Boothbay Harbor selectmen on March 12 discussed dog control ordinances, town investments and an update on the planning board advisory workgroup.

Selectman and workgroup member Mike Tomko recapped the group’s purpose of updating the zoning on the east side of the harbor to accommodate many of its nonconforming uses. Tomko said the group has been looking at putting the high water setback at 25 feet and permitting common wall construction; items to discuss at the Wednesday, March 21 meeting included view corridors and requiring impact fees for common wall construction and commercial projects.

Tomko explained the group has been discussing a five percent impact fee on construction costs to give the town a means to put money back into the district for public access and general town interests like improvements to town properties in the district or the future procurement of properties.

Bill Hamblen, chair of the planning board and the workgroup, spoke on the group’s approach to projects. “We came to this concept not because we wanted to have impact fees, but we searched for how to accommodate public access and connectivity to the waterfront that everyone said they would like to see from the very first meeting. But that’s hard to do through zoning.”

Hamblen said the thought of requiring things like public access through zoning ordinances became messy because it would end up with negotiations on different projects and no way to inform the planning board on how navigate those negotiations fairly.

“It has been used elsewhere in the state of Maine, so we won’t be breaking any new ground,” said Hamblen.

Selectman Tricia Warren said her concern was the types of projects subject to the impact fee.

“I don’t want that impact fee to be a deterrent for a developer coming into Boothbay Harbor … seeing this five percent and saying ‘well, I can get a better deal down the road,’” said Warren.

Hamblen said the impact fee would only apply to large scale development and be administered by the town’s code enforcement officer. He said five percent is just a loose number that could change to something lower and not likely higher. Tomko added another consideration is that all funds collected will go back into the same district, so while the town has the potential for this additional income, developers have the fortune of seeing the money improve peripheral areas.

“I thought the impact fee would go toward the impact on infrastructure that we would have to deal with,” said Selectman Russ Hoffman, “Public sewer, public water, fire protection, police protection …”

Selectman Denise Griffin said she shares Hoffman’s concerns with where the money would go, but likes the concept of getting the fee money up front.

Said Griffin, “… Because, God knows, there are plenty of examples of developments in this region that have started and have not been completed.”

The board revisited the idea of a stricter leash law for dogs. About half a dozen other Maine municipalities’ ordinances, including ones in Kennebunk and Brunswick, have been reviewed.

Chair Wendy Wolf read Boothbay Harbor’s code in §76-1 through 2: “It shall be unlawful for any dog to run at large except when used for hunting …” with the term “at large” defined as “Off the premises of the owner and not under the control of any person by means of personal presence and attention as will reasonably control the conduct of such dog.” Both the first and second offenses are a $25 fine; the third offense is a $100 to $200 fine.

Wolf said she found the town’s penalties “interesting” and something the board may want to revise.

“Our code is not quite as robust as some of the towns we looked at. There is a variety of ordinances and mechanisms in other towns that spell out a little bit more stringent animal control,” said Wolf.

“If I were to make a motion, and I don’t think we’re ready for that yet, I would be in favor of an ordinance that would require a dog to be under control by a couple of means including being on a leash or a run or in a fenced area,” said Hoffman.

Hoffman said there needs to be a discussion on whether the ordinance would need to be for the entire town or for specific parts downtown. Tomko agreed, saying it might be worth considering tweaking definitions.

Warren said her only problem was with how the rules will be enforced by an animal control officer who works part-time. Bringing a stricter animal control ordinance would likely heighten the need for response and ticketing, and Warren said she is not sure the police department should have to be responsible for the added burden.

Griffin agreed the language must be tightened. He suggested the board ask Town Manager Tom Woodin to work with Code Enforcement Officer Geoff Smith and the town attorney on options for strengthening the ordinance.

Susan Craig, who previously spoke on her experience of an attack on her and her dogs, asked dog trainer Jean Conte to speak on the voice command and leash debate. Conte, with her leashed German Shepherd in tow, said: “I think when you’re in the public, (dogs) should be well-behaved. I don’t care how well-trained your dog is, you should have it on some kind of leash …”

First Advisors vice president and portfolio manager Gary Stone said the town’s investments now total $550,000. Stone said returns on investment through the 25/75 portfolio – a quarter in equity and three quarters in fixed income – were over seven percent this year. While both the town and First Advisors were at first leery of finding a meaningful investment path for a municipality in a world of low interest rates, said Stone, seven percent is good compared to alternatives which would have accumulated three percent or less in interest.

Hoffman floated the idea of committing more than the present 25 percent in equity. According to Stone, there is no deadline to change the parameters. The board responded, it may consider the idea.

All in all, said Stone, “We’re very comfortable where we are.”

Lincoln County Publishing will publish the town report this year, said Financial Officer Julia Latter. The $5,740 cost is $600 less than last year. The budget for the printing of this year’s town report was $6,500.

Latter reported the total revenue and expenses, year to date, are $5,224,959 and $5,714,705, respectively. The total accounts payable are $372,848.19 and the bank balance is $3,755,425.63. Latter said the town has collected 96 percent of taxes and was through 86.4 percent of the winter operations budget as of  March 12.

The board unanimously agreed to liquor license renewals for The Opera House and Boothbay Harbor Inn.

Selectmen meet next at 7 p.m. Monday, March 26 in the town office.