a g e n d a...development, ian houseal gave a brief presentation to the council. the city council...

A G E N D AMEETING - City CouncilCity Council Chambers

Tuesday, February 5, 20196:00 PM

Pledge of Allegiance

Moment of Silence

Roll Call

Minutes

19-110-01 Ordered, to approve meeting minutes from Tuesday, January 22, 2019.

Mayor’s Report/City Council Sub-Committee Reports

City Manager's Report

Communications/Presentations

Public Participation

Public HearingsThe City Council will take public comment on the following:

19-101-01 A Public Hearing to receive comments on the renewal of the City SpecialAmusement Permit and the application for liquor license renewal with malt,spirituous, vinous privilegesfrom Nasson Center Redevelopment, Inc., D/B/A: Nasson Community Center andLittle Theatre.

19-112-01 A public hearing to recieve comment on the discontinuance of a portion of HoytStreet, Springvale, ME.

Consent Agenda

19-107-01 Ordered, to approve the following license request.1. An application for liquor license renewal from Nasson Center RedevelopmentInc., D/B/A: Nasson Community Center and Little Theatre, 457 Main Street, Springvale, Maine 04083.2. A request to renew the City Special Amusement Permit from Nasson CenterRedevelopment Inc., D/B/A: Nasson Community Center and Little Theatre,

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457 Main Street, Springvale, Maine 04083

Old Business

18-605-01 Ordered, to approve the following license request.1. An application for Mental Health & Abuse Clinic license renewal from Sweetser,863 Main Street, Sanford, Maine. (This license must have two Public Hearings. This is the Second Hearing .)

18-584-01 The City Council of the City of Sanford hereby ordain amendments to the Chapter149-13.10, Alcohol- and Drug- Free Housing, Minimum house rules. (This itemmust be read on two separate days. This is a second reading.)

18-437-01 The City Council of the City of Sanford hereby ordains amendments to Chapter114, Disorderly Houses. (This item must be read on two separate days. This is asecond reading.)

New Business

19-105-01 Ordered, to discuss the discontinuance of a portion of Hoyt Street, Springvale, MEand to file an order of discontinuance with the City Clerk.

19-111-01 Ordered, to appoint (4) four qualified, registered Sanford Voters and (3) membersof the City Council to the Budget committee per section 602.1 of the Sanford CityCharter.

Council Member Comments

Future Agenda Items

Adjournment

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Memo

Number:To: City CouncilFrom: Sherry Lord, AdministrationDate: 2019-02-05 18:00:00Subject: Ordered, to approve meeting minutes from Tuesday, January 22, 2019.

RECOMMENDATION Ordered, to approve meeting minutes from Tuesday, January 22, 2019.

ATTACHMENTS

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Jjugghtutfgfryiy6hthg \ , The Sanford City Council met at 6:00 p.m. in the Chambers of the Sanford City Hall Annex on Tuesday, January 22, 2019. Mayor: Thomas P. Cote COUNCILORS: Deputy Mayor Lucas Lanigan, Councilor Maura A. Herlihy, Councilor Joseph Hanslip, Councilor John L. Tuttle, Jr., Councilor Robert G. Stackpole and Councilor Ayn Hanselmann CITY STAFF: City Manager, Steven Buck; Executive Assistant, Sherry Lord; Airport Manager, Allison Rogers; Code Officer, Jamie Cole; Land Bank Officer, Jeannie Wood; Fire Chief, Steven Benotti; SREGC Director, James F. Nimon and Director of Public Works, Matt Hill. Mayor Cote called the meeting to order at 6:03 pm. Pledge of Allegiance The session began with the Pledge of Allegiance and a moment of silence Moment of Silence Roll Call: Mayor Cote performs the Council Roll call: Councilor Hanselmann, Councilor Stackpole, present; Councilor Tuttle, present; Councilor Hanslip, absent w/notice; Councilor Herlihy, present; and Deputy Mayor Lanigan, absent w/notice. Minutes 18-597-01 Ordered, to approve meeting minutes from Tuesday, January 8, 2019.

Councilor Tuttle moved to approve, seconded by Councilor Herlihy. The City Council voted 5-0 to approve.

Mayor’s Report/City Council Sub-Committee Reports Still not live streaming from WSSR-TV. Councilor Herlihy- reported from the marijuana task force. The Council will see something before them in early March. City Manager's Report See attached Communications/Presentations 18-595-01 Growth Council Quarterly Report: James F. Nimon gave a presentation to

the Council. Public Participation None

Sanford City Council City Council Meeting Minutes – January 22, 2019

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Public Hearings The City Council will take public comment on the following:

18-603-01 A Public Hearing to receive comments on the Renewal of the City Special

Amusement Permit and the Liquor License application with malt, spirituous, vinous privileges from The Sanford Lodge of Elks #1470. Mayor Cote declared the public hearing open at 6:37 PM. There was no one to speak for or against. The public hearing was declared closed at 6:37 PM.

18-612-01 Ordered, to approve the liquor license renewal application with malt,

spirituous and vinous privileges for Springvale Publick House located at 481 Main Street, Springvale, Maine. Mayor Cote declared the public hearing open at 6:37 PM. There was no one to speak for or against. The public hearing was declared closed at 6:38 PM.

18-598-01 A Public Hearing on the FIRST OF TWO PUBLIC HEARINGS to

receive comments on the Renewal Mental Health & Abuse Clinic license application from Sweetser. Mayor Cote declared the public hearing open at 6:38 PM. There was no one to speak for or against. The public hearing was declared closed at 6:38 PM.

18-589-01 A Public Hearing to receive comments on the new license application from

Brett Castner to operate CQFK Unlimited, LLC, a medical marijuana production facility at 72 Emery Street Unit #307, Sanford, Maine 04073. Mayor Cote declared the public hearing open at 6:38 PM. Code Enforcement Officer Jamie Cole stated that he and the Fire Marshal did an inspection and they are in compliance. There was no one else to speak for or against. The public hearing was declared closed at 6:39 PM.

18-582-01 A public hearing on an Ordinance amending Chapter 114, Disorderly

Houses. Mayor Cote declared the public hearing open at 6:40 PM. Director of Community Development, Ian Houseal presented the amendments to the Council. There was no one else to speak for or against. The public hearing was declared closed at 6:54 PM.

18-585-01 A public hearing on an Ordinance amending City Code § 149-13.10,

Alcohol- and Drug- Free Housing, Minimum house rules. Mayor Cote declared the public hearing open at 6:54 PM. Director of Community Development, Ian Houseal presented the amendments to the Council. There was no one to speak for or against. The public hearing was declared closed at 6:56PM.

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18-615-01 A hearing to determine whether the structure at 15 Grove Avenue, Sanford,

Maine owned by John and Marian Lippincott identified as Lot 57, on Tax Map J32, and further described in a Deed recorded in the York County Registry of Deeds at Book 2989, Page 301, is a dangerous building or nuisance within the meaning of 17 M.R.S.A. §§ 2851-2859, and if so, what is the appropriate remedy. Notice of this hearing was duly served on the owner and mortgage holder and advertised in the newspaper for three successive weeks on January 4, 2019, January 11, 2019, and January 18, 2019as required by Law when the owner cannot be ascertained with reasonable diligence. Mayor Cote declared the public hearing open at 7:51 PM. Director of Community Development, Ian Houseal explained the property. Code Enforcement officer, Jeannie Wood explained the violations she noted at the time of inspection. Andrea Druart, granddaughter of the owners explained that there is a short sale currently on the property. There was no one else to speak for or against. The public hearing was declared closed at 8:09PM.

18-614-01 A hearing to determine whether the structure at 22 North Avenue, Sanford,

Maine owned by Rachel Grondin identified as Lot 120, on Tax Map I28, and further described in a Deed recorded in the York County Registry of Deeds at Book 7868, Page 331, is a dangerous building or nuisance within the meaning of 17 M.R.S.A. §§ 2851-2859, and if so, what is the appropriate remedy. Notice of this hearing was duly served on the mortgage holder and advertised in the newspaper for three successive weeks on January 4, 2019, January 11, 2019, and January 18, 2019as required by Law when the owner cannot be ascertained with reasonable diligence. Mayor Cote declared the public hearing open at 8:13 PM. Community Development Director, Ian Houseal gave a brief overview of the property. Code Enforcement Officer, Jamie Cole explained his findings when he inspected the property on December 5th. Mr. Cole did put a placard on the property for lack of heat, water and unsanitary conditions. There was no one else to speak for or against. The public hearing was declared closed at 8:22 PM.

Consent Agenda Mayor Cote sought comment from the City Council, there was no comment. The consent agenda was approved.

18-604-01 Ordered, to approve the following license requests. 1. An application for liquor license renewal from The Sanford Lodge of Elks #1470, 13 Elm Street, Sanford, Maine. 2. An application for renewal of Special Amusement Permit from the Sanford Lodge of Elks #1470, 13 Elm Street, Sanford, Maine.

Old Business

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18-586-01 Ordered, to approve the following license requests.

1. An application for liquor license renewal from Springvale Publick House, 481 Main Street, Springvale, Maine. Councilor Tuttle moved to approve, seconded by Councilor Stackpole. The City Council voted 5-0 to approve.

New Business 18-590-01 Ordered, to appoint Aaron Lederer as a City of Sanford Code

Enforcement Officer and Constable for a period expiring June 30, 2019. Councilor Tuttle moved to approve, seconded by Councilor Stackpole. Community Development Director, Ian Houseal introduced Aaron to the Council. The City Council voted 5-0 to approve.

18-607-01 Ordered, to approve the Boards and Committees Code of Conduct.

Councilor Tuttle moved to approve, seconded by Councilor Herlihy. The City Council voted 5-0 to approve.

18-593-01 Ordered, to approve the new license application for CQFK Unlimited,

LLC to operate a medical marijuana production facility at 72 Emery Street, Unit #307, Sanford, ME 04073. Councilor Stackpole moved to approve, seconded by Councilor Herlihy. Councilor Tuttle asked how many medical marijuana facilities are in the building currently. Code officer Jamie Cole explained there are currently 12. The City Council voted 5-0 to approve.

18-532-01 Ordered, to accept Integrity Drive as a City-owned and maintained

street. Councilor Tuttle moved to approve, seconded by Councilor Herlihy. Public Works Director, Matt Hill explained. The City Council voted 5-0 to approve.

18-613-01 Ordered, to accept the bid for the removal of identified asbestos

containing material – 3 Beaver Hill Road from Servpro of Biddeford-Saco in the firm fixed price in the amount of $9,926.20. Councilor Tuttle moved to approve, seconded by Councilor Herlihy. Director of Community Development, Ian Houseal explained the bid. The City Council voted 5-0 to accept.

18-537-01 Ordered, to authorize the expenditure of $58,000 to purchase and set-

up code enforcement, permitting, and licensing software from current fiscal year expenditure budgets for the Code Enforcement and Land

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Bank Department’s wage account contingent on the availability of actual and projected General Funds. Councilor Herlihy moved to approve, seconded by Councilor Stackpole. Director of Community Development, Ian Houseal gave a brief presentation to the Council. The City Council voted 5-0 to approve.

18-596-01 Ordered, to approve adjustment of ambulance rates. Councilor Tuttle

moved to approve, seconded by Councilor Stackpole. Fire Chief Benotti explained the adjustments. The City Council voted 5-0 to approve.

18-620-01 Ordered, to approve and authorize the City Manager to sign the Land

Lease and Operating Rights Agreement at the Sanford Seacoast Regional Airport between the City of Sanford and Sanford LFB, LLC. Councilor Tuttle moved to approve, seconded by Councilor Stackpole. Airport Manager, Allison Rogers explained the lease. The City Council voted 5-0 to approve.

18-606-01 Ordered, to authorize the expenditure of up to $100,000 from the TIF

Economic Development Account to support the Growth Council Marketing Plan. Councilor Tuttle moved to approve, seconded by Councilor Stackpole. Councilor Herlihy voiced her concerns about current marketing strategies. She would like to see updated marketing techniques. The City Council voted 5-0 to approve.

18-605-01 Ordered, to approve the following license request.

1. An application for Mental Health & Abuse Clinic License renewal from Sweetser, 863 Main Street, Sanford, ME. (This license must have two public hearings. This is the First reading, Second reading is scheduled for February 5, 2019.) No action

18-584-01 The City Council of the City of Sanford hereby ordains amendments to

Chapter 149-13.10, Alcohol and Drug Free Housing, Minimum house rules. (This item must be read on two separate days. This is the first reading.) No action

18-437-01 The City Council of the City of Sanford hereby ordains amendments to

Chapter 114, Disorderly Houses. (This item must be read on two separate days. This is the first reading.) No action

18-616-01 Findings and Order, pursuant to 17 M.R.S.A. §§ 2851-2859 -

Dangerous Building - 22 North Avenue; Pursuant to 17 M.R.S.A § 8

2851, 2-A: “To adjudge a building to be a nuisance or dangerous, the municipal officers must find that the building is structurally unsafe, unstable or unsanitary; constitutes a fire hazard; is unsuitable or improper for the use or occupancy to which it is put; constitutes a hazard to health or safety because of inadequate maintenance, dilapidation, obsolescence or abandonment; or is otherwise dangerous to life or property.” Councilor Herlihy read the following findings (see attached), seconded by Councilor Tuttle. The City Council voted 5-0 to determine that 22 North Ave is in fact dangerous.

18-617-01 Findings and Order, pursuant to 17 M.R.S.A. §§ 2851-2859 -

Dangerous Building - 15 Grove Avenue; Pursuant to 17 M.R.S.A § 2851, 2-A: “To adjudge a building to be a nuisance or dangerous, the municipal officers must find that the building is structurally unsafe, unstable or unsanitary; constitutes a fire hazard; is unsuitable or improper for the use or occupancy to which it is put; constitutes a hazard to health or safety because of inadequate maintenance, dilapidation, obsolescence or abandonment; or is otherwise dangerous to life or property.” Councilor Herlihy read the following findings (see attached), seconded by Councilor Tuttle. The City Council voted 5-0 to determine that 15 Grove Avenue is in fact dangerous.

Council Member Comments Councilor Hanselmann: Thanked everyone for helping her out in her first few weeks. Councilor Stackpole: He noticed that Eustis Cable was installing fiber throughout town. Councilor Tuttle: Thanked Sherry Lord for her 18 years of service. Wished his grandson a happy birthday. He also congratulated the New England Patriots. Councilor Hanslip: absent Councilor Herlihy: none Deputy Mayor Lanigan: absent Mayor Cote: none Future Agenda Items

- Manager’s review

Adjournment Mayor Cote moved to adjourn regular meeting at 8:35 pm Respectfully submitted by Sherry Lord, Executive Assistant

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To: City Council Subject: Manager’s Report for January 22, 2019 Date: January 22, 2019 Hiring Status of Municipal Jobs: As of 1/18/19 the status of filling the various positions currently or recently open within the City are as follows; Police Department –Positions: 2 Patrol and up to 3 Retirements - 12 Candidates currently being scheduled for interviews having completed backgrounds and testing as required. Dispatch – Positions: 2 – three Interviews scheduled for January 30, 2019 Code Enforcement – Positions: 1 vacant and 1 filled – Aaron Lederer started on 1/14/18 – further Interviews on 2/13/19 HR Director – Position: 1 – Interviews are ongoing until a best candidate is identified – No offer/s at this time – Additional part-time staff has been brought in to assist a former experienced employee to carry the Department in the interim. Assistant Planner – Position: 1 – An offer has been extended to and accepted by Joseph Scala who will start for the City on February 11, 2019 City Clerk’s Office – 1 fulltime Assistant Clerk was hired, Dee Ann Lick started on December 17, 2018 and an Offer has been extended to a candidate for a half-time (20 hours per week) Assistant City Clerk position. Public Works – 2 Equipment Operator 1 positions – interviews 1/30/19 Mechanic Helper/EO1 – offer extended to and accepted – starts 1/31/19 EO4 Foreman Position – Posted Mechanic II Position – Re-Posted after Offer turned down General Assistant – Position: 1 part-time 20-hour/week position – Offer extended and accepted started 1/7/19

From the Desk of Steven R. Buck City Manager

Memo

City of Sanford

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Executive Assistant to City Manager – Position 1 – Job Description and benefits package updated and posted on 1/22/19 – Posted until filled with interviews to start upon receipt of qualified applicants Firecracker Baseball: Sanford Parks and Recreation is excited to announce a partnership with the 2nd Annual All-American Lighthouse Classic presented by Firecracker Baseball. This event has grown from 36 teams in 2018 to over 50 teams in 2019 with programs playing on historic Goodall Park and Blouin field. The tournament attracts teams from all over the globe including players from Australia, Canada, Ohio and all New England states. The teams are categorized into 4 age groups; 13U, 14U/15U, 16U/17U and 18U/19U and many college/professional scouts will also be in attendance. 2019 will be a trial run here in Sanford with the hopes of being an official “hub location” for this tournament in 2020 with more fields and teams staying in our community. Firecracker baseball brings a wealth of knowledge and experience in putting on successful tournaments and showcases. Besides baseball tournament action, Firecracker Baseball prides themselves on providing social events, showcase baseball, college recruiting and great value in travel destinations. These tournaments bring many tourists to the area, eating at our restaurants, staying in our hotel rooms and visiting our local businesses such as the Sanford Mainers where there will be a social night at one of their games. We’re excited to be a part of this tournament and hope to work with them for many years to come. Portsmouth Naval Shipyard Joint Land Use Study (JLUS): The City of Sanford is engaged in the JLUS directed by Tom Reinauer of the Southern Maine Planning and Development Commission (SMPDC) with engineering consultant Stantec to study and develop transportation solutions for the workforce at the Shipyard. The PNSY has recently added 1,500 jobs to its workforce of over 8,000 as the Region struggles to accommodate the transportation corridors and parking associated with this growing workforce. Sanford currently contributes the largest Maine-based portion of the workforce that as of 2017 accounted for over 460 employees and a payroll of over $34,500,000. Transit options and solutions are being sought to assist with the ongoing regional transportation and parking issues. The City Administrative Team is contributing to the date collection, regional assessment, and decision matrix moving forward. We seek parking and transportation solutions in Sanford and to the Shipyard as the outcome. We will continue to report out findings and recommendations to the City Council as the JLUS progresses. Traffic Light at Old Mill, Alumni Drive and Main Street: The GC for the Project, Electric Light, has received the mast arms for the traffic lights, finally, after a nine-month order period. The break tests for the concrete bases are being performed and if passing, installation will start the week of 1/21/19 as weather permits. Once the new installation is complete, the current lights at the Mardens Plaza will be removed.

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SanfordNet Fiber and Post Road: SanfordNet Fiber is currently under construction with the Sections 1A and 2A from Wells to Sanford already having the support hangars and strand wires installed. The four month time frame to complete construction and light up remains a solid date. As the Network Operator Agreement and Dark Fiber Lease Agreements were developed nearly two years ago, the assumptions that were used in the Business Modeling are now being updated with current market analysis. Furthermore, the Business Model has also been significantly upgraded as part of the ongoing Post Road Study. The Post Road Study seeks to combine the utilization of the SanfordNet Fiber Network with water, sewer, and electric utilities integrating and creating a smart grid utility system. The high level of utilization of the Fiber Network seeks to provide sufficient residual revenues to build from our current fiber to the business (FTB) to a fiber to the premise (FTP) network serving all residences and businesses in Sanford. The Business Model and tooling being developed as part of the Post Road Study will be invaluable as the planning and management tools for the future expansion of SanfordNet Fiber. Administration is working on tiered service levels for the Community Anchor Institutions, for the Dark Fiber Lease Rates based upon time of commitment and quantities leased, as well as promotional initial rates to increase take rates. We are still another 2 – 3 weeks out from being able to report publically on the Post Road Study to the City Council. Solar Development: Airport Solar LLC, the Airport solar array for 50 megawatts, has finally received its NRPA Permits completing all environmental permitting required for the Project. Construction will start in March of this year. A meeting this week will go over the details of the pending construction and a better understanding of the time to complete construction and start generation and distribution. The Tax Increment Financing Program as well as the Maintenance Contracts are the next elements for the City to complete with the Project. Administration is also meeting with two new solar developers this week for their proposals to develop a minimum of an additional 13 megawatts of solar generation between the closed Ruston Street Landfill and the former CGA Brownfield Site. Confirmation has been given by Central Maine Power that the interconnect at the Landfill can support a 10 megawatt project and the interconnect for the CGA site off new Dam Road can support at least a 3 megawatt project. The City seeks a creative power purchase and distribution model on these development that will be considered as part of the smart utilities model researched under the Post Road initiative.

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Memo

Number:To: City CouncilFrom: Cathy Sevigny, City Clerk & Voter RegistrarDate: 2019-02-05 18:00:00

Subject:

A Public Hearing to receive comments on the renewal of the City SpecialAmusement Permit and the application for liquor license renewal with malt,spirituous, vinous privilegesfrom Nasson Center Redevelopment, Inc., D/B/A: Nasson Community Centerand Little Theatre.

RECOMMENDATION Open a Public Hearing to receive comments in favor or against the renewal of theCity Special Amusement Permit and the liquor license renewal application fromNasson Redevelopment Inc., D/B/A: Nasson Community Center and Little Theatre fora license with malt, spirituous, vinous privileges located at 457 Main Street,Springvale, Maine.

Background Information:Nasson Center Redevelopment, Inc., submitted the required application with fees toobtain the requested license. A successful onsite inspection of the facility wasconducted on January 30, 2018. The Inspection team is in the process of schedulingtheir next inspection soon.

ATTACHMENTS

PH FEB 5 NASSON.pdf

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/299711/PH_FEB_5_NASSON.pdf

Memo

Number:To: City CouncilFrom: Sherry Lord, AdministrationDate: 2019-02-05 18:00:00

Subject: A public hearing to recieve comment on the discontinuance of a portion of HoytStreet, Springvale, ME.

RECOMMENDATION A public hearing to recieve comment on the discontinuance of a portion of HoytStreet, Springvale, ME.

Legal Review Status:Complete

ATTACHMENTS

2-5-19 PH - Hoyt Street Discontinuance.pdf

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/302338/2-5-19_PH_-_Hoyt_Street_Discontinuance.pdf

Public Hearing Notice

PUBLIC HEARING

City Council

City Council Chambers ~ City Hall Annex

Tuesday, February 5, 2019

6:00 PM

Please be advised that the Sanford City Council will hold a public hearing on

February 5, 2019, for the purpose of deciding whether or not to discontinue, pursuant

to the provisions of 23 M.R.S.A. § 3026-A, a portion of the public way known as

Hoyt Street, more fully described below and shown in the proposed Order of

Discontinuance attached as Addendum A, and to determine what damages, if any

should be paid to property owners abutting such way if it is discontinued.

Beginning at a point, said point being located on the northerly sideline of Hoyt Street

and located at a distance of 8.1 feet and running along a bearing of S 89° 54’ E from

an iron rod set in the ground, said iron rod being shown on Exhibit A as Point A,

thence along the northerly sideline of said Hoyt Street, running along a bearing of S

89° 54’ E at a distance of 260.1 feet, more or less, to a point, thence running along a

bearing of S 0° 06’ W at a distance of 40.0 feet to a point, thence running along a

bearing of N 89° 54’ W for a distance of 143.0 feet, more or less, to a point located

on the northerly sideline of Sanford High School Boulevard, thence along a curve to

the left, said curve having a radius of 191.28 feet, and an arc length of 126.0 feet, said

curve also being the northerly sideline of Sanford High School Boulevard, to a point,

said point being the Point of Beginning.

The hearing will be held in the City Council Chambers at 6:00 P.M. on the date

above-referenced. TDD/TTY users may call local TTY number or 711. If you are

physically unable to access any of the City’s programs or services, please call Sherry

Lord at (207) 324-9173 so that accommodations can be made.

Date Posted: January 18, 2019

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Memo


Subject:

Ordered, to approve the following license request.1. An application for liquor license renewal from Nasson Center RedevelopmentInc., D/B/A: Nasson Community Center and Little Theatre, 457 Main Street, Springvale, Maine 04083.2. A request to renew the City Special Amusement Permit from Nasson CenterRedevelopment Inc., D/B/A: Nasson Community Center and Little Theatre, 457 Main Street, Springvale, Maine 04083

RECOMMENDATION Ordered to approve the following license request: 1. An application for liquor licenserenewal from Nasson Center Redevelopment Inc., D/B/A: Nasson Community Centerand Little Theatre, 457 Main Street, Springvale, Maine 04083. 2. A request to renewthe City Special Amusement Permit from Nasson Center Redevelopment Inc., D/B/A:Nasson Community Center and Little Theatre, 457 Main Street, Springvale, Maine04083

Background Information:Public Hearings for liquor license requests were properly advertised and held at thissame meeting. Inspection date was referenced in the Public Hearing items. (Note: Asuccessful onsite Inspection was conducted by the Inspection Team on January 30,2018. The Inspection Team is in the process of scheduling the current inspection thatis due.

ATTACHMENTS

SPEC AMUSE FEB 5 NASSON.pdfLIQ FEB 5 NASSON.pdf

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/299733/SPEC_AMUSE_FEB_5_NASSON.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/299734/LIQ_FEB_5_NASSON.pdf

Memo


Subject:

Ordered, to approve the following license request.1. An application for Mental Health & Abuse Clinic license renewal fromSweetser, 863 Main Street, Sanford, Maine. (This license must have two Public Hearings. This is the Second Hearing .)

RECOMMENDATION Ordered, to approve the following license request: 1. An application for Mental Health& Abuse Clinic license renewal from Sweetser, 863 Main Street, Sanford, Maine.(This license must have two Public Hearings. This is the Second Hearing.)

Background Information:Public Hearings for Mental Health & Abuse Clinic license requests were properlyadvertised and held at this same meeting. The Inspection Team has given theirapproval for the requested licenses to be issued. (Inspection date was referenced inthe Public Hearing item.

ATTACHMENTS

MH JAN22 SWEETSER.pdf

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/299779/MH_JAN22_SWEETSER.pdf

Memo

Number:To: City CouncilFrom: Ian Houseal, Community DevelopmentDate: 2019-02-05 18:00:00

Subject:The City Council of the City of Sanford hereby ordain amendments to theChapter 149-13.10, Alcohol- and Drug- Free Housing, Minimum house rules.(This item must be read on two separate days. This is a second reading.)

RECOMMENDATION The City Council of the City of Sanford hereby ordain amendments to the Chapter §149-13.10, Alcohol- and Drug- Free Housing, Minimum house rules. (This item mustbe read on two separate days. This is a second reading.)

Background Information:The purpose of this amendment is to clarify that the minimum house rulesrequirement E. is "sign-in and out of residency of the house."

Legal Review Status:N/A

Sub-Committee or Board Recommendation:

Financial Impact or Review:

ATTACHMENTS

Chapter 149 - Article XIII - Alcohol- and Drug- Fee Housing 01-22-19.pdf

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/298202/Chapter_149_-_Article_XIII_-_Alcohol-_and_Drug-_Fee_Housing_01-22-19.pdf

CHAPTER 149. LICENSING ARTICLE XIII. ALCOHOL- AND DRUG- FREE HOUSING § 149-13.10. Minimum house rules. An applicant shall provide as documentation with his or hertheir license application, either unless providing documentation of certification by the Maine Association of Recovery Residences, or a set of house rules or documentation of policies and procedures that state, at a minimum:

A. Absolutely no alcohol or nonprofessionally administered drug use on or off the premises;

B. Eviction for failing to submit a urine sample when asked by house staff and for committing or threatening violence;

C. No visitors allowed without manager's consent and no guests allowed overnight;

D. No borrowing money from staff or other residents;

E. Signing-in and out of residency of the when leaving and returning to house;

F. Adherence to house curfew;

G. Providing residents access to staff 24 hours a day, seven days a week;

H. Prohibition against anyone with an outstanding criminal warrant to live there;

I. Providing furnished living space to all residents;

J. Prohibiting smoking anywhere in the house;

K. Emergency procedures.

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Memo

Number:To: City CouncilFrom: Ian Houseal, Community DevelopmentDate: 2019-02-05 18:00:00

Subject:The City Council of the City of Sanford hereby ordains amendments to Chapter114, Disorderly Houses. (This item must be read on two separate days. This is asecond reading.)

RECOMMENDATION The City Council of the City of Sanford hereby ordains amendments to Chapter 114,Disorderly Houses. (This item must be read on two separate days. This is a secondreading.)

Legal Review Status:N/A

Sub-Committee or Board Recommendation:This ordinance has been reviewed by the Public Safety Committee over fourmeetings.

Financial Impact or Review:The Public Safety Committee and the Police Department review identified that thedispatch system needs adjustment to adequately track and notify on therequirements. Adjusting the computer system does not seem to be feasible. ThePolice Chief is working to address more effective use of this Ordinance throughpatrols.

ATTACHMENTS

Chapter 114 - Disorderly Houses 01-29-19.pdfChapter 114 - Disorderly Houses clean-copy 01-29-19.pdf

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/301957/Chapter_114_-_Disorderly_Houses_01-29-19.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/attachment/301959/Chapter_114_-_Disorderly_Houses_clean-copy_01-29-19.pdf

Chapter 114. Disorderly Housing Houses § 114-1. Purpose. The TownCity Council has determined that it is in the public interest to address the problems surrounding real properties whose owners, occupants, or visitors disturb the peace and tranquility of the community, and the ability of residents of reasonable sensibilities to peacefully enjoy their own premises in a manner that is free from loud, offensive, riotous, or otherwise disruptive behavior or nuisance. The TownCity Council has determined that, in its judgment, failure to address this problem through reasonable regulation and enforcement will be detrimental to the public health, safety, and welfare. Therefore, in the exercise of its Home Rule Authority under the laws of Maine, the TownCity Council hereby enacts this zoning ordinance as a determination of local needs and preferences, and out of concern for the health, safety, and welfare of the TownCity of Sanford. § 114-2. ScopeDisorderly houses prohibited. A. This chapter shall apply to the owner(s) and occupants of all residential rental properties in the

TownCity of Sanford. No person shall occupy as owner-occupant or shall allow another to occupy a dwelling, dwelling unit, rooming house, or rooming unit (hereinafter jointly and severally “building”) which is a disorderly house as defined herein.

B. A “disorderly house” is any building which: § 114-3. Definitions. As used in this chapter, the following terms shall have the meanings indicated: DISORDERLY CONDUCT A. Shall include:

(1) Any criminal activity that threatens the health, safety, or welfare, or the right to peaceful enjoyment of their premises by Sanford residents;

(2) Any drug-related criminal activity;

(3) At least three violations of the TownCity of Sanford Noise Control Ordinance within any

thirty-day period; or

(4) Any other action, incident or behavior perpetrated, caused, or permitted by any owner, occupant or visitor of a rental residential property located in the TownCity of Sanford, Maine, that is so loud, untimely (as to hour of the day), offensive, riotous, or tending to otherwise disturb other persons of reasonable sensibility in their peaceful enjoyment of their premises such that a report is made to law enforcement officials and/or to the TownCity of Sanford Code Enforcement Officer complaining of such conduct, action, incident, or behavior.

B. It is not necessary that any such conduct, action, incident or behavior falling within the scope of Subsection A(1) through (4) above constitute a criminal offense, nor that criminal charges be filed against any person or legal entity in order for disorderly conduct to be found.

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DISORDERLY HOUSE Any residential rental property where disorderly conduct occurs; or any residential rental property which:

(1) The police have visited a minimum number of times in any thirty-day (30) day period, as set forth in Subsection Cparagraph (3) below, in response to situations which are created by the owner, tenants, or owner's or tenants' cohabitees, guests or invitees and which would have a tendency to unreasonably disturb the community, the neighborhood or an ordinary individual in the vicinity of said building, including, but not limited to:, loud music; boisterous parties; sounds emanating from within the structure which are audible outside the building; loud noise or fights within the building or in its vicinity involving tenants of the building or their invitees (excluding incidents involving domestic violence); tenants or invitees of tenants being intoxicated on public ways in the vicinity of the building; other similar activities in the building or outside the building itself; or

(2) The police have visited three (3) or more times in any thirty-day (30) day period in response to situations which are created by the owner, tenants, or owner's or tenants' cohabitees, guests or invitees and involve the arrest of the owners or tenants or their invitees for activities which constitute either a crime or civil infraction under either state or local law, or create a reasonable suspicion that illegal drug use or sales under 17-A M.R.S.A., Chapter 45, or prostitution or public indecency under 17-A M.R.S.A., Chapter 35, has occurred.

(3) The following table delineates the number of police visits per dwelling size which create a disorderly house under Subsection Aparagraph (1) above:

Units per Building Number of Visits by Police in Any 30-Day Period 5 or fewer 3 6 to 10 4 11 or more 5

(4) The situations to which the visit pertains reason for the police visit shall be documented by the Police Department. Such documentation may include sworn affidavits by named citizens which may be sufficient to create a reasonable suspicion said illegal activity has occurred.

§ 114-4. Notice of hot spot designation. Whenever a building has been visited by the police two (2) or more times in a thirty (30) day period in response to situations as described in a disturbance § 114-2 two or more times in a thirty-day period as cited in the definition of "disorderly house," § 114-3, the Police Department or any other agent designated by the TownCity Manager shall notify the owner of the said visits, at the address listed on the TownCity's tax rolls. The City is under no obligation to provide a notice of hot spot designation prior to notice of disorderly house designation. § 114-5. Notice of disorderly house designation. A. Disorderly houses. Whenever a building has been identified as a disorderly house by the

TownCity, the TownCity shall send written notification of the events which form the basis for that designation to the owner at the address listed on the TownCity's tax rolls. Such notice shall

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be sufficient for all legal purposes. The notice shall require the owner to meet with representatives of the TownCity (including the Police Department) within five business days from the date of the written notification, or such other time as is agreed upon by the Police Chief or his or her designee, to identify ways in which the problems which have been identified will be eliminated.

B. At the time of said meeting, the owner shall be obligated to provide to the TownCity the

following documentation:

(1) A copy of the names of all tenants or other persons authorized to reside or presently residing in the building and the units they occupy.

(2) Copies of all leases with tenants residing in the building.

(3) Contracts with any property manager or other person responsible for the orderly operation

of the building.

(4) Accurate and up-to-date disclosure of documentation of building ownership.

C. During the owner's meeting with the TownCity, the owner shall agree to take effective measures to address the disorderly house, which measures shall be memorialized in a written agreement at the conclusion of the meeting with the TownCity and shall be implemented within one week of said meeting unless another date is agreed upon by the TownCity or its representatives. Failure to enter into such an agreement at the conclusion of the meeting will be deemed a violation of this chapter, and the TownCity may file a complaint in the district court seeking all compensatory and equitable relief permitted by law and may suspend or revoke rental housing licenses held by the owner as set forth in §149-5.

D. Designation as a disorderly house will continue until such time measures taken have been

deemed completed by the Police Chief.

E. If the same building should be designated as a disorderly house on a subsequent occasion within the three (3) years, then the City is under no obligation to meet with the owner, but may condemn and post the building or any units therein, and/or proceed directly with a complaint to the district court seeking all compensatory and equitable relief permitted by law.

§ 114-6. Enforcement. A. Authority to enforce. If the owner refuses to agree to take effective measures to addressabate

the disorderly house; takes ineffective measures to address the disorderly house as determined by the TownCity; or fails to implement the agreement reached with the TownCity to addressabate the disorderly house; or if, in the discretion of the city, the disorderly house requires immediate posting, the City may condemn and post the building against occupancy, and/or , the Town may file a legal action against the owner n enforcement action in any court of competent jurisdiction, seeking any and all damages and remedies to which it is entitled pursuant to state and local laws. Nothing in this chapter shall be deemed a limitation of any other enforcement action or remedy which may be available to the Town.

B. Notice of suit. If the City pursues legal action against an owner or landlord for a disorderly house

violation, notice shall be provided to the tenants by the City. Notice shall be made within a reasonable time following the service of the complaint upon the property owner. If a tenant list

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has been previously provided by a landlord, notice shall be made by regular mail to all known tenants in the building. If no tenant list has been provided, notice shall be made by regular mail to all occupants in each unit of the building.

B.C. Condemnation. In the event that condemnation is required to address one or more disorderly

house violations, the City shall provide notice to tenants of the building. Notice shall be made within a reasonable time following the City’s election to condemn the building. Notice shall be made by regular mail to all known tenants or to all occupants in each unit in the building; and by posting a copy of said notice at the premises.

§ 114-7. Cost of service for responses to disorderly houses. A. Whenever the Police Department is required to respond to situations at a complaints of

disorderly conduct at any disorderly house in excess of the number of times described in § 114-2, which constitutes the third or greater response in any thirty-day one-year period, the owner of the disorderly house shall pay the cost of service for each such response as follows:

(1) For each such response for service, the owner shall pay $100, which shall be in addition to

any penalty to which the owner may be subject. B. Failure to pay the cost of service within 30 days after demand therefor shall subject the owner to

the penalties provided by state and local laws.

C. Charges which become payable hereunder shall be treated as liens on the property in question and shall be enforced in accordance with the provisions of state and local laws.

§ 114-8. Violations and penalties. Any person violating any of the provisions of this chapter or failing or neglecting or refusing to obey any order or notice of the Police Department issued hereunder shall be subject to penalties as provided by state and local laws. In addition, violation of the provisions of this chapter is a civil penalty pursuant to 30-A M.R.S.A. § 4452, enforced by the Police Department or Code Enforcement Officer. In any such proceeding, the City may order that the activity in violation of the code abate, pay a penalty between $100 and $2,500 per violation, per day, and pay the court costs, attorneys and expert witness fees incurred by the City. § 114-9. Severability. If any clause, sentence, paragraph, section, article, chapter or part of this chapter now or through supplementation shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, article, chapter or part thereof directly involved in the controversy in which such judgment shall have been rendered. § 114-10. When effective. This chapter shall be in full force and effect from the date of its enactment.

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Chapter 114. Disorderly Houses § 114-1. Purpose. The City Council has determined that it is in the public interest to address the problems surrounding real properties whose owners, occupants, or visitors disturb the peace and tranquility of the community, and the ability of residents of reasonable sensibilities to peacefully enjoy their own premises in a manner that is free from loud, offensive, riotous, or otherwise disruptive behavior or nuisance. The City Council has determined that, in its judgment, failure to address this problem through reasonable regulation and enforcement will be detrimental to the public health, safety, and welfare. Therefore, in the exercise of its Home Rule Authority under the laws of Maine, the City Council hereby enacts this ordinance as a determination of local needs and preferences, and out of concern for the health, safety, and welfare of the City of Sanford. § 114-2. Disorderly houses prohibited. A. No person shall occupy as owner-occupant or shall allow another to occupy a dwelling, dwelling

unit, rooming house, or rooming unit (hereinafter jointly and severally “building”) which is a disorderly house as defined herein.

B. A “disorderly house” is any building which:

(1) The police have visited a minimum number of times in any thirty (30) day period, as set forth in paragraph (3) below, in response to situations which are created by the owner, tenants, or owner's or tenants' cohabitees, guests or invitees and which would have a tendency to unreasonably disturb the community, the neighborhood or an ordinary individual in the vicinity of said building, including, but not limited to: loud music; boisterous parties; sounds emanating from within the structure which are audible outside the building; loud noise or fights within the building or in its vicinity involving tenants of the building or their invitees (excluding incidents involving domestic violence); tenants or invitees of tenants being intoxicated on public ways in the vicinity of the building; other similar activities in the building or outside the building itself; or

(2) The police have visited three (3) or more times in any thirty (30) day period in response to situations which are created by the owner, tenants, or owner's or tenants' cohabitees, guests or invitees and involve the arrest of the owners or tenants or their invitees for activities which constitute either a crime or civil infraction under either state or local law, or create a reasonable suspicion that illegal drug use or sales under 17-A M.R.S.A., Chapter 45, or prostitution or public indecency under 17-A M.R.S.A., Chapter 35, has occurred.

(3) The following table delineates the number of police visits per dwelling size which create a disorderly house under paragraph (1) above:

Units per Building Number of Visits by Police in Any 30-Day Period 5 or fewer 3 6 to 10 4 11 or more 5

(4) The situations to which the visit pertains shall be documented by the Police Department.

Such documentation may include sworn affidavits by named citizens which may be sufficient to create a reasonable suspicion said illegal activity has occurred.

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§ 114-4. Notice of hot spot designation. Whenever a building has been visited by the police two (2) or more times in a thirty (30) day period in response to situations as described in § 114-2 , the Police Department or any other agent designated by the City Manager shall notify the owner of the said visits, at the address listed on the City's tax rolls. The City is under no obligation to provide a notice of hot spot designation prior to notice of disorderly house designation. § 114-5. Notice of disorderly house designation. A. Whenever a building has been identified as a disorderly house by the City, the City shall send

written notification of the events which form the basis for that designation to the owner at the address listed on the City's tax rolls. Such notice shall be sufficient for all legal purposes. The notice shall require the owner to meet with representatives of the City (including the Police Department) within five business days from the date of the written notification, or such other time as is agreed upon by the Police Chief or his or her designee, to identify ways in which the problems which have been identified will be eliminated.

B. At the time of said meeting, the owner shall be obligated to provide to the City the following

documentation:

(1) A copy of the names of all tenants or other persons authorized to reside or presently residing in the building and the units they occupy.

(2) Copies of all leases with tenants residing in the building.

(3) Contracts with any property manager or other person responsible for the orderly operation

of the building.

(4) Accurate and up-to-date disclosure of documentation of building ownership.

C. During the owner's meeting with the City, the owner shall agree to take effective measures to address the disorderly house, which measures shall be memorialized in a written agreement at the conclusion of the meeting with the City and shall be implemented within one week of said meeting unless another date is agreed upon by the City or its representatives. Failure to enter into such an agreement at the conclusion of the meeting will be deemed a violation of this chapter, and the City may file a complaint in the district court seeking all compensatory and equitable relief permitted by law and may suspend or revoke rental housing licenses held by the owner as set forth in §149-5.

D. Designation as a disorderly house will continue until such time measures taken have been

deemed completed by the Police Chief.

E. If the same building should be designated as a disorderly house on a subsequent occasion within the three (3) years, then the City is under no obligation to meet with the owner, but may condemn and post the building or any units therein, and/or proceed directly with a complaint to the district court seeking all compensatory and equitable relief permitted by law.

§ 114-6. Enforcement. A. Authority to enforce. If the owner refuses to agree to take effective measures to address the

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disorderly house; takes ineffective measures to address the disorderly house as determined by the City; fails to implement the agreement reached with the City to address the disorderly house; or if, in the discretion of the city, the disorderly house requires immediate posting, the City may condemn and post the building against occupancy, and/or may file a legal action against the owner seeking any and all damages and remedies to which it is entitled pursuant to state and local laws.

B. Notice of suit. If the City pursues legal action against an owner or landlord for a disorderly house

violation, notice shall be provided to the tenants by the City. Notice shall be made within a reasonable time following the service of the complaint upon the property owner. If a tenant list has been previously provided by a landlord, notice shall be made by regular mail to all known tenants in the building. If no tenant list has been provided, notice shall be made by regular mail to all occupants in each unit of the building.

C. Condemnation. In the event that condemnation is required to address one or more disorderly

house violations, the City shall provide notice to tenants of the building. Notice shall be made within a reasonable time following the City’s election to condemn the building. Notice shall be made by regular mail to all known tenants or to all occupants in each unit in the building; and by posting a copy of said notice at the premises.

§ 114-7. Cost of service for responses to disorderly houses. A. Whenever the Police Department is required to respond to situations at a disorderly house in

excess of the number of times described in § 114-2, in any one-year period, the owner of the disorderly house shall pay the cost of service for each such response as follows:

(1) For each such response for service, the owner shall pay $100, which shall be in addition to

any penalty to which the owner may be subject. B. Failure to pay the cost of service within 30 days after demand therefor shall subject the owner to

the penalties provided by state and local laws.

C. Charges which become payable hereunder shall be treated as liens on the property in question and shall be enforced in accordance with the provisions of state and local laws.

§ 114-8. Violations and penalties. Any person violating any of the provisions of this chapter or failing or neglecting or refusing to obey any order or notice of the Police Department issued hereunder shall be subject to penalties as provided by state and local laws. In addition, violation of the provisions of this chapter is a civil penalty pursuant to 30-A M.R.S.A. § 4452, enforced by the Police Department or Code Enforcement Officer. In any such proceeding, the City may order that the activity in violation of the code abate, pay a penalty between $100 and $2,500 per violation, per day, and pay the court costs, attorneys and expert witness fees incurred by the City. § 114-9. Severability. If any clause, sentence, paragraph, section, article, chapter or part of this chapter now or through supplementation shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, article, chapter or part thereof directly

47

involved in the controversy in which such judgment shall have been rendered.

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Memo


Subject: Ordered, to discuss the discontinuance of a portion of Hoyt Street, Springvale,ME and to file an order of discontinuance with the City Clerk.

RECOMMENDATION Ordered, to discuss the discontinuance of a portion of Hoyt Street, Springvale, MEand to file an order of discontinuance with the City Clerk.

Background Information:Correspondence from Attorney Phil Saucier: I have just a few comments andquestions: 1) It was not clear to me whether or not the City would like to retain apublic easement over the discontinued portion of Hoyt Street. Under the statute, theCity will retain a public easement upon discontinuance unless the Order explicitlystates otherwise. As drafted Order is silent (thus it would retain a public easementover that portion of Hoyt Street), but if the intention is otherwise for any of the threeportions we can add a sentence to make that clarification. 2) The discontinuancestatute was recently amended by the Legislature which included some changes tothe process (now found at 23 M.R.S. § 3026- and attached to this email): a.Notification to abutters, including whether or not the City will retain a public easementand any maintenance obligations and access; b. City Council holds public meeting todiscuss discontinuance and then files order of discontinuance with the City Clerk; c.City Council then holds public hearing on the order of discontinuance; d. City Councilvotes on discontinuance at a meeting at least 10 or more business days after etherpublic hearing; e. Clerk files an attested certificate of Discontinuance with theRegistry of Deeds and provide a copy to the MDOT. You will see in the attachedstatute the new amendments includes more onerous criteria that must be followedwhen a proposed discontinuance is abutted by property not otherwise accessible by apublic way (including a year-long waiting period) that do not appear to apply in thisinstance. 3) Finally, in his memorandum Mike Casserly asked questions about feeownership. Since the then Town of Sanford took the underlying land by eminentdomain, in our view title will remain with the City upon discontinuance and the Orderhas been reflected to make that intention clear. That said, if the intention is to makethe triangle portion next to Aubuchon Hardware to create legal frontage for theRankins and include it as part of the ROW for Sanford High School Boulevard, thebetter approach could be to simply discontinue only that portion adjacent to theRankins and clarify in the Order of Discontinuance that the triangle portion remainsan accepted way.

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Legal Review Status:Complete

ATTACHMENTS

2-5-19 PH - Hoyt Street Discontinuance.pdfCLEAN Draft Deed to J- L Rankin - BSSN Edits.DOCXCLEAN Order of Discontinuance Hoyt Street 051418 BSSN Edits.DOCXHoyt St. Discontinuance - Exhibit A.PDFHoyt St. Discontinuance - Rankin Waiver of Damages and Indemnification.DOCXHoyt St. Discontinuance - Webb Waiver of Damages.DOCXHoyt Street - Certificate of Discontinuance.DOCXREDLINE Draft Deed to J- L Rankin - BSSN Edits.DOCXREDLINED Order of Discontinuance Hoyt Street 051418 BSSN Edits.DOCXtitle23sec3026-A.PDF

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/301976/2-5-19_PH_-_Hoyt_Street_Discontinuance.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/301977/CLEAN_Draft_Deed_to_J-_L_Rankin_-_BSSN_Edits.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/301978/CLEAN_Order_of_Discontinuance_Hoyt_Street_051418_BSSN_Edits.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/301979/Hoyt_St._Discontinuance_-_Exhibit_A.PDF

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/301980/Hoyt_St._Discontinuance_-_Rankin_Waiver_of_Damages_and_Indemnification.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/301981/Hoyt_St._Discontinuance_-_Webb_Waiver_of_Damages.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/301982/Hoyt_Street_-_Certificate_of_Discontinuance.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/301983/REDLINE_Draft_Deed_to_J-_L_Rankin_-_BSSN_Edits.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/301984/REDLINED_Order_of_Discontinuance_Hoyt_Street_051418_BSSN_Edits.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/301985/title23sec3026-A.PDF

Public Hearing Notice

PUBLIC HEARING

City Council

City Council Chambers ~ City Hall Annex

Tuesday, February 5, 2019

6:00 PM

Please be advised that the Sanford City Council will hold a public hearing on

February 5, 2019, for the purpose of deciding whether or not to discontinue, pursuant

to the provisions of 23 M.R.S.A. § 3026-A, a portion of the public way known as

Hoyt Street, more fully described below and shown in the proposed Order of

Discontinuance attached as Addendum A, and to determine what damages, if any

should be paid to property owners abutting such way if it is discontinued.

Beginning at a point, said point being located on the northerly sideline of Hoyt Street

and located at a distance of 8.1 feet and running along a bearing of S 89° 54’ E from

an iron rod set in the ground, said iron rod being shown on Exhibit A as Point A,

thence along the northerly sideline of said Hoyt Street, running along a bearing of S

89° 54’ E at a distance of 260.1 feet, more or less, to a point, thence running along a

bearing of S 0° 06’ W at a distance of 40.0 feet to a point, thence running along a

bearing of N 89° 54’ W for a distance of 143.0 feet, more or less, to a point located

on the northerly sideline of Sanford High School Boulevard, thence along a curve to

the left, said curve having a radius of 191.28 feet, and an arc length of 126.0 feet, said

curve also being the northerly sideline of Sanford High School Boulevard, to a point,

said point being the Point of Beginning.

The hearing will be held in the City Council Chambers at 6:00 P.M. on the date

above-referenced. TDD/TTY users may call local TTY number or 711. If you are

physically unable to access any of the City’s programs or services, please call Sherry

Lord at (207) 324-9173 so that accommodations can be made.

Date Posted: November 7, 2018

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MUNICIPAL QUITCLAIM DEED WITHOUT COVENANT

(RELEASE DEED)

KNOW ALL PERSONS BY THESE PRESENTS that the City of Sanford, a municipal corporation situated in York County, State of Maine with a mailing address of 919 Main Street, Maine, 04073 (hereinafter the "Grantor"), for good and valuable consideration paid, does hereby quiclaim and release unto Jeffrey L. Rankin Sr., and Linda J. Rankin,as joint tenants, and as residents of 8 Sanford High School Boulevard, in the City of Sanford, County of York, State of Maine (hereinafter the "Grantees"), and theirsuccessors and assigns forever all Grantor’s right, title and interest in and to the land located in the City of Sanford, County of York, and State of Maine, (hereinafter referred to as "the Premises"), said Premises being more particularly described as follows:

Beginning at a point, said point being located on the northerly sideline of Hoyt Street and located at the southwesterly corner of property now or formerly owned by Jeffrey L. Rankin Sr. and Linda J. Rankin, said point of beginning being located at a distance of 118.2 feet, more or less, along a bearing of S 89° 54’ E from an iron rod set in the ground, said iron rod being shown on Exhibit A as Point A, and said iron rod being located at the intersection of the northerly sideline of Sanford High School Boulevard and the State of Maine right of way line, thence running from said point of beginning along a bearing of S 89° 54’ E, also being the northerly sideline of said Hoyt Street, for a distance of 150.0 feet, more or less, to a point, thence running along a bearing of S 0° 06’ W for a distance of 40.0 feet, more or less, to a point, thence running along a bearing of N 89° 54’ W for a distance of 143.0 feet, more or less, to a point located on the northerly sideline of Sanford High School Boulevard, thence running along a bearing of N 80° 07’ W for a distance of 40.6 feet, more or less, to the point of beginning. Said Premises’ metes and bounds above describe an area of 495.5 square feet, more or less.

The herein described Premises being a portion of a right of way layout accepted by the Grantor as referenced by the Town of Sanford Warrant Articles for 1941, Article 48 (confirmed by the Town of Sanford Warrant Articles for 1973, Article 90A), and as described on a plan titled “Plan Showing the Layouts of Marginal Way, Ellis Street, Hoyt Street and Access Way, dated November 5, 1973,” Sheet 2 of 2, said plan on file with the Sanford Department of Public Works. Bearing and distances cited herein reference bearings and distances depicted on said plan.

All rights of the Grantor to construct a street within said Premises having been extinguished and discontinued by the City of Sanford in accordance with the “Order of

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Discontinuance” for a portion of Hoyt Street, ordered and signed by the Sanford City Council on ____________, 2019.

IN WITNESS whereof, the City of Sanford, Maine, has caused this instrument to be signed and sealed by Stephen R. Buck, its City Manager, this ____ day of _________, 2018.

__________________________________ By:______________________________

Witness Stephen R. Buck, City Manager

STATE OF MAINE

COUNTY OF YORK, SS.

Personally appeared before me this ______ day of ___________, 2018, the above-named Stephen R. Buck, City Manager of the City of Sanford, Maine, and acknowledged the foregoing instrument to be his free act and deed in said capacity and the free act and deed of the City of Sanford.

____________________________________

Notary Public/ Maine Attorney-at-Law

Type or Print Name

My commission expires: _______________

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ORDER OF DISCONTINUANCE

The Sanford City Council, having filed with the City Clerk this Order of Discontinuance for the purpose of discontinuing an unbuilt portion of the way known as Hoyt Street hereinafter described pursuant to the provisions of 23 M.R.S.A. § 3026-A, and the City Council having given best practicable notice of said discontinuance to abutting property owners, it is hereby:

ORDERED, that pursuant to the provisions of 23 M.S.R.A. § 3026-A, the City of Sanford does hereby discontinue and terminate all its interests in an unbuilt portion of the way known as Hoyt Street, which is bounded and described as follows:

Beginning at a point, said point being located on the northerly sideline of Hoyt Street and located at a distance of 8.1 feet and running along a bearing of S 89° 54’ E from an iron rod set in the ground, said iron rod being shown on Exhibit A as Point A, thence along the northerly sideline of said Hoyt Street, running along a bearing of S 89° 54’ E at a distance of 260.1 feet, more or less, to a point, thence running along a bearing of S 0° 06’ W at a distance of 40.0 feet to a point, thence running along a bearing of N 89° 54’ W for a distance of 143.0 feet, more or less, to a point located on the northerly sideline of Sanford High School Boulevard, thence along a curve to the left, said curve having a radius of 191.28 feet, and an arc length of 126.0 feet, said curve also being the northerly sideline of Sanford High School Boulevard, to a point, said point being the Point of Beginning.

Meaning and intending to discontinue said portion of Hoyt Street, said Hoyt Street having its layout accepted by the Sanford Town Meeting as referenced by the Town of Sanford Warrant Articles for 1941, Article 48 (confirmed by the Town of Sanford Warrant Articles for 1973, Article 90A), said layout defined along its centerline on a plan titled “Plan Showing Layout of Marginal Way, Access Way, Hoyt & Ellis Streets, Sanford Maine”, said plan being dated November 5, 1973, and prepared by Ernest Gallant, P.E.

FURTHER ORDERED, that the City of Sanford shall convey its interests and ownership of a portion of said discontinued way of Hoyt Street to abutters Jeffrey L. Rankin Sr., and Linda J. Rankin, as shown on said Exhibit A, and as bounded and described as follows

Beginning at a point, said point being located on the northerly sideline of Hoyt Street and located at the southwesterly corner of property now or formerly owned by Jeffrey L. Rankin Sr. and Linda J. Rankin, said point of beginning being located at a distance of 118.2 feet, more or less, along a bearing of S 89° 54’ E from an iron rod set in the ground, said iron rod being shown on Exhibit A as Point A, and said iron rod being located at the intersection of the northerly sideline of Sanford High School Boulevard and the State of Maine right of way line, thence running from said point of beginning along a bearing of S 89° 54’ E, also being the northerly sideline of said Hoyt Street, for a distance of 150.0 feet, more or less, to a point, thence running along a bearing of S 0° 06’ W for a distance of 40.0 feet, more or less, to a point, thence running along a bearing of N 89° 54’

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W for a distance of 143.0 feet, more or less, to a point located on the northerly sideline of Sanford High School Boulevard, thence running along a bearing of N 80° 07’ W for a distance of 40.6 feet, more or less, to the point of beginning. Said Premises’ metes and bounds above describe an area of 495.5 square feet, more or less.

FURTHER ORDERED, that the City of Sanford shall retain its interest and ownership of a portion of said discontinued way of Hoyt Street, in order to incorporate said portion to remain with the City of Sanford and become part of the Sanford High School Boulevard right of way, as shown on said Exhibit A, and as bounded and described as follows:

Beginning at a point, said point shown on Exhibit A as being 8.1 feet and located along a bearing of S 89° 54’ E from Point A, as referenced herein, thence running from said Point of Beginning along a bearing of S 89° 54’ E, also being the northerly sideline of said Hoyt Street, for a distance of 110.1 feet, more or less, to a point, thence running along a bearing of S 80° 07’ E for a distance of 40.6 feet, more or less, to a point, thence along a curve to the left, said curve having a radius of 191.28 feet, and an arc length of 126.0 feet, said curve also being the northerly sideline of Sanford High School Boulevard, to the Point of Beginning.

Reference is made to Reference Plan 1 on Exhibit A for bearings and distances cited herein.

FURTHER ORDERED, that no damages are awarded to any person by reason of this Discontinuance of said portions of said way.

DATED: _____________________________

SANFORD CITY COUNCIL

____________________________________________________

____________________________________________________

____________________________________________________

____________________________________________________

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____________________________________________________

____________________________________________________

____________________________________________________

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WAIVER AND INDEMNITY RECITALS

WHEREAS, Jeffrey and Linda Rankin has requested the City of Sanford (“the City”) to discontinue a portion of Hoyt Street, so called, pursuant to 23 M.R.S.A. § 3026-A;

WHEREAS, the City, as a condition precedent to any discontinuance of the town way requires a waiver of any claims which Jeffrey and Linda Rankin may have against the City for such discontinuance and, further, requires indemnity against any claim of abutters or other third persons arising out of or resulting from the discontinuance of said town way;

1. Jeffrey and Linda Rankin hereby waives any claims for damages which they may have against the City arising out of or resulting from the discontinuance of such town way by the City pursuant to 23 M.R.S.A. § 3026-A;

2. Jeffrey and Linda Rankin hereby agree to indemnify and hold harmless the City against any claims arising from abutting property owners or any other third persons against the City for damages arising out of or resulting from the discontinuance of such town way by the City pursuant to said statute.

Dated: _____________

___________________

Jeffrey L. Rankin

__________________

Linda J. Rankin

STATE OF MAINE

Cumberland, ss. _____________, 2019

Then personally appeared the above-named Jeffrey L. and Linda J. Rankin and acknowledged the foregoing instrument to be their free act and deed.

___________________________________

Notary Public/Attorney at Law

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WAIVER AGREEMENT

WHEREAS, Jeffrey L. and Linda J. Rankin has brought a petition dated [date of petition] before the City of Sanford (“the City”) seeking to have a portion of Hoyt Street in the City discontinued pursuant to 23 M.R.S.A. § 3026-A, and,

WHEREAS, if the City should enter an order discontinuing said street pursuant to the above-mentioned petition, it must consider what damages shall be paid to each abutter pursuant to 23 M.R.S.A. § 3026-A, and,

WHEREAS, John E. and Jane W. Webb are abutters to said Hoyt Street; and

NOW THEREFORE, in consideration of the City's discontinuance of a portion of Hoyt Street, John E. Webb and Jane W. Webb for themselves, their heirs, successors and assigns hereby agree to waive any claim for damages which they may have as a result of the discontinuance of a portion of Hoyt Street.

Dated: ________

___________________

John E. Webb

___________________

Jane W. Webb

STATE OF MAINE

Cumberland, ss. _____________, 2019

Then personally appeared the above-named John E. Webb and Jane W. Webb and acknowledged the foregoing instrument to be their free act and deed.

___________________________________Notary Public/Attorney at Law

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Certificate of Discontinuance

I, Sue Cote, being the Clerk of the City of Sanford, Maine, hereby certify and attest that on

___________ 2019, the Municipal Officers of the City of Sanford took final action by approving

an Order of Discontinuance for a portion of Hoyt Street, a true copy of which is attached hereto

as Exhibit A.

Date: _____________________ City Clerk: ________________________________ Sue Cote

STATE OF MAINEYork, ss. Date:____________________, 2019

Personally appeared before me the above-named Sue Cote, in her capacity of Clerk of the City of Sanford, and made oath that the above instrument was executed as her free act and deed under her authority as Clerk for the City of Sanford.

Before me,

____________________________________Notary Public/Attorney

____________________________________(Print Name)

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MUNICIPAL QUITCLAIM DEED WITHOUT COVENANT

(RELEASE DEED)

KNOW ALL PERSONS BY THESE PRESENTS that the City of Sanford, a municipal corporation situated in York County, State of Maine with a mailing address of 919 Main Street, Maine, 04073 (hereinafter the "Grantor"), for good and valuable consideration paid, does hereby quiclaim and release unto Jeffrey L. Rankin Sr., and Linda J. Rankin,as joint tenants, and as residents of 8 Sanford High School Boulevard, in the City of Sanford, County of York, State of Maine (hereinafter the "Grantees"), and theirsuccessors and assigns forever all Grantor’s right, title and interest in and to the land located in the City of Sanford, County of York, and State of Maine, (hereinafter referred to as "the Premises"), said Premises being more particularly described as follows:

Beginning at a point, said point being located on the northerly sideline of Hoyt Street and located at the southwesterly corner of property now or formerly owned by Jeffrey L. Rankin Sr. and Linda J. Rankin, said point of beginning being located at a distance of 118.2 feet, more or less, along a bearing of S 89° 54’ E from an iron rod set in the ground, said iron rod being shown on Exhibit A as Point A, and said iron rod being located at the intersection of the northerly sideline of Sanford High School Boulevard and the State of Maine right of way line, thence running from said point of beginning along a bearing of S 89° 54’ E, also being the northerly sideline of said Hoyt Street, for a distance of 150.0 feet, more or less, to a point, thence running along a bearing of S 0° 06’ W for a distance of 40.0 feet, more or less, to a point, thence running along a bearing of N 89° 54’ W for a distance of 143.0 feet, more or less, to a point located on the northerly sideline of Sanford High School Boulevard, thence running along a bearing of N 80° 07’ W for a distance of 40.6 feet, more or less, to the point of beginning. Said Premises’ metes and bounds above describe an area of 495.5 square feet, more or less.

The herein described Premises being a portion of a right of way layout accepted by the Grantor as referenced by the Town of Sanford Warrant Articles for 1941, Article 48 (confirmed by the Town of Sanford Warrant Articles for 1973, Article 90A), and as described on a plan titled “Plan Showing the Layouts of Marginal Way, Ellis Street, Hoyt Street and Access Way, dated November 5, 1973,” Sheet 2 of 2, said plan on file with the Sanford Department of Public Works. Bearing and distances cited herein reference bearings and distances depicted on said plan.

All rights of the Grantor to construct a street within said Premises having been extinguished and discontinued by the City of Sanford in accordance with the “Order of

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Discontinuance” for a portion of Hoyt Street, ordered and signed by the Sanford City Council on ____________, 2019.

IN WITNESS whereof, the City of Sanford, Maine, has caused this instrument to be signed and sealed by Stephen R. Buck, its City Manager, this ____ day of _________, 2018.

__________________________________ By:______________________________

Witness Stephen R. Buck, City Manager

STATE OF MAINE

COUNTY OF YORK, SS.

Personally appeared before me this ______ day of ___________, 2018, the above-named Stephen R. Buck, City Manager of the City of Sanford, Maine, and acknowledged the foregoing instrument to be his free act and deed in said capacity and the free act and deed of the City of Sanford.

____________________________________

Notary Public/ Maine Attorney-at-Law

Type or Print Name

My commission expires: _______________

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ORDER OF DISCONTINUANCE

The Sanford City Council, having filed with the City Clerk this Order of Discontinuance for the purpose of discontinuing an unbuilt portion of the way known as Hoyt Street hereinafter described pursuant to the provisions of 23 M.R.S.A. § 3026-A, and the City Council having given best practicable notice of said discontinuance to abutting property owners, it is hereby:

ORDERED, that pursuant to the provisions of 23 M.S.R.A. § 3026-A, the City of Sanford does hereby discontinue and terminate all its interests in an unbuilt portion of the way known as Hoyt Street, which is bounded and described as follows:

Beginning at a point, said point being located on the northerly sideline of Hoyt Street and located at a distance of 8.1 feet and running along a bearing of S 89° 54’ E from an iron rod set in the ground, said iron rod being shown on Exhibit A as Point A, thence along the northerly sideline of said Hoyt Street, running along a bearing of S 89° 54’ E at a distance of 260.1 feet, more or less, to a point, thence running along a bearing of S 0° 06’ W at a distance of 40.0 feet to a point, thence running along a bearing of N 89° 54’ W for a distance of 143.0 feet, more or less, to a point located on the northerly sideline of Sanford High School Boulevard, thence along a curve to the left, said curve having a radius of 191.28 feet, and an arc length of 126.0 feet, said curve also being the northerly sideline of Sanford High School Boulevard, to a point, said point being the Point of Beginning.

Meaning and intending to discontinue said portion of Hoyt Street, said Hoyt Street having its layout accepted by the Sanford Town Meeting as referenced by the Town of Sanford Warrant Articles for 1941, Article 48 (confirmed by the Town of Sanford Warrant Articles for 1973, Article 90A), said layout defined along its centerline on a plan titled “Plan Showing Layout of Marginal Way, Access Way, Hoyt & Ellis Streets, Sanford Maine”, said plan being dated November 5, 1973, and prepared by Ernest Gallant, P.E.

FURTHER ORDERED, that the City of Sanford shall convey its interests and ownership of a portion of said discontinued way of Hoyt Street to abutters Jeffrey L. Rankin Sr., and Linda J. Rankin, as shown on said Exhibit A, and as bounded and described as follows

Beginning at a point, said point being located on the northerly sideline of Hoyt Street and located at the southwesterly corner of property now or formerly owned by Jeffrey L. Rankin Sr. and Linda J. Rankin, said point of beginning being located at a distance of 118.2 feet, more or less, along a bearing of S 89° 54’ E from an iron rod set in the ground, said iron rod being shown on Exhibit A as Point A, and said iron rod being located at the intersection of the northerly sideline of Sanford High School Boulevard and the State of Maine right of way line, thence running from said point of beginning along a bearing of S 89° 54’ E, also being the northerly sideline of said Hoyt Street, for a distance of 150.0 feet, more or less, to a point, thence running along a bearing of S 0° 06’ W for a distance of 40.0 feet, more or less, to a point, thence running along a bearing of N 89° 54’

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W for a distance of 143.0 feet, more or less, to a point located on the northerly sideline of Sanford High School Boulevard, thence running along a bearing of N 80° 07’ W for a distance of 40.6 feet, more or less, to the point of beginning. Said Premises’ metes and bounds above describe an area of 495.5 square feet, more or less.

FURTHER ORDERED, that the City of Sanford shall retain its interest and ownership of a portion of said discontinued way of Hoyt Street, in order to incorporate said portion to remain with the City of Sanford and become part of the Sanford High School Boulevard right of way, as shown on said Exhibit A, and as bounded and described as follows:

Beginning at a point, said point shown on Exhibit A as being 8.1 feet and located along a bearing of S 89° 54’ E from Point A, as referenced herein, thence running from said Point of Beginning along a bearing of S 89° 54’ E, also being the northerly sideline of said Hoyt Street, for a distance of 110.1 feet, more or less, to a point, thence running along a bearing of S 80° 07’ E for a distance of 40.6 feet, more or less, to a point, thence along a curve to the left, said curve having a radius of 191.28 feet, and an arc length of 126.0 feet, said curve also being the northerly sideline of Sanford High School Boulevard, to the Point of Beginning.

Reference is made to Reference Plan 1 on Exhibit A for bearings and distances cited herein.

FURTHER ORDERED, that no damages are awarded to any person by reason of this Discontinuance of said portions of said way.

DATED: _____________________________

SANFORD CITY COUNCIL

____________________________________________________

____________________________________________________

____________________________________________________

____________________________________________________

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____________________________________________________

____________________________________________________

____________________________________________________

65

Maine Revised Statutes

Title 23: TRANSPORTATION

Chapter 304: ACQUISITION OF PROPERTY FOR HIGHWAY PURPOSES

§3026-A. DISCONTINUANCE OF TOWN WAYSA municipality may terminate in whole or in part any interests held by it for highway purposes. A

municipality discontinuing a town way or public easement in this State must meet the following requirements.[2015, c. 464, §5 (NEW).]

1. Notification of discontinuance to abutting property owners. The municipal officers shall givebest practicable notice to all abutting property owners of a proposed discontinuance of a town way or publiceasement.

A. For a proposed discontinuance of a town way, the notice must include information regarding thepotential discontinuance or retention of a public easement, including maintenance obligations for and theright of access to the way under the discontinuance or retention of a public easement, and informationregarding the rights of abutting property owners to enter into agreements regarding maintenance of andaccess to the discontinued way. [2017, c. 345, §1 (NEW).]

B. For a proposed discontinuance of a town way that is abutted by property not otherwise accessible bya public way, the notice must include information, in addition to the information required in paragraphA, regarding the right of abutting property owners to create private easements and the municipalrequirements under subsection 1-A. [2017, c. 345, §1 (NEW).]

Paragraphs A and B apply to town ways that are not discontinued as of October 1, 2018.

As used in this subsection, "best practicable notice" means, at minimum, the mailing by the United StatesPostal Service, postage prepaid, first class, of notice to abutting property owners whose addresses appear inthe assessment records of the municipality.

[ 2017, c. 345, §1 (AMD) .]

1-A. Discontinuance after October 1, 2018 of a town way with abutting property not otherwiseaccessible. A municipality may not discontinue a town way that is not discontinued as of October 1, 2018pursuant to this section if that town way is abutted by property not otherwise accessible by a public way,unless the municipal officers have complied with this subsection.

A. The municipal officers shall wait one year from the date of notice provided pursuant to subsection 1,paragraph B before proceeding with the discontinuance process, to allow abutting property owners theopportunity to grant private easements that run with the title of the property owners' land for the purposeof allowing travel along the way for all abutting property owners and their lessees and guests. [2017,c. 345, §2 (NEW).]

B. After the one-year waiting period required in paragraph A, the municipal officers may:

(1) Proceed with the discontinuance process pursuant to this section, as long as a public easement isretained; or

(2) If the municipal officers verify that private easements that run with the title of the propertyowners' land for the purpose of allowing travel along the way for all abutting property owners andtheir lessees and guests have been filed with the registry of deeds, proceed with the discontinuanceprocess without retaining a public easement. [2017, c. 345, §2 (NEW).]

[ 2017, c. 345, §2 (NEW) .]

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66

MRS Title 23 §3026-A. DISCONTINUANCE OF TOWN WAYS

2. Municipal officers meet to discuss proposed discontinuance and file order of discontinuance. The municipal officers shall discuss a proposed discontinuance of a town way or public easement at a publicmeeting and file an order of discontinuance with the municipal clerk that specifies:

A. The location of the town way or public easement; [2015, c. 464, §5 (NEW).]

B. The names of abutting property owners; [2015, c. 464, §5 (NEW).]

B-1. The location of any bridge, as defined in section 562, subsection 2, on the town way or publiceasement and the status of negotiations with the department with respect to the disposition of the bridgepursuant to section 566, subsection 3-A; [2017, c. 154, §3 (NEW).]

C. The amount of damages, if any, determined by the municipal officers to be paid to each abuttingproperty owner; and [2015, c. 464, §5 (NEW).]

D. Whether or not a public easement is retained. [2015, c. 464, §5 (NEW).]

If a proposal includes the discontinuance of a public easement, that must be stated explicitly in the order ofdiscontinuance; otherwise, the public easement is retained. If a public easement is retained, all other interestsof the municipality in the discontinued way, if any, pass to abutting property owners to the center of the way.If a public easement is not retained, all interests of the municipality in the discontinued way pass to abuttingproperty owners to the center of the way.

[ 2017, c. 154, §3 (AMD) .]

3. Public hearing. The municipal officers shall hold a public hearing on the order of discontinuance of atown way or public easement filed pursuant to subsection 2.

[ 2015, c. 464, §5 (NEW) .]

4. Approval of order of discontinuance and damage awards. The municipal legislative body mustvote upon the order of discontinuance submitted to it:

A. To approve the order of discontinuance and the damage awards and to appropriate the money to paythe damages; or [2015, c. 464, §5 (NEW).]

B. To disapprove the order of discontinuance. [2015, c. 464, §5 (NEW).]

The vote required by this subsection must be conducted 10 or more business days after the public hearingpursuant to subsection 3, except that, for a town way that is not discontinued as of October 1, 2018, in amunicipality in which the municipal legislative body is the town meeting, the vote must be conducted at thenext regularly scheduled annual town meeting.

[ 2017, c. 345, §3 (AMD) .]

5. Certificate of discontinuance filed. The municipal clerk shall record an attested certificate ofdiscontinuance after a vote by the municipal legislative body under subsection 4 in the registry of deeds. Thecertificate must describe the town way or public easement and the final action by the municipal legislativebody. The date the certificate is filed is the date the town way or public easement is discontinued. The registryof deeds shall record a certificate of discontinuance under the name of the town way or public easement, thename of the municipality and the names of the abutting property owners. The municipal clerk shall provide aphotocopy of the certificate to the Department of Transportation, Bureau of Maintenance and Operations.

[ 2015, c. 464, §5 (NEW) .]

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MRS Title 23 §3026-A. DISCONTINUANCE OF TOWN WAYS

6. Utility easement. An easement for public utility facilities necessary to provide or maintain serviceremains in a discontinued town way regardless of whether a public easement is retained. Upon approvalby a municipal legislative body of an order to discontinue a town way and retain a public easement, unlessotherwise stated in the order, all remaining interests of the municipality, if any, pass to the abutting propertyowners in fee simple to the center of the way.

[ 2015, c. 464, §5 (NEW) .]

SECTION HISTORY2015, c. 464, §5 (NEW). 2017, c. 154, §3 (AMD). 2017, c. 345, §§1-3(AMD).

The State of Maine claims a copyright in its codified statutes. If you intend to republish this material, we require that you include thefollowing disclaimer in your publication:

All copyrights and other rights to statutory text are reserved by the State of Maine. The text included in this publication reflects changesmade through the Second Special Session of the 128th Maine Legislature and is current through November 1, 2018. The text is subjectto change without notice. It is a version that has not been officially certified by the Secretary of State. Refer to the Maine RevisedStatutes Annotated and supplements for certified text.

The Office of the Revisor of Statutes also requests that you send us one copy of any statutory publication you may produce. Our goalis not to restrict publishing activity, but to keep track of who is publishing what, to identify any needless duplication and to preservethe State's copyright rights.

PLEASE NOTE: The Revisor's Office cannot perform research for or provide legal advice or interpretation of Maine law to the public.If you need legal assistance, please contact a qualified attorney.

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Memo


Subject:Ordered, to appoint (4) four qualified, registered Sanford Voters and (3)members of the City Council to the Budget committee per section 602.1 of theSanford City Charter.

RECOMMENDATION Ordered, to appoint members to the Budget committee.

ATTACHMENTS

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a g e n d a...development, ian houseal gave a brief presentation to the council. the city council...

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