TOWN OF ORONO

COUNCIL MEETING

COUNCIL CHAMBER - MUNICIPAL BUILDING

MONDAY, JANUARY 9, 2006 AT 7:30 P.M.

MINUTES

1. Roll Call

Present: Council Chair Geoff Gordon, John Bradson, Lianne Harris, Terri Hutchinson,

Mark Haggerty, Tom Spitz and Town Manager Catherine Conlow. Absent: Jo Carol Alford.

Geoff Gordon acknowledged the passing of resident and prior Councilor James Horan for his many contributions to the community. Mr. Gordon commented that he was a mentor and a friend to many.

Mr. Gordon reminded the public that the Municipal Election is March 14, 2006. He encouraged residents to consider running for the open seats on Council and the School Committee.

2. Approval of minutes of December 12, 2005

Moved by Lianne Harris and seconded by John Bradson. All voted in favor, 6-0.

3. Public Hearings

a. To consider amendments to the Ordinances of the Town of Orono, Chapter 18 Land Use, Section 18-136 Planned Unit Development and related sections. [To be postponed until the Regular Council Meeting, Monday, February 13, 2006]

Geoff Gordon acknowledged that this public hearing has been postponed until February 13, 2006.

b. A Class I – Malt, Spirituous & Vinous Liquor License for Tio Juan’s Margaritas,

15 Mill Street.

Public hearing b. opened at 7:35 p.m. Ms. Conlow reported that the business has been inspected by the Code Enforcement Officer and the Fire Inspector. An incidents report from the Deputy Police Chief is included. The town staff is recommending approval. Opponents: None. Proponents: None. Public hearing b. closed at 7:36 p.m.

Order 06-01 Order, approving a Class I – Malt, Spirituous & Vinous Liquor License for Tio Juan’s Margaritas, 15 Mill Street.

Moved by John Bradson and seconded by Lianne Harris. All voted in favor, 6-0.

c. A Class I-A Malt, Spirituous & Vinous Liquor License, Victualer’s License and Special Amusement Permit for Music, Dancing and Entertainment for University Inn Academic Suites, 5 College Avenue.

Public hearing c. opened at 7:37 p.m. Ms. Conlow reported that the business has been inspected by the Code Enforcement Officer and the Fire Inspector. An incidents report from the Deputy Police Chief is included. The town staff is recommending approval. Opponents: None. Proponents: None. Public hearing c. closed at 7:38 p.m.

Order 06-02 Order, approving a Class I-A Malt, Spirituous & Vinous Liquor License, Victualer’s License and Special Amusement Permit for Music, Dancing and Entertainment for University Inn Academic Suites, 5 College Avenue.

Moved by John Bradson and seconded by Lianne Harris. All voted in favor, 6-0.

d. A Class XI Malt, Spirituous & Vinous Liquor License, Victualer’s License and Special Amusement Permit for Music, Dancing and Entertainment for Albenco, Inc., d/b/a Ushuaia, 103 Park Street.

Public hearing d. opened at 7:40 p.m. Ms. Conlow reported that the business has been inspected by the Code Enforcement Officer and the Fire Inspector and it meets all code requirements.

Deputy Police Chief Duquette reported that there were 47 incidents, many of which were self-reported by the business. The most serious incidents involved two stabbings, assaults and disorderly events. Deputy Chief Duquette described the incidents in greater detail. He also described the nature of a “Mosh Pit”. He noted that Mr. Gray has been compliant with noise complaints.

Councilors asked questions of the laws regarding intoxicated people and the medical incident that occurred. Terri Hutchinson asked Deputy Chief Duquette for his professional opinion of the environment.

Deputy Chief Duquette reported that a lot of police time is spent in the vicinity. He recommended the management respond quicker by kicking people out and not tolerating certain behavior. He noted this would be hard to control because many of the problems occur in the parking lot.

Ms. Hutchinson stated that although it is commendable that the management calls the police, prevention is the issue.

Deputy Chief Duquette also noted that Mr. Gray has made an effort to control the problem by installing a surveillance system.

Alex Gray stated that intoxicated minors are not admitted. He added that his staff patrols the parking lot, there have been no liquor violations in the bar and about 1000 fake IDs were turned in for prosecution in the last two years.

When asked about the qualification of the people hired to patrol the parking lot, Mr. Gray stated they were not professional police or security staff, but are local people hired by his business.

When asked about the police time spent at Ushuaia’s, Deputy Chief Duquette stated the police are there on busy nights, especially during closing time. He noted that the same police presence is not needed at other town establishments.

Proponents – Alex Gray, owner of Ushuaia’s, stated his business is currently using metal detectors and they have increased the patrol of the parking lot. Mr. Gray described a “Mosh Pit” as a subculture of slam dancing.

Opponents – Phil Mateja stated that there are other issues in town that the police officers have to respond to than just taking care of one establishment.

Public hearing d. closed at 8:16 p.m.

Order 06-03 Order, approving a Class XI Malt, Spirituous & Vinous Liquor License, Victualer’s License and Special Amusement Permit for Music, Dancing and Entertainment for Albenco, Inc., d/b/a Ushuaia, 103 Park Street.

Moved by John Bradson and seconded by Tom Spitz.

Attorney Tom Russell explained the role of the Council, which is to hold the public hearing to hear testimony and to make a decision based on the criteria set forth in the State Statutes.

Geoff Gordon asked whether Council can assume that the management of the business relates to the parking lot incidents. Mr. Russell stated that the lot is part of and can be controlled by the business. Deputy Chief Duquette stated that extra police were called in to help control the situation in the parking lot during the stabbing.

Mr. Gordon stated that a reason for denying a Special Amusement License can be because of a detriment to public health and safety. He questioned the town’s liability in granting a license. Mr. Russell stated the town could be sued, but is covered by insurance and the tort law.

Mr. Gray described his business as operating 200-300 days per year, generally 11:00 p.m. to 4:00 a.m. When asked about the number of police incidents, Deputy Chief Duquette stated it was not the number of incidents but the type of calls.

Mr. Gray spoke on the additional security installed with the cameras and metal detectors. He stated the increase in incidents is due to the increase in business. He stated he is trying to do better. He explained that patrons get rowdy after the bar closes while they are waiting for cabs. He invited Councilors to visit his business to see the security.

Mr. Gordon expressed concerns about granting the license and asked Mr. Gray what he was going to change or do differently to protect public safety.

Mr. Gray stated he met with the Town Manager and Deputy Police Chief in June to discuss protocol. He stated he installed a metal detector. He stated he could patrol the parking lot with an ATV and telephone, but expressed concerns that it may cause an increase in incidents.

Mr. Gordon expressed concerns about the problems and violent atmosphere at Mr. Gray’s establishment and expressed the need for assurances that things will change.

Mr. Gray stated he could hire more staff to provide security, use the cameras, metal detector, an ATV for the parking lot, and call the police when necessary.

John Bradson stated that given the problems, could the police department patrol more inside and outside the building. Deputy Chief Duquette stated the department is already stretched thin. When asked what Mr. Gray could do to help his establishment, Deputy Chief Duquette stated he should take a more aggressive stance and set a tone that certain behavior is unacceptable and throw people out. He stated Mr. Gray should get rid of the Mosh Pit which only promotes violence. He noted that Mr. Gray has made a good faith effort, but the establishment is drawing a unique crowd that needs police presence.

Mr. Gray stated he could stop the Mosh Pit, kick people out and follow through with charging violators criminally.

Mark Haggerty noted that the same issues are being reiterated from last year. There is violence, a perceived threat by the police, and Mr. Haggerty stated he does not see progress made over last year.

All voted against, 0-6. Motion fails.

Attorney Tom Russell commented that a written decision will need to be provided by Council for the reasons for denial.

Terri Hutchinson stated the Council is able to deny the liquor license based on repeated violations of the peace and safety of persons. The Council is able to deny the special amusement license because of the detriment to public safety, health and welfare. She stated she is not being persuaded that enough is being done to prevent the incidents.

Mark Haggerty noted the police record and safety issues regarding the stabbings, assaults, etc.

Lianne Harris stated she did not hear a prevention policy. She stated she has concerns for the safety of the patrons.

John Bradson cited MSRS, Title 28A, Subsection 653 (2)(d) relating to a breach in peace and safety.

Tom Spitz stated that there is an esculating severity of issues and he expressed concerns that there is no plan or thought for change.

Geoff Gordon cited MSRS, Title 28A, Subsection 653 (2)(c) and (d). He expressed concerns about the lack of a plan in dealing with the safety issues. He noted the incidents have increased in severity and he is not convinced that Mr. Gray will do anything differently.

Catherine Conlow explained the next steps available to Mr. Gray in the appeal process.

Council discussed reconsidering the order to separate the Special Amusement Permit out. It was agreed to not pursue further discussion tonight.

e. A 2006 Community Development Block Grant Public Facilities-Community Facilities Grant for Birch Street School/Senior Center Renovations. The public facility is located at 10 Birch Street.

Public hearing e. opened at 9:37 p.m. David Struck outlined the rehabilitation and upgrade work to be done to the Birch Street School, which includes making the building ADA compliant, installing a sprinkler system, renovating the bathrooms and constructing a permanent ramp to access the building. In addition, the kitchen would be upgraded and basic electrical work and repairs done. The Town is making an application for a $330,000 CDBG Public Facilities-Community Facilities Grant, $82,500 of which will be funded from the Town and other users of the building. Opponents: None. Proponents: None. Public hearing e. closed at 9:41 p.m.

Order 06-04 Order, authorizing an application to the Department of Economic and Community Development for a 2006 Community Development Block Grant Public Facilities-Community Facilities Grant for a total of $330,000. Grant proceeds will be used to undertake the renovation and rehabilitation of the Birch Street School/Senior Center Renovations and authorize the Town Manager to execute all related materials. The public facility is located at 10 Birch Street and serves senior citizens. The Town will provide a portion of the local match totaling $47,500 ($7,500 that was budgeted in FY2006; $25,000 exists in the Birch Street School Reserve Account; and $15,000 from the Undesignated Fund).

Moved by Lianne Harris and seconded by Terri Hutchinson. All voted in favor, 6-0.

John Bradson commented that it was money well spent to renovate the building.

f. A 2006 Community Development Block Grant Public Infrastructure Program-Sewer, Storm Drainage and Utility Grant in the Pine, Beech, Middle and Plummer Street neighborhood.

Public hearing f. opened at 9:43 p.m.

WPCF Superintendent Paul Wintle stated that the Town has been invited to apply for a CDBG Public Infrastructure Program-Sewer, Storm Drainage and Utility Grant in the amount of $500,000. The Town local match of 25% would be $125,000, which would be drawn from the Sewer Replacement Reserve Account. The total project funding will be $625,000 to replace the storm and sanitary sewer systems on sections of Pine, Beech, Middle and Plummer Streets. An income survey conducted within the project area produced a 68% low-to-moderate income level. A camera survey of Middle Street revealed a crack in the line allowing the infiltration of stormwater. Mr. Wintle stated the lines are in poor condition and a major failure could occur at any time. He noted this area is a high priority for rehabilitation. Mr. Wintle described the work to be done. He stated that the grant application deadline is January 13, 2006. Mr. Wintle thanked the many people involved in this project.

Proponents: Phil Mateja, of 47 Pine Street, spoke in support of this grant application and acknowledged the sewer and stormwater drainage problems he has witnessed in the project area. He commented that the area needs help and it would be good to seek that help through the grant process.

Opponents: None. Public hearing f. closed at 9:48 p.m.

Order 06-05 Order, approving the application for a 2006 Community Development Block Grant Public Infrastructure Program-Sewer, Storm Drainage and Utility Grant in the amount of $500,000, and appropriating $125,000 from the WPCF Sewer Replacement Fund for the local share. The total combined funds of $625,000 to be used for sanitary and stormwater sewer improvements on Pine, Beech, Middle and Plummer Streets.

Moved by Terri Hutchinson and seconded by John Bradson. All voted in favor, 6-0.

Terri Hutchinson noted that many hours of committee work and staff time has been dedicated over the last several months to put this application together. She acknowledged the work involved in conducting the survey and its results and thanked all the staff and residents who participated.

4. Acknowledgments by Council Members

Lianne Harris thanked Evan Richert for his assistance with rewriting the PUD Ordinance for the Town. She also thanked Tommy Dyer for 25 years of service with the Town and wished him well on his new endeavors.

John Bradson thanked the members of the Bicentennial Committee for their efforts in putting together events and activities for 2006, including the recent bonfire. He also thanked all the people involved in the restoration of the Birch Street School.

Terri Hutchinson spoke in remembrance of James Horan and the many contributions he made to the Town Council, service organizations and the development of the Tech Park.

Tom Spitz acknowledged the 2006 bicentennial year and the work of the Bicentennial Committee.

Geoff Gordon also acknowledged the work of the Bicentennial Committee and noted the success of the recent bonfire as the kick-off activity.

5. Unfinished Business - None

6. Consent Agenda

Order 06-06 Order, confirming the appointment and contract of Robert Baldwin as Director of Planner and Community Development for the Town of Orono, effective January 17, 2006 to January 16, 2007.

Order 06-07 Order, appointing Mary Cathcart to an Associate Member Seat on the Board of Appeals to fill an unexpired term until April, 2007.

Order 06-08 Order, committing a true list of sewerage service assessments to Wanda J.

Thomas, Treasurer, in the amount of $107,316.72.

Moved by John Bradson and seconded by Terri Hutchinson to approve the consent agenda. All voted in favor, 6-0.

7. New Business

Order 06-09 Order, approving the amendments to the Ordinances of the Town of Orono, Chapter 28 Personnel, Sections 28-5, 28-24, 28-121, 28-125, and 28-126.

Moved by Lianne Harris and seconded by John Bradson. All voted in favor, 6-0.

Ms. Conlow explained that the proposed amendments have been reviewed and recommended for approval by the Operations Committee. She explained that proposed changes differentiate between temporary employees and full-time employees and their rights for dismissal.

Order 06-10 Order, approving a “Blanket Letter of Approval” from January 2006 to

January 2010 to operate Beano/Bingo and/or Games of Chance for the

University of Maine System.

Moved by John Bradson and seconded by Lianne Harris. All voted in favor, 6-0.

Order 06-11 Order, authorizing the Extension of the Planning Consultant Services Contract with Evan Richert regarding PUD Ordinance Amendments and authorizing a payment of up to $1,500 to be drawn from the Contingency Fund.

Moved by Lianne Harris and seconded by John Bradson. All voted in favor, 6-0.

Order 06-12 Order, authorizing Public Safety Dispatch Improvements in an amount

not to exceed $1,500 to be drawn from the Contingency Fund.

Moved by Tom Spitz and seconded by John Bradson. All voted in favor, 6-0.

Public Safety Director Cliff Wells stated that this item was reviewed and recommended by the Finance Committee.

Order 06-13 Order, approving a Resolution adopting the Penobscot County Multi-Jurisdictional Hazard Mitigation Plan, contingent upon funding available.

Moved by Terri Hutchinson and seconded by John Bradson. All voted in favor, 6-0.

Mr. Wells noted that the approval of this resolution does not commit the Town of Orono to make the improvements, but it does allow for applying for federal funding. This item was reviewed and recommended for approval by the Operations Committee.

Order 06-14 Order, accepting a FY2005 Homeland Security Grant in the amount of

$184,477.12 for the Purchase of a HazMat Response Vehicle and

Training for Hazard Material Response.

Moved by Lianne Harris and seconded by John Bradson. All voted in favor, 6-0.

Mr. Wells noted that this item was reviewed and recommended for approval by the Finance Committee.

8. Future Agenda Items/Items of Concern

Geoff Gordon asked about the condition and status of the Town’s sidewalk snowplows.

Mr. Gordon stated that he is losing patience with not having the date of last inspection by the State of Maine on the license application form and asked Town Manager Conlow to address the issue.

9. Public Petitions - None

10. Public Comments

State Senator Elizabeth Schneider thanked the Parks and Recreation Department for their efforts in making Orono’s Winter Festival a great success. She also acknowledged the work of the Bicentennial Committee in planning events and activities for 2006.

Senator Schneider stated that she was asked by Town Manager Conlow to look into the safety concerns of the increased truck traffic on the Bennoch Road and the road conditions. She commented that she contacted the MDOT State Commissioner who is looking into this issue and who took the time to personally travel the road to see the situation for himself.

Senator Schneider also stated that she will be setting up open meeting times for the public to see her for any questions or concerns they may have.

11. Adjournment

At 10:12 p.m., Terri Hutchinson moved and Lianne Harris seconded to adjourn. All voted in favor,

6-0. Minutes are not verbatim. A tape-recorded version is available in the Town Office.

Respectfully submitted, Nancy W. Ward, Administrative Assistant