MINUTES SCARBOROUGH TOWN COUNCIL WEDNESDAY – SEPTEMBER 4, 2013 REGULAR MEETING – 7:00 P.M. Item 1. Call to Order. Chairman Ahlquist called the regular meeting of the Scarborough Town Council at 7:00 p.m. Item 2. Pledge of Allegiance. Item 3. Roll Call. Roll was called by Yolande P. Justice, Town Clerk. Thomas J. Hall, Town Manager was also present. Judith L. Roy, Vice-Chair Katherine A. St. Clair Jessica L. Holbrook Edward NMI Blaise, III Richard J. Sullivan, Jr. James E. Benedict Ronald D. Ahlquist, Council Chair The public hearings on Order No.13-61, Order No. 13-62 and Order No. 13-63 would not be conducted due to the legal notices not properly posted as required by Chapter 200 – the Scarborough Town Charter - Section. 213. Public Hearings on Ordinances. The public hearing and second reading would be scheduled for Wednesday, September 18, 2013. Item 4. General Public Comments.
Mark McCollough of US Fish and Wildlife Service spoke on behalf of his Department. He spoke on proposed changes to the Animal Control Ordinance. He noted that all migratory birds are federally protected by the US Fish and Wildlife. LOOK AT MEMO – guidelines in effect since 1994. There has been numerous correspondence between the Department and the Town of Scarborough. The Department felt that voice control does not work. He noted that the Council should consider the length of the leash and recommended that it be changed from 30 feet to 8 feet. He encouraged the Council to pass the changes to be in line with the Departments Guideline. He spoke on the dredging that would be taking place and that Beach Management agreements are in place. He felt that even if ordinance did not passed, the Army Corp would more than likely move forward with their project and if by April 1st there are no changes to the dog ordinance by then – the Army Corp would be in contact with him and they would review the options. In response to a question of Elizabeth Dimauro of 337 Pleasant Hill Road, Mr. McCollough noted that Maine does not have many plovers and with the principle protection act they are protected from take. Sue Foley-Ferguson of 331Black Point asked who had the authority to site the infraction to which Mr. McCollough was not allowed to speak on current litigation. Councilor Roy asked about the time frame that is being recommended to change and the reason for the change to which Mr. McCollough noted that the guidelines is for the whole east coast and that with warmer weather birds are arriving earlier. The Department is working with other communities in changing their ordinance. Laura Zitske of the Audubon Society noted that the report Councilor Roy mentioned was on least turns.
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Katy Foley Lucky Lane stated that she would like that dates as to when the conservation started between the Army Corp and the Town. 6 Morning Street – how does Ferry Beach rank on plover and when ----Mr. McLella since 1981 – but conditions are improving – it has been at least 2 /3 years at western beach Liam Summers of Scarborough asked in the time that plovers have been nesting how many have been injured and was the individual punish to which Mr. McCollough stated that two plovers had been and he was not able to comment on the current litigation. Ann Robinson of Portland asked what data is reliable and if the guidelines were law to which Mr. McCollough stated that the guidelines were not a federal law and the data that is gathered is very important. We work with many partners on gathering data. Kathleen Konkoy of 18 Fowler Farm Road stated that residents could watch for the birds and they have arrived then the Town could close the beach area and leave the rest of the beach alone. Dennis Moran of Westbrook and Vice Co-Chair of the Portland Chapter of the Archangel Sister City would be celebrating its 25th Anniversary on November 18th at the Westbrook Middle School. He handed invitations to the Town Clerk to be given to the Town Council. He then gave a brief history as what the Organization has accomplished and looks forward to another 25 Years with this organization. Suzanne Foley-Ferguson of 331 Black Point Road spoke on the proposed changes and felt that the town was being bullied into making these recommended changes.
Item 5. Minutes. August 21, 2013 – Regular Meeting. Motion by Councilor Holbrook, seconded by Councilor Sullivan, to move approval of the minutes of the August 21, 2013, Town Council meeting. Vote: 7 Yeas. Item 6. Adjustment to the Agenda. None at this time. Item 7. Items to be signed: a. Treasurer’s Warrants. Treasurer’s Warrants were signed during the meeting. Order No. 13-61. 7:00 p.m. Public hearing and schedule a second reading on the proposed amendments to Chapter 604 –the Animal Control Ordinance. Order No. 13-62. 7:00 p.m. Public hearing and schedule a second reading on the proposed amendments to Chapter 610 – the Piping Plover Ordnance. Order No. 13-63. 7:00 p.m. Public hearing and schedule a second reading the proposed amendments to the Chapter 1301, the General assistance Ordinance, pursuant to Title 22, M.R.S.A §4305 (4). OLD BUSINESS: Order No. 13-41. Second reading on the proposed amendments to the Town of Scarborough Official Zoning Map to update the zoning districts that apply to the Scarborough Downs property and adjacent properties in the vicinity of Payne Road. [Tabled from the July 17th Town Council meeting.] Dan Bacon, Town Planner, gave a brief overview on this item, noting that the companion piece to this had been approved at the July 17, 2013, Council meeting.
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In response to a question from Abby Ordway of 11 Burnham Woods Circle, Mr. Bacon responded that the changes included the requirements that the casino or slot machine facility must be approved by the voters of the Town in a municipal referendum and that the Town Council has entered into a revenuesharing agreement with the owner and/or operator of the casino or slot machine facility. Motion by Councilor Roy, seconded by Councilor Sullivan, to move approval of the second reading on the proposed amendments to the Town of Scarborough Official Zoning Map to update the zoning districts that apply to the Scarborough Downs property and adjacent properties in the vicinity of Payne Road, as follows:
Vote: 7 Yeas. 3
Order No. 13-65. Act to approve the appointment of Rachel Hendrickson to the Parks and Conservation Land Board, as recommended by the Appointments Committee. Motion by Councilor Holbrook, seconded by Councilor Benedict, to move approval of the appointment of Rachel Hendrickson to the Parks and Conservation Land Board, as recommended by the Appointments Committee. Vote: 7 Yeas. NEW BUSINESS: Order No. 13-54. First reading and refer to the Planning Board on the proposed amendments to Chapter 405, the Town of Scarborough Zoning Ordinance with regards the TND Overlay District relating to density factors and density bonuses. [Tabled from the June 19th Town Council meeting.]Dan Bacon, Town Planner, gave a brief overview on the proposed amendments to Chapter 405 - the Town of Scarborough Zoning Ordinance with regards the TND Overlay District relating to density factors and density bonuses. Motion by Councilor Holbrook, seconded by Councilor Roy, to move approval to table the first reading and refer to the Planning Board on the proposed amendments to Chapter 405, the Town of Scarborough Zoning Ordinance with regards the TND Overlay District relating to density factors and density bonuses to the September 18, 2013, Town Council meeting. Vote: 7 Yeas. Order No. 13-67. Act to adopt the 2013/2014 School Budget Resolutions, as required by State Statute. Thomas J. Hall, Town Manager, gave a brief over of this Order. Motion by Councilor Blaise, seconded by Councilor Holbrook, to move approval to adopt the 2013/2014 School Budget Resolutions, as required by State Statute: Scarborough School Department 2013-2014 Budget Resolutions (based on State Subsidy Funding enacted by Legislature as part of their biennial budget) ARTICLE I. To see what sum the municipality will appropriate for the total cost of funding public education from kindergarten to grade 12 as described in the Essential Programs and Services Funding Act. Recommend $ 32,215,346 and to see what sum the municipality will raise as the municipality’s contribution to the total cost of funding public education from kindergarten to grade 12 as described in the Essential Programs and Services Funding Act in accordance with the Maine Revised Statutes, Title 20-A, section 15688. Recommend $ 27,956,055 Explanation: The school administrative unit’s contribution to the total cost of funding public education from kindergarten to grade 12 as described in the Essential Programs and Services Funding Act is the amount of money determined by state law to be the minimum amount that a municipality must raise in order to receive the full amount of state dollars. ARTICLE II. To see what sum the municipality will raise and appropriate for the annual payments on debt service previously approved by the municipality for non-state-funded school construction 4
projects, or non-state-funded portions of school construction projects in addition to the funds appropriated as the local share of the school administrative unit’s contribution to the total cost of funding public education from kindergarten to grade 12. Recommend $4,150,113 Explanation: Non-state-funded debt service is the amount of money needed for the annual payments on the municipality/district long-term debt for major capital school construction projects that are not approved for state subsidy. The bonding of this long-term debt was previously approved by the voters. ARTICLE III. To see what sum the municipality will raise and to appropriate that sum in additional local funds for school purposes under Maine Revised Statutes, Title 20-A, 15690. Recommend $2,349,280 Explanation: The additional local funds are those locally raised funds over and above the school administrative unit's local contribution to the total cost of funding public education from kindergarten to grade 12 as described in the Essential Programs and Services Funding Act and local amounts raised for the annual payment on non-state-funded debt service that will help achieve the municipality budget for educational programs. ARTICLE IV. To see what sum the municipality will authorize the School Board to expend for the fiscal year beginning July 1, 2013 and ending June 30, 2014 from the school administrative unit's contribution to the total cost of funding public education from kindergarten to grade 12 as described in the Essential Programs and Services Funding Act, non-state-funded school construction projects, additional local funds for school purposes under the Maine Revised Statutes, Title 20-A, section 15690, unexpended balances, tuition receipts, state subsidy and other receipts for the support of schools. Recommend $39,325,825 Pursuant to Maine Revised Statutes, Title 20-A, section 1485, voters and the Town Council authorize the School Board to expend the above funds in the following State-mandated categories: ARTICLE IV-A. To see what sum the school administrative unit will be authorized to expend for Regular Instruction. Recommend $16,689,301 ARTICLE IV-B. To see what sum the school administrative unit will be authorized to expend for Special Education. Recommend $6,627,916 ARTICLE IV-C. To see what sum the school administrative unit will be authorized to expend for Career and Technical Education. Recommend $292,446 ARTICLE IV-D. To see what sum the school administrative unit will be authorized to expend for Other Instruction. Recommend $882,976 ARTICLE IV-E. To see what sum the school administrative unit will be authorized to expend for Student and Staff Support. Recommend $3,193,238 ARTICLE IV-F. To see what sum the school administrative unit will be authorized to expend for System Administration. Recommend $843,549 ARTICLE IV-G. To see what sum the school administrative unit will be authorized to expend for School Administration. Recommend $1,543,918 5
ARTICLE IV-H. To see what sum the school administrative unit will be authorized to expend for Transportation and Buses. Recommend $1,508,496 ARTICLE IV-I. To see what sum the school administrative unit will be authorized to expend for Facilities Maintenance. Recommend $3,508,872 ARTICLE IV-J. To see what sum the school administrative unit will be authorized to expend for Debt Service and Other Commitments. Recommend $4,150,113 ARTICLE IV-K. To see what sum the school administrative unit will be authorized to expend for All Other Expenditures. Recommend $85,000 ARTICLE V. To see if the municipality will appropriate $148,691 for Adult Education and raise $96,410 as the local share; with authorization to expend any additional, incidental or miscellaneous receipts in the interest and for the well-being of the Adult Education program. Recommend $97,691 (Local) Vote: 7 Yeas. Item 8.
Non Action Items. None at this time.
Item 9.
Standing and Special Committee Reports and Liaison Reports.
Councilor Roy gave an update on the Finance Committee and the dates the would be meeting; GOPCOG; the SEDCO Board meeting noting that their Annual meeting would be on Tuesday, October 8th at the Black Point Inn. She gave updates on the Energy Committee and the Long Range Planning Committee. Councilor Holbrook gave updates on the following: the Housing Alliance Committee would be meeting Thursday, September 5th at 6:30 p.m.; the Historic Preservation Committee would be meeting on Monday, September 10th at 6:30 p.m. and the Conservation Commission conducted a site walk on Monday, August 12th on town properties and the possible uses for the properties. Councilor Sullivan noted that the date of the Ordinance Committee would be announced at the Council meeting. Councilor Benedict noted that the Shellfish Conservation Commission would be meeting Tuesday, September 10, 2013. Chairman Ahlquist noted that the annual meeting for ecomaine would be held on Thursday, September 12th.
Item 10. Town Manager Report. Thomas J. Hall, Town Manager, gave an update on the following:
The open bid process for the dredge project was on September 23 and the bid would be awarded sometime in the middle October, noting that the dredge could be accomplished this year as it is a two to three month process and approximately 115,000 cubic yards of material. Moving quickly to accomplish all construction projects for this year. The Maine Revenue Service sent its report regarding the Town’s Assessment practices. The report found that the Assessor employed sound and acceptable mass appraisal techniques and methodology. Scarborough has been approached by two producers to shoot a portion of their shows here and would be working with Community Services, Karen Martin of SEDCO and the Maine tourism.
Item 11. Council Member Comments.
Councilor Roy sent condolences to the families of Pam Hudson-Fridgen, Madeline Maus, Barbara Williamson and John Burke. 6
Councilor Holbrook – changes are solely for our beaches. Fuller Farm allows dogs to run – there is no leash requirement. Councilor Sullivan has received comments regarding a letter that was in one of the papers and he wanted to make it clear that the public votes on any changes regarding to the gambling. Councilor St. Clair thanked the manager and chair for putting in the extra efforts relating to the dog issue. Councilor Blaise noted that a friend had stated that at Fort Williams dogs could be off leash. Councilor Benedict noted that maybe the town needs to look at having a park needs to be looked at and that no one’s vote is being taking away – the gambling would be put back out to a vote. Some emails received voices concerned with the police and security and the lack of enforcement. People need to take responsibility of their own actions. Chairman Ahlquist noted fair compromise – there is much going on. Alfred Bell passed away – life-long resident. Acknowledge all emails and those who are not signed he did not acknowledge them.
Item 12. Adjournment. Motion by Councilor Blaise, seconded by Councilor St. Clair, to move approval to adjourn the regular meeting of the Scarborough Town Council. Vote: 7 Yeas. Meeting adjourned at 8:27 p.m. Respectfully submitted, Yolande P. Justice Town Clerk
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