AGENDA SCARBOROUGH TOWN COUNCIL WEDNESDAY – NOVEMBER 16, 2011 REGULAR MEETING – 7:00 P.M. NO NEW BUSINESS SHALL BE TAKEN UP AFTER 10:00 P.M. Item 1. Call to Order. Item 2. Pledge of Allegiance. Item 3. Roll Call. Item 4.

*General Public Comments.

Item 5. Minutes: November 2, 2011 – Regular Meeting. Item 6. Adjustment to the Agenda. Item 7. Items to be signed: a. Treasurer’s Warrants.

*Procedure for Addressing Council [Posted in Chambers.] Order No. 11-88, 7:00 p.m. Public hearing and second reading on the proposed amendments to Chapter 415A – the Scarborough Roadway Impact Fee Ordinance – Dunstan. Order No. 11-93, 7:00 p.m. Public hearing and second reading on the proposed new ordinance entitled Chapter 608A – the Town of Scarborough Consumer Fireworks Ordinance. Order No. 11-94, 7:00 p.m. Public hearing and second reading on the proposed amendments to Chapter 608 – the Town of Scarborough Fireworks Ordinance. Resolution 11-09. Recognizing the month of November as National American Indian Heritage Month. OLD BUSINESS: None at this time. NEW BUSINESS: Order No. 11-97. First reading and schedule a public hearing and second reading on the proposed amendments to Chapter 415 – the Town of Scarborough Development Impact Fee Ordinance and adjusting the schedule of fees by striking the fee related to District 4. Order No. 11-98. Act on the request to accept the following streets, pursuant to Title 23, M.R.S.A. §3025 and the requirements of Section 4, of the Scarborough Street Acceptance Ordinance: Jasper Street and Mariners Cove located in Phase 1 of the Blue Point Subdivision.

Order No. 11-99. Act to approve the Resolve to accept donations for the Fuel Assistance Program. Order No. 11-100. Act to certify the results of the November 8th Municipal Election. Item 8. Non Action Items. Item 9. Standing and Special Committee Reports and Liaison Reports. Item 10. Town Manager Report. Item 11. Council Member Comments. Item 12. Adjournment.

AGENDA SCARBOROUGH TOWN COUNCIL WEDNESDAY – NOVEMBER 16, 2011 REGULAR MEETING – 7:00 P.M. Order No. 11-88. Move approval of the second reading on the proposed amendments to Chapter 415A – the Scarborough Roadway Impact Fee Ordinance – Dunstan.

AGENDA SCARBOROUGH TOWN COUNCIL WEDNESDAY – NOVEMBER 16, 2011 REGULAR MEETING – 7:00 P.M. Order No. 11-93. Move approval second reading on the proposed new ordinance entitled Chapter 608A – the Town of Scarborough Consumer Fireworks Ordinance.

AGENDA SCARBOROUGH TOWN COUNCIL WEDNESDAY – NOVEMBER 16, 2011 REGULAR MEETING – 7:00 P.M. Order No. 11-94. Move approval second reading on the proposed amendments to Chapter 608 – the Town of Scarborough Fireworks Ordinance.

AGENDA SCARBOROUGH TOWN COUNCIL WEDNESDAY – NOVEMBER 16, 2011 REGULAR MEETING – 7:00 P.M. Resolution 11-09. Move approval of Resolution 11-09 in recognizing the month of November as National American Indian Heritage Month.

 

RESOLUTION 11-09  

National Society Daughters of the American Revolution

Honoring November as National American Indian Heritage Month WHEREAS, the history and culture of our great nation have been significantly influenced by American Indians and indigenous peoples; and, WHEREAS, the contributions of American Indians have enhanced the freedom, prosperity, and greatness of America today, and, WHEREAS, their customs and traditions are respected and celebrated as part of a rich legacy throughout the United States; and, WHEREAS, Native American Awareness Week began in 1976 and recognition was expanded by Congress and approved by President George Bush in August 1990, designating the month of November as National American Indian Heritage Month; and, WHEREAS, in honor of National American Indian Heritage Month, community celebrations as well as numerous cultural, artistic, educational and historical activities have been planned; NOW, THEREFORE, BE IT RESOLVED, that the Scarborough Town Council, in Town Council assembled, does hereby recognize the month of November as the National American Indian Heritage Month and urge all our citizens to observe this month with appropriate programs, ceremonies and activities. Signed and dated this 19st day of October, 2011, on behalf of the Scarborough Town Council and the Town Manager of Scarborough, Maine.

Signed by:

 

Judith L. Roy Council Chair

Attested by:

Yolande P. Justice Town Clerk

AGENDA SCARBOROUGH TOWN COUNCIL WEDNESDAY – NOVEMBER 16, 2011 REGULAR MEETING – 7:00 P.M. Order No. 11-97. Move approval of the first reading on the proposed amendments to Chapter 415 – the Town of Scarborough Development Impact Fee Ordinance and adjust the schedule of fees [Chapter 311] by striking the fee related to District 4 and schedule a public hearing and second reading for Wednesday, December 7, 2011.

Town of Scarborough, Maine 2 5 9 S

U S

R

O

O U T E

C A R B O R O U G H

,

M

N E

,

A I N E

P O •

B

O X

3 6 0

0 4 0 7 0 - 0 3 6 0

MEMORANDUM To: Town Council and Town Manager From: Dan Bacon, Town Planner Date: November 9, 2011 Re:

Payne Rd Area Impact Fee Amendment

In conjunction with establishing the Haigis / Route One Impact Fee Ordinance and revising the Dunstan Corner Impact Fee to a lesser amount reflective of a more accurate cost estimate, we’ve also conducted a review of the status of our other transportation impact fees. This review as resulted in the determination that one of the five Payne Rd area impact fee districts (or areas where road improvements are to be paid for through impact fees), is complete and now paid for, thereby eliminating the need to charge a fee on new development for this district. Given this, we recommend to the Town Council that an impact fee no longer be required for socalled district 4 in Chapter 410 Scarborough Roadway Impact Fee Ordinance – Payne Rd Capital Improvement Districts. District 4 includes the intersections around Eight Corners (the intersections of Mussey Rd, Route 114, and Spring St).

PHONE: 207.730.4040 • FAX: 207.730.4046 • www.scarborough.me.us

Proposed Amendment to Chapter 410 Town of Scarborough Roadway Impact Fee Ordinance: Payne Road Area Capital Improvement Districts BE IT HEREBY ORDAINED by the Town Council of the Town of Scarborough, Maine, in Town Council assembled, that the Town of Scarborough, Maine does hereby amend the Payne Road Area Capital Improvement District, as shown below with the additions underlined and the deletions struck through: 1. Amend Section Four: Definitions, I. to read (additions are underlined; deletions are struck through):

I. “Payne Road Area” Means the area of Scarborough, including Payne Road and State Route 114 as follows: District 1 - Payne Road, South Portland line to I-295 Bridge District 2 - Payne Road, I-295 Bridge through Route 114 intersection District 3 - Payne Road, South of Route 114 to Holmes Road District 4 - Route 114, between Payne Road and Spring Street Note: District 4 was repealed by the Scarborough Town Council on ___, 2011 because the improvements in this district were accomplished. District 5 - Route 114, between Maine Turnpike and Beech Ridge Road 2. Amend Section Eight: Road Impact Fee Districts to read (additions are underlined; deletions are struck through): Section Eight: Road Impact Fee Districts A. There are hereby established five four (45) road impact fee districts as defined in Section 4(I) of this Ordinance. 3. Amend Section Nine: Road Impact Trust Funds Established to read (additions are underlined; deletions are struck through): Section Nine: Road Impact Fee Trust Funds Established A. There are hereby established five four (45) separate Road Impact Fee Trust Funds, one for each road impact fee district established by Section Eight of this Ordinance. Proposed Amendment to Chapter 311 Town of Scarborough Schedule of License, Permit and Application Fees

1

BE IT HEREBY ORDAINED by the Town Council of the Town of Scarborough, Maine, in Town Council assembled, that the Town of Scarborough, Maine does hereby amend the Payne Road Area Capital Improvement District, as shown below with the additions underlined and the deletions struck through: Chapter 410 - Road Impact Fee Ordinance And Designating Approved Projects The following fees and charges are established for development and the following projects are designated as eligible for funding from the Highway Impact Fee Trust Fund: Fees Peak Hour Trips Cost of Trip A. District 1 N X $149.43 B. District 2 N X $292.42 C. District 3 N X $499.05 D. District 4 N X $96.35 ED. District 5 N X $1,024.52

2

AGENDA SCARBOROUGH TOWN COUNCIL WEDNESDAY – NOVEMBER 16, 2011 REGULAR MEETING – 7:00 P.M. Order No. 11-98. Move approval on the request to accept the following streets, pursuant to Title 23, M.R.S.A. §3025 and the requirements of Section 4, of the Scarborough Street Acceptance Ordinance: Jasper Street and Mariners Cove located in Sea Ridge of Blue Point Subdivision- Phase 1.

AGENDA SCARBOROUGH TOWN COUNCIL WEDNESDAY – NOVEMBER 16, 2011 REGULAR MEETING – 7:00 P.M. Order No. 11-99. Move approval on the Resolve to accept donations for the Fuel Assistance Program, as follows:

TOWN OF SCARBOROUGH IN TOWN COUNCIL ASSEMBLED November 16, 2011

RESOLVE Accepting Donations for the Fuel Assistance Program BE IT HEREBY RESOLVED BY THE TOWN COUNCIL AS FOLLOWS: THAT THE Town of Scarborough gratefully accepts the pledges and donations from the following businesses and/or persons, that have been collected to date, to be used for the Fuel Assistance Program: Richard Roussin Sarah Lathrop Ronald Stone Alton & Patricia Sparks

Erika Pinkham Biddeford Savings Bank Piper Shores

AND, be it further Resolved that each business, organization and/or person be recognized for their generous donations as a token of the Town’s appreciation.

Sponsor: Town Council Originator: Town Council

AGENDA SCARBOROUGH TOWN COUNCIL WEDNESDAY – NOVEMBER 16, 2011 REGULAR MEETING – 7:00 P.M. Order No. 11-100. Move approval to certify the results of the November 8th Municipal Election, as follows: SCARBOROUGH ELECTION RESULTS FOR TUESDAY – NOVEMBER 8, 2011 MUNICIPAL RESULTS TOWN COUNCIL – Vote for Three ANNDRIULLI, Paul BENEDICT, James E. D’ANDREA, Karen A. SULLIVAN, Richard J. Jr.

3,695 3,774* 4,757* 4,472*

SPECIAL TOWN COUNCIL – Vote for One AHLQUIST, Ronald D. CORTHELL, Kerry L.

3, 534* 2,850

SCHOOL BOARD MEMBERS – Vote for Two MASSENGILL, Christine A. 5,305* MURPHY, Kelly Noonan 5,658*

SANITARY DISTRICT – Vote for Three ANDRESON, Charles J. GREENELAF, Jason A. McSORLEY, Robert A.

5,327* 5,510* 5,102*

QUESTION 1 – New Wentworth Intermediate School YES NO

4,792* 2,784

*Scarborough had 7,712 voters who cast ballots. This represent 55% of our active registered voters.