City of Biddeford, Maine
Policy Committee Meeting
Monday July 12, 2010
Minutes
l. Roll Call – Meeting was called to order at 7:00 p.m. by Policy Committee chair councilor Bob Mills. Other Policy Committee members present were: councilor David Bourque; and members Richard Rhames and Matt Hight. Excused was councilor Alfred Lamontagne.
2. Pledge of Allegiance – The American flag was honored through the Pledge of Allegiance.
3. Adjustments to the Agenda – No adjustments were made.
4. Acceptance of Minutes: Motion by member Rhames and seconded by councilor Bourque to accept the minutes of the June 14, 2010 and June 28, 2010 meetings as printed. Vote unanimous.
5. Discussion/Review: Ch. 2 – Administration, Add new section - Sec. 2-152 – Internet Access by Members during public meetings. After review of a letter submitted to the committee by IT Director Jerry Gerlach, and the City Hall Computer Committee; motion by member Hight and seconded by councilor Bourque to accept those recommendations, and to include them as part of the proposed ordinance as a amendment to that Order. Vote unanimous.
Motion by councilor Mills and seconded by councilor Bourque to grant internet access during meetings to member Hight. Vote unanimous.
6. Discussion: Bed Bug Ordinance –
The Chair read the following letter from the city’s Health Officer, Vicky Edgerly:
TO: Policy Committee
RE: Bedbugs and LD 1790
As requested, I contacted MMA to see if the City of Biddeford must adopt this law into policy in order for it to be effective. I spoke with Geoff Herman who said that I was correct in my assumption that the City does not have to mirror every law that is enacted. He also confirmed that persons seeking remedy due to a violation of this law would file a claim in Civil Court.
Councilor Mills will meet with Mayor Twomey to discuss this new state law, and get direction on how to proceed. No further action was taken by the committee.
7. Discussion: Addition of Chicken Zoning.
The committee reviewed three ordinance proposals from Codes Enforcement Officer Roby Fecteau. The proposal for the regulation of chickens is made an addition under Chapter 10 of the city ordinances, rather than by Land Use Regulation. From the review of proposals, a motion was made by member Hight to adopt the following proposal, and to submit this Order to the city council with a recommendation for approval. Motion was seconded by member Rhames. Vote was unanimous.
8. Discussion/Review: Ch. 6, Amusements, Add Article IV – Special Events.
Item was not heard, and moved to the August 9, 2010 committee meeting.
9. Discussion: Senior Citizen Work for Tax Program.
Motion by member Hight to table this matter to the November 2010 meeting of the Policy Committee. Motion seconded by member Rhames. Vote unanimous.
10. Discussion: Development of local PACE (property Assessed Clean Energy) Program.
It was suggested by member Rhames that a representative from Efficiency Maine be asked to make a presentation to the full city council during a meeting. No further action taken by the committee regarding this matter.
11. Proposed Adjustments to Boards & Commissions.
Committee Chair brought to the attention of the Policy Committee that the Recreation Commission desired to have a city council member as part of the Recreation Commission. Motion by member Hight to forward this request to the City Council to amend Chapter 46, section 46-26 (f) of the City Code of Ordinances by adding a city councilor to serve as a member of the Recreation Commission. Motion was seconded by councilor Bourque. Vote unanimous.
Motion by councilor Bourque and seconded by member Rhames to abolish the Cultural Affairs Commission due to its inactivity. After some discussion, councilor Bourque withdrew his motion, and member Rhames withdrew his second.
Motion by councilor Mills and seconded by member Hight to table this matter to the August 9, 2010 meeting of the Policy Committee with a consideration of possible merger of the Cultural Affairs Commission with the Historical Preservation Commission. Motion to table was unanimous.
12. Other Business.
Discussion/Review: Ch. 2 – Administration, Add new section - Division 6 – Property Tax Assistance.
This matter should have been made as a regular Agenda item due to its being sent back to the Policy Committee by the city council at its July 6, 2010 meeting, for further review and revisions by the committee. It was therefore taken up for consideration under Other Business.
The committee reviewed the Property Tax Assistance ordinance and made several changes to the proposal as amendments. Motion by member Hight and seconded by councilor Bourque to approve the Order as further amended and to submit this revised Order to the city council with a recommendation for approval. Vote unanimous.
12. Other Business (continued)
Member Hight informed the committee that the Planning Board had a Public Hearing on the matter of Recycling Operations on the Andrews Road, and that the Planning Board had submitted its recommendations to the City Council for its review.
Member Rhames stated that the city should create the position of Ombudsman to help citizens to interact with local and state governments.
13. Adjournment – Motion by councilor Bourque and seconded by member Rhames to adjourn at 8:58 p.m. Vote unanimous.
2010.47 IN BOARD OF CITY COUNCIL..MAY 18, 2010
BE IT ORDAINED, by the City Council of the City of Biddeford that the Code of Ordinances, Chapter 2, ADMINISTRATION, Article V Finance, amended by adding Division 6, Property Tax and Rent Refund, to read as follows:
Sec. 2-380. Purpose
The purpose of this Ordinance is to establish a program to provide property tax and rent refunds to eligible persons who reside in the City of Biddeford, and is based on their ability to pay. Under this program, the City of Biddeford will provide supplemental cash refund payments to those individuals who qualify as Biddeford resident beneficiaries under the State of Maine Residents Property Tax Program established pursuant to Chapter 907 of Title 36 of the Maine Revised Statutes and meet the criteria established by this Ordinance.
Sec. 2-381. Definitions
The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
Homestead, means a dwelling owned or rented by the person seeking tax assistance under this Ordinance or held in a revocable living trust for the benefit of that person. The dwelling must be occupied by that person and that person’s dependents as a home.
Qualifying applicant, means a person who is determined by the City Manager, after review of a completed application filed in accordance with Section 4 of this Ordinance, to be eligible for a refund payment under the terms of this Ordinance.
Sec. 2-382. Criteria for Participation
In order to participate in the Property Tax Assistance Program, an applicant shall demonstrate all of the following:
a. The applicant shall have a homestead in the City of Biddeford at the time of application and for the entire year prior to the date of application.
b. The applicant shall be a resident of the City of Biddeford.
c. The applicant has received a refund under the provisions of 36 M.R.S.A., Chapter 907
Sec. 2-383. Application and Payment Procedures
The application period for refunds of property tax assessed and rent paid during 2009 begins August 1, 2010 and ends May 31, 2011. (State Program)
Between January 1st and August 31st annually, residents may apply to the City Manager for a supplemental refund on forms provided by the City Manager. Each form must be accompanied by satisfactory evidence of eligibility and award by the State of Maine for the current program year, including a statement of the amount of the award and the basis (type) of such award. The City Manager will review and determine if the application is complete and accurate and if the applicant is otherwise eligible for a supplemental refund.
If the City Manager determines that the applicant is qualified for a supplemental refund under this program, he/she shall determine the total amount of such eligibility based on the formula hereinafter set forth.
The City Manager shall initiate payment of 50% of the total amount of the supplemental refund eligibility upon determination of such amount.
On or about September 15th annually, the City Manager shall determine the total amount of supplemental awards from all eligible Biddeford applicants. The City Manager will divide the aggregate refund amounts eligible by the total amount provided for supplemental refunds in the current year budget account established for this program (plus any supplemental appropriations, transfers, gifts, or balances from prior years in such account).
If the total balance of eligible refunds is less than or equal to the amount available in such budgetary account, then each eligible applicant shall be paid the full amount of his/her individual eligibility.
If the total balance of eligible refunds is greater than the amount of such budgetary account, then each eligible applicant shall be paid the amount their total individual eligibility, reduced by a pro-ration factor equal to the percentage calculated as available in the aggregate.
Sec. 2-384. Determination of eligibility and amount of eligibility
If the City Manger determines that the applicant is eligible to participate in the Program, he/she shall determine the total amount of such eligibility. Eligibility shall be the lesser of the following amounts:
a. 50% of the amount of the refund awarded by the State under M.R.S.A. 36, Chapter 907 (Maine Circuit Breaker Program); or
b. Available monies of the City Circuit Breaker fund.
The City Manger shall report to the City Council at its first meeting after April 15th of each year the projected payments and number of eligible applicants requesting assistance from the program fund.
Notwithstanding these eligibility standards, no person shall receive a supplemental refund for taxes or rent that exceeds 50% of the property taxes or rent constituting property taxes paid on a homestead; or, when added to the refund amount paid by the State, shall exceed 60% of the total tax or rent constituting property taxes paid on a homestead.
Sec. 2-385. Program Fund – Limitations upon payments
Payments under this Ordinance shall be conditioned upon the existence of sufficient funds in the Program Fund for the year in which participation is sought. If there are not sufficient funds in the Program Fund to pay all qualifying applicants under this Ordinance, payments shall be limited to the amounts available in the Fund. In the event that a lack of funding results in no payment or less than the full payment to a qualifying applicant, the request will not carry over to the next year.
Sec. 2-386. Creation of the Program Fund
The Program Fund from which payments shall be made under the terms of this Ordinance shall be created as follows:
As funds are available, the City Council shall make an appropriation from the general fund or other sources to support this program. Any surplus monies available after all payments have been made shall be deposited into the City’s undesignated fund balance on June 30th of each year.
Sec. 2-387 Timing of Payments
All payments under this Program shall be mailed no later than the next October 31st following the year in which participation is sought.
Sec. 2-388 Limitations upon payment
Only one qualifying applicant per household shall be entitled to payment under this Program each year. The right to file an application under this Ordinance is personal to the applicant and does not survive the applicant’s death, but the right may be exercised on behalf of an applicant by the applicant’s legal guardian or attorney-in-fact. If an applicant dies after having filed a timely complete application that results in a determination of qualification, the amount determined by the City Manager shall be disbursed to another member of the household as determined by the City Assessor or the City Manger. If the applicant was the only member of a household, then no payment shall be made under this Ordinance.
NOTE: This Order was unanimously approved by the Policy Committee at its May 10, 2010 meeting, with a recommendation for adoption; and was subsequently unanimously approved with Staff recommended revisions at its May 28, 2010 Special Meeting of the Policy Committee .
BE IT ORDAINED, by the City Council of the City of Biddeford that the Biddeford Code of Ordinances, Chapter 10, ANIMALS, ARTICLE III, Fowl and Poultry, be amended by adding sections to be numbered 10-55 to 10-62, which sections read as follows:
ARTICLE III. FOWL AND POULTRY
Sec. 10-55. Purpose.
The purpose of this article is to provide standards for the keeping of fowl and poultry within the identified residential growth areas of the City of Biddeford. This article is intended to reduce the potential for conflicts between neighbors that may arise if the keeping of fowl or poultry creates a nuisance. A nuisance may be created when the keeping of fowl and poultry is not done in a way that maintains the health, safety and welfare of the community. This includes, but is not limited to, noise, odor, unsanitary animal living conditions, unsanitary waste storage and removal, the attraction of rodents and parasites/insects, non-confined animals leaving the owner’s property.