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A G E N D A MEETING - City Council City Council Chambers Tuesday, October 16, 2018 6:00 PM Pledge of Allegiance Moment of Silence Roll Call Minutes 18-492-01 Ordered, to approve the following meeting minutes: Executive Session: October 2, 2018 Regular Meeting: October 2, 2018 Mayor’s Report/City Council Sub-Committee Reports City Manager's Report Communications/Presentations 18-487-01 Quarterly Report from Executive Director of Sanford Regional Economic Growth Council Public Participation Public Hearings The City Council will take public comment on the following: 18-482-01 A Public Hearing to receive comments on the Renewal liquor license application with malt, spiritous and vinus priviledges from Above & Beyond Catering Inc. Consent Agenda 18-484-01 Ordered, to approve the following license request: An application for Liquor license renewal from Above & Beyond Catering, Inc., 4 Washington Street, Sanford, Maine. 1

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Page 1: A G E N D A · moratorium on Medical Marijuana production facilities, Registered caregiver retail stores, Registered Dispensaries, Marijuana Testing Facilities and Marijuana Manufacturing

A G E N D AMEETING - City CouncilCity Council Chambers

Tuesday, October 16, 20186:00 PM

Pledge of Allegiance

Moment of Silence

Roll Call

Minutes

18-492-01 Ordered, to approve the following meeting minutes: Executive Session: October 2, 2018Regular Meeting: October 2, 2018

Mayor’s Report/City Council Sub-Committee Reports

City Manager's Report

Communications/Presentations

18-487-01 Quarterly Report from Executive Director of Sanford Regional Economic GrowthCouncil

Public Participation

Public HearingsThe City Council will take public comment on the following:

18-482-01 A Public Hearing to receive comments on the Renewal liquor license applicationwith malt, spiritous and vinus priviledges from Above & Beyond Catering Inc.

Consent Agenda

18-484-01 Ordered, to approve the following license request: An application for Liquor license renewal from Above & Beyond Catering, Inc., 4Washington Street, Sanford, Maine.

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Old Business

18-480-01 The City Council of the City of Sanford hereby ordains an Ordinance establishing amoratorium on Medical Marijuana production facilities, Registered caregiver retail stores,Registered Dispensaries, Marijuana Testing Facilities and Marijuana Manufacturingfacilities. (This item must be read on two separate days, this is the second reading).

18-453-01 The City Council of the City of Sanford hereby ordains amendments to Chapter280: Zoning, Land Use Tables to allow multifamily in the Residential Development(RD) Zone. (This item must be read on two separate days. This is the secondreading).

New Business

18-493-01 The City Council of the City of Sanford, Maine hereby proclaims Thursday,November 15, 2018 World Pancreatic Cancer Day.

18-491-01 Ordered, to accept with regret a resignation from the Airport Advisory Committeefrom Vernon L. Cox.

18-488-01 Ordered, to accept a bid from Skytec of Windham, ME for the repair of theAirport's Omnidirectional Approach Lights (ODALs) in the amount of $16,992.00.

18-494-01 Ordered, to make appointments to the Board of Assessment Review.

18-496-01Order, to authorize the City Manager to finalize and sign the Paving for PizzaAgreement from Domino’s Pizza in the amount of $5,000 to be used for pavingpotholes in Sanford Streets pursuant to the terms and conditions as set forth.

Council Member Comments

Future Agenda Items

Adjournment

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Memo

Number:To: City CouncilFrom: Sherry Lord, AdministrationDate: 2018-10-16 18:00:00

Subject:

Ordered, to approve the following meeting minutes: Executive Session: October 2, 2018Regular Meeting: October 2, 2018

RECOMMENDATION Ordered, to approve the following meeting minutes: Executive Session: October 2,2018 Regular Meeting: October 2, 2018

ATTACHMENTS

10-2-18 EXEC Minute.doc10-2-18 Council Minutes.pdfSanford Manager's Report for 10-2-18 attachments.pdf

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EXECUTIVE SESSION – CITY COUNCILCITY COUNCIL CONFERENCE ROOM

THIRD FLOOR – CITY HALL ANNEX

TUESDAY, October 2, 20185:30 PM

Executive Session Minutes

Present: Mayor Cote, Deputy Mayor Lanigan, Councilors Herlihy, Hanslip, Tuttle. Councilor, Councilor Smith and Councilor Stackpole absent w/notice. Others present: Manager Buck and Executive Assistant Lord.

Mayor Cote opened the meeting at 5:33PM

Old BusinessNone

New Business

Motion by Councilor Hanslip to enter into Executive Session to discuss a grievance appeal pursuant to M.R.S.A. Title 1 405 (6) (A), seconded by Councilor Tuttle. The City Council voted 4-0 to enter into executive session at 5:01 PM.

18-486-01 Ordered, to enter into executive session to discuss an employment contractpursuant to M.R.S.A. Title 1 § 405 (6) (A).

The City Council came out of executive session at 5:55pm.

Adjourned Executive Session at 5:58PM

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Jjugghtutfgfryiy6hthg \ ,

The Sanford City Council met at 6:00 p.m. in the Chambers of the Sanford City Hall Annex on Tuesday, October 2, 2018. Mayor: Thomas P. Cote COUNCILORS: Deputy Mayor Lucas Lanigan, Councilor Maura A. Herlihy, Councilor Joseph Hanslip, Councilor Fred W. Smith, Councilor John L. Tuttle, Jr. and Councilor Robert G. Stackpole CITY STAFF: City Manager, Steven Buck; Executive Assistant, Sherry Lord; Director of Community Development, Ian Houseal; Fire Chief, Steven Benotti; City Clerk, Sue Cote; Code Enforcement Officer, Jamie Cole; Recreation Coordinator, Lori Hegarty; City Planner, Beth Della Valle and Grant Writer, Lee Burnett. Mayor Cote called the meeting to order at 6:07 pm. The session began with the Pledge of Allegiance and a moment of silence Pledge of Allegiance Moment of Silence Roll Call: Mayor Cote performs the Council Roll call: Councilor Stackpole, absent w/notice; Councilor Tuttle, present; Councilor Smith, absent w/notice; Councilor Hanslip, present; Councilor Herlihy, present; Deputy Mayor Lanigan, present and Mayor Cote, present. Minutes

18-481-01 Ordered, to approve the following meeting minutes: - September 18, 2018: Regular Meeting; Councilor Tuttle moved to approve, seconded by Councilor Hanslip. The City Council voted 5-0 to approve.

Mayor’s Report/City Council Sub-Committee Reports City Manager's Report (see attached) Communications/Presentations

18-428-01 Presentation from the Sanford Housing Authority and the Sanford

Land Bank Authority. Bill Keefer, Director of Sanford Housing

Authority and Ian Houseal, Director of Community Development

gave a presentation to the City Council.

Sanford City Council City Council Meeting Minutes – October 2, 2018

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Public Participation Anne Marie Mastraccio – announced that she will be hosting a public meeting regarding Central Maine Power with Barry Hobbins, October 9th from 6-8pm. Fire Chief Steven Benotti – Reminder Sunday, October 7th at 1:00pm annual fire fighter memorial service as well as dedication of fire equipment and open house. Hazen Carpenter- He feels that the City should buy the Ballenger Auto property. He feels it will benefit the parks department and has a lot of parking that the City needs. He also feels that if this can happen the building at Benton Park will be turned into a park building with restrooms. Public Hearings

The City Council will take public comment on the following: 18-456-01 A public hearing to take public comment on a proposed ordinance

change to the Residential Development (RD) zone to allow multifamily

dwellings. Mayor Cote declared the public hearing open at 7:26pm.

There was no one to speak for or against. The public hearing was

declared closed at 7:27pm.

18-457-01 A public hearing and receive comments on revisions to Chapter 280:

Zoning Ordinance regarding child care and adult day care services in

the Rural Residential (RR) and Rural Mixed Use (RMU) zones. Mayor

Cote declared the public hearing open at 7:27pm. City Planner, Beth

Della Valle explained the proposed amendments. Neil Meltzer of

Waban was somewhat opposed to this amendment. He feels that

these standards are more restrictive than the current ordinance. There

was no one else to speak for or against. The public hearing was

declared closed at 7:39pm

18-472-01 A public hearing on an Ordinance Establishing a Moratorium on

Medical Marijuana Production Facilities, Registered Caregiver Retail

Stores, Registered Dispensaries, Marijuana Testing Facilities, and

Marijuana Manufacturing Facilities. Mayor Cote declared the public

hearing open at 7:40pm. Eric Stone owns and manages building at

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72 Emery Street voiced his concerns about the hardship this

moratorium will put on him and his tenants. Daniel Bear owner of

property at 12 Smada Drive voiced his concerns regarding the

moratorium and the undue financial hardship on him. Lindsay

Holden owner of 22 Smada Drive has been working to renovate the

building voiced her concerns of the ordinance. Jamie Chrome of 9

Renaissance Way voiced his concern due to the fact that they have

received their building and demo permit. The financial burden will be

detrimental to his business. Isaac Ellowitz reviewed the last task

force meeting notes and he feels that this ordinance doesn’t reflect

what was agreed to at that meeting. City Manager Buck explained

the need for the moratorium. Jason Avril voiced his concerns

regarding the moratorium that would stop his business from being

built. There was no one else to speak for or against. The public

hearing was declared closed at 8:15pm

Consent Agenda None Old Business

18-426-01 The City Council of the City of Sanford hereby ordains Amendment of

Chapter 280: Zoning - Design Review Standards and Design Review

Committee. (This item must be read on two separate days. This is the

second reading.) Councilor Tuttle moved to approve, seconded by

Councilor Herlihy. The City Council voted 5-0 to approve.

New Business

18-483-01 The City Council of the City of Sanford Maine, hereby proclaim

November 1, 2018 as “Extra Mile Day”. Councilor Tuttle moved to

approve, seconded by Councilor Herlihy. Mayor Cote read the proclamation.

The City Council voted 5-0 to approve.

18-460-01 Ordered to approve a bid from Greenfields Outdoor Fitness Equipment

in the amount of $24,650.00 to install a new fitness zone. Councilor

Herlihy moved to approve, seconded by Deputy Mayor Lanigan. The

City Council voted 5-0 to approve. 7

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18-471-01 Ordered, to authorize the use of $2,100.00 in logging violation funds for

the purpose of trail improvements. Councilor Tuttle moved to approve,

seconded by Councilor Herlihy. Lee Burnett of the Trails Committee

explained the project. The City Council voted 5-0 to approve.

18-485-01 Ordered to accept a bid from STS Construction of Lebanon Maine to

improve a ~560 foot section of trail connecting Oscar Emery Drive and

Sanford High Boulevard in the amount not to exceed $5,610.00.

Councilor Herlihy moved to approve, seconded by Councilor Tuttle. Lee

Burnett explained the project. Deputy Mayor Lanigan made an

amendment to approve an amount of $8,350.00, seconded by Councilor

Herlihy. The City Council voted 5-0 to approve.

18-473-01 Ordered, to approve the proposed copy fee schedule for all City

departments as presented. Councilor Tuttle moved to approve,

seconded by Deputy Mayor Lanigan. The City Council voted 5-0 to

approve.

18-444-01 The City Council of the City of Sanford hereby ordains proposed Zoning

Amendment – Child Care and Adult Day Services Part 2. (This item

must be read on two separate days. This is the first reading.) No action

taken as it is the first reading.

18-453-01 The City Council of the City of Sanford hereby ordains amendments to

Chapter 280: Zoning, Land Use Tables to allow multifamily in the

Residential Development (RD) Zone. (This item must be read on two

separate days. This is the first reading). No action taken on this item as

it is the first reading.

18-480-01 The City Council of the City of Sanford hereby ordains an Ordinance

establishing a moratorium on Medical Marijuana production facilities,

Registered caregiver retail stores, Registered Dispensaries, Marijuana

Testing Facilities and Marijuana Manufacturing facilities. (This item must

be read on two separate days, this is the first reading). No action taken

on this item as it is the first reading.

18-481-01 Ordered, to approve a three year employment contract with General Services Union. Councilor Hanslip moved to approve, seconded by

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Councilor Herlihy. The City Manager gave a brief update of contract changes. The City Council voted 5-0 to approve.

Council Member Comments Councilor Stackpole: Absent Councilor Tuttle: Fire Department open house on Sunday. Goodall Hospital’s 90th birthday was September. Issues with trash pick-up on Hanson Ridge Rd. 100 year Anniversary of the First World War in November. Congratulated the Sanford High Football Team on the recent win. Councilor Smith: absent Councilor Hanslip: None Councilor Herlihy: Sanford International Film Festival October 16-21st. Deputy Mayor Lanigan: Columbus Day soccer tournament is this weekend. Mayor Cote: Thanked Deputy Mayor Lanigan for putting on the Great Pumpkin Festival. Future Agenda Items

- Ballenger Auto property (PSC) - Marijuana Moratorium discussion (Zoning & MTF) - Discussion of budget material online

Adjournment Mayor Cote moved to adjourn regular meeting at 8:50 pm Respectfully submitted by Sherry Lord, Executive Assistant

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To: City Council Subject: City Manager’s Report for October 2, 2018 Date: October 2, 2018 SanfordNet Fiber: The Project completed all necessary Permitting, Make Ready Estimates, and Pole Attachment Agreements as of last June. The City also signed a Notice to Proceed with Eustis Cable for construction of SanfordNet Fiber on July 16th, 2018 with a Time to Construct of four (4) months. The limiting factor is waiting for the Make Ready to be completed as projected by the Estimated Construction Completion Dates or ECCD’s for each segment. Three of the seven Segments have been completed and the City has obtained Pole Attachment Agreements. Four Segments remain all previously having ECCD’s of February 11, 2019, the full six months as previously allowed for Make Ready prior to PUC Rules Chapter 880 changes now in effect. Consolidated Communications responded to the City’s concerns by amending the Make Ready ECCD’s as below. Application Original

Construction Completion Date

New Promised Date

2A Wells/0771 11-Feb-2019 26-Oct-2018 3A Sanford/0767 11-Feb-2019 15-Feb-2019 4A Sanford/0768 11-Feb-2019 31-Dec-2018 5A Sanford/0769 11-Feb-2019 16-Nov-2018

Per the response, the City will focus on Segment 3A for options to move this Segment forward closer to the other Segments as listed. To date, Central Maine Power has not been responsive to the City’s A/E Consultant, Tilson on submitting ECCD’s. The City has verified certified mail receipts of the Make Ready submissions and all Segment Checks have been cashed by CMP. Administration will now focus upon CMP for a timely response and ECCD’s per the PUC Rules.

From the Desk of Steven R. Buck City Manager

Memo

City of Sanford

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Eustis Cable has set up shop and laydown area at the Airport in a secure location. The entire inventory of Fiber has been order and is due in the short term. All 87 Community Anchor Institutions have been contacted by Eustis to set a time/date for installation of the Optical Network Terminals (ONT) and fiber connections to and into their facilities; installations have started. The Active Network Components of the Optical Network Terminals that will power/lite the Network have been order through EX2/Calix and will be housed in four (4) server racks installed in the server facilities in City Hall. Further reporting will be centered on the progress with CMP and their associated ECCD’s as well as responses from Cable and other telecommunications providers having Make Ready assignments moving their assets. Eustis Cable is querying these entities to assist in achieving their respective make ready times. Public Broadcast Channels 25 & 26: As of Wednesday, October 3rd, 2018, the WSSR-TV servers that host the City’s tow public broadcast channels 25 & 26 for the School and City will be moved from the Old Sanford High School to the New Sanford High School. The two Channels will be out of service until such time as they can be reconfigured on the new network and brought back on line. I do not have an estimate of the time out of service as of this writing but expect at least a week until the New High School becomes operational on or before October 15th, 2018. Opening of the New High School: As of this writing, the New Sanford High School is slated to open for students on October 15th, 2018. Hutter, the General Contractor, is working diligently to complete a substantial punch list of items as well as completing the testing of the operational systems for the sprinklers, alarm systems, smoke evacuation systems, and all fire doors and egress pathways. The City has worked with the School to adjust the traffic patterns per the original Department of Education and Maine Department of Transportation Turning Movement Permits and configuration of right out only for Alumni Drive at Maine until such time as the traffic signals can be moved to Old Mill & Alumni Drive pending arrival of the mast arms in mid-December. Adjustments to these schedules will come through the School Department as determined. Stenton Trust – EPA Public Meeting: On September 26th, 2018 the Federal EPA held a Public Meeting to convey information about their pending work on demolishing Tower C and Section D of the Stenton Trust Mill. The focus of the EPA presentation, attached, was on the timing and phases of the demolition as well as ensuring that public safety and air quality standards will be met for the duration of the Project. EPA summary: October to Early November 18 – Office to be located in front parking area off River St and fencing will be installed to secure entire Site. 11

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November – start of asbestos abatement in Tower A, Tower A to remain intact post remediation of friable asbestos October – February – structural assessment of Sections C & D and development of Demolition Plan and placement of Plan to Bid Alternative Storage to be secured for Central Furniture for second floor inventory of within their adjacent Facility that is dependent upon an access around and behind the Stenton Trust Building Tower C and Section D March 2019 – Start of Demolition actions to be completed by end of June 2019 Questions for EPA may be directed to; Catherine Young EPA On Scene Coordinator (617) 918-1217 [email protected] The City presented a multi-phased plan summary of Next Steps post Demolition and Asbestos Remediation by EPA, attached, and further summarized as; Use Area Wide Assessment Funds to perform a Phase II analysis of any/all remaining

environmental contamination remaining of the Site and develop a Remediation Plan with cost estimates to complete

Exercise an Option to acquire Controlling Interest in the Stenton Trust Property, with environmental liability protections, from the Owner of Record for the purpose of performing Environmental Remediation on the Site

Seek funding through the EPA, Maine Department of Environmental Protection, and regional grants/loans through Southern Maine Planning and Development Commission for Environmental Cleanup

Seek and obtain Environmental Protections through the Maine DEP Voluntary Response Action program (VRAP) on the Site to preclude environmental liabilities upon future developers

Negotiate the Terms of a Letter of Intent with a known reputable Developer for the Redevelopment of the remaining potions of the Buildings and Site for commercial and workforce housing development

Redevelop the Site upon completion and obtaining VRAP protections and transfer of the Site to the known developer

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CITY OF SANFORD & VILLAGE OF SPRINGVALE

PRESS RELEASE

DATE: September 27, 2018

DATE OF RELEASE: September 27, 2018

DEPARTMENT / BUREAU: Public Works Department

CONTACT PERSON: Matthew E. Hill (Person who will be quoted)

TELEPHONE: 324-9135

MAILING ADDRESS: 156 School Street, Sanford, Maine

DISPOSAL OF LEAVES

The Public Works Department wishes to announce that leaves from residents of the City of Sanford

and Village of Springvale will be accepted at the Transfer Station located at 81 Rushton Street,

Sanford, at no charge (Transfer Station Permit will still be required to verify residency).

The Transfer Station hours are Tuesday thru Friday 7:30 am - 4:30 pm and Saturday 8:00 am to

noon. However, between October 20, 2018 and November 17, 2018 the Transfer Station

(DEBRIS AREA ONLY) will be open on Saturdays from 8:00 am to 4:00 pm.

If leaves are brought in bags, the bags must be emptied on site as only leaves will be accepted.

No curb-side pickup of leaves will be provided.

The Department would like to also encourage on-site composting of leaves, if your property has the

ability to do so in a reasonable manner. From oldworldgardenfarms.com:

Here are 4 simple steps to help you make great leaf compost:

1. The Gathering Process – How To Get The Right Kind Of Leaves

Although leaves are plentiful this time of year – some are better than others. Maple, Birch, Ash,

Beech and fruit tree leaves are fantastic to compost.

Oak leaves on the other hand should be composted in moderation. The leaves of Oak trees tend to

be more acidic – too many in the compost pile can result in compost that is less than ideal for most

vegetable gardens. A good rule of thumb – if Oak leaves make up less than 10 to 20% of your

total pile – you should be good to go.

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2. Shred – Shred – Shred!

Like anything you put into a compost pile – leaves benefit greatly from being shredded first. Whole

leaves won’t compost quickly if left alone on the ground – and especially in piles where they can

bind together and become a soggy matted mess.

If you don’t own a shredder – no worries. A regular old push mower or riding mower will do a

great job of shredding your leaves into a fine chopped mix. We gather so many that we just pile

them up and take care of business with a riding mower. In about 15 minutes, we can reduce 25

garbage bags of leaves into a couple wheelbarrow loads of shredded bits. However you do it –

shred those leaves – the finer the better!

3. Add a Nitrogen Source to Your Leaf Compost Pile

A pile of leaves left on their own – even if shredded – can still take over a year to break down. So to

speed up the decomposition process – you need to add a source of Nitrogen to get your pile

cooking.

One easy remedy – freshly cut green grass. Fresh cut green grass is a great source of nitrogen and

mixes easily with shredded leaves. Chicken, rabbit or horse manure also are great sources to get that

pile of leaves heated up and cooking. If you have no access to grass or manure – you can always

purchase a ready-made off the shelf compost activator – but good old natural green grass or manure

works perfect for us.

As for how much of each to add – just use another good rule of thumb – the 5 to 1 ratio. For every

5 wheelbarrows, buckets or bags of shredded leaves you add to the pile – mix in 1 wheelbarrow,

bucket or bag of cut grass clippings or manure.

4. Keep It Together, Keep it Turned, And Keep It Moist

If you don’t have compost bins or a large enough composting area – make a temporary one in the

middle of your garden. It’s important to keep your pile together to allow it to heat up and

decompose. An inexpensive 3 foot wire fence section, made into a circle can become a perfect

temporary composting bin for the winter time. The best part is that you’re making your compost

right where you’re going to need it – in your garden! And while that pile is “cooking” – don’t be

afraid to add some of your normal compost pile trimmings to it. Coffee grounds, fruit peels and

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scraps and grass clipping can be added while you’re turning to make your finished compost even

better.

If you want that pile to get heated up and compost even quicker – go out a few times a week and

take a shovel or pitchfork and turn your pile. It doesn’t take great effort – especially with the light

make-up of a leaf compost pile. However – turning that pile and mixing in oxygen gets it to heat up

and break down quickly.

Last, make sure to keep the pile moist. You want it to be like the consistency of a damp sponge – if

you get too many consecutive dry days – add a little water to your pile to keep it cooking strong.

So there you have it – some simple hints to composting all of those falling leaves.

Distribute to:

Journal Tribune – T. Wells

Copy to all Staff and Council

The Legends Radio Station

Town Square Media Radio Station

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U.S. Environmental Protection Agency Stenton Trust Mills Removal Action

13 River Street, Sanford, ME18

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Stenton Trust Mills:

EPA Site Layout During

the Removal Action

Decontamination and Debris Staging Area

EPA Office Area and Clean ZoneEPA Work Area/Contamination Zone

EPA Air Monitoring and Sampling Locations

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Stenton Trust Mills: Area of Demolition and Building Detail

Section D and Tower CBuilding areas to be demolished

Section BHistoric building-No demolition

Tower AAsbestos removal – No demolition

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Stenton Trust MillsAnticipated Removal Action Timeline

• Anticipated start date – EPA will set up a work trailer, some equipment and fencing in late October/early November 2018.

• The asbestos reassessment and removal in Tower A will be conducted during the Fall and Winter 2018.

• Demolition of Tower C and Section D is planned to begin in March 2019. Construction equipment will begin to be staged at the site at this time.

• Air monitoring will be conducted continuously during working hours throughout the demolition activities.

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Stenton Trust MillsAnticipated Removal Action Timeline

• Air sampling for asbestos will be conducted at the beginning of the removal. action and as outlined in the EPA Air Monitoring and Sampling Plan for the Site.

• EPA is working with Federal Public Health officials to develop action levels during air monitoring for particulates and asbestos which will be protective of the public.

• The removal action is expected to take approximately 9-10 months to complete.

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Contact InformationCatherine Young

EPA On Scene Coordinator(617) 918-1217

[email protected]

Questions?

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Stenton Trust RedevelopmentThe FutureNext Steps

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Stenton Trust Redevelopment• The City has been working for a number of years

for the redevelopment of the Stenton Trust Mill complex

• A Multi-Phased approach to work through Ownership Conflicts, Environmental Remediation, and Viable Reuse have been the major impediments

• The Multi-Phased Concept changed dramatically after the Fire of June 23rd, 2017

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Stenton Trust Redevelopment• The Fire caused extensive damage to previously

developable Sections of the Mill Complex

• The City explored various means of assistance to demolish/remove the damaged Sections –Preserving the remainder for Redevelopment

• EPA will now perform abatement and demolition actions ultimately removed Sections C & D as described

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Stenton Trust Redevelopment• Post Demolition by EPA, the City will utilize Area

Wide Assessment Funds to identify any remaining environmental impediments

• A Remediation Plan will be developed with engineered Cost Estimates

• Funding and City Control/Ownership of the Site will be perfected

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Stenton Trust Redevelopment• The City will seek to obtain Ownership and Control

of a portion of the Site from the current Owner of Record

• Owner of Record has demonstrated the lack of fiscal resources and aptitude to address environmental impacts and redevelopment

• City will acquire after Assessment to assure protections from Environmental Liabilities

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Stenton Trust Redevelopment• The City will seek Funding through EPA, Maine DEP, and SMPDC to

Remediate the Site and obtain a Voluntary Response Action Program (VRAP)

• IN 1993, THE MAINE LEGISLATURE ESTABLISHED THE VOLUNTARY RESPONSE ACTION PROGRAM (VRAP). THE VRAP ALLOWS APPLICANTS TO VOLUNTARILY INVESTIGATE AND CLEANUP PROPERTIES TO THE DEPARTMENT'S SATISFACTION, IN EXCHANGE FOR PROTECTIONS FROM DEPARTMENT ENFORCEMENT ACTIONS. THE VRAP IS INTENDED TO ENCOURAGE THE CLEANUP AND REDEVELOPMENT OF CONTAMINATED PROPERTIES WITHIN THE STATE

• the Site may then be redeveloped with limits on environmental liability for the Developer.

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Stenton Trust Redevelopment• The City and the Sanford Regional Economic

Growth Council are working with a Reputable Developer, that has perform a large number of mill complex redevelopments

• A Letter of Intent with a Developer is currently under development

• The terms of the LOI are being negotiated based upon the remedial actions being performed by EPA and as defined by the pending Assessment and Remediation Plan post demolition

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Stenton Trust Redevelopment• The Redevelopment aligns with the 2017 work on

the Stenton Mill Area Revitalization Plan as compiled by the Seacoast Workforce Housing Alliance

• The Redevelopment is further compliant with the City’s Comprehensive Plan

• Redevelopment is focused on a mixed use of Commercial and Workforce Housing to address Sanford’s growing needs

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City of Sanford Maine Stenton Trust: QUESTIONS?

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Memo

Number:To: City CouncilFrom: Lorisa Ricketts, Growth CouncilDate: 2018-10-16 18:00:00

Subject: Quarterly Report from Executive Director of Sanford Regional EconomicGrowth Council

RECOMMENDATION

ATTACHMENTS

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Memo

Number:To: City CouncilFrom: Cathy Sevigny, City Clerk & Voter RegistrarDate: 2018-10-16 18:00:00

Subject: A Public Hearing to receive comments on the Renewal liquor license applicationwith malt, spiritous and vinus priviledges from Above & Beyond Catering Inc.

RECOMMENDATION Open a Public Hearing to receive comments in favor or against the Renewal liquorlicense application from Above & Beyond Catering Inc., with malt, spirituous, andvinous privileges located at 4 Washington Street, Sanford, Maine.

Background Information:Above & Beyond Inc. submitted the required application with fees to obtain therequested license. A successful onsite inspection of the facility was conducted by theInspection Team on October 10, 2018.

ATTACHMENTS

OCT 16 PH ABOVE.pdf

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Memo

Number:To: City CouncilFrom: Cathy Sevigny, City Clerk & Voter RegistrarDate: 2018-10-16 18:00:00

Subject:

Ordered, to approve the following license request: An application for Liquor license renewal from Above & Beyond Catering, Inc.,4 Washington Street, Sanford, Maine.

RECOMMENDATION Ordered, to approve the following license request: An application for Liquor licenserenewal from Above & Beyond Catering, Inc., 4 Washington Street, Sanford, Maine.

Background Information:Public Hearings for liquor license requests were properly advertised and held at thissame meeting. The Inspection Team has given approval for the requested licenses tobe issued.

ATTACHMENTS

OCT 16 LIQ ABOVE.pdfOCT 16 AGENDA.pdf

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Memo

Number:To: City CouncilFrom: Sherry Lord, AdministrationDate: 2018-10-16 18:00:00

Subject:

The City Council of the City of Sanford hereby ordains an Ordinance establishing amoratorium on Medical Marijuana production facilities, Registered caregiver retailstores, Registered Dispensaries, Marijuana Testing Facilities and MarijuanaManufacturing facilities. (This item must be read on two separate days, this is thesecond reading).

RECOMMENDATION The City Council of the City of Sanford hereby ordains an Ordinance establishing amoratorium on Medical Marijuana production facilities, Registered caregiver retailstores, Registered Dispensaries, Marijuana Testing Facilities and MarijuanaManufacturing facilities. (This item must be read on two separate days, this is the firstreading).

ATTACHMENTS

Sanford Caregiver Retail Storefront Moratorium Ordinance (Post HearingRedline).DOCX

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CITY OF SANFORDORDINANCE ESTABLISHING A MORATORIUM ON MEDICAL MARIJUANA PRODUCTION FACILITIES AND REGISTERED CAREGIVER RETAIL STORES

WHEREAS, the Maine Medical Use of Marijuana Act, codified at 22 M.R.S. Chapter 558-C,

authorized primary caregivers to possess and cultivate marijuana for qualifying patients and to receive

monetary compensation for costs associated with assisting qualifying patients; and

WHEREAS, the Legislature enacted An Act to Amend the Maine Medical Use of Marijuana Act,

PL 2017, c. 447 (LD 238) on an emergency basis and An Act to Amend Maine’s Medical Marijuana

Law, PL 2017, c. 452 (LD 1539) (“the Act”), on July 9, 2018; and

WHEREAS, both new laws specifically give municipalities the authority to regulate registered

caregivers, registered caregiver retail stores, registered dispensaries, marijuana testing facilities and

manufacturing facilities; and

WHEREAS, the Act authorizes caregivers to operate one retail store to sell harvested marijuana

to qualifying patients for the patients' medical use; and

WHEREAS, the Act prohibits municipalities from authorizing new registered caregiver retail

stores, registered dispensaries, marijuana testing facilities and manufacturing facilities after the effective

date of the Act unless the legislative body has voted to adopt or amend an ordinance or approve a warrant

article allowing registered caregiver retail stores, registered dispensaries, marijuana testing facilities or

manufacturing facilities; and

WHEREAS, the Act specifically authorizes the continued operation of registered caregiver retail

stores, registered dispensaries, marijuana testing facilities and manufacturing facilities that are operating

with municipal approval prior to effective date of the Act; and

WHEREAS, the Act will become effective on December 13, 2018; and

WHEREAS, the City of Sanford’s (“the City”) ordinances currently permits and regulates

medical marijuana production facilities but does not regulate registered caregiver retail stores, registered

dispensaries, marijuana testing facilities or manufacturing facilities ; and

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WHEREAS, registered caregiver retail stores, registered dispensaries, marijuana testing facilities

or manufacturing facilities, and the increasing number of licensed medical marijuana production facilities

give raise a number of concerns related to public safety and welfare, including, but not limited to,

potential adverse effects on neighborhoods, security of the facilities, use of industrialized solvents and

gases, and odors that may create a public nuisance or hazard; and

WHEREAS, there has been an increasing number of requests regarding the establishment of

registered caregiver retail stores, registered dispensaries, marijuana testing facilities or manufacturing

facilities, and medical marijuana production facilities, highlighting the concerns related to public safety

and welfare; and

WHEREAS, the City’s existing ordinances do not provide an adequate mechanism to regulate

and control the location, proliferation, and operation of medical marijuana production facilities and

registered caregiver retail stores, registered dispensaries, marijuana testing facilities or manufacturing

facilities, and are inadequate to prevent serious public harm that could be caused by the unregulated

development of registered caregiver retail stores registered dispensaries, marijuana testing facilities or

manufacturing facilities, ; and

WHEREAS, the City needs a reasonable amount of time to determine the implications of

registered caregiver retail stores, registered dispensaries, marijuana testing facilities or manufacturing

facilities, and to develop reasonable regulations governing their location and operation and to determine

the implications on the number of medical marijuana production facilities operating or proposed to be

operating in the City; and

WHEREAS, during the period of this Moratorium, the City will work on developing appropriate

land use regulations concerning registered caregiver retail stores, registered dispensaries, marijuana

testing facilities or manufacturing facilities, and work on amending the land use and licensing regulations

concerning the number and location of medical marijuana production facilities;

NOW THEREFORE, pursuant to the authority granted to it by 30-A M.R.S. § 4356, be it hereby

ordained by the legislative body of the City of Sanford as follows:48

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1. DEFINITIONS.

As used in this Ordinance, the following terms have the following meanings as defined in the Marijuana Legalization Act:

“Medical Marijuana”: means marijuana that is acquired, possessed, cultivated, manufactured, used, delivered, transferred or transported to treat or alleviate a qualifying patient's debilitating medical condition or symptoms associated with the qualifying patient's debilitating medical condition.

“Medical Marijuana Production Facility”: means a facility used for cultivation, processing, storage, and/or distribution of medical marijuana at a location which is not the medical marijuana registered primary caregiver’s primary residence.

“Registered Caregiver Retail Store”: a facility or location in which a registered medical marijuana caregiver sells harvested marijuana to qualifying patients for the patients' medical use through a storefront.

“Registered Dispensary”: means an entity registered under 22 MRSA Section 2425-A that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, sells, supplies, or dispenses marijuana or related supplies and educational materials to qualifying patients and the caregivers of those patients.

“Marijuana Testing Facility”: means a registered tier 1 or tier 2 manufacturing facility or a person authorized to engage in marijuana extraction pursuant to 22 MRSA Section 2423-F sub 8

“Marijuana Manufacturing Facility”: means a registered tier 1 or tier 2 manufacturing facility or a person or entity authorized to engage in marijuana extraction under 22 MRSA Section 2423-F

2. APPLICABILITY AND PURPOSE.

This moratorium shall apply to medical marijuana production facilities that do not already have a building

permit, site plan approval, or is located in a building that currently containing a licensed medical

marijuana production facility pursuant to Chapter 149 of the City’s Ordinances, and also to registered

caregiver retail stores, registered dispensaries, marijuana testing facilities or manufacturing facilities, as

defined above, that are proposed to be located within the City on or after October 2, 2018.

Notwithstanding anything to the contrary in 1 M.R.S. § 302 or any other law, this Ordinance applies

retroactively to any application for approval, including but not limited to a building permit, business

license, certificate of occupancy, site plan review, conditional use, or any other approval the

establishment or operation of a proposed medical marijuana production facility or a registered caregiver

retail store, registered dispensaries, marijuana testing facilities or manufacturing facilities, whether or not

such application had become a “pending proceeding” as defined in 1 M.R.S. § 302 prior to the enactment

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of this Ordinance. Properties that are currently permitted as commercial, industrial, processing,

manufacturing, general retail operations or other similar use shall not be permitted to operate as a medical

marijuana production facility or registered caregiver retail store, registered dispensaries, marijuana testing

facilities or manufacturing facilities, and shall only be permitted by the City in accordance with future

land use regulations concerning registered medical marijuana production facilities and registered

caregiver retail stores, registered dispensaries, marijuana testing facilities or manufacturing facilities.

3. PROHIBITION.

During the time this Ordinance is in effect, no official, officer, board, body, agency, agent or employee of

the City of shall accept, process or act upon any application for any approval, including but not limited to

a building permit, business license, certificate of occupancy, site plan review, conditional use, or any

other approval relating to the establishment or operation of a business or operation of a medical marijuana

production facility or registered caregiver retail store, registered dispensaries, marijuana testing facilities

or manufacturing facilities.

No person shall establish or operate a new business or operation of a medical marijuana production

facility or registered caregiver retail, registered dispensaries, marijuana testing facilities or manufacturing

facilities, store within the City without complying with whatever ordinance amendments the City may

enact as a result of this Ordinance. This prohibition does not apply to activities of registered medical

marijuana caregivers that occur within a caregiver’s residence or the residence of a qualifying patient.

4. ENFORCEMENT, VIOLATION AND PENALTIES.

This Ordinance shall be enforced by the City’s Code Enforcement Officer. Any person who violates

Section 3 of this ordinance shall be subject to civil penalties and other remedies as provided in 30-A

M.R.S. § 4452.

5. EFFECTIVE DATE.

This Ordinance takes effect immediately upon adoption and shall expire on the 180th day thereafter,

unless earlier extended by the City Council.

6. SEVERABILITY.50

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Should any section or provision of this Ordinance be declared by any court to be invalid, such a decision

shall not invalidate any other section or provision.

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CITY OF SANFORDORDINANCE ESTABLISHING A MORATORIUM ON MEDICAL MARIJUANA PRODUCTION FACILITIES AND REGISTERED CAREGIVER RETAIL STORES

WHEREAS, the Maine Medical Use of Marijuana Act, codified at 22 M.R.S. Chapter 558-C,

authorized primary caregivers to possess and cultivate marijuana for qualifying patients and to receive

monetary compensation for costs associated with assisting qualifying patients; and

WHEREAS, the Legislature enacted An Act to Amend the Maine Medical Use of Marijuana Act,

PL 2017, c. 447 (LD 238) on an emergency basis and An Act to Amend Maine’s Medical Marijuana

Law, PL 2017, c. 452 (LD 1539) (“the Act”), on July 9, 2018; and

WHEREAS, both new laws specifically give municipalities the authority to regulate registered

caregivers, registered caregiver retail stores, registered dispensaries, marijuana testing facilities and

manufacturing facilities; and

WHEREAS, the Act authorizes caregivers to operate one retail store to sell harvested marijuana

to qualifying patients for the patients' medical use; and

WHEREAS, the Act prohibits municipalities from authorizing new registered caregiver retail

stores, registered dispensaries, marijuana testing facilities and manufacturing facilities after the effective

date of the Act unless the legislative body has voted to adopt or amend an ordinance or approve a warrant

article allowing registered caregiver retail stores, registered dispensaries, marijuana testing facilities or

manufacturing facilities; and

WHEREAS, the Act specifically authorizes the continued operation of registered caregiver retail

stores, registered dispensaries, marijuana testing facilities and manufacturing facilities that are operating

with municipal approval prior to effective date of the Act; and

WHEREAS, the Act will become effective on December 13, 2018; and

WHEREAS, the City of Sanford’s (“the City”) ordinances currently permits and regulates

medical marijuana production facilities but does not regulate registered caregiver retail stores, registered

dispensaries, marijuana testing facilities or manufacturing facilities ; and

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WHEREAS, registered caregiver retail stores, registered dispensaries, marijuana testing facilities

or manufacturing facilities, and the increasing number of licensed medical marijuana production facilities

give raise a number of concerns related to public safety and welfare, including, but not limited to,

potential adverse effects on neighborhoods, security of the facilities, use of industrialized solvents and

gases, and odors that may create a public nuisance or hazard; and

WHEREAS, there has been an increasing number of requests regarding the establishment of

registered caregiver retail stores, registered dispensaries, marijuana testing facilities or manufacturing

facilities, and medical marijuana production facilities, highlighting the concerns related to public safety

and welfare; and

WHEREAS, the City’s existing ordinances do not provide an adequate mechanism to regulate

and control the location, proliferation, and operation of medical marijuana production facilities and

registered caregiver retail stores, registered dispensaries, marijuana testing facilities or manufacturing

facilities, and are inadequate to prevent serious public harm that could be caused by the unregulated

development of registered caregiver retail stores registered dispensaries, marijuana testing facilities or

manufacturing facilities, ; and

WHEREAS, the City needs a reasonable amount of time to determine the implications of

registered caregiver retail stores, registered dispensaries, marijuana testing facilities or manufacturing

facilities, and to develop reasonable regulations governing their location and operation and to determine

the implications on the number of medical marijuana production facilities operating or proposed to be

operating in the City; and

WHEREAS, during the period of this Moratorium, the City will work on developing appropriate

land use regulations concerning registered caregiver retail stores, registered dispensaries, marijuana

testing facilities or manufacturing facilities, and work on amending the land use and licensing regulations

concerning the number and location of medical marijuana production facilities;

NOW THEREFORE, pursuant to the authority granted to it by 30-A M.R.S. § 4356, be it hereby

ordained by the legislative body of the City of Sanford as follows:53

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1. DEFINITIONS.

As used in this Ordinance, the following terms have the following meanings as defined in the Marijuana Legalization Act:

“Medical Marijuana”: means marijuana that is acquired, possessed, cultivated, manufactured, used, delivered, transferred or transported to treat or alleviate a qualifying patient's debilitating medical condition or symptoms associated with the qualifying patient's debilitating medical condition.

“Medical Marijuana Production Facility”: means a facility used for cultivation, processing, storage, and/or distribution of medical marijuana at a location which is not the medical marijuana registered primary caregiver’s primary residence.

“Registered Caregiver Retail Store”: a facility or location in which a registered medical marijuana caregiver sells harvested marijuana to qualifying patients for the patients' medical use through a storefront.

“Registered Dispensary”: means an entity registered under 22 MRSA Section 2425-A that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, sells, supplies, or dispenses marijuana or related supplies and educational materials to qualifying patients and the caregivers of those patients.

“Marijuana Testing Facility”: means a registered tier 1 or tier 2 manufacturing facility or a person authorized to engage in marijuana extraction pursuant to 22 MRSA Section 2423-F sub 8

“Marijuana Manufacturing Facility”: means a registered tier 1 or tier 2 manufacturing facility or a person or entity authorized to engage in marijuana extraction under 22 MRSA Section 2423-F

2. APPLICABILITY AND PURPOSE.

This moratorium shall apply to medical marijuana production facilities that do not already have a building

permit, site plan approval, or is located in a building that currently containing a licensed medical

marijuana production facility pursuant to Chapter 149 of the City’s Ordinances, and also to registered

caregiver retail stores, registered dispensaries, marijuana testing facilities or manufacturing facilities, as

defined above, that are proposed to be located within the City on or after October 2, 2018.

Notwithstanding anything to the contrary in 1 M.R.S. § 302 or any other law, this Ordinance applies

retroactively to any application for approval, including but not limited to a building permit, business

license, certificate of occupancy, site plan review, conditional use, or any other approval the

establishment or operation of a proposed medical marijuana production facility or a registered caregiver

retail store, registered dispensaries, marijuana testing facilities or manufacturing facilities, whether or not

such application had become a “pending proceeding” as defined in 1 M.R.S. § 302 prior to the enactment

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of this Ordinance. Properties that are currently permitted as commercial, industrial, processing,

manufacturing, general retail operations or other similar use shall not be permitted to operate as a medical

marijuana production facility or registered caregiver retail store, registered dispensaries, marijuana testing

facilities or manufacturing facilities, and shall only be permitted by the City in accordance with future

land use regulations concerning registered medical marijuana production facilities and registered

caregiver retail stores, registered dispensaries, marijuana testing facilities or manufacturing facilities.

3. PROHIBITION.

During the time this Ordinance is in effect, no official, officer, board, body, agency, agent or employee of

the City of shall accept, process or act upon any application for any approval, including but not limited to

a building permit, business license, certificate of occupancy, site plan review, conditional use, or any

other approval relating to the establishment or operation of a business or operation of a medical marijuana

production facility or registered caregiver retail store, registered dispensaries, marijuana testing facilities

or manufacturing facilities.

No person shall establish or operate a new business or operation of a medical marijuana production

facility or registered caregiver retail, registered dispensaries, marijuana testing facilities or manufacturing

facilities, store within the City without complying with whatever ordinance amendments the City may

enact as a result of this Ordinance. This prohibition does not apply to activities of registered medical

marijuana caregivers that occur within a caregiver’s residence or the residence of a qualifying patient.

4. ENFORCEMENT, VIOLATION AND PENALTIES.

This Ordinance shall be enforced by the City’s Code Enforcement Officer. Any person who violates

Section 3 of this ordinance shall be subject to civil penalties and other remedies as provided in 30-A

M.R.S. § 4452.

5. EFFECTIVE DATE.

This Ordinance takes effect immediately upon adoption and shall expire on the 180th day thereafter,

unless earlier extended by the City Council.

6. SEVERABILITY.55

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Should any section or provision of this Ordinance be declared by any court to be invalid, such a decision

shall not invalidate any other section or provision.

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Memo

Number:To: City CouncilFrom: Beth Della Valle, PlanningDate: 2018-10-16 18:00:00

Subject:

The City Council of the City of Sanford hereby ordains amendments to Chapter280: Zoning, Land Use Tables to allow multifamily in the ResidentialDevelopment (RD) Zone. (This item must be read on two separate days. This isthe second reading).

RECOMMENDATION Conduct public hearing, review and approve proposed amendment

Background Information:The multifamily use was inadvertently removed when the Land Use Table wasupdated in 2016.

Legal Review Status:N/A

Sub-Committee or Board Recommendation:See attached September 13, 2018 memo to City Manager.

Administrative or Departmental Review :It would be difficult for the Planning Board to apply the density bonus in the currentordinance to meet the purpose of the Residential Development (RD) Zone withoutallowing multifamily. Adoption of this amendment is consistent with the intent of theComprehensive Plan and purpose of the RD Zone.

Financial Impact or Review:NA

ATTACHMENTS

Memo to City Manager 09132018.docxDraft Amendment LU Tables RD Zone 08282018.docx

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TO: Steve Buck, City Manager

FROM: Beth Della Valle, AICP, Director of Planning & Development

DATE: September 13, 2018

SUBJECT: Proposed Zoning Amendment – Residential Development Zone

On September 5, 2018, the Planning Board held a public hearing on a proposed amendment of the Land Use Table to allow multifamily use in the Residential Development Zone. No one spoke at the public hearing either in support or opposition to the proposed amendment. The Planning Board found that adoption of this amendment is consistent with and would further the intent of the Comprehensive Plan and the purpose of the RD Zone.

Background:Based on a conversation with the former Director of Code Enforcement, multifamily use was previously allowed in this zone and was inadvertently removed when the Land Use Tables were updated in 2016.

Furthermore, the Planning Board believes that it would be very difficult to apply the 10 unit/net acre bonus the Planning Board is authorized to grant if uses are limited to single family and two family homes. The Planning Board is authorized to approve the density bonus if the subdivision is designed in conformance with the following standards:

280-11-5.6.2.2.1 The overall layout of the streets, lots, and buildings creates a neighborhood which has an urban character with a pedestrian orientation.

280-11-5.6.2.2.2 The buildings are oriented to the streets in an urban fashion with buildings fronting on the streets.

280-11-5.6.2.2.3 Parking and service areas are located to the side and rear of the buildings.

280-11-5.6.2.2.4 The layout provides for varying lot frontages and side setbacks.

280-11-5.6.2.2.5 Provisions are made for sidewalks or other pedestrian ways linking the neighborhood.

Please, let me know if you have any questions. I will attend the City Council and Zoning Subcommittee meetings associated with the proposed zoning change to answer any questions and help address any concerns.

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Draft Amendment Residential Development Zone 08282018

1

ZONING

280 Attachment 1A & 1B

Table of Land Use

[Amended 1-18-2005; 3-21-2006; 3-6-2007; 1-15-2008; 5-3-2010; 7-6-2010; 7-20-2010; 8-24-2010; 10-5-2010; 5-3-2011; 12-17-2013; 5-20-2014; 7-19-2016; 3-7-2017; 6-5-2018]

The following tables of land uses identifies which uses of land, buildings, or structures are permitted by right, permitted subject to review, or permitted subject to the issuance of a conditional use permit in the various zones. Uses permitted by right are indicated by a “P” in the appropriate column. Uses permitted only with approval from the appropriate authority are indicated by a “PR” in the appropriate column. Use permitted only with the issuance of a conditional use permit are indicated by a “CU.” A use which is not designated as a use permitted by right, a use permitted only with review, or a use permitted only with a conditional use permit in any zone is deemed to be a prohibited use in that zone.

Table 280 Attachment 1A lists residential uses

Table 280 Attachment 1B lists non-residential uses for the Airport Development (AD), Industrial Business (IB) and Urban (U) Zones.

When a use appears in both Table 1A and 1B, the more restrictive use designation will apply.

Category of UsesNAICS # RR RMU SFR RD IR IB U UZ

OverlayI. Rural Uses

A. Principal Uses1. Abattoirs PR PR PR2. Commercial agriculture, including animal

husbandryP P P P CU, except

for animal husbandry, which is not allowed

3. The keeping of pigs, chickens, and fowl forcommercial purposes

PR PR PR

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Category of UsesNAICS # RR RMU SFR RD IR IB U UZ

Overlay4. The processing and/or sale of agricultural

products raised on the premisesP P P P P for sale

5. Aquaculture P P P P Indoor operation, CU Outdoor operation

6. Forest management P P P P CU7. Timber harvesting P8. The commercial processing of wood,

including cutting, sawing, splitting, and chipping

PR PR PR PR

9. Lumberyards, including the milling and distribution of wood products and the wholesale and retail sales of building materials

PR PR PR CU

10. Mineral exploration P P PR11. Mineral extraction PR PR PR12. Road and driveway construction P P P P P P13. Kennels PR PR PR14. The reuse of existing agricultural buildings PR PR CU PR

II. Residential UsesA. Principal Uses

1. Single-family detached dwellings P P P P P2. Conversion of a single-family detached

dwelling existing as of the date of adoption of this chapter into a two (2)-family dwelling

PR PR P P P

3. Two (2)- family dwellings P P4. Multifamily dwellings P P5. Multifamily dwellings above the ground floor

of mixed-use developmentsPR P

6. Mobile home parks with access from a collector of arterial

PR

7. Expansions of existing mobile home parks PR8. Convalescent, rest, or nursing homes PR P except CU

for 62322

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Draft Amendment Residential Development Zone 08282018

3

Category of UsesNAICS # RR RMU SFR RD IR IB U UZ

Overlay9. Residential care or congregate care facilities PR P except CU

for 623229a. Expansion of existing residential care or

congregate care facilitiesPR PR PR P except CU

for 62322B. Uses Accessory To Any Residential Uses

1. Home businesses PR PR PR P2. Home occupations P P P P P P P3. Medical marijuana home occupation P P P P P P P4. Medical marijuana home production P P P P P P P5. Residential solar systems P P P P P P P

C. Uses Accessory To Single-Family Residential Uses1. Renting of rooms and furnishing of board P P P P2. Accessory apartments P P P3. Child-care homes with fewer than nine (9)

childrenP P P

4. Excavating and general contractors and owner-operated trucking operations on lots of greater than five (5) acres

PR PR PR PR

III. Institutional UsesA. Principal Uses

1. Child-care centers or nursery schools with thirteen (13) or fewer children

624110 PR PR PR PR PR P

2. Child-care centers or nursery schools with thirteen (13) or more children

624110 CU CU PR PR PR P

3. Churches, including accessory residential uses

813110 PR PR PR PR PR

4. Libraries 519120 PR PR PR5. Municipal uses PR PR PR PR PR6. Public schools and colleges PR PR PR7. Private schools and colleges PR PR PR8. Nonprofit clubs and lodges PR PR PR9. Hospitals 62211010. Museums 712110 PR PR PR11. Cemeteries 812220 PR PR PR PR12. Nonprofit service organizations CU CU CU CU CU13. Horse shows 7113 CU CU

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Category of UsesNAICS # RR RMU SFR RD IR IB U UZ

Overlay14. Nonprofit medical marijuana dispensary CU CU

VI. Recreation UsesA. Principal Uses

1. Golf courses 713910 PR PR PR2. For-profit, nonmotorized outdoor recreation PR PR PR3. Amusements 7131 PR4. Government and nonprofit parks and outdoor

recreationPR PR PR PR

5. Fully enclosed places of recreation 713940 PR PR6. Campgrounds 721211 PR PR7. Archery ranges 713990 PR PR8. Open air firearms ranges8a. Fully enclosed firearms ranges CU CU9. Indoor horse rings 115210 PR PR

V. Utility UsesA. Principal Uses

1. Essential services P P P P P P P2. Public utilities PR PR PR PR PR PR PR3. Transmitter towers within designated

transmitter tower overlay zonesCU CU

4. Wind generators 221119 CU CU CU5. Alternative communication towers PR PR PR PR6. Commercial solar systems P P P P P P7. Utility solar systems P P

VI. Commercial and Industrial UsesA. Principal Uses

1. Drinking places 722410 PR P2. Eating places PR P3. Takeout eating places 722211 PR P4. Drive-through eating places5. Financial institutions PR5A. Financial institutions with a drive-through6. Professional offices CU PR7. Business offices CU PR8. Business services 561439 CU PR P9. Personal services CU PR

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Category of UsesNAICS # RR RMU SFR RD IR IB U UZ

Overlay10. Repair services not involving motor vehicles 8112 PR PR CU except

when proposed use meets a

below11. Tradesman PR PR PR PR12. Health service facilities13. Veterinary clinic/grooming 541940/8129 PR PR P for

grooming/CU for clinics,except when proposed use meets a

below14. Studio of artisans PR PR PR15. Commercial schools 611519 PR16. Retail stores PR17. Limited retail stores PR PR17a. Limited retail stores not located on a

numbered highwayPR

18. Research and development facilities 541710 PR19. Testing facilities 3345 PR CU, except

when proposed use meets a

below19a. Laboratories PR20. Hotels and motels 7211 PR P21. Inns and bed-and-breakfasts 7211 PR PR PR PR P22. Sale of gasoline accessory to a retail use PR23. Motor vehicle service facilities23a. Motor vehicle repair facilities24. Motor vehicle sales and service

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Category of UsesNAICS # RR RMU SFR RD IR IB U UZ

Overlay24a. Small-scale motor vehicle service, repair, or

sales facilitiesCU PR

24b. Power sport vehicles sales and service PR25. Marinas 713930 PR PR P26. Marine sales and service PR PR PR27. Warehousing and storage 493110 PR27a. Mini storage warehouses PR PR28. Wholesale sales 423110 PR29. Trucking and distribution facilities PR30. Light manufacturing 332431 PR CU, except

when proposed use meets a

below31. Contractors 2361 PR PR31a. Excavating and general contractors 238910 PR32. Commercial parking facilities 238990 PR PR CU for

freestanding businesses not associated with another use or structures

33. Funeral homes 812210 P, except for crematories

34. Unenclosed storage of unregistered cars, junk cars, or junked car parts

CU CU

35. Petroleum product storage36 Medical marijuana production facility P P CU

B. Accessory Uses1. Retail sales of items manufactured on the

premisesP PR

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Category of UsesNAICS # RR RMU SFR RD IR IB U UZ

Overlay2. Cafeterias and food service not open to the

publicPR

3. Outside storage of materials, equipment and products in conjunction with an allowed principal use

P P PR

4. Drive-through services in conjunction with an allowed principal use

5. Outdoor display of retail goods during business hours in conjunction with an allowed retail use

PR

5a. Outdoor display of aboveground swimming pools, sheds, gazebos and fences in conjunction with an allowed principal use

PR

6. Outdoor eating place chairs, tables or umbrellas to serve patrons in an adjacent eating place

PR

7. Antique stores CU CUVII. Accessory Uses

1. Accessory buildings and structures P P P P P2a. Off-street parking accessory to a permitted

useP P P P P

2b. Off-street parking accessory to a use permitted with review or a conditional use

PR PR PR PR PR

3. Signs P P P P P4. Yard sales P P P P P

A Change in use within an existing developed site shall be permitted if it:

expands the existing structure no more than a five-hundred square foot, expands impervious cover no more than five-hundred (500) square feet, expands parking by no more than five (5) spaces, does not appreciably increase traffic to and from the site, screens service vehicles from view from a public right-of-way or adjacent properties, and provides new or expanded planting of street trees along street frontages.

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TABLE 280 ATTACHMENT 1B

Non-Residential Uses NAICS AD IB UrbanAgriculture, Forestry, Fishing and Hunting 11 P 1114, 111998 P 1112, 1114, 1119, 115 All CU, except when

proposed use meets a

below Mining 21Utilities 22 All P but 2211, except

221119 which is PBAll P All CU, except when

proposed use meets a

belowRoof-mounted commercial and utility solar systems are P

Construction 23 P 2362, 2382, 2383 All P All CU, except when proposed use meets a

belowManufacturing 31-33 P 3111-3115, 3117-3119,

312-316 (not including 3161), 321-322 (not including 321114), 323, 325411, 326, 332, 334, 337, 339

P 3111-3115, 3117-3159, 321-3219, 3222, 323, 3254, 3256, 326, 327, 332, 337, 339

All CU, except when proposed use meets a

below

Wholesale Trade 42 All P All PRetail Trade 44-45 P 442-446, 448, 451-454

(not 45431) P 441-446, 448-454 All P

Transportation and Warehousing 48-49 P 481, 484, 485, 4871, 4879, 4881, 4884, 4885, 4899

P 482-493 P 485, 4862, 491-492/CU 484, 4862, 487,493, except when proposed use meets a

belowInformation 51 All P All P All PFinance and Insurance 52 All P All P All PReal Estate and Rental and Leasing 53 All P All P All PProfessional, Scientific, and Technical Services

54 All P All P All P

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Management of Companies and Enterprises

55 All P All P All P

Administrative and Support and Waste Management and Remediation Services

56 All P All P All P (not including 562)

Educational Services 61 All P (not including 6111) All P (not including 6111) All PHealth Care and Social Assistance 62 All P All P All P, except for 62322Arts, Entertainment, and Recreation 71 All P All P All PAccommodation and Food Services 72 All P All P All POther Services (except Administration) 81 All P All P All PPublic Administration 92 All P All P All P, except for 92214 for

long term incarcerationA Change in use within an existing developed site shall be permitted if it:

expands the existing structure no more than a five-hundred square foot, expands impervious cover no more than five-hundred (500) square feet, expands parking by no more than five (5) spaces, does not appreciably increase traffic to and from the site, screens service vehicles from view from a public right-of-way or adjacent properties, and provides new or expanded planting of street trees along street frontages.

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Memo

Number:To: City CouncilFrom: Sherry Lord, AdministrationDate: 2018-10-16 18:00:00

Subject: The City Council of the City of Sanford, Maine hereby proclaims Thursday,November 15, 2018 World Pancreatic Cancer Day.

RECOMMENDATION The City Council of the City of Sanford, Maine hereby proclaims Thursday,November 15, 2018 World Pancreatic Cancer Day.

ATTACHMENTS

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City of Sanford, Maine Office of the City Manager 919 MAIN STREET, SANFORD, MAINE 04073 (207) 324-9173 FAX (207) 324-9124

City Council City ManagerThomas P. Cote, Mayor Steven R. BuckLucas J. Lanigan, Deputy MayorJoseph R. Hanslip Maura A. HerlihyFred W. SmithJohn L. Tuttle, Jr. Robert G. Stackpole

World Pancreatic Cancer Day

Whereas, World Pancreatic Cancer Say is on Thursday, November 15th, 2018, communities around the world unite to raise global awareness of pancreatic cancer. Pancreatic cancer is the third leading cause of cancer deaths in the US and second in the State of Maine. It is still the only cancer in single digit survival; and

Whereas, the five year survival rate has increased since 2014 and is now 9%. Those 3% represents approximately 1600 mothers, daughters, fathers, sons, sisters, brothers, colleagues and friends; and

Whereas, pancreatic cancer has the lowest survival rate among all major cancers. Every day, more than 1,000 people worldwide will be diagnosed with pancreatic cancer, and an estimated 985 will die from the disease; now

Therefore, The City of Sanford, Maine would like to make this declaration on World Pancreatic Cancer day, November 15, 2018 and ask all to wear purple on that day to support those fighting this disease. We need to support those fighting, admire the survivors, honor those taken, and never give up hope.

Thomas P. Cote, Mayor

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Memo

Number:To: City CouncilFrom: Sherry Lord, AirportDate: 2018-10-16 18:00:00

Subject: Ordered, to accept with regret a resignation from the Airport AdvisoryCommittee from Vernon L. Cox.

RECOMMENDATION Ordered, to accept with regret a resignation from the Airport Advisory Committeefrom Vernon L. Cox.

ATTACHMENTS

AAC Resignation VLC 9-21-2018 .docx (1).pdf

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Airport Advisory Committee 

 

September 21, 2018  

Dear dedicated volunteer SFM Airport Advisory Committee members; I have been given an opportunity to work as a Project Engineer for ADB Safegate in Columbus Ohio and will report for work October 8th 2018. This job will take all I have learned as a Master Airfield Electrician to the next level. I will help others achieve their Airfield Vault goals and dreams. Not to mention the added benefit of moving to Ohio and attending the Buckeyes Football games, or a weekend drive (2hrs) to the “Brickyard” to see an Indy Race !!! Unfortunately i will not be able to commute to SFM to attend AAC meetings, so at this time I give notice of my resignation. This was a wonderful experience and I will miss you all.

Vernon L. Cox  Respectfully Submitted Vernon L. Cox, Secretary  

 

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Memo

Number:To: City CouncilFrom: Allison Rogers, AirportDate: 2018-10-16 18:00:00

Subject:Ordered, to accept a bid from Skytec of Windham, ME for the repair of theAirport's Omnidirectional Approach Lights (ODALs) in the amount of$16,992.00.

RECOMMENDATION Ordered, to accept a bid from Skytec of Windham, ME for the repair of the Airport'sOmnidirectional Approach Lights (ODALs) in the amount of $16,992.00.

Background Information:In the course of our airfield inspections we have discovered that a component of ourapproach lighting system, comprised of seven Omnidirectional Approach Lights(ODALs), is in need of repairs and maintenance. The ODALs are very specializedequipment and ours are borderline antique. For this reason there is only one personin our region who is experienced and qualified to work on them, leaving us in a solesource situation. The person is Rick Sullivan, owner and operator of Skytec. He hasbeen working on our ODALs for decades and the last time they were given anoverhaul was 2008. He has come out to the airfield and completed a thoroughinspection with Joe and Rick and provided us the attached report and estimate. Theinspection found that several of the units are close to failure and all of the lensesneed to be replaced. If any of the units fail it will put the Instrument Landing Systemout of order, limiting or preventing operations in inclement weather. For this reasonthere is also a level of exigency to get these units repaired. This repair was notbudgeted for through CIP for this FY, but I do not think the repairs can wait as theunits will likely not make it through winter in their current states. I have received acheck for $13,177.68 from Flemish Master Weavers for the first six months of theland lease on the west side of the airport that was also not budgeted and would liketo deposit that amount to offset this project if approved. I request funding the repairand maintenance of the ODALs through the Capital Reserve account as follows:Capital Reserve current balance: $9,700.12 + Flemish Lease $13,177.68 Total$22,877.80 Less ODAL repair ($16,992.00) Ending Capital Reserve Balance$5,885.80 I feel comfortable with this expenditure since it leaves greater than$5,000.00 in the capital reserve, which is the amount of our insurance deductible.This keeps the Airport covered. As far as the sole source, we are within thepurchasing policy under Section 5 for a Waiver of Competition. Sec. 5 FORMALCOMPETITIVE BIDS IMPRACTICAL: Services for which it is impractical orimpossible to obtain competition because of the specialized and professional natureof these services, shall be purchased in accordance with the procedures set forth

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below. A. “WAIVER OF COMPETITION”: may be authorized by the City Managerwhen the services or items are: 1) A single source item; 2) Must meet compatibilityrequirements with existing equipment owned by the City or by a contracted thirdparty; 3) A specialized service with only one vendor available; or 4) A product orservice is unique and easily established as one of a kind. B. “DOCUMENTATION”:The City Manager will document such waiver in as much detail as possible to showjustification for each waiver. C. “AUTHORIZATION”: After review of criteria and ofdocumentation, the City Manager may authorize a waiver of competition. Thank youfor your consideration of this request.

Legal Review Status:N/A

Administrative or Departmental Review :The project has been reviewed by the Airport Manager, Finance Director, and CityManager.

Financial Impact or Review:11514000.599999 Capital Reserve current balance: $9,700.12 + Flemish Lease$13,177.68 Total $22,877.80 Less ODAL repair ($16,992.00) Ending Capital ReserveBalance $5,885.80

ATTACHMENTS

Sanford Airport 9-19-18 Report and Estimate.docxODAL Photos 10.2018.pdf

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September 19, 2018

M. Allison RogersSanford Seacoast Regional Airport167 Airport Road, Suite DSanford, ME 04073207-266-6636, [email protected]

Allison,

Below is a summary of our inspection of the ODALS and the details of each light:

Summary:

In general, all the power supplies are in good condition with the exception of Light 6B. 6B is in poor condition. The flash heads range from good to bad. There are (3) good and (4) need rebuild. All (7) lenses and flashtubes should be replaced. All of the lenses are either cracked or crazed beyond acceptable limits.

Details:

Light 6B: Poor condition - needs rebuildLight 6A: Master Power Supply in good condition. Flash head needs rebuildLight 5: Power supply in good condition, missing 1 capacitor.

Flashhead needs minor work, new lens and flashtubeLight 4: Power Supply needs capacitors.

Flashhead needs minor work, new lens and flashtubeLight 3: Power Supply in good condition

Flashhead needs minor work; lens and flashtubeLight 2: Power Supply in good condition

Flashhead needs rebuild lens and flashtube. Pole out of plumb, cracked lensLight 1: Power Supply in good condition.

Flashhead needs rebuild, lens and flashtubeHoles in lens

SalesService Parts

Strobe LightingSpecialists

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Sanford AirportPage twoSeptember 26, 2018

Recommended Repairs:

Rebuild Light #6BReplace all LensReplace FlashtubesRebuild (4) of (7) Flash headsMinor repairs to some of the power supplies.

Estimated Materials:

*(7) Beacon Lenses(7) Flashtubes(10) Capacitors, 40 mf(6) Terminal Blocks, 11 Position(7) RC Networks(4) Terminal Blocks, 8 Position(4) Trigger Transformers(1) Parts for 6B(1) Labor and Travel

Total Labor and Travel: $16,992.00

*Does not include Lens cap and extra brackets; old Lens cap and brackets to be used.

Please let me know if you would like to schedule these repairs.

Respectfully submitted.

Rick Sullivan

23 Inland Farm Dr. www.skytecinc.comWindham, ME 04062 [email protected] Fax: 207-893-1717

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Sanford Seacoast Regional Airport ODALS October 2018

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Sanford Seacoast Regional Airport ODALS October 2018

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Memo

Number:To: City CouncilFrom: Sherry Lord, AdministrationDate: 2018-10-16 18:00:00Subject: Ordered, to make appointments to the Board of Assessment Review.

RECOMMENDATION Ordered, to make appointments to the Board of Assessment Review.

ATTACHMENTS

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Memo

Number:To: City CouncilFrom: Sherry Lord, AdministrationDate: 2018-10-16 18:00:00

Subject:Order, to authorize the City Manager to finalize and sign the Paving for PizzaAgreement from Domino’s Pizza in the amount of $5,000 to be used for pavingpotholes in Sanford Streets pursuant to the terms and conditions as set forth.

RECOMMENDATION Order, to authorize the City Manager to finalize and sign the Paving for PizzaAgreement from Domino’s Pizza in the amount of $5,000 to be used for pavingpotholes in Sanford Streets pursuant to the terms and conditions as set forth.

ATTACHMENTS

Paving for Pizza Agreement[3][2][3].docx

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DOMINO’S “PAVING FOR PIZZA” AGREEMENT

As we have discussed, Domino’s would like to engage with [City] to improve road conditions by providing funds to fill potholes in accordance with the terms set forth below. Accordingly, the City and Crispin Porter & Bogusky LLC (“CPB”), as agent for Domino’s Pizza LLC. (“Domino’s”), agree as follows:

Funds: Domino’s will provide to City funds in the amount of $XXXX (the “Funds”), payable [Date]provided that this agreement has been fully executed by City and Domino’s and further provided that City is in compliance with this agreement.

Use of Funds: City agrees to use the Funds solely for the purpose of filling potholes in the City. City agrees that the potholes will be filled no later than [Date]. City will provide CPB with the total number of potholes that will be filled using the Funds.

Materials/Usage: City agrees to film or photograph at least two (2) of the potholes before and after they are filled and provide the film/photographs (collectively, the “Images”) to CPB for Domino’s use. City agrees that Domino’s may use the Images, may identify the City as an “official partner” of the Paving for Pizza Program and may indicate that Domino’s provided the City with Funds to fill potholes in the City, in any and all media and materials, anywhere in the world, for any lawful purpose, including without limitation for purposes of advertising and trade, in perpetuity, in connection with Domino’s “Paving for Pizza” campaign.

Messaging: Domino’s agrees that messaging or other materials that reference the City and potholes and/or the Paving for Pizza Program (collectively, the “Materials”): (a) will not portray the City in a negative light, nor will the Materials suggest that the City has difficulty filling potholes or has an excessive number of potholes; and (b) will comply with brand protection or compliance guidelines provided by the City to CPB. Accordingly, Agency will provide the Materials to the City for its review so that the City may confirm that the Materials comply with this “Messaging” provision. City agrees that the City will respond to any Agency request for review of Materials within five (5) business days of receipt of the applicable Materials. If the City believes that any Materials do not comply with this “Messaging” provision, the City agrees to explain its reasons for this belief in writing and with specificity. If the City does not respond withint five (5) business days of Agency’es request for review, the applicable Materials will be deemed in compliaince with this “Messaging” provision.

Representations and Warranties: The signatory to this agreement for the City represents and warrants that the signatory has the right, power and authority to enter into and bind City to the terms of this agreement.

Use of Domino’s Name and Trademark: City agrees that City shall not use Domino’s name or trademark in any public-facing materials unless City obtains Domino’s written approval in each instance.

Release: City agrees that City shall have no claim to compensation or benefits (other than as specifically set forth herein) nor any claim arising out of or in connection with this agreement, including without limitation, any claim in connection with City’s use of the Funds, the filling of the potholes, or the use of the Images and City’s name.

Contigency: City understands and agrees this agreement has been fully executed by both parties, CPB/Domino’s shall have the right, but not the obligation, to terminate this agreement, and in such

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event the terms of this agreement shall be deemed null and avoid and of no force or effect and neither party shall have any obligation to the other party.

Confidentiality: Unless otherwise required by law or legal process. City will not disclose the terms of this agreement to any third parties other than, on a confidential basis, to its business representatives and legal counsel or as required by law or court order.

ACCEPTED AND AGREED:

[CITY] CRISPIN PORTER & BOGUSKY LLC as agent for Domino’s Pizza LLC.

By: ______________________________ By: _________________________________Authorized Party [NAME]

Title: ____________________________ Title: ________________________________

Date: ____________________________ Date: ________________________________

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