Ref. #WS700065 & WS700066

CITY OF EASTPORT

PUBLIC HEARING

VENDORS & PEDDLERS ORDINANCE AMENDMENT – FEE SCHEDULE

WEDNESDAY, NOVEMBER 14TH, 2012

6:00 P.M. - SHEAD HIGH SCHOOL

The hearing was called to order at 6:01 p.m. Those present: Councilor Michael Cummings, Councilor Scott Emery, Councilor Dave Morang, Councilor Mary Repole, and Council President, Robert Peacock. Also in attendance was City Manager, Jon Southern; as well as City Clerk, Ella Kowal.

Council President, Robert Peacock, advises that this hearing is being held to receive public input relative to a proposed amendment to the City’s Vendors & Peddlers Ordinance “Fee Schedule”.

Council President reviews the existing Fee Schedule of the ordinance and also reads aloud the fees that are being proposed and presented for consideration.

Council President opens the floor for comments from the Council as well as input from the public.

Councilor Mike Cummings asks if the fees being proposed were common to those in the area. The City Manager responded that this was checked but that there was no common pattern and that the fees were all over the place.

Jon McNerney from the audience asks if this will apply to the 4th of July vendors. Council President, Robert Peacock responds that the current ordinance regulates that this is enforced.

Meg McGarvey from the audience asks when this change would take effect. Council President responds once it is approved by Council it would be immediately.

Council President, Robert Peacock, declared the hearing closed at 6:08 p.m.

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CITY OF EASTPORT

PUBLIC HEARING

ZONING MAP CHANGE – APPROVAL/ADOPTION OF GIS FORMAT MAP

WEDNESDAY, NOVEMBER 14TH, 2012

6:00 P.M. - SHEAD HIGH SCHOOL

The hearing was called to order at 6:09 p.m. Those present: Councilor Michael Cummings, Councilor Scott Emery, Councilor Dave Morang, Councilor Mary Repole, and Council President, Robert Peacock. Also in attendance was City Manager, Jon Southern; as well as City Clerk, Ella Kowal.

Council President, Robert Peacock, advises that this hearing is being held to receive public input relative to a proposed zoning map change that requires the approval and adoption of a GIS format map..

Council President opens the floor for comments from the Council as well as input from the public.

The Assessor, Robert Scott, explains to the Council that they have a copy of the existing zoning map as well as a copy of the new improved one that is being proposed and presented. A copy was also given to circulate throughout the audience. He explains that this is a project that he, the Planning Board, and Heron Weston have been working on. He gives a brief explanation that this initially started out as a college course exam/project for Mr. Weston at UMM. Mr. Scott further continues to say that the City’s current map is difficult to make out the street much less the lineation and the zoning. The new improved map clearly and properly reflects the streets as well as the properly lines with an overlay. It provides an exact of where the district boundaries exist. He also informs the Council that there is an inset for the Harbor and the Downtown which clearly outlines the shoreline district and the downtown district. He further continues to say that the new map is much more professional and is easier to read and provides clarity to definition. He also informs the Council that it offers a PDF file on the City’s website and that it is very user friendly. He notes that the Planning Board held a public hearing on October 9th and the map was approved with three minor corrections. Two of the corrections were that Treats Island and Dog Island were mislabeled as being shore land resource protectiveness and should have been limited residential. The third correction was to have the Breakwater and the Fish Pier placed on the map more as a landmark. Mr. Weston made these changes as requested and the Planning Board now presents to the City Council that consideration be given for the approval and adoption of the GIS Format Map as presented. The Assessor, Robert Scott, recognizes and acknowledges the great deal of time and effort that has been put into this by Heron Weston and thanks him publicly.

Council President, Robert Peacock, declared the hearing closed at 6:14 p.m.

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CITY OF EASTPORT

PUBLIC HEARING

LIQUOR LICENSE APPLICATION (N) – EXPANSION OF LIBERTY CAFÉ

WEDNESDAY, NOVEMBER 14TH, 2012

6:00 P.M. - SHEAD HIGH SCHOOL

The hearing was called to order at 6:15 p.m. Those present: Councilor Michael Cummings, Councilor Scott Emery, Councilor Dave Morang, Councilor Mary Repole, and Council President, Robert Peacock. Also in attendance was City Manager, Jon Southern; as well as City Clerk, Ella Kowal.

Council President, Robert Peacock, advises that this hearing is being held to receive public input relative to a new Liquor License Application for the expansion of the Liberty Café submitted by Tyra Baker.

Council President opens the floor for comments from the Council as well as input from the public.

There were none.

Council President, Robert Peacock, declared the hearing closed at 6:15 p.m.

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EASTPORT CITY COUNCIL

REGULAR MEETING

WEDNESDAY, NOVEMBER 14TH, 2012

6:00 P.M. - SHEAD HIGH SCHOOL

1. CALL TO ORDER

The meeting was called to order at 6:16 p.m. by Council President, Robert Peacock. Those in attendance and present were: Councilor Mike Cummings, Councilor Scott Emery, Councilor Dave Morang, Councilor Mary Repole, and Council President, Robert Peacock. Also in attendance were City Manager, Jon Southern; and City Clerk, Ella Kowal.

2. ADJUSTMENTS TO AGENDA

There were none.

3.  ACTION ON PUBLIC HEARINGS

MOTION REPOLE SECOND EMERY

To approve an amendment to the “Fee Schedule” of the Vendors & Peddlers Ordinance to increase the weekly fee to $25.00; the monthly fee to $50.00; and the yearly fee to $75.00.

PASSED 3-2 (CUMMINGS & MORANG “NO”)

MOTION REPOLE SECOND CUMMINGS

To approve a zoning map change to adopt the GIS format map.

PASSED 5-0

MOTION MORANG SECOND CUMMINGS

To approve a new Liquor License application for the Liberty Café on their expansion as submitted by Tyra Baker.

PASSED 5-0

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4. MINUTES OF MEETINGS

MOTION MORANG SECOND REPOLE

To accept and approve the Council minutes for the September 12th, 2012 Council meeting as submitted by the City Clerk, Ella Kowal.

PASSED 5-0

MOTION REPOLE SECOND EMERY

To accept and approve the Council minutes for a workshop of October 10th, 2012 as submitted by the City Clerk, Ella Kowal.

PASSED 5-0

MOTION REPOLE SECOND MORANG

To accept and approve the Council minutes for its regular Council meeting of October 10th, 2012 as submitted by the City Clerk, Ella Kowal.

PASSED 5-0

5. DEPARTMENT REPORTS

A. FINANCIAL REPORT

MOTION REPOLE SECOND CUMMINGS

To accept the Financial Report for October, 2012 as presented by the City Manager.

PASSED 5-0

B. CODE ENFORCEMENT & ASSESSOR REPORT

Councilor Repole addressed the Assessor with a question relative to the appearance and signage for the Family Dollar at the site of the old Irving’s location. The Assessor responded that the City has no jurisdiction over this because it is on State highway and they must comply with the State requirements. He also notes that they have commenced work at the site and hope to have it completed within three to four months.

Merilyn Mills addresses the Assessor with a question about the square footage of the building and the parking plan. He responds that it is 80 x 100 and that it is an 8,000 square foot building. With regard to her question on parking, he informs that they are required to have twenty-three parking spaces and has been DOT approved with the existing curb cuts.

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Linda Godfrey asks if the Assessor is the representative for the City that communicates with the Family Dollar. Her suggestion to the Council is for the Assessor and the City Manager to communicate to them and inquire about the plantings and appearance of the store so that it would match the gateway to the City and to follow what the community is working towards.

MOTION EMERY SECOND REPOLE

To accept the Code Enforcement Report & Assessor Report for October, 2012 as submitted by the Assessor.

PASSED 5-0

C. POLICE DEPARTMENT REPORT

The City Manager informs Council that the department has new uniforms which is a savings of $40.00 per uniform. The cost savings was not only a factor in the change but it also came at the request of Mark Emery and Justin Leighton for consideration.

Councilor Mike Cummings asks about bullet proof vests for the department and the City Manager responds that it is being looked into and hoping that there is a grant out there for it.

Linda Godfrey addresses the Council with a comment that came from the Whirl during their stay about the positive feedback and friendliness not only from the community but from the Police Department as well.

MOTION MORANG SECOND CUMMINGS

To accept the Police Department Report for October, 2012 as submittted by Interim Police Chief, Mark Emery and presented by the City Manager, Jon Southern.

PASSED 5-0

D. PUBLIC WORKS REPORT

The City Manager takes a moment to reflect on the most recent rain storm of October 20th and the impact it had on the downtown area. The statistics show that seven inches of rain accumulated over a five hour period. The downtown couldn’t handle the storm water because one of the main storm drains down by the WACO went out to sea and was blocked by the stabilization that was done and caused a lot of backup. In particular, the Pickled Herring, the WACO, and the Tides building all experienced flooding. He informs Council that consideration will need to be given to look at funding for putting in a new culvert.

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Councilor Mike Cummings asked if there wasn’t also a problem with the breakwater area. The City Manager responded that was a result of an overflow of the pump station. With that amount of water, it is difficult for the pumps to keep up. Typically, when there is a significant amount of water; the two pump stations that are affected is the one by the breakwater and the one on Middle Street.

Councilor Scott Emery asks the City Manager if the storm drains were put into the Sewer down by the Tides Institute when they dug that up. The City Manager responded that this was part of the problem and that most of the storm water should be going out to sea.

Councilor Mike Cummings asks the City Manager where we stood with the sand. The City Manager responded that the bid was awarded to Arty Mahar with Ground FX in Pembroke at $10.00 per yard. He also notes that he had Rene O’Dell take a look at the sand and came back that he found it to be a quality sand.

Councilor Scott Emery asked the City Manager if we got what we needed for salt this year. The City Manager responded right now we are at 90 tons but ideally we would need 120 tons but that it would take us over budget. However, he did say that we do get 100 yards of sand for FMT that we bill them for and he may be able to use that money for extra salt if need be.

MOTION MORANG SECOND REPOLE

To accept the Public Works Report for October, 2012 as presented.

PASSED 5-0

E. SEWER REPORT

The City Manager informs the Council that he and Jeff met with the engineers and the contractors for a pre-construction meeting with regard to the first of the pump station upgrades. They did go out to the site and the pumps are on order and this project should commence in January. Plans are also being worked on for the upgrading of the telemetry and an alarm system that controls the electronics for the pumps.

A question came from Denise Cassidy in the audience as to whether or not there is enough money from the two Sewer grants to take on the problem in the downtown area. He responded “no” not at this time. However, he did say that it would not be a huge cost and that one contractor had quoted him $75.00 an hour and that it would be a three-day project. Councilor Scott Emery asked when this would be done. The City Manager responded to say that once he has received pricing he would need to address the Council and receive their authorization to move forward once. Councilor Dave Morang expressed that he feels the quotes should be immediate so that it can be addressed as soon as possible. Councilor Scott Emery concurred with sooner the better. The City Manager said that he will forward the information to the Council once he has received the minimum of three bids.

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MOTION MORANG SECOND REPOLE

To accept the Sewer Report for October, 2012 as presented.

PASSED 5-0

F.  PORT REPORT/UPDATE

Council President speaks of the sad event of the Bounty.

He also updates the Council that they have just completed the largest shipment of cows with a total number of 1,180 “Black Angus” headed for Russia. There four more ships on the board scheduled – three for November and one for December. These shipments are reflective of the cows as well as wood pulp. One in November will hold 1,300 dairy cows for Turkey plus a load of wood pulp. Another in December will hold 1,100 dairy cows for Turkey as well as a load of wood pulp. They are scrambling the wood pulp rates because of the particular port in our location. They have other wood pulp that may come here to be loaded. They have two other ships coming for the far east and another one for Europe and possibly for Italy. Merad was here during an inspection for the bulk handling system as a result of funding under a Tiger grant of which $2,000,000 was from the Federal government. As a result, they were able to see the potential for future shipments.