Municipal Officers Meeting s1

MUNICIPAL OFFICERS MEETING

MARCH 1, 2011

Mayor Twomey called the meeting to order at 7:01 p.m.

Roll Call: James Emerson, David Bourque, Alfred Lamontagne, Bob Mills, Rick Laverriere, Raymond Gagnon, Patricia Boston, George Lamontagne

Clement Fleurent was excused.

The Council honored the Flag by reciting the Pledge of Allegiance.

There were no adjustments to the agenda.

Liquor Licenses:

Ø  Smitty’s Cinema – Biddeford

Ø  Pop’s Tavern

Motion by Councilor Laverriere, seconded by Councilor Bourque to grant the liquor license to Smitty’s Cinema – Biddeford.

Vote: Unanimous.

Motion by Councilor G. Lamontagne, seconded by Councilor Laverriere to grant the liquor license to Pop’s Tavern.

Vote: Unanimous.

It was noted by Councilor Boston that the approvals/denials on the back of the business license applications really need to be checked off when the individual departments are signing off on the business license applications.

Community Notes:

Ø  Woodlawn Cemetery…Denis Letellier, Cemetery Superintendent

Woodlawn Cemetery Superintendent, Denis Letellier, gave a presentation about the City-owned cemetery. He gave a brief history on how Woodlawn Cemetery came about; some notable historical figures that are buried there; and projects and updates that have occurred over the past ten years or so. Both the Biddeford Historical Society and the City’s Project Canopy Committee have been instrumental in funding and volunteering for these most recent updates and projects.

Public Addressing the Council..(5 minute limit per speaker)

A few citizens addressed their concerns to the Council.

Motion by Councilor Mills, seconded by Councilor Laverriere to adjourn.

Vote: Unanimous. Time: 7:38 p.m.

COUNCIL MEETING

MARCH 1, 2011

Mayor Twomey called the meeting to order at 7:38 p.m.

Roll Call: James Emerson, David Bourque, Alfred Lamontagne, Bob Mills, Rick Laverriere, Raymond Gagnon, Patricia Boston, George Lamontagne

Clement Fleurent was excused.

There were no adjustments to the agenda.

Consideration of Minutes: February 15, 2011

Motion by Councilor Laverriere, seconded by Councilor Bourque to accept the minutes as printed.

Vote: Unanimous.

Second Readings:

{For a copy of the Ordinances and first readings, see the Council Meeting minutes of

February 15, 2011}

2011.5) Amendment/Ch. 26, Cemeteries/Sec. 26-61-Lot Fees & Sec. 26-63-Miscellaneous Fees/Fees Increased

Motion by Councilor Laverriere, seconded by Councilor Mills to grant the second reading of the order.

Vote: Unanimous.

2011.6) Amendment/Ch. 46, Parks and Recreation/Sec. 46-114-Beach Permit Parking Regulations Enumerated/Permit Fees Increased

Motion by Councilor Laverriere, seconded by Councilor Bourque to grant the second reading of the order.

Vote: Unanimous.

Orders of the Day:

2011.9 IN BOARD OF CITY COUNCIL..MARCH 1, 2011

BE IT ORDAINED, by the City Council of the City of Biddeford that the Code of Ordinances, Chapter 42, Motor Vehicles and Traffic, Article IV Specific Street Regulations, Section 42-92 Limited Parking, be amended by adding or deleting to read as follows:

Main Street, even-numbered side, beginning at a point of the perpendicular sight line with the northwest corner of the intersection with Emery Street, thence westerly to Laconia Street, two hours, between the hours of 8:00 a.m. to 6 p.m., Monday through Friday except on holidays, and; excepting for those spaces that have been designated elsewhere in this chapter for disability parking, loading zone, or otherwise.

BE IT ORDAINED, by the City Council of the City of Biddeford that the Code of Ordinances, Chapter 42, Motor Vehicles and Traffic, Article IV Specific Street Regulations, Section 42-92 Limited Parking, be amended by adding or deleting to read as follows:

Main Street, odd-numbered side, beginning at a point 20 feet west from the northwest corner of the intersection with Emery Street, thence westerly for a distance of 21 145 feet, thirty (30) minutes, between the hours of 8:00 a.m. to 6 p.m., excepting for those spaces that have been designated elsewhere in this chapter for disability parking, loading zone, or otherwise.

Motion by Councilor Laverriere, seconded by Councilor Mills to grant the first reading of the order.

Vote: Unanimous.

2011.10 IN BOARD OF CITY COUNCIL..MARCH 1, 2011

BE IT ORDAINED, by the City Council of the City of Biddeford that the Code of Ordinances, Chapter 42, Motor Vehicles and Traffic, Article IV Specific Street Regulations, Section 42-89 Stop intersections, be amended by adding or deleting to read as follows:

Pine Street at Elm Street.

BE IT ORDAINED, by the City Council of the City of Biddeford that the Code of Ordinances, Chapter 42, Motor Vehicles and Traffic, Article IV Specific Street Regulations, Section 42-87 Yield signs, be amended by adding or deleting to read as follows:

Pine Street at Elm Street.

Motion by Councilor Laverriere, seconded by Councilor Gagnon to grant the first reading of the order.

Vote: Unanimous.

City Manager Report:

City Manager, John Bubier, gave his report in writing.

Other Business:

Councilor Laverriere: asked for clarification from the City Manager regarding some comments made during Public Addressing the Council: (1) Does anyone actually make $150,000 in salary in the City? Answer: No. (2) What is the budget amount for CDBG? Answer: just under $500,000; and administration is roughly 17% of that budget.

Councilor Emerson: put forth the following as a motion, which was seconded by Councilor Boston:

Move to have the city solicitor review the legal reasons for the elimination of public membership on the school policy committee and:

Ø  Express his opinion (agreement or disagreement)

Ø  If he disagrees, have him formally communicate his opinion to the school committee

Ø  If he agrees, have him determine if those reasons apply to the city’s policy committee

Ø  If he determines those reasons apply to the city’s committee, have him recommend actions

and have him report his findings to the city council at the March 15, 2011 city council meeting.

No vote was taken on this motion.

Councilor Emerson then put forth this motion, which was seconded by Councilor Boston:

Whereas the City of Biddeford anticipates continued economic challenges, it seeks to avoid or minimize future employee layoffs and excessive property tax increases by imposing a temporary hiring freeze.

Thus, BE IT ORDERED by the City Council of the City of Biddeford that a Temporary Hiring Freeze be imposed until December 6, 2011 (the remaining term of the present council). This freeze shall apply to all regular, part time and temporary positions.

The filling of vacancies during this time period shall be prohibited unless the Personnel Committee recommends the filling of the vacancy and forwards the recommendation to the City Council for approval. The Personnel Committee and City Council shall review the filing of a current and future vacancy based on:

1.  Position is a critical health or safety function

2.  Position is a legal mandate

3.  Position directly contributes to efficiency and cost-effectiveness of city operations

4.  Position is substantially funded by federal or state grants or other dedicated revenue sources

Prior to submitting a request to fill a vacancy, the City Manager shall seek to avoid replacing a vacancy through consolidation of functions, departmental restructuring, elimination of services, et cetera. The City Manager shall include a summary of what was reviewed and analyzed to avoid the replacement with any request submitted to the Personnel Committee.

Councilors Emerson and Boston withdrew their motions after Councilor G. Lamontagne recommended that this issue be taken up at the next Personnel Committee meeting.

Motion by Councilor Emerson, seconded by Councilor Boston to send this Order to the Personnel Committee for discussion at their March 14, 2011 meeting; and then back to the City Council with recommendations.

Vote: Unanimous.

Councilor Boston: made note of an invitation to an Art School, grades K-12 on March 16th at 6:30 p.m. at Biddeford Middle School.

Councilor Boston put forth the following recommendation and asked that the Policy Committee discuss this issue at their March 14th meeting:

Recommends that at the next scheduled Policy Committee:

Ø  It develops a recommendation to codify Order 2010.138 within the City’s ordinances

Ø  Review the concern regarding trash pickup in densely populated private roads and recommend any changes as deemed appropriate

Councilor Boston then put forth this motion, seconded by Councilor Emerson:

Move that a Racino Negotiation Team be established effective today, March 1, 2011.

The team shall have sole responsibility to negotiate the totality of the proposed development which shall, as appropriate, encompass the land, the harness racing track, slot machine operation, hotel(s), any entertainment or sports facilities, city services, infrastructure, roads and any and all related development and facilities.

This Racino Negotiation Team shall be solely responsible for the negotiations but accountable to the whole council. This negotiation team shall conduct a status review with the whole council (in Executive Session) during the second regular monthly council meeting beginning April 19, 2011. During these review sessions, the negotiation team shall seek feedback from councilors to ensure the team is negotiating under an umbrella of council consensus.

The team shall be comprised of:

Ø  Council President Mills

Ø  Councilor Laverriere

Ø  Councilor Gagnon

The objective of the negotiating team is to maximize the financial and social benefits for the city.

Vote on the above motion: 4/4; Councilors Boston, Emerson, Laverriere and G. Lamontagne in favor.

Councilors A. Lamontagne, Bourque, Mills and Gagnon opposed.

Mayor Twomey voted in opposition to break the tie.

Motion fails.

Councilor Bourque: does not think the City should be holding any of the High School renovations and/or progress due to the air quality complaints.

Councilor Gagnon: agreed with Councilor Bourque and stated that $39,000 should not be spent on air quality testing and that the City has done due diligence with this issue.

Motion by Councilor Laverriere, seconded by Councilor Bourque to adjourn.

Vote: Unanimous. Time: 8:20 p.m.

Attest by:______

Carmen J. Morris, City Clerk

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