MUNICIPAL OFFICERS MEETING

SEPTEMBER 4, 2007

Mayor Nutting called the meeting to order at 7:00 p.m.

Roll Call: James Emerson, John McCurry, Jr., Matthew Hight, Susan Deschambault, Albert Grover, Michael Ready, Kenneth Farley, George Lamontagne

{Rick Laverriere was excused.}

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

There were no adjustments to the agenda.

Liquor License: Champions Sports Bar

Motion by Councilor Lamontagne, seconded by Councilor Ready to grant the liquor license to Champions Sports Bar.

Vote: Unanimous.

Presentation: Consolidated Annual Performance Evaluation Report (CAPER)

Linda Hardacker, CDBG Coordinator, gave a brief PowerPoint presentation on what has been accomplished in Year 2 of CAPER and what the proposed projects are for Year 3.

Ms. Hardacker, along with Mayor Nutting, recognized numerous citizens for their hard work and efforts in all the work that was done in the Bacon Street area.

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

A few citizens addressed their concerns to the Council.

Motion by Councilor McCurry, seconded by Councilor Lamontagne to adjourn.

Vote: Unanimous. Time: 7:37 p.m.

COUNCIL MEETING

SEPTEMBER 4, 2007

Mayor Nutting called the meeting to order at 7:37 p.m.

Roll Call: James Emerson, John McCurry, Jr., Matthew Hight, Susan Deschambault, Albert Grover, Michael Ready, Kenneth Farley, George Lamontagne

{Rick Laverriere was excused.}

There were no adjustments to the agenda.

Consideration of Minutes: August 21, 2007

Motion by Councilor McCurry, seconded by Councilor Ready to accept the minutes as printed.

Vote: Unanimous.

Second Readings:

{For a copy of the orders and first readings, see the Council Minutes of August 21, 2007}

2007.79) Amendment/LDR, Part III, Article V/Addition of Waterfront Zones

Motion by Councilor Emerson, seconded by Councilor Ready to grant the second reading of the order.

Motion by Councilor Hight, seconded by Councilor Grover to table the order until the Harbor Commission has had an opportunity to weigh in on this issue.

Vote: 2/6; Councilors Grover and Hight in favor.

Councilors Emerson, McCurry, Deschambault, Ready, Farley and Lamontagne opposed.

Motion to table fails.

Vote on second reading: 6/2; Councilors Grover and Hight opposed.

Councilors Emerson, McCurry, Deschambault, Ready, Farley and Lamontagne in favor.

Motion carries.

2007.89) Amendment/Ch 62-Streets, Sidewalks & Other Public Places, Sec 57/

Service & Consumption of Alcoholic Beverages

Motion by Councilor Ready, seconded by Councilor Farley to grant the second reading of the order.

Motion by Councilor Deschambault, seconded by Councilor Ready to amend the order by adding to Section (c) (4), in the last sentence, “Provided further that no restaurant licensed as such shall sell alcoholic beverages except during the hours when meals are available.”
Vote on amendment: 6/2; Councilors Grover and Hight opposed.
Councilors Emerson, McCurry, Deschambault, Ready, Farley and Lamontagne in favor. Motion carries.

Vote on second reading, as amended: 5/3; Councilors Grover, Deschambault and McCurry opposed.
Councilors Emerson, Hight, Ready, Farley and Lamontagne in favor. Motion carries.

Orders of the Day:

2007.15  IN BOARD OF CITY COUNCIL..MARCH 6, 2007

BE IT ORDAINED, by the City Council of the City of Biddeford to amend the Code of Ordinances, Land Development Regulations, Article III, as follows:

Part III (Land Development Regulations) Article III (Official Zoning Map) is amended to rezone all or part of the following lots from R-F or LR-F to B-2, as depicted on the map entitled “Proposed Change to B2 Zone Scenario 3”:

Tax Map 2, Lot 1 (p/o)

Tax Map 2, Lot 19-1

Tax Map 2, Lot 6-2

Tax Map 2, Lot 6 (p/o)

Tax Map 2, Lot 12 (p/o)

Tax Map 2, Lot 15-1 (p/o)

Tax Map 2, Lot 23-1 (p/o)

Tax Map 2, Lot 23-4 (p/o)

Tax Map 2, Lot 37 (p/o)

NOTE: “p/o” means “part of.”

Motion by Councilor Farley, seconded by Councilor Ready to remove the order from the table.

Vote: 7/1; Councilor Hight opposed.

Councilors Emerson, McCurry, Deschambault, Grover, Ready, Farley and Lamontagne in favor. Motion carries.

Motion by Councilor McCurry, seconded by Councilor Farley to grant the first reading of the order.

Motion by Councilor Lamontagne, seconded by Councilor Hight to table this order until the September 18, 2007 Council Meeting.

Vote: 3/5; Councilors Lamontagne, Grover and Hight in favor.

Councilors Emerson, McCurry, Deschambault, Ready and Farley opposed. Motion fails.

Motion by Councilor McCurry, seconded by Councilor Ready to amend the order by rezoning only those parcels identified as Map 2, Lots 6, 12, 23-1, 15-1 and 37.

Motion by Councilor Hight, seconded by Councilor Lamontagne to table the order until a more detailed analysis may be done and the results reported to Council.

Vote: 3/5; Councilors Lamontagne, Hight and Grover in favor.

Councilors Emerson, McCurry, Deschambault, Ready and Farley opposed. Motion fails.

Vote on amendment: 6/2; Councilors Lamontagne and Hight opposed.

Councilors Emerson, McCurry, Deschambault, Grover, Ready and Farley in favor.

Motion carries.

Vote on first reading, as amended: 5/3; Councilors Lamontagne, Grover and Hight opposed.

Councilors Emerson, McCurry, Deschambault, Ready and Farley in favor.

Motion carries.

2007.93 IN BOARD OF CITY COUNCIL..SEPTEMBER 4, 2007

BE IT ORDAINED, by the City Council of Biddeford, Maine to amend the Code of Ordinances of the City of Biddeford as follows:

Part II (Revised Code of Ordinances) Chapter 34 (Environment) Article V (Blasting) C (Definitions) is amended as follows:

Level 1 Blasting Operation: Blasting operations involving less than fifty (50) two hundred and fifty (250) cubic yards of material to be removed.

Level 2 Blasting Operation: Blasting operations involving more than fifty (50) two hundred and fifty (250) or more cubic yards of material to be removed.

Part II (Revised Code of Ordinances) Chapter 34 (Environment) Article V (Blasting) H (Performance Standards) is amended as follows:

5. Water Tests:

i. The applicant will offer to hire an independent water testing company firm to perform water tests of all drinking water wells within five hundred (500) feet of the blasting area. The test shall document the flow rate of the well prior to blasting, as well as the levels of Coli form bacteria, E-coli, Nitrate, Ph, Copper, Iron Chloride, Manganese, Arsenic, Calcium, and Sodium. At least three documented attempts must be made to physically offer the water test before the abutter may be deemed a non-respondent.

ii. The water tests shall be held by the independent water testing company firm, and upon request, shall be made available to the landowner at the expense of the landowner within fourteen (14) days of such a request.

Motion by Councilor McCurry, seconded by Councilor Farley to grant the first reading of the order.

Vote: 7/1; Councilor Hight opposed.

Councilors Emerson, McCurry, Deschambault, Grover, Ready, Farley and Lamontagne in favor.

Motion carries.

2007.94 IN BOARD OF CITY COUNCIL ... SEPTEMBER 4, 2007

BE IT ORDERED, pursuant to Chapter 62, Section 101 of the Code of Ordinances, the City Council of the City of Biddeford does hereby waive the requirements for a sidewalk for the Meadowridge III subdivision Off Appleridge Drive (Map 1 Lot 38-3 –Larry Patoine -developer) for purposes of their pending subdivision review by the Planning Board and for future consideration of the acceptance of the associated street, under the terms agreed to by the City Council. The Council as part of this waiver further states that any future sidewalk construction in the Meadowridge III subdivision shall be the sole responsibility of the property owners on said street.

NOTE: The Capital Projects Committee discussed this item on August 9, 2007 and were not in favor of the request. However, the applicant wishes to discussthis request with the City Council. Included in your packet is a staff summary letter, location plans and a letter from the applicant’s engineer, which were provided to the Capital Projects Committee. The staff summary includes 2 options for approval 1) 3’ of additional pavement along the road with a stripe or 2) Payment to the City in lieu of building the sidewalk, such that the City could use those funds to continue the sidewalk on South Street.

Motion by Councilor Ready, seconded by Councilor Emerson to grant the order.

Motion by Councilor Farley, seconded by Councilor McCurry to amend the order by adding language which would allow for 3 feet of additional pavement along the road with a stripe.

Vote: 2/6; Councilors Farley and McCurry in favor.

Councilors Emerson, Hight, Deschambault, Grover, Ready and Lamontagne opposed.

Motion fails.

Motion by Councilor Ready, seconded by Councilor Emerson to amend the order by adding language that would include the requirement of the developer to pay the City in lieu of building the sidewalk, such that the City could use those funds to continue the sidewalk on South Street.

Vote: 7/1; Councilor Farley opposed.

Councilors Emerson, McCurry, Hight, Deschambault, Grover, Ready and Lamontagne in favor. Motion carries.

Vote on order, as amended: 5/3; Councilors Grover, McCurry and Farley opposed.

Councilors Emerson, Hight, Deschambault, Ready and Lamontagne in favor.

Motion carries.

2007.95 IN BOARD OF CITY COUNCIL..SEPTEMBER 4, 2007

BE IT ORDERED, that the City Manager of the City of Biddeford is hereby authorized to sign a contract with Air Cleaning Specialist Company for $71,693.00 for installation of a Vehicle Exhaust Removal System located at the Fire Dept.

NOTE: The Finance Committee approved this item on August 20, 2007. The funding source is a Homeland Security Grant with 10% City match included in the FY2008 budget.

Motion by Councilor Ready, seconded by Councilor Emerson to grant the order.

Vote: Unanimous.

2007.96 IN BOARD OF CITY COUNCIL...SEPTEMBER 4, 2007

BE IT ORDERED, that the City Manager be authorized to purchase a 2008 Chevrolet Trailblazer 4x4 Utility Vehicle (the “Equipment”) from Frank Galos Chevrolet-Cadillac (the “Vendor”) and may pay the Vendor an amount not to exceed $21,479.00 for the Equipment as follows:

1.  The City of Biddeford expects to incur debt to reimburse expenditures to pay the cost of the Equipment;

2.  The City of Biddeford reasonably expects that the maximum principal amount of the debt, including for reimbursement purposes, is $21,479.00;

3.  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 $21,479.00, (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;

4.  The City Manager is authorized to advance money from the General Fund of the City for payment of the costs of the Equipment; and

5.  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 August 20, 2007 and voted to recommend it to the City Council for approval. The lease-purchase of this item is included in the approved FY2008 budget

Motion by Councilor Ready, seconded by Councilor Grover to grant the order.

Vote: 6/2;Councilors McCurry and Emerson opposed.

Councilors Hight, Deschambault, Grover, Ready, Farley and Lamontagne in favor.

Motion carries.

2007.97 IN BOARD OF CITY COUNCIL...SEPTEMBER 4, 2007

BE IT ORDERED, that the City Manager be authorized to purchase a 2007 Chevrolet four wheel drive

1-ton dump truck (the “Equipment”) from Frank Galos Chevrolet-Cadillac (the “Vendor”) and may pay the Vendor an amount not to exceed $29,665.00 for the Equipment as follows:

6.  The City of Biddeford expects to incur debt to reimburse expenditures to pay the cost of the Equipment;

7.  The City of Biddeford reasonably expects that the maximum principal amount of the debt, including for reimbursement purposes, is $29,665.00;

8.  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 $29,665.00, (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;

9.  The City Manager is authorized to advance money from the General Fund of the City for payment of the costs of the Equipment; and

10.  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 August 20, 2007 and voted to recommend it to the City Council for approval. The lease-purchase of this item is included in the approved FY2008 budget

Motion by Councilor Ready, seconded by Councilor Lamontagne to grant the order.