councilor marshall archer councilor alan r. minthorn ... 8.3.20.pdfcouncilor alan minthorn on july...

Mayor William P. Doyle Councilor Lynn H. Copeland Councilor Marshall Archer Councilor Alan R. Minthorn Councilor Jim Purdy Councilor Jodi L. MacPhail Councilor Joseph Gunn Councilor Nathan D. Johnston

SacoMaine.org | 300 Main Street, Saco, Maine 04072 | (207) 282-4191

SACO CITY COUNCIL MEETING MONDAY, AUGUST 3, 2020 – 6:30PM

ONLINE MEETING VIA ZOOM (sacomaine.org/watchmeetings)

I. CALL TO ORDERII. RECOGNITION OF MEMBERS PRESENTIII. PLEDGE OF ALLEGIANCEIV. GENERAL

A. Spirit of America Recognitions – Alejandra Herrera and Nick ScontrasB. Meal Program Staff Recognition

V. COMMITTEE CORRESPONDENCE TO COUNCILVI. PUBLIC COMMENTVII. APPROVAL OF MINUTES: June 8, 2020, June 15, 2020 and July 13, 2020VIII. CONSENT ITEMS

A. Certification of Election Results – State Primary and Special Referendum P2Election & Special General Election & Budget Validation Referendum ElectionJuly 14, 2020

B. Reappointments to Historic Preservation Commission1. Rob Biggs P7 2. Alyssa Bouthot P8 3. Diana Huot P9 4. Ernest Lowell P10 5. Steve Ryan P11 6. Julia May P12

C. Confirm the Mayor’s Reappointment to the Coastal Waters Commission – P13James Katz

D. Application for a Solid Waste Permit – Doyon’s Property Maintenance & P14Landscaping Inc.

E. Application for a Solid Waste Permit – Waste Management P16 IX. ACTION ITEMS

A. (Public Hearing) Chapter 81 Review: 2 Marguerite Road (Map 10 Lot 17) P26B. Workers Compensation Safety Incentive Program P40 C. Acceptance of Zoning Ordinance Revision Project Completion Timeline P43

P46 P47 P48

X. NEW BUSINESSA. EPA Alternatives Analysis PresentationB. EPA Alternatives Analysis Committee Formation DiscussionC. Discussion on Formation of Arts Commission D. TIF Report

XI. ADMINISTRATIVE UPDATEXII. COUNCIL DISCUSSION AND COMMENTXIII. EXECUTIVE SESSIONXIV. REPORT FROM EXECUTIVE SESSIONXV. ADJOURNMENT

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https://www.sacomaine.org/departments/communications/watch_meetings.php

MEETING ITEM COMMENTARY

AGENDA ITEM: Certification of Election Results – State Primary and Special Referendum Election & Special General Election and Budget Validation Referendum Election July 14, 2020

STAFF RESOURCE: Michele L. Hughes, City Clerk

COUNCIL RESOURCE: Councilor Alan Minthorn

On July 14, 2020 a State Primary and Special Referendum Election & Special General Election and Budget Validation Referendum Election was held. The election results are being submitted to Council for Certification as required by Section 7.03 b. of the Charter of the City of Saco.

Election results

Staff recommends approval.

“Be it Ordered that the City Council hereby approve the results of the July 14, 2020 State Primary and Special Referendum Election & Special General Election and Budget Validation Referendum Election as presented”.

“I move to approve the Order”.

CONSENT AGENDA ITEM: A August 3, 2020

BACKGROUND:

RECOMMENDATION:

EXHIBITS:

SUGGESTED MOTION:

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CONSENT AGENDA ITEM: A August 3, 2020 Exhibit Item: 1

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AGENDA ITEM: Confirm the Mayor’s Re-appointment to the Historic Preservation Commission – Rob Biggs

COUNCIL RESOURCE: Councilor Jodi MacPhail, Ward 6

STAFF RESOURCE: Emily Cole-Prescott, City Planner

BACKGROUND: The Historic Preservation Commission is comprised of five regular members and five associate members. Members serve terms as outlined in section 230-413 of the City’s ordinances.

Mayor Doyle has recommended re-appointment of Rob Biggs (Ward 6) to the Historic Preservation Commission as a regular member, toserve a three-year term from July 1st to June 30th.

RECOMMENDATION: The Mayor recommends confirmation of re-appointment of Rob Biggs as a regular member.

SUGGESTED MOTION: “Be it Ordered that the City Council confirm the Mayor’s re-appointment of Rob Biggs to the Historic Preservation Commission, as a regular member for a three-year term, from July 1, 2020 to June 30, 2023.

I move to approve the Order.”

CONSENT AGENDA ITEM: B. 1 AUGUST 3, 2020

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AGENDA ITEM: Confirm the Mayor’s Re-appointment to the Historic Preservation Commission as an Advisory Member – Alyssa Bouthot

COUNCIL RESOURCE: Councilor Jim Purdy, Ward 2


BACKGROUND: The Historic Preservation Commission is comprised of five regular members and five associate members. Members serve terms as outlined in section 230-413 of the City’s ordinances. The City Council may also appoint advisory members, who cannot vote but can offer advice to the Commission.

Mayor Doyle has recommended re-appointment of Alyssa Bouthot (Ward 2) to the Historic Preservation Commission as an advisory member, to serve a three-year term from July 1st to June 30th.

RECOMMENDATION: The Mayor recommends confirmation of re-appointment of Alyssa Bouthot as an advisory member to the Historic Preservation Commission.

SUGGESTED MOTION: “Be it Ordered that the City Council confirm the Mayor’s re-appointment of Alyssa Bouthot to the Historic Preservation Commission, as an advisory member for a three-year term, from July 1, 2020 to June 30, 2023.


CONSENT AGENDA ITEM: B. 2 August 3, 2020

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AGENDA ITEM: Confirm the Mayor’s Re-appointment to the Historic Preservation Commission – Diana Huot

COUNCIL RESOURCE: Councilor Nathan Johnston, Ward 7



Mayor Doyle has recommended re-appointment of Diana Huot (Ward 7) to the Historic Preservation Commission as a regular member, to serve a three-year term from July 1st to June 30th.

RECOMMENDATION: The Mayor recommends confirmation of re-appointment of Diana Huot as a regular member.

SUGGESTED MOTION: “Be it Ordered that the City Council confirm the Mayor’s re-appointment of Diana Huot to the Historic Preservation Commission, as a regular member for a three-year term, from July 1, 2020 to June 30, 2023.



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AGENDA ITEM: Confirm the Mayor’s Re-appointment to the Historic Preservation Commission – Ernest Lowell

COUNCIL RESOURCE: Councilor Marshall Archer, Ward 1



Mayor Doyle has recommended re-appointment of Ernest Lowell (Ward 1) to the Historic Preservation Commission as an associate member, to serve a three-year term from July 1st to June 30th.

RECOMMENDATION: The Mayor recommends confirmation of re-appointment of Ernest Lowell as an associate member.

SUGGESTED MOTION: “Be it Ordered that the City Council confirm the Mayor’s re-appointment of Ernest Lowell to the Historic Preservation Commission, as an associate member for a three-year term, from July 1, 2020 to June 30, 2023.



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AGENDA ITEM: Confirm the Mayor’s Re-appointment to the Historic Preservation Commission – Steve Ryan

COUNCIL RESOURCE: Councilor Nathan Johnston, Ward 7



Mayor Doyle has recommended re-appointment of Steve Ryan (Ward 7) to the Historic Preservation Commission as a regular member, toserve a three-year term from July 1st to June 30th.

RECOMMENDATION: The Mayor recommends confirmation of re-appointment of Steve Ryan as a regular member.

SUGGESTED MOTION: “Be it Ordered that the City Council confirm the Mayor’s re-appointment of Steve Ryan to the Historic Preservation Commission, as a regular member for a three-year term, from July 1, 2020 to June 30, 2023.



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AGENDA ITEM: Confirm the Mayor’s Appointment to the Historic Preservation Commission – Julia May

COUNCIL RESOURCE: Councilor Marshall Archer, Ward 1



Mayor Doyle has recommended appointment of Julia May (Ward 1) to the Historic Preservation Commission from an associate to a regular member, to serve a three-year term from July 1st to June 30th.

RECOMMENDATION: The Mayor recommends confirmation of appointment of Julia May from an associate to regular member.

SUGGESTED MOTION: “Be it Ordered that the City Council confirm the Mayor’s appointment of Julia May to the Historic Preservation Commission, as a regular member for a three-year term, from July 1, 2020 to June 30, 2023.


CONSENT AGENDA ITEM: B 6 August 3, 2020

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AGENDA ITEM: Confirm the Mayor’s Re-appointment to the Coastal Waters Commission – James Katz

STAFF RESOURCE: Bryan Kaenrath, City Administrator

COUNCIL RESOURCE: Councilor Lynn Copeland

BACKGROUND: The Coastal Waters Commission shall be composed of seven members, to be appointed by the Mayor for a three-year term and approved by the City Council. Each Commission member shall be a resident of the city, shall be persons qualified to perform the duties of such office, and shall serve without compensation.

The Mayor is recommending the re-appointment of James Katz to serve on the Coastal Waters Commission for a three-year term.

EXHIBITS:

RECOMMENDATION: Staff recommends approval

SUGGESTED MOTION: “Be it Ordered that the City Council confirm the Mayor’s re-appointment of James Katz as a full member of the Saco Coastal Waters Commission, effective August 22, 2020 for a three-year term ending on August 22, 2023.”


CONSENT AGENDA ITEM: C August 3, 2020

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AGENDA ITEM: Application for a Solid Waste Permit – Doyon’s Property Maintenance & Landscaping Inc.


COUNCIL RESOURCE: Councilor Jodi MacPhail

BACKGROUND: Doyon’s Property Maintenance & Landscaping Inc. has applied for a Solid Waste Permit for a period of one year.

The applicant has paid all applicable permit fees as required by Chapter 181 – Solid Waste, Article II, Licenses §181-21.

EXHIBITS: Application

RECOMMENDATION: Staff recommends approval.

SUGGESTED MOTION: “Be it Ordered that the City Council grant the application for a Solid Waste Permit as submitted by Doyon’s Property Maintenance & Landscaping Inc.”


CONSENT AGENDA ITEM: D August 3, 2020

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CONSENT AGENDA ITEM: D August 3, 2020 Exhibit Item: 1

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AGENDA ITEM: Application for a Solid Waste Permit – Waste Management



BACKGROUND: Waste Management has applied for a Solid Waste Permit for a period of one year.

The applicant has paid all applicable permit fees as required by Chapter 181 – Solid Waste, Article II, Licenses §181-21.

EXHIBITS: Application

RECOMMENDATION: Staff recommends approval.

SUGGESTED MOTION: “Be it Ordered that the City Council grant the application for a Solid Waste Permit as submitted by Waste Management.”


CONSENT AGENDA ITEM: E August 3, 2020

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CONSENT AGENDA ITEM: E August 3, 2020 Exhibit Item: 1

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Vehicles:

Note: The business does have one more vehicle which is not listed above because they were not able to register it due to COVID-19, by the time this paperwork was spent in. Customers:


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AGENDA ITEM: (Public Hearing) Chapter 81 Review: 2 Marguerite Road (Map 101 Lot 17)

COUNCIL RESOURCE: Councilor Jim Purdy, Ward 2


BACKGROUND: Earlier this year, the City Council initiated its review of land donation to Habitat for Humanity. Since then, the Leedbergs (abutting property owners at 343 Flag Pond Road) have approached the City, asking to purchase some of the City’s land that abuts their property. Staff reached out to Habitat representatives to ask that Habitat share a copy of the survey they were undertaking of the site. Staff received a copy of the survey, which shows several structures owned by the Leedbergs encroaching onto the City’s property. At this time, and after reviewing several options, a positive solution seems to be to sell some of the City’s land to the Leedbergs, retain at least 30,000 square feet of land for the City, and donate the remaining land to Habitat for Humanity.

EXHIBITS: 1. Memo from City Administrator dated July 2, 20202. Documentation provided at the following Council meetings:

January 27, 2020 February 10, 2020 July 13, 2020

3. Answers to Questions from July 13th Council Meeting, datedJuly 20, 2020

4. Chapter 81 Review Request Letter from Mel Leedberg5. Letter from Amy Nucci, Habitat for Humanity, dated July 24,

20206. Email from Dick Lambert, Director of Code Enforcement

RECOMMENDATION:

SUGGESTED MOTION:

The City Council should complete the final steps of the Chapter 81 review process, required for land sale, if it decides to move forward with sale of land to the abutting property owner. It is the Council’s decision about how and whether to sell City property.

“I move to open the public hearing regarding the following order, in substantially the same form as presented: ‘Be it ordered that the City Administrator is hereby authorized to execute sale of approximately 10,000 square feet of land and to execute all necessary documents to donate specified portion of land of 2 Marguerite Road to the Habitat for Humanity'."

Once public comment is received: “I move to close the public hearing and schedule the second and final reading on August 17, 2020 regarding the following order, in substantially the same form as presented: ‘Be it ordered that the City Administrator is hereby authorized to execute sale of approximately 10,000 square feet of land and to execute all necessary documents to donate specified portion of land of 2 Marguerite Road to the Habitat for Humanity'."

ACTION ITEM: A August 3, 2020

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https://www.sacomaine.org/1-27-20%20%20Packet.pdf

https://www.sacomaine.org/2-10-20%20Packet%20UPDATED.pdf

https://www.sacomaine.org/7.13.20%20Packet%20UPDATED.pdf

City Administration Saco City Hall 300 Main Street Saco, Maine 04072-1538

Bryan T. Kaenrath City Administrator [email protected] Phone: (207) 282-4191

TO: City Council

FROM: Bryan Kaenrath, City Administrator

CC: The Leedbergs, 343 Flag Pond Road (abutting property owners) Amy Nucci, Habitat for Humanity

DATE: July 2, 2020 (July 13, 2020 City Council Meeting)

RE: Chapter 81 Review Completion: 2 Marguerite Road (Map 101 Lot 17)

Earlier this year, the City Council initiated its review of land donation to Habitat for Humanity. Since then, the Leedbergs (abutting property owners at 343 Flag Pond Road) have approached the City, asking to purchase some of the City’s land that abuts their property. Staff reached out to Habitat representatives to ask for Habitat to share a copy of the survey they were undertaking of the site. Staff received a copy of the survey, which shows several structures owned by the Leedbergs encroaching onto the City’s property. At this time, and after reviewing several options with both City and Habitat representatives, a positive solution seems to be to sell some (approximately 10,000 square feet) of the City’s land to the Leedbergs, retaining at least 30,000 square feet of land for the City, and donating the remaining land to Habitat for Humanity.

Staff has discussed this potential option with both the Leedbergs and Habitat representatives. Habitat representatives would prefer that the lot lines are drawn so that the Leedberg’s structures are not on the Habitat lot, for future owners and liability concerns, and have expressed interest in maintaining as much frontage as possible along both Flag Pond and Marguerite Roads. There have been preliminary discussions with the Leedbergs about potential sale price along with potential deed restrictions of no land divisions, and restriction on using any part of the City-purchased land toward buildable lot area, other than potential replacement of up to two small structures (under 200 square feet of storage, non-habitable space each, provided that applicable and all zoning requirements are met). Ultimately, it is the City Council’s decision on whether and how the land is sold.

This matter would have been brought to a Council meeting sooner, but unfortunately, Staff could not get in contact with the Leedbergs for some time during the stay-at-home order. If the City Council chooses to move forward with discussion of this sale, Staff recommends that the City Council schedule a public hearing to complete the Chapter 81 review of both the sale of approximately 10,000 square feet of land to the Leedbergs, and donation of specified land to Habitat for Humanity (while retaining 30,000 square feet of land for the City’s use).

Staff looks forward to answering any questions about this information.

ACTION ITEM: A August 3, 2020 Exhibit Item: 1

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mailto:[email protected]

Planning and Economic Development Saco City Hall 300 Main Street Saco, Maine 04072-1538

Emily Cole-Prescott, AICP City Planner

[email protected] Phone: (207) 282-3487 ext.357

TO: Bryan Kaenrath, City Administrator

FROM: Emily Cole-Prescott, City Planner

CC: Code Enforcement Department

RE: City Council Follow-Up: Questions about 2 Marguerite Road Chapter 81 Review from First Reading with City Council

DATE: July 20, 2020

At its July 13th meeting, the City Council had several questions. Staff has compiled the following answers to help provide information about this chapter 81 review request:

Q1: Will there be enough acreage for two lots on the portion to be donated to Habitat for Humanity?:

A1: There is a total of 99,800 square feet of land at 2 Marguerite Road, per survey. Per original discussions with Habitat representatives, the City will retain 30,001 square feet for the playground lot. This leaves 69,799 square feet of land. With current zoning, which requires 40,000 square feet per lot (unsewered and on-lot water), even if the entire parcel is donated to Habitat, only one lot could be developed. The reduction of 10,000 square feet does not impact the ability to develop one lot, based on available acreage.

The proposed zoning ordinance allows lots to be developed on 20,000 square feet of land, which would allow Habitat the option to have more than one lot. If approximately 10,000 square feet of land were to be sold, Habitat would still have enough land to potentially develop two residential lots. Please keep in mind that the ability to build on a lot is impacted by the ability to install septic system and private well, which permitting Habitat will have to undertake before building on the lot(s).

Q2: Is the land to be retained by the City for parks and recreation acceptable to the Parks & Recreation Department?

A2: Ryan Sommer, Parks & Recreation Director, was consulted about the potential lot when the Planning Board reviewed this chapter 81 item in early 2020. Staff also reached back out and confirmed with Director Sommer that he agrees with the amount and location of land to be retained by the City. He has reviewed the plan and indicated that he feels the plan is appropriate. This gives the Parks & Recreation Department enough buffer for the park.

Q3: What is the assessed land valuation of approximately 10,000 square feet of this parcel?

A3: Staff was asked to reached out to the Assessing Department and has been told that the assessed land value of approximately 10,186 square feet is $5,847.20.

Q4: Who will be responsible for the surveying cost?


Exhibit Item: 3

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2

A4: Habitat representatives have already had the property surveyed at their expense. The requesting abutters have worked with the same surveyor at their own expense.

Q5: Is it possible to move the structures?

A5: The Council can request that the property owner move the structures. The purpose of this review with Council is to follow up on a Chapter 81 request from the abutting property owner. There is no adverse possession claim here, because the land is owned by the City of Saco. However, just so the Council is aware, the abutter requesting this Chapter 81 review contacted the City and asked for this review of potential land sale as soon as he found that he did not own the property.

Q6: The City Council requested that the Code Enforcement Department make a report about the buildings.

A6: It is my understanding that the Code Enforcement Department has visited the property and will be completing a report to send to Council.

A copy of the abutting property owner’s letter to request this chapter 81 review is attached.

Staff looks forward to answering any additional questions.


Exhibit Item: 3

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Dear Bryan Kaenrath,

As you know my wife and I became concerned when we became aware of a news article that showed a satellite image of property being donated by the City which showed the lot line coming down the middle of our driveway. Putting part of our driveway, the driveway turnaround, lawn, and outbuildings on the side of the lot being donated.

At this time, I want to give our sincerest thanks to you for easing our minds and letting us know something could be worked out. And I would like to thank you, Emily Cole-Prescott and the city attorney for the work you did in bringing this problem to an amicable solution.

Given that this has been our home for 22 years. It is a serious hardship and shock of having structures, lawn, and driveway that are not on your land when you thought otherwise. This could impact mortgage and has future marketability implications. I would like to formally ask the City for the opportunity to purchase from the Town at a minimum, the driveway, driveway turnaround, lawn, and land under outbuildings and structures. I would like to also ask for permission to be able to replace any existing structures in the future.

During the initial survey, I met with Mr. Eaton from R.W. Eaton Associates, a very cordial, and knowledgeable gentleman. He was also surprised at where the sideline came out, but he assured me that he had thoroughly researched the deeds, I believe he said he even researched a second time to double-check.

My lot according to the dimensions of the map that Richard Eaton had drawn up shows my lot to be about 22,000 square feet. The City of Saco zoning for my area calls for a lot with an onsite septic system and onsite water to be 40,000 square feet.

For health reasons and safety of the water supply, I would be worried about the small lot size and contamination coming into my well. My neighbors well at 345 Flag Pond Road has been contaminated before and I am worried about my well becoming contaminated. Maybe someone with more knowledge on this subject could weigh in.

I recently spoke to Mr. Eaton and he has agreed to survey the new side lot line that we decided on at our meeting for a cost of around $1000.00 to me.

For some background on the property, I bought the property back in 1998 and I’ve enclosed a copy of my deed for reference. It simply says that I bought 2 lots, lots 49 and 50 but does not give any dimension or pin locations for the lots.

As there were no visible pins and the confusion of the 2 lots, we asked the neighbors where the lot lines were. Our neighbor on the right Mrs. Goldthwait maintained that we both owned to the middle of the wooded lot between us. (which is the lot being donated to Habitat.)


Exhibit Item: 4

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The initial purchase of my property was through foreclosure, this was essentially a cash transaction. The property was mortgaged twice since then and neither time were we notified that the outbuildings were on the other side of the line. Or that we, in fact, did not own our driveway, driveway turnaround, and lawn. It has always been our knowledge and belief that we owned the land.

Our last mortgage was through Chase bank in 2008.

I don’t know what the mortgage implications would be for having your driveway, driveway turnaround, lawn, and outbuildings not on the mortgaged property, but the drop in resale value and marketability of our home I feel would be significant. Again, my wife and I give you our deepest gratitude for bringing what otherwise would have been a horrible outcome both financially and emotionally to an agreeable and workable solution.

Best regards,

Mel and Laura Leedberg

ACTION ITEM: A August 3, 2020 Exhibit Item: 1

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Exhibit Item: 4

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Exhibit Item: 4

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P.O. Box 267, Kennebunk, Maine 04043-0267 (207) [email protected] www.habitatyorkcounty.org

July 24, 2020

Dear City Counselors,

Habitat for Humanity York County is grateful for the city of Saco’s generous commitment to donate land

at 2 Marguerite Road. We ae very excited to be partnering with Hancock Lumber to build our first

Habitat home in Saco, and we look forward to beginning construction this fall.

I am writing on behalf of Habitat writing to express our support for the sale of approximately 10,000

square feet of the encroached upon portion of the lot to the abutter. Habitat has been working with city

staff throughout the process to resolve the encroachment issue, and we agree that this solution is not

only the most expeditious and straightforward resolution, it is the one which should hopefully allow us

to begin construction as soon as possible.

Habitat is grateful that the City is demonstrating its commitment to affordable housing through such a

generous donations of City owned property. Habitat respectfully requests that the city council make

this donation to Habitat without restrictions, regarding sprinklers or otherwise. The health and safety of

our homeowners is paramount to us, and we welcome the opportunity to meet with Deputy Chief

Pendleton to explore the addition of a sprinkler system along with grant opportunities to offset the

additional expense. However, should we not be able to secure the donations or funding to support the

purchase and installation, which is not required by zoning, this requirement would represent an

additional fundraising burden, and fundraising has already become more challenging in recent months

due to the coronavirus pandemic. We are committed to addressing the city’s concerns, but respectfully

ask that the council consider avoid imposing any restrictions which would Habit to a higher standard

while adding additional cost or impeding our ability to maximize the number of homes we are able to

build on this lot.

Thank you again for your generous donation and commitment to affordable homeownership in Saco.

Sincerely,

Amy Nucci Executive Director


Exhibit Item: 5

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From: Richard LambertTo: Bryan KaenrathCc: Torie Gorman; Emily C. PrescottSubject: Habitat for Humanity/Leedberg lotDate: Wednesday, July 22, 2020 3:53:41 PM

Bryan,I did some research and made a site visit to the Leedberg property on Flag Pond Road/MargueriteCircle this week. It appears there are several accessory buildings that were constructed over theyears, possibly by previous owners of the property. There is a fairly large Quonset Hut thatmeasures about 16 x 28 that is the largest one of the group of about 3. There is also a small 8 x 10shed and a 12 x 20 shed as well as kennel that is mostly just a fenced in area. The area where thesebuildings are located sits well of the main road and the area is heavily forested so it would not havebeen something we could have noticed by just driving by. There is sometimes a misconception by residents as to what needs a building permit and what doesnot. Buildings like Quonset huts and sheds are sometimes looked upon as “temporary buildings”that folks think they don’t need a permit for. We are trying to dispel this perception. I could notdetermine the age of the buildings but they appear to have been there for some time.As far as I can determine, the City is only assessing for one outbuilding of 80 square feet.

Richard Lambert, CBODirector of Code EnforcementCity of Saco300 Main StreetSaco, Maine 04072(207) [email protected]


Exhibit Item: 6

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Additional Information provided by

Bradley Morin of Bourque Clegg Causey & Morin on behalf of Mel Leedberg regarding property on Marguerite Road


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AGENDA ITEM: Workers Compensation Safety Incentive Program

COUNCIL RESOURCE:

Councilor Marshall Archer

STAFF RESOURCE: Glenys Salas, Finance Director

BACKGROUND: MMA has developed the Workers’ Compensation Safety Incentive Program to help reduce the incidents and impact of workplace injuries by implementing WC claim best practices. This program replaces the current LEADER program. MMA has asked that participating municipalities gain approval from their respective boards or Counsels

EXHIBITS: A. WCIP Resolve Form

RECOMMENDATION: Staff Recommends Approval

SUGGESTED MOTION:

“WHEREAS, the City of Saco is a member of the Maine Municipal Association Workers’ Compensation Fund (hereinafter “WC Fund”); and

WHEREAS, Maine Municipal Association (hereinafter “MMA”) provides risk management services and workers’ compensation coverage; and

WHEREAS, MMA developed the Workers’ Compensation Safety Incentive Program (hereinafter “the Program”) to help reduce the incidents and impact of workplace injuries by implementing WC claim best practices; and

WHEREAS, MMA will provide necessary written program information, and offer assistance to participants; and

WHEREAS, WC Fund members that participate in the Program and complete the required activities, will have the opportunity to earn a credit to their annual contribution; and

WHEREAS, the City of Saco is committed to providing a safe environment for its employees, citizens, and visiting public; and

WHEREAS, the Program will help enhance such an environment and promote a self‐sustaining culture of safety with participating members,

ACTION AGENDA ITEM: B August 3, 2020

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NOW THEREFORE BE IT RESOLVED BY THE City of Saco to elect to participate in the MMA Workers’ Compensation Safety Incentive Program.

“I move to approve the resolution”.

ACTION AGENDA ITEM: B August 3, 2020

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WORKERS’ COMPENSATION FUND

RESOLVE FORM

Ed. 01/01/2020

MMA WORKERS’ COMPENSATION SAFETY INCENTIVE PROGRAM

RESOLVE FORM

WHEREAS, the is a member

of the Maine Municipal Association Workers’ Compensation Fund (hereinafter “WC Fund”);

and

WHEREAS, Maine Municipal Association (hereinafter “MMA”) provides risk management services and

workers’ compensation coverage; and

WHEREAS, MMA developed the Workers’ Compensation Safety Incentive Program (hereinafter “the

Program”) to help reduce the incidents and impact of workplace injuries by implementing

WC claim best practices; and

WHEREAS, MMA will provide necessary written program information, and offer assistance to

participants; and

WHEREAS, WC Fund members that participate in the Program and complete the required activities,

will have the opportunity to earn a credit to their annual contribution; and

WHEREAS, the is committed

to providing a safe environment for its employees, citizens, and visiting public; and

WHEREAS, the Program will help enhance such an environment and promote a self‐sustaining culture

of safety with participating members,

NOW THEREFORE BE IT RESOLVED BY THE ________________________________________________

to elect to participate in the MMA Workers’ Compensation Safety Incentive Program.

DATED THIS ________ DAY OF ____________________, 20____

ATTEST by Governing Board (signatures or e‐signatures):

______________________________________ ____________________________________

______________________________________ ____________________________________

______________________________________ ____________________________________

______________________________________ ____________________________________

______________________________________ ____________________________________

ACTION AGENDA ITEM: B August 3, 2020 Exhibit Item: 1

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AGENDA ITEM: Zoning, Site Plan, and Subdivision Ordinances Revisions – Project Completion Timeline

COUNCIL RESOURCE: Councilor Nathan Johnston, Liaison to the Zoning Ordinance Revision (ZOR) Steering Committee & Planning Board

STAFF RESOURCE: Emily Cole-Prescott, AICP, City Planner

BACKGROUND: On February 20, 2018, the City Council voted to adopt the 2018 update of Saco’s Comprehensive Plan, which was a result of two years of review and discussion by an ad-hoc committee and staff. On October 15, 2018, the City Council established the Zoning Ordinance Revision Steering Committee to work with selected consultants TZM Planning and EF Design & Planning LLC (who were chosen as a result of a competitive RFP process). This work included a survey initiative with over 1,000 respondents and a well-attended charette, as well as multiple meetings about the direction for the Zoning, Site Plan and Subdivision Ordinances. The consultants and ZOR Steering Committee produced Drafts One, Two, and Three of the ordinances, which were under review through October 2019.

In October 2019, the Planning Board and Historic Preservation Commission hosted meetings and public hearings to review and forward reports on the proposed draft three ordinances to City Council. On November 4, 2019, the City Council held its public hearing, and referred the Zoning, Site Plan, Subdivision Ordinances, and Zoning Map to the Planning Board for further review. At this meeting, the City Council also accepted the Planning Board and Historic Preservation Reports on the proposed Historic Preservation section of the Draft Three ordinances and approved the second and final reading of the Historic Preservation Ordinance on November 18, 2019.

Since December 2019, the project has been staff-led, and the ZOR Steering Committee and Planning Board have met in workshops to review remaining items of the draft ordinances. The time, energy and effort that the Committee and Board members have dedicated to extra workshop time should be commended. The Planning Board and ZOR Steering Committee have reviewed this proposed completion timeline at the June 30th and July 14th workshops, and have provided consensus to move forward with the anticipated schedule.

EXHIBITS: 1. ZOR Project Completion Timeline (revised as of 07/14/2020)

ACTION ITEM: C August 3, 2020

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https://www.sacomaine.org/2-20-18%20Meeting%20Agenda%20and%20Packet.pdf

https://www.sacomaine.org/Comp%20Plan/City%20of%20Saco%202018%20Comp%20Plan%20Downtown%20Update%20FINAL%204.9.18.pdf

https://www.sacomaine.org/Comp%20Plan/City%20of%20Saco%202018%20Comp%20Plan%20Downtown%20Update%20FINAL%204.9.18.pdf

https://www.sacomaine.org/Council%20Packet%2010.15.18.pdf

https://www.sacomaine.org/11.4.19%20Packet.pdf

https://www.sacomaine.org/11-18-19%20Packet.pdf

https://www.sacomaine.org/11-18-19%20Packet.pdf

RECOMMENDATION: Staff, the ZOR Steering Committee, and the Planning Board support this project completion timeline and recommend the City Council support this schedule.

SUGGESTED MOTION: “I move to support this proposed completion timeline, noting that it may be subject to revision as the project moves toward completion.”

ACTION ITEM: C August 3, 2020

44

Zoning Ordinance Revision Completion Timeline*

Date Action Item

Tuesday, August 4th First Publication Date (includes map) of Planning Board public hearing Post notice of Planning Board public hearing

Tuesday, August 11th Second Publication Date (includes map) of Planning Board public hearing

Tuesday, August 18th Planning Board Public Hearing

Tuesday, September 1st Planning Board Meeting – back-up date for continued hearing & first review of draft report

Tuesday, September 15th Planning Board adopts report and recommends to City Council

Monday, September 28th City Council receives Planning Board report, completes first reading, and schedules public hearing

Wednesday, September 30th

Information sent to Minutemen Press for mailing

Wednesday, October 7th Letters and map mailed from Minutemen Press

Wednesday, October 7th Notice posted at City Clerk’s Office

Wednesday, October 7th First notice published in the newspaper (includes map) of City Council hearing

Friday, October 16th Second notice published in the newspaper (includes map) of City Council hearing

Monday, October 26th City Council Public Hearing (The City Council prepares and files with the City Clerk at the beginning of the hearing a written certificate indicating those persons to whom the notice was mailed and at what addresses, when it was mailed, by whom it was mailed and from what location it was mailed).

Monday, November 9th City Council Second Reading/Final Vote

Monday, November 16th City Council back-up date for final vote

*This schedule is subject to change with final review of draft ordinances by Planning Board and City Council.

ACTION ITEM: C August 3, 2020 Exhibit Item: 1

45


AGENDA ITEM: Authorize the Creation of a WRRD Coastal Resiliency Ad Hoc Committee

STAFF RESOURCE: Howard Cater, Director of WRRD Emily Roy, Director of Communications


BACKGROUND: The purpose of this ad hoc committee is to bring together members of the community, City Councilors, and staff to identify a set of community goals to guide future investment and priorities for the Water Resource Recovery Department.

The WRRD and Communications Department are partnering with the US Environmental Protection Agency to convene this community stakeholder group and facilitate and support meaningful conversations between the anchor institution and community members.

The committee, appointed by the Mayor, will consist of 12-15 members.

RECOMMENDATION: Staff recommends creation of the committee and to allow the Mayor to appoint members as necessary.

SUGGESTED MOTION: “Be it Ordered that the City Council authorize the creation of an Ad Hoc WRRD Coastal Resiliency Committee and allow the Mayor to confirm appointments to the committee as necessary.”

“I move to approve the order.”

NEW BUSINESS ITEM: B August 3, 2020

46


AGENDA ITEM: Authorize the Creation of an Arts Commission



BACKGROUND: The purpose of this commission is to bring together members of the community, City Councilors, and staff to improve the aesthetic quality of the City’s public spaces. The commission will encourage and support art in our community while strengthening economic development and improving quality of life. The commission will act as an advisory body to the City Council and City staff to provide expertise on visual arts to enrich the cultural life in Saco.

The committee, appointed by the Mayor, will consist of 9 members.

RECOMMENDATION: Staff recommends creation of the committee and to allow the Mayor to appoint members as necessary.

SUGGESTED MOTION: “Be it Ordered that the City Council authorize the creation of Arts Commission and allow the Mayor to confirm appointments to the commission as necessary.”

“I move to approve the order.”

NEW BUSINESSS ITEM: C August 3, 2020

47

TIF Report_FY20 Year End_2020

TIF District #1 Industrial Park Road

Development Program & Credit Enhancement Agreements (CEAs)

FY20 Budget FY2020 Development Program Status FY20 Expenditures

FY20 Carried Forward Budget

BalanceNOTES

Fire Station - Land Acquisition $200,000Land for a new fire station has not yet been purchased. This will remain earmarked for land acquisition, unless it is determined in a future year to not be necessary.

$0 $200,000

Fire Station - Communications Tower $200,000

A fire station communications tower has not yet been built. This will remain earmarked for future construction of the communications tower.

$0 $200,000

Legal Fees (City/business development, TIFs, CEAs) $30,000

Balance remains earmarked for future legal fee expenditures. Will not need to add more to this allocated amount in FY22

$4,010 $25,990

Saco Gateway Signage/Wayfinding $100,000

A comprehensive wayfinding project, including entryway signage to the Mill Brook Business Park is scheduled to begin in Fall 2021.

$0 $100,000

Workforce Development Programs and Training $50,000

Workforce development programs and training will begin January 2021. Will be working with companies to offer matching funding for training.

$0 $50,000

Industrial Park Sidewalks $100,000 Postponed to FY21 due to current PW workload $0 $100,000

Roads - General Obligation Bond (pro-rated) $110,000 General Obligation Bond payment was made and will

continue to be made on an annual basis $110,000 $0

Zoning Ordinance / Maps, GIS, Overlays $50,000

Once the updated zoning ordinance has been adopted (scheduled for fall 2020), this budget will be used to finalize the zoning map GIS and printing.

$0 $50,000

Vision Software (Misc Expense) $0 Pro-rated portion of additional licenses for Vision $10,000 -$10,000

FY20 Budget Expense Total $840,000 $124,010 $715,990

Revenue Source FY20 Budgeted FY20 Actual FY20 TOTAL

Revenue Transfer Revenue from General Fund $200,634 $227,634 $227,634

Interest Earned $15,000 $17,008 $17,008

FY20 Revenue Total $215,634 $244,642 $244,642

City of Saco - Tax Increment Financing (TIF) DistrictsFY2020 Year End Report on Budget, Expenditures and FY20 Carried Forward Budget Balances

Report Prepared by Denise M. Clavette, DirectorPlanning and Economic Development

Page 1

NEW BUSINESS ITEM: D August 3, 2020

48


TIF District #5 77 Industrial Park Road




Balance

Business Retention/Expansion (software, services) $20,000 ExecutivePulse was purchased to support business

support and economic development. $2,861 $17,139

Business Attraction/Market Analysis $35,000

The City has signed a contract with Camoin Associates to complete a Market Analysis. The timeline for this project has been extended due to Covid-19 impacts and is anticipated to be completed by early 2021.

$14,000 $21,000

Busines Attraction/Trade Shows, Advertising, Travel $45,000 $0 $45,000




Interest Earned $1,200 $1,456 $1,456

FY20 Revenue Total $51,023 $64,562 $64,562

Page 2


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TIF District #7 Spring Hill Road




Balance

Development Lots - Land Acquisition $0 $0

Site Engineering $200,000 Pro-rated site engineering costs for new business park lots adjacent to Public Works new facility $200,000 $0

Development Lots - Road Construction $1,000,000 Pro-rated road construction costs for new business park

lots adjacent to Public Works new facility $1,000,000 $0

BSOOB Transit $165,000 Annual transit payment for capital expenditures in BSOOB Transit $165,000 $0

Sewer Bond Payment (pro-rated) $175,625 Pro-rated portion of sewer bond payment $175,625 $0

Legal Fees (City/business development, TIFs, CEAs) $0

Legal fees pertaining to Spring Hill Road TIF District are now being charged to their respective TIF districts, rather that to the City Solicitor line in the general fund. In future years, we will need to budget accordingly.

$4,180 -$4,180

FY20 Budget Expense Total $1,540,625 $1,544,805 -$4,180

Credit Enhancement Agreements A Duie Pyle CEA $0

CEA payment is 100% of tax increment revenue on the increased assessed value. Agreement ends in FY2031, with no cap.

$26,002 $26,002

FY20 CEA Total $0 $26,002 $26,002FY20 Expense Total $1,540,625 $1,570,807 $21,822



Interest Earnings $20,000 $9,333 $9,333

FY20 Revenue Total $478,527 $392,646 $392,646

Page 3


50


TIF District #8 34 Spring Hill Road




Balance

Business Attraction - Business Commercial Marketing $30,000

Marketing and advertising for the new business park lots will begin in FY21. Additional marketing for business attraction to Saco will begin post market analysis outcomes and recommendations on which businesses to target.

$30,000

FY20 Budget Expense Total $30,000 $0 $30,000

Credit Enhancement Agreements White Rabbit, LLC $17,108

The percentage of tax increment due to the company is determined by the number of qualified employees. For 26-29 qualified employees, the company shall be due 25% of the tax increment. For 19-25 qualified employees, the company shall be due 20% of the tax increment. For fewer than 19 quality jobs, the company shall be due 0%. "Qualified employee" is defined as a full-time job that pays an hourly wage at least 50% higher than the federal minimum wage, or an average salary of at least 125% of the median income as defined by the United States Department of Housing & Urban Development. Agreement ends in FY2039 or at such time that the cap of $125,000 is paid to the company.

$16,754 $16,754

FY20 CEA Total $17,108 $16,754 $16,754

FY20 Expense Total $47,108 $16,754 $46,754



Interest Earnings $800 $1,487 $1,487

FY20 Revenue Total $38,817 $38,718 $38,718

Page 4


51


TIF District #9 Park North




Balance

Flag Pond/US Route 1 Signalization & Intersection Improvements

$160,000

City of Saco's match for the Business Partnership Initiative (BPI) with Maine DOT and Hancock Lumber for Flag Pond/US Route 1 signalization and intersection improvements, including Cascade Road improvements. 3-way match for a project total of $480,000. Project begins early fall 2021.

$0 $160,000

Zoning Ordinance Coding $8,000Pro-rated zoning ordinance coding for new zoning ordinance. Will be done in FY21 after zoning ordinance is adopted

$0 $8,000

Zoning Ordinance / Maps, GIS, Overlays $42,000

Once the updated zoning ordinance has been adopted (scheduled for fall 2020), this budget will be used to finalize the zoning map GIS and printing.

$0 $42,000


Legal fees pertaining to Park North TIF District are now being charged to their respective TIF districts, rather that to the City Solicitor line in the general fund. In future years, we will need to budget accordingly.

$3,132 -$3,132


Credit Enhancement Agreements Park North Develoment $337,366

In the City's 2013-2014 tax year, the City retained the first $11,587 of Real Property Tax Increment Revenues. The next $200,000 of the same shall be allocated to the company. The next $85,714 of the same shall be retained by the City. The balance of the Real Property Tax Increment Revenues, if any, shall be allocated 70% to the company and 30% to the City. This agreement ends in FY2037, or until such time as the project costs and debt service are fully paid, at which point the term shall end regardless of the year. It is anticipated that the overall TIF revenue paid to the developer will reach approximately $7,000,000.

$352,797 $352,797

FY20 CEA Total $337,366 $352,797 $352,797FY20 Expense Total $547,366 $355,929 $559,665



Interest Earnings $1,600 $5,208 $5,208

FY20 Revenue Total $408,449 $509,204 $509,204

Page 5


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TIF #12Saco Island #4 -

Chinburg




Balance

Biddeford Saco Chamber Dues $10,000Annual Dues for the Biddeford Saco Chamber were paid. This will be an annual expense moving forward. Formerly was paid out of the general fund.

$10,000 $0

FY20 Budget Expense Total $10,000 $10,000 $0

Credit Enhancement Agreements Saco Mill #4 $188,491

Years 1-8 of the CEA: company is allocated 80% of tax increment revenue on the increased assessed value. Years 9-30 of the CEA: company is allocated 60% of tax increment revenue on the increased assessed value. Agreement ends in FY2045, or at such time that the cap of $5,000,000 is paid to the company.

$196,436

FY20 CEA Total $188,491 $196,436FY20 Expense Total $198,491 $206,436

Revenue Source FY20 Budgeted FY20 Actual FY20 TOTAL Revenue Transfer Revenue from General

Fund $235,614 $245,545 $245,545

Interest Earnings $600 $1,381 $1,381

FY20 Revenue Total $236,214 $246,926 $246,926

Page 6


53


TIF District #14 Mill Brook Omnibus




Balance


Legal fees pertaining to Mill Brook District are now being charged to their respective TIF districts, rather that to the City Solicitor line in the general fund. In future years, we will need to budget accordingly.

$1,299 -$1,299

FY20 Budget Expense Total $0 $1,299 -$1,299

Credit Enhancement Agreements

9 MB, LLC (aka Nikel/Precision Mfg)

FY2019-FY2027: Company is allocated 40% of the tax increment revenue on the increased assessed value. FY2028-FY2035: Company is allocated 50% of tax increment revenue on the increased assessed value. FY2036-FY2044: Company is allocated 70% of tax increment revenue on the increased assessed value. Agreement ends in FY204, or at such time that the cap of $1,200,000 is paid to the company.

$8,474

Mill Brook Q, LLC (aka Maine Molecular)

Years 1-10: Company is allocated 80% of tax increment revenue on the increased assessed value. Years 11-30: Company is allocated 0% of tax increment revenue on the increased assessed value. Payments end in FY2026, or at such time that $800,000 is paid to the company (agreement ends in FY2046).

$58,093

Pond Cove Millwork

The percentage of tax increment due to the company is determined by the number of employees of the company, subject to verification of payroll records. If the company employs 36 or more full-time employees, the company's share shall be 52% for that year. If the company employs 30-35 full-time employees, the company's share shall be 40% for that year. If the company employs 25-29 full-time employees, the company's share shall be 30% for that year. If the company employs 20-24 full-time employees, the company's share shall be 20% for that year. If the company employs less than 20 full-time employees, the company's share shall be 0% for that year. Agreement ends in FY2045, or at such time that $508,166.54 has been paid to the company.

$11,921

$77,141

FY20 CEA Total $77,141 $78,489FY20 Expense Total $77,141 $79,788

Revenue Source FY20 Budgeted FY20 Actual FY20 TOTAL Revenue Transfer Revenue from General

Fund $147,193 $145,697 $145,697

Interest Earnings $1,200 $55 $55FY20 Revenue Total $148,393 $145,752 $145,752

Page 7


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TIF District #15 Downtown Omnibus




Balance

Cutts Ave Project/Grant Commitment - Final Payment $212,000

Cutts Ave second of three payments was made in FY20. The final payment was released from its encumbrance. Will only be paid out if Phase III of the Cutts Ave Project is completed in a few years

$204,333 $7,667

Saco Main Street $71,000Annual payment to support Saco Main Street. Formerly paid out of the general fund, will now be paid out of the Downtown TIF District

$71,000 $0

Façade Improvement Grant Program $60,000

The Façade Grant Program has been developed and launched softly due to Covid-19 impacts to local businesses. Program will officially be launched late summer 2020.

$0 $60,000

Downtown Grant Program (to assist business retention) $40,000

This program has been expanded to be applicable city-wide and will be administered through the Southern Maine Finance Agency.

$0 $40,000

Covid-19 CELF Loans $0

This program was initiated as an emergency loan fund and is being administered by SMFA. The initial installment of $70,000 was made after the FY21 budget was passed. Balance of the $130,000 will be distributed in FY21.

$70,000 -$70,000


Legal fees pertaining to Park North TIF District are now being charged to their respective TIF districts, rather that to the City Solicitor line in the general fund. In future years, we will need to budget accordingly.

$2,718 -$2,718


Credit Enhancement Agreements $0

FY20 CEA Total $0 $0 $0FY20 Expense Total $383,000 $348,051 $34,949

Revenue Source FY20 Budgeted FY20 Actual

Revenue Transfer Revenue from General Fund $456,666 $732,954

Interest Earnings $975 $1,934

FY20 Revenue Total $457,641 $734,888

Page 8


55


TIF District #16 Ready Seafood




Balance

$0 $0 $0

FY20 Budget Expense Total $0 $0 $0

Credit Enhancement Agreements Ready Seafood $0

CEA Years 1-10: Company's share shall be 70% of tax increment revenue on the increased assessed value. CEA Years 11-20: Company's share shall be 60% of tax increment revenue on the increased assessed value. Agreement ends 20 years after the first tax year when the tax increment on the increased assessed value first equals $1 million, or at such time that a total of $1,800,000 has been paid to the company.

$15,488 $15,488

FY20 CEA Total $0 $15,488 $15,488FY20 Expense Total $0 $15,488 $15,488


Revenue Transfer Revenue from General Fund $0 $22,126 $22,126

Interest Earnings $0 $0 $0

FY20 Revenue Total $0 $22,126 $22,126

Page 9


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TIF District General Dynamics




Balance

$0 General Dynamics TIF District and Credit Enhancement Agreement terminated in 2020. $0 $0

FY20 Budget Expense Total $0 $0 $0

Credit Enhancement Agreements General Dynamics $13,562 Receives 100% of the tax Increment on the increased

assessed value. Agreement concluded this year. $13,161 $13,161

FY20 CEA Total $13,562 $13,161 $13,161FY20 Expense Total $13,562 $13,161 $13,161



Interest Earnings $0 $0 $0

FY20 Revenue Total $13,562 $13,161 $13,161

Page 10


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councilor marshall archer councilor alan r. minthorn ... 8.3.20.pdfcouncilor alan minthorn on july...

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