SELECT BOARD MEETING

AUGUST 18, 2008

PRESENT:   Denise Lindahl; Paul Rooney; Craig Poulin, Chairman; Jack Driscoll, Town Administrator; Amon Morse, Road Commissioner; Peter Allen, NVC Representative; Barbara O’Leary, Town Clerk

Citizen Concerns:

Members of the Temple Heights Improvement Association (list attached) were present to discuss right of way issues within Temple Heights .  Letters of concern were also submitted. (Attached)

Craig Poulin began the meeting by stating the Board is aware of the various issues within Temple Heights .  Some issues are being addressed by the Town Attorney, others concerning the right of ways will need to be determined if they are Town rights of way or not.  Residents present were welcomed to state their concerns or have one person speak on behalf of Temple Heights .  Mr. Poulin also pointed out that if Jack Driscoll, a resident of Temple Heights wanted to speak for the Association, he should recuse himself as the Town Administrator.  When no one from the group came forward to speak on their behalf, Mr. Driscoll recused himself as Town Administrator and sat in the audience.

Mr. Driscoll then summarized the concerns of those present regarding the rights of way on 1^st, 2^nd, 3^rd, and 4^th streets within Temple Heights .  The issue surrounds the pedestrian rights of way and keeping them clear and unobstructed.  Mr. Larry Baggett had spoken with Code Officer John Larson regarding planting shrubs in his right of way.   Mr. Larson stated this would not be a problem since the Town did not maintain these and any rights probably expired 20 years ago or more.  Mr. Baggett then planted shrubs, which prohibited driving up the RoW.   A neighbor then allegedly drove over the shrubs.  Mr. Driscoll also explained there are only two residents who have the ability to drive up to their homes, Patricia Roberts and Marilyn D’Agostino, all others who are land locked must walk up the RoW. 

Craig Poulin stated this may not be a Town matter, but a civil one, stating these paper roads go back many years and the Town may have relinquished its rights.  The Board will have to speak with Town Attorney, Bill Kelly, and get advice on the issue. 

Ms. Roberts then spoke saying her family has owned the cottage since the 1950’s and there had been an unobstructed RoW until a septic system was installed at the bottom of the hill.  She feels a disagreement between Mr. Baggitt and Mrs. D’Agostino is the reason for the newly created encumbrances in the RoW. 

Ms. Roberts referenced the Kingman Survey of 1883, stating it mentions the right of ways for use of carriages to get down to the wharf and also notes the size of the lots.  Craig Poulin said over the years these paper roads change and you cannot go by the lot size from the 1800’s.  The status of 1-5^th streets in relation to Town government must be determined.  It may be the Town has relinquished its rights over the years but this will need to be determined.  At this time, the Board does not know if this is a Town or resident issue.

Judy Betsworth stated they had applied to build into the right of way in 1991 but were denied.  She feels the RoW should be kept clear for pedestrian traffic.  She asked if the rumor of paving the rights of way was correct.  The Board stated there is no plan to pave these RoW, especially since it is still unclear if they belong to the Town.

Paula Salley felt the RoW’s should be kept clear.  These are pedestrian rights of way and should be kept clear for the residents.  She also asked how the residents would be notified when the Town’s attorney makes a determination.  Mr. Poulin stated when Bill Kelly gives the Board his decision; the Board will then make a formal decision, which will be part of the minutes of the meeting. 

Denise Lindahl stated the Board would need to discuss the issue and wait for a decision from Bill Kelly, Town Attorney.  Once a final decision is made she recommended the Temple Heights Improvement Association be notified and they could then notify the residents of Temple Heights .

Eileen Driscoll asked if driveway permits are required since a neighbor was putting in a driveway.  Toupie Rooney, Deputy Code Officer stated driveway permits are required and this driveway in question is within 250’ of shore land zoning.

A resident asked the status of the engineering study done on High and Mountain Streets.  Mr. Poulin stated this in an ongoing legal matter and could not be discussed at this time.

With no further comments Mr. Poulin stated when a Board decisions is reached the Board will instruct Mr. Driscoll to send a letter to the Temple Heights Improvement Association, notifying them of the decision. 

NVC:

Town Clerk Barbara O’Leary reported there was an error on the Village tax bills.  The printer put the Village tax information on the Town of Northport bill.  The Clerk has spoken with the printer and a corrected bill with a note explaining the error will go out this week.

Craig Poulin asked Peter Allen, NVC Representative, for clarification on the Village police officer.  The letter sent out by Judy Rohweder noting the scope of the Village Officer left questions.  Mr. Poulin stated that unless there is an agreement with the Village and the Sheriff’s Office to use Officer Demeo, any call Officer Demeo went on could be a question of jurisdiction.  Mr. Allen stated the officer has complete powers of any police officer and acts under the authority of the Village Charter.  Mr. Poulin asked where the mandates and policies of the State Police are kept and Mr. Allen replied Officer Demeo keeps them.   Mr. Poulin noted this as a problem and they should be kept in the Village.

In other business, Mr. Allen reported on the bike helmet issue.  He informed the Board a new law states children 16 and younger must own a helmet, but does not say they must wear one.

Code Enforcement Officer:

CEO John Larson was present to update the Board on various issues.  Craig Poulin asked that Mr. Larson be available when needed to keep the Board aware of legal matters and keep them up to date.  Denise Lindahl also stated needs to be aware of issues in Town and to also be supportive of the CEO’s decisions.

Mr. Larson stated he is working on some hot issues, has issued Stop Work Orders and send certified letters.  He also noted a concern with the Chairman of the Planning Board.  The CEO noted on more than one occasion when an issue was before the Board, the Chairman did not recuse himself when he should have.  Denise Lindahl stated this has been a problem in the past and the Chairman needs to be reminded he cannot take place in discussion or decisions without noting for the record his relationship to the issue at hand.  Mr. Larson has developed by-laws for the Planning Board as guidelines.  A letter will be sent to the Chairman of the Planning Board, with copies to the Planning Board members regarding conflict of interest.  Paul Rooney also recommended Bill Kelly be contacted for the limits of authority of a Planning Board that he has already researched.

Paul Rooney asked if the mitigation plan for D’Agostino had been submitted.  No plan has been submitted and the deadline has passed.  The driveway is within 250’ of the shore and in violation of shore land zoning.  Mr. Larson stated the D’Agostinos brought in 10cuyds of fill within the shore land, which is in violation of the SLZ laws.  Another letter was sent to the D’Agostinos notifying them of the violation and their right to an appeal.  The violation is still in effect.  Denise Lindahl recommended the Code Officer contact Bill Kelly regarding past and ongoing issues within Temple Heights .  With such a volatile issue, Denise reminded the Administrator to stay neutral in the matter since he is a neighbor.  The Code Officer and the Town Attorney should handle this particular issue.

There was a civil judgment made between the D’Agostinos and their neighbors, the Camerons, regarding building in the RoW.  The ruling was for the Camerons.  John Larson will look into this judgment.  In regards to paper streets and RoW’s, Mr. Larson stated that beyond 30 years these RoW revert back to the abutters. 

The CEO also reported on the following:

A complaint was received from neighbors of Elaine Carnahan regarding a septic issue.  It turns out the septic of Adam Carnahan is on the abutter’s property and is open sewerage.  Upon further inspection, the septic on Elaine Carnahan’s property is also open.  An order to correct the failed systems had been issued along with a design for a new septic system.  No septic system is present on either property and the outflow has contaminated the ground, which must be removed.  The replacement septic system cannot go forward until the contaminated ground has been removed.  A letter of compliance from the
Board will be necessary. 

Denise Lindahl stated there maybe grants available for the Carnahans to help with the cost of the septic system.  John Larson thought the deadline for this year has already passed.

The Durkee residence on Bluff Road also had a failed septic system.  This is a health issue as well and a letter will be sent this week notifying the owners of violation.

Driveway Ordinance: John Larson has written a one-page Driveway Ordinance for driveway permits.  Paul Rooney also stated an ordinance for posting the roads needs to be written and presented at Town Meeting.

Under motion of Craig Poulin, second by Paul Rooney, the Board voted 3-0 to enter Executive Session to discuss a personnel matter at 7:40pm.

Under motion of Craig Poulin, second by Paul Rooney, the Board voted 3-0 to return to regular session at 7:50pm.

The Deputy CEO, Toupie Rooney, will attend a Select Board meeting once a month to up date the Board on issues and violations.  If unusual issues come up, the CEO may be asked to up date the Board at a meeting.

In a follow up to revisions to the Subdivision Ordinance, the CEO stated Jim Nealey had changes made to the grade from 20% to 8%.  The CEO had recommended the 20% and suggested it be changed to 10% and if the road is over 100’, the additional 10% be paved.

Paul Rooney asked if changes to the newly adopted Site Plan Review Ordinance were in the wings.  The CEO stated there are no major changes.   The CEO would like to get a shore land-zoning map of Northport and if possible have the Town’s maps and lots on it as well.  The Clerk will check with the Town’s assessors and Denise Lindahl suggested Molly Schaffler might have maps from the Comprehensive Plan Committee.

Roads & Bridges:

Amon Morse, Road Commissioner, reported the compilation of speed limits in Town is incomplete.  In rural areas, if a road is not posted with a speed, the speed is 45mph.  Once the list is complete it must be sent to the State where it will be compared with their posted speeds.  Craig Poulin stated if the Town wants to change a speed limit already set, it must petition the State, DOT, to do so.  Amon will contact the State to clarify the speeds and the petition process for change speed limits on Town roads.

The paving project has not begun.  Amon noted Lane Construction, who was awarded the paving bid, has also contacted the Searsport Town Office to have their contract for paving changed.  The Selectmen of Searsport also declined to modify the contract and will keep the amount the same as what was awarded.  The Board instructed Jack Driscoll to contact Sheldon at Lane Construction and get a start date for the paving contract and state the job is to be complete by the end of September.  Denise Lindahl stated if they wanted to change the approve contract, Lane should have come before the Board or placed their request in writing.  She added she did not think the contract should be changed.  Paul Rooney agreed saying prices have dropped over the summer and the work needs to get done.  Changing a contract also sets a bad precedent.  The Board agreed to leave the contract as approved and have the Administrator contact Lane.

Birchcrest Trees:  The Road Commissioner received a complaint about trees hanging out into the road and causing visibility issues.  Upon review of the trees, they are beyond the Town’s RoW and not an issue for the Town.  Jack Driscoll stated there are some trees around Town that are covering signs and should be cut back.  Amon will look into this.

Temple Heights : Due to a wash out on Park Street , a part of the road needs to be built up to correct the flow of the water.  The Board agreed to the work.

Administrator’s Report:

1)      Code issues addressed

2)      An Act to Protect Sellers in Real Estate Transactions.  Bill Kelly sent information on this new act, which requires municipalities to develop a method to notify the sale of the property to the Town.  The Clerk stated attorneys usually call the Office to get the tax amount so it can be prorated at closing.  This doesn’t always work and then the Town must get both the seller and the buyer to agree to pay their portion of the tax.

3)      Park Street addressed by Road Commissioner

4)      Animal Control Officer:  the previous ACO has an outstanding bill at Blake’s Veterinary for animals he brought there on behalf of the Town.  The bill keeps going to Raymond Tucker and he would like the Town to pay the bill.  The cost is $79.  Denise Lindahl stated that if it is for animals picked up by the ACO while representing the Town, the Town should pay the bill.  The Board agreed and instructed Jack Driscoll to have Raymond Tucker give the bill to the Clerk for payment.

5)      Roof Bids:  bids to replace the roof at Town Hall will go out in the paper this week.

6)      GA: one new applicant

7)      Assessor:  After the corrected Village bills are sent out, the Administrator will speak with RJD regarding the Town’s assigned assessor.

Clerk’s Report:

The Town Clerk reported on the following items:

1)                  NVC billing error addressed.

2)                  Ordinances: in reviewing ordinances for next year’s Town meeting, the Administrative Ordinance needs updating and a Parking Ordinance to cover posting roads needs to be written.

3)                  Hannaford:  A resolution by the Board giving the Clerk and Deputy Clerk permission to charge supplies at Hannaford was presented.  The Board approved and signed the resolution.

4)                  State Valuation:  The Town can petition the State for assistance with the loss of tax revenue from the Erickson Foundation’s reduced valuation of Point Lookout.  This would need to be done before November 1^st and if approved, money would not be received until 2009.  The Administrator stated Mike Wilson, Attorney for the Erickson Foundation is willing to help the Town with the paperwork required for the petition to the State.

5)                  Two requests for poverty abatements were presented. 

Under motion of Craig Poulin, second by Paul Rooney, the Board voted 3-0 to enter Executive Session to discuss two poverty abatements for taxes at 8:50pm

Under motion of Craig Poulin, second by Paul Rooney, the Board voted 3-0 to return to regular session at 9:05pm.

The Clerk was instructed to contact the residents and set up payment plans for their taxes.

6)                  Minutes of 8-4-2008 approval: 

Under motion of Craig Poulin, second by Paul Rooney, the Board voted 3-0 to approve the minutes of 8-4-2008 as presented.

7)                  An application for a Concealed Weapons permit was presented.

8)                  September meetings.  The Board agreed not to meet on Labor Day, 9-1-2008, and reschedule the meetings in September as follows: 9-8-2008 and 9-22-2008 at 6:00pm.

With no further business, Paul Rooney made the motion to adjourn at 9:15pm; second by Denise Lindahl, and voted 3-0 to adjourn.

ADJOURN.

Respectfully Submitted,

Barbara O’Leary

Town Clerk