TOWN OF ORONO
COUNCIL
MEETING
COUNCIL
CHAMBER - MUNICIPAL BUILDING
MONDAY,
JUNE 9, 2003 AT 7:30 P.M.
MINUTES
Lianne Harris acknowledged that this
would be Town Manager Gerry Kempen’s last official regular Council
meeting. She thanked him for his 10
years of service to the Town of Orono.
1. Roll
Call
Present:
Council Chair Lianne Harris, John Bradson, Nick Houtman, Bryan Pearce, Terri
Hutchinson, Jo Carol Alford and Town Manager Gerry Kempen. Absent:
Geoff Gordon.
2. Approval
of minutes of May 12, 2003 and May 19, 2003
Nick Houtman
noted a correction to be made on page 8 of the May 12th minutes; “…
in-kind services from students the University of Maine
Marketing Department who will be producing the videos.”
Moved by Terri
Hutchinson and seconded by John Bradson to approve the minutes as amended. All voted in favor, 6-0.
3. Discussion
a. Update
on Library
John Bradson
reported that the Orono Public Library Foundation was meeting tonight at 7:00
p.m.
b. Update
on Trail Committee
David Thompson,
Chairman, gave a report on the projects and activities of the Trail
Committee: Orono Trails Map; Healthy
Maine Walks; Bicycle-Pedestrian Bridge over the Stillwater River; Brownies Park
parking lot and erosion control at the water’s edge; the entrance to the River
Trail; Trail along the Penobscot, off Broadway; a connector trail from Tech
Park to Stillwater River Trail; Ayers Island Trail; and a pedestrian bridge
attached to the I-95 Stillwater Exit.
Terri
Hutchinson questioned the process by which the Bicycle-Pedestrian Bridge over
the Stillwater River project was chosen and forwarded to Congressman Michaud
for support. She questioned whether it
had been approved by Council. Mr. Kempen
explained that this project was put forward by BACTS and would be paid 100%
outside the town. Sally Jacobs
explained that these are special funds that are not competing with any other
projects. The project was selected by
BACTS due to its uniqueness and innovative way of improving the transportation
issue.
Terri
Hutchinson suggested that the Operations Committee look at this project and
establish a protocol. Mr. Kempen stated
that this was a unique project supported by BACTS as a way to improve
transportation issues. This project is
still in a concept stage and would come before Council if it becomes a viable
project. Nick Houtman noted it is too
early to discuss.
Ms. Hutchinson
stated that the trail system connector sidewalk over Exit 51 needs to be
discussed further. She also noted that
the Ayers Island trails needs to be more accessible; currently the gate is only
open from 8:00 a.m. to 4:30 p.m. David
Struck noted that he would look into
the hours being extended.
Sally Jacobs
requested that the next Council meeting include “Healthy Maine Walks” on the
agenda. She stated that the goal is to
design walking communities. She noted
that there will be three walks designed for Orono.
4. Public
Hearings
a. To consider the disposition and sale of 25’x 112.5’ strips of town-owned land to the abutters at 24 Mainewood Avenue, Dennis and Deborah King; 31 Gilbert Street, Regina Kocur; and 33 Gilbert Street, Nancy Robinson
Public
hearing a. opened at 8:05 p.m. Sean
Wasson stated he was in favor of this disposition of land. Opponents:
None. Public hearing a. closed
at 8:07 p.m.
b. A Class I – Malt, Spirituous and Vinous Liquor License, an Auxiliary Liquor License, a Special Amusement Permit for Music, Dancing & Entertainment and a Victualer’s License for the Penobscot Valley Country Club, 366 Main Street
Public
hearing b. opened at 8:07 p.m. Al
McAvoy, Food Manager of the Penobscot Valley Country Club, was present to
answer questions. He spoke regarding
their procedures for enforcement of the liquor laws and the location of an
auxiliary building and license.
Gerry Kempen
reported that John Robichaud, the Code Enforcement Officer has inspected the
Penobscot Valley Country Club and based on its conformance to State and Federal
regulations recommends that the license be approved.
Public
hearing b. closed at 8:10 p.m.
c. To consider the approval of Victualer’s Licenses for:
American
Legion Post #84, 156 Park Street
Big
Shoe Inc., d/b/a/ Subway, 10 Stillwater Avenue
Burger
King, 12 Stillwater Avenue
Dysart’s
Travel Stop, 17 Stillwater Avenue
Farnsworth
Enterprises, Inc., d/b/a Pat’s Pizza, 11 Mill Street
Margarita’s,
Inc., 15 Mill Street
The
Oronoka, 381 Main Street
Stillwater
Irving Mainway, 2 Stillwater Avenue
James
Swett, d/b/a Main Street Discount Tobacco, 2 Main Street
Twenty
Two Mill Street Corp/The Store Ampersand, 22 Mill Street
Public hearing a. opened at 8:10 p.m.
Gerry Kempen reported that John Robichaud, the Code Enforcement Officer
has inspected all of the establishments
and based on their conformance to State and Federal regulations recommends that
the licenses be approved. John Bradson
stated that he has a personal interest in The Store.
Public
hearing b. closed at 8:13 p.m.
5. Public
Petitions - None
6. Acknowledgments
by Council Members
Terri
Hutchinson read a letter from the American Legion Post #84 thanking Tom Dyer
and his crew for all their work at the Riverside Cemetery for Memorial Day
weekend. Ms. Hutchinson acknowledged
the work of the American Legion and the town crew.
Nick Houtman
thanked Gerry Kempen for his leadership and work with the town over the last 10
years. Bryan Pearce echoed the
sentiments and also thanked David Struck.
Mr. Pearce
thanked the Trail Committee, BACTS and Sandi Duchesne for the work and for
being proactive in their approach to projects.
John Bradson
thanked Gerry Kempen and David Struck.
He also thanked the Public Works crew for the efforts with Spring
Cleanup. He noted that he would gladly
pay for that service in the future.
Jo Carol Alford
thanked all the ladies involved in the Daffodil Luncheon. She also thanked the people involved in
putting on the Tasting Bee.
Lianne Harris
thanked the Orono Health Association for being devoted to healthcare in the
community. Ms. Harris acknowledged the
efforts of Jo Carol Alford in selling her recipe books to benefit the Edith
Patch House restoration project. She
noted that Ms. Alford would be holding a book signing at Borders this weekend
with proceeds going toward the project.
Lianne Harris
acknowledged the Orono Fire Department for receiving grants related to Homeland
Security.
7. Public
Comments
Stuart Dexter
stated that the crosswalks need to be painted.
Mr. Kempen stated that it is a service that is contracted out and will
be done as soon as they are able.
Public Works may be painting it in the future.
Nick Houtman
noted that the crosswalk sign at the corner of Main and Mill Streets is not
working. Mr. Kempen will check on it.
Terri
Hutchinson noted that the little painted men seem close to the crosswalk. Mr. Kempen will check on it.
Sean Wasson
stated that the percentage of people voting at the Municipal Election in March
is low. He proposed that the Council
start dialog to move all municipal elections to November. He noted that it is time for a change and
having the election in November will allow more students to be involved. Lianne Harris suggested that it be brought
before the Operations Committee to discuss.
Mr. Wasson stated that he would like to attend, however he would be away
until mid-July.
Lianne Harris
acknowledged Sean Wasson with a plaque for his years of service to the Town of
Orono on the Town Council.
8. Consent
Agenda
John Bradson requested
that Order 03-108 be taken up separately under “New Business.”
Order 03-107 Order, approving a Class I – Malt, Spirituous and Vinous Liquor License, an Auxiliary Liquor License, a Special Amusement Permit for Music, Dancing & Entertainment and a Victualer’s License for the Penobscot Valley Country Club, 366 Main Street
Order 03-109 Order, committing a true list of sewerage service assessments to Wanda J. Thomas, Treasurer, in the amount of $69,908.87
Order 03-110 Order, setting July 14, 2003 at 7:30 p.m. as
the date for a public hearing on amendments to the Town of Orono Ordinances, Chapter
6 Animals, Article II. Dogs regarding a town wide leash law.
Moved
by Terri Hutchinson and seconded by Nick Houtman to approved the consent
agenda. All voted in favor, 6-0.
9. New
Business
Order 03-108 Order, approving applications of Victualer’s Licenses to:
American
Legion Post #84, 156 Park Street
The
Big Apple Food Store #1016, 232 Main Street
Big
Shoe Inc., d/b/a Subway, 18 Mill Street
Big
Shoe Inc., d/b/a/ Subway, 10 Stillwater Avenue
Burger
King, 12 Stillwater Avenue
Dysart’s
Travel Stop, 17 Stillwater Avenue
Farnsworth
Enterprises, Inc., d/b/a Pat’s Pizza, 11 Mill Street
Margarita’s,
Inc., 15 Mill Street
The
Oronoka, 381 Main Street
Stillwater
Irving Mainway, 2 Stillwater Avenue
Twenty
Two Mill Street Corp/The Store/Ampersand, 22 Mill Street
Moved by Nick Houtman
and seconded by Terri Hutchinson. The
vote was 5-0 with John Bradson recusing himself from the vote due to his
personal interest in The Store/Ampersand.
Order 03-111 Order, accepting the resignation of Town Manager Gerry Kempen effective July 11, 2003.
Moved by Bryan Pearce and seconded by John Bradson. All voted in favor, 6-0.
Order 03-112 Order, appointing David Struck as the Acting Town Manager effective July 4, 2003.
Moved by Nick Houtman and seconded by John Bradson. All voted in favor, 6-0.
Order 03-113 Order, hiring the services of Maine Municipal Association for the recruitment of a new Town Manager not to exceed $4,500 to be drawn from the Town Manager’s budget.
Moved by Terri Hutchinson and seconded by John
Bradson. All voted in favor, 6-0.
Stuart Dexter stated that he was opposed to spending the funds for this
service. Terri Hutchinson explained all
of the services that will be provided through MMA. The professionalism and confidentiality of MMA’s services were
also noted. Elizabeth Schneider and
Sean Wasson spoke in favor of the services.
Order 03-114 Order, authorizing the disposition and sale of 25’x 112.5’ strips of town-owned land to the abutters at 24 Mainewood Avenue, Dennis and Deborah King; 31 Gilbert Street, Regina Kocur; and 33 Gilbert Street, Nancy Robinson.
Moved by Bryan Pearce and seconded by John Bradson.
Lianne Harris read a letter from Parks and Recreation Director Norm
Poirier requesting that the proceeds from the sale of the properties go to
improvements to the Orono trail system.
Mr. Kempen stated this was important in light of the Trail Committee
report.
Stuart Dexter stated that the funds should go into the general fund.
Sally Jacobs supported having capital set aside to possibly purchase
equipment for trail improvements.
Moved by Bryan Pearce and seconded by John Bradson to friendly amend the
order to include, “… and dedicating the sale proceeds to the Orono trail
system.” All
voted in favor of the motion as amended, 6-0.
Terri Hutchinson suggested that the terms of a special fund for the
improvement of the trail system be discussed at a Finance Committee
meeting. The Council agreed.
Dennis King thanked the Council for selling the land. He stated that there are liability issues
that impact the neighborhood that are associated with the trails, i.e. traffic,
parking, partying, and fires.
Lianne Harris suggested that these issues be discussed with Norm Poirier,
the Trail Committee, and neighborhood people at a Community Development
Committee.
Order 03-115 Order, authorizing the Town Manager to seek proposals for an environmental assessment and other related services at the potential Public Works Garage site on Penny Road, Old Town, as recommended by the Finance Committee.
Moved by John Bradson and seconded by Terri
Hutchinson. All voted in favor, 6-0.
Mr. Kempen stated that he will be meeting with the Old Town City Manager
and the attorneys and will report back to Council.
Order 03-116 Order, appropriating $124,000 from the Undesignated Fund Balance to pay for the following capital items: Heating System & Chimney at Keith Anderson Building $30,000; 6-Wheel Dump Truck for Public Works $40,000; Police Cruiser $28,000; Pickup Truck for Fire Department $26,000.
Moved by Nick Houtman and seconded by John Bradson. All voted in favor, 6-0.
Stuart Dexter questioned if town officials use town vehicles to
commute. Mr. Kempen explained that only
the Fire and Police Chiefs and Public Works Director have vehicles which are
specifically designed with necessary emergency lights, sirens, special
equipment and radios.
Order 03-117 Order, appropriating $12,000 from the Undesignated Fund Balance for the purchase of Town Office Computers.
Moved by Bryan Pearce
and seconded by John Bradson. The vote
failed, 3-3 with Lianne Harris, Terri Hutchinson and Nick Houtman opposed.
Gerry Kempen noted that this amount is also in the budget and if the
order passes it will be taken out of the budget. Mr. Kempen noted that this request is for six computers which
will include some training.
John Bradson suggested leasing the equipment versus purchasing it.
Terri Hutchinson suggested keeping it in the budget where it is more appropriate,
instead of using the undesignated fund balance.
10. Future
Agenda Items/Items of Concern
Nick Houtman noted that the University of Maine contributed $2,000 toward the matching funds of the video production grant.
In reviewing
the Planning Board agenda, Terri Hutchinson questioned why those issues had to
come before the Planning Board. Rick
Sands noted that he believed that they were setback issues which required
variances. He noted that CEO John
Robichaud can respond best.
Terri
Hutchinson asked about the status of the ramp for the Birch Street Community
Building. David Struck noted that the
Birch Street Community Building Committee would be meeting Monday, June 16,
2003 at 7:00 p.m. to discuss it. Ms.
Hutchinson requested that it be placed on the Special Council meeting agenda of
June 23, 2003, due to the urgency of needing a ramp in place.
11. Adjournment
At 9:40 p.m.,
Nick Houtman moved and John Bradson 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