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HomeMy WebLinkAbout2004-10-18 Finance Committee Minutes ' FINANCE COMMITTEE t October 18, 2004 Minutes ' Councilor Attendance: Farrington, D'Errico, Palmer, Gratwick ' Staff Attendance: Cyr, Barrett, Hamer, Little, Gastia Others: Paul Brown, Mr. Willigar, John Largay, Cochrane ' Brothers 1 1. Consent Agenda a. Quitclaim Deed —Thurston — 31-35 Pier Street , A motion was made and seconded to approve the Consent Agenda item. 2. Update on Cues, Inc. ' Little indicated that payment was made by Cues last Friday making their ' weekly payments current. Little sent an e-mail to the Grey's at Cues regarding a discussion, question and answer session by the e-mail process as opposed to directly addressing the Council. He has not received a ' response to date. Palmer suggested that the Finance Committee review the item on a monthly basis, as opposed to bi-monthly. D'Errico agreed ' indicating that it is a staff administrative issue. Gratwick asked if the Committee was micromanaging in this instance and indicated his trust of the professionalism of the staff. Farrington agreed with the e-mail , communication method. Farrington stated that the direction of the Committee is to let staff handle the situation and, if there is a problem, Little will communicate with the Chair of the Finance Committee. , 3. Request for Quitclaim Deed for Vacated Street Hamer requested that this item be continued. He said the City has several ' paper streets that exist on City maps but have not been built. In a 1997 law, any unbuilt street that was not specifically reserved was to be ' vacated and revert to the prior owners. The particular street in question is of importance as it provides access to two large parcels. If the right of ' way has been vacated, there is nothing the City can do. If it hasn't been vacated, it is still a paper street for the City. Prior to the meeting, Hamer spoke with the two parcel owners and discussed public usage of that lot , which may or may not have defeated the 1997 law that would have vacated the right of way. Hamer indicated he would meet with the parties ' , 1 ' and the City Engineer regarding the actual status of the right of way. Palmer su99ested the two property owners in attendance be allowed to , address the Committee. )ohn Largay indicated that on October 5th he had received an October 1�` letter regarding a hearing on October 4rn regarding a parcel of land at the Stillwater/Dartmouth Street areas. He ' purchased the properry over 30 years ago. It is currently zoned Commercial and Industrial. Access was taken by the State when the new ' exit was created at Stillwater Avenue. The only other access is off Dartmouth Street, a residential area. Largay's property is 9 acres and the Cochrane's is 8 acres. Hamer has said that the law would allow each ' owner to take the property pursuant to an eminent domain and block the access, which is disconcerting to Largay. The Cochrane's property is zoned Multi-Family. Largay had previously talked about a single-family , development on the subject property. Several years ago, Largay and the Cochrane's met with City staff regarding the property and the City Planner at that time indicated it should be zoned Residential. largay said that , somewhere in the archives of the Planning Board, Jim Ring and John Lord provided a drawing of the site. The Cochrane's and Largay were going to exchange deeds so that they would have access to the 100 ft. to develop ' infrastructure. Palmer agreed with a continuance to a future meeting. In response to Gratwick, Barrett said that the subdivided properly was � originally a single ownership and actually owned the underlying rights to the street so that stays with the ownership. ' John Cochrane addressed the Committee. The property has been handed down through his family. The land in question was specifically left as access to the two parcels. Gratwick asked about public right away. ' Hamer said there is a difference between public and a private right of way. The question here is has the public right of way been vacated by the 1997 law. Hamer and staff need to clarify if the right of way has been , used, if it has been accepted even though not built. In response to Gratwick, Hamer needs to investigate further to see if granting permitting for individuals to use of the right of way by the owners constitutes a , private way. Hamer said he anticipates the investigation to be completed between two-four weeks. He needs to get all parties and staff involved. ' Palmer made a motion to continue the issue for a month. There are still individuals who need to speak but in terms of conclusions Palmer said that ' would not happen at this meeting. The motion was seconded by Gratwick. Farrington asked the other individuals to come to the table. ' Paul Brown, attorney, addressed the committee representing Rebecca Willigar, 137 Dartmouth, an abutting property owner. Harvard Street e�ension has not been used and the City has not expressed an interest in 1 ' ' accepting the street. He spoke about private versus public right of way. ' He agreed with continuance of the item. The City has maintained the area to correct water damage due to a sinkhole as well as install curbing. ' Barrett said the work was done on Dartmouth Street. Farrington talked about solving the problem of egress. Brown said there has not been ' egress for a number of years. Brown said the landlocking occurred a number of years ago when access to Stillwater was eliminated by the State's taking. � Largay said the City has used the entrance in plowing of snow for many years. Some abutters have used the property, as has the public, and he ' feels that deserves merit. Palmer suggested staff should contact John Lord and Norm Minskey ' regarding the history of the parcel. Farrington took a roll call vote for all in favor of tabling the item for up to ' thirty days to allow staff to further clarify the right of way issue. The vote was unanimous. 4. Review Local Law Enforcement Block Grant ' Gastia indicated that the Police Department has applied for funds through � the 2004 Local Law Enforcement Block Grant in the amount of $10,036 with a local cash match of $1,145. A public hearing is required, and the ' Finance Committee meeting meets that requirement. The funding would be used to support the Jump Start Program, an existing juvenile offender intervention program for juveniles that are referred by law enforcement , agencies. A motion was made and seconded to recommend staff approval. 5. Council Ordinance 04-249, Amending Code of Ethics ' Hamer indicated the Committee had previously reviewed the amendment. ' At that time, the Committee directed him to change language referring to private interest and he has made the changes reflecting special or personal interest. Barrett said this refers to employees who are acting in ' a private capacity. Gratwick questioned the grammar in the Ordinance. Hamer said the Ordinance has been reviewed by the Board of Ethics, who had no comments. A motion was made and seconded to approve staff , recommendation. , ' ,