TOWN OF OLD ORCHARD BEACH TOWN COUNCIL MEETING Tuesday, August 1, 2017 TOWN HALL CHAMBERS 6:30 p.m.

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1 TOWN OF OLD ORCHARD BEACH TOWN COUNCIL MEETING Tuesday, August 1, 2017 TOWN HALL CHAMBERS 6:30 p.m. A Town Council Meeting of the Old Orchard Beach Town Council was held on Tuesday, August 1, Chair Thornton opened the meeting at 6:35 p.m. The following were in attendance: Chair Joseph Thornton Councilor Kenneth Blow Councilor Jay Kelley Councilor Michael Tousignant Town Manager Larry Mead Assistant Town Manager V. Louise Reid Absent: Vice Chair Shawn O Neill CHAIR: I would ask for a motion to remove a reappointment from the Agenda Item MOTION: Councilor Tousignant motioned and Councilor Blow seconded to Amend by Removing from Agenda Item # 6985 the re-appointment of Tammy Munson as Deputy Code Enforcement Officer, Deputy Licensed Plumbing Inspector and Deputy Electrical Inspector. VOTE: Unanimous. SPECIAL PRESENTATION: ASSISTANT TOWN MANAGER: Tonight we recognize one of the most outstanding and well known celebrities in our community. No it is not the Chief of Police nor is it Officer Chris St. Pierre. Sorry Gentleman it is Gunther we recognize and salute this evening as he retires from his service to the Old Orchard Beach Police Department. Gunther, the Department s K-9, has been here with his handler, Officer Chris St. Pierre, since 2008 when Gunther was ten months old. Officer St. Pierre and Gunther have had a very close bond, as has Mrs. St. Pierre, since Gunther has been a part of the home life and family all that time. Gunther has assisted the Old Orchard Beach Police Department in incidents that included tracking criminals, drug seizures and finding missing children. He has received numerous awards including a national award for his work tracking and apprehending a dangerous bank robber. Gunther not only excelled at Police work, but also is good with children and served as an ambassador to the community making public appearances and classroom visits. I remember one occasion when former Town 1 Town Council Meeting Minutes of August 1, 2017

2 Manager Jack Turcott, who had recently had knee replacement, was sitting with me at the Police Department for a meeting in the community room. Jack was using his walker a lot and it was parked next to his seat. I looked over and there was Gunther chewing the balls off the bottom of the walker. Jack was not happy but Gunther really enjoyed himself. Gunther s feelings are expressed in the words: You brought me home one sunny day With you for years I would surely stay. I met your pack, child and wife I began to love my new found life. I slept on your couch and even on the bed You looked at me so lovingly while petting my head. We trained for months and our bonding grew We were both partners Buddies in Blue. We did school demo s and I never did wrong Over all of the years our love has grown strong. Before leaving home I was told keep him safe by your wife. I knew at that moment for you I would even give my life. Although the Police Department plans to get another K-9, there will never be another Gunther for OOB. Trying to think what type of an award we could give Gunther evening and sparing no financial concern, I would like to present this gift to Officer St. Pierre a gift he can open for Gunther this evening. We absolutely spared no cost in getting this award. How about a hand for Gunther and Officer St. Pierre. Chief Kelley presented a plaque in honor of Officer St. Pierre and Gunther and expressed appreciation to the enormous service provided to our community by them both. ACKNOWLEDGEMENT: COUNCILOR JAY KELLEY: Just a reminder of the Arts in the Park Event this Thursday, August 3 rd from 1:00 to 8:00 p.m. at the Memorial Park, sponsored by the Chamber of Commerce and the Town of Old Orchard Beach. Over 45 artists will be presenting their work. Also remember the 24 th Annual Classic Car Show September 15-16, rain date is September 17 th and check the Chamber of Commerce web site for times of the events. Also that weekend is the 2017 annual Blues and Jazz festival at the Ballpark. Great event with lots of fabulous music. 12:30 to 6:00 p.m. on Saturday, September 16 th. ACCEPTANCE OF MINUTES: Accept the Town Council Minutes of July 18, Town Council Meeting Minutes of August 1, 2017

3 MOTION: Councilor Blow motioned and Councilor Kelley seconded to Accept the Minutes as read. VOTE: Unanimous. PUBLIC HEARING: Amend Parking Bluff & Cleaves Streets CHAIR: I open the Public Hearing at 6:45 p.m. Shall We Amend the Town of Old Orchard Beach Code of Ordinances, Traffic and Vehicles, Restrictions and Prohibitions, by amending parking on Bluff Avenue and Cleaves Street? Chief Kelley explained the reasons for the amending of the ordinance and the agreement of the abutters. VOTE: Unanimous. BACKGROUND: NOTICE OF PUBLIC HEARING MUNICIPAL OFFICERS OF THE TOWN OF OLD ORCHARD BEACH The Municipal Officers of the Town of Old Orchard Beach, Maine hereby give Public Notice that there will be a Public Hearing held at the Town Hall, Council Chambers, on August 1 st, 2017, at 6:30 p.m. to consider the following: Be it hereby ordained, by the Town Council of the Town of Old Orchard Beach, Maine, in Town Council assembled, that section , Restrictions and Prohibitions, of the Town of Old Orchard Beach Traffic Ordinance is amended by adding the underscored language and deleting the strikethrough language regarding Bluff Avenue and Cleaves Street: Bluff Avenue. No parking shall be allowed on either side the right side (westerly side) of Bluff Avenue between Seaview Avenue and Park Avenue. Cleaves Street. Parking shall be allowed on both sides of Cleaves Street for 160 feet. No vehicle shall be parked on the northeasterly side of Cleaves Street (left side facing the ocean) for the remainder of the street to the ocean. CHAIR: I close the Public Hearing at 6:45 p.m. PUBLIC HEARING BUSINESS LICENSES AND APPROVAL: CHAIR: I open this Public Hearing at 6:45 p.m. 3 Town Council Meeting Minutes of August 1, 2017

4 Georgia F. Perry (105A-2-3-8), 8 Pine Valley Road, one seasonal rental; Patricia & Wayne Miller Fernandes ( ), 32 Tenth Street, Apartment A, one year round rental; and Sarah & Craig Adams ( ), 1 Dune Street, Ocean Park, one seasonal rental. CHAIR: I close this Public Hearing at 6:46 p.m. MOTION: Councilor Tousignant motioned and Councilor Blow seconded to approve the Business Licenses as read. VOTE: Unanimous. PUBLIC HEARING BUSINESS LICENSES AND APPROVAL: REVISIT OF CONDITIONAL LICENSE: CHAIR: I open this Public Hearing at 6:47 p.m. Michael Chasse dba/old Orchard Beach Parasail & Jetski, Banana Boats ( AB), adjacent to Pier, North Side, Parasailing and taking into consideration for approval of this license on August 1 st issues relative to the footage for the right of way and issues relative to fueling of the Jetski. BACKGROUND: From: Dan Feeney Sent: Thursday, July 20, :48 AM To: 'oobparasail@gmail.com' Cc: Louise Reid; William DiDonato; Rod Belanger; Larry Mead Subject: regarding Approval of business license. Banana Boat Parasail. Michael Chasse : This is a follow up to our conversation of yesterday on July 19 th, 2017 The Town Council tabled your business license application until the next meeting which will be August 1, 2017 at 6:30 p.m. We need the following from you in the form of a written response/statement: All Fueling will be done at a licensed gasoline distributor and at no times will any vehicle be fueled at or on, or near the beach at Old Orchard. The Council approved a 25ft Wide Easement for placement of the line and buoys from the base of the Pier. We measured the current distance and it exceeded 110 foot please pull in the line of buoys in to the 25 foot mark immediately on receipt of this Please update your Copy of Insurance Listing the Town of Old Orchard on it and submit that as well. I also strongly recommend you be in attendance to answer any questions. 4 Town Council Meeting Minutes of August 1, 2017

5 Mr. Chasse appeared and had signed the agreement with the Town and the Council felt that all issues regarding the oil spillage, the buoys being pulled back into the 25 foot range and the legal interpretation of the issue at the Pier had been addressed fully and accepted the item to be complete. CHAIR: I close this Public Hearing at 6:50 p.m. MOTION: Councilor Tousignant motioned and Councilor Blow seconded to approve the Business License to include 25 footage for the right of way for placement of the line and buoys from the base of the Pier; and all fueling to be done at a licensed gasoline distributor; and at no times will any vehicle be fueled at or on, or near the beach at Old Orchard. VOTE: Unanimous. TOWN MANAGER S REPORT: The Town Manager reported that the resident parking pass program instituted this year for year-round residents only has been successful. $75 pass allows residents to park during the summer season in three town parking lots as well as on street at any parking meter or pay station location. These are available at the Town Clerk s office. The Town and Chamber of Commerce co-sponsored an orientation program for the international student workers employed in many of our town businesses. The event was held at the Salvation Army facility and included information about housing, money management, safe bicycling, fire safety, personal safety, local attractions, and cultural activities. The Town Manger represented the Town at the grand opening of the newly renovated housing units at The Pines on Manor Street. Sixty one and two bedroom units beautifully done designed to meet the needs people as they grow older and to allow them to stay here in OOB. The Town was a partner in the project by creating a tax increment financing district for this location that resulted in providing the necessary incentives for private investment capital. Colby, Pavia, Grove and Ocean Streets were recently paved. The entrance plaza at the Police Department has been renovated with new paving stones, work completed by the Public Works Department. We have placed the lighting fixtures at Town Hall parking lots with LED BULBS. This has allowed us to reduce the number of light poles in use by seven (from twenty) without a loss of illumination and with monthly savings on the electric bill. Iron Man Triathlon Sunday August 27 th, two thousand three hundred athletes will be coming to Old Orchard Beach. We thank the Town Clerk for the excellent job that she has done on updating the website. We have posed the Deputy Fire Chief position and it closes in August. Following a question about the release of taxes from Councilor Tousignant, the Town Manager indicated that the commitment has not yet been signed and that we anticipate the bills being released about August 14 th with the tax due date of September 15 th. 5 Town Council Meeting Minutes of August 1, 2017

6 # 6978 Discussion with Action: Amend the Zoning Map -- Change Zoning District from the Industrial District to the Rural District for a portion of a lot located at Ross Road (vacant lot between 91 and 93 Ross Road), MBL: Lot Owner: David Deshaies. BACKGROUND: The purpose of this proposal is to amend the town zoning map by removing the Industrial District (ID) and replacing with the Rural District (RD) for the lot located at Ross Rd., MBL: Currently the lot includes both ID and RD (see attachments). This proposal will remove the ID and create a lot that s entirely zoned RD. The reason behind this amendment is the owner would like to create two lots for residential building purposes and the ID standards would prevent this. One of the primary tests associated with zoning district changes is its conformance with the comprehensive plan. Staff reviewed the Future Land Use Plans from both the currently adopted and draft comp plans and concludes that this proposal is in conformance with both plans. The current plan shows the subject area as RD. The draft plan shows the subject area as Residential 1 (R1) which will allow residential uses and be somewhat similar to the RD. It could be said the entire lot should have changed to RD years ago. Because the proposal is a zoning map amendment, it requires a public hearing to be held by the Planning Board (PB) as well as a PB recommendation to the Council. The PB held a public hearing on 8 June and at the same meeting unanimously recommended that the Council adopt the map amendment. Note that amendments can be formally adopted only after a favorable vote of a majority of Council members. Ordinance standard associated with map amendments: Sec Amendments to chapter. (a) This chapter may be amended from time to time as the needs of the town require after public hearing on a proposed amendment held by the planning board and following posting and publishing of notice of the hearing. (b) Such notice shall be posted in the town office at least 14 days before the public hearing and shall be published at least two times in a newspaper of general circulation in the town. The date of the first publication must be at least 14 days before the hearing, and the date of the second publication must be at least seven days before the hearing. (c) Amendments to this chapter shall be adopted only after favorable vote of a majority of the members of the town council. MOTION: Councilor Blow motioned and Councilor Kelley seconded to Amend the Zoning Map -- Change Zoning District from the Industrial District to the Rural District for a portion of a lot located at Ross Road (vacant lot between 91 and 93 Ross Road), MBL: Lot Owner: David Deshaies. 6 Town Council Meeting Minutes of August 1, 2017

7 VOTE: Unanimous. NOTICE OF PUBLIC HEARING MUNICIPAL OFFICERS OF THE TOWN OF OLD ORCHARD BEACH The Municipal Officers of the Town of Old Orchard Beach, Maine hereby give Public Notice that there will be a Public Hearing held at the Town Hall, Council Chambers, on July 18, 2017 at 6:30 p.m. to consider the following: Zoning Map Amendment: Change zoning district from the Industrial District to the Rural District for a portion of a lot located at Ross Rd. (vacant lot between 91 and 93 Ross Rd), MBL: Lot Owner: David Deshaies. Per Order of the Municipal Officers this 20 th day of June, A True Copy Attest: s/kim M. McLaughlin Kim M. McLaughlin, Town Clerk # 6979 Discussion with Action: Approve an Emergency Ordinance Establishing a Moratorium on Mobile Food Businesses, pursuant to Charter Section BACKGROUND: After the last Town Council meeting and the unanimous vote of those present that Food Trucks are not desirable downtown, it was indicated that the Ordinance needs to be changed so that it is clear that food trucks are not permitted us and are not to be considered food stands. This requires Planning Board review as well as Town Council action and the Planner is going to work with the Planning Board on this topic. The other question that comes into discussion is whether the food carts are wanted downtown or not, because of the current definition of food stands can be interpreted to allow food carts. That is the reason we are considering this Moratorium this evening. This will give the Planning Board an opportunity to review this. The Planner indicated that the approach to amendments will at least consider the following: ID food truck as a specific land use. Develop a food truck definition. Adjust food stand definition so food trucks are excluded. ID food trucks as a use that is not permitted in each applicable district because we may need to allow in a district. Consideration of food trucks for special events. 7 Town Council Meeting Minutes of August 1, 2017

8 MOTION: Councilor Tousignant motioned and Councilor Blow seconded to Approve an Emergency Ordinance Establishing a Moratorium on Mobile Food Businesses, pursuant to Charter Section VOTE: Unanimous. OLD ORCHARD BEACH MORATORIUM ON MOBILE FOOD BUSINESSES WHEREAS, the Town of Old Orchard Beach is a resort community that experiences a large influx of tourists, seasonal residents and visitors during the summer months; and WHEREAS, this increase in population and visitation creates a demand on the municipal resources required to monitor, license and regulate business and residential activities and services, including restaurant and food service businesses; and WHEREAS, mobile food businesses operating during the peak business season create additional burdens for regulation and services by Town staff; and WHEREAS, the Town has received requests for licensing of food trucks to operate within the downtown area; and WHEREAS, past Town Councils have acted to limit the licensing of food trucks and other mobile food businesses and further expressed intent to limit licensing of food trucks and other mobile food businesses in Old Orchard Beach; and WHEREAS, the Town s existing ordinances do not adequately regulate food trucks or other mobile food businesses to prevent serious public harm from commercial development; and WHEREAS, the Town needs a reasonable amount of time to study the appropriate amending of land use ordinances regarding the regulation of mobile food businesses; and WHEREAS, during the period of this moratorium the Town will work on developing appropriate land use regulations concerning food trucks and other mobile food businesses; and WHEREAS, the Town Council concludes that these circumstances constitute a public emergency within the meaning of Section of the Old Orchard Beach Town Charter. NOW THEREFORE, pursuant to the authority granted to it by 30-A M.R.S.A. 4356, be it hereby ordained by the Town Council of the Town of Old Orchard Beach, Maine, in Town Council assembled, as follows: 8 Town Council Meeting Minutes of August 1, 2017

9 1. DEFINITIONS. As used in this Ordinance the following terms have the following meanings: Mobile Food Businesses : Means any business not qualifying as a restaurant or convenience store and offering for sale foodstuffs to be consumed by the public off premises, as the term food stand is defined in Chapter 78 of the Code of Ordinances of the Town of Old Orchard Beach, and including, in addition to food stands, food trucks and food carts. 2. ESTABLISHMENT AND OPERATION OF MOBILE FOOD BUSINESSES PROHIBITED. During the time this Ordinance is in effect no person shall establish or operate a mobile food business that was proposed on or after the effective date of this Ordinance. 3. APPLICATIONS NOT TO BE ACCEPTED OR ACTED UPON. During the time this Ordinance is in effect, no official, officer, board, body agency, agent or employee of the Town of Old Orchard Beach shall accept, process or act upon any application relating to the establishment or operation of a mobile food business. 4. ENFORCEMENT, VIOLATION AND PENALTIES. This Ordinance shall be enforced by the Code Enforcement Officer of the Town of Old Orchard Beach. Any person who violates Section 2 of this ordinance shall be subject to civil penalties and other remedies as provided in 30-A M.R.S.A EFFECTIVE DATE. This Ordinance takes effect immediately upon adoption and shall expire on the 61 st day thereafter, unless earlier extended, repealed or modified by the Old Orchard Beach Town Council. 6. APPLICABILITY. Notwithstanding the provisions of 1 M.R.S.A. 302, this Ordinance shall apply to any proposal to establish or operate a mobile food business, whether or not an application or proceeding to establish said use would be deemed a pending proceeding under 1 M.R.S.A SEVERABILITY. Should any section or provision of this Ordinance be declared by any court to be invalid, such a decision shall not invalidate any other section or provision. 9 Town Council Meeting Minutes of August 1, 2017

10 August 1, 2017 FOOD STAND DEFINITION: Food stand means any business not qualifying as a restaurant or a convenience store as defined in this section, and offering for sale foodstuffs to be consumed by the public off premises. FOOD STANDS ARE PERMISSIBLE IN: Sec Permitted uses. Permitted uses in the downtown district 1 (DD-1) shall be classified as follows: (1) Primary uses. Primary uses are as follows: g. Food stands (located between First Street/Milliken Street and the beach) with a minimum ten-foot setback from the front property line. Sec Permitted uses. Permitted uses in the amusement overlay district (AO) shall be classified as follows: (2) Complementary uses. Complementary uses are as follows: d. Food stands with a minimum of a ten-foot setback from the front property line. FURTHER INFO: In an attempt to determine whether a food truck or mobile food vendors are a permitted use in the DD1 and AO Zoning Districts and because there is no definition for food truck or food vendor in the town s ordinances, it appears the use classification that is the best fit for a food truck or food vendor is Food Stand. Chapter 78 (Zoning) of the town s ordinance defines a Food Stand as: Any business not qualifying as a restaurant or convenience store as defined in this section, and offering for sale foodstuffs to be consumed by the public off premises. The DD1 allows Food Stands in a specific area- between First Street and Milliken Street and the beach with a minimum 10 foot front property line setback. The AO District allows Food Stands within the entirety of the district provided there is a 10 foot front property line setback. Because the definition includes the language any business not qualifying as a restaurant or convenience store it appears a food truck or food vendor is permissible as a Food Stand. Something important to remember: Be sure the proposal is not defined as an Ice Cream Truck (Chapter 18) and food must be consumed off premises which means food may be purchased on-site but it must be consumed off-site (per the 10 Town Council Meeting Minutes of August 1, 2017

11 definition of Food Stand) so be careful if the proposal includes tables and chairs. There may be other ordinances that apply so be sure to check before a decision is made. # 6980 Discussion with Action: Approve the allocation of $3,348 to AccessAV for twelve (12) Desktop Gooseneck Condenser Microphones and $1,295 for audio rewiring of Council Chambers, from Account Number Video and Equipment Expense, with a balance of $7,000. BACKGROUND: During the Fiscal 2018 budget discussions the need for new microphones in the Chamber was discussed, recognizing the value of the electronics to the production of Town Council Meetings and other videoed meetings. MOTION: Councilor Blow motioned and Councilor Kelley seconded to Approve the allocation of $3,348 to AccessAV for twelve (12) Desktop Gooseneck Condenser Microphones and $1,295 for audio rewiring of Council Chambers, from Account Number Video and Equipment Expense, with a balance of $7,000. VOTE: Unanimous. # 6981 Discussion with Action: Approve a five (5) year Lease Purchase Agreement with Androscoggin Bank for the purchase of five (5) new Police Cruisers with associated equipment and accessories from Quirk Auto and the Town of Scarborough, Maine, in the amount of $50, annually, with an interest rate of 3.01% paid in five (5) annual installments, from Account Number Debt Service Lease Purchase, with a balance of $386,016.92, to be used by the Old Orchard Beach Police Department. MOTION: Councilor Blow motioned and Councilor Kelley seconded to Approve a five (5) year Lease Purchase Agreement with Androscoggin Bank for the purchase of five (5) new Police Cruisers with associated equipment and accessories from Quirk Auto and the Town of Scarborough, Maine, in the amount of $50, annually, with an interest rate of 3.01% paid in five (5) annual installments, from Account Number Debt Service Lease Purchase, with a balance of $386,016.92, to be used by the Old Orchard Beach Police Department. 11 Town Council Meeting Minutes of August 1, 2017

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26 # 6982 Discussion with Action: Approve the Transfer of the forfeitable items of the Defendant in Rem, or any portion thereof, pursuit to 15 M.R.S.A., Section 5724(3) and Section 5826(6); and accept the seizure money ($788) should it be awarded by the Courts. MOTION: Councilor Tousignant motioned and Councilor Kelley seconded to Approve the Transfer of the forfeitable items of the Defendant in Rem, or any portion thereof, pursuit to 15 M.R.S.A., Section 5724(3) and Section 5826(6); and accept the seizure money ($788) should it be awarded by the Courts. VOTE: Unanimous. # 6983 Discussion with Action: Accept the bid from Woods Excavating, LLC, in the amount of $53,311, for the demolition of the Waste Water Treatment Facility, from Account Number WWTF CIP Demolish ESB Account, with a balance of $50,000; and $3,311 from Account Number WWT CIP Treatment Expense, with a balance of $298, BACKGROUND: A Request for Proposal (RFP) was issued and there were four bids received: Eagle Demolition and Environmental $8,200 This bid was submitted in error and subsequently withdrawn. Woods Excavating, LLC $ NRC East Environmental Services $79,900 P.Y. Estes & Sons, Inc. $57,144 MOTION: Councilor Tousignant motioned and Councilor Kelley seconded to Accept the bid from Woods Excavating, LLC, in the amount of $53,311, for the demolition of the Waste Water Treatment Facility, from Account Number WWTF CIP Demolish ESB Account, with a balance of $50,000; and $3,311 from Account Number WWT CIP Treatment Expense, with a balance of $298, VOTE: Unanimous. 26 Town Council Meeting Minutes of August 1, 2017

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40 # 6984 Discussion with Action: Appoint Laurie Lord as General Assistance Director, term to expire June 30, MOTION: Councilor Tousignant motioned and Councilor Blow seconded to Appoint Laurie Lord as General Assistance Director, term to expire June 30, VOTE: Unanimous. # 6985 Discussion with Action: Re-appoint Daniel Feeney as Code Enforcement Officer (Official), Electrical Inspector and Licensed Plumbing Inspector; re-appoint William DiDonato as Deputy Code Enforcement Officer, Deputy Licensed Plumbing Inspector and Deputy Electrical Inspector; re-appoint Rodney Belanger as Deputy Electrical Inspector, Deputy Code Enforcement Officer, and Deputy Licensed Plumbing Inspector; re-appoint Tammy Munson as Deputy Code Enforcement Officer, Deputy Licensed Plumbing Inspector and Deputy Electrical Inspector. MOTION: Councilor Blow motioned and Councilor Tousignant seconded to Re-appoint Daniel Feeney as Code Enforcement Officer (Official), Electrical Inspector and Licensed Plumbing Inspector; re-appoint William DiDonato as Deputy Code Enforcement Officer, Deputy Licensed Plumbing Inspector and Deputy Electrical Inspector; and re-appoint Rodney Belanger as Deputy Electrical Inspector, Deputy Code Enforcement Officer, and Deputy Licensed Plumbing Inspector. VOTE: Unanimous. # 6986 Discussion with Action: Approve the Application to the AARP for the creation of an age-friendly environment for our community and request membership to the World Health Organization s Global Network of Age-Friendly Cities and Communities. BACKGROUND: The Town is actively pursuing the designation of Age Friendly Community and the Town Manager has asked the Assistant Town Manager to address the application process. A meeting of twenty-eight professionals met recently at Town Hall to address the interest in this designation. V. Louise Reid Assistant Town Manager It is a real privilege for me to welcome you to this meeting on Age Friendly Communities. There is something which everybody wants and yet almost everyone fears growing old. Three things happen when you get old first you lose your memory and then I forgot the other two. It has been said that you know when you are growing old when the candles cost more than the cake. I can speak from experience 40 Town Council Meeting Minutes of August 1, 2017

41 when I say that I am old enough to see how little I have done in so much time and how much I have to do in so little time left. We are here today because I believe we all recognize that we have put more effort into helping folks get old than helping them enjoy it. We will consider areas that we can promote opportunities for growing old to be a time of growth. We talk about old age being the Golden Years but for many they do not find much gold. However, there is treasure, if you know where to look. I personally believe that with age comes the realization that it is possible to lives these times with grace and dignity. My own faith allows me to believe and experience that which is written in the Scriptures: Eye hath not seen, nor ear heard, neither can be comprehended, that which the Lord has prepared for us. Peace of heart comes from being able to contribute the best that we have, and all that we are, toward creating a world that supports everyone. It is also securing the space for others to contribute the best that they have and all that they are as well. That is why we are here today. It has been said: If you keep living long enough you ll reach a day when the person in the mirror seems much older than the person on the inside looking back. It s then that you begin to understand the difference between the body and the soul. One wears and withers away with time. The other only gets wiser and stronger with time. Somewhere in this perplexing disconnect is a truth to be learned. Ae we to live our lives as thou we were a body? Or should we live them as though we were a soul? Perhaps the answer is a little bit of both. It is my pleasure again to welcome you here. I would like us to just introduce ourselves and if you represent a particular organization or line of work, mention that as well. I would like to introduce to you our Town Manager, Larry Mead, for a few words and then we will move on with the Agenda. August 1, 2017 Lori Parham AARP Maine State Director 53 Baster Street Portland, Maine lparham@aarp.org Dear Ms. Parham: 41 Town Council Meeting Minutes of August 1, 2017

42 Re: Application Age Friendly Community On behalf of the Town of Old Orchard Beach, please find a letter of commitment from the Old Orchard Beach Town Council in the creation of the age-friendly environment for our community. We request membership to the World Health Organization s Global Network of Age-Friendly Cities and Communities. The Town Council of Old Orchard Beach recognizes the need to lay a foundation for building a genuine community in which people are reconnected to the many aspects of the community in which they live. It is our desire to move forward recognizing the need for collective decision making and political responsibility. We recognize that in our hectic, fast-paced, consumer-driven society, it is common to feel isolated and alone. Our desire is to create a stable community in which the terrible disease of loneliness can be cured. We connect common understanding, common tradition, common ideas and common ideals to make our efforts successful. The Assistant Town Manager, V. Louise Reid, who also acts as Secretary to the Town Council, reported that in the first meeting promoting an Age Friendly Community that they had over twenty-eight professional individuals attending who supported and encouraged moving forward with this Application. In addition she has also met with the representatives of the Biddeford and Saco Age-Friendly Committees about collaborating and joining their efforts as well. Again, the desire is to provide to the most humble and weakest citizen the opportunity to enjoy the highest civil, economic and social rights that the biggest and most powerful possess. Through the means of speaking engagements, newsletters, press releases, Face Book, Web Site and other means of informational outreach, we anticipate a successful response to our efforts. We have put a great deal of effort into developing our goals and objectives within the World Health Organization s eight domains. We recognize that peace of heart comes from being able to contribute the best that we have, and all that we are, toward creating a world that supports everyone. The Town Council of Old Orchard Beach, on August 1, 2017, at their official Town Council Meeting, supports the Application for Membership to the AARP Network of Age- Friendly Communities and the World Health Organization Global Network of Age-Friendly Cities and Communities. We further acknowledge that at our first official meeting of the Council to be appointed on November 20, 2017, that the Council will at their November 21, 2017 meeting have a presentation to them by members of the Age-Friendly Committee as an expression of our total support of these efforts. 42 Town Council Meeting Minutes of August 1, 2017

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47 MOTION: Councilor Blow motioned and Councilor Kelley seconded to Approve the Application to the AARP for the creation of an age-friendly environment for our community and request membership to the World Health Organization s Global Network of Age-Friendly Cities and Communities. The Chair thanked the Assistant Town Manager for the amount of work that has gone into the application process for the creation of an Age-Friendly Community. VOTE: Unanimous. # 6987 Discussion with Action: Convey foreclosed property identified as 131 TEMPLE AVE #16, Parcel Number to owners of record (WIGGIN DONALD & WIGGIN WILLIAM & FLORA), for the total amount of $30, in outstanding taxes and accumulated interest, due on the effective date of conveyance, including estimated FY 2018 taxes, plus any legal costs incurred by the Town of Old Orchard Beach. BACKGROUND: The statement of taxes due including estimated tax for FY18 is attached based on current value using the $15.93 mil rate. The date is figured as of August 11, 2017 as that is the closing date. MOTION: Councilor Tousignant motioned and Councilor Blow seconded Convey foreclosed property identified as 131 TEMPLE AVE #16, Parcel Number to owners of record (WIGGIN DONALD & WIGGIN WILLIAM & FLORA), for the total amount of $30, in outstanding taxes and accumulated interest, due on the effective date of conveyance, including estimated FY 2018 taxes, plus any legal costs incurred by the Town of Old Orchard Beach. VOTE: Unanimous. 47 Town Council Meeting Minutes of August 1, 2017

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51 # 6988 Discussion with Action: Approve the Special Event Permit application for OOB365 and Chase Walker to hold an event for Wings 4 Wishes, with 25 +/- planes landing on the beach on the north side of the Pier. Set up on Friday, September 29 th, event date is Saturday, September 30 th, and the requested rain date is Sunday, October 1 st, Request for a banner in the square from the Friday before Labor Day weekend, until the day of the event. Occurrence of event pending DEP approval. MOTION: Councilor Tousignant motioned and Councilor Blow seconded to Approve the Special Event Permit as read. The Council gave great praise to the work of student Chase Walker for his vision to move forward this event and there was a great deal of excitement expressed by all and thanks to OOB365 for their support of the event. VOTE: Unanimous. # 6989 Discussion with Action: Approve the Special Event Permit application for MAPS to hold their annual Breakaway 5K Road Race on Saturday, August 19 th, 2017, 7:00 a.m. to 9:30 a.m. starting in the Square. Insurance, listing the Town of Old Orchard Beach as additionally insured, to be provided to the Town Clerk s Office at least two weeks prior to the event. MOTION: Councilor Blow motioned and Councilor Kelley seconded to Approve the Special Event Permit Application as read. VOTE: Unanimous. # 6990 Discussion with Action: Approve the Special Event Permit application for the Chamber of Commerce to hold their Annual Beach Olympics on the beach and in the Square (request to close the Square) on Friday, August 17 th through Monday, August 21 st, Set-up on Thursday, August 17 th, and take down on Monday, August 21 st, Insurance, listing the Town as additionally insured, to be provided to the Town Clerk s Office at least two weeks prior to the event. MOTION: Councilor Blow motioned and Councilor Kelley seconded to Approve the Special Event Permit Application as read. VOTE: Unanimous. # 6991 Discussion with Action: Approve the Interlocal Agreement for FY18 between the City of Saco, Maine and the Town of Old Orchard Beach, Maine for sharing of a full-time Deputy Code Enforcement Officer services, twenty-hours (20) hours per week, sharing equally the cost of wages, employee benefits, indirect costs and 51 Town Council Meeting Minutes of August 1, 2017

52 BACKGROUND: retroactive travel allowance and this amount may be changed annually beginning on July 1, 2019 by mutual agreement of the Town Councils of Saco, Maine and Old Orchard Beach, subject to annual renewal by mutual agreement. This Agreement is to arrange for the sharing of a Deputy Code Officer with the City of Saco. MOTION: Councilor Tousignant motioned and Councilor Kelley seconded to Approve the Interlocal Agreement for FY18 between the City of Saco, Maine and the Town of Old Orchard Beach, Maine for sharing of a full-time Deputy Code Enforcement Officer services, twenty-hours (20) hours per week, sharing equally the cost of wages, employee benefits, indirect costs and retroactive travel allowance and this amount may be changed annually beginning on July 1, 2019 by mutual agreement of the Town Councils of Saco, Maine and Old Orchard Beach, subject to annual renewal by mutual agreement. VOTE: Unanimous. INTERLOCAL AGREEMENT OLD ORCHARD BEACH, MAINE AND SACO, MAINE DEPUTY CODE ENFORCEMENT OFFICER WHEREAS, the Town of Old Orchard Beach ( Old Orchard Beach ) has a need for the services of a Deputy Code Enforcement Officer; and WHEREAS, the City of Saco ( Saco ) is willing to provide the services of its Deputy Code Enforcement Officer ( Deputy CEO ) to Old Orchard Beach subject to the sharing of cost and hours of work stipulated within this agreement; and WHEREAS, pursuant to 30-A M.R.S.A. 2201, etc. seq., municipalities are permitted to make the most efficient use of their powers by enabling them to cooperate with other municipalities on the basis of mutual advantage through entering into a interlocal agreement; and, NOW THEREFORE, Saco and Old Orchard Beach agree as follows: 1. Appointment of Old Orchard Beach Deputy CEO. Old Orchard Beach, acting through its Town Manager, shall appoint the Saco Deputy CEO, with the consent of Saco, to be the Old Orchard Beach Deputy CEO, but subject to the provisions in Paragraph 3 below the Deputy CEO shall at all times remain solely an employee of Saco. 2. Scope of Services. The Saco Deputy CEO shall perform all duties and responsibilities imposed by law on the Deputy CEO. Duties of the Old Orchard Beach CEO are more clearly defined in the job description, attached as Attachment A. There is an expectation that the Saco Deputy CEO will maintain a work schedule and 52 Town Council Meeting Minutes of August 1, 2017

53 physical presence in Old Orchard Beach for 20 hours each workweek. Saco may, by mutual agreement of Old Orchard Beach, meet the requirement for the 20 hour per week work schedule, with more than one individual Saco Deputy CEO. 3. Employer. The Saco Deputy CEO shall remain an employee of Saco during the term of this Agreement for all purposes including without limitation, pay, benefits and workers compensation coverage. 4. Old Orchard Beach Responsibility. The Saco Deputy CEO shall be an agent of Old Orchard Beach for the purposes of statutory authorization pertaining to the duties and responsibilities of the Deputy CEO and for any other clerical or administrative functions and duties assigned by Old Orchard Beach. Old Orchard Beach shall be responsible for providing office space, furniture and equipment. Old Orchard Beach shall be solely responsible for the cost and provision of legal counsel related to the duties and responsibilities assigned by Old Orchard Beach to the Deputy CEO. 5. Cost. Old Orchard Beach agrees to reimburse Saco, on the first day of each month, the portion of the total annual compensation paid by Saco to the Deputy CEO as detailed in Exhibit A. Compensation shall include a portion of wages, employee benefits, and other direct and indirect personnel costs attributable to the Deputy CEO paid by Saco. This amount may be changed by written mutual agreement of Saco and Old Orchard Beach. 6. Indemnification. Should a claim be brought against Old Orchard Beach arising out of, or within the scope of, the services performed by the Saco Deputy CEO for Old Orchard Beach, Old Orchard Beach shall defend, indemnify and hold harmless Saco and its officials, agents and employees in their public and individual capacities from and against all such claims, damages, losses and expenses, including attorney fees. This section shall not be interpreted to waive the monetary limits and substantive areas of immunity under the Maine Tort Claims Act. 7. Term. This Agreement is effective August 6, 2017 and shall remain in effect indefinitely unless terminated in accordance with Section 8 of this Agreement. The Parties agree that any amendment to this Agreement may be upon mutual written and affirmative action of the governing bodies of both municipalities. 8. Termination of Agreement. Either party may terminate this Agreement for any reason by giving ninety (90) days advance notice in writing to the Town Manager or City Administrator. 9. Default. In the event a party defaults under this Agreement, the other party shall have those remedies available to it at law and in equity; provided it shall first give the defaulting party written notice and a reasonable time to cure. 10. Entire Agreement. This Agreement constitutes the entire agreement between the parties, and replaces any prior agreement between the parties for Deputy CEO 53 Town Council Meeting Minutes of August 1, 2017

54 services. If any clause, section or provision is held to be invalid or unenforceable, that shall not affect the entire agreement and the parties agree to meet and negotiate a new clause, section, provision or agreement. # 6992 Discussion with Action: Approve the Special Event Permit application for the Chamber of Commerce to hold their Annual Car Show on Friday, September 15 th, 2017, from Noon to 8:00 p.m., closing Old Orchard Street, Seavey Street, Milliken Street from Old Orchard Street to Imperial Street, and closing the Square, also parking vehicles on Francis and Staples Streets; on Saturday, September 16 th, 2017, from 6 a.m. to 5 p.m., in Memorial Park and the Milliken Street parking lot, and closing First Street. Takedown will be from 5 p.m. to 7 p.m.; request rain date of Sunday, September 17 th, 2017; request for a banner to be hung in the Gazebo in Memorial Park. Insurance, listing the Town of Old Orchard Beach as additionally insured, to be provided to the Town Clerk s Office at least one month prior to the event. MOTION: Councilor Kelley motioned and Councilor Blow seconded to Approve the Special Event Permit as read. VOTE: Unanimous. # 6993 Discussion with Action: Set the Public Hearing date of August 15 th, 2017, to Amend the Town of Old Orchard Beach Code of Ordinances, Chapter 22, Emergency Services, Article II, Alarm Systems, amending the false alarm charges and delegating authority to the Fire Chief and Police Chief, separately. MOTION: Councilor Tousignant motioned and Councilor Kelley seconded to Set the Public Hearing date of August 15 th, 2017, to Amend the Town of Old Orchard Beach Code of Ordinances, Chapter 22, Emergency Services, Article II, Alarm Systems, amending the false alarm charges and delegating authority to the Fire Chief and Police Chief, separately. VOTE: Unanimous. NOTICE OF PUBLIC HEARING MUNICIPAL OFFICERS OF THE TOWN OF OLD ORCHARD BEACH The Municipal Officers of the Town of Old Orchard Beach, Maine hereby give Public Notice that there will be a Public Hearing held at the Town Hall, Council Chambers, on August 15 th, 2017 at 6:30 p.m. to consider the following: 54 Town Council Meeting Minutes of August 1, 2017

55 Shall the Town Council of the Town of Old Orchard Beach amend the Code of Ordinances, Chapter 22, Emergency Services, Article II, Alarm Systems by deleting the strikethrough language and adopted the underscored language, as follows: Sec Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Alarm device means any device that will transmit by radio signal or any audible signal. Alarm system means any alarm mechanism or device designed for the detection of smoke, heat or sprinkler activation, or any security alarm system. Alarm user means any property that is tied directly into the town's fire alarm system by direct wire or security alarm system, or any fire or security system that is being monitored on a 24-hour basis with a reputable monitoring company, which systems are received by the town's dispatch center as an emergency response alarms. False alarm means any fire or security alarm signal which is not in response to an actual alarm requiring an immediate fire or police department response, including any signal emitted by a negligently activated alarm system or by an alarm system deliberately activated when an immediate fire or police department response is not required or by a malfunctioning alarm system. (Ord. of , 3) Cross reference Definitions generally, 1-2. Sec Findings. The number of fire and security alarms in use within the town has greatly increased, which has also increased the number of false alarms and associated problems which greatly impacts the department of public safety's Fire and Police Departments ability to respond to emergencies. (Ord. of , 2) Sec Violation and false alarm fees. (a) Any alarm user whose alarm system produces more than three false alarms in one calendar year shall be considered to be a violation of this article and shall be subject to the following schedule of fees: (1) For the fourth false alarm, $ $50.00 (2) For the fifth false alarm, $ $ (3) For the sixth and each subsequent false alarm, $ $ Town Council Meeting Minutes of August 1, 2017

56 (b) The town reserves the right to collect false alarm fees as otherwise permitted by law. All fines collected shall inure to the town. (Ord. of , 4) Sec Appeals. Within a ten-day period after a demand is made for payment of a fee assessed under section 22-28, the person from whom the fee is demanded may appeal the imposition of the false alarm fee to the police chief or his designee if it is a security alarm and the Fire Chief or his designee if it is a fire alarm. If no agreement can be reached after this had been done, the appeal will be to the town council. The town council may abate or reduce the fee upon good cause shown. The decision of the town council shall be final. (Ord. of , 5) Sec Grace period. After the installation date of any alarm system, a 30-day grace period shall be granted to any alarm user for compliance to this article. (Ord. of , 6) Sec Enforcement. The police chief or his designee shall enforce this article. (Ord. of , 7) Per Order of the Municipal Officers this day of, # 6994 Discussion with Action: Set the Public Hearing date of August 15 th, 2017, to Amend the Town of Old Orchard Beach Code of Ordinances, Chapter 62, Vehicles for Hire, adding Article III, Bicycle Cabs, Sections through , regulating bicycle cabs. MOTION: Councilor Blow motioned and Councilor Tousignant seconded to Set the Public Hearing date of August 15 th, 2017, to Amend the Town of Old Orchard Beach Code of Ordinances, Chapter 62, Vehicles for Hire, adding Article III, Bicycle Cabs, Sections through , regulating bicycle cabs. VOTE: Unanimous. NOTICE OF PUBLIC HEARING 56 Town Council Meeting Minutes of August 1, 2017

57 MUNICIPAL OFFICERS OF THE TOWN OF OLD ORCHARD BEACH The Municipal Officers of the Town of Old Orchard Beach, Maine hereby give Public Notice that there will be a Public Hearing held at the Town Hall, Council Chambers, on August 15 th, 2017 at 6:30 p.m. to consider the following: Shall the Town Council of the Town of Old Orchard Beach amend the Code of Ordinances, Chapter 62, Vehicles for Hire, adding Article III, Bicycle Cabs, as outlined below: Sec Definitions. CHAPTER 62 VEHICLES FOR HIRE ARTICLE III. BICYCLE CABS* DIVISION 1. GENERAL PROVISIONS As used in this article, unless the context otherwise indicates, the following words shall have the following meanings: Bicycle cab means any vehicle that is powered by means of a person operating a two- or three-wheeled non-motorized vehicle and that also includes a separate seating area for passengers. Business License Administrator/Code Enforcement Official also includes their designee. Police Chief also includes their designee. Street, way, or public place means any street, way, trail, path, park, square, or other public property, or portion thereof. To operate means to pedal, push or otherwise cause the bicycle to move. Sec General licensing provisions to apply. Except to the extent that this article contains a contrary provision, all general licensing provisions of chapter 18 shall apply to this article. Sec Required. DIVISION 2. LICENSES No person shall operate a bicycle cab on any street or way or in any public place without 57 Town Council Meeting Minutes of August 1, 2017