City Hall·Millinocket·Agenda
Town Council
- Tentativeagenda
- 18. Adjournment Join Zoom Meeting https://usO2web.zoomus/i/87490766388 Meetings are open to the public for in-person attendance and via Zoom. Submit any public comments to the Town Manager prior to the meeting: manapercmillinocket.org or call (207) Ext.5 to make special arrangements. Meetings are also available via Zoom and YouTube Channel. Find all direct links on our website: Millinocket.org. Millinocket Maine’sBiggestSmallTown TownofMillinocket 197PenobscotAvenue Millinocket,Maine04462 ManagerMil1inocket.orgwww.millinocket.org 207-723-7000Ext5 CitizenGuidetoTownCouncilMeetings ThisisanoverviewofinformationrelatedtoCouncilMeetings.Wehopeitishelpfultounderstanding theprocess.Thankyouforparticipatinginourlocalgovernment.Thetownmeetingisaplacewherethe
- • Order-Itemofbusinesstobeproposed(motioned)tocouncilfordiscussionandvote.
- • Motion-ACouncilorproposaltothewholeCouncilfordiscussionandvote.Thiscouldincludean Order,anAmendment,orother.Anycouncilorcanmakeamotionatanypointintimeduringa TownCouncilmeeting,regardlessofwhetheritisontheagendaornot.
- • Second-A“second”isusedwhenacouncilorsupportsanordertobediscussedandvotedupon. Withouta“second”anorderormotiondoesnotgetdiscussedorvotedon.
- • Amendment-Achangetoanoriginalorder,whichcanbemotionedbyacouncilorandapproved orvoteddownbythewholecouncil.
- • Minutes-Summaryofpastmeetings,includingvotesanddiscussion,thatneedsCouncilapproval forofficiallyenteringtherecord.
- • ParliamentaryProcedure-ThisistheprotocolusedaridquestionsgototheCouncilChair.The CouncilfollowsRobert’sRulesofOrder.TheCounciladoptedadditionalproceduresattheinitial sessionofanewterm.
- • Warrant-alistofarticlesforitemstheCouncilmayacton,whichusuallycomesintheformof approvingexpenditures.
- • MilRate-Taxrate.Thetaxratedetermineswhatispaidinpropertytaxes.Itisstatedin“somany dollarsperthousanddollarsofvaluation.”Residentialpropertyownersmaywanttoseedhomestead exemptionsorVeteran’sexemptions(forqualifiedveterans)topotentiallylowertheirpropertytax rate,whichmayhedonethroughthetown’sTaxAssessor.
- • TwoMinutePublicComment-Typicallythelastagendaitemprovidesanymemberofthepublic anopportunitytoexpressgeneralconcerns,thoughts,orfeedbackpublicly.TheCouncilinvitesany andallpeopletospeak.Eachmemberofthepublicwillbeallowedtospeakforaperiodofnotmore thantwominutesandtheCouncilshallnotenterintoadebateoraquestion-and-answersession unlessthequestioncanbeansweredinabriefstatementwithoutadebate.Thiswillbeatthe discretionoftheCouncilChair.
- • ExecutiveSessions-TheseareprivatemeetingsheldbytheCouncilwhencertainmattersmusibe keptconfidenlialtoprotectotherparties,asrequiredbyUSand/orMainelaw,TownCharter,orby contract.Thiscouldincludepersonnelissues,legalissues,economicdevelopmentissuesorother. NoActionbytheCouncilcanbetakeninExecutiveSession-onlyinpublicCouncilmeetingscan anyvoleordecisionbemadebytheCouncil. 1 To ask questions or offer feedback during Town meetings, the public may do so within the public comment period of each order on the agenda. Aiy
- Iget
- More
- Providing
- Isordered
- P.O.
- Passedbythecouncil:
- Attest:
- Landleaseagreement
- Between
- Townofmillinocket
- Witnesseth
- Articlei.Leasedpremises
- Land Leaseagreement
- Article Ii. Term Of Lease
- A. Lcssce shall have and hold the Premises for a terni of (20J years beginning on the 22nd day of _Oct, 20_26_ and ending on the __2Ist__ day of _Oct_, 20_46_ (the “Initial Termiand together with the Extension Term, as defined below (if exercised), the “Term”),
- B. Provided this Agreement is still in effect and has not been terminated for any reason, that Lessee has not defaulted under this Agreement, and that Lessee notifies Lessor in writing on or before the 1st day of October, 2046, of Lessee’s election so to do, the Lessee is hereby given the right, at Lessee’s option, to extend the term of this Agreement for an additional period of (20) years from the 1st day of January 2047, to and including the 31st day of December, 2067 (the “Extension Term”), upon the same terms and conditions as set forth herein for the Initial Term hereof. ARTICLE IlL OPERATING RIGHTS GRANTED
- A. Lessor hereby grants to Lessee, for the Term of this Lease and subject to the terms and conditions hereof, the right to use and occupy the Premises as a commercial facility. Said buildings shall be used solely for the lessee’s business and related machinery and equipment owned by or under lease to Lessee or Lessee’s permitted subtenants, invitees, successors and assigns. Lessee may store items on the Premises but said additional storage shall only be incidental in accordance with Federal Aviation Administration Regulations and Policies, as amended from time to time.
- B. Any other uses ofthe Premises shall only be permitted with the written consent of the Lessor, which consent shall not be unreasonably withheld, conditioned, or delayed provided the use does not conflict with the Airport’s operations, and does not violate FAA Grant Assurances, the Town of Millinocket Ordinances, and the Airport’s rules and policies then in effect relating to the use of the Airport Property, or any other applicable ordinances or laws.
- C. In the event any applicable laws, rules, policies, or regulations dearly conflict with the express terms of this Agreement, the terms of laws, rules, regulations and policies shall be controlling, but only to the extent necessary to give effect to the particular provision in conflict. Anything to the contrary herein notwithstanding, Lessee shall be obligated to comply with any changes when such compliance is required by federal or local law, regulation or policies.
- D. Lessee shall not perform any act or carry on any practice which may damage the Premises or constitute a nuisance or disorderly conduct or which would have a tendency to disturb other tenants or occupants at the Airport, nor commit or suffer any waste or damage, disfigurement or injury to the Premises, nor permit or suffer any overloading of the structural components, electrical or other
- Articleiv.Rentsandpayments
- Land Lease Agreement
- B. Lessee further agrees to pay Lessor an interest charge at the rate of 1-1/2% on all rents and fees due to Lessor hereunder for each month or fraction of a month that such rents or payments remain unpaid beyond thirty days after the date on which they are due as specified hereinabove. Delinquent accounts are subject to late fees of $20 per month and! or collection fees.
- Article V. Improvements
- A. Lessee may, at Lessee’s sole cost and expense, make such improvements to the as ‘nay be required or desirable in connection with the Building, provided that no such structure, improvement, fixture, equipment or facility shall be constructed or installed by Lessee without the prior written consent of the Lessor, which consent will not be unreasonably withheld. Lessee covenants and agrees that prior to the construction or installation of such structure, improvement, fixture, equipment, or facility, Lessee will submit detailed plans and other appropriate information showing the location, design and character thereof to Lessor for approval.
- B. All approved improvements shall be constructed in a good and workmanlike manner and in accordance with all applicable governmental laws, codes, ordinances and regulations, and in accordance with the Airport’s Rules and Regulations and Policies. Any utilities brought to serve the site shall be properly permitted. Any such work shall be done solely at Lessee’s risk. All of Lessee’s contractors shall be required to carry liability insurance with such companies qualified to do business in Maine and in such amounts and against such risks as Lessor shall reasonably require and approve, naming Lessor as an additional insured. Notwithstanding anything to the contrary contained in this Lease, Lessor shall not be liable for and Lessee hereby releases, indemnifies and
- C. During the Term, Lessee shall retain title to the Building and other improvements constructed on the Premises pursuant to the terms and conditions of this Lease. Such title shall be transferable upon written approval from Lessor provided that Lessee is not in default of this Lease.
- 0. Lessee shall obtain written approval from Lessor prior to erecting, installing, displaying, inscribing, painting, or affixing any sign, lettering, or advertising media to, upon, or above the Building or the Premises.
- Articlevi.Lessorandlesseeobligated
- D. Airport Security. Lessee shall be responsible for the locking and securing of all gates adjacent to the buildings in which the Premises are located at all times with no exceptions. Any fines assessed against Airport or Lessor by the FAA, TSA, or other agency as a result of Lessee’sfailure to comply with the provisions of this paragraph or other intentional or negligent acts or omissions of Lessee’s employees or agents will be paid promptly to Airport by Lessee within thirty days (30) days of the date of Airport’s receipt of invoice from the FAA, TSA. or other agency.
- E. Lessor shall have no responsibility or liability to furnish any services to Lessee other than those specified in this Agreement, but Lessee may negotiate with Lessor for any additional services it may request and shall pay for such additional services Ike consideration so negotiated.
- F. If Lessee is not reasonably performing under the terms and conditions of this Agreement in a satisfactory manner the Airport Manager or representative, shall notiI5 the Lessee in writing of the items constituting unsatisfactory conditions and/or performance. If Lessee so requests, the Airport representative, shall confer with Lessee in an effort to eliminate listed items constituting unsatisfactory conditions and/or performance. If Lessee fails to correct, or to begin correction on a mutually agreeable schedule, the listed items within ten (10) days after receipt of such written notification (or within ten (10) days after said conference, if requested) the City Council may declare this lease suspended or terminated, subject to the right of a permitted mortgagee and the
- 6. The parties acknowledge that it is their intention that this Lease shall be an absolute net lease, so- called, and that except as otherwise expressly provided herein, Lessor shall not be required to furnish any services or facilities or to make any repairs or alterations in, about or to the Premises and Lessee shall assume full and sole responsibility for the condition, operation, repair. replacement, and maintenance of the Premises, including all buildings, and all other improvements located thereon and hereby waives any rights created by any law now or hereafter in force that would require Lessor to make repairs to the Premises. Pagc6oIl7 LANDLFASEAGREEMENI’ LeGasseySepticANDTOWNOFMILLINOCKET
- Articlevii.Generaltermsandconditions
- F. This Agreement shall be subordinate to the provisions of any existing or future agreement between the Lessor and the United States relative to the operation or maintenance of the Airport. the execution of which has been or may be required as acondition precedent to the expenditure of Federal funds for the development of the Airport. In the event the Lessor shall take any action and/or make any agreement under this paragraph voluntarily and not as aresult of any federal, state, or other authority in effect forcing Lessor to so act or agree, the result of which so substantially affects the nonnal operations of Lessee at the Airport that itbecomes economically or physically unfeasible or impractical
- Article
- Viii,
- F. If Lessor or Lessee shall default in the performance or observance of any covenant, condition or other provisions contained in this Lease to be perfonned or observed by aparty, the other party may, at its option, without waiving claims for breach of agreement, and after such written notice as may be specifically required or provided for herein, cure such default for the account of the defaulting party, and the defaulting party shall reimburse the other for the amount paid therefore and any reasonable expense or contractual liability so incurred, with interest. Lessor may collect any such amount as additional rent, and Lessee may deduct any such amount from rental payments next thereafter accruing.
- G. During the Term of this Agreement, it may become necessary to institute and carry forward extensive programs of construction, expansion, maintenance and repair on the Airport premises, including but not limited to the Leased Premises. Lessee recognizes that, during such times, itmay be inconvenienced and such programs may partially or fully impair Lessee’s use of the Airport. Lessor reserves the right to make any such improvements, as itdeems necessary to the Airport as itsees fit, regardless of the desires or view of Lessee, and without interference or hindrance. Lessee agrees that the Airport shall not be liable for such inconvenience or disruption, except for reasonable or proportional abatement
- H. Lessor shall be permitted access to the Premises to confirm compliance with the lease, airport rules and regulations, minimum standards, and any applicable ordinances, codes and statutes. Inspections shall be conducted at agreed upon times and with areasonable advance notice. Failure to permit the Lessor access to the Premises shall be construed as adefault in the terms of this agreement and may result in termination of the lease. Page Sof I 7
- Articleviii.Expirationortermination
- vi. if a receiver, guardian, conservator, trustee in bankruptcy or similar officer shall be appointed by a court of competent jurisdiction to take charge of all or any part of Lessee’s property; or
- vii. if Lessee files for relief under any applicable bankruptcy, insolvency or other debtor relief law; or
- viii. if a petition is filed against Lessee under any bankruptcy, insolvency or other debtor relief law and the same shall not be dismissed within sixty (60) days from the date upon which it is filed, (notwithstanding any license of any former breach ofcovenant or waiver of the benefit hereof or consent in a former instance); then, in any of such instances Lessor may lawfully, immediately and at any time thereafter, and without further notice or demand and without prejudice to any other remedies, enter into and upon the Premises or any part thereof, in the name of the whole, or provide or mail a notice of termination to Lessee, and upon such entry or the date specified in such notice, this Lease shall immediately
- F. Lessee shall have the right, upon thirty (30) days written notice to Lessor, to terminate or suspend this Agreement upon the happening of one or more of the following events, if said event or events shall then be continuing:
- Articleixenvironmental
- B. Lessee agrees, at its sole expense, to comply with all Environmental Laws affecting the Premises. Lessee shall not install any underground storage tanks on the Premises. Lessee shal I not discharge. release, store, create, use, move onto or remove from the Leased Premises any Hazardous Materials, except that Lessee may use small quantities of cleaning fluids,jet fuel, lube oil and other petroleum products, provided the same are used, stored and disposed of in strict compliance with all applicable Environmental Laws. Upon request of Lessor, Lessee shall provide Lessor with a material safety data sheet with respect to each Hazardous Material which Lessee utilizes on the Premises. If Lessor, in its sole judgment, reasonably believes, in good faith, that Lessee has caused the Premises or the
- C. No fuel or other combustible liquids or compounds shall be stored on the Premises without prior
Where this came from
Millinocket agenda page
The town's own agenda, 22 pages. The outline above is read from the first pages of that document; the packet behind it has the memos and exhibits. Links open in a new tab.
The town's own agenda, 22 pages. The outline above is read from the first pages of that document; the packet behind it has the memos and exhibits. Links open in a new tab.
The summary and transcript follow the meeting, once reviewed.