City of Biddeford, Maine

Policy Committee Meeting

February 9, 2004 @ 7:00 P.M.

(Council Chambers – Taped)

MINUTES

Item 1: Roll Call

Chair Councilor Phillippe Dumont called the meeting to order at 7:05 p.m. with Councilors Wayne McBrearity and James Murphy, along with members Susan Deschambault and Joan McDonald. Also present was City Manager Edward Clifford, Human Resource Director Jim Berger, Code Enforcement Officer Tim Nelson, Recreation Director Rick Towle, City Clerk Clairma Matherme, Police Chief Roger Beaupre, GIS Coordinator Greg Copeland, City Councilor Manakis, City Councilor Lamontagne.

Item 2: Acceptance of Minutes: Tabled. Minutes of January not available. Will review/accept at March 8, 2004 meeting.

Item 3: Discussion/Review: Beach Permit Ordinance

City Clerk Clairma Matherne and Parks /Recreation Director Rick Towle explained the proposal to offer 1 to 3 day beach passes to non-residents in addition to all season resident and non-resident stickers. Non-residents can park at beaches after noon. The additional revenue would go into the dedicated fund to improve beach parks and would allow a convenience to visitors. After discussion it was agreed to table this matter, giving the Committee time to review the written language. The City Clerk can order season stickers and if approved, can also order day stickers. The City Clerk will come back to the Policy Committee Meeting in March with proposed language to change the fee structure.

Item 4: Discussion/Review: Shellfish Ordinance

The proposed revisions to the Shellfish Ordinance 74-105 had been sent back to Policy Committee by the City Council after a resident spoke in opposition. Ms. Deschambeault stated that she thought the Committee did a good job dissecting the proposed changes and that the Shellfish Commission provided a very professional, detailed explanation. The Policy Committee voted unanimously to support it and unless other members have changed their minds, she recommended sending it back to City Council as is. There was discussion about whether the $10 fee for people 65-70 was necessary. Mr. Dumont stated he was against it.

Resident Jeff Lumbury, a commercial clammer, noted that he sees many elderly people clamming who are in good health and shape. He states they can dig a lot of clams. He does not think the fee would make a difference to them. Mr. Murphy noted that the fee structure is the same as hunting permits. Also, we can charge non-residents twice as much as residents, therefore, if the fee for residents is zero, there would be no fee for non-residents.

Mr. McBrearity asked Chairman of the Shellfish Commission Blanchard if he had received any calls in opposition to the proposed changes after the Council Meeting. He reported that he only received one phone call and that call was in support.

Mr. McBrearity asked Mr. Blanchard to clarify who owns the flats. Mr. Blanchard reported that the clam flats are a State owned resource. The State allows towns to manage them however they set the rules. Mr. Dumont said he reviewed the proposed amendments and the conservation provisions are not mandatory. It’s a person’s choice if they want to participate and receive the benefits.

MOTION: Ms. Deschambeault moved to move the proposed amendment forward to the City Council with the same language, noting that the Policy Committee had reviewed it again. Mr. McBrearity seconded the motion. The motion passed unanimously.

Item 5: Discussion/Review: Attachment A- Fees and Charges

GIS Coordinator Greg Copeland explained that the City could now offer full color GIS maps. The proposed amendment establishes feels for these maps. The Committee noted agreement with the fee structure, however there was discussion about whether it was a good precedent to dedicate this revenue to the department.

MOTION: Mr. Murphy moved to have the proposal accepted as written. Mr. McBrearity seconded the motion. The motion was passed unanimously.

Item 6: Discussion/Review: Mechanics Park Rules

Parks & Recreation Director Towle explained the necessity to establish rules at the park to assist police officers in ensuring order there (discouraging loitering, vandalism, damage from skateboarding, etc.) There was discussion on the need for a separate set of rules for the park. Chief Beaupre noted that his review of skateboard ordinance 42-6 shows the park in the prohibited area. Discussion continued regarding possible location of another skateboard facility in downtown. After discussion it was recommended that the Recreation Commission look at revamping all park rules for consistency of language. In the meantime, the Police Department would have “No Skateboarding” signs installed.

Item 7: Update/Review: Licensing of Cabs, et al

Resident Brian Pooler outlined his reasons for requesting this ordinance. The Policy Committee had tabled it in August until now. Ms. Deschambeault recommended tabling this until the next meeting and to notify affected business owners. Resident Mark Desrossier had also indicated interest in this topic and should be notified.

MOTION: Ms. Deschambeault moved to table this until the March meeting. Ms. McDonald seconded the motion. The motion passed unanimously.

Item 8: Update/Review- Smoking Policy

Members of the Personnel Committee Councilors Manikas and Lamontagne had been invited to attend the meeting to discuss the employee smoking policy. Director of Human Resources, Jim Berger was also in attendance. The City Council referred the initial order from Policy Committee to the Personnel Committee to review. Ms. Deschambeault outlined the series of events:

Sept 8th Policy approves the Smoking Policy 4-0

Sept 24th Teamsters sent a letter claiming it would constitute a change in work rules.

Oct 7th The Council sent it to the Personnel Committee to review.

Both the Policy and the Personnel Committees versions are in agreement to prohibit smoking in vehicles. There was discussion regarding the designation of official “smoking areas”, union work rules, etc. however.

Jim Berger reviewed the legal statutes pertaining to smoking in the workplace and public buildings. This will be a topic of negotiation with the Union who may file a grievance if it is enacted.

After discussion, motion withdrawn to include language that would permit smoking in officially designated areas (i.e. the Public Works facility).

MOTION: Ms. McDonald moved to send this proposed Smoking Policy back to the City Council as originally drafted. Mr. Murphy seconded the motion. The motion passed unanimously.

Item 9: Building Code- Chapter 18

Code Enforcement Officer Tim Nelson discussed amendments to the Building Code to update it to IBC- International Building Code (formerly B.O.C.A.). He is working in conjunction with his counterpart in Saco.

Mr. Clifford handed out a list of residents interested in an Ad Hoc Committee to look into revised Rental Permit Fees. Mr. Nelson stated that after the November 20, 2003 Policy Committee meeting with landlords, he was withdrawing proposed charges to rental permit and inspection fees section. Mr. Nelson noted that the existing ordinances should suffice and that the proposal was very unpopular. The Committee was in agreement. The Committee requested the City Manager write the individuals who expressed interest in serving on the Ad Hoc Committee to advise them that the proposed ordinance has been withdrawn.

MOTION: Ms. Deschambeault moved to table review of Section 18-1-21 to April meeting. Mr. Murphy seconded the motion. The motion passed unanimously.

Item 10: Licensing Chapter 22- Second Hand Business

This proposed change in licensing was returned to the Committee by the City Council. Licensing was the final aspect to be addressed by the second hand business moratorium that expired Feb. 5, 2004. Ms. Deschambeault explained that the Council felt the need to restrict second hand businesses. New Ordinances and Regulations exist now, however, that can avoid Junk stores- signage display regulations etc. Since the ordinances have been tightened, is there a need for this change? The proposed amendments would require the stores selling “antiques” to pay the same fee as “second hand businesses”.

Discussion by the Committee indicated opposition to restricting business and the necessity of the ordinance changes.

MOTION: Mr. Murphy moved to table this matter indefinitely. Mr. McBrearity seconded the motion. This motion was passed unanimously.

XI. Adjournment: Councilor Murphy made a motion to adjourn; Ms. McDonald seconded the motion. The motion to adjourn passed with a unanimous vote. The Policy Committee meeting adjourned at 9:50p.m.

Respectfully submitted by:

Edward R. Clifford, AICP

City Manager