MEETING ITEM COMMENTARY Packet.pdf2020/07/20 · X. NEW BUSINESS A. Unaccepted Portion of Berry Road Discussion P6 B. Zoning Ordinance Revision Project: Completion Timeline P 51 C

Mayor William P. Doyle Councilor Lynn H. Copeland Councilor Marshall Archer Councilor Alan R. Minthorn Councilor Jim Purdy Councilor Jodi L. MacPhail Councilor Joseph Gunn Councilor Nathan D. Johnston

SacoMaine.org | 300 Main Street, Saco, Maine 04072 | (207) 282-4191

SACO CITY COUNCIL MEETING MONDAY, JULY 20, 2020 – 6:30PM

ONLINE MEETING VIA ZOOM (sacomaine.org/watchmeetings)

I. CALL TO ORDERII. RECOGNITION OF MEMBERS PRESENTIII. PLEDGE OF ALLEGIANCEIV. GENERALV. COMMITTEE CORRESPONDENCE TO COUNCILVI. PUBLIC COMMENTVII. APPROVAL OF MINUTES: N/AVIII. CONSENT ITEMS

A. Appointment to Coastal Waters Commission – Leonard Hurrell P2 IX. ACTION ITEMS

A. Adoption of Intercultural Competency and Awareness Resolution P3B. Intercultural Competency and Awareness Committee Formation P5

X. NEW BUSINESSA. Unaccepted Portion of Berry Road Discussion P6 B. Zoning Ordinance Revision Project: Completion Timeline P51 C. Discussion of Beach Safety and Protocols P54

XI. ADMINISTRATIVE UPDATEXII. COUNCIL DISCUSSION AND COMMENTXIII. EXECUTIVE SESSION: N/AXIV. REPORT FROM EXECUTIVE SESSIONXV. ADJOURNMENT

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https://www.sacomaine.org/departments/communications/watch_meetings.php

MEETING ITEM COMMENTARY

AGENDA ITEM: Confirm the Mayor’s Appointment to the Coastal Waters Commission – Leonard Hurrell

STAFF RESOURCE: Bryan Kaenrath, City Administrator

COUNCIL RESOURCE: Councilor Lynn Copeland

BACKGROUND: The Coastal Waters Commission shall be composed of seven members, to be appointed by the Mayor for a three-year term and approved by the City Council. Each Commission member shall be a resident of the city, shall be persons qualified to perform the duties of such office, and shall serve without compensation.

The Mayor is recommending the appointment of Leonard Hurrell to serve on the Coastal Waters Commission for a three-year term.

EXHIBITS: N/A

RECOMMENDATION: Staff recommends approval

SUGGESTED MOTION: “Be it Ordered that the City Council confirm the Mayor’s appointment of Leonard Hurrell as a full member of the Saco Coastal Waters Commission, effective August 22, 2020 for a three-year term ending on August 22, 2023.”

“I move to approve the Order”.

CONSENT AGENDA ITEM: A July 20, 2020

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AGENDA ITEM: Affirming a Safe, Welcoming, and Diverse Community Resolution

COUNCIL RESOURCE: Councilor Lynn Copeland

STAFF RESOURCE: City Administrator Bryan Kaenrath

BACKGROUND: An excerpt from Mayor Doyle’s statement during the July 13th Council meeting: “Considering the recent events across our country involving bias, racism, and hatred, we must take measures to denounce such actions while educating ourselves to facilitate a better future for all of our community members. As a community and nation, individuals of different ethnicities, sexual orientations, and religious ideologies will forge our path forward. We must have the philosophy of inclusion when discussing the way ahead on any subject matter, especially the eradication of racism.

RECOMMENDATION: Staff recommends approving the resolution.

SUGGESTED MOTION: “Be it Resolved that the Saco City Council supports the Affirming a Safe, Welcoming, and Diverse Community resolution below.”

WHEREAS, equality, inclusion, and safety for all persons is a core value in the City of Saco; and

WHEREAS, a safe community requires open communication, diverse perspectives, and foundation built on trust; and

WHEREAS, we know that communities succeed and achieve their best potential when all persons are welcome; and

WHEREAS, we celebrate our community’s diversity, and welcome all who live, work, or visit here regardless of their national origin, color, religion, sexual orientation or gender identity, race, age, disability, or financial or socioeconomic status.

NOW, THEREFORE, I, William Doyle, Mayor of Saco, on behalf of the City Council here by resolve:

All residents, visitors, and guests, are entitled to be treated with compassion, respect, and dignity; and

Any individual exhibiting discriminatory behavior, overt or subtle, will not be tolerated by the City of Saco, its employees, or officials in any form; and

ACTION ITEM: A July 20, 2020

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The City of Saco encourages employees, board and committee members, and elected officials to identify their implicit and explicit bias to ensure the ideals of fairness and equality are upheld; and We commit to building an environment and a community, in which everyone is valued, respected, and welcomed. We encourage the citizens of Saco to likewise affirm these values of inclusion.

“I move to approve the resolution.”

ACTION ITEM: A July 20, 2020

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AGENDA ITEM: Authorize the Creation of an Intercultural Competency and Awareness Ad Hoc Committee

STAFF RESOURCE: Bryan Kaenrath, City Administrator

COUNCIL RESOURCE: Councilor Marshall Archer

BACKGROUND: The purpose of this ad hoc committee is to bring together members of the community, Councilors and staff to address inequality and bias issues in our community.

The Intercultural Competency and Awareness Committee shall be composed of up to 21 members, to be appointed by the Mayor and approved by the City Council. Each Commission member shall be a resident of the city, or a City staff member, shall be persons qualified to perform the duties of such office, and shall serve without compensation.

The committee, appointed by the Mayor, may consist of:

• 10 Residents (1 from each ward & 3 at large for three-yearterms)

• 5 Current City Committee Members (1 from each: HistoricalPreservation Commission, Age Friendly, Planning Board,Conservation Commission and School Board

• 5 Staff

• 1 Council Liaison – Councilor Marshall Archer

RECOMMENDATION: Staff recommends creation of the committee and to allow the Mayor to appoint members as necessary.

SUGGESTED MOTION: “Be it Ordered that the City Council authorize the creation of a Intercultural Competency and Awareness Ad Hoc Committee and allow the Mayor to confirm appointment to the Committee as necessary.” “I move to approve the order.”

ACTION ITEM: B July 20, 2020

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Code Enforcement Dept. & Planning and Economic Dev. Dept. Saco City Hall 300 Main Street Saco, Maine 04072-1538

Richard Lambert, CBO Code Enforcement Director

[email protected]

Emily Cole-Prescott, AICP City Planner

[email protected]

To: City Council Bryan Kaenrath, City Administrator

From: Richard Lambert, Code Enforcement Director Emily Cole-Prescott, City Planner

Cc: Denise Clavette, Planning & Economic Development Director

Re: Unaccepted Portion of Berry Road

Date: July 6, 2020 (July 13, 2020 City Council Meeting)

According to City records, the unaccepted portion of Berry Road extends approximately 1,250+/- linear feet beyond the publicly accepted portion. In 2005, approximately twenty-one residents of the non-accepted portion of Berry Road signed a Memorandum of Understanding (MOU) with the City of Saco to join together to improve the unaccepted portion of Berry Road, to pay for said costs, to provide required right-of-way (ROW) to the City, and when the work had been completed, to offer that section to the City as a city street.1 It is our understanding that at that time Eric Picard took the lead on working with the neighbors to have the MOU signed and on making some improvements to the road. However, the required right-of-way was never provided to the city, and therefore the road does not meet the standard for acceptance. Additionally, the 2005 MOU had not been filed at the Registry so, per the City Attorney’s 2016 opinion, causes some enforceability concerns about the existing 2005 agreement.

In 2016, this item was again brought before Council in several workshops; see links below. Our understanding from discussions with other Staff members was that the Council did not want the city to accept costs to improve the road but was generally agreeable to City Staff’s coordinating meetings among Berry Road property owners, to attempt to help the owners come to an agreement. The updated cost estimate for road improvements at that time was estimated by the Public Works Department to be $110,985. Joe Laverriere, City Engineer, has indicated that to accurately reflect today’s construction costs, the estimate is now $150,000.

Concerns about Existing Road relative to standards: As former City Administrator Kevin Sutherland noted to Council in his 2016 memo,2 Subdivision Regulations limit length of dead-ends to 1,000 feet, and Section 230-724 (private road standards) of the Saco Zoning Ordinance limit dead-ends to 1,500 feet. Berry Road is already 4,000 ft.+ long.

In 2017, former City Planner Bob Hamblen wrote a letter to several property owners with proposed updated agreement that would provide the opportunity for 880’+/- to be considered a private road,

1 See August 1, 2016 Council Packet, link below, page 6. 2 See August 1, 2016 Council Packet, link below, page 18.

NEW BUSINESS ITEM: A July 20, 2020

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mailto:[email protected]


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where only one new building permit could be issued. To the best of our knowledge, this agreement was not executed.

Linda Valentino, a property owner on Berry Road, met with Code and Planning at the end of February 2020 to discuss this matter, and to ask about how she can develop her land on Berry Road. The Code Enforcement Department also received a request from another property owner. Currently, the Code Enforcement Department cannot issue building permits for land that fronts the unaccepted portion of Berry Road because the land does not meet frontage requirements.3

Linda followed up with a letter to Staff about these questions. Staff has addressed most of her questions, but the fourth should be addressed from a broader city-wide perspective: “If the residents all get together to pay to upgrade the abandoned portion to City standards will the City agree to accept it as a City road?” Kevin Sutherland’s September 2016 memo also outlined several options to move forward.4

This question may not be able to be answered without the normal street acceptance review process; however, the 2005 MOU indicated that the Council had “expressed a willingness to accept all of Berry Road as a municipal street provided certain conditions are met.”

The question now is whether this item should be re-reviewed with the City Council, and to ask how the Council would like Staff to proceed with this matter.

For reference: 1. Letter from Linda Valentino2. 2017 Correspondence from former City Planner Bob Hamblen to residents, draft agreement

and map of Berry Road3. Link to 2016 Council materials of Berry Road:

a. November 14, 2016 Council Packet (page 19)b. September 12, 2016 Council Packet (page 68)c. August 1, 2016 Council Packet (page 2)d. July 18, 2016 Council Packet on status of unaccepted portion of Berry Road (page

37)

3 See September 12, 2016 Council Packet, link above, page 68. 4 Refer to page 68.


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https://www.sacomaine.org/Council%20Packet%209.12.16.pdf



https://www.sacomaine.org/Agenda%20Council/2016/August/Packet/Packet%20Complete.pdf

https://www.sacomaine.org/7.18.16.pdf


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Additional Information provided by

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AGENDA ITEM: Zoning, Site Plan, and Subdivision Ordinances Revisions – Project Completion Timeline

COUNCIL RESOURCE: Councilor Nathan Johnston, Liaison to the Zoning Ordinance Revision (ZOR) Steering Committee & Planning Board

STAFF RESOURCE: Emily Cole-Prescott, AICP, City Planner

BACKGROUND: On February 20, 2018, the City Council voted to adopt the 2018 update of Saco’s Comprehensive Plan, which was a result of two years of review and discussion by an ad-hoc committee and staff. On October 15, 2018, the City Council established the Zoning Ordinance Revision Steering Committee to work with selected consultants TZM Planning and EF Design & Planning LLC (who were chosen as a result of a competitive RFP process). This work included a survey initiative with over 1,000 respondents and a well-attended charette, as well as multiple meetings about the direction for the Zoning, Site Plan and Subdivision Ordinances. The consultants and ZOR Steering Committee produced Drafts One, Two, and Three of the ordinances, which were under review through October 2019.

In October 2019, the Planning Board and Historic Preservation Commission hosted meetings and public hearings to review and forward reports on the proposed draft three ordinances to City Council. On November 4, 2019, the City Council held its public hearing, and referred the Zoning, Site Plan, Subdivision Ordinances, and Zoning Map to the Planning Board for further review. At this meeting, the City Council also accepted the Planning Board and Historic Preservation Reports on the proposed Historic Preservation section of the Draft Three ordinances and approved the second and final reading of the Historic Preservation Ordinance on November 18, 2019.

Since December 2019, the project has been staff-led, and the ZOR Steering Committee and Planning Board have met in workshops to review remaining items of the draft ordinances. The time, energy and effort that the Committee and Board members have dedicated to extra workshop time should be commended. The Planning Board and ZOR Steering Committee have reviewed this proposed completion timeline at the June 30th and July 14th workshops, and have provided consensus to move forward with the anticipated schedule.

EXHIBITS: 1. ZOR Project Completion Timeline (revised as of 07/14/2020)

NEW BUSINESS ITEM: B July 20, 2020

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https://www.sacomaine.org/2-20-18%20Meeting%20Agenda%20and%20Packet.pdf

https://www.sacomaine.org/Comp%20Plan/City%20of%20Saco%202018%20Comp%20Plan%20Downtown%20Update%20FINAL%204.9.18.pdf

https://www.sacomaine.org/Comp%20Plan/City%20of%20Saco%202018%20Comp%20Plan%20Downtown%20Update%20FINAL%204.9.18.pdf


https://www.sacomaine.org/11.4.19%20Packet.pdf

https://www.sacomaine.org/11-18-19%20Packet.pdf

https://www.sacomaine.org/11-18-19%20Packet.pdf

RECOMMENDATION: Staff, the ZOR Steering Committee, and the Planning Board support this project completion timeline and recommend the City Council support this schedule.

SUGGESTED MOTION: “I move to support this proposed completion timeline, noting that it may be subject to revision as the project moves toward completion.”


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Zoning Ordinance Revision Completion Timeline*

Date Action Item

Tuesday, August 4th First Publication Date (includes map) of Planning Board public hearing Post notice of Planning Board public hearing

Tuesday, August 11th Second Publication Date (includes map) of Planning Board public hearing

Tuesday, August 18th Planning Board Public Hearing

Tuesday, September 1st Planning Board Meeting – back-up date for continued hearing & first review of draft report

Tuesday, September 15th Planning Board adopts report and recommends to City Council

Monday, September 28th City Council receives Planning Board report, completes first reading, and schedules public hearing

Wednesday, September 30th

Information sent to Minutemen Press for mailing

Wednesday, October 7th Letters and map mailed from Minutemen Press

Wednesday, October 7th Notice posted at City Clerk’s Office

Wednesday, October 7th First notice published in the newspaper (includes map) of City Council hearing

Friday, October 16th Second notice published in the newspaper (includes map) of City Council hearing

Monday, October 26th City Council Public Hearing (The City Council prepares and files with the City Clerk at the beginning of the hearing a written certificate indicating those persons to whom the notice was mailed and at what addresses, when it was mailed, by whom it was mailed and from what location it was mailed).

Monday, November 9th City Council Second Reading/Final Vote

Monday, November 16th City Council back-up date for final vote

*This schedule is subject to change with final review of draft ordinances by Planning Board and City Council.


Ehxibit Item: 1

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Mayor William Doyle Saco City Hall 300 Main Street Saco, Maine 04072-1538 Phone: (207) 282-4191 Cell: (207) 590-8931

[email protected] facebook.com/sacomaine

Twitter.com/sacomaine Instagram.com/saco.maine

MEMORANDUM

TO: City Council FROM: Mayor Doyle DATE: July 20, 2020 RE: Beach Safety and Protocols

Councilors,

Considering the recent incident involving piping plovers, a discussion and update on how Saco is keeping

this protected bird safe is critical.

It has also been noted that beachgoers may not be practicing social distancing or wearing masks when in

high traffic areas like parking lots and walkways. The discussion should include best practices and rules

at the beach, as well as enforcement options.

NEW BUSINESS ITEM: C July 20, 2020

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Documents

MEETING ITEM COMMENTARY Packet.pdf2020/07/20 · X. NEW BUSINESS A. Unaccepted Portion of Berry Road Discussion P6 B. Zoning Ordinance Revision Project: Completion Timeline P 51 C