state of maine county of york city of saco i. call to ... clerk/council... · county of york city...

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b99c-a9705de99bb8file.doc 9/24/2009 1

STATE OF MAINE

COUNTY OF YORK CITY OF SACO

I. CALL TO ORDER – On Monday, September 21, 2009 at 7:00 p.m. a Council Meeting was held in the

City Hall Auditorium.

II. ROLL CALL OF MEMBERS – Mayor Roland Michaud conducted a roll call of the members and

determined that the Councilors present constituted a quorum. Councilors present: Margaret Mills, Leslie Smith Jr.,

Ronald E. Morton, Sandra Bastille, Arthur Tardif, Eric Cote and Marston Lovell. City Administrator Rick Michaud

was also present.

III. PLEDGE OF ALLEGIANCE

IV. GENERAL:

V. APPROVAL OF MINUTES: SEPTEMBER 8, 2009

No action.

VI. AGENDA ITEMS:

A. JOE RILEY EMPLOYEE AWARD – KEVIN LOMBARD, PARKS & RECREATION

PROGRAM DIRECTOR

The City has an employee recognition program titled the ‘Joe Riley Quality Service Award’. The award is open to

all employees- full time, part time, seasonal, union/non-union; and merit/non-merit eligibility. The intent of this

program is to recognize an outstanding employee or group of employees for exceptional performance and to inspire

employees to perform at their highest levels.

The award is given on a quarterly basis. Nominations can be made by any employee, citizen, or board/committee

member. Candidates for the award should meet the criteria as established on the nomination form as follows in part:

Record of excellence in day to day performance

Leadership by example

‘Can Do’ attitude

Dedication to serving the public

Service above and beyond

Some of the remarks included in the nomination form for tonight’s recipient are:

His hard work & dedication has transformed the programs

Increase in revenue can be attributed to his commitment and drive

He has implemented policies & procedures to ensure not only safe but staffed by qualified

individuals

He was instrumental during renovations with his vision of the building’s potential by using

his construction background

He is an invaluable resource and one of the most versatile individuals to work with

It is with a great deal of pride that Mayor Roland Michaud presented the Joe Riley Quality Service Award

to: Kevin Lombard, Parks & Recreation Program Director. The City of Saco hired Kevin on July 18,

2003.

Kevin’s name has been added to the Joe Riley Quality Service Award Plaque, and has received a $100 gift card.


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B. RECOGNITION OF GIRLS SOFTBALL AND BOYS LITTLE LEAGUE ACCOMPLISH-

MENTS

Mayor Roland Michaud presented certificates of achievement and pins from the city to each of the members and

staff from both the Girls Softball and Boys Little League teams.

Saco Senior All Star Girls State Softball Championship

For the first time in the 19 year history of the Saco Girl’s Little League softball, a Saco major league All Star team

has won a State title. Saco’s Senior League team took two out of three from Camden-Rockport in the final round to

capture the title.

Due to the season-long weather issues, and schedule quirks, Saco’s regular season had ended 1 month before the

finals, and the cobwebs showed in game 1 as Camden eked out an 8-7 win. But, the following day, all warmed up

and back to form, Saco swept both games of a doubleheader 13-3 (5 inning mercy rule) and 7-0 (5 inning rain-

shortened) to win the championship.

At the conclusion of the final game, pictures and tears from many of the moms were the rule, as this Saco team is

comprised of many girls who have chased this dream for literally years. As Saco’s most successful “grouping”

ever, players from this team go back 4 and 5 years.

Saco’s team:

Mary Brown – cf, ss Katie Campisi – rf, lf Taylor Duranceau – 1b, rf

Kristen Duross – lf, cf Arica Foster – c Aryn Foster – 2b, p, cf

Karen Jacques – 2b, cf Katie Kalagias – p, 3b, cf Courtney Lynch – 1b, lf

Vanessa McCrum – 3b, p Amanda Robinson – 2b Jenny Scontras – ss, c

Meg Strickland – rf Katherine Zafirson - 3b, c, 1b

Manager: Stan Scontras Coach: Tom Duross

Saco Little League All Star State Championship

The Saco little league boys all stars won the 10-11 year old division Little League state championship. The team is

comprised of thirteen 11 year-old players. Prior to advancing to the state tournament, the team won the District 4

championship by defeating Kennebunk and then Wells Ogunquit twice. In the district tournament, the team

outscored their opponents by a combined score of 46-3! The district tournament was held at Saco’s home field on

Summer Street.

The team advanced to the state tournament in Cape Elizabeth and lost the opening game on Saturday, July 25 to

Waldo County by a score of 4-0. That put the team in the losers bracket which meant they had to play pretty much

every day until the end of the tournament. The team went on to win the rest of their games, which is a tremendous

accomplishment.

Losing the opening game and then advancing through the loser's bracket is very difficult to do. However, they

worked as a team and each player made significant contributions to the team’s success in both the district and state

tournaments.

Saco’s Team:

Mitchell Bechard Justin Cloutier Andre Coleman Jacob Hale Josh Hill

Ben Lambert Austin McCrum Isaac Patry Logan Picard Colby Priest

Conor Purvis Chris Vallee Ben Zuke

Coaches: Eric Purvis (Manager), Keith Lambert, Mark McInnis, Tim Vallee and Brad McCrum.


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C. PROCLAMATION – FAMILY DAY 2009

Mayor Roland Michaud proclaimed Monday, September 28, 2009 as Family Day in the City of Saco. A day to eat

dinner with your children, and urged all citizens to recognize and participate in its observance.

Family Day is a national movement that promotes the parental engagement fostered during frequent family dinners

as a simple, effective way to prevent substance abuse in kids. Family Day is celebrated annually on the fourth

Monday in September and was launched by the National Center on Addiction and Substance Abuse at Columbia

University in 2001.

A copy of the complete proclamation is on page 9 as Attachment A.

Councilor Smith moved, Councilor Mills seconded to accept the proclamation. The motion passed with unanimous

consent.

D. CODE AMENDMENT – CHAPTER 15, FUNDS – (PUBLIC HEARING)

There are several trust funds held by the city as trustee. Each has its own ordinance providing governing use,

administration, etc.

City code Chapter 15, Funds, Article I, and II, Trust Funds provides the structure for the care of these trusts and the

charge of the Board of Trustees. Chapter 15 is being updated to reflect current practice; the changes in the Code are

housekeeping in nature and refer to: Article I, appointment and term, meeting requirements, and vacancies; and

Article II, membership and term.

There will be a Public Hearing to set compensation for board members, and to appoint members to the Board of

Trustees in Article I on October 5, 2009.

The city council discussed this item at Workshop on August 3, 2009; August 17, and the First Reading was held on

August 31, 2009.

EXHIBITS: - Board of Trustee Members and Term for Trusts, and Lucia Kimball

Deering Hospital Fund

- Balance Sheet – 06/30/2008

- Profit and Loss – 06/30/2008

- CAFR – Special Revenue Funds

- Ltr from Atty Ken Cole re Kimball Funds

- Ltr sent to Trust & Kimball Trust Board Members

- The following have been previously provided:

- York County Superior Court: Interpretation of Will (pg. 24)

- Private & Special Law: 1917 Bequest of Lucia Kimball (pg.33)

- Opinion in RE: Lucia Kimball DT by Atty Brickates (pg.34)

- Portion of the Lucia Kimball Deering Will (pg.48)

- Ordinance Creating the Board to accept legacies and bequests 1919 (

- Amendments to the Ordinance, 1929 and 1934 (pg. 54 & 59)

- Deed conveying map 52, lots 9 and 42 (pg. 60)

Councilor Lovell moved, Councilor Smith seconded to open the Public Hearing of the First Reading of the

document titled, ‘Amendments to Chapter 15, Funds, dated August 3, 2009’. The motion passed with unanimous

consent.

There were no comments from the public.

Councilor Lovell moved, Councilor Smith seconded to close the Public Hearing and “Be it Ordered that the City

Council set the Second and Final Reading of the document titled, ‘Amendments to Chapter 15, Funds, dated August

3, 2009’, for October 5, 2009”. The motion passed with seven (7) yeas.


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A copy of the document titled ‘Amendments to Chapter 15, Funds, dated August 3, 2009’ and the Exhibits are on

page 10 as Attachment B.

E. CONFIRM THE MAYORS APPOINTMENT TO THE HISTORIC PRESERVATION

COMMISSION

The Historic Preservation Commission consists of five members and up to five associate members, appointed by

the Mayor and confirmed by the Council, for a 3-year term. Some of the duties of the Commission are to: review

applications for certificate of appropriateness, advise and inform the City officials and owners of historic buildings,

structures or sites, on physical and financial aspects of preservation, renovation, and rehabilitation. Each

Commission member shall be a resident of the City and shall be persons qualified to perform the duties of such

office and shall serve without compensation.

The Mayor is nominating Don Uldbjerg of Glenhaven Circle, as a regular member of the Commission through 6-

30-12.

He replaces Gabrielle Gallucci, 96 Elm Street, whose term expired on 6-30-09. Ms. Gallucci does not wish to be

regular member but would accept an appointment as an associate member (alternate).

Councilor Bastille moved, Councilor Lovell seconded that “Be it Ordered that the City Council confirm the

Mayor’s appointment of Don Uldbjerg of Glenhaven Circle, to a term ending June 30, 2012, and to appoint

Gabrielle Gallucci, of Elm Street, to a term as an associate member, ending June 30, 2012.” Further move to

approve the Order. The motion passed with seven (7) yeas.

F. MORATORIUM ON CONSTRUCTION OF COMMERCIAL BUILDINGS EXCEEDING 5000

SQUARE FEET IN THE B-3 DISTRICT – (PUBLIC HEARING) EMERGENCY ADOPTION

On September 8, 2009 the Council referred to the Planning Board a review of zoning issues in the B-3 district. The

B-3 Downtown Business District is the city’s central business district including properties between Elm and Main

Streets, as well as other areas on the east side of Main Street.

Because Mayor Michaud has expressed an interest in potential retroactivity of the amendments which may be

proposed by the Planning Board and Council, staff consulted land use attorney Natalie Burns, who advised that

notice is important to support retroactivity. She also advised that a moratorium would provide the maximum notice

available to support an eventual enactment of ordinance amendments with retroactivity provisions. The Council set

September 21, 2009 for the public hearing on a moratorium provision, which would be adopted immediately,

pursuant to emergency provisions of the charter.

Under the City Charter, an emergency ordinance can be in force for 60 days before renewal. Under state law, a

moratorium can be in force for 180 days total, before renewal. So, if the Council adopted a moratorium tonight it

should also refer a non-emergency 120 days extension to the Planning Board for a recommendation, and the

Council should complete a normal ordinance enactment within 60 days.

The draft moratorium lays out some of the concerns expressed by the Council on Sept. 8 and would prohibit

construction of commercial buildings in excess of 5000 square feet during the moratorium.

Ninety- six notices of this hearing were mailed to property owners on Cutts, Thornton, Pleasant Storer, Water,

Main, Elm, Front, Free, Wharf, Deering, Common Streets and Pepperell Square. The public hearing notice was also

advertised.

Councilor Lovell moved, Councilor Smith seconded to open the Public Hearing on the moratorium on

construction of commercial buildings exceeding 5000 square feet in the B-3 district. The motion passed with

unanimous consent.


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Advocates:

Mark D. Johnston, 17 Elm Street – Mr. Johnston has lived in Saco for 35 years and currently owns 3 residential

properties (built in 1820, 1821, and 1826) which are listed as historic properties in the National Register, three

commercial properties know as the central block that were built in 1829, and a corner lot on Main & Storer Streets.

Mr. Johnston restores historic properties in the downtown area, and he is in favor of the proposed moratorium being

presented this evening. All of these properties are in the B-3 Zone so these restrictions that he has been advocating for

in the moratorium have an impact on these properties. The 300 year history and architecture in Saco makes the

community unique in comparison to many other towns in the State. Mr. Johnston reviewed the history of the area, the

building that used to be located there, the buildings that are currently located there, as well as the various “B” Zones.

Mr. Johnston spoke about the make-up of the B-3 zone, and how and why it as created. He also noted that the B-3

Zone took three years to implement and has been tweaked several times (1989, 1992, 1995 and 2002). Why a review

the regulations may be need is because in light of the seven properties that have been auctioned in one particular

neighborhood, four of these are historic properties. If these 4 historic properties are removed this will be the largest

removal on any historic proportions in Saco’s history. For what? Developers are proposing a large single retail space

as a pharmacy with a large parking lot. History shows that Saco’s zoning is only 41 years old. The current B-3 zone is

a livable area and has been for the past 25 years. Mr. Johnston asked that this be referred back to the planning board to

allow them to draft the necessary ordinances to regulate large scale developments in a B-3 Zone, for the following

reasons:

1) The City of Saco is under increased development pressure in its downtown business district.

2) May intrude upon the residential architectural character of the downtown neighborhoods.

3) Development pressure and its impacts were undisipated and have not been adequately provided for in the cities

current zoning ordinance.

4) There is a strong likely hood that the city will continue to be subject to this development pressure due to the lack of

adequate regulations and restrictions in the location and size of commercial buildings in the B-3 zone.

5) There are not adequate set backs from residential properties.

6) Saco Zoning Ordinance related to size and character of development in the B-3 district allows multi-family uses.

That was the intent. The Planning Board should include the consideration of a mixed use in the B-3 district.

7) Drive thrus are not permitted, but the proposal submitted does have a drive thru.

8) In the last 10-15 years, because of traffic impacts, at least 60 parking spaces have been lost.

9) Would like the City Council to direct the Planning Board to do a Traffic Impact Study.

10) Would like the City Council to have an Economic Impact Study done as well. What will the impact to Main St. be?

11) High Power Lighting, Snow & Trash Removal.

12) Time the stores are open.

13) Deliveries.

The Council should consider asking the Planning Board to look at the possible expansion of the Historic District Zone.

In closing ask the Council to look at Table 4-12 of the Saco’s Zoning, the minimum lot and yard requirements. Was the

intent of the B-3 Zone to expand or encourage the expansion of large commercial single floor box stores, or was the

encouragement there for residential units? On item B-1, the minimum net residential acreage for dwelling units, section

3 of multi-families in all the other business zones it ranges from 7500 sq. ft. – 4000 sq ft., that’s what one unit needs. In

the downtown area, it is 1500 sq. ft. Maybe the proposed site should be used for a multi-purpose site, such as

commercial & residential units. The city currently has 4 drug stores already, do we really need more?

Johanna Hoffman, 10 Pepperell Square – Ms. Hoffman is a small business owner in Saco, and is in support of

the moratorium. Ms. Hoffman asked the Council to seriously consider the moratorium so the Planning Board can

further study the impacts of development in this area of this scale might have on traffic safety, infrastructure,

surrounding businesses as well as potential environmental issues created by such a large service such as a 30,000 sq. ft.

parking lot might have. The city owes it to the community to ensure that the appropriate studies have been done to

ensure that the City of Saco maintains its downtown integrity and important historic assets. If we are to allow large

chains to move into the B-3 District, guideline should be in place to ensure this or restrictions imposed on size. The city

has taken great strides to create a visually appealing downtown. Visual impact is something the city truly believes in.


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Large scale developments if left unchecked, especially in a tight residential area may change this visual integrity forever

and can’t be reclaimed. Most recently, up next to Kentucky Fried Chicken a historic Dutch Colonial home of sturdy

construction over 100 years old was demolished because a chain pharmacy purchased it and then abandoned the

project. Please consider the emergency moratorium on the agenda tonight. It is very important to the future of the City

of Saco and its citizens.

Beth Johnston, 62 Pleasant Street – Ms. Johnston bought her property in 1994 and has lived there ever since. If

the project goes through, it will be directly across the street from her residence, and will have a very negative effect on

the quality of her life. Ms. Johnston showed various pictures of historic homes around her home that will be

demolished if the project goes through. Some of these buildings are in bad shape, because the owners didn’t take care of

them. Some of the houses in this area that have been restored wouldn’t look as good as they do know if someone didn’t

take care of them. Is the city going in the right direction with this project? It is time to keep the city from making

more mistakes. The intent on the B-3 zone was not to have bid box stores. Ms. Johnston asked the Council to keep the

control in their hands, rather than being influenced by the money and pressure. The moratorium will allow you and the

Planning Board to at least stop and look at this project further.

Norman E. Vachon, 130 Buxton Rd – Mr. Vachon grew up in Saco and is proud to call this his home town.

We have a great history in Saco. Mr. Vachon respects history, but is not anti-business. Mr. Vachon previously worked

for a corporation and knows that they can be very responsible and do the right thing, and to not always have negative

things on their minds. Commercial businesses can’t be faulted for wanting to expand. It seems that the zoning is

created to be cautious and creative. Is this a good idea that will be irreversible and does it meet the kinds on intentions

people have in this area? It warrants a careful look again. Saco has done a great job with the Main St., downtown area.

Lucille Reed, 36 Thornton Ave. – Mrs. Reed is not against or for the moratorium. The drive-thru will be right

next to her bedroom window. She asked the council to be careful and cautious with what they do.

Opposed:

David Lowe, 42 Thornton Ave. – Has been a resident for 31 years, and also owns an insurance agency on

Thornton Ave. Mr. Lowe’s reasons for not supporting this moratorium are:

1) There was allot of misinformation going through the community on this project, which has since been corrected.

This is a project which has received support and positive site reviews from Fire, Police and Code Enforcement

Departments.

2) There are 17 pages of well defined existing ordinances in place to ensure that the architectural ascetics of this city in

the B-3 zone in question are properly maintained.

3) If project is allowed to proceed now, there will be many jobs created, and increase the cities tax revenue.

4) It will utilize fewer of the cities services.

5) Reaffirm that which is economically and morally the right thing to do.

Mr. Lowe explained that the developer has worked with the city Planning Dept., and they told him that this was a

permitted use in the B-3 Zone. The developer was contacted and approached some of the abutting neighbors to try to

work with them, and provide something that is going to be acceptable to the city. There are four properties under

contract, and these owners have made plans as well. Mr. Lowe was surprised that opposition to this project would

happen in Saco, Maine. He stated that if Council is really serious about and likes old buildings, then have them moved

elsewhere in the City, it has been done before. Mr. Lowe proposed this evening that the day that he closes on his

property which the city has accessed at $242,800, which is just the property and not the land, than he would personally

deliver the keys to the house to the city at no charge, and even throw in the chandeliers that go with it. This house could

be used for elderly housing or affordable housing units, so the city wouldn’t be losing housing. Mr. Lowe mentioned

this to Mr. Grammas the developer, and asked him why he didn’t just give all the buildings in question to the city, and

they could use them for affordable housing elsewhere.

John Grammas, Grammas Investments, Raymond, N.H. – Mr. Grammas is the developer for this CVS project.

He chose the proposed area because it connects the downtown. He has met all the property owners on the block of the

proposed project area and has come to agreements with them all. Mr. Grammas believes this is the most inviting

architectural drug store in the area, and every town would like to have it. He has met with the Planning, Code


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Enforcement and Public Works Departments to work with them on this project, and it meets all the zoning. The

lighting will be the same as the ones at the Credit Union. There would be no curb cuts on Elm St., but there would be

two curb cuts altogether, one on Thornton Ave, and one on Pleasant St. Landscaping and trees will also be on the site.

By doing this project, 7 curb cuts will be taken off the block, set-backs will be met and all this was done by making 22

revisions to fine tune the project. There will be deliveries only one day a week. Mr. Grammas was shocked to hear that

the city was considering a moratorium, and believes that the Planning Board is capable of making informed decisions.

Mr. Grammas stated that he will contribute $5000 a building to move and preserve the buildings, rather than

demolishing them, because he believes in heritage as well.

Steve Bedell, 79 Watson Mill Rd – Mr. Bedell is a citizen of the city who has some concerns. His vision is a

thriving, diverse growing economy coupled with a preservation of you historic heritage. Mr. Bedell doesn’t see this

project as a threat to that. We have a very fine historic and business district in the city. We are augmenting the two by

providing some economic growth at the same time preserving some history. This is a pretty unique concept of having a

neighborhood general store for the people in the area, where you can walk to it at night to get a new toaster if yours

breaks a loaf of bread and your prescription and walk back home. It will not hurt our concept by having a

neighborhood general store. Is it not in keeping with the ascetics that some people have come to expect from that? It

probably is going to make allot of changes and he respects other folk’s opinions, but in his opinion he think that it is the

right thing for the Route 1 business corridor. There are some businesses on that corridor that are having a bit of trouble

in making, and a bit of success in that corridor may help other businesses and make them more successful as well.

Jeff Christenbury, 166 Ferry Rd – Mr. Christenbury noted that on one hand you have a group of buildings,

some restored and some not, that haven’t really been developed over the last few decades and some didn’t make it. On

the other side you have a proposed plan that has been approved by the city officials, and developers have made

concessions already, and are willing to make more concessions to protect the needs of the city. This project will bring

tax dollars and jobs to the city, and it is a good idea for the city.

Mayor Roland Michaud called a 5 minute recess at 9: 11 p.m.

Mayor Roland Michaud reconvened the meeting at 9: 16 p.m.

Don Guay, New County Rd – Mr. Guay was born in Saco, has lived here for many years, served 3 years on the

City Council, and also served on the Police & Fire Commission for years. He has allot of interest in the city. He owns

a piece of property in the proposed project area that the developer Mr. Grammas is thinking of buying, and Mr.

Grammas was not the only one interested in that corner. Mr. & Mrs. Guay felt that Mr. Grammas’s project was the best

one suited for the area. Mr. Guay doesn’t feel that the moratorium is the way to go, because it puts a lid on the pot and

lets is simmer. Let the Planning Board do their job. They have all the tools in front of them, and they will come to an

intelligent and fair decision.

Joe Moreshead, Rivers Edge Lane – Mr. Moreshead asked the Council to not vote for the moratorium before

them tonight. He noted that after hearing all the testimony this evening to all the business that have left and all the jobs

that have gone, here is an opportunity to create jobs. Mr. Moreshead appreciated the developer’s vision for the corner,

because he too feels that the corner does hide Elm Street. If you look at what the Credit Union did across the street with

their landscaping, this proposed project will only enhance that much more on the right hand side of the street. The city

will eventually need a new Municipal Garage, Fire Barn and other things and also at some-point Young School will

need to be replaced. You need revenue to do all these things. This is an also a perfect opportunity to fix up the street,

and bring tax dollars to the community.

Richard Scott, 57 Pleasant St. - Mr. Scott was present this evening to voice his strong opposition to the

moratorium which puts a hold on future development in the B-3 Zone. He believes that the standards in place currently

are sufficient to deal with the concerns in relation to the historic aspect of our great city. The moratorium or

amendments to the zoning would place further restrictions on development, and would hinder the growth and services

that would be provided to the citizens in our community, especially zoning for such developments. Mr. Scott felt that

this moratorium was a last ditch effort on the part of a select few who believe this proposed development would affect

their quality of life. This would prevent the rest of the community from having much needed services available to them

now and in the future. The current proposed development would not only provide those services would bring much


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needed tax revenue to the city, increase property values in the area and replace two run down out of business facilities

on that lot. Mr. Scott strongly urged the Council to dismiss the proposed moratorium tonight for the good of the city

and the citizens.

William Kany, 3 Blackberry Lane from Smith, Elliot, Smith & Barney Law Firm – Mr. Kany was here this

evening on the behalf of Mr. and Mrs. David Lowe. The city has 17 pages of site plan review rules in place currently

to deal with this project. The city has a tremendous Planning Dept., and a very strong Planning Board right now who

enforce these rules. Mr. Kany had worked on the previous proposed CVS project for four years before receiving final

approval. CVS pulled out of that project because of the restrictions imposed upon them by the city and the DOT. The

Planning Board also has design review standards which developments must also adhere too. The following design

standards are intended to enhance and improve the exterior appearance of commercial and multi-family buildings on

sites in order to:

1) Protect and encourage Saco’s cultural, architectural and visual resource in order to preserve and promote a desirable

environment for the citizens in the region.

2) Prevent the kind of business districts in neighborhoods and maintain or upgrade building quality.

3) Preserve and reinforce the natural historic and architectural qualities of business districts of neighborhoods.

These are in many respects subjective standards that are enforced by the Planning Board and imposed upon developers,

to make the buildings be consistent with the architectural nature of the communities and neighborhoods they are being

put in. Some of the concerns that have been expressed tonight by the proponents of the moratorium include the:

Historic Districts, hours of operation, dumpsters, lighting, snow removal, deliveries, and traffic. All of these get

reviewed through the Planning Board. They are not functions of the legislative body. Mr. Kany reviewed a few of the

provisions of the Comprehensive Plan: 1) Section #17-16 (#15) - The city should continue to designate the Elm Street

side of the Saco Valley Shopping Center area with the commercial district and encourage the full utilization of this area

as a huge shopping center. The city should however resist at best to expand the shopping center into established

residential neighborhoods. 2) Section #17-23 - Looking forward to the main use in the future of the downtown. This

designation covers the historical downtown area of the city which is intended to allow mixed use. In this area the city

should encourage the reuse and redevelopment of existing buildings and the construction of new buildings for retail

service offices, community and multi-family residential use. The development standards for this area should require

that buildings be of urban character and allow for shared public parking. This designation is comparable to the current

B-3 zone district. All the rules are in place to allow this to happen. Moratoriums delay projects, so that eventually they

may not happen. Let the system work. If it isn’t broken, do not fix it.

Tim Ly, Owns buildings on Elm & Pleasant Streets and Lives in Portland – Mr. Ly stated that the developer is

working with him and the 17 tenants in his buildings to find new housing. He has been working to refurbish his

buildings, but some are just too run down and it is tough to put money into them because they don’t generate income.

He stated that he has a good name and would like to keep it, and wants to make sure the tenants are taken care of.

John Woodbury, 53 Pleasant St. – Mr. Woodbury has lived there since 1945. Mr. Woodbury is opposed to the

moratorium. He feels that you can’t stop progress. He and his sickly wife live in a 7 room home which is too big for

them. It will enable him to get rid of the big house and invest in a one floor ranch.

Councilor Lovell moved, Councilor Smith seconded to close the Public Hearing. The motion passed with

unanimous consent.

Each Councilor stated whether they were advocates or opposed to the moratorium. The Mayor also stepped down

from the podium to speak as a citizen. Deputy Mayor Ronald Morton took over the podium.

Councilor Cote moved, Councilor Bastille seconded that Mayor Roland Michaud return to the podium as Mayor.

The motion passed with six (6) yeas and one (1) nay – Councilor Smith. Councilor Lovell moved, Councilor Smith seconded that a 60 day moratorium on commercial construction in a B-3

Zone be adopted. The motion failed with two (2) yeas and five (5) nays - Councilors Lovell, Cote, Tardif, Bastille

and Morton.


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A copy of the complete “Moratorium Ordinance regarding construction of Commercial Buildings in excess of 5000

square feet in the B-3 District” in on page 30 as Attachment C.

ATTEST:_______________________________

Michele L. Hughes, Deputy City Clerk


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ATTACHMENT A

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WHEREAS: the use of illegal and prescription drugs and the abuse of alcohol and nicotine

constitute the greatest threats to the well-being of America's children; and

WHEREAS: 14 years of surveys conducted by The National Center on Addiction and Substance

Abuse (CASA) at Columbia University have consistently found that the more often

children and teenagers eat dinner with their families the less likely they are to smoke,

drink and use illegal drugs; and

WHEREAS: frequent family dining is associated with lower rates of teen smoking, drinking, illegal

drug use and prescription drug abuse; and

WHEREAS: the correlation between frequent family dinners and reduced risk for teen substance

abuse is well documented and

WHEREAS: parents who are engaged in their children’s lives – through such activities as frequent

family dinners – are less likely to have children who abuse substances.

WHEREAS: family dinners have long constituted a substantial pillar of family life in America

NOW, THEREFORE, Mayor Michaud and the City Council do hereby proclaim the fourth Monday of

every September as:

Family Day – A Day to Eat Dinner with Your Children, and urge all citizens to recognize and participate in its observance.

Signed this 21st day of September, 2009

____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ _____________________________________

____________________________________ SACO CITY COUNCIL & Mayor Roland Michaud ____________________________________

Official City Seal Affixed Here


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ATTACHMENT B

Amendments to Chapter 15, Funds, dated August 3, 2009

(Please note that underline represents new language while strikethrough represents languate to be deleted.)

Chapter 15, Funds

Article I, City of Saco Trust Funds

§ 15-1. Scope; Board of Trustees.

The several trust funds known as the "Sweetser Provident Fund," "Sweetser Baxter Sabbath School Fund,"

"Sweetser School Fund," "Sweetser School Library Fund," "Sweetser Missionary Fund" and "Sweetser Park Fund"

and all trust funds for the benefit of Wardwell Home, now held by the City of Saco as trustee, together with all

legacies, devises and gifts of funds or property which the City of Saco may hereafter receive into its custody as

trustee, excepting such legacies, devises or gifts of funds or property which the City may receive for the benefit of

the Lucia Kimball Deering Hospital Fund, are hereby placed in the care, custody and administration of the citizens

of the city, who shall constitute a Board of Trustees for the care and administration of these funds and other

property and the income thereof and so be designated as the Board of Trustees for the care, custody and

administration of trust funds held by the City of Saco as trustee.

§ 15-2. Election; terms of office. Membership and Term

The Board of Trustees shall consist of three members, all being citizens of the city of Saco. Members shall be

appointed by the Mayor with City Council confirmation, for a term of six years, beginning initially with (1) one

member being appointed for six years, (1) one member being appointed for four years, and (1) one member being

appointed for two years. be elected by the City Council by majority vote, by written or printed ballots, at the next

regular monthly meeting of the City Council. Each trustee shall serve a term of six years, except that, starting

January 1, 1962, the trustee who has served the longest term shall retire on January 1, 1964, the next longest-term

trustee shall retire on January 1, 1966, and the newest trustee appointee shall retire on January 1, 1968. No trustee

shall be eligible for reappointment until a period of two years has elapsed after his/her retirement.

§ 15-3. Qualifications; bond.

Before assuming the duties of office, each member of the Board of Trustees shall be qualified by taking an oath

before the City Clerk that he/she will faithfully perform the duties of this office and shall file a bond with a surety

company authorized to do business in the State of Maine as surety in the sum of $10,000, conditioned for the

faithful performance of such duties. The premium to be paid to the surety company for the bond shall be paid by the

city.

§ 15-4. Meetings; compensation. [Amended 5-15-2000]

The Board of Trustees shall hold regular meetings of the Board on a semi annual basis on a date of the Board’s

choosing, or meetings can occur on an as needed basis. the last Saturday of each month. The Trustees shall receive

a compensation that shall be established by the Council after a public hearing and shall be entitled to be paid actual

and necessary expenditures incurred in behalf of the Board.

§ 15-5. Vacancies.


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Vacancies on the Board of Trustees, however occurring, shall be filled by mayoral appointment and confirmation

of the City Council. holding an election, using written or printed ballot, and by a majority vote of the City Council

at the regular monthly meeting of the City Council held after such vacancy occurs or at an adjourned session

thereof. A member elected appointed to fill a vacancy on the Board of Trustees shall hold office for the unexpired

term of the retiring member.

§ 15-6. Officers; rules.

The Board of Trustees may organize by the election of such officers as it may deem proper and shall determine

such rules as it may deem wise for the conduct of its business and which are not inconsistent with law.

§ 15-7. Records and reports; audit.

The Board of Trustees shall keep a record of its proceedings, including its financial transactions, and at the end of

the City fiscal year shall prepare a statement of the trust funds and other property held by the City of Saco as trustee

as enumerated in § 15-1, the income thereof and the entire financial transaction, which shall be delivered to the

Finance Director and also shall be published in each annual report of the City of Saco. The City shall pay for and

have conducted an audit of the Board's records. The audit shall be included as part of the city's annual audit.

§ 15-8. Investments.

The Board of Trustees shall invest all trust funds held by the City of Saco as trustee, as enumerated in § 15-1, in

such securities as the savings banks of Maine are authorized to invest in, excepting that the Board is authorized to

receive and hold such securities and other property as the representatives of any estate or any donor may deliver to

the City as trustee, other than legacies, devises or gifts of funds or property for the benefit of Kimball Hospital or

for hospital purposes, and to reinvest the whole or part thereof as the Board may deem wise.

§ 15-9. Additional powers and duties.

A. Notwithstanding the provisions of any of the preceding sections, the Board of Trustees is authorized to:

(1) Treat any two or more of the trust funds as a single fund, solely for the purpose of investment.

(2) After deduction of management expenses, prorate any interest earned or capital gains realized among the

various trust funds.

(3) Designate, in writing, a trust company or national bank agency having its principal office within the state,

for the purpose of investment, and the Board of Trustees may consent to the investment of such funds in a

common trust fund maintained by that trust company or bank for investment, as directed by the Board of

Trustees, in accordance with the provision of 9 M.R.S.A. § 51, the law governing savings banks

investments.

B. The Board of Trustees may enter into a custodian and agency agreement with a trust company, or bank, or

agency as provided in Subsection A(3) above, and contract for investment advice for the standard fee for this

service. The City Council shall establish a rate, after a public hearing, for the cost of the services of the bank as

custodian and investment adviser. Any other expenses resulting from these services or other expenses incurred

for transfer, sale, exchange or handling of these funds will be deducted from the income as management

expenses. [Amended 5-15-2000]

ARTICLE II, Lucia Kimball Deering Hospital Fund


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§ 15-10. Board of Trustees.

The City of Saco, by special election held on the second Monday of September 1917, as authorized by Chapter 95

of the Private and Special Laws of the State of Maine of the year 1917, having voted to accept the legacies and

bequests of Lucia Kimball Deering as provided in the last will and testament of said Lucia Kimball Deering, dated

November 19, 1915, said legacies and bequests, devises and gifts, which the City of Saco, Maine, is or may be

authorized to accept, under the provisions of said Chapter 95 of the Private and Special Laws of the State of Maine

of the year 1917, are hereby placed in the care, custody and under the administration of seven citizens of the City of

Saco, who shall constitute a Board of Trustees for the care, custody and administration of these funds and the

income thereof and to be designated as the "Board of Trustees for the care, custody and administration of the

legacies and bequests provided for under the terms of the will of Lucia Kimball Deering" and all other legacies,

bequests, devises or gifts to the said City of Saco for hospital purposes.

§ 15-11. Election; vacancies. Membership and Term.

The Board of Trustees shall consist of seven members, all being citizens of the city of Saco. Members shall be

appointed by the Mayor, with City Council confirmation, for a term of six years, beginning as each current

member in 2009, found on file with the City Clerk, concludes their lifetime term - initially with (2) two

members being appointed for six years, (2) two members being appointed for four years, and (3) three members

being appointed for two years. be elected by the City Council collectively, by a majority vote of all members of the

City Council, by written or printed ballot, at the next regular meeting of the City Council or at an adjourned session

thereof held subsequent to the approval of this article. Vacancies that occur in the Board of Trustees by death,

resignation or removal from the City of Saco or by failure to qualify as provided in § 15-12 shall be filled in the

same manner.

§ 15-12. Qualifications; bond.

Each member of the Board of Trustees, before assuming the duties of this office, shall be qualified by taking an

oath before the City Clerk of the City of Saco that he/she will faithfully perform the duties of this office. The Board

shall file a joint bond with such sureties and in such sums as the City Council may deem just and proper.

§ 15-13. Compensation. [Amended 5-15-2000]

Each member of the Board shall serve with compensation that shall be established by the City Council, after a

public hearing, from income from the fund. If the income does not equal the amount necessary to pay such

members, then the pay will be proportioned according to the income, and, in addition, each member shall be

entitled to be paid for his/her actual cash expenditures incurred in behalf of the Board.

§ 15-14. Meetings; officers; compensation and bond of Treasurer.

The Board of Trustees shall hold monthly meetings at such times and place as the Board shall determine and, at

the first meeting thereof after the election and qualification of the entire Board of Trustees, shall elect a President,

Secretary and Treasurer from its own members. The Treasurer shall give to the Board a bond as Treasurer, in such

sum and with such sureties as the Board shall deem just and proper. The compensation of the Treasurer shall be 1/8

of 1% of the gross amount of the fund and of the income thereof, annually, to be paid from the fund.

§ 15-15. Rules and orders.

The Board of Trustees shall make such rules and orders as it may deem wise for the conduct of its official business

and which are not inconsistent with law or this article.

§ 15-16. Records.


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The Board shall keep a true and perfect record of its proceedings, including its financial statements and operations,

which at all times shall be open to the inspection of the Committee on Finance of the City Council.

§ 15-17. Investments.

The Board shall invest all funds in its custody and the income thereof only in such securities as the savings banks

of Maine are authorized to invest in, and is authorized to receive into its custody and hold such securities and other

property as the representatives of any other estate or any donor may hereafter deliver to said City of Saco for

hospital purposes and to reinvest such parts of the same as the Board shall deem wise in like manner.

§ 15-18. Yearly statement.

The Board shall prepare, at the end of each calendar year, a true and perfect statement of the funds and other

property in its custody and the income thereof and its entire financial doings and transactions, the same to be

included and published in the annual report of the City of Saco next published after the filing of the report with the

City Council. Upon the filing of the statement or report of the Board of Trustees to the City Council, it shall be the

duty of the Committee on Finance of the City Council to immediately examine and check up the securities and

other property in the care and custody of the Board of Trustees, subject, however, to all the provisions of this

article.

_______________________End of the Amendments to Chapter 15, Funds document______________________

TRUST FUND MEMBERS OF THE BOARD OF TRUSTEES

Eric Purvis, CPA, current member to be appointed to a 6 year term on 9/21/09

9 Cartier Circle, Saco, Maine 04072

Audrey Milne, current member to be appointed to a 4 year term on 9/21/09

50 Summer Street, Saco, Maine 04072

Elizabeth McKenna, current member to be appointed to a 2 year term on 9/21/09

18 Lewis Lane, Saco, Maine 04072

MEMBERS OF THE LUCIA KIMBALL DEERING HOSPITAL FUND BOARD OF TRUSTEES

Tim Murphy, Esq. most recent member appointed July 6, 2009

37 Beach Street, Saco, Maine 04072

Thomas Wells, Vice President, Christopher Way, Saco, Maine 04072

James Nelson, President

Bob Quentin, Treasurer

Sally Huot, Secretary

Erwin Warren

Diana Huot


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This letter was also sent to Audrey Milne and Eric Purvis of the Trust.


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ATTACHMENT C

MORATORIUM ORDINANCE

REGARDING CONSTRUCTION OF COMMERCIAL BUILDINGS

IN EXCESS OF 5000 SQUARE FEET IN THE B-3 DISTRICT

September 21, 2009

The City of Saco City Council enacts a Moratorium Ordinance as follows:

WHEREAS, the City of Saco is under threat of increased development pressure in its downtown business

district, which is comprised of the B-3 zone, by the construction of new buildings and parking lots out of scale and

character with surrounding neighborhoods, which development, if unregulated, could have detrimental impacts on

the city’s downtown;

WHEREAS, such developments may intrude upon the character of residential neighborhoods of the

downtown and may cause negative traffic impacts;

WHEREAS, this development pressure and its impacts were unanticipated and have not been adequately

provided for in the City’s current zoning ordinance; and

WHEREAS, there is a strong likelihood that the City will continue to be subjected to this development

pressure due to the lack of adequate regulations or restrictions on the location and size of commercial buildings in

the B-3 district; and

WHEREAS on September 8, 2009 the Council referred this issue to the Planning Board to develop a

proposal to address these issues; and

WHEREAS, amendments to the zoning ordinance require study and a public hearing by the Planning Board

and a public hearing and at least two other meetings of the City Council following the Planning Board’s

recommendation; and

WHEREAS, the City will need at least 180 days to identify and to analyze the associated issues and then to

develop and implement any necessary amendment(s) to the zoning ordinance to address these issues; and

WHEREAS, in the judgment of the City Council, these facts create an emergency within the meaning of

30-A M.R.S.A. § 4356(1)(B) and require the following Moratorium Ordinance as necessary for the preservation of

the public health, safety and welfare;

NOW, THEREFORE, the City of Saco City Council hereby ordains that a moratorium is hereby imposed,

effective immediately and applicable, to the maximum extent permitted by law and subject to the severability

clause below, to all applications for construction of new commercial buildings in excess of 5000 square feet in the

B-3 district that have not received a substantive review within the meaning of 1 M.R.S.A. § 302 as of September 8,

2009 (the date on which the public hearing on the this Moratorium Ordinance was first proposed and the hearing

date approved by the City Council) and to any application for such building until the effective date of the necessary

amendments to the zoning and other land use ordinances or March 5, 2010, whichever occurs first.

BE IT FURTHER ORDAINED, that the Planning Board, Zoning Board of Appeals, Code Enforcement

Officer, all City agencies and all City employees shall neither accept nor approve applications, plans, permits,

licenses, and/or fees for any new or amended uses governed by this Moratorium Ordinance for such construction

for said period of time.


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BE IT FURTHER ORDAINED, that those provisions of the City’s zoning and other land use ordinances

and any other regulations that are inconsistent or in conflict with the provisions of this Moratorium Ordinance are

hereby repealed, to the extent that they are applicable, for the duration of the Moratorium Ordinance hereby

ordained, but not otherwise; and

BE IT FURTHER ORDAINED, that to the extent any provision of this Moratorium Ordinance is deemed

invalid by a court of competent jurisdiction, the balance of the Moratorium Ordinance shall remain valid.

EMERGENCY CLAUSE/EFFECTIVE DATE:

In view of the emergency cited in the preamble, this Moratorium Ordinance shall take effect immediately

upon passage by the City Council, pursuant to the terms of Section 2.10 of the City Charter, and shall apply, to the

maximum extent permitted by the law, but subject to the severability clause above, to the construction of new

commercial buildings in excess of 5000 square feet in the B-3 district that have not had a substantive review as

defined in 1 M.R.S.A. § 302 as of September 8, 2009.

______________________End of Moratorium Ordinance document_____________________

September 10, 2009

To: Saco Planning Board

From: Peter Morelli

Re: B-3 zoning, consideration of City Council referral

The City Council on September 8, 2009 made the following referral to the Planning Board:

Move to refer to Planning Board consideration of amendments to the Saco Zoning Ordinance related to size

and character of new development in the B-3 district. The Planning Board’s review should include consideration of

the mixed use character of the neighborhood in the B-3 district, whether portions of the district are more residential

in character, the depth of the commercial district along Elm Street, protecting the pedestrian nature of the

downtown, traffic impacts, the language in the Comprehensive Plan related to the Elm Street area, the issues of

single story and multi-story buildings. The Planning Board should consider techniques such as size limitations on

new commercial construction, rezoning portions of the district, and other zoning and design review techniques that

it may consider appropriate. The Council asks that this review be completed within 60 days.

The B-3 Downtown Business District is the city’s central business district including properties on east side

of Elm and Main Streets, and in between, as well as other areas on the east side of Main Street. A map is provided.

The Saco Valley Shopping Center is in a separate B-1 district.

The item was on the August 31 agenda at Mayor Michaud’s request for referral to the Planning Board of a

narrower question – a ban on commercial building over 5,000 feet in the district. The Council declined on August

31 to refer without a workshop. On September 8 it work shopped the item and then voted for the referral above.

In addition the Council is considering a moratorium and perhaps a retroactivity provision. The moratorium

will be considered as an emergency ordinance on September 21, when a public hearing will be held. That is

moratorium is likely to be considered again as a normal adoption, after a referral to the Planning Board. An

emergency ordinance can be in force for 60 days before renewal. A moratorium can be in force for 180 days total,

before renewal.


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As the Planning Board can see from the Council’s referral, the Mayor and Council have concerns about the

character of development in the B-3 district. The Council would like the Planning Board to analyze the issue and to

develop ordinance language to address aby issues of concern.

Councilors expressed several views agreed on the exact nature of the issue, but based on their comments

and those of Mayor Michaud, and the comments of citizen Mark Johnston, who asked the Mayor to take up the

issue, the Planning Board may wish to consider several issues related to whether a project being contemplated on

the east side of Elm Street between Pleasant and Temple is out-of-character with the neighborhood. Beyond the

specifics of the referral, these include scale, historic preservation, traffic and pedestrian access.

There is a property assembly in that neighborhood that would lead to a one-story, approximately 13,225

square foot building with 55 parking spaces for a chain pharmacy. If the Planning Board addresses these issues,

there are a number of possible actions to consider. The issue of how development and redevelopment of

commercial areas should occur has been discussed several times over the years. In preparing this memo, two

excerpts from the 1999 Comprehensive Plan seemed pertinent:

13. While development sprawl is usually associated with residential development, a similar pattern can

occur with respect to commercial development in which new retail and service uses are developed in outlying areas

that draw customers and sales from established business districts. The City of Saco desires to see its existing

commercial areas remain as healthy business centers and Downtown Saco revitalized. Therefore the City should

carefully manage the development of new commercial areas that might weaken the traditional downtown

commercial center.

15. The City should continue to designate the Elm Street/Saco Valley Shopping Center area as a

commercial district and encourage the full utilization of this area as a community shopping center. The City

should, however, resist attempts to expand the commercial district into established residential neighborhoods. (Page

17-16)

There has been little change in the relevant zoning districts since that was written, and the comp plan might

be read as endorsing the existing approach. At a street level perspective, however, the concept of not intruding on

residential areas should be considered. Several residential buildings along Pleasant, Elm, and Thornton, in varying

conditions, would disappear.

Design Review

The major change in the zoning ordinance since 1999 that would have an impact on this proposal is the

design review standards. A new commercial building now would be subject to design review by the Planning

Board. Good design might help to mitigate some development impact, but whether it can overcome the nature of a

building and parking lot and drive-in windows of this type and scale in all the locations in the district is certainly a

question worth asking.

Councilor Lovell asked how many commercial buildings is the B-3 district have a footprint larger than

5,000 square feet. Saco Biddeford Savings, Vic’s Appliance, and Atkinson’s seem to be the ones. About 10

multistory buildings in the district exceed 5,000 square feet.

The Planning Board might want to learn about the retroactivity that has been mentioned in connection with

this referral. Maine is probably unique among states in that courts have upheld retroactive zoning amendments in

two cases, in Portland and Kittery. Both were citizen initiated referenda. Attorney Natalie Burns indicates that a key

factor in both of those cases is that the parties had long notice of the proposed retroactive change. She thinks that

the Council could maximize the chances for retroactivity by adopting a moratorium on an emergency basis.


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Additional information

The B-3 district has existed for about 25 years with only occasional tweaks. Councilor Lovell asked about

the differentiation with the nearby B-1 district. The B-1 is essentially the Saco Valley Shopping Center and appears

to have been created for that purpose on the site of a former lumber yard, although I have not researched it. The

ordinance, on one hand, makes these distinctions in some introductory language.

406-1. B-1 GENERAL BUSINESS DISTRICT

The B-1 classification permits uses which would normally require more space than is available in an urban

core area. The purpose of this district is to encourage desirable businesses in proximity to the urban core

where they may be readily accessible and to provide a variety of lot sizes and building types not generally

available in the central business district. (Amended 1/3/95)

406-3. B-3 DOWNTOWN BUSINESS DISTRICT

The B-3 classification permits high value business and services of the type needed within walking distance of high

density residential dwelling, and which may also serve a regional financial, service, or retail role. The intent of this

district is to concentrate urban businesses and residences in a core area so that each will complement the other.

On the other hand, if one looks at the use lists for the two districts they are very similar. There is some difference in

the treatment of fast food and drive-in windows, those being less suitable for the central business district and more

suitable for a shopping center.

Some additional Comprehensive Plan language:

Downtown - This designation covers the historical Downtown area of the City and is intended to

allow high intensity, mixed use in an urban setting. Within this area, the City should encourage the

reuse and redevelopment of existing buildings and the construction of new buildings for retail,

service, office, community, and multifamily residential use. The development standards for this

area should require that buildings be of an urban character and allow for shared and/or public

parking. This designation is comparable to the current B-3 zoning district.

General Business - This designation is intended to allow retail, service, and office uses in an

automobile environment in locations in and near the built-up area of the City. The focus of these

areas should be on providing the goods and services needed by residents of the City and nearby

communities. (Page 17-24)

Attached:

Map

B-3 Use List


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b99c-a9705de99bb8file.doc 9/24/2009 36

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