MUNICIPAL OFFICERS MEETING
DECEMBER 7, 2011
Mayor Casavant called the meeting to order at 7:03 p.m.
Roll Call: Michael Swanton, David Bourque, Bradley Cote, Melissa Bednarowski, Bob Mills, Rick Laverriere, David Flood, Richard Rhames, Roch Angers
The Council honored the Flag by reciting the Pledge of Allegiance.
Adjustments to the Agenda:
Ø Add Game of Chance Application – AMVETS, Post #1
Ø Add Beano/Bingo Application – Rochambeau Club
Game of Chance Applications:
Ø York County Veterans Alliance
Ø AMVETS, Post #1
Motion by Councilor Laverriere, seconded by Councilor Mills to grant the Game of Chance application to York County Veterans Alliance.
Vote: Unanimous.
Motion by Councilor Laverriere, seconded by Councilor Bourque to grant the Game of Chance application to AMVETS, Post #1.
Vote: Unanimous.
Beano/Bingo Application: Rochambeau Club
Motion by Councilor Angers, seconded by Councilor Laverriere to grant the Beano/Bingo application to the Rochambeau Club.
Vote: Unanimous.
Community Notes: There were none at this time.
Public Addressing the Council..(5 minute limit per speaker)
No citizens addressed the Council.
Motion by Councilor Laverriere, seconded by Councilor Bednarowski to adjourn.
Vote: Unanimous. Time: 7:07 p.m.
COUNCIL MEETING
DECEMBER 7, 2011
Mayor Casavant called the meeting to order at 7:07 p.m.
Roll Call: Michael Swanton, David Bourque, Bradley Cote, Melissa Bednarowski, Bob Mills, Rick Laverriere, David Flood, Richard Rhames, Roch Angers
There were no adjustments to the agenda.
Consideration of Minutes: November 15, 2011
Motion by Councilor Laverriere, seconded by Councilor Mills to accept the minutes as printed.
Vote: Unanimous.
Orders of the Day:
2011.80 IN BOARD OF CITY COUNCIL..DECEMBER 7, 2011
BE IT ORDERED, that the City Council of the City of Biddeford elect a Council President.
Councilor Cote nominated Councilor Angers as Council President, seconded by Councilor Flood.
Councilor Mills nominated Councilor Laverriere as Council President, seconded by Councilor Bourque.
Vote on Councilor Angers nomination: 4/5; Councilors Angers, Flood, Cote and Swanton in favor.
Councilors Bourque, Bednarowski, Mills, Laverriere and Rhames opposed.
Nomination fails.
Vote on Councilor Laverriere nomination: 8/1; Councilor Cote opposed.
Councilors Swanton, Bourque, Bednarowski, Mills, Laverriere, Flood, Rhames and Angers in favor.
Nomination carries.
2011.81 IN BOARD OF CITY COUNCIL..DECEMBER 7, 2011
BE IT ORDERED, that the City Council of the City of Biddeford does hereby adopt Roberts Rules of Order, in conjunction with Code of Ordinances, Appendix A, Rules of the Council.
Motion by Councilor Laverriere, seconded by Councilor Mills to grant the order.
Motion by Councilor Rhames, seconded by Councilor Mills to amend Appendix A, Rules of the Council, that any reference to a 2/3rds vote be stricken.
Vote: Unanimous.
{There was discussion that the Policy Committee be charged with going through Appendix A, Rules of the Council, and make additional amendments, as needed and bring back to full Council for consideration.}
Vote on order, as amended: Unanimous.
2011.82 IN BOARD OF CITY COUNCIL..DECEMBER 7, 2011
BE IT ORDERED, that Mayor Casavant’s nominations of John Bubier to be City Manager, Carmen J. Morris to be City Clerk, Roger P. Beaupre to be Police Chief and Joseph Warren to be Fire Chief be confirmed.
Note: This item is required by Article II, Section 2, of the City Charter. Although this procedure is established in the City Charter, state statute has been interpreted by the City Solicitor that due process is required for the removal of municipal officials and employees. Due process requires adequate notice, a hearing (if requested) and “cause” for removal. For this reason, the reappointment of the above named officials should be considered procedural.
BE IT FURTHER ORDERED that Mayor Casavant’s appointment of Keith R. Jacques and the firm of Woodman Edmands Danylik, Austin & Jacques, P.A., as City Solicitor, in accordance with the Charter of the City of Biddeford be confirmed.
Motion by Councilor Laverriere, seconded by Councilor Mills to confirm the appointments.
Motion by Councilor Flood, seconded by Councilor Laverriere to move into Executive Session, pursuant to 1 M.R.S.A. 405(6)(A) – Personnel Issue.
Vote: 8/1; Councilor Mills opposed.
Councilors Swanton, Bourque, Cote, Bednarowski, Laverriere, Flood, Rhames and Angers in favor. Motion carries. Time: 7:28 p.m.
Motion by Councilor Laverriere, seconded by Councilor Mills to move out of Executive Session.
Vote: Unanimous. Time: 7:56 p.m.
Vote to confirm officials and City Solicitor: Unanimous.
2011.83 IN BOARD OF CITY COUNCIL..DECEMBER 7, 2011
BE IT ORDERED, that Mayor Alan Casavant’s appointment to the Finance Committee be confirmed.
BRADLEY COTE
Motion by Councilor Angers, seconded by Councilor Mills to confirm the Mayor’s appointment to the Finance Committee.
Vote: 8/1; Councilor Bednarowski opposed.
Councilors Swanton, Bourque, Cote, Mills, Laverriere, Flood, Rhames and Angers in favor. Appointment is confirmed.
2011.84 IN BOARD OF CITY COUNCIL..DECEMBER 7, 2011
BE IT ORDERED, that the Council President’s appointment to the Finance Committee be confirmed.
MELISSA BEDNAROWSKI
Motion by Councilor Mills, seconded by Councilor Angers to confirm Council President Laverriere’s appointment to the Finance Committee.
Vote: Unanimous.
2011.85 IN BOARD OF CITY COUNCIL... DECEMBER 7, 2011
WHEREAS, the City of Biddeford has previously approved Allied/Cook Construction as construction manager at risk for renovations to the Public Access facility, now therefore,
BE IT ORDERED, that an amount not to exceed $470,700 for such renovations is approved, to be paid from Public Access funds in the form of an internal financing arrangement with the City’s General Fund. The Finance Director is authorized to advance General Fund resources of up to $450,000, to be repaid from Public Access funds at 2% interest by 10 equal payments of no more than $50,096.94 each.
NOTE: The Finance Committee approved the internal loan concept at its November 1, 2011 meeting and considered the project amount at its November 15, 2011 meeting, voting 3-1 to send it on to Council (Councilor Gagnon opposed). The difference of $20,700 will be covered by funding budgeted for building renovations in the FY2012 budget. Should the total financed be less than the maximum authorization, annual payments will be reduced accordingly.
Motion by Councilor Laverriere, seconded by Councilor Rhames to grant the order.
Vote: 8/1; Councilor Angers opposed.
Councilors Swanton, Bourque, Cote, Bednarowski, Mills, Laverriere, Flood and Rhames in favor. Motion carries.
2011.86 IN BOARD OF CITY COUNCIL..DECEMBER 7, 2011
BE IT ORDERED, that the City Manager be authorized to receive, execute, and record a deed from Winterberry Acres Owners Association to accept Arrowwood Drive and Violet Lane as public ways subject to the conditions outlined in the Planning Engineer’s memo of November 29, 2011.
NOTE: The Capital Projects Committee discussed this item October 13, 2011, and voted in favor of recommending these streets to the City Council for formal acceptance with conditions as outlined in the Planning Engineer’s memo of October 5, 2011. Those conditions have been met.
Motion by Councilor Laverriere, seconded by Councilor Mills to grant the order.
Vote: Unanimous.
Appointment:
IN BOARD OF CITY COUNCIL…DECEMBER 7, 2011
ORDERED, that I, Alan M. Casavant, Mayor of the City of Biddeford, do hereby
re-appoint:
Peter Mourmouras
503 Elm Street
Ward 7
to the Zoning Board of Appeals , with a term to expire December 2013.
Motion by Councilor Laverriere, seconded by Councilor Angers to confirm the appointment.
Vote: Unanimous.
City Manager Report: was given in writing.
Other Business:
Councilor Rhames: made the argument that the microphones on the council bench really should be left on during the whole council meeting. There is an on-going problem with the councilors and staff not remembering to turn their mics on when they are speaking, which causes frustration for those watching the meeting at home. Mayor Casavant agreed and instructed the councilors to leave their mics on for the duration of the council meetings.
Councilor Flood: shared an article in Forbes magazine that ranks Maine as one of the worse states to do business in; and then shared another publication that shows Maine’s unemployment rate lower than previous years. These conflicting reports are interesting.
Councilor Flood also praised all those who made last Friday’s Downtown Holiday festivities a success. Many people attended and had lots of fun.
Councilor Cote: echoed the comments of Councilor Flood regarding the Downtown Holiday festivities. He brought his young children and had a wonderful time.
Councilor Bourque: extended his congratulations to Councilor Laverriere in becoming this Council’s new Council President. He also expressed his eagerness to working with this council.
Council President Addressing the Council: Councilor Laverriere thanked the council for their support in his position as Council President. He, like Councilor Bourque, is looking forward to working with everyone.
Mayor Casavant Addressing the Council: joked that running this first council meeting with this new administration was more nerve-wracking than the Inauguration! He thanked the Council for their patience as he muddled through tonight’s meeting and he is looking forward to the next two years.
Mayor Casavant also announced that an organizational meeting for Biddeford Winter Carnival in February has been scheduled for Tuesday, Dec. 13th at 7:00 p.m. at the Community Center in the LaKermesse Room. He encouraged everyone to get involved and help to make Biddeford’s 1st Annual Winter Carnival a success.
Motion by Councilor Laverriere, seconded by Councilor Mills to adjourn.
Vote: Unanimous. Time: 8:41 p.m.
Attest by:______
Carmen J. Morris, City Clerk
4