City Council - Regular Meeting

I spoke with Ebony earlier, and she's going to make these changes. Page 8, number 15, our finance. Which meeting? The regular meeting. Regular. I believe. Okay. It was auto-correct took over, and our finance director was listed as Chris Death, and we should use his last name. instead of that. And then page 10, number 19, the HR director should have a last name and a first name and those have been taken care of.

I don't think I was here for one of those. You weren't here for the special meeting?

Who's going to mind the IT? Hey there. Have a stand.

It's planting season. Great time to plant trees. Oh, Arbor Commission. Great time to plant trees for homeowners and for municipalities alike. There are great sales at nurseries. So if somebody is looking to plant trees or shrubs, right now is an incredible time. And this, if you want to come out and learn how to do that or volunteer your time, You can join us I think Wednesday and Thursday this week at the Union River Estates. We'll be doing the second year of the IRA phase project where we're planting trees that will help to protect our Union River watershed as well as make sure that we have

Ironically kind of piggybacking off of you the Harbor closed October 15th, but the docs will not be removed until the work in Harbor park is done by the Auburn convention. And more news from the rec commission. The playground subcommittee has approved the final design that focuses on accessibility for everyone. And they're also trying to figure out what to prioritize in terms of city resources. And I'm also happy to announce that Ellsworth has a certified playground safety inspector now. So this will allow us to, when the new playground is built, better take care of it.

Well, the Historic Preservation Commission has had, I think, only one application this year for a certificate of authenticity, so we haven't been very busy on that aspect, but The seal, I'm happy to say Amy has been in, has been from our communications department, has been in touch with me. And on the 28th of this month, they're going to put some of the people that are going to bid on this removal phase one up in a bucket to look and see what they're getting into And what we want to do is get some good close-up pictures. The point being is that I would like to rectify something that was really

Thank you. I didn't know we were going to have a repeat of last month, but happy to start with that. Today is October 19, 2026. It is the 45th anniversary to the day of my first day of work. in Maine. I moved here at the age of 19, and that was my first day as a forest technician for international paper in Lincoln. I love that this meeting happens to land on that anniversary. It makes it special. I'm proud of the work I've done. You hear me talk about it, forestry, farming, the legislature, running a nonprofit, and now serving in council. I'm proud of all of the work that I've done. including

Yes. You folks know I teach communications and history, which is a pretty good combination. And Nothing surprises me with what my students will come up with and nothing surprises me about the questions that they ask. But when I hear someone prominent in the community running for office, spouting a conspiracy theory about the United Nations, I have to address it. UN 2030 is just one of a series of comprehensive plans, not unlike the one that this council in town labored to create. It's a plan. It's an outline. It's a vision. It's not a conspiracy. That's old and tired conspiracy, as a matter of

My initial instinct with this one was to set it to the tune of this is Halloween. But when I saw the sheer volume of Halloween events, I realized that was not a wise move. So just so that everyone can enjoy the Halloween season as parents try to figure out how to deal with sugar rushes. There are just some events I would like to highlight that are available, and all of these are available on things to do in Ellsworth. Ebony, I apologize in advance. So the Pumpkin Heights grand opening is occurring on the 28th at the Riverfront, at the Riverwalk by the Ellsworth Public Library. And from 7, from

I will say just thank you to the both of you for serving on council. It's a lot of work and can be incredibly tough. And pretty much echoing what Pat was saying, our volunteers in Ellsworth are incredible. spent a lot of my time before on this council and of course the city staff being a municipal worker is hard, mostly unthankful work and we appreciate everything you guys do. Thank you.

Kind of related to this, but I did have a resident out on Branch Lake ask about the dam being replaced. Is part of this bond going to cover the replacement of that? No.

Which is what's wrong with keeping the level, right?

Okay, thank you. And maybe a follow-up with that, how that's going.

I'll make a motion. Motion. Move to adopt the council order authorizing a $6 million loan from the Maine Municipal Bond Bank drinking water SRF program DHHS DWSRF number 2024-17 and issuance of the city bonds and bans therefore to finance a portion of the cost of the new water treatment plant project. Second.

I think just to highlight the point, this is not new borrowing. The project number is 2024.17. This has been in the works for a couple of years. We're just making sure that we are following the process the way that's outlined. So I'm happy to support the pending motion. Again. Thank you.

I wondered, for the record, if we could disclose the repayment amount and the interest rate. We're going to borrow $6 million, and I don't see anything about the cost of the money.

Council Haller? Just for the record, the notes say to borrow six million, the loan of which a portion is expected to be forgiven and the balance repaid. Where are we getting the 2.1 million and where? Is there any guarantees to this or is this just hope and wish?

Why isn't that info in here? That's my question.

I move to approve the business license renewals as presented with appreciation to the businesses. Seconded.

Could I, with permission, go back to the previous and just make a comment on the previous item where Councillor O'Halloran asked why the interest rate isn't here. I feel like it's sitting there without an answer and I want to just give my perspective to it. This is something that came forward in 2024. That information was discussed there. I think it's incredibly difficult for staff to try to guess ahead of time what questions we might have and what level of detail we're looking for. So I think it wasn't an oversight or a lack of transparency, simply the difficulty of trying to measure what que

I'll make a motion. Move that the City Council approve placing the proposed charter amendment regarding... Nope. Sorry. Nope. I went ahead. Okay, start over again. Move that the City Council adopt the proposed replacement of Chapter 40, Code of Ethics and Conduct, as presented.

I would oppose tabling, and I think this is very, very important. And it is unfortunate that it's a piece of linguistic gymnastics that it may be hard to explain to the general public that isn't familiar with it. But I think it's really, really important that we do, because that was an additional bite at the apple. It made a mockery of the process, as far as I'm concerned, just my legal opinion. And, yeah, it made for a very... a very uncomfortable 10 days for those of us who were on the tooth end of that recall petition. So that's where I stand on it. I would not support tabling. I think it n

Thank you. I don't see this as either or. I think this is a very definitive component of the charter that needs to be fixed. That doesn't mean we shouldn't also look at other issues and move forward. We are talking about November 2027 for this. This is not coming up in a couple of weeks. So I would be supportive of moving this piece forward to know that it is advancing as well as perhaps the charter commission to look at other components. But I think this one is, The clarification that comes with this is going to be really important. So I would support this motion, but also look at forming a c

I'll make a motion. I move that the City Council approve placing the proposed charter amendment regarding petition signature requirements before the voters for consideration at the next municipal election.

Sorry, I just went along with all her papers.

How does that relate to the amount you gave out in that same period?

Second question is, there's a mileage rate in here. Explain that to me. What is the circumstance that the city is paying somebody for mileage that wants general assistance?

Just to help me better understand this example, I know growing up I would get a ride from KVCAP to go to my speech therapy. So in that example, would they be the provider who would be providing the transit? KVCAP, you mean? Yeah, they were the group that would do it. Okay.

Like an Uber. It could be an Uber, right?

Thank you. Tina, what are you seeing so far this year where people are beginning to turn on their furnaces?

Thank you. I have a question when it's time for the motion. The motion refers to the new amended 2024 version. Is that correct, or should it say 2026?

It says the new amended version of the ordinance, yes.

So the motion says that, number 15, and the agenda says 2026. as my fellow councilor just noted. So just to be sure that we're doing the right one.

Just a question if it needs, again, if it needs to be an amended motion to cover the youth representative, I see the councilor in there. Is that appropriate? Just to make sure we've got it right and don't have to come back.

Perfect, thank you. I would make the motion then. Move to adopt the City of Ellsworth TIF policy and TIF committee guidelines as presented, appointing the four proposed ex-officio members of the TIF committee and authorize staff to solicit letters of interest from Ellsworth residents for the three remaining public seats for subsequent appointment by the City Council.

Just a comment about the youth member. I do like that it does include people of college age because that is where very often you get the first steps of independence because very often you're living on your own. You're figuring so much out and I would also encourage people in college to seriously consider joining because this will allow you to understand so much more that you would not otherwise because this is more than resume building. This helps you better understand problems and solutions as they develop.

I would have to say that I think I would agree with that. A very good idea. Upper college age. Like almost finished college.

The pressure issues on Liberty Street, does the fix on Chapel Street also fix the issues on Liberty Street?

Could I just ask, what exactly is it that's narrowing that pipe?

So Pat, were you there when they No. No.

I want to see if I understand an irony here. that we got better prices on some of our road work because Maine DOT reduced the size of their work plan earlier this year, giving us a great advantage because it freed up contractor capacity. But this was one of the projects that they delayed.

All right, thank you for the clarification. I appreciate it.

I will make the motion. I move to approve Council Order Number 102606, Amending Council Order Number and reallocating bonds from Oak Street water main project to additional water projects. I got the numbers right, correct?

Thank you, I just, I want to be clear that I'm tracking correctly. On page 72, tonight, there were two motions, and we're talking about both of those right now.

I just want to be sure that I'm following you correctly. And the other thing I just want to raise is when we're talking about retail caregiver store license, this relates to cannabis, even though cannabis isn't in the language here. But that is what we're referring to. Thank you. Appreciate the clarification.

Councillor White. I thought Steve was raising his hand to make a motion.

by the City of Ellsworth Code of Ordinances, Chapter 14, License and Permits, as presented.

Simply to say that we've been through this before with other fees. It makes sense to bring them up, whether it makes sense to begin to cover the cost of actually doing the work. In reading through this documentation, It still isn't break-even, it still doesn't cover it all, but we're getting closer. I think that's an appropriate move as we're looking for what are appropriate costs to be covered by general property taxes and which really should be fee-for-service. So I think these moves are important and worthwhile as we move forward.

Move to approve the corresponding amendments to the City of Ellsworth Code of Ordinances, Chapter 1, General Provisions, Article 6, Municipal License and Permit Fees. Second. Second.

Questions for... Yeah, just I have a question. What is an emergency mobile home park that we do for free?

So I understand. I was trying to look for a scenario where a mobile home park would be an emergency, but yes, I understand. Okay.

I'll make the motion. There's less numbers in this one, at least. I move that the City Council adopt the revised permit fee schedule in Chapter 1, Article 13, effective January 1, 2027, leading to a 100% increase in the listed land use application fees and specify adjustments to building demolition and land shore permitting fees such as permitted.

Will you, sorry, I had to excuse myself there, but in case I did miss it, so when do we plan, do you have an idea of when you are thinking about upping it again to get closer to where we break even and we're not having the taxpayers supplement these the staff costs and time for these permits.

Yeah, I mean, given the time, 30 years, is that what we were saying here?

Well, thank you for doing this, and it's kind of a sticker shock there, but I can't believe how far behind we've fallen to have to make jumps like this.

They've got AI screening the sand. That's how they did it.

Sand, I know sand is very simple, but would there be a scenario where this sand is bad quality sand for 350?

Oh, okay. Is that why it's so cheap? Because it's our sands, and they're doing the screening. Yes.

Move to approve the acceptance of the low bid for the 2026-2027 mineral screening and supply contract for the screening of 10,000 cubic yards of winter SAM to Whitmore Contracting Incorporated in the amount of $3.50 per cubic yard for a total estimated contract amount of $35,000. Second.

I just want to make sure I understand. The police parking lot is basically going to sit like an island. Paved, no?

And does he get his own contractors, or is he?

I'm It's been a minute since I've been up there. I don't really remember too much of an issue with the upper parking lot. But down backward is gravel. Is there, I feel like, a much cheaper option to preserve our city assets as vehicles to use gravel and grate it out? I'm not sure if that's an option. There, that would be a much cheaper option.

Oh, okay. So that is a possibility to help.

But should he not decide to pony up with his paving project, the police would have a little island of pavement, right?

And would it start where the driveway goes in? Correct.

And then it would go back. So it wouldn't look totally ridiculous. No. I mean, not that it makes a difference, but we have to think about aesthetics.

Is this discussion something that is going to be paved this fall? Next spring. Next spring.

But if I could interject about that, something come in at 480. Shouldn't we enjoy that process and not get ahead of ourselves here? And further than that, this is 700 and change.

Let's put it this way. It's more than the original quote. Your change order exceeds the amount that was agreed upon. Why would not we put this out to bid? What's the hurry to award this without going through the proper channels?

Following this, the quote that Northeast Paving has given for these additional roads, the tonnage prices kind of go, it looks like with the more quantity you get, A unit price is a better deal. And I want to know, is that one typical for all of these projects always?

Okay. Yeah, I see with even the police department where they would be at like the same place, but yet the back and the front are carrying two different things.

Okay, thanks for that clarification. Yeah, absolutely.

I guess staying in the detail with the police department, siding with everyone else on the frustration that we need to do that level of investment, but here we are, as we say. I thought what Tabby had suggested is... Could the back part of the police station stay as gravel and just treat it more frequently as gravel? Is that not what you would?

That's what I was wondering if that would be a cheaper option for us.

And we agreed it would be cheaper, but we're still talking paving the back. So I'm unclear where we landed there.

So it was just labor costs for us and machine costs for us. And do we still have reclaim to do that again or the materials to still do that again?

I was going to say, I don't fancy myself an expert on this. I'm willing to defer, but it is our job to ask, would it be cost effective to just keep the back? As gravel what I'm hearing is it probably wouldn't be because over the course of the 17 years We would be doing that often enough that it wouldn't work But I do to see I see a distinction between the back lot In the front lot where the where whatever public goes into the police station goes in from the front I assume and that there's a higher level of responsibility to make sure that that is safe and suitable.

Just looking for opportunities to not be spending money here.

Troy's not here. They had an event. I assume that's not a party. I have broader questions stepping away from the police lot. I support what you're trying to do. It sounds like there's kind of a fire sale on road construction, and if we can take advantage of that and buy what we were going to buy, only to get it on sale now, I'm all for it with a reputable contractor that you've been using, so I support where you're going. Before we make the motion, it sounds like what we have in our packet is not the up-to-date

So let me just finish. So I want to be sure that I understand that and that a piece of the conversation is there's still six figures outstanding. What are we going to do with that? Let me ask you a bigger question. And Amanda, I really appreciate... No, don't be terrified. I really appreciate the perspective you gave us with that background. It was really... This is part of like we finally are getting to see the payoff of the grinding work that you all have been doing and we all have been doing so that we can go there's a plan we're implementing it look there are differences we've got outcomes

So there will always be something that falls off the wagon.

And that's our goal, it seems, is to avoid.

So our goal then is to have no surprises, that we know that these things are happening. Yeah. But it will eventually.

So what I'm hearing is it does make fiscal sense to pave the backlog of the police department. We're just trying to save money where we can. I appreciate the conversation about eventually roads actually do wear out and you need to replace it. So the last piece, and you started to answer me, Mike, is I need to understand what the dollars are that we're finally landing on for the motion.

And then, thank you. The last piece of the conversation, there's that remaining $306,000. Does that sit in time?

I love it. So... When do we need to make a decision on that $306,000? Does that sit there as undrawn down? Sarah made the point about we don't want a bubble because then the rhythm is off. Right.

So we can hold that for right now, but tonight this is the priority for the, we would have to come back like we did tonight on some of our other bond reallocations to go through that process. Can sit for right now. We're paying for it. So we need to be proud of that.

Okay, so when we do a drawdown, we start paying. Okay, so tonight we know the 523 where you want it to be devoted. The 306 will sit until a future meeting looking at the capital investment plan a bit broader. That is the sum total of my questions on this. Thank you very much. Appreciate the information.

Two quick things. It is our job to kick the tires and make sure that we do need to spend the money. I've landed comfortable with where we are with the police department, but that is our role. And also, in addition to the great work we've talked about with Mike and Amanda and Brian, it's Sarah. What I heard, and we didn't really highlight, was you went to Maine DOT and said, hey, how about, and that's going to save us hundreds of thousands of dollars. So thank you for using your existing relationships and your with Maine DOT to bring that forward for us. We all genuinely appreciate that. Thank

I feel very good about all the other roads on there. I feel the same way about that police station and having to pay $100,000 for a place for pavement. That's a really hard pill to swallow.

That's a good point. Well, if we move out of there in 17 years, we're just going to take that baby. Yeah, we'll go out and grind it all for you. I'll be in charge of that. I'll be dead in 17 years.

Thank you for the example. That helped me make my peace with the police station as well.

Councillor White? So this material will be used when the state, no.

We don't have to wait for Oak Street to be reconstructed. We can start to do this. Okay, so there's no long-term storage of this material or anything like that?

So, again, this didn't go out to bid. It's just handing out contracts.

Okay, I was on the right one. Move to approve the Oak Street Stormwater Contract Amendment with Woodard and Curran, incorporated in an amount not to exceed $190,000 for engineering design services for the Oak Street, Chapel Street, and Grant Street water main replacement project funded through the 2023- Drinking Water State Revolving Fund program.

I just want to point out, I think we discussed this last month. We did.

Thank you. I move to authorize the city manager to modify the engineering services agreement with Andrew McCullough Engineering Consultants dated April 25th, 2025 to add construction oversight services for the Merrill Lane public roadway project in an amount not to exceed $67,500, increasing the total contract not to be exceeded amount from $96,650 to $164,150.

And that was page 100 of this evening's agenda.

I move that we go into an executive session.