Old Orchard Beach Council Rescinds Consent Agreement, Advances Lazy Days Liquor License

[0:11] Speaker A (unidentified): I'm Nick Buffett with your Spectrum News in 90. The Maine Public Utilities Commission is denying a temporary rate increase for central Maine power. The chair says the commission needs to be sure that no one is disputing the rate increase before allowing it. Ultimately, I think the three of us concluded that there really was so many issues in dispute in the case that it was really difficult to pinpoint a specific number that wasn't in dispute. dispute. The commission continues to discuss a possible permanent rate increase request by the utility. A final decision on that is expected sometime in April. The U.S. Supreme Court is deciding not to take up a case on whether electronic trackers can be required on federally permitted lobster fishing vessels. Supporters say it's necessary to follow declining lobster populations, while opponents say the trackers invade the rights of fishermen. Central Maine Medical Center in Lewiston is bringing back one of the 20 nurses they suspended or fired last month. That's according to the National Nurses Organizing Committee, which worked to unionize the nurses. Ninety-one percent of the nurses at CMMC voted to unionize, prompting several nurses, state lawmakers, and other supporters to rally outside the hospital. The hospital spokesman says the suspensions and firings were not related, though, to union activity. Now let's get a quick check of your weather on the one's forecast. [1:32] Speaker B (unidentified): Forecast. They're [1:42] Speaker C (unidentified): in for a cold night as those temperatures dip back down into the 30s under mostly clear skies and dry weather conditions. Something to watch out for early in the morning will be areas of frost, and with those winds that could cause dangerous wind chills, temperatures as low as the 20s and potentially even the teens far up in the mountains. If we take a look at your Wednesday forecast, we keep the dry weather going. There could be a couple of showers further off to the north throughout the day, but for us here in Portland, mostly dry with temperatures back up in the 60s. [2:17] Speaker D (unidentified): The state of New York declares a state of emergency as confirmed measle case. [2:21] Chair O'Neill: Nice to see you all. We welcome you to the regular Town Council meeting of Tuesday, October 6, 2026. We would ask you all to rise and join us in the pledge of a legislature. [2:50] Councilor Kelly: Yes, Councilor Kelly. Here. Councilor Reggie. Here. [2:55] Councilor Tuesignan: Councilor Tuesignan. Here. Vice Chair Blow. Here. And Chair O'Neill. Here. [3:01] Chair O'Neill: Council, at this point the chair needs to entertain a motion to add an emergency item discussion with action. Shall the town rescind the consent agreement approved by the town council on September 15, 2026 concerning the property located at 90 Union Avenue and that agenda item will be 9126. Is there a motion? Second? Thank you. Council, motion has been made in second. If there's no further discussion and none opposed, that motion will carry 5-0. Acknowledgements this evening. Council, any acknowledgments? Seeing none, good and welfare this evening. Comments from members of the public? Any items on the good and welfare? Good evening, sir, and welcome. Good evening, members [3:46] Peter Guidi: of the council. My name is Peter Guidi. I live at 50 West Grand Avenue. Just a few short weeks ago, this chamber considered a rent control ordinance that, in my view, was being foisted on the town by activists using the Citizens Initiative process. Now we see another effort involving some of the same people using the same legislative tool to advance proposals concerning fireworks. This raises a broader concern. Is the process intended to empower residents becoming a vehicle to organize groups' political objectives? That question deserves an open discussion. In a recent Facebook post, Guy Fontaine begins an appeal with Good Afternoon OOB Dems. He asks for gathering petitions and describes the weekly OOB fireworks as being conducted for profit without the regard to safety of our residents. That wording raises two questions. What evidence supports that accusation? And is this an effort principally about environmental protection or about building a political campaign around an environmental concern? If the concern is the safety of our beach and water, why direct this appeal to a partisan group rather to the wider community? The ocean does not distinguish between Democrats, Republicans and independents. Neither should a serious discussion about protecting it. That question takes on additional significance with Lori Gramlich running for town council. PFAS legislation has been a prominent part of her work in Augusta. She sponsored LD 1503, the legislation that established means program addressing intentionally added PFASes and products and has continued advocating for PFAS protections. The alignment is clear. Fontaine is raising forever chemicals with the Democratic audience, while a Democratic council candidate has an established legislative record on that very issue. That alignment does not establish coordination, and Fontaine's message does not name garbage, but it raises a fair question. Is a documented local environment problem driving this effort, or is an unproven concern being elevated into a political issue that reinforces a candidate's record? A genuine environmental concern and political benefit can coexist. The public deserves transparency on both. People have every right to organize within political groups, but when a proposal is presented as protecting everyone, it is fair to ask why outreach begins with a party affiliation, and whether residents are being invited to investigate a problem or recruited to advance a political agenda. His message describes testing for possible toxins and forever chemicals. Asking whether testing would be useful is reasonable. Declaring that a fireworks provider operates without regard of the safety of its residents goes much further. Possibility is not proof, and an accusation is not a finding. The Maine DEP acknowledges that fireworks contain pollutants, including certain metals. Its guidance on fireworks over water states that the amount of these potential contaminants is relatively slight in comparison to the volume of water. It also explains that aerial detonation allows wind to disperse pollutants with little falling directly onto the water. My question is, where is the data establishing that our fireworks are damaging Saco Bay? If there is evidence, present it. If there is uncertainty, explain it. If testing is warranted, propose a credible testing plan, but do not turn an unanswered question into a public accusation, or use concern about PFAS generally as proof of contamination from our particular fireworks displays. The political concern extends to the citizen initiative process itself. Fontaine discusses multiple petitions developed by Val Filbert. Separately, the rent stabilization citizens initial is scheduled for June 27. These efforts deserve scrutiny individually, along with scrutiny of the process through which the lasting changes are being adopted. In June of 25, only 367 ballots were cast in our school budget referendum. Low participation creates an opportunity for a well-organized group to exert influence far beyond its share of the community. Citizens initiatives should give residents a voice. My concern is they can also become a political tool, organize a committed constituency, advance the cereals, the series of proposals, and secure lasting changes when much of the town is absent. That possibility does not prove anybody's, anyone's motive. It does make motive, election timing, and public outreach legitimate questions. Are proponents seeking the broadest possible participation? Are they welcoming independent examination of their claims? Will they accept findings that do not support their preferred outcomes? And will all candidates, including Ms. Gramlich, help establish PFAS concerns from claims about local fireworks that still require evidence? I ask the Council to insist on transparent scheduling, clear petition language, accurate claims, and outreach to the entire community. Our ocean deserves protection. Our residents deserve the truth, and neither should become an instrument for partisan advantage. Thank you. Good [8:51] Guy Fontaine: evening, guy Fontaine. I wasn't gonna get up tonight, but due to Decision of mr. Goody or whatever his name is to spew Misfortune, miss lies, and other things, nothing was ever put on Facebook by me. There was, I did see that Petition and I agreed with it. I actually spoke to the council a while back about my concerns doing all my research on fireworks. With forever chemicals coming on our beach. This beach is our livelihood. We can't afford to have it polluted or anything else. Is it being, I have no idea. That's why I asked the council way back when, Let's do some testing to see whether or not we have a problem or we don't have a problem. Nothing in that petition that was written is anything about shutting down fireworks. All it is about is testing our beach, testing it in the spring, testing it midterm through the summer, and testing it at the end. That's what it asked for. I don't think that's too much to do, and I don't think we should, if there is a problem, we should hide our head in the sand. If there isn't a problem, then we have that information to say we don't have a problem, our beach is safe for the public, and I would think that all the counselors and all the people of Old Orchard would want just that, safe beach. That letter, that memo I sent out was an email. And it was an email to, I am the chair of the Old Orchard Beach Dems, so the only people I actually have are my friends and Old Orchard Beach Dems. I don't have an email list of Republicans. I don't have an email list of independents. So I did send it to the Democrats, not email. Somehow he got a hold of it and he's trying to make a Facebook post about it, but it wasn't on Facebook. So it was sent to the Democrats to say hey, there is a petition going around if you're interested in helping with it, because you want to help the town of Olucha Beach, you want to help the residents, then you can help out with this petition, sign it. If you don't, you're not interested or you don't care about the beach, then don't sign it. That's all that email to Democrats that I have contact with was about. It was about making note of a petition that's out there that's just asking to test our beach and to test our water to verify, because I, and I've done a lot of checking, I've done a lot of asking, I talked to Kim, I says Kim, and I've asked a lot of counselors, but they weren't sure. I asked him, she goes, I think our beaches are being tested. I'm like great. So I, you have a, you each have a copy of this letter on your desk that I received from the Department of Environmental Protection, and it does state the MB HB program does not provide testing for debris and pool of pollution that I imagine is being present after fireworks displays, as such metals as heavy metals and residentials. So what they told me, the Department of Human Services Healthy Beaches Program, Alex Ladder is her name, or his name, went back and said what we test is for bacteria only. Anything else needs to be done by the beach, and she even quotes there probably is problems present. So I've even given you each of that letter just for your information, and all a petition does, it goes to the council, the council calls for a hearing, and then they can say you know what, maybe this petition has merit and we're going to adopt it, or they'll say you know what, we're not sure, we're going to give it to the public, and then the public gets to vote, gets to decide whether or not something like that goes through as far as rent control, others I have no idea what those are about, but I do understand one of those petitions was signed by over 800 residents. So it certainly means there is interest. And I assume and I hope that all these petitions are based on trying to bring about problems and solve problems and help people and not, let's say, damaging in nature. You know, like I said, I wasn't gonna bring this up because this isn't political. I don't want to bring it up as politics. There should be no politics involved, and especially where we're getting near election, the last thing we want to do is create more hate and discontent or point fingers any particular counseling. That's not the intent. The intent on that email that I sent to friends that he got his hands on only was saying, hey, there's There's a petition out there, get in it, look at it, decide for yourself. There's information out there, or anybody can Google what effects the fireworks or anything else have. So we can't take that, because every area is unique, every area is different. Old Orchard may have a much better flow of water, maybe we have no problems. So nobody's asking to shut down fireworks. And as far as Lori Gremlich is trying to attack, all right, I'm going to end it up real quick. You remember you gave the other guy like 45 minutes the other week, but anyway, so I just want everybody to know that Lori Gremlich had nothing to do with the petition that Val Philbrick wrote, nothing. She didn't even know about it until she read that email put out by him. She had nothing to do with it. So don't make it politics. Exactly true. don't make this political. [14:33] Chair O'Neill: Thank you as well. And I'm gonna add to that, folks. I'm gonna caution members of the public that these chambers and this meeting is not gonna become a venue for the opportunity for back and forth or Facebook. I'll speak to the petitions. I respect the petitions, we respect the petitions. But what the petitions do is takes it out of our hands from this forum and goes right to the voters who are most times misinformed of what the topic really is. We can't and are not allowed to have a dialogue when a petition is passed. That's not fair to this council. If the citizens want to run the town they can, we have no issue with that. But it excludes 90% of you folks because of the petition that was signed and now being voted on with people being misinformed. Petitions are good when they use correctly, these petitions are not being used correctly, that needs to be examined as well. You know, I'll meet with the town clerk. We'll get some legal advice on that, but this is getting out of control. When government is taking away from government's hands, it's incorrect and inappropriate. And it needs to stop. This council has supported every and heard every voice. We've heard we want term limits, we've heard we want fireworks, we've heard all kinds of things. Nothing's come to us. It's all being misinformed and misrepresented in the wrong way. And it's appalling. To the acceptance of minutes. Accept the minutes from the 9-15-2026 council meeting. To our first public hearing this evening, welcome once again folks, and we promise to have you out here a little earlier tonight than we did last meeting. Good to see you all. Public hearing, shall the town consider the request from the Beechmont Homeowners Association to accept title and to accept and establish as town ways those developed portions of Neptune Road and Dolphin Avenue as depicted on the subdivision plan entitled Beechmont Subdivision dated August 23rd, 2012. Approved by the Town of Orchard Beach Planning Board on the and recorded in the York County Registry of Deeds Plan Book 358, pages 26 through 28, together with full with excuse me with all of the rights appertainent thereto and all the guardrails, curving, catch bases, street signs, stop signs, infrastructure situated in, on, or under said roadway, but specifically excluding any stormwater runoff systems outside of the right-of-way, all electrical systems, fixtures, lighting, electricity costs, sewer outside of the right of way, gas, trees, mailboxes, and the responsibility of snow removal from the sidewalks and around the mailboxes, common parking areas, all retaining walls, for all of which the grantor reserves and retains an easement for the installation, use, and maintenance thereof. Also specifically excluding sidewalks for which the grantee is granted a public easement over, but the maintenance of which remains the responsibility of the grantor. its successors and also accepting from the foregoing any water lines service laterals and public fire hydrants located in on or under dolphin Avenue and Neptune Road rights-of-way which are the property of Maine Water Company as described in the warranty deed from the beach one homeowners association in the town of Orchard Beach Maine data will be the date again the public hearing at 643 welcome as I described last meeting it's pretty much a formality when it gets to this point for us just Basically, what it is, we have a public hearing this evening, and then the next meeting we vote on it. We know you're all in favor of it, so that's why you're here. So thank you for that. Are there any comments from members? Done. We'll close the public hearing 644. once again thank you folks for being here public aiming for liquor licenses and approvals dirty seagull brewing company llc all the trees brewing company 32 east green avenue 30561 class a restaurant on premises beer wine and spirits we'll open the public hearing 644 comments from the public regarding this seeing none comments from council second motion has been made in second if there's no further discussion and then opposed motion will carry 5-0 close the public hearing at 645 next public hearing this evening, public hearing for business licenses and approvals. Gregory Damon, 45 Fern Avenue, 3 1 2 1 8, one year round short-term rental, no previous license. Ruth Garrison, Cameron, 165 East Green Avenue, number 5, 302, 675, one seasonal rental. Ryan Gordon, 1 Ocean Avenue, number 308, 316, 91308, one year round rental, no previous license. Ryan Harvey, 161 Sockville Avenue, number 404, 207, 213, 404, one year round rental, no previous license. Sean and Janina Nicholas, 5 Carleton Avenue, 309-5-4, one-year-round rental, no previous license. Sally Langering, 4 Pine Lane, 206-5-5, one-year-round short-term rental, no previous license. Old Orchard Brewing Company, Joe Russo, 32 East Green Avenue, 305-611, victuals with preparation and alcohol, sales license. We'll open the public hearing at 6.46. Comments from members of the public regarding any of these licenses? Please. Council? Motion has been made and seconded. If there's no further discussion, none opposed, motion carried, 5-0. Next public hearing this evening, public hearing special amusement permits and approvals. The Beachwood, as the Beachwood, 29 West Green Avenue, 30714, DJ, live entertainment, outside, Sunday through Saturday, 11 a.m. to 10 p.m., no change. Dirty Seagull Brewing Company, LLC, Old Orchard Beach Brewing, or Old Orchard Brewing Company, 32 East Green Avenue, 305-6-1, live music acoustic, inside and outside, Sunday through Saturday, 12 p.m. to 9 p.m. Last year, 12 p.m. to 8 p.m. Port Georgia, LLC, Lazy Days Restaurant, 4 First Street, Suite, number 101, 206-3119. music live music trivia open mic inside and outside Sunday through Saturday 2 p.m. to 11 p.m. last year was 3 p.m. to 11 p.m. did not do outside police did not sign off the public hearing on that at 647 comments from members of the public regarding this I guess I'll raise the question where we have the note that the police did not sign off is there a reason why that happened or did not happening is there some concern that we should be aware of regarding this evening [22:42] Chief: You're welcome, Chief. Good evening. There were several reasons why I didn't feel comfortable signing off on it. One of them was the liquor license for Lazy Days had expired on August 12th, and liquor enforcement had informed the owner on the 14th of the expired license. The owner, David Began, contacted liquor enforcement to start the renewal process on 8-28 and was advised at that time the health license with the state had also expired. Through August into September, several issues identified by code enforcement and fire inspectors remained unresolved as they attempted to work with the owner, David Began, to bring the business into compliance i believe that's something that code and faria can also speak of it was also identified cigarette smoking was taking place in the upstairs portion of the business with cigarettes having been extinguished in the kitchen bowls on 9928 zach hefferman from code enforcement emailed owner david Vegan advising once again that there was no active liquor license at the business until it was renewed on 9-26. On the same day, until it was renewed on 9-26, the same day a liquor enforcement inspector went into Lazy Day's restaurant, found that they were actively serving alcohol without a license after being told by code enforcement and liquor enforcement. This is documented administratively through liquor enforcement records and will be reviewed as part of any future renewal with the business. Yes. Right now I guess it does not have a liquor license right now, and I believe probably Zach could be a little bit more information on that. [24:45] Councilor: yeah it does not have a liquor license right now the state is waiting on council's decision and the state would also decide if they even want to grant it 's [25:35] Councilor Kelly: Not re all right, we have new mics, that's not required to be in effect [25:41] Councilor: To have a amusement permit, correct, am I correct on that? Yes, the state will decide at the end, but I, is the liquor license on this agenda as well? It was submitted to me or did it get pulled? Okay, that's a totally different subject. [26:02] Councilor Kelly: Though, right, so I'm not saying that they may not be issues with the other one, but this is different, correct? [26:14] Chair O'Neill: Yes. Okay, well, in regards to Zach's comments, yes. In regards to the chief's comments, no. That's all tied in together, as far as all the violations and concerns surrounding code. [26:25] Councilor Kelly: Yeah, but are we looking at suspending his license for operating period? Because that's what that would mean then. So if there's issues, in my mind, if there's issues with operating without a liquor license,, but he still has a license to operate, then why would we be denying the ability to have amusement? We're not talking about the liquor license right now, and we're not talking about removing his license. So from my perspective, and I'm not trying to diminish what has gone on or that issue, that's something that apparently we'll be talking about in a little bit, but to my perspective to deny a permit for amusement that's not related to the ongoing issue when he already has a license to operate yeah [27:16] Councilor: I see what you mean so the business license itself like serving food is still active [Chair O'Neill: Sorry.] And I'm Zack Heffernan from code enforcement so [27:36] Chief: I [27:43] Chair O'Neill: guess with all these questions is why is this by before us tonight that 's a major concern that I see it's all it's all tied together whether it's entertainment license it's it's still all one business and it's all one so if he's defunct in one area or many areas which he clearly is it's all really do we want to grant this knowing there's other problems or concerns in other areas that So with that being said, that's why I asked the question, has that license been before the Administrative Review Board as of yet? It has not. Okay. Very good. Have [28:38] John Gilbally: we tried working with the owner to see if these issues can be resolved before we [28:44] Councilor: get to the point of having to deny a license? So there was a list that was given of code violations that had to be corrected, and he did go through and correct those. He did correct them? Yes. If he hadn't, we wouldn't have put it on the agenda at all. Is [29:09] Chair O'Neill: there a second? I'll second that. Thank you, council. Motion has been made. Second. There's no further discussion. Opposed? Motion carried. Five-zero. And that, folks, brings us to our town manager's report this evening. Mr. Fletcher. Good evening. You [29:30] Councilor: Can hear me there with our new mic set up. I just switched it over to Fletcher. Fletcher report. In our wastewater department, David Jones, our wastewater operations manager, graduated. I graduated the main Joint Environmental Trading Coordinator Committee's Management Candidate School. The program is designed to prepare mid-level drinking water and waste water treatment personnel for career advancement opportunities in utility management. The curriculum includes personnel management, supervisory skills, labor relations, budgeting, and engineering basics. It is built around monthly classes and other assignments, including student presentations, job shadowing opportunities in completion of California State University Sacramento's Manage for Success Correspondence Course. This year's MCS graduating class was composed of 19 students from across the state of Maine, ranging from York to Bar Harbor. Over 250 environmental professionals have graduated from the program since its inception in 2009, many of whom now run wastewater and drinking water facilities in the state. If you notice the voting receptacles in the back there, absentee voting is live right now. Ballots are in. Voting is available during town hall operating hours here upstairs in the council chambers, as well as Saturday, October 17th and Saturday, October 24th from 8 to 4 p.m. Voting day is Tuesday 11. Election day, I should say, is Tuesday, November 3rd, and at the next town council meeting we will be canceling the town council meeting scheduled for the third. Thing paving is continuing work on paving projects in town. They'll be looking at Casco Avenue next. Looking ahead at our upcoming meetings and events, Thursday, this Thursday, October 8th, we have a planning board meeting at 6 30 p.m. This Sunday, October 11th, the Tony Myatt 10K run on the beach is from 9 a.m. to 1 p.m. Please watch for runners on East Grand Avenue. They start at the pier, go down the beach, and come back on East Grand. So keep an eye out for that. Just a reminder, Town Hall will be closed this Monday, upcoming Monday, October 12th, for Indigenous Peoples Day. And Halloween is right around the corner, which means the Firehouse Halloween Party and the OOB Recreation Trunk Retreat is coming up. Save the date, October 31st, 6 p.m. to 8 p.m. at the ballpark. We are looking for vehicles for this year's event. If you're interested, go to OOBRec.com. We're also looking for candy donations, and they can be dropped off at the mall. [32:24] Chair O'Neill: Two new businesses this evening. Agenda item number 9112, Discussion with Action. To approve the quote from AAA Police Supply in the amount of $14,832 for the purchase of ammunition, simunitions, and target supplies for the police department from account number two zero one three one five zero five zero one police operating supplies and equipment with a balance of sixty four thousand fifty three dollars and ninety three cents so she [33:11] Councilor Kelly: could publicly address them [33:15] Chief: there's been some questions about the amount of ammo that we order and I just wanted to try to clarify some of the reasons that we order the amount of ammo that we order the prices have gone up as everything has gone up i did a comparison for the last two years on some of the things that we've purchased and the amount that they've gone up so i do have some documentation on that the other thing is i don't know if people realize that we qualify twice a year during the we have qualifications in the spring we have qualifications in the fall and we also have night shooting, which is what we're actually doing this week. So we have three different dates that we do qualifications. We also hire many reserve officers, not as many as we used to, but we still have reserve officers that we have to train at the beginning of the season, and there are many rounds because most of these people who come in as reserves are young people who are just either in college or getting out of college and have never even handled a weapon before. so therefore it does take more rounds with people who have never handled a firearm before I do have a breakdown of how many rounds it takes for each officer I don't know if you want me to go through the nitty-gritty on each particular what it what it consists of for each officer and how many rounds that we have to do but we do shoot off our duty ammo we are issued duty ammo once a year which is obviously the most expensive ammo that we purchased and we do that because being in not only a beach community but carrying rounds for a year exposed to the weather exposed to especially for us the salt there it there is a potential that the ammo could be damaged so we shoot that off and we replace it yearly with new ammo I'm not quite sure if there's anything else I could answer for you that you may have questions on But I do have a breakdown of what everybody gets issued we're not stockpiling ammo we have what we need and To make sure that everybody is proficient so that we don't have to Worry about their confidence out there or their abilities while they're out there, which is the most important thing. [35:46] Councilor Kelly: Through the chair, the only a couple of questions that I was approached with was the first of all, I do want to address that this was already in the 6.7 budget process, so it was, and it actually states it here. The question was that three prices on it, and it states right here that the pricing is government contract pricing, therefore making this a proprietary event. [36:20] Chief: We use the regional distribution, the distributor that we use is a regional distributor. So if we have to go outside of our regional distributor, it would cost us more in shipping. [36:50] Chair O'Neill: Agenda item number 9113, discussion with action. To approve the quote from Jackson Tree Service in the amount of $6500 for the removal of five hazardous trees along Ross Road from account number 2015150511, Public Works Grounds Maintenance and improvements with a balance of ninety one thousand nine hundred nineteen dollars and forty nine eighty second and opposed that motion will carry five zero agenda item number nine one four discussion with action to approve the quote from New England Clintonworth in the amount of eight thousand eight hundred sixty three dollars and twenty one cents and the quote from Thermal King Northeast in the amount of eight thousand eight hundred eighty five dollars for a total of seventeen thousand seven hundred thirteen dollars and twenty one cents for repair parts for truck 16 from account number two zero one five one five zero four six two Public Works Vehicle Maintenance with a balance of twenty thousand dollars folks during the preventive maintenance service and state inspections on the truck 16 Public Works found several areas that need to be addressed and corrected to operate the truck safely through the Jared chair I'd just [38:17] Councilor Kelly: like to comment real quick I actually had a nice conversation with director Pinkham in regards to his ability now to have this stuff inspected at the level that it should be with the new help that he has through maintenance to be on top of this so that this is taken care of before more damage is done to these trucks and actually get in front of it so that this stuff doesn't happen in the future. I commend them for that. Well said. Is there a motion to approve? Make a motion to accept. Second. [38:48] Chair O'Neill: Motion has been made and second. There's no further discussion. And unopposed that motion carried 4-0 agenda item number nine one five discussion with action to approve the bid from Morton salt for the purchase of winter roadway salt a $84.77 per ton from account number two zero one five one five zero five one five public works road salt expense with a balance of $95,000 second Council motion has been made in second There's no further discussion And then oppose that motion carried 4-0 agenda item number nine one six discussion with action to approve the quote from Coastal Fence for the installation of 126 feet of commercial black aluminum fence at the town hall retaining wall, an amount of eight thousand nine hundred dollars from account two zero one five zero four five zero, town hall building repair and maintenance, for the balance of sixteen thousand five hundred fifty seven dollars twenty nine cents, and that is to be replacing the fence in the rear of the parking lot. Motion has been made in second. If there's no further discussion, and then opposed motion carries five zero so folks we have a new microphone system as you see well we have a little red button the button is supposed to be pressed when we need to talk so it's like family playing flaming food here when we have to you can actually do like that 's why we're kind of smiling a little bit when we need to [40:21] Councilor Kelly: try to remember to press the button. If you want, you can do like I did and put it on the opposite [40:25] Chair O'Neill: side because it's too hard to remember. Agenda item number 917, discussion with action to approve the quote from Xylem Water Solutions USA Inc for the purchase of a F-L-Y-G-T RAS, R-A-S pump, in the amount of twenty four thousand seven hundred five dollars and five cents from account number three zero one eight one five zero five one, sewer reserve operating equipment expense, with a balance of forty five thousand six hundred fifty dollars. This pump is one of two dedicated to return activated sludge, RAS, pumps used to return activated sludge to the treatment process and maintain the proper biological balance within the system. Is there a motion? Motion to approve. Is there a second? Just a quick question, is this in the budget or is this an emergency item that just happened and we need to, thank you very much for that. Motion has been made in second. If there's no further discussion, I'm going to oppose. Motion to carry, 4-0. Agenda item number 9-1-1-8, discussion with action, to approve the quote from Cunningham Security Systems for the purchase and installation of the new town hall fire alarm control panel in the amount of $12,174.12 from account number 5-1-0-0-2-5-0-8-4-2, CIP town hall improvements expense with a balance of $366,802.50. Town hall fire alarm panel was identified as nearing its end of life cycle and no longer being able to be repaired. Cunningham security services and monitors our town hall system now along with the historical museum police station firing monitoring systems so we kept up is there a motion council has it made a second this [42:26] Councilor: was brought up in the budget you [42:32] Chair O'Neill: made a second if there's no further discussion and unopposed that motion also carried 4-0 agenda item number 9-1-1-9 discussion with action the September 10th and 11th 2027 chamber of commerce car show was approved on March 4th 2025. There is a request to move the date of the September 17th and 18th 2027 not to conflict with New England Parkinson's ride second council motion hasn't made a second there's no further discussion and unopposed motion carries 4-0 agenda item number 9-1-2-0 discussion with action to set the public hearing date of October 20th 2026 to amend the code of ordinances chapter 54 for traffic and vehicles section 5 4 1 8 7 restrictions and prohibitions adding a weight restriction to Miles Avenue extension Through the chair please I would like to clarify that [43:29] Councilor Kelly: When I went over this with interim town manager Flurry that Miles Avenue extension is technically listed as from Portland Avenue to Cascade Road this is intended to be from Portland Avenue down Miles Road to the dead end which would be a technically going down Portland Avenue on the right so I'd like to make a motion to I think I would do it to revise but do we have to oh I'm sorry it's public Karen okay all right good thank you so again then so the public understands it's the opposite side Across from Landry's market so no so no so no heavy equipment will now pull on to Miles Avenue got back out motion set public hearing date so moved we [44:38] Chair O'Neill: Made a second. There's no further discussion. None opposed. That motion carries 5-0. But did not ever number 9 1 2 1 discussion with action to approve the special event permit for the community friendly connection to hold a fall festival on Saturday September 25th 2027 from 10 a.m. to 2 p.m. Set up starting September 24th at noon. Take down by 4 p.m. This includes closure of First Street from Staple Street to East Street beginning at 2 a.m. On Saturday September 25th 2027 until end of the event September 26th 2026 event was canceled due to weather. Thank you council. Motion has been made in second. And none opposed. That motion carries 5-0. Agenda item number 9 1 2 discussion with action to approve the special event Permit for peer leasing to hold jeep fast on the street and in the square on Saturday, September 11 2027 from 9 a.m To 6 p.m. Including set up and takedown the square in the water street from Sokol Avenue to Milligan first Street first streets to be closed during the event on a larger street. There must be a 20-foot fire laying down the center of a large street for fire apparatus. Applicant is required to have the oldest beach police and fire assist and traffic control and required to meet with fire police at least two weeks prior to the event insurance listening to town as additional insured to provide to town clerk's office at least two weeks prior to the event. Is there a motion second for a quick discussion please. There was a slight issue you [46:10] Councilor Kelly: You know, a slight issue with the event, which was a great event, the end time. Are we okay now with 6 p.m.? I mean, I remember that the street was still closed off, and there was only like three Jeeps on it. And I just want to make sure we're not extending the closure time further than what we need to and having the road closed. [46:34] Chief: I think right now he just wanted to lock in the time and reevaluate as we get closer. I know that there was an issue with people leaving and things are the way it was set up this year it being the first year being a trial. I don't think that they understood the whole concept of making sure that the closing time or the leaving time is when everybody leaves and that we don't have people leaving periodically so that's one of the things that we've talked about they understand that so they did want to just re-evaluate as we get closer. We are going to meet prior to make sure that we don't have the issues that we had this time. [47:24] Chair O'Neill: Agenda item number nine one two three, discussion with action to set the public hearing date of October 20th 2026 for the town to consider the ordinance of amendments chapter 18 licensing article 12 adult use marijuana business license to add section 18 606 definitions for transfer and transferee, add sections 18 611 subsection 3 defining selection criteria for a transfer and adding sections 1 8 6 1 7 transfer procedures. These are the amendments to find the transfer process for adult use marijuana business. So move second. Thank you. Council motion has been made in second. If there's no further discussion and unopposed that motion will carry five zero. Agenda item number nine one two four discussion with action to renew liquor licenses for the Beechwood 29 West Green Avenue 30714 hotel food optional on-premise beer wine and spirits. Is there a motion? Second. Thank you. Motion has been made [Councilor Tuesignan: in second if] there's no further discussion and unopposed that motion will carry five zero. Agenda item number nine one two five discussion with action to renew the liquor license for Port Georgia LLC Lazy Days Restaurant for First Street suite number 101 206 3119 class A restaurant on the premise beer wine and spirits. Police did not sign off on the approval. Good evening chief. Good [49:00] John Gilbally: Good evening. John Gilbally. I have one outstanding concern. There is no heat. They had an electrical problem this winter and we found that they were using space heaters, propane fed. So they were told to discontinue. And as I understand it, there is still not a heating system. And we just want to make sure that they're not using space heaters to heat that building. [49:23] Councilor Kelly: Through the chair please I understand that and I don't disagree, but wouldn't that be underneath a different that would be for their operating? So [49:43] Chair O'Neill: all concerns were brought forward to see if we need to be followed up on please. Through the chair please can [50:12] Councilor Kelly: we issue? Is it am I right the state hasn't issued the license? So, [50:25] Chair O'Neill: I met with staff last week on this, and my understanding is the state liquor inspector was involved, as the police chief said earlier, and will not act and would not, we would not issue or he would not recognize a temporary license issued by the town until council acted on this. So he wants council to give a disapproval or approval before he takes his, makes his decision whether he's going to grant the license or not. That's where this lies, so the state liquor inspector is waiting for our action. If we approve it, 's in his court to either approve it or disapprove it. [51:14] Councilor Tuesignan: It's causing this contention at the moment for the council to have to make a decision when people don't want to sign off. [51:22] Councilor: The heating issue is one thing. Another thing that I found out today is the fire alarm panel, it is active, but it hasn't been inspected in two years. And they have been reaching out to the owner to get that inspected, but I've not heard back. But again, you guys will decide, and then we go into the system tomorrow morning and click approve or deny. And if it's, if it's approved, the state still has to approve or deny. So the fire alarm system was active when we were there, but the fire inspector Patrick got a call today, and they told him that they've been reaching out to the owner to inspect it because it has not been inspected in two years. So it was not on the original list to get done, so again, and I'm not trying to say these [52:12] Councilor Kelly: issues are not important, but it does, this reflect upon whether or not we issue a liquor license, is my question and concern. Is there a reason to deny the liquor license? I realize it needs to have heat, that's the operating license, the panel, the operating license, the liquor license file. Is there a reason why the police department didn't sign off on it that we need to know about? [52:40] Councilor: So I think part of that would be because they were serving without a liquor license after [52:45] Councilor Kelly: being warned. Correct. Okay. So has that, I believe that goes back to what Chair O'Neill had mentioned, that was brought in front of the Administrative Review Board? I mean, is this a one-time occurrence and there's been no other issues? Or are we asked to deny it because of that? I mean, I'm not trying to downplay any of it. I just need to understand where I need to go. [53:13] Councilor: So because the liquor license was expired and we knew that it would be coming in front of town council soon, I think that's why our review board wasn't done, because the liquor license for this year was about to be decided on. So prior to the [53:27] Chair O'Neill: inefficiencies that were identified, there were no other instances liquor-wise why we should deny a liquor license, correct? Through [53:37] Councilor: The Chair, if I may, on the liquor license application, it does ask on there if the, and this is filled out by the applicant, do you have a license from the Office of the State Fire Marshal? Yes or no. It also asks do you have a valid and current health license issued by the main department of health and human services or the department of agriculture? So it does, it does all fall back to the liquor life. [54:10] Chief: With all of the things that had come about, that's the reason I didn't sign off. I was not comfortable signing off. It was clear that there was no liquor license. It's clear that they were not supposed to be serving. And all of these other things have been brought up and we're not taking care of. I was also told and I believe that Zach, can you know, as far as the active fire alarm monitoring, excessive trash within the business, exit signs weren't functioning and the overhead and the overdue hood cleaning, those are all, I mean, it's just an accumulation of things that haven't been taken care of as well as liquor violations. I have, we have not had reports, we have. Not responded, there is a police department, no, we have not, to make that clear, nobody has reported anything to us directly for us to investigate conditional. [55:15] Councilor: License, I just want to finish my, you know, we're up here making a decision on again someone that was my neighbor, and obviously we all know him, but we're not up here to bail someone out for a deficiency. That's, I think, where I'm having a little bit of trouble here where I don't want to sit here and listen to all the things that are wrong. And then I say, look, oh, it's – without having some guardrails in place to say, hey, if this happens again, then council. [56:02] Chair O'Neill: Blows correctly with you. It all falls back to the business license itself. Right. All these identifications are made by several departments, and none of them are corrected, and the business license gets pulled. Correct. [56:13] Councilor Kelly: That's nice. And through the Chair, that's exactly where I'm at. I'm trying to separate what each individual license requirements are and I don't disagree he shouldn't have been serving alcohol without a license, but if that's not, I mean, you can also take the whole picture. No, you can't. Well, no, because they're separate licenses or requirements. You can't deny a license for something that's not, that he's not deficient in. You can deny a license to operate his business license so because he hasn't meant that's. Something that needs to come in front of us, that would be something that needs to come in front of us. If those issues aren't being addressed, then his business license would come in front of us or the review board, and then that would be adjusted. I addressed that. I don't disagree with the deficiencies that need to be corrected, but I have to take, again, took the amusement license and now the liquor license we [57:13] Councilor: haven't heard from them. Why did all these things happen, actually? [57:25] Chair O'Neill: Can you come up so and let me, while he's approaching the podium, folks, just to help folks understand, so council acts on liquor licenses. The town does not issue liquor licenses. The liquor licenses are issued by the state of Maine in Augusta. So all they do is take our recommendations. If we see or there are red flags at the town level, then the state will come in and do a further examination of the premises and they should grant the license, but they, the state actually holds all the liquor licenses. The town does not. I want to clarify that so people, well, [58:05] Speaker D (unidentified): the question I think you asked was on the deficiencies. They were all addressed and all corrected and they signed off on it. In terms of the overlap on the sales, yes, I walked out of this building being told one thing and didn't turn out to pan out, so yeah, we got caught in the middle of a cross communication thing there, and my fault, there's no excuse for that, but just, but they tend to believe people when they tell me something's all set. I believe it's all set, so that's behind. [58:45] Councilor: That doesn't really sound like there is. It's just, again, it's your first year and figuring stuff out. Yes, that's correct. [59:01] John Gilbally: David, are you staying open all winter? Is that the- Trying to, yes. Plan to stay open all winter? Yes. Yes. The [59:16] Councilor Tuesignan: state doesn't want to move forward until the town moves forward. So the town tonight could move forward with a conditional approval that all these things, whatever they are, get straightened out, okay? And that helps the state at least know that we intend on moving forward with the business license. They have to figure out whatever these issues are, okay, because there's a fire panel, get into all of that, and conditionally, so that the state of Maine knows that we intend on giving him his license to [1:00:25] Chair O'Neill: me it goes to the business license, not the liquor license. I don't want money, the waters at the state level. If we approve the liquor license at our level, the state will weigh the decision on what we're actually doing. [1:00:37] Councilor Tuesignan: Aren't we only approving the business license? [1:00:38] Chair O'Neill: No, this is the liquor license. All we're doing is the liquor license. It's all we're doing. So I would ask staff if the deficiencies aren't corrected in the timely manner, if the license can be brought back to full council, rather than review, excuse me, the administrative review board, so we can act on it. Let's get the review board process. The [1:01:02] Councilor Tuesignan: condition could be on the business license, Senator, but that's not gonna do it. That's exactly right. correct that these deficiencies need to be straightened out before he can open up or whatever he already has a business license so his business relations right now technically probably shouldn't [1:01:23] Councilor Kelly: be that's not through the chair that's not in front of us i request that we get back [1:01:28] Chair O'Neill: to the subject which is the liquor license right yeah it's becoming it doesn't really need to [1:01:35] Councilor Tuesignan: become very convoluted as to what we're actually here talking about and what our role is in without dragging the council until we're at that stage right now and get to my is that where i'm at correct okay thank you second [1:02:07] Chair O'Neill: motion has been made in a second to approve agenda item number nine one two five there's no discussion and then opposed that motion carry five zero emergency agenda item number nine one two six discussion with action shall the town rescind the consent agreement approved by the town council on september 15 2026 concerning the property located at 91 Avenue. Is there a motion? Motion to approve. Is there a second? You made a second. Hope to have a discussion. And then opposed. And that motion will carry 5-0. And that, folks, brings us to adjournment this evening. Thank you for your time. Attendance, thank you for viewing at home. You've been a couple of weeks. Be safe and be well. [1:03:14] Councilor: People who are unvaccinated, not by choice, but they can be either immunocompromised, [1:03:19] Speaker B (unidentified): medically fragile. Measles was declared eliminated in the U.S. in 2000. And from 2000 to 2024, CDC data shows an average of just 180 measles cases per year nationwide. But the disease started to make a resurgence last year with a major outbreak in Texas and another in South Carolina that was declared over in April. So far this year, there have been almost 3,900 cases across the country. [1:03:43] Speaker A (unidentified): When your vaccination rate falls below 95%, those are the communities that are most vulnerable. [1:03:48] Peter Guidi: And that's what we're seeing in Pennsylvania. [1:03:49] Speaker B (unidentified): According to this map from the CDC, the green states are the only ones with at least a 95% vaccination rate needed for herd immunity. [1:03:56] Chief: So 12 to 15 months is your first dose, and then you get a booster shot when you're like 4 to 6 years old. [1:04:03] Speaker B (unidentified): Doctors say the MMR vaccine provides 97% protection, and while you could still get sick, you're much less likely to end up in the hospital. In November, international health officials will meet to determine if the US and Mexico have lost their measles-free status. No other state has reported more than 1,000 measles cases in 35 years, when New York City alone confirmed 2,000 cases back in 1991. The [1:04:35] Speaker A (unidentified): term election now four weeks away. [1:04:37] Speaker C (unidentified): The battle for control of Congress has grabbed the spotlight. But as our Evan Kozloff reports, there's also a surprising number of competitive races for governor across the country. [1:04:48] Guy Fontaine: The campaign ads are everywhere as candidates at every level begin their final push to Election Day. [1:04:54] Speaker A (unidentified): In voters, at least 12 states face tight races for governor. [1:04:57] Peter Guidi: Most of the laws that affect people's lives on a daily basis are state-level laws. [1:05:02] Speaker C (unidentified): That's why they should pay attention. [1:05:03] Speaker A (unidentified): The Cook Political Report has labeled four governor's races as lean Democrat and three...