Municipal Officers Meeting

MUNICIPAL OFFICERS MEETING SEPTEMBER 7, 2010

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

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

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

There were no adjustments to the agenda.

Liquor Licenses:  Que Huong  LongHorn Steakhouse  The Oak and The Ax

Motion by Councilor G. Lamontagne, seconded by Councilor Mills to grant the liquor license to Que Huong. Vote: 8/1; Councilor Fleurent opposed. Councilors Emerson, Bourque, A. Lamontagne, Mills, Laverriere, Gagnon, Boston and G. Lamontagne in favor. Motion carries.

Motion by Councilor Laverriere, seconded by Councilor Boston to grant the liquor license to LongHorn Steakhouse. Vote: 8/1; Councilor Fleurent opposed. Councilors Emerson, Bourque, A. Lamontagne, Mills, Laverriere, Gagnon, Boston and G. Lamontagne in favor. Motion carries.

Motion by Councilor Mills, seconded by Councilor G. Lamontagne to grant the liquor license to The Oak and The Ax. Vote: 8/1; Councilor Fleurent opposed. Councilors Emerson, Bourque, A. Lamontagne, Mills, Laverriere, Gagnon, Boston and G. Lamontagne in favor. Motion carries.

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 Boston to adjourn. Vote: Unanimous. Time: 7:25 p.m.

COUNCIL MEETING SEPTEMBER 7, 2010

Mayor Twomey called the meeting to order at 7:25 p.m.

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

Adjustment to the Agenda:  Move Order 2010.91 to be considered before the Second Reading of Order 2010.47

Consideration of Minutes: August 17, 2010 Motion by Councilor Mills, seconded by Councilor Boston to accept the minutes as printed. Vote: Unanimous.

2010.91 IN BOARD OF CITY COUNCIL..SEPTEMBER 7, 2010 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, amended by adding Section 42-104 Closed to Vehicular Traffic, to read as follows:

1 Vehicles are prohibited from entering, remaining, or travelling upon a way, or any part thereof, that has been designated by the city council as closed to vehicular traffic. Accordingly, the following street(s) has (have) been designated as closed to vehicular traffic.

Bradbury Street Extension , beginning at a point 215 ± feet southwesterly from the intersection with South Street, thence southwesterly to the intersection with Mason Street.

NOTE: The Capital Projects/Operations Committee considered this item at their June 10, 2010 meeting and voted unanimously to forward to Council for approval.

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

Motion by Councilor Gagnon, seconded by Councilor G. Lamontagne to suspend the rules to allow a citizen to address the council after the ordinance was on the council table. Vote: 8/1; Councilor Laverriere opposed. Councilors Emerson, Bourque, Fleurent, A. Lamontagne, Mills, Gagnon, Boston and G. Lamontagne in favor. Motion carries.

Motion by Councilor Mills, seconded by Councilor G. Lamontagne to move the question. Vote: 5/4; Councilors Boston, Emerson, A. Lamontagne and Gagnon opposed. Councilors Bourque, Fleurent, Mills, Laverriere and G. Lamontagne in favor. Motion carries.

Vote on ordinance: 5/4; Councilors Boston, Emerson, A. Lamontagne and Gagnon opposed. Councilors Bourque, Fleurent, Mills, Laverriere and G. Lamontagne in favor. Motion carries.

Second Reading: 2010.47a) Remove from Table/Amendment/Ch. 2, Administration/Add new section – Division 6, Property Tax and Rent Refund Motion by Councilor Mills, seconded by Councilor Fleurent to remove the ordinance from the table. Vote: 4/5; Councilors Fleurent, Bourque, G. Lamontagne and Mills in favor. Councilors Emerson, A. Lamontagne, Laverriere, Gagnon and Boston opposed. Motion to remove from table fails.

Orders of the Day: 2010.92 IN BOARD OF CITY COUNCIL...SEPTEMBER 7, 2010 BE IT ORDERED, that the City Manager be authorized to sign a 3-year contract for the seasonal turf management program with Boston Co. for $28,427 per year as per the letter dated July 22, 2010 and the conditions contained therein. The term shall begin with the 2011 season. The funding is included annually in the Department 21165 Parks Maintenance budget.

Note: The Finance Committee approved this item on August 2, 2010. The contract shall be termed such that failure to fund the program in the budget will void the City’s obligation.

Motion by Councilor Laverriere, seconded by Councilor Boston to grant the order. Vote: Unanimous.

2010.93 IN BOARD OF CITY COUNCIL…SEPTEMBER 7, 2010 BE IT ORDAINED, by the City Council of Biddeford, Maine to amend the Code of Ordinances of the City of Biddeford as follows:

Part III (Land Development Regulations), Article V (Establishment of Zones), TABLE A:

Article VI B-2 I-1 I-2 I-3 Medical Section1 C C C Medical Marijuana Dispensaries 23, 24 23, 24 23, 24

2 Medical Marijuana Growing C C Facilities 23 23

Part III (Land Development Regulations), Article V (Establishment of Zones), TABLE A, Notes:

23. All Medical Marijuana Dispensaries and Growing Facilities shall be governed by, and subject to, the Maine Department of Health and Human Services, Division of Licensing and Regulatory Services, 10-144 CMR Chapter 122 (as amended).

24. Medical Marijuana Dispensaries shall be Conditional Uses in the B-2 Zone only as follows: (a) West of Interstate 95; and (b) In the Route 1 area, south of Travers Street (i.e., the B-2 Zone south of, and including, now or formerly, Biddeford Tax Map 18, Lots 1 and 1-3, and Biddeford Tax Map 88, Lot 5).

Note 1: Since the Moratorium is set to expire September 12, 2010, Staff recommends that the City Council pass the amendments as emergency amendments to take effect immediately upon passage, so as to take effect prior to the moratorium’s expiration of September 12, 2010. Note: Charter Reference: Article III, §8. Procedure.

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

Motion by Councilor Boston, seconded by Councilor Gagnon to amend the ordinance by removing all but the Use in the I-3 Zone for Medical Marijuana Dispensaries; and to remove Medical Marijuana Growing Facilities completely.

Motion by Councilor Emerson, seconded by Councilor Boston to amend the amendment to change the Use in the I-3 Zone from conditional use to permitted use. Vote: 3/6; Councilors Emerson, Boston and Gagnon in favor. Councilors Bouruqe, Fleurent, A. Lamontagne, Mills, Laverriere and G. Lamontagne opposed. The 2nd amendment fails.

Vote on 1st amendment: 6/3; Councilors Bourque, G. Lamontagne and Mills opposed. Councilors Emerson, Fleurent, A. Lamontagne, Laverriere, Gagnon and Boston in favor. Amendment carries.

Vote on ordinance, as amended: 5/4; Councilors Fleurent, Bourque, G. Lamontagne and Mills opposed. Councilors Emerson, A. Lamontagne, Laverriere, Gagnon and Boston in favor. 1st Reading carries.

Motion by Councilor Laverriere, seconded by Councilor G. Lamontagne to suspend the rules to allow for the 2nd Reading so that this ordinance may take effect immediately upon passage, so as to take effect prior to the moratorium’s expiration of September 12, 2010. Vote: 8/1; Councilor Fleurent opposed. Councilors Emerson, Bourque, A. Lamontagne, Mills, Laverriere, Gagnon, Boston and G. Lamontagne in favor. Motion carries.

Vote on 2nd Reading: 8/1; Councilor Fleurent opposed. Councilors Emerson, Bourque, A. Lamontagne, Mills, Laverriere, Gagnon, Boston and G. Lamontagne in favor. 2nd Reading carries.

3 2010.94 IN BOARD OF CITY COUNCIL…SEPTEMBER 7, 2010 BE IT ORDAINED by the City Council of Biddeford, Maine to amend the Code of Ordinances of the City of Biddeford as follows:

Part III (Land Development Regulations) Article XIII (Amendments), § 3 (Contract and Conditional Zoning) is amended as follows:

Contract Zone #12 Developers Collaborative Predevelopment, LLC (Map 39, Lot 40).

BE IT FURTHER ORDAINED by the City Council of Biddeford, Maine that Contract Zone #12, Developers Collaborative Predevelopment, LLC, as recommended by the Planning Board on September 1, 2010, be adopted, and that said Contract Zone be considered an amendment to the Zoning Ordinance and the Official Zoning Map of the City of Biddeford,

BE IT ORDERED that the City Manager be authorized to sign and execute an agreement between the City of Biddeford and Developers Collaborative Predevelopment, LLC to establish Contract Zone #12.

Note 1: Attached is documentation from the City Planner regarding Contract Zone #12.

Note 2: The Applicant has requested this be enacted as an Emergency Order to facilitate their timeline related to applications for financing.

Motion by Councilor Mills, seconded by Councilor Boston to grant the first reading of the order. Vote: 6/3; Councilors Fleurent, Bourque and G. Lamontagne opposed. Councilors Emerson, A. Lamontagne, Mills, Laverriere, Gagnon and Boston in favor. 1st Reading carries.

Motion by Councilor Mills, seconded by Councilor Emerson to suspend the rules to allow for the 2nd Reading, which had been requested by the Applicant in order to facilitate their timeline related to applications for financing. Vote: 6/3; Councilors Fleurent, Bourque and G. Lamontagne opposed. Councilors Emerson, A. Lamontagne, Mills, Laverriere, Gagnon and Boston in favor.

Vote on 2nd Reading: 6/3; Councilors Fleurent, Bourque and G. Lamontagne opposed. Councilors Emerson, A. Lamontagne, Mills, Laverriere, Gagnon and Boston in favor. 2nd Reading carries.

2010.95 IN BOARD OF CITY COUNCIL..SEPTEMBER 7, 2010 BE IT ORDAINED, by the City Council of the City of Biddeford that the Revised Code of Ordinances, Chapter 2, Article V Finance, Division I, Generally, is hereby amended by adding a section to be numbered 2-327, which section reads as follows:

Sec. 2-327 Municipal Service Fee.

A) Authority :

Pursuant to 36 M.R.S.A. §508, the City of Biddeford may impose a municipal service fee on tax- exempt entities deriving income from the rental of residential real estate.

B) Applicable to Properties Exempt from Property Taxes.

1. Exempted Property: Pursuant to 36 M.R.S.A. §652, properties in the City that are owned by benevolent and charitable institutions shall be exempt from property taxation. This section incorporates by reference the definitions of “benevolent and charitable institutions in accordance with 36 M.R.S.A. §652.

4 2. Municipal Service Fee Imposed On property Used as Rental Property; Exception. Pursuant to authority granted under 36 M.R.S.A. §508, the owners of residential properties exempt from taxation under 36 M.R.S.A. §652 that are used to provide rental income (with the exception of student housing or parsonages), and for which a landlord/tenant relationship exists; shall pay to the City of Biddeford a service fee in lieu of a property tax.

3. Calculation of Fee. The fee for services in lieu of property tax shall be calculated according to the actual costs of providing municipal services to the property. Municipal services included in the calculation shall mean and include all services provided by the City of Biddeford except for education and welfare. In no instance shall this fee exceed two percent (2%) of the gross annual revenues of the institution or organization, derived from the rental of residential units located within the City of Biddeford.

4. Appeals: Any property owned against which a service charge in lieu of property tax has been levied shall have the right to appeal this levy to the Board of Assessment Review.

NOTE: The Policy Committee considered this item at their March 8, 2010 meeting and it failed due to lack of a motion.

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

Motion by Councilor G. Lamontagne, seconded by Councilor Gagnon to table the ordinance until the next meeting. Vote: 8/1; Councilor Mills opposed. Councilors Emerson, Bourque, Fleurent, A. Lamontagne, Laverriere, Gagnon, Boston and G. Lamontagne in favor. Motion to table carries.

Appointments: IN BOARD OF CITY COUNCIL..SEPTEMBER 7, 2010 ORDERED, that I, Joanne T. Twomey, Mayor of the City of Biddeford, do hereby appoint: Thomas Craven 56 L.B. Orcutt Blvd Ward 1 to the Conservation Commission for a term to expire December 2014.

Motion by Councilor Gagnon, seconded by Councilor Boston to confirm the appointment. Vote: Unanimous.

IN BOARD OF CITY COUNCIL…SEPTEMBER 7, 2010 ORDERED, that I, Joanne T. Twomey, Mayor of the City of Biddeford, do hereby appoint the following City Councilors to the Social Services Committee:

George Lamontagne, At-Large David Bourque, Ward 2 Clement Fleurent, Ward 3 Bob Mills, Ward 5 Raymond Gagnon, Ward 7

Motion by Councilor Mills, seconded by Councilor Laverriere to confirm the appointments. Vote: Unanimous.

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

Mayor Twomey took this opportunity to recognize John for being recently awarded City Manager of the Year for the State of Maine.

5 Motion by Councilor Laverriere, seconded by Councilor G. Lamontagne to suspend the rules to extend the meeting past 10:00 p.m. Vote: Unanimous.

Other Business: Councilor Gagnon: asked if there was any way that the afternoon buses at the high school could wait a few minutes longer for students who have to return laptops and go to their lockers. He feels the buses depart from the high school way too quickly, and it does not leave enough time for students to make the afternoon buses. Mayor Twomey explained that nothing could be done about this since the buses already run on a very tight schedule.

Councilor Boston: reminded the Council of a meeting for “Making Maine Work: Critical Investments for Maine’s Economy,” scheduled for Monday, September 13th at 7:30 a.m. at the City Theatre here in Biddeford.

She asked about the process of the Local PACE Program is. Councilor Mills informed her that the Local PACE Program is an agenda item for the Sept. 13th Policy Committee meeting.

Council President Addressing the Council: Councilor Mills publicly stated that he received an anonymous email regarding foxes, wolves and coyotes being spotted in the Elm/Travers Street area. He has passed the concern on to the Animal Control Officer.

He expressed his disappointment that the Tax and Rent Refund ordinance was not removed from the table earlier in this meeting; especially due to the many committee and staff hours that have been spent on this particular ordinance.

Mayor Addressing the Council: Mayor Twomey expressed her frustration with how some issues played out at tonight’s meeting. She too, is disappointed and upset with the way the Tax and Rent Refund ordinance was not removed from table and considered.

She then denied comments that were made by a citizen in a letter to the editor that she questioned him about what he had been talking to a councilor about and about him paying his taxes.

Executive Session:  1 M.R.S.A. 405(6)(C)…Property Issue  1 M.R.S.A. 405(6)(E)…Consultation with the City Attorney

Motion by Councilor Mills, seconded by Councilor Bourque to move into Executive Session. Vote: Unanimous. Time: 10:11 p.m.

Motion by Councilor Boston, seconded by Councilor Mills to move out of Executive Session. Vote: Unanimous. Time: 11:01 p.m.

Motion by Councilor Mills, seconded by Councilor G. Lamontagne to adjourn. Vote: Unanimous. Time: 11:01 p.m.

Attest by:______Carmen J. Lemieux, City Clerk