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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

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