City Council - Regular Meeting

The pledge of allegiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all.

Um, agenda item number three, the rules of order. Um, this body follows Robert's rules of order. Um, and that's how we uh operate our meeting. Um, when we get to citizens comments, I ask that all citizens comments be directed to me as chair. Um, and uh that all comments be three minutes or less. Um, excuse me. Item four, excuse me. Could they direct their comments to the whole council, not just one?

We'll get to that when we get to citizen comments. Um, number four, adoption of the Ellsworth City of Council minutes from the following meetings. March 9, 2026, special meeting, March 16, 2026, regular meeting, and March 26, 2026, special meeting. We have a motion to adopt our meeting minutes. So moved. Do I have a second? Second.

Any further discussion? All those in favor? Opposed? Unanimous. Item number four, we have presentations of awards. Some good ones here tonight, so I look forward to it. First council presentation to the volunteer of the year for the city of Ellsworth, to Rain Perez. This evening, we are proud to recognize Ry Perez as the city of Ellsworth's volunteer of the year in celebration of National Volunteer Appreciation Week. Rain is one of those remarkable people who quietly and consistently gives back to her community. Each week she volunteers at the Ellsworth Public Library, helping in the children's room and also serves as library trustee supporting special projects and the friends of the library book sales. Beyond the library, Rain volunteers with organizations such as Ellsworth Rainbow Girls and Ellsworth Pride, demonstrating a deep commitment to strengthening our community. As a young professional who gives so generously of her time, Rain sets a wonderful example of the power of civic engagement. Rain, thank you for your kindness, your energy, and your dedication that you bring to Ellsworth. We are honored to recognize you here tonight. Thank you.

Next up is our volunteer business of the year, Franklin Saving Bank. Savings Bank. We're also pleased to recognize Franklin Savings Bank as a city of Ellsworth's volunteer business of the year. Franklin Savings Bank consistently demonstrates that it means to be a true community partner. From supporting Heart of Ellsworth events and activities in the Franklin Street parklet to investing in scholarships and hosting gatherings that support local businesses, their commitment to Ellsworth runs deep. To the entire Franklin Savings Bank team, thank you for helping strengthen our community and for your continued partnership with the city of Ellsworth. I know. Sorry. Okay, we also have an award for Jackson Mansfield Citizen Ward of Merit. I believe someone from the fire department is going to come up and present it for us. want to go to the

uh my name is Ben Freeman, a captain with the Ellsworth Fire Department. Like to present this citizen award of merit to Jackson Mansfield for exemplary composure and decisive action taken on the night of March 20, 2026. While traveling during a period of hazardous winter weather and moderate snowfall, Jackson Manfield was involved in a serious motor vehicle rollover. After the vehicle came to rest on its side in a swamp, unstable and suspended above water, Jackson successfully extricated himself from the wreckage. Facing a life-threatening situation involving an injured family member, displayed maturity and courage far beyond his years, he immediately activated the emergency 911 system, providing dispatchers with precise location and critical details necessary for first responders to navigate the slippery road conditions and reach the scene quickly. His ability to remain calm under extreme pressure and provide accurate information was the primary catalyst for the successful stabilization and rescue of his mother, Ela Huffmaster. Jackson's actions that night embodied the highest spirit of civic duty and heroism. His quick thinking directly contributed to the preservation of life and serves as an inspiration to the citizens of Ellsworth. Given this day, April 20th, 2026 We're hiring.

The kids are all right. Who's the Arbor Day? There we go.

Um last for the presentation awards section we have a official proclamation as for Arbor Day. Whereas in 1872, the Nebraska Board of Agriculture established a special day to be set aside for the planting of trees. And whereas the holiday called Arbor Day was first observed the planting of more than a million trees in Nebraska. And whereas Arbor Day is now observed throughout the nation and the world. And whereas trees can be a solution to combating climate change by reducing the erosion of our precious top soil by wind and water, cutting heat and cooling costs, moderating the temperature, cleaning the air, producing lifegiving oxygen, and providing a habitat for wildlife. And whereas trees are a renewable resource, giving us paper, wood for our homes, fuel for our fires, and countless other wood products. Whereas trees in our city increase property values, enhance the economic vitality of business areas and the beauty and beautify the community. And whereas trees whenever they are planted are a so source of joy and spiritual renewal. Now therefore, I, Patrick Lion, city council chair for the city of Ellsworth, do hereby proclaim April 24th, 2026 as Arbor Day in the city of Ellsworth. And I urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands. And further, I urge all citizens to plant trees to glideen the heart and promote the well-being of this and future generations. Dated this 20th day of April, 2026. Trees.

Go trees. Um, with that we'll go to number six in the agenda, the city manager report. We have our city manager joining us remotely.

Thank you, Chair Lions and Council, and I apologize I couldn't be there in person tonight. I had a previously scheduled u family vacation during school vacation week. Uh, I apologize. I've got five Rugrats, two of my own and three cousins yelling and screaming. So, if you can hear the stomping in background, there hasn't any crying yet, but I can't promise attacked from behind this door. Um, and I'll just be very brief if I know we've got a a large agenda today. Thank you, Sarah, for stepping into the city manager chair to um to manage the agenda. I think Sarah's got just about everything covered. I might chime in a couple areas uh where need be. Uh but first of all, I know with u thank you to Amy, our our communications director, for putting together a lot of the work on volunteer appreciation week. you know, she a couple months ago kind of realized this was coming up and the importance of volunteerism in Ellsworth. I really feel like um as I've said many times coming to this city, uh one of the things that I was most excited about was the spirit of volunteerism still being alive in the city in a way that a lot of other places don't quite have as much. Um that really is the in my opinion the the highest ideal of being a citizen in a republic is to you know to set aside time from your life uh to volunteer at the library um to uh to be a business that but also that doesn't um just do business in the community but that gives back to the community. Uh we are so blessed in Ellsworth to have so many people that just want to give their time and their energy uh to help in this in this growing incredible place. And in addition to those folks recognized tonight, I also want to give a big shout out to the Moose Lodge uh and all our friends there. They've been kind of quietly working behind the scenes. I know we have a a lot of folks that like to be very loud and um and you know that that's great too in a community. Um, but there's a lot of folks too that just kind of quietly do um the tough work of, you know, weeding out Nen Park, weeding

out the high street corridor, doing the mulching, um just saying, "Hey, how can I help more?" And the Muse Lodge recently came to us and said, "Hey, how can we have a much larger volunteer program for the city that's you know, we know you guys are short?"

Charlie, he's locked up. folks the wrongs

and others to uh to really um you know continue to just take care of this absolutely magical place. And also big thanks to our our Rotary clubs, both the new time club and the evening club. I might get this confused, but the the noon time club just had a grant they opened up that we're hoping that um we can apply for and gets deer field for round two on a big playground and parking lot upgrade that they've been doing all the fundraising for. Uh we're just we're so so blessed as a community for that. And then also a big shout out. I'm sad he left, but Chief Gillo, in addition to all our great firefighters, um the chief was recently recognized in a national uh firefighting publication, Firefighter Nation. um an article he wrote called Old Wisdom, New Science, and the Tools of Tomorrow about the evolving nature of firefighting and innovation and the real incredible mix we have of um young go-getter firefighters that are all about innovation and doing new things and a lot of seasoned veterans um that have been here for a while and just the kind of the magic that that kind of makes. So, uh just so happy with this whole team and this whole community and uh and thankful to be here in Ellsworth. With that, I'll send it back over to you, chair lines.

Thank you, Charlie. Does our deputy uh city manager have anything else on these comments? I have nothing else to add except what a great way to start the meeting with those awards. Yes, it certainly was. Really great way to start. Thank you. Thank you, Charlie. Um number seven on the agenda, committee reports. Um, we do have a recommend recreation commission request, but before we get to that, um, do we have any other committees that would like to report out? Councelor N. Smith, sorry.

Um, okay. Yeah. Um, so a little bit of here goes nothing, but um, the wreck the wreck commission has moved their meetings to every fourth Tuesday. And there also are some little cleanups and and a um, workshop going on or upcoming on this 30th. There is the dog park workshop from 5:30 to 7:00 p.m. And there are there's one cleanup um ongoing at the moment. It is the roadside cleanup. It began on the 18th and ends on the 25th. And there is the Card Brook cleanup um May 9th. That is it.

Excellent. Thank you very much. And I would just add that the workshop for the dog park I believe is at the Morris Community Center. Okay. Great. Thank you. Any other committee reports? Councelor White.

Um the Arbor Commission of course you said it's Armadan Friday. So uh we're doing this second part of our panel discussion on ash trees. This one being called Ashtree Significance in Culture and Ecology where we will have um uh this will be held also at the Moore Center from 6:00 to 7:00 p.m. this Wednesday on Earth Day, not Arbor Day, Earth Day. Um and we will be having a um a traditional Passimaquati basket ma making demonstration as well as we'll also be talking about the cultural importance of ashtrees and main walk in Maine Wanaki nations their ecological role as keynote species and the growing threat posed by emerald ashbor um so yeah we encourage everyone to come

great thank you councelor white councelor nmith thank Thank you. The cemetery commission is meeting regularly and working diligently on their charge. And they also have a cleanup day planned May 9th, Saturday from 8 to noon, cemetery cleanup. They're going to begin at Juniper Cemetery and then moving to Bayside Cemetery and the ancient burial grounds on State Street. Bring your tools, dress for the weather, and we'll go the following Saturday if needed to get those cemeteries spruced up and ready for the new season. Great. Thank you for the update. Thanks for all the hard work on the committees. Any other committee reports? Excuse me.

Um we have a request from the recreation commission um to appoint Megan Doherty as a member of the commission the term expiring June 30th, 2028. Um we have a memo from our planner regarding uh Miss Doh's uh credentials um in service with the with the city. Um would are there any questions? That memorandum would have been in council's packet. Does council have any questions um for any of city staff regarding Miss DH's proposed appointment? Is she here tonight? Miss Dhy here tonight.

She is not. Councelor Sh. I make a motion to appoint Miss Megan Dhy as a full member of the recreation committee. Second. Any further uh discussion? I can withdraw. Right. I'm going to get it on the record. Very good.

Any further discussion? All those in favor? Thank you. Uh, agenda item number eight is citizens comments. Um, related to councelor Howerin's question, citizens comments are a time for the citizens of Ellsworth to provide public comment on matters that are not on the agenda and that are relevant to city business. Um, I ask that you keep your comments to three minutes or less. Um, and when I say uh address the chair, you're speaking to the entire council and everyone that's listening. Um but in that regard, citizens comment is not a time for an exchange or back and forth. It's just opportunity for citizens to provide comments on any relevant agenda or relevant topic of city business that's not on the agenda. Um if it's on the agenda, you have an opportunity to speak um when we get to that matter. So with that, I'd like to open public uh citizens comments. Please appro approach the Das um and say your name for the record. Hello, I'm Casey Hansen. I'm a citizen of Ellsworth, a former city council member, and a member of the city's arbor commission. I timed my comments. I can do it in two minutes and a half.

Well, you're being timed. So,

but I also sent you an email because I had more than two minutes and a half of things to say. Briefly, I'm here because I'd like to support the budget item for an invasive pest management plan. Happy Arbor Day. Um, having been through the budget process, I have a lot of respect for all the work that you all have to put into the process of deciding on the city budget. I know that you have to do the impossible, which is to balance the city's current and future needs with the financial burden that is placed on taxpayers. This is especially difficult in Ellsworth because although the population of our city is about 8,600, we all know that the 57,000 residents of Hancock County, Hancock County all use our city as a service area. It has been exciting for me to watch the city move from a position of being reactive, only solving infrastructure and public service problems when they become an emergency, to a position of being proactive, developing plans to foster growth and maintain our city as a beautiful and vibrant place to live. One area where the city has been lagging behind is in care and management for our urban canopy as well as for the care of trees in our public forest. I passed out a picture before the city council meeting um which looks down I actually couldn't figure out what year it was taken but it looks down Main Street and I'm sorry nobody else can see it but there's this beautiful canopy of elm trees that almost goes completely over Main Street. Um lost my spot. So that's a picture of Main Street before the emergence of the Dutch elm disease. Because at that time in the 60s and 70s, the city had no process for treating and protecting that beautiful canopy, it's now gone. One example of a city where this is not true is Castine. They had an arbor committee that was formed in 1857. And when the Dutch elm disease ravaged basically the whole country in the 60s and 70s, they treated and were able to save 300 of their giant elms that still are there. A more recent threat to our

city's trees is the emerald ashbor boreer. And councelor White told us we're going to have a meeting on Wednesday uh about the cultural significance of the ash tree. But for context, for the purpose of of this conversation, most of the trees on the lawn of the Els Well, actually our um city our city tree steward emailed me right before I came up here to say eight of 18 trees on the Ellsworth public library lawn are ash trees. If we do nothing, we stand to lose all of those trees. And not only would that cost us the beauty of one of our wonderful landmarks, but would also incur a cost as we would need to remove dead and diseased trees and plant new. There is a cost to inaction. We are very lucky right now to have Rody Erlinbach as our director of parks and recreation and Daniel Gift as our director of urban planning and development. These are thoughtful and knowledgeable leaders who will help us to develop a reasonable and cost-effective plan for protecting one of our city's most valuable assets. I hope you will recognize that approving this budget item will give you the opportunity to make an investment that will be looked on as both forward thinking and financially responsible. Two and a half minutes.

252. But any other public comments?

Excuse me. Good evening, councilors, warden workman, resident of Ellsworth. I've got a couple of things tonight. Uh, one thing was we had a couple licenses done, renewals. One license was done wrong. Another one was under a different LLC because it was bought up a year ago. They use that LLC on that license. I don't that's probably an easy correction, but the other license was the 116 Main uh State Street. They had a renewal on that license and according to Don't mind me, my back hurts. I've been shoveling today. In Maine, a business license generally cannot be transferred to a new location or owner if the original business has closed or ceased operations. Main regulations typically treat a closed business as having ceased operations, which requires a license to be surrendered or terminated. Moving a business usually requires a new application for a new location details. The owners announced the closure in September of 2025 with mixed emotions, thanking the community for their support. Now they were under one name doing business as changed to a different name doing business as moved the location to a different location

different use and a mixeduse but yet their license was renewed didn't follow protocol because under a new license in a new location would have to go through certain planning for that location or was it done correctly I don't care about the business moving there I care about the process the process was not done correctly. If you're going to do that for one business, you got to do it for another. You're setting protocol and they'll come back in on haunt you every time. Just so I'm throwing that out. And the other thing is I know there's a survey and people probably the dog people ain't going to like me, but I love pets. I have pets. It's my choice to have pets. My choice to take care of pets. Taxpayers should not be entertaining people's dogs. Tax tax money should be used for government purposes only. If a private entity wants to come in and set up a dog park and charge for that dog park, so be it. The liability alone would be a high risk for a dog dog park. We already have that liability ris risk at Nolton Park because a lot of people let their dogs run when the kids are playing. It's going to only take one dog. It's going to create a big problem. And plus, it's the proposed I know it's a proposed location, but it's a poor location. You got a four-way intersection on the busiest inter section in Ellsworth. And that lot is a three to $400,000 lot. Gordon, you're at three and a half minutes. You could wrap up your comments, please.

Okay. Well, it's a three three to $400 lot. It should be sold and let Chick-fil-A come in and and be put back on the tax roles. The other comment is um we do have a budget coming up. I do believe a lot of people on the council are with nonprofits right now. Gordon, it's you're at four minutes if you could. All right. Thank you very much.

Thank you. Any other public comments for tonight? Seeing none, I will close the public comments session. Councelor comments. Likewise, for public comments, ask that you guys um if you have any comments, address them to the council and um please keep them to three minutes or less. Any counselor comments? Council Harland. I'd like to thank the IT department in the city of Ellsworth. Excuse me. In the time that I have been here, there has been two people in that department. It seems that those two people are helping other departments as well as running their own department. They're always cheerful. always willing to help and I think that their job is touching everybody in the city of Ellsworth and there's just two people there. two people that are doing a remarkable job while they look like there's nothing going on and just go into that apartment the apartment one time they they're cheerful, helpful, acting like nothing's going on when I can't believe there's not thunderstorms in their heads with all that they have going on. And I would just like to thank those two gentlemen because they are helping the entire city in departments that they're not getting credit for. Thank you, Councelor Haren. Any other counselors, counselor comments?

I'll just follow on councelor Howland's comments. I think I heard the quote is no one calls it to tell them they're doing a good job and everything. So, I guess we're we're very lucky to have Jason and Nate and um so I think and everyone at the city agrees. Thank you. With that, we'll move on to unfinished business. Agenda item number 10, council order number 032607, discussion and potential action on the request of the parks and recreation and facilities director to award phase one of the Nolton Park playground replacement. Um council, you will recall um this matter was brought to our before us last meeting. Um it was tabled and the we've now um since that time I believe and I'll let Rody fill us in, but um questions that were raised um hopefully were addressed and um I believe Rody has a proposal for us to move forward on the Nolton Park matter.

Thank you. Rody Olenbach, uh, director of parks, recreation, and facilities. Uh, so bringing this agenda item from the March 15th, uh, meeting back onto the table. Um, I believe my interpretation of what happened was it was tabled because there was a a pretty significant concern about the scope of the agenda item. Did it commit us u to any type of financial uh commitment, for lack of a better term? Um, and there was a lot of unanswered questions. So, it was tabled. Um, what I want to do tonight is try to add some clarity. I'm not necessarily proposing anything different, just giving you a little bit more information, a little more detail. Um, so the original RFP phased the Nolton playground replacement to a phase one, which would be a cable net system climber that would be installed this spring. And then phase two, the same contractor or vendor that was awarded phase one would do a complete replacement of the playground in the spring of 27. Between spring of 26 and spring of 27, the intent was to form a committee of community members and stakeholders to work with the vendor uh to do some value engineering to work down our cost to make sure that that playground that was going in uh was guided by community input and feedback. So, we could rest assured that it was actually what the community wanted. Um, for any type of long-term infrastructure like that, it's it adds to your peace of mind knowing that what was developed, what was designed, what was put in the ground is exactly what the community wanted. Um given our financial condition, uh just a week prior to that council meeting in March, uh I removed the recommendation to move forward with the spring installation and combined phase one and phase two into a single uh

phase of construction for spring of 27. Um, so what I'm what I'm proposing or I guess what I'm asking for is to kind of look over the installation in spring 26, but allow us to acknowledge our preferred vendor that was identified by the recreation commission um to maintain continuity with that RFP so that we can enter uh negotiations with that vendor and with that contractor to develop that design, do our value engineering, form the subcommittee, work towards a project budget, work on our fundraising, and then come back in the fall with a finished product to present to council. And at that point, we would ask um for any funding that we would need to bridge the gap between what we've raised for funds and what the final project cost is. Uh I've I've spoken to legal regarding this. Um the verbiage in that recommended motion does not um commit the council or the city to any financial obligation or any contract award at this time, but it does allow us to maintain the continuity of that RFP so that next spring we don't have to put the project back out to bid. This allows us to move forward with our identified vendor to move the project forward with the intent of putting something in the ground for next spring. I'll reiterate there is no commitment on behalf of the city council or the or the uh or the city tonight.

Great. Thank you, Rody. Questions for Rody from council? Council Helen,

I'm all for Nolton Park and enhancing the playground. I don't think I've ever driven by that property when there wasn't somebody there using it. I'm a little confused about why we have got the cart before the horse. Why are we not designing what we want and then putting it out to an RFP? Why is it that we're selecting one company? Why? I don't understand that methodology and I'm maybe there's great reasons for it, but it looks to me like you've got the cart before the horse. Now maybe uh my perception is wrong here but I I guess I'd like an explanation on that if you could.

So um in my recent education which came very quickly when I started this project uh playground structures and playground equipment is incredibly proprietary. What one vendor has to offer another one does not. Um they're not interchangeable components and aren't interchangeable pieces. That was the intent of putting the prop the whole project out for an RFP. Um, I provided you with some of the the workups and some of the schematics of what the different vendors had to offer. And it was night and day between what one vendor had to offer and what another one didn't in regards to the design, the pricing, uh, ADA requirements, safety, uh, fall height requirements. Um there was every vendor was bringing something different to the table. And there was such a wide range of what one vendor could offer over another that it was it seemed important to me that we identified the vendor we wanted to use based on the look of the equipment, the inclusivity of the equipment. Um it was basically show us what you have and that's what we want the pro the playground to look like. And then once we've decided which company we want to go with, then we can move in and say instead of this piece that you included in your original proposal, let's remove that and put this other implement in. The playground structures and equipment are incredibly modular. We have the ability to move pieces in and out. Um that absolutely affects the cost of what we'll be putting in place. So it was important to us as the recreation commission to identify the vendor we wanted to work with and then once we've identified them we can move forward on refining that design and arriving at a project budget

council Martin. So I just want to make sure I understand. So this additional information is the basis. You still want to send out this letter with the same wording that you gave us. We're not sending out a letter.

Okay. That no I have I have um I've the the vendor the the sales rep we've been working with with game time called me after watching the the meeting on YouTube and asked like what do we have to do to to move this forward? And I asked him like in your experience how does this relationship work? and he said there is absolutely no need to enter a contract once you've identified who you want to work with. This conversation and this interaction is 100% par for the course when it comes to playgrounds. This is actually the same sales rep that we worked with to install the playground that's there currently. Okay. All right. That's that's clears up a lot.

Any other questions for council right? Just a reminder, I'm pretty sure we discussed this last time, but this money, we're obviously not putting this in the budget right now that would be paying for and we're hoping to fund raise most of this. Correct.

The Yeah, given the nature in the history of the playgrounds that have been there. Um, there have been since that I'm aware of, there have been at least two wildly successful fundraising initiatives that almost completely funded the the playgrounds that have been there in the past. We'd like to kind of tap that volunteer spirit moving forward and see what we can do as a community to generate the funds necessary and then if there is a gap moving into the fall and early winter, we'd come back to council and not just request funding, but probably come up with a mechanism to to identify that funding.

And I will note that this is in our um year one capital improvement plan. It was identified. So you will see it there as well with a price tag, but all of what Rody says will apply to that. I'm moving forward. Okay. Thank you, Council Har. What was the price tag? Um, in the CIP, I believe it was $450ish, but I can get that to you. The exact number, I believe it was. When you say 450, you're going to $450,000.

Any other questions for Ronnie? Just one question or I guess clarification. So this proposed process includes um community engagement with through a like a playground committee so to speak and would the vendor be part of that engagement as part of the design discussion and all that. The vendor would be present for conversations that we want to include the vendor on. Obviously there'd be a lot of work done in that person's absence so we're not jeopardizing the city's position. Yeah. But there would be some kind of hey we're thinking this kind of Absolutely.

Okay. So that this proposal does allow for that process. Okay. Councelor Helen in your experience so far $450,000. Does that buy middle of the road? Does that buy high-end, low-end? Could you put that in some sort of context?

So, the if you're speaking to the quality of what we would get, this is a very reputable company. This is top-of-the-line playground equipment we would be purchasing. Um, the price tag is also reflective of the the size of the area, the square footage of the area where we're looking to install equipment. there would actually be um sorry to use the industry term. It's the only way I know how to explain it. There would be significantly more play value in that footprint than what currently exists.

And I just looked it up, sorry to interrupt, but just for real time numbers, it's 4849 950,000. Councelor Shay, my experience with government and procurement and stuff, when you have a large price tag such as this, you try to do everything you possibly can do when you put something out to bid, regardless what it is, because it's public money,

whether it's state, county, whatever. And therefore, you also eliminate yourself from any favoritism. This doesn't work for me. I I see the key word that bams out at me like a neon sign that says contract. When they see contract, they mean money and means commitment. You follow what I'm saying? Yes. I've dealt with a lot of uh companies that deal with playground equipment and various vendors and they sweet talk you their salesman. So I'm just very very leerary about it and I who says there isn't another company firm out there that does put out playground equipment and uses the same product. Now you're providing favoritism by locking yourself in. You go, as far as I'm concerned, you can work with all the other vendors and come up with the best of best worlds. Even though some products are specific, but there are always another vendor that seems sells the same kind of product. And those are the things that you have to watch out for. Does it make any difference whether you're buying playground equipment or you're buying a truck? You can't tell what kind of truck you want by make, manufacturer. You got to be very, very genetic. Everything you write. Otherwise than that, you could end up with three, four vendors coming after you. Everything has to be generic.

How many RFPs were received and evaluated? Six. Okay. Thank you. and he says there isn't going to be more.

Any further counselor questions? Council, your request. Does this speed up the process or are you buying are you buying time with this commitment? In other words, if you go back to the drawing board and figure out what you want and work with many people and then come to the council for the bucks. Um, does that push the project so that kids are going to be in college instead of grammar school

um when it's time to get it done?

And I'm being serious. I mean, is are you by doing this, you know, if we're to vote for for this commitment, does this help the youth in the city of Ellsworth have this in 27 as opposed to 29? So, I think I think it it slows us down a little bit because we're not entering a contract right now. Like, we're not saying, "Yeah, go ahead and give me what you proposed and I want just that and we're going to pay the 480, whatever." This pumps the brakes a little bit and allows us to gather a community uh committee and have some meaningful conversations about what we want to put in the playground. But at the same time, if we were to just abandon this right now, put the committee together, and then go out to RFP, I don't believe we would be ready for a spring 27 install. So, in a way, it does both. This is how we slow it down, get the finished product that we want, but still have a chance of getting something in the ground for spring of 27. Other questions from council? Councelor N. Smith.

I I think more of a trying to digest this. It's reminding me of the conversations we had about purchasing a new fire truck where an RFP did not go out in that instance, but they knew limited number of vendors and they had um criteria that they were looking for and the keys were price but also um uh how far away they were for service. And then through that they chose the vendor and um and move forward with various consideration. Charlie's come back on so maybe I've not got it completely right but this sounds similar to that that you could go in six different directions with six RFPs and design six different playgrounds. But in this case you have found you use the notes for you know a preferred vendor given their price the accessibility and the play value. new word. And with them, instead of putting the public through and the vendors through six processes, you've got the person or the company it makes sense to work with. Based on your criteria, you're moving forward. So, it's weird. It's not when I put things out to bed and put up RFPs, it's not been like that. But that's how I'm understanding it being different than a normal way. Is that an accurate description of it?

Yes. I I would say yes. And I don't know if Charlie has more just listening.

No, it wasn't to your comments, Council Smith. Uh it was it was actually to kind of Ronny's previously and I I I very much empathize with councelor Sha's comments too on the RFP process and which you know that you you kind of and I've struggled with this one too but I think Ronnie's last comment really kind of like okay but that that's the piece there too on kind of going fast and slow on this like it would be awesome if we could get this done $450,000 you know raise the whole kick kaboodleoodle we knock it out of the park and we can do this poll set up in 27. But like the more likely scenario, and gosh, we already tried to get something in there this year. Um, as you mentioned, councelor Howerin, it's just such a utilized asset in terms of public value for the city. Um, and you know, and we we missed that deadline. This allows us to think holistically about the playground, but you know, we can take it piece by piece um year by year. So, it's not going to look like, you know, just a wall of spaghetti of playgrounds get thrown out there um you know, over the next three or four years. It's going to be, you know, a a really nice playground set that match each other. And hopefully, you know, we can get to that point where um Rodney and the team fundraises enough, acquires a lot of grants in this space. you know, we really we're trying to do that with all of the things that we do. Um, but we also need like designs and, you know, um, plans and they they really the teams did a huge job of of scoring all those uh, proposals and really felt this was the best one. Um, so I do feel like there's a lot of merit to kind of continuing forward on this process in this way.

Sure. And if I I'll just offer up like the proposals that we have received, especially with this one we're we're looking at right now. It's not that we're starting right from a scratch like what you were were saying. Let's throw it out and just start all over again. We're we're 80% I would say there on on what we want to install. And so a lot of the heavy lifting has already been done. And that's what allows us to get a committee together and come up with a finalized design by the fall so that we have a project number, so that we can go after fundraising, can go after grant opportunities. For your grant applications, you have to have a a a final design to submit. Um, the majority of grants you can apply and it's six to nine months before you get an award. So, if we don't have a finalized design by the end of the summer, there's no way we're ready by spring of 27.

Any further comment questions from council staff?

It it just seems to me that put a timeline to the committee saying we need to have this design by July. or it's not going to happen. Basically, just imply that it's going to work. You'll get the design. You might even get it faster. Okay? Then you'll have rough idea on what you're going to need to go get your grants, but you'll have your final design to apply for the grants. Then, you know, no doubt they were uh probably low price on on RFP and they probably were, you know, they're great to work with and all that. Yeah. Come back with a number and grant. Any public comment on this matter?

I have a question. Sir, if you could approach the DS and say your name for the record. My name is Philip Heasley. Uh, I'm a resident of Ellsworth. And did I just hear the park and recreation director say that they had a proposal that they like? Did I hear you say that? So, we're no longer talking then in real terms about an RFP. You've already got a proposal on the table that the park and recreation director is solidly in favor of. Sir. Sir. So, so can you please bring down

I'm I'm sorry I'm deaf. This is my normal tone. I'm sorry. I'll try and tone it down. But I'm I'm a little concerned here that we're no longer talking about an RFP. You've already got a proposal that you like that you would like to proceed with. Is that the understanding of the of the council members? So, public comment is not a back and forth. It's just you can provide your comments and we'll

then then that's my first question to the council members. Did you hear the parks and recreation director say that he has a proposal that he wants to pursue then from that point that's fine. Okay, if he's that's his job. Okay. But now, isn't his job to present a proposal to you to proceed with going after the additional funding that he would like to get so that the city council and the city of Ellsworth and me as a taxpayer doesn't end up paying the full freight. So, just listening to you, let's not talk about an RFP anymore. Let's talk about a proposal that the parks and recreation director has from a company that he wants to pursue. End of conversation. Thank you. Thank you. Any other public comments? Okay. Um Rody, anything further from you?

No, thank you. Council, how would you like to proceed? We have a proposed motion um in the memo from from Ronnie. If we're ready, I'm happy to um read the motion. Um unless you want to. This is your you're one of seven of us. If you want to do it, go for it.

All right. Um, I move to acknowledge game time as prefer as the preferred vendor for the Nolton Park Play upgrade as identified by the recreation commission and to authorize the parks and recck department to continue project development, including design, engineering, and budgeting with a future request for council approval for project funding and construction. Thank you. Do I have a second? Second. Second. Any further discussion from council? Councelor Howerin?

What prevents you from doing this without councelor appro? Without council approval? It's a good question.

My and this is my interpretation. Um, by having council approval, it's maintaining the continuity of the original RFP. So having you acknowledge game time in my mind concludes the RFP process. You're allowing us to move forward in agreeing that we've met the requirements of the city's procurement policy as well as procurement policies set forward in state statute. But there's and I think to your question, Steve, I read this as saying we move forward, but there's nothing that um one Rody doesn't have the authority to contract anything. It ultimately has to come back to us as council to approve any form of um procurement or funds that would be for this. So, um my interpretation of the motion is that it's exactly what Rod is saying is we're going to proceed with game time. um we're going to work on a design and then they they have to come back to us to get authorization to proceed with construction and that would include uh going under contract at that point.

Council, I'm not in love with this process, but I'm in love with the youth of Ellsworth and it seems to me that We went through the process. I I don't like this. I think it's the cart before the horse, but my fear is this, that it will be 29 before the youth ever get a new playground if this is not supported. Therefore, I plan to support it. I don't like it, but I plan to support it because I'd like to have the youth have a nice playground. um because that park is used very very well and I think an enhancement to that is beneficial to the youth of Ellsworth and it's outside of the normal it it's a city organization it's not through the Y it's not through some other recreation it's through the city again I don't like how this is but I I can't let that deteriorate another four years. So, I will support it.

Thank you, Council Harland. Any further comments from council? Councelor Shay, it's not that I'm against recreation for the kids. Really, I'm not. I'm just I don't really like the process. I want I want the kids to have the best safe equipment that they can play on. And and that's true to the fact, you know, But I I just I understand that you got to work the numbers to get a better, you know, affordable. You see what I mean? So,

councelor White, I just want um I'm looking over at the March packet where you went through the evaluation process really thoroughly in there and you showed all the scores and all the the different scores. um with game time clearly the winner there um and it was just that we got tied up on that um the wording there. So again, I I think we did a lot of due diligence before you guys did, the recreation commission did, and now we just needed to get that wording right. So we weren't committing oursel before we had money.

And I think if if I may, um the big curveball that was thrown at me and the rec commission was literally week before the council meeting, we were told about our financial condition and there was no longer the ability to make a recommendation to move forward with that phase one. And I think if this project had evolved in line with the original intent, it would have been a lot cleaner. I would have preferred it if it had gone that way. Um, and I think, you know, and I I appreciate your patience and working through this process with me. This is my best effort to keep the the path moving forward, keep the project moving forward rather than abandoning the work that we've done to this point and trying to start all over again, keeping our fingers crossed that we can do something in 28. So, Any further counselor comment before we vote? I'll just say if I don't vote for this, I'm going to get in trouble and go home. Seven-year-old. Um Tom, I don't like the park.

I know you asked for I we're Gordon, we're we're past that. Thank you. Um seeing no other further counselor comment. Um all those in favor opposed. Motion carries. Thank you. Thank you. Thank you, Rod. Thank you, Okay. Agenda item number 11, council order number 042600, request of the deputy city clerk to appoint wardens, ward clerks.

I'll start over. You you okay, sir? Um, council order number 04260, request of the deputy city clerk to appoint wardens, ward clerks, and election workers for the June 9th, 2026 election. We have a proposed motion from Tina and

Tina, how you consent agenda? There's no there's no discussion on the consent. Okay. So, we have a proposed motion. How would the council like to proceed? I'd like to make a motion. Move to approve the appointment of the below named individuals as wardens, ward clerks, and election clerks for the June 9th, 2026 city of Ellsworth special municipal school budget validation referendum election. Second. Second. All those in favor? Unanimous. So if you didn't want to say anything,

um agenda item number 12, we have public hearings and action on the applications for renewal for the following licenses. Ellsworth Hampton Inn, for Down East Highway for renewal of a city lodging license. Ellsworth Moose Lodge number 2698. 47 Foster Street for renewal of a city class B license vicular liquor and amusement and renewal of a state liquor license. Twin Hills Cottage of Acadia 210 Twin Hill Road for renewal of a city lodging license. Aadia provisions 425 High Street for renewal of a city class C license Vicular and liquor and renewal of a state on premise beer and wine liquor license. and Pentacle LLC DBA Tyonic 78 Downy's Highway for renewal of a city class C license Vular and liquor and renewal of a state on premise beer and wine liquor license. This matter is noticed as a public hearing. So I will now open the public hearing. If anyone from the public would like to comment on any of these licenses, please approach the DAS. Seeing none, we'll close the public hearing. Council, how would you like to proceed on these license renewals? Councelor N. Smith

move to approve the business license renewals as presented. Seconded.

Have a second. Moved and second. Any further discussion from councel? Seeing none, all those in favor? Unanimous. We have a new business license, Ellsworth MV LLC, DBA Mville, 71 Main Street for a new city medical cannabis dispensary license, including a city vicular license. We have a memorandum from staff um regarding this proposed license. Um I think uh to remind the council um my understanding this is uh related to previous um the applicant had come in previously to request a license. They've submitted a new license under a new um business entity and um they're seeking uh approval for the cannabis dispensary. I have um this is a public hearing. So, I'll open it to public comment. Um and I believe I see the applicant here. So, if the applicant or I believe his attorney may be

I believe his attorney is online, but I did see Ebony just go and talk to Jason. So, I don't know if there's been a hiccup with that, but Okay. We'll make sure that your attorney is this your attorney on Okay. He's pretty much just here. Is everything okay? content. Okay. Y um so we're all set. Um so sir, if I couldn't hear you, would you you're No, just wonder if anybody else wanted to comment. Oh, is there Yeah. Is there anyone else from the public that I'd like to comment on this? Thank you, sir. If you'd like to approach. Well, first of all, yes, sir.

Excuse me. I'd just like to apologize for the treatment you received last time you were here.

Okay, let's start with that. I appreciate that. I'd also like to apologize myself. Okay. Well, first I'd like to thank you guys for considering our application and for the council for meeting. I would like to apologize though for missing the last meeting. Okay. I was unaware of it after the last first meeting. As you saw, it kind of got a little heated. I figured I'd give the city some time to adopt their ordinances. Um and uh I was waiting to hear back when the council I had no idea what was going on. I've never missed a council meeting. I don't know how many I've been to, but it wasn't my intention to miss it. I wish I was there because you guys have a lot of real concerns, okay? And um they were legitimate. I'm not I'm not going to downplay your concerns as far as the code um as far as what what you heard about all the health things that are going on. Um the the thing that upset me about the first meeting is that there was no open dialogue. I really wanted to finish with um comment on what the he said, which honestly a lot of it was accurate, but this lady had a lot of um uh questions that I thought I could have answered and we probably wouldn't have been to this point uh because I've been through this process so much. I understand how things happen. With that being said, I also apologize to you. I didn't mean to my outburst. I didn't want that. I just really wanted to address this lady's concern because I understand you guys care about your decor of your downtown. I really didn't get that until I watched the meetings. I watched both of your meetings over and over the last couple days to see what what went wrong and what the problem is. And so I it comes down to you guys have two concerns. You have concerns with the code and your performance standards which include the look of your downtown and everything. And then you have your concerns with the safety and the health of of because you heard about the advisory. Let's deal with the code issues first and then we'll deal with the advisory issue. Okay. the the code issue to be honest is a non-issue which I would have I've addressed with Miss Smith before is if we were in violation of any code standards or performance standards before we weren't we weren't meeting that we went in there and trying to help the business transfer over while we're waiting for a license approval. Um we

couldn't find like I said standards or anything but one thing you'll know about me my company everybody I work with the the the gentleman here have made a good point. How are we going to know if this guy's going to go to reform standards? Well, how would you know? How about I have 12 dispensaries. Okay, 12. Not one, not two, in 12 different towns. You can the best way to find out, call those towns up and ask the code office. You know what they're going to tell you? They'll do whatever you ask them to do, no matter even if I didn't have to. Like, I know you you had a concern with the downtown decor. I'll sit down with you. Just tell me you don't like this color. I mean, I'm very easy to work with. Of course, I went in there and made it the way I wanted to because that's how I make money. I know how to make money in this business. Okay? But I I have no problem changing it because this is your town. I understand it's in a downtown location. I don't even like it in a downtown location. I'm only there because there's only a few in town, so I bought the existing one. I much rather in a different location. Um, so that's how you would know that I'm willing to comply. I'll do anything they've asked. The hours when as soon as I found out you want different out, we change the hours. The windows got rid of the windows. Um, name change the name got rid of even though I did completely disagree with that for other reasons. if you guys would like to know why. I think it's a liability issue not having some other way to identify it as a cannabis shop. Um, but anyway, the the code issue is a non-issue. Okay. And now you have these performance. The other thing I was going to address, you could have conditionally licensed it. I'm sure the attorney knows this. This is why my attorney's here. I go to council meetings all the time. You could have conditioned me that I couldn't even change anything without your standards. In other words, you say you can operate the way it is now. Do your license. And when the standards come in, you have to comply to it. If not, you could have said you immediately take my license without even coming back in front of the council. Cities do that every week. I've seen it so many times. I've seen it with bars. I've seen it with marijuana shops. But anyway, we're past that. You guys have your standards. So, where do we go from here? Does anybody have any questions about code issues with me or performance standards? Does anybody have any doubt or any things that I won't comply with whatever your standards are? I pretty much have read them now. I understand what they are. You don't want the the windows I realized is a big

problem. never even hit me until after listening to the meeting that so many people may not like that if you see shops across Maine are doing it now um we started the next thing the advisory this is the big one this is going to piss a lot of people off not here but in the state because I'm going to tell you what happened the only way to tell you how to keep the place safe and what we're doing is explain what happened back in January state issue advisory for marijuana bill I don't know if you guys know but we have the largest cannabis company in Maine OCP called me and said hey we got a complaint some lady said they bought I apologized from your store and got sick. Okay, first thing I said, is she okay? They're like, she's fine. And the second thing was, what are the products? We pulled the product immediately off the shelves. That second day, they didn't even test it. They told us there was a problem. We pulled it. You have no idea how much money that costs, but we pulled it. No other shops are doing that, by the way. You know, I'll go into that in a minute. So, the next thing they go, and people don't know this, but OCP, if they ever get a complaint, they have to respond. Even if it's something ridiculous like they have that you put fentanyl in co in carts. You're spraying your plant your your your your flower with with uh cocaine. It is really that rid Somebody complained bleeding out of their orphases, their eyes, their ears from eating edible. You'd have to poison them to do that. But they respond to complaint. So they said, "Let's come down and let's let's go over the complaint." They went through our logs where the lady said they were there and they were not in our logs. You can ask OCT. We pe keep impeccable orders. We have everybody comes in by their log and their time, their their car, their their numbers. She wasn't there. So OP OCP expanded it for two other days. Still wasn't there. So I'm thinking, this is weird. I go, first of all, I'm surprised somebody buys five jars. Nobody buys five jars. That's like a lot of money to buy five 35 grams. Five times. Yeah. 35 grams of oil at once. It never happens. I said, "This is going to be easy to find." Then I'm sitting there thinking, "Well, we had somebody blasting me on Facebook like weeks earlier." So I go to OCP to the inspector and I go, "Is it this lady?" And he goes, "Yes." I go, "That lady never was in my store. I kicked her out

of my bar 16 years ago for doing drugs in the bathroom, and she's been a problem with me ever since." In addition to that, she happens to be friends with these other people that I'm in litigation with that literally stole my dogs that I just beat in court to get my dog back. And my dog almost died. It was neglected. That's why I want it back. So, she was even on the news wearing their shirt. Okay. So, right away, I go, "They were never in my store." I go, "Did they go to the hospital?" No. Has anybody gone to the hospital? No. I'm saying, "Okay, so so be it." That's where we're at with that. OCP test the product. Product came back positive for pesticides. I'm like, "How does this happen?" I pay $60,000 a year to to to belong to a medical program. That's what my license fee with all the stores. I have 60 grand, right? They Here's how this works. You have growers, you have labs, you have kitchens, they all make product. They're basically distributors. The state inspects and licenses distributors. These distributors then sell them to stores. Stores sell them to the public. And that's where they came from. Do you guys know that product in store was not mine? Nobody knew that, right? On this council, probably not. That product I bought from a distributors that the state of Maine licensed. Okay. The day we pulled that product, you could go to 40, 50 other stores in Maine and buy the same product and you never heard anything about it. It's probably still in stores right now. But I drank the Kool-Aid. I'm like, "We got to fix this pesticide problem. The medical market's a nightmare. What do we do?" So, what I said, "Op can't do anything without getting complaints." I go, "I'm going to help you guys." I literally called up the director. I kept beating him up. Say, "Hey, call." You know, I go, "I'm going to go out and test products out of money out of my pocket to clean up the medical program. We're going to make sure that medical cannabis is safe." You know who's fighting the medical cannabis? The activists that are actually the ones saying they're in favor of medical cannabis. They're the ones fighting the testing. I'm not fighting the testing. I think it's a great idea. Test, track, do it all. I don't care. Um, if you're doing things illegal, you don't care. If you're not doing things legal and you're taking shortcuts, you care. So, anyway, so I

went out and tested out of my pocket all these stores. You know what I found? What was it? 60 70% failed. We send those records into OCP hoping that OCP would go after these people and say, "Hey, we got to clean up." Now, the stores that failed, it's not their fault. They do what I do. They buy from licensed distributors that the state of Maine inspects and license. It's like if you go to Walmart and buy a Coca-Cola and drink it and it's bad, you're not just going to pull from Walmart. You're going to say, "Hey, anybody drinking Coca-Cola at Shaws, at their stop doing it." So, I thought we show all the product that's bad, the state will go out and say, "Listen, there's a big problem with oil. You know, these stores have bad oil. If you've got it there, if there's really a problem with people getting sick that should have been handled." None of that happened. I even called OCP and told them, "Here's here's how we're getting proactive." Oh, let me back it up. Immediately we start testing our product, okay? And start pulling product from shelves. Cost me a quart million dollars. I know that doesn't mean anything to anybody, but it's a lot of money. We have a lot of stores. And I started, for example, to show you how we're trying to keep things safe. We tested the store I'm in now here running both. They failed. Okay? They had failed product. They don't anymore. We pulled it out. Um, so anyway, OCP has done nothing about it. And they can't they can go test the groves. It would stop getting to this point, but they don't do it. I don't know why. They give me all these bull crap excuses that You could take two inspectors, hire two inspectors, they could test every grow. By the time it got to the store, 90% of it be clean. The reason why everybody's trying to pass this new bill, the track and trace, I don't care if it passes or not. It could be cleaned up without it. It could be cleaned up with it. Um, so that's what we're doing is we're we're trying I'm trying to put together a group of caregivers that care. The problem is most of the caregivers are against testing. So I'm literally telling them we're not carrying product that's not tested. If you're not, I've designed a website. I'm gonna start spending two or three thousand dollars every week testing other stores product and blasting them on this website till people want clean product. They can get clean product. So now somebody said a couple things here on one of the meetings and it it was it was great. How are you going to know if I'm doing it?

How are you going to know who's doing it? Who's not? There is no reason for state to do it. Well, I'm going to first I'm going to show you that we're not the only ones with this. Here's a list from OCP that stuff we can find in about 10 minutes of medical stores that have failed for testing. Okay. Now you think they're rec safe. Those are wreck failures. Wreck has recalls, not advisories. There's all kinds of wreck wreck recalls. And there's some of these wreck ones actually hit the market, too. They claim it's going to get safer gets there. It doesn't. On another note, I really don't want to do this, but I have to because I want to show you we're not the only one. One of your stores in town here, the big nationwide one, has had a lawsuit for pesticides, fines of $80,000, had wrongful debt suits. I'm just trying to show you that it's rampant in the industry. Any of you guys want to read these? I I'll give you if you want to read them. Next thing, this goes even worse. And the reason I'm doing this and showing you we are the ones that are going to be cleaning up the market. In 2023, the state did a study and found that out of 150 or 20 stores, 42% failed for contaminants. I didn't even know this. This is a program I pay the state a ton of money to be part of. They expect all these people and next thing you know, poisons getting to my shelves and and why they know about all this. Why is nothing being done? So, here's a list just showing you all this is already there. This is what we have done from my store. All these, if you want to read them, are fails that I paid for that forward to OCP. All these stores have contaminated product. And that's the only ones we've tested. And whoever asks, "What is marijuana bill doing?" All these are passes from product that's in our stores now because we make sure we get test results. We don't put it in without test results. The these are all from oil. The difference between flour and oil, in case people understand why it's a big problem, it gets concentrated when it gets down to oil. It's not as failure rate is not as high in in the flower because it's sprayed on the flower, but when it gets concentrated, it gets concentrated. Does that make sense? So, if anybody has concerns about me, me me and um actually this is my son's business by the way. I'm I'm just the

one who runs it. Um my daughter also has one. Uh feel free to ask me, okay? We're we're co code your code officer went through our thing. Leave and ask them. We have any problems, let me know. We'll fix it. You know, we have no problem. Besides that, I don't know what we're doing differently. Um, we're actually cleaning the things up. Um, as far as the health thing, we're the only company doing this. When I say the only the only the rec stores, actually, I'm going to give Hibbrow uh word. I heard H Highbrow does a lot of this, too. But the ones that I know of, we're the only ones. All the companies that I'm reaching out to, I guarantee, and I'll do it next week, if I test the stores around, they're all going to fail. They're all going to fail with the exception of the one that we're in now. And I I can't be positive the ones that do their own, you know what I mean? because you don't know. But the ones that buy from vendors, they got a 60 70% failure rate. That's that's the whole that's what happened with the tested the product in my store. I want to recap the store. My product is just like in every they're all over they're all over the place. It's a licensed vendor from the state. You didn't hear that. Nobody You know why you didn't hear that? Because nobody cares about Jimmy on the corner. They care about marijuana bill because we're a big target. where the if you get councils like you guys and everybody all messed up about this pesticide, they're more likely to the bills just got beat down though. More likely to pass a bill. I had calls from representatives. I had calls from attorneys after this happened saying do you know that people are coming after you because the you know you are a target for this all from a fraudulent complaint that we OCP said we can't prove she's we don't know if she's in your store. We can't find her anywhere. She also sent, again, just to show you, and we have, my attorney has this because we're going, we're taking legal action against this, messages to my employees saying that now she was in on Christmas, not in on those other days. I know it wasn't Christmas. I was there on Christmas. So, we gave OCP the logs and of course not in there. We even did one step further and looked for two or three weeks in every direction. Did anybody buy five jar? Nobody even bought five jars. And then she messaged and

this is all in writing. Um, it was her now it's her boyfriend got sick. Okay. The simple fact is if you complain to OCP, there are people online right now saying, "Go in there and complain. Say marijuana got you sick." OCP will go in and test. Come in and test. You can come in and test everything. Now that we're aware of this, we're taking every action to to change the industry around. Anybody have any questions for me? Questions? Um, do you do you own 71 Main Street? Yes, I purchased the property. When when did that sale close?

I'd have to check. I'd be honest with you. I'm closing on Denny's tomorrow. I close on properties all the time. Um before we had the business. I only did that because we went back and forth with the city. We waited for them to say it was okay to transfer. I never in a million years thought I'd run into licensing problem. I've got licenses everywhere. Well, could you just Was it in February? Oh, no. January, probably. No, January. It was in January. Never mind. Not probably. It was in January. Yes. So, we'd have no record of that deed transfer coming through. Oh, I be honest, that's an attorney question. I I I wouldn't have that. I don't deal with that stuff. I apologize for that. I I know they usually take a while to record if I'm correct, but I don't know how that works.

Any questions from council for the applicant? And again, I only proceeded forward because if the city would have said they had a problem with this in the beginning, I wouldn't be here. I never wanted I quick story and I'll get off the town of Wilton. and I was buying the bowling alley and turning it into half a weed store and half to keep the bowling alley. About 60 people showed up with pitchfork saying I was the devil because they didn't want to lose their town bowling alley. Um I backed away from that and just bought another property to do it because I didn't want to go against what the town wanted. Um the poor guy still has the bowling alley now. He can't sell it. Nobody wants to buy the bowling alley. It makes no money. But that's the only reason I pursued this is because we made sure that it was okay to do it. It's because it's the license. There's not many licenses available. Thank you, sir.

Thank you very much. If anyone wants to see these, please let me know. Thank you.

Any other public comment? Close the public hearing. Um council, we have a memo from uh city staff. Um at the end it concludes that the use is not permitted in this zoning district. Um the prior operation was allowed under unique non-reoccurring circumstances. The applicant has previously been denied for the use and as such staff cannot support approval of the license at this location. Um um from my experience um you know this was a nonconforming use, a grandfathered use and um it's allowed to continue under the same ownership under the same use. Um, two things happened. One, um, you know, ownership is transferred of the building and now they're seeking a new license. Um, and two, that since in that time, the city's also been in the process of regulating cannabis. Um, and we've identified and later tonight, we're going to vote on a cannabis overlay zone. um where we through planning board process, public comment have identified areas of um Ellsworth that um we believe to be appropriate for these types of businesses. Um as the applicant noted here tonight, he doesn't like the downtown location of this business. Um and it's because in my opinion, both legally and just you generally doesn't fit the downtown use. I don't think we have the really have the authority to approve this application because it's not zoned. This is not a zoned use in this district. Um and it was operated under a unique grandfathered clause that has since passed. Um our city attorneys here if anyone has any questions to take my word

for it. Um but based on that um I don't think that we should um approve this request um for the reason that it's not as in a permitted it's not per this use is not permitted in the downtown zoning district. I'd be interested in hearing what the city attorney has to say.

Good evening. Um Tim P's city attorney. Um, I've been here before on this particular issue, so I've followed it pretty closely the last several weeks and I would agree what the chair has had to say and I've reviewed the memo that the city staff put together. I think the the first question is, is there a grandfathering case to be made here where u it was allowed with the prior owner and that should be allowed to be transferred to the new owner? And I think the answer is no to that. I'm very confident about that. Um, with respect to the location and the zoning, uh, that was just covered. Now, I don't think this is the appropriate place and I think the city has has uh weighed in on that already. Um I think the applicant was making perhaps what we would call lawyers call equitable estoppel argument. I wouldn't have bought this if I thought that the city wouldn't want us here. But I've not seen anything that would convince me that that is something that I would recommend the city should um follow and just allow this new business uh to continue to operate there. So for those reasons, I I would concur with the city staff's recommendation. Any questions?

Council, how would you like to proceed? We have a hand in the audience. Hi, I I work for uh Marijuana Bill. Can I read an email to you that was sent? The public hearing is closed. So, I think we're This is an email from the address. This is an email from your from you guys that you sent to Robin before the sale of the business. And I can show this is what

this is why Yeah. This is why the sale moved forward. My name is Jade. It says, and this is from Robert Grant on November 13th of 2025. It says, "Good morning, Robin. Believe it or not, I just heard back from our attorney yesterday on this matter. He said that selling the business would not remove its legally non-conforming status. You are able to sell the business and it can still operate under someone else's ownership. I apologize for how long it took to get the answer. If you have any questions, please feel free to reach out. Thanks, Robert C. Grant." Thank you. Yep. Thank you. Um, considering that

this is Hello. Hello. This is Brian Condan, the attorney for uh Frank Renian marijuana bill. I would like to comment on that because the equitable escapel agreement or argument is directly literally destroyed. Okay. by that email. When a when a city official makes that comment and the and the purchaser purchases the property based upon that email, that is equitable. Tim, if you Tim P, city attorney, the information at that time that led to that email was that the new owner would operate and continue to operate under the prior business license, which as we discussed before would expire in a couple of months in June. So, we're here because the applicant is asking for a new license to continue to operate after that period of time. Thank you, Tim.

Where where where in that email does that say that? Sir, I appreciate the public comment has closed. Um, the council is now in deliberation. This isn't this isn't this isn't this isn't public comment. This is comment directly from council for the applicant. I'm not public. I don't live in Ellsworth. I don't care what goes on in Ellsworth. I represent my um he's incorrect. Public comment applies to everyone, every member of the public. Um, it's we follow these rules of order in order to have an orderly hearing. I understand, you know, folks would like this to the discussion to continue, but at some point we have to get on with the city's business. Um,

so, so, so your attorney can say what he wants, but we can't say what we want. Correct. Um, so council, how would you like to You keep putting me on mute. That's that you keep putting me on mute. That's going to be an ADB violation. I guarantee it. Your attorney will know what that is. I know what that is, too, sir. And I'm just going to ask you to public comment is ended. Well, I'm Well, thank you. Well, that's I'm I'm glad. So, stop putting me on you so we can have a discussion. Sir, the discussion is closed. Can you help me? Then we would be for the meeting. There we go. You're holding yourself up with lawsuit to me, but that's okay.

Um, public comment is closed. We are now in deliberation. Uh, I feel confident that we are proceeding legally. Tim, if you'd like to comment on whether or not we're following proper procedures as the city solicitor has welcome that. I think you're following proper procedure. Tim P, city attorney. Thank you. So, can I ask for for clarification that they were, if I understand it correctly, they were told that um they could proceed under the existing license until its expiration and they've been doing that. That's completely separate from licensing a new business. Is that that's as I understand it. Yes.

Okay. So, they were able to proceed as owners of the new business, but no, the existing business. This is a license for a new business which is the difference. Is that correct? That's my understanding. Okay. Councelor White,

we have been looking at this and talking about this business for months now. Um, and before we I think even did the new zoning if I'm correct. I think that happened in February. Um anyway, um and this whole time I was under the impression that this business would be grandfathered in and now it feels like in this particular year in April now that is just no longer the case. So, I'm just confused as to why I was under the impression that this was always going to kind of be a grandfathered location for uh medical marijuana caregiver business.

Sure. Um I'll invite the city solicitor to discuss um this concept of grandfathering and um I have my thoughts, but I'll if I could also just weigh in here too and I'd love for can we turn We cannot hear you. Um, which is the Charlie, can you turn it up? We can't hear you.

Oh, sorry. Um, just on on that note, Tabitha, it was not my expectation with this license previously. And I guess the the question is if that was the case, is this like a permanently grandfathered transferable cannabis license in that location? you know, I would put that in the the category of, you know, the liquor license. We don't um do any of these sort of permanent grandfathering of transferability of license and locations. But if I'm curious if that's the case, I that wasn't my expectation that licenses are um that have been grandfathered for one become, you know, uh in perpetuity at a location grandfathered in, but I'd love to know the city attorney's opinion on that, too.

Uh Tim Peas again, city attorney. I um I brought my book from the first time I was here and I have the the uh memo to the city council from um the manager and it talks about this particular situation. And there's some confusion that allowed the prior owner to continue operating at this location. And based on that and based on the sale uh from Boss Lady Genetics uh to the new owner, uh the view of the staff was let's let this business, this new business operate under the prior license until June. And I think my memory is is pretty good on that. go back and take a look at the council minutes and and uh tape if you like, but that was the discussion that they would be allowed to continue uh under the old license until June, but they would have to apply to get a new license and then have to comply with whatever ordinance changes and overlays uh would be in effect at that time. just like to add to that by taken the lawyer out of the feed that you're denying my um dad's right to counsel which is also notable.

No, no, the public comments closed. Um any further questions, comments from council, councelor Allen, I have many questions. Um who did you not want allowed in here? anyone from the public. Steve, the public comment is closed. So, I'm just But you're saying that someone can't come in this room? No, he he's remotely trying to join the meeting and he continued to interrupt me, so I have to

Well, I'm sad that we're not um I think we've jerked this guy around a lot and obviously there's some bad information that is going out and some bad information that's coming in. And I am not in favor of marijuana shops, okay? But Mr. and Mrs. Ellsworth voted during a presidential election 55 to 45 that they wanted recreational marijuana in Ellsworth. And just want to note, Steve, this isn't recreational marijuana. This is medical marijuana.

Well, okay. Well, I don't think marijuana smokers care what you call it. I don't know that. But at any rate, um it seems that this is a planned strike against this guy. And I'm very sorry to hear this and not to let his attorney talk. We're here to get this business done. You guys keep kicking this thing down the road, it's going to haunt you forever. Okay. So, can I say one thing? Let's let's so I just ask everyone to be, you know, if you'd like to speak need to be recognized by the chair. That's the Robert's rules of order.

Uh we are sir councelor Howen's going to finish his comment and then we have the clerk would like to provide a comment. Public comment is closed. If I do allow you to speak comment, this is discussion between the applicant and council. Happens all the time when you go to city council meetings. Usually open dialogue is how you get the name. I'm going to ask you.

I've never heard them say public comment and close. I'm not the public. I'm the applicant. There's a difference. And unless you're different than every other council that I've ever been in front of. They never stop applicants and and council going back forth. How do you get open dialogue and find the answer? You guys before basically said, "If you guys conform to our standards, now you're bringing this new thing in about non-conforming when you guys already gave me permission. You realize the lawsuits going on here. You realize the liability. I will personally investigate everybody here if I have to to find out what the corruption is and why I'm being denied because there there's a reason. Sir, I'm going to ask you to please refrain from threatening the I'm telling you I'm going to find out the truth because I don't deal with corruption very well and that's what's going on. I've been Yes, we're all out to get you because no one knows you.

Why would you send it? Why would you send a letter saying that we can do it and then you're tell this whole last meeting you your whole thing was nothing to do with the conforming law. It was to do with safety. Sir, I'm going to ask you to please. You've already you've already made your point attempt whatever you want to do, but right now I'm an applicant. I'm not part of the public. There is a difference. Sir, we're in council deliberation. People have free dialogue. How are you going to find an answer to the to these questions? They would never even brought up the conforming lot thing ever. So all of a sudden now the conforming law said, "What's next?" Sir, I'm going to ask you to please refrain from further comments such as that.

As long as nothing is said wrong, then I will. Okay. You removed my attorney from the meeting. I have never witnessed more disrespect than council than I have here. This gentleman asked to hear me speak last time. We wouldn't be here. You denied him. You didn't deny him. You denied all the citizens who voted for him. They voted for him so they can represent him. Sir, I'm going to ask you to please refrain. And I've never seen an applicant ever be denied a council member ask him a question and not be able to respond. And I've never seen an attorney move from a niche. I'm sorry, but this is just this is a shame. And it's not the council member. You guys have all been great. It's going on here. Sorry to be this. I try to keep calm. Sir, please. I'm done. I'm done talking.

Thank you, council. If you have any concerns with how I've been, you know, I Steve, I anticipate Well, could I finish my comment? I wasn't I didn't interrupt you, but you may finish your comment. I apologize. I don't think you need to apologize. I think that you've been treated very unfairly two times that you have been here. And to answer your question, absolutely. This is a planned strike. I don't like these pod shops, but this is a planned strike against this guy. Let the man and his attorney talk. That's what we're here for.

There's no planned strike here, Steve. That's very clear. Why did they brought before then? The conforming. Please stop. I'm not going to stop. Then I'll have to ask you to be removed from the the chambers. That's fine. I'm not good. Councelor Shay and I apologize to council. I'm not trying to offend anybody.

That's okay. I I understand your frustration. You You're trying to run a business. I like to have businesses, okay? As well as residents because you pay taxes. It helps us do things. Okay. But every now and then people will enter into a business deal that kind of looks really good, looks like it's going to work out just fine, but then for some for for very good reasons, ordinances and rules and laws get changed that should have been done way before you entered in buying this building. Okay. Um, but again, when you get dealing with real estate, a lot of people buy real estate and evidently don't realize that certain parcels are wound up in not good loom, but that grows nice grass and good vegetables and stuff like that, and it turns out it's contaminated poop. You see I mean but but

you got to look at location location location and and in the basis of stuff the reason why the license got denied before because of mainly in my opinion was the location and the issue about trying to correct our zoning. Okay. And having certain businesses that fit in the right spot, okay, for so that the people that you serve can get good service from you. I'm impressed from what you've demonstrated with all your packets and everything. You're you're probably going way above and beyond. I I could care less about the cannabis business mainly because I stopped smoking it because uh ah it's against federal law and a lot of things I do for to make money over the years had to deal with federal law. You see me?

But in all honesty though, I you know I mean I didn't have I you know like I said it it's you've got money and time invested into that and you did make a comment that you would you know about where the location you don't really want to be on Main Street but you know what I mean that and that's where we're that's where I'm at. I I don't want to be on Main Street. If if if it was in Donald location, I'd much rather have it since it is a license there. I definitely like if it wasn't for the fact that before you did your ordinances, like you saying, plan strike,

these guys, the city either attorney or manager communicated. You expect when you communicate with a city tanner manager or attorney that they are on the up and up at the utmost. Their word is gold and we took that based on an email saying that we can do it. We went right to the source. They could have said it's not going to knock out but they took a month to get back to us. This was done on purpose. Why would you? There there's a connection. Sir, may I please ask you this is the last time here. You can That's fine. But I just would please ask you to stop commenting. This is not a public exchange and that's the problem with this council. Understood. You you've made your you've made your point. It's on the record. It's all being recorded.

I'm sorry. I didn't mean to contradict you. No, no, no, no. You can't. Please don't engage back and forth. I'm not going to I we can if you want to talk with me later after the meeting's over with and all that stuff. I really there's a lot of concerns when it comes. Like I said, I I I I have a lot of people respect that should have been done with the manager and attorney way back when we brought this. It should have been like you can't do it. It should have never been. It's a non-stop. I'm going to but I understand. Go ahead. So

any at this point I think we've discussed this matter uh sufficiently as a council unless any other counselors have a question for our legal counsel or our staff. Council Howerin, I'd like to understand why a business that wants to come to Ellsworth couldn't rely on the code enforcement officer's communication. I think we've already addressed this, Steve. The communication related to the previous license, um, they are now under a new license and a new license cannot be approved at this location because it's not zoned for this use. Could we hear the email again?

No, Steve. No, we cannot, Steve. The public comment is closed. We are lying. Let's lie. Can we just lie? Council members lie all the time. You need to know. You guys should take it home so you don't lie. That's exactly what the email said that the new existing business would be able to operate there. Council members should take it home before they step up there. It's okay. Don't lie to the public. I've witnessed it too many times. Could we hear the email? So, basically, Steve, we're done. We're not turning. He's lying. We got more emails. By the way, the attorney's got emails. Go ahead, finish. Will you keep Don't say lies and I won't comment. I want to move for a motion that we deny this license for the grounds discussed by the council here this tonight. Second.

All those in favor? Opposed? Abstain. Sorry, I'm going to go with opposed. Okay. Uh carries four to three. The license is denied. My apologies. Okay. Just in for the council, um when once public hearing is closed,

regardless if it's someone's lawyer or the applicant or anything, that's when it is our turn to deliberate. These meetings are not meant to be free-for-alls with, you know, public exchange. Otherwise, it turns into this. you we you're free to disagree with mine or other council members positions on a matter. That's what this is for, to have a civil reasonable debate. Um and I just ask the council to try to adhere to that so we can proceed orderly through the meeting. And um with that, I think we're on to the next agenda item. Council under number number order number 042601. Discussion and action on the request of the city manager to approve the annual report for afford affordable housing tax increment financing districts. So, um, Deputy City Manager Develin, how who's on top of this one? I'm going to invite Twilight up, but I believe that this is just a standard annual report that we're required to file as part of having the tax agreement finance districts um for affordable housing.

Good evening, Twyla Fisher, director of economic development. And yes, exactly what what uh Sarah said. This is just an annual report and there were no changes to it from the report last year because the the units for each affordable housing tiff district have remained the same. There have been no sales and so everything was reported as stands for this year and it just was signed off on and we need to submit it by April 30. Okay. Any questions for our economic development coordinator director?

Okay. Do I have a proposed motion? I'll move to approve the annual reports for tax year April 1st, 2025 through March 31st, 2026 for affordable housing tax increments financing districts Leonard Lake, Oral Way, and Oral Way Senior in the Yes. in the city of Ellsworth.

Second. Any further discussion? All those in favor? Unanimous. Council order uh agenda item number 15. Council order number 042603 public hearing and action on request of the deputy city manager to prop one. All right. Sorry about that. I was just really excited for that.

Allow me to Allow me to restart. Council order number 042602. public hearing in action on the request of the director of social services to repeal chapter 36, the main municipal association general assistance ordinance and replace it with the updated main municipal association general assistance ordinance 2025. Tina uh Katina Vanatine, director of social services. Um this is actually just a maintenance update. um MMA just went through the ordinance and corre corrected some grammatical um wording in it. There is nothing in the ordinance that changes the way general assistance is being executed. So, so pretty much you'll see like all these red lines. It's literally just changing from one page to the other. Like page one is now page two. It's a huge mess, but it's small stuff. Sorry. I know. I just wasted a whole tree back at you guys.

You better plant one. Go back. It's okay. It probably come out of Georgia or something. Don't worry about it. Um, this matter is notices of public hearing. So, this is an ordinance. I'm going to open the public hearing. Public comment. Would anyone like to provide com public comment on this matter? Seeing none, I will close the public hearing. Council, how would you like to proceed with this? matter. Councelor N. Smith, I have a a question. You're saying that this is coming from MMA. Is this a consistent ordinance across the state and municipalities? Yes.

Yep. A majority of municipalities use a main municipal um for the general assistance ordinance. You got big cities like Lewon. Bangor does have their own, but the larger cities, I think there's actually only three within the state of Maine that creates their own ordinance. Thank you. That's helpful. Any other questions for Tina? Seeing none, do I have a proposed motion? Councelor Martin.

Um, I move to repeal chapter 36, the main municipal association general assistance ordinance from 2024 and replace it with the updated Maine Municipal Association General Assistance Ordinance 220 2025. Do a second. Second. Any further discussion from councel? Seeing none. All those in favor? Opposed? Yays carry. Thank you, Tina. Thank you.

Agenda item number 15, council order number 042603, public hearing and action on the request of the deputy city manager to approve funding for municipal partnership initiative with Maine DOT for phase one of Bayside Road engineering and construction. Now, I believe we have our deputy city manager that will discuss this with us.

Um, yes. And before I start, I don't normally make editorial comments like this. Uh, but I just want everyone to know how difficult it is for staff to pivot and present items when interactions like that happen. I know it's difficult for you as well, but we are here as a resource. We're here prepared to give you the best information we have and it's extremely difficult to pivot. I just want to I'm sorry to make that editorial comment but I had the opportunity. So on to Bayside Road. um Bayside Road. I presented I believe at the April workshop um how we approached the state to enter into a uh municipal partnership initiative which is um fondly referred to as an MPI and that is a 50/50 match with the state to um do improvements on state roads. It's a very popular program that many municipalities throughout the state take advantage of because main DOT does not have enough resources to um maintain all of their infrastructure. So Bayside Road is a um very it's becoming an increasingly popular route. Um the traffic volumes are increasing annually on that route. I'm sure that you all get um complaints regularly about that road. It is one of our highest priorities. So we um requested to we had a lot of conversation with Maine DOT about this road. It's a priority three road which for Main DOT standards it um does not get routine regular maintenance um and it's an unbuilt priority 3 road. So this proposal is to enter into a um municipal partnership initiative for a $750,000 match. It's so it would be an additional $750,000 from main DOT. So $1.5 million for this

phase of Bayside Road, which would include engineering and some construction because we anticipate the engineering is going to take quite a bit of that chunk of money because it's from Washington Street all the way up to Beachland. And it would be to build that road up to standard. So, under drainage, um, right ofway, ditching, um, pedestrian accommodations. Um, so we want to get as much as we can get done with this initial $1.5 million full transparently, fully anticipate coming back for additional follow-up MPI um projects to do the the full um length of that road. Um this is we are anticipating that the project will be funded through the Beck Beck with Hill TIFF which is um about uh 59 cents to the dollar. No impact to our state revenue sharing. So we would request to go out to bond for this and pay the bond proceeds with the um TIFF funding. I think I got it all.

Sounds good to me.

Oh, I missed one thing. Um, if we do do this project, we will get it up to be a built status priority three, which means it will become um in the um regular routine maintenance schedule for main DOT roads. And while it becomes in that regular maintenance schedule, it's not going to be at the same level as the priority 2, but we're going to continue to monitor and advocate for this to be bumped up to a priority 2 road if and when the traffic volumes reach that threshold. Thank you. This matter is not as a public hearing. So, I'm going to put it the public hearing. Anyone would like to address the council on this matter, please approach the DAS. Say your name for the record and um provide comments in three minutes or less.

Hello, Gordon Workman. Uh Ellsworth resident. Yeah, Bayside Road is tremendously bad. But one thing for sure, if this new corridor comes in, if you guys if this happens, which is a crazy idea, that road will be used so much more. It will be crazy how much more traffic that will have because you most of you weren't here in 76 or 72 when that high street went to a four lane. There's two councils I know for sure it was. The rest of you I'm pretty sure you weren't. And that road was horrible until it changed to four lanes. So that Bayside road is going to be used a lot when you change that. If that happens, which we I hope it doesn't because you're going to be putting Ela back 25 years, 30 years, 40 years, whatever it is, it's crazy to change High Street. But that road will be used a lot. So that's probably why you're building it up now to take that extra traffic.

Um, they are not related. Just Oh, sorry.

Sorry, Gordon. Any other Thank you, Gordon. Any other further public comment on this matter? Seeing none, I'll close public comment. Deputy City Manager Develin, did you have further information for us to consider?

Apologize. Yes. Um uh the High Street Quartrer project that Gordon is referring to is um part of a thriving communities initiative that the city has been um been awarded a grant on. and the concept plans that he's referring to were presented a couple a week and a half ago to some stakeholders. There is an additional follow-up meeting for stakeholder engagement on that um the 28th in this room at 4 p.m. This project was in the works well in advance of um any concepts for that corridor. So, one has and the deterioration has been going on for years on this road. Okay.

Thank you, counselors. Any questions for the deputy city manager on this council? Uh given the lessons that we've learned from High Street when they gave us a proposed cost for it and then they went over and then we had to pay the difference there. Um are we going to probably not hire an engineer but consult with an outside engineer to to check the state work here or the state engineers work?

Yes. So this that's part of this initial phase will be to hire an engineer. So this project will be done under a local project administration which requires the city essentially to do all the work. I'm actually certified to be a local project engineer for main DOT so I can be the project administrator to oversee it but it's just they'll basically just reimburse us for all the work. So yes we will um we will be doing our own estimates our own um engineering work. Main DOT will approve those plans, but it will be all done um under our guidance. Okay. Thank you. But you're not going to be out there with the flags, are you? I might be if I have to be a ticket to see them. I have a vest.

And if you would like to join her, we will get you. Thank you. I can walk up there. I'm flag. But um so

yeah the u it the road is really in hard shape. Okay. And and we need to fix it up, make it make it better so it's going to last longer and it it's been paved several times and yeah I've seen a lot of changes in the city. The biggest thing is I've seen a lot of traffic increase down through there and then there could be a bottleneck. There could be an accident that there's a lot of traffic that a lot of people go to the island. There's a large influx of people that work down on the island like Jackson Lab employees and there's another biological lab down there. But there's so much work down there and when they come off the island in the summertime, um they they take several different routes to avoid hitting high street and and and that causes a lot of congestion. Um, I I don't want to build it up so it becomes another Speedway 95, which I'm pretty sure Ralph doesn't like how fast they go down through the Bayside Road. But it it's like if you don't if you don't improve the the underpinnings of it. And then on top of that, we have utilities that run up through there. And I'm pretty sure that uh we will fix the the uh water lines and any sewer lines and everything else and maybe even add some more hydrants up there for fire protection and stuff. You know what I mean? To better serve the residents along with uh walk a sidewalk. Council Harland, did you have a question?

I just I'd like to just direct our attention to the high street um project that came through here last year that the state picked up most of the bill for. um that was well needed and well perceived by all of Ellsworth's residents if not um the surrounding communities and as bad as I hate to spend money, I think that this is a viable project. Uh, I realize it's a state road, but it's not going to get done until the city takes the bull by the horns and pushes forward to give them an incentive to do it. And the the road is in very rough shape and I fire support public roads as opposed to let's say the courthouse road. Uh the courthouse road um is similar in cost but far different in value to the city of Ellsworth. And I would support um this initiative to get the Bayside road up to speed to where it should be. And I don't see another way to do it without putting some money on the table.

Councelor M. Smith as one of the many Jackson Lab who uses that road two times a day with all seasons. Just to repeat, that road is in rough shape and this sounds like a good project that will help help Ellsworth grow and thrive. It is a good investment. N Smith,

thank you. The one the one point I would add that really struck me in the work session, it was a really thoughtful conversation about this and and the key for me is um we're paying half the state is paying half for a major build, not just reconstruction, but that that does put it in line for regular state maintenance. And it may not be as often as we want it, but it's got zero now. So the same concern about the speed that people travel on that the um the ruts that are in line with where the the road tracks are slow people down because everybody offsets but that will lose that and when we do as a natural reason for people to slow down just a caution. I know that it's meant for efficient movement of vehicles but to do so in a way that ensures safety for everybody the road users and people who are along the way. So, I'll be supporting the measure.

Okay. Looks like we have a lot of support. So, does anyone like to make a motion? I have one at once. I'll make a motion. Councelor White move to authorize the city manager to secure financing through a bond anticipation note and subsequent bonding of $750,000 for the m municipal share of the Bayside road improvement project with debt service to be paid from the Beckwith Hill tax increment financing revenues. Second

second. Any further discussion from councel? Seeing none, all those in favor? Look at that. Okay. Hey, girls. Don't let that Don't get too Don't get too confident. Okay. Agenda item number 16, council order number 042604. Discussion and potential action on the request of the public works director to accept D grant funds for the wastewater project. Good evening everybody. Mike Harris, public works director. Hopefully, this will be a much calmer interaction.

Um, we can shift if you want.

It's okay. Uh really so the city's been very fortunate um that we have established a pretty good relationship with um the funding se section of the D and they awarded us over the last few years we received $2.2 $2 million in matchfree money from the ARPA funds for wastewater and storm water improvements. Uh we received $375,000 in um matchfree money, principal forgiveness money for engineering which the council accepted not too long ago. And so then I had a phone call from Brandy um who is the head of the funding section informing me that they had money available from another other towns whose projects fell through and asked if we would like to receive that money to help us complete the projects that we have going on. This money is again match-free money. The city doesn't have to put any money in. And in this case, it will bring the $375,000 u matchfree money we received before is now increased to 1,1720 in matchfree money. And so I'm simply here asking the council to approve the acceptance of that. And I have Brent Bridges here from more than current if anybody has any questions about the funding funding mechanisms and those

things. But at the end of the day, it's a million dollars now that we'll be using for wastewater projects that the city will not be required to put in any match money on. Great. Any questions for Mike from council? Just to clarify, Mike, I think you've said a few times, but this is money that we get from the state that we don't have to put another scent be behind. And they approached you and said, "We have money. Do you want it?" That is correct. Called you up and said, "Free money."

Did you give them my number? I have worked for many years establishing a relationship with the people of DP. Okay. And they understand that Ellsworth is growing and that we have a lot of um infrastructure projects happening. And so when these things happen, you know, we're one of the people on the list that they're going to reach out to. Uh

also because we get the projects done, we spend the money. It doesn't sit, we spend it. And so we've done the water street pump station. We're doing the high street pump station. We built a new wastewater plant. Um so we've we've had multiple successful projects and you know that's what they like to see. Great. Great. Councelor White,

do you know what projects you'll use this money for off the top of your head or? So, the next project that this money is slated for is the continuation of our uh dewatering upgrade project that we're doing right now. Um that's about a $4 million project and we as I mentioned at the budget workshop uh the attempt is going to be that we can fund this project without having to ask the city for match money and we are quite a way there quite a ways there right now.

Can you phase this? So, we've got the 1 million now. Obviously, 3 million short. So, this is a project that you can do in phases. Yeah. I mean, we Yes, that's what we're doing. Um, and there's other monies. So, we're we're we're not $3 million short.

Oh, okay. We're I mean Brent could probably speak better to where we're at funding wise, but I think we are maybe at this point with this money a million short maybe depending on how all of the projects fall out. But you know, we have other projects that are going to have um had extra money in them and then with the likely possibly are going to have extra money in them. And so it's just a matter of rolling that money and keep progressing forward with it and taking that money and continuing to have projects that we can do with it um that better wastewater department, better the city of Ellsworth. So and try to do it at a minimal cost to the taxpayers. Council Helen,

could you speak to this Davis Bacon wage rate, Build America and Buy America provisions? Yeah. Um, does this commit just those funds to those wages or the entire project to those wages?

So, it's the project, not it's always going to be the project. So, so, um, depending on what funding agency and where the funds come from, as you alluded to, um, most federal monies now, um, require Davis bacon wages to be paid to any contractors working on the job and that the majority of the materials for the job be Americanmade, so they're by America. Um, so yeah, that's the provision of all of the pretty much all of the money that even the even the clean water SRF stuff. A lot of that if there's any federal money attached, it triggers it.

So, if I may, um, if you you said it's a $4 million project, it's estimated. Okay. Yeah. All right. So, the three million that we have to fund Is that going to erode or is how does that compute? In other words, right,

is it still a value for the city or are you having to pay out the entire project with heavy wages that defeats the purpose? Brent Bridges, Wood and Curran. And so we've been fortunate enough to work with the city in the last few years on storm water, water, and wastewater. And so Mike was right. We've got so a dollar in. So that money is um Davis Bacon wages and BABA. And so that's all the way the new money is coming. There's some old money hanging around that didn't have that in it, but all the new money is coming with that provision. You know, for instance, we just went out to bid to RFP to look at centrifuges, which is the main process you use for the dewatering. got four bids back in. We put all that out with those conditions. So all four of those companies submitted with the BABA conditions in there. So they were in compliance and so all the future money we will be receiving towards this project including some money you already have already has got that provision in it. So there's no way to avoid it. So it's all by American and it's all um um gave us bacon. One thing I will um talk about with Mike said, even though it's a3.74 million project, that's a million of it. There's probably a million and a half or $2 million we already have received on wastewater and and and stormwater projects and depending how things come out could be used with this project leaves you a million to a million million half dollars short. And so if I had 30 more seconds to talk, I would also say that we just submitted on behalf of the city last Friday to the clean water SRF program for the balance of this work.

And so the reason that's important is because there will only there's a pot of money that D has that can only be used by communities that have already received the same kind of money that the city received on the cent. And so there's a special pot of money that only five communities in the state of Maine can take advantage of. So we submitted on behalf of the state of Maine on behalf of city of Ellsworth to be able to receive that and when you got that million dollars Wells didn't use their money so that money came to Ellsworth and so Mike's got such a good reputation with D that they know that you can use the money you have needs and so we're very hopeful that that million half dollar shortfall that we've got right now is going to come in the form of a pretty large grant towards the city to be able to help finish this Thank you.

Thank you, Brent. Any further questions for Mike or Brent um about the request? Um any public questions? Oh, public questions. Oh, no, that's fine. I didn't see that's public. I was going to make a motion. Oh, but

I didn't see anyone jump out of their seats. So, if you want to make your motion, Pat, that'd be great. I make a motion to move the acceptance of the amended principal forgiveness funding in the amount of 1 million $1,7720 from the main department of environmental protection through the clean water state revolving fund emerging uh contaminants program for dewatering upgrades projects and authorized city manager to execute necessary agreements, documents to ensure compliance applicable with the federal and state requirements associated with this funding. Do

I have a second? Second. Second. Any further discussion from councel? Just to say thank you for the good work. I ditto. All those in favor? Unanimous. Thank you. Thank you. Okay.

Agenda item number 17, council order number 042605, public hearing and action on on the proposed adult use cannabis overlay zone and chapter 56 unified development ordinance article 3 zoning districts to establish the location of adult use cannabis shops. I believe we have our director of urban planning and development, Danielle Gif here for us.

Yeah, good evening everyone. Danielle Gif, director of planning and urban development. Um, yes, just as Chair Lions described, this is the third piece to completing the adult use cannabis ordinance um for the license um here in Ellsworth. Um, as a reminder, the the first two steps were adopting the performance standards in chapter 56 article 8 and then adopting um the um amendment for chapter 14 which is our licenses and permits chapter. So this is the third piece. This um is a zoning overlay. So it will it defines where the adult use cannabis stores can operate. Great. questions from council um regarding this proposal. I see we have the overlay map in our packet as well that shows the overlay district. Well, this is notice is a public hearing. So, um I'll open it for public comment. Uh Raymond Williams, 56 Hancock Street, Ellsworth. I come tonight to point out to the council that I don't believe that this is properly before you this evening because that the notice has been improper on this. Article 115.3 is the procedure for amendments of the universal development ordinance before the city council and the first section a A states that before amending the ordinance of the official land use map council will post and publish notice of public hearing to provide adequate time

to public adequate time to comment in accordance with various provisions. The first item says that the contents and notice must be written in plain English, understandable by the average citizen and contain and contain a copy of the official land use map indicating the portion of the city affected by the proposed amendment. The notices that I have seen published in the Ellsworth American on this have never have not do not contain the land use map attached to them and generally contain rather a morphus language. It says public hearing and action on the proposed adult use cannabis over the way zone in chapter 56 unified development ordinance article 3 zoning districts to establish the location of adult use cannabis stores. This does not say what districts it is going into and I don't exactly think that that language in the public hearing in the notice is exactly uh completely plain English. The next thing is that the notice must be posted in the Ellsworth city hall at least 13 days before the public hearing. I have been checking the bulletin board out here where you come in from uh from Church Street. And there has and there is a place there for council public hearing notices and there is was no notice of this placed there anytime up until this evening. And also since there was no notice there of course wasn't any uh any uh copy of the official land use map. Also

subsection 3 3II small eyes says the notice must be published at least two times in a newspaper that has a general circulation in the city of Ellsworth. The date of the first publication must be at least 13 days before the hearing and the date of the second publication must be at least six days before the hearing. The first publication in the Ellsworth American was in the Ellsworth American of April 9th, Thursday, April 9th, 2026. counting counting uh forward from those dates and uh not counting the 9th and today is the 20th. There is only 11 days notice that has been provided and I would also note that the notice as as earlier said has does not contain the uh the map. It also the second notice public April was in the American of April 16th and and days since then are the 17th 18th 19th and 20th and that's only uh four days and not the six is required. Uh I basically from what I've said I don't think that the time that the notice has been appropriately given public notice because this hasn't wasn't posted in city hall and it has not have the time period correct time periods for publication. One other final point that I would mention which doesn't really have to do with a notice but it's something that's very

important that in looking at the packet of materials which the council received and uh in that packet of materials it states that the license application period and opened on April 14th, 2026, which was last week, and it closes on May 14th. My point of contention with this is opening it on April 14th was before standards were adopted by you and uh the licensing standards were adopted by you. But as of April 14th, there was no zone approved and adopted by the city council where this pro where personal use cannabis stores were allowed in the city of Elsewhere. That is what's before you tonight, which I don't think is properly before you because of these notice issues. But that is an issue that I was afraid was going to happen because I appeared

Ray, you've gone pretty far past three minutes. If you could please I I'm going to make a statement. I don't think that in purposes of public hearings on issues that the threeminut rule should apply. You have been doing it ever since it was done, but I don't think it should apply because it takes to explain things more than three minutes. Although I think I have actually done it except if I can finish up on my application point. I don't think that it's pro those application periods should not have opened and in fact I don't know maybe it hasn't opened it. It's in it's in the memo that was provided to the council that said that it opened. But I check out City of Ellsworth web page quite often and I have not found anywhere in there that it said that it was that it was opened. Although if it was, it was incorrect. And putting that in a memo to the council, it's also incorrect because I do not believe that the application period should be open until such time as everything is adopted, including the provision stating the zones that it is allowed in.

Thank you, Rick. Thank you. Additional public comment on this matter. Seeing none, I'll close the public hearing. Um well I think the notice question is one I don't know if staff can address it. I can go to the dates. I can only with a once a week paper it's very difficult to go to 13 days if it's only on Thursday. Oh, that's true.

Without sending it to the Bangor Daily, which is typically twice as much, if not more to notice. I will also comment that there was a notice to a butters that was sent on April 2nd, which is excuse me, 18 days before this meeting. So Mhm. the property owners um abuing the zoning overlay area and within were noticed.

Any comments or questions from council? Councelor Smith. I mean there's a key question. Did we meet the legal obligation of notification? I mean we would have to go back and look at the exact dates. I I don't have that information right in front of me. I mean, I know Ellsworth American I I know there's the challenge of it being weekly, but we I know that there's regular um outreach to us with deadlines and such. So, I don't know what's in their their ordinance. I don't know what was in 56 for that unfortunately. So, I can't speak to that

question for Charlie's raising his hand. Sorry to interrupt you.

Yeah, I'll um you know, I'll trust Ray on this one. We It doesn't matter if the elder American, you know, wasn't time frame or if we need to get into the bank if it's too expensive. If it hasn't been noticed the right amount of times, um you know, I can't advise the council to move forward on this. And if um it's on us as a staff, it's on me um for not double-checking in the memo those pieces. Um we may have to look to call a special meeting at a specific time. Uh, but if we haven't gotten two notices, again, I'm, you know, I I haven't looked into deeply into what Ray's uh talking about there, there's always a chance I could double check Ray in real time, and that wouldn't be the case, but he's pretty good on these pieces. So, um, Ray and I have gone back and forth on many other ones where I thought he is wrong. But if we needed two notices and that's what it called for and you know Ebony if you can't confirm that those two notices have gone to the paper at the right time you know we got to my recommendation is going to be a table and then we'll you know we'll have to readise maybe in a special meeting making sure all the notices are locked in and talk to council to make sure that those pieces are done.

Council, I agree. I think that's a valid point. I think there's no screaming need for us to act on this if if we in fact we haven't given proper notice. So that's what I would support as a tableabling. I can make a motion. Um yes. Um I would just move to table. I'll move to table this um until we can assure we've given proper notice. Second. Second. All those in favor table.

Thank you Mr. Williams. We'll get there. Council order number 042606. Discussion and potential action are request of the tax collector deputy treasurer to proceed with the sale of a vacant city-owned lot of land. Oh, this is a meeting, huh? Um, so since this agenda was made up and submitted, I have changed my mind. Um, we haven't.

No. Um, so what I found initially, we were under the impression that this was land that just wasn't being used by the city. And I have since found that public works does use this. Um, and my recommendation is going to be to keep it. I don't I don't want to sell not that I'd be selling but I don't think we should sell a good piece of land that we one are using and two may be able to utilize down the road. Um I just think we'd get more monetary value out of keeping it at this point. And so my recommendation is to uh not take any action and to just to keep the land.

Okay. Um and Susal to the folks in public works about the use of the property and they want to keep it. They do. Okay.

Yes, they do. Um they they are using it. Um I I just if if we have property that is vacant, we have no use for, we're not doing anything with, then I'm all for it. We'll go ahead and sell it. But they are using it and and in those conversations, there are future options that we can use that land for. And I just think we should take a look at all of that before we put it out there for sale.

And I would just note that Sue is working on posting an RFP for the other um right property that should we're doing it through open gov. So that RFP should be for realators to solicit for realators to work with us on um foreclosed property and tax acquired property to sell or to see what we can do with. Right. Um that should be posted this week. So, we'll notify council when that does go live. So, yeah, I I expect it any day. It's I think I've got it finished and I just need the final stamp on it. Okay. So,

well, I don't think we should sell the property if public works is using it um and the city has use for the property. Um other folks feel agree. Agreed. And it looked like there's future other potential in the memo for the city to be able to use it as well. So we could hold off on it for now. So we'd simply take no action on this item if that's how the council unless anyone would like to make a motion to sell it. Seeing none, councelor Howerin,

I I have a question. Where did this come from? The land some. No, no, I I can see that. No, but where did um it's obvious that it was turned over to the city by the previous owners um a long long time ago. And what drove this process? Someone come and wanted to buy it. Oh yes. We received a phone call and honestly I cannot remember the person's name. Doesn't matter.

Um, we received a phone call asking to buy the property and initially we thought it was just vacant empty land and so we thought we'd entertain it uh and told him we needed to take it to the council to find out what process to use. And um since then in doing that I've asked around a little late. I should have asked before I did this but uh and found out that it is being used. So I kind of backtracked a little bit on it. So, if I could continue, um, is the person that came forward, um, an abuing land owner that needed this extra property for some development or it was

he he was going to Do you know what he was going to do with that? No. I don't know. Okay. Okay. Well, I don't I mean I don't know that that Do you know that from the land owner that did they talk to you about it? Yes. Okay.

Sorry. It wasn't a budding land owner. They did want to use the property. They approached the city about it. Initially there was a thought process that we could make the sale because we weren't the at the time we weren't fully aware of all the potential uses and also it's used so it's the land at the very end of the industrial road and we do use it to store gravel and things like that materials and stuff stored on it right now. Um and so that is why we are recommending not selling it. This says um blown ledge and big rocks is currently stored there. Um and dumping grass clippings when you mow on that end of town.

We're using it for a waste dump. Are we my concern is this um are we not working with the abuing land owner? Uh can't we dump rocks and grass somewhere else and put this on the tax roles? But there's also the potential for us to get greater benefit out of that land more a greater monetary value than what we would sell it for. That may be true, but there's taxes involved and you've had it since 1975 and that hasn't happened yet, right? So, waiting another year may not That wasn't where I was going with it.

Council White, as a contractor myself, I can appreciate a North Ellsworth storage space for as big as our town is. So I think you can say that we might cut down on fuel and transport time and stuff like that having something on that side of town. So I can see the value.

Any other further questions from council on this matter? I think um we have a proposal from staff to take no action and from what I've heard tonight that makes sense to me. And um if we change our minds and want to sell it later, we can. Um I know there's a lot of other city properties that we're working on to sell. There are a lot of them,

but we don't want to sell all of them. And if some of them have value to the city, I think we should hold on to them. Especially this one because it's not tax acquired. So if we hold on to it, we don't have to pay the previous owner the value of it. So I think it's another reason the city wants to hold on to it versus the numbers that we have foreclosed upon where right if there if if there was another piece that was tax acquired we would have to buy it in order to keep it this one we don't it's ours savings to the city there as well. So um I propose we take no action unless someone proposes otherwise.

I don't know why we come by this. It was back when they made the industrial park. Yes. Yep, that's correct. And it was uh they needed also the easement to get to the substation for for Bango Hydro, which is now very I remember. But uh the beautiful thing it if we did sell it be all pure profit, no nothing going back to previous landers. But I'm not really in fan of having little piles of crap all over the place.

I think it's going to be used more than that. You know, using it as a waste dump, just big rocks. We don't What do we use big rocks for? Boulders and stuff. That's We may have use. I I don't I don't know. and you know, but little piles of crap everywhere that just doesn't go well with me. But okay, whatever the rest of the councilors want to do, I'm as long as it gets utilized, there's enough space for a bus garage, you know. Well, that actually has been mentioned. Yeah,

I was I thought I read that looking again for a bus garage in the It's in the email. Doc, thank you from Well, it's in this, but in the email from I just think we should investigate what we can use it for. I I really wasn't aware I haven't driven out to every single one of the properties that we have. I don't know what's out there. I probably should, but I don't. And um I just think we should investigate the the land, what it's worth to us, what we can do with it before we just decide to sell it off. Well, you got power line easements going through there.

That makes sense to me. Um so I think we should just take no action and proceed to the next agenda item. No objections otherwise. We'll do that. Thank you, Sue. Thank you. Thank you.

Uh, agenda item number 19, council order number 042607, discussion and potential action on the request of the deputy finance director to make a budget reallocation for FY26 from the capital reserve account to the facilities budget to cover anticipated budget overage in accordance with charter rules and to be refunded to the reserve account FY27. I think we have um Charlie and the deputy city manager to address this. Yes. So, we are suggesting that we I don't know if Charlie's on. Yep. Okay. I'm on I'll let you maybe lead off.

Sorry. Um we are requesting to table this until the June council meeting. Um we have requested uh of all department heads to do a cash flow analysis for the balance of the year to see where the budgets are going to stand there and the cash flow what they'll need for um purchases. So we thought this this was a bit premature before that exercise is conducted to see where um if there could be an opportunity from a reallocation from another budget line which Charlie would have to come forward to do that or um we may need to do this at the end of the fiscal year but we thought that until that exercise is done that let's not take out of our reserve account let's see where we stand and then possibly do it if needed after that.

Okay Rody did I cover it all. Okay, you want to supplement? Yeah. Um, just a little context.

Sorry. Um, the only uh thing I wanted to add, um, the the funds that we're speaking about for the overage uh are related for the the the expenses are related directly to the operation of this building. Uh, we're not asking for to go buy new things. We're talking about continuing to pay the electric bill, pay for heating fuel, uh pay for um service contracts that are in place, uh for the HVAC services, waste removal, um pest management. Um it's it's basically uh we're going to wait until the end of the fiscal year to see exactly what our obligations are for those expenses, which um I would identify as critical to the operation of the building. Uh, and then once we know what that number is, we'll come to you once for a proposed reallocation of funds if it's necessary.

Yeah, these aren't for new windows, new doors. It's not for that. It's it is for just the routine maintenance of this building for light items that are under budgeted. Great. Charlie, did you have anything else to add to that? Thank you, Ronnie.

Yeah, I I just know these next couple ones, and you there may be more coming through the cycle. This is probably somewhat new for council. um unless you were here maybe in 2019. uh the you know this was an audit. Those who have been at our finance committee meetings there's been a lot more background on this where we've discussed some of the previous audit findings on overages by departments um and in years previous uh and some of them significantly multiple hundreds of thousands of dollars uh and you know it doesn't get really notified until an audit uh report comes out a few years later. So, uh I really, you know, the the charter is pretty explicit on this matter. Uh that if there is a overage of a line item within a cost center, um the city manager has the authority to transfer money between the line items uh to cover the overage. Uh we Ashley, a incredible deputy finance director, uh uh has been working with teams when that situation occurs, so they're well documented uh and put in the budget. However, if a a full cost center is likely to be uh exceeded, that will take a city council uh approved budget transference. Uh and that hasn't happened for many years. Uh it's why as we're getting towards the end of the budget cycle, we've instituted a budget freeze across departments uh to anticipate if there was any overages of departments that we're going to have to find uh funds from other cost centers and then request the city council to transfer uh funds from cost center to cost center. So, uh that's uh the reason these will be going forward. As as you all know, I try to be as transparent with these things as possible. I think uh folks are are really sticking to a lot of the the budget freeze uh requirements. So, hopeful that we're going to have surplus funds so we don't go over our budget and there will be uh in case there are overages in a

department, we'll be coming forward to to let you all know and um and we'll be pulling money from uh from another cost center. So Rod's in kind of a unique case this year. He's a parks and rec director, but part of his charge uh in building this department, as the council knows from our budget cycles, has been pulling, you know, probably 100 line items from other budgets in the past that are all recreation related that he's been kind of operating at um out of for this last year. Um, so we're just going to keep a close eye on on these pieces and really not um not do anything that's not absolutely mission critical for for the organization over the next two months and 10 days.

Great. Thank you, Charlie. Councelor How,

has this problem been rectified in your proposed budget that we've had a 100 meetings on? Yeah, I believe it's about six or seven, but um the uh yes, Ronnie's consolidated all these budget pieces and then um you know for some areas that we're seeing overages on or increasing the budget moving forward. So, uh in the proposals and recommendations, a lot of that is in our overtime lines, especially in the fire department this year. Um those have been increased pretty substantially. believe we've already gone through the fire department's budget, but you can um refer to that. You'll see those those changes on where the overages were in the overtimes and how they've been adjusted this year. Um as previously noted, I um I've held back on two FTEEs within the organization, seeing a tough budget cycle with pretty extensive increases in um in benefit overages uh for the next year and just uh uh maintaining what we have. So it's um these are these are a lot of the pieces that I'm hoping not to have going forward. There's some things that were totally unexpected. Um you I think the double whammy of increase in gas prices matched with a solar credit um the solar fields being down for a lot of our power overages um in certain areas of departments. That was a big one. Um, so we kind of got hit by both sides of this. Uh, an increase in the fossil fuel prices and a lack of renewable energy credits coming into city council of power. So, you know, those ones we're hoping are oneoff, but we are going to start budgeting a little more. And Steve, that'll probably that's a recommendation from Ashley and I and our change log um to kind of do a final review of um of fuel uh and power moving forward amongst departments. Okay.

Um, any further questions from council regarding this matter? We have a proposed motion to table until the June city council meeting. Councelor Shay, make a motion to table. Do I have a second? Second. Have a second. Councelor Martino. Um, close third from councelor M. Smith. Um, any fur and motion at the table. So all those in favor tabled. Okay. Thanks Rody. Um we are with Councelor Smith. Why don't we take a fivem minute break?

Did you get more tea? The only one. The only keep it open. And if anyone wants this shut, I'll shut it. Let's keep it going. It's hot in here. Okay, Jason, we're going to I don't know if it changes, but we're back on the record. We're back into the meeting. We're on to agenda item number 4,862. I think it's just 20, but yeah, it is 20.

Council order number 042608. Discussion of potential action on the request of the deputy finance director to reallocate funds from the city's capital reserve fund to the code enforcement violator enforcement fund to cover costs associated with the demolition of a dangerous building on fairgrounds road. We have a memo from our code enforcement officer. Robert, would you like to address the council? So, I would just add, sorry to interrupt, but just to say that this one's a little different than the previous one. This was an unbudgeted expense um which I think Robert will get into, but that's why this one is being um requested to move forward. Okay.

Uh Robert Grant, code enforcement officer. Uh like Sarah said, uh in July we uh the city tore down the seven fairground road house that was it was a two and a half year saga of trying to get this dangerous building taken care of that burned partially burned. Um and over the course of those couple of years, for whatever reason, uh there was no budget line item put in the budget that for this fiscal year to take care of it. Um so I was approached u by public works to pay the bill because I was the one that had made the initial request to make it a dangerous building. Uh the only line I had that would have worked is my violator enforcement fund. Unfortunately, uh for this fiscal year, that was also unfunded. So, I had a line item with no money in it. I was told by uh the former finance director that's we'll put it there and we'll track it better next year. So, um, yeah, we're just requesting that we're allowed to use some of the reserve funds to pay for that overage.

And at our last budget workshop, we did increase that line item a little bit for this um coming fiscal year. Yeah, we had it at 20,000 basically. Yeah, that Yeah, 20 what I wanted last year. It would have pretty much covered it perfectly just coincidentally, but hindsight's 2020. 20,000,000 20,000 hindsight is 20 and nobody called you up and offered you like a million dollars. Uh Charlie, city manager.

Yeah, just a note. I believe so you um our recap of the budget conversation. I know that council, I think, had a little more discussion on this uh at last Thursday's meeting, but also that in the future, we're kind of lining this up with the clerk's side of things as well because, you know, uh with a parcel like this, it would get leaned. This, you know, this um this cost would essentially be part of the sale um to be recouped by the city at a future date. So, um, you know, this, uh, this this this money isn't lost, but, uh, we got to account for it in this fiscal cycle. Okay. Councelor Smith,

I I want to hear a clarification of that because I think you answered the question in my mind. Is there an opportunity to recoup this cost in the future from this property? Sue is probably the subject matter expert on that one. All righty.

Yes. The the quick answer is yes. The long answer is a little different. Um it this particular property is not a foreclosed property. The mortgage has been paid regularly. The the bank it's an escrow account. So the bank pays the mortgage never goes to lean. We have sent a bill out to the owners not heard anything back. What will happen is eventually, probably sooner rather than later, that amount of money will get added onto their account just so we can see that they do owe us that money.

And do you mean the property taxes have been paid all along, mortgage, but yes, the property taxes is what I was talking about. But so this will be put on as an additional cost. Yes. Lean on the property, right? I can only put a lean on the property if the taxes don't get paid. I'm not sure, and I've got to talk to MMA Legal on it. I'm not sure if I can truly lean it just for that amount of money. Now, we can do a mechanics lean. I mean, there's there's that the city solister the city attorney might Let's let Tim Weigh in.

Oh, yes. I forgot you were here. Yeah, I didn't forget I'm here. I didn't either. Tim Peas, city attorney. You're on the clock. Um, so the dangerous building process is an exception where you can get a lean just like a tax lean. It is secured, but you may not get it until the propertyy's sold. So, exactly. That that was my long answer in two part. That was really Yeah. Yes. So, it gets added to the account. We just won't get it right away. Any further questions? I don't know if Charlie's hand is old or new.

It's old, but actually, you know, I did have the questions. You just took it off. Sorry. This is on the bank. Um, the bank now owns the property or the uh No, no, the the owners own it. the the bank they have an es their mortgage is escrowed and so the bank is paying the the taxes we get the payment through the bank put it that way and uh they are really good on keeping it paid I it doesn't go to lean I don't they're making their mortgage payments I guess okay this just an opportunity to follow up directly with

um to see where this is at bill, but we can we can talk more later. We don't need to relate to the meeting already. So, we'll talk more later still. Okay. Thanks, sir. Council,

the property owner sent me a copy of a $42,000 bill that the city sent them. Um, and apparently they haven't paid that. And maybe that wasn't a real bill, but appeared to be a real bill. Um, and where So, we're asking for 19, but the bill I saw was 42 and change.

So, yeah. So 19 I think it's 193 and uh is that that's that's the cost that it to cost the city to haul the debris away from demolishing the structures and everything that was inside them still um to take that to the the transfer station and and it was 19 and change. Um, the rest of the bill is labor and time of materials. I believe there were three city employees, the excavator that we we lease in the summer and and uh at least one dump truck that did the job. Any further questions from council? Seeing none, any public comment on this? Seeing none, we have a suggested motion um from city staff. Anyone like to entertain that motion?

Council Martin. Uh move to direct the deputy finance director to re to reallocate $19,360.35 from the city's capital reserve fund to the code enforcement violator enforcement fund to cover costs associating associated with the demolition of a dangerous building on fair ground road. Second. Any further discussion from council? Councelor White. I have a question. Once it goes into your account, then you take that from your account and you send it will immediately public works account. I just Well, no. So, the the 19,000 it was build to me because I I was the I was the department head that ultimately asked the council to

So, but the money will immediately go into paying the bill's already been paid. Yeah, the bill's already been paid. It's just it's just a bookkeeping thing. Okay. Thank you. Further questions, motions on the table. Seeing none, all those in favor opposed. Motion carries. Thank you. Thank you.

Council order number 042609. Discussion and potential action on the request of the public works director to accept the proposal for long line striping and pavement markings painting. I would just like to highlight that um this was the first bid that we used in our new procurement system. Um public works Amanda Ray public works administrator and Mike and Brian worked really really hard to um get this out and be the guinea pigs for the process. But we learned a lot and it's going to be a really really valuable tool moving forward for the city to u be doing procurement. So, I just wanted to say thank you so much to the team for um uh dipping your toe in some uncharted waters which is kind of a little anxious but it set the pace and um provided a lot of lessons learned for the rest of us. So, thank you for that.

Absolutely. Glad to do our part. Mike Harris, public works director. As Sarah has so eloquently said, we put uh requests out for proposals for long line striping on our roads and then also another request for the crosswalks and other markings that we have within the city. Um and so starting I guess with the long line. Um so we put out the request we received four um bids and after we reviewed all the bids and scored them um we thought Lucas striping um gave us the best proposal that came in the amount of 25921 um and so I am recommending that we go with their proposal and have them do our long line long line striping.

Any questions from council for the public works director? Council Helen, the last two contractors have been city employees that this board was not notified of when the contract was given. When I brought that up the last conversation, you said that no city employees would be bidding on this process. How does this process block that? You said that it's the first time you've used the system.

The system doesn't necessarily block city employees. I believe Mike had a conversation with the city employees. So, one city employee that did this actually not the long lines that they did the other one um no longer works for the city of Ellsworth. Uh the other one does um who was the previous contractor and I simply had a conversation and told him that he was blessed

that we were he was not going to be able to bid on this for reasons other than you know other reasons not just because he was a city employee but that would be one of the primary ones. My only request is when we're awarding a contract to a city employee that's satelliting. Um I'd just like to know about it before we vote on. I don't think that that's been handled correctly. Um you find out here um could I finish please?

I don't think it's fair um that people I'm not against city employees being entrepreneurs. I just would like to know that it's a city employee that is being awarded a contract. Absolutely understandable.

You know, I I just to note a few things to follow up on the workshop where we had a pretty deep dive into the procurement policies and procedures. Sarah's correct. Um you know, the this new open gov system doesn't necessarily preclude that. Um though we are updating our procurement policy uh with an enormous amount of changes to kind of take full advantage of the transparency and security and um objectivity standards of a modern procurement process. And I know I think I could be reading the council wrong but I do have issue with uh employees you know wanting to be entrepreneurs and work for the city. I think that there should be a blanket that will be my recommendation is a blanket uh no city work on any kind of contracts uh for the city. I think that's for two reasons. Um one notification or not to the city council. Um it also puts the staff or others into a bind um if you might have you know issues with work. Um and I think also just you know hurts public integrity. You have one job here with the city um to be a city employee. Uh I don't want city employees uh moonlighting in other capacities. I think it hurts the integrity of the system. Um and our procurement policy is going to be updated. So future uh future um procurement there will be a note in there that you're not a city employee or that you'd have to self-certify if you're related to a city employee uh and bitting on a project. And as stated at the budget workshop, I believe when this was brought up by uh councelor Howerin, no bidder was is a city employee and none of the ones that we're recommending are city employees.

Councelor White. Um on here, he said work is anticipated to occur between May and June 2026. And I would like to highly encourage that the work actually happens prior to Memorial Day, which it typically does. I feel like the striping one just Sorry. Oh, no. I was just the um really throughout the rest of the city. I don't really notice it as a problem, but that uh uh Home Depot, Walmart road there, mark is awful always at the end of every winter and I can't even I live here and I can't remember where the lines are. So when the influx of tourists come in, it's just such an awful little stretch there. So

yeah, I mean Brian can speak more to it, but for the markings one is the one that gets dragged out. The long lines actually get done fairly quickly over a few days a couple days to the long lines, but the markings one is mostly done at night and depends on weather and so entails lifting those heavy stencils. It does, but we got to get the road swept first. Get get all that stuff done. So the markings are the are lefts and rights and straights but crosswalks and crosswalks but these are the the lines themsel which right now we're they're gone and once we get the road swept it I my goal is to have it done the week and before Memorial Day. It's usually that's when it happens. I just see in here that it says

Lucas has done our lines for us for 13 years now. Long lines and he's always had it done that week before Memorial Day. Yeah. Long as we had most of the sweeping done so we he can do along the white lines. Yeah. But the markings one is the one that's going to get take longer. It's going to take a little longer, but we can probably get the arrows some of the arrows done up there. Um it's just you know, I know it's confusing. Yep. I'm sure. And I would also just note on the um markings one that we were successful in obtaining two rapid flashing beacons, which are the crosswalk flashers through main DOT at no cost and those will be implemented to um after the markings are done.

Can you say where that will be? Yes, the library crosswalk um from the library to city hall and then the crosswalk on Franklin um over Main Street, I 86. Yes, I fantastic. Brian and his group work really hard at identifying those locations and sending me multiple pictures multiple times because I would lose them. So, thank you. You're welcome. Thank you. Yeah, that's terrific. Thank you. Any further questions regarding the long line?

Make a motion that we accept a bid from awarding u the 2026 long line marking contract to Lucas Striping LLC in the amount of $25,921 be paid from the public works highway department operating budget. Authorize city manager to authorize and execute all necessary contracts documents. Second. We have a Smith tie. Just put Smith. They're beating you. Well, I'm seeing a lot of excitement over this motion. All those in favor?

See, I like infrastructure. And the same agenda item also has the other markings. So, if you guys want to get into that, that'd be great.

Yep. And so in the case of the markings bid, we actually had five um biders uh submit proposals and um none of which are city employees. And after reviewing the bids and scoring the the proposals, it was determined that K5 Corporation came in with the best proposal for the city. And that's who we're recommending for the pavement markings bid. Council Helen, are they the lowest?

I couldn't find in the packet. Was but his quality work was the full of everybody's bid. I think Newman I don't know. I don't have that matrix with me, which is my fault. Someone's approaching. It's a good thing you brought her with you. Sorry. Stab you with my computer. Hold on. Make it so you can read it. I didn't find it in the packet. Tabitha helped me find a copy. K5 is right there. Yep. Found that. K5 just does not Newman's and all.

How big you want me to blow it up? No, you're good.

So, the lowest bid we received was from AllPro in the amount of $35,360. But when we received their when we looked at the scored the different uh proposals there was um they didn't meet the specs that we requested in their RFP. They didn't give us um details as far as specifications go, the schedule, like it was a very um rudimentary um bid that did not give us um all the information that we requested. And we were also a little scared that they were so much lower than all the other contractors and their bid was not very detailed to give us the information that we needed. So we just we didn't feel comfortable that they were going to provide what we needed and we didn't have any guarantees from them in the proposal that they would.

And in furthering this conversation, I couldn't find Newman's bid either. Newman's ground effect came in at 54049. Okay. And full transparency, Newman is a former employee with the city, but is no longer an employee of the city. So my question is this. No matter who does it, they'll be wore off by winter. Yeah. Yeah.

So why wouldn't we take the low price? It was just a matter of when we sat down and we looked at what they provided um us in terms of their specifications, their warranty um and committing to to the schedule that was requested. K5 had a much better proposal than the other ones, but again, it's all going to be gone in November. In the last few years, I understand they haven't even finished what they were supposed to finish when you had city employees doing it.

That is correct. That's one of the reasons why we I made the decision that I made with Charlie and Sarah's approval that that person was not going to be working for us. If my thing is this is that we're not talking about building the road. We're talking about lines no matter who does them is going to be gone by November. Why wouldn't we give the low price a chance? It was just a matter of the scoring committee looked at the the matrix that we were asking for terms of able ability to meet the schedule um ability to guarantee their work and we felt that K5 provided us the information that we requested and the other ones didn't.

And I would say that we didn't want to be in the same situation as we have been in the past with not getting the striping and the symbols, excuse me, done. So the schedule was a really important factor. So, we didn't want to be um you know, three years behind on some symbols because we can't keep up with them. So, that was a pretty important factor. Yeah, I can do it for 10 grand. I have a bucket and a brush. I'm sorry, but you're not permitted to bid. AND THAT'S that is um I don't want to be here. I know I've done this before. to that

to follow up on the the Sarah as you're not in the open gov and the new RFP process and thank you to Amanda and the team moving forward. I know Tabitha as well could kind of read between the lines. We need to get these out earlier um as well and you know having a system like this is going to be a lot easier to move uh next year. We'll evaluate this contractor should the council decide to move forward with um the recommendation of the committee. Uh uh but we're also we we were trained on this piece on some edits to this actual contract and in the future um to your point councelor Howerin um you know if a contractor is not able to meet meet the minimum bid requirements they won't even be able to get into the scoring round um themselves it'll be an immediate disqualification and you can set the RFP up actually for that. This will probably be more of an RFB next year to be on price but that minimum specs, paint, quality, guarantees, timing, etc. Um, you know, need to be met uh in order to move forward. The team has uh the evaluation committee uh scored that and you know had to kind of review those uh those minimum requirements being met uh individually. But in the future, u the system itself, you know, if if you can't meet the minimum requirements, you you can't move forwards.

And to follow up on Charlie's point, not to belabor this, but also the presentation to the council on the bids, I understand it, I mean, as you're noting, it's a little clunky how it's done. And that also in time with us using the system more is going to get much more seamless. So we appreciate your patience during this transition and us learning how to best optimize the system. I just think that if I may um I think one of the problems I have seen even before this system is we don't get the full story and I would like going forward and I've requested this before that everybody's bid is qualified and when I say qualified financially we it's hard to make a decision when we don't know everybody's prices.

Yeah. So just to clarify the scoring that we used for this relevant experience was one of the scoring matrices we used. Hours of operation was another scoring matrix that we used. Warranty was another scoring matrix that we used. Cost was another scoring matrix that we used. And then we totalized those. And after totalizing those we landed with K5. So, so on that note question in the the scoring matrices is that done in the software now? Yes.

Yes. So, and um that's one of the lessons learned that we had that um how we input that really matters of what the output that you get um for each scorer because you assign the scores. So, um it's all done in there. Um bid requirements are all done in there. It forces the contractor to check um that they're acknowledging or certifying something. So, that's all done in there. Um and we learned some lessons about how to maybe do it differently. But yes, the scoring is all done in the system and the scoring is all public information and correct. So, I think

it will be posted once the council makes their decision. Then we will be able to in open gov award it and then everybody will be able to see whatever they want. All the biders would be able to see it. And a note also on council access. We were originally going to set you all up as vendors in the system. So you could go in and see this but that doesn't really give you that capability. So, OpenGV is um creating a user group for a view user group and they should be done with that by the end of the week and you'll all get invitations and be asked to set up your um user so you can see all this too.

So, in the future we'll be able to see this information before we vote on it. Correct. Great. I think that that's helpful.

Yeah. Well, I should note a little bit here, too. um the the system will autogenerate packets and that's one of the key things we're learning and training the entire management court how to do. I know Sue and I are working on the AR and Sarah have been working on the RFP for the realtor but if you really set it up in the system um the council packet generation the scoring um rubrics um the pricing tables those are all you know very automated and then they can be so in perpetuity too. um notifications too to the councilors on hey there's this this bids out there even if there won't be a bid in the board that doesn't get automatically notified to city council um how they're opened but then also one of the nice things about the system too there's no like you you won't be able and staff can't either I can't go in there and say hey even though I have high administrative privileges I can't say I wonder what one bidder did I wonder what the other bidder did I wonder you know until um until the scoring and the uh the opening process and it opens. If it's an RFP, it might open internally and not publicly. If it's an RFP, it might be fully public. Um, the RFP uh not immediately public. It'll eventually be public is to allow for potential negotiation uh at a future date as well. It's not to high transparency. It's um it's a legal requirement to protect the city's interest.

Okay. Thank you, Charlie. I just learned a lot about the new bidding software. Um, so we have a motion before us that have we made a mo I No, we haven't made a motion. We haven't. So we're just discussing and stuff. Any further discussion from council on the

the only thing I would suggest is um when you guys do your scoring in future, it's called a letter of justification. So, if there is a vendor that's lower, but they've performed work for us in the past and didn't meet performance standards that are spelled out in the specs, you have the justification there. It's the same way as buying a piece of equipment. Yeah. Somebody comes in with a lower bid and you're kind of going, "What's the firm at?" No, I and then you write it a write a letter of justification. Even though this is like

10 grand less than this thing, what is this? And it doesn't meet the specs. You see what I mean? Yeah. No, I mean that's very valid data actually for us because we're I'm looking for I'm looking for the lowest. But just to give you like a quick idea. So one of these bids. So, you saw what we scored on. Um, one of these bids had one paragraph basically saying that they've been hearing for 10 years, one sentence about material, and then a bunch of references and nothing else. Yeah.

And so, I mean, I don't know how they want us to score, you know, they don't mention warranty, they don't measure hours of operation, they don't mention any of it. They just throw it in here. And you know, if you're not going to take the time and effort to provide the information we're asking you for, your score is going to reflect that. Any further?

Yeah, as I noted, Council Shay, just in the future, um, this wouldn't, you know, there'll be literally bubbles that you have to put in on the minimum specs. Um, and if you can't meet the minimum specifications, you would, this would, that proposal wouldn't even made it into scoring rounds. I just like I said people go why did you go with this I have a justification they didn't meet specs any further questions I mean it's a learning process for us with the new software we learned a lot doing this and you like it

yeah no I think it's going to be very um extremely useful not just for us, but for you guys, for the vendors, because vendors can subscribe and they'll be notified anytime a PID goes out. But the other piece that's very handy is like this will always be in here. The the template that we used to do these RFPs is always in here. So, if we have to go back and tweak it, we can

put a pricing table in there, which we didn't know at the time, but now we know. like all of that can be added questions about like have you are you a employee with the city of Ellsworth or have you been an employee with the city of Ellsworth you can put that question literally in there for them to answer so you have that information and so it's really flexible we worked our way through it pretty good and um you know we have a lot of vendors already subscribed and um I think it's really going to streamline how we do these things going forward

and I would just add that just in the time because we didn't do the pricing table in the software. Um, I just added a notice with the pricing table for the long lines once it was approved and it's already been notified to the vendors what the prices were. So, just sitting back there in real time. If I had my computer, this one would be almost ready, too. Okay. any further that Amanda's in a little bit of trouble tonight. She's technically on vacation running out of office supply and she is um one of our hardest working employees who never stops working.

I told her she come. I told her you don't have to come tonight. I can handle it. Okay. Well, I'm glad she did that. I don't want to keep Amanda here any longer than necessary. Do you have a considering the discussion? Do we have a anyone like to make a motion? I'll make a motion. Move to approve awarding the 2026 symbol crosswalk and pavement marking contract to K5 Corporation in the amount of 53,689 to be paid for from the public works highway department operating budget and authorize the city manager to execute all necessary contract documents.

Seconded. Second. Further discussion from councel. Seeing none, all those in favor? Opposed? Yays carry. Thank you guys. Thank you. Okay. Agenda item 22. Council order number 04261. discussion and potential action on the consideration of a pre-agreement letter of intent for the future acceptance of the courthouse road pursuant to city ordinance chapter 56 article 9 section 17.3 as outlined in the development agreement with the state judiciary deputy city manager

yes this is um part of the um development agreement that we had that that we developed with the judiciary and the ward wells as part of the development of the um Hancock County Courthouse. It outlined um several responsibilities for each party. Um the permitting of the purchase of the rightway for the 66 ft road um extending up to the courthouse site. The this is for the city. The permitting of that said road. um the the construction road, the the um the development of the construction road, temporary power to the site, um a letter of credit or performance bond, and this um pre-aggreement. So, the pre-agreement essentially is in our ordinance as it states and it's a letter to the planning department stating that we the developer is going to um turn over the road to the city once it's once it's complete. So, um there's no additional funding requirements for this um at this point. Um we are currently in the final stages of developing the construction schedule of cost estimates in bid documents and the intent is that that will go out to bid in full and also we will be looking at a hybrid option for in-house staff to do elements of that final construction of that road as well. And that will be another conversation for a later date when when those bids come in and we evaluate internally what um it would cost for us to do the final construction of that road. Um I don't that's kind of like where we're at with that, but this is just um a requirement as part of the development agreement to get this part checked off. Great.

Any questions from council for Sarah? Council Helen, when there's a housing development, the city doesn't accept a road or a development until it's met the specs. What value is this for the city of Ellsworth to say we're going to accept the road without seeing the product?

This is a pre-agreement. So it's just saying that once it once the product is complete, once the specs are complete, then we will officially take the road. It just isn't the our intent is that if it is um developed to city standards, which that's how our designer did it to city standards, um then we will then take the road over at that point.

Further questions from council? Any public comment? Seeing none, um, how would the council like to proceed? I'll make a motion. Uh move to approve the pre-aggreement pursuant to chapter 56 article 9 section 917.3C of the Ellsworth Unified Development Ordinance including the city council's intent to accept Merryill Lane Courthouse Road as a public street upon completion in accordance with city and main DOT standards.

Second motion to second. Further discussion from councel seeing none. All those in favor? Opposed? Yay carry. Thank you. Okay. Agenda item 23, executive session to discuss personnel matters in accordance with MRS Title A, Title 81, Chapter 13, Section 405, paragraph 6A. Um, have a good night everybody. Thank you. Do I have a motion to go into executive session? vacation. Have a good vacation. Got Nancy Nmith. Do we have a second?

Second. Second. All those in favor? Opposed? Executive session. Will somebody just um keep track of the um