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Council Minutes 7/16/01
PRESENT:        Chairman Hathaway, Councilor Michaels, Councilor Friedman,Town Manager B. Reed, CEO A. Thomas, Supt. of Public Works B. Free, Fire Chief Martin, Deputy Clerk J. Reed, G. Brooks, B. Perkins, E. Bushway from the Sewer District, Attorney R. Violette, P. Kearney from Bangor Hydro, J. Parker, B. Larson, T. Noyes from CES, R. Saucier from the Bangor Daily News, R. Morrarty from RPM Motors, P. Robinson, P. Plaisted-Mooney, T. Mooney, N. Huggard, D. Huggard, citizens of Veazie. Councilor Cheney and Councilor Kelly had been excused.  Councilor Cheney arrived shortly after the meeting began.

ITEM 1. The July 16, 2001 Veazie Town Council was called to order at 7:00 PM.

ITEM 2. Consideration of minutes: Motion: Councilor Friedman to accept June 16, 2001 minutes as written. Seconded: Councilor Michaels Vote 3-0 in favor

ITEM 3. Consideration of the Agenda:  Councilor Friedman asked to add Item 5c-- for B. Free to present the paving schedule.

ITEM 4a.        Public Comments: Copies of a letter submitted for consideration were submitted for a future meeting from Dick and Nancy Huggard about their concerns of emissions from J. C. Auto Body. Chairman Hathaway asked for an update and Manager Reed stated that arrangements have been made to monitor the emissions when painting is taking place and or adverse weather conditions are present. Chairman Hathaway asked to revisit the issue in two weeks. J. Parker stated that there has been cooperation from J. C. Auto. J. Parker will have the person that operates the monitor equipment available to answer questions.

ITEM 4b.        Sewer District Update: G. Brooks gave an update on the sewer district project. The Sewer District had representatives from CES available to answer questions. The Sewer District has been trying to get people involved in the project since Dec 98. They are working towards a better more efficient plant. The project is presently 45% done. The target date is March but would like to have it done prior to snow this year. Projections are for 300,000- 320,000 gallons a day flow of wastewater.  The upgrade to the existing plant and expansion of capacity is necessary for future uses. Duke Energy has added a great deal of wastewater since they went on line. Councilor Michaels asked if they send boiler water. Brooks stated that the plant gets the demineralized water. They are dealing with a lagoon system and in future years it will be a sludge problem without the current improvements. G. Brooks invited anyone that is interested in viewing the project to come and visit but to set up an appointment in advance. Councilor Cheney asked if the neighbors have been disrupted. Brooks stated that letters go out to keep them informed.

        Chairman Hathaway addressed the letter from the Sewer District. He stated that the quote from an earlier council meeting had been taken out of context and that there are a host of issues that are being addressed and that the Council has to explore changes. He stated that the council is not on a witch-hunt. E. Bushway stated that the trustees are very conservative and concerned with cost but people have to realize that there are State and Federal mandates that they have to keep up with. People have to pay for what they use. There is debt retirement and the trustees have talk about it and the concern of the older residents on fixed incomes. The trustees feel that they are working efficiently.

        Councilor Michaels stated that the debt retirement was brought to his attention by a couple on a fixed budget and they were wondering if those fees could be incorporated into taxes so that people could claim that cost on their tax return. E. Bushway stated that they are a utility and have to operate as such, in terms of debt retirement. Councilor Michaels expressed concerns that taxes went down but the sewer bill will be going up that out of pocket costs don’t change. The Town’s State Revenue sharing will drop because of the taxes going down but if the debt service were built into the tax rate it could be built back in and the town would receive more State revenues. Manager Reed concurred that if the town bought the debt service credits then less State Aid money would be lost in the future and credits could be used economically.

        J. Parker stated that he has been involved in this for years. When the treatment plant went on line the decision was made that a treatment plant would have to be built to handle the housing units. There was discussion that all parties are working to find a more efficient way to do things now because times have changed.

Chairman Hathaway stated that it is time to take a look at how we do business to make it more efficient for the Town. E. Bushway stated that the council should come to the trustees with a proposal. They are open to the idea of saving money. Chairman Hathaway suggested that a meeting should be set up and more communication between the trustees and the council is needed.

        Discussion entailed that there are still areas of Town that are not hooked up to the sewer system but the past Land Use Ordinances were not written like they are now. Jackson Drive needs a pump station. J. Parker stated that in round numbers it would cost ½ million dollars to sewer the rest of the town. Originally, when the district was established there wasn’t a way to assess cost other than to the Town.

        E. Bushway stated that it would help if the Town Office staff could direct the public to the Sewer District call them if there is a problem. Manager Reed stated that is already being done. The council thanked the sewer district for the update on the project.

ITEM 5a.        Kennett Estate Matter:  The Kennett’s Attorney sent over paperwork regarding the Kennett property. Manager Reed recommended that no action be taken at this time because the documentation was incomplete. The planametric maps details that there is a substantial encroachment of the property on the Town roadway and the Kennett representatives are asking for a wavier. The Town requested a survey and a written proposal.

        Chairman Hathaway expressed concerns about the homes in the village area. There are a number of homes that are over the public right-of-way and there is a need to establish guidelines on how this situation is going to be handled so that each case is handled the same way. As the roadway goes as the roadway is built. Attorney Violette state that there are currently statues that address the right-a-way issue. Councilor Michaels stated that it would be good to go through the maps and highlight the properties that look unusual.

        Chairman Hathaway asked the Council if option two is anymore desirable than it was in the past. Council Friedman stated that he may like to explore that possibility but it should be done at a later date.

ITEM 5b.        RPM Motors Update: R. Morrarty from RPM Motors was upset with the letter sent to him from the CEO Thomas. The statement that his business is motor vehicle graveyard and the statement concerning the amounts of fines that can be imposed insulted him.
        
        Council Friedman addressed Mr. Morrarty stating the problem the Town has with his business is a safety issue. Vehicles being parked close to the curb impair vision of drivers trying to pull out on to Route 2. With the cars parked down by the signs, drivers are unable to see until they are almost in the road. When Councilor Friedman stated that when counts 19 cars parked on the lot that he feels it is a violation of the ordinance. Councilor Friedman stated that maybe down the line when funds are available Mr. Morrarty could gravel in some of the grass area and park cars in a systematic line out of the Town’s right-of-way.
        
        Mr. Morrarty stated that he has tried extremely hard to do what has been asked of him to be in compliance. He stated that he is a small business and trying to do his best.

        Chairman Hathaway stated that some businesses have a problem keeping with the ordinance and it is nothing personal. For the record CEO Thomas stated that he is required to quote what the fines are but it does not mean that the fines are going to be implemented at this point time.
Manager Reed proposed that a meeting be scheduled with Mr. Morrarty and A. Thomas to discuss what might help solve the parking issue. The manager stated that the calls that he has taken have been around the issue of curb cuts and driving on the grass.

        Councilor Michaels asked Mr. Morrarty to look at this safety issue from the position of an elderly 4 ft. 9in person in a big car and see how well she may be able to see to turn on to Route 2

Councilor Cheney stated that she appreciated Mr. Morrarty cooperation with A. Thomas.   

ITEM 6a:        Attorney Violette: Attorney Violette stated that he would offer some free legal advise in regards to the wavier issue on the Kennett property.  Attorney Violette stated that there is a statue in title 23 that answers questions about the wavier issue.

        Attorney Violette then proceed with his presentation stating that he is in the process of closing his office in Brewer and Millinocket because he is taking a position at H. E. Sergeant. He is still willing to continue offering his services to his existing school and governmental clients.

        Manager Reed stated that he does not have any concerns about the proposal form Attorney Violette.

        Council Friedman stated he had 4 questions:
        He asked where Violette’s priorities would lie once he goes on board with H. E. Sergeant. Stating that it is hard to serve two masters.

        Attorney Violette stated that he currently serves many masters and does not see a conflict of interest in the future. If there were a legal conflict between H. E. Sergeant and the Town of Veazie there would be a good possibility that the Town’s insurance carrier would hire the attorneys to represent the Town.

        Next, Councilor Friedman asked, if Manager Reed needed advise during the day would he be available would his employer be understanding to this.
        He stated yes because it would not be much different than it is now.

        Next, Councilor Friedman asked, if the town of Veazie needed to go to court would he be available.
        Violette answer was yes.
        
        Councilor Friedman’s final question was would there be a back up attorney available if he were out of town.
        Attorney Violette stated that he presently has back up. He would only be out of town for 2-3 days at a time but would be available by phone, e-mail, and cell phone.

Council Cheney stated that if there is no contract, why not give it a try. Councilor Friedman agreed.

        Chairman Hathaway asked how many clients he was keeping on? He stated about a dozen.

ITEM 6b:        BHE—Power lines Presentation: Pat Kearney passed out a packet outlining the proposal for the replacement line. He told the Council that the project begins at Graham Station and ends in Milford and will serve many users. He stated that it was time to rebuild the line because of problems with trees. The reason for new construction is reliability.

        Councilor Cheney asked where the line would run. P. Kearney stated that the right of way would be utilized. The poles would be replaced and would be higher by 4-5 feet.

        Councilor Michaels stated that he has concerns about the clean up after the project is done. The new lines will be put on new poles in approximately the same place. Councilor Friedman wants to see in writing that BHE will clean up after the project 45-50 ft poles the old poles will be removed.
        Councilor Cheney asked if the voltage would be increased and would anyone be bothered by the increase. Chairman Hathaway asked, if residents need to be informed. Manager Reed stated that BHE has already done the public hearing process. This is a modification of use so it was necessary to bring the issue to the council.

        Councilor Michael’s concern was that a pole ends up 8 ft difference than they are now, placed in the middle of a driveway, than residents would be calling the Town Office to complain.

        Manager Reed asked for a construction print. Chairman Hathaway was still concerned that 99% of the persons are not aware of this issue.

        Kearney stated that the timing of the project critical. The project has been budgeted for and they would like to have all the needed permits as soon as possible.

        A citizen from the public, P. Robinson, stated that she had not been notified but as a resident of Main Street she believed that citizens would be upset.

Manager Reed outlined that the municipality really can’t say no because the line already exists and the utility has certain rights to use the public right of way as long as they meet industry, state and federal standards.

Kearney stated that there would not be any impact on Main Street and that they would not cut any trees down.
        
Chairman Hathaway stated that he would like to see some communication with the citizens that will be affected.

        Councilor Michaels asked when the phone and cable would be doing their work. Kearney stated that it would happen after the poles were set.

ITEM 6c: Paving Schedule—B. Free: Supt. Free presented the paving schedule. There is a culvert that needs to be replaced prior to paving Birchwood because there is allagatoring that needs to be fixed. Public Works will use a modified binder mix because of projected heavy traffic. Randolph and
        Highview will be patched and paved. The combined total cost of the projects he estimates will be $35,647. The approved budget for paving was $60,000 so they are well with in the budget. It was noted that B.  Silver was assessed $7,000 for work that needs to be done on Hillside Drive. Shanklin trees still need to be planted on Jackson Drive.  
        J. Parker stated that Jackson Dr. should be drained because the conditions are not the greatest for Roadway drainage.

        Manager Reed stated that the drainage paperwork is done for Riverview but he is running into signature problems.
        
        J. Parker passed out a rough sketch of how to deal with the drainage problem on Ridgeview. By putting in a green grass curve it is simple to install and easy to repair. Two catch basins and the most difficult part of this project will be getting the grass to grow.
        
It was noted that there were some large cracks on Jackson Drive, Parker would like to see it grinded out.

ITEM 7. Manager’s Report:
        
        7a. There were no comments on the Police Department’s quarterly report.

7b. A letter from the Police Chief on police interactions with young people.

7c. A letter from our loss control consultant and his review of the Public Works Department.

7d. Letter from the Fire Department pertaining to the grant they received for the purchase a defibrillator unit. This was a matching money grant, which will require local funds. At the present time we are looking for matching funds to allocate.

Motion: Councilor Friedman--To allocate from the general fund ($1,395.00 and $695.00) to fund matching grants for two defibrillators. Seconded: Councilor Cheney, Vote 4-0 in favor

7e. There were no comments on the Fire Department’s monthly report.

7f. Copies of a FEMA emergency grant that we, (the public works department) requested and received.

7g. A copy of the letters that Allan sent out on the Davis matter.

        7h. A follow up report from CES on the JC Auto emissions concerns.

        7i. A copy for your records of the final signed contract on the Patterson matter.
        
        7j. A copy of the Water District’s meeting minutes were available.

        7k. A copy of the article that was in the BDN pertaining to the proposed Veazie Senior Housing development.

        7l. A copy of the School Committee’s minutes and agenda were available.

ITEM 8. Requests for Information/Council Comments: Next meeting Chairman Hathaway would like to take up the goals and objectives. Manager Reed stated that the next meeting the final draft plan of the comprehensive plan would be presented in an informational session and would take a fair amount of time. The Chair outlined that goals and objectives maybe rescheduled.

        Michaels stated people’s front yards were taken when the Bangor Hydro put the poles in before and does not want to see the problem repeated.

        Councilor Cheney in mentioning that one of the Towns goals was community pride and wanted to thank G. Hammond for donating his time to pull the float and recognized the businesses that donated to the community float project.

ITEM 9. Warrants: Town Warrant 1 & 2, Town Payroll Warrant 1 &2, School Warrant 1& 2, School Payroll Warrant 1& 2, and School Lunch Warrant 1, were circulated and signed.

ITEM 10.        Adjournment: Motion: Councilor Cheney--to adjourn July 16, 2001, Town Council Meeting. Seconded: Councilor Friedman there was no further discussion.  Voted 4-0 Meeting adjourned at 10:00

Respectfully submitted,



Julie D. S. Reed
Deputy Town Clerk


 

Town Office: 1084 Main Street, Veazie, ME 04401
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