MINUTES SCARBOROUGH TOWN COUNCIL WEDNESDAY – JUNE 19, 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 Item 4. General Public Comments.
Carol Rancourt of 23 Black Point Road thanked the Council for appointing her to the Historic Preservation Committee and looks forward to working with on this committee. She also supported the Cross Roads Plan that is before the Town Council. Penny Whitney-Asdourian of 6 Friendship Lane spoke on the proposed amendments to the Personnel Ordinance and voiced her concerns regarding the appeals process and who would be eligible to use this process. She asked the Council to adopt the proposed amendments as recommended by the Personnel Appeals Board – which did not include the changes to Section 308 of the Ordinance. Sue Foley-Ferguson of 331 Black Point Road spoke against any proposed gambling and announced a new slogan that a grassroots organization has started “Don’t gamble with Scarborough”.
Item 5. Minutes. June 5, 2013 – Regular Meeting. Motion by Councilor Sullivan, seconded by Councilor St. Clair, to move approval of the minutes of the June 5, 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. 13-41, 7:00 p.m. Public Hearing and schedule a 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. Prior to opening the public hearing Dan Bacon, Town Planner gave a brief overview on the proposed recommendations in this Order as well as recommendations on Order No. 13-42. Chairman Ahlquist opened the public hearing. The following individuals spoke on this item: Alberta Follensbee of 33 Arbor View Lane was encouraged to hear that the racino issue was not part of this proposal – it has been voted down twice already and would not want to see this come to Scarborough. 1
Suzanne Foley-Ferguson of Black Point Road thanked the Manager and the Committee for their work on this; she was happy to see the affordable housing piece. The one concern is the telecommunication issue and asked the Council to please look at this piece carefully. She voiced her disappointment that the Long Range Committee was supporting language for a possible referendum going out to the voters on a possible racino. Councilor Roy read the following email into the record: “Sharon Terry, owner of Scarborough Downs and the majority of the land being considered in the zone changes now being proposed, thanks the Long Range Planning Committee, The Planning Board, and the Town Council for their hard work and inclusion in the ongoing land use discussions. As has been indicated on several occasions, she is in favor of the changes. Ms. Terry also understands the Town’s position to remain neutral on the issue of a gaming facility, and greatly appreciates the ability for Scarborough Downs to add a gaming facility, only after a successful Town wide referendum vote, of course, without the requirement of additional zone changes. Thanks Andrew Ingalls, Senior Broker – The Boulos Company”
There being no further comments, the hearing was closed at 7:20 p.m. The second reading will be at the next regular Town Council meeting scheduled for Wednesday, July 17, 2013. Order No. 13-42, 7:00 p.m. Public Hearing and schedule a second reading on the proposed amendments to Chapter 405, the Town of Scarborough Zoning Ordinance, to establish a new zoning district specific to the Scarborough Downs property titled the Crossroads Planned Development District. Chairman Ahlquist opened the public hearing. There being no comments, the hearing was closed at 7:21 p.m. The second reading will be at the next regular Town Council meeting scheduled for Wednesday, July 17, 2013. OLD BUSINESS: Order No. 13-51. Act on the names posted to the various committees/boards, as recommended by the Appointments Committee on June 5, 2013. Motion by Councilor Holbrook, seconded by Councilor Roy, to move approval of the names posted to the various committees/boards, as recommended by the Appointments Committee on June 5, 2013, as follows: Move David Bouffard from 1st Alternate to full voting member with a term to expire in 2014 and move John Dupont from 2nd Alternate to 1st Alternate with a term to expire in 2015. David Kirstein as 1st Alternate to the Energy Committee with a term to expire in 2015 Carol Rancourt to serve as a full voting member on the Ad Hoc Historic Committee. Vote: 7 Yeas.
NEW BUSINESS: Order No. 13-52. First reading and refer to the Planning Board the proposed amendments to Chapter 405, the Town of Scarborough Zoning Ordinance with regards to reformatting the Sign Regulations. Dan Bacon, Town Planner, gave a brief overview on the proposed amendments to Chapter 405, the Town of Scarborough Zoning Ordinance with regards to reformatting the Sign Regulations. Motion by Councilor Holbrook, seconded by Councilor Blaise, to move approval of the first reading and refer to the Planning Board the proposed amendments to Chapter 405, the Town of Scarborough 2
Zoning Ordinance with regards to reformatting the Sign Regulations and schedule the public hearing following the filing of the Planning Board’s recommendation, as follows:
Proposed Amendments to the Zoning Ordinance to Amend the Sign Regulations: BE IT HEREBY ORDAINED by the Town Council of the Town of Scarborough, Maine, in Town Council assembled, that the following amendments to the Zoning Ordinance of the Town of Scarborough, Maine, be and hereby are adopted: Amend Section XII. SIGN REGULATIONS as follows (additions are underlined; deletions are struck through): SECTION XII. SIGN REGULATIONS. [Amended 10/20/2004; Amended 08/20/08; Amended 08/19/09] A. SIGNS – GENERAL PROVISIONSPURPOSE AND PERMITTING
1. Purpose. The purpose of regulating signs is to promote and protect the public health, welfare and safety by regulating existing and proposed outdoor exterior advertising, outdoor advertising signs, and outdoor signs of all typessignage; to allow for attractive, legible signs to serve the needs of individual businesses, properties, and general destinations within the community; to protect property values, enhance and protect the physical appearance of the community, preserve the its scenic and natural beauty and provide a more enjoyable and pleasing community; to reduce sign or advertising distractions and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs overhanging or projecting over public right of way, provide more open space and curb the deterioration of natural beauty and community environment.
2. Sign Permits. After the effective date of this Ordinance and except as otherwise herein provided, no person shall erect, make structural alterations to or move any signs without first applying for and obtaining from the Building InspectorCode Enforcement Officer a sign permit. Applications shall be on forms prescribed and provided by the Building InspectorCode Enforcement Officer setting forth such information as may be required by the Building InspectorCode Enforcement Officer for a complete understanding of the proposed work and shall be accompanied by the required fee as specified in the Schedule of License, Permit and Application Fees established by order of the Town Council. For Temporary Grand Opening Signs under Section XII(B)(4) and Temporary Going Out of Business Signs uUnder Section XII(B)(5)subsection J. the fee will include a refundable deposit to be forfeited to the Town if the applicant fails to remove the sign or banner upon expiration of the permit. Except as otherwise provided in Section XII(B)subsection J., temporary signs must conform to all provisions of this Ordinance, but shall not be counted in calculating the maximum number of signs allowed on a lot or the maximum gross display area allowed on a wall. Permits are not required for: [Amended 04/6/94] [09/06/95] [05/01/96][12/06/02] Temporary signs giving notice under Section XII(BJ).(1I) Temporary real estate signs under Section XII(B)(2)( J.)(2.) 3
Temporary development or construction site signs under Section XII(BJ.3.)(3) Off-premises farm stand signs under Section XII(BJ.)(5). Bulletin boards and similar signs under Section XII(CB.)(B.2). Directional signs under Section XII(CB.)(912) Doorway signs under Section XII(C)(10) B.13. Banners under Section XII(C)(19B)(21))
3. Application for Sign Permits. Permits for permanent signs shall only: be granted to the owner(s) or the agent of the building or the property upon which the sign(s) will be installed. See B.4.dSection XII(J) for application requirements for temporary signs.
4. Maintenance and Conformance of Signs. 5. General Safety Standards for Signs. 64. Exceptions. For the purpose of this Ordinance, the term "sign" does not include banners attached to or printed on and signs located under the cover of a tent or tarp allowed under Section IX(F); signs erected and maintained for public safety and welfare or pursuant to and in discharge of any governmental function, or required by law, ordinance or governmental regulations; "name signs" not exceeding one (1) square foot in area identifying occupants of the premises where such sign is located; or the Town of Scarborough public banner, controlled by the Town of Scarborough and placed from time-to-time across Gorham Road (Route 114) near the Scarborough High School driveway to provide public notice of events or functions authorized by the Town and occurring at municipal facilities or of events or functions conducted by churches or civic organizations, limited to one event or function per church or organization per year. (10/21/92) (4/6/94) (5/01/96)
7. Motor Vehicle Signs. 8. Decoration and Ornamentation. 9. Definitions Specific to Sign Regulation. B. TEMPORARY SIGNS CB. REGULATIONS APPLICABLE TO SIGNS IN ALL DISTRICTSGENERAL SIGN STANDARDS The following provisions relating to signs are applicable in all districts. 1. 1. Maintenance and Conformance of Signs. No sign shall be erected, maintained, used or altered except in conformity with the provisions herein. The sign must be kept clean, neatly painted and free from all hazards, such as, but not limited to, faulty wiring and loose fastenings. The sign must be maintained at all times in safe condition so as not to be detrimental to the public health or safety or detrimental to physical appearance or scenic or 4
natural beauty of the community, or constitute a distraction or obstruction that may contribute to traffic accidents. (4/6/94) 1.2.
General Safety Standards for Signs. No sign, whether new or existing shall be permitted in a location that causes a sight, traffic, health or welfare hazard, or results in a nuisance due to illumination, placement, display, or manner of construction.
1.3.
Signs identifying the name, address and profession of a permitted home occupation or a lawfully existing nonconforming home occupation are allowed provided such sign does not exceed six (6) square feet in area and is non-illuminated.
24. A bulletin board, reader board or similar sign in connection with any church, museum, library, school or similar public structure is allowed. [4/6/94] 35. Except as provided in Section XII(BJ.) concerning certain temporary signs and Section XII.(I.) off-premise official business directional signs, no sign shall project over or be located within a public right of way. [4/6/94] 46. Animated signs, Aanimated displays or flashing signs are prohibited, with the exception of time and temperature signs as allowed under Section XII.(C.) below. No sign or part of a sign shall consist of a balloon or other inflatable component. [4/6/94] 7. Internally-lit signs shall have an opaque or dark background to minimize glare and lighting impacts. 8. A string of lights shall not be used for the purpose of advertising or attracting attention unless as an integral part of a permitted sign. This paragraph does not prohibit temporary decoration of buildings or structures during holiday seasons when such decoration is customary. [4/6/94] 9. Motor Vehicle Signs. Signs on motor vehicles are not subject to the regulations of this Section XII unless they have the effect of circumventing restrictions or limitations imposed by this Section. A sign on a motor vehicle will be presumed to have the effect of circumventing the restrictions or limitations of this Section XII if the motor vehicle is parked or stored in a location visible from a public way and one or more of the following circumstances exists: a. the motor vehicle is unregistered; b. the motor vehicle is uninspected; c. the sign is larger in any dimension than or extends beyond any surface of the motor vehicle to which it is attached; d. the motor vehicle is parked or stored continuously in the same location; e. the motor vehicle is parked or stored in an area not designed, designated or commonly used for parking; f. the motor vehicle is regularly parked or stored in a front yard, as defined in this ordinance, or in the public right of way adjacent to the front yard when there is parking available in a side or rear yard; or
5
g. the motor vehicle is regularly parked or stored in a location where a sign would not be permitted under this ordinance. The presumption that a motor vehicle has the effect of circumventing this Section XII may be rebutted by evidence that the motor vehicle is parked or stored in a particular location for reasonable business or personal purposes not related to advertising, identifying, displaying, directing, or attracting attention to an object, person, institution, organization, business, product, service, event or location. 10. Decoration and Ornamentation. Decoration or ornamentation of buildings, structures or other features of a site, including wall murals, are not subject to the regulations of this Section XII unless they have the effect of circumventing the restrictions or limitations imposed by this Section. Decoration or ornamentation will be presumed to have the effect of circumventing the restrictions or limitations of this Section XII if one or more of the following circumstances exists: a. The decoration or ornamentation depicts any product or service offered to customers of a business located on the property (for example, painting an ice cream cone on the wall of an ice cream stand); b. The decoration or ornamentation depicts some component or aspect of the name of a business located on the property, (for example, displaying a statue of a dolphin on a restaurant named "The Dolphin"); or c. The decoration or ornamentation imitates or replicates any logo or symbol used to advertise or identify a business located on the property. The presumption that any decoration or ornamentation has the effect of circumventing this Section XII may be rebutted by evidence that the decoration or ornamentation exists for some reasonable business or personal purpose not related to advertising, identifying or attracting attention to the products or services offered on the premises. Nothing in this paragraph prevents temporary decoration of buildings or structures or temporary displays on a site during holiday seasons when such decoration and display are customary. 811. Any sign which no longer advertises a bonafide business conducted, product sold, activity or campaign being conducted, or public notice, shall be taken down and removed by the owner, agent or person having the beneficial use of the building or premises upon which such sign may be found within ten (10) days after written or personal notification from the Code Enforcement Officer, except in the case of temporary signs which shall be removed in accordance with Section XII(B).Section XII.(J). [4/6/94] 912. Directional signs having a display area that does not exceed three (3) square feet, and does not extend higher than seven (7) feet above ground level, are permitted with permission of the Code Enforcement Officer. 130. Identification signs indicating the location of, or direction to a separate function performed within one portion of that building may be erected over or by the doorway or entrance to such portion of the building. The sign area shall not exceed ten percent (10%) of the area of such doorway or entrance to such portion of the building. 11No sign shall be erected in a flood plain. 6
142. A sign with a double signboard or display area shall be construed to be one sign for the purpose of this ordinance. 1315. Roof signs are not allowed. 1416. Minimum lot line setbacks for all signs shall be fifteen (15) feet unless otherwise specified in Section XII.G(F). 1517. Identification signs identifying the name of a church, residential subdivision, condominium, apartment, multi-family housing project, residential neighborhood, or a commercial subdivision which has a place name different from the names of any of the businesses within the subdivision, may be permitted if approved by the Planning Board. Such signs may be illuminated by shielded lights and located as approved by the Planning Board, and shall be maintained by an approved owner or association. The Planning Board may waive setback requirements for an identification sign when the Board finds that locating the sign in compliance with setback requirements would be impractical or ineffective. Signs allowed under this paragraph shall not be counted in calculating the maximum number of signs allowable on a lot or in applying requirements for separation between signs. [05/01/96] 1618. Graphics and pictorial artwork are allowed on signs and shall be considered a part of the gross display area for the purpose of determining the size of a sign. [4/6/94] 1719. An awning which includes words, letters, figures, designs, symbols, graphics or pictorial art shall not be counted toward calculating the maximum number of signs allowed on a property, but shall constitute a wall sign for all other purposes, including the calculation of total gross display area on a lot. [4/6/94] 1820. Any premises which utilizes an identification or advertising sign must display its street numbers on at least one of the permanent signs permitted under this Section XII in a location visible from the nearest street. Numbers shall be placed on the sign face or on a panel parallel to the sign face and shall be as nearly perpendicular to the sideline of the street as possible. If it is not physically feasible to place the street numbers on the sign face, the numbers may be placed on the end of the sign parallel to the sideline of the street as long as they are of contrasting color and easily visible from the roadway. The characters of the street number shall be at least 11 inches high. The street number shall not be counted as part of the gross display area of the sign unless characters larger than 11 inches high are used for the street number and/or the street name, in which case the area which exceeds that which would be covered using 11 inch characters shall be counted as part of the gross display area. The street number must be displayed on all permanent signs erected, repaired, altered (including change in message) or replaced after April 7, 1994 unless another permanent sign on the same premises already displays the street address in compliance with this paragraph. [4/6/94] [4/5/95] [05/01/96] 1921. A banner, limited to a maximum of twenty five (25) characters (numbers and letters), the dimensions of which do not exceed twenty-four square feet may be displayed by any retail business or service establishment, personal service establishment, restaurant establishment, business service and business office establishment, financial, insurance, or real estate establishment, health club, hotel or motel, or a fully enclosed place of assembly, amusement, culture and government (except home occupations) during the hours such business is open for 7
customers and shall not be counted toward calculating the maximum number of signs or the maximum gross display area of signs on the property. Under this subsection, a business may display both one (1) “open” banner and one (1) banner limited to a maximum of twenty-five (25) characters during the hours such business is open for customers. This subparagraph does not prohibit or restrict displays of the United States Flag or the State of Maine Flag. [4/6/94] [Amended 08/19/09] 2022. No lighted sign, including a nonconforming sign replaced or relocated pursuant to Section XII.DK. shall be located within eight feet of the drip lines of any overhead utility wires and their appurtenances. This requirement is not subject to variance or waiver. [4/6/94] [4/5/95] [5/01/96] 2123. Marquees are allowed for theatres and movie houses and on buildings or portions of buildings that are used as theatres or movie houses. Marquees may not be animated signs or have animated sections. 2224. One or moreA menu boards installed at the points where customers place their orders at a drive-through restaurant, which does not exceed 32 square feet of gross display area per sign and the location of which has been approved by the Planning Board under the Scarborough Site Plan Review Ordinance, shall not be counted as a sign in applying the dimensional requirements of Sections XII(DE), XII(EF) and XII(FG). [Amended 08/17/05] 25. Illuminated signs are prohibited in all residential districts, except as allowed by Section XII (C)(1415) and XII(J). [7/17/91] In the Residence and Professional Office District RPO, no illuminated sign may be located on a lot abutting or across the street from a lot containing a dwelling until the lighting for the sign is reviewed and approved by the Town Planner, Planning Board, or Town Planner at the direction of the Planning Board, applying the standards of Section 0(15) of the Scarborough Site Plan Review Ordinance. [4/6/94] 26. Vision triangle. No sign shall be located in an area that conflicts with clear sight distance for oncoming traffic. Sign permits will be issued by the Code Enforcement Officer if the applicant provides supporting evidence that the proposed sign will be located at least 15 feet from the existing edge of pavement. If an applicant desires a location less than 15 feet from the edge of pavement. then they must provide certifiable evidence from a licensed Professional Engineer who specializes in Traffic Engineering. that the proposed sign location will not obstruct vehicular sight distance within the boundaries of following described vision triangle: a. The vision triangle is determined by measuring from the intersection of the edge of the major street and the minor street or driveway along the major street the appropriate distance as determined based upon the posted speed limit (see table) and a distance of 15 feet along the minor street/driveway. and then connecting: the two points with a straight line. b. Sight distance will be measured in accordance with the current Maine DOT standards and procedures. c. Major Street Speed Limit Measurement Distances 25 mph 35 mph 40 mph
= = = 8
250 feet 350 feet 400 feet
45 mph = 450 feet 50 mph = 500 feet 55 mph = 550 feet 27. Fuel price signs are permitted to be incorporated into freestanding signs for gasoline filling stations. Fuel prices may be advertised using manual, electronic or mechanical means and are limited to 12” in lettering or numbering height. If fuel prices are advertised electronically they are permitted to use industry standards and colors and are not limited to the requirements under Section XII. G.1. Electronic Message Signs. D. NON-CONFORMING SIGNS EC. SIGN DIMENSIONAL CHART [Amended 08/19/09] The following chart summarizes the maximum gross area (in square footage) that is permitted for signage and is listed by type of signs and zoning districts in which they allowed.
MAXIMUM SIGN SIZES – Freestanding (FS) /Wall-Mounted (W) TYPE OF SIGN REF. MAX. RF RPO R2, R4 DIM. R4A R3, RFM VR2, VR4
TEMPORARY SIGNS Temporary signs B,CJ giving notice: FS/W Temporary real B,CJ estate: FS Temporary real B,CJ estate: W Temporary B,CJ construction: FS Temporary B,CJ construction: W Temporary grand BJ opening (window or banner) Off-premise farm BJ stand: FS Temporary going BJ out of business (window or banner)
B1
Gross Area
12 sf
Gross Area
9 sf
16 sf
9sf
16 sf
32 sf
Gross Area
9 sf
16 sf
9 sf
16 sf
16 32 sf
Gross Area
16 sf
Gross Area
16 sf
32 sf
Gross Area
16 sf
60 sf
Gross Area
8 sf
8 sf
Gross Area
16 sf
60 sf
B2, B3 BOR, Ind., I-O. L-I
TVC, TVC-2, TVC-3, TVC-4, RH, RH2
HP
16 sf
9
16 32 16sf32 sf sf 7
16 sf
MAXIMUM SIGN SIZES – Freestanding (FS) /Wall-Mounted (W) TYPE OF SIGN REF. MAX. RF RPO R2, R4 DIM. R4A R3, RFM VR2, VR4
Temporary BJ Gross Area relocation (window or banner Temp. sandwich BJ Gross Area board CAMPUS SIGNS Campus KH. Gross Area directory Height Campus primary KH. Gross Area directional Height Campus KH. Gross Area secondary Height directional Campus K.H. Gross Area pedestrian Height directional ADVERTISING / RETAIL SIGNS Advertising: B/C Gross Area: Freestanding FS Signs G.2C Length FS G.1C Height FS Advertising: G.2C Gross Wall Signs Area/bldg. face: Wall (See Note 5)6 Combined Gross Area Corner Lot (See Note 4)s
B1
16 sf
60 sf
8 sf
8 sf
B2, B3 BOR, Ind., I-O. L-I
TVC, TVC-2, TVC-3, TVC-4, RH, RH2
75 sf 10’ 45 sf 9’ 16 sf 8’
75 sf 10’ 45 sf 9’ 16 sf 8’
75 sf 10’ 45 sf 9’ 16 sf 8’
8 sf 8’
8 sf 8’
8 sf 8’
16’ 16’
16’ 16’
32 sf
32 sf
32sf
32 sf
100 sf
16’ 8’ 50 sf
16’ 8’ 50 sf
16’ 8’ 16 sf
16’ 8’ 16 sf
16’ 16’ 16’ 16’ 100 sf
150 sf
4
Business J.3F. Directory Signsies Home occupation CB.1 Off-premise I.1, I.2 directional
Gross Area
Gross Area Gross Area
150 sf
6 sf Not to exceed standards or ≤ 16” x 72” 10
State
HP
MAXIMUM SIGN SIZES – Freestanding (FS) /Wall-Mounted (W) TYPE OF SIGN REF. MAX. RF RPO R2, R4 DIM. R4A R3, RFM VR2, VR4
Readerboards CG Gross Area 3 (See Note 3) ‘Open/retail CB.1209 Gross Area 24 sf banner’ flag (See Note 2)2 IDENTIFICATION, BULLETIN AND DIRECTIONAL SIGNS Bulletin board CB,D Gross Area 24 sf Directional signs BC.911 Gross Area 3 sf at driveways Height 7’ Doorway BC.1012 Gross Area 10% of doorway or opening identification Identification for C.15B.16 Gross Area 20 sf church, housing dev’s.or residential developments 1 Identification for C.15B.16 Gross Area commercial subdivisions 1 Notes 1. 5. 2. 6. 3. 7. 4. 8.
B1
25sf
B2, B3 BOR, Ind., I-O. L-I 25sf
TVC, TVC-2, TVC-3, TVC-4, RH, RH2
25sf
32 sf
Sign Dimensional Chart Notes and Standards 1. Identification signs do not count toward maximum number of signs on a lot, or for applying requirements for separation of signs. 2. ‘Open’ flagsBanners allowed under Section XII(B)21. do not count toward maximum number of signs on a lot. 3. Area of readerboard included in the maximum sign area of the freestanding sign of which it is a part of. 4. Gross sign area may be divided between the principal and secondary sign and under this section the principal sign shall not exceed 100 sf. 5. Unless otherwise provided, wall and window signs shall conform to the following: 11
HP
a. Total gross display area of all wall and window signs shall not exceed 10% of the area of the wall on which they are located. Where separate units of occupancy exist in a building, the gross display area under this paragraph shall be calculated separately for each unit of occupancy, based on the wall areas which enclose each unit, provided that the total gross display area for the building does not exceed the limits of this paragraph. b. Except in the case of an awning, no wall sign shall project more than 12" inches beyond the surface of the wall to which it is attached, or extend above the drip edge of the roof above it or extend laterally beyond the ends of the wall to which it is attached. Where separate units of occupancy exist in a building, the limitations of this paragraph shall apply separately to the wall surface which encloses each unit. FD. MAXIMUM NUMBER OF FREESTANDING SIGNS PER LOT
MAXIMUM NUMBER OF FREESTANDING SIGNS RF, R4A, RFM, R2, B2, TYPE OF SIGN R3, R4, RPO B1 B3, VR2, BO-R VR4 MINIMUM 200' 0 200'/* FRONTAGE MINIMUM LOT SIZE Temporary Permanent: frontage on one street Minimum street frontage for 2 signs Permanent: corner lot
IND, IO, L-I
TVC, TVC-2, 3, 4, RH, RH2
HP
0
200'/50'
200'/50'
1/lot 1/lot
1/lot
1/lot
2/lot 300'
1/lot
1/lot
1 principal sign, 1 secondary sign 100', measured along rights-of-way or front property line 1 (Note 1)
Minimum separation
Business Directory Campus Directional Note 12 Note 12 Signage Readerboards 1 incorporated into principal freestanding sign Note 1. Lots are limited to one (1) Business Directory signs except for lots that qualify and are approved in accordance with Section XII(F)5. Note 2. Number of campus directional signs shall be approved by the Planning Board as part of review of Signage Master Plan (see Section_ Campus Directional Signs and the Commercial Design Standards) GE. ADDITIONAL FREESTANDING SIGNOTHER DIMENSIONAL REQUIREMENTS 1. Unless otherwise provided, freestanding signs s in the B1, B2, B3, HP, BO-R, RH, RH2, I and TVC, TVC-2, TVC-3, TVC-4 Districts shall conform to the following: 1.a. The required Mminimum distance between signs on the same lot or unified development is one hundred (100) feet. 2. b. The required mMinimum lot line setback is fifteen (15) feet from side and rear lot lines. 12
3. The required minimum setbacks to the front lot line and right-of-way (ROW) is variable based on the height of the sign in accordance with the following chart: VARIABLE SETBACKS DISTANCE MAXIMUM FROM ROW HEIGHT 5' 8' 10' 10' 15' 16'
MAXIMUM SIZE 32 sf 60 sf 100 sf
4. c. The Mmaximum sign height requirements are listed in Section XII(C) and are sixteen (16) feet, subject to the variable setback requirements above. [10/20/04] 5. The required minimum setback/distance for signage located in a “Business” District is , two hundred (200) feet from a “Residential” districtDistrict, fifteen (15) feet from all other lot lines. [7/17/91] [4/6/94] 3. Variable setbacks from the front property line (Right-of-way (ROW)) are allowable under the following conditions: VARIABLE SETBACKS DISTANCE MAXIMUM MAXIMUM FROM ROW HEIGHT SIZE 5' 8' 32 sf 10' 10' 60 sf 15' 16' 100 sf 4. Vision triangle. JF. BUSINESS DIRECTORY SIGNS [Amended November 17, 1993] 1. Except as otherwise provided in this Subsection (LF), a Business Directory Sign shall comply with all the requirements of this Section XII. A Business Directory Sign shall be deemed an on-premise, freestanding sign, not a billboard. 2. Business Directory Signs shall be permitted only in the B-1, TVC, TVC-2, TVC-3, TVC-4, B-2, B-3, HP, BO-R, RH, RH2, and Industrial districts. 3. Notwithstanding the provisions of Sections XII(EC) and, XII(DF) and XII(J), the maximum gross display area of a Business Directory Sign shall be 150 square feet. At least 10 percent of the gross display area shall be devoted to identifying the Unified Development by name (or by generic description such as "office park" or "shopping center" if no name has been assigned) and by street address on the Main Thoroughfare. The numbers of the street address must be no less than 11" (eleven) inches high. The remaining gross display area may be used only to identify and advertise uses within the Unified Development and must be located below the name and street address of the Unified Development. Before the Building Inspector issues a permit for a Business Directory Sign, the Addressing Officer in coordination with the Town Planner must determine that the name of the Unified Development is not identical to or likely 13
to be confused with the name of any other development already existing in Scarborough. [4/6/94] 4. Notwithstanding Subsection XII(F), no lot within a Unified Development which utilizes a Business Directory Sign may contain more than one freestanding sign, except that the lot on which the Business Directory Sign is located may contain both the Business Directory Sign and one other freestanding sign otherwise allowed by this Ordinance. The Building Inspector shall not issue a permit for a Business Directory Sign without the written consent of each lot owner within the Unified Development to the limitation of one freestanding sign per lot and the written agreement of the owner of any lot on which there are two or more freestanding signs to remove all but one of such signs upon the erection of the Business Directory Sign. [4/6/94] [4/5/95] 5. A Business Directory Sign must be located on property within the Unified Development which abuts the Main Thoroughfare, must be visible from the Main Thoroughfare and must be located at or near the driveway or street entrance to the Unified Development in order to direct motorists to that entrance. When a Unified Development abuts and has a driveway or street entrance from more than one Main Thoroughfare, the Planning Board may approve one Business Directory Sign may be installed at or near the driveway or street entrance from each of the Main Thoroughfares for a total of two Business Directory Signs. 6. Business Directory Signs shall comply with all applicable setback requirements, except that no setbacks shall be required from property lines separating lots within the Unified Development from one another or from common areas (other than streets), and no setbacks shall be required from boundaries of leasehold or easement interests (other than streets) within the Unified Development. 7. No Business Directory Sign may be located within 200 feet of any other freestanding sign in the Unified Development. 8. If provided, electrical service to a Business Directory Sign must be by underground wiring only. 9. Each owner of a lot or unit of occupancy which is identified or advertised on a Business Directory Sign shall be responsible for any violations of this Ordinance arising out of the erection or maintenance of the Business Directory Sign and shall be deemed an owner of the sign under Section IV(C) of this Ordinance. The Town may enforce the provisions of this Ordinance against any or all such owners. K G. ELECTRONIC MESSAGE AND TIME/TEMPERATURE SIGNS Electronic message and time and/or temperature signs are permitted only in the B1, B2, B3, BO-R, RH, RH2, I, I-O, L-I and TVC, TVC-2, TVC-3, TVC-4 Districts subject to the following standards: 1. Electronic Message Signs are allowed, subject torequired to comply with the following conditions:
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a. An electronic message sign may only be used as a readerboard on a free-standing sign. Electronic message signs may not be used as stand-alone signs. b. An electronic message sign must not give the appearance of motion, flashing, blinking, or shimmering. When the display changes, it must change as rapidly as is technologically practicable with no phasing, rolling, scrolling, flashing, or blending. c. The message may be changed no more frequently than twice in each 60 minute period. [Amended 08/19/09] d. Electronic message sign lettering or numbering height shall be a minimum of 8” and a maximum of 12” and may consist only of white or gold lettering or numbering on a black background. [Adopted 08/19/09][09/21/2011] 2. Time and/or Temperature Signs are allowed, subject torequired to comply with the following conditions: a. Any sign otherwise permitted may include a time and/or temperature sign. (09/21/2011) b. A time and/or temperature sign, or the portion of a sign used to illustrate the time and/or temperature, shall be limited to 10 square feet in area. (09/21/2011) c. A time sign shall be permitted to change no more frequently than thirty-second intervals. d. A temperature sign shall not change except when the temperature changes one degree. H. CAMPUS DIRECTIONAL SIGNS [07/21/04] 1. A primary goal of campus directional signs shall be to assist the public in finding specific business locations or destinations or directing the public within a Unified Development. The number and location of the signs shall be based upon the following criteria: [Amended 02/20/08] a. The number and visibility of major destinations within the Unified Development. b. The complexity of internal circulation patterns. c. The nature of the businesses/institutions as they relate to public accessibility. d. The characteristics of the clientele. such as but not limited to familiarity with the area, seasonally attracted, tourist oriented, or emergency users. 2. Campus directional signs shall be permitted only in the TVC, TVC-2, TVC-3, TVC-4, B-2, B-3, BO-R, RH, RH2 HP and Industrial districts. 3. Dimensional Requirements Type of Sign Primary Directional Secondary Directional Pedestrian Directional
Maximum Gross Display Area 45 SF 32 SF 8 SF
15
Maximum Height 10 feet 8 feet 8 feet
4. The display area of campus directional signs shall be used to identify the names of destinations within the Unified Development and to provide directions to, from and within said development based on the criteria listed in Section K(1) (a) through (d). [Amended 02/20/08] 5. Depending upon the sign location, sign may be double-faced with information on the opposite side of the sign. 6. Text messages on the sign faces must be of a size and typeface that is readable from a moving vehicle at the posted speed limit. In no case shall the text be smaller than 3 inches in capital letter height. See Scarborough Design Standards for further description of signage requirements. 7. The recommended minimum distance between campus directional signs shall be one hundred (100) feet. 8. Campus directional signs shall be set back a minimum of fifteen (15) feet from the boundaries of the Unified Development. 9. The maximum number of signs for the Unified Development shall be shown on a Signage Master Plan submitted to the Planning Board as part of Site Plan Approval. The Master Plan shall indicate typical content for signs, allowing flexibility to change the wording without having to return to the Planning Board. Variations in the number or locations of signs shown on the Signage Master Plan must be approved by the Planning Board prior to implementation. See Scarborough Design Standards for further description of Signage Master Plan. 10. Off-site directional signs shall not be considered campus directional signs. However. for purposes of signage review, off campus directional signs that are part of a Unified Development shall be designed as part of the Signage Master Plan. H. ILLUMINATED SIGNS I. OFF-PREMISE OFFICIAL BUSINESS DIRECTIONAL SIGNS Any business establishment located within the Town of Scarborough, which does not front or face upon U.S. Route One , which does not own or control the land upon which the business is located, and which does not have a free standing or wall sign fronting or facing upon U.S. Route One regulated by Section XII of this Ordinance, may locate two signs off the business premises. Whenever any eligible business establishment as defined above applies for an Official Business Directional Sign the following conditions must be met: 1. Comply with Maine Department of Transportation "Regulations for the Installation of Official Business Directional Signs" except as is otherwise specified above. 2. Maximum sign size shall not exceed 16" x 72"; (Note: sign size to be determined by Maine DOT but not to exceed 16" x 72"). 3. Off-Premise Official Business Directional Signs shall not be located within the Haigis Parkway Right-of-Way between Payne Road and Route One. 34. Business establishments undertaken and permitted pursuant to the provisions for home occupations shall not be permitted directional signs under this section. 16
45. The Code Enforcement Officer may permit two directional signs per this Ordinance. No more than two additional signs may be allowed if the Zoning Board rules favorably on an appeal heard pursuant to Section V of the Zoning Ordinance and based upon any of the following criteria: a. a demonstrated need for adequate visibility of the sign to two-directional traffic; b. the distance from the nearest State numbered route; c. the nature of the business as it relates to public accessibility; d. the characteristics of the clientele such as but not limited to familiarity with the area, seasonally attracted, or tourist oriented; e. excessive number of turns or confusing route on local roads; f. complicated intersections of State numbered routes or major arterials; g. a primary consideration shall be to assist customers seeking the specific business location; h. the Board shall deny the application for added signs if it finds that their function is one of advertising to attract customers rather than to direct individuals seeking the business; i. existing double-faced directional signs which must be replaced shall be considered as two single-faced signs, and the relocation of signs to other locations must be approved by the Zoning Board of Appeals subject to the criteria of this section; j. the Zoning Board must specify the approved number(s) and location(s) of additional signs based upon the provisions of this section. JBUSINESS DIRECTORY SIGNS [Amended November 17, 1993] KCAMPUS DIRECTIONAL SIGNS [07/21/04] L. HAIGIS PARKWAY SIGN [07/21/04] The following provisions relate to signage within the Haigis Parkway Zoning District.
2. 1. Freestanding Signage – Lots Located Along Haigis Parkway or Payne Road [Amended 02/20/08] a. Unified Developments, multi-tenant sites or single tenant sites within the HP Zone may be identified with freestanding signage. No phone numbers, website URL’s, product or service descriptions, slogans, or other forms of advertising shall be permitted on the sign. Private drives serving a single business or building shall display the street address along Haigis Parkway. b. Type of Signage. The freestanding signage may be in the form of a sign advertising a single tenant or use on the lot; a development identification sign; or a business directory sign in the case of a unified development, a multi-tenant building, or multiple businesses accessible through a common entrance. Notwithstanding Section XII.J., within the HP Zone business directory signs may identify destinations and businesses located outside the lot or unified development within which the sign is located if these destinations/businesses are accessible through a common entrance. c. Location. Freestanding signs may be located within the Haigis Parkway landscape buffer zone at either the principal entrance to the development or at some other location along the frontage of the lot. There is no minimum setback required for freestanding signs from the 17
Haigis Parkway right-of-way. The minimum setback for a freestanding sign from the Payne Road right-of-way shall be 10’. d. Design Standards [Amended 02/20/08] Such signs shall not exceed the following standards: FREESTANDING SIGNS Maximum height Maximum total number of freestanding signs Minimum Haigis Parkway and/or Payne Road street frontage for 2 signs Minimum separation b/n signs
10' 2/lot 300’
150’ measured long R.O.W. or front property line Maximum number of business directory 1/lot signs Maximum area for general freestanding 75 SF signs (Gross Area) Maximum area for business directory signs 150 SF (Gross Area) e. Application. Applicants for Site Plan approval shall provide a site plan of the entranceway and lot frontage that illustrates all proposed signage and orientation maps, landscaping, lighting, curbing, driveway, and other infrastructure. Applicants shall also provide written notification from MDOT that the entrance design, including the location of all proposed signage, meets current state standards for access off the Haigis Parkway. [Amended 02/20/08]
3. 2. Orientation Maps for Unified Developments [Amended 02/20/08] a. Location. Orientation Maps for unified developments shall be permitted adjacent to the internal street or site drives within the Haigis Parkway district. Orientation Maps shall be located on paved pull-offs to allow motorists to view the sign without constricting traffic along the internal street. Pull-offs shall be a minimum of 9' in width and 25' in length (measured at the side nearest the sign). One such sign shall be allowed per access road. The location of Orientation Maps shall be coordinated with other elements of the site plan to avoid conflicts with visibility or traffic movement. b. Content. Orientation Maps shall be designed to guide motorists to individual lots, buildings, business establishments, or parking lots within the Unified Development. Signs shall provide maps of the immediate location to assist in way finding. Advertising shall not be permitted on the orientation map. c. Design Standards Maximum height 8' Maximum area <6 buildings 50 SF >6 buildings 75 SF 18
4. 3. Freestanding Signage – Individual Lots Located off Internal Streets [Amended 02/20/08] Individual lots accessed off of internal streets may be identified with a common freestanding entrance sign or a business directory sign at the principal entrance to the lot from the internal street. No phone numbers, website URL' s, product, or service descriptions, slogans, or other forms of advertising shall be permitted on the sign. a. Design Standards Such signs shall not exceed the following standards: FREESTANDING SIGNS Maximum height Maximum area Maximum number Setback
Single Tenant Lot
Multi-Tenant Lot
8' 10' 25 SF 50 SF 1/lot 1/lot 5' from internal street 5' from internal street R.O.W. R.O.W.
5. 6. 4. Wall Signs for Individual Buildings (Single Tenant and Multi-Tenant) [Amended 02/20/08] a. Design. Signs for individual buildings or tenants shall be restricted to the name of the tenant and/or their respective logo. No phone numbers, website URL's, product or service descriptions, slogans, or other forms of advertising shall be permitted on the sign. b. Design Standards Such signs shall not exceed the following standards: WALL SIGNS Maximum height Maximum gross area / sign for individual uses or tenants with less than 50,000 square feet of floor area Maximum gross area / sign for individual uses or tenants with 50,000 square feet of floor area or greater
Maximum number
Single Tenant Building Shall not exceed height of building on which it is located 50 SF (Total gross area of all wall signs shall not exceed 10% of the wall area on which they are located) 100 SF (Total gross area of all wall signs shall not exceed 10% of the wall area on which they are located) Two (2) per building; one (1) on bldg wall facing street & 1 on building wall facing 19
Multi-Tenant Building Shall not exceed height of building on which it is located 50 SF (Total gross area of all wall signs shall not exceed 10% of the wall area on which they are located) 100 SF (Total gross area of all wall signs shall not exceed 10% of the wall area on which they are located) Two (2) per tenant; one (1) per tenant on bldg. wall facing street & one (1) per tenant on bldg. wall facing parking,
WALL SIGNS
Single Building parking
Tenant Multi-Tenant Building except that in the case of tenants in end units within a multi-tenant building three (3) wall signs shall be allowed with no more than one (1) such sign per wall
7. 5. Campus Directional Signs [Amended 02/20/08] Campus Directional Signs are allowed in the Haigis Parkway District in accordance with Section XII.(K). Notwithstanding Section XII(K)(10), within the Haigis Parkway District campus directional signs may direct people to destinations outside the unified development within which the sign is located if these destinations and businesses are accessible through a common entrance and if the signage is designed and approved as part of a Signage Master Plan. In these instances, the campus directional signs are not required to be set back a minimum of fifteen (15) feet from the boundaries of the Unified Development (as per Section XII(K)(8) if the campus signage is abutting a destination that is identified on the sign.
8. 6. Directional Signs [Amended 02/20/08] Directional signs that indicate ingress or egress to a property and do not contain either identification or advertising copy are allowed in accordance with the following standards: DIRECTIONAL SIGNS Gross Area 3 SF Maximum height 7’
9. 10. Temporary Signs [Adopted 08/19/09] The following temporary signs shall be allowed within the Haigis Parkway District: a. Temporary signs giving notice under Section XII(B)(I) b. Temporary real estate signs under Section XII(B)(2) c. Temporary development or construction site signs under Section XII(B)(3) d. Temporary grand opening signs under Section XII(B)(4) e. Temporary going out of business signs under Section XII(B)(5) f. Temporary sandwich board signs
11. 8. Signs Not Allowed [Amended 02/20/08; Amended 08/20/08; Amended 08/19/09] The following signs are not allowed within the Haigis Parkway District: a. promotional flags, banners, or streamers b. readerboards c. signs that contain strings of light d. signs that contain neon or other inert type gas illumination, other than when used to backlit an internally illuminated sign e. electronic message signs 20
f. Time and Temperature signs g. Official Business Directional Signs within the Haigis Parkway Right-of-Way between Payne Road and Route One. BJ. TEMPORARY SIGNS The following temporary signs are permitted and shall conform to standards within municipal, state or federal ordinances, statutes or regulations. The number of temporary signs permitted under this subsection is in addition to the maximum number of signs allowed on a lot or the maximum gross display area allowed on a wall:
12.4. 1. Temporary Signs Giving Notice. Temporary signs giving public notice, such as political posters, advertisements of charitable functions, meeting notices, and other noncommercial signs of a similar nature, are permitted for a period not to exceed twenty (20) days and shall be removed by the person(s) who posted the signs. Temporary signs specified in this section shall not be attached to fences, trees, utility poles, or the like and shall not be placed in a position that will obstruct or impair vision or traffic or in any manner create a hazard or disturbance to the health and welfare of the general public.
13.5. 2. Temporary Real Estate Sign. [4/6/94] a. One temporary real estate sign attached to a building or free standing, may be erected advertising the sale, lease or rental of the premises upon which the sign is located. This sign shall be located on the property that is advertised for sale. Two signs may be utilized depending on the location of the business relative to the main highway. [4/5/95] b. Unless prohibited by State authorities, one off-premises Temporary Real Estate Sign bearing only a general message such as "Home[s] For Sale [or Lease]" or "Land For Sale [or Lease]" and not identifying or advertising any real estate agency, agent or broker or one off-premises Temporary Real Estate sign bearing the message "Open House" (which may identify or advertise a real estate agency, agent or broker) may be placed at the entrance to a dead-end or cul-de-sac street for the purpose of directing motorists to property offered for sale on that street. Such sign may be located within the public right-of-way, but only in locations which do not interfere with vehicular or pedestrian traffic and which do not block the line of sight to and from vehicles exiting the street. Nothing in this subsection authorizes placement of any sign on private property without the permission of the property owner. c. Notwithstanding the provisions of Section XII(D), a temporary real estate sign advertising lots or homes for sale in a residential subdivision approved by the Scarborough Planning Board may have a gross display area of thirty-two square feet until such time as the last of the lots or houses is sold for use as a residence. d. Temporary real estate signs shall be removed from the premises within thirty (30) days after the property is sold or leased. 3. Temporary Development or Construction Site. One temporary development or construction sign, attached to a building or free standing, may be erected provided such sign shall be limited to a general identification of the project and shall be removed within thirty (30) days after completion of the project. [4/6/94]
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4. Temporary Grand Opening Signs. [Amended 12/04/02] [Amended 08/17/05] [repealed effective 12/31/05] 1[Adopted 08/19/09] Temporary Grand Opening Signs. One (1) Temporary Grand Opening Sign may be installed on the premises of a retail business and service establishment, personal service establishment, restaurant establishment, business service and business office establishment, financial, insurance, or real estate establishment, health club, hotel or motel, or a fully enclosed place of assembly, amusement, culture and government for the purposes of announcing the opening of a new business. Business establishments located on corner lots may install two (2) Temporary Grand Opening Signs. In the instance of two signs, the total gross area of the two signs shall not exceed the maximum sign gross area allowed under subsection E. Temporary Grand Opening Signs may be in the form of a banner or window sign. A Temporary Grand Opening Sign shall be displayed for no more than sixty (60) days and shall be removed by the person(s) who posted the sign. A Temporary Grand Opening Sign shall comply with the Sign Dimensional Chart under Section XII.E. and the Variable Setback Standards of Section XII.G.3. of this Ordinance. 5. Off-Premises Farm Stand and Agricultural Products Store Signs. To the extent permitted by State law, the operator of a Farm Stand or Agricultural Products Store may install a maximum of four (4) Off-Premises Farm Stand/Agricultural Products Store Signs for the purpose of directing motorists to the location where local agricultural products are offered for sale. Such Off-Premises Farm Stand/Agricultural Products Store Signs must be no more than eight square feet in gross display area and must be located within five miles, road distance, of the farm stand or store. Farm Stand/Agricultural Products Store Signs may be placed in off-premises locations only during periods of the year when the stand or store is open and the product or products identified on the sign are available for sale, or such other time periods as provided in state law. Off-premises Farm Stand/Agricultural Products Store Signs may be located within the right-of-way only on highways which receive no federal aid and only at the edge of the right-of-way, in locations which do not interfere with vehicular or pedestrian traffic and which do not interfere with visibility for pedestrians or motorists. Nothing in this subsection authorizes the placement of any sign on private property without the consent of the property owner.[4/6/94] [12/15/99] [amended 05/05/10] 6. Temporary Going Out of Business Sign. [Adopted 08/19/09] One (1) Temporary Going Out of Business Sign may be installed on the premises of a retail business and service establishment, personal service establishment, restaurant establishment, business service and business office establishment, financial, insurance, or real estate establishment, health club, hotel or motel, or a fully enclosed place of assembly, amusement, culture and government for the purposes of announcing that the establishment is going out of business. Business establishments located on corner lots may install two (2) Temporary Going Out of Business Signs. In the instance of two signs, the total gross area of the two signs shall not exceed the maximum sign gross area allowed under subsection E. Temporary Going Out of Business Signs may be in the form of a banner or window sign. The display of a Temporary Going Out of Business Sign shall be limited to no more than sixty (60) days and shall be removed by the person(s) who posted the sign. A Temporary Going Out of Business Sign shall comply with the Sign Dimensional Chart under Section XII.E. and the Variable Setback Standards of Section XII.G.3. of this Ordinance. 1
Section XII(B)(4) (Temporary Business Signs) shall stand repealed as of December 31, 2005. No Temporary Business Signs shall be allowed after December 31, 2005.
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14.6. 7. Temporary Sandwich Board Sign. [Adopted 08/19/09] One (1) Sandwich Board Sign may be displayed on the premises of a retail business and service establishment, personal service establishment, restaurant establishment, business service and business office establishment, financial, insurance, or real estate establishment, health club, hotel or motel, or a fully enclosed place of assembly, amusement, culture and government for the purposes of advertising specials, other items for sale, or events being offered. Sandwich Board Signs shall be limited to a maximum gross area of eight (8) sq. ft. and a maximum height of 48”. The location of Sandwich Board Signs shall be limited to the sidewalk or walkway leading to the main entrance of the building in which the business is located and shall be located no greater than fifteen feet (15’) from the building’s main entrance. Sandwich Board Signs shall only be displayed during the hours the business or use is open for customers or visitors and shall not be counted toward calculating the maximum number of signs or the maximum gross display area of signs on the property. A Sandwich Board Sign shall require a sign permit, per subsection A.2., which will establish a business or uses ability to use such a sign and delineate the area in which it will be displayed. A Sandwich Board Sign shall be located on a sidewalk or walkway in a manner that it does not infringe on handicap accessibility or safe pedestrian movement and that safely secures the sign in one location. 8. Temporary Relocation Sign. [Adopted 08/19/09] One (1) Temporary Relocation Sign may be installed on the premises of a retail business and service establishment, personal service establishment, restaurant establishment, business service and business office establishment, financial, insurance, or real estate establishment, health club, hotel or motel, or a fully enclosed place of assembly, amusement, culture and government for the purposes of announcing that the establishment is relocating. Business establishments located on corner lots may install two (2) Temporary Relocation Signs. In the instance of two signs, the total gross area of the two signs shall not exceed the maximum sign gross area allowed under subsection E. Temporary Relocation Signs may be in the form of a banner or window sign. The display of a Temporary Relocation Sign shall be limited to no more than sixty (60) days and shall be removed by the person(s) who posted the sign. A Temporary Relocation Sign shall comply with the Sign Dimensional Chart under Section XII.E. and the Variable Setback Standards of Section XII.G.3. of this Ordinance. DK. NON-CONFORMING SIGNS The eventual elimination of non-conforming: signs is an objective of the town. Such elimination of nonconforming signs shall be brought about over a period of time and in such manner as to avoid the invasion of vested rights of the sign's owner and the infliction of unnecessary hardship. 1. Any sign existing at the effective date of adoption of this Section XII which does not conform to the regulations and requirements of this Section XII and any sign existing on the 23
effective date of any amendment to this Section XII which renders the sign nonconforming: may continue to be used and maintained in a condition of good repair until removed, pursuant to the conditions of this Ordinance. 2. No non-conforming sign shall: a. Be enlarged if such enlargement would increase any nonconformity. b. Be changed to another nonconforming sign. c. Be changed in shape, or size, material, color, or design. d. Continue to be used or allowed to remain in place after the business, product, service, event or other activity to which it relates has been discontinued for ninety (90) days or longer, or, in the case of a seasonal business, for three hundred sixty-five (365) days or longer. e. Be repaired, or replaced after damage or destruction, if the expense of repair exceeds fifty percent (50%) of the current cost of replacing or duplicating the existing sign, as determined by a professional sign manufacturer. f. Continue to be used or allowed to remain in place following any activity that requires site plan approval by the Planning Board. The addition of a readerboard to an existing nonconforming sign shall not be considered an enlargement under subparagraph (a) above or a change under subparagraphs (b) or (c) above, provided that the addition of the readerboard does not increase the gross display area of the sign beyond the maximum permitted in the zoning district or the gross square footage of the existing sign, whichever is greater. [Amended 08/17/05] 3. A non-conforming sign may not be moved or replaced except to bring the sign into complete conformity with this Ordinance. Once a non-conforming sign has been taken down or moved, said sign may only be replaced with a sign that is in conformance with the requirements of this Ordinance, except that a seasonal business may take down nonconforming signs in the off season and replace them in the same locations when the business reopens the following season. 4. Notwithstanding other provisions contained in this Section, the message of a nonconforming sign may be changed so long as this does not create any new nonconformities. 5. Notwithstanding the above, if there is a change of use on a single-use property, and there were one or more on-premise nonconforming signs which advertised the former business or use, any new signs used, and all new signs faces for the new use or business must meet all sign requirements for the underlying zoning district. This provision shall not apply in cases where the supply of parking would be reduced below that required by ordinance, or where the new sign location would create a public safety hazard or block sight distance. A change in use means a change in function as described in the Land-Based Classification Standards of the American Planning Association (APA). 6. Relief from the above restrictions on non-conforming signs may be reviewed and granted by the Board of Appeals in accordance with the Miscellaneous Appeal review process under Section V.B.4.g. 9L. Definitions Specific REGULATIONS.
to
Sign
RegulationDEFINITIONS 24
SPECIFIC
TO
SIGN
As used in this Section XII, the following terms have the following meanings: [Amended 4/6/94] [Amended 05/01/96] a. Abandoned Sign: A sign that was legally erected but whose use has ceased or the structure upon which the sign was displayed has been abandoned by its owner for a period of not less than 30 days. b. Accessory Sign: A secondary sign that provides on-site information concerning the business that is not indicated on the primary identification sign( s), such as store hours, accepted credit cards, quality ratings, affiliations, vacancies, parking and traffic direction. c. Advertising Sign: A sign whose primary purpose is to attract attention to goods offered for sale or lease or services rendered upon property whereupon the advertising is occurring. d. Animated Sign: A sign employing actual motion or the illusion of motion. This definition does not include time and temperature signs or electronic message signs. Animated signs. which are differentiated from readerboards or changeable signs, include the following types: 1) Environmentally Activated: Animated signs or devices motivated by wind, thermal changes, or other natural environmental input. These include spinners, pinwheels, pennant strings, and/or other devices or displays that respond to naturally occurring external motivation. 2) Mechanically Activated: Animated signs characterized by repetitive motion and/or rotation activated by a mechanical system powered by electric motors or other mechanically induced means. 3) Electrically Activated: Animated signs producing the illusion of movement by means of electronic, electrical, or electromechanical input and/or illumination capable of simulating movement through employment of the characteristics of one or both of the classifications noted below: a) Flashing: An animated sign with an intermittent or flashing light source. b) Patterned Illusionary Movement: Animated signs or animated portions of signs whose illumination is characterized by simulated movement through alternate or sequential activation of various illuminated elements for the purpose of producing repetitive light patterns designed to appear in some form of constant motion. e. Banner: A sign of temporary construction made of vinyl, canvas, or similar flexible material.
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f. Bulletin Board: A sign associated with religious or educational institutions on which the copy can be changed. g. Business Directory Sign: A freestanding sign identifying names and/or uses, and/or locations, in a Unified Development or multi-tenant development. h. Campus Directional Sign: A freestanding sign located along a public right-of-way or within an area designated as a Unified Development that directs people to one or more named destinations reachable along that roadway. [Amended 02/20/08] i. Copy: Any graphic, letter, number, symbol, insignia, text, sample, model, device, or combination thereof, which relates to advertising, identification, or notification. j. Directional Sign: A sign that indicates ingress or egress to a property and does not contain either identification or advertising copy. k. Doorway Sign: A sign indicating the location of, or direction to, a separate function performed within one portion of a building that may be erected over or by the doorway or entrance to such portion of the building. l. Electronic Message Sign: An electronically activated changeable sign whose variable message capability can be electronically programmed. m. Exterior Illuminated Sign: A sign with an exterior light source, either attached or detached from the sign, whose purpose is to illuminate the sign board. n. Freestanding Sign: A sign supported by one or more uprights or braces permanently affixed into the ground. o. Fuel Price Sign: The portion of a freestanding sign that indicates current fuel prices available at gasoline filling stations. p. Gross Display Area: On signs which use a signboard or boards, the total area of the board or boards. On signs where the copy is attached directly to a wall, awning or other building surface, the area within a rectangle which completely contains all the sign's copy.
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pq. Historical Site Signs: A wall sign erected or provided by local historical society or government agency that denotes a recognized historical site or structure. qr. Identification Sign: A sign that includes, as copy, only the name of the business, place, organization, building, or person it identifies. rs. Internally Illuminated Sign: A sign with a light source incorporated into the body of the sign and where light emanates through the message of the sign. st. Main Thoroughfare: Means any of the following streets: U.S. Route 1 Payne Road Haigis Parkway Gorham Road Pine Point Road Pleasant Hill Road Spring Street tu. Marquee: A structure projecting over the entrance to a theater used to support a sign. uv. Menu Board: A permanently mounted sign displaying the bill of fare for a drive-through restaurant. vw. Non-Conforming Sign: An existing sign that was lawfully erected in compliance with applicable code requirements and maintained prior to the effective date of this Ordinance. wx. Off-Premise Official Business Directional Sign (OBDS): An off-premise directional sign allowed under Maine DOT Chapter 200 (or current) Regulations. xy. Off-premise Sign: A sign that identifies one or more businesses that is located off the premises of the said business(es) and that is located within the public right-of-way. [Amended 02/20/08] vz. Orientation Map: A sign at the entrance to direct motorists to individual buildings or parking lots within a Unified Development. zaa. Pennant: An all-weather device constructed of lightweight plastic, fabric, or other material, which may or may not contain copy, suspended from a rope, wire, or string, usually in series, designed to move in the wind. 27
aabb. Portable Sign: A sign not designed or intended to be permanently affixed into the ground or to a structure. bbcc. Principle Sign: The main sign on a property. ccdd. Projecting Sign: A sign that is suspended from or supported by any building or structure and projects outward from the supporting structure. ddee. Readerboard: A free-standing sign or portion thereof on which the copy changes, or can be changed, by manual, electronic, or mechanical means. A readerboard may contain an electronic message sign, or a time and/or temperature sign. [Amended 08/17/2005] eeff. Roof Sign: A sign located upon or over a roof of a building. ffgg. Sandwich Board Signs: A sign not secured or attached to the ground or surface upon which it is located, but supported by its own frame and most often forming the cross-sectional shape of an A. gghh. Sign: An object, device, display or structure or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, project, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, or projected image. See Section XII.A.6 for exceptions. hhii. Temporary Sign: A sign or advertising display (such as a political poster) designed, intended to be displayed, or displayed for a short period of time. iijj. Time and/or Temperature Sign: A sign designed to show time and outdoor temperature. jjkk. Under Common Control: Subject to the provisions of a condominium declaration or subject to rules and regulations imposed by an incorporated unit owners' association or lot owners' association. kkll. Unified Development: A group of contiguous lots in a common ownership or under common control, a group of lots in a subdivision approved by the Scarborough Planning Board, or a group of units of occupancy on a single lot, where access to the individual lots or units of occupancy is by a common driveway or by a street which serves principally that Unified Development and which is not a Main Thoroughfare. Examples of Unified Developments include, but are not limited to, office parks, healthcare/hospitals, 28
professional parks, business parks, industrial parks, shopping centers and shopping malls. llmm. Vision Triangle: The area at the four comers of an intersection that is to be kept free of shrubs, ground covers, berms, fences, signs, structures, or other materials or items greater than thirty (30) inches in height. mmnn. Wall Sign: A sign painted on, attached to, or supported by a building wall or part thereof, provided that the sign does not project more than 12" from the wall. nnoo. Window Sign: A sign placed, painted, or affixed on the inside or within 12" of a window or door, and is visible from the exterior of the building. Vote: 7 Yeas. Order No. 13-53. First reading and refer to the Planning Board the proposed amendments to Chapter 405C – the Town of Scarborough Shoreland Zoning Ordinance to update the Accessory Unit standards to eliminate the requirement for public water and sewer. Dan Bacon, Town Planner, gave a brief overview on the proposed amendments to Chapter 405C – the Town of Scarborough Shoreland Zoning Ordinance to update the Accessory Unit standards to eliminate the requirement for public water and sewer. Motion by Councilor Roy, seconded by Councilor St. Clair, to move approval of the first reading and refer to the Planning Board the proposed amendments to Chapter 405C – the Town of Scarborough Shoreland Zoning Ordinance to update the Accessory Unit standards to eliminate the requirement for public water and sewer and schedule the public hearing following the filing of the Planning Board’s recommendation, as follows:
Proposed Amendments to the Zoning Ordinance to Amend the Accessory Unit Performance Standards: BE IT HEREBY ORDAINED by the Town Council of the Town of Scarborough, Maine, in Town Council assembled, that the following amendments to the Zoning Ordinance of the Town of Scarborough, Maine, be and hereby are adopted: Amend subsection J. PERFORMANCE STANDARDS – ACCESSORY UNITS of Section X. PERFORMANCE STANDARDS by deleting E. (additions are underlined; deletions are struck through): J. PERFORMANCE STANDARDS – ACCESSORY UNITS [11/05/03][Amended 02/15/12] The following standards are intended to allow the addition and use of one accessory unit to a single family dwelling in a manner that will preserve the single family residential character of the property and neighborhood. The Code Enforcement Officer may issue a permit for the construction on an accessory unit only if the Accessory Unit adheres to the following standards:
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A.
The owner(s) of the lot on which the principal structure is located must reside in the principal structure or the accessory unit, either of which residence may be seasonal. An accessory unit may be located on a lot which the owner occupies as a seasonal residence; however, neither the accessory unit nor the single-family dwelling shall be rented for less than 28 continuous days. For this purpose, “season” means any three consecutive months during a twelve (12) month period.
B.
The number of occupants of the accessory unit is limited to two.
C.
The living space of an accessory unit shall not exceed the following percentage of living space of the single family dwelling to which the unit is accessory or the following maximum amounts, whichever are applicable: If the living space of the single family dwelling is: Under 2,000 sq. ft. 2,000 sq. ft. or more, but less than 3,000 sq. ft. 3,000 sq. ft. or more, but less than 5,000 sq. ft. Over 5,000 sq. ft.
The living space of the accessory unit shall not exceed: 40% or 750 sq. ft., whichever is greater 35% or 750 sq. ft., whichever is greater 30% or 1,050 sq. ft., whichever is greater 20% or 1,500 sq. ft., whichever is greater
D.
Accessory units are permitted on nonconforming lots, but the structures in which they are located (attached or detached), shall meet the lot coverage requirements for the district in which they are located.
E.
Accessory units located in the Shoreland Zone must be connected to the public water and sewer system.
F E.
In order for an accessory unit to be added to an unsewered lot, the lot must comply with the requirements of the state minimum lot size law, 12 M.R.S.A. §§ 4807 – 4807-G for multiple unit housing as well as all the provisions of the Maine State Plumbing Code and the Town of Scarborough Plumbing Ordinance. The applicant shall have the burden to establish the lot area, which burden may include a survey signed and sealed by a Professional Land Surveyor, at the discretion of the Code Enforcement Officer. The septic system on the property in question shall be functioning properly at the time of application for accessory unit approval.
GF.
A minimum of 1 off-street parking space shall be provided for an accessory unit in accordance with Section XI. Off-Street Parking Regulations of this Ordinance.
HG.
Proper ingress and egress shall be provided to the accessory unit.
IH.
Only one accessory unit per principal structure shall be permitted on a lot.
JI.
The accessory unit and the principal structure must be serviced by common utility meters, unless the utility company providing the service refuses to do so. Should a utility company be unwilling to service the accessory unit with a common meter, the applicant must provide the Code Enforcement Officer with a letter signed by the utility company so stating, with specific reasons for the refusal.
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KJ.
Accessory units shall retain and respect the existing streetscape, character of the neighborhood, and preserve the single-family appearance, architectural style, and character of the original dwelling and property. Outside stairways (either open or closed) that service accessory units on upper stories are permitted, provided that they are integrated into and consistent with the architecture of the building. Outside stairways serving upper stories shall not be located on the side of the building that faces the street, except in the case of a building on a corner lot that fronts two or more streets, a stairway may be allowed on one of the sides of the building that faces a street if no reasonable alternative exists.
LK.
All municipal and state buildings codes in effect at the time of application must be followed.
M L.
An applicant for a permit for an accessory unit may also apply to the Zoning Board of Appeals for a limited reduction of yard size under Section V.B.5 of this Ordinance where such reduction is reasonably necessary to allow construction of the accessory unit.
N M. Should the owner(s) of the principal structure be found in non-compliance with the standards contained in this section, the non-compliance shall be considered a violation of this Ordinance, and the structure shall revert to a single family dwelling or the previous use. O N.
In order for an accessory unit to be located in a detached accessory structure, the following requirements must be met: [09/05/07] i. The detached accessory structure must be located no further than 100 feet from the nearest point of the principal structure; ii. The detached accessory structure must be designed and constructed in the style of a garage, barn, storage building, carriage house, accessory cottage, or similar structure customarily located on the same lot with a single-family residence.
Vote: 7 Yeas. 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. 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 St. Clair, to move approval to table this order to the September 4th Town Council meeting in order for the Housing Alliance to review the proposed amendments. Vote to table: 7 Yeas. Order No. 13-55. First reading and schedule a public hearing on the proposed amendments to Chapter 303 – the Town of Scarborough Personnel Ordinance. Jaclyn Mandrake, Human Resource Director, gave an overview on the proposed amendments to Chapter 303 – the Town of Scarborough Personnel Ordinance. The following individual spoke on this order: Penny Whitney-Asdourian of 6 Friendship Lane and Chair of the Personnel Appeals Board spoke on the Committee’s proposed amendments and again asked the Town Council to adopt the proposed amendments as recommended by the Personnel Appeals Board – which did not include the changes to Section 308 of the Ordinance. 31
Motion by Councilor Holbrook, seconded by Councilor Roy, to move approval of the first reading on the proposed amendments to Chapter 303 – the Town of Scarborough Personnel Ordinance and schedule a public hearing for the next regular Town Council meeting on Wednesday, July 17, 2013. Motion by Councilor Holbrook, seconded by Councilor St. Clair, to move approval to amend the main motion to use the Personnel Appeals Board’s recommended changes to Section 308 as follows:
Section 308. Appeals. Any Employee who has been removed for disciplinary reasons, or suspended without pay may appeal to the Town manager, provided that an appeal must be made in writing within 10 business days of the decision. Upon request, the Human Resources Director or Department head will assist any employee who needs such assistance to file a written appeal. The Town Manager shall give a written reply within 5 business days. Any Full-time eEmployee who has been removed for disciplinary reasons or suspended without pay may appeal to the Personnel Appeals Board, provided that an appeal must be filed in writing with the Town Manager within 10 business days of the decision or of ratification by the Town Manager or the Town Council, if ratification of the removal or suspension is required by the Scarborough Town Charter. Upon request, the Human Resources Director or Department Head will assist any employee who needs such assistance to file a written appeal. This Paragraph shall not apply to contractual employees covered by a grievance procedure, probationary employees, part-time employees, temporary/seasonal employees, lay-offs and reductions in force, whether by elimination of positions or separation of employees, or other terminations or suspensions not attributable to cause. (amended 09/05/2007)(amended…) Vote on amendment: 7 yeas. Vote on main motion as amended:
PROPOSED AMENDMENTS TO CHAPTER 303 TOWN OF SCARBOROUGH PERSNNEL ORDINANCE Article I.
TITLE, AUTHORITY, AND PURPOSE
Section 101.Title. No table of figures entries found. This ordinance shall be known as and may be cited as the Personnel Ordinance.
Section 102.Authority. This Personnel Ordinance is enacted pursuant to the Town’s home rule powers conferred by Article VIII, part second of the Maine Constitution and Title 30-A, §§2001, 2109 and 3001 of the Maine Revised Statutes Annotated.
Section 103.Statement of Purpose and Applicability. The purpose of this Personnel Ordinance is to guide the Town Manager and Department Heads in the administration of personnel activities. Presentation of this information to all employees will inform them about their rights as well as their responsibilities while in the employment of the Town of 32
Scarborough. This Ordinance and subsequent modifications shall supersede any policy and rules made previously by the Town Council. This Ordinance does not create a contract. The Town reserves the right to modify the provisions as needed. This Ordinance applies to all full-time, part-time and temporary/seasonal employees, as defined herein, except school department employees. In instances where employees are subject to a collective bargaining agreement with provisions differing from the Personnel Ordinance, the terms of the collective bargaining agreement shall prevail. Where the Town Manager is subject to an employment agreement with provisions differing from the Personnel Ordinance, the terms of the employment agreement shall prevail. Elected Town officials and appointed members of Scarborough boards and commissions are not considered employees within the scope of this Personnel Ordinance. (amended 09/05/2007) (amended 08/17/2011)(amended..)
Article II. GENERAL PROVISIONS Section 201.Employment. The Town of Scarborough is an equal opportunity employer. All employees and applicants will be provided equal opportunities, and the Town shall make all its employment decisions without regard to religion, age, sex, sexual orientation (including gender identity and expression), race, color, ancestry, national origin, and physical or mental disability, or any other status protected by law. The Town shall employ, without discrimination, the best qualified persons who are available at the salary levels established for Town employment, first preference being given always to citizens of the Town of Scarborough, all factors being equal. Within the limits of time during which a position must be filled, there shall be as wide a search for qualified candidates as is practicable. The character of this search will vary from position to position, but will consist of an internal posting for Town employees and may include advertising, open competitive examination, contact with state and other employment offices, and contact with special sources of information in each case. It shall be the duty of the Town Manager, or the appointing authority, to seek out the most desirable employees for the Town. (amended 11/02/94) (amended 09/05/2007)(amended 08/17/2011) Applications for employment shall be filed on forms provided by the Town. Applications will be accepted only for positions for which a vacancy exists. Application forms will usually have to be signed by the applicant to be accepted.(amended 08/17/2011)
Section 202.Employee Designations. A.
Full-Time Employees.
A full-time employee is one who is scheduled for at least 35 hours per week fifty-two weeks per year and is appointed for a term greater than six months or for an indefinite term.
B.
Part-Time Employees.
A part-time employee is appointed for a term longer than six months or for an indefinite term, works regularly scheduled hours and is scheduled for less than 35 hours per week. Per diem firefighters, inspectors, and rescue unit personnel employed in the Fire/Rescue Department are part-time employees regardless of the number of hours scheduled or worked per week. (amended 08/17/2011)
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C.
Temporary/Seasonal Employees.
A temporary/seasonal employee is one whose appointment is for a specified period of six months or less. Temporary/seasonal employees may work in different capacities throughout a year. Each different capacity is considered a separate appointment. (amended 08/17/2011)
Section 203.Probation. All full-time and part-time employees are considered probationary for the first 180 days of employment. All Temporary/Seasonal Employees are considered probationary for the first 60 day s of employment. Any break in employment lasting longer than two weeks during the probationary period, including but not limited to absence for medical reasons or military leave, shall not be credited towards the probationary period. Every employee must successfully complete the probationary period to continue employment. Probationary employees shall be evaluated by their immediate supervisor prior to the end of the probationary period and will be informed whether they have successfully completed the probationary period no later than by the end of the probationary period. If the probationary employee’s conduct and/or work performance is evaluated as unsatisfactory, the Department Head, with the Town Manager’s approval, may separate employment during the probationary period. (amended 02/06/02) (amended 09/05/2007) (amended..)
Section 204.Promotion. Town employees shall be given the opportunity for advancement in the service. Present employees shall be given first consideration in filling a vacancy, when qualified employees are interested in the vacancy. Employees may be transferred to a new position without a loss in seniority, pay or job grade to a vacant position by a dDepartment hHead with the Town Manager’s approval or by the Town Manager when filling a position appointed by the Town Manager, with or without posting the position, when the Town Manager determines the action will benefit the Town. Present employees may be given training opportunities to qualify for promotion, but it is recognized that, from time to time, the good of the service will require that a vacancy be filled from outside the service. Such a decision shall be made only after careful review of the qualifications of all Town employees who apply for the position. (amended 11/02/94)
Section 205.Compensation. To the extent feasible, it is the intent to pay Town employees a basis that is commensurate with salaries and wages for comparable public and private work in the area in order to attract and retain well qualified employees.
Section 206.Training. Both the Town and its employees profit from the provision of educational training opportunities at reasonable expense to the Town. Training programs shall be designed to improve the quality of performance and bring about more efficient or more economical operation. Employees will have to receive approval for training programs in advance from the Town Manager or Department Head, if attendance during normal working hours or reimbursement of tuition and/or expenses is expected.
Section 207. Nepotism. Employees who are members of the same family (as defined in Bereavement Policy Section 504) may not occupy a position of influence over each other’s employment, promotion, transfer, salary administrationorother related management decisions. Employees must disclose to the Town Manager any employment relationship that may cause a potential conflict of interest. 34
Unless authorized by the Town Manager, employees who are members of the same family may not work in the same department if the employment relationship is such that an employee is directly supervising a member of his or her immediate family or if the employment relationship may cause a potential conflict of interest. (amende…) Section 208. Conflicts of Interest. A conflict of interest exists when an employee’s personal relationship or financial interest influences the employee’s responsibility to act in the best interest of the Town. A conflict of interest may make it difficult for an employee to perform his or her work objectively and effectively and in the best interes of the Town. Employees must disclose and discuss any potential conflict with the Town Manager. (1) Internal Relationships: An employee must remain objective when influencing or making decisions regarding the hiring, placement, supervision, promotion, evaluation, or pay of any employee. (2) Business Transactions: Business transactions must be entered into for the interest and benefit of the Town. Employees may not use such transactions to individually benefit or financially benefit anyone in their family or household. (amended…) Section 209. Employee Conduct and Responsibilities. The intent of these standards and responsibilities is to provide direction and guidance to employees regarding appropriate and acceptable professional behavior. This is not an exhaustive list and the Town reserves the right to determine and define unacceptable conduct on a case-by-case basis. A. Standards of Conduct Employees shall: (1) Exhibit professional and respectful conduct. (2) Be citizen-focused in all contacts and dealings. (3) Assume responsibility for actions and decisions. (4) Comply with all laws, regulations, policies and procedures that govern Town activities. If there is a question of applicability, it is the employee’s responsibility to seek guidance. (5) Participate in training and development; secure and maintain licenses and certifications as required for individual positions. (6) Follow direction and accept guidance from managers. (7) Refrain from all types of harassment, abusive behavior and unlawful activities. (8) Report, on a timely basis, observations and/or information regarding any activity that may calls the integrity of the Town into question. B. Ethical Responsibilites Employees will exhibit the highest standards of ethical conduct. The Town expects the communication of any concerns related to the lawful and ethical conduct of the Town business. Employees with knowledge of Ordinance Violations are expected to share their concerns with 35
any supervisor or the Town Manager. and report known or suspected incidents of misconduct. Employees may report violations without fear of retaliation. Employees shall: (1) Conduct themselves with the highest principles of honesty and intergrity. (2) Ensure and maintain accurate and reliable financial records. (3) Avoid impropriety and the appearance of impropriety. (4) Not make, recommend or cause any action known or believed to be in violation of any law, regulation or organizational policy. (5) Not use their position of employment to inappropriately force, induce, coerce, harass, or intimidate any employee or citizen. (amended…)
Article III. CONDITIONS OF EMPLOYMENT Section 301.Hours of Work. It is necessary, owing to the variations in the different services provided by the Town, that there be variations in the hours of work per week in positions of the same class in different departments. Normal working hours for each department shall be established by the Town Manager.
Section 302.Overtime and Compensatory Leave. Non-exempt, Hhourly employees generally will be compensated for overtime work at the rate of one and one-half times the established hourly rate for hours worked in excess of forty hours in a work week, except that the normal work week for employees in the Fire/Rescue Department shall be established by the Fire Chief subject to the approval of the Town Manager. For purposes of this section, hours worked shall include sick leave, vacation, compensatory time and bereavement. Hours worked on Christmas Day (12:00 a.m. to 12:00 mid-night December 25) shall be paid at the rate of one and one-half (1 ½) times the base hourly rate. The Town may offer employees compensatory leave on the basis of one and one-half hours of compensatory leave per overtime hour worked if the employee elects in writing to receive compensatory leave rather than overtime in advance of working the excess hours. Employees may not accrue compensatory leave exceeding departmental limits established by the Department Head and the Town Manager; therefore, employees whose accrued compensatory leave is at or near the established maximum will not be offered the option of compensatory leave. Upon termination of employment, employees will be paid for unused compensatory time at the average regular rate paid during the last three years of employment or the final regular rate paid during employment, whichever is higher. Exempt,Ssalaried positions (usually professional, managerial or supervisory positions) are compensated on the basis of job responsibility, not hours worked, and it is the responsibility of the person filling the position to accomplish the assigned responsibilities in a timely manner. The Town Manager shall establish a uniform and consistent compensatory time policy for exempt, salaried employees, which policy shall allow compensatory time off at a time convenient for the Town when a salaried employee’s Department Head’s duties require the employee to work in excess of 50 hours per week or when an exempt manager’s/supervisor’s duties require the employee to work in excess of 45 hours per week. Compensatory time may not be accumulated in excess of 50 hours. (amended 2/17/99) (amended 09/05/2007) (amended 08/17/2011)(amended…)
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Section 303.Attendance at Work. Employees shall be at their respective places of work in accordance with tTown or departmental regulations pertaining to normal hours of work. All dDepartment hHeads shall keep daily attendance records and furnish to the Town Manager periodic reports upon request. In the event of necessary absence because of illness or any other cause, it is the responsibility of employees to see that their dDepartment hHeads is advised of the reason for absence as soon as possible and at least before the time that the employee is expected to report to work. Absences from work for any reason for a cumulative period of six months in the period of one year will form the basis for termination of employment except as otherwise provided by law. (amended 09/05/2007)
Section 304.Workplace Injuries. The Town of Scarborough provides Workers’ Compensation Insurance coverage for all employees. An employee who sustains a personal injury or compensable illness arising out of and in the course of his/her employment with the Town shall be paid during the first four weeks of incapacity to work resulting from the injury an amount sufficient, when added to the weekly payment of worker’s compensation, to equal his/her regular salary or normal wage (the “supplemental payment”). To avoid gaps in employee income while supplemental payments are being made, the Town may continue to pay an employee’s normal wage or regular salary if the employee agrees, in writing, to turn over worker’s compensation payments to the Town upon receipt. No supplemental payments shall be made if, in the opinion of the Department Head and Town Manager, the accident occurred as a result of intoxication, willfulness, the violation of rules and regulations on the part of the employee, or while the employee is in the employ of any other person, firm or corporation. Supplemental payments shall not be continued beyond four weeks except upon written authorization of the Town Manager. (amended 09/05/2007)
Section 305.Policy on Workplace Threats And Violence. The safety and security of employees of the Town of Scarborough, and also the public who conducts business in the various municipal buildings, is of paramount importance to the Town. Therefore, threats, threatening behavior or acts of violence against or by employees, visitors, guests or other individuals on Town property will not be tolerated. Violations of this policy may lead to disciplinary action of employees, which may include dismissal and may lead to arrest and prosecution of employees or others. Any person who makes threats, exhibits threatening behavior or engages in violent acts on Town property will be removed from the premises as quickly as safety permits. The Town will initiate any actions necessary to ensure that employees and the public are safe on Town property. All Town personnel are responsible for notifying the Town representative designated below of any threats that they have witnessed, received or have been told that another person has witnessed or received. Even without an actual threat, personnel should also report any behavior they have witnessed that they regard as threatening or violent when that behavior is job-related or might be carried out on a Town-owned site, or is connected to Town employment. Employees are responsible for making this report regardless of the relationship between the individual who initiated the threat or threatening behavior and the person or persons who were threatened or were the focus of the threatening behavior. If the designated Town representative is not available, personnel should report the threat to their supervisor or the Town Manager. 37
All individuals who apply for or obtain a protective or restraining order which lists any Town location as being a protected area must provide to the designated Town representative a copy of the petition and declarations used to seek the order, a copy of any temporary protective or restraining order which is granted, and a copy of any protective or restraining order which is made permanent. The Town of Scarborough understands the sensitivity of information regarding threats or threatening behavior and will recognize and respect the privacy of the reporting employee(s) or citizen(s) to the extent permitted by law. The designated Town representative is: the Director of Human Resources (730-4026). (amended June 7, 2000).
Section 306.Progressive Discipline. The Town has a policy of progressive discipline of employees, which means that repeated instances of poor job performance or misconduct, or violations of Town policies and procedures, will be documented and subject to progressively more severe sanctions, which may include oral or written warnings, counseling, suspension with or without pay, demotion or termination. Progressive discipline does not mean that the initial disciplinary response to unsatisfactory job performance or misconduct will always be the same. Serious job performance problems or misconduct such as, but not limited to, dishonesty, violence or theft, harassment, alcohol or illegal drug use may result in more severe disciplinary sanctions, up to and including dismissal, even on the first occurrence. (amended 08/17/2011)(amended…) When in the judgment of the appointing authority, whether a Department Head or the Town Manager, an employee’s work performance or conduct justifies disciplinary action, the employee may be disciplined. Consideration shall be given to the severity of the performance problem or misconduct and prior disciplinary sanctions, if any, against the employee prior to imposing any discipline. Repeated misconduct or continuing performance problems may be considered cumulative, and subject to progressively more severe discipline, even if the conduct or performance problems vary in nature or severity. Except in cases of emergency, no employee may be suspended by a Department Head until the Town Manager ratifies the decision. No employee shall be suspended for more than three days without first being given an opportunity to discuss the incident or incidents underlying the suspension with either the Town Manager or Department Head, whoever initiated the suspension.
Section 307.Disciplinary Dismissals. An employee may be dismissed for cause whenever in the judgment of the appointing authority the employee’s work or misconduct so warrants, subject to the appeals provisions set forth in §1003 of the Scarborough Town Charter and Section 308 of the Personnel Ordinance. Prior to making a final decision to demote or dismiss an employee, the Department Head or Town Manager (whoever is the appointing authority) shall inform the affected employee of the action under consideration, along with the reasons therefore, and shall provide the employee an opportunity for an informal meeting to discuss the employee’s version of the events and circumstances at issue. Prior discussion with the employee is not required when in the judgment of the Department Head or Town Manager the employee’s conduct or job performance creates an immediate threat of injury to the employee, any other Town employee, or members of the public, provided that the employee shall be treated as suspended with pay until such time as an opportunity for an informal meeting is offered. Removal of an employee appointed by a 38
dDepartment hHead shall be subject to ratification by the Town Manager and removal of an employee appointed by the Town Manager shall be subject to ratification by the Town Council.
Section 308.Appeals. Any employee who has been removed for disciplinary reasons or suspended without pay may appeal to the Town Manager, provided that an appeal must be made in writing within 10 business days of the decisions. Upon request, the Human Resources Director or Department head will assist any employee who needs such assistance to file a written appeal. The Town Manager shall give a written reply within 6 business days. Any employee who has been removed for disciplinary reasons or suspended without pay may appeal to the Personnel Appeals Board, provided that an appeal must be filed in writing with the Town Manager within 10 business days of the decision or of ratification by the Town Manager or the Town Council, if ratification of the removal or suspension is required by the Scarborough Town Charter. Upon request, the Human Resources Director or Department Head will assist any employee who needs such assistance to file a written appeal. This Paragraph shall not apply to contractual employees covered by a grievance procedure, probationary employees, lay-offs and reductions in force, whether by elimination of positions or separation of employees, or other terminations or suspensions not attributable to cause. (amended 09/05/2007) (amended…)
Section 309.Internal Complaint/Grievance Procedure. Any employee aggrieved because of some condition of his/her employment other than disciplinary actions subject to sections 306 and 307 hereof or lay-offs subject to section 310 hereof shall have the right, and shall be expected, to appeal to his/her immediate supervisor or Department Head. The grievance must be made in writing to the employee’s immediate supervisor or Department Head within five (5) working days from the incident. The Department Head shall make an effort to settle the grievance within three days after the presentation. If a satisfactory settlement cannot be reached, the employee may appeal within five (5) working days of the Department Head’s decision to the Town Manager, who may require the grievance to be submitted in writing. The Manager shall give a written reply within one week. The decision of the Manager shall be final unless the grievance involves a policy matter, which must be determined by the Town Council. (amended 09/05/2007)
Section 310.Order of Lay-Offs. Any employee may be laid off whenever it is necessary because of a shortage of funds, lack of work, or related reasons, which do not reflect discredit upon the employee. Lay-offs shall be on the basis of seniority in each classification within each department, so far as possible. Temporary/seasonal employees may be laid off at any time by the Department Head without consideration of seniority. (amended 08/17/2011)
Section 311.Resignation. All employees resigning from Town employment shall give a written two-week notice. Department Heads shall give a written four-week notice.
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Section 312.References. The Town of Scarborough’s reference policy is to provide potential future employers only with the town employee’s date of hire, date of resignation or termination and terms of employment unless other disclosure is authorized in writing by the employee.
Section 313.Equal Employment Opportunity & Sexual Harassment Policy Employment Policies and Practices. These policies and practices are generally matters of state and federal law. This Section may not contain an exhaustive list of all Town policies and practices. Additional administrative policies, practices, and procedures may be distributed as supplemental employment guidelines. A.
Equal Employment Opportunity.
Any employee of the Town of Scarborough who believes that he or she has been discriminated against in employment in any way (including harassment or the denial of any employment benefits) on the basis of race, color, religion, national origin, ancestry, age, sex, sexual orientation (including gender identity or expression), physical or mental disability, or any other status protected by law, should follow the complaint procedure outlined below in the Sexual Harassment Policy. The Town of Scarborough takes allegations of discriminatory treatment very seriously. The Town of Scarborough will investigate every allegation of discrimination promptly and take whatever action is necessary to stop unlawful discrimination and remedy any effects of unlawful discrimination. (amended July 20, 2005) (amended 09/05/2007)
B.
Discrimination, Sexual Harassment Policy and Other Illegal Harassment.
It is the policy of the Town to prohibit all forms of unlawful discrimination and harassment, including sexual harassment. Any employee who engages in discrimination or harassment based upon race, color, sex, sexual orientation, physical or mental disability, religion, ancestry, national origin, age, pregnancy status, status as a veteran, status as a whistleblower, or any other status protected by law will be subject to disciplinary action, up to and including termination of employment. (1) Definition of Discrimination Discrimination is defined as the less favorable treatment of an employee as compared to other employees based on illegal or inappropriate criteria, usually because of prejudice about race, ethnicity, age, disability, religion or gender. This may include, but is not limited to bias, favoritism, unfairness, bigotry, and intolerance. (amended…) (2) Definition of Sexual Harassment and Other Illegal Harassment Sexual harassment is one form of discrimination that undermines the integrity of the employment relationship, is degrading, detrimental to productivity, and illegal. Sexual harassment is defined as the attempt to control, influence or affect the career, salary or job of an individual in exchange for sexual favors; or the creation of an intimidating, hostile or offensive working environment based on unsolicited and unwelcome sexual conduct, either verbal or physical conduct of a sexual nature constitute sexual harassment when: Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when: (amended 09/05/2007) (amended…) 40
a. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment. b. Submission to, or rejection of, such conduct by an individual is used as the basis for employment decisions affecting such individual; or, c. Such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment. Other illegal harassment is defined as unwelcome conduct, whether it is intended or not, that disrupts or interferes with another’s work performance by creating a workplace that is hostile, offensive, intimidating or humiliating either directly to the victim or indirectly to other Town employees. Note that a workplace environment that is hostile, offensive, intimidating or humiliating may be created by a single severe event or action or a pattern of behavior involving numerous less severe events or actions. Harassment may include, but is not limited to: a. Conduct that denigrates or shows hostility or aversion toward an individual because of race, ethnicity, age, disability, religion, marital and family status, or gender. b. Bullying and other harassment: Physical or verbal abuse, exclusion or isolation of an employee, withholding information, deliberate inconveniencing, intentional embarrassment, teasing, mocking, insults, threats, etc. c. Sexual harassment: Unwelcome sexual advances, requests for sexual favors, comments, physical conduct, derogatory information, jokes, obscene language, insinuations, etc. (amended…)
(3) Description of Sexual Harassment The following type of conduct is considered to be sexual harassment and is not permitted: a. Physical assaults of a sexual nature such as: i. rape, sexual battery, molestation or attempts to commit these assaults; and ii. intentional physical conduct which is sexual in nature such as touching, pinching, patting, grabbing, brushing against another employee’s body or poking another employee’s body. b. Unwanted sexual advances, propositions or other sexual comments such as: i. Sexually-oriented gestures, noises, remarks, jokes or comments about a person’s sexuality or sexual experience directed at, or made in the presence of, any employee who indicates, or has indicated, in any way that such conduct in his or her presence is unwelcome; ii. Preferential treatment, or promise of preferential treatment, to an employee for submitting to sexual conduct including soliciting, or attempting to solicit, any employee to engage in sexual activity for compensation or reward; and iii Subjecting, or threats or subjecting, an employee to unwelcome sexual attention or conduct or intentionally making performance of that employee’s job more difficult because of that employee’s sex. 41
c. Sexual discriminatory displays or publications anywhere in the town by employees such as: i. Displaying pictures, posters, calendars, graffiti, objects, promotional materials, reading materials or other materials that are sexually suggestive, sexually demeaning or pornographic, or bringing into the work environment or possessing any such material to read, display or view at work; ii. Reading, or otherwise publicizing, in the work environment materials that are in any way sexually revealing, sexually suggestive, sexually demeaning or pornographic; and iii. Displaying signs or other materials purporting to segregate an employee by sex in any area of the workplace (other than restrooms and similar semi-private lockers/changing rooms).
(4) Internal Complaint Procedure Harassment, Discrimination or intimidation of any kind in the workplace, or retaliation for reporting any such behavior, whether committed by employees, supervisors, customers, vendors, or any third parties, is not sanctioned or tolerated. If an employee has a complaint of discriminatory treatment, harassment, or intimidation based upon race, color, sex sexual orientation, physical or mental disability, religion, ancestry, national origin, age, pregnancy status, status as a veteran, status as a whistleblower, or any other status protected by law, or if an employee becomes aware of actual or potential discrimination or harassment, he/she should bring it to the Town’s attention immediately. There are three ways an employee can make a complaint or report of harassment or discrimination: 1) bring it to the attention of a supervisor; 2) bypass the supervisor and address the concerns directly with Human Resources; or 3) report harassment directly to the HUMAN RESOURCES DIRECTOR or TOWN MANAGER. All complaints or reports will be investigated promptly, thoroughly and fairly. Each employee alleging sexual harassment, discrimination, or intimidation will be requested, but not required, to put his or her complaint in writing. All information will be held in confidence and will be discussed only with those who have a need to know in order to either investigate or resolve the complaint. Any employee who is determined, after investigation, to have engaged in unlawful discrimination or harassment will be subject to appropriate disciplinary action, up to and including termination. Employees also have the right to contact the Maine Human Rights Commission, Augusta, Maine at (207) 624-6290 and/or file a complaint with the United States Equal Employment Opportunity Commission. It is not required that any of the above procedures be utilized first or in any particular sequence, nor is it required that any procedure be exhausted before the other is used. (amended…) (5) Protection Against Retaliation for Complaining About Harassment Under the law, employees may not be punished or penalized in any way for reporting, complaining about, or filing a claim concerning unlawful harassment or discrimination, or for cooperating with or testifying in any proceeding brought by anyone else. If an 42
employee feels the he/she has been retaliated against for opposing or reporting what he/she reasonably believes to be unlawful harassment, please follow the same Internal Complaint Procedure set forth above. The Town will not tolerate any act of unlawful retaliation against employees who have reported, complained about, or filed a complaint of unlawful harassment.
C. Whistleblower Policy Any employee who believes that he or she is aware of a violation of any state or federal law or regulation in the workplace or any condition or practice that would put any person’s health or safety at risk is required to immediately report the circumstances to the Human Resources Director or to the Town Manager. The employee will be requested to put the report in writing. The Town will investigate the report promptly and act promptly to take any necessary remedial action. No employee will be penalized for making a report in good faith. (amended 09/05/2007) D. Americans with Disabilities Act. In accordance with the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, and the Maine Human Rights Act, Title 5 M.R.S.A.§4551. et. seq.,the Town of Scarborough will not discriminate against qualified individuals with a disability because of the disability in regard to job application procedures, hiring, advancement or discharge, compensation, job training and other terms, conditions and privileges of employment. A qualified individual with a disability, by reason of that disability, may not be excluded from participation in or be denied the benefits of the services, programs or activities of the Town of Scarborough, or be subjected to discrimination relating to job application procedures, hiring, advancement or discharge, compensation, job training and other terms, conditions and privileges of employment. It is the policy of the Town of Scarborough to provide reasonable accommodations for qualified individuals with disabilities. Federal law (the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990) and state law (the Maine Human Rights Act) establish the rights of individuals with disabilities. Reasonable accommodation shall be provided in a timely, cost-effective manner. The essential functions of a job need not be modified to accommodate an individual with a disability. Any individual with a disability who believes he/she has been subjected to discrimination on the basis of disability may discuss the complaint with a supervisor and/or may file a grievance with the Human Resources Department. It is unlawful for the Town, its employees, contractors, or grantees to retaliate against anyone who files a grievance or cooperates in the investigation of a grievance. Questions, concerns, complaints, or requests for additional information regarding this notice may be forwarded to the Director of Human Resources, the designated Americans with Disabilities Act Compliance Offficer.
Article IV. PUBLIC AND EMPLOYEE RELATIONS Section 401.Public Relations. All employees shall maintain a courteous, professional and helpful attitude in dealing with Town residents and other members of the public. 43
Section 402.Political Activity. Employees may seek or accept nomination or election to any office in the Town government while employed by the Town, provided that no person may hold elective office while employed by the Town. Therefore, any employee elected to any Scarborough Town Office shall resign from employment prior to taking office, with the exception of on-call emergency personnel elected to the Town Council or Board of Education as per Sections 202 and 402 of the Town Charter. During the course of their employment, employees shall refrain from using their influence publicly in any way for or against any candidate seeking elective office in the Town government. Town employees shall not work at the polls in support of any political purpose pertaining to the Town government, circulate petitions or campaign literature for elective Town officials, or be in any way concerned with soliciting or receiving subscriptions, contributions, or political service from any person for any political purpose pertaining to the Town government. This rule is not to be construed to prevent Town employees from becoming, or continuing to be, members of any political organization, from attending political meetings, from expressing their views on political matters, or from voting with complete freedom in any municipal, state or national election. [amended October 18, 2000; November 1, 2000]
Section 403.Receipt of Gifts. All Town employees, including Department Heads, are prohibited from soliciting or accepting any gift, gratuity, favor, entertainment, loan, or any other item of monetary value from any person, within or outside Town employment, whose interests may be affected by the employee’s performance or nonperformance of his/her official duties. Acceptance of nominal gifts, such as food and refreshments in the ordinary course of business meetings, or unsolicited advertising or promotional materials such as pens, note pads, calendars, etc., is permitted.
Article V. BENEFITS Section 501.Holidays. Full-time employees, including those still in the probationary period, shall receive holiday pay for the following holidays: New Year’s Day President’s Day Memorial Day Labor Day Veteran’s Day Friday following Thanksgiving
Martin Luther King Day Patriot’s Day Independence Day Columbus Day Thanksgiving Day Christmas Day
If a holiday falls on a Saturday, the preceding Friday shall be deemed a holiday and if a holiday falls on a Sunday, the following Monday shall be deemed a holiday. The intent of this benefit is for employees to observe the holiday as designated by the Town. Because of the nature of the position, certain employees are required to work during a holiday. These employees will receive holiday pay in addition to regular wages for time worked, which in effect, means double pay. Employees may receive payment for holiday time upon approval by the Town Manager or his/her designee. (amended 02/06/02)(amended…)Temporary/seasonal and part-time employees are not eligible for paid holidays; if they work on a holiday, such employees will receive their regular wages. (amended 08/17/2011) )(amended…) Employees on an unpaid leave of absence of any type shall not receive holiday pay. (amended 09/05/2007) 44
Section 502.Sick Leave and Personal Time. All full-time employees shall accrue sick leave with pay at the rate of one day per month commencing with the date of initial employment. Temporary, seasonal and part-time employees do not accrue sick leave. Sick leave is defined as leave granted due to personal illness or non-work related bodily injury to the employee or the employee’s family member. For purposes of this section, family member is defined to mean spouses, domestic partners (as defined by the Maine Municipal Employee Health Trust), children, parents brothers, sisters, mother-in-law, father-in-law, grandfather, grandmother, grandchildren, step-father, step-mother, step-children or other relative if living in the same household as the employee. [amended 08/20/03] (amended 09/05/2007)(amended 08/17/2011) A maximum of one hundred twenty (120) days of sick leave may be accrued and carried forward from one calendar year to the next. Upon recommendation of the Department Head, the Human Resources Director may require a doctor’s certificate for use of sick leave and/or prior to the return to work by an employee on sick leave for more than one workweek or in circumstances of excessive absenteeism. [amended 08/20/03] (amended 09/05/2007) An employee shall report all absences to his/her supervisor prior to the start of their regularly scheduled day and in no instance later than one-half hour after the start of the regularly scheduled day. Failure to report within this period shall be considered justification for disallowing sick leave for that day. Unless otherwise specified by the supervisor, employees shall be expected to call on each day of absence. When the nature of the absence indicates an extended period of time away from work, longer intervals of reporting shall be established by the supervisor. Each employee will be entitled to sixteen (16) hours of personal time per year. Hours taken as personal time will be deducted from accrued sick leave. [amended 1/02/02] False or fraudulent use of sick leave shall be cause for disciplinary action.
Section 503.Payment of Unused Sick Leave. Upon retirement or separation in “good standing” full-time employees who have completed 5 years of service, and who retire, resign after giving the proper notice, or are terminated for reasons not attributable to “cause” shall be compensated for one-third (1/3) of accumulated unused sick leave subject to a maximum payment of forty (40) days, one-half (½) after 10 years, subject to a maximum of 60 days, three-quarters (3/4) after 15 years, subject to a maximum of 90 days, and 100% after 20 years to a maximum of 120 days. Payment will be made on the next regular payday after the employee’s last day of work and, if applicable, in accordance with Section 516 Retirement Health Savings Account. In the event of the death of an employee, the designated beneficiary shall receive the above payment for unused sick leave. An employee’s estate shall receive 100% of accrued sick leave for a qualified line of duty death. (amended 08/17/2011) “Good standing” shall mean a written, fourteen (14) day notice to the Town in advance of the employee’s last actual day worked, in the case of a proper resignation, valid retirement, or separation of the employee from the Town service for other than cause. Any absence from duty for which sick leave is paid, or for official leaves of absence, shall not constitute a break in the service record. [amended 2/17/99] (amended 09/05/2007) 45
Section 504.Bereavement Leave. Full-time and part-time employees shall be excused from work for up to five (5) calendar days in the event of the death of spouse, domestic partner (as defined by the Maine Municipal Employee Health Trust), child or parents and up to three (3) calendar days off, in the event of the death of another member of the immediate family and shall be paid at the regular rate of pay for scheduled work hours missed. Immediate family is defined to mean spouse, domestic partner, child parents, brothers, sisters, mother-in-law, father-in-law, grandfather, grandmother, grandchildren, step-father, step-mother, stepchildren or other relative living in the same household as the employee. The Department Head, with the Town Manager’s approval, may grant bereavement leave to employees in the event of the death of other members of the family. (amended 11/2/99) (amended 10/06/2004) (amended 02/16/2005) (amended 09/05/2007) (amended 08/17/2011)(amended…)
Section 505.Leave for Military Reserve Training / Active Duty. In accordance with state and federal law, all employees will be granted time off from work for annual training obligations or active service in the United States armed services. Employees engaged in active military service will be placed on military leave of absence status. Employees should advise their Department Heads of the dates of their military service as far in advance as possible, unless military necessity prevents such notice. The Town will pay employees the difference between service pay and the employee’s regular compensation for a period up to two weeks in any one-year period, provided that the employee on Reserve Service furnishes his/her Department Head an official statement by military authorities giving his/her rank, pay and allowances. Employees should confer with their Department Heads concerning the rights and requirements of re-employment. (amended 09/05/2007)
Section 506.Jury Duty. The Town shall pay to employees called for jury duty the difference between their regular pay and juror’s pay provided the employee provides an official statement of jury pay received and, reports to work after checking in with the immediate supervisor, if released for the day.
Section 507.Vacation. Vacation privileges are available to all full-time employees at the convenience of the Town of Scarborough. Each full-time employee shall earn vacation with pay on the following basis: a. b. c. d. e.
One (1) work day shall be earned for each completed full month of service during the first through fifth year of employment. One and one-quarter (1 1/4) work days shall be earned for each completed full month of service during the sixth through tenth years of employment. One and one-half (1 1/2) work days shall be earned for each completed full month of service during the eleventh through the fifteenth years of employment. One and three-fourths (1 3/4) work days shall be earned for each completed full month of service during the sixteenth through the twentieth years of employment. After twenty (20) years of service, two (2) work days for each completed full month of service shall be earned.
New employees may be credited with years of service in a similar position for another employer at the discretion of the Town Manager.
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Employees shall accrue vacation days during their probationary period but vacation may only be taken after the successful completion of the probationary period unless otherwise approved by the Department Head. In case a holiday falls within the vacation period, the vacation may be extended to compensate for the holiday. Any paid leave of absence shall not constitute a break in the service record for purposes of calculating earned vacation, except during the probationary period when such absences shall constitute a break in service. (amended 09/05/2007) Employees may be entitled to receive payment for work half the vacation time earned during a calendar year with pay upon approval by the Town Manager. (amended 02/06/02)(amended…) Employees with less than fifteen (15) years of service shall be entitled to accumulate twenty (20) days of vacation. Employees with fifteen (15) years or more of service shall be entitled to accumulate thirty (30) days of vacation. Accrued vacation leave shall be paid to employees upon their separation from the service or to their beneficiary or estate upon their death and, if applicable, in accordance with Section 516. Retirement Health Savings Account. (amended 08/17/2011)
Section 508.Personal Leave of Absence. In exceptional circumstances, a full-time employee may be granted a personal leave of absence without pay and without the accrual of sick and vacation time or contribution by the Town towards any employee benefits. Such a leave of absence may be granted only in the discretion of the Town Manager upon recommendation of the Department Head concerned. Such leave of absence without pay shall not exceed one year in length and shall only be granted when it appears, because of the past record of the employee, or because of the purpose for which the leave is requested, that it is to the best interest of the Town to grant the leave. (amended 09/05/2007) Section 509. (amended…)
Familyand Medical Leave of Absence Policy. (amended 08/17/2011)
(1) Policy The Town’s Family and Medical Leave Act of Absence Policy is established to integrate the provisions and entitlements of the state Maine Family Medical Leave Law and the federal Family and Medical Leave Act (FMLA) family and medical leave laws. These laws are collectively referred to as FML. This policy provides a variety of leave options to help employees balance their work and family responsibilities. Employees who need leave time for their own serious health condition, birth or adoption of a child, care of an immediate family member with a serious health condition, other family responsibilities or military family leave may be granted leave as described below. These policies are complex. For more complete information or questions about specific situations, contact the Human Resources office.
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(2) Eligibility Employees must have at least 12 months of service (not necessarily consecutive) with the Town and have worked at least 1,250 hours during the 12-month period immediately preceding the request for leave. For seasonal and/or temporary positions, the 12-month service requirement will include only those months worked during the season. (3) Basic Family Leave Entitlements This policy provides eligible Town employees up to 12 workweeks of unpaid leave each “rolling 12-month period under the Family Medical Leave (FML) each year: a. For the birth of child and care of a newborn child of the employee; b. For the placement with the employee of a son or daughter for adoption or foster care; c. To care for the employee’s spouse, son or daughter or parent with a serious health condition; d. To take medical leave for a serious health condition expected to last beyond one work week (including a worker’s compensation injury) that prevents the employee from performing the functions of his or her job. If not eligible for FMLA as described above, an employee may qualify for leave under the Maine Family Medical Leave Law. Under this law, an employee who has worked for the Town for 12 consecutive months is eligible for up to 10 work weeks of unpaid Family Medical Leave during any two year period for the employee’s serious health condition, the birth or adoption of a child, including a domestic partner’s child, the serious health condition of a child, domestic partner’s child, parent, domestic partner or spouse, or sibling, or the death of the employee’s spouse, domestic partner, parent, sibling or child who is a covered service member who dies while on active duty. (4) Military Family Leave Entitlements Eligible employees are entitled to up to 12 workweeks of unpaid covered active duty leave during a 12-month period because of any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter or parent (military member) of the eligible employee is on covered active duty or has been called to active duty status as a member of the National Guard or Reserves or regular armed forces in support of a contingency operation. Examples of qualifying exigencies (1) short notice deployment; (2) military events and related activities; (3) include making arrangements for child care,; (4) making financial and legal arrangements to address the service member’s absence,; (5) counseling; (6) parental care; (7) or attending to farewell or arrival arrangements for a service member. (8) rest and recuperation; employees may take a maximum of 15 calendar days for rest and recuperation under the qualifying exigency leave category Eligible employees are entitled to up to 26 workweeks of unpaid military caregiver leave during a single 12-month period to care for a covered military service member with a serious injury or illness, or a covered veteran who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness, if the employee is the spouse, son, daughter, parent or next of kin. This 12-month period occurs using the 12-month period measured forward from the date an employee’s first FMLA leave to care for the covered service member begins. Under Maine law, when an employee’s spouse, domestic partner, or child who is a Maine resident is deployed for military leave in a combat theater or an area where armed conflict is taking place for 180 days or longer, the eligible employee may take up to 15 days of leave. 48
(5) Definitions a. “Spouse” means a husband or wife as defined or recognized under Maine law. b. “Domestic Partner” means the partner of an employee who: i. ii. iii. iv. v. vi.
Is a mentally competent adult as is the employee; Has been legally domiciled with the employee for at least 12 months; Is not legally married to or legally separated from another individual; Is the sole partner of the employee and expects to remain so; Is not a sibling of the employee; and Is jointly responsible with the employee for each other’s common welfare as evidenced by joint living arrangements, joint financial arrangements or joint ownership of real or personal property.
c “Sibling” means a sibling of an employee who is jointly responsible with the employee for each other’s common welfare as evidenced by joint living and financial arrangements. d. “Serious Health Condition” means an illness, injury, impairment or physical or mental condition that involves inpatient care or continuing treatment by a health care provider. e. “Health care provider" is defined as: a doctor of medicine or osteopathy, chiropractor, podiatrist, dentist, clinical psychologist, optometrist, nurse practitioner, nurse mid-wife, or a clinical social worker who is authorized to practice, and performing within the scope of their practice as defined by state law, or a Christian Science practitioner. A health care provider also is any provider that the Town or the employee's group health plan will accept medical certification to substantiate a claim for benefits.
(6) Procedure for Requesting FML Leave All employees requesting FML leave must provide verbal or written notice of the need for the leave to the Human Resources Director. Within five business days after the employee has provided this notice, the Human Resources Director will complete and provide the employee with the DOL Notice of Eligibility and Rights. When the need for the leave is foreseeable, the employee must provide the employer with at least 30 days' notice. When an employee becomes aware of a need for FML leave less than 30 days in advance, the employee must provide notice of the need for the leave either the same day or the next business day. When the need for FML leave is not foreseeable, the employee must comply with the Town’s usual and customary notice and procedural requirements for requesting leave, absent unusual circumstances. (7) Certification Requirements a. Initial Certification. The Town will require that an employee’s request for leave under this policy be supported by certification by a health care provider, or in the case of a qualifying exigency, by the appropriate military documents. Certification will be provided using the appropriate Department of Labor form. The employee must respond to the Town’s request for certification within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave. 49
The Town may require second or third medical opinions (at the employer’s expense) and periodic recertification of a serious health condition. The Town may use a health care provider, a human resource professional, a leave administrator or management official, excluding the employee’s direct supervisor, to authenticate or clarify a medical certification of a serious health condition. b. Recertification. The Town may request recertification for the serious health condition of the employee or the employee’s family member no more frequently than every 30 days unless one of the following occur: circumstances described by the previous certification have changed significantly, the Town receives information casting doubt on the reason given for the absence, or if the employee seeks an extension of his or her leave. The Town may provide the employee’s health care provider with the employee’s attendance records and ask whether need for leave is consistent with the employee’s serious health condition. c. Medical Release to Return to Work. An employee who has been on leave beyond one workweek due to his or her own medical condition is required to provide medical documentation of the employee’s ability to return to work including any medical restrictions that may be applicable. This certification must be received by the supervisor or Human Resources Director prior to the employee returning to work. (8) Designation of Family and Medical Leave Within five business days after the employee has submitted the appropriate certification form, the Human Resources Director will complete and provide the employee with a written response to the employee’s request for FML leave using the DOL Designation Notice. (9) General Provisions (amended…) a. When an eligible employee requests any leave of absence that qualifies under FML, the Town has the right to designate such leave as FML. b. Employees are required to use accrued paid time to cover their regular schedule during FML before taking unpaid leave under this policy unless the leave is otherwise paid through Workers’ Compensation benefits, income protection, or other benefits. Employees may designated the type of accrued leave utilized. Leave taken under this policy may be paid, unpaid or a combination of paid and unpaid leave, depending on the circumstances of the leave and as specified in this policy. c. Leave under this policy (with the exception of military caregiver leave which uses the 12month period measured forward) is computed on a "rolling" 12-month period measured backward. d. The Town places an eligible employee on FML leave when the absence from work is expected to be one workweek or longer. Paid annual leave, sick leave, compensatory time, and leave without pay may be used during the period of FML leave as explained below and in accordance with applicable Town policies. e. Leave on an intermittent basis or on a reduced work schedule may be requested when medically necessary for a serious health condition. Certification from a healthcare provider will be required to show that an intermittent or a reduced schedule leave is a medical necessity. When an employee takes intermittent or reduced schedule leave, time spent working will not be counted against the employee’s leave entitlement. Employees staking intermittent or reduced scheduled leave will be paid for the time they work, and the leave 50
time away from work will be unpaid unless the employee qualifies for Worker’s Compensation, income protection, or other leave benefits. If an employee is an exempt employee, the Town will adjust the employee’s salary based on the amount of time actually worked. f. If both husband and wife work for the Town and each wishes to take leave for the birth and care of their newborn child, adoption or placement of a child in foster care, or to care for a parent (not parent “in law”) with a serious health condition, the husband and wife may only take a combined total of 12, or in the case of military caregiver, 26 weeks of leave. Leave for the birth and care of a child, or placement for adoption or foster care, must conclude within 12 months of the birth or placement. g. Extensions of paid or unpaid leave beyond FMLA entitlements may be approved under some leave policies. (10) Intent to Return to Work from FMLA Leave On a basis that does not discriminate against employees on FMLA, the Town may require an employee on FMLA leave to report periodically on the employee’s status and intent to return to work. (11) Benefit Coverage during During FML Leaves While an employee is on any paid leave (including sick leave, annual leave, and compensatory time),benefit coverage continues with no additional cost to the employee. During an unpaid leave of absence that qualifies as FML leave, health insurance coverage (including dental and/or optical coverage) continues on the same terms as during active employment, with the Town and the employee each paying the customary share of premiums. If the employee is not eligible for FML leave or the employee continues to need unpaid leave after exhausting FML leave, the employee is responsible for both the Town’s and employee cost of continued benefit coverage. If applicable, the employee is responsible for making arrangement for the payment of the employee portion of any premiums that are not fully covered by a Town contribution. Failure to pay the employee portion of the premiums within 30 days of the due date may result in cancellation of enrollment in that plan. If you an employee does not return to work at the conclusion of your FML, approved family and medical leave, you he/she may be liable for payment of the health plan premiums (medical, dental, optical) paid by the Town during any unpaid portion of your the leave. The Town may recover its share of health plan premiums by taking deductions, to the extent permitted by law, from your unpaid wages, if any, vacation pay, or other pay due you. However, you the employee will not be liable for the premiums if your failure to return to work is due to continuation of your his/her own serious health condition or other reasons beyond your his/her control. You Employees will be considered to have returned to work if they you work for at least 30 calendar days commencing with your the scheduled return date. (amended…) The Town’s responsibility to continue an employee’s health plan coverage ends (except for COBRA continuation coverage) upon notice that the employee does not intend to return to work at the end of the approved leave. Employees on unpaid FML may choose to continue other voluntary deductions, including life insurance, at the employee’s expense. Arrangements for premium payments must be made by the employee with the appropriate vendors. 51
(12) Job Restoration Upon return from FML leave, an employee must be restored to the employee's original job, or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment provided that the employee returns to work immediately following the conclusion of family and medical leave. An employee has no greater right to restoration or to other benefits and conditions of employment than if the employee had been continuously employed. (13) Conclusion of FML Employees will separate from employment when FLM is exhausted unless the employee is entitle to additional leave as a reasonable accommodation under the ADA or an extension of paid or unpaid leave is approved by the Town Manager. The Human Resources Department will provide the employee with notice of impending FML exhaustion. If an employee fails to return to work at the end of FML, the employee will be considered to have voluntarily resigned from his/her position with the organization.
Section 510.Leave for Victims of Domestic Violence. In accordance with Maine Law, the Town will grant employees a reasonable and necessary amount of time off from work without pay if an employee is a victim of domestic violence, domestic assault, sexual assault or stalking, and needs the time to: Prepare for or attend court proceedings, Receive medical treatment, or Obtain necessary services to remedy a crisis caused by domestic violence, sexual assault or stalking. Employees must request the leave from the Human Resources Director as soon as circumstances make it clear that time off is necessary. Approval of leave will be dependent upon (a) whether the employee’s absence will create an undue hardship for the Town, (b) whether the employee requested leave within a reasonable time, and (c) whether the requested leave is impractical, unreasonable or unnecessary given the facts made available to the Human Resources Director at the time of the request. If an employee’s leave is approved, the employee will be required to first use any accrued paid vacation, sick or compensatory time before taking unpaid leave. Employees will not be discriminated against for taking or asking for leave. (amended 09/05/2007)
Section 511.Medical Insurance. Currently, the Town offers group medical insurance to full-time eligible employees in accordance with plan provisions and federal regulations. full-time Eligible employees, regardless of probationary status, are eligible on the first day of the month following employment date or at open enrollment. The Town reserves the right to change insurance carriers and/or benefit level as deemed necessary. (amended 08/17/2011) (amended…) Currently, the Town contributes 100 % of the health insurance premiums for all full-time eligible employees. As determined by the Town Manager, t The Town will pay contribute a percentage of the premium for covering additional eligible dependents.and the full-time employee will pay for percentage of the premium of the cost of covering additional eligible dependents. Employees who are currently covered or can be covered under other medical coverage can opt to receive an annual buy-out payment of $1,500 (divided over 52-weeks). Proof of valid medical coverage must be presented in order to be eligible for this option.
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If other health and/or dental coverage ends for any of the following reasons, the employee (and his/her eligible dependents) may still enter the Health and/or Dental programs offered through the Health Trust. (1) Loss of the other insurance coverage due to termination of employment, or a reduction in the number of hours worked. (2) Loss of other coverage because such other coverage is no longer available. (3) A change in contribution required by the other plan. (4) Divorce or legal separation. (5) Death of the spouse. (6) Loss of Medicaid benefits. Employees who are covered by the tTown’s medical insurance at the time of employment termination, who are at least 55 years of age, and who are eligible for retirement benefits under either of the tTown’s retirement programs (i.e. Maine State Retirement or ICMA-RC 401(a)), may continue their coverage (including dependent coverage if in place at time of termination) under the tTown’s medical plan. An employee continuing coverage will do so at his/her expense; there will be no employer contribution. The Town currently provides a Flexible Spending Account Plan for medical and dependent care expenses. [amended 2/17/99] [amended 10/06/2004] [amended 02/16/2005] (amended 09/05/2007)(amended…)
Section 512.Dental Insurance. Currently, dental insurance is available to full-time employees, regardless of probationary status, on the first day of the month following employment. The Town currently pays 50% of the premium for individual coverage for employees, who must pay the remaining premium as well as the premium for any plan providing dependent coverage. All employee contributions shall be by payroll deduction upon the written authorization of the employee. With the exception of COBRA continuation, employees may not carry dental coverage into retirement. [amended 10/06/2004] [amended 02/16/2005] (amended 09/05/2007)
Section 513.Long Term Disability Benefits Full-time employees become eligible for long term disability benefits after six months of continuous active work during employment. Long term disability benefits pay a regular income when an eligible employee is totally disabled and cannot work. Coverage for long term disability benefits begins when an eligible employee begins after 90 days of disability due to the same or a related sickness or injury. Upon eligibility for, or approval of, long term disability benefits, an employee may be asked to resign his or her employment with the Town if there is no medical indication that the employee will be able to return to work with the Town within a reasonable period of time. Coverage for each employee shall be equal to 60% of an employee’s base pay up to a maximum monthly benefit of $5,000 and is based on the District’s policy in effect at the time of coverage. Benefits are available as long as total disability continues, until age 65. Benefits received may be offset by Social Security and/or Maine Public Employees Retirement System. The Town reserves the right to change disability insurance carriers and/or benefit level as deemed necessary. (adopted 08/17/2011)
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Section 514.Income Protection Plan. Full-time employees may participate in the Maine Municipal Association income protection plan upon application therefore and payment of the cost therefore. Eligible employees may purchase income protection at 40%, 55%, or 70% replacement of salary. The cost of this program is dependent upon level of salary. (amended 10/06/2004) (amended 09/05/2007)
Section 515.Retirement. Employees participate in, and are eligible to receive benefits from the following retirement plans:
(1) Voluntary. Employees may participate in either the Maine Public Employees Retirement System (MPERS) or the ICMA 401 plan, but not both: a. Maine State Retirement System. The Town of Scarborough became a participating district in the Maine Public Employees Retirement System (MPERS) May 1, 1971. Part-time or temporary employees who work at least 720 hours in a calendar year and all full-time eEmployees may become a member of the MSRSMPERS in accordance with the Plan’s eligibility requirements. Employer and employee contributions are made to the MPERS plan in accordance with the requirements of the plan and state law. (amended 08/17/2011)(amended…) Information concerning retirement benefits may be obtained from the Maine Public Employees Retirement System in or from the Human Resources Department. (amended 08/17/2011) b. International City Management Association - Retirement Corporation (ICMARC). The Town of Scarborough entered into an agreement with ICMARC for the 401 Money Purchase Plan on 1/1/85. All full-time employees are eligible to participate. Employer and employee contributions are made in conformity with plan requirements. The employee’s contribution of 6% is in the form of a deduction from each paycheck. The Town in turn contributes matching funds. Contributions are deferred from federal and state income taxes until withdrawn. Funds may not be withdrawn until termination of employment. (amended 2/17/99) (amended 08/17/2011) Information concerning retirement benefits may be obtained from the ICMA - RC or from the Human Resources Department. (amended 08/17/2011) Employees contributing to the ICMARC 401 or the MPERS may also contribute to the ICMARC - Deferred Compensation Plan 457 (through payroll deduction up to the annual maximum contribution allowed as approved by the Internal Revenue Service effective January 1st of each year. This contribution is also deferred from federal and state income taxes until withdrawn. Funds may not be withdrawn until termination of employment. Beginning in the year July 1, 1999, the Town will contribute up to an additional 4% to the employees I.C.M.A. ICMA - RC 457 Pplan, whatever the employee chooses to match up to the 4% maximum as elected by the employee. Each employee must designate the level of their participation in the I.C.M.A. ICMA - RC 457 54
match no later than February 24, 1999 in the current year and no later than February 15 in subsequent years. (amended 2/17/99) (amended 08/17/2011 Information concerning retirement benefits may be obtained from the ICMA - RC or from the Finance Department. (2) Involuntary a. Social Security. All municipal employees receive full social security coverage, which includes both the old age, survivors and disability insurance (OASI) program and the hospital insurance (HI) program known as Medicare. Social security contributions are made by both the employee and the Town in compliance with federal law.
Section 516.Retirement Health Savings Eligible employees may participate in the Town’s Retirement Health Savings Account (RHSA) under the following provisions: 1. Probationary employees shall be excluded from participating in the RHSA plan until they have successfully completed their probationary period of six (6) months. 2. Active employees: a. Vacation hours in excess of calendar year end accruals shall be deposited into RHSA. Participants with less than fifteen (15) years of service shall have all vacation hours in excess of 160 accrued hours at the end of the calendar year deposited into RHSA. Participants with fifteen (15) or more years of service shall have all vacation hours in excess of 240 accrued hours and the end of the calendar year deposited into RHSA. b. Holiday hours accrued in excess of ninety-six (96) hours at the end of the calendar year deposited into RHSA. c. Sick hours accrued in excess of seven-hundred and twenty (720) hours at the end of the calendar year shall have twenty-four (24) sick hours deposited into RHSA. 3. Hours Upon Separation a. Sick Leave i. Participants with more than 14 weeks (over 560 hours) of accrued sick hours shall have 50% of the sick hours deposited into RHSA at termination. ii. Participants with more than 4 weeks (over 160 hours) of accrued sick hours shall have 25% of the sick hours deposited into RHSA at termination. iii. Participants with 4 weeks (160 hours) or less of accrued sick hours shall have 0% of the sick hours deposited into RHSA at termination. c. Vacation Leave i. Participants with more than 2 weeks (80 hours) shall have 50% of the vacation hours deposited into RHSA at termination.
ii. Hours will be prorated according to hours worked. 55
Section 517.Optional Benefits. Full-time employees may elect to purchase, through payroll deductions, additional insurance benefits made available by the Town. Information on optional benefit programs is available at the from the Human Resource Department. (amended 08/17/2011)
Section 518.Cessation of Town’s Contribution to Employee Benefits. After 90 days of unpaid leave for any reason, the Town shall cease making employer contributions to any employee benefit plan. Group health and dental insurance may remain in effect if the employee arranges for payment of the premium. At that time, the employee will receive a so-called “COBRA” notice giving the details of how the employee may apply for continuation of health insurance coverage at his or her expense. In the event the employee does not receive the COBRA notice, the employee should contact the Human Resources Director to request the notice. (amended 09/05/2007)
Article VI. SEVERABILITY AND EFFECTIVE DATE Section 601.Severability. The provisions of this Ordinance are severable and the invalidity of any provision of this Ordinance shall not invalidate any other part hereof. Vote: 7 Yeas. Order No. 13-56. Act on the request to certify the results of the School Validation Referendum Election that was held on Tuesday, June 11, 2013. Christine Massengil Chair of the Board of Education thanked the Council for their support and the voters. Motion by Councilor , seconded by Councilor , to move approval to certify the results of the School Validation Referendum Election that was held on Tuesday, June 11, 2013, as follows: Question 1: Vote on FY2014 School Budget Yes: No:
1,490 1,332
Non-Binding expression of opinion: Too High: Acceptable: Too Low:
1,349 496 938
Vote: 7 Yeas. Item 8.
Non Action Items. None at this time.
Item 9.
Standing and Special Committee Reports and Liaison Reports.
Councilor Benedict gave an update on the Rules and Policies Committee. Councilor Blais gave an update on the Senior Advisory Board Committee. Councilor Sullivan gave updates on the Ordinance Committee and the Transportation Committee. Councilor Roy gave updates on the Finance Committee, the Scarborough Chamber Meeting, GPCOG & PACTS, as well as the Energy Committee meeting and the Long Range Planning Committee. 56
Item 10. Town Manager Report. Thomas J. Hall, Town Manager, gave the following updates:
Update on grant awarded by DOT Safe Routes to School $439,00 with a 20% local match – this FY down road MDOT will be resurfacing after labor day the Haigis Parkway to Payne Road and then Ginn Road to Mussey Road, He mentioned the traffic issues with regards to the Dunstan intersection and that this project will go to night work on Monday. There was a $20,000 grant secured training for the IT Department He pointed out that Legislature District lines have changed and updates will be forth coming. He noted that Horizon Solution would be opening soon and they are located on the Haigis Parkway.
Item 11. Council Member Comments.
Councilor Roy mentioned the ribbon cutting at the bathhouse on the Higgins Beach. She congratulated the High School Boys Lacrosse Team and the Girls Softball Team on winning the State Championships. Councilor Sullivan commented on the School validation vote. He further noted that there would be competitions in the Council race this fall and there will be a lot of campaigning through the social media network. Councilor Blaise commented on the Piping Plover population at Higgins beach and noted that even though there have been signs placed to stay away, people still disobey the rules and go where they are not to. He urged individuals to be mindful of signs they are placed in areas for a reason. Councilor St. Clair noted that since the validation vote she has been receiving a lot of negative comments about the action of the Council. Chairman Ahlquist also commented on the validation vote.
Item 12. Adjournment. Motion by Councilor Roy, seconded by Councilor St. Clair, to move approval to adjourn the regular meeting of the Scarborough Town Council. Vote: 7 Yeas. Meeting Adjourned at 8:12 p.m. Respectfully submitted, Yolande P. Justice Town Clerk
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