TOWN OF ORONO COUNCIL MEETING COUNCIL CHAMBER - MUNICIPAL BUILDING TUESDAY, FEBRUARY 21, 2017 AT 7:00 P.M. MINUTES

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1 TOWN OF ORONO COUNCIL MEETING COUNCIL CHAMBER - MUNICIPAL BUILDING TUESDAY, FEBRUARY 21, 2017 AT 7:00 P.M. MINUTES 1. Roll Call Present: Council Chair Cindy Mehnert, Sam Kunz, Tom Spitz, Geoff Gordon, Clint Relyea, Judy Sullivan and Town Manager Sophie Wilson. Absent: Tom Perry. 2. Agenda Review No changes were made to the agenda. 3. Approval of Minutes of January 9, 2017 and January 19, 2017 Moved by Sam Kunz and seconded by Clint Relyea. All voted in favor, Public Hearings a. To consider 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. Public hearing a. was postponed to the April 10, 2017 Council Meeting. b. To consider Ordinance Amendments to the Town of Orono Ordinances, Chapter 18 Land Use, Section Lot and Yard Requirements and Section Off-street Parking and Loading, for the purpose of clarifying the limits on parking within front yards. Public hearing b. opened at 7:12 p.m. Town Planner Evan Richert explained that the amendment clears up ambiguity in interpreting the parking regulations. He noted that there were several places in the ordinances where the standards were not consistent and this amendment consolidates the standards and cross references with the ordinance. He described where parking is, and is not, allowed in front yards. He noted that parking is not allowed directly in front of homes, except in the driveway. He referred to the diagram within the ordinance amendment. No public comments were made. Public hearing b. closed at 7:18 p.m. Ms. Mehnert noted that the amendment will be voted on at the next meeting. Ms. Sullivan asked about the inclusion of additional information regarding buffering and screening to the amendment which had not been discussed in committee. Mr. Richert explained that the amendment clarifies and consolidates information from other sections of the ordinances, but is not new language. February 21, 2017 Council Meeting Page 8

2 c. To determine whether or not it is in the best interest of the Town to dispose of 112 acres of Town-owned land off Taylor Road (a portion of Tax Map 9 Lot 2) to be used as part of the Maine Technology Park Wetlands Mitigation Project, pursuant to the Town of Orono Ordinances, Section (c). Public hearing c. opened at 7:20 p.m. Mr. Richert provided historic background on the development of Godfrey Drive and the Maine Technology Park where portions of the road were built by filling in some wetlands. He noted that state and local permits were obtained, but later discovered that 1.38 acres of wetland had been altered without the approval from the Army Corp of Engineers. Due to the outstanding issue that needed to be resolved and the alleged violation, OEDC looked at ways to mitigate (by looking at the land formula for mitigation, seeking a meaningful parcel to preserve which includes a developable upland parcel, wetlands and vernal pool). Mr. Richert described the land parcel (112-acres of a 165-acre parcel) off the Taylor Road that has been selected and proposed by staff to offer for mitigation to the Army Corp of Engineers to clear up the situation and pre-approve further development at the Maine Technology Park. He noted that if approved, the Orono Land Trust would be the stewards of the land and the Town would reserve the right to monitor the landfill. He stated that the approval to dispose of the land would clear up the past situation, streamline the process for the Maine Technology Park, and further preserves wildlife and vernal pools near the bog. Bucky Owen, Chairman of the Orono Land Trust, stated that the OLT voted to support the Town in this effort. Ms. Wilson stated that the first step in the process is to put the public on notice of the disposal of land. She noted that there will be a series of orders that follow for the mitigation process. Susan Whitmore expressed concerns about disposing of town-owned land that people use for recreation. Ms. Wilson explained that the land would be preserved by the Orono Land Trust for some recreational use. Public hearing c. closed at 7:37 p.m. 5. Acknowledgments by Council Members Sam Kunz thanked the town crew for their phenomenal cleanup efforts from the recent blizzard. He also congratulated local business owner Abe and Heather Furth for receiving the Bangor Region Chamber of Commerce Entrepreneurship Award. Mr. Kunz acknowledged how lucky the community is to have the Climate Change Institute at the University of Maine and the Islamic Center in Orono. Geoff Gordon acknowledged the Orono Economic Development Corporation (OEDC) for many years of work with the Maine Technology Park and economic development issues. He specifically thanked OEDC President Shep Sheppard for his leadership. Cindy Mehnert thanked the town crew for their snow removal efforts with the recent blizzard that dumped 24 of snow. Ms. Wilson described the volume of snow that fell on the community. February 21, 2017 Council Meeting Page 9

3 6. Unfinished Business - None 7. Consent Agenda Order Order, setting March 13, 2017 at 7:00 p.m., as the date for a public hearing to consider amending the Town of Orono Zoning Map by rezoning the following lots from Medium Density Residential (MDR) to Village Commercial (VC): Tax Map 27-2, Lots 21, 22, 23, 24 and 25, as shown on the map. The addresses of these lots are 3, 5, 7, 11 and 15 Forest Avenue, respectively. Order Order, setting March 13, 2017 at 7:00 p.m., as the date for a public hearing to determine whether or not it is in the best interest of the Town to dispose of Tax Acquired Property that has not been redeemed through the Town s Redemption Policy. Order Order, confirming the contract of William Murphy as Code Enforcement Officer for the Town of Orono, effective January 1, 2017 to December 31, Order Order, authorizing the Town Manager to execute a Municipal Quit Claim Deed to transfer the Town s ownership interest in Tax Acquired Property currently described as Map 026 Lot 042, 3 Hopes Place, back to the prior owner of record, Robert K. Perkins, as fees have been paid in accordance with the Town s Redemption Policy. Order Order, approving the Town of Orono s Safety and Loss Control Program. Order Order, adopting a revision to the Abatement of Wastewater User Fees Policy that changes to the deadline for applying for an abatement to on or before the bill is due as opposed to the current language of within 30 days of the billing date. Moved by Sam Kunz and seconded by Clint Relyea to approve the consent agenda. All voted in favor, New Business Order Order, authorizing the Town Manager to sign an Agreement with Olver Associates of Winterport for Engineering Services required for the mandatory update to the Town s Combined Sewer Overflow (CSO) Master Plan for an amount not to exceed $10,000, with Phase I expenses to be drawn from the WPCF Operating Budget (Phase I not to exceed $2,500 in FY2017 (Approved) and Phase II not to exceed $7,500 in FY18 (to be proposed). February 21, 2017 Council Meeting Page 10

4 Moved by Clint Relyea and seconded by Sam Kunz. All voted in favor, 6-0. WPCF Superintendent Joe Madigan described the nature of Combined Sewer Overflows and the need for an updated Master Plan every five years. He noted that with severe weather CSOs can happen. He stated that he would be working with the engineer to update the plan and file it with the Maine Department of Environmental Protection. Ms. Wilson stated that the study can help identify places where infiltration and overflow may be occurring. Mr. Madigan stated that Olver Associates will be conducting a study this spring. Order Order, authorizing the Town Manager to submit an Application to the Department of Homeland Security (FEMA) for a Staffing for Adequate Fire & Emergency Response (SAFER) Grant. Moved by Clint Relyea and seconded by Sam Kunz. All voted in favor, 6-0. Fire Chief Rob St. Louis described the Homeland Security SAFER Grant which provides additional staffing and assistance with financial costs. He provided statistics on the increase in EMS calls for elderly people. He described an increase in callbacks and overtime costs due to vacation coverage. He stated that the SAFER Grant would help to reduce overtime and meet staffing needs. Chief St. Louis stated the 3-year grant would pay 75% of the new staffing cost for 2 years and 35% of the cost in the third year. The Town would not be required to keep the new staff after the third year. Ms. Wilson reviewed the cost/benefit of three new employees with the SAFER grant. She noted the cost savings for the three years and the difficulty in laying staff off. She stated that staff would be hired with the knowledge that they could be laid off after the third year. Ms. Sullivan requested that staff provide reports on future evaluations and savings. Fire Chief Rob St. Louis confirmed that the employees will be hired with the grant stipulation and the process will be evaluated. Order Order, authorizing the Town Manager to revise the recently approved Lease Agreement for Town Office Photocopiers to include an additional machine for Public Safety. Moved by Tom Spitz and seconded by Sam Kunz. All voted in favor, 6-0. Town Clerk Shelly Crosby provided an overview of the recent copier bid process where Transco was awarded the bid. She explained that Public Safety is currently in need of a copier and the current lease agreement has a 6-month grace period that allows the lease to be amended to add an additional machine at the locked-in low cost savings. She stated that the additional cost of the Public Safety copier be $1,100 per year. She noted that a different lease agreement would cost approximately $1,500-$2,000. Ms. Mehnert commented on the opportunity for savings. February 21, 2017 Council Meeting Page 11

5 Order Order, authorizing the Town Manager to create and appoint individuals, both paid and volunteer, to serve in the position of Special Police Officer: Crossing Guard Constable to serve under the direction of the Police Chief for the sole purpose of directing traffic in non-emergency circumstances, after completing required training, at locations determined by the Chief of Police; and, further, to clarify that said individuals serving in this capacity will not be authorized to carry any weapons, shall not be endowed with any arrest or investigatory powers, and will perform duties in a uniform that cannot be easily mistaken for that of the full-time Town of Orono Police Officers who are endowed with arrest powers and are authorized to carry weapons. Moved by Geoff Gordon and seconded by Sam Kunz. All voted in favor, 5-1 (with Judy Sullivan opposed). Ms. Wilson stated that she and Police Chief Ewing worked on temporarily resolving the traffic issue on Westwood Drive and found a statue that allows constables limited power to direct traffic (with training). She noted that it would require an insurance rider and the Town would be able to use the crossing guard company. Ms. Wilson noted that State Representative Ryan Tipping-Spitz is working on a long-term solution by proposing legislation (LR972) that would allows crossing guards to direct traffic. Chief Ewing explained that the individual would work with the crossing guard company and would volunteer with the Police Department and be trained to direct traffic. Ms. Wilson explained the current shared crossing guard costs and noted that the only additional cost will be the $400 insurance rider. She noted that this is a solution to the issue, but staff is not making a recommendation. Ms. Sullivan commented that the draft Traffic Study showed that the wait on Westwood Drive was not as long as other areas of town. She expressed concerns about reacting to a small population of people that could adjust their behavior to alleviate the traffic problem. Sam Kunz and Geoff Gordon spoke in support of using constables to direct traffic. Chief Ewing commented that it is an issue of convenience and an inexpensive solution to the traffic issue. He noted that there may be unintended effects. Ms. Wilson noted that this solution can be tried and if it doesn t work, the Town can stop. Order Order, approving the transfer of the Defendant(s) in Rem #1 and #2, namely $1,348, or any portion thereof, as set forth in Penobscot Court Criminal Action Docket No. CR , pursuant to 15 M.R.S.A. Sec. 5824(3) & Sec. 5826(6). Moved by Sam Kunz and seconded by Clint Relyea. All voted in favor, 6-0. February 21, 2017 Council Meeting Page 12

6 Police Chief Ewing stated that these funds are a result of a drug arrest in June 2016, and if accepted, the Town will receive $1,348. Ms. Wilson stated that the money will go into the Police Forfeiture Fund to be used for police activities or equipment (i.e. OUI stops, cameras, etc). She noted that any use of the funds would need approval from the Council. 9. Future Agenda Items/Items of Concern Judy Sullivan requested a schedule of the upcoming meetings. Ms. Wilson confirmed that staff would provide a calendar and noted that there is an upcoming Council Committee Meeting on February 23, 2017 at 6:00 p.m. Geoff Gordon requested having staff and Council review town-owned properties that have no public purpose so that they can be disposed of and placed on the tax rolls. Ms. Wilson noted that Council will discuss the disposal of some town-owned properties at the next Council meeting. 10. Public Petitions - None 11. Public Comments Susan Whitmore commented that there has been a bear den issue in the past and acknowledged that she has not seen any this season. Police Chief Joshua Ewing acknowledged that the crossing guard has moved from the Town Office crosswalk to the Main Street/Pine Street crosswalk for a safer and controlled crossing. He noted that there appears to be increased safety, but will be monitoring the situation. He stated that another option may be to put up signage. Stuart Dexter asked about the future Fire Department morale effects on not having overtime due to the new EMS hires with the SAFER grant. Ms. Wilson noted that morale has been affected due to too much overtime and the new EMS hires will help alleviate the situation. Ms. Dexter asked for an overview of the Main Street Traffic Study. Ms. Wilson stated that the Study will be published on the town s website. She commented that the Study addresses safety concerns, crosswalk recommendations, pedestrian bump outs, and more. She noted that the Study will be discussed more over time. 12. Adjournment At 8:55 p.m., Geoff Gordon moved and Sam Kunz seconded to adjourn. All voted in favor, 6-0. Respectfully submitted, Nancy W. Ward Administrative Assistant February 21, 2017 Council Meeting Page 13