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REGULAR COUNCIL MEETING – MAY 1_ 2003.doc

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					             REGULAR COUNCIL MEETING – MAY 2, 2011


Council convened May 2, 2011 at the Old Town City Council Chambers on 265 Main
       Street.
Councilors present: President David Mahan, James Dufour, Scott Laflamme, James
       Lavoie, Carol May and Alan Stormann. David Fiacco arrived at 7:03 pm.
Administration present: Peggy Daigle, Erik Stumpfel, Patty Brochu, David Daniel, Cindy
       Jennings, Bill Mayo, Don O’Halloran, Steve O’Malley, John Rouleau and David
       Wight.
Others present: Eight citizens in the audience and news media.

************************************************************************

       Council President Mahan called the meeting to order at 7:00 p.m.

      Councilor Laflamme, seconded by Councilor Lavoie, moved to approve the
Minutes of the April 4, 2011 Regular Council Meeting and the April 21, 2011 Special
Council Meeting. Approved all in favor, 6-0.

PETITIONS, COMMUNICATIONS AND CITIZENS' REQUESTS

       Resident Chuck Leithiser commented on a 4/27/11 Report from Casella; Resident
Ed Spencer commented he had not received two requests from the last meeting. One
being a document he wanted electronically. Council President Mahan replied that it
couldn’t be done. His other request was for the Council to write a letter of support for
LD 693 but later found out that the City was opposed to the bill.

REPORTS

Council President Mahan gave upcoming meeting dates.

Councilor May reported she has been hearing complaints that citizens cannot see or hear
anything on Channel 7 which is the station for airing Council Meetings. She also asked if
more community items could be added to the site.

Manager Daigle reported she was working with Orono for a Public Meeting on the deer
proposal.




                                                                                       1
CONSENT AGENDA

       Councilor Lavoie, seconded by Councilor Stormann, Resolved, the City Council
hereby approves the Suggested motions under New Business items 1 through 6 and 12 as
presented and as follows:

Item #1:      Resolved, the Old Town City Council hereby accepts an after deadline
redemption of the foreclosed property formerly owned by Richard C. Miles, located on
Map 027, Lot 061 (529 Main Street) and to authorize the City Manager to issue a
Municipal Quit-Claim Deed.

Item #2:      Resolved, the Old Town City Council hereby approves an application
from Cindy Jennings, Director of the Old Town Public library, for a Major Special Event
Permit for the Summer Concert Series to be held down at the Riverfront Park and to
waive the Permit fee.

Item #3:       Resolved, the Old Town City Council hereby approves authorizing the
City Manager to apply, accept and expend Airport Grant monies from the Federal
Aviation Administration, MDOT from Office of Passenger Transportation and City funds
from account #7200-0080 in the total amount of $85,000 for project 3-23-0034-09-2011
(Crack sealing, crack repair and restriping of Runway 12-30 at Dewitt Field Airport.

Item #4:      Resolved, the Old Town City Council hereby accepts a Grant from the ME
Department of Emergency Management for radio & pager equipment for the Public
Safety Department at no cost to the City.

Item #5:       Resolved, the Old Town City Council hereby approves a proposal to
increase the Medicare Ambulance rates that were adjusted as of January 1, 2011 as
presented in Attachment #1.

Item #6:      Resolved, the Old Town City Council hereby approves a proposal to
create a 1-Day Pass at the Transfer Station in the amount of $5.00/day as presented in
Attachment #2.

Item #12:        Resolved, the City Council hereby authorizes the City Manager, on behalf
of the City of Old Town, to release all interests of the City in and to a tax-foreclosed
mobile home located at 799 Stillwater Avenue #65, Tax Map 11, Lot 67a-33, formerly
owned by Philip Randall, to Stan Peterson, and to execute and deliver a Municipal Quit-
Claim Deed to the buyer for this purpose. Consideration for the City’s release of its
interests shall consist of one dollar ($1.00) and the buyer’s assumption of all financial
and other liabilities relating to the mobile home, including but not limited to demolition
and removal of the mobile home, payment of all past-due lot rental charges and payment
of all utility and other charges relating to the mobile home.

       Consent Agenda Items unanimously approved, 7-0.


                                                                                        2
OLD BUSINESS

      The City Council considered removing an item concerning the Contract for PACE
Administration Program Agreement that was tabled at the April 4, 2011 Regular Council
Meeting.

       Councilor Laflamme, seconded by Councilor Lavoie, Resolved, the Old Town
City Council hereby removes the item concerning the Contract for PACE Administration
Program Agreement from the table. Approved all in favor, 7-0.

       The City Council considered approval of a Contract for PACE Administration
that will enable Old Town residents to access PACE financing for their property
upgrades.

        Councilor May, seconded by Councilor Laflamme, Resolved, the Old Town City
Council hereby authorizes the City Manager to execute a “Property Assessed Clean
Energy (PACE) Program Agreement” with the Efficiency Maine Trust. Approved all in
favor, 7-0.

       The City Council considered removing an item regarding the Skateboard Park that
was tabled at the April 4, 2011 Regular Council Meeting.

      Councilor Laflamme, seconded by Councilor Stormann, Resolved, the Old Town
City Council hereby moves the item concerning the Skateboard Park from the table.
Approved all in favor, 7-0.

        The City Council discussed authorizing the City Manager and the City Finance
Director to reallocate monies set aside in Trial balance Account #48150 Skateboard Park
to be expended for a Multi-Use Rink for hockey and skateboarders. The Old Town
Hockey Boosters have expressed an interest in raising funds to construct this multi-use
rink on land now owned by RSU #34 which is the site of the old hockey rink. The
construction project will allow skateboarders a place to skate along with a useful, outdoor
hockey rink in winter months.

        Councilor Stormann, seconded by Councilor Lavoie, Resolved, the Old Town
City Council hereby authorizes the City Manager and the City Finance Director to
reallocate $37,713.72 in City monies set aside in Trial Balance Account #48150
Skateboard Park to be expended for a Multi-Use Rink for hockey and skateboarders and
to authorize the City to spend said monies under agreed upon terms and conditions. Such
conditions include, but are not limited to, that the funds will be used for construction
only. The Old Town Hockey Boosters will show proof that all funds have been raised
and set aside in a bank account and all designs and permits have been completed and
properly authorized by the Code Enforcement Officer and RSU #34 School
Board/Superintendent.




                                                                                          3
       UM student Brittany Cote reported back to the Council that she met with UM’s
Alumni and they want the Skate park to be located on campus. They also did not want
Old Town to have total control over it. She commented that she was also going to
approach the Town of Orono.

       Resident Chuck Pinkham noted that he see’s issues with parking on campus and
wondered if parking passes would be required. He was also concerned with the different
age groups such as 5 year olds vs. college students.

        Councilor Laflamme said he likes the idea of collaborating with the university and
would like to see the money divided and just an ice rink in Old Town and the skate park
at the university.

       Councilor May asked Mr. Pinkham if the Boosters could match the money and his
reply was they have commitments for the building stage of it.

       Councilor Stormann referred to the history of monies allocated and asked Mr.
Pinkham if they had any monies saved. Mr. Pinkham replied he had verbal commitments
but needs to have the base part secured in order for them to move forward.

       Resident Todd Peabody stated the concrete base was needed to start either skate
board or ice rink. He feels the skateboarders should do fundraising for their items and the
Hockey players should fund their items. He did not want to see Old Town taxpayers put
money into the university.

       Councilor Dufour, seconded by Councilor Laflamme moved to send this back to
the Finance Committee for further discussion. Motion approved 6-0. Councilor
Stormann opposed.

NEW BUSINESS

        The City Council considered a request from the Great Works LLC to vote subject
to final pricing and securing of funds to upgrade to city road standards, a portion of
Penny Road which will enable the entire road to be accepted as a Town Way once the
improvements are completed. This item was recommended by the Old Town Economic
Development Council Committee at their April 28th Meeting.

        Councilor May felt this request was just like the skate park item and asked why
the City should do this project, if there were no plans for it yet.

        Councilor Dufour explained that the road needed improvement to access the land
for future development.

       Dave Wight further explained that if any businesses came in looking for land, the
road needed to be accepted by the City as a Town Way.



                                                                                         4
       Council President Mahan asked if this would need to come back to the Council to
approve financing and Dave Wight replied yes.

       Councilor Dufour, seconded by Councilor Stormann, Resolved, the City Council
hereby approves, subject to final pricing and securing of funds, to upgrade to city road
standards, a portion of the Penny Road which will enable the entire road to be accepted as
a Town Way once the improvements are completed. Motion approved 4-3. Councilors
Laflamme, Dufour & May opposed.

        The City Council considered a request from the Great Works LLC to approve the
clearing of Black Bear Parkway during the spring of 2011 at no cost to the city. This
item was recommended by the Old Town Economic Development Council Committee at
their April 28th Meeting.

       Councilor May asked what costs were associated with this project. Dave Wight
explained that Gary Pomeroy offered to do it for free and that doing this now will prevent
the DEP Permit from expiring. To get another Permit, it would cost another $40,000.

        Councilor Laflamme, seconded by Councilor Stormann, Resolved, the City
Council hereby approves the clearing of Black Bear Parkway during the spring of 2011 at
no cost to the City. Approved all in favor, 7-0.

      The City Council considered a request from the Great Works LLC to transfer
$58,800.00 from reserve account #03450 (Great Works Development LLC) to account
#1215-0206 to fund Marketing and materials. This item was recommended by the Old
Town Economic Development Council Committee at their April 28th Meeting.

         Councilor Lavoie, seconded by Councilor Laflamme, Resolved, the City Council
hereby approves to transfer $58,800.00 from reserve account #03450 (Great Works
Development LLC) to account #1215-0206 to fund Marketing and materials. Approved
all in favor, 7-0.

      The City Council considered a request from the Great Works LLC to transfer
$80,410.00 from reserve account #03450 (Great Works Development LLC) to account
#1215-0299 to fund Contractual Services. This item was recommended by the Old
Town Economic Development Council Committee at their April 28th Meeting.

       Councilor Dufour, seconded by Councilor Laflamme, Resolved, the City Council
hereby approves to transfer $80,410.00 from reserve account #03450 (Great Works
Development LLC) to account #1215-0299 to fund Contractual Services. Approved all
in favor, 7-0.

        The City Council considered a request from the Great Works LLC to accept the
land transfer with Red Shield Acquisitions (RSA) as directed by the attached agreement.
This item was recommended by the Old Town Economic Development Council
Committee at their April 28th Meeting.

                                                                                         5
        Councilor Stormann, seconded by Councilor Laflamme Resolved, the City
Council hereby approves to accept the land transfer with RED Shield Acquisitions (RSA)
as directed by the attached agreement. Approved all in favor, 7-0.

        The City Council considered approval of a renewal application for a Malt,
Spirituous & Vinous Liquor License and a Special Amusement Permit for Christopher
Trudel & Warren Morgan d/b/a Riverfront Pub.

       The City Clerk reported they passed all inspections.

       Councilor Fiacco, seconded by Councilor Stormann, Resolved, the Old Town
City Council hereby approves a renewal application for a Malt, Spirituous & Vinous
Liquor License and a Special Amusement Permit for Christopher Trudel and Warren
Morgan, d/b/a Riverfront Pub, 18 Water Street. Approved all in favor, 7-0.

       The City Council considered approval on a renewal application for a Liquor
License and Special Amusement Permit for Triples.

        The City Clerk reported that Triples needed to have their State Food License
before the city’s Health Inspector could approve the application.

       Councilor Lavoie, seconded by Councilor Stormann, Resolved, the Old Town
City Council hereby approves a renewal application for a Malt, Spirituous & Vinous
Liquor License and a Special Amusement Permit for Donna Ketchen, d/b/a Triples, 173
Main Street pending approval of the State’s Food License. Approved all in favor, 7-0.

       The City Council considered approval of a renewal application for a Malt Liquor
License and Special Amusement Permit for Charles Carson, d/b/a Old Town Bowling
Center, 156 Center Street.

       The City Clerk reported they passed all inspections.

       Councilor Laflamme, seconded by Councilor Dufour, Resolved, the Old Town
City Council hereby approves a renewal application for a Malt Liquor License and
Special Amusement Permit for Charles Carson, d/b/a Old Town Bowling Center, 156
Center Street. Approved all in favor, 7-0.

       The City Council discussed accepting a bid for a Ladder Truck for the Public
Safety Department and considered are two options for purchase. 1) To purchase outright
for $485,715.00 or 2) to Lease and put a down payment of $350,000 and finance the
remaining $135,715 with an estimated interest cost of $21,380.00 over a 7 year period.

        Councilor Fiacco stated he called his homeowners Insurance Company and asked
how much of a difference in his rate if the ISO changed. He was quoted $150/per year
for one number change and $300/yr. for 2 number change.



                                                                                    6
         Councilor Mahan asked about the ambulance replacement. Steve O’Malley
responded it would be due in 2013. Councilor Mahan also asked about the other fire
truck and if the city could sell it. O’Malley replied maybe in a few years, but he would
like to see how the ladder truck works out.

        Councilor Dufour asked if anything else had been done in other areas for the
city’s ISO ratings. O’Malley replied yes, one being the signing of auto aide with Orono
and the city gets their biggest points with the number of firefighters on duty.

       Councilor Stormann, seconded by Councilor Fiacco, Resolved, the Old Town
City Council hereby accepts the bid from Ferrara Fire Apparatus in the amount of
$485,715.00 and the funds to come from #7000-0414 Heavy Equipment Capital Reserve
Account. Motion approved 5-2. Councilors Dufour and May opposed.

      Councilor May, seconded by Councilor Stormann, moved to adjourn at 8:55 p.m.
Approved all in favor, 7-0.

                                                          Adjourned,


                                                          Patricia A. Brochu, CMC
                                                          City Clerk-Old Town, ME




                                                                                      7

				
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