for the Twin Maples Motel.  A member of the public submitted a petition signed by 66 Northport residents opposed to another liquor license in such close proximity to two establishments, Helen’s Kitchen and Nealey’s Store, just several hundred yards away who also have liquor licenses. Also mentioned were 4 or 5 other establishments with liquor licenses within a 4-5mi radius of the proposed license for the Twin Maples Motel.

Denise Lindahl asked Mike Vellaro to give over overview of what kind of business he sees at the Twin Maples and its impact of another business in Northport with a liquor license.  Mr. Vellaro stated the liquor license would be similar to that of Helen’s Kitchen, just up the street, which he also owns and has operated for the past year.  He did not see many differences in the 2 licenses, which are both Class 10 and they allow beer, wine and liquor to be served.  They also allow food to be served.  His motel will serve light food and drink for travelers staying at the motel.  He sees the ability to serve liquor as an enhancement to the business. 

Denise questioned why a Class 10 license and why not a lesser license.   Mr. Vellaro stated a lesser license would allow people under 21 to be present and he did not want to end up a baby sitter or have the motel a hangout for under age kids.  He has applied for licenses for eating and lodging and has these licenses.   Helen’s Kitchen has the same license except for lodging.  It also has an entertainment license.  When asked if he had applied for an entertainment license for the motel Mr. Vellaro responded he has and should have the permit approved within the next week.  Denise Lindahl questioned why when the application was first given to the selectmen a month ago and he was asked if there would be entertainment he said it would be only for weary travelers.  Mr. Vellaro stated this was an oversight and did not see that the liquor application was connected to the entertainment license.

Mr. Vellaro was then asked where the eating area would be and the entertainment area.   Ed Moran noted a diagram of the business was not submitted with the liquor application.  Mr. Vellaro stated this was an oversight.  The entertainment area, where he will have a big screen TV, will be in a function room on the left of the motel and a small area for eating will be in the middle.  A resident asked if there would be a stage built and he stated there would not.  There are 6 rooms for travelers, the eating area and the entertainment area.  Mr. Vellaro expressed his hope the motel would become a destination for travelers and hopes to put in a pool perhaps next year.  He would like to see this as a family destination spot maybe on their way to Bar Harbor or other places north. 

The size limit for seating was then discussed.   Mr. Vellaro stated he is licensed for 20 people in the eating area.  The Code Enforcement Officer, Frank Therio was then asked about the septic and if it could hold the different uses described.  Mr. Therio stated a septic design was submitted and required a variance from the State.  This would require input from the State Fire Marshall.  Mr. Vellaro stated he was to meet with the Fire Marshall last week, but the Marshall had to postpone the meeting.  Exits need to be clearly marked and seating requirements must be followed; 15sqft per person and 7sqft standing at the bar. 

Mr. Vellaro stated all necessary permits have been applied for.  A resident asked if this included an entertainment license.  Mr. Vellaro responded it did and this could be a singer, piano player, etc. and he is in compliance with the Entertainment License and all licenses he applied for are in place.

Another resident asked about parking at the motel and traffic coming in and out onto Route 1.  He noted the sign out front is for the prior business and this would require a change of use from the DOT.  Mr. Vellaro stated there is ample parking for the motel and did not see parking a problem.  The DOT will be looking at the ingress and egress of the motel and Mr. Vellaro will be meeting with the Fire Marshall next week.  He suggested people stop at Helen’s Kitchen to see what kind of establishment he is looking at.  The amount of food served is in line with the amount of liquor served.  Mr. Vellaro stated he currently has 5 liquor licenses and has not had any problems or violations.  Mr. Vellaro was asked what these licenses are.  He stated he has a beer and wine license and a liquor license for Helen’s restaurant, a beer and wine and liquor license for Nealey’s Store and a wholesale license for Nealey’s Store.  The last license means he can sell liquor to other establishments.

Denise Lindahl asked why the assault conviction listed on the applications for Twin Maples Motel was not listed on the application last year for Helen’s Kitchen.  Mike stated this was many years ago and he just forgot.

Bill Kelly the Town Attorney, asked when the application was submitted, there was no date on it.  The select board agreed it was submitted to them on 2/21/2005.  Mr. Kelly then proceeded to ask Mr. Vellaro several questions concerning the ownership of the motel as it applies to question 16 on the application.  Mr. Vellaro stated he bought the motel from Jane and Harold Nealey (his parents) in September 2004.  Mr. Kelly asked why a copy of the deed had not been filed with the application.  Mr. Vellaro stated it had not been recorded.  He then stated 8-10 years ago he bought Nealey’s Store from Harold Nealey and did not believe a deed had been field with that either; they have a verbal agreement.   Mr. Kelly then asked who held the mortgage.  Mr. Vellaro stated the Nealey’s hold the mortgage.  He owes his parents $200,000 with payments held off until 2007.  Mr. Kelly asked where the Promissory Note was for this money owed.  Mr. Vellaro stated there is no note, it is a verbal agreement but he hopes to file a deed soon.  He stated although it is verbal now, he hopes to put it in writing, but was unsure if his parents had put anything on paper. 

Mr. Kelly then asked about the conviction listed on the application.  Mr. Vellaro stated this was an incident that happened in his youth and has had no convictions since 1991.  Mr. Kelly then read from a criminal report four other convictions of Mr. Vellaro.  The criminal record of Mr. Vellaro obtained from the State of Maine , was then read and admitted into the hearing proceedings.  Mr. Kelly reviewed these with Mr. Vellaro who stated they were accurate and admitted he was convicted of assault in 1990 and 1991, convicted of furnishing liquor to a minor in 1991, violation of conditions of release in 1992 and disorderly conduct in 1992.  Mr. Kelly stated question 13 on the application asks for any convictions yet Mr. Vellaro only reported one.  Mr. Vellaro stated he thought you only needed to list one.

The lack of a diagram as requested in question 17 was also discussed.  Mr. Vellaro thought this applied to the safe place the liquor would be kept, not a diagram of the building.  He stated he could give a diagram without a problem.  Ed Moran stated the diagram is for the whole facility and should have accompanied the application as requested.

Another resident stated he felt the application was flawed and did not see how it could be considered complete with missing documents and wrong information given.  What is the process?  Mr. Kelly stated the applicant has 60days from the date of the application to appeal any decision. 

A resident asked if Mr. Vellaro needed the liquor license to run a 6-room motel.  Mr. Vellaro stated it would enhance the services offered.  She stated she has traveled a lot and stayed at small motels that did not serve liquor.  She then asked if he planned on having adult entertainment.  Mr. Vellaro then read from a prepared paper, that what kind of entertainment is not the issue here and the public approval is not required, he is here to answer questions regarding his liquor license application only.   She then asked how close the property is the local church.  Mr. Vellaro felt he was beyond the 300’ limit of the church and the other abutters are Jack Willis and Eunice Schleicher.

A resident asked Mr. Kelly if the application can be accepted as is since it seems to have many discrepancies.  Mr. Kelly responded the selectmen would have to decide if the responses are inaccurate and if false statements were made.  Another resident asked about legal ownership of the property and who can legally apply for the liquor license and who would be liable.  Whoever is listed on the deed of record would be liable and they should have been listed as the owners.

Mr. Vellaro stated there are 9 businesses in town having liquor licenses and none have ever been denied as far as he knows.  He felt he was being singled out for issues that are not a part of this hearing.   He again stated the application was filled out to the best of his ability. 

Denise Lindahl stated that in developing a Comprehensive Plan for the town, residents made it clear in that the rural character of the town should be maintained.  She did not feel the direction Mr. Vellaro may be taking the town is in keeping with that character.  Mr. Vellaro stated he was not there to address the Comprehensive Plan, but to address legitimate questions regarding his application for a liquor license.  Denise asked if he was aware he needed to notify the public of the entertainment license.  He did not.  She then asked if he intended to put in adult entertainment at the motel.  Mr. Vellaro read from his prepared paper that this was not the appropriate forum to discuss that issue and he was there to answer questions regarding his application for a liquor license.  He stated the hearing is for a liquor license not his type of entertainment.

Mr. Vellaro was asked if the liquor would be served to Twin Maples Motel guest only.  Mr. Vellaro responded that due to the nature of the license, anyone could stop for a drink and a bite to eat.  There will be separate rooms for eating and entertainment.  He would like to move forward with this application so he can get ready for spring and the upcoming season. 

Mr. Kelly stated the Board would have to decide if they have sufficient information from the application to make a decision.  Mr. Vellaro stated he could get proof of his ownership and supply a diagram.  He acknowledged he missed some information but completed the application to the best of is ability and will produce further documents if required.

Another resident asked Mr. Kelly to define legal standing.  This shows who owns the interest in a property, either by a deed or promissory note.  She then told Mr. Vellaro that the Board must look at all aspects of each issue brought before them, looking out for the best interest of the Town.  That is why they were elected by the Townspeople, to do what is right for the Town.   It may appear adversarial but personalities and preferences cannot come into play.  They must take the best action for the Town.

Ed Moran stated they must look at the concerns of the people in Town.  As the Select Board they have received many calls and had conversations with people who are concerned for the direction the Town may be headed if adult entertainment is allowed in Northport.  The Board must listen to the concerns of the residents.  He felt it was time a Special Amusement Ordinance should be drafted.  Mr. Vellaro noted the Board must listen to citizens of Northport but reminded the Board Northport did not have a Comprehensive Plan in effect.  Mr. Vellaro further stated the Planning Board did not require a diagram and did not think it was necessary for the liquor license.  Ed stated that if any changes are made they must go before Frank Therio, Code Enforcement Officer.  Mr. Vellaro again stated he did not plan on building a stage.

Ed Moran expressed concern about proof of ownership for the property.  Mr. Vellaro said he could produce something from the Nealey’s stating he is the owner.

At this time discussion stopped.  Ed Moran made a motion to close discussion.  This was second by Denise Lindahl.  And unanimously approved.  Discussion closed.  Mr. Kelly outlined the Finding of Facts to be followed by 28A Sections 653 and 654.

Selectmen than began deliberations with Paul Rooney expressing concern regarding question 20.  This was answered NO regarding financial assistance and holding a mortgage.  He also felt question 13 and 16 were answered falsely.  Ed Moran also stated he felt proof of ownership is in question.

Mr. Vellaro asked at this time if he could correct any of these issues now.  Mr. Kelly reminded Mr. Vellaro the open hearing was closed and it was now up to the Select Board to determine their findings based on the facts presented.

The findings of fact are as follows:

1. A MOTION was made the Board find as fact that Mr. Vellaro falsely answered Questions 13 & 20 on the application.  This is based on Mr. Vellaro’s statements that his criminal record contains 5 convictions, not the one conviction reported on the application.  This also is supported by Mr. Vellaro’s statements that the premises have a $200,000 mortgage to his parents, and his application states there is no mortgage.  This Motion was approved 3-0.

2. A MOTION was made the Board find as fact that Questions 16 & 17 on Mr. Vellaro’s application was incomplete.  This fact is based on Mr. Vellaro being unable to produce a deed, mortgage or promissory note for the premises on Question 16.  This is also based on failure to provide a description of the premises as required in Question 17.  The Motion was approved 3-0.

3. A MOTION was made to deny Mr. Vellaro’s application for a lounge liquor license based on the facts outlined above.  This Motion was approved 3-0.

A letter of denial will be sent to Mr. Vellaro.  Mr. Vellaro has the right to appeal to the State Liquor License Board and they will set a hearing.  Mr. Vellaro thanked the Board for their thoroughness and stated he will file an appeal.

Road Commissioner:

Bill Magruder asked for permission to grade and put gravel on Pitcher Road .  The roads are in bad shape and have been posted.  It was AGREED to do this work on Pitcher Road .

There is woodcutting being done on Pound Hill and the trucks were checked and do not exceed the 6ton limit.

Ed Moran asked Bill for a complete list of upcoming work he sees on the roads this year.  This will help prioritize work and help with the budget.  Bill will contact Lane Construction for prices on hot topping for this year.  Mr. Magruder stated priorities should be Bog Road , Shore Road and Cross Street .  He will contact contractors for work subbed out.  Shore Road should have a 2” shim coat and Pound Hill a 1” overlay.   Cove Road also has the base gone.  He will ask Lane for a cost estimate in 1mile increments.

RSMS had some information put into the program for last year but needs to be updated.

Problems in Bayside with the catch basins; the gravel has filled these in due to lack of aprons.  Proper ditching and culvert work needs to be done. 

Bill asked for permission to fill some spots with cold patch where needed.  He also stated there is about 8yds of mix available. 

CDGB:

Denise Lindahl spoke with John Fancy regarding the final payment from the CDBG.  He explained to Denise this was a retainer held back from contractors.  He said this is money due the Village and should be paid.

Ed Moran reminded the Board they had discussed this at a prior meeting and felt the money was not owed to the Village.  Has anything changed?  Paul Rooney also stated he felt the Town had paid all it should.  A discussion followed on what the Town has paid for.  These amounts do not add up to what the Village has for numbers.  It was AGREED to table this decision and talk with Vicki Eugley and John Fancy.

Cemetery Bids:

A notice for bids will be placed in the paper for work in the cemetery.  This work will need to be done before Memorial Day.  The work will be for spring mowing and clean up at the 5 cemeteries in Town.  A separate notice will be placed for fixing the stones and gravesites.  Bids will be opened for clean up and mowing at the 4/18 meeting.

Nomination Papers:

All nomination papers have been turned in.  It was AGREED to have a candidate’s night April 20, 2005 at the Fire Station at 6:30pm for the public to meet the candidates.  Coffee and cookies will be provided. 

It was also AGREED to hold a public hearing on April 11, 2005 at 7pm at the Drinkwater School to discuss the proposed Administrative Ordinance and the Special Entertainment Ordinance.  These Ordinances will be presented at the Town Meeting for approval.  Extra copies will be on hand at the Town Office.  Ed Moran suggested calling MMA and request a copy of the Road Commissioner Manual.  Denise also suggested starting to gather office procedures to put in an office procedural manual, which will be part of the Administrative Ordinance.

Election Day is April 30, 2005 from 8am- 6pm.  500 ballots will be printed.

After discussion there might be a higher than usual turnout, the following motion was made.  Ed Moran moved that the Town Clerk be allowed to print extra copies of the ballot should the need arise.  This was second by Denise Lindahl and approved 3-0.

At this time Mr. Vellaro returned to the meeting.  He gave the Selectmen a copy of a diagram of the Twin Maples Motel to be attached with his liquor license previously discussed.  He also gave the Selectmen his renewal liquor license for Helen’s Kitchen.  An ad will be placed in the paper for 2weeks regarding the hearing for the renewal.  The hearing for Helen’s Kitchen renewal liquor license will be at the next selectmen’s meeting on 4/4/2005.

Mr. Vellaro asked if a table could be provided at candidate’s night so he can place display information.  It was AGREED to provide a table and make it available for all the candidates if they wish to place informational material out. 

School Board:

Larry Doucette reported he has not been able to bring up at a school board meeting the intent of the Town to pursue leaving the District.  He asked if a committee had been formed.  Ed Moran reminded Larry the committee was formed and had met.  He was to bring to the Board the unhappiness of the Select Board with the School Board.  Denise stated she is still waiting to see something in the paper and hopes that Larry will bring to the School Board Northport is serious about leaving the District.  Larry said he will bring this up at the next meeting which is on Tuesday, 3/22/05.

Larry Doucette also mentioned to the Board if the budget is not passed in June, the School Board will meet the following day to make changes and that is usually when the budget is passed.  He asked that the word be put out for people to attend that meeting should be budget be shot down in June.

GASBY:

Denise passed out a handout of the report she did for GASBY.  This included finding all values and years purchased for the entire inventory in the Town.  Next year any capital purchases will need to be added to the list and all major road improvements.  This will be helpful in the future when going through the budget process.  Ed Moran thanked Denise for all her hard work in putting this information together.

OTHER:

Searsport will hold a hazardous material waste day on August 27, 2005 and has invited Northport to participate.  It was unanimously AGREED to participate since Northport has had good representation with this in other towns.

Foreclosure:  The Select Board unanimously AGREED to begin foreclosure proceedings on all liened properties with unpaid taxes from 1990 to 2000.  The Town Clerk was asked to put together a list of these properties.

CEO Expenses:  During the recent audit, the auditors recommended the CEO turn in receipts for his expenses.

It was also recommended that all road work be identified by job on all invoices which will help with better tracking for GASBY.

BUDGET:

At this time the budget meeting began.  Vicki will type up the accounts and their proposed amounts.

The Auditors recommended selling the Town’s stock and put the money in a CD or in one of the cemetery funds.  The Select Board agreed to sell the stock and reinvest the money. 

In an accounting matter, Vicki asked that the Board approved payment to the Cemetery Trust Fund the amount of $581.4 at Bangor Savings Bank.  Unanimously approved.

The Christmas is for Caring fund is an interest only fund and needs $322.84 to be deposited to bring the interest balance up to where it should be.  This was unanimously approved.

Next Meeting:

Warrant articles will be written

Discussion of change of fiscal year