TOWN OF ORONO

COUNCIL MEETING

COUNCIL CHAMBER - MUNICIPAL BUILDING

MONDAY, OCTOBER 20, 2008 AT 7:30 P.M.

MINUTES

1. Roll Call

Present: Council Chair Geoff Gordon, Lianne Harris, Tom Perry, Mark Haggerty, Cindy Mehnert, Tom Spitz and Town Manager Catherine Conlow. Absent: Terri Hutchinson.

2. Approval of minutes of September 8, 2008

Moved by Lianne Harris and seconded by Cindy Mehnert. All voted in favor, 6-0.

3. Public Hearings

a. To consider an application being submitted to the State for the Riverfront Community Development Bond Program. The purpose of the grant is to assist with the development of a waterfront access park on Town land off Summer Street, a neighborhood pocket park on the Penobscot River off Broadway, and related trail and sidewalk segments.

Public hearing a. opened at 7:31 p.m.

Town Planner Evan Richert explained that the town would like to apply for grant funding through the State for the development of a waterfront access park on town land off Summer Street, a neighborhood pocket park on the Penobscot River off Broadway, and related trail and sidewalk segments. The concept of downtown trails, the acquisition of riverfront land, and a trail easement from PPL Maine has been a goal of the town for quite some time. Funds have been needed to implement the plan. He noted that an ad hoc group was developed to assist in developing the plan. He described the two interconnecting trail loops (the lunch trail loop and the river trail loop), the waterfront access park, the pocket park, and Pine Street sidewalk improvements. Mr. Richert stated there is a 2 to 1 funding match requirement. He noted that the land acquisition, building demolition, Pine Street sidewalk improvements and PPL easement can all be part of the match requirement.

Public Comments

Elaine Clark, Associate Vice President of Administration and Finance at the University of Maine, spoke in support of this cooperative project. She stated that the University signed the joint resolution. She expressed that it is important to the students, faculty and staff of the University. It will improve the quality of the downtown and attributes of the river by providing access and trails. She noted that it will improve the quality of life for everyone and compliment the University’s programs in the summer. She stated that parks and trails are the gateway for future growth. Ms. Clark summarized that she is in favor of a first class university and downtown.

Gail White, member of the Orono Land Trust, stated that her organization also signed the joint resolution. She noted that this project supports the Healthy Maine Walks. She stated that access to trails and the waterfront are goals of the Orono Land Trust. It will provide a way for people to be healthier, enjoy the scenery, and provides easy access to walking.

Chris Dorion, of 79 Bennoch Road and user of trails, commented that this project is a wonderful opportunity for exercise and provides an easy access to all for lunchtime walks.

Dan LaPointe of 201 Kelley Road, stated this is a great project but had questions as to whether landowner’s rights are being protected. He asked about the deed with PPL Maine. Ms. Conlow clarified that no one is forcing private landowners to give up access. She stated that PPL Maine is granting the Town a 10-foot wide trail easement through their property. Easements will need to be negotiated with other property owners for segments of the trail that are not part of this project before the public can cross their properties. Mr. LaPointe stated he supports the project and is glad to hear that property owners are being protected.

David Thompson, Chairman of the Trails Committee, stated that he is happy to see the project and supports it 100%.

Judy Sullivan, of 214 Forest Avenue, stated that she has nothing against the project, but would like an explanation of the economic development advantages. Ms. Conlow stated that the project will bring people to the downtown area to walk the trail loop and use the parks and waterfront access, and also to shop and have lunch. It will be a plus for the downtown businesses.

Jay Shields, resident and downtown business owner of Byers Manufacturing, commented that he lives, works and walks with friends during lunchtime in the downtown area. He noted that they even walk on undeveloped trails, which will be wonderful to have developed. He commented that in Germany they have wonderful walking trails that are the fabric of their country. Mr. Shields stated that he fully supports trails in the downtown area and is in favor of the grant application.

Public hearing a. closed at 7:55 p.m.

Order 08-158 Order, approving an application being submitted to the State for the Riverfront Community Development Bond Program. The purpose of the grant is to assist with the development of a waterfront access park on Town land off Summer Street, a neighborhood pocket park on the Penobscot River off Broadway, and related trail and sidewalk segments.

Moved by Tom Perry and seconded by Lianne Harris. All voted in favor, 6-0.

Mark Haggerty commented that it is a great idea to develop trails and access to the waterfront and great for the community. He stated it promotes health, scenic beauty and economic development.

Cindy Mehnert stated that she whole-heartedly supports the grant application and project. She commented that it is a fantastic idea. She thanked everyone involved in the project.

Tom Spitz thanked everyone involved and recognized that a lot of effort has been put into making it happen.

Lianne Harris commented that she enjoys walking around the area, but has found some of the areas inaccessible for someone unstable on their feet. She thanked everyone involved for working to have trails that are accessible for everyone to enjoy.

Geoff Gordon thanked PPL Maine for the speed and effort of their support of a trail system in the downtown area. He thanked the company for their support and presence in the community. He noted that it is a win/win for everyone.

b. To consider a Victualer’s License for Bell’s IGA, 6 Stillwater Avenue.

Public hearing b. opened at 7:56 p.m. Code Enforcement Officer Bill Murphy reported that he inspected Bell’s IGA and found it to be in compliance with state and local regulations. The staff is recommending approval. Dan LaPointe spoke in favor of the license, commenting that it is one of the best businesses in Orono. He noted it has easy access and good prices. Public hearing b. closed at 7:58 p.m.

Order 08-159 Order, approving a Victualer’s License for Bell’s IGA, 6 Stillwater Avenue.

Moved by Lianne Harris and seconded by Tom Perry. All voted in favor, 6-0.

c. To consider a Victualer’s License for China Garden, 6 Stillwater Avenue.

Public hearing c. opened at 7:59 p.m. Code Enforcement Officer Bill Murphy reported that he inspected China Garden and found it to be in compliance with state and local regulations. The staff is recommending approval. No public comments were made. Public hearing c. closed at 8:00 p.m.

Order 08-160 Order, approving a Victualer’s License for China Garden, 6 Stillwater Avenue.

Moved by Lianne Harris and seconded by Tom Perry. All voted in favor, 6-0.

d. To consider a Victualer’s License for Dirigo Pines Inn, 9 Alumni Drive.

Public hearing d. opened at 8:01 p.m. Code Enforcement Officer Bill Murphy reported that he inspected Dirigo Pines and found it to be in compliance with state and local regulations. The staff is recommending approval. No public comments were made. Public hearing d. closed at 8:02 p.m.

Order 08-161 Order, approving a Victualer’s License for Dirigo Pines Inn, 9 Alumni Drive.

Moved by Cindy Mehnert and seconded by Lianne Harris. All voted in favor, 6-0.

e. To consider a Victualer’s License for Mac’s Convenience Stores LLC, d/b/a Circle K #7089, 53 Main Street.

Public hearing e. opened at 8:03 p.m. Code Enforcement Officer Bill Murphy reported that he inspected Mac’s Convenience Stores LLC, d/b/a Circle K #7089 and found it to be in compliance with state and local regulations, however they have not been inspected by the State as of yet. The staff is recommending approval. No public comments were made. Public hearing e. closed at 8:04 p.m.

Order 08-162 Order, approving a Victualer’s License for Mac’s Convenience Stores LLC, d/b/a Circle K #7089, 53 Main Street.

Moved by Lianne Harris and seconded by Tom Perry. All voted in favor, 6-0.

Lianne Harris questioned whether Subway is still located in the building. Ms. Conlow confirmed that they are.

Cindy Mehnert asked if there was any problem with approving the license without it having been inspected. Mr. Murphy noted that the prior business had been inspected, but the new business has not changed hands yet and will be inspected once it does.

f. To consider a Victualer’s License and Class III Malt & Class IV Vinous Liquor Licenses for S & M Corporation, d/b/a Thai Orchid, 28 Mill Street.

Public hearing f. opened at 8:05 p.m. Code Enforcement Officer Bill Murphy reported that he inspected Thai Orchid and found it to be in compliance with state and local regulations. The staff is recommending approval. No public comments were made. Public hearing f. closed at 8:06 p.m.

Order 08-163 Order, approving a Victualer’s License for S & M Corporation, d/b/a Thai Orchid, 28 Mill Street.

Moved by Lianne Harris and seconded by Cindy Mehnert. All voted in favor, 6-0.

Order 08-164 Order, approving a Class III Malt & Class IV Vinous Liquor Licenses for S & M Corporation, d/b/a Thai Orchid, 28 Mill Street.

Moved by Lianne Harris and seconded by Cindy Mehnert. All voted in favor, 6-0.

g. To consider a Class I – Malt, Spirituous & Vinous Liquor License for Farnsworth Enterprises, Inc., 11 Mill Street.

Public hearing g. opened at 8:06 p.m. Code Enforcement Officer Bill Murphy reported that he inspected Farnsworth Enterprises, Inc. and found it to be in compliance with state and local regulations. The staff is recommending approval. No public comments were made. Public hearing g. closed at 8:07 p.m.

Order 08-165 Order, approving a Class I – Malt, Spirituous & Vinous Liquor License for Farnsworth Enterprises, Inc., 11 Mill Street.

Moved by Tom Perry and seconded by Lianne Harris. All voted in favor, 6-0.

h. To consider amendments to the Ordinances of the Town of Orono, Chapter 18 Land Use, Section 18-31, Definition of Lot Area.

Public hearing h. opened at 8:08 p.m.

Planner Evan Richert explained that when the Town of Orono adopted, verbatim, the language of the State’s model shoreland zoning ordinance and incorporated it into the Land Use Ordinance the definition ended up applying town-wide, not just in the shoreland area. He noted that was not the intent and it is inconsistent with past practice of using the more conventional definition of “lot area”. This has caused some confusion and has inadvertently affected the development of some subdivisions. We are recommending that the definition of “lot area” be amended. This will properly limit the more restrictive definition of “lot area” to shoreland zones and will continue to exclude roads as part of “lot area” town-wide.

Dan LaPointe expressed concerns about the effect of high water levels and vernal pools on properties. Ms. Conlow commented that the proposed definition of lot area will clean up the language to be less restrictive outside the Shoreland zones.

Code Enforcement Officer Bill Murphy explained that the change will allow development on lots that have not been allowed with the current language.

Public hearing h. closed at 8:17 p.m.

i. To consider amendments to the Ordinances of the Town of Orono, Chapter 18 Land Use, Section 18-136 Flexibility in Clustered Development.

Public hearing i. opened at 8:18 p.m.

Mr. Richert explained that it had generally been assumed that, in clustered developments, Planning Boards had the authority to exercise flexibility in determining certain dimensional requirements, such as street frontage and setbacks. A court case, however, ruled that they did not. The Legislature remedied this by adopting legislation that provides for that authority, if it is explicitly given by the ordinance.

Mr. Richert recommended that the Planning Board be given this limited authority as a way to promote and accommodate clustered development. He noted that this ability already is allowed under regular development.

Judy Sullivan questioned how this amendment affects the proposed F&A rezoning. Mr. Richert stated that it will apply to clustered development in the other districts, which is different than the proposed F&A district.

Dan LaPointe questioned whether the new language could give the Planning Board flexibility to potentially act in bad faith to a developer. Ms. Conlow stated there is a check and balance through the Appeals Board. Mr. Richert noted that the proposed changes are intended to assist the developer.

Public hearing i. closed at 8:30 p.m.

j. To consider granting a Municipal Release Deed Easement to Philip & Kim Demers,

195 Bennoch Road, Old Town.

Public hearing j. opened at 8:31 p.m.

Ms. Conlow stated she was contacted by Consumer Title regarding a request by Phillip and Kim Demers for a driveway easement to Bennoch Road over land owned by the Town of Orono.

The Demers have agreed to pay the associated costs. At this time, we have not received the escrow from the Demers. As soon as it is received, the Town will process the easement through the Town Attorney’s office. The purpose of the easement will be to grant access to the property and will require the landowner to maintain the easement. Should there be any complications with respect to this easement, it will be brought back before the council.

No public comments were made. Public hearing j. closed at 8:33 p.m.

Order 08-166 Order, authorizing the Town Manager to negotiate an Municipal Release Deed Easement to Philip & Kim Demers, 195 Bennoch Road, Old Town.

Moved by Lianne Harris and seconded by Cindy Mehnert. Friendly amended by Tom Perry and seconded by Tom Spitz to delete, “Municipal Release Deed”. All voted in favor of the order as friendly amended, 6-0.

Ms. Conlow requested that Council change the language of the order to simplify the easement.

4. Acknowledgments by Council Members

Cindy Mehnert thanked the employees for their efforts in preparing for the election. She also thanked the Police Department for being proactive in their training efforts.

Tom Spitz urged everyone to vote on Tuesday, November 4, 2008.

Tom Perry commented that he attended the Maine Municipal Association’s Convention and acknowledged their work on behalf of the cities and towns of Maine. He also acknowledged Town Manager Cathy Conlow for being elected Vice President of MTCMA.

Lianne Harris encouraged residents to vote early. She also commented that the painting of downtown buildings are colorful, and a nice touch for the downtown.

Geoff Gordon thanked the Trail Day volunteers for their efforts and upkeep of the trails. He noted that trails are a real asset to the community.

Mr. Gordon acknowledged the Code Enforcement Officer’s efforts in supplying the State inspection dates on the license application forms.

5. Unfinished Business - None

6. Consent Agenda

Order 08-167 Order, appointing Lianne Harris and Tom Spitz (Council Representatives); Jamie Comstock and Dee Virtue (Community Representatives); Stefanie Egenhofer or Jean Carville (Orono Health Association Representative); and Emily Wesson (Orono School Nurse) to the Community Health Advisory Committee.

Order 08-168 Order, setting the hours of voting as 7 a.m. to 8 p.m. and the polling places as the Birch Street School Senior Center in Ward 1, Precinct 1; University Memorial Union, All Purpose Room in Ward 1, Precinct 2; and the Orono Council Chambers, Municipal Building for Ward 1, Precinct 3 and Ward 2 for the November 4th General and Referendum Election.

Order 08-169 Order, approving the Town Clerk’s appointment of Wardens and Assistant Wardens for the November 4th Referendum Election:

Ward 1, Precinct 1 Warden – John McDonough

Assistant Warden – Geoffrey Gordon

Ward 1, Precinct 2 – Warden – Mark Haggerty

Assistant Warden – Thomas Spitz

Ward 1, Precinct 3 Warden – Thomas Perry

Assistant Warden – Cynthia Mehnert

Ward 2 Warden: Stan Borodko

Assistant Warden: Terri Hutchinson

Order 08-170 Order, committing a true list of sewerage service assessments to Wanda J. Thomas, Treasurer, in the amount of $118,925.18.

Moved by Lianne Harris and seconded by Tom Perry to approve the consent agenda. All voted in favor, 6-0.

7. New Business

Order 08-171 Order, authorizing the Town Manager to sign the Memorandum of Understanding with PVCOG to provide Animal Control Services.

Moved by Lianne Harris and seconded by Tom Perry. All voted in favor, 6-0.

Ms. Conlow stated that each municipality is required to have an Animal Control Officer. The town was approached by PVCOG to join in on a Regional Animal Control Officer through a Memorandum of Understanding with PVCOG to provide the services. The Town’s attorney is reviewing the document and will be providing minor changes. She will negotiate the terms as stated in the Memorandum of Understanding.

Order 08-172 Order, authorizing the Town Manager to sign a 2008 Tolling and Standstill Agreement between Mallinckrodt LLC and the Town of Orono.

Moved by Lianne Harris and seconded by Tom Perry. All voted in favor, 6-0.

Ms. Conlow stated that the towns and businesses being affected along the river have been asked to sign the Tolling and Standstill Agreement that basically states that we will not sue until a full review of the clean up has been completed. The Town’s attorney recommends signing the agreement.

Order 08-173 Order, that under authority granted by the Constitution and laws of the State of Maine, and pursuant to Section 5772 of Title 30‑A, Maine Revised Statutes, as amended, the Charter of the Town of Orono, and any other applicable authority under laws of the State of Maine thereto enabling the Treasurer and a majority at least of the Town Council of the Town of Orono, Maine are hereby authorized to issue the 2008 General Obligation Bond of the Town in a principal amount not exceeding Five Hundred Thousand Dollars ($500,000), the proceeds of the loan to be used for financing improvements to the road system and construction of a new library in the town of Orono, said loan to be evidenced by a General Obligation Bond of the Town, to be executed and delivered on behalf of the Town and payable over a period not to exceed twenty-one years (the “Bond”) and to be at such interest rates and upon such other terms and conditions as my be required by the Maine Municipal Bond Bank, with a schedule of principal and interest payments substantially as set forth on Schedule A, attached hereto.

Ordered, that the Town Treasurer or the Chairman of the Town Council be and each of them hereby is authorized for the foregoing purposes to make application to the Maine Municipal Bond Bank for sale of the Bond, and to execute a Loan Agreement with the Bond Bank in such form as the Bond Bank may require, and further, that the Town Treasurer, Clerk and Chairman of the Town Council be and each of them hereby is authorized to take such action to execute any and all documents, affixing the seal of the Town where necessary, in order to carry into effect the full intent of the foregoing votes or any of them.

Ordered, that all actions heretofore taken by the municipal officers of the Town of Orono relating to the issuance of the Bond to the Maine Municipal Bond Bank and they are hereby ratified, approved and confirmed.

Ordered, that pursuant to the requirements of the Internal Revenue Code of 1986, as amended, the Town designates the Bond to be a "qualified tax exempt obligation" of the Town, and that the Town shall not issue in 2008 an aggregate total amount of qualified tax exempt obligations in excess of $10,000,000. Further, the Town does not reasonably expect to issue qualified tax exempt obligations in an amount in excess of $5,000,000 during 2008.

Ordered, that the Town shall take any and all actions required under the Internal Revenue Code of 1986, as amended, to maintain the tax exempt status of the interest on the Bond, and to maintain the status of the Bond as a "qualified tax exempt obligation" of the Town, and that the Bond may be subject to such further terms and conditions as may be agreed to by a majority at least of the Town Councilors and the Treasurer of the Town to carry into effect the full intent of this vote.

Ordered, that the law firm of Eaton Peabody is hereby designated as bond counsel for the Town to advise the Town with respect to the issuance and sale of the Bond, and to prepare documents and render opinions as may be necessary or convenient for the purpose.

Ordered, that the Chairman of the Town Council or the Treasurer of the Town be, and each of them hereby is, authorized to execute and deliver on behalf of the Town a Loan Agreement between the Town of Orono and the Maine Municipal Bond Bank in such form and with such terms as the Maine Municipal Bond Bank shall require for the Bond.

Ordered, that all actions heretofore taken by the municipal officers of the Town of Orono relating to the issuance of the Bond to the Maine Municipal Bond Bank be and they hereby are ratified, approved and confirmed.

Ordered, that the municipal officers and officials of the Town are hereby authorized to execute all documents and certificates, and to take any and all actions, including affixing the seal of the Town, as may be necessary or convenient to carry out the foregoing orders or any one of them.

Moved by Lianne Harris and seconded by Tom Perry. All voted in favor, 6-0.

Ms. Conlow stated that this bond order was signed in September with Order #08-157; however, it lacked the period of time for repayment and the interest rates because the bonds were pre-marketed to get the rates.

8. Future Agenda Items/Items of Concern

Geoff Gordon asked about the date of the flu clinic. Ms. Conlow stated that it is scheduled for Wednesday, October 29^th from 3-7:00 p.m. in the Council Chambers.

Geoff Gordon requested a report on the Rental Registration Program as to the amount of response and the plan of action to be taken.

Mr. Gordon commented that he did not want the repair of the tennis court to be forgotten.

Mr. Gordon suggested reviewing the financial concerns of the town to be able to plan ahead.

Ms. Conlow read a notice that the Town Office will be open to Election related business only on Election Day, November 4, 2008 due to the high volume of election business and limited staff.

9. Public Petitions - None

10. Public Comments

Dan LaPointe stated that he wants the decisions of the Planning Board to be equitable for people. He questioned what was being done to help people with heating needs this winter.

Assistant Town Manager Maria Weinberger stated that heating assistance is being provided through Penquis Cap and she has information available for anyone seeking assistance.

11. Adjournment

At 9:15 p.m., Tom Perry moved and Cindy Mehnert 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