SELECTMEN’S MEETING

APRIL 3, 2006

PRESENT:  Denise Lindahl; Dee Reid; Bill Kelly, Legal Counsel; Frank Therio, CEO; Barbara O’Leary; Ed Moran

CEO:

Frank gave the following report: (see attached)

1.                  Ken Jones’ barn will be removed by 5-1-2006.  He had been planning to remove it and will put up a new garage with 2.5 bays.  Frank stated there is no fee since the square footage is less than 400.  Denise questioned the no fee stating she thought there should be a fee for a new building.  Frank stated the garage will be the same footprint and historically has not charged a fee if the footprint remains the same.  He feels they are replacing an existing building and no fee applies.  Denise disagreed stating it is a much newer building and square footage on the permit is 768sf and should be assessed as such.  Frank stated no fee has been charged in the past, but this can be changed.

2.                  There has been no response from the letter sent to Bill Paige regarding the dangerous porch on the house that is partially collapsing.  He will try and contact Bill Paige to see what he plans on doing to correct this.  Frank noted at the least caution tape should be in place.  Frank felt Bill Kelly should be asked to look at this matter in regards to liability to the Town.

3.                  The top 10 Shore land Violations were submitted by Frank and will be placed in the Town Report.  Frank thinks this will help prevent problems before they happen if residents are aware of these common mistakes.

(Bill Magruder stopped in and asked permission to cold patch some of the worst potholes in Town.  Permission was granted for routine fixes.)

4.         The Northport Music Theater has proposed renovating an existing       barn for musicals.  Ruth Gelsinger has met with Frank and applied for a Special Amusement Permit.  Denise asked if they had a liquor license.  They do not and therefore are not required to have the SAP.     Frank will be sure codes are met for safety, lighting, noise etc.

5.                  The newest Dale Nealey subdivision on Pound Hill Road comes before the Planning Board on 4-11-2006.  Frank feels this is an illegal subdivision, as it does not meet subdivision lot size.  Frank also expressed his concern that the Planning Board Chairman, Jimmy Nealey, is championing this subdivision before the Planning Board on behalf of his brother.  Frank asked Mr. Kelly the ruling on the conflict of interest laws.  Mr. Kelly asked if the Chairman acted from the Board or as a resident.  Frank stated he sat with the Board and acted as Chairman.   Mr. Kelly stated conflict of interest would come into play if the Chairman had a pecuniary interest in the project, or a 10% interest.  This would fall under the threshold level.  It does appear the Chairman, who is also a realtor, has a conflict of interest in the matter and should not address the Planning Board in this matter as the Chairman.  Mr. Kelly stated he could step aside as chairman and sit in the audience as a resident and then speak on behalf of his brother, but not while sitting as Chairman.  Mr. Kelly also stated a conflict of interest would be present if the Chairman is representing his brother through his real estate business, in the sale of the lots.  Frank stated one of the Planning Board members, John Burgess, noted this conflict of interest and asked Jim Nealey to recuse himself entirely.

Frank went on to say the subdivision itself, in his opinion, is not legal since the lot sizes and road frontage do not conform to the subdivision ordinance.  Outside of the Planning Board meeting, Frank stated Jim Nealey approached Frank on behalf of his brother stating it is a legal subdivision.  This was one piece with the lot in the middle sold.  Dale Nealey now wants to subdivide the remaining land, but one lot does not have 250’ road frontage.  Mr. Kelly felt this was a legal subdivision, and just unusual in that the lots are not connected due to the sold lot in the middle.  He felt the end lot could meet the requirements if a cul de sac was put in place.  Mr. Kelly further stated it is up to Frank as Code Officer to make the final determination, since he is the person issuing permits.  Mr. Kelly felt a letter should be sent to Jim Nealey telling him to recuse himself from the discussion of his brother’s

 subdivision, since he is the Chairman of the Planning Board.  The Selectmen agreed a letter should be sent and Mr. Kelly will send the letter.

Frank presented the plan for the subdivision and pointed out the labeled ‘lot 1’ is part of the labeled ‘lot 4’ and cannot be sold separately.  Mr. Kelly agreed with this and said neither lot may be sold for 5 years under the subdivision rule, and should be thought of as one lot.  Mr. Kelly felt Dale Nealey should be made aware of the connection of these two lots.  It was AGREED Frank would discuss with Mr. Kelly the legality of the lot and mention this in the letter to Jim Nealey, along with his need to recuse himself from the matter, especially if he should represent his brother in the sale of these lots.

At this time Denise MOVED to enter Executive Session to discuss   legal matters.  2^nd and approved 3-0.

Out of executive session, no action taken.

Mr. Kelly stated in the Kennedy-Heim matter the fine was paid, as assessed by the court.  Concern was expressed regarding the letter the Kennedy-Heims have been placing in local newspapers.  Denise stated the CEO gave his report in open Selectboard meetings, not in Executive Session, and the CEO’s reports are attached to the public minutes of those Board Meetings.

Dee asked if a felon is able to hold office in Northport.  Mr. Kelly stated this should be addressed in the Administrative Ordinance under the recall process.

Barbara asked what liability the Town might be under if not allowing a person to vote who has indicated they are not a U.S. Citizen.  Mr. Kelly stated you must be a U. S. Citizen to vote and if the person came to vote they should be reminded of this.  If they insisted on voting the Challenged Ballot would come into play.  Barbara stated a resident changed their citizenship to non U. S. Citizen and she would like to send a letter explaining the consequences of this change.  The Selectmen AGREED the Registrar of Voters should send a letter and address this issue.

ROADS:

Denise asked if Ed had met with the Village Road Committee.  Ed stated he had and presented a color map of the roads in the Village outlining that maintains which roads.  He said the roads the Town maintains are basically the ones on the school bus route.  These roads include Broadway, Bluff, and all of Shore Road .  The Village would like the Town to maintain Cobe Road .  Mr. Kelly asked if these roads being discussed are private roads.  Dee and Ed stated they are public roads, except for Cobe Road , which is private.  Mr. Kelly stated no Town funds could be spent on private roads.  After discussion the following motion was made:

MOVED by Ed:  To have the Town maintain all of Broadway, all of Shore Road and Bluff Road , while not maintaining Cobe Road , and perform shared maintenance of the catch basins on these roads.    2^nd by Dee and approved 3-0.

Denise made the following motion:

MOVED to have a meeting this summer with residents of the Temple Heights Association regarding High and Mountain Streets, Temple Heights roads and rights of way, and establish a road maintenance plan.  2^nd by Ed and approved 3-0.

Liquor License Hearings:

Dos Amigos – Tara Warner present

The liquor renewal application of Dos Amigos was reviewed.  No members of the public were present.  Ed made the following motion:

MOVED:  To accept the liquor license renewal application as presented. 2^nd and approved 3-0.

Special Amusement Permit – Dos Amigos

The Special Amusement permit for Dos Amigos was reviewed.  Ed made the following motion:

MOVED:  To accept the Special Amusement Permit as submitted. 2^nd by Dee and approved 3-0.

Denise reminded Tara Warner to pick up the permit and submit it to the Bureau of Liquor Licensing.  In the past the Warners have not picked up the approved permit in a timely manner. 

Northport Golf Club:

The liquor license renewal application was reviewed with no members of the public present.  Ed made the following motion:

MOVED:  To accept the liquor license renewal application as submitted by the Northport Golf Club.  2^nd by Dee and approved 3-0.

Hideaway Diner: 

Ed Moran recused himself from voting and discussion as Owner of the business.

The liquor license renewal application was reviewed with no members of the public present.  Dee Reid made the following motion:

MOVED:  To accept the liquor license renewal application for the Hideaway diner as submitted.  2^nd and approved 2-0.

Special Amusement Permits (SAP)

Willy World:   The SAP for Willy World was reviewed with no members of the public present.  Dee Reid made the following motion:

MOVED:  To accept the application for the Special Amusement Permit for Willy World.   2^nd by Denise and approved 3-0.

Hellen’s Kitchen:

Barbara reported Gary Smith of Hellen’s Kitchen has asked if the SAP issued to Hellen’s in February needs to be renewed in June when they renew their liquor license.  Hellen’s has submitted their liquor license renewal application and submitted a Special Amusement Permit also.  Denise stated all businesses holding liquor licenses will be renewing their Special Amusement permits at the same time they renew their liquor licenses.  Hellen’s will need to renew their SAP in June when they renew their liquor license. 

The liquor license application for Hellen’s was reviewed.  The SAP was reviewed with a question raised on ownership.  It was determined this discrepancy would not hold up the hearing process.  Barbara was instructed to send a letter to Mike Vellaro stating both applications have been accepted and the hearing will be held on May 1, 2006.

The following motion was made:

MOVED:  To accept both the liquor license renewal application and the Special Amusement Permit application for Hellen’s Kitchen.  2^nd and approved 3-0.

LD1:

Warrant articles for the upcoming town meeting were reviewed.  The warrant article addressing increasing the proposed budget for 2006 was reviewed.

Foreclosure:

Michelle Christian was present to respond to her letter concerning back taxes due on her property.  Barbara explained she sent letters to four residents in Town with unpaid taxes for several years.  The letter gave the residents one month to pay the taxes before the foreclosure process begins.   Ms. Christian’s property has been liened and no payments have been made since 2001.  Ms. Christian stated she had spoken with the previous tax collector and selectmen regarding her taxes and had been told not to worry about it.  Denise asked if she had filled out any paperwork for a poverty abatement or set up any kind of payment schedule.  Ms. Christian said she had not. 

Ed stated since the prior tax collector and selectmen are no longer here, we need to move forward.  Denise recommended Ms. Christian fill out a poverty tax abatement form for 2005.  Dee Reid also suggested Ms. Christian fill out an application for general assistance and she will review it and meet with Ms. Christian.  Ms Christian wanted to know if this would halt the town from taking her property.  Ed stated the forms needed to be completed first, but as long as she is working with the town and making a serious attempt to bring these taxes up to date, the selectmen will work with her.  Denise stated they need to review these forms and she must make arrangements to pay these taxes down.

It was AGREED Ms Christian would stop in the office on Tuesday and pick up the mentioned applications.  These will be reviewed at the next Selectmen’s meeting.  Ms. Christian was asked to come to the next meeting on 4/17/2006 to discuss the applications and possibly set up a payment plan.

Other Business:

Denise stated Chris Dunn, School Board Director, has offered to attend the 4/17 meeting to discuss the school budget situation.  Ed and Dee felt it was not necessary to meet with Mr. Dunn since there is a public hearing on 4/18/2006 with the Assistant Superintendent to discuss the matter.  Denise said she would let Mr. Dunn know it was not necessary for him to attend the meeting.

Barbara asked what times should be posted for the next school referendum vote on 5/2/2006.  It was AGREED to post the times as 8:00am – 8:00pm.  It was also AGREED to bill the school district for the expense of the ballot clerks, the registrar’s time and the ad for the paper.

Dee Reid made the following motion:

MOVED:  To open the polls for the school referendum on 5/2/2006 at 8:00am and close the polls at 8:00pm.  2^nd by Ed Moran and approved 3-0.

MSAD 34 SCHOOL PETITION:

Denise has not heard from the other towns circulating the petition to have tall school votes by ballot.  She will follow up with the other towns on the status of the petitions.

EMA

Dee stated the required mandatory NIMS training can be done on line rather than attending a workshop.  Dee, Barbara and Robin will do the training on line and Ed will go to a training workshop at a later date.

Denise presented the building fee schedule that was reviewed on 9/11/2001 by the Planning Board and approved.  A copy will be given to Frank to remind him of the fees already in place.

Moore ’s Septic Contract

The renewal contract from Moore ’s Septic was reviewed.  Dee asked what benefit goes to the town.  Barbara thought a discount is given to residents who use Moore ’s since the Town has a contract with them.  After discussion Barbara was asked to contact Moore ’s to find out how the contract works, how often the tanks at the office and fire station are pumped and if there is a break given to townspeople.

First Responders

Denise asked if the First Responders had started a payroll this year.  Barbara did not think they had but mentioned they had turned in their budget request for $12,500.  Since the budget process was complete, the request was denied for the additional $500 and the budgeted $12,000 will remain the same.

Internet

Ed mentioned an article in the Maine Townsmen regarding high speed internet.  One company, Mesh Air, was mentioned and Ed will contact them to get information on high speed internet for Northport.

Next meeting will be 4/17/2006 at 8:00am

ADJ

Barbara O’Leary