city of saco, maine council/2018... · york county federal credit union and the city of saco .”...

SACO CITY COUNCIL MEETING MONDAY, JUNE 4, 2018 – 6:30 PM

CITY HALL AUDITORIUM

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

IV. GENERAL

A. Planning Board Recognition B. World Elder Abuse Awareness Day – June 15th

V. PUBLIC COMMENT VI. CONSENT AGENDA

A. Mayor’s Appointment to the Lucia Kimball Deering Trust Board P3 B. Mayor’s Appointment to the Conservation Commission P4 C. Appointment of Wardens and Ward Clerks P6 D. Creation of a Senior Tax Abatement Program Ad Hoc Committee P8

VII. AGENDA

A. (Public Hearing) Contract Zone Amendment – KFC, Foresite Realty, LLC P9 and York County FCU

B. (Tabled) Volunteer Citizen Work off Program Guideline Changes P25 and Annual Approval

C. (First Reading) Budget Amendment #14 – FY 2018 School Budget P28 D. Approval of the Beach Management Agreement P30

VIII. COUNCIL DISCUSSION AND COMMENT

IX. EXECUTIVE SESSION

“Be it Ordered that the City Council enter into executive session, Pursuant to [M.R.S.A. Title 1, Chapter 13, Subchapter 1, §405(6) d. Discussion of the contract for City Administrator, Kevin Sutherland, and c. Discussion of Real Property – Fire Station Annex, Public Works land purchase and relocation, Possible sites for a new Business Park.

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

XI. ADJOURNMENT

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

mailto:[email protected]

https://www.facebook.com/sacomaine

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SACO CITY COUNCIL WORKSHOP MONDAY, JUNE 4, 2018

CITY HALL AUDITORIUM

I. CALL TO ORDER

II. PUBLIC COMMENT III. AGENDA (for discussion, no action is taken)

A. Marketing Strategy and City Logo Presentation B. Saco Biddeford Assessor Agreement P61 C. Saco Biddeford Animal Control Agreement P66 D. Saco Biddeford Opioid Outreach Initiative Agreement P69 E. Saco Code – Chapter 71 Blasting Update P72 F. Discussion of Summer Schedule P73 G. Recommended Charter Changes for Saco P74 H. Changes to Council Rules and Order of Business P77

IV. COUNCIL DISCUSSION AND COMMENT

V. ADJOURNMENT

CONSENT AGENDA ITEM: A DATE: June 4, 2018

MEETING ITEM COMMENTARY AGENDA ITEM: Confirmation of the Mayor’s Appointment of Jay St. John to the

Lucia Kimball Deering Trust Board STAFF RESOURCE: Kevin L. Sutherland, City Administrator COUNCIL RESOURCE: Councilor Roger Gay BACKGROUND: Resigning member, Jim Nelson, has recommended Jay St. John for

appointment to the Lucia Kimball Deering Health Trust for a six-year term. Jay St. John currently serves on the Kimball Health Center Board and the Historic Preservation Commission in Saco.

EXHIBIT: None RECOMMENDATION: Staff recommends the appointment. SUGGESTED MOTION: “Be it ordered that the City Council confirm the Mayor’s appointment of Jay St.

John to the Lucia Kimball Deering Trust board for a six-year term ending on June 4, 2024.”

“I move to approve the order”.

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CONSENT AGENDA ITEM: B Date: June 4, 2018

MEETING ITEM COMMENTARY

AGENDA ITEM: Confirm the Mayor’s Appointment of Marty Birmingham, Larissa Crockett, and Margaret O’Neil to the Conservation Commission

COUNCIL RESOURCE: Councilor Lynn Copeland STAFF RESOURCE: Kevin Sutherland, City Administrator BACKGROUND: The Conservation Commission consists of members appointed by

the Mayor and confirmed by the Council for a term of three years.

Primarily, the Commission shall: conduct research into local land area usage; make recommendations to preserve and enhance the natural resources of the City; and assist the Planning Board on development applications. Recently, the Commission had 3 resignations. The Mayor is seeking to fill these un-expired terms as follows: Marty Birmingham appointed as a full member to fill out the un-expired term of Meagan Sims ending on February 21, 2020, Larissa Crockett appointed as a full member to fill out the un-expired term of Jenna Scott ending on August 21, 2020 and Margaret O’Neil appointed as a full member to fill out the un-expired term of Dwayne Singletary ending on March 6, 2020.

EXHIBITS: Board application RECOMMENDATION: Staff recommends approval SUGGESTED MOTION: Be it Ordered that the City Council confirm the Mayor’s

appointment of Marty Birmingham appointed as a full member to fill out the un-expired term of Meagan Sims ending on February 21, 2020, Larissa Crockett appointed as a full member to fill out the un-expired term of Jenna Scott ending on August 21, 2020 and Margaret O’Neil appointed as a full member to fill out the un-expired term of Dwayne Singletary ending on March 6, 2020.

“I move to approve the Order”.

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CONSENT AGENDA ITEM: B Date: June 4, 2018

Board Application Applicant #1 - Ward 6 boards = Conservation Commission Length of residency = 5 years Nominee qualifications = Born in Northern Maine I’ve spent my whole life enjoying Maine’s natural resources. I would appreciate the opportunity to help ensure that these resources are available to future generations. I believe my extensive sales experience may be useful in helping the committee sell new ideas to the community. Name = Marty Birmingham Street Address = 39 Woodman Ave Saco, ME 04072 Mailing Address = 39 Woodman Ave Saco, ME 04072 Applicant #2 - Ward 7 boards = Conservation Commission Parks and Rec Advisory Board = true Length of residency = August 2017 Community1 = Town of Acton Board1 = Select Board Years1 = 3 Community2 = Town of Acton Board2 = Planning Board Years2 = 2 Community3 = Town of Acton Board3 = Warrant and Finance Years3 = 3 Community4 = Town of Acton Board4 = Comprehensive Plan Years4 = 2 Nominee qualifications = I believe strongly in contributing to the community where I live and am eager to find a way to do that in Saco. I have many years of municipal experience and understand the limitations and possibilities held in local government. That knowledge, paired with a commitment to collaborative problem solving make me a good board member. Name = Larissa Crockett Street Address = 89 Spring St Mailing Address = 89 Spring St Nominee Home Telephone = Applicant #3 - Ward 1 boards = Conservation Commission boards = Special Ad Hoc Committees Length of residency = 28 years Nominee qualifications = I would like to bring my connections and resources as a state representative to municipal discussions. I currently serve on the legislative committee that oversees state conservation efforts, and would like to assist with those efforts in Saco. Name = Maggie O'Neil Street Address = 21 Sheila Circle

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CONSENT AGENDA ITEM: C Date: June 4, 2018


AGENDA ITEM: Confirmation of Warden & Ward Clerk Appointments STAFF RESOURCE: Michele L. Hughes, City Clerk COUNCIL RESOURCE: Councilor Roger Gay BACKGROUND: At last Fall’s General Election there were several Warden and Ward

Clerk positions that were not nominated by petition and therefore became a write-in position. Some of the write-ins chose to accept the positions and some did not, which has created a few vacancies in office.

The City Clerk is recommending appointment of the following individuals to fill the vacancies with a term to expire on December 2, 2019: This document will be handed out the night of the meeting.

EXHIBITS: 1. M.R.S.A. – Title 21-A RECOMMENDATION: Staff recommends approval. SUGGESTED MOTION: “Be it Ordered that the City Council confirm the appointment

of Warden and Ward Clerks as recommended by the City Clerk.”

“I move to approve the order.”

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CONSENT AGENDA ITEM: C Date: June 4, 2018

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CONSENT AGENDA ITEM: D Date: June 4, 2018


AGENDA ITEM: Authorize the Creation of a Senior Tax Abatement Program Ad Hoc

Committee STAFF RESOURCE: Kevin L. Sutherland, City Administrator COUNCIL RESOURCE: Councilor Alan Minthorn BACKGROUND: This year marks the ninth year of the City’s Volunteer Senior

Tax Work off Program. This program has successfully connected Senior Citizens with City Departments to provide support to the assigned department. In exchange for their assistance with various tasks, the volunteer earns tax abatement credits toward their property tax bill. Based on a review of the needs of the program and in the interest of improved disclosure on benefits for state and federal reporting, the program guidelines should be updated. A Senior Tax Abatement Program Ad Hoc Committee should be created to lead the revisions to the program guidelines. The committee, appointed by the Mayor will consist of:

• Mary Starr, Program Coordinator • Councilor Alan Minthorn • Representative Donna Bailey • Representative Maggie O’Neill • Jean Saunders • Ron Michaud • Mary Pelkey • Eric Cote • Judy Tripp

The committee will be asked to provide a report to the City Council with recommended changes to the program guidelines. The committee’s responsibilities will terminate upon submission of this report.

EXHIBITS: None RECOMMENDATION: Staff recommend the creation of the committee and confirm the

Mayor’s appointments. SUGGESTED MOTION: “Be it ordered that the City Council authorize the creation of a Senior Tax

Abatement Program Ad Hoc Committee to revise the program guidelines, and confirm the Mayor’s appointments to the Senior Tax Abatement Program Ad Hoc Committee.” “I move to approve the order”.

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AGENDA ITEM: A Date: June 4, 2018

ITEM COMMENTARY AGENDA ITEM: (Public Hearing) Contract Zone Amendment – KFC, Foresite Realty,

LLC and York County FCU STAFF RESOURCE: Bob Hamblen, City Planner COUNCIL RESOURCE: Councilor Micah Smart BACKGROUND: The City Council approved a contract zone encompassing three abutting Main Street parcels at 477, 485 and 491 Main Street on October 17, 2005. The properties included those owned by Linron Inc., doing business as KFC; the York County Federal Credit Union; and two parcels between KFC and the credit union that were under contract to Saco Realty Limited Partnership, possibly to be developed as a CVS pharmacy. Fast forward to 2018 -- the KFC has been demolished and replaced, with a Certificate of Occupancy being granted in May 2006. The credit union building was removed, then rebuilt and occupied in January 2016. The two lots that were owned by SRLP have become a single lot, under contract to Jacob Roskelley dba Foresite Realty, LLC, who hopes to relocate his existing dental practice. The principals at the two other businesses, Scott Chretien at York County FCU, and Ron Giles at KFC, have discussed the proposal with Mr. Roskelley, and each is eager to finalize the plan envisioned by the 2005 contract zone. The rear access drive linking the three uses with Smith Lane would be constructed as part of the development. This item was reviewed by the Planning Board at its May 15 meeting. The Board made a positive finding on each of the four standards required for a contract zone, and forwarded a positive recommendation to the Council for the proposed amendments. EXHIBITS:

1. Draft Contract Zone Document 2. Public Hearing Notice 3. List of Notified Abutters 4. Site Plans Item previously provided on May 21, 2018 5. City Planner’s memo

Item previously provided in workshop on May 7, 2018 6. Letter from Mitchell and Associates including proposed drawings

RECOMMENDATION: Staff is pleased to see the third piece of this partnership ready to move

forward, with the rear access drive being a key piece of infrastructure. SUGGESTED MOTION: “I move to open the public hearing for the contract zone document entitled ‘Amended Contract Zone Agreement by and Between Linron, Inc., Foresite Realty, LLC, York County Federal Credit Union and the City of Saco.” “I move to close the public hearing and further move to schedule the Second and Final Reading of the Amended Contract Zone Agreement by and Between Linron, Inc., Foresite Realty, LLC, York County Federal Credit Union and the City of Saco,” for June 18, 2018.

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http://cms.revize.com/revize/saco/5-21-18%20Council%20Agenda%20and%20Packet%20(page%20numbers).pdf

http://cms.revize.com/revize/saco/5-7-18%20Council%20Agenda%20and%20Packet.pdf


Amended Contract Zone Agreement by and Between

LINRON, INC., FORESITE REALTY, LLC, YORK COUNTY FEDERAL CREDIT UNION

and the CITY OF SACO

October l8, 20l0 Amended March 16, 2015

Proposed Amendments May 15, 2018

THE CITY OF SACO HEREBY ORDAINS:

I. That the Zoning Ordinance of the City of Saco, dated January 2, 1985, and amended through March 12, 2018 which was amended by adopting a Contract Zone Agreement dated October 17, 2005, as amended August 4, 2008, and again amended March 16, 2015 by and between the City of Saco and LINRON, INC. ("Linron"), Foresite Realty, LLC, and YORK COUNTY FEDERAL CREDIT UNION ("Credit Union") (collectively "Applicants") and their successors and assigns which the Applicants propose to further amend so that it reads as follows:

1. The original Applicants proposed in 2005 to establish a series of three (3) permitted uses located on Main Street with a single curb cut off Main Street and a rear drive providing access for the three uses to Smith Lane and its signalized intersection. The proposed uses included an existing eating establishment (KFC Restaurant) on the Linron, Inc. property; an existing financial institution (York County Federal Credit Union) and a proposed retail business (CVS Pharmacy) on the Shannon Realty Limited Partnership (SRLP) parcels.

2. Said properties are identified as Tax Map 33, Lot 6 (Linron); Tax Map 33, Lot 7 (formerly

SRLP, now under contract to Foresite Realty, LLC) and Tax Map 33, Lot 9 (Credit Union) on City of Saco tax maps, and are in a B-2d zoning district (the "Subject Properties").

3. Part of the properties are currently improved with a KFC Restaurant (Linron parcel). The

Credit Union occupies one parcel. The Foresite Realty, LLC parcel is unimproved. 4. Eating Establishments, Financial Institutions and Offices are permitted uses in the B-2d zoning

district. 5. Applicant Foresite Realty, LLC proposes an amendment to this contract zone agreement to

facilitate the construction of a building for an Office use (dental practice). Other participants in the contract zone agreement included the construction of a new KFC (completed, Certificate of Occupancy granted 5/31/06), an addition to the Credit Union (completed, Certificate of Occupancy granted 1/5/16). Other prominent features of the agreement include the installation and maintenance of a single Main Street curb cut, and the establishment of a common rear drive to Smith Lane benefiting all three uses and the City of Saco. Recognizing the public necessity and convenience which will result from this undertaking,

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particularly traffic safety and efficiency that shall come from a shared common access and reduced curb cuts on Route 1, and recognizing the unique location of the parcels, and the requirements of the Zoning Ordinance, Applicant F o r e s i t e R e a l t y , L L C hereby makes application for an amended Contract Zone that would permit the following modifications to the requirements in the B-2d Zone and the establishment of the following components for the subject properties, which modifications would, in part, amend the Saco Zoning Ordinance.

II.

A. An integrated landscape buffer will be established along Main Street for Linron, the Credit Union and Foresite Realty, LLC. A five (5) foot wide vegetative buffer is established along Smith Lane for the Linron property. Five (5) shade trees and shrubs as described in Section 708-3.9.C of the Zoning Ordinance have been installed along Smith Lane, with final details addressed during site plan review recognizing the desire of Linron to maintain its visibility. T h e e x i s t i n g f i v e (5) foot wide paved sidewalk shall be maintained. serving all three (3) properties shall be located within the Main Street right of way to the extent possible. However, said sidewalk may be located in the landscape buffer on the Subject Properties, as shown on Exhibit A, and the Applicants shall grant easements for the same, to the extent that right of way width imposes limits on the location of the sidewalk.

B. Except as more specifically described in A above for landscaped buffers along streets, interior landscaping requirements for each property shall be as follows:

(2) Interior landscaping requirements for the Linron property are waived;

(3) Interior landscaping requirements for the Foresite Realty, LLC property shall be determined as part of site plan review for the proposed use on the Foresite Realty, LLC;

(4) Interior landscaping for the Credit Union property shall be as currently existing;

(5) A landscaping plan prepared by a registered landscape architect shall be submitted as part of site plan review of the Foresite Realty, LLC site the individual properties, with specific attention to meeting and exceeding requirements found in Section 708-3.9.C regarding the front buffers along Main Street and Smith Lane.

C. Upon the build-out of the Subject Properties there will be only a single curb cut off Main Street, where the Credit Union's current curb cut is located. Said curb cut will be restricted to a left hand turn and a right hand turn into the property and a right hand turn out of the property. The curb cut shall be configured to permit a left hand turn and a right hand turn in and a right hand turn out. Until the Subject Parcels and proposed internal roadways and drive improvements, and the improvements related to the new access drive and related Route One and Smith Lane improvements are constructed, the access drive and internal roadways serving the Credit Union property will remain in their present configuration and with their same utility to the Credit Union.

D. A common directional sign plan shall be submitted with the site plan applications for the

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Foresite Realty, LLC and Linron properties, with the goal of encouraging traffic headed southbound on Main Street with the Subject Properties as a destination to turn left at the signalized intersection at Smith Lane, thence to a rear two-way drive that will be established and that will provide access to Smith Lane for all three (3) uses pursuant to an easement agreement. All vehicles exiting the Subject Properties, then turning left (south) onto Main Street will be directed through the Smith Lane signalized intersection via internal signage on the Subject Properties.

(1) Notwithstanding Section 230-707(7)(d) of the Saco Zoning Ordinance, an off-premise directional sign for the purpose of informing southbound motorists of access to the Subject Properties via Smith Lane will identify all uses on the Subject Properties and may be located off-site either on private property or City owned land if the parties hereto can negotiate such an arrangement. Nothing herein assures Linron, Foresite Realty, LLC or the Credit Union that the City will make land available for the location of such signage.

D. The setback for the Linron stacking lane off of Main Street is reduced from forty (40) feet to twenty-five (25) feet, thereby amending Saco Zoning Ordinance Section 230-708.C(11). E. This is a contract between four parties (City, Linron, Foresite Realty, LLC and Credit Union) which anticipates the improvement of three (3) parcels all at different times, with the parties acknowledging that Linron completed construction in 2006, and that York County Federal Credit Union completed construction in 2016. To provide assurances to all concerned, the following conditions a r e agreed to:

(1) Foresite Realty, LLC has presented a Plan titled “Dental Practice” which proposes forty-one (41)

parking spaces on its parcel as part of Phase 1 improvements, and a total of sixty-five (65) spaces at buildout. The plan shows twenty-five (25) existing spaces on the Linron parcel. The plan calls for five (5) existing spaces on the Linron parcel abutting the Foresite Realty, LLC parcel to be reconfigured and replaced with ten (10) spaces shared by the Linron and Foresite Realty, LLC parcels, acceptable per Section 230-708.C(2) of the Zoning Ordinance. Existing spaces on the York County Federal Credit Union parcel are unaffected by this plan.

(2) Said parking configuration meets the intent of the 2005 contract zone agreement. As stated in that agreement, when the Foresite Realty, LLC parcel is proposed for development, Linron will cooperate with Foresite Realty, LLC to create shared parking between the Linron and Foresite Realty, LLC parcels as envisioned and set forth in the 2005 contract zone agreement. Said shared parking spaces are to be constructed and/or paid for by the owner/developer of the Foresite Realty, LLC parcel, unless otherwise agreed to by Linron and Foresite Realty, LLC.

3. Parking and Shared Easement.

a. Linron covenants to negotiate in good faith in its effort to secure shared parking rights with Foresite Realty, LLC and/or other parties in interest (as set forth in Section F(l), their successors and assigns. This covenant constitutes an ongoing obligation that continues until construction of the rear access drive has been completed.

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b. When and if the Foresite Realty, LLC parcel is subsequently developed/improved, whether or not such development requires site plan approval, Linron will cooperate with said parties to create shared parking with and between Linron and SRLP parcels as envisioned by this agreement. Said shared parking spaces to be constructed by the owner/developer of the Foresite Realty, LLC parcel or paid for by said owner/developer of the Foresite Realty, LLC parcel.

c. a. In addition, and at said future date, Linron (subject to Section (F) (2) (d) below) will grant to Foresite Realty, LLC or its successors and assigns, and to the Credit Union or its successors and assigns, full and irrevocable permission, and an easement, to enter upon and construct across the Linron parcel the common shared access shown on earlier plans for parties to this agreement. Said easement will be for the benefit of the public for travel, for the benefit of Foresite Realty, LLC, its successors and assigns, and for the benefit of Credit Union and its successors and assigns. Said construction will not unreasonably interfere with Linron's or Credit Union's or Foresite Realty, LLC’s use of its property.

d. Foresite Realty, LLC and Credit Union, as they should negotiate, shall bear the costs of building out the shared access. In addition, Foresite Realty, LLC and Credit Union, as they negotiate, shall also pay Linron a separate fee of not less than $200,000.00 or more than $275,000.00 as additional consideration for the easement across Linron's property. Foresite Realty, LLC and the Credit Union, as they should negotiate, shall also agree upon a maintenance contract for the rear access drive.

e. Linron shall bear the burden, cost and obligation to secure a release from any and all mortgages of record encumbering Linron's property at the time of the execution of the required easement.

f. Until said shared parking is created, Linron will only be required to have 27 parking spaces for its parcel instead of 37. Based on evidence presented during 2018 review, Linron shall be required to have thirty-two (32) parking spaces, which meets or exceeds Institute of Transportation Engineers recommendations.

g. The required number of parking spaces for the Foresite Realty, LLC parcel shall be forty-one (41) for Phase 1, and sixty-five (65) at buildout, which meets or exceeds Institute of Transportation Engineers recommendations.

h. The required front yard setback for the Foresite Realty, LLC parcel shall be twenty-three (232) feet, recognizing that this is a reduction of the otherwise required front yard setback of forty (40) feet in the B-2d zone.

F. The Credit Union was permitted to replace the existing building and maintain a northwesterly sideline

setback of no less than ten (10) feet without the need for a variance during construction in 2015. The height of this addition does not exceed the maximum height allowed in the B-2d zone, thirty-five (35) feet. The new credit union building was constructed consistent with design review standards

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found in Section 729 of the Zoning Ordinance. (Amended 3/16/15)

G. The Credit Union reconstruction project completed in 2016 included an increase in the number of parking spaces from eighteen to twenty-four. required number of parking spaces for the Credit Union will be the presently existing eighteen (18) spaces consisting of one (1) space per 150 square feet of building footprint area based on a 2,280 square foot footprint rather than one (1) space per 150 square feet of floor area, as provided in Table 230-708-2. Six Seven additional parking spaces were will be added as part of the construction of the new buildingaddition referred to in the preceding subparagraph, as depicted on Exhibit A.

I H. The site plan applications submitted to the Planning Board by Linron, and by the Credit

Union, was were subject to Zoning Ordinance, Section 230-729, Design Standards.

J. There shall be no more than a single row of parking spaces between the SRLP structure and Main Street. SRLP may configure its parking so that up to 41.5%, (twenty-two (22)) of the total required number of parking spaces (fifty-three (53)) for the SRLP parcel may be located between the building and Main Street, notwithstanding Zoning Ordinance Section 708-3.9.E.

K. I. Linron and the Credit Union will be permitted to retain their existing level of signage, including area, height, composition, configuration and style of signage, but the Foresite Realty, LLC business, and its successors will be required to comply with the existing sign ordinance provisions. Each use will be treated separately for signage purposes except that the Credit Union, to accommodate the new traffic conditions, pedestrian sidewalks and the impacts of changes in the traffic improvements on the subject Properties and adjacent Main Street, U.S. Route One, may, at its option, relocate its sign or locate a similar sign in area, height, composition, configuration and style of signage at another location adjacent to or in the esplanade area on its parcel, and may as it finds necessary located internal direction signs to assist its customers to access and exit the Credit Union properly. The Credit Union's signage which is relocated shall be in place in a location acceptable to the City Planner and City Code Enforcement Officer.

L. J. The easement described herein above shall be reviewed by the City for approval, which shall not be unreasonably withheld. The easement shall assure perpetual public right to cross and re-cross the entire length of the shared drive.

M. K. City and Applicants recognize that any 'Sketch Plans' submitted for the purposes of Contract Zone consideration are limited in scope and detail. The project is subject to site plan review by the Planning Board, and to any and all permits, licenses or approvals which the project may be subject to by the Maine Department of Environmental Protection, the Maine Department of Transportation, and all other regional, state and federal agencies.

M. N. Failure of Linron or Foresite Realty, LLC to submit an applications for site plan review as proposed to the Planning Office for review, and approval by the Planning Board, within one (1) year of the approval of this Contract Zone amendment shall render this amended Agreement null and void. The existing, amended 2015 Agreement shall continue to exist if the 2018 amendment becomes moot. In the event that permits or approvals are

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delayed due to circumstances beyond the control of Limon or SRLPForesite Realty, LLC, this deadline may be extended by one (1) year six (6) months upon written request submitted by an the Applicant. The York County Federal Credit Union proposal for a fifteen (15) by sixty-six (66) foot addition to the northeasterly side of its building is subject to site plan review, but shall not be required to meet either the one year or eighteen month deadline.

OL. Except as addressed in this Contract Zone document, the project shall adhere to all other applicable provisions of the City of Saco Zoning Ordinance. All details shown on the plans and application materials submitted in connection with the contract zone application or in connection with Linron's or Foresite Realty, LLC’s site plan review applications, to date or in the future are hereby incorporated into this contract by reference. The site shall be developed in conformance with those plans and materials. Minor changes may be approved by the Planning Office of the City of Saco. If it is determined that the changes constitute a change in this Contract Zone Agreement, then the developer shall be required to obtain City Council approval of the changes.

P. M. This Contract Zone shall affect only the Subject Properties and shall bind the parties, as well as their successors and assigns.

Q. N. This contract and its provisions shall specifically and exclusively apply to the Contract Zone request submitted by the Applicants. Any proposed change of use for any of the subject properties shall be subject to site plan review by the Planning Board.

R. O. This Contract Zone, and benefits derived thereunder shall not be transferable without approval by the City Council, which approval shall not be unreasonably denied. With approval of this contract zone amendment, approval of the City Council for the transfer in ownership from SRLP to Foresite Realty, LLC is granted.

S. P. Breach of these conditions, restrictions and/or Agreement by any of the Applicants shall constitute a breach of the contract. Said breach of contract shall constitute a zoning violation, subject to enforcement action by the City of Saco.

T. Q. Upon construction of the shared, common access drive, all delivery vehicles will be directed to enter the subject properties over Smith Lane or by turning right from Main Street into the subject properties.

This Contract Zone, specifically and exclusively for the parcels at 477 Main Street (Credit Union), 485 Main Street (Foresite Realty, LLC) and 491 Main Street (KFC), would allow the Applicants to develop the subject parcels with the limitations and modifications as proposed above, subject to the above conditions and restrictions.

Pursuant to authority found in 30A Section 4352 (8), and the City of Saco Zoning Ordinance, Section 230-1403, and after a requisite recommendation from the Saco Planning Board on May 1, 2018, and by vote of the Saco City Council on June 18, 2018 the following findings are hereby adopted:

A. City Tax Map 33, Lot 6, Map 33, Lot 7, and Map 33, Lot 9 are parcels of an unusual nature

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and location, for the following reasons:

1. The three parcels are contiguous parcels bordered by Main Street and Smith Lane. A common rear drive accessible to all three parcels can only be constructed with the mutual participation and cooperation of the owners of all three parcels. That mutual undertaking is possible only if the property owners are able to retain the ability to operate and undertake reasonable expansion of their businesses. If development is not able to proceed consistent with the proposed contract zone, reconstruction on the KFC property consistent with current zoning will eliminate the opportunity to construct a common rear access by which all three parcels can access Smith Lane's signalized intersection.

2. The three parcels are configured in such a way as to limit Main Street access for all three

parcels to a single curb cut.

3. Such shared access and limited curb cuts are necessary and appropriate given the significant traffic accessing the area, and using the U.S. Route 1 corridor, and will substantially aid traffic flow, reduce accidents, and thereby advance the public welfare.

B. The proposed rezoning is consistent with the Saco Comprehensive Plan, based on the following goals:

Section 2A Local Economy Goals, Policies and Strategies. State Goal:

1. To promote an economic climate that increases job opportunities and overall economic well-being. • The proposed development of the parcel is an infill of a vacant parcel that provides for new

economic benefit. The proposed building will be for an existing growing dental practice with a long history in the community. That will provide opportunities for skilled practitioners. Additional space will also provide for new business opportunities.

Local Goals: 1. To increase the number and quality of jobs available in Saco.

• Biddeford-Saco Dental Associates is developing this project to provide space to support their

growing practice that will provide opportunity for new business to locate to or expand in Saco. 2. To diversify the mix of firms/jobs and to avoid dependence on single sectors.

• Biddeford-Saco Dental Associates will provide additional opportunities for professional skilled practioners. Additional space for development may be supporting practices in the field of dentistry or professional offices.

3. To increase the commercial tax base of the City.

• The redevelopment of this property, which has been vacant for over a decade, will now add significantly to the City tax base.

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4. To ensure that new commercial and industrial development occurs in a way that is visually and

environmentally sound and that protects established residential neighborhoods. • Biddeford-Saco Dental Associates is proposing to construct a new two story building with an

architectural character that draws upon the historic character of downtown Main Street. The placement of the building along Main Street with parking to side and rear will create a street presence with the building performance and enhanced landscape.

Comprehensive Plan Policies 3. Attracting new businesses to Saco and accommodating the growth of existing businesses will require

that the city continue to fund a robust economic development program. The City’s efforts should continue to include the judicious use of the State’s development district legislation statues including tax increment financing (TIF) and other financial incentives, including but not limited to economic development grants to fund locally imposed impact and permit fees for significant development projects when these are needed to make a project viable, attract a project to Saco, and/or will result in the creation or retention of good quality jobs.

• The proposed Biddeford Saco Dental Associates development will provide retention of an

existing dental practice that has served the community for decades. The new facility will provide opportunity to expand this practice, creating new skilled professional positions. In addition, the future development of the second floor (Phase II) for professional office and/or supporting medical/dental practices will increase opportunities for retention and/or bring new professional jobs to the City.

5. The Route One corridor from Thornton Academy north to the I-195 spur functions as a community

commercial center. The city should work to improve visual appearance of this area. In addition, efforts should be made to upgrade traffic flow and to improve access to and from adjacent properties and neighborhoods. This effort should be guided by the access management principles endorsed by the City in the Main Street Access Study, February 2005, and subsequent reports.

• The proposed Biddeford Saco Dental Associates development accomplishes goals stated

above. The design and massing of the proposed building will provide a strong presence within the corridor. The intended architectural design draws from the historical character of buildings in the downtown. Parking has been located to the side and rear of the building, allowing the architecture to provide the street parking. In addition, on-site circulation will provide interconnectivity between the York County Federal Credit Union, this parcel and KFC that will direct most vehicular traffic to the traffic signal of Smith Lane and Main Street, Route one. A right turn in right turn cut from Main Street will restrict south bound making a left turn resulting in traffic backup.

The conditions proposed are sufficient to meet the intent of Section 230 -1403 Contract Zoning, of the Saco Zoning Ordinance. Based on the above findings, conditions and restrictions, the City Council hereby incorporates this Contract Zoning agreement into the Saco Zoning Ordinance by reference. By signing this contract, the parties agree to abide by the conditions and restrictions contained herein.

EXHIBIT ITEM: 1

17


Adopted by the Saco City Council on October 18, 2010.

Amended by the Planning Department as approved by the City Council on March 16, 2015.

Approval granted by the City Council for a further amendment on June 18, 2018.

_______________________________ __________________________________ Kevin L. Sutherland, City Administrator Jacob Roskelley

Foresite Realty, LLC

EXHIBIT ITEM: 1

18

Exhibit Item 2

19

Addr1 Addr2 City State Zip13 ACADEMY PL UNIT #32 SACO ME 040725 ACADEMY PL UNIT #58 SACO ME 040726 ACADEMY PL UNIT 13 SACO ME 0407241 CLEVELAND ST SACO ME 040727 ACADEMY PL UNIT #54 SACO ME 040726 ACADEMY PL UNIT10 SACO ME 040723 ACADEMY PL 68 SACO ME 04072PO BOX 7697 PORTLAND ME 04112-76974 ACADEMY PL UNIT 8 SACO ME 040725 ACADEMY PL UNIT #60 SACO ME 040726 ACADEMY PL UNIT 12 SACO ME 040728 ACADEMY PL #22 SACO ME 04072200 4TH AVE S. #428 ST PETERSBURG FL 3370111 ACADEMY PL 37 SACO ME 040729 ACADEMY PL UNIT NO 48 SACO ME 0407213 ACADEMY PL 28 SACO ME 040728 ACADEMY PL 21 SACO ME 040729 ACADEMY PL 44 SACO ME 040727 ACADEMY PL 50 SACO ME 040723 ACADEMY PL 72 SACO ME 040726 ACADEMY PL UNIT 11 SACO ME 0407211 ACADEMY PL 33 SACO ME 0407211 ACADEMY PL UNIT #39 SACO ME 040729 ACADEMY PL 43 SACO ME 040727 ACADEMY PL UNIT #53 SACO ME 0407220 PROVENCHER DR LIMERICK ME 04048119 ROBINSON RD SIDNEY ME 043303 ACADEMY PLACE, UNIT 69 SACO ME 040727 ACADEMY PL 56 SACO ME 0407211 ACADEMY PL UNIT #38 SACO ME 04072PO BOX 506 SACO ME 040724 ACADEMY PL UNIT 4 SACO ME 0407213 ACADEMY PL #29 SACO ME 040723 ACADEMY PL 70 SACO ME 040728 ACADEMY PL #19 SACO ME 040726 ACADEMY PL 9 SACO ME 040728 ACADEMY PL UNIT #20 SACO ME 040723 ACADEMY PL 66 SACO ME 0407211 ACADEMY PL 35 SACO ME 040725 ACADEMY PL 57 SACO ME 040725 ACADEMY PL UNIT #61 SACO ME 040728 ACADEMY PLACE UNIT#17 SACO ME 04072105 BRICK MILL RD BEDFORD NH 0311011 ACADEMY PL UNIT #34 SACO ME 0407213 ACADEMY PL 26 SACO ME 040727 WHITES POND PALMYRA ME 04965

Exhibit Item 3

20

13 ACADEMY PL UNIT #30 SACO ME 04072PO BOX 206 HOLLIS ME 040423 ACADEMY PL UNIT #71 SACO ME 040727 ACADEMY PLC UNIT 52 SACO ME 0407275 GARNET RD ROXBURY CT 0678339 HUBBARD ST SACO ME 040725 ACADEMY PL 62 SACO ME 04072PO BOX 740 SACO ME 040728 ACADEMY PL #23 SACO ME 0407213 ACADEMY PL SACO ME 0407212 BROOK ST WELLESLEY MA 0248211 ACADEMY PL UNIT #36 SACO ME 040726 ABBY LN BIDDEFORD ME 04005P.O. BOX 283 SACO ME 04072438 MAIN ST SACO ME 040729 ACADEMY PL 46 SACO ME 040724 ACADEMY PL 7 SACO ME 04072PO BOX 452 ALFRED ME 04002-0452PO BOX 29046 PHOENIX AZ 850387 ACADEMY PL #49 SACO ME 040723 ACADEMY PL UNIT #65 SACO ME 040726 ACADEMY PL #14 SACO ME 040721516 MAIN ST SANFORD ME 040739 ACADEMY PL # 45 SACO ME 04072

Exhibit Item 3

21

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24

(TABLED TO JUNE 4, 2018) AGENDA ITEM: C

Date: May 21, 2018

MEETING ITEM COMMENTARY AGENDA ITEM: Volunteer Citizen Work off Program Guideline Changes and

Annual Approval COUNCIL RESOURCE: Councilor Copeland STAFF RESOURCE: Kevin Sutherland, City Administrator

Glenys Salas, Finance Director

BACKGROUND: This year marks the ninth year of the City’s Volunteer Senior Tax Work off Program. This program has successfully connected Senior Citizens with City Departments to provide support to the assigned department. In exchange for their assistance with various tasks, the volunteer earns tax abatement credits toward their property tax bill.

Based on a review of the needs of the program and in the interest of improved disclosure on benefits for the purpose of state and federal reporting, the Guidelines should be updated as detailed in the attached document.

We are requesting the approval for up to 50 participants for fiscal year 2018/2019. Upon completion of a minimum of 59 hours of service, each participant is eligible for a tax abatement of $599. This item was ordered to be tabled until June 4, 2018.

EXHIBITS: 1. Volunteer Program Guidelines City Code – Chapter 220, Article I. RECOMMENDATION: City staff recommends approval. SUGGESTION MOTION: “I move to un-table the Volunteer Citizen Work off

Program Guideline changes and annual approval tabled to June 4, 2018, and be it ordered that the City Council authorize up to fifty (50) Senior Abatements pursuant to City Code, Chapter 220, Article I, Volunteer Citizen Work off Program for fiscal year 2018-2019 and further approves the changes made to Chapter 220, Attachment 1 “Volunteer Programs” as outlined in the attached exhibit item.


25

https://ecode360.com/13304522

220 Attachment 1:1 05-21-18

VOLUNTEER PROGRAMS

220 Attachment 1

City of Saco

Work Volunteer Program

Guidelines [Amended 4-7-2014 5-21-2018]

A. Applicability. This policy shall apply to the administration of the City Code Chapter 220,

Article I, Volunteer Citizen Work-off Program.

B. Purpose. The purpose of these guidelines is to administer Chapter 220, Article I, of the City

Code (see § 220-1). The City of Saco understands that the State of Maine sponsored tax

rebate program may in certain instances still not grant the amount of property tax relief for

families and individuals that may be necessary. Therefore, the City of Saco has by ordinance

adopted the volunteer program. The program guidelines are as follows. C. Eligibility

guidelines.

(1) Participant must be age 60 on or April 1 of the first year of eligibility.

(2) Participant must be a legal resident of the City of Saco.

(3) Participant must be the owner of record as of April 1 and reside in the dwelling the

abatement will be applied to.

(4) Limited to one abatement per household with respect to this program.

(5) Participant’s household income cannot exceed the average median income for the

State of Maine as published by the Federal Department of Housing and Urban

Development (See source at end of document.), and the annual tax bill must be more

than 4% of household income (based on previous year’s gross income).

***Due to the limited resources available to the City of Saco, annual participation is not

guaranteed. Annual participation will be based on the amount of funds certified to the Assessor

by the City Council on an annual basis. Applicants will be selected on a needs basis.*** D.

Annual procedures.

(1) The City Assessor is the Program Administrator. The Program Administrator sets the

range of dates defining the program year.

(2) Upon the request of the Program Administrator, departments will request the number of

volunteers they would like for the upcoming program year.

(3) On or about April 1, the City Council will certify to the Assessor the amount of funds

to be added to the commitment overlay for the ensuing year.

220 Attachment 1:1 03 - 01 - 2015


Date: May 21, 2018 Exhibit Item: 1

26

220 Attachment 1:2 05-21-18

SACO CODE

(4) Application deadline is set by the Program Administrator.

(5) All work must be completed by the end of the program year.

(6) Applicant’s certification for work will be done by the Human Resource Department as

is typical for any part-time employee.

(7) The abatement will be distributed once at the conclusion of the participant’s volunteer

hours or at the end of the program year.

(8) An annual report will be submitted by the Program Administrator to the City Council

on or about April 1.

E. Volunteers are responsible for all federal or state tax reporting of tax abatement benefits that

accrue to them from the program. F. Human resource procedures.

(1) Taxpayers performing services in return for property tax reduction shall be considered

“volunteers” and will be covered under the City’s liability insurance. The City will

therefore be liable for damages for injuries to a third party or if the City and/or City

employee causes damage to the volunteer.

(2) As part of the application process the taxpayer/volunteer shall complete a form

indicating information to conduct a background reference check: full name (including

maiden name), date of birth, address and social security number.

(3) Volunteers shall not drive City vehicles.

(4) This shall not constitute regular or part-time employment with the City of Saco nor shall

it constitute a contract.

(5) Volunteers shall complete a W-4 withholding form.

(5) The City of Saco will issue a letter annually to each volunteer with the amount of benefit

received.

220 Attachment 1:2 03 - 01 - 2015


Date: May 21, 2018 Exhibit Item: 1

27

AGENDA ITEM: C Date: June 4, 2018

MEETING ITEM COMMENTARY AGENDA ITEM: Budget Amendment #14 – FY 2018 School Budget COUNCIL RESOURCE: Councilor Copeland STAFF RESOURCE: Kevin Sutherland, City Administrator

Glenys Salas, Finance Director

BACKGROUND: In July of 2017 (current fiscal year), the state allocated additional monies to education. Because of the timing of our budget referendum and the language in Saco’s warrant, it was determined that 50% of the funding was to be used for property tax relief and the other 50% was at the discretion of the School Board.

While the assessor made the adjustment as part of the levy amount ($355,000) in the state required document and the dollar amount currently being allocated to the school reflects this figure, Council action is still required to show the change in funding for the state’s records.

This action will have no impact on the current school budget (or for FY19), it is recognition that Council supports the use of additional state aid as tax relief.

EXHIBITS: 1. Budget Amendment

Previously provided in workshop - May 21, 2018(see page 77) Memo from City Administration

RECOMMENDATION: City staff recommends approval. SUGGESTED MOTION “Be it ordered that the City Council approve the first

reading of ‘Budget Amendment #14 and move to schedule and second and final reading for June 18, 2018”. “I move to approve the order”.

28

http://cms.revize.com/revize/saco/5-21-18%20Council%20Agenda%20and%20Packet%20(page%20numbers).pdf

BUDGET AMENDMENT REQUEST FORM 5/30/2018 1

CITY OF SACO BUDGET AMENDMENT REQUEST FORM

REVENUE & APPROPRIATION

AMENDMENT #14 FY2018

Date

Department

June 4, 2018 School Department Name of Account

Account Number

Current Budget 2017-2018

Received to Date

Adjustment Request

Amended Dept. Total

School Department

10580/500802 $24,061,762 $0 $(355,000) $

Net change $0 Notes: Finance Director certifies that funds are available: Signature: Date: 5/29/18 Comments from Administration: This action has no impact on the mill rate. This had previously been accounted for by the Assessor and the School department when the state provided additional funding for Saco Schools. At least 50% of that funding had to be for property tax relief. It has been brought to our attention that Council action is required for the state’s records and accounting standards. Approved by City Council Date:

29

AGENDA ITEM: D Date: June 4, 2018


AGENDA ITEM: Approval of the Beach Management Agreement STAFF RESOURCE: Kevin L. Sutherland, City Administrator Patrick Fox, Public Works Director Brandon Pettit, Grants and Projects Specialist COUNCIL RESOURCE: Councilor Lynn Copeland BACKGROUND: To get sand from the dredging project in the Saco River placed on

Camp Ellis, the City of Saco will have to reach an agreement with the U. S. Fish and Wildlife Service and the Maine Department of Inland Fisheries and Wildlife. It will also require some changes to our current ordinances. Our intent is get the attached beach management agreement in place and begin the process of updating the ordinances to be in effect before the dredging begins (one more summer “as is”).

EXHIBITS:

1. Draft Beach Management Agreement 2. Ordinance Changes

RECOMMENDATION: Staff recommends the acceptance of the beach management

agreement. SUGGESTED MOTION: “Be it ordered that the City Council authorize the City Administrator to enter

into the Beach Management Agreement, as drafted.”


30


Exhibit Item: 1 Beach Management Agreement between the U. S. Fish and Wildlife Service, Maine Department of Inland Fisheries and Wildlife, and the City of Saco. Regarding Beach Management at Ferry Beach, Saco, for the Benefit of Piping Plovers, Least Terns, Red Knots, Roseate Terns, and Migratory Shorebirds Date 07/ /2018

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Exhibit Item: 1

Saco Beach Management Agreement

2018 through 2021 In 2018, representatives of the City of Saco (the "City"), U.S. Fish & Wildlife Service (USFWS), and Maine Department of Inland Fisheries and Wildlife (MDIFW) (collectively the "Parties"), developed the following Beach Management Agreement (the "Agreement" or "BMA") for Ferry Beach in Saco, Maine. It is recognized that Ferry Beach is a multiple-use, natural resource with a significant appeal as a tourist destination and a vital economic component of the Saco community. As such, the demands for intensive recreational use by residents and visitors must co-exist with the City’s obligations and desire to preserve piping plover and other endangered species habitat. The USFWS recommends the City follow the “Guidelines for Managing Recreational Activities in Piping Plover Breeding Habitat on the U.S. Atlantic Coast to Avoid Take Under Section 9 of the Endangered Species Act” as published by the USFWS. These guidelines form the basis for much of this agreement, and a copy is attached (Appendix X). The intent of this agreement is to implement measures that will protect piping plovers (a federal threatened species and state endangered species), least terns (a state endangered species), red knots (a federal threatened species), roseate terns (a federal threatened species and state endangered species), and other migratory shorebirds on Ferry Beach from predator and human-related activities and harm. Success of this agreement depends on the participation and cooperation of the City, USFWS, and MDIFW. This agreement does not supersede or replace any local, state, or federal statutes, regulations, or guidelines that apply to private properties. IMPORTANT! This agreement is in effect annually from April 1 through November 15. Many provisions, however, are triggered only if piping plover or least tern nesting activity is occurring. Nesting activity is defined as when territorial pairs, nests, and chicks of piping plovers or least terns are present. The piping plover and least tern nesting season is defined as April 1 to August 31. When nesting activity is not occurring on the City’s beaches, certain provisions of these guidelines are not in effect. Certain provisions of this agreement are triggered when migrating red knots are present from April 1 to November 15 to protect feeding and roosting areas for the red knot and other shorebirds. The City must keep in weekly communication with MDIFW or its designee to know when piping plover or least tern nesting activity is occurring. MDIFW will verify when nesting activity is occurring and will make the final determination when nesting activity is not occurring. Refer to Appendix 1 for contact information. This agreement allows the City to continue its beach management program without requesting a state Incidental Take Plan (ITP) from the MDIFW for each City activity that occurs near or within Piping Plover nesting areas, so long as the City implements protection measures

32


Exhibit Item: 1 outlined in this agreement. Compliance with this agreement exempts the City from Essential Habitat regulations for activities specifically addressed in this agreement, to include: Trash Pickup, Beach Cleaning, Recreation Activities, and Lifeguard Duties. In summary, the BMA is a blueprint for stewardship of the endangered piping plovers, least terns, and red knots at Saco Beach and precludes these responsibilities of the Maine Endangered Species Act (12 MRSA 12803), as long as the City implements applicable protection measures outlined in this agreement. **There is an incentive for the landowners on Ferry Beach and the City to promote the nesting success of piping plovers because the birds that nest successfully in April or May will fledge their chicks by mid-to-late June or early July, thus removing restrictions on the beach. However, if earlier nesting fails, or the birds are forced to nest late, the nesting and chick rearing season will extend into July and August, the peak summer months for beachgoers. I. Introduction Protection of Threatened and Endangered Species The Federal Endangered Species Act (ESA) and Maine Endangered Species Act (MESA) provides certain protections for threatened and endangered species. Piping Plovers (Charadrius melodus) and Least Terns (Sterna antillarum) Piping plovers are listed as threatened under the ESA and endangered under the MESA. Least terns are listed as endangered under the MESA. Piping plovers nest annually on Ferry Beach in Saco on property that is part of the Rachel Carson National Wildlife Refuge (RCNWR) at Kinney Shores, abutting Goosefare Brook. There was also a nesting attempt in 2014 on the shoreline in front of Ferry Beach Park Association. Also, in 2014 piping plovers that nested in Old Orchard Beach brought their chicks to Ferry Beach to raise them. No nesting has been documented in recent years along the Camp Ellis portion of Ferry Beach, likely due to habitat loss (by erosion) and human activity. However, piping plovers (likely from Goosefare Brook) are regularly observed foraging at Camp Ellis. Plover nesting in Saco is monitored by staff from RCNWR and Maine Audubon. Beaches abutting Goosefare Brook are identified by the MDIFW as Essential Habitat for Piping Plover and Least Terns. Stratton Island in Saco Bay supports a large nesting colony of Least Terns. Piping plovers are small, sand-colored (gray, white and brown) shorebirds that nest on, coastal beaches from South Carolina to Newfoundland. Piping plovers winter along shorelines of the southern Atlantic coast, the Bahamas, and the Gulf of Mexico. They begin returning to sandy nesting beaches in mid-March, generally reaching Maine by early April. Nesting habitat consists of sandy beaches, sand flats at the ends of barrier islands, gently sloping foredunes, sandy patches created by blowouts in frontal dunes, and wash over areas in frontal dunes. Nests are situated above the high tide line, and consist of a shallow scraped depression in

33


Exhibit Item: 1 the sand (or in shell and pebble cobble). The nest site usually has sparse vegetation, or none, and occasionally is under stands of American beach grass. Adults typically lay a clutch of four eggs; eggs are incubated for 27-28 days after egg laying is complete. Chicks are precocial and can run and forage shortly after hatching; they remain with the adults until they are able to fly (fledge) at 25 to 35 days. If disturbance causes the adults to abandon a nest, a pair will commonly re-nest once at the same or different location. For this reason, although most chicks have fledged by the end of July, flightless chicks may be on the beach until late August if initial nesting is disturbed. Plovers feed on invertebrates such as marine worms, fly larvae, beetles, small crustaceans or mollusks. Feeding areas range from intertidal flats up to the high tide wrack line and shorelines of lagoons, salt marshes and coastal ponds. The importance of various feeding habitat will vary by location, and by the stage of the breeding cycle. Feeding habitats are often (but not always) contiguous to nesting habitats, and feeding can occur at all hours of the day and night, and at all tidal stages. Successful foraging (feeding) is especially important to hatchlings as they must triple their weight within the first two weeks after hatching in order to survive. Chicks that have not attained 60% of the needed weight gain by day 12 post hatch are unlikely to survive. Such losses are a significant setback to endangered species programs which continue their work until specific population increases and other recovery criteria have been attained. Habitat loss and lack of undisturbed beach settings that support nest sites are two of the primary factors jeopardizing populations of piping plovers and least terns. Historically, Maine had more than 30 miles of suitable nesting beaches that may have supported up to 200 pairs of piping plovers. However, the construction of seawalls, jetties, piers, homes, parking lots, and other structures along Maine’s sand beaches has dramatically reduced the extent of suitable nesting habitat. The capability of the remaining habitat to support nesting plovers is further reduced by continued development, unnaturally concentrated predation, and intense recreational use. Ensuring the availability of the remaining limited habitat is essential for the continued existence of piping plovers, least terns, and migratory shorebirds including red knots. Management and monitoring of the piping plover and least tern populations in Maine began in 1981. Ferry Beach was regularly surveyed, and there are no records of piping plovers nesting at this beach between 1981 and 1998. There are no records of least terns nesting on Ferry Beach in recent years, although they probably did historically. Beach conditions at the mouth of the Saco River were ideal habitat prior to building the jetties and developing the beachfront. Even in the 1980s, habitat conditions were better than they are now for nesting, but Maine's piping plover and least tern populations were small during this time. In response to management, Maine's piping plover population began to expand in the early 1990s. Piping plovers first nested on Ferry Beach in 1999. Between 1999 to present one or two pairs sporadically nested on Ferry Beach (in 1999, 2006, 2007, 2014, 2016, and 2017). Productivity has been poor with just one or two chicks fledged in each of these years. In addition, since 1999 one or two pairs of piping plovers

34


Exhibit Item: 1 have consistently nested on Ferry Beach at the mouth of Goosefare Brook in an area managed by RCNWR. In recent years, piping plovers nesting on Old Orchard Beach crossed Goosefare Brook to raise their chicks on Ferry Beach. During the summer, piping plovers feed along the entire beach, and plovers nesting in Canada likely use Ferry Beach during spring and fall migration. Least terns do not currently nest on Ferry Beach because of the poor habitat conditions and high human use of the beach. However, starting in 2005 they began to nest on a small beach on nearby Stratton Island in Saco Bay. Since that time, between 18 and 113 pairs have nested there. Least terns feed on small fish in shallow water and river mouths. Thus, they are frequently seen foraging along Ferry Beach and the mouth of the Saco River. They sometimes rest or loaf on Ferry Beach and the Saco jetty. Rufa Red Knot (Calidris canutus rufa) The red knot is a shorebird that is federally listed as threatened and is on the State species of special concern list. The rufa red knot is an extraordinary bird that each year migrates thousands of miles from Arctic breeding grounds to wintering areas located in South America. These birds rely on Maine’s coastal habitats to rest and refuel during migration. Red knots use the Saco shoreline for feeding and resting during long distance migrations. In the spring (April-June) small numbers of red knots may use Saco Bay beaches during their northward migration to their nesting areas in the Canadian arctic. During southward migration (mid-July to October) larger numbers of red knots are observed feeding and roosting in the Saco Bay and Biddeford coastal habitats. The Camp Ellis jetties offer roosting habitat while the intertidal zone offers critical feeding habitat. During a stopover of several days, red knots need to double their body weight to fuel the next leg of their journey a nonstop flight to South America. Small numbers are observed annually in the Ferry Beach area. However, during October 20-28, 2017 flocks of 21-35 red knots used Biddeford Pool and Hills Beach area and likely used the Saco jetties as their high tide roost. In 2013, twenty-six red knots were recorded roosting on the Camp Ellis Jetties on October 6 (MDIFW unpublished data). Roseate Terns (Sterna dougallii) Roseate terns are federally listed as threatened and state listed as endangered. Roseate terns occasionally are observed feeding at the mouth of the Saco River. They nest on Stratton Island in Saco Bay. The jetty and outlet of the Saco River also provides roosting and feeding habitat for roseate terns during post breeding and migration. Protecting the red knot and roseate terns from disturbance while they roost on the jetty and feed in the intertidal and mouth of the river should be sufficient protection, when present. The jetty design offers a jumbled rock surface that already discourages people from exploring it. Additionally, signage will be provided to inform beachgoers that they are to stay off the jetty from July 15th through November 15th.

35


Exhibit Item: 1 Maine’s largest roseate tern nesting colony is on nearby Stratton Island in Saco Bay. This island is owned by the National Audubon Society and is managed each summer for nesting seabirds, wading birds, and waterfowl that nest there. The island is also heavily used by migrating birds. Typically, 80 to 110 pairs of roseate terns nest annually on Stratton Island. Roseate terns feed in shallow water areas and river outlets. Thus, they are commonly observed (with least, common and arctic terns) feeding along Ferry Beach and are sometimes observed resting on the beach or the Saco jetty. Army Corps of Engineers Projects Beach erosion has been severe at the southern end of Ferry Beach at Camp Ellis since the 1960s causing the habitat to diminish for people, piping plovers, least terns, and red knots. In 2018, the Army Corps of Engineers proposed to dredge the Federal Navigation Channel in the lower Saco River and place about 60,000 cubic yards of sandy dredging material on Ferry Beach at Camp Ellis. The Corps also has proposed a project to construct a spur jetty to reduce shoreline erosion at Camp Ellis. As part of this project, 400,000 cubic yards of sand from an inland source would be placed on about 3,250 feet of Ferry Beach at Camp Ellis and northward of the jetty. Both of these projects would be expected to improve habitat conditions for nesting piping plovers and migrating red knots on Ferry Beach. A wider beach may attract nesting least terns. Improved beach habitat will also provide roosting and feeding habitat for red knots and migrating shorebirds. People and their pets, piping plovers, red knots, and possibly least terns will be attracted to a wider, more attractive beach. Unless actions are taken to reduce potential conflicts between human activities and pets, nesting piping plovers and least terns could be exposed to humans and their pets and have poor nesting success. The ecological benefit of the disposal of dredged sand on Ferry Beach will not be fully realized. The Army Corps of Engineers consulted with the U. S. Fish and Wildlife Service as required by the federal Endangered Species Act. To avoid adverse effects to piping plovers and red knots, the Army Corps agreed that the City of Saco would develop and abide by a Beach Management Agreement that adheres to the Service’s 1994 “Guidelines for Managing Recreational Activities in Piping Plover Breeding Habitat on the Atlantic Coast to Avoid Take Under Section 9 of the Endangered Species Act.”1 Maine has very limited beach nesting habitat. Once fully nourished, Ferry Beach could become an important nesting habitat for piping plovers and least terns and a migratory staging area for red knots and other shorebirds, just as the nourishment of Western Beach in Scarborough increased the nesting success of piping plovers and least terns. With optimal habitat conditions, this beach could support 3 to 5 pairs of nesting plovers and 40 to 50 pairs of nesting least terns. In 1997, MDIFW designated the northern portion of Ferry Beach near Goosefare Brook as a mapped Essential Habitat for piping plovers and least terns.

1 Letters from the U. S. Fish and Wildlife Service to the Army Corps of Engineers dated December 16, 2010, August 5, 2014, and July 5, 2016.

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Exhibit Item: 1 Besides the 12 public access points and the 500 square feet of Beach that the City owns and maintains, private property owners along the beach own and maintain the remaining beach to the low-tide line. To fully comply with this agreement, prior to beach nourishment and by September 2018, the City will require all landowners that will receive sand covered by this beach agreement to sign beach management agreements in perpetuity to allow access and management of the beach. A sample management agreement is provided in Appendix X. The City will be responsible for maintaining a list of landowners and securing new beach management agreements as real estate transactions occur. Beach activities can be sources of direct and indirect mortality to piping plovers, least terns and their chicks. Disturbances that deter feeding can prevent the young from achieving the necessary growth to successfully fledge. Pedestrians and their pets can easily walk on nests without noticing and crush eggs, or may flush adults off of eggs. Eggs that are exposed to excessive chilling or overheating may fail to hatch, or have delayed development. Dogs may chase adults, destroy eggs and kill chicks and adults. Fireworks and kites are especially disturbing to plovers and may cause nest abandonment. For shorebirds foraging on the intertidal flats, disturbance by people and harassment by dogs is physiologically costly to the birds at a time when their bodies are depleted. Significant public education and a strict leash law is needed during this period required.

Purpose of this Agreement The City of Saco is implementing this beach agreement for the area stretching from the Jetty to Goosefare Brook to properly care for the beach’s geology and all its natural wildlife resources. Thus, the purpose of the plan is four-fold: 1. Insure protection of endangered and at-risk wildlife; 2. Meet regulation standards; 3. Enable future beach nourishment; 4. Safe guard all natural flora, fauna, and geology so that Saco continues to honor and embrace Maine’s largest creator of economic value. The purpose of this beach agreement is to implement measures that will protect piping plovers, least terns, red knots, roseate terns and other migratory shorebirds on Ferry Beach. Experience from many decades of management in Maine shows that this can be accomplished by minimal management of human-related activities and managing pets and other predators The Parties agree and understand that success of this agreement will require the cooperation and collaboration of all the parties to this Agreement. Additionally, the Parties understand that although the City owns a portion of Ferry Beach, allows and encourages public use of the beach, the City cannot control the acts of persons who may use the beach. Nothing in this Agreement is intended to nor shall create liability on behalf of City for the acts of persons using Ferry Beach. The intent of this agreement is to have the Parties work together to protect piping plovers, least terns, red knots, roseate terns and migratory shorebirds on Ferry Beach. The success of this

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Exhibit Item: 1 agreement depends on the voluntary participation and cooperation of the City and the residents of Ferry Beach. The City and private owners of Ferry Beach are encouraged to take a stewardship role in protecting and enhancing the natural resources associated with their beach. II) Authority to Enter Agreement Maine Endangered Species Act of 1975 Federal Endangered Species Act of 1973 Natural Resources Protection Act [38 M.R.S.A] of 1988

III) Geographic Scope of Agreement

The area under this Agreement is the entire beachfront on Ferry Beach commencing from the north jetty along the Saco River at Camp Ellis northward to the Saco-Old Orchard Beach town line at Goosefare Brook. The beachfront is defined to be from the frontal dunes as defined under 06 096 CMR 355(3) (U) but excluding developed areas, and extending to the mean low water line. The success of this agreement depends on the voluntary participation and cooperation of private landowners, the City, USFWS, and MDIFW. Private property owners will be encouraged to take advantage of the City’s willingness to assist them with resource management applicable to their property.

This agreement does not supersede or replace any local, state, or federal statutes, regulations, or guidelines that apply to private properties.

IV) Beach Management Guidelines for Piping Plovers, Least Terms, Red Knots, Roseate Terns and Migratory Shorebirds

The City will manage Saco’s beaches and associated habitats in accordance with Federal and State regulations with the appropriate assurances/easements from beach homeowners in place. Opportunities exist to partner with several local organizations to conduct outreach to the community. Within Saco, there are the Ferry Beach Park Association and Ferry Beach Ecology School. Saco will work with surrounding communities within Saco Bay to provide consistent and cost-effective beach management practices.

A) Management of piping plover and least tern nesting areas. Disturbance by humans and their pets and predation by crows, gulls, foxes, dogs, and cats are a major sources of nest failure for piping plovers and least terns. The MDIFW and USFWS use several methods to protect nesting plovers and terns. For example, nest exclosures help to protect adult piping plovers and their eggs from pets and predators until they hatch. It is not practical to place nest exclosures around individual least tern nests. Chicks and adults of both

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Exhibit Item: 1 species are vulnerable when they leave the nesting areas. Sometimes, predators must be deterred or removed from nesting areas.

Temporary fencing and signage is used to manage activity on the beach in the vicinity of plover nesting areas, and to protect nesting and feeding habitat for the plovers. Likely nesting areas on Ferry Beach should be monitored frequently in April and May (minimum of three times/week) until nests are located. Symbolic Stake-and-Twine Fencing: Symbolic fencing is temporary fencing and signage used to manage recreational use of the beach in the vicinity of plover nesting areas to protect nesting and feeding habitat for the plovers. Ideally, plover nesting areas will be fenced and signed as soon as courtship and nest scraping activity are observed.

a) Plover nesting areas are fenced using wooden stakes, baling twine, and signs erected by the MDIFW or its designee. Only persons engaged in piping plover monitoring should enter the fenced areas. Ideally, fenced areas should extend 150 feet along the wrack line on either side of the nest.

b) Fenced areas around nests may be smaller than 150 feet if MDIFW or its designee, determines that the birds are accepting of human activity. In other instances, fencing may be expanded if the 150-foot radius is deemed inadequate to protect incubating adults and unhatched eggs. In many instances, fenced areas may encompass more than one nest.

c) Nesting territories shall be monitored frequently (daily if possible) until nests are located. Symbolic fencing shall remain on the beach until all chicks in the vicinity have fledged.

Nest Exclosures: Nest exclosures are one of the most effective means to protect adult plovers and their eggs from predators and pets. Nest exclosures consist of 2 x 4 inch welded, wire fence supported by metal stakes placed around piping plover nests in an eight-foot radius. Plover nests that are not quickly fenced are vulnerable to predation and disturbance. When piping plover nests are present, the City of Saco, in conjunction with MDIFW or its designee, will create or arrange for the placement of an exclosure around such nests in accordance with USFWS guidelines and authorization issued by MDIFW.

Electric fencing: So called “smart predators” learn to dig under nest exclosures or harass nesting plovers and terns from outside the exclosure. In these instances, electric fencing is a viable nonlethal predator management option. A single strand of electric fencing is placed around the outside of the nest exclosure. Electric sheep fencing is the only nonlethal option to protect a least tern nesting colony from mammalian predation. Use of electric fencing will be done with permission of landowners. Electric fencing will always be placed within stake and twine fencing and will have appropriate warning signs. All material will be provided and maintained by the MDIFW and removed immediately after they are no longer needed. Predator management: Sometimes the aforementioned methods are not sufficient to address serious predator concerns. Loss of adult plovers and terns is of particular concern. In some instances, the MDIFW and USFWS may contract with the U. S. Department of Agriculture,

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Exhibit Item: 1 Wildlife Services (USDAWS) to help manage predators. USDAWS will always conduct predator management only with permission of landowners. The City of Saco City Administrator will be consulted and notified of predator management activities. Pets will be returned to owners or taken to the animal shelter.

Landowner relations: In an effort to afford piping plovers and least terns the immediate protection they require, the City of Saco will require beachfront landowners to sign a blanket permission form approving fencing of plover nests and inform them of possible predator management activities. To minimize inconveniences to landowners, nest exclosures and stake and twine shall be removed by MDIFW or its designee when plover nesting is completed. With landowner permission, some stake and twine may remain into September or October to protect important staging and roosting areas for red knots.

B) Monitoring. Piping plover nesting areas shall be monitored by city employed Piping Plover Coordinator and volunteers each week (minimum of 3 times/week) throughout the nesting season to ascertain nesting status, number and location of nests, nest success, whether adults and hatchlings are present, and any re-nesting. Frequent visits will track the survival and movements of family groups.

Responsibilities of the Piping Plover Coordinator include:

1. Coordinate activities and communicate notable occurrences with MDIFW who will communicate with USFWS as needed (See Appendix 1 for contact information).

2. Visit the beach at least 3 times/week from April 1 until plovers complete nesting (usually mid- to late-August).

3. Document the number and location of nests, nest attempts, nest success, number of chicks fledged, and causes of egg or chick mortality if known.

4. Maintain temporary fencing and signs and help erect nest exclosures. 5. Recruit and train volunteers to the extent available to walk the beach 2-3 times/week to

document piping plover nesting activities. 6. Ensure observations by volunteers are recorded on the data sheets provided by MDIFW

or its designee. 7. The Coordinator will collect weekly reports from volunteer monitors, compile data, and

act as liaison with the City and state officials. 8. Provide an end-of-season summary and copies of field data sheets and volunteer activity

sheets and forward them to MDIFW or its designee no later than September 30th. 9. Implement “dogs must be on leash” restriction through public outreach, provide outreach

materials at the major access points to Ferry Beach. Inform pet owners who live or rent on Ferry Beach the ordinance and restrictions. Immediately report and document violators to MDIFW regional biologist and the City of Saco City Administrator

10. Document disturbance from dogs, pedestrians, or predators and report violators to MDIFW regional biologist and the City of Saco City Administrator.

11. If possible, attend the statewide pre- and post-season planning sessions for piping plover coordinators hosted by MDIFW.

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Exhibit Item: 1

12. The Coordinator will communicate with landowners as to what is planned and will solicit their support for the monitoring project. For Ferry Beach, letters will be the primary means of communication.

MDIFW or its designee will:

1) train the Piping Plover Coordinator and volunteers 2) provide stake, twine, signs, and materials for nest exclosures 3) provide outreach materials as available 4) provide enforcement as needed.

Neither the Coordinator nor volunteer monitors will be involved in enforcement of regulations. The task of negotiating for the purchase and installation of protective fencing will remain the responsibility of MDIFW.

Volunteer monitors shall be required to commit to training and a weekly commitment of time. They shall attend periodic meetings for program review and reinforcement of training. Monitors shall fill out a standardized, daily report including the number of hours spent on the beach and deliver it to established collection point for pick up by the Coordinator. Monitors shall report on the location of piping plover and least tern nests and on adherence to the provisions of this beach management plan. Monitors shall be provided free parking in town parking lots while conducting their monitoring duties.

C) Lifeguards. If the City employs lifeguards on its beaches, the City will ensure that the lifeguards are cross-trained as plover spotters and monitors. This training will be done through MDIFW or its’ designee) each year. Lifeguards may be utilized as plover spotters and monitors, and will assist in educating the public about safeguarding plovers. Lifeguards will not fulfill the City’s primary plover monitoring duty while performing lifeguard duties.

Lifeguard stands will not be placed within 150 ft. of a plover nest. If the City needs to place a lifeguard stand near a plover nest, the location will be determined by consultation with the MDIFW plover biologist, or a designee, so that the lifeguard stand is situated to protect nesting plovers as well as to meet the public safety requirements of the position.

D) Animal control. Dogs and cats can be a significant source of disturbance and mortality for piping plovers, least terns, red knots, and other migratory birds. It is in the best interest for pet owners to keep dogs and cats off beaches during the nesting season to prevent violating the state and federal Endangered Species Acts should their pet kill, harm, or harass a piping plover. The Army Corps of Engineers and USFWS recommend that the City follow the “Guidelines for Managing Recreational Activities in Piping Plover Breeding Habitat on the U.S. Atlantic Coast to Avoid Take Under Section 9 of the Endangered Species Act” as published in 1994 by the USFWS. The guidelines state: “Pets should be leashed and under control of their owners at all times from April

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Exhibit Item: 1 1 to August 31 on beaches where piping plovers are present or have traditionally nested. Pets should be prohibited on these beaches from April 1 through August 31 if, based on observations and experience, pet owners fail to keep pets leashed and under control.” Violations of the take provisions of the Maine and Federal Endangered Species Act could result in prosecution of responsible parties.

Saco City Ordinance 64-8 states:

A) A dog, while on any public way or place, shall be under restraint, within the meaning of this article, if it is controlled by leash or voice control beside a competent person and obedient to that person’s commands, or on or within a vehicle being driven or parked on the streets, or within the property limits of its’ owner or keeper.

B) The following restrictions apply to dogs on beaches:

1) All dogs should be leashed and under control of their owners at all times from April 1 through September 30th on beaches where piping plovers or least terns are present or have traditionally nested. Dogs should be prohibited on these beaches from April 1 through September 30 if, based on observations and experience, dog owners fail to keep pets leashed and under control.

Additional required measures to protect plovers during breeding season

Pets shall be leashed from April 1st to August 31st on beaches within 1000’ of locations where piping plover nesting activity has occurred in the prior or current year. The leash shall be held by a person capable of keeping the pet under control, and the leash length may not exceed 8 feet.

Note: The City of Saco is responsible for enforcing their Animal Control Ordinances. Failure to do so will be considered a breach of this agreement and gives MDIFW and USFWS the option to implement other protective management actions as identified by the Federal Endangered Species Act and Maine Endangered Species Act. This includes enforcement of the Section 9 take provisions of the Endangered Species Act. Other protective management actions include filing state Incidental Take Plan’s for each City activity that occurs near or within piping plover nesting and foraging areas.

The City will post signage concerning the dog ordinances at all beach access sites and conduct outreach to landowners and renters concerning the need to keep dogs on a leash during the nesting season.

Source: Chapter 64-3, City Ordinances, Horses prohibited On Beaches. (See Appendix 2)

Source: Chapter 64-8, City Ordinances, Dogs running at large. (See Appendix 2)

E) Recreational activities. Homeowners are responsible for the protection of any piping plovers and other state and federal listed species present on their property and to ensure that their family members and guests are

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Exhibit Item: 1 aware of the precautions that must be observed. If plovers or least terns are located in the property owners’ area, the piping plover coordinator will notify the property owner that such activities as fireworks, beach parties, clam bakes, volleyball, fires, etc., could seriously threaten the birds’ survival and must be avoided. Refer to Appendix 1 for additional restrictions.

1) Horses – “Between April 1 and September 30, no person shall ride or drive any horse upon the public beaches of the City or upon any beach to which the public has access, nor shall the owner of the horse permit it to be so ridden.” Chapter 64-3, City Ordinances, Horses prohibited On Beaches. (See Appendix 2)

2) Kites – Kite flying is prohibited in and over fenced and posted areas. Furthermore, during the piping plover nesting season, kite flying will be restricted to the intertidal zone during offshore winds, and will be closely regulated by lifeguards and other City personnel. Furthermore, no kite flying is permitted within 650 feet of a posted plover nest, protective fencing, or nest exclosure—whichever distance is greater, or overhead of the 650-foot perimeter.

3) No person shall engage in sand surfing (wind-driven sand cart), kite surfer, parasail, or para board sail within 650 feet of a piping plover nest exclosure or symbolic stake and twine fencing from April 1st through August 31.

4) Volleyball – From April 1 to August 31, volleyball playing is restricted to the intertidal zone at least 150 feet from stake and twine area or piping plover nests and chicks.

5) Fireworks – “No person shall use, possess with the intent to use, sell, possess with the intent to sell or offer for sale consumer fireworks in the City of Saco;” Chapter 82, City Ordinances, Consumer Fireworks (See Appendix 2). If the City were to express an interest in hosting a fireworks display, MDIFW and USFWS would require that the City comply with the USFWS Guidelines for Managing Fireworks in the vicinity of Piping Plovers and Seabeach Amaranth of the U.S. Atlantic Coast. To meet the requirements MDIFW and USFWS request the following:

• The fireworks launch site should be located a minimum of ¾ mile from the nearest piping plover nesting and/or foraging area.

• The City close beach areas used by nesting and foraging piping plovers, and that uniformed officers capable of enforcing the closure be deployed at beach access points. Volunteers could be used to assist the officers, and MDIFW and USFWS may provide uniformed wildlife enforcement officers to patrol nesting areas.

• Consultation with MDIFW regional biologist should occur during the preliminary planning and design of the fireworks display.

5) No person shall utilize a bicycle within 650 feet of an exclosure or symbolic stake and twine fencing from April 1st through August 31.

6) No person shall operate an unmanned aircraft (drone, remote control airplane etc.) within 650 feet of an exclosure or symbolic stake and twine fencing from April 1st through August 31 unless reviewed by MDIFW.

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Exhibit Item: 1 F) Police, emergency, and non-emergency vehicle use. Motor vehicles on beaches are a serious threat to adult plovers and chicks for many reasons. Adults and chicks may be struck by vehicles as the birds move between nesting and foraging areas. Vehicles may crush eggs. The behavior of chicks makes them especially vulnerable. Chicks sometimes stand motionless as vehicles pass by; they may not move out of the way quickly enough, or they may be unable to cross or climb out of deep ruts in the sand.

All other personnel shall have training materials and aids available to assist in spotting plover habitat when required to respond to either an emergency or a non-emergency incident. At least two employees shall respond to any non-emergency incident within a plover nesting area, with one employee acting as the spotter. Training workshops shall be available for the 2018 nesting season and each year thereafter.

Non-emergency activities, such as removal of dead or injured marine mammals, shall require at least two responders, one of which will act as the spotter to and from the scene. All emergency response personnel will account for and avoid nesting sites and chicks to the maximum extent practicable, consistent with the nature and urgency of the emergency. However, it is the policy of the City that such essential vehicles will avoid driving on the wrack line whenever possible and will avoid frequent driving on the beach in a way that would create deep ruts that could impede movement of piping plover chicks.

Non-essential motor vehicle use is prohibited on Saco’s beaches throughout the year, regardless of the presence of piping plovers or least terns. From time to time, essential municipal vehicles may need to access the beach. During the nesting season from April 1st until August 31st (or until all piping plover chicks have fledged and MDIFW lifts restrictions prior to August 31st ) the following guidelines will apply to essential vehicle access:

1) Emergency responses. All Public Safety or City personnel, contractors, or volunteers assigned or normally required to use vehicles including bicycles and ATVs on the beach or responding to emergency incidents shall annually receive specialized education and training from MDIFW or its designee in the spotting and protection of plover, tern, and shorebird habitat. During plover nesting season, emergency response vehicles shall be operated by personnel who have participated in annual plover training sessions.

2) Guidelines for Public Safety Response Vehicles on Non-Emergency Responses. Public works vehicles and public safety vehicles conducting essential, but non-emergency responses on the beach shall have at least two City employees responding to calls within 250 ft. of a known plover nesting area, or area of known recent plover activity. The respondent who is not driving will act as a spotter, walking ahead of the vehicle going to and from the scene. Vehicles within 250 ft. of a known nest, or location of known recent plover use, shall proceed at walking speed (not more than 5 mph) preceded by a trained spotter.

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Exhibit Item: 1

3) During plover nesting season, access points that minimize vehicle activity on the beach shall be used when feasible and reasonable, from April 1st until August 31st, unless MDIFW lifts restrictions earlier, or specifically grants permission.

G) Daily trash pickup of waste in town barrels located on the beaches and rights of way. Trash bins on City beaches and City rights-of-way shall be placed as far away from plover nesting activity as possible, and in any case no closer than 250 feet from any stake and twine fencing used to delineate a buffer around a nest. Currently, all City trash bins are located at beach access points.

If the City does decide to place trash barrels on the beach, the City will place them as far away from areas of plover nesting activity as possible but no closer than 250 feet from a nest exclosure and no closer than 100 feet from a stake and twine symbolic fence. Any City vehicle picking up waste from the barrels on a beach shall have a trained spotter (trained by the MDIFW or its designee) walk in front of the vehicle which shall proceed no faster than walking speed. Concurrently, no vehicles will use the beach to access trash bins for maintenance or for daily trash pickup between April 1st and August 31st when beach restrictions are in place.

H) Beach cleaning – including: raking for trash and seaweed, and removal of driftwood and debris. Removing cobble, seaweed, natural debris and mechanical manipulation (beach sweeping or raking) can harm piping plovers, least terns, red knots and other shorebirds and their habitat. Seaweed (rockweed and other algae and natural debris) or wrack is an important habitat feature that provides nutrients to the intertidal zone, helps to create and stabilize dunes, and provides an important feeding habitat for shorebirds including piping plovers. Whenever possible, wrack will be left on the beach to benefit the Ferry Beach ecosystem.

The City of Saco may conduct periodic beach cleanups as necessary to remove marine mammals, storm debris, such as logs, stumps, lumber and damaged fishing gear. Although the City does not currently rake the beaches for periodic removal of seaweed or trash, they may do so provided that the following above guidelines for use of motor vehicles on the beach are followed. Beach cleaning may be conducted as needed up to April 1st.

Beach cleaning shall not occur within 250 feet on either side of piping plover or least tern nest exclosures or chicks and within 100 feet of stake and twine symbolic fencing. Wrack should remain on the beach within 250 feet of either side of nest exclosures and within 100 feet of stake and twine symbolic fencing. This gives the birds a buffer from disturbance by the vehicles and leaves important foraging habitat intact.

No vehicles will be permitted within 250 ft. of a known nest, or area of known recent plover activity, unless a trained spotter is present.

Any beach cleaning activities and procedures authorized within a Permit By Rule (PBR) will be in accordance with the following guidelines.

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Exhibit Item: 1 Guidelines for Beach Cleaning Vehicles:

1. All vehicle entrances/exits to the beach shall be at public ways.

2. A spotter or Plover Monitoring Coordinator shall be present with all moving vehicles on the beach between April 1st and August 31.

3. Between April 1st and August 31st, all vehicles entering the beach shall travel close to the mean high-water line, but no closer than 50 feet from the grass edge of the beach, to minimize conflicts between nest initiation and vehicular traffic.

4. Vehicles within 250 ft. of a known nest, or location of recent use by plovers or their chicks shall proceed at walking speed (not more than 5 mph) preceded by a trained spotter.

5. No beach cleaning shall occur within 150 ft. of a nest exclosure or chicks. Wrack within 150 ft. of a nest exclosure and within stake and twine areas shall be left in place to provide a buffer from disturbance by vehicles, and to provide important foraging habitat intact.

6. Presence of a spotter or Plover Monitoring Coordinator is not needed after the nesting season is complete as confirmed by MDIFW.

7. Instances of need for heavy seaweed removal have historically been few. However, should heavy seaweed removal require using heavy equipment, a trained spotter or Plover Monitoring Coordinator will be required on site. No such work will take place within 250 feet of nest exclosures and within 100 feet of stake and twine symbolic fencing.

Frequency and Reporting of Beach Cleaning Activities:

1. The cleaning crew Supervisor shall maintain a simple logbook or sheet to record the date, time, and location of each beach cleaning activity.

2. The Public Works Department shall maintain records of cleaning activities in their offices.

3. Beach cleaning may be conducted as needed up to March 31st. Beach cleaning shall be conducted only once per week from April 1st through October 30, unless authorized by the Town Manager for a specific reason.

Guidelines for Spotters during Beach Cleaning Activity:

The following guidelines shall be followed wherever territorial pairs, nests, or chicks of piping plovers are present.

1. One spotter shall guide all vehicle traffic on the beach.

2. All vehicles shall proceed at “walking speed.”

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Exhibit Item: 1 3. Spotters shall use the map provided by the piping plover coordinator prior to commencing beach cleaning activities.

4. Spotters shall record observations of eggs, birds, and nests every 100 feet of the beach prior to vehicular access to that section. If the spotter does not observe plover activity, the cleaner will rake that 100-foot section while the spotter stands and watches in that zone.

5. The spotter shall proceed to the next area (approximately 100 feet down the beach), spotting, locating, and watching before giving the signal to allow the vehicles to enter the area.

I) Dunes and dune fencing. Dune vegetation acts as living infrastructure and provides multiple ecological services. These include privacy buffers, storm damage mitigation, improved water quality, and wildlife habitat. Limited maintenance can be sufficient to support vegetation and enable it to restore natural services. Seaweed raked from the beach is valuable as mulch for dunes because it mimics natural processes and provides needed nutrients.

Healthy dune vegetation helps stabilize dune soils, shades soils from desiccation by sun and wind, and provides wildlife habitat. In addition, dunes offer a buffer of protection between storm waves and back dune properties. Healthy vegetation helps dissipate the energy of waves as the water moves upslope and is slowed by the friction of moving through dune vegetation. Dunes also enhance privacy between the beach and residences or businesses, and they can act to filter surface runoff from the streets and yards, reducing the sediment and debris that reaches adjacent waterways.

Seaweed that is cast into the dunes by storm waves should be left in place. Seaweed shades the dune soils from sun and wind, and it provides nutrients to dune soils as the seaweed decomposes. Prior to the development of commercial fertilizers in the 1950’s, seaweed was highly valued for agricultural use. Dunes grass easily tolerates mulching with 3-6” of seaweed.

Creating and enhancing dunes may be a component of beach nourishment projects at Ferry Beach. It is the common interest of the City, landowners, USFWS, and MDIFW to encourage the development of dunes on Ferry Beach. Dunes can help hold the nourished sand and most importantly protect property from erosion and help to dissipate wave energy during storm events. Dunes and their vegetated habitats are fragile, and it is important to minimize human activity and trails on dunes. Paths across dunes are the weakest point for beach erosion. The following guidelines will be implemented to encourage and protect dunes:

1. Snow fencing will not be used on nourished beaches. Other beaches in Maine successfully use two-strands wire on steel posts and signage as an effective means of keeping people off fragile dune areas.

2. Dune plantings are restricted to native dune species only. Rugosa rose is not native to North American and plantings should use the very similar and native Virginia Rose instead.

3. Dune plantings should not be planted on seaward slope of constructed dunes.

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Exhibit Item: 1

4. When possible, non-native invasive plants should be removed from the dunes and associated habitats. More information on non-native plants is provided in Appendix X.

J) Beach access paths, boardwalks and dune walkovers. Beach access paths are necessary in coastal communities, but they also increase the loss of sand from beaches—by wind or pedestrian activity—and provide channels for flooding when high tides combine with storm events. Therefore, the City should look to encourage shared pathways and walkways for all its beaches. Maintaining dune vegetation is important to dune stability. Footpaths create a weak point in the dune, which can cause subsequent erosion during storms. Although dune vegetation tolerates harsh conditions that include drying by sun and wind, salt water overwash, scarce nutrients, and accumulations of sand and cast seaweed, dune plants cannot survive being repeatedly crushed by foot traffic or vehicles.

Access paths across dunes tend to be widened through regular use, unless they are fenced where they meet the beach. Roll-up boardwalks help reduce sand loss, and are preferred over simple paths. Roll-up walkways can be made from crosswise pieces 1x6” decking, connected (on the underside) with nylon webbing or steel cable. Rigid boardwalks consist of treads or a plywood deck on a rigid wood frame. These have a tendency to collect sand on the surface and can be slippery for pedestrians.

Dune walkovers are elevated boardwalks made of treads supported by a rigid frame. Spacing (1-1.5 inches) between the treads prevents sand from collecting on the walkway surface. Elevating the walkway allows movement of sand and water during storm events, without providing a channel for potential back dune flooding.

Walkover sections must be 18” or more above the dune grade, and should cross the dune crest above the height of the top of the crest. Steps may be needed from the walkover onto the beach. For walkways serving limited numbers of pedestrians daily, it may be sufficient to elevate a 3 foot-wide walkway 24 inches above grade, and reset the height periodically if needed (estimated at 10 year intervals). For commercial sites, some recommendations propose that dune walkovers be as high as they are wide, so that light can reach vegetation under the walkover. A range of engineered standards can be found online for the USACE, Texas, Florida, and Massachusetts. Structural supports for dune walkovers should be installed to a depth 4 feet below the lowest anticipated level of the dune. The USACE recommends 6 x 6 inch posts be used. State Environmental permits are required for new boardwalks and dune walkovers.

Dunes bisected by multiple access ways decrease in habitat value with each additional access and create opportunities for back dune flooding. Whenever possible, access ways should be combined with the goal of providing a single consolidated access way at intervals of 300 feet, closing off individual paths, and replanting with dune vegetation. Combined access ways will reduce the potential for storm flooding and improve habitat value by reducing fragmentation. Pathways across dunes will be minimized to the maximum extent practicable. Pathways or dune crossovers should be located to deter human activity away from plover nesting habitats. Some pathways may need to be temporarily closed to protect nesting plovers. Landowners should

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Exhibit Item: 1 share dune pathways (approximately one pathway for every 300 feet of beach) using any of the design guidelines above.

K) Permit review process. In 1995, the MDIFW designated the northern portion of Ferry Beach (Kinney Shores to Goosefare Brook) as Essential Habitat for nesting and feeding piping plovers and least terns #PPLT-08, a designation under the Maine Endangered Species Act.

Any project requiring a permit or license from, or to be funded or carried out by, a state agency or municipal government partly or wholly within a Piping Plover and Least Tern nesting, feeding, and brood–rearing area designated as Essential Habitat shall not be permitted licensed, funded or carried out unless MDIFW determines that the project will not significantly alter the Essential Habitat. Examples of projects that may need an Essential Habitat “Project Review” from MDIFW include, but are not limited to: road projects and construction; dredging; bulldozing; removing or displacing soil, sand, vegetation, or other materials; draining, filling, including adding sand or other material to a coastal sand dune; beach nourishment projects, dune restoration projects; utility construction; water crossing and water impoundment.

The City of Saco is encouraged to contact MDFIW regional biologist (Appendix 1) early in the planning process of projects located within a designated Essential Habitat.

Activities within the sand dune system at Ferry Beach occurs within a protected resource area under the jurisdiction of the Maine Department of Environmental Protection (MDEP). The U.S. Army Corps of Engineers (Corps) has federal jurisdictional responsibilities within the sand dune system. Many projects and activities (such as moving sand, altering vegetation, repairs to jetties and seawalls) require a permit from MDEP and/or the Army Corps. Therefore, all proposed beach nourishment, sand fencing, planting, and trail plans should be coordinated with the City of Saco and reviewed by the MDIFW, MDEP, USFWS and the Army Corps to ensure that state and federal regulations are adhered to and that piping plovers are not adversely affected.

Landowners and the City of Saco must apply for and obtain all appropriate, necessary environmental permits before conducting activities or projects that require environmental review. This Agreement does not negate this responsibility and legal requirement, nor does it supersede or replace state and federal laws.

This Agreement does facilitate state and federal environmental review and permitting provided such activities and projects are consistent with other federal and state statutes. Concurrence from MDIFW and USFWS on any future project that could affect piping plovers, least terns, or other state or federal listed species or their habitat within the geographic area subject to this Agreement is contingent upon the successful implementation of all the protection measures described in this Agreement and demonstration that these protection measures have proven adequate in avoiding “take” (harass, harm, pursue, hunt, shoot, kill, trap, capture, or collect) of the federally threatened piping plover, red knot, or endangered roseate tern (U.S. Fish and Wildlife Service 1973).

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Exhibit Item: 1 Situations, activities, or projects may arise that were not addressed in this Agreement that affect piping plovers, least terns or other federal or state listed species on Ferry Beach. Successful resolution of such eventualities requires communication and coordination – landowners and the City of Saco are encouraged to seek early and frequent consultation with MDIFW and USFWS prior to initiating activities or projects that may affect endangered or threatened species.

L) Education and outreach. Educational efforts will take many forms and will be coordinated with MDIFW or its designee. Through opportunistic, face-to-face meetings with property owners and beach users, volunteer monitors, the Piping Plover Coordinator, MDIFW or its designee, City personnel who work on the beaches, and others, will help educate the public about piping plover conservation and management, and the importance of respecting nesting habitat.

Local publications, such as the Journal Tribune and the Biddeford-Saco-OOB Courier, should be included among the primary newspapers for dissemination of information on plover programs. Other resources that should be utilized include local public service television, and the City’s website. City boards and commissions, including the Shoreline Commission and the Coastal Water Commission will address the Beach Management Plan annually at Public Meetings.

Information regarding piping plovers, least terns and other endangered and threatened species will be posted on the City website and Facebook page:

http://www.sacomaine.org


In support of the volunteer monitoring program, MDIFW or its designee will conduct annual training sessions for the Coordinator, plover monitors and seasonal plover biologists in May; this training will include information regarding plover biology, plover conservation/management, monitoring protocol, recordkeeping, and regulations, including dogs on the beach. Maine Audubon’s “Volunteer Monitoring Handbook”, which contains additional information, training materials, regulations, and daily monitoring check-off sheets, will be the primary resource for training.

Through opportunistic, face-to-face meetings with property owners and beach users, volunteer monitors, the piping plover coordinator, MDIFW or its designee, the City personnel who work on the beaches, USFWS and others, will help educate the public about piping plover conservation and management and the importance of respecting piping plover nesting habitat.

Educational programs are valuable in enlisting public support so that plovers nest successfully on their first attempt, fledge chicks by the end of June, and leave the beach for back marsh habitats. Typically, this timing overlaps with the end of the school year and the beginning of the intensive beach season. Disruption of early nesting, or losses due to predation or disturbance, result in re-nesting on the beach, thus extending the period beach restrictions into July – decreasing the probability of success and increasing the potential for conflicts over beach use and activities.

M) Modifications of Goosefare Brook.

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http://www.sacomaine.org/



Exhibit Item: 1 Goosefare Brook enters Saco Bay at the north end of Ferry Beach. The brook forms the boundary between the municipalities of Saco and Old Orchard Beach. Goosefare Brook and adjacent sand beaches in both municipalities are owned by the USFWS RCNWR and is managed primarily for piping plovers, red knots, roseate terns and other wildlife and secondarily for public recreation. Goosefare Brook and the associated habitats are identified by the MDIFW as Essential Habitat for Least Terns and Piping Plovers. Under MESA state agencies and municipalities shall not permit, license, fund, or carry out projects that will significantly alter an Essential habitat or violate protection guidelines adopted for the habitat.

From time to time, shoreline conditions create a sandbar across the mouth of the brook, closing off the brook from draining at its mouth. This happened in 2013, and is reported to have occurred 25 years previously. Sand placed at Camp Ellis in beach nourishment projects is expected to move northward and could possibly further impede or change the flow of the Brook. In the past, the municipalities of Saco or Old Orchard Beach have used heavy equipment to alter or deepen the channel of Goosefare Brook.

Any modifications to the shoreline other than emergency activities necessary for public health and safety will need an Essential Habitat “Project Review” from MDIFW. Emergency activities necessary for public health and safety or emergency repairs to existing utilities and structures, including seawalls and roads are exempt from MDIFW review, however the City will consult and notify MDIFW if emergency activities or repairs are needed. If the City of Saco determines the activity is an emergency, MDIFW suggests consultation with a MDIFW regional biologist before moving forward with the activity.

Any modification of Goosefare Brook at any time of the year requires a Special Use Permit from Rachel Carson National Wildlife Refuge and an Essential Habitat Review. Modifications should not occur during the piping plover and least tern nesting season from April 1 to August 30. If emergency measures must be taken as specified by the City Administrator during the nesting season, the USFWS will enumerate conservation measures in the Special Use Permit that must be implemented to protect piping plovers and their habitat. These may include limitations on the project design, type of equipment used, duration of activities, placement of sand, and use of a regional biologist to document the location of plovers and their nests and chicks. VI) Time Frame of Agreement

Recognizing that habitat issues may arise that could require additional management, the City, MDIFW, and USFWS will meet annually to review this agreement. This Agreement will commence August 2018 and terminate December 2021. United States Fish and Wildlife Service will initiate a meeting in December 2019 to review and initiate the next agreement.

VII) Amendments

Situations, activities, or projects may arise that were not addressed in this Agreement that affect piping plovers on Saco beaches. Successful resolution of such eventualities requires communication and coordination between property owners and the City. Property owners and

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Exhibit Item: 1 the City are encouraged to seek early and frequent consultation with MDIFW and USFWS prior to initiating activities or projects that may affect piping plovers.

Amendments to this agreement can be made with the concurrence of all signatory parties to the agreement. Amendments shall be documented in writing, dated, signed by all parties, and attached to the agreement. Amendments will be considered annually at the pre-nesting season meeting.

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Exhibit Item: 1

Signatories to the Agreement Saco City Administrator Date

U.S. Fish and Wildlife Service Date

Maine Department of Inland Fisheries and Wildlife Date

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Exhibit Item: 1 Appendix 1

WEEKLY CONTACT INFORMATION

Brad Zitske,

Wildlife Biologist

MDIFW Gray Headquarters

207 657-5746

Cell 485-1039

[email protected]

Laura Zitske,

Wildlife Ecologist, Coastal Birds Project Director

Maine Audubon,

207 781-6180 x226

[email protected]

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City of Saco Code, Chapter 64, Animals, Article I, Keeping of Animals

64-3 Horses prohibited on beaches.

Between April 1 and September 30, no person shall ride or drive any horse upon the public beaches of the City or upon any beach to which the public has access, nor shall the owner of the horse permit it to be so ridden.

City of Saco Code, Chapter 64, Animals, Article II, Dogs

64-8 Running at large.




City of Saco Code, Chapter 82, Consumer Fireworks

82-3 Prohibition.

No person shall use, possess with the intent to use, sell, possess with the intent to sell or offer for sale consumer fireworks in the City of Saco; provided, however, that this chapter does not apply to a person issued a fireworks display permit by the City and/or State of Maine pursuant to 8 M.R.S.A. § 227-A, as may be amended from time to time.

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Link to Guidelines for Managing Recreational Activities in Piping Plover Breeding Habitat on the U. S. Atlantic Coast to Avoid Take Under Section 9 of the Endangered Species Act and Addendum Regarding Timing of Management to Protect Unfledged Chicks

https://www.fws.gov/northeast/pipingplover/pdf/Section_9_Guidelines_Addendum_March_2015.pdf

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SIGNIFICANT WILDLIFE HABITAT MANAGEMENT AGREEMENT

This Significant Wildlife Habitat Management Agreement (“Agreement”) is made this day of , 2018 between , with a mailing address of , , , (“Landowner”) and the State of Maine Department of Inland Fisheries and Wildlife (“MDIF&W”).

Whereas, the City of Saco and its partners, agents, contractors, and assignees wish to conduct dredging operations at Saco River, which will result in the placement of dredged materials on portions of the Ferry Beach and which therefore will result in beach nourishment; and

Whereas, Maine’s Coastal Sand Dune Rules (Chap. 305, Section 8 F.) now require with regard to beach nourishment projects that:

Owners of property on a beach that will be nourished must agree to enter a legally binding agreement, such as but not limited to an easement, concerning the property that allows for the management of significant wildlife habitat on the beach portion of their property; and

Whereas, significant wildlife habitat for Piping Plovers and Least Terns exists north from the jetty at the mouth of the Saco River to Goosefare Brook on the portions of Ferry Beach upon which beach nourishment will occur as part of the Saco River dredging operations, and

Whereas, Landowner’s property located at in the City of Saco and shown on City of Saco Tax Map, Lot (the “Premises”) includes property on a beach that will be nourished as a result of dredging operations in the Saco River.

Now therefore, the Landowner, for and in consideration of the receipt of beach nourishment, the mutual covenants and agreements herein contained, and other good and valuable consideration, agrees to the management of significant wildlife habitat on the beach portion of Landowner’s Premises by MDIF&W and its agents, contractors, employees and volunteers as herein set forth:

1. For purposes of this Agreement, the term “Beach” shall mean the entire Ferry Beach beachfront that extends northward from the jetty at the mouth of the Saco River to Goosefare Brook.

2. MDIF&W and its agents, contractors, employees and volunteers shall be permitted to manage the Beach portions of the Premises in accordance with this Agreement.

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Exhibit Item: 1 3. In particular, the Landowner agrees to permit MDIF&W and its agents, contractors, employees and volunteers to undertake the following measures for management of the Beach portions of the Premises for Piping Plovers and Least Terns:

a. Install Stake and Twine symbolic fencing areas as soon as the Piping Plovers and/or Least Terns return. Nesting areas are fenced using wooden stakes and bailing twine and signs issued by MDIF&W or Maine Audubon (MA). Only persons engaged in piping plover monitoring should enter the fenced areas. Fenced areas should extend 150 feet along the wrack line on either side of the nest and should be 10 to 15 feet in front of the nest. Fenced areas around nests may be smaller than 150 feet if it can be demonstrated that the birds are accepting of human activity. In other instances, fencing may be expanded if the 150-foot radius is deemed by MDIF&W to be inadequate to protect incubating adults and unhatched chicks. In many instances, fenced areas may encompass more than one nest. Nesting territories should be monitored frequently (daily if possible) until nests are located. Any symbolic fencing installed under this Paragraph 3.a. shall be left on the Beach until all chicks in the vicinity have fledged, but in any event, shall not be removed any earlier than July 15 of each year in which it is installed.

b. Install Exclosures of nests, since predation by crows, gulls, foxes, dogs, and cats is a major source of nest failure for Piping Plovers. Individual nests shall be enclosed to protect the birds, their eggs, and young until hatching is completed. Four-foot diameter nest exclosures should be placed around each nest after the third or fourth egg is laid. Nest exclosures are constructed of 2 x 4-inch welded wire fence and supported by metal stakes, and heavy twine or bird netting may be strung over the top to deter avian predators. Nest exclosures can be removed when Piping Plover and Least Tern nesting is completed. Guidelines for constructing and maintaining exclosures can be found in Appendix F of the federal Piping Plover Revised Recovery Plan (U.S. Fish and Wildlife Service 1996).

4. Any dogs of the Landowner or of the Landowner’s guests and invitees shall be “on leash only” on the Beach from April 15 to September 30 of each year.

5. MDIF&W encourages the Landowner to work with other landowners along the Beach to consolidate and share boardwalks leading to Beach areas that will be nourished (consistent with the goal of reducing foot traffic across planted dune areas).

6. MDIF&W encourages the Landowner to stabilize land areas within the Beach portion of the Premises that will be nourished by methods such as the planting of dune grass.

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Exhibit Item: 1 7. During the term of this Agreement, the Landowner reserves the right to continue to use the Premises, including the Beach portion of the Premises, without interfering with or abridging the rights and privileges granted to MDIF&W by this Agreement.

8. Term: This Agreement is for a term of ten (10) years following the last deposit of sand on Ferry Beach as part of the Saco River dredging operations.

7. The Landowner hereby certifies that he/she/they are the owner(s) of a certain parcel of land situated in the City of Saco, County of York, and State of Maine referred to herein as the “Premises.”

WITNESS OUR HANDS AND SEALS this _______ day of _______________________, 2018.

Witness LANDOWNER

By: ________________________________________

Typed/Printed Name: ____________________________________________

STATE OF MAINE DEPARTMENT OF INLAND FISHERIES & WILDLIFE

By: ________________________________________

Typed/Printed Name:

Maine Dept. of Inland Fisheries & Wildlife

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Exhibit Item: 2 Ordinance Changes

City of Saco Code, Chapter 64, Animals, Article I, Keeping of Animals

64-3 Horses prohibited on beaches.

Between April 1 and September 30, no person shall ride or drive any horse upon the public beaches of the City or upon any beach to which the public has access, nor shall the owner of the horse permit it to be so ridden.

City of Saco Code, Chapter 64, Animals, Article II, Dogs

64-8 Running at large.




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AGREEMENT FOR OPERATION

OF SHARED ASSESSING DEPARTMENT

THIS AGREEMENT is made this ______ day of _________________, 2018 by and between the CITY OF BIDDEFORD, a Maine municipal corporation existing under the laws of the State of Maine and located in York County (hereinafter “Biddeford”') and the CITY OF SACO, a Maine municipal corporation existing under the laws of the State of Maine and located in York County (hereinafter “Saco''), collectively (“The Parties”).

WHEREAS, pursuant to 30-A M.R.S. § 2201, et seq., municipalities are permitted to make the most efficient use of their powers by enabling them to cooperate with other municipalities on the basis of mutual advantage; and,

WHEREAS, the Cities desire to create efficiencies for the benefit of the citizens and property taxpayers of both communities; and,

WHEREAS, Biddeford is willing and able to provide assessment services through its City Assessor to Saco on a cost sharing basis and as Saco is willing and able to provide an Assessing Listing Agent on a cost sharing basis, all pursuant to the terms provided below.

NOW, THEREFORE, Biddeford and Saco agree as follows:

1. Creation of Joint Department: The Cities have, through vote of their respective City Councilsapproving this agreement, voted to create a joint Assessing Department which will be made up ofshared employees between the two communities as well as employees that are hired directly bythe individual cities to assist the joint efforts.

2. Staffing of Joint Department: The Cities will jointly share and employ the Chief Assessor forboth communities. For the purpose of this agreement, one of the Cities will take the lead as theprimary employer for the purpose of employment issues (see paragraph 3and 6). The day to dayoversight of the employee will be jointly shared between the Biddeford City Manager and theSaco City Administrator.

a. For the initial term of this agreement, the Cities agree to appoint Biddeford’sAssessor (Frank Yattaw) to serve in the capacity of Chief Assessor for the jointdepartment.

b. Each community will employ a Deputy Assessor who will have primaryresponsibilities to their respective community. Each deputy shall be appointed by therespective City Manager/City Administrator. While the respective deputies willremain as employees of the respective community, each will be expected to assist theChief Assessor in any and all issues facing either community as so directed.

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c. The Cities will jointly share and employ an Assessing Listing Agent to assist both

communities in determining the values of personal property and real property. For the initial term of this agreement, the Assessing Listing Agent will be an employee of the City of Saco. The Parties, through their respective City Manager/City Administrator will consult on the process of filling this new position but Saco shall have the final decision as to whom it shall employ.

d. Each community commits to supplying the necessary administrative support for their

respective assessing offices. For the purposes of this agreement, this shall be at least 20 hours weekly of dedicated support.

3. Appointment of Biddeford Assessors' Agent. Saco's City Council has appointed Frank

Yattaw, the current Biddeford Assessor, with the consent of Biddeford, to be the official Saco Assessors' Agent for all purposes required under law, but subject to the provisions in Paragraph 4 below, he shall at all times remain solely an employee of Biddeford. The City of Biddeford shall set and fix the compensation and employee benefits of the Chief Assessor. The Biddeford City Council will agree to use, and retain for services as set forth herein, the party Saco hires as its Assessing Listing Agent. The City of Saco shall set and fix the compensation and employee benefits of the Assessing Listing Agent.

4. Scope of Services. The Cities agree to the following scope of services for the two shared

positions:

a. The Chief Assessor shall perform all duties and responsibilities imposed by law on the Saco Assessors' Agent, including assessing the April 1st real and personal property taxes and committing the same for collection, management of assessing personnel, hearing and deciding abatement requests, providing information to municipal officials and citizens, state agencies, vendors and other persons with interest in activities pertaining to the assessing functions of Saco including, appearing in any and all administrative and judicial forums to defend challenges to the Saco assessments. The duties of Saco Assessors' Agent are more clearly defined in the job description, attached as Attachment A. It is expected that over any extended period of time, the Chief Assessor will spend equal time performing duties for each community. It is the expectation that the Chief Assessor will maintain a physical presence in Saco for two (2) days each week and be available via telephone and email and in person, as needed during the regular work week, to address questions or concerns that cannot be addressed by other employees. It is understood that during commitment periods or periods of peak abatement request activity, additional physical attendance and/or time commitment may be required at the office of a particular party, and it is agreed that the Chief Assessor may, in his discretion, allocate his time such that the time demands for one party are met without sacrificing his duties for the other party.

b. It is the expectation that the Assessing Listing Agent will spend an equal amount of

time between the two communities over any extended period of time. It will be expected that the Assessing Listing Agent will be in Biddeford City Hall at least two (2) days a week under normal circumstances.


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5. Personal and Real Property/Assessment Data. The joint department may not purchase or lease

real property in either City. All equipment and/or personal property used by the Chief Assessor for their job shall remain the property of the City of Biddeford, and all equipment and/or personal property used by the Assessing Listing Agent for their job shall remain property of the City of Saco. The data collected, analyzed and archived for each City by any official herein shall be the intellectual property of that City, and it shall physically reside in that City. All data, databases and other assessment records shall be assembled and stored for each City separately, and no data may be offered, sold, shared or transferred to any third party by anyone described herein without the express written permission of the City Manager/Administrator of the affected community. While the merged use of the data is encouraged, the databases themselves shall remain independent entities, as they exist on the date of this agreement and each Party shall be solely responsible for the integrity, protection, and backup of its respective data.

6. City as Sole Employer.

a. The Chief Assessor shall remain an employee of Biddeford during the term of this agreement for all administrative purposes including, without limitation, pay, benefits and worker's compensation coverage. However, the Assessor shall be subject to the oversight, direction and control of the party for whom duties are being performed and shall conform to the relevant provisions of any charter, ordinance or policy of the party for whom duties are being performed.

b. The Assessing Listing Agent shall remain an employee of Saco during the term of this agreement for all administrative purposes including, without limitation, pay, benefits and worker's compensation coverage. However, the employee shall be subject to the oversight, direction and control of the Chief Assessor.

7. City Responsibility. The Chief Assessor shall be an agent of the Saco City Administrator for

the purposes of statutory authorization and for all functions and duties of the assessing office including, without limitation, establishing taxable valuation assessments, determination of abatement requests, exemption funding, certification of ratios, and listing and, where appropriate, inspecting real and personal property and equipment. Saco shall provide a dedicated workspace for the Chief Assessor at Saco's City Hall, complete with desk, chair, telephone, computer, and internet access and related office supplies to use when working in the City of Saco. Saco will also provide office support, legal counsel and assessment defense costs, independent appraisals, mass valuations and reviews as needed, and funding and physical location for administrative appeals processes for challenges to Saco assessments. Saco shall provide such additional financial and administrative support for mapping, computer systems, printing, mailing and other necessary resources and functions as Saco shall deem necessary and prudent for the proper administration of the Saco assessing function. Biddeford shall provide comparable space, supplies, office furnishings, office support, Counsel, etc, as described above, for the Assessing Listing Agent that Saco provides for the Chief Assessor.

8. Cost. The Cities agree to share all employment costs of the Chief Assessor and Assessing Listing

Agent equally. Quarterly, the Cities will meet to determine the amounts owed and payment will be made within thirty (30) days of the determination. During the first year of the agreement, Cities, through their respective City Manager/Administrator will determine the joint budget for


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the operation of the joint operation. Effective the July 1, 2017 budget, the joint budget will be agreed on by the respective City Councils through a budget process that the Parties will agree on.

9. Indemnification. If a claim is brought against either Saco or Biddeford arising out of, or

within the scope of the service performed by the Chief Assessor, or any other agents he may lawfully engage, for Saco, then Saco shall defend, indemnify and hold harmless Biddeford and its officials, agents and employees, including, without limitation, the Assessor in his official and individual capacities from and against all such claims, damages, losses and expenses, including reasonable attorney's fees. If a claim is brought against either Saco or Biddeford arising out of, or within the scope of the service performed by the Assessing Listing Agent, or any other agents he or she may lawfully engage, for Biddeford, then Biddeford shall defend, indemnify and hold harmless Saco and its officials, agents and employees, including, without limitation, the Assessing Listing Agent in his official and individual capacities from and against all such claims, damages, losses and expenses, including reasonable attorney's fees. Provided, however, that in no event shall Biddeford or Saco be required to indemnify the other from claims arising from the intentional acts, wrongful acts or criminal acts of the Chief Assessor or Assessing Listing Agent. This section shall not be interpreted to waive the monetary limits or substantive areas of immunity under the Maine Tort Claims Act.

10. Term and Termination of Agreement. The initial term of this Agreement shall expire on June

30, 2018 and shall commence on the day it is signed by the Biddeford City Manager and Saco City Administrator. This Agreement may be canceled by either party upon written notice to the other party at least 60 days prior to the intended termination date. The Parties agree that any amendment to this Agreement may be upon the mutual written and affirmative action of the City Councils of both municipalities. If either party terminates the agreement prior to June 30, 2018, each community shall remain liable to the other for any portion of costs incurred through the date of termination, and the parties shall meet to determine those costs, and any amounts owed shall be paid not later than 30 days thereafter.

11. Notification. Notices under this Agreement shall be sufficient if sent by first class mail or hand-

delivered as follows:

TO SACO: City Administrator City of Saco 300 Main Street Saco, ME 04072 TO BIDDEFORD: City Manager City of Biddeford 205 Main Street Biddeford, ME 04005

12. Default. In the event a party defaults under this Agreement, the other party shall have those remedies available at law and equity, provided it shall first give the defaulting party written notice and a reasonable time to cure.


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13. Disputes. If a claim or dispute arises out of this Agreement or its performance, the Parties agree to endeavor in good faith to resolve it equitably through negotiation, or if that fails, through non-binding mediation. If the Parties are unable to resolve this matter through mediation, the Parties agree to submit their dispute to binding arbitration before a single arbitrator under the rules of the American Arbitration Association.

14. Entire Agreement. This Agreement constitutes the entire agreement between the Parties. If any

clause, section or provision is held to be invalid or unenforceable, that shall not affect the entire agreement and the Parties agree to meet and negotiate a new clause, section, provision, or agreement.

IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year first written. City of Biddeford Date James A. Bennett, City Manager City of Saco Date Kevin Sutherland, City Administrator


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INTERLOCAL COOPERATION AGREEMENT FOR

BIDDEFORD-SACO ANIMAL CONTROL OFFICER

Pursuant to the provisions of 30-A M.R.S.A., Chapter 115, this Inter-local Cooperation Agreement (Agreement) is made and entered into as of the 1st day of July 2018, by and between the City of Biddeford and City of Saco, Maine, for the provision of Animal Control Officer (“ACO”) services for the City of Saco. WHEREAS, Maine law permits municipalities and political subdivisions to enter into inter-local cooperation agreements to make the most efficient use of their powers and in order to provide services and facilities that will accord best with the needs of both communities; and WHEREAS, 7 M.R.S.A. §3947 requires that each municipality shall appoint one or more Animal Control Officers whose duties are enforcement of sections 3911, 3912, 3916, 3921, 3924, 3948, 3950, 3950-A, 3952 and 4041 and Title 17, section 1023, responding to reports of animals suspected of having rabies in accordance with Title 22, sections 1313 and 1313-A and any other duties to control animals as the municipality may require; and, WHEREAS, the City Council of Biddeford and City Council of Saco have reviewed the information available on this subject and have determined that it is in the best interest of their constituencies to participate in a consolidated Animal Control and Enforcement for the Cities of Biddeford and Saco, and that an appropriate agreement be created to facilitate the terms of this relationship. NOW, THEREFORE, pursuant to the authority granted by 30-A M.R.S.A., Chapter 115, and every other legal authority, and in consideration of the following mutual covenants and conditions set forth herein, the parties hereby agree as follows: Section 1. Statement of Purpose The City of Biddeford Animal Control Officer will provide the following services to the City of Saco: 1. Response to domestic animal complaints, taking appropriate action as needed during assigned hours of work within a defined work week. 2. Transportation of domestic animals that have been captured or injured to either the Animal Welfare Society or an appropriate animal treatment facility. The City of Saco shall maintain a workspace for use by the ACO, and appropriate cages or other temporary facilities for the short term holding of captured animals awaiting transfer to the owner or other facility.

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The City of Saco is responsible for the payment of any fee associated with any oral or written agreement made between the City of Saco and the Animal Welfare Society, or any other agency that is licensed to provide care, treatment, or the housing of any cat or dog that has been captured, surrendered or otherwise associated with the City of Saco. The City of Saco is responsible to provide, at its expense, Animal Control Services during those times that the ACO is not available to respond due to being on days off, vacation, training or absent for any other reason. Section 2. Operation and Costs 1. The Animal Control Officer shall be under the direct control and supervision of the Biddeford Police Department when performing tasks in the City of Biddeford, and under the direct supervision of the Saco Police Department when performing tasks in the City of Saco. Notwithstanding the preceding, the ACO shall be an employee of the City of Biddeford for purposes of insurance, wages, taxes, benefits, and workman’s compensation. The parties may, from time to time, select a new ACO and determine at that point which Community shall act as the hiring and employment entity. 2. The Animal Control Officer must adhere to the regulations and guidelines concerning Animal Welfare Law in accordance with 7 M.R.S.A. Chapter 725. 3. The cost of the operations of the Animal Control Officer, and basic operational equipment, shall be borne by the City of Biddeford. Any cost associated with the operation of the Animal Control Officer that requires additional equipment or overtime pay and benefits, which in any way is for the exclusive benefit of Saco, shall be the sole responsibility of the City of Saco. 4. The City of Saco agrees to pay a fee of $30,000, for the fiscal year 2019 and a rate equal to one half of any contractual wage and benefit increases for subsequent fiscal years. This fee may be changed with six months notice. This fee shall be paid semi-annually with the first payment due by the 15th day after the beginning of the fiscal year, and the second payment by the 15th day of January following. 5. The agencies represented in this agreement recognize that the complexities involved in multi-agency sharing of services will require continuous review and improvement. On occasion, problems or concerns between agencies or disciplines will occur. First line supervisors experiencing those concerns shall work to resolve such issues at their level whenever practical. Should the issue rise to the level of the Police Chief, the respective Chief shall work to resolve the issue in consultation with the respective city manager or city administrator. If this step does not resolve the matter, the Parties agree to jointly select an experienced mediator, who shall conclusively and finally determine the matter, all costs of mediation, except legal fees, to be jointly shared by the Parties. Section 3. Procedures


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1. At the beginning of each work day, the ACO will communicate with the respective community and follow up on complaints or inquiries regarding Animal Welfare Laws. 2. At least several times each work day during the period from May 1st to October 31st of each year, the ACO will patrol the coastal areas of Biddeford and Saco, enforcing leash laws and/or any other matters relating to domesticated animals. The actual frequency of patrols shall be subject to availability based on daily workload and assigned priorities. 3. Nothing in this agreement is intended to supplant or supersede any other agreement made by or between the City of Biddeford and City of Saco, nor is it intended to preclude either community from requesting assistance from the other pursuant to any existing agreement between the communities. Section 4. Effective Date The conditions and procedures outlined in this Agreement shall be in full force and effect commencing on or about July 1, 2018. Section 5. Term Either party may terminate this agreement with six months written notice to the other party, unless a shorter period is agreed to by the parties. Section 6. Agreements The signatures of the following shall effectuate compliance with the terms and conditions of this Agreement. Section 7. Indemnification If a claim is brought against either Saco or Biddeford arising out of, or within the scope of the service performed by the Animal Control Officer, or any other agents he or she may lawfully engage, for Saco, then Saco shall defend, indemnify and hold harmless Biddeford and its officials, agents and employees, including, without limitation, the Animal Control Officer in his official and individual capacities from and against all such claims, damages, losses and expenses, including reasonable attorney's fees. If a claim is brought against either Saco or Biddeford arising out of, or within the scope of the service performed by the Animal Control Officer, or any other agents he or she may lawfully engage, for Biddeford, then Biddeford shall defend, indemnify and hold harmless Saco and its officials, agents and employees, including, without limitation, the Animal Control Officer in his official and individual capacities from and against all such claims, damages, losses and expenses, including reasonable attorney's fees. This section shall not be interpreted to waive the monetary limits or substantive areas of immunity under the Maine Tort Claims Act. ________________________ _______________________ Kevin Sutherland, City Administrator James Bennett, City Manager City of Saco City of Biddeford


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AGREEMENT FOR CONTINUED FUNDING FOR BIDDEFORD SACO OPIATE OUTREACH INITIATIVE

THIS AGREEMENT is made this ______ day of _________________, 2018 by and between the CITY OF BIDDEFORD, a Maine municipal corporation existing under the laws of the State of Maine and located in York County (hereinafter “Biddeford”') and the CITY OF SACO, a Maine municipal corporation existing under the laws of the State of Maine and located in York County (hereinafter “Saco''), collectively (“The Parties”). WHEREAS, pursuant to 30-A M.R.S. § 2201, et seq., municipalities are permitted to make the most efficient use of their powers by enabling them to cooperate with other municipalities on the basis of mutual advantage; and, WHEREAS, the Cities desire to create efficiencies for the benefit of the citizens and property taxpayers of both communities; and, WHEREAS, Biddeford SBOOI Coordinator and Saco have jointly created the Biddeford Saco Opiate Outreach Initiative (SBOOI); and, WHEREAS, Biddeford and Saco have been awarded a state grant that provided a significant portion of the funding for SBOOI; and, WHEREAS, the State of Maine is no longer providing financial assistance for the program; and, WHEREAS, SBOOI has achieved significant results during the grant period and the need to continue to provide the outreach is considered important; NOW, THEREFORE, Biddeford and Saco agree as follows: 1. Continue funding of program: The Cities have previously, through vote of their respective

City Councils, approved the initial funding of SBOOI. The Cities agree to continue the program once the state grant funding is no longer available.

2. Staffing of Joint Department: The Cities will jointly share and employ the SBOOI

Coordinator. The day to day oversight of the employee will be jointly shared between the Biddeford and Saco Police Chiefs.

3. Scope of Services. The Cities agree to continue with the existing working arrangements as has

been in place during the first year of the program. Any significant operational changes will be agreed to by both Police Chiefs. In the event of any unresolved issues, the Biddeford City Manager and Saco City Administrator shall resolve the issue(s).

4. City as Sole Employer. The SBOOI Coordinator shall remain an employee of Biddeford during

the term of this agreement for all administrative purposes including, without limitation, pay, benefits and worker's compensation coverage. However, the SBOOI Coordinator shall be subject to the oversight, direction and control of the party for whom duties are being performed and shall

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conform to the relevant provisions of any charter, ordinance or policy of the party for whom duties are being performed.

5. Cost. The Cities agree to share all employment costs of the SBOOI Coordinator equally.

Quarterly, the Cities will meet to determine the amounts owed and payment will be made within thirty (30) days of the determination. The Cities, through their respective City Manager/Administrator will determine the joint budget for the operation of the joint operation, subject to the budget authorization process in each community.

6. Indemnification. If a claim is brought against either Saco or Biddeford arising out of, or within

the scope of the service performed by the SBOOI Coordinator, or any other agents he or she may lawfully engage, for Saco, then Saco shall defend, indemnify and hold harmless Biddeford and its officials, agents and employees, including, without limitation, the SBOOI Coordinator in his or her official and individual capacities from and against all such claims, damages, losses and expenses, including reasonable attorney's fees. If a claim is brought against either Saco or Biddeford arising out of, or within the scope of the service performed by the SBOOI Coordinator, or any other agents he or she may lawfully engage, for Biddeford, then Biddeford shall defend, indemnify and hold harmless Saco and its officials, agents and employees, including, without limitation, the SBOOI Coordinator in his or her official and individual capacities from and against all such claims, damages, losses and expenses, including reasonable attorney's fees. This section shall not be interpreted to waive the monetary limits or substantive areas of immunity under the Maine Tort Claims Act.

7. Term and Termination of Agreement. The initial term of this Agreement shall expire on June

30, 2019 and shall commence on the day it is signed by the Biddeford City Manager and Saco City Administrator. This Agreement may be canceled by either party upon written notice to the other party at least 60 days prior to the intended termination date. The Parties agree that any amendment to this Agreement may be upon the mutual written and affirmative action of the City Councils of both municipalities.

8. Notification. Notices under this Agreement shall be sufficient if sent by first class mail or hand-

delivered as follows:

TO SACO: City Administrator City of Saco 300 Main Street Saco, ME 04072 TO BIDDEFORD: City Manager City of Biddeford 205 Main Street Biddeford, ME 04005

9. Default. In the event a party defaults under this Agreement, the other party shall have those remedies available at law and equity, provided it shall first give the defaulting party written notice and a reasonable time to cure.

10. Disputes. If a claim or dispute arises out of this Agreement or its performance, the Parties agree

to endeavor in good faith to resolve it equitably through negotiation, or if that fails, through non-


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binding mediation. If the Parties are unable to resolve this matter through mediation, the Parties agree to submit their dispute to binding arbitration before a single arbitrator under the rules of the American Arbitration Association.

11. Entire Agreement. This Agreement constitutes the entire agreement between the Parties. If any

clause, section or provision is held to be invalid or unenforceable, that shall not affect the entire agreement and the Parties agree to meet and negotiate a new clause, section, provision, or agreement.

IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year first written. City of Biddeford Date James A. Bennett, City Manager City of Saco Date Kevin Sutherland, City Administrator


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Memorandum

To: Mayor Lovell, City Council, City Administrator From: Bob Hamblen, City Planner; Richard Lambert, Code Enforcement Officer Re: Draft Blasting Ordinance Date: Workshop, June 4, 2018

Councilor Doyle is to be commended for his support of a blasting ordinance, wherein none exists to date in the City. “Earth Removal” operations are recognized by the Zoning Ordinance, and a standard exists for the review and operation of gravel pits and similar uses. However, anywhere in the City where blasting may be required, such as in the case of a new residential development, there are simply no standards in the Ordinance or elsewhere in City Code. This proposal would address that.

Councilor Doyle took it several steps further by drafting a proposed blasting ordinance, based largely on language found in Portland’s ordinances. Staff has also looked at language used in blasting ordinances found in Augusta, Auburn, and Biddeford.

Staff recognizes that no one in the City’s employ is overly knowledgeable about the topic. Consequently, we have reached out to R.W. Gillespie, a geotechnical engineering firm in Biddeford. Eric Wiberg, P.E., has a background in blasting and is reviewing the draft. Comments are expected shortly, which will be used to finalize the draft and prepare it for a workshop with the Planning Board on June 12.

We expect that a public hearing will be scheduled for June 19th with the PB, after which its recommendation on the draft will be forwarded to the Council for review.

The City Planner’s final day of employment with Saco is June 15. Mr. Lambert will move the issue forward thereafter.

CITY OF SACO, MAINE

Planning Robert Hamblen, City Planner Saco City Hall Telephone: (207) 282-3487 300 Main Street Email: [email protected] Saco, Maine 04072-1538 Facebook: /sacomaine

Twitter: @sacomaine

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WORKSHOP ITEM: EDate: June 4, 2018




Memorandum

To: Mayor Lovell and City Council From: Kevin L. Sutherland, City Administrator Re: Summer Schedule Date: Workshop, June 4, 2018

Pursuant to Article II. Chapter C. Section 2.08, the Saco City Council shall meet regularly at least once in every month. Each year, the City Council determines their summer meeting schedule being mindful of busy schedules, summer travel plans, and holidays.

CITY OF SACO, MAINE

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

Twitter: @sacomaine

WORKSHOP ITEM: FDate: June 4, 2018

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https://ecode360.com/13304126



Memorandum

To: Mayor Lovell and City Council From: Kevin L. Sutherland, City Administrator Re: Discussion about Charter Changes Date: Workshop, June 4, 2018

During the workshop on June 4th, the City Council will begin discussions regarding possible Charter amendments. After soliciting recommendations from the City Council, Councilor Minthorn provided several suggestions via email which are included with this memorandum.

Exhibits: Email from Councilor Minthorn

CITY OF SACO, MAINE


Twitter: @sacomaine

WORKSHOP ITEM: GDate: June 4, 2018

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From: Kevin Sutherland Sent: Wednesday, May 23, 2018 4:54 PMTo: Council Ward 5 <[email protected]>Subject: RE: Charter change suggestions

Thanks Alan,

I’ll incorporate these for 6/4

From: Council Ward 5 Sent: Wednesday, May 23, 2018 11:26 AMTo: Kevin Sutherland <[email protected]>Subject: Charter change suggestions

Kevin:

Per Monday’s nights workshop I am submitting the following ideas for future discussion. I submittedfor the November ballot, am i correct in assuming all approved changes could be effective 1/1/19 ornext term if elected.

1) 2.07b The Mayor shall preside over all meetings of the City Council and School Board and onlyvote in the case of a tie.

2) 2.08c Delete seven (7); insert six (6).

3) add 2.11

Open Communications - The City of Saco is committed to the concepts of open governance andoperating “in the sunshine.” Any employee, contractor, or resident believing their voice, whetherwritten or spoken, is not being given fair reception may contact the City Administrator, City Council,or Mayor without fear of prejudice to address their concerns. All City employees are expected toconduct themselves in a professional, respectful manner at all times.

4) 4.01g The Mayor shall preside over the School Board...

5) add 4.01j

Beginning 1/1/19 the School Department shall be listed as a Charter Department in the City of Sacoin Section 5.03 of this document. All governance hall remain as outlined in 4.01a-i of this document.


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The Superintendent shall be recognized as, and expected to perform duties similar to, other CityDepartment Directors.

6) 5.03 Civil Defense edit as (inactive); add letters for - Education; Human Resources; Planning andDevelopment;

7) Section any reference to School Department shall be renamed Education to be consistent with #6above.

8) Section 6.02 insert at the beginning - At the second meeting in February, the City Administrator orassigns and Superintendent or assigns shall present at a joint City Council - School Board meeting afirst half Fiscal Year Detailed Financial report. The level detail equivalent to the approved budgetmaterial. The City Council and School Board shall meet in joint session during the second week ofSeptember and December; monthly joint budget sessions from the second week in February throughthe June Primary Election.

9) Kevin, provided a number of edits creating gender neutrality throughout this document - pleaseprepare those for updating as well.

I would be happy to discuss rationale for 1-8 when appropriate.

Thanks,

Alan MinthornWard 5 City CouncilorSaco, Maine

Under Maine's Right To Know Law, all email and email attachments received or prepared for use inmatters concerning City business or containing information related to City business are likely to beregarded as public records which may be inspected by any person upon request, unless otherwisemade confidential by law. If you have received this message in error, please notify me immediatelyby return mail. Your cooperation is appreciated. REF: 1 MRS. section 401 et seq.


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Memorandum

To: Mayor Lovell and City Council From: Kevin L. Sutherland, City Administrator Re: Discussion about Council Rules and Order of Business Date: Workshop, June 4, 2018

The City Council establishes their meeting and workshop schedule in the Rules and Order of Business. The Rules and Order of Businesses currently has workshops following the regularly scheduled meetings on the first and third Monday of every month. If the Council would like to have the workshops fall on the second Monday of the month, instead of following the regular meeting, then an amendment will need to be made to the Rules and Order of Business.

CITY OF SACO, MAINE


Twitter: @sacomaine

WORKSHOP ITEM: HDate: June 4, 2018

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http://cms.revize.com/revize/saco/Council/City%20of%20Saco%20-%20Rules%20and%20Order%20of%20Business%20(revised%2012-11-17)%204.2018.pdf



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