TOWN OF ORONO COUNCIL MEETING COUNCIL CHAMBER - MUNICIPAL BUILDING MONDAY, MAY 8, 2017 AT 7:00 P.M. MINUTES

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1 TOWN OF ORONO COUNCIL MEETING COUNCIL CHAMBER - MUNICIPAL BUILDING MONDAY, MAY 8, 2017 AT 7:00 P.M. MINUTES 1. Roll Call Present: Council Chair Cindy Mehnert, Tom Perry, Sam Kunz, Tom Spitz, Meghan Gardner and Town Manager Sophie Wilson. Absent: Clint Relyea and Judy Sullivan. 2. Agenda Review Ms. Mehnert requested that Orders 17-74, and be taken off the Consent Agenda and taken up under New Business for discussion purposes. Sam Kunz announced to the public that the RSU#26 Budget Validation Referendum Election will be held on Tuesday, June 13, Approval of Minutes of April 10, 2017 Moved by Tom Perry and seconded by Sam Kunz. All voted in favor, Public Hearings a. To consider a Victualer s License for Verve Inc., 2 Mill Street. Public hearing a. opened at 7:04 p.m. Director of Community Development Dave Milan reported all inspections have been completed and all taxes and sewer have been paid. Staff recommends approval of the license. No public comments were made. Public hearing a. closed at 7:05 p.m. b. To consider a Special Amusement Permit for Music, Dancing and Entertainment for Tio Juan s Margaritas Restaurant and Watering Hole, 15 Mill Street. Public hearing b. opened at 7:05 p.m. Director of Community Development Dave Milan reported all inspections have been completed and all taxes and sewer have been paid. Staff recommends approval of the license. No public comments were made. Public hearing b. closed at 7:06 p.m. c. To consider a Class I Malt, Spirituous and Vinous Liquor License and Victualer s License for Chou Enterprises Inc. d/b/a China Garden, 6 Stillwater Avenue. Public hearing c. opened at 7:06 p.m. Director of Community Development Dave Milan May 8, Council Meeting Page 33

2 reported all inspections have been completed and all taxes and sewer have been paid. Staff recommends approval of the licenses. No public comments were made. Public hearing c. closed at 7:07 p.m. d. To consider a Class IV Tavern Liquor License, Special Amusement Permit for Music, Dancing and Entertainment and Victualer s for Timothy Gallon, d/b/a Black Bear Brewery, 19 Mill Street, Suite 4. Public hearing d. opened at 7:07 p.m. Director of Community Development Dave Milan reported all inspections have been completed and taxes have been paid. Ms. Wilson stated that the owner has been faithfully making payments on his outstanding sewer account. She noted that more than half of the total has been paid. Staff recommends approval of the licenses. No public comments were made. Public hearing d. closed at 7:08 p.m. e. To consider a Class I - Malt, Spirituous & Vinous Liquor License, Special Amusement Permit for Music, Dancing and Entertainment and Victualer s License to Wardwell, LLC, d/b/a The Family Dog, 6 Mill Street. Public hearing e. opened at 7:09 p.m. Ms. Mehnert disclosed that her law firm represents Wardwell, LLC; however, she has no involvement with the company. Director of Community Development Dave Milan reported all inspections have been completed and all taxes and sewer have been paid. Staff recommends approval of the licenses. Owner Sandy Wardwell commented that she was a graduate of the University of Maine and was excited to join the business community. She stated that she is happy to be in Orono. Mr. Perry asked whether Ms. Wardwell was aware of past noise concerns during Sunday brunches. Ms. Wardwell stated that it was brought to her attention and she intends to be respectful of the community. No other public comments were made. Public hearing e. closed at 7:10 p.m. f. To consider a Class I Malt, Spirituous & Vinous Liquor License, Special Amusement Permit for Music, Dancing and Entertainment and Victualer s License for The Bear s Den, Memorial Union, University of Maine. Public hearing f. opened at 7:11 p.m. Director of Community Development Dave Milan reported all inspections have been completed and all taxes and sewer have been paid. Staff recommends approval of the licenses. Ms. Wilson stated that the Fire Marshall reported that extensive renovations will be done to the Memorial Union and a new occupancy permit will be issued once it is completed. No public comments were made. Public hearing f. closed at 7:12 p.m. g. To consider a Class I Malt, Spirituous & Vinous Liquor License, Special Amusement Permit for Music, Dancing and Entertainment and Victualer s License for Wells Commons, University of Maine. May 8, Council Meeting Page 34

3 Public hearing g. opened at 7:13 p.m. Director of Community Development Dave Milan reported all inspections have been completed and all taxes and sewer have been paid. Staff recommends approval of the licenses. No public comments were made. Public hearing g. closed at 7:14 p.m. 5. Acknowledgments by Council Members Meghan Gardner acknowledged the passing of Police Captain Scott Scripture. She spoke of his 30 years of service to the Town and that his passing weighs heavy on the community. She also noted the passing of four Orono residents that had an impact on the community: Adrian Brooks (Brooksie); Alfred Dall, Dudley LaPointe and Gladys Noyes. Tom Spitz congratulated all of the University of Maine Graduates and their parents. Tom Perry acknowledged the passing of Captain Scripture and commented that it is a great loss to everyone and a pleasure knowing him. Mr. Perry noted the passing of David Nichols. He also commented on the tremendous work of the Beautification Committee. Sam Kunz spoke of the passing of Captain Scripture and commented that it is a great loss. He thanked the area police forces for covering the Town for the Orono Police Department. Cindy Mehnert also spoke of Captain Scripture s passing and commented that the ceremony was very moving. Ms. Mehnert acknowledged Sam Kunz for his recent acting performance. 6. Unfinished Business - None 7. Consent Agenda Ms. Mehnert announced the June 12 th Council Meeting public hearing on the budget and the June 13 th State Bond/RSU#26 Budget Validation Referendum Election. Order Order, approving a Victualer s License for Verve Inc., 2 Mill Street. Order Order, approving a Special Amusement Permit for Music, Dancing and Entertainment for Tio Juan s Margaritas Restaurant and Watering Hole, 15 Mill Street. Order Order, approving a Class I Malt, Spirituous and Vinous Liquor License for Chou Enterprises Inc. d/b/a China Garden, 6 Stillwater Avenue. Order Order, approving a Class IV Tavern Liquor License, Special Amusement Permit for Music, Dancing and Entertainment and Victualer s License for Timothy Gallon, d/b/a Black Bear Brewery, 19 Mill Street, Suite 4. May 8, Council Meeting Page 35

4 Order Order, approving a Class I - Malt, Spirituous & Vinous Liquor License, Special Amusement Permit for Music, Dancing and Entertainment and Victualer s License to Wardwell, LLC, d/b/a The Family Dog, 6 Mill Street. Order Order, approving a Class I Malt, Spirituous & Vinous Liquor License, Special Amusement Permit for Music, Dancing and Entertainment and Victualer s License for The Bear s Den, Memorial Union, University of Maine. Order Order, approving a Class I Malt, Spirituous & Vinous Liquor License, Special Amusement Permit for Music, Dancing and Entertainment and Victualer s License for Wells Commons, University of Maine. Order Order, setting June 12, 2017 at 7:00 p.m. as the date for a public hearing to discuss the Municipal, Capital and WPCF budgets. Order Order, setting June 12, 2017 at 7:00 p.m. as the date for a public hearing to consider a Sewer Rate Increase for FY2017. Order Order, setting June 12, 2017 at 7:00 p.m. as the date for a public hearing to accept comments on the Proposed FY Fee Schedule. Order Order, setting June 12, 2017 at 7:00 p.m. as the date for a public hearing for reviewing the Orono Village Center District Development Program. Order Order, setting June 12, 2017 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 Order Order, appointing Shelly Crosby as Registrar of Voters for a two-year term, expiring December 31, Order Order, approving the Notice of Election for the June 13, 2017 State Bond/RSU#26 Budget Validation Referendum Election and setting the hours of voting as 7:00 a.m. to 8:00 p.m. and the polling place as the Orono Middle School Gym for Ward 1, Precincts 1, 2 & 3. Order Order, certifying and countersigning the RSU#26 June 13, 2017 Warrant and Notice of Election. Order 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 June 13, 2017 State Bond/RSU#26 Budget Validation May 8, Council Meeting Page 36

5 Referendum Election, from 8:30 a.m. to 4:30 p.m. [MRSA 21A, Sec A (2) and (8)]. Order Order, approving the Town Clerk s appointment of Cynthia Mehnert, Judith Sullivan, Geoffrey Gordon and Belle Ryder as Wardens for the June 13, 2017 State Bond/RSU#26 Budget Validation Referendum Election for Ward 1, Precincts 1, 2 & 3. Order Order, proclaiming May 25, 2017 as the official day for the celebration of Arbor Day in the Town of Orono. Order Order, adopting a pay scale for Department Supervisors. Moved by Sam Kunz and seconded by Tom Perry to approve the consent agenda. All voted in favor, New Business Order Order, authorizing the Town Manager to write off up to $155,226 in outstanding ambulance billing receivables deemed as uncollectible and with an original date of service prior to January 1, Moved by Sam Kunz and seconded by Tom Perry. All voted in favor, 5-0. Ms. Wilson explained that the outstanding ambulance billing receivables deemed uncollectable have been sent to the Thomas Agency and have not had a payment for 8-10 years ( ). Mr. Perry commented that it is unfortunate that the lack of payments on EMS bills creates a burden to the taxpayers. Order Order, approving the abatement of certain uncollectible personal property tax balances from FY13-FY16 FY10-FY16 totaling $5, $13, Moved by Sam Kunz and seconded by Meghan Gardner. Motion to amend by Tom Perry and seconded by Tom Spitz to include FY10-FY16 totaling $13, All voted in favor of the amendment, 5-0. All voted in favor of the order as amended, 5-0. Ms. Wilson stated that the original list of abatements was run with the new software and did not include the amounts prior to FY12. The amended amount includes FY10-FY16, for a total abatement amount of $13, Order Order, accepting an offer from Steven P. Holt of Orono to purchase a 0.06 acre of Town owned property located at the corner of Main Street and May 8, Council Meeting Page 37

6 Harrison Avenue and described on the Town of Orono Tax Assessor s Map as Map Lot 030 for a purchase price of $1,500 and 50% of the cost of legal fees related to the transfer of ownership (estimated at a total of $320); and further, authorizing the Town Manager to execute the deed and any other documents necessary to ensure the Town s ability to maintain drainage infrastructure, ditches and swales, including, but not limited to, prohibition on all future construction on the parcel and removal of vegetation only with permission of the Town. Moved by Tom Perry and seconded by Sam Kunz. The motion failed, 0-5. Ms. Mehnert expressed concerns that the property has stormwater issues and about future stormwater regulations affecting the property. Other Council members voices similar concerns about the property s importance to the stormwater system. Ms. Wilson noted that Council s concerns were valid; however, the Town could enforce any easements or deed restrictions that exist. Order Order, approving Ordinance Amendments to the Town of Orono Ordinances, Chapter 18 Land Use, Section Definitions and Section (e) Schedule of Uses, to add Recreational Facilities as a use allowed in the Economic Development Zone District, defining and adding Cultural Facilities as a use allowed in certain districts, and to clarify the meanings of related activities. Moved by Tom Perry and seconded by Sam Kunz. All voted in favor, 5-0. Mr. Richert noted that this action is the last step in the process. He noted that the amendments have been to Council Committee and the Planning Board and Council have both held their respective public hearings. He noted that this action is consistent with the Comprehensive Plan. Mr. Richert explained that this amendment arose from an interest in developing a recreational facility in the Economic Development Zone (EDZ). He noted that he also received an inquiry about a cultural facility (museum) which also is not allowed in the EDZ. He stated that it was originally not considered compatible with the zone. Mr. Richert commented that the Planning Board recommended approval of the amendment. Order Order, approving an Ordinance Amendments to the Town of Orono Ordinances, Chapter 18 Land Use, Section Definitions and Section (e) Schedule of Uses, for the purpose of defining Assisted Living Facility and specifying zoning districts in which the use is allowed. Moved by Sam Kunz and seconded by Meghan Gardner. All voted in favor, 5-0. Mr. Richert noted that this amendment follows a similar status. It has been through the entire process and is ready for action. He noted that this particular use, which is different than nursing May 8, Council Meeting Page 38

7 homes, was not defined as a use in the past. The use would be allowed where nursing homes are allowed. Mr. Perry spoke in support of the ordinance amendment for the community. 9. Future Agenda Items/Items of Concern Tom Perry commented that the budget activity will be the main focus. 10. Public Petitions - None 11. DISCUSSION: Public Safety Concerns Related to Maine Day Ms. Wilson stated that she asked Police Chief Ewing to speak on public safety concerns in Orono related to Maine Day. Police Chief Ewing noted the positive attributes of Maine Day: spring cleanup efforts, service projects, BBQ, parade and student team competitions. He also spoke of the public safety concerns about Maine Day: the growth of drinking activities that go on all day, the need to call in public safety officers from surrounding communities to assist, people chanting, climbing light poles, ripping out trees, feeling entitled to party all day. He stated that this action has to stop. Ms. Wilson noted that this year s problems erupted from small groups around town. She noted that landlords have been trying to address the problem. She commented that people think this is what they do with Maine Day. She spoke of the need to call in police mutual aid from around the county to help and the increased risk of response. Councilors commented on the growing noticeable level of danger and disrespect. They noted that landlords are trying to keep things under control, but there is a culture of Spring Break that is contributing to the problem. Ms. Wilson suggested bring back the Unruly Gatherings Ordinance. She spoke of improvements with landlords and spoke of the need for the University of Maine to rebrand the message of Maine Day. She also suggested bringing in more assistance earlier in the day. The Council agreed that the Town needs to work with the University of Maine to address this issue; that having more officers should not be the solution; and, that it is a complex problem that will require pulling together groups of people to address and improve the situation. The Council agreed to talk about this issue at an upcoming Council Committee meeting. Lisa Feldman of Pond Street spoke of safety issues and problems during Maine Day. She suggested working with the community and students at the start of each school year. May 8, Council Meeting Page 39

8 12. Public Comments Mr. Gordon commented on the deficiency of the audio recording of a recent Council Committee meeting. He suggested rededicating to follow Robert s Rules of Order so that members are not talking over each other. He also suggested making improvements to the audio recording system in Council Chambers. Mr. Gordon suggested resolving the discrepancy of legal advice that was given regarding federal law. He noted that he agreed with the committee s action to not go forward with the Resolution. He asked what the future course of action would be on the policies of law enforcement. He also suggested that Council packet materials be placed on the website. Ms. Wilson stated that staff has been asked to craft language for the website regarding the Town s commitment to non-discrimination; however the budget process has taken precedence. Stuart Dexter commented on the following: It is important to address the issues of Maine Day with the University. All Committee meetings should be held at the Council bench with the microphones instead of spending money on the sound system. Orono welcomes all people without having to write about it. Orono s tax rate is higher than most in the area. Why is Orono an RSU? Inform the public of the RSU budget meetings. Ms. Wilson explained the history and structure of the RSU. She noted that Council could try a different seating setup for committee meeting to help improve the audio recording. Ms. Gardner spoke in support of improving the way that the Town communicates to the public. Ms. Wilson informed Council that Orono Brewing Company purchased Lane Construction. She announced to the public that Artsapalooza will be held on June 17, 2017 along with the grand opening of the Orono Village Green. Belle Ryder announced and congratulated the winners of the Street and Stream Cleanup poster contest. She informed the public that the Street and Stream Cleanup event will take place on May 20, 2017, starting at 9 a.m. in Council Chambers, followed by a BBQ after the cleanup. 13. Adjournment At 8:43 p.m., Sam Kunz moved and Tom Perry seconded to adjourn. All voted in favor, 5-0. Minutes are not verbatim. A video-recorded version is available on the Town s website at Respectfully submitted, Nancy W. Ward Administrative Assistant May 8, Council Meeting Page 40