06-21-2021 Regular Council Meeting Packet Revised

MEETING NOTICE

The regular monthly meeting of the Ellsworth City Council will be held on Monday, June 21 , 2021 at 7:00 PM in the Ellsworth City Hall Council Chambers.

Meetings will be broadcast live on:

Facebook: https://www.facebook.com/ellsworthme Y ouTube: https://www.youtube.com/c/CityotEll sworthMaine Spectrum Channel 1303

AGENDA-CC 1. Call to Order.

2. Pledge of Allegiance.

3. Rules of Order.

4. Adoption of the Ellsworth City Council minutes from the following meeting (s): i April 19, 2021 Regular Meeting. (Tabled at the May 17, 2021 Regular Council meeting) ** i. May 17, 2021 Regular Meeting. **

5. City Manager' s Report.

6. Committee Reports.

7. Citizens' Comments.

8. Presentation of Awards.

UNFINISHED BUSINESS

9. Council Order #042108, Discussion and action on supporting the bike/pedestrian path extension project with local support through a future funding source. (Sponsored by Councilor Blanchette; tabled at the April 19, 2021 and May J 7, 2021 Regular Council meetings). **

10. Council Order #052109, Discussion and action on a proposal to change the start time of the Council meetings to 6:00 PM. (Sponsored by Chair Hamilton; tabled at the May 17, 2021 Regular Council meeting)

CONSENT AGENDA

pg. 1 ** - Agenda items containing backup material. * ** - Consent Agenda items containing backup material. CONSENT AGENDA: All items with an asterisk(*) are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Council member so requests, in which event, the item will be removed from the Consent Agenda and considered in its normal sequence on the Agenda.

11. Council Order #062100, Request of the Deputy Treasurer/Tax Collector to set the real estate and personal property tax due dates at September 9, 2021 and March I 0, 2022. * **

12. Council Order #06210 I, Request of the Deputy Treasurer/Tax Collector for an Order of the Municipal Officers on the application of real estate and personal property tax payments. This order will allow for the Tax Collector and Treasurer to apply tax payments against the oldest unpaid tax bills. * **

13. Council Order #062102, Request of the City Clerk for review and acceptance of the results from the June 8, 2021 City of Ellsworth School Budget Validation Special Municipal Referendum Election. * **

NEW BUSINESS

14. Public hearing and action on the application (s) for new or renewal for the following license (s): • Pavida Visetrut Young d/b/a Thai Sana, 321 High Street, for renewal of a City Class C License (Liquor and Victualer) and renewal of a State Restaurant Malt and Vinous (Class III and IV) Liquor License. ** • Luhrs Empire Inc. d/b/a DragonFire, 248 State Street, for renewal of a City Class B License (Victualer, Liquor, and Arcade < 12 devices) and renewal of a State Restaurant (Class III and IV) Malt and Vinous Liquor License. ** • Giri Ellsworth Inc. d/b/a Ramada by Wyndham Ellsworth, 215 High Street, for a new City Lodging license. **

15. Council Order #062103, Appointment of City Officials by the City Council. ** a. New appointment - Joshua Mcintyre, Treasurer b. Reappointments.

16. Council Order #062104, Approval of City Manager's appointments. ** a. New appointments - Joshua Mcintyre, Finance Director b. Reappointments.

17. Public hearing and action on Council Order #062105: Authorization for Tax Anticipation Borrowing ($2,000,000). **

18. Public hearing and action on Budget Resolutions for FY 2022. **

pg. 2 **-Agenda items containing backup material. * ** - Consent Agenda items containing backup material. 19. Council Order #062106, Request of the Deputy Treasurer/Tax Collector to set the interest rate on overdue taxes. **

20. Council Order #062107, Request of the Interim Fire Chief to accept a revised agreement between the City of Ellsworth and the County of Hancock to provide fire protection and emergency services to Fletcher's Landing Township for a term of three years. **

21. Public hearing and action on amendments to the City of Ellsworth Code of Ordinances, Chapter 4, Fire Prevention Codes and Ordinances. **

22. Executive Session to discuss labor negotiat1ons between the City of Ellsworth and the Massachusetts and Northern New England Labor's District Council on behalf of Local 327, Ellsworth Wastewater Treatment Plant Unit in accordance with MRSA Title 1, Chapter 13, Section 405, Paragraph 6D. (Request to remove)

23. Council Order #062108, Action on labor negotiations between the City of Ellsworth and the Massachusetts and No11hem New England Labor's District Council on behalf of Local 327, Ellsworth Wastewater Treatment Plant Unit. (Request to remove)

24. Council Order #062109, Action on approving the Annual Report for Tax Year April 1, 2020 through March 31, 2021 Affordable Housing Tax Increment Financing Dist1icts. **

25. Adjournment.

pg. 3 ** - Agenda items containing backup material. * ** - Consent Agenda items containing backup material. RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

In accordance with An Act To implement Provisions Necessary to the Health, Welfare and Safety of the Citizens of Maine in Response to the COVJD-1 9 Public Health Emergency, as enacted to read: Sec G-1 I MRSA §403-A Public proceedings through remote access during declaration of State of Emergency due to COVJD-19, the meeting will be held live at I City Hall Plaza in the City Hall Council Chambers with only the allowable number of participants according to the Governor's executive orders. Citizens may email questions and public comments on the public hearing agenda items as well as other items this evening to Councilor Robert Miller at [email protected] prior to and throughout the duration of the meeting. The meeting will be broadcast live on the City of Ellsworth, Maine Facebook page and YouTube Page; as well as recorded and made available live on Spectrum Channel 1303. Facebook: https://www.facebook.com/ellswo1thme YouTube: https://www.youtube.com/c/CityofEllsw01thMaine

Call to Order. Call to Order.

City Clerk Heidi-Noel Grindle called the April 19, 2021 Regular meeting of the Ellsworth City Council to order at 7:00 PM.

Selection ofChair Pro-Tem. Selection of Chair Pro-Tern. City Clerk Heidi-Noel Grindle called for nominations on Chair Pro-Tern for the evening. Councilor Miller nominated Councilor Phillips for Chair Pro-Tern. Councilor Blanchette seconded the nomination. Seeing no further nominations for Chair Clerk Grindle declared nominations closed for Chair Pro-Tern.

Clerk Grindle called for a vote on the nomination for Phillips as Chair Pro-Tern:

It was by unanimous vote Councilor John Phillips was elected as Chair Pro-Tern for the evening.

Pledge ofAllegiance. Pledge of Allegiance.

All stood for the pledge of allegiance.

Rules ofOrder. Rules of Order. RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

Adoption of minutes from the following meeting (s) of the Ellsworth City Council: Approved - Tabling )- March 15, 2021 Regular Meeting. (Request to table) the adoption of the Ellsworth City On a motion by Blanchette, seconded by Miller, it was unanimously Council minutes from the March 15, RESOLVED to approve tabling the adoption ofthe Ellsworth City Council 2021 Regular minutes from the March 15, 2021 Regular Council Meeting. Council Meeting.

Cily Manager's Report. City Manager's Report. Glenn Moshier, City Manager noted there are a few people in the hallway that would like to speak during agenda item #16. Moshier clarified there have been some organizations that have contacted the City concerning reservations for events at either Harbor Park or Knowlton Park. The City has been waiting to permit reservations due to the current COVID situation with the goal of waiting until the Governor felt it was time to reduce the requirements and restrictions. As of May 24, 2021 outdoor gatherings are scheduled to go to 100% occupancy at which time barring any changes in the Governor's current policy the City will start accepting reservations for those locations. There will be the caveat that any enforcement of mask mandates or any other requirements by the State for outdoor events will be handled by the individual organizations. The enforcement piece will not be the responsibility of the City to ensure those guidelines are followed.

Committee Reports. Committee Reports.

No reports this month.

Citizens' Comments. Citizens' Comments.

Councilor Miller read into the record an email from Toni Buzzard concerning the City Basketball Courts. See attachment # I for the complete email.

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UNFINISHED BUSINESS Unfinished Business.

Public hearing and action on amendments to the City ofEllsworth Code of Approved Ordinances, Chapter 14, Licenses and Permits Ordinance. (Tabled at the Removing December 21, 2020 Council meeting). permanently from the agenda action on See attachment #2 for the complete request from Dwight Tilton, Code Enforcement amendments to the Officer. City of Ellsworth Code of Ordinances, On a motion by Blanchette, seconded by Miller, it was Chapter 14, Licenses and Permits

RESOLVED to approve removing permanently from the agenda action 011 Ordinance. amendments to the City ofEllsworth Code ofOrdinances , Chapter 14, Licenses and Permits Ordinance.

Prior to a vote being taken on the above motion, Dwight Tilton, Code Enforcement Officer explained when this request was reviewed in December of2020 some very important concerns were brought up. These included what the impact would be on the Girl Scouts and other similar groups. Tilton thought the way the economy was heading at this time and the restrictions being reduced he doesn't think there will be that many vendors coming into Ellsworth to sell their lobsters. Tilton noted if the pattern that was seen last year becomes a problem again this year, staff will be more than happy to step in and address Chapter 14, Licenses and Permits Ordinance. At this time, Tilton doesn't see the need to amend the Ordinance. Tilton explained by removing this request from the agenda it doesn't have to keep coming back month after month.

A final vote was taken on the above motion with all members voting unanimously in favor.

Council Order# 122005, Discussion and action on EMS Services within the City of Approved - Tabling Ellsworth. (Tabled at the December 21, 2020, January 11, 2021, February 8, 2021, action on Council and March 15, 2021 Regular Council meetings). Order #122005, Discussion and action

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DATE: APRIL 19, 2021 TIME: 7:00 PM PLACE: ELLSWORTH CITY HALL COUNCIL CHAMBERS CITY COUNCIL PRESENT: BLANCHETTE, GRINDLE, KAPLAN, LYONS, MILLER, AND PHILLIPS. CITY COUNCIL ABSENT: HAMILTON KEY SPEAKERS PRESENT: CITY MANAGER GLENN MOSHIER, ADAM WILSON, DWIGHT TILTON, LISA SEKULICH, GARY SAUNDERS, AND HEIDI GRINDLE. Glenn Moshier, City Manager read into the record a portion of the response from on EMS Services Northern Light that indicated where they stood on this issue. The portion of the within the City of response Moshier read stated "we appreciate your input and have reviewed the Ellsworth and the comments by your attorney; however, this agreement matches all the other Emergency Medical agreements we have in place within Hancock County communities. We prefer to Services Agreement. keep standard approach as we have the past three years. We plan to staff two (Previously tabled at ambulances with advanced EMT level or above in Ellsworth, which will be the December 21, available to respond unless on calls elsewhere. Moshier explained the agreement 2020, January 11, was forwarded to the City attorneys who in tum had some requests, those went to 2021, February 8, the legal department within Northern Light and essentially they returned the 2021, and March 15, document to the City stating the service agreement they submitted is the one they 2021 Regular would like to move forward with. Chair Pro-tern Phillips summarized Northern Council meetings). Light has no desire to modify the agreement the City received other than the negotiated terms of reimbursement. Moshier did not feel like the Council had enough information to act on this request this evening as it was unlikely anyone would be able to recall what the exact wording of the proposed contract was. Moshier questioned whether the Council would prefer to go back to the EMS Committee first before bringing the request back to the Council or just bring the service agreement back to the Council directly in May for a final decision and vote. Phillips noted at this point no other avenue has been found or explored; some people have been looking into this issue, and the other ambulance services have reviewed the situation and decided that it is not profitable enough to pursue. At this point it does not appear the City has any other choice in resolving this concern. Moshier stated the City has explored some other options and they did not materialize because they were not cost effective. Moshier thought next month the original service agreement could be brought forward after the full Council had an opportunity to review the contract. Councilor Kaplan thought it might be beneficial to hold one more EMS committee meeting before the next Council meeting. Moshier also noted Northern Light has provided the City with a written notification that they will be vacating the Ellsworth Fire Department as of July 31 , 2021. Councilor Blanchette was concerned with the contract language that states there would be two units to respond; what they don't say and what is happening, that is two units for all of Hancock County. There have been situations where both units are responding to calls in different towns which cun-ently leaves Ellsworth without an ambulance. Councilor Miller clarified there is another unit that is located in Holden that can respond to a call in Ellsworth as well. The contract indicates they will station an additional unit in Lucerne to cover and then after that they will send a unit if available. The consensus of the Council was the situation is not ideal;

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On a motion by Blanchette, seconded by Miller, it was unanimously

RESOLVED to approve tabling action on Council Order #122005, Discussion and action on EMS Services within the City ofEllsworth and the Emergency Medical Services Agreement. (Previously tabled at the December 21, 2020, January 11, 2021, February 8, 2021, and March 15, 2021 Regular Council meetings).

CONSENT AGENDA Consent Agenda.

CONSENT AGENDA: All items with an asterisk(*) are considered to be routine Approved - Consent and will be enacted by one motion. There will be no separate discussion ofthese Agenda as presented items unless a Council member so requests, in which event, the item will be this evening. removed from the Consent Agenda and considered in its normal sequence on the Agenda.

Council Order #042100, Request ofth e Recreation Commission to accept the Approved - CO resignation ofthe following members: Benton Bird and Lillian Frank - terms to #042100, resignation expire on June 30, 2021, and Amy Phillips - term to expire on June 30, 2022. * of B. Bird, L. Frank, and A Phillips from Rec Commission.

Council Order #042101, Request ofthe City Clerk for appointment of Wardens and Approved - CO Ward Clerks for the four voting districts within the City ofEllsworth for the June 8, #042101, 2021 City ofEllsworth School Budget Validation Special Municipal Referendum appointment of Election. * Wardens/Ward Clerks for 6/8/2021 See attachment #3 for the complete list as presented. Election.

Council Order #042102, Request ofth e City Clerk for approval on setting the Approved - CO polling places opening time as 8 AMfor the June 8, 2021 City ofEllsworth School #042102, June 8, Budget Validation Special Municipal Referendum Election. * 2021 election polling places to open at 8 1

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On a motion by Kaplan, seconded by Lyons, it was unanimously

RESOLVED to approve the Consent Agenda as presented this evening.

NEW BUSINESS New Business.

Public hearing and action on the issuance ofBusiness License (s):

Finn 's Irish Pub, Inc. dlb/a Finn 's Irish Pub, 156 Main Street, for renewal ofa City Approved - Finn's Class B License (Amusement, Victualer and Liquor) and renewal ofa State Irish Pub, Inc. d/b/a Restaurant (Class 1, II, 111, IV) Malt, Spirituous, Vinous Liquor License. Finn's Irish Pub, 156 Main Street, for The staff reports the premises are in compliance with required codes and ordinances renewal of a City necessary to issue the requested licenses. Class B License (Amusement, Public hearing was opened. Victualer and Liquor) and renewal There were no comments from the public. of a State Restaurant (Class I, II, III, IV) Public hearing was closed. Malt, Spirituous, and Vinous Liquor On a motion by Blanchette, seconded by Kaplan, it was unanimously License.

RESOLVED to approve the request ofFinn's Irish Pub, Inc. dlhla Finn's Irish Pub, 156 Main Street, for renewal ofa City Class B License (Amusement, Victualer and Liquor) and renewal ofa State Restaurant (Class I, ll, III, IV) Malt, Spirituous, and Vinous Liquor License.

Ellsworth No. 1, LLC, dlb/a Hampton Inn - Ellsworth, 6 Downeast Highway, for Approved renewal ofa City Lodging License. Ellsworth No. 1, LLC, d/b/a Hamptor The staff reports the premises are in compliance with required codes and ordinances Inn - Ellsworth, 6 necessary to issue the requested licenses. Downcast Highway, for renewal of a Cit) Public hearing was opened. Lodging License.

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Public hearing was closed.

On a motion by Lyons, seconded by Kaplan, it was unanimously

RESOLVED to approve the request ofEllsworth No. 1, LLC, d/b/a Hampton Inn - Ellsworth, 6 Downeast Highway, for renewal ofa City Lodging License.

Ellsworth Rl, LLC, d/bla Ellsworth Ramada, 215 High Street, for renewal of a City Approved - Lodging License. Ellsworth RI, LLC, d/b/a Ellsworth The staff reports the premises are in compliance with required codes and ordinances Ramada, 215 High necessary to issue the requested licenses. Street, for renewal of a City Lodging Public hearing was opened. License.

There were no comments.

Public hearing was closed.

On a motion by Kaplan, seconded by Lyons, it was unanimously

RESOLVED to approve the request ofEllsworth RI, LLC, dlb/a Ellsworth Ramada, 215 High Street, for renewal ofa City Lodging License.

Cresswell Investments, LLC dlb/a Airline Brewing Company, 173 Main Street, for Approved - Cresswell renewal ofa City Class B License (Victualer, Liquor, and Amusement) and renewal Investments, LLC of a State Restaurant (Class III and JV) Malt and Vinous Liquor License. d/b/a Airline Brewing Company, The staff reports the premises are in compliance with required codes and ordinances 173 Main Street, for necessary to issue the requested licenses. renewal of a City Class B License Public hearing was opened. (Victualer, Liquor, and Amusement) and There were no comments. renewal of a State Restaurant (Class III Public hearing was closed. and IV) Malt and

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RESOLVED to approve the request of Cresswell Investments, LLC dlbla Airline Brewing Company, 173 Main Street, for renewal ofa City Class B License (Victualer, Liquor, and Amusement) and renewal of a State Restaurant (Class III and IV) Malt and Vinous Liquor License.

Public hearing and action on amendments to the City ofEllsworth Code of Approved Ordinances, Chapter 60, Property Maintenance Ordinance. Amendments to the City of Ellsworth Dwight Tilton, Code Enforcement Officer explained on August 19, 2013, Ellsworth Code of Ordinances, developed a hybrid of what the International Building Code had for a Property Chapter 60, Property Maintenance Ordinance. The reason this was necessary for the City of Ellsworth Maintenance was the City was having a problem with tenants not allowing access to their Ordinance as apartments and would lock the rooms. This Ordinance would also allow the Code presented this Enforcement Department the ability to locate dangerous and abandoned homes. All evening (attachment of these concerns are already addressed within this Ordinance; tonight Tilton would #5). like to add language under Section 17, Dangerous Buildings. This additional language will help the public realize it is not just the City making this information up, this is a State law. Once this language is added the Code Enforcement Office can address the concerns and find a way to work with the property owners. See attachment #5 for the complete request and proposed amendments. Tilton explained typically when the case goes to court, the City will win; however, the City's costs are not always recuperated. Tilton provided an example of a case the City recently worked through in regards to this concern. In some cases the City can clean up the property and assess a special tax to the property owners so that the City can recoup their costs in the cleanup. In other cases the City will take ownership of a property through tax liens, cleanup the property and then sell the property in order to get the money spent on the property back. The City is currently in the process of taking ownership of two homes that will need to be demolished or sold. Tilton reminded the Council that at the time this topic came up before Councilor Blanchette had mentioned taking the revenue from those sales would be a great way to start the seed money for removing these homes instead of using tax dollars. Tilton stated if this amendment is passed he would recommend setting up a fund with the revenues received from the property on McGown Hill and the Wallace property on the Bangor Road. Councilor Kaplan had several questions as well as concerns about this topic. Section 105.3 The Right of Entry, after Kaplan read into

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DATE: APRIL 19, 2021 TIME: 7:00 PM PLACE: ELLSWORTH CITY HALL COUNCIL CHAMBERS CITY COUNCIL PRESENT: BLANCHETTE, GRINDLE, KAPLAN, LYONS, MILLER, AND PHILLIPS. CITY COUNCIL ABSENT: HAMILTON KEY SPEAKERS PRESENT: CITY MANAGER GLENN MOSHIER, ADAM WILSON, DWIGHT TILTON, LISA SEKULICH, GARY SAUNDERS, AND HEIDI GRINDLE. the record the wording within the Ordinance she stated this goes against the rights of privacy, unreasonable search and seizure and similar rights. Kaplan felt a lot of the items within the entire Coder were subjective. Words such as unsanitary, unsightly are subjective, Tilton agreed with Kaplan. There are also references to being an attractive nuisance and Kaplan provided examples of other things a person may see as an attractive nuisance opposed to a building. Kaplan questioned what right the City would have if a property owner had posted a no trespassing sign to say that an abandoned building is an attractive nuisance. Kaplan provide examples of different scenarios that might cause a building to appear abandoned; the Ordinance doesn't say the building has to be dilapidated, it just has to be abandoned. Kaplan felt there were too many risks to the taxpayer; there were concerns with the language of something being obsolete. She questioned what type of building would be obsolete; her concern was demonstrated through an example of a specific heating source in a building to be seen as obsolete based on a time in history when Green Committees are strong and encouraging a greener type of heating source to be used. Kaplan would like to see more clarity on what specifically allows the City to take over a property, away from a homeowner, additionally the violation fine could be up to $2,500 a day. Kaplan noted if a person cannot afford to fix their property, does the Council honestly think the property owner can afford that fine per day. Tilton stated that requirement is from State Statute and is not a City decision. Councilor Lyons questioned who makes the determination that a property is an eyesore or wondered if this is more of an issue that the property owner has not been paying the taxes. Tilton explained this Ordinance is about unsafe buildings; the Code Enforcement Department is concerned with the health, safety, and welfare of the residents. In the 40 years Tilton has been a Code Enforcement Officer there has been one time (he does not go on people's property without their permission) he secured a warrant to enter a house. This one time he was forced to take this route, there were 70 cats living in that dwelling and there were 2" of cat feces on the sideboard. Tilton was made aware of this situation from complaints from the neighbors and others affiliated with the dwelling. Tilton's point was he has been in this career a long time and he does not just enter a property to take a person' s home; he has had a lot of pressure over the past 10 years to take care of some of these homes and he has resisted that pressure. At that time he didn't feel the City had the resources and he didn't feel the properties were in that bad of shape; he also doesn't mind sticking his neck out for people that are having a difficult time. Kaplan acknowledged that was Tilton's style; however, was concerned once it was put into statute would be reliant on any future Code Enforcement Officer's interpretation. Tilton explained that this

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DATE: APRIL 19, 2021 TIME: 7:00 PM PLACE: ELLSWORTH CITY HALL COUNCIL CHAMBERS CITY COUNCIL PRESENT: BLANCHETTE, GRINDLE, KAPLAN, LYONS, MILLER, AND PHILLIPS. CITY COUNCIL ABSENT: HAMILTON KEY SPEAKERS PRESENT: CITY MANAGER GLENN MOSHIER, ADAM WILSON, DWIGHT TILTON, LISA SEKULICH, GARY SAUNDERS, AND HEIDI GRINDLE. Ordinance has existed since 2013; the only amendment he is making tonight is adding language to illustrate that it is based on a State Statute. Councilor Phillips clarified the language being added this evening is Tilton copying the text from the State Statute and adding it to the existing Ordinance word for word. Phillips further stated the State Statute covers the City whether the actual wording is added to the Ordinance or not. Tilton stated if the City did not have this Ordinance in any capacity then the State Statute would still stand and the City could still use Title 17. Even though the State Statute covers the City, Tilton wanted to add the language to the local Ordinance as well because when property owners see this City Ordinance they believe it is the City that did it or requires this process. Tilton wanted the property owners to understand this is based on a State Statute. Councilor Blanchette used pictures of a dangerous building to demonstrate the other risks these buildings pose to the City. The foundation of the building had holes large enough for children or even an adult to fit through; this building was abandoned approximately 12 years ago. The timbers that support the same building reflect that of a dangerous building. The owner has done nothing to get rid of this problem, there are animals that live in the building, and small children could find this as an attractive nuisance; Blanchette is trying to stop that risk from happening in Ellsworth. After reviewing many pictures of different dangerous aspects of the building, Blanchette adamantly stated the City does not need buildings such as this as they do nothing to promote the City or attract people to the neighborhoods. One house up from this one was rehabbed along with the property in the range of tens of thousands of dollars a couple of years ago; however, they still have to look at this one. This house should have been tom down at least a decade ago and yet it has been allowed to stand. Blanchette noted at his last count there are 7 homes in Ellsworth that are in similar shape to this one or even worse; the City owns one of them. Blanchette felt this situation has gone on long enough and the City cannot allow this to continue any longer. Lyons asked what the owner would like to do with the property; Blanchette stated they do not want to do anything with it. Blanchette was suggesting the City pass trus Ordinance, then remove the structure, and place on a lien on the property to recoup the City's expense through a supplemental tax. Lyons clarified if the owner cannot afford to pay the lien off then the City would take their property. Tilton stated this process would go through the Court System; the City Council could not just vote to tear the structure down. It involves a legal process; that is why it is important to have seed money so it does not become a burden on the taxpayers. Generally, a property owner is not acceptable to the City ordering them to tear a dangerous building down with the intention of then selling the property. Phillips asked what the steps would be to

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DATE: APRIL 19, 2021 TIME: 7:00 PM PLACE: ELLSWORTH CITY HALL COUNCIL CHAMBERS CITY COUNCIL PRESENT: BLANCHETTE, GRINDLE, KAPLAN, LYONS, MILLER, AND PHILLIPS. CITY COUNCIL ABSENT: HAMILTON KEY SPEAKERS PRESENT: CITY MANAGER GLENN MOSHIER, ADAM WILSON, DWIGHT TILTON, LISA SEKULICH, GARY SAUNDERS, AND HEIDI GRINDLE. decide to demo a dangerous building or not. Tilton explained he would reach out to the property owner, create a paper trail before going to court, if the property owner refuses to go, the Council will hold a public meeting to decide if the house is safe or not, once determined to be an unsafe dwelling, prior to that the Code Enforcement Office would have an engineer determine the building is not structurally sound. This determination is not something the City would want a staff member to make because it could be challenged if the person does not hold the credentials to state it is not structurally sound. If thjs all goes through then the City attorney present the entire case in a court of law. Tilton stated typically the City will win the case; however, normally the City does not recoup all of their expenses. Phillips clarified once the process is followed and completed the City will have time invested by the Code Enforcement Office, a substantial amount of money tied up with an attorney fees, the expense of having the buildings torn down which include labor fees, and disposal fees. At this point the owner that does not have the money to pay for all these fees will be presented with a bill and ultimately the City will either seizing the property or putting a lien on the property which in a majority of cases results in a foreclosure on the property at some point. Phillips noted at this point the City could have between $20,000 and $40,000 tied up in removing the building. Blanchette noted at that point the City has removed a dangerous building that will avoid a potential accident due to children playing in or around. Phillips noted Ellsworth is not unique in this situation. Kaplan stated she can understand the entire safety concern or issue is with the wording "obsolescence" and "abandonment"; she further wondered how long a person would need to be away from their property before it is considered abandoned. Tilton stated the majority of Code Enforcement Officer do not consider the abandonment part as long as the taxes are paid and the house is being maintained it is not an issue. The issue comes in when a property owner walks away from the property, the windows start to become broken out and transient people are possibly moving in which has happened in Ellsworth before, then it becomes a concern. A few different scenarios were discussed as a way of demonstrating whether or not a property would or would not lose their property rights according to this Ordinance. Tilton explained under the language within Chapter 60 it does allow the Code Enforcement Officer to request the building be boarded up and secured; if they are unable to do that the City can perform that work and give them a small bill for that cost. There are other ways to address this concern if the property owner is willing; taking a person's property is an extreme case. Kaplan inquired if there is a definition for an obsolete building or a description of what obsolescence would constitute. Tilton did not have the complete Ordinance with him this evening; however, stated he would find out.

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Public hearing opened.

David Burks, Ellsworth resident/neighborhood where the property is located that Blanchette showed to the Council this evening. Burke supported the proposal to strengthen the Ordinance tonight at the current time is does not appear the Ordinance is strong enough to correct the concerns. Burke described a few other buildings that would fall under this category and the need to remove those or hold them to the standards found within Chapter 60 of the Code of Ordinances. He understood the property rights issue and recognized that was important but the neighbors should have the right to live in a neighborhood that doesn't look like it does. Lyons clarified the exact language from the current Title 17 of State Law is just being added to the existing Ordinance language; absolutely nothing else is being added or taken away from the current Chapter 60 City Ordinance.

Public hearing closed.

On a motion by Lyons, seconded by Blanchette, it was

RESOLVED to approve the amendments to the City ofEllsworth Code of Ordinances, Chapter 60, Property Maintenance Ordinance as presented this evening (attachment #5).

A vote was taken on the above motion with 5 members voting in favor (Blanchette, Grindle, Lyons, Miller, and Phillips) and 1 member voting in opposition (Kaplan).

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See attachment #6 for prepared statements from Audrey Tunney, Dale Jellison, Andy Hamilton, and Layne Rowe.

Audrey Tunney, property owner on Green Lake, member of the Hancock County Lakes Association, and President of the Green Lake Association spoke on behalf of both of those organizations this evening. Hancock County Lakes Association is an alliance of the individual lake associations in the area to help one another and support one another particularly in environmental protection of the lake. Tunney stated the Green Lake Association has worked with the community at Green Lake for many years; their purpose is to advance and promote Green Lake as a valuable natural resource. The focus is on environmental protection, which includes wildlife. Other topics of protection include water quality, recreational safety, limitation of noise and light pollution. These objectives are met through programs, publications, and educational opportunities. They are available to help the property owners become the best stewards possible, to protect the lake and in so doing protect their property values. The shore front values are an important part of Ellsworth's tax base. Tunney stated owners of property around the lakes have been and are about to be more substantially affected by individuals mooring out in front

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Tunney introduced Dale Jellison, a member of the Green Lake Association and property owner at Green Lake who has been involved in researching this issue as well as participating in the public hearings for LD 626. Jellison stated on March 15, 2021 the IFW committee (State committee) that is chaired by Senator James Dill introduced LD 626. During that testimony, Tim Peabody, Deputy Commissioner for IFW presented several different issues that he felt the Committee should hear. Representative Steams explained the focus is related to floating camps as he described a situation on Moosehead Lake. In this area a floating camp is rented out to the public, it is moored near a shoreline in front of a house. This is not a new issue, IFW and Department of Agriculture Conservation and Forestry (DACF) have dealt with several scenarios similar to this on Rangeley, Sebago, Long, and Androscoggin lakes just as an example. Jellison noted this is a cross jurisdictional issue that impacts both DACF and IFW's authority as well as municipal ordinance in some situations. Peabody went on to explain these static floating homes or camps that are connected to moorings displace water surface on great ponds that are held in public trust for citizens to have free access to navigate. Having no way to stop or minimize the number of these structures that are moored within the water safety zone could and does in some cases greatly impact navigation for commercial and recreational boating activity. The submerged lands program housed within DACF has rules that prohibit non-water dependent uses such as floating houses or camps but doesn't have a mechanism to enforce them. Jellison stated having structure such as the ones described often creates issues of waste disposal, a lack of maintenance, and subsequent material settling at the bottom of the lake. Many times the owner does not have the means to take care of it and the work to recover materials falls on a State Agency or a municipality to clean it up. According to Jellison both IFW and DACF agree this issue needs to be addressed and are fully supportive of the discussion due to the complexities

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Andrew Hamilton, an attorney at Eaton Peabody in Bangor and property owner on Green Lake. Hamilton clarified there is no proposed measure before the City Council this evening. He noted liberties in a public setting involves balancing those with property rights and public good. Three communities that have acted are strictly freshwater communities having no coastal waters to be concerned with. The City has dealt with houseboats in the coastal context on the Union River. Hamilton gave details on the situation in Rangeley that lead to the regulations that were implemented in that area. One requirement is to register the mooring if mooring the craft in front of private shorefront properties; the fee is very low and made payable to the town. According to Hamilton, the town collects more in mooring fees than they pay to enforce the requirement. The request did not include a measure this evening because Hamilton is very respectful of the rights of those who would like to navigate on the great ponds and his group would like to hear what the boat owners have to say. The City has asked their legal counsel if they have the authority to regulate houseboats on a great pond and consistent with what other municipalities across Maine have done the City's attorney has determined the City does have the authority to regulate on a great pond. Hamilton noted to his knowledge the City is supportive of legislative efforts to strengthen the State's oversight of houseboats on great ponds. At this time Hamilton is only asking for the City Council's permission to work with City staff to bring options back to the City Council to regulate houseboats on the great ponds within the City. It was his understanding the City staff would like the City Council's support to work on this in a way that first preserves the shorefront property values on the great ponds, does not impose heavy costs of enforcement on the City but continues the City's tradition of working with the State, and that balances reasonable use of the great ponds by houseboats with all other users and shorefront owners on the great ponds. Hamilton was not opposed to one houseboat for a few weekends it is not a problem

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Representative Sherm Hutchins who represents one third of Green Lake through representing Dedham and Lucerne. The Committee has decided to continue the discussion in about a year after a study is conducted on this topic in order to gain insight and possible recommendations.

Terry Pinkham, residence on Nicolin and Bangor Road in Ellsworth, spoke concerning the earlier concerns with wildlife endangerment in connection with a houseboat or floating structure, pollution from gray or black water including debris that might be coming off the boat itself, and noise or light. Pinkham provided his expertise in the fields of being a master Maine guide, hunter, fishing recreationally and commercially as a commercial boat operator as well as being a steward of the environment. Pinkham stated every person who joins him also follows those guidelines. He is concerned that this discussion will lead to taking away the ability for kids and other people to get on a houseboat, swim, and enjoy themselves. Pinkham does have a house float, it is not a boat; it does not have a motor. Everyone who has the opportunity to be on the house float enjoys the experience

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DA TE: APRIL 19, 2021 TIME: 7:00 PM PLACE: ELLSWORTH CITY HALL COUNCIL CHAMBERS CITY COUNCIL PRESENT: BLANCHETTE, GRINDLE, KAPLAN, LYONS, MILLER, AND PHILLIPS. CITY COUNCIL ABSENT: HAMILTON KEY SPEAKERS PRESENT: CITY MANAGER GLENN MOSHIER, ADAM WILSON, DWIGHT TILTON, LISA SEKULICH, GARY SAUNDERS, AND HEIDI GRINDLE. according to Pinkham and they try to be respectful to everyone else. He provided a picture of the house float (see attachment #6 A and B), it is not the eyesore it is being described as. Pinkham noted this same group of people spend the entire winter on the pond ice fishing; at times there are approximately 100 permanent ice shacks that stay in that area all winter. This does not include the day/weekend users of the lake. The winter use is the same principle except there are more of them and it is not so hard to look at if you are not here during that time of the year. Pinkham would like to keep using the house float and their ability to use it at this location, respectfully; he did not want to see any of his liberties taken away either. In this State they have been able to do what they want when they want as far as it come to recreational fishing, hunting, boating, and playing in that nature. Pinkham questioned whether this was a topic the City Council even discusses or is this a State issue. Chair Pro-Tern Phillips noted at this point the concern is governed by State Laws primarily and the current request is for the City Council to enact some standards or ordinances that may affect it. Phillips noted this is the beginning of a process. Councilor Blanchette clarified the structure does not have a motor. In response to Blanchette's question of whether there is a bathroom facility on the structure, Pinkham noted there is a self-composting vanity inside (similar to a sailboat toilet). The floating house Pinkham owns is 24' long with 8-10 people on it, at times slightly more people will join the group, while other people raft up next to the structure. This appears to be a common occurrence all over the lake. They do have the facilities to take care of waste in an emergency situation, there is also a public outhouse at the Green Lake boat launch on the Nicolin Road which gets used quite often. Often times people associated with the floating house will not feel comfortable using the self-composting style facility so they will go over to the boat launch portable restroom instead. Pinkham stated there is not a set capacity limit because it is a float; Pinkham was not sure what the capacity of the composting toilet was. The toilet is approximately 2' wide by 3' tall and contains sanitized bags inside of it. The waste that goes in will later be closed up in a bag and later thrown away; just like another boat has done for years. Pinkham noted in regards to navigation, he keeps this structure not in the center third of the lake, they are always off the edge of the lake. He would place it in the middle except they don't want to get run over. Often there are 10 people on a pontoon boat; Pinkham inquired what the difference is between that situation and his floating house. One significant difference is the floating house does not put gas or oil into the water. The structure appeared to be western red cedar, carpeted inside, completely finished. The boat is owned by Pinkham and friend who will be speaking later this evening. Blanchette inquired if this type of structure requires a registration;

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Jason Spinny, resident of the Beechland Road in Ellsworth and half owner of the boat stated the floating house is located approximately 250 feet away from anyone's dock and offset to the right in front of the beach. Spinney stated he has used the lake his entire life, fishing, swimming, ice fishing, and other activities year round. Spinney also addressed the ice shacks during his comments. Spinney noted they did their best to make the structure look nice and they have always been very courteous to anyone that has concerns with the structure unless they are literally yelling at them from the beach telling them they have to move, or using vulgar language. This structure is not larger than the average sized pontoon boat; Spinney felt anyone who moored a pontoon boat anywhere on Green Lake has the same exact real estate taken up as far as navigation for anybody else. This structure does not have a permanent mooring; they moved it around the lake 6 times last summer. It has two anchors that are used which are easy to pull and are very mobile. There is no concrete to drop into the water, it has a simple anchor. The structure is a float that is pulled out with another boat, no motor, no registration is required per the State. In response to Phillips question concerning overnight stays, Spinney answered they have only stayed overnight once. Generally, it is a day time use structure; the cabin is only 8' by 12' . Spinney displayed a picture of the structure on the television in the Council Chambers for the audience to see. He stated they built the structure out of full western red cedar, sided it, put in brand new vinyl windows and doors, new pontoons, and kept it as nice as possible. They are avid fishermen who care a lot about the environment; if anything is dropped in the lake from this structure the occupants are required to pick it up. As they are only in IO' of water this allows them to dive down and pick up anything that might fall into the water. They remove the trash and disposal waste from the toilet with them every night. The picture that was displayed on the television shows the structure parked approximately 150' off shore in front of a beach that is probably private property. Andrew Hamilton confirmed that was a private beach and inquired if written

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DATE: APRIL 19, 2021 TIME: 7:00 PM PLACE: ELLSWORTH CITY HALL COUNCIL CHAMBERS CITY COUNCIL PRESENT: BLANCHETTE, GRINDLE, KAPLAN, LYONS, l\ULLER, AND PHILLIPS. CITY COUNCIL ABSENT: HAMILTON KEY SPEAKERS PRESENT: CITY MANAGER GLENN MOSHIER, ADAM WILSON, DWIGHT TILTON, LISA SEKULICH, GARY SAUNDERS, AND HEIDI GRINDLE. permission had been granted. Spinney stated the State told him they did not need written permission. Hamilton inquired how many boats can tie up to the structure. Spillley stated they put three or four maximum; any more than that the anchor will not hold. Hamilton noted he has seen six attached before; a picture may be available if requested.

Alison Cowan, resident of Ellsworth and property owner on Branch Lake stated she has a large float which has a slide on it and she has bouncy structure. She explained boats come from all over and anchor next to her and they play on her equipment; everyone has always shared their water equipment. As there are many families and friends in this area they often meet up not necessarily on purpose and enjoy some conversation and lunch in the middle of the lake; her understanding from the discussion is the Council doesn't want this type of activity to continue. Cowan has been on the house float structure in Green Lake before and found it to be very clean and pristine as well as the people are very friendly and nice. Her husband and brother became inspectors and they are very careful and cognizant of their surroundings including milfoil especially as they take their boat from one water body to another throughout the summer. Councilor Kaplan inquired if when the boats all tie up together if it is similar to a flotilla party on the ocean. Cowen stated yes very similar; however, often with fewer vessels. It was unclear if they all use separate anchors or just tie off to one another as they are not leaving the vessels for long periods of time. There was a question from the audience (Jellison possibly) in regards to whether Cowen was mooring this structure in front of her own property on Branch Lake. Cowen explained it is kind of in the middle of a cove. The question was further clarified to state if Cowen's property lines were extended out into the lake the boat would be moored in the general vicinity of that area. Cowen stated it would depend on which house you are in because it is a cove and would be in the front of a neighbor's house, one of which is hers, and another is her brother's house. The question went on to include whether Cowen has permission or if she has ever asked permission from the adjacent property owners to moor that structure. Cowen stated no she has not and does not have permission. Lyons asked a general rule question as it pertains to whether the water belongs to anybody. He provided an example of a time when he was fishing from his boat approximately 25' from their dock. Lyons believed the water is for everybody to use; just because someone owns the property that is l SO'to 200' feet away from the water does that mean the property owner is the only one who can use the lake. Jellison stated no, the property owner does not have exclusive rights to the water body and he stated that is not the issue. Lyons further explained if the property lines are extended out in a

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Patty Hamilton, resident of Scott's Neck Way stated they did enjoy the company of the guests and they did a nice job of fixing up the houseboat. It is very nice and neat inside and children were playing on it. There were times when things got out of hand. There is a mooring that is connected to the bottom and to her knowledge they only moved it one time otherwise they stayed in one location all summer long. Permission was not obtained from the beach owner for the location this structure was moored at throughout the summer. P. Hamilton believed the conversation this evening indicates there is still a lot to be decided in terms of strategies between people and they share the common water and use of the lake. Some of the topics to be discussed include whether a compost toilet is good enough for the quality of the lake, whether someone should be able to park for one week, two weeks, or the entire summer. Possibly they should be encouraged to move the structure so that it is not the burden of only one place.

James Cowen, resident of Branch Lake spoke about his unpleasant experience at the Green Lake beach last summer. Cowen explained the structure being discussed this evening is on his anchor; the owners did not own a big enough anchor prior to

20 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

Lyons was willing to sit down with the people present this evening and discuss this one boat that seems to be in question in regards to the six lakes in Ellsworth. At first Lyons pictured this one boat as being just a pile of trash in the middle of the lake which after seeing the picture he was very surprised. In reality, it looks like it could be nicer than some houses. Kaplan noted as a shore front owner on tidal waters whenever a person purchases shore front property you learn to deal with certain things that you cannot control; however, the property line stops at the low water mark. That is the restriction water front property owners live with and they are aware of that when they purchase that type of property. Anything that happens on the water whether it is a loud boat or something else there is nothing the land owner can do about it because it is not their property. Lyons stated he would be willing to check the situation out at Green Lake and moderate the discussion between the owners of this boat and everyone present at this meeting and try to develop a strategy. The end result is the water belongs to everybody.

Councilor Miller read the only electronic comment into the record. "I would think that any sleeping structure floating or not must pass Code Ordinances for occupancy. This would mean that any structure that stays permanently upright not a tent and is lived in overnight most days of the week must have proper disposal waste water and not pollute the environment. This would exclude things such as floating docks, slides, and other items on the lake that are recreational but the City could ban structures that should not be inhabited for safety reasons and keep the lake clean from sewage as well. If the City needs stronger wording to enforce this we should research and adopt the language for health and safety of people using the lakes as well as any potential occupants." - Abigail Miller

Kaplan felt a committee should be formed to research this topic and address the issues heard this evening, as well as the right to enjoy waterway issues. There is a balance that needs to be found so the people who live and also pay taxes in Maine and want to enjoy those waters are not deprived while at the same time not depriving the private property right owners of their private property rights of enjoyment. Councilor Blanchette noted that when the property lines were

21 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

Andrew Hamilton restated his goal was just to have the opportunity to have a committee and a discussion. He understood the tradition of ice shacks and is not bothered by them. Hamilton was more concerned with the conflict that arises on the water sometimes. Boats going by does not bother him; however, a house boat with as many as six boats rafted up on it and it is there for the entire summer then it starts to cause a few concerns. Hamilton was just looking for some reasonable use concepts that come out of the committee discussion then everything should be just fine. There is a balance to be struck in this situation; they are not claiming ownership beyond the shore; however they would like some reasonable use understandings.

Kaplan was in favor of forming a committee. Phillips thought staff should look into some of the concerns and then return to the City Council with some suggestions, and then have a meeting after a little more information has been put together. Glenn Moshier, City Manager confirmed that would be okay; he said staff has already had multiple conversations with many of the people who spoke this evening. This was an issue that was addressed to a degree last summer, so this is not a new concern to the staff. Phillips thought it would be very helpful if staff put some infonnation together that would include history on this issue, some ideas on what laws or rights the City does and does not have, and action we might take if we so desire. The consensus of the Council was to bring this topic back to another session, either in a City Council meeting or workshop setting. Moshier agreed City staff could make that happen.

This was a discussion only agenda item, no formal action required or taken this evening.

Council Order #042104, Discussion and action on whether to continue holding the Approved - Council property located at 1399 Bangor Road for a potential fire sub-station in the future Order #042104, or release the property to be sold in accordance with City ofEllsworth Code of retain the property located at 1399

22 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

DATE: APRIL 19, 2021 TIME: 7:00 PM PLACE: ELLSWORTH CITY HALL COUNCIL CHAMBERS CITY COUNCIL PRESENT: BLANCHETTE, GRINDLE, KAPLAN, LYONS, MILLER, AND PHILLIPS. CITY COUNCIL ABSENT: HAMILTON KEY SPEAKERS PRESENT: CITY MANAGER GLENN MOSHIER, ADAM WILSON, DWIGHT TILTON, LISA SEKULICH, GARY SAUNDERS, AND HEIDI GRINDLE. Ordinances Chapter 10 Maintenance, Administration and Disposition ofTax Bangor Road, Acquired Property. (Sponsored by Councilor Blanchette). possibly clean up the structures, and keep Councilor Blanchette stated the City has been approached by more than one person it for future inquiring as to the City's ownership of the house located at 1399 Bangor Road. The reference if the City has owned this property for seven or eight years; originally this property was Council did want to kept off the list of properties to be placed out to bid. The Fire Department build a substation. requested several years ago that the City consider keeping this property for a future substation. As the City has not used it yet; this agenda item was requested to gain a I sense of whether the City would like to continue retaining this property or if the Council would like to place it out for bid. It is a two acre parcel; the City had a REP IC (real estate purchase installment contract) with the owner of record. Once the owner of the property left the property due to health concerns the City ended up with the property. The City was the party in possession (throughout the REPIC agreement) of the pile of boards and rubble along with 2 acres ofland. Phillips noted there have been discussions in the past where the City may eventually expand the Fire Department to include this parcel of land. It may not be an ideal situation or the right spot; however, it is something the City currently owns at no cost. As the City continues to expand there may be a need to do that or use that property. If the City does not hold onto this parcel then it will be back to the same question that always surfaces; how much money does the City have to spend and where do you spend it. Phillips was not sure exactly how much money the City would gain from the sale of the property; however, a sale of the property would tum it back into taxable property. While at the same time if the City decides to expand and build a substation in the future that will mean that particular spot is lost and the City is left to find a suitable property and wiIJ likely pay fair market value for that parcel of land. Councilor Lyons questioned if the Council was considering placing the materials out to bid if they were willing to tear the building down. Blanchette explained if this item comes to a motion, he would like to have the idea of putting out the salvage rights to the beams and timbers within the barn that has colJapsed causing a major danger. He thought it could possibly be one of the worst buildings within the City as far as safety is concerned. Lyons clarified if that was something that could be done even if the City decided to keep the property. Lyons felt it was best to retain the land given the City already owns it and to obtain a parcel later when a substation is needed will cost the City a significant amount of money. Blanchette questioned whether the City would ever build a substation on that lot because it is technically in a 55 mile per hour zone and in the summer time it becomes an unofficial 80 mile per hour zone and it is located on top of a hill.

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DATE: APRIL 19, 2021 TIME: 7:00 PM PLACE: ELLSWORTH CITY HALL COUNCIL CHAMBERS CITY COUNCIL PRESENT: BLANCHETTE, GRINDLE, KAPLAN, LYONS, MILLER, AND PHILLIPS. CITY COUNCIL ABSENT: HAMILTON KEY SPEAKERS PRESENT: CITY MANAGER GLENN MOSHIER, ADAM WILSON, DWIGHT TILTON, LISA SEKULICH, GARY SAUNDERS, AND HEIDI GRINDLE. Phillips noted this situation could be controlled with traffic signals or a light system that announces the fire trucks are departing. Blanchette agreed selling it now would allow another home to be built on the property turning the parcel back into a taxable property in tum taking some of the financial burden off all tax payers. Councilor Kaplan felt it would be less expensive to hold onto what the City already owns rather than to try and regain what you have later; however, she wondered if this building constitutes an attractive nuisance. Phillips noted it is in very poor shape; the house is stable and the barn is in much worse shape than the house. Lyons asked if an estimate could be obtained for tearing the house down and filling in the basement. Gary Saunders, Interim Fire Chief stated the Fire Department has taken the stance that they will no longer be burning down nuisance homes. Although it could be the best training available; however, the regulatory principles, rules, and regulations have gotten too strict. Once the building is burnt down the DEP requires the ashes to be tested for hazardous materials. Saunders agreed the barn at this particular property has fallen in and it does constitute a dangerous nuisance building. Saunders stated if the City decides to hold onto this property it is his hope that the structures would get cleaned up at least the barn portion. It was noted that the house itself has some good attributes to the structure it could likely be fixed up and salvaged. Saunders did not think this would be an ideal location for a substation. Some of the concerns included the wind that is likely present at the top of the hill especially during the winter and the entrance would be onto a three-lane road where it is technically 55 miles per hour when in reality the average speed is much higher. However, wherever the substation is built along that corridor would still require the fire trucks to pull out on to a major highway. The City does not plow that area, it falls under the Maine DOT' s authority. Saunders stated the current real estate market probably supports selling the property for the highest dollar and it would return the property to the tax rolls. Originally, he was opposed to the idea of selling the property because he thought somewhere in that area would be a good location for a substation at one point. He has taken the mileage measurements and if a structure is within a five mile radius of a fire station the insurance premiums are reduced. A fire substation located in this corridor would help from the Winkumpaugh Road out to the four comers area, Branch Pond Road, and the Nicolin Road area. Currently, where the Fire Department is located has a five mi le radius of about to Tracy's Apartment complex/Tracy's Karate studio; any properties beyond this area is charged an increased insurance premium. There was a discussion on how far the five mile radius would extend if a substation were located within this corridor and therefore how many more property owners would

24 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

On a motion by Lyons, seconded by Kaplan, it was

RESOLVED to approve Coullcil Order #042104, retain the property located at 1399 Bangor Road, possibly clean up the structures, and keep it for future reference ifthe Council did want to build a substation.

Prior to a vote being called for, Blanchette stated no matter which way the vote goes he would like to come back with a motion B. A vote was called for as stated above.

A vote was taken on the above motion with 4 members voting in favor (Kaplan, Lyons, Miller, and Phillips) and 2 member voting in opposition (Blanchette and Grindle)

On a motion by Blanchette, seconded by Lyons, it was Approved (Consensus of the RESOLVED to approve by consensus ofthe Council for the City to go ahead and Council) - City go put out the salvage rights to the collapsed barn, the structural salvage, there are a ahead and put out lot of valuable timbers in there with the recent rise in the price oflumber make it the salvage rights to even more valuable now. The timbers are also very popular with the restorers the collapsed barn, and architects. Blanchette would rather see somebody use them than have them the structural just stay exposed to the weather, rotting, and doing nobody any good. In salvage, there are a conjunction with that Blanchette would also like to put out salvage rights to the lot of valuable contents ofthe "workshop". timbers in there with the recent rise in the Phillips appreciated Blanchette making that motion; however, in regards to the price of lumber make agenda item he doesn't see the wording or the ability to do that. Phillips stated the it even more valuable agenda items was specifically whether to continue to hold the building. Phillips now. The timbers was not arguing as he thought it was a good idea but he did not know whether or are also very popular not the Council had the right to do that tonight without having another public notice with the restorers as part of the agenda. Blanchette stated it is the City's building. Phillips and architects. questioned whether a motion would be needed; if there is an agreement of Council Blanchette would member than it can be sent out. It appeared the Council was in agreement to do rather see somebody what Blanchette stated above as the second motion. Blanchette would like to see use them than have that tonight. Everything located on that property are City assets and are just going them just stay

25 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

DA TE: APRIL 19, 2021 TIME: 7:00 PM PLACE: ELLSWORTH CITY HALL COUNCIL CHAMBERS CITY COUNCIL PRESENT: BLANCHETTE, GRINDLE, KAPLAN, L VONS, MILLER, AND PHILLIPS. CITY COUNCIL ABSENT: HAMILTON KEY SPEAKERS PRESENT: CITY MANAGER GLENN MOSHIER, ADAM WILSON, DWIGHT TILTON, LISA SEKULICH, GARY SAUNDERS, AND HEIDI GRINDLE. to waste. Phillips agreed with Blanchette the barn is a pretty nasty looking place exposed to the and it needs to come down. Although Lyons seconded the above motion; Phillips weather, rotting, and noted this would only be a show of hands to state the Council is in agreement with doing nobody any it and then staff can move along with the process. Kaplan clarified the motion good. In conjunction would be looking for someone to salvage the barn and the building for their with that Blanchette personal use but the City would keep the property. The City would definitely be would also like to put keeping the property this would just be the salvage rights; this motion has nothing out salvage rights to to do with ownership of the property. The bidders would be required to hold their the contents of the own insurance. Phillips stated all the RFP's (request for proposals would come "workshop". back to the City Council for final approval. An RFP would be designed with all the guidelines within it. There is a possibility that revenue would be gained from this proposal. Blanchette requested any revenue gained from this proposal should be used for seed money to establish an account for Tilton to use when implementing his new program within Chapter 60.

The consensus of the City Council members present was to approve the above motion relating to salvage rights to the barn and building.

Council Order #042105, Request ofth e Public Works Director to award a contract Approved - Council for rl?arking words, symbols, stop bars, parking lines, crosswalks and authorize the Order #042105, City Manager to sign the contract. Request of the Public Works Director to Lisa Sekulich, Public Works Director explained this is a yearly request. The City award the Words, has been designated as an urban compact which means the City is responsible for Symbols, Stop Bars, the pavement markings. Last month, the long lines were approved and this month Crosswalks, Parking the request is to approve the symbols, words, parking lines, and crosswalks. On lines pavement April 8, 2021 there was a bid opening. Seven bids were requested; however, only marking contract to three companies submitted proposals. See attachment #7 for the complete request, Newman Ground bid results, bid documents, and bid the package from the low bidder. Newman's Effects at the unit Ground Effects was the low bidder; they have completed this type of work for prices per businesses within the community. Sekulich is recommending awarding the contract attachment #7 and to Newman's Ground Effects. Jordan Striping, the previous contractor for the City authorize the City has retired. Sekulich noted Newman's bid was in the same price range as the Manager to sign the expense was last year. The other bids were significantly more expensive. Phillips contract. stated the three bids were $49,935, $45,395.60, and $25,521; therefore, there was a substantial difference is price from the highest to lowest. The bid was for the same materials; however, Sekulich could not confirm the quality of any of the bidders as she has never worked with any of the three companies. Sekulich noted Mr.

26 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

On a motion by Kaplan, seconded by Grindle, it was unanimously

RESOLVED to approve Council Order #042105, Request ofthe Public Works Director to award the Words, Symbols, Stop Bars, Crosswalks, Parking lines pavement marking contract to Newman Ground Effects at the unit prices per attachment #7 and authorize the City Manager to sign the contract.

Council Order #042106, Request ofthe Public Works Director to approve an Approved - Council excavator lease agreement for a term ofup to 6 months. Order #042106, the request to go into a Lisa Sekulich, Public Works Director stated this is a yearly request to rent an rental agreement excavator for approximately six months. Due to the unseasonal weather this year with Eagle Rental, the goal is to have the excavator on May 1 through October 31 . The contract is for for a 135 Class

27 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

On a motion by Kaplan, seconded by Lyons, it was unanimously

RESOLVED to approve Council Order #042106, the request to go into a rental agreement with Eagle Rental, for a 135 Class excavator and attachments at a cost of$4,200 a month, for a duration ofapproximately 6 months to be paid for through the Highway General Fund Account.

Council Order #042107, Discussion on and action to hold a workshop to learn Consensus of the about the State ofMaine 's adult-use marijuana law and in particular the Council was to component ofthe law that addresses local regulation ofmarijuana establishments. schedule a workshop (Sponsored by Councilor Phillips). between the Council and staff to discuss Chair Pro-Tern stated the reason he requested this topic be on the agenda was this topic further and because he has been approached by a business and there have been past discussions discover what the how the City was going to handle this topic and the laws have changed. This topic City can and cannot within the City doesn't seem to be moving forward. Phillips felt if the Council at do in regards to this least agreed to look at the topic, staff should at least be directed to work on some topic. rules and regulations on both the ability to sell, grow, and anything else the State would allow the City to have control over. Councilor Kaplan noted what the City can do is create local regulations that can protect the people from adverse reactions that are unanticipated. She discussed her understanding and knowledge gained on the topic and how this is not a benign drug. Kaplan felt as a City it should be required if a business wants to sell it within the City they should have a warning label on it listing the potential side effects. Councilor Miller agreed the City Council should know what they are dealing with; therefore, having a workshop to explain the laws would be very beneficial because the current regulations and law

28 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

Consensus ofthe Council was to schedule a workshop between the Council and staffto discuss this topic further and discover what the City can and cannot do i11 regards to this topic.

Before moving on Glenn Moshier, City Manager clarified the workshop would be for the City Council. Phillips noted it should be with the City Council at first with staff providing some guidelines on what the City can and cannot do. Moshier stated he will plan on developing a staff committee to present information, options, and educate the Council on the current status of the laws. Phillips would like information on what the City is allowed to control, what the State requires, and anything else that is pertinent to that topic for the City Council to make an educated informed decision on how to direct the City staff to create local laws, regulations, and rules for the City. Lyons clarified if this entire topic was against Federal laws; it was confirmed that currently it is against Federal laws. Kaplan did inquire if this is similar to the Second Amendment in the aspect that the City cannot pick and choose which Federal laws the City will follow. She further wondered why the City could pick and choose in the case of marijuana. Moshier stated the difference is the State legalized marijuana in this case; this is not an instance where particular municipalities are legalizing it. The State legalized marijuana and the City is selecting whether they want to allow people to retail sell it in the City of Ellsworth. It is already legalized in the eyes of the State. Miller stated even if the City allows a shop to open a DEA Agent from the Federal Government can still enter the shop make arrests and hold them in a Federal prison. Lyons clarified by the State adopting that law it overrules the Federal laws. It was pointed out that is not the case; the workshop will be held to gain clarity on this confusing topic.

Council Order #042108, Discussion and action on supporting the bike/pedestrian Approved - Tabling path extension project with local support through a future funding source. Council Order (Sponsored by Councilor Blanchette). #042108, Discussion and action on Councilor Blanchette updated the Council on the meetings that have been held with supporting the the State figures have been provided that add up to $500,000. This would build the bike/pedestrian path first half, engineer, and design all of it; construction would only be on the first half. extension project The City's share would be 20%, or approximately $100,000. The State would pay with local support

29 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

DATE: APRIL 19, 2021 TIME: 7:00 PM PLACE: ELLSWORTH CITY HALL COUNCIL CHAMBERS CITY COUNCIL PRESENT: BLANCHETTE, GRINDLE, KAPLAN, LYONS, MILLER, AND PHILLIPS. CITY COUNCIL ABSENT: HAMILTON KEY SPEAKERS PRESENT: CITY MANAGER GLENN MOSHIER, ADAM WILSON, DWIGHT TILTON, LISA SEKULICH, GARY SAUNDERS, AND HEIDI GRINDLE. the remaining $400,000. Since it is already April, Blanchette suggested holding off through a future a month on approving this project. As the budget hearings have started, Blanchette funding source. felt it would be best to wait for that process to gain a fiscal understanding of where the City is at before committing to this additional expense. Blanchette would like to hear from the residents and City Councilors in regards to their opinions on whether they are supportive or not of this project. Councilor Kaplan felt until the City had better roads the focus should remain on making Ellsworth more driver friendly. Blanchette stated transportation takes many forms, depending on whether you are walking, biking, or driving; the Council needs to pay attention to all of it. Blanchette stated the Council cannot just cater to one certain segment certainly the bulk of transportation funding in the State is for vehicles; however, the Council also needs to take care of the others. Kaplan noted the majority of people are driving and people have been begging to get the roads improved for years and money keeps getting spent on pet projects. She went on to say if money keeps getting spent on pet projects such as walking paths, parks, green projects, and solar farms and the roads are not getting fixed the City is doing a disservice to the very people that elected the City Councilors in the first place. Blanchette did not think putting up solar farms that saves the $200,000 a year on their electric fees is a pet project; just as anything that helps people maintain or regain their health while keeping them out of hospitals should be considered a pet project. This trail runs right through the heart of the City so that people in the neighborhoods, people on their lunch hour, before or after their workday can all use the walking path. The current paved rail to trail path is used extensively; during the summer time there are hundreds and hundreds of people that use that throughout the day. The extension to this trail would take people from the intersection at LL Bean or the Shaw's intersection all the way to Ellsworth Falls or Sunrise Glass safely unimpeded and is considered by Blanchette a win-win for everybody. Councilor Miller noted it is also a safer way for the children to walk to and from school. Councilor Lyons had the opportunity to walk the complete trail as it stands this evening and did not encounter any issues; however, his concern is with the safety on Oak Street near the section of Park Street. He strongly felt a sidewalk is need on Oak Street for the safety of pedestrians and drivers alike. Phillips agreed with Lyons that sidewalks are needed on Oak Street and that addition is tied in with a future rebuild of that Street. Phillips felt the bike/pedestrian path is a quality of life issue and people do use it dramatically; however, it is also a funding issue, question of timing, and who is paying for it. Councilor Grindle felt it was a good idea to extend the current path. She has seen many people walking on it as well as the children use it all the time, and it does complete the loop that City Manager Cole used to speak about. This

30 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

On a motion by Blanchette, seconded by Kaplan, it was unanimously

RESOLVED to approve tabling Council Order #042108, Discussion and action on supporting the bike/pedestrian path extension project with local support through a future funding source.

Adjournment. Approved Adjournment at 9:25 On a motion by Blanchette, seconded by Kaplan, it was unanimously PM.

RESOLVED to approve adjournment at 9:25 PM.

31 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

New procedure for public participation in City Council meetings:

Meetings will be held in the City Hall Council Chambers at 1 City Hall Plaza with only the allowable number of participants based on maintaining social distancing guidelines. There will be additional seating available in the 2nd floor Auditorium for citizens; those wishing to make comments on an agenda item will have the opportunity to make those live at that location through the use of technology. Emailed questions and public comments will no longer be read aloud throughout the meeting; individuals are welcome to email councilors to share their feedback on any issue. All public comments on agenda items will need to be made from City Hall during the meeting.

Meetings will continue to be broadcast live on the City of Ellsworth, Maine Facebook page and YouTube Page; as well as recorded and made available live on Spectrum Channel 1303.

Facebook: https://www.facebook.com/ellsworthme YouTube: https://www.youtube.com/c/CityofEllsworthMaine

Cal I to Order. Call to Order.

Chair Hamilton called the regular meeting of the Ellsworth City Council to order at 7:00 PM.

Pledge ofAllegiance . Pledge of Allegiance.

All stood for the pledge of allegiance.

Rules ofOrder. Rules of Order.

The meeting was conducted under Robert's Rules of Order and other rules adopted at the November 9, 2020 Annual Organizational Meeting of the Ellsworth City Council. After being recognized by the Chairman, a person may speak not more than three (3) minutes on any one item on the agenda. In addition, the person may speak not more than two (2) minutes in rebuttal.

Adoption ofminutes from the following meeting (s) ofthe Ellsworth City Council: I RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

)> April 19, 2021 Regular Meeting. (Request to table). Approved - Tabling the adoption of On a motion by Phillips, seconded by Blanchette, it was unanimously minutes from the April 19, 2021 RESOLVED to approve tabling the adoption ofminutes from the April 19, 2021 Regular Council Regular Council meeting. meeting.

City Manager 's Report. City Manager's Report. Glenn Moshier, City Manager thanked Maine State Police Trooper Bob Burke and the members of the Maine State Police Color Guard for all their assistance in organizing and facilitating the funeral services for Deputy Fire Chief Bobby Dorr on Sunday, May 16, 2021 . Moshier stated on behalf of the Fire Department, citizens, and City of Ellsworth he would like to thank the following Fire Departments: Waterville, Rockland, Southwest Harbor, Bar Harbor, Lamoine, Dedham, Lucerne, Orland, Brewer, Sullivan, and many others who provided manpower to cover the Ellsworth Fire Station while the Ellsworth firefighters were mourning the loss of their brother.

Moshier announced the Memorial Day parade would be held on Monday, May 31 , 2021. The VFW has made arrangements for the traditional parade to be held along with the annual Memorial Day service on the City Hall lawn.

The School budget validation election will be held on June 8, 2021; absentee ballots are currently available.

There will be a graduation parade similar to the one held last year for the Ellsworth High School graduating seniors on June 3, 2021 beginning at 5:30 PM. This will be a vehicle parade only that will start at the Maine Coast Mall and

2 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

Moshier spoke briefly on the upcoming road closure for Franklin Street to begin on Monday, May 24, 2021 at 7:00 AM; it will remain closed until September 7, 2021. This portion of Franklin Street will remain closed for the creation of an outdoor space for the downtown diners and shoppers to enjoy. The City will be setting that area up with barricades, cement planters, picnic tables, trash and recycling receptacles, and other amenities to beautify the area.

Committee Reports. Committee Reports.

EMS Committee. Councilor Phillips stated the EMS Committee met and the topic of discussion will be addressed later this evening as part of the agenda. The Committee met to discuss the options that are available and reviewed the contract.

Citizens ' Comments. Citizens' Comments.

Michael Phinney, Ellsworth resident spoke on his concerns with the Nicolin Road, see attachment # I for his complete presentation and petition of signatures. Phinney's presentation was in support of having funding designated for some permanent upgrades to that road. The road continually has issues with muck holes in the spring as well as dust and potholes during the remainder of the year. He would like to see the right-of-ways cleared, fix and unclog the few ditches that exist, and the trees are overgrown. He believes the road is a town road with a town public landing. Phinney would like to see some of the available Federal money spent on this road; in his opinion more people use the Nicolin Road then will ever use the paved walking trail. Chair Hamilton noted this issue has come up in the past; particular where the responsibility for it begins and ends as well as who is ultimately responsible for it. Lisa Sekulich, Public Works Director provided a very brief overview of the situation past and present. The paved section of the NicoJin Road from the Bangor Road to the Railroad tracks is indeed a City owned road. The City only has a 33 foot wide easement over the road from the Railroad tracks to the boat launch to maintain year-round access to that boat launch. The City does not own the road and therefore has no obligation to perform I capital maintenance on it. The City is only responsibility for performing

3 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

Presentation ofAwards. Presentation of Awards. Cheryl Flanders, for 5 years ofservice to the Ellsworth Public Library. Cheryl Flanders - 5 years of service with Cheryl Flanders was not present to accept her service award from Chair Hamilton the Library. on behalf of the Ellsworth citizens. The award will be given to her at a later date.

Recognition ofKa Tina Howes as the Director ofthe Year by the Maine Welfare KaTina Howes - Directors Association. Director of the year by the Maine Welfare KaTina Howes was present to be publically recognized for being named the Directors Association. recipient of the Director of the Year by the Maine Welfare Directors Association. Chair Hamilton read into the record the wording on the City's plaque that was presented last month to the City in addition to KaTina Howes receiving her own plaque by the Maine Welfare Directors Association. This is an award that her peers selected her to receive from all the communities across the State. The decision was based on the service she provides her clients and the oversight to the General Assistance Program and the impact it makes. Hamilton has witnessed the incredible work performed by Howes in terms of caring for individuals within this

4 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

UNFINISHED BUSINESS Unfinished Business.

Council Order #122005, Discussion and action on EMS Services within the City of Approved - Council Ellsworth. (Tabled at the December 21, 2020, January 11, 2021, February 8, Order #122005, 2021, March 15, 2021, and April 19, 2021 Regular Council meetings). Agreement for Emergency Medical Glenn Moshier, City Manager stated the Council had received the proposed EMS Services with Service Agreement prior to the meeting in the Council packet. See attachment #2 Northern Light for the proposed Agreement for Emergency Medical Services. The agreement has Medical Transport for been discussed a couple of different times in relation to the rates with a start date the contract as of July l . This agreement provides the City with EMS services via Northern Light presented in Medical Transport for the next three years. This agreement was discussed at the attachment #2. EMS Committee meeting last week. If the Council approves the agreement tonight, it would afford the City the opportunity over the next three years to continue the discussions concerning where the City wants to take EMS services in the future. Councilor Phillips stated the EMS Committee had a lively discussion on this topic as well as it has been discussed as a full Council and it may not be something that everybody on the Council agrees with or thinks is the best avenue. This agreement appears to be the best choice at this moment and the only choice the City has right now; Phillips feels the Council must act on it and cannot run the risk that it would present to the citizens if they failed to take action this month. If the Council does not act affinnatively on this topic the citizens of Ellsworth would not have an ambulance service. Councilor Blanchette stated he does not like 95% of the agreement; he believes it is overall a deal that is heavily weighted towards Northern Light. He agreed with Phillips, this is the only option available to the City at this moment. Blanchette will vote for this agreement because the City needs an ambulance service for the residents. He wanted the residents to know if they call a Northern Light ambulance, it may or may not arrive right away. They will be assigning two ambulances to Hancock County, not just Ellsworth but the entire County. Blanchette stated for the expense to the City is not a great deal; however, it is the only deal that has been presented. The City has reached out to other firms, there has been no interest whatsoever by any other ambulance firm. Councilor Kaplan noted when those two ambulances are out on calls or inter facility transfers they will park another ambulance in Dedham which would be

5 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

DATE: MAY 17, 2021 TIME: 7:00 PM PLACE: ELLSWORTH CITY HALL COUNCIL CHAMBERS CITY COUNCIL PRESENT: BLANCHETTE, GRINDLE, HAMILTON, KAPLAN, LYONS, MILLER, AND PHILLIPS. CITY COUNCIL ABSENT: KEY SPEAKERS PRESENT: CITY MANAGER GLENN MOSHIER, JENNIFER MERCHANT, ADAM WILSON, SUE MCLEAN, LISA SEKULICH, KATINA HOWES, GARY SAUNDERS, DANIEL HIGGINS, MICHAEL HARRIS, AND HEIDI GRINDLE. available to answer a call in Brewer or Ellsworth. Unfortunately, if the City does not approve this agreement the City will not have an ambulance service. Kaplan agreed this agreement buys the City time to look at different options for protecting the City of Ellsworth. Councilor Grindle clarified the City Firefighters that are EMS certified are still required to attend every single call as well. Kaplan confirmed yes, they are. Councilor Lyons was not impressed with the agreement; however, understood the City had to take it or they would not have access to an ambulance service. He felt the City should start as soon as possible trying to figure out how to obtain an ambulance service for Ellsworth. Chair Hamilton agreed with all the earlier statements. He did point out that Northern Light is making a decision to contract and there are certain elements within the contract that they are agreeing to, and the City is paying for. It is important for the City to have an opportunity to pay attention to that and it would be helpful if maybe quarterly Northern Light presented an update to the City Council. This would allow an opportunity for an exchange of information and also allow the public to be a part of the discussion and understand how those contractual obligations are met. Hamilton noted in fairness to not only Northern Light but all ambulance services in the State, this is an issue that goes beyond every ambulance service and is a State level concern in terms of how these services are funded. The way it is currently handled leaves communities and residents at great risk. The hope was that residents would understand the bigger picture as it relates to funding and advocate concerning this topic at the appropriate place for it to be ultimately resolved. The City Council is only addressing the contract before them and the need to move that forward so the residents can have a level of security. Hamilton had similar concerns with the wording which has already been addressed and he will vote in favor of the agreement to ensure the residents of this community have access to that important service. Phillips noted Moshier has advised them that the terms in this contract are very similar to the ones Northern Light currently uses with other municipalities, so the City of Ellsworth will not have a unique contract. The per capita cost for the City of Ellsworth is Jess than some other municipalities throughout the State while others are paying much higher rates at $20 to $40 per capita to have a very similar agreement.

On a motion by Phillips, seconded by Kaplan, it was unanimously

6 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

Council Order #042108, Discussion and action on supporting the bike/pedestrian Approved - Tabling path extension project with local support through a future funding source. Council Order (Sponsored by Councilor Blanchette; tabled at the April 19, 2021 Regular Council #042108, Discussion meeting). and action on supporting the Councilor Blanchette explained in several meetings with Maine DOT they have bike/pedestrian path told the City that the 20% share for a design of the entire length of the project from extension project with Birch A venue through to High Street, including building the first part of that local support through extension from Birch Avenue to Main Street would be approximately $100,000. a future funding Blanchette felt with people needing to get out, the need for sidewalks, families source until the June needing places to go with their children, whether it is to walk, or ride bikes this is Council meeting. the perfect opportunity. The existing path from Birch A venue through to Ellsworth Falls has been in existence for 10 years. It is an extremely popular path, used by well over 100 people in the summertime, and many people on a daily basis. It is used a little less during the winter; however, people of all ages, and physical or mobile abilities use this path. Blanchette noted to have this path extended to High Street is a win-win situation. The school uses this path for their outdoor track team, for practice runs, and ch1ldren use it to walk to and from school. As part of the project, a portion of Spring Street would need to be abandoned. From Main Street to Park Street would become the path, there would be a 10' paved path 15' off from the railroad tracks just the same as currently exists. Councilor Phillips inquired ifthere is a timeline of when the funding will become available or when an actual plan will be available for review. Blanchette stated they have been told as soon as the City' s share has been approved then Ellsworth will move up; the build would be within three years. Phillips stated the City still does not know how much the project will ultimately cost. There has been some research done; however, the final cost is still unknown except for the possible design. Blanchette confirmed that Phillips was correct, the City has nothing in writing from the State except a promise; it was noted anything in writing would come after the approval of the funding. In Blanchette's opinion to not fund this project would be doing a disservice to the Community; this will give the City that de facto sidewalk on Oak Street as the path runs parallel to Oak Street. The path is approximately 200' from Oak Street. This is a very safe and

7 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

DATE: MAY 17, 2021 TIME: 7:00 PM PLACE: ELLSWORTH CITY HALL COUNCIL CHAMBERS CITY COUNCIL PRESENT: BLANCHETTE, GRINDLE, HAMILTON, KAPLAN, LYONS, MILLER, AND PHILLIPS. CITY COUNCIL ABSENT: KEY SPEAKERS PRESENT: CITY MANAGER GLENN MOSHIER, JENNIFER MERCHANT, ADAM WILSON, SUE MCLEAN, LISA SEKULICH, KATINA HOWES, GARY SAUNDERS, DANIEL HIGGINS, MICHAEL HARRIS, AND HEIDI GRINDLE. wide area where especially little children can walk, bike, or run ahead of their parents. A lot of other communities have similar paths that are widely used and popular in those locations. Blanchette noted every municipality needs to have amenities and with those come new residents and businesses. Phillips was not disagreeing that the extension is a great idea and it will be used; he is disagreeing with the process. He stated when the Council is deciding on an item they are aware of the obligations when they sign up and agree to a project; this is a project where the Council has no idea if, when, what, or even how much it is going to cost. There has been nothing provided in writing the only thing that has happened in regards to this project are discussions and promises. Phillips found it hard to believe the State did not have some kind of a program that the City could apply for and then the City would indicate if they wanted to complete the project. It seemed appropriate for the State to provide something tangible at this point. Glenn Moshier, City Manager interjected that the City staff was hoping to bring a more complete packet to the June Council meeting. Staff who has put a lot oftime and effort into the planning and have a better understanding of the process going forward will be prepared to speak during the next Council meeting. Moshier explained $100,000 will move the project from the concept phase into the next phase which includes engineering for the further extension of the path. This would be basically from Main Street up to the existing Sunrise Trail; that portion will require extensive engineering, and there are multiple different options that are being explored. Moshier explained the $100,000 will fund the construction phase from where the trail currently ends to the Main Street portion and then the next phase of this investment will come with cost estimates on extending it further. Councilor Kaplan stated one of her concerns was the path must be ADA compliant; she questioned whether this would require year round maintenance. Blanchette explained there is a question on that requirement in regards to plowing, sanding, and salting; the current path is not maintained to that level. Kaplan wondered what the annual cost would be to maintain the path. If it is not maintained during the winter and it is supposed to be in order to comply with ADA regulation, would the City be opening themselves up to liability if someone slips and falls? Lisa Sekulich, Public Works Director explained these are all of the topics staff was planning on presenting information on at the next Council meeting. The Maine DOT does have a program through the Trails Program. That is the same program that funded the PPI, a study was just conducted, and an application for that program is due in August. The goal was for staff to present this information next month and request the $100,000 matching funds to the Maine

8 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

On a motion by Blanchette, seconded by Grindle, it was unanimously

RESOLVED to approve tabling Council Order #042108, Discussion and action on supporting the bike/pedestrian path extension project with local support through a future funding source until the June Council meeting.

CONSENT AGENDA Consent Agenda.

CONSENT AGENDA: All items with an asterisk(*) are considered to be routine Approved - Consent and will be enacted by one motion. There will be no separate discussion ofthese agenda items as items unless a Council member so requests, in which event, the item will be presented this removed from the Consent Agenda and considered in its normal sequence on the evening. Agenda.

Council Order #052100, Request ofthe Recreation Commission to accept the Approved - CO resignation from Shane Lowell term to expire on June 30, 2021. * #052100, Shane Lowell resignation.

Council Order #052101, Request ofthe Recreation Commission to appoint Daron Approved- CO Goldstein term to expire on June 30, 2022. * #052101, appointment of Darion Goldstein.

Council Order #052102, Request to accept a donation of labor and materials for Approved - CO the installation ofa footbridge on the walking path in the Shore Road vicinity. * #052102, donation of labor and materials for a footbridge.

Council Order #052103, Request ofthe Librmy Board of Trustees to disband the Library Approved - CO Special Collections Committee. * #052103, disband the Library Special

9 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

RESOLVED to approve the consent agenda items as presented this evening.

NEW BUSINESS New Business.

Public hearing and action on the issuance ofBu siness License (s):

Shinbashi Inc. dlb/a Shinbashi Restaurant, 139 High Street, for renewal ofa City Approved - Shinbashi Class C License (Victualer and Liquor) and renewal ofa State Restaurant (Class Inc. d/b/a Shinbashi I, 11, III, IV) Malt, Spirituous and Vinous Liquor License. Restaurant, 139 High Street, for renewal of The staff reports the premises are in compliance with required codes and a City Class C License ordinances necessary to issue the requested licenses. (Victualer and Liquor) and renewal Public hearing was opened. of a State Restaurant (Class I, II, Ill, IV) There were no comments. Malt, Spirituous and Vinous Liquor Public hearing was closed. License.

On a motion by Phillips, seconded by Kaplan, it was unanimously

RESOLVED to approve the request ofShinbashi Inc. dlbla Shinbashi Restaurant, 139 High Street, for renewal ofa City Class C License (Victualer and Liquor) and renewal ofa State Restaurant (Class I, II, Ill, IV) Malt, Spirituous and Vinous Liquor License.

Charles B. & Ariela L. Zucker d/b/a Twilite Motel, 147 Bucksport Road, for Approved - Charles B. renewal ofa City Lodging License. & Ariela L. Zucker d/b/a Twilite Motel, The staff reports the premises are in compliance with required codes and 147 Bucksport Road, ordinances necessary to issue the requested licenses. for renewal of a City Lodging License. Public hearing was opened.

There were no comments.

10 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

Public hearing was closed.

On a motion by Blanchette, seconded by Kaplan, it was unanimously

RESOLVED to approve the request of Charles B. & Ariela L. Zucker dlbla Twilite Motel, 147 Bucksport Road, for renewal of a City Lodgbtg License.

Manny's Greek Grill, LLC, 248 State Street Suite N for renewal ofa City Class C Approved - Manny's License (Liquor and Victualer) and renewal ofa State Restaurant (Class III & IV) Greek Grill, LLC, 248 Malt and Vinous Liquor License. State Street Suite N for renewal of a City The staff reports the premises are in compliance with required codes and Class C License ordinances necessary to issue the requested licenses. (Liquor and Victualer) and Public hearing was opened. renewal of a State Restaurant (Class III There were no comments. & IV) Malt and Vinous Liquor Public hearing was closed. License.

On a motion by Blanchette, seconded by Miller, it was unanimously

RESOLVED to approve the request ofManny's Greek Grill, LLC, 248 State Street Suite N for renewal of a City Class C License (Liquor and Victualer) and renewal of a State Restaurant (Class III & IV) Malt and Vinous Liquor License.

Brian Langley d/b/a Union River Lobster Pot, 8 South Street, for renewal ofa City Approved - Brian Class C License (Victualer and Liquor) and renewal ofa State Restaurant (Class Langley d/b/a Union L II, III, JV) Malt, Spirituous and Vinous Liquor License. River Lobster Pot, 8 South Street, for The staff reports the premises are in compliance with required codes and renewal of a City ordinances necessary to issue the requested li censes. Class C License (Victualer and Public hearing was opened. Liquor) and renewal of a State Restaurant There were no comments. (Class I, II, III, IV)

11 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

RESOLVED to approve the request ofBrian Langley dlb/a Union River Lobster Pot, 8 South Street, for renewal ofa City Class C License (Victualer and Liquor) and renewal ofa State Restaurant (Class 1, II, III, JV) Malt, Spirituous and Vinous Liquor License.

Following the vote, Councilor Phillips inquired when the Lobster Pot would be reopening for the season. Mr. Langley stated he was hoping for around June 5 or a few days after. Langley felt it would be more like a normal year; he is looking forward to guests returning to sitting down at tables.

Douglas J. Kiehm and Racheal E. Wallace d/b/a Homestead Motel and Cottages, Approved - Douglas J. 143 Bucksport Road, for renewal ofa City Lodging License. Kiehm and Racheal E. Wallace d/b/a The staff reports the premises are in compliance with required codes and Homestead Motel and ordinances necessary to issue the requested licenses. Cottages, 143 Bucksport Road, for Public hearing was opened. renewal of a City Lodging License. There were no comments.

Public hearing was closed.

On a motion by Blanchette, seconded by Kaplan, it was unanimously

RESOLVED to approve the request ofDouglas J. Kiehm and Racheal E. Wallace dlb/a Homestead Motel and Cottages, 143 Bucksport Road, for renewal ofa City Lodging License.

Council Order #052104, Appointment ofSu zanne McLean as Tax Collector by the Approved - Council City Council and confirmation of the appointment as Deputy Treasurer. Order #052104, Appointment of \Suzanne McLean as

12 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

On a motion by Blanchette, seconded by Miller, it was unanimously

RESOLVED to approve Council Order #052104, Appointment ofSuzanne McLean as Tax Collector and Deputy Treasurer with a term to expire on Ju11e 30, 2021.

Council Order #052105, Request ofthe Public Works Director to accept MPI Approved - Council Funds from MDOTfor necessary work on the Christian Ridge Road and authorize Order #052105, the City Manager to sign the documents. Request of the Public Works Director to Lisa Sekulich, Public Works Director explained she has been working for accept a Municipal approximately 1.5 years with Maine DOT to secure funding for redoing a section Partnership of the Christian Road from approximately Bucksport Road to Grant Street. The Agreement with City has been approved for funding beginning on January I, 2022; originally it Maine DOT for the appeared the City would be on the 2023 list. Sekulich is requesting the municipal reconstruction of a partnership agreement of a 50150 split up to a maximum from the Maine DOT be portion of the approved this evening. The Maine DOT will contribute $475,000; with the City Christian Ridge Road matching $475,000 or whatever it costs above and beyond the $950,000. This and to allow the City price includes engineering and construction for that section of the road. See Manager to sign attaclunent #4, for the complete request including the State of Maine Department required of Transportation Municipal Partnership Agreement. Chair Hamilton inquired if documentation. Sekulich was anticipating completion during the next fiscal year. Sekulich noted Funding for this if the funding is not received until January 1, 2022, the engineering will need to be project to be from the completed first which will be completed in 2022 and then with any luck Local Roads Capital construction could start in late 2022 or early 2023. It would be approximately 1 to Improvement Account 1.5 years before the road will be rebuilt. (9090900-59001 ).

011 a motion by Phillips, seconded by Miller, it was unanimously

13 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

RESOLVED to approve Council Order #052105, Request of the Public Works Director to accept a Municipal Partnership Agreement with Maine DOTfor the reconstruction ofa portion of the Christian Ridge Road and to allow the City Manager to sign required documentation. Funding for this project to be from the Local Roads Capital Improvement Account (9090900-59001).

Council Order #052106, Request ofthe Public Works Director to accept a bid for Approved - Council the FY2021 paving projects. Order #052106, Request of the Public Lisa Sekulich, Public Works Director reminded the City Council that the paving Works Director to contract was not put out to bid in early FY2021. At this time, the paving contract award the FY2021 is being placed out to bid for FY2021 to be completed by July 1, 2021 . A bid Maintenance paving opening was held on May 13, 2021; six RFPs were requested only two bids were contract to Eurovia received. This was due to contractors being very busy at this point in time. See Northeast Paving per attachment #5, for the complete request including the bids submitted, spreadsheet the attached pricing with bid results, and Invitation to Bid documents. Eurovia-Northeast Paving and (attachment #5). The Wellman Paving were the only two that returned bids. Eurovia-Northeast Paving, Contract amount to previously known as, Lane's Paving was the low bidder; therefore, Sekulich is be funded from the requesting the bid be awarded to them. Councilor Phillips inquired how the unit Local Roads Capital prices compared to those from last year. Sekulich noted they are approximately Improvement Account $10 - $15 per ton higher. Phillips noted the prices will likely continue to creep up. (9090900-59001 ).

On a motion by Phillips, seconded by Blanchette, it was unanimously

RESOLVED to approve Council Order #052106, Request ofthe Public Works Director to award the FY2021 Maintenance paving contract to Eurovia Northeast Paving per the attached pricing (attachment #5). The Contract amount to be funded from the Local Roads Capital Improvement Account (9090900-59001).

Public hearing and action on Council Order #052107, the Ellsworth School Budget Resolutions for FY 2022. a. Order Approving State/Local EPS Funding Allocation for Public Education from Kindergarten to Grade 12 for Ellsworth Schools for FY2022.

14 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

Daniel Higgins, Ellsworth Superintendent of Schools provided an explanation on the proposed School Budget. See attachment #6 for the complete request, suggested motions, spreadsheet of expenditures and revenues, as well as the Notice of Amounts adopted by the Ellsworth City Council (for informational purposes only, the signatures will be obtained on Thursday night). Since the presentation on April 12, 2021 the School Board and staffhave been working on finalizing the budget and creating a final document; this was approved by the School Board unanimously on April 27, 2021 . The budget that was approved on April 27, 2021 was based upon the budget that was approved by the State of Maine Legislature back at the end of March and is reflected in the April 5, 2021 #8279 subsidy documents. Since the School Board budget meeting with the City Council the tuition revenues have been I updated based upon the completion of the recruiting process by the Ellsworth High School staff and HCTC staff. They have completed the nickeling and

15 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

the School System to receive full State subsidy. This represents a decrease of over J $82,000 from last year. Additionally, the School will see an increase of $161 ,679 in subsidy for Pre-K through Grade 12 education. Higgins stated the School I Department will also receive support from the State for career and technical education programs. There will be an increase of $35,990.47 which is just under $1.7 million to support that program. Higgins directed the City Council to look at the tuition and CTE assessment lines. When the School Department presented at the Council budget workshop held on April 12, 2021 the School was proposing approximately an $111,000 increase in tuition payments to the School system; through the final recruiting process it has become apparent there will be a projected $152,000 increase in tuition revenues. This increase will offset the local assessment. Additionally, the CTE assessment line has been increased by $26,649; this is a little bit lower than what was presented during the workshop. The reason for this decrease was because some budget reductions were identified within the HCTC budget. This is still a positive element because there will be increased revenues coming in to the assessment line. Higgins addressed the revenues within the Adult Education section; when the School presented during the April 10, 2021 workshop it was estimated that there would be a $79,000 increase; however, they found some budget reductions as well as they are going to apply $35,000 of Fund Balance to offset expenditures in adult education.

Higgins addressed the expenditures side of the budget as well. In the Regular Instruction there is an increase of 6.09%. The reason for the $12,000 increase is they found during a final review of the budget the expansion of the Pre-K program to be five days a week on a full day basis was not included in the original numbers. This cost is estimated at $24,000. They also found a $12,000 reduction due to a successful bid process on the replacement of Chromebooks for student one-to-one computing at the Ellsworth High School; this will net a $12,000 increase on that line item. The Career and Technical Education line item had additional changes. When

16 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

Higgins noted within food services an increase was already discussed in the earlier workshops and currently there is one more piece that is being worked on. Last year, when the budget was designed it was based off from projected revenues or what they expected to have for lunch sales. At the time, that budget was created last year the goal was to have the students back in school full-time. The bulk of the year was spent with half or less than half of the students in school on a daily basis; as a result, the revenues to support the Food Service Program are lower than what had been projected. Two weeks ago an estimate was created on what the School might need to transfer from the General Fund to make that program whole for the year; it is approximately $93,000 that might need to be transferred. Higgins explained that because only half of the students that were expected were coming into the school paying for lunch; even though, the State was reimbursing at a higher level the revenues were still not available to support the program. Less money was spent on food and equipment; however, there is still a gap to make up. The good news on that front is since the School has returned to five day instruction with the majority of the students attending there has been a healthy uptick in those revenues. Higgins expects that $93,000 amount to be reduced. The budget for next year is anticipating having all of the students back in school this fall ; therefore, this budget was based on the traditional reimbursement of funds that the School receives from the

17 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

Councilor Kaplan inquired if the students are currently being charged for lunches. Higgins explained that through the school lunch program a law was passed that the State would reimburse for all students that receive lunch. All students are receiving lunches for free because the School is receiving a reimbursement from the State to cover that expense. Higgins stated even with that change, they were only feeding roughly halfof the student that are enrolled in the Schools because they were coming every other day. Ifparents continued to put money on their lunch accounts and were not charged for lunches, they should contact the Food Services Director Ray Daley to verify the amount on the account and then be issued a refund.

Councilor Grindle inquired when the final State subsidy figures would be available. This budget is based on the March figures; Higgins noted right now those are the final figures. What is not known is what the Governor has proposed for an updated budget. There is supposed to be $187 million for general purpose aid and on the municipal side Higgins understood there should also be some revenue sharing. An estimate on those figures were provided today; however, the final figures will not be known until the Legislature votes to approve a budget that has been amended. There is no guarantee this is what will happen; however, information provided today indicated with the budget that has been proposed: $187 million dollars would commit the State to reaching 55% of the cost of education across the State (as was voted on many years ago). This would not increase the total allocation for education, what it would do however is decrease the required local contribution of a municipality or mil rate expectation on the sheet and increase the State subsidy allocation by the same amount. Basically a reduction in the mil rate from 7.9 to 7 .26 mils was proposed in the information provided during the afternoon of this meeting. The numbers indicate a $690,000 decrease in required local allocation. There would be a similar increase dollar for dollar on the line that says State subsidy allocation. Higgins identified there is an item within the Council Orders that addresses three options for handling any additional funding. These include expending additional funding within the cost centers, place those additional funds

18 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

DATE: MAY 17, 2021 TIME: 7:00 PM PLACE: ELLSWORTH CITY HALL COUNCIL CHAMBERS CITY COUNCIL PRESENT: BLANCHETTE, GRINDLE, HAMILTON, KAPLAN, L VONS, MILLER, AND PHILLIPS. CITY COUNCIL ABSENT: KEY SPEAKERS PRESENT: CITY MANAGER GLENN MOSHIER, JENNIFER MERCHANT, ADAM \\TILSON, SUE MCLEAN, LISA SEKULICH, KATINA HOWES, GARY SAUNDERS, DANIEL HIGGINS, MICHAEL HARRIS, AND HEIDI GRINDLE. into a reserve account that has already been approved, or the Council could reduce the local allocation. Higgins stated for the public's benefit the Council must take action tonight on the budget because there is a budget validation referendum I scheduled in June. The actual final figures may not be available from the State until June at the statutory adjournment date before the budget is approved at the State level. The Council Order does provide the opportunity to discuss that topic and any additional funding that may become available. Grindle wondered if there was $3.3 million unspent or will be unspent at the end of the year. Higgins stated that information does have the current expenditures listed. When the School Department reported at the Council workshop they tried to obtain projected ending balances; on April 12 the School Department was just over $2 million. It was estimated to be slightly lower than that now because the School Department has had some additional expenditures. Those numbers have been factored into the decision to put $1.8 million towards fund balance. Higgins also recommended consideration on some dollar amounts to put into Reserve Accounts in order to position the School for the future. The final audit has not been returned yet. He did not want to make that fonnal recommendation tonight although the School is highly confident of those figures. Grindle remembered Higgins had a number of Reserve accounts in mind and asked him to provide a quick number on the allocation to those Reserve accounts. Higgins stated they are considering a Special Education Reserve: $150,000; Minor Capital Reserve Account: $200,000; and either into a General Education Reserve or an HCTC Minor Capital projects Reserve Account: $100,000 which would be a total of $450,000. This would still allow the School Department to manage the Fund Balance moving forward. Higgins reminded the Council that during the FY2021 budget the School Department applied $1.32 million and in FY2022 they are projecting to apply $1.8 million for the next budget. The School Department is able to do this because during the past two years they expended less money than was budgeted; partially due to the pandemic and then this year the School Department had a terrible time finding adequate staff. The School will not be able to sustain those levels of fund balances indefinitely.

Chair Hamilton stated the $1.32 and $1 .8 transfer into the fund balance should be kept in mind; hopefully the 55% will be funded and there will be close to $700,000 available to think about. Hamilton noted this will be a pretty significant increase next year; the assumption is the School Department will be spending the entire budget. The pandemic impacted the budget and the spending pattern during that time. Hamilton stated it is something to be aware of moving forward; the allocation

19 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

Councilor Lyons inquired how much of the COVID funds were still available and what could those be expended on. When there was a deadline of expending the funds by December 30; the School Department found ways to support keeping the schools open and safe. They were creative; however, met their needs. Higgins explained there have been several sets of funds that have come forth. He explained the different funds, when they were received, and how the funds were spent. Higgins explained the funds known as ESSER 2 are still remaining; there was $888,000 and ESSER 3 which is like the American Recovery Program Funds in the amount of $1.9 million. The School is still reviewing the final requirements for 1 spending those funds. Some of the things being considered are: what kinds of staffing will be needed next year to help students recover from any learning loss that they may have had, to support social, emotional, mental health, and to support physical health. Everyone is expecting as life moves forward, the pandemic ends, and things return to normal the pieces will need to be in place and staffing available to support the Schools moving forward. Those are the types of things the School is researching for expending those funds on. The deadline for expending those last two sets of funds extend out until 2023 and 2024. Those funds can be used to support the Schools and supplement what is already taking place, they cannot replace funds already within the budget. Lyons inquired if funds could creatively be used to support the pedestrian/bike trail because the kids use the trail and the school recently purchased new mountain bikes that could likely be used on that trail. Higgins was not sure but he did not think so because he has not seen the final rules on the last set including the almost $2 million. Everything available from the other sources of funds stated, it has to be directly related to COVID, keeping your schools open, and safe. Higgins stated he is making a mental note for this potential connection because it might be possible to make that argument for supporting that project. Lyons thought with parts of the City lagging in broadband; it might be possible some of the funds could be used toward the expanded broadband project within Ellsworth. Higgins was not aware of any particular broadband project; however, they have expended a large amount of funds to make sure all of the

20 RECORD OF REGULAR MEETJNG ELLSWORTH CITY COUNCIL

Councilor Kaplan asked Higgins to define what he meant when referring to social, emotional, and mental health. Higgins stated the School is looking at using these funds to hire a board certified behavioral analyst to support the Special Education Program. Special Education students were hit particularly hard with only being able to attend School every other day. In some cases having a difficult time accessing their programs. In addition to challenges academically a lot of students that were in those programs experienced some emotional challenges. They are looking at professional development for the staff, supplementing the guidance program, and supplementing the social worker program, to make sure that students as they come back to School and continue to be in School have access to those services. The Summer School Program is not attracting a lot of interest this year; a lot of families and students would like a break from school and that is understandable. It has been a long difficult 15 months for everybody. Higgins stated they are also looking for an opportunity to use those funds for summer camps. For activities that provide children with social and emotional growth and developmental opportunities while taking a break from academics.

Chair Hamilton noted the School Board and Superintendent have been following the rules that have been put in front of them; they have had no choice but to do that. The following statements are not a reflection on the Ellsworth Superintendent or the Ellsworth School Board. Hamilton found it remarkable that there are millions of dollars being funneled in because everyone is faced with addressing what has become a very significant concern, emotional and mental health needs of the children because the schools were closed. The way that the schools were closed in this State and other States impacted this situation. Hamilton hoped in the future there will be more consideration given around that type of impact so there can be an honest debate and discussion in determining what is in the best interest of the kids based on the facts and information that is available. He felt it was a travesty that now many children need extra support because of the toll this pandemic placed on them. In his opinion, some of that is based on decisions that have been made, not

21 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

Higgins noted they are still working on the biggest challenges of reopening completely. They have brought back all of the students with the exception of two grades that want to be back. Additional changes were published this morning; however, one thing that did not change was the requirement to maintain the six foot distance when the students are eating. According to the health and safety guidelines the School can open things up a little bit more.

Kaplan inquired if the School was going to require vaccinations for 12 year olds and up. Higgins stated no. She then inquired if any of this emotional health was geared towards combating the opioid epidemic; this starts in high school. Higgins stated a lot of the resources that the school guidance and social workers have put together are looking at all causes of social and emotional distress. Certainly substance abuse is part of that and throughout this pandemic that is something that increased in many places.

Councilor Blanchette questioned in regards to the disposition of additional state subsidy would it all be given to the School Department. Higgins stated no, the School Board has presented three or four different scenarios on how any additional funds could be distributed. In the past, extra funds were divided 75% toward reducing the local assessment and $35,000 to fund a different project. The important part was there was a conversation on how to handle those additional funds. There is a potential for a large sum of additional funds and if the proposed budget passes; at the time the additional funds become available Higgins may advocate for funding some projects that were either removed from the budget or have been put in the application for grant funds (which cannot be filed yet), as well as putting a portion towards reducing the local appropriation. There needs to be conversation on what is in the best interest of the community, schools, and taxpayers. Higgins did not have a percentage in mind at this point. Higgins stated the School system has not mandated or required the vaccine; however, they have made the opportunity available for interested staff members and eligible students. An on-site clinic will be held for students age 16 and above, tomorrow. Communication will go out to parents tomorrow for an on-site clinic next week for students 12 and above. Kaplan

22 RECORD OF REGULAR MEETING ELLS\VORTH CITY COUNCIL

Lyons asked if Higgins had thought about possible reductions if the voters do not I pass this budget at the Election. Higgins stated the School Board is at the point that they were able to include in this budget some additional staff to support increased enrollment. This budget is made up of between 65% and 85% costs to support staff. Ifthe voters during the budget validation referendum vote not to approve the budget, they will not be given the opportunity to tell the School how much to reduce the budget by. The budgeting process has to be repeated by the School Board, then the City Council has to approve a new budget, and then that budget goes back out to the voters. Higgins stated yes, the School Board has a prioritized list of necessary expenses which is how they arrived at a figure for tonight. If further reductions are necessary, they will likely involve cutting staff and programs. He presented the entire list during the workshop on April 12; however, the School has presented a budget this evening that does not provide a significant increase to the local tax base on an annual basis. Last year, there was a tiny decrease, this year there was a $6,000 increase overall. He hopes the voters recognize the fact that the School Department has submitted responsible budgets the past few years.

Public hearing opened.

There were no public comments.

Public hearing closed.

Grindle inquired if the numbers within the Council packet changed (attachment #6). Higgins stated the numbers that were in the packets today should reflect what is in the proposed budget this evening. Nothing has changed; the spreadsheet referenced this evening is just a different layout of the same numbers contained within the Council Orders provided as part of attachment #6.

011 a motion by Phillips, seconded by Blanchette, it was unanimously Approved - City Council Order RESOLVED to approve City Council Order #052107a: ORDERED that the #052107a: ORDERED

23 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

On a motion by Phillips, seconded by Kaplan, it was unanimously Approved - City Council Order RESOLVED to approve City Council Order #052107b: ORDERED that the #052107b: ORDERED City will raise and appropriate for the annual payments on debt service that the City will raise previously approved by the legislative body for non-state-funded school and appropriate for construction projects, or non-state-/unded portions ofschool construction the annual payments projects in addition to the funds appropriated as the local share of the school on debt service ..... administrative unit's contribution to the total cost offunding public education The School Board from kindergarten to grade 12. Recommends The School Board Recommends $83,059.34 $83,059.34.

On a motion by Blanchette, seconded by Phillips, it was Approved - City Council Order RESOLVED to approve City Council Order #052107c: ORDERED that the City #052107c: ORDERED ofEllsworth raise and appropriate $2,463,536.36 in additional local funds, that the City of which exceeds the State's Essential Programs and Services allocation model by Ellsworth raise and $2,463,536.36 as required to fund the budget recommended by the school board? appropriate $2,463,536.36 in The School Board recommends $2,463,536.36 for additional local funds and additional local funds, gives the following reasons for exceeding the State's Essential Programs and which exceeds the Services funding model by $2,463,536.36. This amount is needed to cover the State's Essential School Department's expenses that are not recognized orfully funded by the Programs and State's funding model: Facilities/Maintenance costs, Special Education costs, Services allocation Technology costs, Transportation costs, Professional Development costs, and model by System Administration costs. $2,463,536.36 .....

24 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

A final vote was taken following the explanation with all members voting unanimously in favor.

On a motion by Blanchette, seconded by Miller, it was unanimously Approved - City Council Order RESOLVED to approve City Council Order #052107d: ORDERED that the City #052107d: ORDERED ofEllsworth will authorize the School Board to expend for the fiscal year that the City of beginning July 1, 2021 and ending June 30, 2022 from the school administrative Ellsworth will unit's contribution to the total cost offunding public education from authorize the School kindergarten to grade 12 as described in the Essential Programs and Services Board to expend for Funding Act, non-state-funded school construction projects, additional local the fiscal year funds for school pU1poses under the Maine Revised Statutes, Title 20-A, section beginning July 1, 2021 15690, unexpended balances, tuition receipts, state subsidy and other receipts and ending June 30, for the support ofschools. 2022 ...... Recommend Recommend $23,43 7,190. 48 $23,437,190.48

On a motion by Phillips, seconded by Blanchette, it was unanimously Approved - City Council Order RESOLVED to approve City Council Order #052107e: ORDERED that the City #052107e: ORDERED ofEllsworth appropriate $243, 787.19 for Adult Education and raise $243, 787.19 that the City of as the local share; with authorization to expend any additional, incidental, or Ellsworth appropriate miscellaneous receipts in the interest and for the well-being ofthe adult $243,787.19 for Adult education program. Education and raise $243,787.19 as the local share ...

25 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

On a motion by Blanchette, seconded by Phillips, it was unanimously Approved - City Council Order RESOLVED to approve City Council Order #052107g: ORDERED that in #052107g: ORDERED addition to amounts approved for the Fiscal Year 2021-22 School Operating that in addition to Budget, the School Board be hereby authorized to expend such other sums as amounts approved for may be received from federal or state grants or programs or other sources the Fiscal Year 2021- during the fiscal year for school purposes, provided that such grants, programs 22 School Operating or other sources do not require the expenditure of other funds not appropriated Budget, the School for the School Operating budget Board be authorized to expend such other sums as may be received from federal or state grants or programs.....

On a motion by Blanchette, seconded by Miller, it was Approved - City Council Order RESOLVED to approve City Council Order #052107h: ORDERED that in the #052107h: ORDERED event the Ellsworth School Department receives more state education subsidy that in the event the than the amount included in its budget, the School Board be authorized to use Ellsworth School all or part ofthe additional state subsidy to increase expenditures for school Department receives purposes in cost center categories approved by the School Board, increase the more state education allocation offinan ces in a reserve fund approved by the School Board, and/or subsidy than the

26 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

Council Order #052108, Request oft.he Wastewater Superintendent to accept a Approved - Council quote for repairs to the aeration blower located at the Wastewater Treatment Order #052108, accept Plant. the price quote from APG Neuros in the Michael Harris, Wastewater Superintendent explained there is an aeration blower amount of $29,840 to at the Wastewater Treatment Plant that has a failed core. It has been sent to be funded from the Korea; a quote in the amount of $29,840 has been received from the manufacturer. Wastewater See attachment #7 for the complete request including a quote from APG Neuros. Treatment Plant This piece of equipment is required for the plant to function correctly. Capital Reserve Account. On a motion by Phillips, seconded by Kaplan, it was unanimously

27 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

Council Order #052109, Discussion and action on a proposal to change the start Approved - Tabling time ofth e Council meetings to 6:00 PM. (Sponsored by Chair Hamilton) Council Order #052109, Discussion Chair Hamilton explained this request has come up in terms of trying to make the and action on a City Council meetings a little more convenient to attend for the public, City Staff proposal to change the (especially as the meetings have been extending later into the evenings), and most start time of the of the other Committees/Commissions/Boards have start times of 6:00 PM. Council meetings to Hamilton was curious if there was any interest by this Council to change the start 6:00 PM. time or not; he realized nothing was perfect and some people may not be able to attend that early. Councilor Phillips felt years ago the start time was set at 7:00 PM and that was based on a traditional workday of 8 AM - 5 PM. This start time allowed those who worked time to finish their day, change, and arrive at City Hall at a reasonable time. This also allowed people who wanted to attend the meeting the same opportunity. Phillips noted maybe life has changed; however, he thought that was the reason the time was set that way and never amended. Councilor Lyons noted sometimes he is hard pressed to arrive at City Hall by 7:00 PM; however, he has the ability to make a different arrangement if it is necessary. There are times Lyons does not finish his workday until 6:00 PM; Phillips also shared that work schedule prior to his retirement. Lyons could make arrangements to make a 6:00 PM meeting, if that was the will of the Council. Councilor Blanchette was fine either way; however, he was leaning toward keeping it the same. Blanchette felt it might make it more difficult for the employees that attend the meetings because they would have to stay between the end of the day and the beginning of the meeting without an opportunity to go home first. Lyons wondered if the employees would rather stay over and have the meetings get over a little earlier. Glenn Moshier, City Manager noted the employees present this evening normally do stay in Ellsworth between 5 PM and 7 PM. Lyons stated putting the employees above himself he thought it might be better to start the meetings at 6:00 PM; he had mixed feelings about it. Councilor Kaplan was curious what the other employees in the room felt about changing the time of the meetings. The consensus of the employees in the room was they are in favor of the earlier start time. Moshier stated the concept came up during a Management meeting. The question was raised because all of the other meetings such as the

28 RECORD OF REGULAR MEETING ELLS\VORTH CITY COUNCIL

On a motion by Grindle, seconded by Miller, it was unanimously

RESOLVED to approve tabling Council Order #052109, Discussion and action on a proposal to change the start time ofthe Council meetings to 6:00 PM.

Council Order #052110, Discussion and potential action on Summer Use of This was a discussion Downtown Parking Spaces. (Sponsored by Chair Hamilton) item only, no action was required or taken Chair Hamilton stated earlier in the meeting there was a discussion concerning this evening. some changes being made downtown to add some green spaces and access. The reason for this discussion is to make sure that the Community is aware of that

29 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

of the City. The goal is to monitor the use of this area by the amount of activity J that takes place there and then move forward in the future based on whether it was viewed as a valuable endeavor or not. Councilor Kaplan inquired what happens to the park when the businesses close for the night. Moshier explained the park will not close at night; although, the area does have surveillance videos of the parking lot so it will be watched over at night. This area is safely lit at night as well as the umbrellas do have lights in them. The individual businesses were not polled; however, most of the conversations have gone through the Heart of Ellsworth. Everyone Moshier has spoken with or heard comments from have been very positive. Lyons was concerned some restaurants would feel disadvantaged because of their distance from the park; however, Moshier stated everyone's understanding is this would be a take-out dining area only. Even in light of the COVID restrictions being lifted there will still be people who are not comfortable eating in restaurants, especially if they are crowded so this park provides a nice

30 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

DATE: MAY 17, 2021 TIME: 7:00 PM PLACE: ELLSWORTH CITY HALL COUNCIL CHAMBERS CITY COUNCIL PRESENT: BLANCHETTE, GRINDLE, HAMILTON, KAPLAN, L VONS, MILLER, AND PHILLIPS. CITY COUNCIL ABSENT: KEY SPEAKERS PRESENT: CITY MANAGER GLENN MOSHIER, JENNIFER MERCHANT, ADAM WILSON, SUE MCLEAN, LISA SEKULICH, KA TINA HOWES, GARY SAUNDERS, DANIEL HIGGINS, MICHAEL HARRIS, AND HEIDI GRINDLE. alternative. There will be a hot spot available for internet access; however, there will not be restrooms available. Daron Goldstein from Provender was encountering technical difficulties joining the meeting remotely; however, he wanted to Jet the City Council know he was interested in blocking off two parking spots in front of his restaurant starting on Memorial Day. This would be for the safety of the tables he would be offering out door service at. Moshier explained he had a conversation with Goldstein earlier before the final plans were made for the park. During these conversations, Moshier had granted Goldstein authority to continue the same dining experience he offered last year concerning dining outside of his restaurant on the sidewalk. The importance of this arrangement for his restaurant is it expands his ability to offer table service which is a much different experience for the diner compared to taking the food away from the restaurant in a box to eat at a picnic table. Goldstein felt it was important for his restaurant to be able to continue offering this level of ambiance to his customers. Moshier felt for the impact that two parking spaces which are directly located in front of his restaurant (only serving dinner at this point) has to the rest of the downtown area is fairly minimal. Moshier felt the benefits of reserving those two parking spots was worth the interruption. The reason for the two parking spaces being taken up is purely safety; he could do the same seating without actually taking out those two parking spaces. This was initially Moshier's request because he did not want diners to be sitting at the edge of the sidewalk and have someone trying to parallel park right next to their table running the risk of potentially hitting someone with a car. Moshier stated the only other impediment to parking that he has had requests for throughout all of the season last year and into this year was from Finn's Restaurant. They requested several months ago to be allowed to put signage out designating parking for their specific takeout pickup location. They were granted pennission to do that with the understanding that it is not enforceable. Even though the signs ask that it be reserved for Finn's pickup anyone can park there and they will not be towed or asked to move; this is strictly courtesy signage. Generally, people seem to be very receptive and mindful to the idea. Hamilton felt it was important to discuss this topic and moving into next summer will be a different situation; parking is pretty limited, and everyone wants the merchants to be successful. This appears to be a good group effort and the merchants are all aware of what is going on Downtown and are supportive of it. Moving forward into next year that could become problematic if every business wanted to take two spots; given the circumstances this summer and the fact the State is still on the fringe of the Pandemic it is a good way to support businesses.

31 RECORD OF REGULAR MEETING ELLS\VORTH CITY COUNCIL

This was a discussion item only, no action was required or taken this evening.

Council Order #0521 11, Request ofthe City Manager to confirm the appointment Approved - Council ofScott Guillerault as Fire Chiefand Director- Emergency Management for the Order #052111, City ofEllsworth. confirm Scott Guillerault as the Fire Glenn Moshier, City Manager was very pleased to announce that Scott Guillerault Chief and Director has accepted the Fire Chief position for the City of Ellsworth. He was in Emergency Ellsworth with his wife last week. Moshier spent time with Guillerault exploring Management for the ideas and plans for the future as well as explaining and providing a lot of the City of Ellsworth. historical information about the Fire Department. Guillerault was able to spend time with Gary Saunders as well, unfortunately, extenuating circumstances prevented him for spending a lot of time with the firefighters. There was an opportunity to meet and talk with many of them. Guillerault is very excited about the opportunity to return to Maine. He is originally from the southern part of the State and now has a daughter and grandchildren who live in Newport. See attachment #8 for the complete request. Guillerault and his wife are returning "home" from Beaufort South Carolina where he is currently a firefighter paramedic for the County of Jasper. He has 30 plus years of experience in the fire service including some time spent in Maine where he started out as a volunteer firefighter. In his current role in Jasper County, one of his subsidiary duties aside from being a firefighter and paramedic, is being responsible for recruitment, retention, and organization of their volunteer fire services. Moshier felt Guillerault would be a fantastic addition to the Fire Department; his first day with the City of Ellsworth will be June 21, 2021 . Beaufort does have an ambulance service; therefore, Guillerault has a fair amount of experience and knowledge in that area to share with the City of Ellsworth.

On a motion by Phillips, seconded by Miller, it was unanimously

RESOLVED to approve Council Order #052111, confirm Scott Guillerault as the Fire Chief and Director- Emergency Management for the City ofEllsworth.

Adjournment.

On a motion by Blanchette, seconded by Miller, it was unanimously

32 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

A TRUE COP

33 Economic Developm en~ I City Hall Plaza • Ellsworth, ME 04605-1942 Phone (207) 669-6655 www.ellsworthmaine.gov MEMO

To: City Council From: Janna Richards, Economic Development Director Cc: Glenn Moshier, City Manager; Lisa Sekulich, Public Works Director; Elena Piekut, City Planner Date: June 17, 2021 Re: Request to authorize a local match and commit to trail maintenance in order to meet the eligibility criteria of the Maine DOT Bicycle and Pedestrian Funding Program.

Case Statement: This project represents essential infrastructure for our community and will serve as a "community connector". This community connector will safely move our residents of all ages about their daily lives, whether that be, for example, walking to school, biking to work, or for recreational activities like jogging. Our residents are currently partaking in these activities and walking/biking to these destinations using a combination of sidewalks and roads; however, with major gaps in our sidewalk system, narrow road shoulders, and non-existent bike lanes within the urban core, this becomes unsafe, particularly on our busiest roads such as Oak Street, State, Street, and High Street. This connector will move people off of those roads and safely provide a walkway to perform day-to-day activities. Furthermore, we are still in direct "competition" with our neighboring communities to attract new and retain existing residents. Many of our "competitor communities" have signature walkways that make them standout to both existing residents and new residents/visitors. In this regard, this project will significantly contribute to our City's economic vitality and its return to both our business and residential community will be apparent.

Background: As background, in December 2019, the City submitted and was subsequently awarded a Maine Department ofTransportation (MOOT) Planning Partnership Initiative (PPI) grant (with a 50% local match contribution/$25,000) to evaluate the feasibility, cost, and impacts of a bicycle/pedestrian trail extension. The trail extension would connect the terminus of the existing City Bike/Ped Trail at Birch Avenue with the terminus of the Sunrise Trail at Beals Avenue/High Street. This connection is key as it would safely link residential neighborhoods with City schools, services, amenities, and businesses. The feasibility study was finalized in the winter of 2020 and it provides alternative routes for and costs associated with Phase I (Birch Avenue to Main Street) and Phase II (Main Street to the Sunrise Trail) of the trail connection. The Council held a workshop to discuss these alternatives and costs in February 2021. A link to the feasibility study can be found here - https://www.ellsworthmaine.gov/government/city-projects/2020-bicycle pedestrian-trail-connectivity-feasibility-studv/.

Next Steps: Funding Source - Currently the largest source of funding available to help advance this project is through the Maine DOT Bicycle and Pedestrian Program, which offers grants up to $400,000, with a required 20% Page 1of3 local match. The amount of the local match is contingent on the estimated cost of the total proposal/project. The recently completed feasibility study provides cost estimates for engineering and construction of both Phase I and Phase II of the proposed trail. From these estimates, a total budget of $500,000 ($400,000 grant dollars and $100,000 local match) would fund full engineering and construction of Phase I and preliminary engineering of Phase II. This proposal would allow the City to engineer and construct the trail extension from Birch Avenue to Main Street and make Phase II "shovel ready" so that the City could then be primed to apply for additional funding sources for Phase II construction in the future. Below is a breakdown of the proposed project deliverables and associated cost estimates: • Phase I Full Engineering (preliminary and construction design)-$81,250 • Phase I Construction from Birch Avenue to Main Street - $325,000 • Phase II Preliminary Engineering - $93, 750

Eligibility Criteria - Provided with this memo is the eligibility criteria to apply for funding through the Maine DOT Bicycle and Pedestrian Program. One piece of criteria is that the City certifies that it has secured the required matching funds for the project. This request before Council would determine if the City is able to meet that requirement in order to submit an application. The proposal is that the matching funds would come out of the FY 2022 budgeted TIF and Local Roads funds. Trails are an eligible expense to be funded through TIF dollars and there are funds available in the City's TIF budget to be allocated toward this match. Funds from the Local Roads budget are being proposed as match because this project would result in the closure of Spring Street, which if not converted into a trail, would require significant expenditures out of the Local Roads budget to improve the street to City standards.

A second piece of criteria is that "The applicant has committed to maintaining the proposed project's improvements (including winter maintenance) for the next 20 years." Staff has prepared a budget (shown below) that presents one-time costs and yearly expenses related to a trail maintenance plan. It is important to note that these costs do not need to be budgeted from FY 2022, as the trail will not be completed until earliest FY 2023/FY 2024. However, staff would like the Council to consider the proposed budget in order to understand if the City will be able to meet this eligibility requirement for the application's submittal.

EXPENSE OCCURANCE AMOUNT BUDGETED FROM Highway Employee Yearly $65,700 (includes salary 20% of salary from TIF and benefits) Funds ($10,500) Remaining from Public Works/Highway ($55,200)

Salt/Sand Yearly $1,000 TIF Funds Machine (three quotes One-time $35,300 (rounded) TIF Funds included. Recommend John Deere Gator with plow and sander.)

Page 2 of 3 Request: This memo serves to respectfully request the City Council to authorize the local match and to commit to a trail maintenance plan, both eligibility criteria to apply for the Maine DOT Bike Ped Funding Program.

Accordingly, the following motions are suggested: 1. Authorize a local match up to $100,000, evenly allocated from FY 2022 budgeted TIF and Local Roads funds, in order to apply for up to $400,000 from the Maine DOT's Bicycle and Pedestrian Program to fund Phase I full engineering and construction and Phase 2 preliminary engineering of the City's Bike/Pedestrian Trail extension. 2. Commit to a trail maintenance plan, budgeted from future TIF Funds and Highway Department funds.

Page 3 of 3 Maine DOT BikePed Funding Program

Please note: MaineDOT's BikePed Funding Program was formerly known as the Transportation Alternatives Program {TAP}, Transportation Enhancements, Quality Communities, and Safe Routes to School Funding programs.

General Information about the BikePed Funding Program

MaineDOT's federally-funded BikePed Funding Program was created to help communities improve safety for pedestrians and bicyclists, and to provide transportation options that relate to surface transportation under the eligible categories outlined under the FAST Act and prioritized by MaineDOT. These priorities include:

a. Improved safety for walkers and bikers b. Safe Routes to School for non-drivers c. Pedestrian & Bicycle Facilities d. Utilization of Transportation Corridors for BikePed Trails.

The BikePed Program principally supports locally-initiated projects that improve the community's transportation environment, economic vibrancy, safety for pedestrians and bicyclists, downtown revitalization initiatives and environmental mitigation. There is a required 20% non-federal share required under the federal requirements.

Funding opportunities are available to help expand transportation choices and enhance the transportation experience through eligible activities related to surface transportation, including pedestrian and bicycle infrastructure, safety programs, ADA Accessibility projects, and efforts to ensure that school age children can safely access their local schools and afterschool programs. Projects must relate to surface transportation and must qualify under one or more of the eligible categories outlined under the FAST Act. The FAST Act is the primary source of funding for bicycle and pedestrian stand-alone projects in the United States and in Maine. Successful projects must demonstrate that they will provide improved access or improve safety conditions.

More detailed information on this funding under the FAST Act can be found here: http://www.fhwa.dot.gov/environment/transportation alternatives/guidance/guidance 20 16.cfm Application Process

• MaineDOT annually allocates the Bicycle and Pedestrian Program about $3.0 million in federal funds for this statewide program. Each project has a 20% local match requirement with a maximum federal allocation of $400,000 per project.

• MaineDOT is currently accepting applications for projects that can be designed with construction dates in the next 3-years. Communities seeking construction before then will need special approval and must contact the BikePed Program Manager to discuss their application.

Below is the process for project identification and application for available funding:

Step 1. Phone Call: Call the MaineDOT BikePed Program Manager at (207) 624-3311 to discuss project ideas at any time.

Step 2. Site Visit: After your initial phone call, schedule a site visit to explore and discuss project alternatives, funding opportunities, and the current application process.

Step 3. Complete Application: To be considered for future funding, an eligible applicant must complete MaineDOT's current BikePed Funding Program Application. The application must be completed in its entirety and include detailing and specific information. To maximize the likelihood of your project being selected for funding and to ensure that you have provided all of the required information, MaineDOT encourages communities to utilize the most current Application Scoring Form as a guide when completing the application.

Step 4. Secure Local Match: Before a community can submit their application to MaineDOT for consideration, they MUST secure their non-federal matching funds (a minimum of 20% of the total project cost). Local guidelines and requirements will determine the process your community will follow to secure the required non federal match. Documentation indicating that the non-federal match has been secured must be provided as part of the community's application materials.

Step 5. Submit the Application and Supporting Materials: MaineDOT's BikePed Program has an open and rolling application process. However, to be considered for the next annual funding period, completed applications must be submitted by no later than July 151h. Submit one electronic version of the completed application via email followed by a printed version containing original signatures submitted by US Mail.

Step 6. Decision: In September of each year, the MaineDOT BikePed Program will review and score all eligible and completed applications for projects that were received prior to July 151h. These applications will have been signed and include all the required information including documentation that the non-federal match has been secured. Projects will be selected for funding based upon the application's overall points awarded with those applications with the highest scores having the highest priority. Projects in the prioritized list will be selected until the available funding has been exhausted.

Step 7. Announcement: Projects selected for future funding will be announced in January of each year once MaineDOT releases its updated 3-Year Work Plan. Recipients will receive notification by US Mail that includes the assigned Project Manager and their contact information as well as additional pertinent information.

Step 8. Second Chance: Applications that are not selected for funding may be selected at a future point in time. Communities whose applications are not selected for future funding will be notified by US Mail sometime in January once MaineDOT's Work Plan is releases. The notification will include the completed scoring rubric so the community will know which sections of the application were stronger and which ones needed more information.

These communities will have the opportunity to meet face-to-face with the MaineDOT Program Manager to discuss their application and the application's scoring results. Non-funded communities can then update and resubmit their application once they have provided additional information to address those sections of the application where points were not awarded. These applications will be considered during the next round of funding.

Application Materials

• Application Form: (please note that a site visit by the MaineDOT Program Manager and documentation that the required non-federal match has been secured are required before the Application Form may be submitted.

• MaineDOT Scoring Criteria Form: MaineDOT encourages applicants to utilize the Scoring Criteria Form to guide them in the development of their responses to the individual question on the Application Form.

Safe Routes to School (SRTS)

Though no longer a formal program under the FAST Act, Safe Routes to School Projects remain an eligible activity under this funding source. MaineDOT continues to fund and prioritize SRTS projects utilizing the previous guidance provided by FWHA. SRTS Projects enable and encourage children, including those with disabilities, to safely walk and bicycle to/from school and after-school activities. Major goals of the program are to increase bicycle, pedestrian and traffic safety, and to assist communities in improving conditions for walking and bicycling to school. MaineDOT seeks projects that substantially improve the ability of students to walk and bicycle within two miles of an elementary or middle school. These applications may be submitted throughout the year as part of MaineDOT's rolling application process.

Safe Routes to School programs are intended to provide resources for infrastructure improvements and activities to increase the number of students walking and bicycling to school and after school activities. Infrastructure improvements such as school zone lights, traffic calming and sidewalk improvements are intended to be part of a larger effort within communities to improve conditions and raise awareness of the benefits of walking and biking to school. The Safe Routes to School Program provides funding for projects within two miles of an elementary or middle school. Infrastructure improvements must be within two miles of a school to make walking and biking safer for students (e.g. sidewalks, signage, crossings, bike lanes, traffic calming, etc.). In Maine, SRTS projects have a higher priority for funding consideration each year. Funding for SRTS projects requires a 20% minimum non-federal match.

For specific questions, additional information, or to schedule a site visit for your community, please contact Patrick Adams, the MaineDOT BikePed Program Manager by phone at (207) 624-3311 or by email at [email protected]. Applicant Info: MaineDOT BikePed Funding Program: Review Committee Guidance MaineDOT will prioritize available funding to construct bicycle and pedestrian projects that include, but are not limited to: • Sidewalk improvements: new sidewalks, sidewalk widening, sidewalk gap closures, sidewalk repairs, lighting, curbs, gutters, and curb ramps. • Traffic calming and speed reduction improvements: roundabouts, bulb-outs, speed humps, raised crossings, raised intersections, median refuges, narrowed traffic lanes, lane reductions, fu/1- or half-street closures, automated speed enforcement, and variable speed limits. • Pedestrian and bicycle crossing improvements: crossings, median refuges, raised crossings, raised intersections, traffic control devices (including new or upgraded traffic signals, pavement markings, traffic stripes, in-roadway crossing lights, flashing beacons, bicycle-sensitive signal actuation devices, pedestrian countdown signals, vehicle-speed feedback signs, and pedestrian activated signal upgrades), and sight distance improvements. • On-street bicycle facilities: new or upgraded bicycle lanes, widened outside lanes or roadway shoulders, geometric improvements, turning lanes, channelization and roadway realignment, traffic signs, and pavement markings. • Off-street bicycle and pedestrian facilities: exclusive (non-motorized) multi-use bicycle and pedestrian trails and pathways that are separated from a roadway. • Secure bicycle parking facilities: bicycle parking racks, bicycle lockers, designated areas with safety lighting, and covered bicycle shelters. • Traffic diversion improvements: separation of pedestrians and bicycles from vehicular traffic adjacent to school facilities and traffic diversion away from school zones or designated routes to a school. Eligibility Criteria

Applicant is an eligible entity to receive Transportation Alternatives (TA) funding and has the authority to enter into an agreement with the state. (Eligible entities include local governments, regional transportation authorities, transit agencies, natural resource or YES NO public land agencies, schools and school districts, tribal governments, local or regional governmental agencies with responsibility for oversight of transportation or recreational trails, and nonprofit entities responsible for the administration of local transportation safety programs.)

Project application is complete and provides all of the required information. • Application adequately describes and justifies the need for the project YES NO • Cost estimate is accurate, realistic, and has sufficient detail • Application addresses Right of Way (ROW), Utilities, Environmental Permitting, Railroad, and/or Drainage Concerns

YES NO The federal share for this proposed project is less than $400,000.

YES NO Proposed project will be ready to be constructed within the next 3 years.

YES NO The applicant certifies that it has secured the required matching funds for the project.

YES NO The applicant has committed to maintaining the proposed project's improvements (including winter maintenance) for the next 20 years.

Updated: February 3, 2021 Page 1of6 The project application funds an activity from a MaineDOT Priority area. Though federal guidelines permit TA funding to be utilized for other activities, MaineDOT prioritizes the YES NO use of this funding for the following 3 areas: 1. Safe Routes to School for non-drivers in Grades K - 8 2. Pedestrian & Bicycle Facilities 3. Utilization of Transportation Corridors for BikePed Trails

The above questions must be marked YES for the application to receive consideration and be scored by the review team.

Project Overview

The following questions provide the reviewers with background information on the applicant community and its history with MaineDOT projects, as well as on the proposed project. This information may be used by the review committee as part of its final recommendations of what projects should be funded in a given year.

NO Does the applicant community have a full-time qualified individual who has been certified YES to be a Local Project Administrator?

Is the applicant currently working on any other projects or initiatives that would YES NO compromise its ability to move this project forward at this time? (limited time, staffing, resources, funding, etc.)

With the funds requested in this application, will the entire project be fully funded? (as YES NO opposed to partial funding of the anticipated need or funding only a phase of a larger project)

YES NO Project has sufficient length and scope to be a cost-effective and viable participant in MaineDOT's Bicycle and Pedestrian Program?

YES NO Is the applicant willing to contribute more than the required 20% match to help ensure that the project is funded?

NO Does the applicant's estimated budget for the project appear reasonable when projected 3 YES years into the future?

NO Has the department requested the development of a supplemental budget estimate for YES this project from the Department's consultant?

NO Is the applicant community located within the capital area of one of Maine's four YES Metropolitan Planning Organizations?

Applicant's "suballocation" classification. (M-MPO Area L - Urban Population > 5,000 S - Rural Population of !5: 5,000)

Years When was the last time the applicant received funding under the Safe Routes to School, Transportation Enhancements, Quality Community, or Transportation Alternatives Ago Programs? A "O" indicates that funding has never been received.

Updated: February 3, 2021 Page 2 of 6 Scoring Criteria

Total Points Available Community Impact ( Question 5-A} 15 + 7 pts - Community Support I Social Feasibility: The application demonstrates the positive merits of the project by defining the projected usage and includes specific benefits to the local and/or surrounding communities + 2 pts - Project provides better access to employment locations and/or education opportunities such as those referenced by the U.S. Department of Transportation at: https:llwww. transportation. gov/opportunity + 2 pts - Project has a regional impact (will serve users from beyond a single municipality) and/or connects 2 or more communities + 4 pts - Project is located within a Maine County reporting the worst health outcomes for its residents (Aroostook, Washington, Somerset, and Piscataquis Counties): https:l/www. count yhealthra nkinqs. orq/reportslstate-reports/2019-maine report

Total Points Available Increased mobility and accessibility (Question 5-B) 20 + 4 pts - Project specifically improves the mobility and accessibility of an area for the community as a whole + 4 pts - Project specifically improves the mobility and accessibility of an area for individuals with disabilities by addressing ADA compliance issues + 4 pts - Project specifically improves the mobility and accessibility of an area for older adults + 4 pts - Project specifically improves the mobility and accessibility of an area for children under the age of 15 years + 4 pts - Project specifically improves the mobility and accessibility of an area for diverse and vulnerable populations (other than those listed above) and identifies who they are

Please Note: Applications will be reviewed and scored based on how fully it meets the individual scoring criterion. Partial credit may be awarded for each sub-component. Page 3 of 6 Total Points Available Project resolves or fills an existing gap in the current local system 10 (Question 5-C} + 3 pts - Provides a safe connection between BikePed generators such as schools, libraries, recreation facilities, parks, etc. + 3 pts- Completes the connection between 2 or more existing BikePed facilities + 2 pts - Proposed project is part of a comprehensive plan for the community that includes bicycle and pedestrian connections + 2 pts - Provides a connection to transit services

Total Points Available Proposed project addresses or resolves identified and documented 15 safety concerns (Question 5-D) + 5 pts - Project increases the separation or creates a barrier between vehicular traffic and BikePed users + 5 pts - Project addresses crossing safety issues + 5 pts - Project incorporates proven bicycle/pedestrian safety countermeasures, such as those suggested in: FHWA's BIKESAFE Tool (htt[2://www.[2edbikesafe.org/BIKESAFE/selectiontool.cfm) or FHWA's PEDSAFE Tool (htt[2://www.(2edbikesafe.org/PEDSAFE/selectiontool.cfm)

Total Points Available BCM's assessment of the project's local positive impact, value, and viability 5 (select one) + 5 pts - Project provides exceptional local positive impact, value and viability + 4 pts- Project provides substantial local positive impact, value and viability + 3 pts- Project provides some local positive impact, value and viability + 2 pts- Project provides limited local positive impact, value and viability + 1 pts - Project provides very nominal local positive impact, value and viability +Opts - Project does not provide any local positive impact, value and viability

Please Note: Applications will be reviewed and scored based on how fully it meets the individual scoring criterion. Partial credit may be awarded for each sub-component. Page 4 of 6 Total Points Available Project meets the guidelines to qualify as a Safe Routes to School 20 Project: (select one) (Question 5-E) "For infrastructure projects, public funds must be spent on projects within the public right of way. This may include projects on private land that have public access easements. Public property includes lands that are owned by a public entity, including those lands owned by public school districts. Construction and capital improvement projects also must be located within approximately two miles of a primary or middle school (grades K - 8). Schools with grades that extend higher than grade 8, but which include grades that fall within the eligible range, are eligible to receive infrastructure improvements. "

+ 3 pts - Project demonstrates it is located within 2 miles of a K-8 School + 5 pts - Project describes the connections between neighborhoods, elementary and middle schools, and before-/after-school programs including the types of housing or programs and where they are located + 5 pts - Project describes how and why students would use this facility to get between these locations + 7 pts - Project describes how this project would make these trips safer for students

Total Points Available Technical Feasibility: Degree to which the project has obstacles that will need to 15 be overcome (Question 5-F)

+ 4 pts - The project has adequately identifies and addresses ROW issues including funding and has provided the required local Total Points tax maps for documentation that could be Lost + 8 pts - The application identifies all relevant I realistic challenges -10 and demonstrated a good understanding of the project's limitations and what needs to happen for them to be overcome + 3 pts - The project as described has only limited or no technical and/or social obstacles that will need to be overcome - 2 pts - The project as described has technical and/or social obstacles that can be overcome but will require additional resources - 10 pts - The project as described has technical and/or social obstacles that may be difficult or impossible to overcome

Please Note: Applications will be reviewed and scored based on how fully it meets the individual scoring criterion. Partial credit may be awarded for each sub-component. Page 5 of 6 Total Points that could be Lost Applicant has other BikePed Projects in the queue that are yet to be delivered -10 0 pts - Applicant doesn't have any other projects at this time that are not successfully moving forward - 5 pts - Community currently has a BikePed Project that has not been advancing - 10 pts - Community has a history of projects that have not been completed

Total Points Awarded (Max Score= 100)

Please Note: Applications will be reviewed and scored based on how fully it meets the individual scoring criterion. Partial credit may be awarded for each sub-component. Page 6 of 6 G REENWAY ..---- ® JOHN DEERE EQUIPMENT SALES

Quote Summary Prepared For: Prepared By: Jeremy Snow Greenway Equipment Sales 1701 Hammond Street Bangor, ME 04401 Phone. 207-990-4433 [email protected] ------. ------·----·------Quote Id: 24655272 Created On: 14 June 2021 Last Modified On: 15 June 2021 Expiration Date: 30 June 2021 ------Equipment Summary Selling Price Qty Extended

JOHN DEERE GATOR TM XUV865R $ 26,923.29 x = $ 26.923.29 (Model Year 2022)

FISHER V PLOW $ 4,735.29 x = $ 4,735.29

Equipment Total $ 31,658.58 Quote Summary Equipment Total $ 31 ,658 58 SubTotal $ 31 ,658.58 Est. Service Agreement Tax $ 0.00 Total $ 31 ,658.58 Down Payment (0.00) Rental Applied (0.00) Balance Due $ 31,658.58

Salesperson : X _____ Accepted By : X _____

Confidential Lisa Sekulich

From: Lisa Sekulich Sent: Monday, April 19, 2021 7:48 AM To: 'Robert Pollard' Subject: RE: Budget quote o n sidewalk machine from Bob Pollard

Thanks Bob!

Thanks,

Lisa Sekulich, PE Public Works Director

Direct Phone: (207) 669-6626 Email: [email protected]

From: Robert Pollard Sent: Friday, April 16, 2021 2:49 PM To: Lisa Sekulich Subject: Budget quote on sidewalk machine from Bob Pollard

Attention: This e-mail message is from an external source. Please do not open attachments or click links from an unknown or suspicious origin.

Hi Lisa' Here is the budget figure as you requested! Includes all attachments on a New MVS. Please let me know if any questions. Bob Pollard BEAUREGARD Equipment

MV Overview I Maclean Engineering site to view the MVS by Maclean!

MVS ... machine list $132,000.. .5' oscillating folding V-plow List $7,107.00... 60" snow blower with side walk chute List $11,400 or 50" Ribbon style snow blower list $22,145.00. .. sander/spreader, 3 styles, two mounts on the machine 1 YRD and 5/8 YRD, the other is a 1.25 YRD tow behind. 1 YRD Mount on machine includes sander, wheel weights and tires ... list $12,154.00, 5/ 8 drop spreader List $5,995 and the tow behind is $16,428.

l Product Quotation Quotation Number: 312370032136 Date: 2021-06- 15 I I :24: I 0

Ship to Bobcat Dealer Bill To Ellsworth.City of Jordan Equipment Ellsworth,City of Attn: City Clerks Dept. Company,Hermon,ME Attn: City Clerks Dept. 1 City Hall Plaza 35 DAVES WAY 1 City Hall Plaza Ellsworth, ME 04605 HERMON ME 04401 Ellsworth, ME 04605 Phone: (207) 667-2563 Phone: (207) 848-9036 Phone: (207) 667-2563 Fax: (207) 848-9037

Contact: Lou McGlinn Phone: 207-848-9036 Fax: 204-848-9037 Cellular: 207-756-4090 EMail: [email protected]

Description Part No Qty Price Ea. Totul T450 T4 V2 Bobcat Compact Track Loader M0209 l 5)52,082.00 $52,082.00 60 Month Protection Plus (3000 Hours) 9986214 I S3,400.00 S3,400.00 49" Compact Tractor Front Mount Snowblower 74 191 57 I S3,705.00 S3,705.00 60" Snow V-Olade, 7 Pin 7104861 $4.693.00 $4.693.00 62" Heavy Duty Bucket 7272678 Sl,089.00 $ 1,089.00 Bolt-On Cutting Edge, 62" 6718005 $269.00 $269.00

Total of Items Quoted $65,238.00 Discount Municipal di scount (S 15,694.J 2) Quote Total - US dollars $49,543.88

Notes:

I All prices subject to change without prior notice or obligation. This price quote supersedes all preceding price quotes.

Customer Acceptance: Purchase Order: ------

Authorized Signature:

Print:______Sign: ______Date: ----

Finance Worksheet QuoteFinance COMMUNITY-WIDE MUNIOPAl INVESTMENTS Costs of funding~ developnicnt progn.ms, staff;consultanis, or ICVI p8; xvii p8 even!$ developed by the mlDliCipalitY in order to &SSiSI the maricd:ing of the ~ci i as a lace for busmess. · Cmts to ~lop and fund a b11Siaess visitation program (as p811 of the City's i;viii p8 economic devel lanniog 8lld executioo o a auractlon program or other xx p9 activities to marled the community as a place to t!o ~ Cost ofscrvic:es to provide sJcills d~eot, training and lcge sclio!arsbips for residents ofthe municipality. 11-oosis inay DOI exceed xxll p9 20"-" ofthe total project ~ and llJU$l be dc$ignaied as lnlining funds in the

xix p8

xxl p9

Costs rclaiing to planning, design. constnletion. rnaintenanoc, grooming 8Dd improvements to new or existing rcautiooal trails dctefmined by the dcputmcnt to have significant potCnlial lo pl'Ol1lO(e eoonomic dr;-;e~t, including bridges that ere par1 of the trail corridor, used all or in part for ell xxiil p9 lt:rrain vehicles, snowmobiles, hilciilg, bicycling. c:ross-coun11y skiing or O!her related multiple uses. ~ may ~ but not limitr.d to imtaUation o bridge amm Ea!t 81'U!dl, trail dtvclopment on the Branch Lake Public Forrest Trails and lhe Elbwortb Fal.lll Bicyclo-Pcdcstrimi Rail Trail, or others identified lo bnprove recreation ecccss in the '°"11nunity. · Total ' '

(EP • Ol0l9M9 • •1 I S'J'1\T E OF .\ 1A JN E DLl'A w 1 i\1 L N T or TRA N 5 Pu RTA ri ON I ii !>TAT I: l l OUSL S TATJ Oi\

1\ UC;l!ST A. ~ 1 A J N E 04 333-0 0 l l:i

Janet Mills Bruce A Van No:e

GOVERNOR COM'~ I SSIONER July 12, 201 9

Ross L. Argir, Esq., City Manager City of Eastport 22 Washington Street Eastport, Maine 0463 I

Subject: NOTICE TO PROCEED Preliminary engineering work for High Street Sidewalk Project, WIN 24357.00

Dear Ross:

Enclosed is the executed agreement for reconstruction of sidewalks along 0.27 mile of High Street. The City of Eastport is authorized to proceed with preliminary engineering work effective July 12, 2019.

Going forward, the City Eastport should direct all correspondence and invoices to the project manager, Aurele Gomeau, with a copy to me, as follows: Mail: Aurele Gomeau II, Senior Project Manager Multimodal Program, Bureau of Project Development Maine Depa1tment of Transportation I 6 State House Station Augusta, Maine 04333-0016 Phone: (207) 624-3553 Email: Aurelc.Gorneaull @maine.gov

Carbon copies should be sent as follows: Michael Laberge, Local Projects Coordinator Address: Same as above. Phone: (207) 624-3508 Email: Michael.Laberge@mai ne.gov

MaineDOT looks forward to working with Eastport to the successful completion of the project.

Sincerely, A?d~;;/-

Michael Laberge Local Projects Coordinator

Cc: Aurele Gom eau, Senior Project Manager

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I' II ll N [ : ( i 0 7 ) b 2 ~ • I ll 1111 1 r ' . t• !\ ,. Kc I u \ i I I f \ .\ ; f :! 0 7 ) 11 1 ~ · i 0 II I ~ MaineDOT use only AMS ID: 20190722000000000044 CSN: 40658 TEDOCS # :~18=0=5=5"'-'95;;..______MaineDOT• PROGRAM: Multimodal Program MAINE DEPARTMENT OF TRANSPORTATION Agreement for a Federally Funded Locally Administered Project With the City of Eastport Regarding Sidewalk Reconstruction on High Street (Payable)

MaineDOT Use Only Agreement Amount: =$2=2"""'7....,.5'"""0""0"'""".0"""0_ ____ Federal Authorization Date: =06=/_,,0~7~/2=0"""1"""9____ _ Federal Share: ....$1~8=2~.o=o=o.=o=o ______Federal Project#: =24=3~5~7~00~------ State Share: "'"'$0=.0=0"------ MaineDOT WIN: =02,,...43=57...,,.0=0"------ Local Share: ....$45~.5"""0=0=.0=0'------ Municipality's Vendor ID: VC1000027038 Effective Date: Upon MaineDOT's Signature Municipality's DUNS#: -=-16=9'--=1=84=8""'2""-7______Expiration Date: -=-10=/-=3~1~/2=0= 2~4 ______CFDA #: 20.205 Highway Planning and Construction

This Agreement for a federally funded project is entered into by the State of Maine Department of Transportation (MaineDOT) with its headquarters at 16 Child Street in Augusta, Maine, and the City of Eastport (the Municipality) with its principal offices at 22 Washington Street in Eastport, Maine, which jointly shall be refe1Ted to as the Parties. RECITALS

1. This Agreement shall cover design, iight-of-way and construction work for sidewalk improvements on High Street, starting at Battery Street and extending north for 0.27 mile (the Project); and

2. The Municipality was awarded federal funding from the MaineDOT Bicycle and Pedestrian Program for the Project to be placed in the MaineDOT Work Plan for calendar years 2019 through 2021; and

3. The Municipality, as a sub-recipient of federal funding, shall manage the Project as a Locally Administered Project subject to MaineDOT oversight to ensure that all federal and state requirements are met. AGREEMENT

NOW, THEREFORE, in consideration of the foregoing statements, rhe Parties agree to the following:

APPENDICES

The following appendices shall be incorporated into this Agreement: ~Federal Funding Accountability and Transparency Act Form (signature required); ~Federal Title VI Assurances (signature required); and ~ Project funding award letter.

·---·----· ------··---~-· Agreement with City of Eastport, WJN 023457.00 Page 1 of JO ROLES AND RESPONSIBILITIES

1. ROLE OF MUNICIPALITY. 'TI1e Municipality shall assign a full-time employee with appropriate qualifications and Local Project Administration (LPA) certification from MaineDOT lo manage the Project and carry out the Municipality's responsibilities. This Local Project Administrator shall abide by the latest edition of MaineDOT's Local Project Administration Manual & Resource Guide (LPA Manual). If the certified administrator leaves or ceases to oversee the Project, the Municipality shall stop work and notify the MaineDOT Project Manager, who will determine a course of action. Cl Local Project Administrator: Ross L. Argir, City Manager, certified until June 30, 2023 Email: [email protected] Phone: (207) 853-2300

2. ROLE OF MAINEDOT. MaineDOT will assign a Project Manager to cany out the State of Maine's responsibilities. The Project Manager or designee will have the authority to request design changes meet applicable laws, regulations and design standards; accept and reject invoices; inspect construction activities; and take all other action to assure the proper performance of this Agreement. Cl Project Manager: Aurele Garneau II, Senior Project Manager Email: [email protected] Phone: (207) 624-3553

FINANCIAL OBLIGATIONS

1. AUTHORIZATION. Federal financial participation shall depend on completion of the steps below. A. MaineDOT receives federal authorization for the Project (effective June 7, 2019); and B. MaineDOT executes this Agreement; and C. MaineDOT issues the Municipality written Notice to Proceed with preliminary engineering.

2. PROJECT COST. The estimated cost of the Project is $227,500.00 (Project Cost), which the Parties shall share as shown below.

Estimated Local Match I Federal Share Estimated Project Cost 20% I $45,500.00 I 80% I $182,000.00 $227,500.00 A. FEDERAL SHARE. MaineDOT, using funding from the Federal Highway Administration (FHWA), will share in the Project Cost at the rate of 80 percent, up to a maximum conttibution of $182,000.00.

B. LOCAL MATCH. The Municipality shall share in the Project Cost at the rate of 20 percent, for an estimated contJibntion of $45,500.00. Federal funds sha11 not be used as match unless federaJ law authorizes such use. Additionally, the Municipality shall be responsible in fu11 for:

1. Any costs exceeding the estimated Project Cost, unless otherwise agreed upon by the Parties through an executed modification to this Agreement;

IL Any costs incurred before the effective date of this Agreement; and m. Any costs that MaineDOT dete1mines to be ineligible for federal participation.

C. FINAL COST. If the actual cost of the Project is less than the estimated Project Cost, the final amounts owed will be adjusted in accordance with the percentages above. ---·-----·---· Agreeme11t with City of Eastport, WIN 023457.00 Page 2of10 3. REIMBURSEMENT. The Municipality shall submit invoices to MaineDOT pedodically requesting reimbursement of the federal share of costs incurred on the Project. Invoices should be modeled after Communication 4 from the LPA Manual, as follows:

A. Invoices shall be submitted on a schedule agreed to by the Parties.

B. Each invoice shall include a progress report for the service period of the invoice.

C. Each invoice shall document the charges incurred and proof of payment made in enough detail to satisfy the MaineDOT Project Manager.

D. Each invoice shall show MaineDOT's and the Municipality's portions of Project costs, including a running total of costs incuned to date.

E. The Municipality must certify that amounts claimed are con-ect and not claimed previously.

F. Upon completion of the work and payment of all remaining invoices for the Project, the Municipality shall submit to MaineDOT a request for final reimbursement modeled after Communication 20 from the LPA Manual. Payment of this final invoice shall be contingent on a passing inspection of the Project by MaineDOT or its designee and the receipt by MaineDOT of a completed consultant evaluation from the Municipality.

4. MAlNEDOT COSTS. MaineDOT will charge to the Project costs incurred for work on the Project. The Municipality shall share in these costs commensurate with its overall percentage of the Project. MaineDOT will reconcile these costs upon completion of the Project and deduct the Municipality's share from the final invoice payment under section 3F above.

5. TERM. The Municipality shall complete the Project and submit a final invoice to MaineDOT by the Expiration Date of this Agreement. The Municipality shall submit any request for a date extension to MaineDOT in writing before the end of the original period of performance.

6. REPAYMENT. If the Municipality withdraws from the Project, the Municipality shall refund all Project payments from MaineDOT and reimburse MaineDOT for all costs incurred on the Project.

7. STATE OF MAINE'S RIGHT OF SET-OFF. MaineDOT shall have all of its common-Jaw, equitable and statutory rights of set-off. These rights shall include, but not be limited to, the State's option to withhold for purposes of set-off money due to the Municipality under this Agreement up to any amount due to the State with regard to this Agreement or any other agreement with MaineDOT; any other agreement with any state agency, including any agreement for a term commencing before the te1m of this Agreement; and any amount due to the State for any other reason including, but not limited to, tax delinquencies, fee delinquencies or monetary penalties relative thereto. MaineDOT will exercise its rights of set-off in accordance with standard state practices including, in cases of set-off pursuant to an audit, finalization of the audit by MaineDOT or the State Controller.

8. NON-APPROPRIATION. The Municipality acknowledges and agrees that if MaineDOT receives insufficient funding to support this Project. if funds programmed for this Project are de-appropriated, or if MaineDOT fails to receive the legal authority to spend money otherwise programmed for this Project, MaineDOT shall be released from its obligation to make payment under this Agreement.

·------···---- Agreeme11t with City of Eastport, WIN 023457.00 Page 3of10 PROJECT DEVELOPMENT

1. KICKOFF. The Parties met in Eastport for Project J(jckoff on April 12, 2019. This meeting served as the required Tier Il certification of the Local Project Administrator for the Municipality.

2. PROGRESS REPORTS. The Municipality shall provide written progress reports for the Project at intervals established by MaineDOT's Project Manager.

3. USE OF CONSULTANTS. The Municipality shall use a qualifications-based selection to hire a consultant engineer to develop the Project in accordance with the regulations in 23 CFR Part l 72 and Chapter 2 of the LPA Manual, "Consultant Selection." If federal funds are used for consultant work: A. Using price as a ranking factor will make consultant work ineligible for reimbursement. B. The Municipality shall obtain MaineDOT's written approval of any contract. C. The Municipality shall insert Form FHWA-1273 into all contracts. D. The Municipality shall obtain MaineDOT's written approval before modifying a contract. Work done without an approved and executed modification in place shall be non-reimbursable. E. The Municipality shall evaluate its consultant engineer upon completion of the contract. A copy of the evaluation shall be provided to MaineDOT with the final invoice for the Project.

4. SURVEY. MaineDOT will perform survey work and prepare an Existing Conditions Plan for any section of the Project on the state highway system, if applicable, unless MaineDOT approves otherwise in writing.

5. DESIGN. The Municipality, in coordination with its consultant engineer, shall be responsible for prepruing all design plans, specifications, estimates and contract documents for the Project, in accordance with standard references that include, but are not limited to, MaineDOT's Engineedng Practices and Procedures, Standard Specifications and Standard Details. Design shall comply with the Americans with Disabilities Act (ADA) and all other applicable laws and regulations.

A. The Municipality, in coordination with its consultant engineer, shall submit the following documents to MaineDOT for review and comment: i. Preliminary design report; IL Design plan impacts (if MaineDOT will acquire lights-of-way); and iii. Final plans, specifications and estimate package (PS&E).

B. The Municipality, in coordination with its consultant engineer, shall assure that the construction contract documents reference MaineDOT's Standard Specifications and contain the following: i. Davis-Bacon wage rates; and ii. Fonn FHWA-127 3; and 111. Federal Title VI Assurances signed by the Municipality.

C. If the right-of-way process will require MaineDOT staff to use elecu·onic design files prepared for the Municipality, such files shall conform to MaineDOT's policy on electronic exchange of CADD data: http://www.maine.gov/mdot/caddsupport/

-----·------·-~--- Agreeme11t with City of Eastport, WIN 023457.00 Page4 of JO D. MaineDOT will enforce all laws, regulations, construction standards and specifications that apply to the Project and will require changes if they are not met.

E. MaineDOT will give the Municipality written authorization to advertise for construction bids once MaineDOT accepts the final PS&E package as complete. Advertising without such authorization will make the Project ineligible for federal funding.

F. Receipt of construction authorization from MaineDOT shall not relieve the Municipality and its engineering consultant of responsibility for meeting all engineering standards and regulatory requirements that apply to the Project.

6. PUBLIC PARTICIPATION. During preparation of the Preliminary Design Report, the Municipality shall give the public and all abutting property owners timely notice and an opportunity to comment on the Project through a public process that is appropriate for the scope of work and acceptable to MaineDOT. The Municipality shall provide MaineDOT with a public process certification modeled after Communication 10 from the LPA Manual, as part of the Project's environmencal package.

7. NEPA PROCESS. MaineDOT will carry out the National Environmental Policy Act (NEPA) compliance process. Upon finalization of the Preliminary Design Report for the Project, the Municipality shall provide MaineDOT with signed Communication 11 from the LPA Manual and the completed NEPA Documentation Checklist to assist with this work.

8. PERMITS. Upon obtaining all approvals, permits and licenses for the Project, the Municipality shall provide MaineDOT with a signed environmental certification modeled after Communication 12 from the LPA Manual, as part of the final PS&E package for the Project.

9. UTILITIES. The Municipality shall provide MaineDOT with a signed utility certification modeled after Communication 13 from the LPA Manual, as part of the final PS&E package for the Project.

10. RIGHT-OF-WAY. The Parties will coordinate acquisition of rights-of-way, as follows:

A. MaineDOT will carry out the right-of-way process for sections of the Project on the state highway system, if applicable, unless otherwise agreed to in writing by the Parties.

B. The Municipality shall carry out the right-of-way process for portions of the Project not on the state highway system. In doing so, the Municipality shall: i. Abide by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (the Uniform Act); and

1J. Follow the standards set out in the MaineDOT Right of Way Manual; and iii. Provide MaineDOT with a right-of-way certification modeled after Communication 14 from the LPA Manual, as part of the final PS&E package.

C. The Municipality shall dedicate permanently to the Project, for public use, any municipal property needed for the Project.

11. FORCE ACCOUNT. If the Municipality intends to construct the Project with municipal labor or materials, it shall obtain written authorization from MaineDOT to use a force-account process.

---··------·- -- - ·------·-··- - - Agreement with City of Eastport, WIN 023457.00 Page 5 of JO 12. ADVERTISE. Unless MaineDOT approves otherwise in writing, the Municipality shall use competitive bidding to hire a construction contractor upon receiving written authorization to advertise from MaineDOT. The Municipality shall follow the procedures in the latest edition of MaineDOT's Standard Specifications, Section 102, "Bidding."

13. AWARD. Upon receiving written approval from MaineDOT, the Municipality shall award a contract to the lowest responsive and responsible bidder in accordance with the latest edition of MaineDOT's Standard Specifications, Section 103, "Award and Contracting." The Municipality shall administer the contract for the duration of the Project.

14. CONSTRUCTION. During construction of the Project, the Municipality shall: A. Provide a Project Resident who is either a qualified municipal employee with LPA certification or a consultant hired through a qualifications-based selection method; B. Hold a pre-construction meeting with notice of at least 5 working days with representatives of MaineDOT, the contractor, utilities and other parties involved in or affected by the work; C. Coordinate materials testing to meet the Minimum Testing Requirements for the Project; D. Submit proposed modifications to the construction contract to MaineDOT for review and concunence, acknowledging that MaineDOT reserves the right not to reimburse the Municipality for work perfonned under any modification on which MaineDOT is not in concurrence; and E. If applicable, provide MaineDOT with revised as-built plans for the completed Project

15. FJNAL INSPECTION. MaineDOT or its designee will inspect the completed Project for compliance with the design plans, specifications and provisions of the construction contract. MaineDOT reserves the right not to reimburse the Municipality for work that is out of compliance.

OPERATION AND MAINTENANCE

The Municipality shall operate and maintain the completed Project for the duration of its useful design life as detennined by accepted engineering standards. Maintenance shall consist of general upkeep, including snow and ice control, and repairs necessary to preserve year-round public access, including for persons with disabilities, with only isolated or temporary interruptions. If necessary, MaineDOT may undertake maintenance and invoice the Municipality for the cost of the work. This section shall survive the expiration of this Agreement.

RECORDS AND AUDITS

1. PROJECT RECORDS. Project Records, whether printed or elecu·onic, shall include all plans, specifications, contracts, reports, notes, or other documents prepared by or for the Municipality (Project Records). The Municipality shall retain all Project Records for at least 3 years from the date ofMaineDOT's acceptance of the final invoice for the Project or the termination of this Agreement, whichever is sooner. If any litigation, claim, negotiation or audit has begun before the end of this retention period, all Project Records shall be kept at least until all related issues are resolved.

2. ACCCESS. The Municipality and any contracted party woi·king on its behalf shall allow · representatives of the Federal Government and the State of Maine to inspect and audit Project Records. Copies shall be furnished at no cost to the federal or state agencies requesting them.

Agreement with City of Eastport, WIN 023457.00 Page 6of10 3. AUDJTS. Audits of the Project shall confo1m to the requirements of generally accepted government auditing standards and 2 CFR §200, Subpart F: "Audit Requirements."

4. This Records and Audits section shall survive the termination or expiration of this Agreement.

MISCELLANEOUS PROVISIONS

1. GOVERNING LAW. The Parties agree to comply with all applicable federal, state and local laws, regulations, executive orders and ordinances including, but not limited to, the provisions of Title 23 of the Maine Revised Statutes Annotated (MRSA), "Transportation"; Title 23 in the Code of Federal Regulations (CFR), "Highways"; 49 CFR, "Transportation"; and 2 CFR §200, "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards."

2. INDEMNIFICATION. To the extent allowed by law, the Municipality shall indemnify, defend and hold harmless MaineDOT, its officers, agents and employees from all claims, suits or liabilities ruising from any negligent or wrongful act, error or omission by the Municipality, its officers, employees, agents, consultants or contractors. Nothing in this article shall waive any defense, immunity or limitation of liability that may be available to either party under the Maine Tort Claims Act (14 M.R.S. Section 8101 et seq.) or other privileges or immunities provided by law. This i1ldemnification section shall survive the termination or expiration of this Agreement.

3. CONFIDENTIALITY. The Municipality shall protect the confidentiality ofright-of-way negotiations, property appraisals, and engineering estimates of the construction cost to the extent required by 23 M.R.S. §63, "Confidentiality of Records."

4. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this Agreement: A. The Municipality shall not discriminate against any employee or applicant for employment relating to this Agreement because of race, color. religious creed, sex, national 01igin, ancestry, age, physical or mental disability, or sexual 01ientation. unless related to an actual occupational qualification. The Municipality shall talce affirmative action to assure that applicants are employed, and employees are treated dming their employment without regard to their race, color, religion, sex, age, national origin, physical or mental disability, or sexual orientation. The Municipality agrees to post in conspicuous places available to employees and applicants for employment notices setting forth the provisions of this section. B. The Municipality - in all solicitations or advertising for employees placed by or on behalf of the Municipality relating to this Agreement - shall state that all qualified applicants shall receive consideration for employment without regard to race, color, religious creed, sex, national origin, ancestry, age, physical or mental disability, or sexual orientation. C. The Municipality shall cause the foregoing provisions to be inserted into any contract for work covered by this Agreement so that such provisions shall be binding upon each contractor, except for contracts or subcontracts for standard commercial supplies or raw materials.

5. lNDEPENDENT CAPACITY. The Municipality, its employees, agents, representatives, consultants and contractors shall not act as officers, employees or agents of MaineDOT.

6. FLOW DOWN. Contracts between the Municipality and all third pru'ties shall contain or incorporate by reference applicable provisions of this Agreement.

------·------Agreeme1ll with City of Eastport, WIN 023457.00 Page 7 of JO 7. BINDING EFFECT. The Parties shall be bound by the terms of this Agreement, which shall apply to its ex_ecutors, their successors, administrators and legal representatives.

8. ENTIRE AGREEMENT. This document represents the entire Agreement between the Parries. Neither MaineDOT nor the Municipality shall be bound by any statement, correspondence, agreement or representation not expressly contained in this Agreement.

CONFLICT OF INTEREST

1. No official or employee of the Municipality with a direct or indirect financial or other personal interest in any contract or subcontract for the Project shall negotiate, make, accept or approve any such conu·act or subcontract.

2. No professional performing services for the Municipality on the Project shall have a direct or indirect financial or other personal interest in any contract or subcontract for the Project, other than the person's employment or retention by the Municipality. No officer or employee of any such professional retained by the Municipality to perform services on the Project shall have a direct or indirect financial or other personal interest in any real property acquired for the Project, unless such interest is openly disclosed in the public record and such officer or employee has not participated in such acquisition for and on behalf of the Municipality.

3. No person or entity entering into a contract for services for the Project shall have a direct or indirect financial or other interest in the Project or in its outcome, other than the performance of the contract. This prohibition covers the following: A. Any agreement with, or other interest involving, third parties having an interest in the outcome of the Project that is the subject to the contract; and B. Any agreement providing incentives or guarantees of future work on the Project or related matters; and C. Any interest in real property acquired for the Project unless such real property interest is openly disclosed to the Municipality before the person or entity enters into the contract.

THIRD-PARTY CERTIFICATION

By signing this Agreement, the Municipality certifies that if it contracts with an entity, the Municipality shall require that entity and its principles to certify that they:

1. Have not within the 3 years preceding the date of such a contract been convicted of a crime or had a civil judgment rendered against them in connection with obtaining, attempting to obtain, or performing a federal, state or local public transaction or contract under a public transaction; violation of antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

2. Are not indicted for or otherwise criminally or civilly changed by a federal, state or local governmental entity with commission of any of the offenses enumerated in this section; and

3. Have not within a 3-year period preceding this Agreement had one or more federal, state or local public transactions tenninated for cause or default.

______,___ ·-·------~--~----·--·------· - Agreeme11t with City of Eastport, WIN 023457.00 Page 8 of10 DEBARMENT

I. By signing this Agreement, the Municipality certifies to the best of its knowledge and belief that it and its p1incipals are not debruTed, suspended, proposed for debrument, declared ineligible, or voluntarily excluded from participating in covered transactions by any federal department or agency. If the Municipality cannot certify to this statement, it shall attach an explanation to this Agreement. For the te1m of this Agreement, the Municipality shall notify MaineDOT promptly if it or its principals are debrured, suspended, proposed for debrument, declared ineligible, or voluntarily excluded from participating in this transaction by any federal depru·tment or agency.

2. Additionally, che Municipality agrees that it shall not hire a consultant or contractor who is debaned, suspended, proposed for debannent, declared ineligible, or voluntruily excluded from covered transactions by any federal department or agency.

LOBBYING

By signing this Agreement, the undersigned municipal representative certifies that:

1. No federal funds have been paid or will be paid, by or on behalf of the Municipality, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, concerning the awru·ding of ru1y federal contract, the making of any federal grant, the making of any federal loan, the ente1ing into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress concerning this federal contract, grant, Joan, or cooperative.agreement, the Municipality shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

3. The Municipality shall require the language of this certification to be included in the award documents for all sub-awards and that all sub-recipients shall certify and disclose accordingly.

DEFAULT AND TERMINATION

1. DEFAULT. MaineDOT will send the Municipality a wiitten Notice of Default if the Municipality commits any of the following: A. Withdraws its support for the Project, resulting in cancellation of the Project; B. Fails to advertise the Project within 3 yeru·s of the execution date of this Agreement without receiving an extension in writing from MaineDOT; C. Takes any action that makes the Project ineligible for federal funding; D. Uses Project funds for a purpose not authorized by this Agreement; E. Misrepresents or falsifies any claim for reimbursement; F. Fails to meet the standards of perfo1mance outlined in this Agreement.

Agreement with City of Eastport, WIN 023457.00 Page9of10 2. TERMINATION FOR CAUSE. MaineDOT will have just cause to terminate this Agreement in the event of default by the Municipality, as defined above. MaineDOT will afford the Municipality a cure period of 14 calendar days, effective on the Municipality's receipt of Notice of Default. If the Municipality fails to address all defaults within this cure period or any longer period as MaineDOT may authorize, MaineDOT may te1minate this Agreement for cause, with these conditions: A. MaineDOT will recover from the Municipality all reimbursements and all of Mai neDOT's internal costs for work on the terminated Project. B. The Municipality shall forfeit all federal funds remaining in the terminated Project.

3. TERMINATION FOR CONVENIENCE. The Parties may terminate this Agreement for convenience by mutual consent for any reason not defined as default. MaineDOT, at its sole discretion, may reimburse the Municipality for eligible work performed on the Project until the effective termination date. The Municipality's share of MaineDOT's internal costs for work on the Project shall be deducted from the final invoice amount owed to the Municipality.

AGREEMENT APPROVAL

The Municipality's undersigned representative assures that the Municipality's official legislative body has approved the Municipality's entry into this Agreement, has appropriated or authorized use of required matching funds, and has authorized the repres_entative to sign this Agreement.

The Parties have executed this Agreement effective on the date last signed below.

City of Eastport Maine 7?-T-rliiisportation

By:Tuo Pfi1,,1,(.,stf;fL , P.f, A,5J"1'; Dtf\B-t./r1fL Rielra1 d J. Ct awf61·d, P.E., Dtree«w * Bureau of Project Development

Date: · Z/11,Mc:-;/ c/ Date: 7 /I"-/(9 ~(

~· 1 certify that tlieforegoi11g signature is true a11d accurate. 1 further certify-pursua11t lo 10 M.R.S.A. §9502, et seq. - that tile sig11ah1re, if electro11ic: (a) is i11te11ded to have the same force as a 111a11ual sig11al11re, (b) is u11ique to me, (c) is capable of verijicatio11, (d) is under my sole co11trol, alld (e) is li11ked to data i11 such a maimer I/tat it is i11validated ifthe data are clza11ged.

-----·•••·----•••••· --·----·-----·-v·~•-···------·------Agreement with City ofEastport, WIN 023457.00 PagelOof 10 Federal Funding Accountability and Transparency Act

The City of Eastport and its contractors may be subject to the provisions of the Federal Funding Accountability and Transparency Act of 2006 as amended and any regulations, policies, procedures and guidance documents adopted pursuant thereto or in connection therewith.

If the Federal portion of the Project exceeds $25,000, an authorized representative from the Municipality shall sign this document under (B) below and return it with the Project Agreement. Additionally, the Municipality shall provide the following information, if applicable:

A) The total compensation and names of the top five officers if: • More than 80% of the Municipality's annual gross revenues are from the U.S. Federal Government; and • Those revenues are greater than $25 million annually; and • Compensation infonnation is not already available through reporting to the U.S. Securities and Exchange Commission (SEC).

B) Legal name and DUNS® number on file with the Central Contractor Registration (CCR):

City of Eastport, Maine 169184827 Sign and Print Legal CCR Name DUNS® Number

-·· ....

FFATADisclosure Page 1 of I U.S. Department of Transportation (USDOT) Federal Highway Administration - Standard Title VI I Nondiscrimination Assurances

DOT 0l'

Statutol'y/Regulat01·y Authorities • Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq., 78 stat. 252), which prohibits discrimination based on race, color, national origin; • 49 C.F.R. Part 21 (entitled Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of The Civil Rights Act of 1964); • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Tide VI of the Civil Rights Act of 1964);

The preceding statutory and regulatory citations are referred to hereinafter as the "Acts" and "Regulations" respectively. General Asstll'ances Jn accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to assure that:

"No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity," for which the Recipient receives Federal financial assistance from the USDOT, including the FHWA." The Civil Rights Restoration Act of 1987 clruified the 01iginal intent of Congress, with respect to Title VI and other nondisc1imination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973) by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted. Specific AssUl'ances More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its federally assisted Federal-aid Highway Program: 1. The Recipient agrees that each "activity," "facility," or "program," as defined in§§ 21.23 (b) and 21.23 (e) of 49 C.F.R. § 21 wil1 be (regarding an "activity facilitated, or will be (regarding a "facility operated, or will be (regarding a "program conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations. 2. The Recipient will insert the following notification in all solicitations for bids, Requests for Proposals for work, or mateiial subject to the Acts and the Regulations made regarding all Federal-Aid Highway Progrru11S ru1d, in adapted form, in all proposals for negotiated agreements regardless of funding source:

--- ·--·-·------·-·--·-·~ ·-- Federal Title VI Assurances Page 1of5 "The City of Eastport, in accordance with the provisions of Title VJ of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affom atively assw·e that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award."

3. The Recipient will insert the clauses of Appendix A and E of this Assurance in every contract or agreement subject to the Acts and the Regulations. 4. If applicable, the Recipient will inse11 the clauses of Appendix B of this Assmance, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient. 5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith. 6. That where the Recipient receives Federal financial assistance in the fo1m, or for the acquisition of real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property. 7. If applicable, the Recipient will include the clauses set forth in Appendix C and Appendix D of this Assurance, as a covenant running with the land, in any fnture deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties: a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. 8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real prope11y, or interest therein, or strnctures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods: a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the pe1iod during which the Recipient retains ownershjp or possession of the property. 9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transp011ation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance. 10. The Recipient agrees that the United States has a right to seek judicial enforcement regarding any matter ruising under the Acts, the Regulations, and this Assurance.

Federal Title VI Assurances Page 2of5 By signing this ASSURANCE, the City of Eastport also agrees to comply (and require any sub recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing the FHWA and USDOT access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaiut investigations conducted by the FHWA and USDOT. You must keep records, reports, and submit the mate1ial for review upon request to the FHWA and USDOT, or their designees, in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

The City of Eastport gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal and Federal financial assistance extended after the date hereof to the recipients by the USDOT under the Federal-Aid Highway Program. This ASSURANCE is binding on the State of Maine, other recipients, sub recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Federal-Aid Highway Program. The person signing below is authorized to sign this ASSURANCE on behalf of the Recipient.

City of Eastport

DATED ----'-·7_-4--/~/__._!_~1-1______l I 1

Encl.: Appendices A and E

Federal Title VI Asmrar1ces Page 3of5 APPENDIX A TO THE TITLE VI ASSURANCES

During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter refened to as the "contractor agrees as follows:

I. CompJiance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.

2. Non-discrimination: The conrractor, regarding the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in Appendix E, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21.

3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin.

4. Information and Reports: The contractor will provide al1 information and reports required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of infmmation, and its facilities as may be dete1mined by the Recipient or the FHWA, to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the conu·actor will so certify to the Recipient or the FHWA, as appropriate, and will set forth what effo11s it has made to obtain the information.

5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part.

6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, jncluding procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will act with respect to any subcontract or procurement as the Recipient or the FHWA may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contracror may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request che United States to enter into the litigation to protect the interests of the United States.

-----~------·~-----~------~--·----~-··- Federal Title VI Assurances Page 4of5 APPENDIX E TO THE TITLE VI ASSURANCES

During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter refen-ed to as the "contractor") agrees to comply with the following non-discrimination statutes and authorities, including but not limited to:

Pertinent Non-Discrimination Authorities:

• Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq., 78 stat. 252), (prohibits discrimination based on race, color, national origin); and 49 CFR Part 21. • The Unifonn Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal programs and projects); • Federal Highway Act of 1973, (23 U.S.C. §324 et seq.), (prohibits discrimination based on sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et seq.), as amended, (prohibits discrimination based on disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. §6101 et seq.), (prohibits discrimination based on age); • Airport and Airway Improvement Act of 1982, (49 U.S.C. §471, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Tille VI of the Civil Rights Act of 1964, The Age Disc1imination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal recipients, sub-recipients and contractors, whether such programs or activities are Federally fonded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit disc1imination based on disability in the operation of public entities, public and private transportation systems, places of public accommodation, and ce1tain testing entitjes (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. Parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits discrimination based on race, color, national origin and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which assures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To assure compliance with Title VI, you must take reasonable steps to assure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating of sex in education programs or activities (20 U.S.C. 1681 et seq.).

·----.,---·------·--·--·--- Federal Title VI Assurances Page 5of5 STATE OF MJ\lNI: UEl'/\HTl\1 ENT or THANSl'OH1 A1 l 0l\ I G STATL Housr TATl oN AUGUSTA, MA I NE 04333-0016

Janet T. Mills Bruce A Van Nole

GOVER~Ofl COt.~ Ml~SICUER

February 22, 2019

Elaine Abbott City Manager City of Eastport 22 Washington St. Eastport, Maine 04631

RE: Eastport High St. Sidewalk Safety and Accessibility Application

Dear Ms. Abbott:

The Maine Department of Transportation (MaineDOT) is pleased to inform you that your community's funding for a pedestrian and/or bicycle safety project has been approved, and your community has been selected to receive federal funding assistance at this time for DESIGN and CONSTRUCTION activity on your project.

Your community's project has been included in the MaineDOT 2019-20-21 Capital Work Plan, pending final authorization of federal funds. MaineDOT has currently programmed up to $182,000.00 in federal funds for design and/or construction work on the project, contingent upon the minimum required local match of $45,500.00. The funding amounts approved were based on preliminary estimates contained within your application or finished Preliminary Design Report- though after review, MaineDOT may have adjusted the amounts.

Projects funded for Design Only are considered "approved projects," so your community will not need to reapply for construction funding once the project has moved through design and permitting and is ready for construction. However, future funding for construction will be contingent upon: 1. your community moving the project expeditiously through the design process 2. the availability of future federal and/or state funding AND 3. documented commitment to your minimum required local match for the construction costs

·111r ~1 ,11~1 llll' ·IR " l~ll:N T 0 1 1R .ll\~1' 0 R1,\ "llO'\ I~"' ,1rr1101 ·\ 'lll' L ,\CllON. L(.!ll1\I. Ol' l' ORll' l\IT\" l. ~11'1 . 0\LK I' 11 () 11 I : ( l II 7 ) h 2 ~ . .J 0 0 11 'I 'I \ l' S L R ~ C 1\ I. I. M ,\ I N J:. H 1; L ,\ \' 7 I I J ,\ ~ • ( 2 II 7 ) Ii 1 ·I · ~ 0 0 I Currently, MaineDOT plans to have the City of Eastport manage this project. Please confirm that your Municipality would like to administer the project at the local level or if you would prefer to have MaineDOT consider delivering the project for the Municipality. Requirements for federally funded locally administered projects may be found on the MaineDOT website: http://www.maine.gov/mdot/lpa/. Please keep in mind that as outlined in the original application, MaineDOT staff time required to review project plans is part of the costs that will come out of the project funding . Furthermore, please note that funding for this project, including future construction funds, is contingent upon MaineDOT receiving adequate federal funding to support it, and MaineDOT reserves the right to withdraw funds from this project for any reason.

I would like to emphasize that your Municipality should not authorize any engineering work or expend any funds on this project (including local match funding) before receiving notice that funds are authorized, you have signed a Local Project Agreement with the MaineDOT. All expenditures made before an agreement is in place and MaineDOT issues a written Notice to Proceed, are ineligible for reimbursement. Dan Loring has been assigned by MaineDOT as the project manager from the Department's Multimodal Program. He can be reached at (207) 624-3451 and his email is [email protected]. Please call your project manager if you have any questions regarding this project and the next steps in this process.

The following information details your project's estimated funding amounts and the specific information and project details we have within our system. Please review and verify the following information:

Project Name: Eastport, High St. Sidewalks

Project Identification Number: (WIN) 24357.00

Federal CFDA Number: 20.205

Project Manager: Daniel M. Loring

Project Manager Contact Information: (207) 624-3451 [email protected]

Proposed Scope: Multimodal Improvements

Description: Design, construct and replace sub-standard sidewalks to meet ADA and safety concerns, improve drainage, increase ped activity, and increase livability/walkability of multiple neighborhoods.

Estimated Project Length: 1,426 Feet

Estimated Total Project Cost: $ 227,500.00

Federal funding amount approved in the Work Plan: $ 182,000.00

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1 I l . l1~1· Kt: I,,\ 7 I I I \)I : (!Oil h2·1 · (01tl Local Match amount required for Federal funding Amount: $ 45,500.00

Estimated Future Federal Funding Needed for Project if applicable: Undetermined

Estimated Future Local Share Needed for Project if applicable: Undetermined

We share your desire to move your project into design and/or construction as soon as possible. Please keep in mind that as outlined in the original application, MaineDOT's and FHWA's expectations are that this project will be ready to construct in approximately 3-years. We are proud of our partnership with your community to improve the safety and services offered through this transportation project. We appreciate your efforts and the hard work you have invested to move this project forward.

Please sign below to confirm your municipality still wants to design and/or construct this project and to re-certify that your local match has been officially obligated to the project. MaineDOT would also like you to confirm whether you would like to administer the project locally or whether you wish the Department to consider taking the lead. Keeping a copy for your records, return the original within 30 days to my address below: 1) This original signed letter 2) Appropriate documentation authorizing the local match 3) Your project administration preference

Please call me at (207) 624-3311 with any questions or to review any issues related to the project that you would like to discuss. Thank you very much for your continued efforts to improve the transportation system within your community. I look forward to talking with you soon.

Patrick D. Adams MaineDOT Active Transportation Planner Maine Department of Transportation 16 State House Station Augusta, Maine 04333 (207) 624-3311 [email protected]

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I' 11 Cl :\ I t L fl i I f1 ~ I • t II 0 fl I I \ I " I<" I .1 \ i I I I \\ (107) li .! I illOI Project Name: Eastport, High St. Sidewalks

Project Identification Number: (WIN) 24357.00

Project Manager: Daniel M. Loring

Project Manager Contact Information: (207) 624-3451 [email protected]

Municipality: C· J?' a£ &sd-po .. J-- ,, JY/ ·~ }~ -2 Authorized Signature:

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I' II I 1 ~ I ( J. 0 7 ) h .! ·I · IO OU 1 1 r : l "'t' J( ,. I .1 ' i I l I \ "\ ( .! II i ) h !. I · 1 Cl II J Office of the City Manager and the City Council 22 Washington Street, Eastport, ME 04631

Phone: (207) 853-2300 Cell: (207)214-7647 Fax: (207) 853-4 712 Emai I: [email protected]

March 21, 2019

Michael Laberge, Local Projects Coordinator Maine Department of Transpo11ation Bureau of Project Development, Multimodal Program 16 State House Station Augusta, ME 04333-00 I 6

Subject: Local Project Administration Request MaineDOT WIN: 24357.00; Description: High Street Sidewalks

Dear Mr. Laberge:

The City of Eastport is interested in administering a federal-aid project consisting of new sidewalks along a po1tion of High Street. The City of Eastp011 has experience in successfully managing several large CDBG grants for work on the facades of our downtown buildings ($300,000) and work on our municipal fire station, as well as managing several waste water treatment plant projects and many projects at a the Eastpo11 Municipal Airport funded by the FAA.

I am the full-time employee of the City who is proposing to serve as the Local Project Administrator. J am not currently ce11ified in Local Project Administration but would be willing to take the next training program. I plan to attend the May 22, 2019 training program.

If MaineDOT concludes that the Municipality is adequately staffed and suitably equipped to unde11ake this project, please contact me to discuss the details of the project and the requirements for local administration. My staff and I would be available for discussions on the matter the week of April 1, 2019.

I understand that, if approved, the City will be responsible for meeting all federal and state requirements for this project, as described in the latest edition of the MaineDOT Local Project Administration Manual & Resource Guide.

Sincerely, / / ='; .,. .,,,,- .....· fo)l1l~I@mw ~· R_Oss LArgir, Esq. City Manager lfil MAR 2 6 2019 @ -· Project Development ~ 1! ·-t''.; . y~ _..,,r.', i • ::-";"· . MaineDOT

Internal Agreement Approvals Signature Request: Agreement for Locally Administered Project City of Eastport, High Street Sidewalk Project, WIN 024357.00

July 11 , 2019

Todd:

Attached is an agreement with Eastport for a project consisting of reconstruction of sidewalks along 0.27 mile of High Street. The Bureau of Planning programmed a total of $227 ,500 for the project, consisting of 80% from MaineDOT and 20% from Eastport.

The Federal Highway Administration authorized the preliminary engineering stage of the project on June 7, 2019. The Project Manager is Aurele Garneau.

Please sign, date, and return it to me. You will see from Jeff Tweedie's initials below that he has reviewed and signed off on the agreement.

Thank you.

Mike Laberge Multimodal Program

JT okayJT Cc: Jeff Tweedie, M ultimodal Program Manager 11 July 2019 Laberge, Michael

From: LeBlanc, Steven E Sent: Friday, June 14, 2019 12:26 PM To: Laberge, Michael Cc: Farrell, Debora B Subject: RE: Eastport Agreement for Review, WIN 24357.00

All set.

From: Laberge, Michael Sent: Tuesday, June 11, 2019 11:52 AM To: LeBlanc, Steven E Cc: Farrell, Debora B Subject: Eastport Agreement for Review, WIN 24357.00

Hi Steve. Please review the attached agreement, as well as the attached funding award letter and ProjEx screenshot. The screenshot should format correctly now that I have realized that I must open ProjEx in Microsoft Explorer and not Google Chrome.

Mike Laberge, Local Projects Coordinator Maine Department of Transportation Bureau of Project Development Multimodal Program 16 State House Station Augusta, ME 04333-0016

Phone: 207.624.3508 (office) Email: [email protected]

1 PM-024357.00 Page I of I

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Project: 73910/024357.00 - EASTPORT, HIGH ST. SIDEWALKS

Status A

Status Date 06/07/2019

Status Last Changed LOAD. flNESS By

Feder.! Project 2<35700 Number Project Type

Project Manager GORNEAU 11. AURELE

Progrilm Manager TWEEDIE. JEFFREY

lead Unit Mulumodel Program

STIP Approval Dates

Stage Authonution STIP FHWA Approval to Procted Preliminary 06/07/2019 6/ 3/1019 Ei! Engineering Right of Way 06/07/2019 6/3/2019 GJ ROW Negotiations/ Acquisitions

Adverl1H/Con.struction 6/3/2019 Ei! CE Construction Engineering

STI P Approval Date History

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~~~~~~~~~~~~~~~~~ I City Hall Plaza• Ellsworth, ME 04605-1942 /l.fU.j' Phone (207) 669-6634 • Fax (207) 667-4908 (/;JN{~~ [email protected] ELLSWORTH Business, Leisure, Life. Memo

To: Heidi Noel Grindle, City Clerk CC: City Council Glenn Moshier, City Manager From: Suzanne McLean, Tax Collector/Deputy Treasurer Date: June 9, 2021 Re: June 2021 Agenda Request - Set tax due dates & allow for payments to be applied to the oldest unpaid tax bill

Please include the following on the June 2021 City Council Consent Agenda:

1. A request to set the real estate and personal property tax due dates to September 9, 2021 and March 10, 2022.

2. A request for an Order of the Municipal Officers on the application of real estate and personal property tax payments. This order will allow for the Tax Collector and Treasurer to apply tax payments against the oldest unpaid tax bills.

Pursuant to Title 36, Maine Revised Statutes Annotated, section 906, states that "The municipal officers of a municipality may, upon request of the municipal treasurer or the tax collector, require that any tax payment received from an individual as payment for any property tax be applied against outstanding or delinquent taxes due on that property in chronological order beginning with the oldest unpaid tax bill. Taxes may not be applied for which an abatement request or appeal has not been resolved unless approved in writing by the taxpayer."

By adopting this policy it can assist the City in several ways:

o Provides for easier bookkeepinglrecordkeeping o Prevents taxpayers from paying just the current taxes to avoid a lien for the current year and disregarding delinquent taxes o Ensures the City includes the necessary language on all tax notices notifying residents that tax payments will be applied to the oldest tax first. If a taxpayer thinks they have paid their current taxes, but is unaware of delinquent taxes they may become irate when the property goes to foreclosure for the unpaid delinquent taxes. However, because the City included the necessary language on all tax notices they will still be able to legally proceed with the foreclosure. (/~;I' ll!lilll.~ _ ~ ~~~~~~~~~~I City Hall Plaza • Ellsworth, MEC 1_04605-. ty _C l1e_r942k ELLSWQ1'_TH Phone (207) 669-6604 • Fax (207) 667-4908 Business, Leisure, Llfe. [email protected] [email protected] [email protected]

MEMO

To: City Council and City Manager From: Heidi-Noel Grindle, City Clerk Date: June 9, 2021 Re : June 08, 2021 election results

The City Charter as of 12/1/2011, states "as soon as possible following an election, the Council will, meet, examine the election record, and declare the results" for all municipal elections not just ones that require notifying candidates.

The official Municipal election results are:

Question 1: Do you favor approving the City of Ellsworth school budget for the upcoming school year that was adopted at the latest Ellsworth City Council meeting for that purpose?

Yes:133 No: 33 Blank votes cast: 0

Suggested Motion: Move to approve acceptance of the June 08, 2021 City of Ellsworth School Budget Validation Sp.ecial Municipal Referendum Election results as presented. CLERK'S RETURN OF VOTES CAST HAND-TALLY RETURN OF BALLOTS CAST Municipal Election Municipality: Ellsworth W-P: 1-4 June 8, 2021

TOTAL BALLOTS CAST

TOTAL BALLOTS COUNTED 166

TOTAL AUXILIARY BALLOTS NIA

TOTAL BALLOTS CAST 166

CERTIFICATION

We, the undersigned election officials duly sworn, do declare that, in accordance with 21-A MRSA §698, we have publicly sorted, counted, declared, recorded, and packaged all Ballots cast at the Municipal Election held on June 8, 2021.

I'1 .. L.0 ..- J J ' ...-- J.

THIS BOX IS FOR COUNCIL SIGNATURES ONLY Majority of Municipal Officers

~ DATED: '>. '\x 1 Af c2JI ...20cJ- ,I

A true copy:

Attest: ------Heidi-Noel Grindle, City Clerk CLERK'S RETURN OF VOTES CAST Municipal Election MUNICIPALITY: ELLSWORTH W-1-4 June 8, 2021

TOTAL BALLOTS CAST: Record the total number of Municipal ballots cast. (If no votes were cast, write "none" or "O")

Total Number of Ballots Cast 166 ------~-----

Question One:

Do you favor approving the City of Ellsworth School budget for the upcoming school year that was adopted at the latest Ellsworth City Council meeting for that purpose?

133 Yes 33 No 0 Blan.ks ------"~--- --~--- --~--

~J.AClerks c&Signatu~ ~il~ ~-~J_~

A true copy:

Attest: ______Heidi-Noel Grindle, City Clerk WARDENS RETURN OF VOTES CAST HAND-TALLY RETURN OF BALLOTS CAST MUNICIPAL ELECTION Municipality: Ellsworth W-P: 1 June 8, 2021

TOTAL BALLOTS CAST

TOTAL BALLOTS COUNTED (//

TOTAL AUXILIARY BALLOTS NIA

TOTAL BALLOTS CAST 51

CERTIFICATION

~/~ Election Clerk Counting Ballots ~~Etle~ Jerk CountingJ ~4 Ballots j

THIS FORM MUST BE IMMEDIATELY DELIVERED TO THE MUNICIPAL CLERK

A true copy:

FORM#3 WARDENS RETURN OF VOTES CAST HAND-TALLY RETURN OF BALLOTS CAST MUNICIPAL ELECTION Municipality: Ellsworth W-P: 1 June 8, 2021

TOTAL BALLOTS CAST: Record the total numbers of municipal ballots cast. (If no votes were cast, write "none" or "O")

Total Number of Ballots Cast__ 5"'-+9 ___ _

Question One:

Do you favor approving the City of Ellsworth School budget for the upcoming school year that was adopted at the latest Ellsworth City Council meeting for that purpose? 12- ___q-+-J _ Yes __..,"',...... __-No -I-Blanks

L..--"' Wardens Signature Election Officials signature

The Warden must immediately deliver the completed and signed RETURN to the MUNICIPAL CLERK

A true copy:

FORM#2 WARDENS RETURN OF VOTES CAST HAND-TALLY RETURN OF BALLOTS CAST MUNICIPAL ELECTION Municipality: Ellsworth W-P: 2 June 8, 2021

TOTAL BALLOTS CAST

TOTAL BALLOTS COUNTED z~

TOTAL AUXILIARY BALLOTS NIA

TOTAL BALLOTS CAST vl--

CERTIFICATION

J~ ~--~L, UCc@kt: 1 Election Clerk Counting Ballots

THIS FORM MUST BE IMMEDIATELY DELIVERED TO THE MUNICIPAL CLERK

A true copy:

FORM#3 WARD ENS RETURN OF VOTES CAST HAND-TALLY RETURN OF BALLOTS CAST MUNICIPAL ELECTION Municipality: Ellsworth W-P: 2 June 8, 2021

TOTAL BALLOTS CAST: Record the total numbers of municipal ballots cast. (If no votes were cast, write "none" or "O")

Total Number of Ballots Cast------

Question One:

Do you favor approving the City of Ellsworth School budget for the upcoming school year that was adopted at the latest Ellsworth City Council meeting for that purpose?

I] Yes - - - - No d1.- Blanks

r~ r fl h. />t~L~ .ll t#t-/'~-1 Wardens Signature ~ Election Officials signature

The Warden must immediately deliver the completed and signed RETURN to the MUNICIPAL CLERK

A true copy:

Atte FORM#2 WARDENS RETURN OF VOTES CAST HAND-TALLY RETURN OF BALLOTS CAST. MUNICIPALELECTION .. ·· Mll:nicipality.: Ellsworth W-P: 3 June 8, 2021 .,

- ... .. \

TOTAL BALLOTS COUNTED .- . TOTAL AUXILIARY BALLOTS

TOTAL BALLOTS CAST

We, the uri.dersigned electio~ officials duly sw~rn , do declare that, in accordance with 21-A MRSA §698, ~e have publicly sorted, counted, declared, recorded, and packaged all Ballots cast at the Municipal Election held on June 8, 20.21. -!' ~

. ' ~ .. · ~ '! WARDENS RETURN OF VOTES CAST HAND-TALLY RETURN OF BALLOTS CAST MUNICIPAL ELECTION Municipality: Ellsworth W-P: 3 June 8, 2021

TOTAL BALLOTS CAST: Record the total numbers of municipal ballots cast. (Ifno votes were cast, write "none" or "O")

Total Number of B.allots Cast ~ tJ

Question One:

Do you favor approving the City of Ellsworth School budget for the upcoming school ye~r that was adopted at the latest Ellsworth City Council meeting for that purpose?

_ "'""J"""'"b__ Yes 8 · No

Wardfus Signature

The Warden must immediately deliver the completed and signed RETURN to the MUNICIPAL CLERK

FORM#2 WARDENS RETURN OF VOTES CAST HAND-TALLY RETURN OF BALLOTS CAST MUNICIPAL ELECTION Municipality: Ellsworth W-P: 4 June 8, 2021

TOTAL BALLOTS CAST

TOTAL BALLOTS COUNTED (o l

TOTAL AUXILIARY BALLOTS NIA

TOTAL BALLOTS CAST &I

CERTIFICATION

~m.~ EectiOTIClerk Counting Ballots

THIS FORM MUST BE IMMEDIATELY DELIVERED TO THE MUNICIPAL CLERK

A true copy:

FORM#3 WARD ENS RETURN OF VOTES CAST HAND-TALLY RETURN OF BALLOTS CAST MUNICIPAL ELECTION Municipality: Ellsworth W-P: 4 June 8, 2021

TOTAL BALLOTS CAST: Record the total numbers of municipal ballots cast. (If no votes were cast, write "none" or "O")

Total Number of Ballots Cast (;_;, /

Question One:

Do you favor approving the City of Ellsworth School budget for the upcoming school year that was adopted at the latest Ellsworth City Council meeting for that purpose?

f No ----Yes ---"----0 -----0 Blanks

The Warden must immediately deliver the completed and signed RETURN to the MUNICIPAL CLERK

A true copy:

Attest FORM#2 City Clerk I City Hall Plaza • Ellsworth, ME 04605-1942 ~.a. Phone (207) 669-6604 • Fax (207) 667-4908 ELLSWORJH Business, Leisure, Life. [email protected] [email protected] [email protected]

BUSINESS LICENSE APPLICATION (

CUSTOMER #35 -1 , APPLICANT: 'WAI Sfi:°tqA- \ \'\ctN <>~ N~ ~V\,G MAILING ADDRESS: YOUNG, PA VIDA V. YOUNG, HERBERT R. 321 HIGH STREET ELLSWORTH, ME 04605 MAP LOT: 016023000000 BUSINESS TELEPHONE: 2~ '2.v7 (o(..'Lq;b\ ')..01 ~~l- ~I>~? FAX NUMBER: ,7 .7 EMAIL ADDRESS: NAME OF BUSINESS (DBA): THAI SANA LOCATION OF BUSINESS: 321 HIGH STREET NUMBER OF EMPLOYEES: j P~v~ i pr s~ NATURE OF BUSINESS: CLASS C DESCRIPTION: FOOD ALCOHOL Public Hearing Notice Fee

PROPERTY OWNER: Gt\tSSIDY, DAN:A. ~o,\fv\.\ C\u~

BUSINESS OWNER: YOUNG, PAVIDA V. PHONE NUMBER: 207-667-9361

EMERGENCY CONTACT: PA VIDA V. YOUNG AND HERBERT R. YOUNG: 207-832-1533

SIGNATURE: ~~~ / DATE: (.o- ~" ~-0 '2..t

LICENSE EFFECTIVE FROM: EXPIRES: 06/30/2022 LICENSE TYPES APPROVED BY:

Class A Establishment Designated as an establishment requiring a combination of any FOUR city licences. (amusement, lodging, liquor, victualer' s) ~? CODE ENFORCEMENT/HEALTH OFFICER $100.00 Class B Establishment DATE: 0-(( ,,-- d-( Designated as an establishment requiring a combination of any THREE city licences. (amusement, lodging, liquor, victualer's) $85.00 Class C Establishment F~~ Designated as an establishment requiring a combination of any TWO city licences. (amusement, lod&ing}- liquor, victualer's) $65.oo + 'lf r~ p~ r-...u -=- '1 l( s Victualer's Provider of food of any sort for pub!!c consumption either on or off premises for a fee. $35.00 Mobile Vending Units Operation of any vehicle including a lunch wagon, a fixed mobile vending unit or reaming unit which is used for the sale of any prepared food. $45.00 ~- ~~

Division Use Only License No: Application for an On-Premises License Class: By: Deposit Date:

A fl Questions Must Be Answered Completely. Please print legibly. Amt. Deposited: Payment Type: OK with SOS: YesD NoD Section I: Licensee/Applicant(s) Information; Type of License and Status

Legal Business Entity Applicant Name (corporation, LLC): Business Name (D/B/A): ~ Sa..·~\o._ t:V\~ ~s~ Individual or Sole Proprietor Applicant Name(s): Physical Location: ~h.. .N\ "?~v\clo... V. Yov nq '?2 \. \.l\~S-t. Gl ls-r.vu ~ 04/:,C) Individual or Sole Proprietor Applicant Name(s): Mailing address, if different:

\.le~ Y'°vn~ .. Mailing address, if different from DBA address: Email Address:

' I Telephone # Fax #: N/P. Business Telephone # Fax # : 2o7 &<,41 ...q ->~t f ~18'~2.- lS"~7 2or "G,1 ...9 ~G:, l Federal Tax Identificatichl Number: Maine Seller Certificate # or Sales Tax #: <6~ -3 o~S-75'$'" J l'? 3(oL{) Retail Beverage Alcohol Dealers Permit: Website address: Rt:s- "?.. or~ - lct''2-\

1. New license or renewai of existing license? 0 New Expected Start date: ______

~ Renewal Expiration Date: ~- iJ- 1 <1~- 1

2. The dollar amount of gross income for the licensure period that will end on the expiration date above:

Food: f17, () yY Beer, Wine or Spirits: ICJ J Lfl{ et Guest Rooms: _ ___ _ *20 2..o '\'~-M >~ \l 'o ~ V-'~n<.eJt ~... ~Ir zo zo _ f 2 )3i J£Jz ~ 3. Please indicate the type of alcoholic beverage to be sold: (check all that apply)

~M a lt Liquor (beer) ~ Wine 0 Spirits

On Premise Application, Rev. 3/2020 Page 1 of 11 Section III: For use by Municipal Officers and County Commissioners only

The undersigned hereby certifies that we have complied with the process outlined in 28-A M.R.S. §653 and approve this on-premises liquor license application.

Who is approving this application? D Municipal Officers of ______

D County Commissioners of ______County

D Please Note: The Municipal Officers or County Commissioners must confirm that the records of Local Option Votes have been verified that allows this type of establishment to be licensed by the Bureau for the type of alcohol to be sold for the appropriate days of the week. Please check this box to indicate this verification was completed.

Signature of Officials Printed Name and Title

This Application will Expire 60 Days from the date of Municipal or County Approval unless submitted to the Bureau

Included below is the section of Maine's liquor laws regarding the approval process by the municipalities or the county commissioners. This is provided as a courtesy only and may not reflect the law in effect at the time of application. Please see http://www.mainelegislature.org/legis/statutes/28-A/title28-Asec653.html

§653. Hearings; bureau review; appeal

1. Hearings. The municipal officers or, in the case of unincorporated places, the county commissioners of the county in which the unincorporated place is located, may hold a public hearing for the consideration of applications for new on premises licenses and applications for transfer oflocation ofexisting on-premises licenses. The municipal officers or county commissioners may hold a public hearing for the consideration of requests for renewal of licenses, except that when an applicant has held a license for the prior 5 years and a complaint has not been filed against the applicant within that time, the applicant may request a waiver ofthe hearing.

A. The bureau shall prepare and supply application fonns.

On Premise Application, Rev. 3/2020 Page 6 ofl I ~~fi'.- *' /tf ( zj City Clerk I City Hall Plaza • Ellsworth, ME 04605-1942 ~-'LELC.5WO}\TI! Phone (207) 669-6604 • Fax (207) 667-4908 Business, l.t:i.•ur<', I.ilc. [email protected] [email protected] mmonk(@.ellsworthmaine.!!OV

BUSINESS LICENSE APPLICATION

CUSTOMER #311 APPLICANT: DRAGONFIRE MAILING ADDRESS: LUHRS HARRY 248 STATE STREET ELLSWORTH, ME 04605 MAP LOT: 138053000000 BUSINESS TELEPHONE: 207-266-8991 FAX NUMBER: EMAIL ADDRESS: [email protected] NAME OF BUSINESS (OBA): DRAGONFIRE LOCATION OF BUSINESS: 248 STATE STREET NUMBER OF EMPLOYEES: NATURE OF BUSINESS: CLASS B DESCRIPTION: ARCADE FOOD ALCOHOL Public Hearing Notice Fee

PROPERTY OWNER: WILLEY & GRANT COMPANY

BUSINESS OWNER: LUHRS HARRY PHONE NUMBER: 207-266-8991

EMERGENCY CONTACT: HARRY LUHRS: 207 266 8991

PARTNER: LUHRS EMPIRE INC: 207 266 8993

LICENSE EFFECTIVE FROM: EXPIRES: 05/31/2022 LICENSE TYPES APPROVED BY:

CJus A F.acablilltlMtll Designllod u •establishment requiring a combiaation ofany FOUR ciay. .ffcences . (amusement. lodging. liquor, vict•Ja"s) $100.00 i~IHEALrnOPFICER a... a Eltalllll~••• DATE:~ - /( -d-( Desipllled as.., esblblisbment requiring a combmation of1111)' THREE city licences. (8llllllCllnelll ~liquor, vic:aualc:r's) SIS.00 ..+-•lo fh 7,i.,t.. ClellCEstaNM•·wt Desipared as an estahlllllnwn requiring a combination ofany TWO city lic:eras. (ammement. lodging. liquor, vicc...icr•s) S6S.OO V'rtwaler'1 Provider offood ofmy sort for public consumptioo ei1ber on or offpremises for a POLICE DEPARlMENT fee. DATE: /6 S3S.OO fo I I;)./ MoMle Yutna IJlliCI J hereby certify that all ..Xes and fees due the City of Ellsworth Openlioo ofany w:hide including a lunch have/have not been paid in full. wap. a fbrecl mobile vending unit or raming unit wbicb is med for die sale of any PICJ9ed food. S4S.OO Am•emad ~Q]p~ Co/Cf /d-1 Live music, dancing. entertainment. exhibition, performance. shows. diwrsions. S3S.OO REMARKS: l•W. .... _New _Renewal Place proviclng sleeping-=c:ommoclalior wilh or wi1bous meals and charges a fee indoding but DOI limited to bolllding houses, bolels. inns Md motels. $30.00 + Sl.OWroom u.a-- AJcoholic bewntges. All liquors but not APPROVAL CRITERIA limiled 1o ~ beer or spirits, on and off City officials. (c.ode enforcement F"ue prrmisa CoRPwnplian. officer~ Olief.t. Police Oaid) S3S.OO shall came iAspeclions IO be made wl a wriUen npmt ~ '° ~ the licensiaB aulhority lbal lhe penises~ in complill'ICC with the Building or ..conllillina pinball, video following" ...... ,....lie ..... pool wl hillimds. A. Cumnt zoning ontimnce 12 devises or less S20.00 B. Current IOJ life safety code Owr 12/$35.00 c. Current fire prevention codes and ontiunca Spnill All• em•• D. Cunmt elcdric8I code Uwc wk. dancing. eallenaimnenl, E. Cumat builcliag code cxtu1Jitioa, wt perfd---. allows and F. Currmt plumbing wt subsuiN&:e ..._ Wiiia" disposl) rilks diva8ioeas dalt include 1be offering of 0. Cunma sewer/storm Wiil« Gl"hmtt aleaholic bewnacs· SlS.00 . In its cmsidenllion to llflPIOW: or deny saicl.~ lhc city council shall detennine dud the applicant har. A) ObCainecl ~ fiom appup1iate city oftiaals; B) Paid all manges ofcompliwe ~ any requirancnts for oblainina the liccllse or permit punulRl 1o dais or any olher ordinaooe and any state or fedenll law. 470919 STATE OF MAINE DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES BUREAU OF ALCOHOLIC BEVERAGES AND LOTTERY OPERATIONS DIVISION OF LIQUOR LICENSING AND ENFORCEMENT

Division Use Only License No: Application for an On-Premises License Class: By: Deposit Date:

All Questions Must Be Answered Completely. Please print legibly. Amt. Deposited: Payment Type: OK with SOS: YesO NoO Section I: Licensee/Applicant(s) Information; Type of License and Status

Legal Business Entity Applicant Name (corporation, LLC): Business Name (D/B/A): L~h'('~ ~~Pt '~ Drc.~~"1 h'~ InHvidual or Sole Proprietor Applicant Name(s): Physical Location: e...-rl'--f P L'""' ~ '5 J~ &1 $kk $)-. 5vf c_) Individual or Sole Prorietor Applicant Name(s): Mailing address, if different: Le,._ vr"- fr l, v r;) Mailing address, if different from OBA address: ~ii Address: . ,, i-22t....S,4y-er).07 <2-:>v-i~,J,(o~ Telephone# Fax#: E usiness Telephone # Fax#:

)... 0 7 -')66 - 'ff'~ t:t. I ').o7 -66 7 -3 \.173 Federal Tax Identification Number: Maine Seller Certificate# or Sales Tax#: 'S'). ... sd- '-1 L' 1o7 \ l Cj~~ b I Retail Beverage Alcohol Dealers Permit: Website address: rJ}'--1\ () '10~ h.:i_ ..... ,o/f e.

I. New license or renewal of existing license? D New Expected Start date: ______

V'Renewal Expiration Date: ______

2. The dollar amount of gross income for the licensure period that will end on the expiration date above:

Food: Beer, Wine or Spirits: 75-fS.. Guest Rooms: :->,, ""· 3. Please indica.te t~pe of alcoholic beverage to be sold: (check all that apply)

~alt Liquor (beer) Vwine 0 Spirits

On Premise Application, Rev. 3/2020 Page 1 of 11 Section III: For use by Municipal Officers and County Commissioners only

The undersigned hereby certifies that we have complied with the process outlined in 28-A M.R.S. §653 and approve this on-premises liquor license application.

Who is approving this application? D Municipal Officers of ______

D County Commissioners of ______County

Signature of Officials Printed Name and Title

This Application will Expire 60 Days from the date of Municipal or County Approval unless submitted to the Bureau

§653. Hearings; bureau review; appeal

1. Hearings. The municipal officers or, in the case of unincorporated places, the county commissioners ofthe county in which the unincorporated place is located, may hold a public hearing for the consideration of applications for new on premises licenses and applications for transfer oflocation ofexisting on-premises licenses. The municipal officers or county commissioners may hold a public hearing for the consideration of requests for renewal of licenses, except that when an applicant has held a license for the prior 5 years and a complaint has not been filed against the applicant within that time, the applicant may request a waiver of the hearing.

A. The bureau shall prepare and supply application forms.

On Premise Application, Rev. 3/2020 Page 6of11 I iii ::J:-bAA_ ¥ J~ ( 3) ~~~~~~~~~~~~~~~~~~~~~~~ Cicy Cle~ VI~, I City Hall Plaza• Ellsworth, ME 04605-1942 ELLSWOR,JH Phone (207) 669-6604 • Fax (207) 667-4908 l31 L~in 1·s.1;, I ei ~1 1 re, Life. hgrindle@e llsworthmaine.gov [email protected] kherrick@e I lsworthmaine.gQy

BUSINESS LICENSE APPLICATION

CUSTOMER # \ I APPUCANT: Giri Ellsworth Inc ' '

MAILING ADDRESS: 225 W Squantum Street, Suite 200, Quincy MA 02171 ; t I I MAP LOT: ,, HOME TELEPHONE: 617-481-6954 (Office) ! . , BUSINESS TELEPHONE: 207-667-9341 (Hotel) FAX NUMBER: EMAIL ADDRESS: [email protected] NAME OF BUSINESS (DBA): Ramada by Wyndham Ellsworth . '. LOCATION OF BUSINESS: 215 High St, Ellsworth, ME 04605 NUMBER OF EMPLOYEES: 15 NATURE OF BUSINESS: Hotel

PROPERTY OWNER: Giri Ellsworth Inc PHONE NUMBER: 617-481-6954 ADDRESS: 225 W. Squantum Street, Suite 200, Quincy MA 02171

BUSINESS OWNER: Ashish Sangani PHONE NUMBER: 617-481-6954 ADDRESS: 225 W. Squantum Street, Suite 200, Quincy MA 02171

BUSINESS PARTNER: PHONE NUMBER: ADDRESS:

MANAGER: Same I Current PHONE NUMBER: ADDRESS:

EMERGENCY CONTACTS: Megha Sangani PHONE NUMBER: 617-770-3722 x 104 ADDRESS: 225 W. Squantum Street, Suite 200, Quincy MA 02171

SIGNATURE:~-. DA TE: 05/26/2021

LICENSE EFFECTIVE FROM: EXPIRES: LICENSE TYPES

_ Class A Establishment Designated as an establishment requiring a combination of any FOUR city licenses. (amusement, lodging, liquor, victualer's) CODE ENFORCEMENT/HEALTH OFFICER $100.00 Class B Establishment DATE: ~ -flging House City Officials, (Code Enforcement Officer, Fire Chief & Police· ; ' \J,New _Renewal Chief) shall cause inspections to be made and by signing above Place providing sleeping accommodations with or without confirm the premises are in compliance with the following: meals and charges a fee including but not limited to A. Current Land Use Ordinance boarding houses, hotels, inns and B. Current 101 Life Safety Code motels. C. Current Chapter 14 Fire Prevention Codes and Ordinances $30.00 + 2.00/room D. Current Chapter 59 Consumer Fireworks Sales License and _Liquor Commercial Outdoor Public Fireworks/Pyrotechnics Display Alcoholic beverages. All liquors Ordinance. but not limited to wine, beer or E. Current Electrical Code spirits, on and off premises consumption F. Current Building Code $35.00 G. Current Plumbing and Subsurface Wastewater Disposal Rules _Arcade H. Current Sewer!Stoim Water Ordinance Building or area containing J. Current Maine State Food Code pinball, video games, bagetelle J. As a condition of approval, the Police and/or Fire Department games, pool and billards/12 may require that Police and/or Fire personnel be present before, devices or less $20.00 during, or after the event, at the applicant's expense. over 12 $35.00 In its consideration to approve or deny said request, the City _Speclal Amusement Council shall detennine that the applicant has: A.) Obtained Live music, dancing, approval from appropriate city officials; B) Paid all arrearages of entertainment, exhibition, and performances, shows and City taxes, fees or any other obligations owed to the City; C) Is in diversions that include the compliance with any requirements for obtaining the license or offering of alcoholic beverages. pennit pursuant to this or any other ordinance and any state or $35.00 federal law. Title: Appointments of City Officials by the City Council **** WHEREAS, the City Charter or Statutes provide that the following officials be appointed by the City Council, and

WHEREAS, several of the appointments made by the City Council expire at midnight on June 30, 2021 ; it is hereby

ORDERED, that the following persons are appointed to the position indicated for a term to expire as indicated below:

OFFICE INCUMBENT TERM TO EXP. Treasurer Joshua Mcintyre 0613012022 Tax Collector Suzanne McLean 0613012022 Agent to the Overseers Glenn Moshier 0613012022 Fair Hearing Authority Glenn Moshier 0613012022 Tree Warden Glenn Moshier 06/30/2022 City Clerk Heidi-Noel Grindle 06/30/2022 Registrar of Voters Heidi-Noel Grindle 01101 /2023 Assessor Larry Gardner 06/30/2022 Harbonnaster Adam Wilson 06/30/2022

Planning Board Member current term to expire 06/30/2021, request to appoint until 06/30/2026:

John Fink

Planning Board Alternate (1) current term to expire 06/30/2021, request to appoint until 06/30/2023:

Molly Friedland

Board of Appeals Member current term to expire 06/30/2021, request to reappoint until 06/30/2026:

Stephen Shea

Harbor Commission Members current term to expire 06/30/2021, request to reappoint until 06/30/2024:

John Noll R. Fred Ehrlenbach

Harbor Commission Members (alternates) current term to expire 06/30/2021, request to reappoint until 06/30/2022:

F. Mark Whittaker Historic Preservation Commission Members current term to expire 06/30/2021, request to reappoint until 06/30/2024:

Carolyn Ackernrnn William Fogle

Recreation Commission Members current term to expire 06/30/2021, request to reappoint until 06/30/2023:

Nicholas Sarro - Accept letter of resignation Josh Frost April Clifford June 14, 2021

To the City Of Ellsworth Parks & Recreation Committee,

Please accept this letter as my formal resignation from the Ellsworth Parks & Recreation Committee.

I sincerely apologize for the abrupt timing of this announcement, however due to my current business situations i'll be unable to commit my full attention to the committee.

Thank you for the great opportunity and if there is anything I can do to help in the translation please let me know.

Sincerely, Nick Sarro 6/17/2021

COUNCIL[COMMITTEE BOARD TIME AND PLACE MEMBERS DATE APPOINTED TERM TO EXPIRE City Council 3rd Monday of every month 7:00 PM Marc S. Blanchette 11/2022 3 Year Term Jan and Feb. Michelle R. Kaplan 11/2022 2nd Monday - 7:00 PM. Robert P. Miller 11/2022 Dale A. Hamilton ( C ) 11/2023 Gene C. Lyons 11/2023 Heather M. Grindle 11/2021 John E. Phillips 11/2021

Ellsworth library Trustee 3rd Tuesday of every month 6:00 PM Anne Lusby (T) 11/2022 3 Year Term (Maine floor of Library). Spencer Patterson King 11/2023 Meetings that fall on a holiday are Kathleen B. Cravens 11/2023 rescheduled on a case by case basis, Ronald J. Fortier 11/2021 depending on when trustees are S. Craig MacDonald (C - June 16, 2021) 11/2021 available. EFFECTIVE 11/19/2019

Ellsworth School Board 2nd Tuesday at 6:00 PM Abigail T. Miller (VC} 11/2021 (Formed by vote on 2/2014) City Hall Council Chambers. Jennifer Alexander (C) 11/2022 3 Year Terms after formation Paul Markosian 11/2022 Elizabeth R. Alteri 11/2023 Kelly J. McKenney 11/2023

Planning Board 1st Wednesday of every month 5:30 PM. John Deleo 6/18/201B 6/30/2023 Five regular members - five year term Marc Rich 8/17/2020 6/30/2025 Two alternate members- two year term Richard Lyles 6/17/2019 6/30/2024 John Fink ( C ) 6/21/2021 CM 6/30/2026 Nelson Geel 8/17/2020 6/30/2022 Alternate Molly Friedland, Alt. (1) 6/21/2021 CM 6/30/2023 Patrick Lyons, Alt. (2) 8/17/2020 6/30/2022

Finance Committee Meeting/ Council Workshop 7:15 meeting every Friday in Council Chambers. Marc Blanchette A quorum of Councilors are usually present. No Finance Meeting the first Friday Heather Grindle The ONLY action taken will be signing of the of July and the Friday after Dale Hamilton Warrant By Committee members. Workshops Thanksgiving Day. Robert Miller, Alt. are discussions only; no action will be taken.

Frenchman Bay Partners On an as needed basis. City Council appointment: Annual meeting first weekend in February. Will be made at later date, per 11/16/2020 CM. Location varies. Board of Appeals 4th Monday of month 6:30 PM Jeffrey Toothaker 1/13/2020 6/30/2024 Five members, one associate, five year term. On an as needed basis. Stephen Salsbury 6/18/2018 6/30/2023 Same members serve on the Board of Jarad Wilbur 8/20/2018 6/30/2022 Assessment Review. Bruce Sawyer 6/15/2020 6/30/2025 Stephen Shea 6/21/2021 CM 6/30/2026 Associates Mike Wight 1/13/2020 6/30/2024 6/17/2021

COUNCIL[COMMITIEE BOARD TIME ANO PLACE MEMBERS DATE APPOINTED TERM TO EXPIRE Harbor Commission 2nd Wednesday of every month 6:00 PM. James Bergin (VC) 6/17/2019 6/30/2022 Seven members 3 year t erms, staggered Vacant -resigned 12/16/2019 6/30/2022 number of years for terms. John Noll 6/21/2021 CM 6/30/2024 R. Fred Ehrlenbach 6/21/2021 CM 6/30/2024 Three alternates 1 year terms. Frank Pierson 6/15/2020 6/30/2023 Patrick Downey 12/ 21/2020 6/30/2023 Mark Remick ( C ) 6/15/2020 6/30/2023 Alternates F. Mark Whittaker 6/21/2021 CM 6/30/2022 Vacant 6/30/2022 Vacant 6/30/2022 Honorary Member City Council Members: Gene Lyons and John Phillips. Staff Members: Adam Wilson.

Historic Preservation Commission 3rd Wednesday of every month 4:00 PM. Thomas Clark 8/17/2020 6/30/2022 Five members, three year term carolyn Ackerman ( C ) 6/21/2021 CM 6/30/2024 Catherine Fox 6/15/2020 6/30/2023 William Fogle 6/21/2021 CM 6/30/2024 Terri Cormier 6/17/2019 6/30/2022 City Council Member: Robert Miller

Local Roads ( Ad-Hoc Committee) On an as needed basis. City Council Members: Marc Blanchette, Gene Lyons, and John Phillips.

Solid Waste ( Ad-Hoc Committee) On an as needed basis. City Council Members: Marc Blanchette and Michelle Kaplan.

Frenchman Bay Regional Shellfish 3rd Wednesday of every month except June- Melissa Garland 1/14/2019 Committee Ellsworth Representative September. 7:00 PM Lamoine Town Office Recreation Commission 3rd Wednesday of every month 6:00 PM. Vacant 4/19/ 2021 CM 6/ 30/2023 Nine members, two year term Changed by vote of the Recreation Nicholas Sarro - (C) resigned 6/21/2021 CM 6/30/2023 Commission on 11/18/ 2020 Josh Frost 6/21/ 2021 CM 6/ 30/2023 Vacant 5/ 17/2021 6/ 30/2023 Vacant 4/19/2021 6/30/2023 April Clifford 6/21/2021 CM 6/30/2023 Courtney Bunker 6/15/2020 6/ 30/2022 Daron Goldstein 5/17/2021 6/ 30/2022 Nicholas Turner 6/15/2020 6/30/2022 City Council Members: Dale Hamilton and Robert Miller. Staff Member: Toni Dyer. Voter Registration Board of Appeals On an as needed basis. Lynn O'Kane - City Clerk Appt. 6/18/2018 6/30/2022 Three members: Jarad Wilbur Rep. Full Appt. 6/17/2019 6/30/2022 1 City Clerk appointee (Chair) (4 year term), Martha Dickinson- Dem. Full Appt. 6/17/2019 6/ 30/2022 1 full Republican appointee (3 year term), Alternates 1 full Democratic appointee (3 year term). Stephen Shea Rep. Alt. Appt. 6/17/2019 6/30/2022 (Title 21-A ss.103.1, ss103.3) John Fink Dem. Alt. Appt. 6/17/2019 6/30/2022 6/17/2021

COUNCIL/COMMITTEE BOARD TIME ANO PLACE MEMBERS DATE APPOINTED TERM TO EXPIRE Human Resources Committee On an as needed basis. City Council Members: Marc Blanchette, Heather Grindle, and Dale Hamilton. Street Light Committee On an as needed basis. City Council Members: Marc Blanchette, Michelle Kaplan, Robert Miller. Members: John Lynch, and Ray Williams. Staff Member: Glenn Moshier. Human Services Committee On an as needed basis. City Council Members: Michelle Kaplan, Gene Lyons, and John Phillips. Staff Member: Jenn Merchant. Penobscot Oowneast cable Television Consortium On an as needed basis. City Representative: Heather Grindle. Regional Committee meets quarterly. Alt. City Representative: Jason Ingalls. library Special Collections Committee On an as needed basis. Disbanded on 05/17/2021

Ellsworth Housing Authority 2nd Wednesday of each month at the Tenant Representatives Tenant Representative - 4 year terms Union River Estates on Water Street. Jodi Abbott 8/17/2020 9/1/2024 Member Representative - S year terms David Remick 01/11/2021 1/1/2026

Member Representatives Jarad Wilbur 2/12/2018 1/ 1/2023 Jeri White 01/11/2021 1/1/2026 Richard Lyles 8/19/2019 1/ 1/2024 Eleanor Jones 1/14/2019 1/1/2024 Raymond Williams 1/14/2019 1/ 1/2024 Business Development Corporation (EBOC) 4th Monday of each month City Council Members: John Phillips S:OO PM to 7:00 PM Auditorium Staff Members: Janna Richards Manager (Ex-officio): Glenn Moshier Emergency Medical Services Committee On an as needed basis. City Council Members: Michelle Kaplan, Robert Miller, and John Phillips. Staff Members: Gary Saunders City Manager (Ex-officio): Glenn Moshier

Capital Planning Committee On an as needed basis. Marc Blanchette, Dale Hamilton, John Phillips Support Funding the Library Committee On an as needed basis. Heather Grindle and Michelle Kaplan Title: Confinnation of City Manager's Appointments

**** WHEREAS, the City Charter provides that the City Manager appoints certain department heads or officers subject to confirmation by the City Council, and

WHEREAS, several of the appointments made by the City Council expire at midnight on June 30, 2021 ; it is hereby

ORDERED, that the following persons are appointed to the position indicated for a tenn to expire as indicated below:

OFFICE APPOINTEE TERM TO EXP Finance Director Joshua Mcintyre 06/30/2022 Deputy Finance Director Jennifer Merchant 06/30/2022 Deputy Treasurer Jennifer Merchant 06/30/2022 Deputy Treasurer Suzanne McLean 06/30/2022 HR Director Toni Dyer 06/30/2022 Deputy Tax Collector Virginia Derise 06/30/2022 Planner Elena Piekut 0613012022 Police Chief Glenn Moshier 06/30/2022 Deputy Police Chief Troy Bires 06/30/2022 Fire Chief Scott Guillerault 06/30/2022 Deputy Fire Chief Gary Saunders 06/30/2022 Director- Emergency Prep. Scott Guillerault 06/30/2022 Public Works Director Lisa Sekulich 06/30/2022 Supt. Water Dept. Reggie Winslow 06/30/2022 Supt. Wastewater Treatment Plant Michael Harris 06/30/2022 Welfare Director KaTina Howes 06/30/2022 Deputy Registrar of Voters KaTina Howes 06/30/2022 Deputy City Clerk KaTina Howes 06/30/2022 Deputy City Clerk Marcia Monk 06/30/2022 Deputy Registrar of Voters Marcia Monk 0613012022 Development Services Director Janna Richards 06/30/2022 Technology Systems Administrator Jason Ingalls 06/30/2022 Maintenance Supervisor Steve Joyal 06/30/2022 Interim Code Enforcement Officer Lori Roberts 06/30/2022 Dep. Code Enforcement Officer Thomas Canavan 06/30/2022 Interim Building Inspector Lori Roberts 06/30/2022 Interim Electrical Insp. Lori Roberts 06/30/2022 Deputy Electrical Insp. Ira LaPage 06/30/2022 Interim Plumbing lnsp. Lori Roberts 06/30/2022 Alt. Plumbing lnsp. Thomas Canavan 06/30/2022 Interim Health Officer Lori Roberts 06/30/2022 Assistant Assessor Cale Roberts 06/30/2022 Deputy Harbormaster William Wilson 06/30/2022 Deputy Harbormaster Michael Slater 0613012022 A fl""' ~n ~ C6LLtJtA \ O'«d.vi # ~(e o?I 0 ~ I r--4b0.°C ltJos-i llj ~ .;J~ Office of the City Treasurer ,.-~~--~~~~--~I City Hall Plaza • Ellsworth, ME 04605-1942 ELLSWORTH Phone (207) 669-6624• Fax (207) 669-6633 Business, Leisure, Life. Website: www.ellsworthmaine.gov Email: [email protected]

To: City Council

CC: GlelU1 Moshier, City Manager From: Jellliifer Merchant, Deputy Finance Director Date: June 18, 2021 Re: Tax Anticipation Note (TAN) Bids

On Friday, June 18, 2021 at 10:00 a.m., the City accepted bids for a Tax Anticipation Note (TAN). The proceeds of the TAN will be used for financing governmental activities and obligations of the City in anticipation of funds to be raised by taxation.

In preparation for the Tax Anticipation Note (TAN) for FY22, a cash analysis was prepared in order to determine how much money the City would require. It was decided that $2 million would best fit the cash needs of the City:

The results of the bids are as follows:

Financial Institution Rate Interest

Key Bank 0.50% $9,972.60

Camden National Bank 0.84% $16,986.67

Bangor Savings Bank 1.00% $19,945.21

Androscoggin Bank 1.20% $23,934.24

The First 1.40% $28,311.11

Bar Harbor Bank & Trust 1.58% $31 ,600.00

Machias Savings Bank 1.59% $31 ,712.88

Attached are copies ofthe bid requests and the bids received from the above local area banks.

If the City Council approves the low bidder for the Tax Anticipation Note, the following motion is suggested:

Move to award the Tax Anticipation Note low bid to Key Bank, at an interest rate of 0.50%. $2,000,000 TAX ANTICIPATION NOTE FRIDAY, JUNE 18, 2021AT10 AM

BANK INTEREST RATE TOTAL INTEREST Key Bank - lump sum basis or as needed 0.5% $9,972.60 Bangor Savings Bank- lump sum basis or as needed 1% $19,945.21 The First- lump sum basis or as needed 1.4% $28,311.11 Machias Savings Bank- lump sum basis or as needed 1.59% $31,712.88 Bar Harbor Bank & Trust- lump sum basis or as needed 1.58% $31,600.00 Camden National Bank- lump sum basis or as needed 0.84% $16,986.67 Androscoggin Bank- lump sum basis or as needed 1.2% $23,934.24

True Copy Attest: Heidi-Noel Grindle City Clerk Date: (j /r t/o2.o .:4-( Item #18

Jtn Tax Collector/Deputy Treasurer 1 City Hall Plaza • Ellsworth, ME 04605-1942 tW~~ Phone (207) 669-6634 • Fax (207) 667-4908 ELLSWORTH [email protected] Business, Leisure, Life. Memo To: Heidi-Noel Grindle, City Clerk CC: City Council Glenn Moshier, City Manager From: Suzanne McLean, Tax Collector/Deputy Treasurer Date: June 9, 2021 Re: June 2021 Agenda Request - Set interest date on overdue taxes for FY 2022

Please include on the June agenda a request to set the interest rate on overdue taxes for FY 2022. Maine Statute requires that the rate of interest be specified in a vote.

The maximum rate of interest that can currently be charged per Title 36, M.R.S.A. Section 505 is 6%. This rate is established by the Treasurer of State and is based on the prime rate as published in the Wall Street Journal on the first business day of the calendar year, rounded up to the next whole percent which would be 3% plus 3 percentage points.

Taxes are considered delinquent and interest begins to accrue on each installment the first day after its specified due date. Should the above proposed dates be approved, interest will begin to accrue on September 10, 2021 and March 11 , 2022.

The interest accrued is added to and becomes a part of the taxes.

Generally, in the past the City has stayed within 2 or 3 points of the maximum rate. Does the Council recommend staying at 6%?

The table below lists what the State of Maine's maximum rate has been for the past 5 years, compared to what the City has set for a rate.

Fiscal Year State Maximum City's Rate 2021 8.00 6.00 2020 9.00 6.00 2019 9.00 6.00 2018 8.00 6.00 2017 7.00 5.00

If City Council agrees with this request the suggested motion will be:

Move to approve Council Order ____, request ofthe Tax Collector/Deputy Treasurer to set the interest rate on overdue taxes at percent ;1,./Ji.j' Ellsworth Fire Department (/:P?!-· From the desk of Interim Chief Gary ~aunders ELLSW01'TH 1 City Hall Plaza + Ellsworth, ME 04605-1942 Business, Leisure, Llfe. Phone (207) 667-8666 + Fax (207) 667-4902 www.ellsworthmaine.gov [email protected] MEMORANDUM

To: City Council Cc: Glenn Mosier; City Manager Heidi Grindle; City Clerk From: Gary Saunders; Interim Fire Chief

Date: 5-18-2021

Re: Revised Agreement for providing Fire and Emergency Services to Fletchers Landing Township

The County of Hancock seeks to renew the agreement with the City of Ellsworth to provide emergency response services to Fl etchers Landing Township including responses to: Structure fires, non-transport first responder EMS, vehicle accidents, hazards in the roadway, entrapment, leaking fuel or fluids, water/ice rescue, and confined space rescue. ln consideration Hancock County will pay an annual payment of Seventeen Thousand Five hundred dollars and no cents ($17 ,500.00) to the City of Ellsworth. The term for this agreement is from July 1, 2021 through June 30, 2024. Service to the above described area shall be provided assuming the access roads are open and passable for Fire Equipment. Hancock County will remit the annual payment to the City of Ellsworth after July 1 of each fiscal year but prior to June 30 of that fiscal year.

Our records indicate the fire department responded to Fletchers Landing Township 15 times in FY2 l with I 0 of those being EMS calls.

Suggested Motion: Move to approve the request of the Fire Chief to accept a revised agreement between the City of Ellsworth and the County of Hancock to provide fire protection and emergency services to Fletchers Landing Township for a term of three years for the annual sum of $17,500.00.

With regards, Gary Saunders Interim Fire Chief HANCOCK COUNTY FIRE PROTECTION EMERGENCY RESPOSE SERVICE AGREEMENT

This agreement is entered into this 1st day of July 2021 by and between the inhabitants of the Municipality of Ellsworth, a body politic and corporate, located at Ellsworth, County of Hancock, State of Maine, hereinafter referred to as "Ellsworth" and the County of Hancock, an organized county within the State of Maine, hereinafter referred to as Hancock County.

WITNESS ETH

Ellsworth and Hancock County, in consideration of the mutual covenants and stipulations set forth herein agree as follows; ARTICLE ONE

In consideration of Seventeen Thousand Five hundred dollars and no cents ($17 ,500.00) annual payment to be paid by Hancock County to the Municipality of Ellsworth, Ellsworth agrees to provide Hancock County with Fire Protection and Emergency Response Services at a non transport first responder level from July 1, 2021 through June 30, 2024 in accordance with the terms and conditions set forth herein, for Fletcher's Landing Township. Service to the above described area shall be provided assuming the access roads are open and passable, for Fire Equipment. Hancock County will remit the annual payment to the City of Ellsworth after July 1 of each fiscal year but prior to July 30 of that fiscal year.

ARTICLE TWO

The purpose of this agreement is to enable Hancock County to acquire fire protection and emergency response service from the Municipality of Ellsworth for Fletcher's Landing Township. This agreement includes structural fires and excludes incidents covered by Maine Forestry Service and/or Maine Department of Inland Fisheries and Wildlife, and excludes any other non-structural emergency not listed in Article Three.

ARTICLE THREE

The City of Ellsworth shall only be dispatched the under the following criteria;

3.1 Structure fires or any fire that endangers a structure.

3.2 For personal injury accidents, emergency health issues, people entrapped or otherwise in danger of death or injury.

Page 1 of3 3.3 For leaking fuel or fluids.

3.4 For Traffic Hazards, (vehicles in the road, vehicle fires, incidents on bad comers with poor visibility) to secure the scene for public safety.

3.5 For people in the water, through the ice or at risk of cold related death or injury.

3.6 For high angle rescue, confined space rescue, extrication/entrapped (machinery non MVA).

3.7 This list is not all inclusive and at the best judgment of the dispatcher based on information provided at the time of the call.

3.8 The City of Ellsworth agrees to provide the County with a copy of incident reports for incidents that occur in Fletcher' s Landing Township.

ARTICLE FOUR

Ellsworth shall provide Hancock County fire protection and emergency response service for Fletcher's Landing Township so long as the Ellsworth Municipal Fire Department is available to respond. Ellsworth shall provide Hancock County, Fletcher's Landing Township fire protection and emergency response services as stated, on a 24-hour basis.

ARTICLE FIVE

5.1 The City of Ellsworth shall provide the above Fire and Emergency Response services, when requested by any resident, part-time resident or other person located within Fletchers Landing Township, upon properly identifying themselves and providing incident information and location. 5.2 Hancock County will provide City of Ellsworth with a map of the areas to be serviced. The City of Ellsworth shall provide the necessary equipment and personnel to adequately provide emergency response as defined in ARTICLE FOUR. 5.3 The City of Ellsworth may recall equipment and personnel from an incident in Fletcher's Landing Township, if an incident occurs concurrently in the City of Ellsworth and the equipment and/or personnel are needed in the City of Ellsworth. 5.4 The Incident Commander shall have the authority to withdraw equipment and/or personnel in conformity with this contract. 5.5 The City of Ellsworth shall notify the State Fire Marshall's Office where appropriate including but not limited to arson fires.

ARTICLE SIX

Page 2of3 6.1 The City of Ellsworth and Hancock County agree not to assign this contract, or any part herein, without the written consent of the other party; 6.2 Any assignment of this contract shall be in writing; 6.3 This contract shall not limit Hancock County from supplementing the above emergency response service with other equipment and/or personnel.

ARTICLE SEVEN

7.1 The City of Ellsworth or the County of Hancock may terminate this agreement at any time, with ninety (90) days written notice.

ARTICLE EIGHT

The City of Ellsworth shall provide the County with a Certificate of Insurance as a verification document of their general liability insurance coverage with Hancock County named as an Additional Insured on said policy.

IN WITNESS WHEREOF, the parties to this agreement have executed the same in triplicate on this __ day of , 2021 and hereunto set their hands.

CITY OF ELLSWORTH

By: Attest: Ellsworth City Manager City Clerk

COUNTY OF HANCOCK

By: Attest: Commissioner John Wombacher County Clerk

By: Attest: Commissioner William Clark County Clerk

By: Attest: Commissioner Paul Paradis County Clerk

Page 3 of3 Memo

To: City Council From: Thomas Canavan CC: Fire File Date: 6/18/21 Re: Chapter 4- Fire Protection & Prevention Ordinance

Comn1ents: The Fire Department would like to recommend that the City Council entertain a motion to keep Chapter-4 as it is and require the developers to choose a source of fire protection that meets the requirements of Chapter-4. Chapter-4 has three options for fire protections in subdivisions:

1) Connect to City Water 2) Install underground water cisterns every 1000 feet with a minimum capacity of 10,000 gallons. 3) Or they may install an approved sprinkler system.

In regard to the property owners in Nevelles Shores, the Developers/Property owners can install cisterns to the Ordinance specifications or continue with the l 3D systems and hire an inspector to travel here to do the inspections.

Recommended Motion: To leave the Chapter 4 Fire Protection & Prevention Ordinance as is, and schedule a workshop in the near future that would allow for the new Fire Chief and his Department to present options to this situation. Sec. 7 .5 Fire Protection for Subdivisions In areas of the City where landowners elect to develop subdivisions for residential or commercial use in compliance with the Land Use Ordinances of the City of Ellsworth, water supplies for fire suppression purposes shall be provided. A fire protection option shall be decided upon and that option shall be included in the recorded deeds, and identified as part of the property covenant requirements on the final Mylar drawings signed by the Planning Board. Water supplies for fire suppression purposes shall be provided by one of the following options:

Option 1: Water supply for fire protection shall be provided by water mains and fire hydrants as specified in this Article.

Option 2: Water supply for fire protection shall be provided by installing underground stationary water tanks of no less than ten thousand (10,000) U.S. gallons capacity, at not more than 1000-foot intervals measured along vehicular access and travel routes throughout the development. Minimum requirements for a Static Water Supply System shall comply with the most current edition of the Nation Fire Protection Association; NFPA 1142 Standard on Water Supplies for Suburban and Rural Firefighting.

Option 3: The installation of automatic sprinkler systems per NFPA 13-D in one and two family dwellings and Townhouses as defined by the MUBEC International Residential Code and the State Fire Marshal Rule or NFPA 13-R in all other residential structures and NFPA 13 in any commercial structure.

A narrative of the chosen option of 7. 5 and responsible party for the Fire Protection Water supply shall be included in the recorded deeds, and identified as part ofthe property covenant requirements and be included on the final Mylar drawings signed by the Planning Board. A 7.5.1 Fire Protection Maintenance Upkeep and maintenance of the chosen fire protection option shall remain the responsibility of the developer, property owner or road/property owners association.

Exception: Water mains and hydrants that are accepted by the Ellsworth Water Department as public infrastructure.

7.5.2 Responsible Party Documentation Documentation shall be filed identifying the responsible party whether the developer, property owner or road/property owners association, describing in detail, the responsibilities of upkeep and maintenance of the chosen fire protection option. Documentation shall be noted on site plans and in the Homeowners Association Bylaws, Covenants, Conditions and Restrictions and the property deed that is approved by the Ellsworth Planning Board and the Ellsworth Fire Department Fire Chief or designee prior to the Planning Board's final signature of approval.

PAGE 25 ...... 04-18-2017 .I--t.~M.. ~ o2j

(/~~ ~ .-~~~~~~~~~~~-E_ll_From the desswk _oflno_r_th_terim~_,_"r Chie~D~ef Gepary_a_r_tn_ Saundie_n_.ters ELLSWOI\.TH I City Hall Plaza • Ellsworth, ME 04605-1942 Business, Leisure, Life. Phone (207) 667-8666 • Fax (207) 667-4902 www.ellsworthmaine.gov [email protected]

According to retired Fire Chief Jon Marshall who proposed the original language,

the intent of the Fire Protection and Prevention Ordinance (FPO) was to require all

new construction one and two family dwellings, anywhere in the City of Ellsworth

to be built with a 13 D residential sprinkler system. The reasoning for this

proposed ordinance was because of the lack of water supply for fire protection in

many areas of the city as well as the use of "light weight" building materials that

was becoming the nonn in building construction.

Engineered trusses utilizing sheet metal gussets were a light weight and

economical substitute for traditional rafters. These trusses work well until heated

by fire. The resulting heat weakened the gussets causing them to release from the

wood structure they were designed to hold together causing roof collapse. Instead

of dimensional lumber ie: 2x6, 2x8, or 2xl 0, floor systems now utilized

engineered oriented strand board (OSB) or plywood stringers with a top and

bottom plate glued together to create an I beam stringer. This proved to be a strong

and very economical option for the home builder. The issue again became when

the structure was involved in fire. The light weight floor trusses proved to fail

prematurely essentially causing a house of cards effect. This was and continues to be a very serious concern for firefighter safety as the timing for building collapse coincides with fire department an-ival and initial fire attack. The proposed mandatory sprinkler ordinance met with much resistance among the local home building contractors. The proposed ordinance would have increased the cost of a new home substantially. Realizing the proposed ordinance would most likely not gain City Council approval Chief Marshall utilized language from NFPA 1142 which states in Ch. 1, 1.2 Purpose: "The purpose of this standard is to assist the

AHJ (authority having jurisdiction) to establish the minimum water supply necessary for structure fire-fighting purposes in those areas where it has been determined that there is no water or inadequate water for firefighting". Using this language Chief Marshall proposed three options for residential and commercial

Sub divisions. The three options are stated in Chapter 4 of the Fire Protection and

Prevention Ordinance section 7.5 Adopted by the City Council in July of 2008 with an effective date of September 1, 2008.

With Regards;

Gary Saunders

Interim Fire Chief City Manager I City Hall Plaza + Ellsworth, ME 04605-1942 Phone (207) 669-6616 + Fax (207) 667-4908 www.ellsworthmaine.gov

To: City Council From: Glenn Moshier Date: June 17, 2021 Re: Armual Report for Affordable Housing Tax Increment Financing Dist:Iicts

I am respectfully requesting the council approve the Annua l Reports for Tax Year April 1, 2020 through March 31, 2021 Affo rd able Housing Tax Increment Financing Districts.

These Annual Reports are required to be filed with Maine Housing pursuant to 30-.t\ M.R.S.A. §5250-E for all Affordable Housing Tax Increment Financing Districts. We currently have three such districts: Leonard Lake, Oriole Way and Oriole Way Senior.

Ifthe council has no questions, comments or concerns with these reports, the following motion is suggested:

Move to approve the Annual Reports for Tax Year April 1, 2020 through March 31, 2021 for A/fordable Housing Tax Increment Financing Districts, Leonard Lake, Oriole Way and Oriole Way Senior in the City of Ellsworth. Annual Report for T ax Year April 1, 2020- March 31, 2021 Affordable Housing Tax Increment Financing District Submission Deadline of April 30, 2021

Municipality: City of Ellsworth

Municipal official submitting this report:

Glenn M. Moshier Printed name

05/19/21 Signature Date

Title: City Manager Mailing address: 1 City Hall Plaza Phone number: (207)669-6601 Email address: gmoshier@

Name of Affordable H ousing Development District:

Leonard Lake

Date that the municipal legislative body approved this report: In s11bmitting this report, the legislative bocfy of the m11nicipaliry or its a11thon·zed representative ce1ti:ftes that the p11b/ic purpose of the affordable housing distnd is being met and that the req11ired housing affordabili!J and other conditions qfapproval, i11c/11di11g limitatiom on uses of tax increment revenues for approved development project costs, set forth in the Certificate ofApproval issued by Maine State Housing A11thoriry for the Dist1ict and the related Affordable Housing Development Program are being maintained.

___ ,20_ _

Status of affordable housing within the District: "Affordable" means for households earning no more than 120% area median income. Ifaffordable ho11sing development is in process or complete, we 1vo11ld very much appreciate a photo of the housing, supplied electronicalfy to [email protected].

Type of housing unit # of Existing # of Existing #of Planned #of Planned affordable market units affordable market units units units Rental (family) Rental (senior) 26 Owned home/condo

030910 Please list property sales within the District. [NOTE: Impact on affordability is not required by the statute for this item and in any event would be captured in the chart above.]

Please describe any changes from what was described in the approved Development Program for the District, such as changes to the type, scope or timing of development within the District. If the Development Program and Certificate of Approval for the District allow alternative uses of funds, please list how funds are being used in practice.

N/A

030910 Annual Report for Tax Year April 1, 2020 - March 31, 2021 Affordable Housing Tax Increment Financing District Submission Deadline of April 30, 2021

Municipality: City of Ellsworth

Municipal official submitting this report:

Glenn M. Moshier Printed name

05/19/21 Signature Date

Title: City Manager Mailing address: 1 City Hall Plaza Phone number: (207)669-6601 Email address: [email protected]

Name of Affordable Housing Development District:

Oriole Way

Date that the municipal legislative body approved this report: In sttbmitting this report, the legislative bocfy of the mttnicipaliry or its authorized representative certifies that the pttblic purpose of the affordable housing district is being me/ and that the req11ired housing affordability and other conditions of approval, including limitations 011 uses of tax increment revenues for approved development project costs, set fotth in the Certificate ofApproval issued f?y Maine State Housing A11tho1iry for the District and the related Affordable Housing Development Program are being maintained.

___,20 _ _

Status of affordable housing within the District: "Affordable" means for households earning no more than 120% area median income. Ifaffordable housing development is in process or complete, we 1vo1tld very much appreciate a photo of the housing, supplied electronical/y to [email protected].

Type of housing unit # of Existing #of Existing #of Planned #of Planned affordable market units affordable market units units units Rental (family) 50 Rental (senior) Owned home/condo

030910 Please list property sales within the District. [NOTE: Impact on affordability is not required by the statute for this item and in any event would be captured in the chart above.]

N/A

030910 Annual Report for Tax Year April 1, 2020- March 31, 2021 Affordable Housing Tax Increment Financing District Submission Deadline of April 30, 2021

Municipality: City of Ellsworth

Municipal official submitting this report:

Glenn M. Moshier Printed name

05/19/21 Signature Date

Title: City Manager Mailing address: 1 City Hall Plaza Phone number: (207)669-6601 Email address: [email protected]

Name of Affordable Housing Development District:

Oriole Senior

Date that the municipal legislative body approved this report: In submitting this report, the legislative bocfy of the municipali(Y or its authorized representative certifies that the public purpose ofthe affordable housing district is being met and that the required housing affordabili(Y and other conditions ofapproval, i11c/11di11g limitatiom on uses of tax increment revenues for approved development prqject costs, set forth in the Certificate ofApproval issued i?J Maine State Ho11si11g Authori(Y for the Distnd and the related Affordable Housing Development Program are being maintained.

___,20 _ _

Status of affordable housing within the District: ''Affordable" means for households ean1i11g no more than 120% area median income. Ifaffordable housing development is in process or complete, 1ve would very much appreciate a photo ofthe housing, supplied electronical!J to [email protected].

Type of housing unit # of Existing # of Existing #of Planned #of Planned affordable market units affordable market units units units Rental (family) Rental (senior) 29 Owned home/condo

03091 0 Please list property sales within the District. [NOTE: Impact on affordability is not required by the statute for this item and in any event would be captured in the chart above.]

N/A

030910