TOWN OF ORONO

COUNCIL MEETING

COUNCIL CHAMBER - MUNICIPAL BUILDING

 

MONDAY, MAY 14, 2007 AT 7:30 P.M.

 

MINUTES

1.      Roll Call

 

Present:  Council Chair Geoff Gordon, John Bradson, Terri Hutchinson, Mark Haggerty, Lianne Harris, Tom Perry and Town Manager Catherine Conlow.  Absent for roll call: Tom Spitz arrived at 7:33 p.m.

 

2.      Approval of minutes of April 9, 2007 and May 7, 2007

 

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

 

3.      Public Hearings

 

a.       A Class I-A Hotel Malt, Spirituous & Vinous Liquor License, Victualer’s License and Special Amusement Permit for Music, Dancing & Entertainment for Best Western Black Bear Inn, 4 Godfrey Drive.

 

Public hearing a. opened at 7:31 p.m.  Catherine Conlow reported that the Best Western Black Bear Inn has been inspected by the Code Enforcement Officer, Police Chief and Fire Inspector and has been found in compliance with all state and local regulations.  The staff is recommending approval of the licenses. 

 

Proponents:  Tom Palmer, the Manager of the Black Bear Inn, was present to answer questions.  John Bradson thanked Mr. Palmer for being present.  Opponents:  None.  (Tom Spitz arrived at 7:33 p.m.)  Public hearing a. closed at 7:33 p.m.

 

Order 07-60    Order, approving a Class I-A Hotel Malt, Spirituous & Vinous Liquor License, for Best Western Black Bear Inn, 4 Godfrey Drive.

 

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

 

Order 07-61    Order, approving a Victualer’s License for Best Western Black Bear Inn,  4 Godfrey Drive.

 

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

 

Order 07-62    Order, approving a Special Amusement Permit for Music, Dancing & Entertainment for Best Western Black Bear Inn, 4 Godfrey Drive.

 

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

 

b.      A Class I Golf Club - Malt, Spirituous and Vinous Liquor License, Auxiliary Liquor License for a structure between the 6th  tee and the 14th green, an Auxiliary Mobile Golf Cart License,  Victualer’s License and Special Amusement Permit for Music, Dancing & Entertainment for Penobscot Valley Country Club, 366 Main Street.

 

Public hearing b. opened at 7:34 p.m.  Catherine Conlow reported that the Penobscot Valley Country Club has been inspected by the Code Enforcement Officer, Police Chief and Fire Inspector and has been found in compliance with all state and local regulations.  The staff is recommending approval of the licenses.  She noted that they have applied for two auxiliary licenses. 

 

Proponents:  None.  Opponents:  None.  Public hearing b. closed at 7:36 p.m.

 

Order 07-63    Order, approving a Class I Golf Club- Malt, Spirituous and Vinous Liquor License for Penobscot Valley Country Club, 366 Main Street.

 

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

 

Order 07-64    Order, approving an Auxiliary Liquor License for a structure between the 6th  tee and the 14th green, and approving an Auxiliary Mobile Golf Cart License for Penobscot Valley Country Club, 366 Main Street.

 

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

 

Catherine Conlow explained that the Country Club holds a regular liquor license.  The auxiliary licenses allow the Club to provide beverages on the grounds.

 

Order 07-65    Order, approving a Victualer’s License for Penobscot Valley Country Club, 366 Main Street.

 

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

 

Order 07-66    Order, approving a Special Amusement Permit for Music, Dancing & Entertainment for Penobscot Valley Country Club, 366 Main Street.

 

Moved by John Bradson and seconded by Mark Haggerty.  All voted in favor, 7-0.

 

c.       A Class XI - Malt, Spirituous and Vinous Liquor License, Victualer’s License and Special Amusement Permit for Music, Dancing & Entertainment for Woodman’s Bar & Grill, 31 Main Street.

 

Public hearing c. opened at 7:40 p.m.  Catherine Conlow reported that Woodman’s Bar & Grill has been inspected by the Code Enforcement Officer, Police Chief and Fire Inspector and has been found in compliance with all state and local regulations.  The staff is recommending approval of the licenses. 

 

 

 

Proponents:  Abe Furth, owner of Woodman’s Bar & Grill, stated the Old Town River Coalition will be offering a free TIPS training program that he will send employees to so they can receive certification.  He noted that he plans to continue to train all new employees.  Opponents:  None.  Public hearing b. closed at 7:36 p.m.

 

Order 07-67    Order, approving a Class XI - Malt, Spirituous and Vinous Liquor License, Victualer’s License and Special Amusement Permit for Music, Dancing & Entertainment for Woodman’s Bar & Grill, 31 Main Street.

 

Moved by Tom Perry and seconded by John Bradson to approve the order and by friendly amending it by deleting, “Victualer’s License and Special Amusement Permit for Music, Dancing & Entertainment” which will be taken up under separate orders. All voted in favor, 7-0.

 

Order 07-68    Order, approving a Victualer’s License for Woodman’s Bar & Grill, 31 Main Street.

 

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

 

Order 07-69    Order, approving a Special Amusement Permit for Music, Dancing & Entertainment for Woodman’s Bar & Grill, 31 Main Street.

 

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

 

d.      A Class I – Malt, Spirituous and Vinous Liquor License for China Garden, 6 Stillwater Avenue.

 

Public hearing d. opened at 7:44 p.m.  Catherine Conlow reported that China Garden has been inspected by the Code Enforcement Officer, Police Chief and Fire Inspector and has been found in compliance with all state and local regulations.  The staff is recommending approval of the license. 

Proponents:  None.  Opponents:  None.  Public hearing d. closed at 7:45 p.m.

 

Order 07-70    Order, approving a Class I – Malt, Spirituous and Vinous Liquor License for China Garden, 6 Stillwater Avenue.

 

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

 

e.   To consider amendments to the Town of Orono Ordinances, adding a new Chapter 13, Environment, Article III, Non-Stormwater Discharge Ordinance.

 

Public hearing e. opened at 7:46 p.m.  Planner Evan Richert stated that adoption of this ordinance is required by June 30, 2007 for Orono to come into compliance with the Federal Clean Water Act and Maine DEP requirements as an MS4 community.  The ordinance prohibit discharges into the storm drains and outlines enforcement procedures. He noted that the University is exempt from this ordinance because they are required to have their own system.  Also, industries are permitted under separate regulations.  Proponents:  None.  Opponents:  None.  Public hearing e. closed at 7:47 p.m.

 

Order 07-71    Order, approving amendments to the Town of Orono Ordinances, by adding a new Chapter 13, Environment, Article III, Non-Stormwater Discharge Ordinance.

 

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

 

Evan Richert answered questions posed by the Council.  He explained that administration and enforcement of the ordinance will be handled by the Code Enforcement Officer by observation and complaints.  Mr. Richert stated that the Town and University will develop a memorandum of understanding within six months on how to deal with discharges that affect both systems.  Mr. Richert noted that Orono is ahead of the curve in terms of mapping the town’s system.  He anticipated the mapping will be completed in 90 days.

 

Cathy Conlow stated that Brian Wintle has been working on a stormwater educational outreach project relating to proper disposal of pet waste.  She also noted that the Stream Cleanup date is Saturday, May 19, 2007. 

 

4.      Acknowledgments by Council Members

 

Tom Spitz thanked residents for their efforts in cleaning up their properties.

 

John Bradson thanked Chris Dorion and the Orono Village Association for planting all the tulips and flowers around town.  Mr. Bradson also thanked the town department heads for their preparation of the budget.  He noted that the budget process was going well and it was due to the staff’s preparation.

 

Lianne Harris thanked Ms. Conlow and the staff for a well prepared budget.  She acknowledged Evan Richert for his efforts with writing new ordinances.  Ms. Harris thanked Ruth Vaughan for leading the Stream Cleanup efforts.  Ms. Harris welcomed Maria Weinberger to the position of Assistant Town Manager.

 

Tom Perry acknowleged John Robichaud’s 37 years of employment with the Town as the Code Enforcement Officer and wished him well in his new endeavors.

 

Mark Haggerty acknowledged the work of the University staff and faculty during graduation weekend.

 

5.      Unfinished Business - None

 

6.      Consent Agenda

 

            Order 07-72    Order, setting the voting as 7 a.m. to 8 p.m. and the polling place as the Orono Council Chamber Municipal Building for all wards and precincts for the June 12th Special Referendum Election.

 

Order 07-73    Order, approving the Town Clerk’s appointment of Warden, Stan Borodko and Assistant Warden, Geoff Gordon for the June 12th Special Referendum Election.

 

Order 07-74     Order, changing the hours that the Registrar will accept registration of applicants who appear in person as follows:  On the last five business days before the June 12th Special Referendum Election, from 8:30 a.m. to 4:30 p.m. [MRSA 21A, Sec. 122.6A (2) and (8)].

 

Order 07-75    Order, appointing Cindy Dunton as the Animal Control Officer.

             

Order 07-76    Order, appointing all Council members to the standing Council committees with the following members serving as chairpersons:  Finance/Administration - John Bradson; Community Development - Terri Hutchinson; and Operations - Tom Spitz.

 

Order 07-77    Order, approving the following committee appointments/reappointments, as recommended by the Community Development Committee:

Planning Board:  Christa Schwintzer (regular seat, expiring 2012) Judson McIntosh (regular seat, expiring 2009) and Shari Kinnison (associate seat:  expiring 2012)

Board of Appeals: Shane Martin and Betty Lee Comstock (regular seats, expiring 2010) and Mary Cathcart (associate seat, expiring 2010)

Library Board of Trustees: Judith Hakola and David Chase (regular seats, expiring 2010)

Library Board of Trustees, Youth Members: Hannah Cyrus (regular youth member, expiring 2008) and Emma Hornsby (associate youth member, expiring 2008)

Community Beautification Committee: JoAnn Hall, John Bradson and Chris Dorion (regular seats, expiring 2010)

Tree Board: Emily Wesson and Cynthia Blease (regular seats, expiring 2010)

Trail Committee:  David Thompson, Gail White, Jack Blease, Cynthia Blease, Sally Jacobs and Chris Dorion (regular seats, expiring 2009)

 

Order 07-78    Order, confirming the contract of Calvin Smith as Public Works Director for the Town of Orono, effective May 1, 2007 to April 30, 2009.

 

Order 07-79    Order, confirming the contract of Maria Weinberger as Assistant Town Manager for the Town of Orono, effective May 1, 2007 to April 30, 2009.

 

Order 07-80    Order, setting June 4, 2007 at 7:00 p.m. as the date for a public hearing to discuss the 2007-2008 Municipal, School, Capital, Hazmat and WPCF budgets.

 

            Order 07-81    Order, setting June 4, 2007 at 7:00 p.m. as the date for a public hearing for reviewing the Orono Village Center District Development Program.

 

 

 

            Order 07-82    Order, setting June 4, 2007 at 7:00 p.m. as the date for the public hearing on the estimating and assessing of assessments upon all lots or property within the Village Center Tax District (Municipal District) and establishing a tax rate for Fiscal Year 2008.

 

Order 07-83    Order, setting June 4, 2007, 7:00 p.m., as the date for a public hearing to consider a sewer rate increase for FY 2008.

 

Order 07-84    Order, setting June 11, 2007 at 7:30 p.m. as the date for a public hearing to consider amending the Town Ordinances, Chapter 18 Land Use, Article VII Subdivision Review, Section 18-210, Table 7.4 Minimum Design Standards for Street, Travelway (pavement width) on minor streets with curbs from 28’ to 24’.

 

Order 07-85    Order, setting June 11, 2007 at 7:30 p.m. as the date for a public hearing to consider adding to the Town Ordinances, Chapter 8 Buildings and Building Regulations, Article III Housing Code, Section 8-90 Heating Facilities, (d) Construction and maintenance of solid fuel boilers.  Solid fuel boilers are prohibited from freestanding outdoor installation or installation in a freestanding accessory structure. Solid fuel boilers must be installed within the primary use structure to which they provide heat/hot water and be installed in accordance with the manufacturer's installation instructions, NFPA 211 (Chimney and Vents) and any other applicable building code requirements. 

 

Order 07-86    Order, committing a true list of sewerage service assessments to Wanda J.

                        Thomas, Treasurer, in the amount of $107,921.52.

 

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

 

7.      New Business

 

Order 07-87    Order, authorizing the Town Clerk’s Office to have Blanket Authority to Sign Applications for Special Permit for Catering Privileges Off-Premises within the Town of Orono.

 

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

 

Ms. Conlow stated that giving blanket authority to the Town Clerk’s office to sign permits for special catering privileges off-premises will allow the permits to be processed in a timely manner for these one-day events.  She noted that each establishment is required to hold valid liquor licenses and the Clerk’s Office would know of any problems or concerns.

 

Order 07-88    Order, authorizing the Town Manager, in consultation with the Community Development Committee, to Negotiate with Mohamad Musavi to develop a proposed easement concerning the granting of an easement on Town property for the purpose of constructing a connector street and related facilities from Page Place to Gilbert Street and the dedication of the street and facilities to the Town as a town way, and setting June 11, 2007 at 7:30 p.m. as the date for a public hearing to consider the proposed easement.

 

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

 

Ms. Conlow stated she would negotiate with Mr. Musavi and bring the proposed easement to the Community Development Committee for review before going to Council on June 11, 2007.

 

8.      Future Agenda Items/Items of Concern

 

Tom Perry asked about the status of the FY05-06 audit review.  Ms. Conlow stated the Finance Committee meeting to review the FY05-06 Audit Report with Auditor Rich Emerson is set for Wednesday, May 23, 2007 at 4:30 p.m.

 

John Bradson asked about the follow up to the Red Shield meeting.  Ms. Conlow noted that she had not drafted a letter because she was waiting for Mr. Gordon’s return.  Geoff Gordon stated he intended to follow up with DEP either in writing or in person.   Terri Hutchinson suggested having DEP address the questions with the Council.  Ms. Conlow stated she would be glad to make that request.

 

John Bradson commented that the issue is larger than Red Shield and urged looking at the overall policies of the Juniper Ridge Old Town Landfill and the long-range impact/benefits to Orono.  Ms. Conlow suggested inviting representatives from the State Planning Office to Orono to speak on their long-term policies/vision for the area.

 

Ms. Hutchinson supported the need for a public forum for citizens to have the opportunity to speak on these issues.  She noted it needs to be well publicized and focused.  The Council discussed the best way to go about getting public input/concerns and also answers from the State Planning Office and DEP.   Ms. Hutchinson suggested hearing from the residents present before deciding how to proceed.

 

9.      Public Petitions - None

 

10.  Public Comments

 

Paul Schroeder thanked the Council for getting involved in the solid waste issues.  He supported a public forum that would allow people to make comments to the Council on a variety of issues.  Mr. Schroeder provided Council with 3-D photos of truck traffic through Orono.

 

Nancy Bauer also thanked Council for taking an interest in the solid waste concerns.

 

Meg Haskell spoke on the unsightly crack in the head of the Civil War Monument in Webster Park.  She urged the Council to take the statue down and store it or fund the repairs needed.  She commented that in its current state, the statue is a sign of disrespect.

 

Lianne Harris agreed with Ms. Haskell.  She explained that fundraising for the repairs have been ongoing.  Ms. Conlow added that the Town does not have a place to store it safely and grant money is currently being sought to fund the repairs.

 

John Bradson agreed that the repairs to the monument should be done.  He commented that it is a question of Town commitment to the project.  He urged not touching the monument until it has been properly evaluated.  He stated he would support funding the repairs from the undesignated fund.  Mr. Bradson commented that the statue symbolizes the struggle and commitment of this country.

 

Sam Hunting commented that although solid waste is a long-term issue, he urged the Council to act soon to hold a public information session.

 

Ms. Conlow asked Council for clarification on how to proceed.  She suggested holding a public meeting to gather information/concerns and then have the State Planning Office and DEP come to Orono to answer questions.  Ms. Hutchinson noted there may need to be several public sessions to gather input.

 

Paul Schroeder agreed that Council should take the lead, hold the public input session, then invite the State to answer the questions and concerns.

 

The Council agreed that the first step to take is to hold a public forum the end of June, after the budget is adopted.

 

11.  Adjournment

 

At 9:30 p.m., John Bradson moved and Terri Hutchinson seconded to adjourn.  All voted in favor,

7-0.  

 

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

 

Respectfully submitted,

 

 

 

Nancy W. Ward

Administrative Assistant