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STATE OF MAINE

COUNTY OF YORK CITY OF SACO

I. CALL TO ORDER – On Tuesday, January 21, 2014 at 7:15 p.m. a Council Meeting was held in the City Hall Auditorium.

II. ROLL CALL OF MEMBERS – Mayor Pilon conducted a roll call of the members and determined that the Councilors present constituted a quorum. Councilors present: David Precourt, Leslie Smith Jr., Bette Brunswick, Kevin Roche, Arthur Tardif, Eric Cote and Nathan Johnston. City Administrator Rick Michaud was also present.

III. GENERAL

V. AGENDA:

A. PRESENTATION: RUNYON, KERSTEEN, OUELLETTE, (RKO) AUDITORS REPORT

FY13

The firm of Runyon Kersteen Ouellette has been engaged to audit the city. The Auditor said, “In our opinion, the financial statements are presented fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Saco, Maine, as of June 30, 2013, and respective changes in financial position, and where applicable, cash flows thereof and the budgetary comparison for the General Fund for the year then ended in conformity with accounting principles generally accepted in the United States of America.” This is a clean audit without qualifications. The report indicates a favorable financial position going into the new-year for the City of Saco. The City’s unassigned fund balance has returned to being within policy, and our debt service remains well below state regulation. Councilor Cote moved, Councilor Smith seconded “Be it Ordered that the City Council accept the “City of Saco, Maine Reports Required by Government Auditing Standards as well as the Comprehensive Annual Financial Report dated June 30, 2013, submitted by the firm Runyon Kersteen Ouellette”. Further move to approve the Order. The motion passed with seven (7) yeas.

B. CONTRACT ZONE AMENDMENT 401 MAIN STREET – ACAPELLO SALON – (PUBLIC

HEARING)

Acapello Salon requests an amendment to its contract zone that would allow a larger, lighted sign on Main Street. Acapello was granted a contract zone on January 17, 2006, in order to establish a “high-end, full service salon”, in the house at 401 Main Street. The R-1b zoning does not allow a Personal Services use as defined by the Zoning Ordinance, hence the contract zone. The existing two-sided, 4 s.f. per side sign was allowed as a 2007 amendment to the contract zone. Acapello has found that the relatively small, unlighted sign has limited visibility, and proposes a 15 s.f. per side, two-sided sign that would be lighted at a minimal level, with lights out at the close of business each day, currently 8 p.m. The Planning Board reviewed this proposal on October 15, November 19, and December 3, 2013. The Board recognizes that signs in residential zones city-wide are limited to 2 s.f. per side for two-sided signs, or 4 s.f. per side for a one-sided sign, and expressed concern about the size of the proposed sign. Nor is the lighting of signs in residential districts allowed.

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The Board recommended allowing a 12 s.f. per side, two-sided sign, lighted, being mindful of fairness to other businesses along this section of Main Street, and the desire to limit the size of signs within a residential district. Councilor Cote moved, Councilor Smith seconded to open the Public Hearing on the “Contract Zone Agreement by and Between Acapello Salons, Inc., and the City of Saco,” dated November 1, 2005, amended June 6, 2006, and amended Dec. 3, 2013. The motion passed with unanimous consent.. Tracey Collins, 378 Main St – Ms. Collins complimented the Planning Committee and Owners of the Salon and hopes that the Historic District will take that into consideration when other homes go up for sale. Councilor Cote moved, Councilor Smith seconded to close the Public Hearing and be it Ordered that the City Council set the Second and Final Reading for February 3, 2014.” Further move to approve the Order. The motion passed with seven (7) yeas.

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C. REPLACEMENT OF MARINE 5 OCEAN RESCUE CRAFT

Marine 5, a 20+ year old Coast Guard surplus boat that was given to the City of Saco almost 10 years ago, experienced a catastrophic failure of the bilge pump system during a severe weather event, heavy rains and astronomical high tide, on June 7, 2012. At 11:30 P.M. that evening the boat was found by a local fisherman to be partially submerged. The fire department along with the assistance of the Assistant Harbor Master was able to raise the boat, pump off the excess water and secure the boat to the dock. In the days/weeks that followed, the boat was taken to Southern Maine Marine to be evaluated for repair and an insurance claim was filed. In the end, the insurance company determined it to be a total loss and the city received $15,000 from the insurance claim. During the remainder of the 2012 season, the fire department worked with the Old Orchard Beach Fire Department, through its Mutual Aid Agreement to continue to provide limited fire & rescue response along the river below the

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dam and in the ocean near the shoreline. It was determined that the Old Orchard Beach boat, because of it size, was not appropriate for response off shore to provide fire and rescue services. The fire department has been working to develop specifications for a replacement Multi-Mission Response Boat that will meet the current and future needs. The expected life span of the boat is 20+ years. Estimates from manufacturers put the purchase cost of a new Multi-Mission Response Boat at $127,000. Bangor and South Portland have made similar purchases in the past year; Bangor’s cost was approximately $174,000 and the City of South Portland has approximately $100,000 invested in their boat. During FY14 budget preparation, we established a budget of $21,600 per year for 7 years to purchase a $100,000 boat. The interest rates have been coming in far lower than estimated in the budget. With the new amount of $127,000, I have calculated that we can get a lease purchase agreement with payments at or below $21,600 per year. No additional money will be needed to purchase the Marine 5. Council approved this motion on 11/18/13: “Be it Ordered that the City Council authorize the Fire Department to complete the purchase of a new multi-mission response boat.” Document History:

• February 4, 2013 – Workshop • February 19, 2013 – Workshop

March 4, 2013 – Meeting •November 18, 2013 – Meeting – motion approved •December 9, 2013 – Reconsideration of the Item - motion tabled for 30 days

• January 6, 2014 – Reconsidered after the 30 day extension – no vote

The Biddeford City Council will discuss the ‘Interlocal Agreement with the City of Saco for the Public Safety of the

Saco River’, in Workshop on January 9, 20142014; no definitive response to Saco was relayed.

Councilor Tardif moved, Councilor Precourt seconded to move the question. The motion passed with four (4) yeas and three (3) nays – Councilors Smith, Cote and Johnston. Councilor Cote moved, Councilor Johnston seconded to authorize the Fire Department to complete the purchase of a new multi-mission response boat. - Mayor Pilon noted that Councilor Cote’s motion was Out of Order. Councilor Cote moved that his motion was not out of Order. There was no second, the motion failed.

Councilor Precourt moved, Councilor Roche seconded that they would like to reconsider moving the question

altogether. The motion passed with five (5) yeas and two (2) nays – Councilors Brunswick and Tardif.

TABLED - Councilor Smith moved, Councilor Johnston seconded to table this item until Biddeford makes a decision to support the Inter-local Agreement or not in two weeks. The motion passed with six (6) yeas and one (1) nay – Councilor Tardif.

D. COMPLETE COUNCIL GOAL SETTING PROCESS

On January 6 the City Council and Mayor Pilon brainstormed potential goals for the City, and then scored them – 1, 2, or 3 – the lower the score, the better. Some 59 goals were listed, with varying levels of support from 8, which means unanimous support, to 22, which

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shows very limited Council interest. Tonight the Council will discuss which goals should be on a final list and their priority by year, and, if ready, will vote on the final list. Council Goal Setting Revisions before the vote: Items 15, 17, 20, 31 and 44 were moved to the “First Year” category. Councilor Brunswick moved, Councilor Smith seconded “Be it ordered that the City Council adopt the City Council goals as listed under “first year” and “second year” in the document “Council Goal Setting, January 21, 2014 as revised this evening.” Further move to approve the Order. The motion passed with seven (7) yeas.

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VI. CONSENT AGENDA

Councilor Smith moved, Councilor Precourt seconded to approve Consent Agenda items # a, b, and c as follows:

a. Be it Ordered that the City Council approve the minutes for November 18, 2013; December 2, 2013; December 9, 2013 and January 6, 2014. Further move to approve the Order;

b. The City Council hereby Ordains and Approves the First Reading of the document titled, “Amendments to Sections 502 and 504 of the Zoning Ordinance, Dec. 17, 2013,” and further moves to set the Public Hearing for February 3, 2014.;

c. Be it Ordered that the City Council approve the loan to the Saco School.” Further move to approve the Order.

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The motion passed with seven (7) yeas. The item commentaries for the above Consent Agenda are listed below.

b. ZONING ORDINANCE AMENDMENT §502 AND 504 VACANT & NONCONFORMING

LOTS – (FIRST READING)

The Zoning Board of Appeals has identified concerns with two subsections of Article 5 of the Zoning Ordinance, and made recommendations for amending each: -- Section 502 addresses nonconforming lots, and provides guidance for,

a) how vacant contiguous lots owned by the same party shall be handled, and for, b) how built, contiguous lots owned by the same party shall be handled, but offers no guidance on how a built lot adjacent to a vacant lot owned by the same party should be regarded. A proposed subsection would address the latter situation, Sec. 502-1(3).

-- In a separate matter also in Article 5, Section 504(3) addresses nonconforming structures in the shoreland zone. Subsections a, b and c work well, but subsection d speaks to “(t)wo or more contiguous lots…” rather than structures. The proposed amendment would move subsection d to Section 502, where it would properly address nonconforming lots. The Planning Board considered the suggested amendments in workshop on Dec. 3, and during a public hearing on Dec. 17. The Board recommends that the amendments be adopted as proposed.

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c. FY 14 BUDGET AMENDMENT FUNDING START UP SACO’S MSAU

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VIII. EXECUTIVE SESSION

Councilor Smith moved, Councilor Roche seconded “Be it Ordered that the City Council, Pursuant to [M.R.S.A. Chapter 18, Subchapter 1, §405 (6) (C )] move to enter into Executive Session to discuss: 42 Fairfield Street Property. The motion passed with unanimous consent. TIME: 8:42 p.m.

A. REPORT FROM EXECUTIVE SESSION

Councilor Smith moved, Councilor Precourt seconded to move from Executive Session at 9:08 p.m. The motion passed with unanimous consent.

Mayor Pilon conducted a roll call of the members and determined that the Councilors present constituted a quorum. Councilors present: David Precourt, Leslie Smith Jr., Bette Brunswick, Kevin Roche, Arthur Tardif, Eric Cote and Nathan Johnston. City Administrator Rick Michaud was also present. There was no report.

VIII. ADJOURNMENT

Councilor Brunswick moved, Councilor Precourt seconded to adjourn the meeting at 9:09 p.m. The motion passed with unanimous consent. Attest:_________________________________ Michele L. Hughes, City Clerk