safewise logo
78 Sunny

Town Council Minutes 12/09/2014


South Berwick Town Council
December 9, 2014

Chairman John C. Kareckas called the meeting to order at 6:30pm.  Councilors present included Jean Demetracopoulos, Russell H. Abell, and John James.  Town Manager Perry Ellsworth was also in attendance.  Laura Leber was not present.

Approval of Minutes

1. Council 11-25-14:  On a motion by Mr. Abell, seconded by Mrs. Demetracopoulos, it was unanimously voted to adopt the minutes as written.

Treasurer’s Warrant

1. On a motion by Mrs. Demetracopoulos, seconded by Mr. James, it was unanimously voted to sign the warrant dated December 4, 2014 in the amount of $732,872.36.

Public Comment

1. Kelsey Vaillancourt, student, was present to observe the meeting for her civics class.

Reports & Presentations

1. Letters from both the school superintendent and Central Elementary principal informing parents of the change in dropping off kids for school during the Avesta construction.

Town Manager’s Report

-Read a letter from Senator Dawn Hill congratulating the Fire Department on its courageous actions fighting a mutual aid fire in Berwick.
-The Avesta Housing project ground breaking will take place on Wednesday December 17.
-The highway crew has been doing a wonderful job with their limited resources.
-Thanked Public Works Director Jon St. Pierre for his help in getting the Avesta project together.
-The next meeting with the school board will be Wednesday December 17.

Unfinished Business

1. Avesta Housing documents:

-Amendment to Purchase & Sale:  On a motion by Mrs. Demetracopoulos, seconded by Mr. James, it was unanimously voted to sign the amendment (amount of $151,881.00) to the Purchase and Sale Agreement (dated 10/16/12) contingent on the loan closing on December 12, 2014 and receipt of funds on December 15, 2014.

-Amendment to & Assignment of Construction Coordination Agreement:  On a motion by Mrs. Demetracopoulos, seconded by Mr. Abell, it was unanimously voted to sign the amendment to the Construction Coordination Agreement contingent on the loan closing on December 12, 2014 and receipt of funds on December 15, 2014.

-Quitclaim Deed with Covenants:  On a motion by Mrs. Demetracopoulos, seconded by Mr. Abell, it was unanimously voted to sign the Quitclaim Deed contingent on the loan closing on December 12, 2014 and receipt of funds on December 15, 2014.

-Transfer Tax & REW Forms:  On a motion by Mr. Abell, seconded by Mr. James, it was unanimously voted to authorize the Town Manager to sign the Real Estate Transfer Tax Declaration and REW -3 form contingent on the loan closing on December 12, 2014 and receipt of funds on December 15, 2014.

-Access, Utilities and Stormwater Easement:  On a motion by Mr. Abell, seconded by Mrs. Demetracopoulos, it was unanimously voted to sign the Access, Utilities and Stormwater Easement contingent on the loan closing on December 12, 2014 and receipt of funds on December 15, 2014.





TC 12-09-14


-Drainage Easement:  On a motion by Mrs. Demetracopoulos, seconded by Mr. Abell, it was unanimously voted to accept the Drainage Easement contingent on the loan closing on December 12, 2014 and receipt of funds on December 15, 2014.

-Access Easement:  On a motion by Mr. Abell, seconded by Mrs. Demetracopoulos, it was unanimously voted to accept the Access Easement contingent on the loan closing on December 12, 2014 and receipt of funds on December 15, 2014.

-Parking Space Lease Agreement:  On a motion by Mrs. Demetracopoulos, seconded by Mr. James, it was unanimously voted to sign the Parking Space Lease Agreement contingent on the loan closing on December 12, 2014 and receipt of funds on December 15, 2014.

-Memorandum of Lease (Parking):  On a motion by Mr. Abell, seconded by Mrs. Demetracopoulos, it was unanimously voted to sign the Memorandum of Lease contingent on the loan closing on December 12, 2014 and receipt of funds on December 15, 2014.

-Extended Low-Income Housing Commitment Agreement:  On a motion by Mr. Abell, seconded by Mr. James, it was unanimously voted to sign the Extended Low-Income Housing Commitment Agreement (for 28 units) contingent on the loan closing on December 12, 2014 and receipt of funds on December 15, 2014.

-Agreement and Landlord’s Consent to Assignment of Lease and Leasehold Mortgage, Security Agreement and Fixture Filing:  On a motion by Mrs. Demetracopoulos, seconded by Mr. Abell, it was unanimously voted to sign the Agreement and Landlord’s Consent to Assignment of Lease contingent on the loan closing on December 12, 2014 and receipt of funds on December 15, 2014.

-Settlement Statement:  On a motion by Mrs. Demetracopoulos, seconded by Mr. James, it was unanimously voted to sign the Settlement Statement contingent on the loan closing on December 12, 2014 and receipt of funds on December 15, 2014.

-Council Order #1:  Chairman Kareckas read the order.  

BE IT ORDERED, that under and pursuant to the provisions of the Charter of the Town of South Berwick, Maine, it is hereby approved and voted that

VOTED and Approved:  Said Council Members are authorized to execute the Closing Documents referenced hereafter and to bind the Town to the terms of such documents:
         1. Purchase and Sale Agreement, as Amended
         2. Construction Coordination Agreement, as Amended
         3. Quitclaim Deed
         4. Transfer Tax and REW form
         5. Access and Utility Easement
         6. Parking Space Lease Agreement
         7. Memorandum of Lease
         8. Extended Use Agreement
         9. Agreement & Landlord’s Consent to Assignment of Lease and Leasehold Mortgage, Security Agreement
Fixture Filing
        10. Settlement Statement
        11. A construction contract for the work required in the Construction Coordination Agreement, as Amended

VOTED and Approved:  To additionally authorize Perry Ellsworth, the Town Manager in his discretion, and with review of the Town’s legal counsel, to execute or approve such administrative amendments as may be necessary to the above referenced Closing documents, if deemed by him advisable after this date, for example changes required by various lenders associated with the transaction which do not materially in the judgment of the Town Manager alter the rights or obligations of the Town and to further authorize the said Town Manager order to effect the above referenced transaction and Closing by approving and executing in his said capacity additional administrative documents related to such Closing as may be necessary or convenient to carry out the full purpose and intent of the foregoing vote including the above referenced construction contract.

Voted and Approved:  To ratify and approve prior documents execute by prior officials of the Town including the Purchase and Sale Agreement date October 16, 2012.

On a motion by Mrs. Demetracopoulos, seconded by Mr. James, it was unanimously voted to approve Council Order #1 as presented.



TC 12-09-14


2. On a motion by Mr. Abell, seconded by Mr. Mrs. Demetracopoulos, it was unanimously voted to accept the Young Street (Avesta) construction bid in the amount of $338,899 from Mick Construction and authorize the Town Manager to administer the bid pending the closing of the sale and leasing of property to Avesta Housing.

New Business

1. On a motion by Mrs. Demetracopoulos, seconded by Mr. Abell, it was unanimously voted to approve the renewal of a liquor license for Fogarty’s Restaurant.

2. On a motion by Mr. Abell, seconded by Mrs. Demetracopoulos, it was unanimously voted to hold a public hearing on Tuesday, December 23, 2014 at 6:30pm to receive comment on the application for a new liquor license for El Sobos Tacos.

3. On a motion by Mr. Abell, seconded by Mrs. Demetracopoulos, it was unanimously voted to authorize the Town Manager to sell the 1988 Custom E-One Hurricane Pumper and its associated equipment.

4. On a motion by Mr. James, seconded by Mrs. Demetracopoulos, it was unanimously voted to authorize the Town Manager to dispose of three surplus police cruisers: one 2004 Ford Crown Vic, and two 2006 Crown Vic’s.

5. On a motion by Mr. Abell, seconded by Mr. James, it was unanimously voted to appoint Barbara M. Bennett as Registrar of Voters with a term to expire December 31, 2016.

6. On a motion by Mrs. Demetracopoulos, seconded by Mr. Abell, it was unanimously voted to adopt the amendments to the Zoning Ordinance, sections 140-9, 140-58 and 140-58A.

Council Member Comments

1. Mrs. Demetracopoulos:
-Stated that she was able to enjoy the wonderful Women’s Holiday Art Sale and Home for the Holidays.
-Stated that a meeting should be scheduled for the Manager’s performance evaluation as soon as possible.

2. Mr. Abell:
-Stated that he will not be able to attend the December 23 meeting.

3. Mr. Kareckas:
-Commented that the new LED lights at the transfer station and monument look great.
-Stated that he would like to invite the Historic District Commission to the first meeting in January to review the proposed changes to the ordinance.

Adjournment

On a motion by Mr. James, seconded by Mrs. Demetracopoulos, it was unanimously voted to adjourn the meeting at 8:38pm.


Attested:



Barbara Bennett, CCM