MUNICIPAL OFFICERS MEETING APRIL

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					                            MUNICIPAL OFFICERS MEETING
                                   APRIL 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 License: York County Arena Association
Motion by Councilor Laverriere, seconded by Councilor Mills to grant the liquor license to the
York County Arena Association.
Vote: 8/1; Councilor Fleurent opposed.
Councilors Boston, Staples, Deschambault, Mills, Laverriere, Gagnon, Flood and Lamontagne in
favor. Motion carries.

Game of Chance Application: St. Andre’s Church
Motion by Councilor Lamontagne, seconded by Councilor Boston to grant the Game of Chance
Application to St. Andre’s Church.
Vote: Unanimous.

Community Notes: Mayor Twomey read and presented a Proclamation to Samuel B. Putney in
honor of his attainment of the Eagle Scout Award.

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


                                    COUNCIL MEETING
                                      APRIL 21, 2009

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

Roll Call: Patricia Boston, J. Fred Staples, Clement Fleurent, Susan Deschambault, Bob Mills,
Rick Laverriere, Raymond Gagnon, David Flood, George Lamontagne

Adjustment to the Agenda:
    Add: Executive Session: 1 M.R.S.A. 405(6)(D) & (E) – Discussion of Legal Matters

Consideration of Minutes: April 7, 2009
Motion by Councilor Lamontagne, seconded by Councilor Laverriere 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 April 7, 2009}

2009.16) Amendment/Land Use Regulations – Article XIII – Contract & Conditional
Zoning/Mariner Tower Contract Zone
Motion by Councilor Laverriere, seconded by Councilor Staples to grant the second reading of
the order.
Vote: Unanimous.




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Orders of the Day:
2009.21                             IN BOARD OF CITY COUNCIL..APRIL 21, 2009
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 42-90
No Parking be amended by deleting the following:

Wentworth Street, northwesterly side, from South Street, to Mason Street.

NOTE: The Capital Projects/Operations Committee considered this amendment at their April 9,
2009 meeting and voted unanimously to send to Council for approval.

Motion by Councilor Mills, seconded by Councilor Fleurent to grant the first reading of the
order.
Vote: Unanimous.

2009.22                             IN BOARD OF CITY COUNCIL..APRIL 21, 2009
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 42-90
No Parking be amended by adding the following:

Wentworth Street, odd-numbered side, beginning at the intersection with South Street, thence
southerly to the intersection with Mason Street.

NOTE: The Capital Projects/Operations Committee considered this amendment at their April 9,
2009 meeting and voted unanimously to send to Council for approval.

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

2009.23                                 IN BOARD OF CITY COUNCIL..APRIL 21, 2009
BE IT ORDAINED, by the City Council of the City of Biddeford that the Code of Ordinances, Chapter
46, Parks and Recreation, Article IV Parks and Recreation Facilities be amended by ADDING the
following:

Sec. 46.76.2 Tobacco-Free Recreational Facilities

Definitions:
(1) “Tobacco” includes but is not limited to cigarettes, cigars, snuff, pipes and spit tobacco.
(2) “Tobacco Free Zone” includes, city owned playgrounds and sports fields.
Rule:
A person may not use any form of tobacco:
(a) in a Tobacco Free Zone
(b) Sign(s) shall be posted indicating to the general public that the area so posted is a “Tobacco Free
Zone”
 Enforcement:
(a) Recreation and Parks staff shall notify community organizations and distribute post Tobacco Free
Zone signs at designated locations.
(b) Recreation and Parks staff shall monitor compliance.
(c) For any person who violates the tobacco-free rule, Recreation and Parks staff, or other person
designated by the Recreation Director, shall request that the person cease the use of tobacco and give a
verbal warning. If the person refuses to cease, others authorized by the Director may request that the
person leave the Tobacco Free Zone. Refusal of any person to leave the Tobacco Free Zone as requested
is considered a trespass, for which the police may enforce in accordance with State of Maine law.

NOTE: The Policy Committee considered this item at their April 14, 2009 meeting and voted
unanimously to send to Council for approval.

Motion by Councilor Mills, seconded by Councilor Boston to grant the first reading of the order.
Vote: 8/1; Councilor Laverriere opposed.
Councilors Boston, Staples, Fleurent, Deschambault, Mills, Gagnon, Flood and Lamontagne in
favor. Motion carries.




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2009.24                           IN BOARD OF CITY COUNCIL..APRIL 21, 2009
BE IT ORDAINED, by the City Council of the City of Biddeford that the Code of Ordinances, Chapter
46, PARKS AND RECREATION, Article IV. Parks and Recreation Facilities, Section 46-77 Rotary Park
be amended by ADDING / DELETING as follows:

ARTICLE IV. PARKS AND RECREATION FACILITIES & DOG PARK

Sec. 46-77. Rotary Park & Dog Park

The following additional rules are in effect for Rotary Park, located at 550 Main Street (GIS 32-2):

(1) Except as specifically authorized in writing by the Recreation Director, Park hours are from dawn to
dusk.
(2) Speed limit: Seven miles per hour.
(3) Horses or horse-drawn vehicles or dogs may not use any part of the beach between the hours of 9:00
a.m. and 8:00 p.m. from May 25 to September 15 of each year.
(4) Motor vehicles and bicycles are allowed to use the main road and parking areas only. No
unauthorized vehicles, including but not limited to snowmobiles and all-terrain vehicles (ATVs), are
permitted in the park.
(5) Primarily the Biddeford Youth Football Association/Biddeford Youth Cheering will use the
Redmond Football fields during the months of August through October annually. Ages eight--13 will be
permitted in this program and given priority use of this through youth football. These fields are not
intended for any adults sport activity unless given written permission by the Biddeford Recreation
Director.
(6) An area within Rotary Park shall be designated by the Recreation Commission for exclusive use as a
Dog Park. This area shall be fenced in, and in addition to the existing rules governing Rotary Park, the
entrance to the Dog Park shall be posted with the following rules:

        a) The gate shall be properly and securely latched except as necessary for
            entering and exiting.
        b) Dog(s) must be leashed while outside the fenced in area.
        c) Dog(s) must be properly licensed
        d) Prong / Spike collars are prohibited
        e) Dog(s) must be at least six (6) months old
        f) Dog(s) that are sick or in Heat are prohibited
        g) Children under the age 12 years of age must be accompanied by an adult .
        h) Dog(s) must remain under the control of the owner/ handler at all times.
        i) Owner(s) must accompany the dog(s) within the fenced in area.
        j) No more than two (2) dog(s) per owner / handler
        k) Owner / handler must be in possession of a leash for each dog under his
            control
        l) Owner / handler is responsible for and must pick up and properly dispose of
           any dog waste
        m) No food, smoking or glass containers are permitted
        n) Dog Toys are discouraged
        o) No digging
        p) No excessive or aggressive barking is allowed


NOTE: The Policy Committee considered this item at their April 14, 2009 meeting and voted 4 to 1 to
send to Council for approval.

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

Motion by Councilor Deschambault, seconded by Councilor Staples to table this ordinance and
send it back to the Policy Committee.
Councilors Deschambault and Staples withdrew their motion.

Motion by Councilor Flood, seconded by Councilor Mills to amend the ordinance by adding to
Sec. 46-77 (6) q) All persons entering the dog park do so at their own risk and fully release the
City of Biddeford from any and all claims which may arise directly or indirectly from the use of
the dog park.
Vote: 6/3; Councilors Boston, Deschambault and Staples opposed.
Councilors Fleurent, Mills, Laverriere, Gagnon, Flood and Lamontagne in favor.
Amendment carries.
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Motion by Councilor Staples, seconded by Councilor Boston to table the ordinance and send
back to the Policy Committee so that issues brought forward by the City Attorney may be
addressed and possibly incorporated in the ordinance.
Vote: 4/5; Councilors Boston, Staples, Fleurent and Deschambault in favor.
Councilors Mills, Laverriere, Gagnon, Flood and Lamontagne opposed.
Motion to table fails.

Mayor Twomey called for a five minute recess.                                Time: 8:15 p.m.
Mayor Twomey called the meeting back to order.                               Time: 8:20 p.m.

Motion by Councilor Mills, seconded by Councilor Laverriere to move the question.
Vote: 7/2; Councilors Boston and Staples opposed.
Councilors Fleurent, Deschambault, Mills, Laverriere, Gagnon, Flood and Lamontagne in favor.
Motion carries.

Vote on first reading, as amended: 5/4; Councilors Boston, Staples, Fleurent and Deschambault
opposed.
Councilors Mills, Laverriere, Gagnon, Flood and Lamontagne in favor.
Motion carries.

2009.25                          IN BOARD OF CITY COUNCIL..APRIL 21, 2009
BE IT ORDAINED, by the City Council of the City of Biddeford that the Code of Ordinances,
Chapter 2, ADMINISTRATION, Article V. FINANCE, DIVISION 2, PROCUREMENT,
Section 2-236 (c ) be amended by ADDING / DELETING as follows:

Sec. 2-336. Competitive sealed bidding.

(a) All contracts of the city for purchases of supplies or construction at or in excess of
$3,000.00 and for the purchase of services at or in excess of $3,000.00 shall be awarded by
competitive sealed bidding except as otherwise provided in this article.

(b) An invitation to bid shall be issued and shall include specifications and all contractual terms
and conditions applicable to the procurement.

(c) Adequate public notice of the invitation to bid shall be given for a reasonable time, but not
less than ten calendar days prior to the date set forth therein for the opening of bids. Such notice
shall include publication in a newspaper of general circulation a reasonable time prior to bid
opening; and shall be posted in a conspicuous place on the city’s internet website, in a place
designated for this purpose. The This public notice shall minimally state the place, date and time
of the bid opening.

NOTE: The Policy Committee considered this item at their April 14, 2009 meeting and voted
unanimously to send to Council for approval.

Motion by Councilor Boston, seconded by Councilor Gagnon to grant the first reading of the
order.
Vote: Unanimous.

Appointments:
                          IN BOARD OF CITY COUNCIL…APRIL 21, 2009
ORDERED, that I, Joanne T. Twomey, Mayor of the City of Biddeford, do hereby
re-appoint:
                                  Alan Dutremble
                               69 Westmore Avenue
                                      Ward 6

to the Recreation Commission for a term to expire December 2014.

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



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                                 IN BOARD OF CITY COUNCIL…APRIL 21, 2009
ORDERED, that I, Joanne T. Twomey, Mayor of the City of Biddeford, do hereby
re-appoint:
                                   Vicky Edgerly
                              Heath & Welfare Director

as the City’s Health Officer for a term to expire April 2012.

NOTE: Per State Law, “Every municipality in the State shall employ a local health officer who
is appointed by the municipal officers of that municipality.”

Motion by Councilor Lamontagne, seconded by Councilor Laverriere to confirm the
appointment.
Vote: Unanimous.

Resignation: Heather Locke…Coastal Area Committee
Mayor Twomey accepted the resignation, with regret.

There was no City Manager Report given.

Other Business:
Councilor Boston: the Public Works Dept. will be collecting limbs, branches and brush leftover
from this past winter’s ice storm, through the week of April 27th to May 1st.

Councilor Lamontagne: pointed out that for the fees that the City pays to rent the fire hydrants,
the hydrants should be maintained a lot better.

Executive Session: 1 M.R.S.A. 405 (6)(D) & (E) – Discussion of Legal Matters
Motion by Councilor Laverriere, seconded by Councilor Staples to move into Executive Session.
Vote: Unanimous.                                                        Time: 8:35 p.m.

Mayor Twomey called the meeting back to order at 9:34 p.m.

Motion by Councilor Laverriere, seconded by Councilor Lamontagne to adjourn.
Vote: Unanimous.                                                      Time: 9:35 p.m.


       Attest by:____________________________________________________________
                                 Carmen J. Lemieux, City Clerk




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