= TOWN OF ORONO

COUNCIL MEETING

= COUNCIL CHAMBER - MUNICIPAL BUILDING=

= MONDAY, FEBRUARY 12, 2007 AT 7:30 P.M.

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MINUTES

1.&n= bsp; Roll Call

Present:<= span style=3D'mso-spacerun:yes'> Council Chair Geoff Gordon, John Bradson, Terri Hutchinson, Tom Spitz, Mark Haggerty, Lianne Harris, Tom Perry and Town Manager Catherine Conlow.

2.&n= bsp; Approval of minutes of January 8, 2= 007

Moved by = John Bradson and seconded by Lianne Harris. All voted in favor, 7-0.

3.&n= bsp; Public Hearings

a.&n= bsp;     To consider funding $600,000 for construction of a New Public Library.

Public hearing a. opened at 7:37 p.m. Catherine Conlow reporte= d that this item was brought before the Finance Committee for consideration of pledging $600,000 toward the construction of a new library. She noted that various options for financing are still being considered.

Proponents:

The following people spoke in suppo= rt of the Town contributing towards a new public library: David Chase, Frances Haines, Lisa Feldman, George Jacobson, Dana Devoe, Harold= Chute, Hannah Cyrus, Jennifer Desisto, Bill Lucy, Billy Desisto, Judy Hakola, Barb= and Ken Nichols (via letter), Greta Landis, and Laurie Hamilton.

The following comments/points were = noted in support of funding the new library:

·        ·        ·        It will benefit eve= ryone, but especially new residents in town, senior citizens, low income residents, and children.

·        ·        ·        It = will be viewed as one of the Town’s greatest projects.
·        ·        ·        ·        ·        ·        Receiving<= span style=3D'font-family:"Times New Roman"'> Town funding will help with future grant sources. With most of the fun= ding raised privately, the library is a good deal, a valued asset and a public anchor for the community.

·

Opponents: None. Public hearing a. closed at 8:18 p= .m.

Moved by Tom Perry and seconded by = Lianne Harris to add Order 07-38 to the agenda.&n= bsp; All voted in favor, 7-0.

Order 07-38 Order, for the Town of Orono to pledge an amount not to exceed $600,000 for Construction of a New Public Library.

Moved by Tom Perry and seconded by = John Bradson.= All voted in favor, 7-0.

Council comments: Mark Haggerty thanked all involved= for their hard work and generosity; Terri Hutchinso= n stated it was her pleasure to support the library and it’s a long time coming; John Bradson stated it= is gift to Orono to have a free-standing public library, and it is tragic that= it has not been supported in the past; Lianne Harris also stated it is a gift = to the community; and Tom Spitz and Geoff Gordon thanked everyone involved.

b.    A Class XI - Malt, Spirituous & Vinous Liquor License, Victualer’s License and Speci= al Amusement Permit for Music, Dancing and Entertainment for Black Pepper Inc., d/b/a The Sports Café, 19 Mill Street. [Continued from Janua= ry 8, 2007 Council Meeting.]

Public hearing b. opened at 8:25 p.m. Catherine Conlow reporte= d that the Code Enforcement Officer and Fire Marshal inspected this new business a= nd are recommending approval of the licenses.= Proponents: Owner Mike Macioci was available to answer questions and commented that the Sports Café would be opening March 1^st, 2007. Opponents: None. Public hearing b. closed at 8:27 p= .m.

= Order 07-16 Order, approving a Class XI - Malt, Spirituous & Vinous Liquor License for Black Pepper In= c., d/b/a The Sports Café, 19 Mill Street.

Moved by John Bradson and seconded b= y Terri Hutchinson. All voted in favor, 7-0.

Mark Haggerty asked about staff training. Mr. Macioci stated his cook staff would be food certified and his bar staff would receive alcohol safety training through national certification = and the Orono Police Department.

= Order 07-17 Order, approving a Victualer’s License for Black Pepper Inc., d/b/a The Sports Caf&eacut= e;, 19 Mill Street.

Moved by John Bradson and seconded by Lianne Harris. All voted in f= avor, 7-0.

= Order 07-18 Order, approving a Special Amusement Permit for Music, Dancing and Entertainment for Black Pepper Inc., d/b/a The Sports Café, 19 Mill Street.

Moved by John Bradson and seconded b= y Tom Perry. All voted in favor, 7-= 0.

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John BradsonTerri Hutchinso= n thanked Mr. Macioci for investing in Orono and welcomed him to the town.

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c.      = A Class XI – Malt, Spirituous & Vinous Liquor License, Victualer’s License and Special Amusement Permit for Music, Dancing &= amp; Entertainment for Crow Valley Brewing Company d/b/a Bear Brew Pub, 36 Main Street.

Public hearing c. opened at 8:30 p.m. Catherine Conlow reporte= d that the Code Enforcement Officer, Fire Marshal and the State inspected the Bear Brew Pub and the taxes have been paid.&nbs= p; Councilors’ packets included issues outlined by the Police Department.

Terri Hutchinson<= /span> declared that her relationship wit= h Bear Brew Pub owner Matt Haskell had been strained about a year ago due to a business situation, but that is over and there are no outstanding issues.

Proponents: Owner Matt Haskell was available f= or questions. Opponents: none. Public hearing b. closed at 8:33 p= .m.

Order 07-19     Order, approving a Class XI – Malt, Spirituous & Vinous Liquor License f= or Crow Valley Brewing Company d/b/a Bear Brew Pub, 36 Main Street.

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Moved by = Lianne Harris and seconded by John Bradson. All voted in favor, 7-0.

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Mark Hagg= erty asked Police Chief Duquette to explain why there are repeated incidents occurring at Bear Brew Pub even though there are policies and procedures in place.

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Chief Duq= uette stated that many of the incidents (i.e. breaking things, activity in the alleyway, and assaulting an officer) occurred due to overintoxication. Chief Duquette explained that ther= e are more incidents due to the business being busier with more police time spent there.

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Mr. Haske= ll stated he believed that incidents have lessened and he is not overly concer= ned. He noted his staff is regularly cl= eaning the area outside of cigarette butts. He stated he has a zero tolerance for patrons destroying things.

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Mr. Hagge= rty asked what new processes are in place to deal with intoxicated patrons. Mr. Haskell stated he did not see a problem, but he would talk with his staff and work on noticing more.

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Mr. Hagge= rty suggested Mr. Haskell establish a training program for his staff. Bradson asked if Mr. Haskell was T= IPS trained. Mr. Haskell stated h= e was not and did not feel his establishment had an overconsumption problem.=

Mr. Brads= on asked why police officers had not summoned patrons urinating in the alleywa= y. Police Chief Duquette explained the process and problems with enforcement.<= span style=3D'mso-spacerun:yes'> Mr. Bradson went on record by noti= ng that the State of Maine made a mistake in doing away with State Liquor Enforcement Officers.

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Members o= f the Council strongly suggested that Mr. Haskell and his key staff obtain TIPS trained in dealing with intoxicated patrons. Mr. Bradson asked whether the Town= could require that liquor establishments be TIPS certified. Ms. Conlow stated she would look i= nto it.

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Mr. Gordon asked whether Mr. Haskell could prevent people from throwing cigarette butts and such from the deck. Mr. H= askell stated it was hard to regulate if the staff is not right there. He noted that the area is cleaned = up daily.

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Order 07-20     Order, approving a Victualer’s License for Crow Valley Brewing Company d/b/a Bear Brew Pub, 36 Main Str= eet.

Moved by John Bradson and seconded by Lianne Harris. All voted in favor, 7-0.

Order 07-21     Order, approving a Special Amusement Permit for Music, Dancing & Entertainment= for Crow Valley Brewing Company d/b/a Bear Brew Pub,

36 Main Street.

Moved by John Bradson and seconded by Lianne Harris. All voted in favor, 7-0.

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Mr. Gordon asked whether dancers that come with the bands are allowed if they have not been listed on the Special Amusement Permit. Attorney Tom Russell thought it was allowed, but stated he would need = to check into it.

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d.<= span style=3D'font:7.0pt "Times New Roman"'>      A Class XI – Malt, Spirituous= and Vinous Liquor License, Victualer’s License and Special Amusement Perm= it for Music, Dancing & Entertainment for RI Snow Co., LLC, d/b/a 103 Ultra Lounge, 103 Park Street.

&nb= sp;

Public hearing d. opened at 9:08 p.m.

Catherine Conlow reported that the = Code Enforcement Officer and Fire Marshal inspected the establishment and they a= re recommending approval. She commented that the State has not yet received the new application. Ms. Conlow noted that the Town Att= orney suggested that Mr. Snow provide the Town with proof of title and right of interest in the form of a lease agreement with Albenco as well as proof of incorporation as an LLC. She = noted that he has provided these documents.

Proponents: Owner Robbie Snow was available to answer questions and stated he looked forward to opening soon. A student resident spoke in favor = of the new establishment and noted, with the safety measures in place, it should b= e a safe environment for young people to have fun.

Opponents: None. Public hearing d. closed at 9:12 p= .m.

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Order 07-22     Order, approving= a Class XI – Malt, Spirituous and V= inous Liquor License for RI Snow Co., LLC, d/b/a 103 Ultra Lounge, 103 Park Street.

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Moved by = John Bradson and seconded by Tom Perry. All voted in favor, 7-0.

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Mr. Brads= on asked Mr. Snow to explain his safety measures. Mr. Snow described the over 18 age requirement (except for a Chem-Free night), the surveillance system, metal detectors, zero tolerance policy, and security options. He stated his willingness to work = with the Town.

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Mr. Brads= on asked whether he and his staff would be TIPS certified. Mr. Snow stated he would obtain TI= PS training and train his staff.

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Mr. Harris asked whether Mosh Pits would be allowed.&= nbsp; Mr. Snow stated he would alleviate the problem by the type of bands brought in to his establishment, crowd control and with security staff.

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Council m= embers thanked Mr. Snow for acknowledging safety issues and welcomed him to town.<= o:p>

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Order 07-23     Order, approving= a Victualer’s License for RI Snow C= o., LLC, d/b/a 103 Ultra Lounge, 103 Park Street.

Moved by = John Bradson and seconded by Tom Perry. All voted in favor, 7-0.

Order 07-24     Order, approving= a Special Amusement Permit for Music, Dan= cing & Entertainment for RI Snow Co., LLC, d/b/a 103 Ultra Lounge, 103 Park Street.

Moved by = John Bradson and seconded by Tom Perry. All voted in favor, 7-0.

4.&n= bsp;     Acknowledgments by Council Members<= o:p>

Tom Spitz stated it was great to ha= ve a large audience participation at this Council meeting.

John Bradson acknowledged the amount of work do= ne by department heads in regards to many issues that have been brought forward recently.

Lianne Harris extended get-well wis= hes to former Council Chair George Gonyar on his recovery from a recent stroke.

Geoff Gordon acknowledged the effor= ts of Ruth Vaughan in coordinating the Town’s Stream Cleanup Day last May.<= o:p>

Mr. Gordon announced that Candidates’ Night will be held Tuesday, March 6, 2007 at 7:00 p.m. in= the Council Chamber for members of the public to attend or tune in to Cable Channel 7.&nb= sp; He also encouraged people to attend the Winter Farmers’ Market which is held in the downtown parking lot.

5.&n= bsp;     Unfinished Business - None

<= span style=3D'font-family:"Times New Roman"'>6.<= span style=3D'font:7.0pt "Times New Roman"'>      Consent Agenda

Order 07-25     Order, accepting a $75,459 Regionalization Grant for Bangor Area Storm Water Group= .

Order 07-26     Order, appointing Leslie Peterson as the General Assistance Administrator.

Order 07-27     Order, appointing Thomas Perry as the Council Liaison to the OEDC Board of Directors for a 3-Year Term Expiring February 2010.

Order 07-28     Order, authorizing a Construction Overlimit Permit to Maine Department of Transportation for work on the I-95 Southbound lane through Orono.

Order 07-29     Order, setting March 12, 2007 at 7:30 p.m. as the date for a public hearing to consider disposing of approximately .05 of an acre (34’x 62’x 36’x 54’) of Municipal Property (a portion of Tax Map 27-4, Lot= 30) to an abutter, Joanne Kenney of 8 Harrison Avenue, and retaining proper easements for stormwater management.

Order 07-30    Order, setting the hou= rs of voting as 7:00 a.m. to 8:00 p.m. and the polling place as the Council Chamb= er of the Municipal Building for Wards 1 & 2 for the March 13, 2007 Munici= pal Election.

Order 07-31     Order, changing = the hours that the Registrar will accept registrations of applicants who appear= in person as follows: On the last five business days before the March 13, 2007 Municipal Election, from 8:30 a.m. to 4:30 p.m. [MRSA 21A, Sec. 122.6.A (2)= and (8)].

Order 07-32     Order, approving= the Town Clerk’s appointment of Warden and Assistant Warden for the March= 13, 2007 Municipal Election:

        &= nbsp;           &nbs= p;

        &= nbsp;           &nbs= p;   Warden – Stanley Borodko and Assistant Warden – John Brads= on

Order 07-33 =     Order, committing a true list of sewerage service assessments to Wanda J.

   = ;            &n= bsp;          Thomas, Treasurer, in the amount of $110,336.04.

Moved by John Bradson and seconded by Terri Hutchinson to approve the consent agenda. All voted in favor, 7-0.

7.&n= bsp;     New Business<= /p>
Order 07-34     Order, authorizing the Town Manager to w= rite a letter requesting IF&W move forward with their Rule-Making Process of opening Marsh Island to Archery-Only Deer Hunting, including the Expanded Archery and Special Archery Seasons.

=

= Moved by John Bradson and seconded by Tom Perry. The vote was 6-1, with Tom Spitz opposed.

=

= Ms. Conlow stated that the Town was approached by Mark Caron of Inland Fisheries & Wildlife (IF&W) about opening March Island to an archery hunting and extended archery hunting season. She noted that this type of hunting already exists in most of the Or= ono, Veazie, Bangor, Old Town area. Giving permission to IF= &W would allow them to move forward in the rule-making process. She noted that this is being propo= sed because the largest landowner, the University of Maine, did not s= upport a special hunt.

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= Mark Caron of IF&W stated that = the suggestion of a deer hunt on Marsh Island has been dis= cussed since 1991. The archery only = hunt would include a 13-week season and allow IF&W to address the deer population issue. He noted th= at any hunting would require written permission by the landowner. He commented that the City of Old Town is prepared to move ahead on this issue. He explained the rule-making proce= ss would include a public hearing in either Orono or Old Town with a 30-day comment period. He stated this to be a long-term opportunity for deer management.

=

= Ms. Conlow noted the University cur= rently feels the risks outweigh the benefit. Mr. Caron stated they would allow a hunter to retrieve a deer shot t= hat ended up on their property.

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= Ms. Conlow also noted that the Poli= ce Chief was working with IF&W on discrepancies on boundary maps for the existing expanded archery. Mr. Caron explained that expanded archery has existed in areas of Orono for many years without problems.

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= Mr. Caron clarified that once this rule-making is adopted you would not go back to the idea of a controlled hu= nt for the island.

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= Jeff Hopkins of the Bow Hunters Association spoke on the safety of bow hunting, stating it is mostly done f= rom a tree stand, and described the bow hunting range of approximately 20 yards= .

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= When asked of the effectiveness of = bow hunting, Mr. Caron gave single figure number of recent hunting seasons.

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= In regards to car accidents involvi= ng deer, Ms. Conlow noted there were 65 crashes from 2002-2005, where there was personal injury or vehicle damage of at least $1000. Mr. Bradson asked about road signage.

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= Troy Frye of the Bow Hunters Associ= ation described the positive impacts of the deer hunt on <= st1:PlaceName w:st=3D"on">Castine Island. When asked about knowing property = lines, Mr. Hopkins explained it is the responsibility of the hunter to gain permis= sion and know the boundary lines of the land they are hunting.=

=

= Geoff Gordon noted that a letter ha= d been received by John McCormack opp= osing a deer hunt.

=

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= District Game Warden Dave Georgia s= tated he has been a game warden in this area since 1983. He noted that any bow hunter he ha= s come upon has been either in a tree or on a slope area. He spoke in favor of legalizing a = hunt on Marsh = Island because illegal hunting is already taking place and legalizing it would aid the situation.<= /span>

=

Order 07-35     Order, resolving that the Town Council of the Town of Orono approves and accepts in all respects, a proposed loan of $5,420,000 at an interest rate not to exceed 5% for a period not to exceed = 28 years, from the USDA Rural Development for the purpose of Treatment Plant Upgrade and CSO Abatement Projects and Stormwater and Road Improvements in accordance with Loan Resolution (Public Bodies) RUS Bulletin 1780-27, and a proposed grant in the amount of $605,000 in accordance with Grant Agreement= RUS Bulletin 1780-12, and the Resolution of the Town Council of Orono to author= ize the Town Manager and the Town Treasurer to execute and deliver all document= s, and to take any and all actions necessary to carry into effect such financi= ng, including, but not limited to, Form RD 400-1, Equal Opportunity Agreement, = and Form RD 400-4, Assurance Agreement. The WPCF contributing local share is $398,000.=

=

= Moved by Lianne Harris and seconded= by John Bradson.= All voted in favor, 7-0.

=

= WPCF Superintendent Paul Wintle gave an overview of the project, including $600,000 to be dedicated to the Crosby Street for stormwater, sewer= and road improvements. He noted t= hat $7 million was previously bonded and the proposed $5.42 million would complete= the package. He noted he would be= back to Council with a request for short and long-term General Obligation Bonds = in the near future. He anticipat= ed the rate of borrowing to be approximately 4.375%.

=

Order 07-36     Order, authorizing the purchase of a new Aries Industries main line sewer camera for WPCF for a price of $28,700, fu= nds to be drawn from the FY2006-2007 Cash Capital Account (Equipment Reserve).<= o:p>

Moved by John Bradson and seconded by Lianne Harris. All voted in favor, 7-0.

Mr. Wintle noted that this purchase= was discussed at a recent Finance Committee meeting. He noted that $31,370 was budgeted= , but with the trade-in allowance, he is requesting a purchase of $28,700.

Ms. Conlow noted that the University of Maine owns a smaller camera and th= e Town will be able to share it cooperatively with this camera.<= /p>

Order 07-37     Order, authorizing the reinstatement of the position of Police Captain and

            =             &nb= sp; elimination of the position of Public Safety Director to reflect the current

            =             &nb= sp; structure.

Moved by Tom Perry and seconded by = John Bradson.= All voted in favor, 7-0.

Ms. Conlow stated that this change = back to a Police Chief and Police Captain from a Public Safety Director and Depu= ty Chief will have a neutral budget effect.

Ms. Hutchinson thanked Ms. Conlow a= nd staff for trying creative ways to address issues.

8.&n= bsp;     Future Agenda Items/Items of Concer= n

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Mark Hagg= erty asked whether the weight and speed of trucks on the Bennoch Road has been addressed and posted. Ms. Conlow reported t= hat the road is posted, but only prevent heavy loads from traveling on it during thawing. She noted that the P= olice Department is addressing the issue of speed. She encouraged citizens to voice t= heir concerns to the State representatives because it is a State road and govern= ed by State regulations.

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Geoff Gor= don asked whether the MDOT speed studies of the road took into account the 50 t= on trucks that travel on it. Ms. Conlow stated she would ask that question of MDOT.

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Geoff Gor= don stated that he met with School Superintendent Clenchy, School Committee Cha= ir Bob Swindlehurst and Town Manager Conlow and h= e is encouraged with the year-end financial picture, which will be shared with t= he Finance Committee. He noted t= hat Sewall Company is working with the School Committee to conduct a study of t= he school system’s future capital needs.

9.&n= bsp;     Public Petitions - None<= /span>

10.&= nbsp; Public Comments - None

11.&= nbsp; Adjournment

At 10:30 p.m., Tom Spitz moved and = John Bradson seconded to adjourn. All voted in favor, 7-0.

Minutes are not verbatim. A tape-recorded version is availab= le in the Town Office.

Respectfully submitted, =

Nancy W. Ward

Administrative Assistant=