SOUTH BERWICK TOWN COUNCIL
JUNE 15, 2009
Chairman Jean Demetracopoulos called the meeting to order at 6:35pm. Those present included Councilors Michelle Kareckas, David Burke, David E. Webster, and Gerald W. MacPherson, Sr. Town Manager John B. Schempf was also in attendance.
APPROVAL OF MINUTES
1. Public Hearing - Post-Construction Stormwater Management 5-26-09: On a motion by Mr. Webster, seconded by Mr. Burke, it was unanimously voted to adopt the minutes as written.
2. Town Council 5-26-09: On a motion by Mrs. Kareckas, seconded by MacPherson, it was unanimously voted to adopt the minutes as written.
SIGNING OF TREASURER'S WARRANT – June 15, 2009
On a motion by Mrs. Kareckas, seconded by Mr. Webster, it was unanimously voted to sign the warrant.
COUNCIL MEMBER COMMENTS
1. Mr. Burke:
-Congratulated Jennifer Houghton (The Little Hat Co) and others involved for a great job on the inaugural Kid’s Day.
2. Mr. Webster:
-Congratulated everyone involved with organizing the Kid’s Day.
3. Mrs. Kareckas:
-Asked if a special revenue account for Stormwater Management had been established yet.
-Received clarification that the Town is not paying anything for the Comcast build-out; the subscribers are paying the cost. The franchise fee received by the Town is not paid back to Comcast.
4. Mrs. Demetracopoulos:
-Announced the following – Shoreland Zoning workshop with Planning on 6/16, on 6/17 the Chair & Manager will attend the county volunteer EMA recognition dinner, Traffic feasibility meeting on 6/23, and on 6/24 members of the Council will attend the Tri-Berwick meeting in Berwick.
-SAD lunch postponed until June 24th.
-New FEMA flood zone maps are now available in the Code Office.
-A Comcast representative has tentatively agreed to attend a July meeting.
-Asked if we have locked in a price for heating oil. Not yet.
-Asked what the status is of the old cruiser and skid steer that the Town has replaced. They will be disposed of after July 1st.
-Congratulated the organizers for a great Kid’s Day celebration.
-Announced the following board vacancies (as of July): 2 Conservation Commission, 1 EDC, 2 Library Advisory, 1 Planning Board Alternate, and 1 Zoning Board of Appeals.
TOWN MANAGER'S REPORT
-Prior to town meeting attended the regular regionalization meeting.
-On June 4th, the York County managers met to discuss area issues, especially the need for state representatives to push harder to support York County.
-Kid’s Day was a great event and well attended.
-On June 5th attended the Maine Downtown Conference. Impressed with energy & enthusiasm. A great resource.
-Met with Central School regarding the proposed traffic plans. The Principal and SAD Business Manager were eager to get started.
-Provided a breakdown of the cuts made at town meeting, based on resident comments: contracts for field maintenance have been cut by $13,000, compensated absence reserve has been decreased by $10,000, and $5,000 was cut from each of the following capital reserve accounts: office equip, police equip, transfer station equip, and buildings. And the proposed $250,000 for roads was reduced to $132,000.
PUBLIC COMMENT
1. Richard Clough, Academy St, expressed his concerns that a couple of councilors voted in favor of the school budget at their meeting on June 2nd.
2. Audrey Fortier, Rodier Rd, recommended that the Town put up a sign-up sheet for volunteers to help with putting out the flags for holidays.
3. Karen Webster, Tamarack Dr, asked about defibrillators for municipal buildings. Mr. Schempf stated that we do not have any yet. Staff would need to be trained. She also recommended locking in the price of heating oil before prices rise too much. Mrs. Webster suggested that department heads develop a wish list for items that may be donated.
4. Ruth Boston, Emery’s Bridge Rd, asked if anything will be done about horse droppings. She questioned the status of a by-pass and the Balancing Rock. She also recommended that the ball fields by Aggie Estates be used for festivals instead of downtown. Mrs. Boston asked if there will be a change to parents dropping kids off at Central School. (Using the lot on Young St instead of Main St)
5. Suzanne Roberge, Berwick Rd, as a member of the cemetery association, expressed her thanks for the contribution of manpower & equipment provided by the Town.
UNFINISHED BUSINESS
1A. Chapter 108 Post-Construction Stormwater Management: brief discussion regarding the addition of a grandfather clause – no action. Mrs. Kareckas made a motion to adopt Chapter 108 Post-Construction Stormwater Management Ordinance. Mr. MacPherson seconded.
Mr. Burke stated that he was not in favor of the new ordinance or the associated changes to the other ordinances. He explained that with no base line water quality tests, there is no way to know if it’s working. He added that this is merely “feel good” legislation that increases the burden on development.
The motion to adopt Chapter 108 passed with a vote of 4-1 (Mr. Burke opposed).
On a motion by Mrs. Kareckas, seconded by Mr. Webster, it was voted 4-1 (Mr. Burke opposed) to adopt the amendments to Chapter 121, Subdivision of Land associated with Chapter 108.
On a motion by Mr. Webster, seconded by Mr. MacPherson, it was voted 4-1 (Mr. Burke opposed) to adopt the amendments to Chapter 140, Zoning associated with Chapter 108.
NEW BUSINESS
1A. On a motion by Mrs. Kareckas, seconded by Mr. Burke, it was unanimously voted to sign the warrant calling the special town meeting on June 29th at 6:30pm.
1B. On a motion by Mr. MacPherson, seconded by Mr. Burke, it was unanimously voted to authorize the Acting Police Chief to apply for the State of Maine ATV Enforcement Grant.
1C. On a motion by Mr. MacPherson, seconded by Mr. Webster, it was unanimously voted to approve the renewal of Pepperland Café’s liquor license and special amusement permit.
1D. The Council discussed the pending legislation LD 1432, creation of a recreational saltwater fishing registry. The legislation would require the Town to accept registration materials for the saltwater registry without receiving any compensation.
Eric Pelchat, Front St, stated that he contacted the Senator sponsoring the bill and was told that the bill has been introduced to head-off a federal licensing program. The bill is in committee and the Senator plans on offering an amendment that would allow a $1.00 fee for the clerks. (Clerk fees are general revenue for the Town) Mr. Pelchat stated that because the bill would not require fishermen to pay a fee, he is in favor of it.
After discussion, the general consensus of the Council was that more information from the legislature would be helpful.
On a motion by Mr. Burke, seconded by Mrs. Kareckas, it was unanimously voted to send a letter to our representatives stating that South Berwick does not support the concept and we are vehemently against saltwater fishing licensing and any fees associated with it at this time.
The Manager received confirmation that the Council would like to be made aware of similar issues in the future.
1E. Personnel Policy §31-95A: The Manager explained that the request is to change the section by deleting the language stating the ACO is not an emergency responder. This would allow for the ACO to take the vehicle home. The vehicle sits too much and the ACO is often needed during off hours. Discussion ensued regarding the accountability of mileage, personal use, and the Town’s insurance.
On a motion by Mrs. Kareckas, seconded by Mr. Burke, it was unanimously voted to amend the Personnel Policy, §31-95A, Use of Town Vehicles by deleting the last sentence that reads ‘For the purposes of this policy, the Town’s Animal Control Officer (ACO) is not considered to be a position which is required to respond to emergency calls’.
ADJOURNMENT
On a motion by Mr. Burke, seconded by Mrs. Kareckas, it was unanimously voted to adjourn the meeting at 7:55pm.
Attest:
Barbara Bennett, CCM
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