CARIBOU, Maine — Caribou city councilors unanimously voted April 22 to amend a contract for the Caribou Ecumenical Food Pantry to lease a 1,300 square foot area of space in the former Mecon building at 60 Access Highway. But they also held off final approval of the agreement while awaiting the fire marshal’s inspection of the building.
Councilors had previously voted five to two in favor of leasing the space for $1,300 a year with an additional $7,000 to fix plumbing issues. That initial lease also required the pantry to be responsible for utility costs above historic uses or any damages that might occur while the organization occupies the space.
On April 8, councilors voted to not have the pantry be responsible for any plumbing costs, but apparently there was still some question about other repairs that the organization might be required to cover.
Councilor Joan Theriault asked at the April 22 meeting about a line in the lease that reads: “Lessee shall be responsible for all maintenance and repairs necessary within the Premises [defined as the 1,300 space] and desired for Lessee’s use of the space.”
“To me,” she said, “it looks like you’re still saying they’re going to be responsible for all maintenance and repairs, which could be wear and tear or leaks. This is too broad for me.”
City Manager Dennis Marker said he could see how Theriault might read it that way, but added that “premises” is clearly defined as the “specific space they’re going to be in.”
“But if the ceiling falls down in that space,” said Theriault, “it sounds like you’re saying they’ll be responsible for those repairs. They shouldn’t be responsible for an ‘Act of God.’ To me, it sounds like they’re going to have to pay for everything that happens there, and that’s too broad as far as I’m concerned.”
Councilor Dave Martin asked Marker if, given the wording of that sentence, the roof hypothetically needed to be replaced, the city could charge the pantry with the percentage of the roof over their heads.
“It could be interpreted that way,” said Marker.
Martin then motioned to take out the sentence altogether, removing any ambiguity from the contract.
Councilor Thomas Ayer asked if the state fire marshal had gone through the building yet to determine if any other issues exist. Marker said that, as of that night, the city did not have a date for the marshal’s walk through of the building.
Ayer suggested waiting on the lease until the fire marshal completes an analysis of the building, in case the investigator finds additional issues that “open up another can of worms.”
Mayor Mark Goughan then read a prepared statement regarding the agreement, indicating that while he is in favor of leasing the building, its transition from a cold storage facility to a public use facility has led to numerous unknowns which may have a financial impact on the city
“I view the volunteers of the food pantry as assets to our community,” he said, “but I sit on this council applying the same requirements to all, friends and foes alike: What am I voting on, and what is the true and total cost?”
Martin, responding to Ayer’s comments, said he sees no problem with “having everything else ready and then waiting for the fire marshal.”
Councilor Jody Smith asked if the Caribou Ecumenical Food Pantry would be agreeing to this revised lease.
“At this point they are working through this and other options,” said Marker. “This is our offer for them to consider.”
“Are they open at all?” Theriault asked.
“They have nothing in the building right now,” Marker said.
All councilors unanimously voted to accept Martin’s amendment and again unanimously to accept the entire agreement as amended, but not formally make an offer until they see what the fire marshal’s inspection reveals.
