Office of the Council Clerk Wednesday, May 3, 2006
City of Gardiner, Maine Regular Session 7:00 pm
1. CALL TO ORDER
Mayor Rines called the meeting to order at 7:10 PM.
2. ROLL CALL
Jean Dellert, District 3
Dennis Doiron, At-Large Richard Rambo, District 2
Lewis Benner, At-Large Richard Nickless, District 1
Jeffrey Kobrock, City Manager
Mayor Brian Rines
Molly Gallant, Council Clerk
Councilors Hart and Colwell absent
3. EXECUTIVE SESSION per MRSA, Title 1, Chapter 13, Section 405 (6) (A) Labor Negotiations
Postponed
Motion by Councilor Doiron and seconded by Councilor Nickless to go into Executive Session at 7:12 pm.
Vote: 6 in favor 0 – opposed Motion: passes
4 EXECUTIVE SESSION per MRSA, Title 1, Chapter 13, Section 405 (6) (C)
Real Estate
Out of Executive Session at 7:35 pm
The Council met with Jason Simcock, Economic Development Director and two members of the Board of Trade to discuss a real estate matter. The Council directed the City Manager to continue discussions and report back to the Council in a couple of weeks.
5. PETITIONS, COMMUNICATIONS, RESOLUTIONS, & PUBLIC HEARINGS
5.1 Public Hearing for Liquor License Renewal for Smith –Wiley American Legion Post 4
Public Hearing opened at 7:42 pm and closed with no public comments.
5.2 Consideration of Comments from the Public on Issues that
Do Not Appear Elsewhere on the Agenda (Please limit comments
to five minutes.)
Rusty Greenleaf, from the Gardiner Rotary Club spoke to the Council concerning sponsorship of the Fireworks display that is held along with the Gardiner Downtown Festival. Gardiner Savings Institute that has been actively sponsoring the fireworks for fourteen years has decided not to sponsor the fireworks display this year. The Rotary needs to know as soon as possible if the City of Gardiner can help with the sponsorship or the event will have to be cancelled. The Council will discuss at the next Council Meeting.
6. CONSENT AGENDA
6.1 Consideration of Accepting March 2006 Warrants
#41 |
04/13/06 |
00581-00675 |
$ 172,314.96 |
#42 |
04/20/06 |
00676-00739 |
$ 206,356.47 |
#43 |
04/27/06 |
00740-00803 |
$ 345,459.93 |
6.2 Consideration of Appointing Councilor Dellert to sign May 2006 Warrants.
6.3 Consideration of Accepting Council Minutes-2/2, 2/9, 2/23, 3/9, 3/16, 3/30, & 4/12.
6.4 Consideration of Liquor License Renewal for Smith-Wiley American Legion Post 4.
Motion by Councilor Dellert and seconded by Councilor Rambo to Accept the Consent Agenda Items 6.1-6.4.
Vote: 6 in favor 0 – opposed Motion: passes
7. NEW BUSINESS
7.1 Consideration of Implementing Certain Recommendations in the
2005 Cobbossee Corridor Master Plan.
Manager Kobrock stated that three years ago the City of Gardiner started negotiating to buy the Usdan property that is located on both sides of Cobbossee Stream, and it was recently purchased. Jason Simcock, Planning Development Director, stated that the City of Gardiner recently applied for a permit to put 5000 cubic yards of fill on the site. The meeting drew a crowd of neighbors questioning commercial use of the property, and a site walk happened also. It was asked for the Council to discuss for direction before the Planning Board meeting next week.
The Council authorized the City Manager to ask the Cobbossee Corridor Committee to meet discuss the plan and come back to the Council if money is needed to continue.
7.2 Consideration of Order 06-08, Authorizing Lease Purchase Agreement for Technology Plan Implementation.
Manager Kobrock stated that he needed Council authorization to move ahead with the Technology Plan.
The City Manager is authorized to implement the Technology Plan as proposed by obligating up to $262, 998, with lease purchase financing not to exceed $222,998 plus interest over seven years.
Motion by Councilor Rambo and seconded by Councilor Nickless to accept 06-08, Authorizing Lease Purchase Agreement for Technology Plan Implementation.
Vote: 6 in favor 0 – opposed Motion: passes
7.3 Consideration of Order 06-09, Appropriations for Testing Equipment for WWTP.
The city has recently received a new “Wastewater Discharge Permit” to reflect the upgraded plant. As part of the plant upgrade an additional out fall to the Kennebec River was installed. This new out fall accommodates flows in excess of 4.5 million gallons caused during rain and high groundwater events. All flows above 4.5 million gallons receive primary treatment only while flows 4.5 million gallons and less receive both primary and secondary treatment. Before the upgrade the plant could only treat up to 4.5 million gallons at the secondary level while flows exceeding 4.5 millions gallons discharged to the Kennebec River untreated through CSO’s (Combined Sewer Overflows). Gardiner has for many years had bacteria limit based on the wastewater treated to the secondary standard with no bacteria limit
on water discharged through the Combined Sewer Overflows. Three days a week mid morning sampling was easily scheduled with the state lab. The new primary bacteria sampling is scheduled according to the start/stop times of storm events which directly correlate to primary discharges at the plant. Gardiner is required to test for bacteria whenever staff is normally scheduled to be at the plant. Because of this new requirement written into our new permit discharge permit it is recommend Gardiner purchase its own bacteria testing equipment. This equipment is budgeted for in the 2007 Wastewater Budget. If this request is authorized by the City Council it may be removed from the 2007 Wastewater Budget.
Motion by Councilor Doiron and seconded by Councilor Nickless to Accept Order 06-09, Appropriations for Testing Equipment for WWTP.
Vote: 6 in favor 0 – opposed Motion: passes
7.4 Consideration of First Reading of Ordinance 06-04, Proposed Amendments to the Land Development Code – Dwelling Unit.
Last Fall, the Board of Appeals heard a case where the definition of “Dwelling Unit” was challenged. After the case was heard, the City began researching how to clarify this definition in the Land Use Ordinance and the process that describes how multi-family structure can be converted into a single family use structure. Upon completing the research, a draft was proposed to the Council for discussion and sponsorship (sponsored at the 3/16 meeting). In summary, the new definition provides a broader definition to take into consideration other factors than just physical features, such as number of bedrooms, or kitchens, as follows: In determining whether a room or
group of rooms in an existing structure constitute a separate dwelling unit under this Ordinance, the following factors shall also be considered: (a) historic occupancy and use of the property concerned; (b) design and layout of the room or rooms concerned in relation to other rooms in the same structure; and (c) compliance of the property with applicable building and life safety code requirements for two-family or multi-family use.
Having a broader definition creates more options for those interested in pursuing a change from multifamily to single family use. The converted use will be recorded in the Registry so that the record will show it is permitted as a single-family use. Any intent to change back to multi-family would go under a formal application and review process. The Planning Board unanimously supported the proposed changes as attached with the Council packet.
The Council recommended Ordinance be amended to add the conversion of multi-family homes use smaller components.
Motion by Councilor Doiron and seconded by Councilor Nickless to Accept Ordinance 06-04, Proposed Amendments to the Land Development Code – Dwelling Unit, as amended.
Vote: 6 in favor 0 – opposed Motion: passes
8. CITY MANAGER REPORT
Manager Kobrock stated that the Rotary Club asked if there were any objections to closing the waterfront parking lot for Downtown Festival, there were no objections.
June 3rd will be the day for the ribbon cutting and groundbreaking for the new waterfront trail and project.
At the next meeting there will be a work session for the Enterprise Accounts to held at the Boys and Girls Club.
On May 17th the Council will meet with the School Board for their annual meeting, there may be agenda items also, it will be held at the Library.
The Northwest Quadrant Project is under way, officially starting on Monday, May 8th.
The Pray Street School transfer has hit a legal snag, it has been addressed. The transfer will be discussed soon, and consideration of the transfer by the June 30th deadline.
The recent WWTP project is not yet finished, but anyone who would like to go see they are welcome. Chuck Applebee is planning an open house in the Fall.
Pat Hart, Chair of the Planning Board has scheduled the professional residential item on the June work shop agenda, there will be advance notification to all citizens affected.
9. COUNCIL DISCUSSION
Councilor Nickless stated that his daughter-in-law noticed that his personal information on the city website was incorrect; Manager Kobrock stated that it would be taken care of. Councilor Nickless also asked if the Planning Board was planning to have a workshop on the Pray Street School issue, Jason Simcock stated that yes there will be, the neighbors will be notified.
Councilor Rambo asked if there will be a more up to date picture of the City Council soon, the Council discussed and it will planned for the 24th of May.
Councilor Benner asked if the trash along the banking of the Cobbossee Stream could be cleaned up, Manager Kobrock stated that he would look into it.
10. ADJOURNMENT
Mayor Rines adjourned the meeting at 9:35 pm.
Respectfully submitted,
Molly M. Gallant
Council Clerk
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