TOWN OF LIBERTY
SELECTBOARD/ASSESSORS
7 Water Street, P. O Box 116
Liberty ME 04949
Ph. 207-589-3014
Fax. 207 589-3160
MINUTES
LIBERTY SELECTBOARD
August 7, 2017 7:00 PM
Selectboard Attendance: Melinda Steeves, 1st Selectman
Carrie Peavey, 2nd Selectman
Henry Hall, 3rd Selectman
Town Officials: Administrator Kenn Ortmann, Code Enforcement Officer Don Harriman, Fire Chief Bill Gillespie
Guest(s): Gregory Sprowl and Eleanor Powers, Mark Gendron, Dana Philippi
1. Open Public Meeting: 7:09 PM
2. Approve Minutes: Pursuant to review Selectman Steeves moved and Selectman Peavey seconded approval of the July 24, 2017 minutes. Unanimous.
3. Warrant Review and Approval: Completed prior to meeting.
4. Public Comment
a. Gregory Sprowl illegal structure issue: Mr. Sprowl reiterated his belief that the Planning Board did not give him an opportunity to present his case for adding a section dealing with alternative energy to the Shoreland Protection Ordinance prior to its being submitted to Town Meeting for a vote. He also noted the Planning Board has been avoiding dealing with this issue for 9 years. He presented copies of emails and a publication of the Department of Environmental Protection and asked that the Town Attorney review before initiating legal action. Town Administrator Ortmann noted Mr. Sprowl's July 17, 2017 letter and confirmed that Mr. Sprowl is not interested in appealing Code Enforcement Officer Don Harriman's July 11, 2017 letter but wanted this meeting with the Selectboard. Mr. Sprowl believes the Town did not use the proper procedure to enact the new Shoreland Protection Ordinance and suggested we review MRS 30-A §3001 "Ordinance power" and §3002 "Enactment procedure". Since there is no offer to remove the illegal structure, Selectman Steeves informed Mr. Sprowl the Town would be forwarding the information provided to the Town Attorney with a request to proceed as he deems appropriate.
5. TA informational items
a. Media stories: Lake St. George Brewing Company: Noted
b. Resident correspondence: None
c. “Abatement/Supplemental valuation assessment information” review/signatures/information
i. Mark Gendron to discuss lot line adjustments and resolution of abatement issue at 42 Tall Pine Lane: Mr. Gendron presented the Selectboard his proposal to convert the three lots he owns on St. George Lake to two lots as shown on the "Boundary Retracement Survey" advance copy dated August 2017. The Selectboard agreed this simple solution is a good way to resolve the encroachment and property valuation problems. On the basis of this agreement Mr. Gendron will be withdrawing his County Commissioners' Court Petition #372.
d. Town Office security system: Selectman Peavey agreed to come into the office this week to authorize new official contact persons for the security company.
e. K. Ortmann change in schedule for next week: TA Ortmann noted he would be traveling to a family gathering next Tuesday, so is requesting permission to work additional hours other days that week. The Selectboard has no objections.
f. Other: None.
6. Old Business
a. County Commissioners' Court Petition #372 regarding Mark and Barbara Gendron property at 42 Tall Pine Lane update: NA. See agenda item 5.c.i. above.
b. Midcoast Conservancy's Sheepscot Wildlands project-draft support letter: TA Ortmann provided the Selectboard with a draft letter for them to review. He will invite Anna Fiedler to our August 21 meeting.
c. Water Street "No Parking" signs update: The Selectboard agreed on signage wording for River Street to say "Water Street, No Parking Any Time, Violators Towed away at Vehicle Owner's Expense".
d. Parking downtown issue: Dana Philippi stated how challenging it is for a small business not to have adequate parking. He expressed his opinion that having the words "No Parking" painted over and over again in the downtown seems a bit excessive. He has spoken to Skip Brack and Tom Opper as two other commercial property owners in the downtown. He does not have a solution. Selectman Peavey expressed her belief that this problem should be addressed by the businesses in the area and should not be paid for by the Town. TA Ortmann was asked to invite downtown property and business owners to a meeting at 6 PM on August 28.
e. Hardship abatement: Postponed to next meeting.
f. Research on recall of municipal officials: Pursuant to comments during the July 24, 2017 Selectboard meeting by former Selectman Pam Chase explaining her belief that the Liberty Recall Ordinance is flawed because no "cause" is required, and at the request of the Selectboard, TA Ortmann reviewed state statutes governing the recall of municipal officials and filling municipal office vacancies. MRS Title 30-A, section 2505 paragraph 9 states "An elected official may be the subject of a recall petition under this section only if the official is convicted of a crime, the conduct of which occurred during the official's term of office and the victim of which is the municipality." However, the preamble to this section states "Except as otherwise provided by the municipality's ordinances or charter, an elected official of a municipality may be recalled from office pursuant to this section." Title 30-A, section 26.2 discusses filling vacancies in municipal office, including because of a recall, and states that "Under its home rule authority, a municipality may apply different provisions governing the existence of vacancies in municipal office and the method of filling those vacancies . . .by charter or ordinance."
TA Ortmann believes the broad home rule authority possessed by the Town allows it to use the Recall Ordinance as enacted, but will contact MMA to verify his assessment.
g. Tax Map issue update: TA Ortmann is trying to set up a September meeting.
h. Town-wide revaluation issue update: Selectman Steeves met another individual during the recent Tax School she attended that may provide additional guidance and insights to this process.
i. Other: None.
7. New Business
a. Planning Board Secretary position: TA Ortmann noted that Danielle Blake's resignation as Planning Board Secretary becomes effective this month. He noted that Deputy Clerk Jamie Davis has expressed no interest in this position. He also noted the pay rate for Planning Board Secretary is $10/hour while the Deputy Clerk position's rate is $16/hour. The Selectboard postponed further discussion to their next meeting.
b. Appoint Henry Hall as Liberty representative to TCSWMO: Selectman Peavey moved and Selectman Steeves seconded appointing Henry Hall as the Liberty representative to Tri County Solid Waste Management Organization. Unanimous.
c. Accident Insurance for Volunteers opportunity: Not interested this year.
d. Hayes Island (CAH) local manager?: It is Dan Miller and several members of the Selectboard have spoken to him about the trash on Hayes Island.
e. Convening Budget Committee schedule: TA Ortmann noted the Budget Committee asked to be reminded about reconvening in this timeframe. The Selectboard suggested finding out when the audit will be completed and suggesting a meeting after it is available.
f. Other: None
8. Other Business: The Selectboard asked that draft agendas be sent to them Monday afternoons.
9. Adjournment: 9:10 PM
Respectfully submitted,
Kenn Ortmann
Town Administrator