February 20 - Town of Scarborough
February 20 - Town of Scarborough
February 20 - Town of Scarborough
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MINUTES<br />
SCARBOROUGH TOWN COUNCIL<br />
WEDNESDAY – FEBRUARY <strong>20</strong>, <strong>20</strong>13<br />
REGULAR MEETING – 7:00 P.M.<br />
Item 1. Call to Order. Vice Chair Roy called the regular meeting <strong>of</strong> the <strong>Scarborough</strong> <strong>Town</strong> Council<br />
to order at 7:00 p.m.<br />
Item 2. Pledge <strong>of</strong> Allegiance.<br />
Item 3. Roll Call. Roll was called by Yolande P. Justice, <strong>Town</strong> Clerk. Thomas J. Hall, <strong>Town</strong><br />
Manager was also present.<br />
Ronald D. Ahlquist, Council Chair [Absent] Katherine A. St. Clair [Absent]<br />
Jessica L. Holbrook<br />
Edward NMI Blaise , III<br />
Richard J. Sullivan, Jr.<br />
James E. Benedict<br />
Judith L. Roy, Vice-Chair<br />
Item 4. General Public Comments.<br />
<br />
<br />
<br />
Rachel Hendrickson <strong>of</strong> 9 Plantation Drive spoke on a resolve regarding the Governor’s Budget<br />
and that other Communities have adopted this resolve in opposition to the Governors Biennial<br />
budget.<br />
Rick Shinay <strong>of</strong> 9 Hampton Circle asked that the Resolve be read into the minutes.<br />
Ms. Hendrickson read the following proposed resolve into the minutes:<br />
Whereas, the Governor’s unprecedented biennial budget proposal places<br />
towns in an untenable and uncertain fiscal position during their budget<br />
planning; and,<br />
Whereas, the proposal includes the elimination <strong>of</strong> $283 million in<br />
municipal revenue sharing; falls $<strong>20</strong>0 million short <strong>of</strong> funding local<br />
schools at the 55% level passed in referendum; would cut the state’s<br />
reimbursement for General Assistance by an estimated $6.7 million;<br />
would eliminate the Homestead Exemption for anyone under the age <strong>of</strong><br />
65; would eliminate the “circuit breaker” property tax and rent relief<br />
program for anyone under the age <strong>of</strong> 65; would take $8 million in truck<br />
excise tax revenue from towns; and would create a corporate tax<br />
exemption for large amounts <strong>of</strong> currently taxable property, resulting in<br />
significant losses <strong>of</strong> local tax revenue; and,<br />
Whereas, the Governor’s proposal also contains cuts to health and human<br />
services such as prescription drugs for the elderly and disabled; to all<br />
funding for clean elections; to the wages and benefits <strong>of</strong> public workers;<br />
while also rejecting federal funds to make health care affordable for over<br />
44,000 Mainers; and,<br />
Whereas, all <strong>of</strong> the above shifts costs to towns, whose only major means<br />
<strong>of</strong> raising revenue if property taxes, be it<br />
Resolved, <strong>Scarborough</strong> calls upon the Maine Legislature to reject these<br />
proposals identify less harmful cost savings, and raise revenue in an<br />
equitable fashion to avoid this regressive tax shift.<br />
<br />
Emma Dann <strong>of</strong> 16 Orchard Street spoke on the proposed zone change at 5 Griffin Road. She<br />
voiced her concerns with the proposed zone change and urged the Council not support the<br />
amendment.
Mike Wallace <strong>of</strong> 25 Carriage Way spoke <strong>of</strong> his concerns regarding the proposed zone change<br />
and was very concern with what the plan it; the traffic issues and the crime rate. What is lower<br />
income housing – would like to know what this is.<br />
Steve Osborn <strong>of</strong> 3 Carriage Way spoke against the proposed zone change and to take away<br />
from others for just one individual is not right. He voiced his concerns regarding the traffic<br />
issues. Asked if this proposal is part <strong>of</strong> the Impact Fee.<br />
Ms. Frank <strong>of</strong> 3 Griffin Road spoke against the proposed development and was concerned about<br />
the traffic issues. She felt that single family homes would be more equitable to what currently<br />
in the neighborhood.<br />
Corey Fogerty <strong>of</strong> 2 Surrey Lane spoke against the proposed zone change – this would change<br />
the fabric <strong>of</strong> the neighborhood.<br />
A resident spoke in support <strong>of</strong> the proposed resolve and asked the Council to bring this forward<br />
at the next <strong>Town</strong> Council meeting.<br />
Jane Leng <strong>of</strong> 11 Abigail Way, also supported the proposed resolve to ask our Legislative<br />
Delegation to hear to the voice <strong>of</strong> the people and reject the Governor’s Budget.<br />
Item 5. Minutes. <strong>February</strong> 6, <strong>20</strong>13 – Regular Meeting. Motion by Councilor Sullivan, seconded by<br />
Councilor Holbrook, to move approval <strong>of</strong> the minutes <strong>of</strong> the <strong>February</strong> 6, <strong>20</strong>13, regular <strong>Town</strong> Council<br />
meeting.<br />
Vote: 5 Yeas.<br />
Item 6. Adjustment to the Agenda. None at this time.<br />
Item 7. Items to be signed: a. Treasurer’s Warrants. Treasurer’s Warrants were signed during the<br />
meeting.<br />
Order No. 13-03, 7:00 p.m. Public hearing on the proposed amendments to Chapter 405 –<br />
<strong>Scarborough</strong> Zoning Ordinance, regarding the Seventh Amendment to Contract Zone IX – New<br />
England Expedition. Rick Shinay, Attorney with DrummonWoodsum and Representative for New<br />
England Expedition, gave a brief overview on the proposed amendments and noted that the Planning<br />
Board sent a position recommendation to the Council.<br />
Vice Chair Roy opened the public hearing. As there were no comments either for or against, the<br />
hearing was closed at 7:26 p.m. The second reading on this item would be scheduled for the next<br />
regular <strong>Town</strong> Council meeting on Wednesday, March 6, <strong>20</strong>13.<br />
Order No. 13-06, 7:00 p.m. Public hearing and second reading on the proposed amendments to<br />
Chapter 1401 – the Coastal Waters and Harbor Ordinance. Thomas Hall, <strong>Town</strong> Manager, gave a<br />
brief overview on this item. Councilor Benedict, Liaison to this committee also made comments on the<br />
proposed amendments and urged the Council to support the recommendations.<br />
Vice Chair Roy opened the public hearing. As there were no comments either for or against, the<br />
hearing was closed at 7:30 p.m.<br />
Motion by Councilor Benedict, seconded by Councilor Blaise, to move approval <strong>of</strong> the second reading<br />
on the proposed amendments to Chapter 1401 – the Coastal Waters and Harbor Ordinance, as follows:<br />
AMENDMENT TO THE COASTAL WATERS<br />
AND HARBORS ORDINANCE<br />
BE IT HEREBY ORDAINED by the <strong>Town</strong> Council <strong>of</strong> the <strong>Town</strong> <strong>of</strong> <strong>Scarborough</strong>, Maine, in <strong>Town</strong><br />
Council assembled, that the following amendments to Chapter 1401 – the Coastal Waters and Harbors
Ordinance, <strong>of</strong> the <strong>Town</strong> <strong>of</strong> <strong>Scarborough</strong>, Maine, is amended, be and hereby amended with<br />
strikethroughs or underlines, as follows:<br />
First Amendment: Amend Article II – Definitions by adding the definition <strong>of</strong> Commercial<br />
Fisherman and Houseboat and renumbering accordingly:<br />
Article II - Definitions<br />
1. Anchorage:<br />
Shall mean an area <strong>of</strong> the harbor set aside for permanent moorings or for the temporary anchoring <strong>of</strong><br />
boats and vessels. See Article I, Section 4.<br />
2. Auxiliary:<br />
Shall mean any vessel having both sails and either an inboard or outboard motor and which may be<br />
propelled by its sails or its motor, or both.<br />
3. Basin:<br />
Shall mean a naturally or artificially enclosed or nearly enclosed body <strong>of</strong> water where small craft may<br />
lie.<br />
4. Beach:<br />
Shall mean a public or private beach area bordering the waters <strong>of</strong> <strong>Scarborough</strong> harbor.<br />
5. Boat:<br />
Shall mean any floating objects or vessel designed for self-propelled navigation on the water.<br />
6. Commercial Fisherman:<br />
A commercial fisherman who derives more than 50% <strong>of</strong> his/her annual income from lobstering, fishing<br />
or clamming, or any other marine fishery and who has legally obtained all necessary permits, licenses<br />
and approvals. At the <strong>Town</strong> <strong>of</strong> <strong>Scarborough</strong>’s request, an individual must present pro<strong>of</strong> <strong>of</strong> income<br />
prior to being considered a commercial fisherman.<br />
67. Commercial Vessel:<br />
Shall mean any vessel used or engaged for any type <strong>of</strong> commercial venture, including but not limited<br />
to fishing or the carrying <strong>of</strong> cargo and/or passengers for hire.<br />
78 Committee:<br />
Shall mean the Coastal Waters and Harbor Advisory Committee.<br />
89. Distress:<br />
Shall mean a state <strong>of</strong> disability or a present or obviously imminent danger which is unduly prolonged<br />
could endanger life or property.<br />
910. Emergency:<br />
Shall mean a state <strong>of</strong> imminent or proximate danger to life or property in which time is <strong>of</strong> the essence.
1011. Float:<br />
Shall mean any floating structure normally used as a point <strong>of</strong> transfer for passengers and goods and/or<br />
for mooring purposes.<br />
1112. Headway Speed:<br />
Shall mean the minimum speed necessary to maintain steerage and control <strong>of</strong> the watercraft while the<br />
watercraft is moving.<br />
13. Houseboat:<br />
A raft, hull, barge or vessel, designed primarily to be used as living quarters, and providing living,<br />
sleeping, cooking and sanitary facilities, whether temporarily or permanently.<br />
1214. Mooring:<br />
Shall mean any appliance used by a craft for anchoring purposes and which appliance is not carried<br />
aboard such craft when underway as regular equipment.<br />
1315. Non-resident:<br />
Shall mean any person who is not a resident.<br />
1416. Resident:<br />
Shall mean a person who has been domiciled in the <strong>Town</strong> <strong>of</strong> <strong>Scarborough</strong> for at least three months<br />
prior to the time his or her claim <strong>of</strong> residence is made.<br />
1517. Riparian Owner:<br />
Shall mean an owner <strong>of</strong> a parcel <strong>of</strong> land located in the <strong>Town</strong> <strong>of</strong> <strong>Scarborough</strong> which borders upon the<br />
harbor as described in Article I, Section 2.<br />
1618. Shore:<br />
Shall mean that part <strong>of</strong> the land in immediate contact with a board <strong>of</strong> water, including the area between<br />
the high and low water lines.<br />
1719 :Shall and May:<br />
“Shall” is mandatory, “May” is permissive.<br />
18<strong>20</strong> :State:<br />
Shall mean the State <strong>of</strong> Maine.<br />
1921: Stray Vessel:<br />
Shall mean (1) an abandoned vessel; (2) a vessel the owner <strong>of</strong> which is unknown; or (3) a vessel<br />
underway without a competent person in command.<br />
<strong>20</strong>22. To Anchor:<br />
Shall mean to secure a vessel to the bottom within a body <strong>of</strong> water by dropping an anchor or anchors or<br />
other ground tackle.
2123. Underway:<br />
Shall mean the condition <strong>of</strong> a vessel not at anchor; without moorings; and not made fast to the shore<br />
nor aground.<br />
2224. Waterway, (fairway):<br />
Shall mean any water area providing access from one place to another, principally a water area<br />
providing a regular route for water traffic.<br />
Second Amendment: Amend Article IV. Section 11. Marking <strong>of</strong> Boats Left on Shores or Flats,<br />
follows:<br />
Article IV – General Regulations<br />
Section 11. Marking <strong>of</strong> Boats Left on Shores or Flats [adopted 02-18-09].<br />
Any boat that is left on the shores or flats <strong>of</strong> the <strong>Town</strong> <strong>of</strong> <strong>Scarborough</strong> must have owner information<br />
attached to the inside <strong>of</strong> its stern. If the owner is a mooring holder, the boat must also have the<br />
mooring number attached as well. Skiffs in violation <strong>of</strong> this section will be impounded and stored at<br />
owner's expense.<br />
Third Amendment: Amend Article IV. Section 11. Marking <strong>of</strong> Boats Left on Shores or Flats,<br />
follows:<br />
Article V – Regulations Concerning Anchoring, Mooring and Security <strong>of</strong> Vessels<br />
Section 1b. Minimum Mooring Requirements.<br />
All moorings shall conform to the following specifications. [amended 04/04/<strong>20</strong>07]<br />
Size <strong>of</strong> Boat Up to 16' from 16' up<br />
to 25'<br />
from 25' up<br />
to 30'<br />
from 30' up<br />
to 36'<br />
36' and<br />
above<br />
Weight <strong>of</strong> Block Up to 500# Up to 750# Up to 1,000# Up to 1, 1500# minimum<br />
(open boat)<br />
250#<br />
Size <strong>of</strong> Chain ½" ½" 5/8" ¾" ¾" to match<br />
Shackle<br />
minimum<br />
Size <strong>of</strong> Nylon ½" ½" ¾" 1" 1"<br />
Pennant<br />
Length <strong>of</strong><br />
Mooring<br />
maximum<br />
25' 25' 30' 35' 35'<br />
The Harbormaster may permit variations from these specifications, if in his or her judgment; the<br />
proposed mooring has holding power equivalent to that which would be provided by a mooring<br />
meeting these specifications.<br />
All moorings that are to be placed up river from the day marker in <strong>Scarborough</strong> must be built using<br />
granite block only and cannot be any higher than 24 inches in overall height.<br />
Marker Buoys to show at all tides. All chains to be at least one foot above high water mark. All<br />
moorings to be inspected every two years - no later than July 1st.
The Harbormaster shall maintain a plot plan <strong>of</strong> the anchorage area indicating locations <strong>of</strong> moorings,<br />
size <strong>of</strong> boats, and areas to be used as waterways. A copy <strong>of</strong> this map will be kept on file at the <strong>Town</strong><br />
Office:<br />
Subletting <strong>of</strong> Mooring Space:<br />
The owner <strong>of</strong> any vessel having mooring space shall not sublet said mooring or mooring space<br />
to another user or boat owner; however another boat owner may use the mooring, provided the<br />
original owner pays the fee or fees and has requested permission from the Harbormaster to<br />
moor such vessel.<br />
Fourth Amendment: Amend Article V. by adding a new Section 10. As noted in red underlined:<br />
Article V – Regulations Concerning Anchoring, Mooring and Security <strong>of</strong> Vessels<br />
Section 10 , Houseboats.<br />
Notwithstanding any other provision <strong>of</strong> this article to the contrary, houseboats are prohibited from<br />
mooring or anchoring in the anchorage except at marinas which provide the following:<br />
(1) A permanent float, dock or slip from which the houseboat may be directly boarded<br />
from land;<br />
(2) Connection to a public water supply by means <strong>of</strong> an individual anti-backflow valve:<br />
(3) A sewer connection to a public sewage system;<br />
(4) A year-round, all weather supply <strong>of</strong> electricity;<br />
(5) Parking as required by the codes and ordinances <strong>of</strong> the municipality where the<br />
marina is located; and<br />
(6) Compliance with the applicable land use codes.<br />
Fifth Amendment: Amend Article VIII. Section 4. Motor Vehicles by adding vergiage that would<br />
prohibit parking on the Public Pier, as noted in red underlined<br />
Article VIII – Safety and Maintenance<br />
Section 4. Motor Vehicles.<br />
Motor vehicles are not to be left unattended on launch ramps or on the Public Pier. All motor vehicles<br />
are to be parked only in designated areas and motor vehicle operators are to comply with all parking<br />
regulations as posted by the <strong>Town</strong> <strong>of</strong> <strong>Scarborough</strong>.<br />
Sixth Amendment: Amend Article VIII. By deleting Section 6., as noted below:<br />
Section 6. Time, Fees and Permit Requirements for Use <strong>of</strong> a <strong>Town</strong> Mooring.<br />
(a) Permission may be granted by the Harbormaster for a private vessel to use a <strong>Town</strong> pier temporarily<br />
without charge for up to 8 hours. Private vessels moored at <strong>Town</strong> facilities for a period in excess <strong>of</strong> 8<br />
hours shall pay mooring fees as hereinafter provided, or as posted.<br />
(b) Visiting Vessels - Transients: A vessel will be considered transient if the vessel remains for not<br />
more than 7 days.<br />
(c) Publicly owned or publicly operated wharves and floats within the <strong>Town</strong> <strong>of</strong> <strong>Scarborough</strong> shall be<br />
under the direction and control <strong>of</strong> the <strong>Town</strong> Council.
(d) Except with special permission from the Harbormaster no person shall tie a boat to said floats or<br />
wharves for more than 15 minutes on front <strong>of</strong> same and 1 hour on ends there<strong>of</strong>.<br />
(e) No person shall store his traps, bait, fishing gear, boats or waste materials on the float at Pine Point<br />
at any time. Traps, gear, etc., may be loaded and unloaded only.<br />
(f) No person shall store any traps, bait, fishing gear, boats or waste material on float No. 2 for more<br />
than 24 hours for loading and unloading purposes throughout the year.<br />
(g) The <strong>Town</strong> Council may make any and all other reasonable rules for the proper maintenance and<br />
use <strong>of</strong> any floats or wharves, which rule or regulation shall be in writing and shall be posted on the<br />
wharf and filed in the <strong>of</strong>fice <strong>of</strong> the <strong>Town</strong> Clerk.<br />
(h) Rules and Regulations pertaining to all piers, floats and wharves controlled by said <strong>Town</strong> <strong>of</strong><br />
<strong>Scarborough</strong> shall be posted in a conspicuous place on or adjacent to said piers, floats and wharves.<br />
Seventh Amendment: Amend Article IX – Pier, renaming Section 2 and adding a new Section 3, as<br />
noted in red underlined or strikethrough below:<br />
Article IX – Pier [Adopted 02-01-<strong>20</strong>12]<br />
Section 1. Permit Required<br />
All users <strong>of</strong> the pier shall obtain a permit for use by the Harbormaster. There shall be a fee<br />
established for the permit, the proceeds <strong>of</strong> which shall be used to defray the costs <strong>of</strong> operation and<br />
provide for regular maintenance on the pier and related infrastructure.<br />
Section 2. Regulations Relating to Use Establishment <strong>of</strong> Polices and Procedures<br />
a) The Harbormaster, in consultation with the Committee, shall establish operating<br />
guidelines, policies and procedures relating to proper use and operation <strong>of</strong> the pier to<br />
ensure safety <strong>of</strong> users and to avoid damage to pier infrastructure.<br />
b) Such policies and procedures shall balance the needs <strong>of</strong> commercial and recreational<br />
use <strong>of</strong> the pier.<br />
Section 3. Regulations Relating to Use<br />
(b)<br />
(c)<br />
(d)<br />
(e)<br />
a) No vessel other than a permitted skiff shall be made fast to the town wharf except for<br />
twenty (<strong>20</strong>) minutes as required for loading or unloading. There shall be no overnight<br />
tie-ups. Exceptions may be made in emergencies only by permission <strong>of</strong> the<br />
harbormaster. No vessel other than the harbormaster's patrol boat shall tie up to the<br />
town wharf in the space marked for use by the harbormaster.<br />
No person shall store his traps, bait, fishing gear, boats or waste materials on the float at<br />
Pine Point at any time. Traps, gear, etc., may be loaded and unloaded only.<br />
No person shall store any traps, bait, fishing gear, or waste material on float’s for more<br />
than 24 hours for loading and unloading purposes throughout the year.<br />
The <strong>Town</strong> Council may make any and all other reasonable rules for the proper<br />
maintenance and use <strong>of</strong> any floats or wharves, which rule or regulation shall be in<br />
writing and shall be posted on the wharf and filed in the <strong>of</strong>fice <strong>of</strong> the <strong>Town</strong> Clerk.<br />
Rules and Regulations pertaining to all piers, floats and wharves controlled by said<br />
<strong>Town</strong> <strong>of</strong> <strong>Scarborough</strong> shall be posted in a conspicuous place on or adjacent to said<br />
piers, floats and wharves.
(f)<br />
(g)<br />
Skiff’s or Dinghy’s may be left tied in designed areas <strong>of</strong> the float’s provided they are<br />
used more than twice a week for the purpose <strong>of</strong> getting back and forth from there<br />
mooring.<br />
No boat or vessels at any time are to be left unattended in the area <strong>of</strong> the cranes on the<br />
front <strong>of</strong> the dock or floats.<br />
Vote: 5 Yeas.<br />
OLD BUSINESS:<br />
Order No. 12-116. Second reading on the request from Risbara Properties LLC for a proposed<br />
zone change on property located at 5 Griffin Road – Map U033/Lot 051. Nancy St. Clair, <strong>of</strong> St.<br />
Clair Associates, gave a brief overview on the proposed zone change. She noted earlier in the meeting<br />
the term “low income housing” was used and that is not the case at all. Rocco Risbara, one <strong>of</strong> the<br />
owners <strong>of</strong> Risbara – the Developer responded to the number <strong>of</strong> bedrooms and the rental amounts for<br />
the units and the single lots on Orchard Street would be built as single family dwellings.<br />
The following individuals spoke on this item:<br />
Michael Wallace <strong>of</strong> Carriage Way voiced his concerns <strong>of</strong> the unknown and concerned about the<br />
stormwater run <strong>of</strong>f and the type <strong>of</strong> individuals who would in this complex.<br />
Ryan Frank <strong>of</strong> 3 Griffin Road spoke against the proposed development, noting we already have<br />
people walking through our yard and by adding these additional units would only increase the<br />
foot traffic.<br />
Katie Fellows <strong>of</strong> 36 Orchard Street spoke in opposition <strong>of</strong> the project. This change will<br />
definitely change this area and supported the comments that had been made this evening<br />
Janice Cyr <strong>of</strong> 34 Orchard Street spoke in opposition to the proposed zone change that could<br />
change the feel <strong>of</strong> the neighborhood.<br />
Suraiya Gobeil <strong>of</strong> 18 Orchard Street that she had received notice, but not all neighbors did and<br />
many people are away this week due to school vacation. She voiced her concerns regarding the<br />
project and asked that Council not to vote in support <strong>of</strong> this amendment.<br />
The following individuals sent emails voicing their concerns the proposed zone change:<br />
‣ Barbara Marsden <strong>of</strong> 12 Orchard Street<br />
‣ June Escott <strong>of</strong> 16 Pine Point Road<br />
‣ Shaun Campbell <strong>of</strong> 17 Dunstan Landing Road<br />
‣ Stephen Gorey <strong>of</strong> 7 Equestrian Way<br />
‣ Paula McNally <strong>of</strong> 9 Carriage Way<br />
‣ Guy Langevin & Holly Deery <strong>of</strong> 12 Equestrian Way<br />
‣ Kate Archambualt <strong>of</strong> 15 Carriage Way<br />
‣ Jean Meduski & Thomas Williams <strong>of</strong> 28 Orchard Street<br />
‣ Mike & Marcie Booth <strong>of</strong> 3 Steeplechase Drive<br />
‣ Christopher M. DiSotto <strong>of</strong> 8 Carriage Way<br />
Motion by Councilor Sullivan, seconded by Councilor Holbrook, to move approval <strong>of</strong> the second<br />
reading on the request from Risbara Properties LLC for a proposed zone change on property located at<br />
5 Griffin Road – Map U033/Lot 051, as follows:
Vote: 4 Yeas. 1 Nay [Councilor Blaise].<br />
Order No. 13-07. Second reading on the Bond Order for the Municipal/School Capital<br />
Improvements Projects for FY <strong>20</strong>12-<strong>20</strong>13.Thomas J. Hall, <strong>Town</strong> Manager, gave a brief overview.<br />
Motion by Councilor Holbrook, seconded by Councilor Blaise, to move approval <strong>of</strong> the second reading<br />
on the Bond Order for the Municipal/School Capital Improvements Projects for FY <strong>20</strong>12-<strong>20</strong>13, as<br />
follows:<br />
BOND ORDER FOR<br />
<strong>20</strong>13 MUNICIPAL AND SCHOOL CAPITAL IMPROVEMENTS AND THE REFUNDING OF<br />
CERTAIN <strong>20</strong>04 AND <strong>20</strong>05 GENERAL OBLIGATION BONDS OF THE TOWN<br />
BE IT ORDERED, That under and pursuant to the provisions <strong>of</strong> Title 30-A, Sections 5721-5729 and<br />
5772 <strong>of</strong> the Maine Revised Statutes, as amended, and the Charter <strong>of</strong> the <strong>Town</strong> <strong>of</strong> <strong>Scarborough</strong>, Maine,<br />
the following Municipal Capital Improvement Projects are hereby approved for funding:<br />
Project<br />
Amount<br />
<strong>20</strong>13 FD New Ladder Truck 900,000.00<br />
<strong>20</strong>13 CS 27 Passenger Handicap Bus 1<strong>20</strong>,000.00<br />
<strong>20</strong>13 CS Municipal Building Boiler Replacement 165,500.00<br />
<strong>20</strong>13 PL Dunstan Corner Intersection Improve 600,000.00<br />
<strong>20</strong>13 PW Mid-Level Road Rehabilitation 483,000.00<br />
<strong>20</strong>13 PW Fogg Road Paving & Drainage Study 230,000.00<br />
<strong>20</strong>13 IS Equipment Replacement 360,000.00
<strong>20</strong>13 DW Movable Equipment 25,000.00<br />
<strong>20</strong>13 IS New Tech Equipment 190,000.00<br />
<strong>20</strong>13 Warren Land Purchase 228,750.00<br />
Total 3,302,250.00<br />
BE IT FURTHER ORDERED, That a sum, not to exceed $3,302,250, is hereby appropriated to<br />
provide for the costs <strong>of</strong> said projects; and<br />
BE IT FURTHER ORDERED, That to fund said appropriation, the Treasurer and the Chairman <strong>of</strong><br />
the <strong>Town</strong> Council are hereby authorized to issue, at one time or from time to time, general obligation<br />
securities <strong>of</strong> the <strong>Town</strong> <strong>of</strong> <strong>Scarborough</strong>, Maine, including temporary notes in anticipation <strong>of</strong> the sale<br />
there<strong>of</strong>, in an aggregate principal amount not to exceed $3,302,250 and the discretion to fix the date(s),<br />
maturity(ies), denomination(s), interest rate(s), place(s) <strong>of</strong> payment, call(s) for redemption, form(s),<br />
and other details <strong>of</strong> said securities, including execution and delivery <strong>of</strong> said securities against payment<br />
therefore, and to provide for the sale there<strong>of</strong>, is hereby delegated to the Treasurer and the Chairman <strong>of</strong><br />
the <strong>Town</strong> Council; and<br />
BE IT FURTHER ORDERED, That the Treasurer and the Chairman <strong>of</strong> the <strong>Town</strong> Council are hereby<br />
authorized to issue, at one time or from time to time, general obligation securities <strong>of</strong> the <strong>Town</strong> <strong>of</strong><br />
<strong>Scarborough</strong>, Maine, in an aggregate principal amount not to exceed $16,077,594, to fund the<br />
remaining costs <strong>of</strong> the new Intermediate School and the discretion to fix the date(s), maturity(ies),<br />
denomination(s), interest rate(s), place(s) <strong>of</strong> payment, call(s) for redemption, form(s), and other details<br />
<strong>of</strong> said securities, including execution and delivery <strong>of</strong> said securities against payment therefore, and to<br />
provide for the sale there<strong>of</strong>, is hereby delegated to the Treasurer and the Chairman <strong>of</strong> the <strong>Town</strong><br />
Council; and<br />
BE IT FURTHER ORDERED, That the Treasurer and the Chairman <strong>of</strong> the <strong>Town</strong> Council are hereby<br />
authorized to issue, at one time or from time to time, general obligation securities <strong>of</strong> the <strong>Town</strong> <strong>of</strong><br />
<strong>Scarborough</strong>, Maine, in an aggregate principal amount not to exceed $7,400,000, to refund, on an<br />
advance basis, the remaining outstanding <strong>20</strong>04 and <strong>20</strong>05 General Obligation Bonds <strong>of</strong> the <strong>Town</strong> <strong>of</strong><br />
<strong>Scarborough</strong>, Maine, and the discretion to fix the date(s), maturity(ies), denomination(s), interest<br />
rate(s), place(s) <strong>of</strong> payment, call(s) for redemption, form(s), and other details <strong>of</strong> said securities,<br />
including execution and delivery <strong>of</strong> said securities against payment therefore, and to provide for the<br />
sale there<strong>of</strong>, is hereby delegated to the Treasurer and the Chairman <strong>of</strong> the <strong>Town</strong> Council.<br />
Roll Call Vote: Jessica L. Holbrook - Yes Edward NMI Blaise, III - Yes<br />
Richard J. Sullivan, Jr. - Yes James E. Benedict - Yes<br />
Judith L. Roy, Vice-Chair - Yes<br />
Order No. 13-13. Act on the request to approve the names posted to the various<br />
committees/boards by the Appointments Committee at the <strong>Town</strong> Council meeting held on<br />
Wednesday, <strong>February</strong> 6, <strong>20</strong>13. Motion by Councilor , seconded by Councilor, to move approval <strong>of</strong><br />
the names posted to the various committees/boards by the Appointments Committee at the <strong>Town</strong><br />
Council meeting held on Wednesday, <strong>February</strong> 6, <strong>20</strong>13, as follows:<br />
Board <strong>of</strong> Assessment Review:<br />
Re-appoint David Bouffard and Kathy Fuente as full voting members, with terms to<br />
expire in <strong>20</strong>15.<br />
Move John Dupont from first alternate to a full voting member with a term to expire in<br />
<strong>20</strong>13.<br />
Move Christopher Herrick from second alternate to a full voting member, with a term to<br />
expire in <strong>20</strong>14.
Vote: 5 Yeas.<br />
Personnel Appeals Board:<br />
Appoint J. Antor Bodor as a full voting member, with a term to expire in <strong>20</strong>15.<br />
Community Services and Recreation Advisory Board:<br />
Move and Re-appoint Joyce Pelletier from first alternate to a full voting member with a<br />
term to expire in <strong>20</strong>15.<br />
Move Kate Norfleet from second alternate to first alternate with a term to expire on<br />
<strong>20</strong>13.<br />
Shellfish Conservation Committee:<br />
Re-appoint Sheldon Blais, Matthew Toohey and Stefanie Dylewski as full voting<br />
members, with terms to expire in <strong>20</strong>15.<br />
Cable Television Committee:<br />
Re-appoint Art Dillion as a full voting member, with a term to expire in <strong>20</strong>15.<br />
Seniors Program Advisory Board:<br />
Re-appoint Deborah Carr as a full voting member, with a term to expire in <strong>20</strong>15.<br />
Move Elizabeth Bates from first alternate to a full voting member, with a term to expire<br />
in <strong>20</strong>13.<br />
Housing Alliance Committee:<br />
Re-appoint Sue Foley-Ferguson and Trish Tremain as full voting members, with terms<br />
to expire in <strong>20</strong>15.<br />
Appoint Steve Osborne as a full voting member, with a term to expire in <strong>20</strong>15.<br />
Parks and Conservation Land Board:<br />
Re-appoint Paul Austin as a full voting member, with a term to expire in <strong>20</strong>15<br />
Energy Committee:<br />
Re-appoint Scott Berube and Rick Meinking as full voting members with terms to<br />
expire in <strong>20</strong>15.<br />
Move Sandi Dargi from first alternate to full voting member with a term to expire in<br />
<strong>20</strong>13.<br />
NEW BUSINESS:<br />
Order No. 13-14. First reading to approve an expenditure, in an amount not to exceed, $270,000<br />
from the Land Acquisition Reserve Fund for the purpose <strong>of</strong> purchasing the development rights<br />
<strong>of</strong> Comstock Farm, located at 22 Berry Road as recommended by the Parks and Conservation<br />
Land Board, and authorize the <strong>Town</strong> Manager, to execute any and all documents as are<br />
necessary to protect the <strong>Town</strong>’s interests and ensure the preservation <strong>of</strong> the property for<br />
agricultural use. Suzanne Foley-Ferguson, Chair <strong>of</strong> the Parks and Conservation Land Board, gave a<br />
brief overview on this item and responded to questions from the <strong>Town</strong> Council. She introduced Mr.<br />
Carlton Comstock – property owner, Nina Young <strong>of</strong> Maine Farm Land Trust and Paul Austin,<br />
President <strong>of</strong> the <strong>Scarborough</strong> Land Trust. Ms. Young stated that this acquisition is a valuable resource<br />
– when property like this does not come <strong>of</strong>f the tax roll – the taxes could be lowered. She then<br />
reviewed the map that had been handed out earlier.<br />
Motion by Councilor Sullivan, seconded by Councilor Benedict, to move approval <strong>of</strong> the first to<br />
approve an expenditure, in an amount not to exceed, $270,000 from the Land Acquisition Reserve<br />
Fund for the purpose <strong>of</strong> purchasing the development rights <strong>of</strong> Comstock Farm, located at 22 Berry<br />
Road as recommended by the Parks and Conservation Land Board, and authorize the <strong>Town</strong> Manager,<br />
to execute any and all documents as are necessary to protect the <strong>Town</strong>’s interests and ensure the<br />
preservation <strong>of</strong> the property for agricultural use and the second reading on this item would be<br />
scheduled for the next regular <strong>Town</strong> Council meeting on Wednesday, March 6, <strong>20</strong>13.<br />
Vote: 5 Yeas
Order No. 13-15. Act to authorize the <strong>Town</strong> Manager to sign a Memorandum <strong>of</strong> Understanding<br />
with the Habitat for Humanity for a project located at 75 Broadturn Road. Thomas J. Hall, <strong>Town</strong><br />
Manager, gave a brief overview on this item.<br />
Motion by Councilor Holbrook, seconded by Councilor Sullivan, to move approval to authorize the<br />
<strong>Town</strong> Manager to sin a Memorandum <strong>of</strong> Understanding with the Habitat for Humanity for a project<br />
located at 75 Broadturn Road.<br />
Vote: 5 Yeas.<br />
Order No. 13-16. Act on the request to amend Chapter 311 –the <strong>Town</strong> <strong>of</strong> <strong>Scarborough</strong> Schedule<br />
<strong>of</strong> License, Permit and Application Fees to adopt a Pier User Fee. Motion by Councilor Blaise,<br />
seconded by Councilor Benedict, to move approval on the request to amend Chapter 311 –the <strong>Town</strong> <strong>of</strong><br />
<strong>Scarborough</strong> Schedule <strong>of</strong> License, Permit and Application Fees to adopt a Pier User Fee, as follows:<br />
PROPOSED AMENDMENTS<br />
TO CHAPTER 311 –SCHEDULE OF LICENSE, PERMIT AND APPLICATION FEES<br />
BE IT HEREBY ORDAINED by the <strong>Town</strong> Council <strong>of</strong> the <strong>Town</strong> <strong>of</strong> <strong>Scarborough</strong>, Maine, in <strong>Town</strong><br />
Council assembled, that the following amendments to Chapter 311 – the Schedule <strong>of</strong> License, Permit<br />
and Application Fess, <strong>of</strong> the <strong>Town</strong> <strong>of</strong> <strong>Scarborough</strong>, Maine, is amended, be and hereby amended, as<br />
follows:<br />
Chapter 1401 – Coastal Water and Harbor Fees Annual Mooring Fees<br />
Fee<br />
Annual Mooring Fees<br />
Resident And/Or Taxpayer (amended 05/05/04) $50.00<br />
Non-Resident (amended 05/05/04) $100.00<br />
Annual Pier Maintenance Fee<br />
Commercial User $100.00<br />
Non-Commercial User $50.00<br />
Vote: 5 Yeas.<br />
Order No. 13-17. Act on the annual "Seasonal Road Posting" for weight restrictions, if<br />
necessary, from <strong>February</strong> 25th to May 15th. Motion by Councilor , seconded by Councilor , to<br />
move approval on the annual "Seasonal Road Posting" for weight restrictions, if necessary, from<br />
<strong>February</strong> 25th to May 15 th , as follows:
Vote: 5 Yeas.
Order No. 13-18. Act to approve the Resolve to accept donations for the Fuel Assistance<br />
Program. Motion by Councilor Sullivan, seconded Councilor Holbrook, to move approval <strong>of</strong> the<br />
Resolve to accept donations for the Fuel Assistance Program, as follows:<br />
TOWN OF SCARBOROUGH<br />
IN TOWN COUNCIL ASSEMBLED<br />
RESOLVE Accepting Donations for the Fuel Assistance Program.<br />
BE IT HEREBY RESOLVED BY THE TOWN COUNCIL AS FOLLOWS:<br />
<strong>February</strong> 15, <strong>20</strong>13<br />
THAT THE <strong>Town</strong> <strong>of</strong> <strong>Scarborough</strong> gratefully accepts the pledges and donations from the<br />
following business and/or persons, that have been collected to date, to be used for the Fuel<br />
Assistance Program:<br />
Mary Adams<br />
AND, be it further Resolved that each business, organization and/or person be recognized<br />
for their generous donations as a token <strong>of</strong> the <strong>Town</strong>’s appreciation.<br />
Vote: 5 Yeas.<br />
Sponsor: <strong>Town</strong> Council<br />
Originator: <strong>Town</strong> Council<br />
Order No. 13-19. Act on the appointments to the PACTS Policy Committee, as recommended by<br />
the <strong>Town</strong> Council Chair. Motion by Councilor Sullivan, seconded by Councilor Blaise, to move<br />
approval on the appointments to the PACTS Policy Committee: Thomas J. Hall, <strong>Town</strong> Manager and<br />
Ronald Ahlquist, Council Chair as full voting members and Dan Bacon, <strong>Town</strong> Planner and Judith Roy,<br />
<strong>Town</strong> Councilor, as alternates.<br />
Vote: 5 Yeas.<br />
Order No. 13-<strong>20</strong>. Act on the re-appoint <strong>of</strong> Dan Bacon and Tom Raymond, as the <strong>Town</strong>'s two<br />
representatives on the Long Creek Management District Board [terms are three years]. Motion<br />
by Councilor Benedict, seconded by Councilor Holbrook, to move approval on the re-appointment <strong>of</strong><br />
Dan Bacon and Tom Raymond, as the <strong>Town</strong>'s two representatives on the Long Creek Management<br />
District Board [terms are three years].<br />
Vote: 5 Yeas.<br />
Item 8. Non Action Items. None at this time.<br />
Item 9.<br />
<br />
<br />
Standing and Special Committee Reports and Liaison Reports.<br />
Councilor Blaise gave an update on the Senior Advisory. The Community Services sent an<br />
informational packet to residents 55 and over.<br />
Councilor Benedict gave an update on the Coastal Water and Harbor Committee and the<br />
Shellfish Committee. These individuals take pride <strong>of</strong> what they do and take care <strong>of</strong> the<br />
waterfront as if it were their property
Councilor Holbrook gave an update on the Conservation Commission and would be updating<br />
the Council on a regular basis.<br />
Councilor Sullivan gave an update on the Transportation Committee.<br />
Vice Chair Roy gave an update on the Finance Committee; the GPCOG, the SEDCO Board and<br />
the Energy Committee.<br />
Item 10. <strong>Town</strong> Manager Report. Thomas J. Hall, <strong>Town</strong> Manager, gave the following updates:<br />
<br />
<br />
<br />
<br />
<br />
The <strong>Town</strong> <strong>of</strong> <strong>Scarborough</strong> will be losing two longtime employees: Harvey Rosenfeld, President<br />
<strong>of</strong> the <strong>Scarborough</strong> Economic Development Corporation would be retiring after 23 years <strong>of</strong><br />
employment and Paul Lesperance the <strong>Town</strong> Assessor would be retiring after 29 years<br />
employment. There would be a farewell luncheon on Wednesday, <strong>February</strong> 27the from 12:00<br />
p.m. until 2:00 p.m.<br />
There will be a notice posted for the Director <strong>of</strong> SEDCO and for the Assessor – the Council<br />
would be informed <strong>of</strong> the progress.<br />
The FEMA Flood maps would be reviewed by town staff in the very near future and these will<br />
Maps would become public in May <strong>20</strong>13 and then accepted in <strong>20</strong>14.<br />
Reviewed the bid opening on ladder truck there were 7 bids received.<br />
Reminder that prior to the next <strong>Town</strong> Council meeting there would be an Audit Workshop with<br />
the Board <strong>of</strong> Education scheduled to start at 6:00 p.m.<br />
Item 11. Council Member Comments.<br />
<br />
<br />
<br />
<br />
<br />
Councilor Blaise noted that one <strong>of</strong> the goals was to work on improving the business<br />
environment – there is a need to review the fees that are businesses are charged.<br />
Councilor Benedict certainly hoped that the residents <strong>of</strong> Orchard Street understood why the<br />
zoning was changed and that we are not only business friendly but resident friendly as well. I<br />
hope that once this project was done, they would be pleased with what was built.<br />
Councilor Holbrook touched base on the Historic Preservation article that had been in the paper<br />
and was hoping to meet with the <strong>Town</strong> Manager to see what needs to be done to start the<br />
process <strong>of</strong> implementing Historic Preservation Policy.<br />
Councilor Sullivan noted that he had been in the widow’s walk and there was a lot <strong>of</strong> history<br />
there. He then sent condolences to the Greg Brown family – adding that he had spoken with<br />
Chairman Ahlquist who also sent his condolences. He would like to see the resolution that had<br />
been presented this evening regarding the Governor’s Budget on the next Council agenda.<br />
Vice Chair Roy sent condolences to the families <strong>of</strong> Harlan Webster, Charles Homer Willauer,<br />
Robert Daniels, Kevin Watson, Amanda Champlin, Lindsay Manseau Moore, Lois Small, Joan<br />
Caswell and Greg Brown. She then commented on the Griffin Road item. She too agreed with<br />
the resolution and hoped that is would be on the next agenda.<br />
Item 12. Adjournment. Motion by Councilor Blaise, seconded by Councilor Holbrook, to move<br />
approval to adjourn the regular meeting <strong>of</strong> the <strong>Scarborough</strong> <strong>Town</strong> Council.<br />
Vote: 5 Yeas.<br />
Meeting adjourned at 9:34 p.m.<br />
Respectfully submitted:<br />
Yolande P. Justice<br />
<strong>Town</strong> Clerk