STATE OF MAINE. I. CALL TO ORDER - On Monday, March 2, 2015 at 7:00 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, March 2, 2015 at 7:00 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, Bette Brunswick, Kevin Roche, Arthur Tardif, Eric Cote and Nathan Johnston. Councilor Smith was excused this evening. III. IV. PLEDGE OF ALLEGIANCE GENERAL: Red Trolley The City of Saco is purchasing a trolley to be part of Economic Development for the summer to showcase Saco, similar to other neighboring communities. The trolley will travel from the Chamber of Commerce in Old Orchard Beach through Camp Ellis, back up to the Saco Transportation System, down Main Street then onto Ocean Park Road and back to the Chamber in O.O.B. The trolley will be paid for by branding it with advertisements from local businesses. V. AGENDA: C. PRESENTATION OF CITY COINS TO TA FOOTBALL CHAMPIONSHIP PLAYERS & STAFF MEMBERS The Mayor and City Council would like to take this opportunity to recognize the Thornton Academy Football team, their coaches, staff members and families for winning the 2014 State Class A football Championship title. The City of Saco Mayor and City Council would like to present each team player and staff member with a City of Saco Coin. Appearing on one side of the coin is the image of Saco s City Hall & clock tower which represents our historical downtown and Main Street. Also on this side of the coin is a bridge, which represents the separation of Saco from Biddeford. Also, there is a picture of the Saco River with a fishing boat encased by a nautical rope which exemplifies our fishing community. The image on this side of the coin is the same that can be found on Saco s Police Department patch. On the other side of the coin is the image of Saco s seal. The seal is a white shield with a red chevron and three pinecones which represent the ancient arms of Pepperell. Etched on the top of the coin is Saco s motto Domine Dirige Nos which is Latin for lord guide us and the year 1867, which is the year Saco became an incorporated City. M:\2015\cm_2015_03_02.doc 3/12/2015 Page 1 of 29

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3 The City of Saco is proud of you all who demonstrated exceptional teamwork and commitment in order to achieve their winning results. To the team, our community is proud to recognize you for your fine sportsmanship and athletic achievement. You are great role models in our community. To the Coaches and staff members, we are proud to recognize your outstanding leadership and dedication to these youth, and to the families, we thank you for your continued support of the players and team. B. REPORT FROM COUNTY COMMISSIONER MARSTON LOVELL York County government operations are unique in that all but two department head positions are filled by general election. This creates a distinction between county officers. It is not a distinction that passes to the employees working within the departments for these county officers. All employees of the county are individually hired by the county commission on the recommendation of the hiring department. Similarly, employee matters including grievances go before the commission. The distinction of being elected or appointed to office has no impact on the budget process either. All department heads submit a department budget to the commission. York County budgets are developed and approved differently than had been done historically. The Commission still approves all county budgets, but secondary approval is now required. In 1993, the legislature established the York County Budget Committee. Each year the Committee is formed no later than 100 days prior to the end of the county s fiscal year, the elected officials of each commission district caucus and elect members of the Budget Committee. There are three members representing each of the five commission districts. This selects fifteen of the committee s sixteen members. The sixteenth member is a member of the legislative delegation elected by the M:\2015\cm_2015_03_02.doc 3/12/2015 Page 3 of 29

4 delegation to serve as a nonvoting member of the committee. The Budget Committee elects it own chair and vice chair at its first meeting. The member s terms are three years and no more than one member can represent any municipality. Councilor Arthur Tardif has very ably represented Saco. Council Tardif works well with other members and he is held in high regard for stating his principles and adhering to them in his votes. Until three years ago, the county operated on a calendar fiscal year. Budget deliberations occurred during the Thanksgiving and Christmas holidays. Then the county adopted a July to June fiscal year. This caused an 18 month budget period for one tax year. The committee deliberations are now held during May and June. This makes meetings more easily scheduled and attendance and deliberations more consistent. The Budget Committee does not review and approve the entire county budget. In 2008, the legislature formed the Board of Corrections (BOC) as part of jail consolidation. The jail is the largest and most expensive part of county government. The county creates a biennial jail budget that is approved and funded by the legislature. Previously, charges to federal, state, and other counties for housing their prisoners derived a portion of jail funds. These funds were available to the county for capital repairs and unexpected expenses of the jail. This revenue is now part of the funds controlled by the BOC. Capital repair and unexpected expense now cause pressure on property taxes. This also means that jails now fall under the Governor s curtailment order causing further jail revenue problems. The jail budget, not including Board controlled funds is reviewed and approved by the Budget Committee as an assessment on the county by the Board of Corrections. The Budget Committee does not approve the professional staff budget of the District Attorney s office. All district attorney s budgets for professional staff are combined and submitted to the legislature as part of the Attorney General s budget. The pressure on property tax from this procedure is manifested in costs for clerical support and slow moving criminal cases that cause some pretrial prisoners to remain in the jail for years. To reduce pressure on property taxes, York County is seeking rescission of the 2008 jail consolidation law. Another idea that has been circulated is a county based local option sales tax. Fiscal Year 2015 revenues other than property tax assessments are $2,721,271. The Budget Committee approved budget is $18,659,659. The difference of $15,938,388 was assessed to the towns and cities of York County based on the 2014 State Assessed Value on each town as certified by the State Tax Assessor and received by the county commission from the Maine Secretary of State. This resulted in an increase in property tax for each city and town of %, that is to say, about half of one-tenth of a percent increase. Saco s proportion of the county tax is 6.97%. This was an assessment of $1,111, for the current fiscal year. The nine coastal communities pay for two thirds of the cost of government. The three cities of York County pay just under 20% of the cost of the county. The 26 smaller towns pay over 80% of the cost of the county. In closing, county government was originally created as an authority subordinate to state structure by the act of a king. It first came into being about the ninth century in England. Counties were originally called shires and the first county government authority was the shire reeve, the etymology of the word sheriff. From this justice structure came the recording of property, titles and deeds and the recording of estates, or probate. These are functions that most counties still maintain. In the U.S., the oldest continuous county records date back to 1632 in Northampton County, Virginia. York County with its formation in 1636 has records dating back to Since the formation of the union, the powers of counties arise from state law and vary by state. This is also true for the relationship between counties and municipalities. In Maine, counties retain the duties as delegated to them in the seventeenth century while seeking relevance by providing new services such as emergency management. York County government is shaped by specific influences: by history and tradition, by progressiveness in finding new relevance, and by state law or federal law. It is in an effort to provide leadership to county government that I come before you. I seek your comments and the comments of Saco s citizens to aid in developing tasks that can be consolidated at the county level to assist Saco and the surrounding communities to grow and prosper. A. TERMINATION OF CITY ADMINISTRATOR S CONTRACT On February 17, 2015 Councilor Brunswick suggested a motion to give the City Administrator a six (6) month M:\2015\cm_2015_03_02.doc 3/12/2015 Page 4 of 29

5 termination notice because contract negotiations (for the City Administrator employment agreement dated August 11, 2014) were not done in good faith regarding the elected Mayor's ability to appoint the position and because there was no legal representation present at the time of negotiations. Councilor Brunswick moved, Councilor Johnston seconded Be it ordered that the City Council provide the City Administrator with a six (6) month termination notice in accordance with the City Administrator employment agreement dated August 11,2014, Section II.A, second sentence, and notice effective on March 16, 2015." Further move to approve the Order. Councilor Brunswick moved, Councilor Johnston seconded to table the motion until such time that Councilor Smith is back. The motion failed with two (2) yeas and four (4) nays Councilors Cote, Tardif, Roche and Precourt. Councilor Roche moved, Councilor Precourt seconded To adhere to section #3, letter #B, first sentence starting with The Mayor and ending with abilities and have that program developed on or before April 1 st. The motion passed with six (6) yeas. Mayor Pilon called for a vote on the Main motion. The motion failed with two (2) yeas and four (4) nays Councilors Precourt, Roche, Tardif and Cote. M:\2015\cm_2015_03_02.doc 3/12/2015 Page 5 of 29

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10 D. ADOPTION OF FY16 BUDGET SCHEDULE The City of Saco Finance Director would like for the City Council to have an opportunity to review the upcoming FY16 Budget Schedule. Some of the dates have changed to be in line with the City Charter. Councilor Roche moved, Councilor Brunswick seconded Be it Ordered that the City Council adopt the FY16 Budget Schedule. Further move to approve the Order. The motion passed with six (6) yeas. M:\2015\cm_2015_03_02.doc 3/12/2015 Page 10 of 29

11 E. GENERAL ASSISTANCE PROGRAM AMENDMENT TO SACO CODE AND ADOPTION OF THE REVISED 2013 G.A. ORDINANCE (PUBLIC HEARING) Each year Maine Municipal Association presents municipalities with new Appendixes for their City Ordinance, which need to be reviewed and adopted. This year, the Over-All Maximums on Appendix A have increased slightly. The food maximums on Appendix B have also increased since last year. On Appendix C, we used an average between the York County HMFA and the York/Kittery/ S. Berwick HMFA. Those amounts are up in all categories this year. The City of Saco currently uses the General Assistance Ordinance dated October 2005, which was provided by Maine Municipal Association (MMA). MMA currently has a new GA Model Ordinance Dated September Municipalities are strongly encouraged to adopt this new version as it contains revisions and updates to state law, case law in addition to DHHS regulation. Councilor Precourt moved, Councilor Johnston seconded to Be it Ordered that the City Council hereby moves to open the Public Hearing of the amendment to the Saco Code, Chapter 112, General Assistance Program, Appendix A- Overall Maximum, Appendix B Food Maximums, and Appendix C GA Housing Maximums, and The General Assistance Ordinance dated September 2013 and further move to set the Second and Final Reading for March 16, There were no comments from the public Councilor Precourt moved, Councilor Johnston seconded to close the Public Hearing. The motion passed with six (6) yeas. M:\2015\cm_2015_03_02.doc 3/12/2015 Page 11 of 29

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13 REVISED 2013 GENERAL ASSISTANCE ORDINANCE The complete General Assistance Ordinance can be viewed on the cities website at under News & Agendas, City Council, 3/2/2015. F. MS4 STORMWATER PERMIT PRESENTATION BY INTERLOCAL STORMWATER WORKING GROUP (ISWG) Under the Federal Clean Water Act, the City of Saco must have a permit in order to discharge stormwater to water bodies in our community. This permit is also known as the MS4 Permit, which in Maine communities, is administered by the Maine Department of Environmental Protection. There are six (6) minimum steps that the regulated municipalities are mandated to implement during the five-year permit cycle. The first two requirements of the permit are related to Education and Public Outreach. These items are implemented on a regional basis through the Interlocal Stormwater Working Group, which is facilitated by the Cumberland County Soil & Water Conservation District. One of the new requirements of our latest permit, which is dated July of 2013, is to implement a Municipal Permit Awareness Plan to educate our Municipal Officials and staff on the permit requirements. This outreach to the City Council regarding Stormwater permit requirement will be an annual effort and is considered one piece of the overall education requirement. Councilor Roche moved, Councilor Brunswick seconded Be it Ordered that the City Council hereby accept the fact sheet presented by the Interlocal Stormwater Working Group (ISWG) and resolve to support City staff in their effort in complying with the Clean Water Act. Further move to approve the Order. The motion passed with six (6) yeas. M:\2015\cm_2015_03_02.doc 3/12/2015 Page 13 of 29

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16 VI. CONSENT AGENDA: Councilor Roche moved, Councilor Precourt seconded to pull Item #3 Contract Zone: 8 Industrial Park Rd. from the Consent Agenda and to vote on it separately. The motion passed with unanimous consent. Councilor Johnston moved, Councilor Roche seconded to approve Consent Agenda items #1, 2, and Be it ordered that the City Council Approve the minutes for February 9, Further move to approve the order. 2. Adoption of 2014 National Electrical Code (1st Reading) 4. Zoning Map Amendment (1st Reading) Note: The item commentaries for the above are listed below. 2. ADOPTION OF 2014 NATIONAL ELECTRICAL CODE (1 ST READING) The City of Saco adopts and enforces model construction codes that regulate all phases of building, plumbing, electrical and fire safety installations. These codes are written and revised by membership organizations such as the International Code Council and the National Fire Protection Association. Every 3 years, a new edition of these codes is published that include newly adopted provisions that recognize changes in safety and design. The City has adopted and enforced, under the authority of Title 30-A, M.R.S.A., 4171, the provisions of NFPA 70, The National Electric Code for many years. NFPA has published the 2014 edition of the National Electric Code that is before you tonight for adoption. After meeting with local electricians on November 10, 2014, no changes were suggested. There were approximately 20 licensed electricians in attendance at this meeting. M:\2015\cm_2015_03_02.doc 3/12/2015 Page 16 of 29

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20 #3 CONTRACT ZONE: 8 INDUSTRIAL PARK ROAD (1 ST READING) Applicant JFJ Holdings, LLC proposes a contract zone for the property at 8 Industrial Park Road that would allow a drive-through restaurant to be established within a proposed 3,000 s.f. building. Half the building is intended for office use. The 1.29 acre parcel is on the westerly side of Industrial Park Road, with existing commercial uses to each side and the rear. The parcel is in the I-2 zone, which allows Business offices as a permitted use, but does not allow Drive-through eating establishments. The latter use is likely to require a Traffic Movement Permit from the MaineDOT. During its 2013 review, the Planning Board was concerned with traffic and turning movements on this busy street. The Board voted to make a negative finding on each of the four standards for a contract zone, and forwards a negative recommendation for the contract zone as proposed. Be it ordered that the City Council approve the first reading of document titled, Contract Zone Agreement By and between JFJ Holdings, LLC and the City of Saco, dated October 29, 2013, and schedule a Public Hearing for March 16, Further move to approve the order. The motion passed with four (4) yeas and two (2) nays Roche and Tardif. M:\2015\cm_2015_03_02.doc 3/12/2015 Page 20 of 29

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25 4. ZONING MAP AMENDMENT (1 ST READING) Since the most recent Comprehensive Plan update was approved by the City Council on March 7, 2011, a number of recommendations have been reviewed and implemented. Several of these recommendations resulted in the creation of new zoning districts, or adjustments to existing zones. Each has been reflected on the Zoning Map. Much as the City amends the Ordinance, so too must the Map be amended from time to time. Attached is a copy of the current Zoning Map reflecting changes since Also find two lists that track Ordinance and Map amendments: an implementation table from the Comp Plan, and also a list of Ordinance and Map amendments as they are approved. The Planning Board considered this in workshop and held a public hearing on Dec. 17, The Board recommends that the amendments be adopted. M:\2015\cm_2015_03_02.doc 3/12/2015 Page 25 of 29

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29 VII. RECESS THE MEETING AND CONVENE THE WORKSHOP Recess the meeting and convene the workshop. TIME: 10:13 p.m. VIII. ADJOURNMENT Councilor Precourt moved, Councilor Roche seconded to adjourn the meeting. The motion passed with unanimous consent. TIME: 10: 49 p.m. ATTEST: Michele L. Hughes, City Clerk M:\2015\cm_2015_03_02.doc 3/12/2015 Page 29 of 29