STATE OF MAINE. I. CALL TO ORDER On Monday, February 24, 2014 at 7:00 p.m. a Council Meeting was held in the City Hall Auditorium.

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1 STATE OF MAINE COUNTY OF YORK CITY OF SACO I. CALL TO ORDER On Monday, February 24, 2014 at 7:00 p.m. a Council Meeting was held in the City Hall Auditorium. II. ROLL CALL OF MEMBERS Mayor 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. IV. PLEDGE OF ALLEGIANCE GENERAL: EMPLOYEE RECOGNITION 25 YEARS OF SERVICE BENJAMIN JEROME (FD); SUZANNE SEXTON (WRRD) AND MICHELE HUGHES CITY CLERK Suzanne Sexton, Administrative Assistant at WRRD Water Resource Recovery Division Director Howard Carter noted that Sue started with the city on February 21st She began her long career in City hall as a clerk and was soon performing wastewater billing based on her previous experience with the Biddeford and Saco Water Company. Approximately 14 years ago she was promoted to an administrative assistant and was reassigned down to the Water Resource Recovery Department where she remains today. Since joining the staff down at the plant she has been a vital part of the daily operations. Her outstanding work ethic and attention to detail have played an important role in moving the department forward to where it is today. It is her dedication to customer service that stands out as her strongest attribute. She will take the time to explain any issue to the customer from billing questions to how to check for leaks resulting in a high water reading. Mr. Carter thanked Sue for her service and Mayor Pilon presented Sue with a plaque in grateful recognition of her outstanding service and dedication to the City of Saco and its residents. Michele Hughes, City Clerk City Administrator Rick Michaud noted that Michele began her career in the Clerk's office in 1989 when City Hall was relocated to the Annex building while renovations were underway at City Hall. Most of City Hall staff was tightly quartered in one section of the Annex, allowing only one person to be waited on at a time by one staff person at the counter. As she still does today, she performed with grace and determination to put Saco's citizens first. Michele worked diligently to learn that first job, and she continued with each promotion and with the increased responsibilities she undertook to gain in the skills and trust of the community needed to be the City Clerk of Saco. Michele personifies all the best of a true public servant: compassion for the people of the city; professionalism in her duties; extraordinary community spirit; the fortitude to embrace the many changes incumbent with her critical position; and the admirable desire to do her best with no thought to self or glory. Mr. Michaud thanked Michele for her service and Mayor Pilon presented Michele with a plaque in grateful recognition of her outstanding service and dedication to the City of Saco and its residents. Benjamin Jerome, Firefighter Mr. Jerome was not in attendance this evening. NEW PROGRAM - CANE TO BE PRESENTED TO THE OLDEST PERSON IN SACO Mr. Ernie Merritt who is a member of the American Chronic Pain Association is interested in starting a new program where a cane would be presented to the oldest person in the community. When that person passes away the cane would be passed onto the family rather than returned to the city. Another cane would be made and presented to the next oldest person. Mr. Merritt makes each wooden cane by hand. The city is now in the process of researching to find who the first recipient will be. V. AGENDA: A. FEE SCHEDULE AMENDMENTS (PUBLIC HEARING) The City Council establishes and approves all fees and charges required by ordinances or policies of the City for M:\2014\cm_2014_02_24.doc 3/6/3014 Page 1 of 36

2 permits, licenses, approvals and applications as well as fees and charges collected by the City authorized by state law or require the city to set the amounts of such fees and charges. The Council may establish any new fees or charges that the Council deems necessary or appropriate to defray the cost of operating programs, delivering services or administering any ordinances or policies. Those fees shall be included in the fee schedule and updated on an as needed basis. Based on departmental review of the current fee schedule, several recommendations for amending the City s fee schedule including Appendix A, B, C & D are included herein. As well, with regard to establishing a parking fee for spaces along the beachfront, a study was done in 2011 to survey other beachfront communities to include what types of parking fees they may or may not have established. Councilor Smith moved, Councilor Precourt seconded to open the Public Hearing on the document titled, Amendments to the City of Saco Fee Schedule, dated January 28, The motion passed with unanimous consent. There were no comments from the public. Councilor Smith moved, Councilor Brunswick seconded to close the Public Hearing and Be it Ordered that the City approve the document titled, Amendments to the City of Saco Fee Schedule and appendices, dated January 28, Further move to approve the Order. AMENDMENT/WITHDREW MOTION - Councilor Cote moved, Councilor Tardif seconded to delete Appendix # D the Annual Parking Down at the Beach as proposed. Councilor Cote withdrew his motion. TABLE - Councilor Brunswick moved, Councilor Johnston seconded to TABLE Appendix #D until a later date. The motion passed with seven (7) yeas. Mayor Pilon called for a vote on the Main motion. The motion passed with four (4) yeas and three (3) nays Councilors Smith, Roche and Tardif. Amendments to the City of Saco Fee Schedule dated January 28, (Please note: underline represents new language while strikethrough is language to be deleted.) M:\2014\cm_2014_02_24.doc 3/6/3014 Page 2 of 36

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19 B. SPECIAL ENTERTAINMENT PERMIT CINEMAGIC & IMAX/PREVIEWS GRILL & BAR (PUBLIC HEARING) Zyacorp Entertainment Inc. d/b/a Cinemagic & IMAX/Previews Grill & Bar has applied for a renewal of their Special Entertainment Permit. The permit will be concurrent with the establishment s liquor license. The applicant has paid all applicable permit fees and the clerk has properly advertised the public hearing in accordance with the Saco City Code, Chapter 93 - Entertainment Councilor Brunswick moved, Councilor Smith seconded to open the Public Hearing. The motion passed with unanimous consent. There were no comments from the public. M:\2014\cm_2014_02_24.doc 3/6/3014 Page 19 of 36

20 Councilor Brunswick moved, Councilor Smith seconded to close the Public Hearing and Be it Ordered that the City Council grant the renewal application submitted by Zyacorp Entertainment Inc. d/b/a Cinemagic & IMAX/Previews Grill & Bar for a Special Entertainment permit to be concurrent with the establishment s current liquor license. Further move to approve the Order. The motion passed with seven (7) yeas. C. FEMA FLOOD MAP ENGINEEERING CONTRACT APPROVAL The City of Saco is investigating a possible appeal to the findings shown on the Preliminary Flood Insurance Rate Maps (FIRMs) that were delivered to the city November These maps were generated as part of a nation-wide program authorized by Congress to revise all coastal community FIRMs. If the maps are adopted as presented, it could represent a significant increase in the number of buildings that are below the 100 year flood elevation including many that were already elevated to meet the current mapped elevations. This in conjunction with the Biggert-Waters Flood Insurance Reform Act of 2012 will drastically increase the cost of flood insurance to homeowners who must purchase it due to Federal requirements. If flood insurance is viewed as unaffordable, it could have a detrimental effect on home sales and subsequently home values in these areas. The maps that have been prepared for Cumberland and York County by FEMA show the use of two different methodologies to arrive at base flood elevations. Initial review of Saco s Preliminary Rate Maps indicates that the more conservative method was used in determining flood zones and elevations. Staff believes that this methodology arrives at conclusions that are not supported by historical data on past flooding events. In order to challenge the findings on these maps, a detailed study and formal appeal must be done. The appeals time frame is limited and runs from approximately March 1 to May 31, There is significant work and research to be done if the City is to file an appeal. The attached contract with Ransom Engineering covers all of these tasks and is estimated to cost $30,000 although the final amount will be based on the actual time and expense method (see bottom of page 2 of Ransom cover letter.) Legislation is currently pending in Washington that would make the City eligible for reimbursement of these expenses if the appeal were successful. Councilor Roche moved, Councilor Precourt seconded Be it Ordered that the City Council authorize Ransom Consulting, Inc. to prepare a municipal appeal to the FEMA November 2013 Preliminary Flood Maps for the City of Saco. Further move to approve the Order. The motion passed with seven (7) yeas. M:\2014\cm_2014_02_24.doc 3/6/3014 Page 20 of 36

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26 D. REQUESTS FOR PROPOSALS TRAIN STATION LEASE In a January workshop councilors indicated that they may like to seek proposals for lease of the Saco Transportation Center space that the Chamber of Commerce now leases. The Chamber has given notice that it will leave it March. The attached Request for Proposals would seek proposals for the space. Note: - Due to the cancellation of the February 18, 2014 meeting the date for proposals should be from Feb 24 th to March 25, Councilor Johnston moved, Councilor Precourt seconded Be it Ordered that the City Council authorize the City Administrator to seek proposals for the lease of the Saco Transportation Center as outlined in the document titled, CITY OF SACO - - SACO TRANSPORTATION STATION REQUEST FOR PROPOSALS, FEBRUARY 18, 2014, and the date was changed to February 24, 2014 to March 25, 2014 to give appropriate time for proposals.. Further move to approve the order. The motion passed with seven (7) yeas. M:\2014\cm_2014_02_24.doc 3/6/3014 Page 26 of 36

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28 E. SALE OF 351 NORTH STREET PUBLIC WORKS BUILDING The Department of Public Works (DPW) is located at 351 North Street and sits on a 24 acre parcel. The DPW building (1) operations are sited on the 7± acres fronting on North Street. The remainder of said parcel consists of 8± acres often referred to as wetlands, and 9± upland acres in the rear. Included herein is a Vision Appraisal Report listing the characteristics, square footage, and other features of the 2 main buildings; note that renovations have been done to DPW building 1 (roof repair) that are not reflected in the Vision Report. The Dunham Group is seeking a site for a truck dealership with frontage along the Maine Turnpike/ I-95. The Public Works Garage site appears to meet the dealership needs. The Dunham Group has made a conditional offer of $2,000,000 for the property. Councilor Precourt moved, Councilor Roche seconded Be it Ordered that the City Council accept the offer from The Dunham Group to purchase the city owned real property located at 351 North Street, with the conditions that the sale price is $3,000,000 and the closing is to be held 3 years from the date of the signing of a purchase and sale agreement. The motion failed with seven (7) nays. VI. CONSENT AGENDA Councilor Cote moved, Councilor Roche seconded to approve consent agenda items #A, B, C, D, and E as follows: A. Be it Ordered that the City Council approve the minutes for February 3, 2014, and further move to approve the Order; B. The City of Saco hereby ordains and approves the document titled, Amendments to 502 and 504 of the Zoning Ordinance, Dec. 17, 2013 ; C. The City of Saco hereby approves the First Reading 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 further move to set the Public Hearing for March 3, 2014 ; D. The City Council hereby ordains and approves the First Reading of the document titled, Code Amendments to Chapter 118 HARBOR, RIVER AND WATERFRONT, dated February 3, 2014, and further move to set the Public Hearing for March 3, 2014 ; E. Be it Ordered that the City Council grant the applications for a License to Operate Games of Chance as follows: Meat Shoot and Dice Roll for March 9th, April 13th and June 29th and Various Pull Tickets from April 1, 2014 to April 1, 2015 as submitted by the Fraternal Order of Eagles #3792 and further move to approve the Order. The motion passed with seven (7) yeas. The complete item commentaries are listed below. B. ZONING ORDINANCE AMENDMENT 502 AND 504 VACANT & NONCONFORMING LOTS (SECOND & FINAL READING) The Zoning Board of Appeals has identified concerns with two subsections of Article 5 of the Zoning Ordinance, and made recommendations for amending each: -- Section 502 addresses nonconforming lots, and provides guidance for, a) how vacant contiguous lots owned by the same party shall be handled, and for, b) how built, contiguous lots owned by the same party shall be handled, but offers no guidance on how a built lot adjacent to a vacant lot owned by the same party should be regarded. A proposed subsection would address the latter situation, Sec (3). -- In a separate matter also in Article 5, Section 504(3) addresses nonconforming structures in the shoreland zone. Subsections a, b and c work well, but subsection d speaks to (t)wo or more contiguous lots rather than M:\2014\cm_2014_02_24.doc 3/6/3014 Page 28 of 36

29 structures. The proposed amendment would move subsection d to Section 502, where it would properly address nonconforming lots. The Planning Board considered the suggested amendments in workshop on Dec. 3, and during a public hearing on Dec. 17. The Board recommends that the amendments be adopted as proposed. C. GENERAL ASSISTANCE ORDINANCE UPDATE (FIRST READING) Each year Maine Municipal Association presents municipalities with new Appendixes for their City Ordinance, which need to be reviewed and adopted. Municipalities should adopt the new maximums (Appendixes) by October 1st or as soon as possible thereafter. This year, the Over-All Maximums on Appendix A have decreased. The food maximums on Appendix B have also decreased 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 slightly in units of three and four bedrooms. Appendix A OVER-ALL MAXIMUMS M:\2014\cm_2014_02_24.doc 3/6/3014 Page 29 of 36

30 Appendix B FOOD MAXIMUMS Appendix C HOUSING MAXIMUMS D. CODE AMENDMENTS CHAPTER 118 WATERFRONT (FIRST READING) The Coastal Waters Commission is proposing changes to the Chapter 118 Ordinance. Since the last revision to this regulation last year, the Coastal Waters Commission and the Harbor Master have had to time to work with the new rules and have found a few areas where the regulations could be improved to enhance safety, facilitate administration, and provide for greater fairness on the part of all using the Saco River to the Ocean and the Pier at Camp Ellis. Code Amendments to Chapter 118 Harbor, River, and Waterfront, dated February 3, 2014 (Please Note: underline is new language, while strikethrough represents language to be deleted). M:\2014\cm_2014_02_24.doc 3/6/3014 Page 30 of 36

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36 E. GAMES OF CHANCE FRATERNAL ORDER OF EAGLES #3792 Fraternal Order of Eagles #3792 has applied for Licenses to Operate Games of Chance as follows: Meat Shoot and Dice Roll for March 9th, April 13th and June 29th and Various Pull Tickets from April 1, 2014 to April 1, The applicant has submitted their applications in accordance with the provisions of Title 17 M.R.S.A. Chapter 13- A, and in accordance with the Rules and Regulations promulgated by the Chief of the State Police governing the operation of Beano/Bingo or Games of Chance. VII. ADJOURNMENT Councilor Cote moved, Councilor Johnston seconded to adjourn the meeting at 8:00 p.m. Attest: Michele L. Hughes, City Clerk M:\2014\cm_2014_02_24.doc 3/6/3014 Page 36 of 36