MUNICIPAL OFFICERS MEETING
MAY 18, 2004
Mayor Nutting called the meeting to order at 7:00 p.m.
Roll Call: Phillippe Dumont, John McCurry, Jr., Clement Fleurent, Wayne McBreairty,
Kenneth Farley, Christina Manikas, Raymond Cote, George Lamontagne
James Murphy was excused.
The Council honored the Flag by reciting the Pledge of Allegiance.
There were no adjustments to the agenda.
Presentation: Fiscal Impact Analysis Shops @ Biddeford Crossing
Ø Robert Dodge, Economic & Community Development Director
Ø Mark Eyerman & Charles Lawton, PhD, Planning Decisions, Inc.
Dr. Lawton gave an overview of the fiscal impact that the Shops @ Biddeford Crossing will have on the City. Dr. Lawton then fielded questions and concerns from the Council.
Robert Dodge stressed the benefits for the City, of going forward with this project – touching on such points as generation of new jobs; increase of revenues; shopping and service opportunities for the community.
Public Hearing: Pine Tree Development Zones
Mayor Nutting opened the Public Hearing at 7:43 p.m.
Robert Dodge briefly explained what the Pine Tree Development Zone is. It is a State-run program that the City is looking to participate in. The Council will consider whether the City will enter into an agreement with the State and participate in the Pine Tree Development Zone program.
Mark Gervais, Ward 1, addressed his concern that retail stores would not be able to participate in this program.
Ronald Peaker, Ward 1, gave his support to the program.
Richard Rhames, Ward 3, expressed his concern that corporations and businesses need to be paid to hire people, rather than ship jobs overseas.
Robert Boilard, Ward 2, expressed his wariness of this state program.
Public Hearing was closed at 7:55 p.m.
Presentation: Property Valuation Process – Frank Yattaw, Tax Assessor
Frank Yattaw, City Tax Assessor, explained the property valuation process from the past few years to where the City currently is now. He also addressed concerns that had been brought up about the increase in the Assessor Department budget over the past four years. He attributed this increase mainly to employee wages within that department.
Mr. Yattaw fielded questions and concerns from the Council.
Public Addressing the Council..(5 minute limit per speaker)
Brian Pooler, Ward 5, supports any development that would bring water and hydrants out to far-reach places. Suggested the City find ways to stagger the testing of the Fire Dept equipment. Suggested the City look at what fire trucks are out there, and can be bought at a fraction of the price, rather than custom order one.
Robert Boilard, Ward 2, addressed his concern about the City’s drinking water. Asks why there are so many cancer treatment clinics within a 30-mile radius. Attributes health problems to the pollutants in the drinking water.
Ronald Peaker, Ward 1, Hills Beach area would like an amendment to the Institutional
Zone for a no-building zone in the UNE area. He also urged the Council to be conservative in this budget process – City spending should not be considered unlimited.
Mark Gervais, Ward 1, expressed his concerns with the valuation process being utilized by the Assessor’s Office.
Richard Rhames, Ward 3, addressed his concerns with the Shops @ Biddeford Crossing project. Hopes that the Council will look at all the angles before moving forward with this project – need to look at the impact to surrounding communities and the perception that Biddeford is “richer” than we really are.
Motion by Councilor McCurry, seconded by Councilor Farley to adjourn.
Vote: Unanimous. Time: 8:55 p.m.
COUNCIL MEETING
MAY 18, 2004
Mayor Nutting called the meeting to order at 9:05 p.m.
Roll Call: Phillippe Dumont, John McCurry, Jr., Clement Fleurent, Wayne McBreairty,
Kenneth Farley, Christina Manikas, Raymond Cote, George Lamontagne
James Murphy was excused.
Adjustments to Agenda:
Ø Move City Manager Report to end of agenda
Ø Add to Executive Session: Legal Matter
Orders of the Day:
2004.34 IN BOARD OF CITY COUNCIL..MAY 18, 2004
BE IT ORDERED, that the City Council does hereby authorize the City Manager to sign and execute an application and related documents associated with the City’s participation in the Southern Maine Pine Tree Development Zone (SMPTZ) collaborative which will be submitted to the State of Maine for approval.
FURTHER, the City Council does herein authorize as part of its application the designation of three sub-zones as generally depicted on the map (Attachment A) and identified as:
Sub-zone 1 – Downtown Mill Complex
Sub-zone 2 – Biddeford Industrial Park and Airport Industrial Park Areas.
Sub-zone 3 – Thacher Brook Business Park Area.
Said sub-zones are more particularly described by map and lot number for each parcel as per the transmittal identified as Attachment B. The City Council does hereby further authorize the City Manager to amend said sub-zones by a maximum of 10% of the total average of each sub-zone subject to prior consideration and recommendation of the City’s Economic Improvement Commission.
Motion by Councilor McCurry, seconded by Councilor Farley to grant the order.
Motion by Councilor Lamontagne to table the order until July so to gather more information.
Fails due to lack of second motion.
Vote on order: 6/2; Councilors Lamontagne and McBreairty opposed.
Councilors Dumont, McCurry, Fleurent, Farley, Manikas and Cote in favor.
Motion carries.
2004.35 IN BOARD OF CITY COUNCIL…MAY 18, 2004
BE IT ORDAINED, by the City Council of the City of Biddeford that the Code of Ordinances, Chapter 18 Buildings and Building Regulations be amended as follows:
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*Cross references: Community development commission, § 2-231 et seq.; dances and dancehalls, § 6-26 et seq.; building inspection required before issuance of license for pawnbrokers, junk dealers, junk collectors, secondhand dealers, transient sellers of secondhand goods, § 22-112; fire districts established, § 38-1; land development code, pt. III.
State law references: Authority for city to regulate buildings, 30-A M.R.S.A. § 4101 et seq.
ARTICLE I. GENERAL
Secs. 18-1--18-21. Reserved.
Sec. 18-22. Notices and orders.
Notice to owner or to person or persons responsible. In order to maintain unilateral requirements in notifying property owners of violations observed or alleged, this section supersedes any other notice requirement listed in the City of Biddeford Revised Code of Ordinances or any supplemental code adopted by the city. Except as provided in Chapter 18, section 18-25, when an employee of the City of Biddeford determines that there has been a violation of the City of Biddeford Revised Code of Ordinances or any supplemental code adopted by the city or has grounds to believe that a violation has occurred or is occurring, notice shall be given to the owner or the person or persons responsible therefore in the manner prescribed in section 18-23 and 18-24.
(Ord. No. 2002.10, 2-5-02)
Sec. 18-23. Form.
Such notice prescribed in section 18-22 shall be in accordance with all of the following:
(1) Be in writing.
(2) Reference the real estate in question by using city tax map #, lot # and sub lot #, if applicable, and the most accurate street address according to the City of Biddeford Tax Assessor's records.
(3) Include a description of the violation or violations and the adopted code such violations are referenced from.
(4) Include a statement requiring the owner or violator to contact the code enforcement office within five business days to schedule a full inspection of the real estate referenced and to file a detailed time line of when repairs will be made and completed, to be approved by the code enforcement office.
(5) If a violation or violations create a substantial risk of serious bodily injury, then the owner or violator must be advised of this and informed that criminal charges may be referred over to the police department and the building may be posted unfit for occupancy. If a building is posted unfit for occupancy, the cost related to moving and housing tenants will be the sole responsibility of the property owner.
(Ord. No. 2002.10, 2-5-02)
Sec. 18-24. Method of service.
Such notice shall be deemed to be properly served if a copy thereof is:
(1) Delivered personally;
(2) A copy sent by regular mail, to the property owner, at the last known address as maintained by the City of Biddeford Tax Assessor's Office; or
(3) If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure referenced in such notice.
(Ord. No. 2002.10, 2-5-02)
Sec. 18-25. Notice and service by other means.
An employee of the City of Biddeford, whose purpose and duties are to enforce the laws of the State of Maine and the ordinances of the City of Biddeford, are not required to follow the provisions as outlined in Chapter 18, sections 18-23 and 18-24 provided:
(1) A summons is issued to the property owner or person or persons responsible for violating any code adopted by the City of Biddeford;
(2) The summons used is authorized and accepted by the District Court of the State of Maine;
(3) Service of the summons is made upon the violator by a person authorized under law to make such service;
(4) An attested or certified copy of the ordinance or ordinances so violated are attached to the original summons; and
(5) The completed summons is properly recorded in the District Court of the State of Maine having jurisdiction over the violation.
(Ord. No. 2002.10, 2-5-02)
ARTICLE II. BUILDINGS*
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*Editor's note: Ord. No. 2002.10, adopted Feb. 5, 2002, amended art. II of this chapter in its entirety. Prior to amendment, art. II, §§ 18-26, 18-36--18-47, 18-61--18-64, 18-76, 18-76.1, 18-77--18-83, 18-96, 18-106--18-108, 18-116, 18-120, pertained to buildings. See the Code Comparative Table.
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DIVISION 1. GENERALLY
Sec. 18-26--18-35. Reserved.
DIVISION 2. BUILDING INSPECTOR
Sec. 18-36. Nomination.
The code enforcement officer shall appoint, and the city manager shall confirm, a building inspector.
(Ord. No. 2002.10, 2-5-02)
Sec. 18-37. Qualifications.
To be eligible for appointment to the office of building inspector, the candidate for the position shall meet the requirements of the approved job description.
(Ord. No. 2002.10, 2-5-02)
State law references: Duties, 25 M.R.S.A. §§ 2353, 2354.
Sec. 18-38. Records to be available for public inspection.
All records required by the code enforcement department shall be open to public inspection for good and sufficient reasons at the stated office hours, but shall not be removed from the office of the building official without his written consent.
(Ord. No. 2002.10, 2-5-02)
Secs. 18-39--18-41. Reserved.
Sec. 18-42. Accounting, disposition of funds.
All fees designated as payable to the building inspector by statute, charter or ordinance and received by him in his official capacity shall be accounted for by him and paid into the city treasury and credited to the general fund monthly.
(Ord. No. 2002.10, 2-5-02)
Sec. 18-43. Monthly report to council; contents of report.
The building inspector shall prepare and present to the council at the regular monthly meeting a written report for the preceding month. Such report shall show all fees received by him in his official capacity as building inspector and the amounts he has paid thereon to the city treasury.
(Ord. No. 2002.10, 2-5-02)
Sec. 18-44. Keeping reports on file.
The monthly reports required by section 18-46 shall be recorded and kept on file in the office of the building inspector for a period of three years following their presentation to the council and shall be available for public examination on demand.
(Ord. No. 2002.10, 2-5-02)
Secs. 18-45--18-60. Reserved.
DIVISION 3. PERMITS
Sec. 18-61. Permit fee schedule; expiration of permits.
(a) Fee required. A fee shall be charged for every permit issued by the building inspector, and no permit shall be issued until the fees prescribed in this section have been collected by the building inspector as follows:
EFFECTIVE JUNE 15, 2001
NEW BUILDING PERMIT FEE SCHEDULE
(1) Minimum fee . . . $ 25.00
(2) Construction permits, per thousand dollars of value (after S/F is calculated) . . . 8.00
(3) Re-inspection fee . . . 25.00
(4) Swimming pools:
Aboveground . . . 25.00
Inground . . . 50.00
(4) Demolition permit . . . 25.00
(5) Renewal permits, per thousand dollars of value prorated to remaining value of structure . . . 8.00
Minimum fee of . . . 25.00
(6) Certificate of occupancy (not related to building permit) . . . 25.00
(7) Letters to attorneys, realtors, brokers, etc. . . . 25.00
(8) Sign permits . . . 25.00
(9) Professional consultant review fees to be paid for by the applicant prior to issuance of permits.
(b) Belated permits. Permits applied for after work has been started (penalty), the amount of the fee shall be doubled.
(c) Refund of fees. No refund of building permit fees collected.
(Ord. No. 2002.10, 2-5-02)
Sec. 18-62. Reserved.
Sec. 18-63. Issuance of occupancy permits subject to adequate access to premises.
(a) In reviewing applications for occupancy permits for new residential structures, the building inspector shall consider the adequacy of access to the subject premises; and should he have any uncertainties as to whether or not such access is adequate, he shall request an inspection by the city engineer and the director of public works jointly, who shall make a written report to the building inspector. If the report is affirmative, the building inspector may then issue the requested occupancy permit. If the report is negative, the building inspector may not issue the permit without further authorization by the city council.
(b) In making a determination as to the adequacy of access to any house lot, the inspector (building inspector, city engineer or director of public works) will consider the width, grades, condition of surface, drainage features, and any other condition which may result in future deterioration of the adequacy of access to the subject lot.
(Ord. No. 2002.10, 2-5-02)
State law references: Occupancy permit, 25 M.R.S.A. § 2357.
Sec. 18-64--18-75. Reserved.
DIVISION 4. STANDARDS
Sec. 18-76. Building code--Adopted.
There is hereby adopted by the city for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, including permits, that certain building code known as the International Building Code 2000 2003, and International Residential Code 2003, of which not less than one copy is on file in the office of the city clerk. Such code is hereby adopted and incorporated as fully as if set out at length in this article. The provisions thereof shall be controlling in the construction of all buildings and structures therein contained within the corporate limits of the city.