City of Biddeford, Maine

Policy Committee Meeting

Tuesday, April 14, 2009

Minutes

l. Roll Call – Meeting called to order at 7:03 p.m. by councilor David Flood. Present were: councilor David Flood, councilor Susan Deschambault, councilor Raymond Gagnon, member Matt Hight, and member Joan McDonald.

2. Pledge of Allegiance – The American Flag was honored through the Pledge of Allegiance.

3. Acceptance of Minutes: Motion by councilor Gagnon and seconded by member McDonald to accept the minutes of the March 9, 2009 meeting as printed.

Vote unanimous.

4. Discussion/Review: Chapter 46, Parks and Recreation/Sec 46.76.2 – Tobacco-Free Recreational Facilities

Recreation Director Carl Walsh explained the necessity for passage of this ordinance, as well as answered questions from the committee. Councilor Deschambault noted that the proposed ordinance section 46.76.1 already exists in the Code of Ordinances as Safe Zones. For this Order, the section number for this proposal was changed to 46.76.2 as captioned above. It was also noted that the subsections of the Order were duplicative and needed to reflect the proper sequencing. Chief Beaupre made the necessary corrections, and is reflected in the proposal. After discussion, member Hight made a motion to amend the Order by adding the words “city owned” under section 2 of Definitions. Motion was seconded by councilor Gagnon. Vote on the amendment was unanimous. Motion by member McDonald and seconded by councilor Gagnon, to further amend section c under the Enforcement section of the Order by including the words, “…or other person designated by the Recreation Director….” Motion on the amendment was unanimous. Motion by councilor Deschambault to approve the Order as amended and to submit it to the city council, recommending its adoption. Motion was seconded by councilor Gagnon. Vote unanimous.

5. Discussion/Review: Chapter 46, Parks and Recreation/Sec 46-77 – Rotary Park & Dog Park

Recreation Director Carl Walsh explained the proposal to the committee, and members of the public were solicited for comments and input.

Under committee discussion, councilor Deschambault raised concerns relative to liability, and suggested that this proposed ordinance be reviewed by the city attorney. She specifically questioned possible liability when Carl Walsh explained there would be no additional cost to the city a member in attendance, a Joe McKenney stated that he expects donations made to the Animal Welfare Society who will maintain funds for improvements and maintenance to the facility It is this kind of financial arrangement that councilor Deschambault wants the city attorney to review.

Additional concerns raised by committee members centered on issues relating to responsibility for maintenance of the facility, and the appearance that control of the dog park would fall under the authority of an entity other than the City of Biddeford.

Motion by councilor Deschambault and seconded by councilor Gagnon to accept the proposal and changes to section 46-77 subsection (6) et.seq and to recommend its approval by the city council. Vote: councilors Flood, Gagnon, Deschambault and member McDonald in favor. Member Hight voted against. Motion carries.

6. Discussion/Review: Chapter 46, Parks and Recreation/Sec 46-29 – Recreation Subcommittee on Dog Parks

Motion by councilor Deschambault and seconded by councilor Gagnon to accept the recommendation for the creation of a Recreation Subcommittee on Dog Parks.

Under discussion: Member Hight argued that city committees cannot create subsets of their own committees, and affirms that committees and commissions cannot create subcommittees without the authority of the Mayor. Councilor Flood countered with his belief that there appears to be no reason to prevent a committee or commission from creating an advisory committee to assist in different tasks.

Vote: None in favor, and committee was unanimous in its opposition. Motion fails.

7. Discussion/Review: Chapter 2, Administration/Sec 2-336 – Competitive Sealed Bidding

Motion by member Hight to amend the Code of Ordinances, Chapter 2, section 2-336 subsection (c ) and to forward to city council and recommend its adoption. Motion seconded by councilor Gagnon. Vote unanimous.

8. Discussion/Review: Local Circuit Breaker Program –

The committee took no action on this matter, and instead decided to have member Hight and Chief Beaupre work on specific ordinance language for the committee to review and discuss at a meeting in the future.

9. Discussion/Review of Policy Sub-Committee Review of the City’s Committees/Commissions/Boards - Continuation –

The committee took no action on this matter.

10. Other Business – None came before the committee

11. Adjournment – Motion by councilor Gagnon and seconded by member

Hight to adjourn at 8:31 p.m. Vote unanimous.