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HomeMy WebLinkAbout2008-10-07 Transportation and Infrastructure Committee Minutes Transportation & Infrastructure Committee Tuesday, October 7, 2008 Minutes Councilors Attending: Geoffrey Gratwick, Frank Farrington, Hal Wheeler, Gerry Palmer, Susan Hawes, Patricia Blanchette Staff Attending: Ed Barrett, Jim Ring, Brad Moore Others Attending: Mr. Wesley King Committee convened at 5:00 p.m. Consent Agenda 1. Bangor Gas Easement Request _ Kenduskeag Plaza to Serve New Courthouse Jim Ring said the reason Bangor Gas was requesting an easement was because Kenduskeag Avenue was a parking lot and not a right-of-way. Therefore an easement would be required, not a utility location permit. Councilor Farrington moved and Councilor Blanchette seconded. Councilor Palmer stated it was terrific they chose natural gas to save money. Regular Agenda Item #2 was transcribed verbatim at the request of Mr. King. 2. Two Sewer Abatement Requests have been received for water usage associated with lawn restoration due to grub infestation. The requested water volumes were not separately measured with a sub-meter. Based on Ordinance provisions and previous committee action on a similar request, staff recommends denial. (Materials attached) 2a. 397 Grandview Avenue 2b. 93 Lasalle Drive Councilor Gratwick: Item #2 are two sewer abatement requests that have been received due to two sewer abatement requests that have been received for water usage associated with lawn restoration due to grub infestation. We have however, two items this is the place we hear these, listen to their requests. I would turn first to Mr. Brad Moore, and then.. Sir, are you here for one of these items? Thank you. So then when it comes to that we would very 1 much like to have you come to the table with a mic there. Fact is, you can come up here now, should you wish. And we have a protocol that when we get to that you’ll just have to push the little green button that Mr. Ring will show you how and announce your name. Brad, Sir. Brad Moore: Thank you, Mr. Chair. I do want to make a, offer an apology to the Committee both of these say, as you have read, that they’re due to grub infestation. Actually 2a is 397 Grandview Avenue is actually that case. But Mr. King is here who has the 93 Lasalle Drive property and I inadvertently included it as being the same but Mr. King is built a lawn it wasn’t as a result of grub infestation that he had to rebuild his lawn so there is that distinction. So, I apologize for that. Councilor Gratwick: So we’ll deal with the first on first. Brad Moore: Ok, very good - so 397 Grandview Avenue. Mr. Hanson could not make it because of his health. He just asked the Committee to consider it. I told him that the Committee had already considered similar requests and had denied it. But he wanted to have his day in court, but he couldn’t make it so I told him I would. Again, obviously this was on the Agenda and that his thought was the same as others that had been here before the Committee is that he used the water and that water did not enter the sewer system. And thus, he feels he shouldn’t pay for it so that’s essentially his position that I told him I would advocate in front of the Committee. Although, I would recommend we would deny the request. Councilor Gratwick: Thank you very much, questions? Councilor Blanchette: Thank you Chair Gratwick. I just want to go on the record as stating that I know Mr. Hanson very well. He’s a member of our congregation at church and I also know of his health issues. But it has not, is not going to change my vote on this. We have routinely denied this because people have the option in the City of Bangor to put in an outside meter and the meter that the water is, you can’t abatement on water. But we do abate the amount that went through the outside meter from a sewer treatment fee. So I have, although I have empathy for these people, I can’t break what we have as a standing tradition because it’s just going to open it up to everybody that waters their rose bushes or something will want to come in and we have a very costly treatment plant. So when you’re ready I’m going to move not passage. Councilor Gratwick: Ok, I would take that as a motion, a second then we’ll have further discussion. Councilor Farrington: Item 1? Councilor Gratwick: Item 2a, is there a second for that? No second? Councilor Blanchette: To deny? 2 Councilor Gratwick: To deny. Councilor Farrington: I’ll second. Councilor Gratwick: Move to second, then further discussion. Councilor Palmer. Councilor Palmer: Yes, I will be supporting the motion. Although I was hoping it would be in a more positive vein other than deny, but deny it will work well enough I think. But do we have how, how do we let the public know about those meters? I fell over one that belonged to a friend of mine who had, for his pool, outdoor pool. But do we have on the website? Do we have it in our mailing? Do we need to do alittle bit more for people to better understand how that all works? And that’s really quite simple, you deal with the folks and you get that meter installed and then you’re off the hook. Maybe you could talk about what is being done, Brad, about this. Which I think is a wonderful thing. As a gardener, believe me, I need to get one. Thank you. Brad Moore: Yes, the City is taking several initiatives to make sure the sewer users are aware of it. First it is on the website so you can get information there on the website. As to what you need to do in order to get an application, which doesn’t cost anything. And then install a meter, then we’d have somebody from the plant to go up and check the installation. Also, this Committee had a concern this winter that we needed to convey that even better to the sewer users and we did send with the sewer bills a stuffer, so to speak, that went out with the bills that went from like the middle of February and that next quarter so that the sewer users would have that understanding again that there was a possibility to get an abatement on the sewer user fees for water used outside the home that didn’t enter the system. And so that is what we have done lately. In the past we have put it on the bill stub. If you have used water outside please call the plant and we’d give the number on the sewer stub, too. Councilor Gratwick: Thank you very much. Any other questions? Councilor Palmer: If I may, a follow-up question on how many people in the system are using these secondary meters? How big an issue is it? And how much Staff time does it entail for your folks? Brad Moore: We have approximately 400 properties in town now that have sub- meters. And it is, it does take, cause we’re doing it manually-it takes a good bit of time for one of the clerks at the plant to handle that. The software that we should be purchasing here within the next year will be able to do that electronically. Although it will still be manual entry, they won’t be figuring out by hand, so that should help the process to a degree. But, there is a certain amount of Staff time in dealing with this process. Councilor Gratwick: Thank you very much. Councilor Wheeler. 3 Councilor Wheeler: How long has this information been available on the website? In other words, did it predate the situation with the grub infestation? Brad Moore: Yes it did. When the website was first constructed by the, and I’m not sure when that was, five years ago and it was available before that but it was just on the sewer stub where we notified the public that they could have... Councilor Wheeler: Was it published in any other medium other than the website? Brad Moore: No other than the sewer stub, then also the bill stuffer that went into each sewer bill. Councilor Wheeler: What was exactly the wording on the sewer bill? Brad Moore: On the sewer bill, if my memory serves me correctly. It said, because you only have so many characters you can use, it posed a question “Using water outside? Call the sewage treatment and our phone number”. The bill stuffer that went out this spring was much more explicit and saying what was available and what you had to do in order to get an application and then the process in order to get an abatement. So the bill stuffer that went out his spring was much more informative. Councilor Gratwick: Thank you. Any other questions? Councilor Wheeler. Councilor Wheeler: No, no I guess not. Councilor Gratwick: Next, we’ll go to Councilor Farrington, then Councilor Blanchette. Councilor Farrington: I recall an earlier meeting. Two points I want to make. At that meeting we had a similar discussion with someone that had this problem and I disclosed that I purchased one of these and since that meeting we have saved ourselves about $300 because, we too, had a grub infestation problem. And it didn’t save us anything on the water bill because which the water is being used, but the sewer went in the lawn and it looks as though the grub thing looks a lot better. But it is a very good deal. I remember you were talking about the program that you were setting up to try to get the word out to people that if you do use the water it saved. I think it cost, I can’t remember what it was because we got it 3-4 years ago, I think it cost about $150.00. Well over that time, I think I’ve paid for that about four times. This year was really bad and it paid for it a couple times this year. The other thing I want to disclose is I know Mr. King, he was one of the upperclassman that I was very impressed with when I was at Coney High School. And I think at Williams Grammar School. And I think we’ve had this discussion before, but I can’t remember whether he was a good second basemen for another grammar school or Williams where I went that I know he played baseball at Coney High School among other thins. So I don’t think this 4 qualifies as a conflict of interest, but you disclosed your, and I certainly want to disclose my relationship with Mr. King. Councilor Gratwick: Thank you. Councilor Blanchette: Thank you Chair. I guess just as a point of information I understand, I think completely how Councilor Wheeler feels, maybe we haven’t gone the extra step on advertising this submeter. But I was on the Council when we passed this years ago and at that time we were fortunate enough in the City of Bangor to have news coverage. I mean it’s something we don’t have anymore, but I said we’d try to get the word out through the government access channel and things. We have spend a long time advertising this and in fairness to everyone, it is available and if you’re going to use a huge amount of water it’s worth it. And I think it’s $150. This is done through the Bangor Water District, correct? Councilor Farrington: I went to Old Town. Councilor Blanchette: You traitor. Brad Moore: There’s some used meters that are available that have been calibrated for use in the neighboring communities and that’s why we direct most customers too, because they can get them a lot cheaper than buying brand new. Councilor Gratwick: Thank you, Councilor Blanchette. Councilor Blanchette: Well, no I just want to say I never miss the opportunity when someone will come to me and complain about their water usage and the Water District will not abate. You pay per cubic foot of water that you actually use. So we do encourage people with large lawns, planting new lawns, planting a lot of shrubs. When you plant shrubs in this environment, you have to make sure that you water them almost on a daily basis or you’re going to lose them. The nurseries will stand by them if you give them enough care, but if you haven’t..so Mr. King, I know how hard it is to pay these bills. I’ve been there, done that. Because my water bill when we owned a boat and we used to tailor it, was unbelievable. But I didn’t get an outside meter because I don’t normally use that much outside water. But it has been our policy and I think I have held fast to that for the number of years that I’ve been on the Council. So if you’re ready for a motion. Councilor Gratwick: No, we still have the, I think we’ll do one at a time, please. So I’ll wait just a second. Any other discussion on 2a? Gerry? Councilor Palmer: Yes, Thank you Chair Gratwick. I would also note that the City held a very good workshop on how to deal with these European Chafers as I think I always thought they were Japanese beetles, but 90% of the time they were European Chafers. And there was an excellent program round this table that was televised to talk about how to deal with that issue. So, I think, in that 5 way the City was helpful in the process. But, again it seems like the word has gone out for quite a number of years that these meters are available and it’s the right thing to do. Thank you. Councilor Gratwick: Thank you. Any other comments? Councilor Wheeler: I don’t have any disagreements with the Staff’s recommendation or decision. I think it’s absolutely correct. However, under the circumstances I will be voting to grant this abatement even though I know the rest of the members will not agree with me. Councilor Gratwick: Thank you very much. Any other comments? It’s been moved/seconded. All in favor of denying it, which is a negative motion. This is Pat’s motion. A signal, Councilor Palmer, Councilor Farrington, Councilor Blanchette. Councilor Wheeler: I think, Mr. Chair, the motion be phrased “those in favor of granting the abatement” would make it a positive motion. Councilor Gratwick: The motion actually was made in a negative sense. So to, but to clarify.... Councilor Blanchette: I hadn’t, the Chair told me we were going to take up both issues at once, I believe we already took care of 1a. Councilor Gratwick: No, we hadn’t voted on that, we’re still voting on 1a, we haven’t gotten to 2 yet. So 1a is excepting Staff’s recommendation and it’s for, I’m taking it’s 4-1. Thank you very much. The second is 2b which is 93 Lasalle Drive and I’ll turn again to Mr. Moore. Brad Moore: Thank you Mr. Chair. And again, I want to apologize to the Committee because I mislead you on the situation that Mr. King had on his property. This was to build a lawn on a new property. This didn’t have to do with a grub infestation. Just so you understand that distinction. As far as the Ordinance goes it would have been the same answer from me. In that, that was water that was intentionally used outside that did not, was not metered. And that’s the guideline I have to go by with the Ordinance. So I still would have denied it to Mr. King. And Mr. King is here, obviously to advocate his position but there again it goes back to what the Ordinance and my reply to Mr. King was appropriate according to the Ordinance and he requested the opportunity to speak to the Committee. Councilor Gratwick: Thank you very much. So Mr. King, we turn to you for your comments then I’d invite Councilor comments and questions to you. Mr. King: Well, thank you for hearing me. I lived in Orland from 91 until last November when I moved into this new house on Lasalle Drive. The builder didn’t tell me that I should get a separate meter. I took my water out of Toddy 6 Pond and I put some of it on my lawn and most of it in my septic system. So I was kind of interested as to how the Bangor Water District billed for its water use. I was interested to know how much it was going to cost me and so forth. And, in November I went down to the Bangor Water District and talked with them and I paid them $25.00 for something, I think to start things up. Next thing I did was pay in March in 2008. And honestly, I never did receive, to my knowledge, anything in my bill that said anything about a separate meter. Had I received it, I certainly would have been interested in it because I knew that I was going to be building a new lawn. They didn’t get my lawn in in the fall. They put it in in the spring, the later part of May. They finally got around to me the later part of May and they left me with a sheet written by Vaughn Holyoke on how to do this. I watered from 5 a.m. until 9 a.m. for a week and 5 p.m. until 9 p.m. for that same week. Twice a day and then the next two weeks I water from 5 p.m. til 9 p.m. for two weeks. I have two hoses, front and back 5/8”, so we figured up that my normal usage would be about 1,800 cubic feet and it appears I’ve put 3,100 cubic feet onto the lawn which never did make it into the sewer system. So I asked around and they said you can go down and talk to them and they’ll abate that. So I went down to his office and he very nicely told me that he can’t because the Ordinance says he can’t but I could come here, so here I am. And I was in the military most of my career and I realize that ignorance of the rules is really no excuse, but in this case, I didn’t know that I needed a separate meter. And had I known I think I would have got one. Now I don’t know that I intend to water the lawn ever again, but if I get the information about this meter, I certainly will consider it. But that’s why I’m here. I used 3,100 cubic feet of your water and I paid for it. And I’m asking you for, to relieve me from paying for the use of that sewer that never got used. That water is up on my lot and it’s still there, yes. Councilor Gratwick: Thank you very much. Needless to say this is what your fellow citizens, this is what makes our life interesting. On these Committees where we have your very real and reasonable explanation which are set up against the rules and regulations we all follow. Questions? Mr. King: I honestly didn’t see anything that said anything about a separate meter. Councilor Gratwick: Understood. Questions from Councilors for Mr. King? Gerry, Sir. Councilor Palmer: Thank you Chair Gratwick. Mr. King thank you for choosing Bangor. You could have chosen anywhere to live and we’re pleased that you chose our community. And we certainly wish that it had been alittle smoother transition. Did you use new seed or did you have sod put in or how did that work? Mr. King: They hydroseeded it, they blew it on. 7 Councilor Palmer: Excellent, because part of this grub problem comes in sod, sod from away. And it gets spread around the State which is not healthy for the lawns and that’s been part of the problem. So I’m pleased you hydroseeded it. Mr. King: Well they hydroseeded it last fall. Councilor Palmer: Right. Mr. King: But then we had torrential rains, like three days in a row. And half the damn lawn went away. Councilor Palmer: Yup. Mr. King: But some of it was there this spring. But most of it wasn’t. Councilor Palmer: Right. Mr. King: They put new dirt in, they didn’t roll it. Maybe they should have but they did the best they could and their opinion was that they weren’t getting paid for doing it again so they really weren’t in to much of a hurry to do it. But they finally did come and do it, the end of May. So I was doing this watering during the month of June. And the lawns are coming along fairly good. I’m not a lawn person. I told neighbors on either side “You win, you’re going to have a better lawn than I’ll ever have” and that’s how it is. Councilor Gratwick: Other questions from Council. Hawes? Blanchette? Farrington? Wheeler? Councilor Farrington. Councilor Farrington: I think the dilemma we’ve been in is that the way the system works is that you have to pay a water and a sewer bill unless you have the meter. Because there’s no way we can find out other than people coming and saying I did this....question is if we do it for one we have to do it for everyone which makes it very difficult and we need to find some extenuating circumstances that we can justify treating one person differently than the way we treat everyone else. Otherwise, people just say I, oh no just this and the meter is going through the sewer system, which is the reason I got the meter. Because I began to realize that we use a lot of water and it was costing me a lot of money. And it was 2-3 years before I got the word and when I did then it’s been well worth it ever since, so I think that’s the problem. Councilor Gratwick: Councilor Palmer. Councilor Palmer: Yes, it’s just my concern is we have a new resident who’s gotten here and really he’s had the luxury of Toddy Pond and drawn water from nothing out of there, using his own pump and his own gasoline probably and putting on his lawn not having to worry. We are a different community then that but I do think we have a heart and I would give some consideration to some 8 abatement, maybe something around $80, which would be more than half way. And it would be a one time, new resident, move into town that didn’t know the rules and didn’t. But I think it would be down home friendly for us to consider something of that nature. Councilor Gratwick: Councilor Blanchette. Councilor Blanchette: Thank you, Chair. I just guess I need to just lay it on the table. You have to be fair and fair. We have a lot of development coming into this City. In fact, we try to get residential development in this City every day. There are people coming in and we’re always looking at available lots, what’s available. I know it’s hard to pay these bills, believe me, I live on a fixed income. My husband and I are both retired. I would love to be able to devote, to give half and abatement to this gentleman because I know he didn’t know. But if I do it for Mr. King I’m setting a precedent for every home that is going to be built in the area. And may I remind you, Mr. King set here and very plainly told us that he hydroseeded his lawn last year. We had torrential rain that washed that hydroseeding away. Where did that water that ran off, we have to treat every cubic foot of run off water in this State. So we had to go down, that water that washed off with your hydroseeding, in all due respect, went through our treatment plant because if it ran into a sewer manhole, it was our responsibility and we had to treat it. So, in all fairness, I know, believe me, I know how hard these bills are but in fairness to everyone is fair treatment. If I give this to you because it was a new home, you didn’t understand the rules, I’ve got new homes going up all over the place. In fact, I have three subdivisions of new homes that are going to be built right at the end of my street. So I just want to say so you’ll understand I can’t vote to give you half an abatement unless I want to do that for everyone that runs into the same problem. They’re hydroseeding out there in my neighborhood every day when they get through building a new house. If it is torrential rain and that rain hits Ohio Street Brad Moore at the treatment plant has to treat it so, I mean, I just want you to understand I’m not doing this to be belligerent, nasty, or anything. Believe me I probably understand your pain more than anybody at this table because I am a retired person and I’m old. So I’ve been there and done that. But I just can’t do that in all good respect, Mr. King and I do have empathy for you but I will be voting.... Councilor Gratwick: Any other Council comment then we’ll come back to Mr. King. Councilor Palmer? Councilor Palmer: Yes Chair Gratwick. I would move we abate $80.00 of the $151.22 assessment for this sewer bill. Councilor Gratwick: Thank you very much. Is there a second? Lacking a second, that fails. Any other Council discussion/questions? Mr. King, any other comments? Otherwise I’d be asking for another motion. 9 Mr. King: Well I forgot one thing that I wanted to mention. I mentioned it to Mr. Moore earlier. It would seem to me that you might want to consider, he might want to consider sending out a separate letter to a new landowner, to a new homeowner telling them about this extra whatever rather than sending it in the bill. Some people, I’m not one of them, but some people just throw everything out and just pay the bill and they’re done with it. I read that stuff and I don’t think it was in there. But, had I got a separate letter addressing that, I certainly would have read it. So I just made that suggestion. That’s all. Councilor Gratwick: Thank you. Mr. King: And I realize how you feel and I understand but I still like to be, have my bill abated. That’s why I’m here. Councilor Gratwick: Thank you very much. Any other motion to be made? Councilor Farrington? Councilor Farrington: It is very difficult because we’ve known each other for 60+ years. Mr. King: I went to Lincoln Grammar, not Wiliams. Councilor Farrington: I still say you’re still a pretty good second baseman and it was not helpful to Williams Grammar School when you played for Lincoln. But, and I always take Councilor Palmers comments very seriously and the need to be very friendly to people that are coming to Bangor. But we also have to be as friendly to people who have been in Bangor a long time and I just think it’s very difficult and I think Mr. King’s comments about getting the word out is right on target. We discussed it at a prior meeting. The Committee members know this, we did discuss it, the cost of getting it out, the effectiveness, and it is important to do. So it is difficult to make the motion that we follow Staff recommendation and not grant this abatement, which I will make that motion. Councilor Gratwick: Thank you, Sir. Councilor Blanchette: And I’ll second it. Councilor Gratwick: Seconded. Any other discussion? Councilor Wheeler? Councilor Wheeler: I’m going to be voting in favor of this motion because I feel the circumstances are considerably different that the first case, which was a situation of which the applicant had absolutely no control and while no one can control the rains, this is not a grub infestation situation. So I will support this one. And I want to make it a matter of record that I’m older than Councilor Blanchette and I’m also living on a fixed income. Councilor Gratwick: Thank you very much. Any other discussion? All...Councilor Palmer? 10 Councilor Palmer: Yes, I’ll be voting against this motion because I don’t think it’s friendly enough to new residents and I know that I’m in the minority but I do think the point has to be made. I would also hope we would develop a system for not only this kind of piece. In other communities I lived in, there has been a welcome wagon where they come and they give you things that are important and they tell you about the community and they welcome you. It’s a very novel thing but we in New England do is tend to be a little more reticent to do those kind of things. But I think it would be very helpful in a welcoming way to help people know about how to sort out their..and I know they get it in a general sense but particularly to our new people. And I would suggest that Mr. King probably pays more than a nickel for his property taxes, has a brand new home in the City of Bangor. That if we could give him information not only about this sub-meter method of discounting sewer, but also in terms of how to put your recycling out, and what days and how to do that for new people. That might be efforts well spent to help new members. And also, just putting our website in the hands of new residents so that they would know how to. I know some of that happens when you get into a community and it’s there but sometimes getting it there when you need to have it, you’re late as in this situation. So I would that we would consider doing that and we’ve got a great treatment plant down there, we do a great job putting very good water back into the river. And it cost money to do that. But I think this is exceptional case, for a new resident to Bangor. Again, it looks to me like this, you’re appeal is going to be denied, Mr. King. But I do appreciate you choosing Bangor and I’m glad you didn’t choose some other community. I’m glad you chose us and I hope you give us a chance as further down the road. Thank you. Councilor Gratwick: Thank you. Any other further discussion? All in favor? 4-1. Opposed Councilor Palmer. Thank you very much so the Staff recommendation follows. Just one comment for Mr. Ring. Then, personally that this is one of these very difficult situations we’ve been through this many times on this Committee. And I appreciate very much your coming here and I guess this is the nature of our democratic process here. And I apologize as a person, that I voted against this. And on the other hand I hope you’ll participate in our community because it’s basically a very good community. Each time we’ve gone through this we have had several interesting ideas that have come up and I must say, I think that the idea here that having a new person registering for the first time, some handout would certainly be appropriate. And the larger question Councilor Palmer has raised, I think there’s something we should deal with, I think that would be very appropriate as we talk with the realtors, for hydroseeders, and other people like that. It would certainly seem we could, perhaps, talk informally after that and see how we could make this such a not frequent occurrence. Other comments and then we’ll go on. Sir, do you have any final comments? Mr. King: Yes, I have another comment. I understand your situation and I’ll pay the bill. Does anybody at this table know where I might get two trees. 11 Councilor Gratwick: Two trees? Mr. King: Two trees. Everybody else in the street seems to have two trees. Councilor Gratwick: It turns out... James Ring: I’ll have to check to see if you’re in a two tree zone. No, no, I’m sorry. I assume that you’re referring to street trees out along near the edge of the street and I will pass that information. Mr. King: .......like this and somebody came along and put in a tree. Ed Barrett: Those are normally done in the spring. James Ring: Right. Ed Barrett: It will probably be next spring. James Ring: I will pass that information on to the City Forester and hopefully we can accommodate you on that one. Ed Barrett: If we don’t show up next spring, give us a call and we’ll send somebody right out. Mr. King: I was there last fall, you didn’t show up this spring. James Ring: We’ll automatically do them, so... Mr. King: I will be there next spring and if you don’t show up.....(inaudible) Ed Barrett: Let us know. You call me or you could call Jim Ring who’s the City Engineer. We’ll try to make sure you get ‘em. Councilor Gratwick: Wheels that squeak and wheels that are part of our system we’ll have to take care of. Mr. King: What kind of tree will I get? James Ring: Talk with the City Forester. Councilor Wheeler: Laws are passed by people like we, but only Jim Ring can plant a tree. Councilor Gratwick: And with that, thank you very much. We’re on to the next item of business which is #3. 12 3. Sargent Corporation Lease Amendment – Building 457 Ed said Rebecca was not available and would go over the table, if necessary. Sargent Corporation was requesting a five year lease extension for the upgrade of the hangar for $195,000. The upgrades would involve the passenger entry area, upgrade security, to fix an office window, bi-fold hangar door, door motor, and insulation of the hangar. They would pay 50% of the cost of improvement if they opt out early. Ed stated the rate would be for 20,520 for the first year and 25,000 thereafter. Councilor Blanchette asked if they were agreeable to the schedule and stated it would be a good investment. “Bangor’s future today & tomorrow” and stated upgrades of the building would be easier to lease. She asked staff’s recommendation. Ed said the building needed to be refurbished. This would have to go to Council and would have to table and refer to the next TIC meeting if not happy with it. Councilor Wheeler requested the figures be gone over and how would they recoup the investment. Ed said they pay all the utilities and normally terms would be over a ten year period. He stated he would get details and provide them. This would be brought back to the Council with a vote of five. 4. Lease Agreement – Bangor Fusion Bangor Fusion wished to lease Dock 11 for their annual awards dinner. The short term rate would be $592.00 plus utilities and two employees for security. Legal would draft an agreement. Both Bangor International Airport and Bangor Fusion were happy with the arrangement. Motion was made and seconded for approval. 5. Referral: Council Order 08-311, Authorizing the City Manager to Execute a Declaration of Covenants and Restrictions for the Preservation of Property at 1331 Essex Street. Jim said Dr. Gene Benson was trying to sell and subdivide the property at 1331 Essex Street, which had 66 acres of property across from Burleigh Road. He must provide, according to the Marsh/Mall Overlay Zone preserve 30% open space which would be 20 acres. The preserve area was close to the marsh/wetland area within the buffer for protection. This would be consistent with the Ordinance and it was the recommendation of the Penjajawoc Marsh/Mall Commission. The purpose was to establish legal limitations and to assure preservation for future use regardless of who holds it. Type of restriction limit future use on the conservation area to things like light recreation/nature study habitat preserve. The declaration would be approved in a form acceptable to the City Solicitor. The restriction would be that it could not be harvested, gravel pitted, or homes. Councilor Farrington stated a conflict of interest as this was his client. Councilor Wheeler stated there was a lack of financial or personal interest. Councilor Wheeler moved. Councilor Blanchette asked if the Bangor Land Trust was aware, Jim responded they were and had reviewed and assisted with the conveyance. It was also reviewed by the Penjajawoc Marsh/Mall Commission. Councilor Gratwick asked who would pay the taxes and Jim 13 responded the owner on record would. Councilor Gratwick asked if it were only limited conservation use. Jim suggested rework on the phrase “limited”. Councilor Palmer moved and Councilor Blanchette seconded. Meeting moved and seconded to adjourn. 14