MUNICIPAL OFFICERS MEETING
JULY 21, 2009
Mayor Twomey called the meeting to order at 7:00 p.m.
Roll Call: Patricia Boston, J. Fred Staples, Clement Fleurent, Susan Deschambault, Bob Mills,
Rick Laverriere, Raymond Gagnon, David Flood, George Lamontagne
The Council honored the Flag by reciting the Pledge of Allegiance.
There were no adjustments to the agenda.
Liquor Licenses:
Ø Tin Tin Buffet
Ø Jewel of India
Motion by Councilor Mills, seconded by Councilor Staples to grant the liquor license to Tin Tin Buffet.
Vote: 8/1; Councilor Fleurent opposed.
Councilors Boston, Staples, Deschambault, Mills, Laverriere, Gagnon, Flood and Lamontagne in favor. Motion carries.
Motion by Councilor Lamontagne, seconded by Councilor Boston to grant the liquor license to Jewel of India.
Vote: 8/1; Councilor Fleurent opposed.
Councilors Boston, Staples, Deschambault, Mills, Laverriere, Gagnon, Flood and Lamontagne in favor. Motion carries.
Video Game Devices: Froggie’s Entertainment Paradise
Motion by Councilor Mills, seconded by Councilor Staples to grant the Video Game Devices license to Froggie’s Entertainment Paradise.
Vote: 8/1; Councilor Fleurent opposed.
Councilors Boston, Staples, Deschambault, Mills, Laverriere, Gagnon, Flood and Lamontagne in favor. Motion carries.
Presentation: Bacon Street Festival
Given by: Linda Hardacker, CDBG Coordinator
Dressed as the Bacon Street Festival Fairy, along with her friend, Clifford the Big Red Dog, Linda Hardacker gave a brief description of what the Festival will offer this year, which is the 2nd Annual Bacon Street Festival. The Festival is also officially part of National Night Out Week.
Proclamation: National Night Out Week
Mayor Twomey read the Proclamation and encouraged the citizens to get out to the Bacon Street Festival.
Public Hearing: OMI Contract Renewal
Mayor Twomey opened the Public Hearing at 7:10 p.m.
A few citizens, as well as representatives from OMI, spoke on this issue.
The Public Hearing was closed at 7:36 p.m.
Community Notes: none
Public Addressing the Council…(5 minute limit per speaker)
A few citizens addressed their concerns to the Council.
Motion by Councilor Laverriere, seconded by Councilor Gagnon to adjourn.
Vote: Unanimous. Time: 7:50 p.m.
COUNCIL MEETING
JULY 21, 2009
Mayor Twomey called the meeting to order at 7:50 p.m.
Roll Call: Patricia Boston, J. Fred Staples, Clement Fleurent, Susan Deschambault, Bob Mills,
Rick Laverriere, Raymond Gagnon, David Flood, George Lamontagne
Adjustments to the Agenda:
Ø Remove Order of the Day 2009.51
Ø Add Orders of the Day:
2009.56) Authorization/Contract with Dept. of Transportation/Alfred Street Sidewalks
2009.57) Consideration/OMI Contract Renewal
Mayor Twomey took a five minute recess. Time: 7:52 p.m.
The meeting reconvened at 7:57 p.m.
Consideration of Minutes: July 7, 2009
Motion by Councilor Boston, seconded by Councilor Lamontagne to accept the minutes as printed.
Vote: Unanimous.
Second Reading:
{For a copy of the Order and First Reading, see the Council Meeting Minutes of July 7, 2009}
2009.46) Amendment/Addition of Chapter 71, Industrial Sewer Use
Motion by Councilor Laverriere, seconded by Councilor Mills to grant the second reading of the order.
Vote: Unanimous.
Orders of the Day:
2009.50 IN BOARD OF CITY COUNCIL….JULY 21, 2009
BE IT ORDERED, that the City Manager be authorized to execute a contract with the firm of ______for design services for the Biddeford River Walk Phases 1-3 in an amount not to exceed $______.
NOTE: The Finance Committee is also reviewing this item on July 21, 2009. Funding for this project is from the Riverfront Community Development Bond (RCDB) Program grant and the Route 111-Mill District TIF.
Motion by Councilor Lamontagne, seconded by Councilor Mills to grant the order.
Motion by Councilor Boston, seconded by Councilor Lamontagne to fill in the blanks with Wright-Pierce for design services; and an amount not to exceed $109,153.
Vote: Unanimous.
2009.52 IN BOARD OF CITY COUNCIL...JULY 21, 2009
BE IT ORDERED, that the City Manager be authorized to sign a purchase order for the purchase of three police cruisers from Quirk Ford for $59,007.42 as bid, including three trade-ins, with funding as included in the Route 111-Mill District TIF Fund ($19,574.84) and in account 21146-60603, Police Department Vehicle Purchase ($39,432.58), in the FY2010 budget.
Note: The Finance Committee approved this item on July 7, 2009.
Motion by Councilor Laverriere, seconded by Councilor Deschambault to grant the order.
Vote: Unanimous.
2009.53 IN BOARD OF CITY COUNCIL...JULY 21, 2009
BE IT ORDERED, that the City Manager be authorized to purchase a John Deere 624-K Loader (the “Equipment”) from Nortrax Equipment Co. LLC (the “Vendor”) and may pay the Vendor an amount not to exceed $183,700.00 (before trade-in/sale allowance of $32,500) for the Equipment as follows:
The City of Biddeford expects to incur debt to reimburse expenditures to pay the cost of the Equipment;
The City of Biddeford reasonably expects that the maximum principal amount of the debt, including for reimbursement purposes, is $151,200.00;
The City Manager, on behalf of the City of Biddeford, is authorized to enter into a lease purchase, loan or other financing agreement for the Equipment provided that (a) the principal amount of such agreement will not exceed $151,200.00, (b) the term of such agreement will not exceed one hundred and twenty (120) months and (c) any obligation of the City of Biddeford to make lease or loan payments pursuant to such agreement is subject to annual appropriation by the City Council of the City of Biddeford;
The City Manager is authorized to advance money from the General Fund of the City for payment of the costs of the Equipment; and
The City Manager, on behalf of the City of Biddeford, is authorized to negotiate, enter into, execute, deliver and cause to be performed, and to approve, any and all agreements, instruments, certificates and other documents, and to grant security interests in the Equipment, upon such terms, conditions, limitations and undertakings, which the City Manager determines are necessary and proper for the acquisition and financing of the Equipment, provided that any lease purchase, loan or other financing agreement will be countersigned by both the Mayor and the Treasurer of the City of Biddeford. Without limiting the foregoing, the City Manager, on behalf of the City of Biddeford, in connection with the acquisition of the Equipment, is authorized to sell, transfer, trade in or otherwise dispose of any equipment, which the City Manager determines is no longer useful to the City of Biddeford.
NOTE: The Finance Committee reviewed this item on July 7, 2009 and voted to recommend it to the City Council for approval. The lease-purchase of this item is included in the approved FY2010 budget.
Motion by Councilor Laverriere, seconded by Councilor Mills to grant the order.
Vote: Unanimous.
2009.54 IN BOARD OF CITY COUNCIL..JULY 21, 2009
BE IT ORDAINED, by the City Council of the City of Biddeford to add to the Code of Ordinances, in Chapter 34, Environment, Article VI, Post Construction Stormwater Management.
{A copy of the proposed Ordinance is on file in the City Clerk’s Office, as well as on the City’s website}
NOTE: The Policy Committee considered this item at their July 13, 2009 meeting and voted unanimously to send to full Council for approval.
Motion by Councilor Gagnon, seconded by Councilor Laverriere to grant the first reading of the order.
Vote: Unanimous.
2009.55 IN BOARD OF CITY COUNCIL, JULY 21, 2009
BE IT ORDERED, that the City Manager is authorized to execute a purchase and sale agreement with Lasalle Commercial Mortgage Securities, Inc. for the purchase of real estate located at 8 and 15 Williams Court for the sum of $133,600.00 and is further authorized to accept a Quit Claim Deed from Lasalle for the properties.
Motion by Councilor Gagnon, seconded by Councilor Mills to grant the order.
Vote: Unanimous.
2009.56 IN BOARD OF CITY COUNCIL..JULY 21, 2009
BE IT ORDERED, that the City Manager be authorized to enter into a unit price contract with the State of Department of Transportation for the construction of Alfred Street sidewalks from Birch Street to Graham Street. The estimated cost of the work items is $240,000 based upon the unit prices attached herewith and actual quantities constructed. Funding is proposed to be reallocated from the 2004 Road Bond.
Motion by Councilor Lamontagne, seconded by Councilor Fleurent to grant the order.
Vote: Unanimous
2009.57 IN BOARD OF CITY COUNCIL..JULY 21, 2009
BE IT ORDERED, that while the City Council acknowledges OMI for the valuable services it has provided to the City of Biddeford, the contract with OMI shall not be renewed and the City shall operate the Wastewater Treatment Plant in house.
Motion by Councilor Mills, seconded by Councilor Lamontagne to grant the order.
Motion by Councilor Deschambault, seconded by Councilor Boston to table the order.
Vote: 5/4; Councilors Flood, Boston, Staples, Fleurent and Deschambault in favor.
Councilors Mills, Laverriere, Gagnon and Lamontagne opposed.
Motion carries.
City Manager Report
City Manager, John Bubier was not present at the meeting; however, the Council did receive his report in writing.
Other Business:
Council President Lamontagne: gave an update on the West Point Stevens closure, which is coming quickly.
Mayor Addressing the Council:
Mayor Twomey gave a statement on why the OMI Contract issue was brought forward for consideration at tonight’s meeting. She commended the Public Works Director, Guy Casavant and City Engineer, Tom Milligan for all their hard work around this matter. She also recognized the representatives and employees from OMI and all that they have contributed to the City. She stressed that the issue is about saving money, and not about being dissatisfied with the work of OMI.
Motion by Councilor Mills, seconded by Councilor Gagnon to adjourn.
Vote: Unanimous. Time: 8:42 p.m.
Attest by:______
Carmen J. Lemieux, City Clerk
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