SPECIAL COUNCIL MEETING
FEBRUARY 6, 2007
Mayor Nutting called the meeting to order at 6:15 p.m. in the Council Chambers.
(Councilor Dumont was absent)
The City Council dispensed with the scheduled Executive Session and held public discussion with DEP Commissioner, David Littell and two of his staff members, for an hour and fifteen minutes. Questions that had been pre-submitted by the Councilors and the public were asked alternately and answered by the Commissioner and staff.
Public discussion ceased and Mayor Nutting closed the meeting at 7:30 p.m.
COUNCIL MEETING
FEBRUARY 6, 2007
Mayor Nutting called the meeting to order at 7:40 p.m.
Roll Call: Phillippe Dumont, John McCurry, Jr., Matthew Hight, Susan Deschambault, Albert Grover, Rick Laverriere, Michael Ready, Kenneth Farley, George Lamontagne
The Council honored the Flag by reciting the Pledge of Allegiance.
There were no adjustments to the agenda.
Consideration of Minutes: January 8, 2007; January 16, 2007; January 25, 2007
Motion by Councilor Laverriere, seconded by Councilor Dumont to accept the minutes as printed.
Vote: Unanimous.
City Manager Report:
City Manager, John Bubier, gave his report.
Second Reading:
{For a copy of the order and first reading, see the Council minutes of January 16, 2007.}
2007.5) Amendment/Ch 30, Sec 27-Charge for Use/Ambulance Fees Increases
Motion by Councilor McCurry, seconded by Councilor Ready to grant the second reading of the order.
{Councilor Lamontagne requested that any time an issue is recommended to the City Council by the Fire and/or Police Commissions, at least one representative from that Commission should be present at the Council meeting when the issue will be considered.}
Motion by Councilor Farley, seconded by Councilor Hight to amend the order by adding that the City will bill for ambulance fees to the extent that the insurance companies will pay; individuals would not be billed beyond what the insurance pays.
Motion by Councilor Farley, seconded by Councilor Lamontagne to table the order until the City Council has had an opportunity to meet with the Fire Commission to discuss the fee increases and the procedure for collection.
Vote: 4/5; Councilors Farley, Dumont, Hight and Lamontagne in favor.
Councilors McCurry, Deschambault, Grover, Laverriere and Ready opposed.
Motion to table fails.
Vote on amendment: 3/6; Councilors Hight, Dumont and Farley in favor.
Councilors McCurry, Deschambault, Grover, Laverriere, Ready and Lamontagne opposed.
Motion to amend the order fails.
Motion by Councilor Laverriere, seconded by Councilor Farley to move the question.
Vote: Unanimous.
Vote on order: 6/3; Councilors Lamontagne, Hight and Dumont opposed.
Councilors McCurry, Deschambault, Grover, Laverriere, Ready and Farley in favor.
Motion to grant the second reading carries.
Orders of the Day:
2007.7 IN BOARD OF CITY COUNCIL…FEBRUARY 6, 2007
BE IT ORDERED, that the City solicit Requests for Proposals (RFP) for disposal of its Municipal Solid Waste, Construction/Demolition Debris and Bulky Waste commencing in June 2007 for terms of 5, 10, 15 and 20 years. A copy of the RFP is attached to this Order.
Motion by Councilor McCurry, seconded by Councilor Farley to grant the order.
Motion by Councilor McCurry, seconded by Councilor Farley to amend the RFP, under section Qualifications of Proposers, by changing the year 2000 to 1990.
Vote: 7/2; Councilors Hight and Dumont opposed.
Councilors McCurry, Deschambault, Grover, Laverriere, Ready, Farley and Lamontagne in favor.
Motion to amend carries.
Vote on order as amended: Unanimous.
2007.8 IN BOARD OF CITY COUNCIL..FEBRUARY 6, 2007
BE IT ORDERED, that the compensation of the City Solicitor, the firm of Smith Elliott Smith & Garmey and lead attorney Keith R. Jacques, Esq., as listed in a letter dated June 1, 2004 and approved by Council Order 2004.43 of June 1, 2004, is hereby amended as follows:
General legal services to be at a rate of $150.00 per hour
Maine Energy litigation to be at a rate of $150.00 per hour
Attendance at regular City Council meetings to continue at a flat fee of $100.00 per meeting.
These amended fees are to become effective as of February 7, 2007.
NOTE: The Finance Committee will be considering this issue at the February 5, 2007 meeting.
Motion by Councilor Farley, seconded by Councilor McCurry to grant the order.
Vote: Unanimous.
Committee-of-the-Whole: Budget Process for FY 2007/08
Motion by Councilor McCurry, seconded by Councilor Farley to move into Committee-of-the-Whole to discuss the budget process for FY 2007/08.
Vote: 8/1; Councilor Lamontagne opposed.
Councilors Dumont, McCurry, Hight, Deschambault, Grover, Laverriere, Ready and Farley in favor.
Motion carries. Time: 8:35 p.m.
Councilor Farley explained that the City Council would follow the procedure as was adopted in the 2006 General Election that amended the City Charter by creating a Budget Committee composed of all members of the City Council and the Mayor (who shall be a non-voting member except in the case of a tie) for the sole purpose of having the City Manager and School Superintendent present the City and School budgets directly to the Budget Committee rather than having the proposed budgets submitted to the Finance Committee prior to their being submitted to the City Council.
Motion by Councilor McCurry, seconded by Councilor Ready to move out of Committee-of-the-Whole.
Vote: Unanimous. Time: 8:45 p.m.
Appointment:
IN BOARD OF CITY COUNCIL…FEBRUARY 6, 2007
ORDERED, that I, Wallace Nutting, Mayor of the City of Biddeford, do hereby appoint:
Larry Patoine
24 Appleridge Drive
Ward 6
to the Planning Board for a term to expire December 2010.
Motion by Councilor Laverriere, seconded by Councilor Grover to confirm the appointment.
Vote: 8/1; Councilor Hight opposed.
Councilors Dumont, McCurry, Deschambault, Grover, Laverriere, Ready, Farley and Lamontagne in favor.
Motion carries.
Other Business:
Councilor Laverriere asked why there are so many vacancies on the Downtown Development Commission. It was explained that the DDC is comprised of nine voting members and nine associate members, which makes for a rather large commission. Thus far, the Chairperson of the DDC, Brian Keely, has not voiced any concern about quorum issues and the Commission is still holding regular meetings.
Councilor Grover re-emphasized his concern that the City doesn’t seem to be taking any steps to tear down the apartment building on Green Street that has been burnt out for quite some time. He reiterated that the building is a hazard and a nuisance to the neighbors. The City Manager informed the Council that the Codes Office has looked into the issue and the building owner is now taking the City to court. So now the issue is in the court system, which is unfortunate because of the delays this will cause.
Councilor Hight expressed his concern about switching the Municipal Officers and Council Meeting portions of the agenda. He hopes that this is not going to become standard practice. Mayor Nutting explained why it was done for this meeting, and assured Councilor Hight that it was not to become standard practice unless it became the wish of the Council to do so.
Councilor McCurry asked when the inner foyer doors would be installed in the City Clerk’s Office. He wants a specific date for delivery and installation of the doors.
He inquired if the dispatch problem of recent has been resolved. The City Manager informed the Council that Chief Beaupre has taken care of the issue and the problem has been resolved.
He asked about a memo that the Council had received regarding the landfills on Andrews Road and at Rotary Park.
He asked that the Operations Committee look into an ordinance, which would put a 4-way, stop at the intersection of Main and Elm Streets.
And finally, he suggested that the City organize a ‘park and ride’ program for City Hall employees. This would entail that employees park at someplace like at the Public Works department and be bused to City Hall.
Councilor Ready asked to have a copy of Chief Beaupre’s response to the recent dispatch issue. The City Manager said he would get that distributed to the Council.
He then asked about a letter that the Council received regarding information that MMA will be holding “Front Porch Discussions” in some of the Maine municipalities, and Biddeford has been selected as one. This will be an open-forum type of meeting, which is scheduled for March 29th at City Hall.
Councilor Lamontagne stated that inner foyer doors need to be installed in the City Clerk’s Office and he doesn’t understand what the delay has been. $4,000 has been budgeted for the doors and they need to be put in.
Councilor Deschambault made a few follow-up comments about the letter referenced by Councilor McCurry regarding the Andrews Road and Rotary Park landfills.
Reports of Committees:
Ø Conservation Commission..1/11/2007; 1/24/2007
Ø Harbor Commission..12/21/2006
Ø Wastewater Management Commission..12/13/2006
Ø Shellfish Conservation Comission..11/8/2006
The committee reports were accepted as printed.
Council President Farley addressed the Council on various issues.
Motion by Councilor Farley, seconded by Councilor McCurry to adjourn.
Vote: Unanimous. Time: 9:10 p.m.
MUNICIPAL OFFICERS MEETING
FEBRUARY 6, 2007
Mayor Nutting called the meeting to order at 9:10 p.m.
Roll Call: Phillippe Dumont, John McCurry, Jr., Matthew Hight, Susan Deschambault, Albert Grover, Rick Laverriere, Michael Ready, Kenneth Farley, George Lamontagne
There were no adjustments to the agenda.
Massage Therapy Licenses:
Ø Cynthia Huff, LMT @ H & M Slender Spa
Ø Courtney Farda, LMT @ H & M Slender Spa
Motion by Councilor Lamontagne, seconded by Councilor Farley to grant both of the massage therapy licenses.
Vote: Unanimous.
Public Addressing the Council..(5 minute limit per speaker)
A few citizens addressed their concerns on various issues to the Council.
Motion by Councilor Ready, seconded by Councilor Farley to adjourn.
Vote: Unanimous. Time: 9:30 p.m.
Attest by:______
Clairma Matherne, City Clerk
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