STATE OF MAINE. I. CALL TO ORDER On Monday, December 15, 2014 at 7:05 p.m. a Council Meeting was held in the City Hall Auditorium.

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1 COUNTY OF YORK STATE OF MAINE CITY OF SACO I. CALL TO ORDER On Monday, December 15, 2014 at 7:05 p.m. a Council Meeting was held in the City Hall Auditorium. II. ROLL CALL OF MEMBERS Mayor Donald Pilon conducted a roll call of the members and determined that the Councilors present constituted a quorum. Councilors present: David Precourt, Leslie Smith Jr., Bette Brunswick, Kevin Roche, Arthur Tardif, Eric Cote and Nathan Johnston. City Administrator Rick Michaud was also present. III. PLEDGE OF ALLEGIANCE IV. GENERAL: V. AGENDA: A. UPDATE ON COMMUNITY VISION PROJECT: SACO BRIDGE 2025 Following project approval in July (see attached Council approved Item Commentary outlining final project), work began on executing the Community Vision Project. This will outline efforts to date, with key information in bold for ease of review. A final presentation of results from the research efforts, Phase I of the project, will be made to the City Council in February 2015, upon the return of the City Administrator. September, 2014 Recruitment by the Vision Process Working Committee (original committee charged with implementing the project) of key community stakeholders for the extended steering and oversight committee, the Vision Process Steering Committee, were undertaken. Membership lists of both groups are attached. October, 2014 The steering committee began recruitment efforts for the 12 community discussion groups, the Focus Groups. The project name and website, were launched. As of Dec 5, there have been 3,490 individual page reads, representing over 1,500 unique visitors. November, 2014 The 12 Focus Groups were held. Over 50 organizations were represented and over 130 individuals attended these meetings. Complete detailed notes on feedback from each group are posted on the website. A list of the groups in attendance is attached. The survey was launched online, as well as was distributed at over 40 locations in hard copy, including over 5,000 copies being sent home with all Saco students for families and for school staff. As of Dec 5, 138 survey responses have been received. A survey copy is attached for review, as well as the list of all locations where it is available. Approximately 800 calling cards were handed out at the polls, guiding citizens to the website and the survey. As well, these cards have been distributed by city staff at points of service with the citizens and by the steering committee. 7,000 invitations to the community wide meeting being held Dec. 6 were mailed to citizens whose addresses were taken from the voter registration list and de-duplicated for same address. An additional 2,000 invitations to the community wide meeting were distributed by local supermarkets as citizens checked out on Nov 28 and 29. An invitation copy also is attached. As well, approximately 50 posters were placed announcing the community wide meeting in key locations around the community and at all city facilities. Finally, the Saco School Department sent out a robo-call message to families extending an invitation to the community wide meeting. Press coverage has included a segment on the Biddeford Cable Access Public TV station, featuring committee members Justin Chenette and Councilor Bette Brunswick, articles in the local papers, and one RSVP from the local paper on attending the community wide meeting. M:\2014\cm_2014_12_15.doc 12/17/2014 Page 1 of 35

2 Ongoing rolling announcements about the project and various project activities ongoing have been featured on the TATV channel, as well as being posted on the programmable signs at the train and fire stations. Tweets and blast announcements about the project and project activities ongoing have been made to the 4 city Facebook sites, city lists of over 1,600 citizens, and have been provided to the steering committee for their social media outlets. December, 2014 An update on the final activity in Phase I, the Dec 6 community wide meeting, can be provided verbally at the December 15 Council meeting. Councilor Brunswick moved, Councilor Roche seconded to accept the report as completed. with seven (7) yeas. The motion passed Personnel Director Stephanie Weaver noted that the public can view all meeting notes on the cities website and the survey will be extended until the end of December. Councilor Roche stated that there was discussion at the meeting from people that can t get there, to be able to participate more in their government and to have more access to televised activities. Maybe we are meeting the legal lees of what is being filmed but we are not getting the spirit of what should be filmed here. Right now this Council meeting is supposed to be streamed online and it is not. I want to get enough requests out there to get this back to a true community public being accessed by all, not just some. Mayor Pilon noted Councilor Roche s concern and said this would be addressed later on. B. CONTRACT ZONE AMENDMENT PARK NORTH (PUBLIC HEARING) Park North Development located at 941 Portland Road, requests an amendment to the Contract Zone Agreement by and between Park North Development LLC and the City of Saco executed on September 5, Councilor Brunswick moved, Councilor Precourt seconded to open the Public Hearing. The motion passed with unanimous consent. Sandra Guay, 52 Cumberlnd Ave - Ms. Guay was on the Saco Planning Board 12 years. She spent allot of time on the board and the Comprehensive Planning Committee and spent allot of time on this project. I just found out about this application this evening and haven t really prepared anything to say. I did want to let the Council know that During the time we worked on the Comprehensive Plan there was allot of discussion about Route 1 and what it should look like in the future. It wasn t just the planning board discussing this. We had public meetings and the city hired somebody to assist in this process and it took allot of time. One of the things that came up allot was a desire not to have auto dealership in that part of Route #1. There was a very strong feeling that there was already enough dealerships and that there was room for additional dealerships but they should be kept in the area South of Cascade Brook or that area and not expand up into the area where we were hoping to have an attractive entrance to Saco coming from mixed use development coming in from Scarborough. I completely understand the desire to get some businesses established up there and I completely understand the developer and what he has been through with this project. I know it was amended several times over the course of the past several years and I was always in favor of those amendments and anything we could do to help this project move forward was certainly something that I wanted to see. But, this particular use of that property up there, another auto dealership turning auto mile into 2-3 miles of stretches was definitely something that was discussed at some length during the comprehensive planning meeting and the zoning discussions after that and I just thought it was important that the Council take that into consideration before it makes a decision. Councilor Brunswick moved, Councilor Smith seconded to close the Public Hearing and Be it ordered that the City Council set the Second and Final Reading of the Contract Zone Amendment to the document titled, Contract Zone Agreement By and Between Park North Development, LLC and the City of Saco, dated June 6, 2006, to add an allowed use on Lot C1 for car sales and its associated activity for December 22, Further move to approve the order. The motion passed with seven (7) yeas. M:\2014\cm_2014_12_15.doc 12/17/2014 Page 2 of 35

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8 C. CONFIRM THE APPOINTMENT OF THE CITY ADMINISTRATOR AND ACTING CITY ADMINISTRATOR FOR THE PERIOD OF ( TO ) The City Administrator is retiring on December 31, 2014 and returning to work on February 1, 2015 with a new contract. During the one month absence the council has appointed Finance Director Cheryl Fournier as City Administrator from January 1, 2015 to January 31, 2015 and Police Chief Bradley Paul as acting City Administrator in Ms. Fournier s absence for the period of January 1, 2015 to January 31, Councilor Roche moved, Councilor Precourt seconded Be it ordered that the City Council confirm the appointment of the Finance Director Cheryl Fournier to be the City Administrator in addition to Finance Director with compensation in addition to regular Finance Director salary an increase of $ for the period of January 1, 2015 to January 31, 2015, and appoint Police Chief Bradley Paul as acting City Administrator in her absence with no change in compensation. Further move to approve the order. The motion passed with seven (7) yeas. D. OPTION FOR LOTS 7 & 7 IN MILLBROOK BUSINESS PARK The City has received an offer for the purchase of lot 7 or 8 in the Mill Brook Business Park. The City Code grants the Economic Development Commission authority to sell property in the park if it is for an amount at or above the Council established listed price. The offer is for less than the asking price and as such requires Council approval. The Economic Development Council favorably recommends to sell at one half (1/2) of the listed price for lot 7 or lot 8 in the Mill Brook Business Park. The offer for lot 7 is $179,500 and the offer for lot 8 is $193,000. Councilor Brunswick moved, Councilor Precourt seconded Be it ordered that the City Council authorize the City Administrator to sign the contract for the sale of commercial real estate for lot 7 or 8 in the Mill Brook Business Park with Joan Gordon. Further move to approve the Order. The motion passed with seven (7) yeas. M:\2014\cm_2014_12_15.doc 12/17/2014 Page 8 of 35

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13 VI. CONSENT AGENDA Councilor Roche requested to have item #C pulled and discussed separately. Councilor Brunswick moved, Councilor Johnston seconded to approve consent agenda items #A, B, D, E, F, G and H as follows: A. Be it Ordered that the City Council approve the minutes for December 1, Further move to approve the Order; B. Be it ordered that the City Council act pursuant to 23 MRSA Section 3025, to accept the dedication made by Chamberlain Properties, LLC of title in fee simple of the Bridle Way, Equestrian Way, portions of Trailside Circle West and East, and a portion of Woodman Avenue rights of way, parcels of land bounded and described and titled in Warranty Deeds as follows: Note: For the complete motion that includes the Warrant Deed descriptions, please refer to the item commentary below. D. Be it Ordered that the City Council does hereby approve with reference to York County Superior Court Docket #CR Criminal Forfeiture, of the transfer of assets to the City of Saco, pursuant to 15 M.R.S. 5824(3) and/or 5826(6). Further move to approve the order. E. Be it Ordered that the City Council does hereby approve with reference to York County Superior Court Docket #CR Criminal Forfeiture, of the transfer of assets to the City of Saco, pursuant to 15 M.R.S. 5824(3) and/or 5826(6). Further move to approve the order. F. Be it Ordered that the City Council does hereby approve with reference to York County Superior Court Docket #CR Criminal Forfeiture, of the transfer of assets to the City of Saco, pursuant to 15 M.R.S. 5824(3) and/or 5826(6). Further move to approve the order. G. Be it Ordered that the City Council grant Celine Pelletier-Pavlick d/b/a Spiral Pathways LLC a combined Massage Establishment & Therapist License in accordance to the Codes of the City of Saco, Chapter 138. Further move to approve the Order. H. Be it Ordered that the City Council grant Cheryl Bochniewicz a Massage Therapist License in accordance with the Codes of the City of Saco, Chapter 138. Further move to approve the Order. The motion passed seven (7) yeas. Note: The complete item commentaries are listed below. Item #B was approved in the consent agenda, but because the motion is so long, it is included in the commentary below. B. ACCEPTANCE OF STREETS, ROSS RIDGE SUBDIVISION Phases 1 and 2 of the Ross Ridge subdivision are complete, and developer Chamberlain Properties, LLC has requested that streets and infrastructure be considered for acceptance by the City. The subdivision was approved by the Planning Board on August 7, 2007, later amended, and has been built as a 75 lot project. The streets proposed for acceptance include Bridle Way, Equestrian Way, portions of Trailside Circle West and East, and a portion of Woodman Avenue. The rights of way for each include sewer mains, utility lines, sidewalks and drainage structures, all constructed or installed to City standards. Phase 3 will complete the subdivision, and will include the completion of Trailside Circle, likely in Legal descriptions of each of the street have been submitted, and found acceptable by the City Attorney and Dept. of Public Works. Record drawings have been prepared, reviewed and found acceptable by the Department of Public Works. The Planning Board considered this request at its Nov. 5 meeting, and recommends acceptance. Be it ordered that the City Council act pursuant to 23 MRSA Section 3025, to accept the dedication made by Chamberlain Properties, LLC of title in fee simple of the Bridle Way, Equestrian Way, portions of Trailside Circle West and East, and a portion of Woodman Avenue rights of way, parcels of land bounded and described and titled in Warranty Deeds as follows: M:\2014\cm_2014_12_15.doc 12/17/2014 Page 13 of 35

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32 C. ACCEPTANCE OF WILD BRIAR DRIVE - WILLOW GROVE SUBDIVISION At the request of developer David Dunn, the Council is asked to consider the acceptance of Wild Briar Drive, the street providing access to the Willow Grove subdivision, approved on May 4, It is an eight lot subdivision, with approximately 875 feet of new street ending in a cul de sac, and a single intersection at Buxton Road. It was designed to City specifications as a secondary road, and has been inspected by Fay Spofford & Thorndike (formerly known as Deluca Hoffman)while construction has been under way. As well, a 265 foot sidewalk extension along Rte 112 to the corner of Jenkins Road is proposed. A copy of the deed and metes and bounds description is in the packet, as required under of the Subdivision Regulations. Record drawings have been reviewed by Fay Spofford & Thorndike and the Department of Public Works, and a final inspection of the road s condition has been conducted. A legal description of the street has been found acceptable by the City Attorney and Department of Public Works. The Planning Board recommends acceptance based on the November 19, 2014 Planning Board meeting. Councilor Roche moved, Councilor Brunswick seconded Be it ordered that the City Council move pursuant to 23 MRSA 3025, to accept the dedication made by Warranty Deed from DENISE J. DUNN, DAVID A. DUNN and WAYCOTT CONSTRUCTION, INC., who herein transfer and convey, with warranty covenants, to the CITY OF SACO, a Municipal Corporation, 300 Main Street, Saco, Maine ( The City ), a certain parcel of land located and bounded as follows as stated in warranty deed dated December.., The motion passed with unanimous consent. M:\2014\cm_2014_12_15.doc 12/17/2014 Page 32 of 35

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34 D. ASSET FORFEITURE DAVIS The Office of the Attorney General requires the legislative body of the municipality involved in any asset forfeiture to publicly vote to approve the acceptance of the assets each and every time the courts make them available for disposal. This matter, State v. Jason Davis involves the forfeiture of $1, E. ASSET FORFEITURE ROBBINS The Office of the Attorney General requires the legislative body of the municipality involved in any asset forfeiture M:\2014\cm_2014_12_15.doc 12/17/2014 Page 34 of 35

35 to publicly vote to approve the acceptance of the assets each and every time the courts make them available for disposal. This matter, State v. Denisha Robbins involves the forfeiture of $1, F. ASSET FORFEITURE THAMERT The Office of the Attorney General requires the legislative body of the municipality involved in any asset forfeiture to publicly vote to approve the acceptance of the assets each and every time the courts make them available for disposal. This matter, State v. Maria Thamert involves the forfeiture of $2, G. MASSAGE ESTABLISHMENT & THERAPIST LICENSE SPIRAL PATHWAYS LLC Celine Pelletier-Pavlick d/b/a Spiral Pathways LLC, 890 Portland Road has applied for a combined Massage Establishment & Therapist License. The applicant has paid all applicable permit fees and has provided a copy of the City of Saco Application for Business Registration. H. MASSAGE THERAPIST LICENSE APPLICATION - CHERYL BOCHNIEWICZ Cheryl Bochniewicz, located at Spiral Pathways LLC, 890 Portland Road has applied for a Massage Therapist License. The applicant has paid all applicable permit fees and has provided a copy of their State of Maine Massage Therapist License in compliance with Chapter 138, Sub-section Basic proficiency. VII. ADJOURNMENT Councilor Tardif moved, Councilor Brunswick seconded to adjourn the meeting at 7:26p.m. Attest: Michele L. Hughes, City Clerk M:\2014\cm_2014_12_15.doc 12/17/2014 Page 35 of 35