TOWN
OF
COUNCIL
CHAMBER -
MONDAY,
NOVEMBER 13, 2006 AT 7:00 P.M.
1.
Roll Call
Present: Council Chair Geoff Gordon, John Bradson,
Terri Hutchinson, Tom Spitz, Mark Haggerty, Lianne Harris, Tom Perry and Town
Manager Catherine Conlow.
2.
Executive Session
a.
Request for Poverty Tax Abatement
#2007-01
At 7:02 p.m., Lianne Harris moved and
John Bradson seconded to go into executive session to discuss item a. All voted in favor, 7-0.
At 7:20 p.m.,
John Bradson moved and Tom Perry seconded to go into regular session. All voted in favor, 7-0.
(Council
recessed until 7:30 p.m.)
Order 06-199 Order, to consider a request for Poverty Tax Abatement #2007-01
Moved by Terri
Hutchinson and seconded by Lianne Harris to friendly amend Order 06-199 to
approve a request for Poverty Tax Abatement #2007-01 in the amount of $574.60
for FY2004-2005.
All voted
against, 0-7. Motion fails.
3.
Approval of minutes of October 16, 2006
and October 30, 2006
Moved by John
Bradson and seconded by Tom Perry. All
voted in favor, 7-0.
4.
Public Hearings
a.
To
consider Maine Municipal Association’s General Assistance Ordinance Appendices
(A, B, & C), which were effective October 1, 2006 and will replace existing
appendices dated October 1, 2005, to be in compliance with Title 22, MRSA,
Section 4305(4).
Public hearing a. opened at 7:35
p.m.
Order 06-200 Order,
approving the Maine Municipal Association’s General Assistance Ordinance
Appendices (A, B & C), which were effective October 1, 2006 and will
replace existing appendices dated October 1, 2005 to be in compliance with
Title 22, MRSA, Section 4305(4).
Moved by John
Bradson and seconded by Tom Perry. All
voted in favor, 7-0.
b. To consider a Class XI – Spirituous, Vinous & Malt Liquor License for Albenco Inc., d/b/a Ushuaia & Finger Rock, 103 Park Street.
Public hearing b. opened at 7:35
p.m. Town Attorney Tom Russell gave an
overview of the status of Albenco’s liquor license appeal process. He advised that Council deny the license
application on be basis that it is not yet eligible to file an application
because the 6-month wait requirement from final denial to reapplication has not
taken place. He also recommended Council
conduct the public hearing and receive evidence on the merits of the
application.
John Bradson asked what date the 6-months
timeframe is running on. Mr. Russell
stated he believes it to be the date on which the denial becomes final and all
appeals are exhausted.
Public hearing b. closed at 7:45 p.m.
Order
06-201 Order, approving a Class XI –
Spirituous, Vinous & Malt Liquor License for Albenco Inc., d/b/a Ushuaia
& Finger Rock,
Moved by John
Bradson and seconded by Lianne Harris.
All voted against, 0-7. Motion
fails.
Acting Police
Chief Duquette reported on various assaults and disorderly conduct throughout
the year at Ushuaia’s. He noted that
most of the incidents have been alcohol related. He acknowledged the establishment’s
willingness to call the police when needed and to confiscate fake IDs. He also acknowledged that more incidents
occur at Ushuaia’s than any other licensed establishment in town.
Owner Alex Gray
spoke in support of his staff screening people and turning away those overly
intoxicated. He described his patrons
as split between college students and out of town people. Mr. Gray described the training offered to
his staff.
After Council voted unanimously against
the license application, each member gave their reasons. All seven Councilors voted against the
license due to legal counsel’s advice that they are not eligible to reapply. Six of the Councilors voted against the
license on its own merits because they do not believe it to be a safe
environment due to the repeated physical assaults and behavior associated with
excessive alcohol consumption. The
Council acknowledged that some positive steps have been taken; however, there
are still issues of alcohol management that need to be addressed.
5.
Update on Disorderly House Ordinance by
Acting Police Chief Duquette
Chief Duquette
gave an overview of the Disorderly House Ordinance. He reported on the number of warning letters
sent since September 2004. He stated
that two positive results have occurred with the new ordinance: cooperation from landlords and the ability of
an officer to enforce the laws. He noted
that in some cases the police case files are taken to the University for
student affairs action. He also noted
that many times the disorderly event is with people from out of town. Chief Duquette described the initial situation
at Orchard Trails and noted that improvements have been made by having a security
guard on duty part-time and that the police have access to the facilities.
Chief Duquette
noted that with any disorderly situation people need to call the police
department. Geoff Gordon suggested
putting information in the Orono Observer at least twice a year.
6.
Acknowledgments by Council Members
Each of the
Councilors recognized the work of the election staff, volunteers and voters for
their efforts with the recent elections.
Acknowledgements went out to
Lianne Harris
acknowledged the passing of two wonderful women in the community, Bev Styrna
and Kay Hyatt.
John Bradson
acknowledged the work of the town staff in putting on a Thanksgiving Dinner for
the Orono Senior Citizens. Geoff Gordon
announced that it will be held on November 16, 2006 at 4:30 p.m. at the Birch
Street Senior Citizens Center for all who would like to attend.
7.
Unfinished Business - None
8. Consent
Agenda
Order 06-202 Order, appointing Morgan Malinowitz to replace Jesse Ouellette on
the University/Town Relations Committee, until April 2007.
Order 06-203 Order, approving a “Blanket Letter of Approval” from November 30, 2006 to November 30, 2011 to operate Beano/Bingo and/or Games of Change to the American Legion Post #84, 156 Park Street.
Order 06-204 Order, establishing the National Incident Management System as the Town’s Standard for Incident Management by Proclamation.
Order 06-205 Order, committing a true list of sewerage service assessments to Wanda J.
Thomas, Treasurer, in the amount of $112,418.82
Moved by John Bradson and seconded by
Lianne Harris to approve the consent agenda.
All voted in favor, 7-0.
9.
New Business
Moved by
John Bradson and seconded by Terri Hutchinson.
All voted in favor, 7-0.
Order 06-207 Order,
authorizing the creation of a Rural Zoning Working Committee, to be appointed
by the Town Council and to report to the Community Development Committee, for
the purpose of updating the Comprehensive Plan relating to, and recommending
the amendment of, boundaries, terms, and zoning of the existing Forestry and
Agricultural District. The Rural Zoning
Working Committee shall be composed of thirteen members, representing the Town
Council, Planning Board, landowners in the Forestry and Agricultural District,
the Orono Trail Committee and/or Orono Land Trust, businesses in the Forestry
and Agricultural District, and citizens at-large. It shall report its recommendations to the
Community Development Committee by September 30, 2007.
Moved by
John Bradson and seconded by Terri Hutchinson.
All voted in favor, 7-0.
Geoff Gordon announced that anyone
interested in serving on this committee should request an application from the
town. He noted that all applications
will be brought before the Community Development Committee.
10. Future
Agenda Items/Items of Concern
Mark Haggerty
asked about the outcome of the Blue Ribbon Solid Waste Commission meeting. Ms. Conlow stated that the process is just
beginning. She stated that the
Commission had empathy toward the town, but the key will be to define the impact. The Town of
Mr. Haggerty
commented that residents were glad to open discussions regarding neighborhood
concerns about rental properties.
Tom Perry asked
for a meeting with the Orono Library Foundation.
John Bradson
asked that the 55-acre property in Orono that relates to the Red Shield
purchase in
Geoff Gordon
stated that he is on the Penobscot County Budget Committee and the major
increase is due to the county jail.
11. Public
Petitions
Dan LaPointe
requested the Council review his right-of-way concerns at the end of
12. Public
Comments
Derek Mitchell
spoke against setting a cap from 5 to 3 on how many unrelated tenants are
allowed in a rental property. He noted
that student expenses are high and it helps to share apartments. He stated that reducing the number of tenants
allowed in rental properties will negatively affect landlords. He urged Council to find other solutions to
solving problems in neighborhoods than cutting the number of tenants.
Bill Palmo
stated that he felt Council’s attacks on Mr. Gray to be inappropriate. He urged Council to take into consideration
students’ need for entertainment. Mr.
Gordon commented that Council is not opposed to student entertainment, but he
is opposed to repeated violence.
13. Adjournment
At 9:20 p.m., John Bradson moved and Tom
Perry 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