SOUTH BERWICK TOWN COUNCIL
JULY 13, 2009
Chairman Jean Demetracopoulos called the meeting to order at 6:00pm. Those present included Councilors Michelle Kareckas, David Burke, and Gerald W. MacPherson, Sr. Town Manager John B. Schempf was also in attendance.
EXECUTIVE SESSION
On a motion by Mrs. Kareckas, seconded by Mr. Burke, it was unanimously voted to enter executive session at 6:02pm, pursuant to 1MRSA §405.6D, to discuss police union contract negotiations. The Council and Manager moved to the Manager’s office. Councilor David E. Webster arrived during the executive session.
On a motion by Mrs. Kareckas, seconded by Mr. Webster, it was unanimously voted to end the executive session at 6:30pm
APPROVAL OF MINUTES
1. Town Council 6-29-09: On a motion by Mrs. Kareckas, seconded by Mr. MacPherson, it was unanimously voted to adopt the minutes after amending New Business 1A to include the following in the motion “for the purchase price of $106,000 to be taken from the CIP account”.
SIGNING OF TREASURER'S WARRANT – June 30, 2009 & July 13, 2009
June 30, 2009: On a motion by Mr. Burke, seconded by Mr. MacPherson, it was voted 4-0 to sign the warrant. Mr. Webster abstained stating he had not looked it at.
July 13, 2009: On a motion by Mr. Burke, seconded by Mr. MacPherson, it was voted 4-0 to sign the warrant. Mr. Webster abstained stating he had not looked it at.
COUNCIL MEMBER COMMENTS
1. Mr. Webster:
-Stated that for personal reasons he is resigning his position on the Council effective immediately. Mr. Webster then left the Council Chambers.
2. Mrs. Kareckas:
-Requested that Mr. Webster’s resignation be placed on the next agenda.
3. Mr. Burke:
-Questioned whether someone should call Mr. Webster. Chairman Demetracopoulos stated that she would call him.
4. Mrs. Demetracopoulos:
-Stated that the Council has several meetings/workshops coming up – 7/14 Joint workshop with the HDC, 7/16 Open House at the young St property, 7/20 workshop to review goals, manager’s review, and the transfer station.
TOWN MANAGER'S REPORT
-Gave a heads up regarding two upcoming agenda items: cemeteries and the connector between St. Michael’s parking lot and Central School.
PUBLIC COMMENT
1. Eric Pelchat, Front St, questioned the Chair’s ruling regarding the public’s right to address the council after all agenda items have been discussed and prior to adjournment. Mr. Pelchat asked if the manager had researched why the ACO was not allowed to take a vehicle home prior to allowing the practice. Mr. Schempf stated he had not and won’t.
Mr. Pelchat also commented on the discussion of Article 10 of the June 1st Town Meeting. Mrs. Demetracopoulos stated that she received calls discouraging the use of the reserve fund to cover operating expenses for the fields. She added that the council is responsible for the proper management of accounts and using the reserve in this case would be inappropriate. Mrs. Demetracopoulos added that after having met with the groups that use the fields, it was agreed that the town will continue to fertilize the fields and the groups will mow the fields.
Mr. Pelchat expressed his concerns with the Manager’s proposed changes to the charter. He added that he did not feel the proper “homework” was being done.
2. Norma Tutelian, Butler St, asked for the status of the ‘Gully’ (Railroad Ave). Mrs. Demetracopoulos stated that a review of all town owned properties is in the queue.
3. Richard Clough, Academy St, asked if the town had set up tax relief fund required by Title 30, §572. Mr. Schempf stated that it is not required and we have three pages of legal opinion stating so. Mr. Clough also commented on the use of the overlay when setting the tax rate.
4. Pat Mitchem, Witchtrot Rd, on behalf of the Friend’s of the Library, she was glad to see the library project moving forward. She also invited everyone to the open house on Thursday.
5. Suzanne Roberge, Berwick Rd, asked if the cemeteries are going to be discussed on the next agenda if committee members should be present. Mr. Schempf stated that he didn’t know if they should be present, but he would keep that in mind and notify her if so.
UNFINISHED BUSINESS
1A. The Council discussed the disposition of the Fuel Assistance Fund. The First Parish Federated Church is willing to take over handling the funds; and they are very involved in the food pantry. On a motion by Mrs. Kareckas, seconded by Mr. Burke, it was unanimously voted to authorize the transfer of the remaining funds ($14,265.37) in the fuel assistance account to the South Berwick Community Food Pantry.
NEW BUSINESS
1A. The Council discussed the next step in the Library project. Drawings will be needed to assist in the capital fundraising. Pat Mitchem stated that the Friends have been able to raise some money and may be able to contribute to the cost of the drawings. Tom Harmon explained that there is a four step process: feasibility study, schematic drawings, construction drawings, and then bidding & construction.
On a motion by Mrs. Kareckas, seconded by Mr. MacPherson, it was unanimously voted to charge the Building committee to return with their recommendation for a firm to complete the Design Development Drawings for the proposed library in the former St. Michael’s Church.
Mr. Burke stated that he is happy to move forward, but yellow flags are up regarding spending. He added that he wanted to make sure that everyone is on the same page regarding the cost of the project. Mr. Burke added that the private sector is vital to the fundraising efforts.
1B. It was explained that creating a special revenue account for the community garden will allow for better tracking of the funds. Mimi Demers, Belle Marsh Rd, stated that it will also make it clear how much money is available for expenses.
On a motion by Mr. MacPherson, seconded by Mrs. Kareckas, it was unanimously voted to setup a special revenue account for the Community Garden and to move the funds collected this year to the new account.
On a motion by Mr. Burke, seconded by Mrs. Kareckas, to take up business out of order and return to the reports portion of the agenda.
REPORTS & CORRESPONDENCE
1. County Commissioner David Bowles gave the Council a brief update on current budget and jail issues for York County. He stated that the County will not be sending a supplemental tax assessment to the towns to cover their shortfall.
Commissioner Bowles stated that the new jail consolidation laws have been clarified and do not allow the use of jail revenues to be used for general county expenses. He added however, that administrative services and jail bond debt are paid by the county. Mr. MacPherson commented on the inequity of some towns using the county sheriff instead of funding their own police departments; and the fact that those towns aren’t required to pay more for the use of that service.
NEW BUSINESS CONT’D
1C. On a motion by Mr. Burke, seconded by Mrs. Kareckas, it was unanimously voted to accept Rebecca Gray’s resignation from the Conservation Commission.
1D. The Council discussed the position of Assistant Town Manager. Concerns were expressed with regard to the potential for an aide to the Assistant and increased costs.
On a motion by Mr. MacPherson, seconded by Mrs. Kareckas, it was unanimously voted to confirm the appointment of Roberta Orsini as the Assistant Town Manager.
1E. Mr. Schempf explained that he has done a review of the Charter and proposes amending it. The sections being changed include Article II (Council) §5, Article III (Manager) §1(III), Article IV (Budget) §7, §8, §10A, Article VI §5, Article VII §2, and Article IV §4. The changes would bring the Charter up to date with current practices and laws.
The consensus of the Council was to (tentatively) schedule a workshop for Tuesday, July 21st with a second workshop on July 22nd if needed.
1F. Mr. Schempf explained that upon reviewing the boards and committees, reorganization is warranted. He recommended the following:
-Change judiciary boards to 5 members with 2 alternates (Planning, BOAR, & ZBA).
-Change all other boards to 5 members.
-Create three new committees (Sunset EDC & create Community Development Committee, Recycling Committee, and Recreation Committee).
-Mr. Burke stated that he would like to hear from the committees as to what they think they need. Ok with sunset for the EDC unless they feel there is more to do.
-Mr. MacPherson stated he was ok with the proposed size of the boards at 5 members. He added that establishing the other committees is worth a shot.
-Mrs. Kareckas stated that she liked making everything consistent. She commented on the timely submission of minutes and suggested using the draft minutes as a “holder” in the record until the adopted minutes are received. She also recommended the addition of a transportation committee.
-Mrs. Demetracopoulos stated that she liked the idea of making the judiciary boards 5 members with 2 alternates. She also made note that although the Comprehensive Plan had been adopted the Vision Committee was never established. She added that any new committees should receive clear direction from the Council.
The consensus of the Council was to authorize the Manager to move forward with the proposed changes.
ADJOURNMENT
On a motion by Mrs. Kareckas, seconded by Mr. MacPherson, it was unanimously voted to adjourn the meeting at 8:30pm.
Attest:
Barbara Bennett, CCM
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