city of saco, maine...2018/04/17 · rachel bolduc 25 rosewood drive ronald bolduc 25 rosewood...

SACO CITY COUNCIL MEETING TUESDAY, APRIL 17, 2018 – 6:30 PM

CITY HALL AUDITORIUM

I. CALL TO ORDER II. RECOGNITION OF MEMBERS PRESENT III. PLEDGE OF ALLEGIANCE IV. GENERAL

A. Historic Preservation Commission Recognition B. Jay Snyder’s new book “Saco and ME” C. Clarification of Council Procedures D. Joint Workshop with School Board

V. PUBLIC COMMENT VI. CONSENT AGENDA

A. Approval of Minutes for: April 2, 2018 B. Nomination of Election Clerks 2018-2020 P3 C. Confirmation of Mayor’s Appointments to the

Parks & Recreation Advisory Board P6 D. Confirmation of Mayor’s Appointment to the Planning Board P8

VII. AGENDA

A. (Public Hearing) Contract Zone Application – 95 Heath Road P9 B. (Second and Final) Amendment to Chapter 171 – Single Use Plastic Bags P16 C. (Final Reading) Budget amendment - City Hall and Annex Renovations P20 D. School Budget Discussion and Directive P22

VIII. COUNCIL DISCUSSION AND COMMENT

IX. EXECUTIVE SESSION

“Be it Ordered that the City Council enter into executive session, Pursuant to [M.R.S.A. Title 1, Chapter 13, Subchapter 1, §405(6) A. Discussion on the evaluation of the City Administrator” “I move to approve the order”

X. REPORT FROM EXECUTIVE SESSION Language for this will be provided during Executive Session

XI. ADJOURNMENT

CITY OF SACO, MAINE Administration Kevin L. Sutherland, City Administrator Saco City Hall Telephone: (207) 282-4191 x341 300 Main Street Email: [email protected] Saco, Maine 04072-1538 Facebook: /sacomaine Twitter: @sacomaine

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mailto:[email protected]://www.facebook.com/sacomainehttps://twitter.com/sacomaine

SACO CITY COUNCIL WORKSHOP TUESDAY, APRIL 17, 2018

CITY HALL AUDITORIUM

AGENDA (for discussion, no action is taken)

A. Senior Volunteer Program P23 B. March Financials (thru 3rd Fiscal Quarter) P25 C. Planning and Economic Development P26

BUDGET PRESENTATIONS

D. Responses to questions from the previous week budget meetings E. Dyer Library F. Saco Main Street G. Other Not-for-profit Organizations H. Assessment I. Water Resource Recovery

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CONSENT AGENDA ITEM: B Date: April 17, 2018

MEETING ITEM COMMENTARY

AGENDA ITEM: Nomination of Election Clerks 2018-2020 STAFF RESOURCE: Michele L. Hughes, City Clerk COUNCIL RESOURCE: Councilor Marshall Archer BACKGROUND: Election Clerks are the election officials who are appointed to

represent the qualified party in which they are enrolled and provide a check and balance in the electoral process. The City Clerk has submitted a list of individuals who would like to be appointed to help with voting activities at the polls on Election Day.

The municipal officers must appoint nominated election clerks by May 1st (of the even-numbered years), pursuant to Title 21-A §503. The individuals appointed by the municipal officers serve as election clerks until new appointments are made on or before May 1, 2020.

EXHIBITS: 1. Nomination Report – Election Clerks 2018-2020 RECOMMENDATION: Staff recommends approval. SUGGESTED MOTION: “Be it Ordered that the City Council approve the document

titled, ‘Nomination Report – Election Clerks 2018 -2020, dated April 17, 2018’.”

“I move to approve the order.”

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Exhibit Item: 1

Nomination Report - Election Clerks 2018 – 2020

Dated: April 17, 2018

Democratic Election Clerks:

Margaret Arenstam 43 Middle Street

Linda Bernier 4 Maple Street

Rachel Bolduc 25 Rosewood Drive

Ronald Bolduc 25 Rosewood Drive

Elsie Boudreau 13 Woodcock Avenue

Frank Brancely 41 Roebuck Avenue

Patricia Conley 41 Locke Street

Joseph Corriveau 25 Weymouth Street

Lewella Daigle-Landry 60 King Street #10

Elizabeth DeSimone 220 Ferry Road

Claire Foran 55 Union Street

Kathryn Garrity 9 Glenhaven Circle W.

Linda Giroux 45 Cleveland Street

Kathleen Harder 28 Douglas Avenue

Claire Howard 20 Hillview Avenue

Nancy Labbe 43 Shadagee Road

Norman Labbe 43 Shadagee Road

Joan Lambert 131 Louden Road

Pauline Loranger 9 Therrien Avenue #15

Karen Martel 29 Winter Street

Margaret Mills 168 Simpson Road

Lorraine Mitchell 3 Shannon Lane

Arlene Murchison 495 Buxton Road

Claudette Nadeau 6 Sunrise Avenue

Niles Perkins III 17 Summer Street

Maureen Piette 151 Woodman Avenue

Kathie Purdy 95 Hearn Road

Kathy Sanborn 10 Rotary Drive

Katherine Scamman 2 Sod Farm Lane

Nancy Schuster 433 Ferry Road

Madeleine Thibeault 72 Summer Street Mary Alice Tripp 38 Glenhaven Circle E.

Joan Twomey 10 Rotary Drive

Diana Whitaker 127 Woodman Avenue

Diane Zehner 124 Buxton Road

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Exhibit Item: 1

Republican Election Clerks:

Loralie Albert 11 Woodside Avenue

Marolyn Bissonnette 25 Ocean Park Road

Ellena Burtt 53A Hill Street

Gladys “Betty” Deering 102 McKenney Road

Barbara Dunn 8 Richards Way

Robert Dunn Jr. 8 Richards Way

Barbara Field 16 Charles Street

Patricia Graffam 9 Baxter Lane

Margaret Grant 12 Cross Street

Edna Leary 269 Flag Pond Road

Joanne Leary 66 Ricker Road

Susan Marston 52 Bayberry Lane

Cynthia Patterson 107 New County Road

Lawrence Patterson 105 New County Road

Robert Pellerin 34 Landing Road

Marjorie Sanborn 36 North Avenue

Timothy Snyder 125 Franklin Street

Unenrolled Election Clerks:

Dorothy Anagnostis 20 Summer Street

Todd Beety 1015 Portland Road

Linda Cyr 53 Garfield Street

Karen Eames 30 Glenhaven Circle E.

Esther Harris-Broad 2 Pond Street

Anita Huizing 17 Sunset Avenue

Sandra Ledoux 76 Spring Street

Joy Ofielu 30 Cutts Avenue #1

William Russell 18 Norman Street

Louise Stuart 21 Dawn Marie Drive #201

Judy Thayer 47 Ferry Road

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CONSENT AGENDA ITEM: C Date: April 17, 2018


AGENDA ITEM: Confirm the Mayor’s Appointments to the Parks & Recreation Advisory Board

STAFF RESOURCE: Ryan Sommer, Director of Parks & Recreation COUNCIL RESOURCE: Councilor Lynn Copeland BACKGROUND: The Parks and Recreation Advisory Board was established for the

purpose of planning a city-wide Parks and Recreation Program and to advise and assist the Parks and Recreation Director in initiating and maintaining this Program. The Board consists of 11 members. The responsibility of the Parks and Recreation Advisory Board includes: (1) responsibility to promote, enhance, and protect recreational opportunities in Saco in order to maintain and further develop the quality of life. (2) Serve as an Advisor to the Parks and Recreation Director, and as a forum for the discussion of new and creative programs including needs and requirements of present and future activities, programs, and projects.

EXHIBITS: 1. Board applications RECOMMENDATION: Staff recommends the board appointments. SUGGESTED ACTION: “Be it ordered that the City Council confirm the Mayor’s

appointment of Candice Eng, Sandy Mekonis and Susan Spath to the Parks & Recreation Advisory Board for a 1-year term to begin April 17, 2018 and to expire on June 30, 2019.”

“I move to approve the order.”

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CONSENT AGENDA ITEM: C Date: April 17, 2018

Board Applications:

1st Applicant

2nd Applicant

3rd Applicant

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CONSENT AGENDA ITEM: D Date: April 17, 2018


AGENDA ITEM: Confirm the Mayor’s Re-Appointment of Peter Scontras to the Planning Board

COUNCIL RESOURCE: Councilor Gay STAFF RESOURCE: Bob Hamblen, City Planner

BACKGROUND: The Planning Board primarily reviews development proposals, and is

authorized at its discretion to undertake studies and make recommendations on matters of land development, energy and water conservation, transportation and more. The volunteers serving on the Planning Board work with staff to ensure that proposed development in Saco is safe, suitable, and a welcome addition to the fabric of the community. Mayor Lovell has nominated Peter Scontras for re-appointment to the Planning Board (Ward 7). Mr. Scontras is completing his first term on the Board. The re-appointment would be for a three year term.

RECOMMENDATION: The Mayor recommends confirmation of the re-appointment of

Peter Scontras to the Planning Board. SUGGESTED MOTION: “Be it Ordered that the City Council confirm the Mayor’s re-

appointment of Peter Scontras to the Planning Board, for a 3-year term to expire on April 1, 2021, and thank Mr. Scontras for his continued and valued service.”

“I move to approve the Order”.

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AGENDA ITEM: A Date: April 17, 2018

MEETING ITEM COMMENTARY AGENDA ITEM: (Public Hearing) Contract Zone Application – 95 Heath Road STAFF RESOURCE: Bob Hamblen, City Planner COUNCIL RESOURCE: Councilor Gay BACKGROUND: Applicant Cole Coletro proposes to establish an “event venue” at 95

Heath Road. A “rustic barn” is proposed along with various improvements in order to allow events such as weddings or graduations parties for up to 150 people. The 15 acre parcel has adequate space for parking, the season would be May through September, with hours no later than 11 p.m. A commercial kitchen would be installed in the barn, with food largely being provided by caterers. The Planning Board held a public hearing on this proposal at its March 6, 2018 meeting, and made a negative finding on each of the four standards required for a contract zone, and voted to forward a negative recommendation to the Council.

EXHIBITS: 1. Draft Contract Zone document 2. Email from Planning Board member Alyssa Bouthot

Exhibit Items were previously provided on April 2, 2018 (page 16) 2. Memo from City Planner 3. Letter from Applicant 4. Map of property and proposed barn location 5. Planning Board Minutes, 3/6/18 6. Example of Proposed Barn

7. Staff Comments

RECOMMENDATION: Staff is not inclined to oppose the recommendation provided by the Planning Board.

SUGGESTED MOTION: “I move to open the public hearing for the document entitled

“Contract Zone Agreement by and Between Cole Coletro and the City of Saco,” dated March 6, 2018”;

“I move to close the public hearing and further schedule a second and final reading for May 7th, 2018.”

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http://cms.revize.com/revize/saco/Agenda%20Council/2018/Council%20Agenda%20and%20packet_4-2-18.pdf

AGENDA ITEM: A Date: April 17, 2018 Exhibit Item: 1

Contract Zone Agreement by and between

Cole Coletro and the City of Saco March 6, 2018

THE CITY OF SACO HEREBY ORDAINS: I. That the Zoning Ordinance of the City of Saco, dated January 2, 1985, and amended through July 17, 2017 is hereby further amended by adopting this contract by and between the City of Saco and Cole Coletro.

1. Cole Coletro (Applicant) has submitted an application for a contract zone for the parcel (Subject Property) at 95 Heath Road.

2. The Subject Property is owned by Cole K. Coletro, acquired January 22, 2017, and

subject to a deed recorded in Book 17178, Pages 62-65 at the York County Registry of Deeds.

3. The Subject Property is a 15.16 acre parcel identified as Tax Map 108, Lot 1 on City

of Saco tax maps. 4. The Subject Property is in the C-1 zoning district.

5. The Applicants propose to establish a Place of Public Assembly on the Subject

Property. This is not an allowed use in the C-1 zoning district.

6. Recognizing the requirements of the Zoning Ordinance, and the limitations on establishing such a use in the C-1 zoning district, the Applicant hereby makes application for a Contract Zone that would allow said use to be established on the Subject Property as a legally conforming use.

II. This Contract Zone Agreement amends the Saco Zoning Ordinance as follows: This Contract Zone, specifically and exclusively for the Subject Property as identified above, would allow the Applicants to establish a Place of Public Assembly as an allowed use, as provided for in Article 14 of the Saco Zoning Ordinance:

Section 230-410-22 of the Zoning Ordinance is hereby amended so that “Place of Public Assembly” shall be a permitted use on the Subject Property. A Place of Public Assembly shall be defined as follows: A commercial use that may operate either fully enclosed within a building, or outdoors, or both, that provides a place for public gatherings such as weddings, graduations, anniversaries and similar events. A place of public assembly may include facilities for eating and drinking,

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provided that required licenses and permits have been issued by the applicable agencies.

III. This Contract Zone Agreement is subject to the following conditions and restrictions, as provided for in Section 230-1405.F of the Saco Zoning Ordinance:

a. The Applicant shall adhere to all other applicable provisions of the C-1 zoning district and of the City of Saco Zoning Ordinance.

b. City and Applicant recognize that the plan/map submitted for contract zone

review is a representation of existing site layout, but is subject to change as the result of site plan review conducted by the Planning Board. If it is determined that the changes constitute a significant change in the contract, then the developer shall also be required to obtain City Council approval of the changes.

c. Upon approval of this contract by the City Council, the Applicants shall submit

materials required for site plan review to the Planning Office. Failure of the Applicants to secure site plan approval within one year of the approval of this Contract by the Saco City Council shall render this Contract null and void. In the event that permits or approvals are delayed due to circumstances beyond the control of the Applicants, this one year deadline may be extended by one year upon written request to the City Council.

d. Hours for which the Place of Public Assembly is open to the public shall be

reasonable in order to accommodate gatherings as proposed, by shall be limited to between the hours of 9:00 a.m. and 11:00 p.m.

e. Parking shall be limited to the Subject Property. No parking shall be permitted

within the Heath Road right of way. f. All permits, licenses and approvals required by local or state agencies for a Place

of Public Assembly and/or commercial kitchen shall be secured by the Applicants prior to opening for business. These may include but are not limited to a building permit for the barn, a building permit for the installation of a commercial kitchen, a Victualer’s License, a business license, and a Certificate of Occupancy.

g. For the purposes of this Agreement, a Food Truck shall be defined as, “A

motorized vehicle with on-board power, refrigeration, food preparation facilities, and usually room for two to four employees. A food truck is distinct from push carts, trailers (towed carts), and other mobile retail vendors.”

h. This contract and its provisions shall specifically and exclusively apply to the

Contract Zone request submitted by the Applicants. Approval of this Contract Zone is in part based on the financial and technical qualifications of the Applicants as submitted to the City. Accordingly, this contract and the contract

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zone it creates shall not be transferable prior to review of said qualifications by a potential buyer or other operator of the Place of Public Assembly by the Planning Board.

i. Breach of these conditions and restrictions by the developer shall constitute a

breach of the contract, and the developer shall be required to apply for a contract modification. Failure to apply for, or to obtain a modification shall constitute a zoning violation, subject to enforcement action.

IV. Pursuant to authority found in 30A M.R.S.A. Section 4352 (8), and the City of Saco Zoning Ordinance, Section 1405, and by vote of the Saco Planning Board on March 6, 2018 and the Saco City Council on _________, 2018, the following findings are hereby adopted: A. The parcel identified as City Tax Map 108, Lot 1 comprises the Subject Property, a

parcel of an unusual nature and location for the following reasons:

1. The Subject Property is the proposed location of the sole Eating and Drinking Establishment based on a “rustic barn and landscaping” rental venue concept, featuring native landscaping, orchard trees, local produce and foods, in the City of Saco. The City seeks to encourage rural- preservation efforts, which are reflective of the agricultural heritage in Saco.

2. The Subject Property borders the 1,200 acre Heath Preserve, and contains a mix of forest groves and open grasslands. The owner’s intent is to preserve the property and forest for non-residential use, to promote wildlife and nature. The proposed use as a rental venue will minimize the impact of housing development on these 15 acres, but still positively contribute to the economic activity of Saco as well as rural appreciation.

B. The proposed rezoning is consistent with the 2011 Saco Comprehensive Plan, based

on the following goals:

The parcel’s C-1 Conservation District zone allows conditional agriculturally-based commercial uses (“agriculturally related business uses,” “the processing and/or sale of agricultural products raised on the premises,” and “farm stands”). A contract zone could allow establishment of the proposed use. The draft agreement would amend Section 230-410-22 in order to allow a Place of Public Assembly in the C-1 zone, and to rely on either external caterers or a commercial kitchen. Chapter 3, Overview of Updated Inventories L. Land Use Agriculture and forestry play a diminishing role in both Saco’s economy and its landscape—since 1992 the amount of land enrolled in the state’s Farmland and Tree Growth taxation programs in Saco has dropped by 40 percent. The state Growth

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Management Act requires comprehensive plans to designate rural and growth areas. Previous Saco comprehensive plans have called for farmland preservation. Maintaining the rural landscape is important but is becoming increasingly difficult. Chapter 5, Community Goals and Policies J. Historic, Archaeological, and Cultural Resources 11. The City should continue to support regional “creative economy” efforts that leverage cultural resources for economic development. Chapter 6, Land Use Goals and Policies Farm and Forest Land 33. Within areas designated as Rural Conservation Areas, the City’s land use regulations should allow for the continued operation of traditional agricultural and forestry uses. The City’s standards should permit reasonable signage and display in conjunction with uses related to agriculture and forestry. In addition, nonresidential uses that are compatible with a working rural landscape should be allowed as part of these active uses.

C. The proposed use is consistent with but not limited to the existing uses and permitted uses within the original zone. The original (existing) zone is the C-1 Conservation District, designated to promote agriculture and open space while permitting low density residential uses. Examples of uses allowed in the vicinity of the subject property include single-family dwellings, agriculture, agriculturally related business uses, the processing and/or sale of agricultural products raised on the premises, and farm stands.

D. The conditions proposed are sufficient to meet the intent of Section 1403. Contract

Zoning, of the Saco Zoning Ordinance. V. Based on the above findings, conditions and restrictions, the City Council hereby incorporates this Contract Zoning agreement into the Saco Zoning Ordinance by reference. By signing this contract, both parties agree to abide by the conditions and restrictions contained herein. Adopted by the Saco City Council on __________, 2018. by ________________________ by _______________________

Kevin L. Sutherland Cole K. Coletro City Administrator Applicant

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Kevin Sutherland

From: Bob HamblenSent: Tuesday, April 03, 2018 11:03 AMTo: Kevin SutherlandSubject: FW: Council Meeting 4/2, 95 Heath Road CZA

Kevin, FYI. I think Alyssa states the case very well. Thanks. From: Alyssa Bouthot [mailto:[email protected]] Sent: Tuesday, April 03, 2018 10:06 AM To: Bob Hamblen Subject: Re: Council Meeting 4/2, 95 Heath Road CZA Hi Bob, I’d like to submit a few comments in response to the Contract Zone Application for 95 Heath Road that was discussed by the City Council on 4/2/18. As you know, I am the newest serving Planning Board member and I reside at 127 Heath Road. When we received this Contract Zone Application (CZA) in our 3/6/18 packet for the Planning Board I reached out to you to ask how I should proceed as a PB member given that I also received an abutter’s notice for this application. Your suggestion was for me to inform the Board that I received an abutter’s notice and give the applicant the opportunity to weigh in on my participation. As you noted, this is not the first time that a PB member would have received an abutter’s notice for an application, and each situation is handled on a case by case basis. This was not the only item on our agenda that evening with a Board member receiving an abutter’s notice for an item that they participated and voted on. When we reached the 95 Heath Road item on our agenda, I announced my address to the Board and explained that I had received an abutter’s notice for the application and wanted the applicant to have the chance to express any concerns. The Board asked a few questions of me including if I had any business ties to the applicant or would benefit in any way from the project (my response was no), asked if I was a direct abutter or just within the notification range (there is another property between myself and the applicant), and also asked if I felt I could take part in the discussion and vote without any bias (my answer was yes). The applicant was then given the chance to express any questions or concerns and decide if they had any issues with me participating, to which they said they had no issues, so I participated fully on this item. We proceeded with the review of the application and the six members of the Board present that evening had a hearty discussion regarding the standards that we were voting on in regards to the CZA. There were Heath Road and Flag Pond Road neighbors present that evening and they expressed numerous concerns during the Public Comment portion of the meeting. The Board voted a negative recommendation to the Council for this application and as you know I am on record voting “no” to each of the standards. However, my proximity to this project would not have changed my opinion on any of the standards. In regards to Standard 1, I do not feel that the property is of an unusual nature or location. The applicant stated two reasons for this parcel meeting this standard and I fail to see any substance or relevance in their first statement, and I also fail to see any justification in their second statement given the dozens if not hundreds of North Saco properties that border the very same Heath Preserve. I appreciate their stated desire to minimize the impact of housing development in this zone, but this applicant recently sold a piece of this parcel in January of 2018 that was marketed as a buildable lot for up to three houses and new single family homes are currently underway directly next‐door to this proposed venue.


Exhibit Item: 2

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2

In regards to Standard 2, I do not feel the applicant adequately addressed this standard themselves, but staff submitted excerpts from the 2011 Comprehensive Plan noting that maintaining a rural landscape (Chapter 3), supporting “creative economy” (Chapter 5), and allowing nonresidential uses compatible with a working rural landscape (Chapter 6) are all goals for the C‐1 zone. Since I just participated in the recent Comprehensive Plan Update I feel that I have a good working knowledge of the Comp Plan, and while I do think this use would fit the “creative economy” excerpt in Chapter 5, I feel the use would exceed the definitions excerpted from Chapters 3 and 6, so I voted accordingly. In regards to Standard 3, I do not feel that the applicant’s stated use would be consistent with existing and permitted uses in this original C‐1 zone. The application states: “Our parcel’s C‐1 Conservation District zone allows conditional agriculturally‐based commercial uses (“agriculturally related business uses,” “the processing and/or sale of agricultural products raised on the premises,” and “farm stands”). A contract zone could allow us to establish the proposed use. The draft agreement would amend Section 410‐14 in order to allow an “Eating and Drinking Establishment” in the C‐1 zone, and to rely on either external caterers or a commercial kitchen.” I realize there is another example of a recent Contract Zone proposal in the C‐1 zone for an Eating and Drinking establishment, but I believe a primary factor in their application was that the food was being grown on site in a true “farm to table” fashion. This applicant informed the Planning Board on the evening of 3/6/18 that they would be relying on outside caterers and food trucks, without any indication that the food would be sourced from our community. This was a primary factor for me as I considered my vote on this Standard. Given that our task at hand on the evening of 3/6 was to vote on these standards first and foremost, issues raised by neighbors during the Public Comment portion of our meeting in regards to noise and traffic were not even a concern given that those items would be addressed in site plan review. The Council is given the same set of Standards to review as they consider this application so their focus should be there ‐ there was no discussion last night regarding these Standards. I simply wanted to pass along my thoughts since Councilor Copeland brought up my participation on this application during the 4/2/18 council meeting, stating that I should have recused myself, implying that my vote may have somehow impacted the recommendation the Planning Board reached. However, as the record shows, our vote on Standard 1 failed 2‐4, the vote on Standard 2 failed 1‐5, and the vote on Standard 3 failed 2‐4. Thank you for passing this along to the Council as they continue reviewing this application prior to the public hearing, Alyssa The Swan Agency Sotheby’s International Realty The Alyssa Bouthot Team | Greater Portland Group www.swanagency.com www.alyssabouthot.com C: 207.450.3420 [email protected] Emails sent or received shall neither constitute acceptance of conducting transactions via electronic means nor shall create a binding contract in the absence of a fully signed written agreement.


Exhibit Item: 2

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AGENDA ITEM: B Date: April 17, 2018


AGENDA ITEM: (Public Hearing) Amendment to Chapter 171 – Single-Use Plastic Bags

STAFF RESOURCE: Kevin L. Sutherland, City Administrator

COUNCIL RESOURCE: Councilor Alan Minthorn

BACKGROUND: In April of 2017, the City Council added Chapter 171 – Single-Use Plastic

Bags to the City of Saco’s general code. Businesses was given six months to

comply with the ordinance. During that time, it became apparent that clarity

in the Reusable bags definition was required.

In September of 2017, the Council supported the Administrators decision to

use section 106 and not enforce the ban on the reusable bags with plastic

content until a revision to the ordinance was made by Council.

The revisions being proposed have been reviewed with businesses and

business representatives and all agree that these changes will ensure

compliance as the ordinance intended.

The Council reviewed this item at its March 5, 2018 workshop.

EXHIBITS: 1. Amendments to Chapter 171 - Single-Use Plastic Bags

Exhibit item below was previously presented in workshop 3/5/18:

2. Memo from City Administration (see page 69)

Exhibit items below were a part of previous Council action:

3. April 3, 2017 - Chapter 171 – Single-Use Plastic Bags (see page 2)

4. September 11, 2017 – Workshop (see page 64)

5. September 18, 2017 – utilization of Section 106 (see page 36)

RECOMMENDATION: Staff recommends these amendments as written.

SUGGESTED MOTION: “Saco City Council hereby ordains and approves the Second and Final

Reading of the document entitled ‘Amendments to Chapter 171 -

Single-Use Plastic Bags’

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http://www.sacomaine.org/03-05-18%20-%20Council%20Agenda%20and%20Packet.pdfhttp://www.sacomaine.org/Council%20Packet%204.3.17.pdfhttp://www.sacomaine.org/Agenda%20Council/2017/Council%20Workshop%20Packet%209.11.17.pdfhttp://www.sacomaine.org/Agenda%20Council/2017/Council%20Packet%209.18.17_pages.pdf

AGENDA ITEM: B Date: April 17, 2018 Exhibit Item: 1

“Amendments to Chapter 171 - Single-Use Plastic Bags”

(changes are underlined in document)

Chapter 171. Single-Use Plastic Bags Section 171-101. Purpose: It is in the best interest of the residents of the City of Saco (City) to protect the environment and natural resources of Maine by prohibiting the distribution and use of single-use plastic bags. This ordinance intends to encourage the use of degradable resin bags and/or reusable shopping bags in businesses. Section 171-102. Findings: Single-use plastic bags have an adverse effect on the environment. Because the City is an oceanside community with a river as a natural border, both aquatic and wild life are affected by the environmentally hazardous plastic bags. Research has shown that production and disposal of petroleum based products can injure or poison animals, disrupt habitats, and leach into ground water. Additionally, chemical by products can cause harm to humans, pets, and livestock. Sec. 171-103. Authority: This proposed Ordinance to be adopted pursuant to the City’s home rule authority pursuant to 30-A MRS Section 3001, et seq. Section 171-104. Definitions: ASTM International means the former American Society for Testing and Materials. It is now called ASTM International. ASTM Standards means the standards related to single or reusable bags.

• ASTM 5208 is the standard for UV exposure of photodegradable plastics

• ASTM 5272 is the standard practice for outdoor exposure testing of photodegradable plastics

• ASTM 5338 is the standard for determining aerobic biodegradation of plastic materials (requiring oxygen)

• ASTM 5511 is the standard for determining anaerobic biodegradation of plastic materials (does not require oxygen)

• ASTM 6400 is the standard for labeling of plastics designed to be aerobically composted

Business means any business that has or requires a business license with the City.

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Degradable means a compound that breaks down into simpler compounds by stages. Emergency food or other goods provider means a facility operated by a non-profit or governmental agency that provides goods to residents for no charge

Degradable resin means a solid or highly viscous substance that is typically convertible into polymers. Plastic means an organic or petroleum derived synthetic organic solid that is moldable. Plastic film means any organic or petrochemical film less than 1 mil in thickness. Retail business means any business that sells consumers goods and has or requires a retail business license with the City. Reusable bag means a bag with consumer carrying handles that is specifically designed and manufactured for multiple reuse and is made of cloth, fiber or other machine washable fabric or regularly disinfected but not plastic film less than 1 mil in thickness. Single-use plastic bag means a bag with consumer carrying handles made from plastic, which also may or may not be intended for a one time use. These bags fall under the category of plastic film. Section 171-105. Single-Use Plastic Bag: A business, as defined above, may not provide single use bags made of plastic for any purpose. A business may provide a non-petroleum based bag that meets one or more of the aforementioned ASTM standards, such as:

• a paper bag

• a reusable bag as defined

• a bag made from degradable resin compounds If a retail business chooses to not provide a bag of any kind, a sign that measures at least 3 inches by 5 inches near the point of sale and at least 10 inches by 14 inches at entrance door must be posted stating bags will not be provided. Customers are allowed to bring into a business and use their own bags, including plastic bags, without the business being in violation hereof. Section 171-106. Exemptions: Exemption from these limitations herein is made for emergency food or goods providers.

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https://en.wikipedia.org/wiki/Polymer


The City Administrator may exempt other businesses during major City emergencies or disasters. The exemption will end when the emergency or disaster has ended per the City Administrator. Section 171-107. Violations and Enforcement: The City Administrator, or his/her designee(s), shall have the primary responsibility for enforcement of this Ordinance. If the City Administrator or his/her designee(s) determines that a violation of this Ordinance has occurred, he or she shall issue a written warning to the business that a violation was found. Subsequent violations of the Ordinance shall be subject to the penalties set forth below. A violation of the ordinance is based on the availability of plastic bags in a business. Violations of this Ordinance shall be punishable by fines as follows:

• A fine not exceeding $250 for the first violation in a one-year period;

• A fine not exceeding $500 for the second and each subsequent violation in a one-year period.

Each day that a violation occurs will be considered a subsequent violation. Section 171-108. Effective Date: The provision of this ordinance shall become effective 30 days after its enactment. Notwithstanding the preceding, the City Administrator is authorized to delay any enforcement of these provisions for up to a period of six (6) months so that local businesses may cost-effectively eliminate existing inventory of plastic bags, and secure replacement of an acceptable biodegradable alternative. Section 171-109. Severability: If any part or provision of this Ordinance or the application thereof to any person or circumstance

is held invalid, the remainder of the Ordinance, including the application of such part or provision

to other persons or circumstances, shall not be affected thereby and shall continue in full force and

effect. To this end, provisions of this Ordinance are severable.

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AGENDA ITEM: C Date: April 17, 2018


AGENDA ITEM: Budget Amendment #11 FY2018 – City Hall/Annex Renovations STAFF RESOURCE: Kevin L. Sutherland, City Administrator COUNCIL RESOURCE: Councilor Marshall Archer BACKGROUND: Over the last two years, departments that provide direct services to the

community have been relocated to the first floor in City Hall to improve the customer experience. The departments located on the first floor include: Assessment, City Clerk, Code Enforcement, Economic Development, General Assistance, Finance, and Planning. To continue this level of service, improve workflow, and support ergonomic modifications, some additional resources are needed to update the two buildings and create sufficient office space. It is estimated that the improvements required will cost around $75,000, with the use of in house staff to offset some of these costs.

There is currently $53,535 in the Capital Program for City Hall Improvements. $15,000 of which was allocated as part of the FY18 budget for additional improvements to the audio and visual system. The remaining $38,535 would fall to the unassigned fund balance at the close of FY18 (remaining funds from roof work and heating system upgrades) if the money is not re-allocated for these much needed renovations and upgrades.

The additional $36,465 use of reserves would enable the Facilities division to make needed updates to city hall and the annex to accommodate the growth in our organization. This item was discussed in the February 20th and March 19th Workshops. Council action would have no impact on the property tax.

EXHIBIT: 1. Budget Amendment Request Form Exhibit Item below was previously provided on 3/19/18 (see page 29) 2. Memo from City Administration Exhibit Items below were previously provided on 3/5/18 (see page 51)

2. Memo from City Administration 3. Co-location report from city and school staff 4. Layout of Potential locations for departments RECOMMENDATION: The City Council authorizes the Finance Director to amend the Fiscal Year

2018 Budget. SUGGESTED MOTION: “Be it Ordered that City Council approves the second and reading of

‘Budget Amendment #11 FY2018’.” “I move to approve the order.”

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http://www.sacomaine.org/Agenda%20Council/2018/03-19-18%20-%20Council%20Agenda%20and%20Packet.pdfhttp://www.sacomaine.org/03-05-18%20-%20Council%20Agenda%20and%20Packet.pdf

CITY OF SACO BUDGET AMENDMENT REQUEST FORM

REVENUE & APPROPRIATION

AMENDMENT #11 FY2018

Date

Department

April 17, 2018 Unassigned Fund Balance to Capital Program

Name of Account

Account Number

Current Budget 2017-2018

Received to Date

Adjustment Request

Amended Dept. Total

Draw On Fund Balance

10350/300800 $(809,870) $0 $(36,465) $(846,335)

Capital Program – City Hall

10670/ 500911.05101

$53,535 $0 $36,465 $90,000

Net change $0

Notes: The $2,251,919 use of fund balance in the Current Budget 2017-2018 includes $190,600 that was recognized as part of the budget process from Spring 2017 to use in Fiscal Year 2018. The other $2,061,319 is derived from Council action in the current fiscal year. $619,270 is from a budget amendment approved on September 18th to cover the cost of the boiler replacement at the Saco Middle School. $71,434 to assign funds for the Call Fire Retirement Fund, $1,087,903 to reduce the negative fund balance on the School Fund, $127,525 to budget for expenditures related to Unit 91 in the Saco Island Terrace Owners Association, $27,387 for a position overlap in the Planning Department, and $50,000 to cover additional overtime in the Fire Department. These items were approved at the March 5th Council meeting. The final $31,000 for training and $46,800 were to cover previously non-budgeted expenses in Finance and Human Resources.

Finance Director certifies that funds are available:

Signature:

Date: 3/27/18

Comments: This funding will enable the City to improve workflow, productivity, and support needed ergonomic modifications in City Hall and the Annex that will accommodate current (and future) staffing levels in City Hall.

Approved by City Council Date:

AGENDA ITEM: C Date: April 17, 2018

Exhibit Item: 1

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1

MEMORANDUM

TO: Mayor Lovell and City Council

FROM: Kevin L. Sutherland, City Administrator

DATE: April 13, 2018

RE: School Budget Discussion and Directive

At the City Council Workshop on April 9th, the School Superintendent presented the proposed FY2019

School Department budget in the amount of $39,348,972. This proposed budget had been approved by the

School Board at their March 21st meeting. However, at the April 9th Workshop, there were many councilors

who expressed concerns with the proposed mill rate increase that would result from adopting the school’s

budget as presented.

In an effort to provide the School Board with a better idea of where the Council wants the expenditure

amount to be amended to, the Mayor has asked to get a directive from Council on April 17th.

We will also have a joint workshop with the School Board later this month or the first week in May to better

understand the School Department’s needs and consider the competing resources that are required to

ensure quality services are being provided for all of Saco’s citizens cost-effectively.

CITY OF SACO, MAINE Administration Kevin L. Sutherland, City Administrator

Saco City Hall Telephone: (207) 282-4191 x341 300 Main Street Email: [email protected] Saco, Maine 04072-1538 Facebook: /sacomaine Twitter: @sacomaine

AGENDA ITEM: D Date April 17, 2018

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http://www.sacomaine.org/departments/administration/current_budget_materials.phphttp://www.sacomaine.org/departments/administration/current_budget_materials.phpmailto:[email protected]://www.facebook.com/sacomainehttps://twitter.com/sacomaine

MEMORANDUM

TO: Mayor and City Council



RE: Volunteer Citizen Work-off Program

In 2008, the City Council adopted a volunteer program that allows residents of Saco who are at least 60 years of age

to earn property tax benefits up to a maximum of $750 by volunteering to provide services to the City.

This was written into local law under Chapter 220: Volunteer Programs

A review of the Program Guidelines can be found HERE.

The concept of this program is sound; however, it was not in compliance with other tax laws. Staff have worked to

provide a solution. Attached is the letter that was shared with Council last week. There was some conversation

among Councilors about additional changes that you may want to consider, so we’d like to workshop this before

drafting the ordinance changes that will come before Council.


WORKSHOP ITEM: A Date: April 17, 2018

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https://ecode360.com/13304521https://ecode360.com/documents/SA1647/SA1647-220a%20Work%20Volunteer%20Program%20Guidelines.pdf#search=program%20volunteer%20volunteer%20program%20volunteer%20programs%20volunteersmailto:[email protected]://www.facebook.com/sacomainehttps://twitter.com/sacomaine

MEMORANDUM

TO: Mayor Lovell and City Council

FROM: Glenys Salas, Finance Director & Treasurer

DATE: 4/9/2018 RE: Senior Volunteer Program Changes

An item that has been under review for the last couple months was proposed changes to bring the Senior

Volunteer program into compliance. The HR and Finance staff have taken their time with this decision,

knowing how vital this program is to our most vulnerable citizens and at the same time how important it

is for the City of Saco to remain in compliance with IRS regulations.

After much deliberation, the recommendation of the staff is as follows:

1. Reduce the benefit to $599 and the hours to a minimum of 59. This will remove the city’s

obligation to file on behalf of our senior workers.

2. Update the Work Volunteer Program Guidelines a. Delete item “F.(5) Volunteers shall complete a W-4 withholding form” b. Add item “F.(5) Issue a letter annually to each volunteer with the amount of benefit

received.”

c. https://ecode360.com/attachment/SA1647/SA1647-220a%20Work%20Volunteer%20Program%20Guidelines.pdf

3. This action is in compliance with: a. State statute - http://legislature.maine.gov/statutes/36/title36sec6232.html b. City Council Motion c. IRS Regulations - http://www.hbclp.com/2018/02/should-volunteers-receive-an-irs-form-

1099-misc/

d. Existing Charter Code - https://ecode360.com/13304521 4. Volunteers must work a minimum of 59 hours, but may contribute as much volunteer time

beyond that as they would like. That way, the benefit is a benefit and not a wage.

5. Volunteers work on predetermined projects with stated goals. They do not come in and just work on whatever the city employee asks them to do. That way, the city is not “directing” action

the way they would an employee. Rather, the volunteer is accomplishing projects.

6. Volunteers are not subject to feedback on anything other than accomplishing the project assigned to them correctly and in a timely manner. Volunteers are not subject to annual reviews, feedback

on personal work style, or performance improvement plans.

We have reviewed this approach with the City’s auditor, RKO, as well as our new payroll partner,

Paychex, and it has not raised any red flags. As stated in the guidelines for this program, volunteers are

responsible for reporting all federal or state tax reporting of tax abatement benefits that accrue to them

from the program.

CITY OF SACO, MAINE Finance Glenys R. Salas, Finance Director & Treasurer Saco City Hall Telephone: (207) 283-3303 x311 300 Main Street Email: [email protected] Saco, Maine 04072-1538 Facebook: /sacomaine Twitter: @sacomaine

WORKSHOP ITEM: A Date: April 17, 2018

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https://ecode360.com/attachment/SA1647/SA1647-220a%20Work%20Volunteer%20Program%20Guidelines.pdfhttps://ecode360.com/attachment/SA1647/SA1647-220a%20Work%20Volunteer%20Program%20Guidelines.pdfhttp://legislature.maine.gov/statutes/36/title36sec6232.htmlhttp://www.hbclp.com/2018/02/should-volunteers-receive-an-irs-form-1099-misc/http://www.hbclp.com/2018/02/should-volunteers-receive-an-irs-form-1099-misc/https://ecode360.com/13304521mailto:[email protected]://www.facebook.com/sacomainehttps://twitter.com/sacomaine

MEMORANDUM




RE: March Financials

We had hoped to have the March Financials ready for the packet but with March having been the month with taxes

due, the reconciliation process is taking longer than anticipated.

Finance has assured me that we’ll have the numbers for Council by the time we meet on Tuesday.


WORKSHOP ITEM: B Date: April 17, 2018

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MEMORANDUM




RE: Planning and Economic Development

The next City Council meeting falls on a Tuesday, conflicting with the Planning Board’s meeting and creating a

scheduling issue for the City Planner, therefore we are unable to present this information earlier in the budget

process, as originally intended. Consequently, the Code Enforcement and Planning/Economic Development

Departments have been scheduled to present on April 23rd. Over the last few days, several Councilors have

requested a discussion on this topic and I’d like to take this opportunity to further share our vision prior to the

budget presentation on the 23rd.

While we have regularly considered Planning and Economic Development as individual departments (and I hold

them to that standard in staff meetings), according to our code (Section 4-13), they are a division of the

Administration department and am responsible as the Department head to hire and manage these positions.

As part of the 3-19-18 Administrative Update, I conveyed my intent to move forward with a shared division of

Administration (page 3). In that, I had asked for Council input. I did not receive any Council input following that

distribution and the intent for a shared division was not brought up during the April 2nd Council discussion and

comment period. However, the Economic Development Commission discussed the restructuring in March and are

supportive of the recommended merger of the two divisions.

We believe going in this direction creates a more efficient working environment and generates cost savings for the

city. While putting the administrative assistant position aside for a moment (as it exists in both scenario’s), FY18

had two senior directors and the prospect of a mid-level position for the Economic Development Associate when

the Downtown Development District was approved (a total of $230k for those positions). As part of the FY19

budget, having one senior position and two more mid-level positions would bring that total down to $205k. Those

savings have been recognized as part of my recommended budget and will enable us to hire a seasoned professional

at the top who can focus on vision and strategy. The Director of Planning and Economic Development would

manage staff responsible for: moving projects through the planning board process, assisting applicants, managing


WORKSHOP ITEM: C Date: April 17, 2018

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https://ecode360.com/9675508http://www.sacomaine.org/Administrative%20Update%203-19-18.pdfmailto:[email protected]://www.facebook.com/sacomainehttps://twitter.com/sacomaine

financial resources, and administering the city’s Tax Increment Financing and conditional economic development

grant opportunities.

Historically, Saco had a shared Planning and Economic Development Department and Director. Concurrent to the

proposed merger, our current Planning Director supports the merger of these two director positions. In addition,

other communities in Maine have taken a similar approach, such as Auburn, which has an Economic and

Community Development Department that oversees Community Development, Economic Development,

Planning, Permitting, and Code.

If you look at the Maine Municipal Association website, many of the other communities in Maine are looking to

hire joint positions in this capacity too.

Two examples on the site today:

• Rockport – Director of Planning and Community Development

• Bridgton – Community Development Director/Planner

By utilizing some of the funds recently moved by Council, the Planning and Development Director would spend

the next month and half working directly with the Planning Director to learn the site process in Saco (part of the

reason for the push to get applications in quickly) and after he retires, this individual would hire an associate planner

and an economic development specialist (assuming an approved Downtown Development District). This gives the

new director the added advantage of hiring the staff that they would manage. Additionally, this plan is a reduction in

the span of control for which the City Administrator is responsible for.

Based on Census data (v. 2017), Saco is now the 10th largest community in Maine (we’ve apparently surpassed

Augusta). Ahead of us are: Scarborough, Brunswick, Sanford, Biddeford, Auburn, South Portland, Bangor,

Lewiston, and Portland. If you look at the Administrative team structure of many of these communities in Maine,

you’ll see that they tend to have a deputy to help manage the 8-20 departments (below is the information I pulled

from websites where I could quickly find it):

• Auburn: City Manager, Assistant City Manager, Communications & Compliance Manager, Executive

Assistant

• Lewiston: City Administrator, Deputy City Administrator, Community Relations Coordinator, Executive

Assistant

• Scarborough: Town Manager, Assistant Town Manager, Executive Assistant

• Biddeford: City Manager, Chief Operating Officer, Executive Assistant (currently discussing the addition of

a Marketing and Communications staff person)

• South Portland: City Manager, Assistant City Manager and Economic Development Director, Executive

Assistant.


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https://www.memun.org/Training-Resources/Job-Bank-Classifieds/Job-Classifieds-View/ArticleId/8554/Town-of-Rockport-Director-of-Planning-amp-Community-Development#.WtDfSC4bO70https://www.memun.org/Training-Resources/Job-Bank-Classifieds/Job-Classifieds-View/ArticleId/8698/Community-Development-Director-Planner#.WtDe7y4bO70

Saco does not currently have a deputy administrator and reducing the span of control by even one department head

is ideal for an organization of this size. As I mentioned in the Administration department presentation last month, I

make it a point to meet with each of my direct reports on a weekly or bi-weekly basis. This is a time-consuming

endeavor but it offers me the opportunity to keep a good pulse on the organization and work with department

heads to identify and address red flags before they become a larger issue.

The plan the Mayor and I have discussed for the hiring process will be two tiered.

• First round of interviews (with internal staff): City Administrator, Human Resources Director, City Planner,

and Marketing and Communications Specialist.

• Second round of interviews of top candidates (with external members); Executive Directors or designees

from the Chamber of Commerce and the Biddeford Saco Area Economic Development Corporation, the

chairs or designees of the Economic Development Commission and the Planning Board, the Mayor and the

City Administrator.

Finally, I want to thank all of you for considering this merger and the benefits it generates for the City of Saco.


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Agenda 04-17-18 (pages)1. Nomination of Election Clerks 2018-20202. Confirm Mayors Appointments to Parks and Recreation Advisory Board 4-17-183. Planning Board4. Agenda AIC 95 Heath Rd95 Heath Road - email from PB member Alyssa

5. Agenda B.Agenda B. Single Use Bags20170306_Single-Use Bags_REVISED

6. Agenda C.Budget Amendment #11 - City Hall and Annex renoBUDGET AMENDMENT REQUEST FORM #11

7. Agenda D. School Budget Rec8. Volunteer ProgramMemo to Council - Senior Volunteer Program - 4-13-187. MEMO To City Council 04.09.18

9. March Financials - 4-13-1810. Charter Amendments - 4-13-18

city of saco, maine...2018/04/17 · rachel bolduc 25 rosewood drive ronald bolduc 25 rosewood...

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