SELECTMEN’S MEETING

March 6, 2006

PRESENT:  Ed Moran; Denise Lindahl; Dee Reid; Frank Therio; Larry Doucette; Barbara O’Leary

CEO Report

Frank Therio gave his report.  (Copy attached)

He has spoken with Richard Flewelling, a lawyer at MMA regarding abandoned roads and rights of ways.  Title 23, Sec 3028 states a road is abandoned for 30 continuous years, the property interest passes to the abutters.  If the Town does not accept a right of way it reverts back to the owner.

Frank has a survey from 1979 of Temple Heights and Saturday Cove Road and Cross Street .  Denise mentioned Bill Kelly was to be at this meeting to discuss road issues, but was unable to attend.  He will be at the next meeting on 3-20-2006.  Frank will keep the survey and give to Mr. Kelly at that time.

As noted as #1 on the CEO report, the Flemmings no longer own the property in violation and the new owner, Mr. Lipman was unaware of the violation or shore land zoning.  He will correct the violation by June 2006, as the violation stays with the property.

Dee asked how Frank planned on communicating the top code violations.  Frank stated he would send out with the tax bills a list of the top ten code violations in town that are easily avoided.

#2 Follow up on a report of human waste smell at the Else residence.  No human waste was found, but there was dog waste on the roof.   The person making the report also expressed concern for the elderly bed ridden woman living in the house.  This EMS person has notified adult protection services.  Dee asked what could be done with the home.  Frank stated the family does not have an acceptable septic system, but until it fails, Frank cannot do anything.  He has asked the health worker to report any health issue to him.

#3  Country Rose is no longer associated with Hellen’s Kitchen and Mike Vellaro.  She has reported various infractions to various agencies.  These issues are not related to the Town codes and must be followed up by the agencies already contacted.  Frank noted she and Mike Vellaro have ended their work on a bad note and the Town should not get involved unless there is a town violation.

#4  The Dan Small subdivision on Hart road has received final approve.

#5  Peggy Smith had applied for and was granted a second driveway to reach the lot behind her that she purchased.  The permit called for minimal tree cutting but many were removed in violation.  She must replace 18 trees.  Ms Smith is now in the process of selling the home and the violation will stay with the home if she does not correct it before being sold.

#6 Huning property was issued a work stop order for lack of erosion control.  This has been corrected.

#7  Frank has issued notices for expiration of building and septic permits.

#8  Frank has requested two additional vacation days.  He noted he has not asked for a raise in several years, but would like to increase his vacation days.   Denise said this would be discussed in the budget meeting.

Dee asked what the progress is with the Handler violation at the Shore Road property.  Frank stated Mr. Handler did not cut the trees and it is believed his neighbor did so to get a better view of the ocean.  Mr. Handler was going to speak with his neighbor.  The trees will need to be replaced.

Frank noted a dangerous structure on Beech Hill Road belonging to the Jones family.  The barn appears to be ready to collapse and is a hazard.  Dee asked is this is a code violation.  Frank explained as CEO he is responsible to report any dangerous, or hazardous, buildings to the Selectmen.  The Selectmen then can direct the CEO to address any of these hazards.

Dee asked if the porch at the Paige residence is a dangerous structure.  She stated it has  collapsed and the caution tape removed. 

MOTION:  MOVED by Denise Lindahl to have Frank Therio investigate the stability of the structures at the Jones and Paige residences.  Second  and APPROVED 3-0

Dogs

Miriam Newman was present to ask for an update on the dog issue with her neighbors the Carnahans.  Ed stated Raymond Tucker went with the information she provided at the last meeting and a court date has been set.  Dee asked if she had contacted the Town’s attorney, Bill Kelly.  She said she had to ask about the dog issue and she gave him the letter she had written.  Denise asked if she retained Mr. Kelly as her attorney in this matter.  Ms. Newman said she did not.  Denise explained Mr. Kelly is the attorney for the Town and works through the Select board, not individual residents.  Ms. Newman said she was not aware if this and would pay for any charge incurred from her visit to Mr. Kelly.

Ms. Newman then asked if Raymond Tucker was qualified to be Animal Control Officer, citing certification from the Animal Welfare manual.  Denise stated she thought Raymond has all necessary certification and training.

Ms. Newman then stated she feels this issue has been going on far too long and nothing is being done.  She felt she has not been informed and was unaware a court date has been set.  Dee disagreed, stating at the last meeting with Ms. Newman present, her documentation was given to Raymond with the directive to see the DA and have the summons issued.  Dee agreed Ms. Newman should have been contacted about the court date, but felt that would come from the DA.  Denise agreed stating the DA’s office would probably contact her, since she would be testifying.  Denise recommended she call Raymond or the DA.

Ms. Newman then stated Raymond never calls her back no matter how often she calls him.  Denise said she should continue to call Raymond, since he is the person she has been dealing with.  Ed said he would also mention to Raymond when he sees him, to call Ms. Newman.

School District

Larry Doucette was present to discuss the budget problems of the school district.  Larry reminded everyone the referendum will be 3-14-2006 and the hearing is 3-7-2006. 

Larry began by saying the $843,000+ asked for in the referendum, does not include the Medicare payment that will need to be paid back to the State.  The School Directors are not sure how or when this money will need to be paid back.  Denise asked if the Directors knew of this overspending and Larry said they did not.  Denise then said she felt they should have known as they oversee the Superintendent and the budget. 

Larry stated the Board must remain neutral in regards to the Superintendent and there are confidentiality issues.  Denise asked if the Board knew where he was and Larry replied they did not.  They only knew he was under medical care.  Denise said the Selectmen understand the confidentiality issue with the Superintendent but questioned who now speaks for the Superintendent and acts on his behalf for the District.  She feels personally, that if the Board did not know of any of these problems, they are part of the problem and they should all resign.  Larry said the Directors did not know the State funds were used to offset the overspending in the budget from the prior year.  Both Ed and Dee agreed with Denise that the Directors should have known what was happening with the budget and they are responsible.

Larry went on to say financial controls are being changed.  The financial director will now report to the Board of Directors at monthly meetings and give a financial accounting.  He stated the over runs of personnel were caused by the Superintendent re-instituting programs and personnel that had been cut during the budget phase prior to the summer.   The Superintendent had the authority to reinstate without approval of the Board.  Larry said this has now been changed and any cut made by the Directors can only be reinstated with approval of the Directors.

Larry also said the Board has sent out a mailing to all residents in the school district explaining the over runs.  The Selectmen noted no one in Northport that they were aware of has received this mailing.  Larry said he hasn’t got one either.

Denise felt it was time the Selectmen brought back the petition to the District towns to force the Directors to only pass a budget by ballot only.  Dee and Ed agreed this should be circulated again, noting last year Belfast would not circulate the petition and Swanville did nothing.  It will take all the town circulating the petition to get this passed.  Larry said if the petition got going he would bring it before the Directors for consideration.  Denise explained if all Towns have the petition, the School Directors must abide by the petition. 

Denise explained this would stop the Directors from meeting a few days after the budget is voted down, to meet and pass it with only a handful of people present.  She asked if the referendum is not passed, would the Directors meet and pass it on their own.  Larry stated since this is a bond issue, it will either pass or fail.  There is no other vote.  Dee asked what happens if this fails, how does the school proceed.  Larry was unsure, stating they would not be able to meet their financial obligations and contracts.  He felt it would void all contracts if the School District goes into bankruptcy.

He thanked the Selectmen for the letter to the editor regarding the school situation.  He encouraged the Board to attend School Board meetings on the 2^nd and 4^th of each month.  The Selectmen thanked Larry and stressed they were not shooting the messenger, but the entire School Board must be held accountable for the present mess.

Denise said she would resurrect the petition and present it to the Belfast City Council when they meet tonight with the School Directors.  Minor revisions were made to the cover letter for the petition.  The petitions will be presented at the May 9 School Board meeting.  She will request from each Town in the District that the petition be returned to her, or the Town Hall, by May 1^st.

Liquor License

Barbara noted Dos Amigos is scheduled to open on 3-15-2006 and their license renewal from last fall was never complete.    When submitted it was already past its renewal date and the Warners got an extension from the State Liquor License Board, pending approval of the renewal application.  Barbara sent a letter to the Warners telling them the application was incomplete and the hearing date would not be set until it was complete.  The Warners did not respond to the letter and the application is still incomplete.  Ed had questioned if the liquor license is now null and void and if they would have to go through a new application process.  Barbara wrote a letter to the Liquor Board but received no response.  Denise agreed to contact the Liquor Board and get an answer.  The soonest a hearing can be set is 3-20-2006.

Dave Staples Willy World has submitted an application for a SAO Permit.  The hearing will be set for the same day as the Dos Amigos hearing.  Dee asked what the time frame was for hearings.  Denise explained after a business has a license for 5 years, it is at the discretion of the Selectmen whether to have a public hearing for the renewal or not.  The Board agreed it would continue with hearings.

Transfer  Station

Tim Patten was present at the request of the Selectmen to discuss staffing at the landfill.  Tim stated Wellington Dunbar is back to work.  Richard Nealey had been filling in for him and can do so in the future if he is needed.  Barbara stated two people filled out job applications to work at the landfill.  Donny Patten will continue to work one day a week on Sundays and Tim felt two people during the week was enough for now.  He did request adding 2 hours on Fridays during the summer, being open 1-4pm, and possibly being open an additional hour during the week, 8-4pm.   Since this would increase payroll, the Selectmen said they would discuss this during their budget meeting following the Selectmen’s meeting.  It was also agreed to discuss to fees at that time.

Tim noted people have been bringing in large construction bags and only wanting to pay the lesser fee of $1 per bag.  This larger bag is $2 per bag.  When the weather allows, Tim will put up a bulletin board. 

It was agreed not to hire anyone at this time, but to keep the applications on file.  Barbara will write a letter to the applicants thanking them for their interest.  It was also agreed to use Richard Nealey when shorthanded.

Tim stated more dumpsters would be needed again this summer.  Denise mentioned Pine Tree has started adding fuel charges to their bill.  She will call them about this and request four additional dumpsters for the summer, in addition to the present eight.  If the hauling contract needs to be discussed, it will be at the 3-20-2006 meeting.

Roads & Bridges

Ed reported he and Bill Magruder did a review of work needed on the roads in Town.  Ed presented a list of roads by priority and the cost of work to be done on each road.  (copy attached) This list will be reviewed during the budget meeting.

Ed is proposing to keep the account balance the same as last year.  Ed noted the work to be done on the following roads:

Barbara asked if the numbers  Ed has can be used for the GASBY report Denise is doing.  Ed gave the following information on road work done in 2005:

            Shore Road:    Rt 1 to George Street                 $ 51,000.00

                                  S&S project to Sea Street                         24,000.00

                                 Cove Road to S&S Project                     102,000.00

            Cross Street                                                        29,000.00

            Bluff Road:      Shore Road to the Golf Crse           6,000.00

                                  Golf Course to pavement end         36,000.00

            Pound Hill:                                                            40,000.00   

                                                                                    $288,000.00

Ed stated he spoke with Bill about putting work out to bid for this year.  He explained this will take employees off the Town payroll and make them the responsibility of the contractor. 

Land Use Ordinance

The Site Plan Review  has not been accepted by the Planning Board, who feel it needs more work.  Denise stated they should have reported their concerns to the Select Board long before now, since they’ve had the plan for over a year.  She said it does not look like it can be brought before the residents at Town Meeting this year.  She will reconvene the Land Use Committee , and invite Eric Gallant to attend, as well as the Planning Board members, and see what steps need to be taken.  When a meeting date is set, a notice will be placed in the paper.

Candidate’s Night

The following people have nomination papers out for Selectman:

The following people have nomination papers out for Road Commissioner:

Papers are due back March 15, 2006.  Municipal elections are April 29, and the Town Meeting is May 1.  Candidate’s night is tentatively set for April 17, 2006, at the Fire Station from 6:00 to 7:30pm.  Denise will check with Mike Alley, Fire Chief, to be sure the Fire Station will be available.

EMA Director

Dee reported on the EMA meeting she attended.  Each town is required to have an EMA Director and a working plan in place.  Denise did not feel we needed another unfunded expense from the State.  She said Northport has mutual aid with Lincolnville and Belfast , we have a Contract with Belfast Ambulance, and the fire department and first responders are well trained.  Denise has been involved with emergency management for the last 25 years and feels the procedures are already in place.  She did not feel the Town needed a Director.  Dee and Ed agreed, but Dee stated this will be mandatory in order to receive any federal and state funds for disasters or emergencies.

Dale Rowley, new EMA Director for Waldo County , would like to have a Director for each of the 26 towns in Waldo County .  He did mention at the meeting, some of the smaller towns could have a joint director.   Dee questioned if an Assistant Director would be necessary also and what this cost would to the budget.  The Selectmen agreed the plan needs to be updated, but most of the procedures are in place.

After a lengthy discussion, it was AGREED Dee would contact Dale Rowley and invite him to an informational meeting here at the Town Office.  She passed out information materials regarding the emergency management plan and NIMS requirements. (attached)

Cemetery Bids:

Barbara reported a bid for cemetery work for this Spring was dropped off.  She noted the bids had not been placed in the paper yet.  Ed felt since bids have not been placed in the paper, it is an unsolicited  bid and not acceptable.  The Selectmen agreed, and refused the bid.

Other Business:

County Budget :  The County budget has been set for 2006 and Northport’s share is $85,377 higher than last year, for a total of $521,105.65.  This is a 16% increase from last year.

Town Valuation: the Assessors have completed their quarterly review for the Town.  They submitted a report of properties reviewed.  (copy attached)

Budget Committee:  Denise stated Northport has never had a budget committee, but it would be helpful to have in place for next year’s budget process.  This is also addressed in the Administrative Ordinance.

Next meeting:  3-20-2006

ADJ