City Council

Ref. Recording: WS700697, 700698, & 700699 filename: cc.min.1-8-2025 CITY COUNCIL MEETING WEDNESDAY, JANUARY 8th, 2025 PORTAUTHORITY BUILDING – DOWNSTAIRS – 6:00 P.M. Those in Attendance: Councilor William Boone, Councilor Colleen Dana-Cummings, Councilor Dave Morang, Councilor Rhonda Stevens, and Councilor Alvah Seeley, III. Also in attendance was City Manager, Brian Schuth; Legal Counsel, Dennis Mahar, Deputy Clerk, Don Peters; and City Clerk, Ella Kowal. Public Attendance: Robert McAllister, Jennifer Peters w/SCEC, Catherine Lee w/QT, Camela Deschene, Lindy McClellan, Victoria Ganz, Chester Jenkins, Laurie Stone, Clark Duff, Birdy Velveteen, Clifford Fowkes, Sue Ellen Hendrix, and Donna Murphy, and the attendees Via: ZOOM. I. CALL to ORDER The City Clerk, Ella Kowal calls to order the meeting at 6:00 p.m. II. NOMINATION for COUNCIL PRESIDENT – Calendar Year 2025 The City Clerk calls for nomination of Council President. To nominate Councilor William Boone as Council President for 2025. The City Clerk then turns the meeting over to Council President Boone. III. NOMINATION for VICE CHAIR of COUNCIL – Calendar Year 2025 MOTION DANA-CUMMINGS SECOND MORANG (PASSED 4-0) To nominate Councilor Rhonda Stevens as Vice Chair for 2025. IV. ADJUSTMENT(s) to AGENDA MOTION STEVENS MOTION MORANG (PASSED 5-0) To adjust the agenda to move Item VI(p) “Finalizing CDBG Phase 2 for the Boat School Planning Study up to Item V(b). -1- V. PUBLIC HEARING(s) · Renewal of Liquor License Application – Native American Investments, LLC d/b/a OLD SOW GRILL - 35 Water Street Council President Boone opened the public hearing at 6:04 p.m. for public comment and there were none. Council President Boone declared the public hearing closed at 6:05 p.m. V(a). ACTION on PUBLIC HEARING · Renewal of Liquor License Application – Native American Investments, LLC d/b/a OLD SOW GRILL - 35 Water Street MOTION DANA-CUMMINGS SECOND SEELEY (PASSED 5-0) To approve the renewal of a liquor license application for Native American Investments, LLC d/b/a OLD SOW GRILL at 35 Water Street. V(b). FINALIZING CDBG PHASE 2 for the BOAT SCHOOL PLANNING STUDY Jennifer Peters with Sunrise County Economic Council addresses the City Council and reminds them that she met with them in November of 2024 and spoke with Council about applying for a Special Projects CDBG grant for the Friends of the Boat School and that it is a planning grant to perform a feasibility study. The Letter of Intent has been accepted and the application was approved. The project has been approved for an amount of $29,600.00 for the feasibility study. The next step is for the City Council to accept the funds on behalf of the Friends of the Boat School. She continues to explain that there is a Phase 2 packet with documents that need to be signed by the City Council as the governing body and then it is submitted to the State. Councilor Rhonda Stevens asks if this will cost the City additional money. Ms. Peters responds to explain that money will come into the City’s bank account. Once this is set up, the money must pass through the City’s general account. The Friends of the Boat School received invoices from the contractor who is doing the feasibility study, invoices will be submitted to the City and we will send a drawdown request to the State. The money will come into the account and the City will generate a check. At most, the staff time involved would be about a half hour a month. Should it be that there is an issue in the City doing this, they can take care of the draw down portion. She continues to say that they keep on record an electronic file. Ms. Peters continues with summarizing the materials that the City Council will be signing off on and those are: “Standard of Conduct”; Fair Housing Resolution; Section 504 Self Evaluation and Transition Plan; Residential Anti-displacement and -2-  Relocation Assistance Plan; and Equal Employment Opportunity Policy Statement. These documents are a formality, and she has left them with the City Clerk for them to execute with their signatures and she will submit them back to her. She affirms that there is no match and no cost to the City. She further explains that Phase I is complete and that we are now addressing Phase II which requires us to accept the funds of $29,600.00 on behalf of the Friends of the Boat School. She further explains that any CDBG funds must go through a municipality. Even though the Friends of the Boat School is a non-profit, it has to go through the City. Ms. Peters informs the City Council that she previously noted the amount of the grant funds to be $29,600.00 and that it is actually $29,650.00 which needs to be reflected in the motion. MOTION DANA-CUMMINGS SECOND STEVENS (PASSED 5-0) To accept the CDBG grant funds on behalf of the Friends of the Boat School for an amount of $29,650.00 VI. NEW BUSINESS a) City Council Appointments for Signing of Warrants – Year 2025 MOTION STEVENS SECOND MORANG (PASSED 5-0) To approve and authorize all City Council members for appointments of signing the warrants for calendar year 2025. b) Establish Depository Banks for City Funds/The First & Bangor Savings – Year 2025 MOTION DANA-CUMMINGS SECOND MORANG (PASSED 5-0) To approve and authorize the establishment of Depository Banks for City Funds with The First and with Bangor Savings for the calendar year 2025. c) “Staff” Appointments for Calendar Year 2025 MOTION STEVENS SECOND DANA-CUMMINGS (PASSED 5-0) To approve the Staff Appointments for Calendar Year 2025 as submitted and presented. d) Appointment of Part-Time Code Enforcement Officer MOTION DANA-CUMMINGS SECOND SEELEY (PASSED 5-0) To approve the appointment of Tabetha Young as Part-Time Code Enforcement Officer for the City. -3- e) Appointment of City Manager as E911 Address Officer MOTION STEVENS SECOND SEELEY (PASSED 5-0) To approve the appointment of the City Manager, Brian Schuth, as the E911 Address Officer for the City. f) Appointment of City Auditor MOTION DANA-CUMMINGS SECOND STEVENS (PASSED 5-0) To approve the appointment of RHR Smith & Company as the City Auditor. g) Appointment of Legal Counsel/City Solicitor MOTION DANA-CUMMINGS SECOND MORANG (PASSED 5-0) To approve the appointment of Dennis Mahar as the Legal Counsel/City Solicitor for the City. h) Approve City Treasurer, Camela Deschene, to Negotiate & Execute Quit Claim Deeds MOTION MORANG SECOND DANA-CUMMINGS (PASSED 5-0) To approve the appointment of our City Treasurer, Camela Deschene, to Negotiate and Execute Quit Claim Deeds for the City. i) Council Liaison Appointments for Calendar Year 2025 MOTION STEVENS SECOND MORANG (PASSED 5-0) To continue with the City Manager, Brian Schuth, to be the liaison to the Ambulance and the Marion Transfer Station; to appoint Council President Boone as the liaison to the Airport Advisory Board, the Cemetery, the Port Authority, and the Senior Citizen Center/Age Friendly; to appoint Councilor Dana-Cummings to the School Board Committee, the Budget Committee, the Housing Committee, the Micro Loan Committee, the Economic Development Committee, and the Eastport Disability Committee [so long as hours coincide with her attendance]; to appoint Councilor Morang as liaison to the Harbor Committee and the Planning Board; to appoint Councilor Stevens as liaison to the Parks & Recreation Committee, the Recycling Committee, and the Historic Review Board; and to appoint Councilor Seeley as liaison to the Shellfish Committee and the Deer Committee. j) Establish a 0% Discount Rate for “Pre-Payment” of FY2026 Taxes” MOTION DANA-CUMMINGS SECOND STEVENS (PASSED 5-0) To establish a 0% Discount Rate for “Pre-Payment” of FY2026 Taxes. -4- k) Approval of Sewer Commitment – 3rd QTR – FY2025 [January 12th, 2025 Billing] MOTION DANA-CUMMINGS SECOND SEELEY (PASSED 5-0) To approve the Sewer Commitment of the 3rd Quarter of FY2025 for the January 12th, 2025 Billing for an amount of $170,700.64. l) Appointment of Election Clerks and Ballot Clerks for 2025 MOTION DANA-CUMMINGS SECOND STEVENS (PASSED 4-1) Councilor Morang “Abstained” To approve the appointment of Judith Turner, Sharon Cannon, Judith Ampungan, Donna Thayer, Theresa Mealey, April Theriault, Don Peters, Leita O’Brien, Camela Deschene, Judith Peters, Christine Cox, Julie Leppin, Cindy Mitchell, Vicki Morang, Peter Frewen, Jean Schild, and Jeanne Pegrum. m) Council Approval of Re-appointments and/or New Members to Boards/Committee MOTION STEVENS SECOND DANA-CUMMINGS (PASSED 5-0) To approve the reappointment of Chris Bartlett, Greg Biss, George “Butch” Harris, Lee Harris, Angus McPhail, Dean Pike, and Earl Small to the Harbor Committee; to approve the reappointment of Ed French, Catherine Lee, Jean Ries, Jean Schild and a new appointment of Alden Chandler to the Historic Review Board; to approve the reappointment of Michael Morse, Bob O’Hayer, Stephen Collins, Hugh French, Greg Gordon, and Don Ronga [as Associate Member] to the Planning Board; to approve the reappointment of Samra Kuseybi, Lora Whelan, Beth Clifford, Pat Christopher, Sally Claroni, Becca Hammond, Chip Hammond, Laura Kreiger, and Martha Floyd to the Recycling Committee; to approve the reappointments of Chris Bartlett, Don Dudics, Karen Farris, Leo Kowal, Gregory Noyes, Robert Peacock, and John Venskus to the Zoning Board of Appeals; and to approve the reappointments of Loring Small, Gary Small, Earl Small, Will Urquhart, and James Young to the Shellfish Committee. n) Request for Council Approval – Write Off of Personal Property Taxes for an amount of $230.56 to Personal Property Acct. #300 [Reflective of the FY2023 tax for $113.86 & for the FY2024 tax for $116.70] MOTION DANA-CUMMINGS SECOND MORANG (PASSED 5-0) To approve the requested write off for an amount of $230.56 to Personal Property Tax Acct. #300 which is reflective of the FY2023 tax for $113.86 and the FY2024 tax for $116.70 as presented and submitted. o) Airport Community Day - June 14th, 2025 [Airport Committee Request] MOTION STEVENS SECOND DANA-CUMMINGS (PASSED 5-0) To approve the Airport Community Day event scheduled for June 14th, 2025. -5-  p) Finalizing CDBG Phase 2 for the Boat School Planning Study See Item V(b) as Council approved under “Adjustments to Agenda” to move this item up at the beginning of the meeting. q) Request for Use of Carry Over Funds for Parks & Recreation & Public Works MOTION DANA-CUMMINGS SECOND STEVENS (PASSED 5-0) To use up to $24,000.00 from the Public Works Infrastructure carry over for the repair of Perkins Road. MOTION STEVENS SECOND DANA-CUMMINGS (PASSED 5-0) To approve drawing $8,000.00 from the Parks & Recreation carry forward for this year’s budget. MOTION DANA-CUMMINGS SECOND STEVENS (PASSED 5-0) To approve the use of $7,753.00 from the water heater insurance carry forward for the City Hall generator. r) Peavey Library Bandstand Memorandum of Understanding MOTION STEVENS SECOND DANA-CUMMINGS (PASSED 5-0) To accept the Memorandum of Understanding for the Peavey Library Bandstand as presented and submitted. s) Approval of Personnel Policy Anti-Discrimination Language MOTION DANA-CUMMINGS SECOND STEVENS (PASSED 5-0) To approve the Personnel Policy Anti-Discrimination Language as presented. t) Approval of Proposed Policy on City Oaths MOTION STEVENS SECOND DANA-CUMMINGS (PASSED 5-0) To approve the Proposed Policy on City Oaths as presented. u) Approval of Accessibility Policy for City Council Meetings MOTION STEVENS SECOND DANA-CUMMINGS (PASSED 5-0) To approve the Accessibility Policy for City Council Meetings as presented. VII. MINUTES of PREVIOUS MEETINGS [ 12/11/2024 ] MOTION DANA-CUMMINGS SECOND MORANG (PASSED 5-0) th To accept and approve the Council minutes for December 11 ,2024 as submitted. -6- VIII. COUNCIL LIAISON UPDATES/ISSUES City Manager informs Council that although he has been bringing forth updates throughout, he is hoping to provide a City Manager’s report at next month’s meeting. He continues that we have had our first real snowfall of the year and that they are working through the parking ban and that they will be republishing it. He is also communicating with the Police Department on this as well. He notes too that it is the responsibility of renters, Air B’&B’s to inform their patrons of the parking ban. He also reminds Council that they accepted the transfer of property from Victoria Ganz on Hayes Avenue and that the deed needs to be rewritten and that our legal counsel will be preparing that for us to file. There were concerns with the Public Works Department on plowing this area, but it has since been resolved. He updates Council that all staff have attended the required MHRC training as required and extends the offer for Council members to do the same and to reach out to him on this. He also updates that there is new legislation with the foreclosure process and that our For Sale of City Property Ordinance is non-compliant and that he is working with our Legal Counsel on new language and will bring that forward to them when it is complete. He then speaks to the Masonic Crypt and that there have been inquiries of historical impact. He is having someone look into this along with checking the condition. He will continue to update as information is brought forth. Council President Boone reports that Donna Murphy is the new Treasurer for the Eastport Senior Citizen Center and that Dale Devonshire is the President. At their most recent meeting discussion took place on the building. The Energy Audit Report has been received and there is need of many repairs. He asks the City Manager to provide a copy of the report to the entire City Council when he has a moment. He notes that we have been considering options for a new location/facility. In the short-term, they recognize that this is the current location until we are able to find a suitable one. Council President Boone then reports that things are still progressing with the Airport Terminal Building. He then reminds that the event at the Airport for June 14th, 2025 has been locked down. He speaks to say that we need to continue with promoting the airport. He sees a great deal of Federal Express delivery trucks in the area and would like to see them utilize the airport. Councilor Morang asks how many days does the Senior Citizen Center get utilized. Council President Boone responds that that it is used for meals, exercise class, and other uses. Councilor Morang cannot see putting money into a facility that is in great need of repair. He suggests looking into the Eastport Youth Center as he understands that they were not able to get their license renewed and that this may be an option to look into. -7-  It has parking as well as ramps to assist with getting into the building. We could take the old Senior Citizen building down and use that for parking. Council President Boone notes that the Senior Center Citizen members have emphasized that they would like to remain in the downtown area. Council President Boone will bring this forth and mention it to them. Councilor Dana-Cummings notes that the Boosters Club also reached out to the Youth Center. The City Manager has been asked by the Port Authority Director to let the City Council know that the schedule for cruise ships has been set and when they are here, they will need to utilize this room and that we may need to find an alternative location should it fall on a Council meeting date. He then updates that he is working on the budget and will be bringing that forth at the next City Council meeting and that it will include a capital plan. He encourages Council members to reach out to him should they have anything. IX. PUBLIC/OPEN FORUM Council President Boone opens the floor for Public/Open Forum at 7:26 p.m. Victoria Ganz addresses the City Council and asks if there could be the possibility of having budget committee meetings all year round rather than meeting at crunch time. The City Manager responds to say the next budget begins the day this one gets passed and that he would like to invite the Budget Committee members to meet with him on this request for further discussion. She also asks about AED’s for the Airport Terminal and that they have asked previously but it did not materialize and they would like to see this in the budget. She also inquires about access to AED’s for when these cruise ships are in. The City Manager responds that he will reach out to the Port Director on this. Councilor Dana-Cummings addresses Victoria Ganz and asks if the pilots are required to have medical exams and she responds that they do. Council President Boone declares Public/Open Forum closed. X. EXECUTIVE SESSION MOTION STEVENS SECOND DANA-CUMMINGS (PASSED 5-0) TIME:_ 7:36 P.M. To go into Executive Session under Title 1 M.R.S.A. § 405(6)(A) for Personnel Matters; under Title 1 M.R.S.A. § 405(6)(C) for Real Property or Economic Development; and under Title 1 M.R.S.A. § 405(6)(E) for Consultation with Legal Counsel. MOTION DANA-CUMMINGS SECOND STEVENS (PASSED 5-0) TIME: 7:57 P.M. To come out of Executive Session. XI. ACTION from EXECUTIVE SESSION THERE WERE NONE XII. ADJOURNMENT MOTION STEVENS SECOND MORANG (PASSED 5-0) TIME: 7:58 P.M. To adjourn. -8-