Packet, Link Below, Page 6

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

SACO CITY COUNCIL MEETING MONDAY, JULY 13, 2020 – 6:30PM ONLINE MEETING VIA ZOOM (sacomaine.org/watchmeetings)

I. CALL TO ORDER II. RECOGNITION OF MEMBERS PRESENT III. PLEDGE OF ALLEGIANCE IV. GENERAL A. 2020 Aftermath Services LLC “Pay it Forward” National Video Contest B. Meal Program Volunteer Recognition C. Affirming a Safe, Welcoming, and Diverse Community V. COMMITTEE CORRESPONDENCE TO COUNCIL VI. PUBLIC COMMENT VII. APPROVAL OF MINUTES: N/A VIII. CONSENT ITEMS A. Application for a Solid Waste Permit – Maine Waste Solutions P2 IX. ACTION ITEMS A. (Public Hearing) Renewal Application for a Special Entertainment Permit – P4 Biddeford Saco Elks Lodge No. 1597 B. Removal of Outdated Health Insurance Policy P6 C. Removal of Outdated Equal Employment Opportunity Policy P7 D. (First Reading) Chapter 81 Review: 2 Marguerite Road (Map 10 Lot 17) P9 E. Update to Social Media Policy P13 F. Amendment to Interest Rate for FY2021 (Correction of State Error) P25 G. Proposed Zoning Amendment – Automobile Dealer Use with Performance P28 Standards in the I-2 Zoning District X. NEW BUSINESS A. Intercultural Competency and Awareness Resolution and P34 Committee Formation Discussion B. Unaccepted Portion of Berry Road Discussion P36 XI. ADMINISTRATIVE UPDATE XII. COUNCIL DISCUSSION AND COMMENT XIII. EXECUTIVE SESSION: N/A XIV. REPORT FROM EXECUTIVE SESSION XV. ADJOURNMENT

SacoMaine.org | 300 Main Street, Saco, Maine 04072 | (207) 282-4191 CONSENT AGENDA ITEM: A July 13, 2020

MEETING ITEM COMMENTARY

AGENDA ITEM: Application for a Solid Waste Permit – Maine Waste Solutions

STAFF RESOURCE: Michele L. Hughes, City Clerk

COUNCIL RESOURCE: Councilor Lynn Copeland

BACKGROUND: Maine Waste Solutions has applied for a Solid Waste Permit for a period of one year.

The applicant has paid all applicable permit fees as required by Chapter 181 – Solid Waste, Article II, Licenses §181-21.

EXHIBITS: Application

RECOMMENDATION: Staff recommends approval.

SUGGESTED MOTION: “Be it Ordered that the City Council grant the application for a Solid Waste Permit as submitted by Maine Waste Solutions”.

“I move to approve the Order”.

2 CONSENT AGENDA ITEM: A July 13, 2020 Exhibit Item: 1

3 ACTION ITEM: A July 13, 2020 Exhibit Item: 1

MEETING ITEM COMMENTARY

AGENDA ITEM: (Public Hearing) Renewal Application for a Special Entertainment Permit – Biddeford-Saco Elks Lodge No. 1597

STAFF RESOURCE: Michele L. Hughes, City Clerk

COUNCIL RESOURCE: Councilor Joseph Gunn

BACKGROUND: Biddeford-Saco Elks Lodge No. 1597 has applied for a renewal of their Special Entertainment Permit. The permit will be concurrent with the establishment’s liquor license.

The applicant has paid all applicable permit fees and the clerk has properly advertised the public hearing in accordance with the Saco City Code, Chapter 93 - Entertainment §93-2.

EXHIBITS: Special Entertainment Permit

RECOMMENDATION: Staff recommends approval.

SUGGESTED MOTION: “I move to open the Public Hearing.”

“I move to close the Public Hearing and be it ordered that the City Council grant the renewal application submitted by Biddeford-Saco Elks Lodge No. 1597 for a Special Entertainment permit to be concurrent with the establishment’s current liquor license”.

“I move to approve the Order.”

4 ACTION ITEM: A July 13, 2020 Exhibit Item: 1

5 ACTION ITEM: B July 13, 2020

MEETING ITEM COMMENTARY

AGENDA ITEM: Removal of Outdated Health Insurance Policy

COUNCIL Councilor Alan Minthorn RESOURCE:

STAFF RESOURCE: Mary Starr, Volunteer Coordinator

BACKGROUND: The Health Insurance Policy (2004) was on the policy portion of the City’s website. This policy is outdated and inaccurate. An updated policy is located in the Non-Union Personnel Policy. It is recommended that the council votes to remove the Health Insurance Policy (2004).

EXHIBITS: Health Insurance Policy (2004)

Adopted by City Council of Saco: December 6, 2004

Beginning January 1, 2005, employees will be required to participate in one of the plans adopted below:

1. The City will pay one hundred percent (100%) of the employee’s premium and eighty percent (80%) of the difference between the single and dependent coverage. The City and the employee will share any anticipated premium increase for coverage on a seventy-five percent (75%) city and twenty-five percent (25%) employee. This amount shall be accumulative from year to year.

2. The City will pay one hundred percent (100%) of the employee’s premium and seventy-five percent (75%) of the difference between the single and dependent coverage. An employee must apply for coverage and is not automatically covered. A new employee becomes eligible after a (30) thirty-day waiting period. Any employee who does not receive health insurance benefits and can demonstrate that he/she has insurance coverage, shall be eligible to receive seventy-five dollars ($75) per bi-weekly pay period of the savings realized by the City each year. The employee must provide proof of coverage a minimum of once per year and at other times as requested and must initially sign the appropriate waiver for health insurance coverage.

6 ACTION ITEM: B July 13, 2020

Revised Policy in Non- Union Personnel Policy

3.6 Health Benefits

A. The City will provide a Maine Municipal Association (MMA) group insurance plan, which provides Maine Municipal Employees' Health Trust medical coverage and, in addition, major medical coverage. The City's MMA Employees' Health Trust coverage and level of service shall be established by the City Council. Currently this is an 80% employer/20% employee share. B. Full-time and part-time employees and their families are eligible to participate. An employee must apply for coverage and coverage is not automatic. A new employee becomes eligible after a thirty-day waiting period. C. The Maine Municipal Employees' Health Trust coverage shall be determined by the City Council. The employee will pay any difference. D. Any employee who does not elect to receive health insurance benefits and can demonstrate that they have insurance coverage, shall be eligible to receive $1,950 of the savings realized by the City each year. E. Vision and Dental Insurance – The city provides up to $325 annually towards coverage for vision and dental. The employee will be responsible for any amount above this amount. If the employee is covered by their spouse, the employee with receive a $325 reimbursement annually. (pro-rated for part- time employees).

RECOMMENDATION: Staff recommends removal of the Health Insurance policy (2004).

SUGGESTED “I move to remove the outdated Health Insurance Policy.” MOTION: “I move to approve the order”.

7 ACTION ITEM: C July 13, 2020

MEETING ITEM COMMENTARY

AGENDA ITEM: Removal of Outdated Equal Employment Opportunity Policy

COUNCIL Councilor Alan Minthorn RESOURCE:

STAFF RESOURCE: Mary Starr, Volunteer Coordinator

BACKGROUND: The Equal Employment Opportunity Policy (2003) was on the policy page of the City’s website. This policy is outdated and a recently updated policy is located in the Employee Handbook. It is recommended that council votes to remove this outdated and unneeded policy.

EXHIBITS: Equal Employment Opportunity Policy (2003)

Purpose:

The City Council of Saco declares its intent that the City will pursue a policy of non-discrimination in personnel practices, including: recruiting, hiring, opportunities for transfer and promotion, conditions or privileges of employment, as well as compensation and benefits. Such practices or procedures shall not favor or penalize any person because of race, creed, color, sex, marital status, national origin, age, physical handicap, where these are not found to be bona fide occupational qualifications. The City recognizes its responsibility to enhance the purposes set forth in the Maine Human Rights Act as well as Federal statutes which may apply as a result of its Federal grant activities. Compliance with EEO requirements may be enhanced through adoption of appropriate personnel policies. Assistance in drafting such policies may be obtained through the Maine Municipal Association or your Community Development Office.

Revised policy in EMPLOYEE HANDBOOK

1.1 Equal Opportunity Employment

As an Equal Opportunity Employer, the City of Saco is committed to providing an environment of mutual respect where equal employment opportunities are available to all and where employees are able work in an environment free of discrimination and harassment.

The policy of the City is to provide equal opportunity to all employees, applicants, and those seeking promotions without regard to race, religion or belief, national, social or ethnic origin, sex (including pregnancy), age, physical, mental or sensory disability, past or present military service,

8 ACTION ITEM: C July 13, 2020

sexual orientation, gender identity and/or expression, marital, civil union or domestic partnership status, family medical history or genetic information, family or parental status, or any other status protected by the laws or regulations in the locations where we operate.

The City will endeavor to select the best-qualified persons who are available at the salary level established for the position. It shall be the duty of the City Administrator or their designee to seek out the most desirable employees for the City, and they shall determine the means of recruitment. All employment opportunities with the City of Saco shall be based on merit and upon a person’s ability to perform the job duties and responsibilities of the particular position.

Employees with questions or concerns about discrimination in the workplace are encouraged to bring these issues to the attention of the Human Resources Director or the City Administrator. Employees can raise concerns and make reports without fear of reprisal or retaliation. Anyone found to be engaging in unlawful discrimination may be subject to disciplinary action, including termination of employment.

RECOMMENDATION: Staff recommends removal of EEOC policy (2003).

SUGGESTED “I move to remove the outdated Equal Employment Opportunity policy MOTION: (2003).”

“I move eto approve th order."

9 ACTION ITEM: D July 13, 2020

MEETING ITEM COMMENTARY

AGENDA ITEM: (First Reading) Chapter 81 Review: 2 Marguerite Road (Map 101 Lot 17)

COUNCIL RESOURCE: Councilor Jim Purdy, Ward 2

STAFF RESOURCE: Bryan Kaenrath, City Administrator

BACKGROUND: Earlier this year, the City Council initiated its review of land donation to Habitat for Humanity. Since then, the Leedbergs (abutting property owners at 343 Flag Pond Road) have approached the City, asking to purchase some of the City’s land that abuts their property. Staff reached out to Habitat representatives to ask that Habitat share a copy of the survey they were undertaking of the site. Staff received a copy of the survey, which shows several structures owned by the Leedbergs encroaching onto the City’s property. At this time, and after reviewing several options, a positive solution seems to be to sell some of the City’s land to the Leedbergs, retain at least 30,000 square feet of land for the City, and donate the remaining land to Habitat for Humanity. Please refer to July 2nd memo for full details.

EXHIBITS: 1. Memo from City Administrator dated July 2, 2020 2. Original documentation provided at the following Council meetings: . January 27, 2020 . February 10, 2020

RECOMMENDATION: The City Council should complete the final steps of the Chapter 81 review process, required for land sale, if it decides to move forward with sale of land to the abutting property owner. It is the Council’s decision about how and whether to sell City property.

SUGGESTED MOTION: “I move to approve the first reading, and schedule a public hearing on August 3, 2020 regarding the following order, in substantially the same form as presented: ‘Be it ordered that the City Administrator is hereby authorized to execute sale of approximately 10,000 square feet of land and to execute all necessary documents to donate specified portion of land of 2 Marguerite Road to the Habitat for Humanity.’”

10 ACTION ITEM: D July 13, 2020 Exhibit Item: 1

City Administration Bryan T. Kaenrath Saco City Hall City Administrator 300 Main Street [email protected] Saco, Maine 04072-1538 Phone: (207) 282-4191

TO: City Council

FROM: Bryan Kaenrath, City Administrator

CC: The Leedbergs, 343 Flag Pond Road (abutting property owners) Amy Nucci, Habitat for Humanity

DATE: July 2, 2020 (July 13, 2020 City Council Meeting)

RE: Chapter 81 Review Completion: 2 Marguerite Road (Map 101 Lot 17)

Earlier this year, the City Council initiated its review of land donation to Habitat for Humanity. Since then, the Leedbergs (abutting property owners at 343 Flag Pond Road) have approached the City, asking to purchase some of the City’s land that abuts their property. Staff reached out to Habitat representatives to ask for Habitat to share a copy of the survey they were undertaking of the site. Staff received a copy of the survey, which shows several structures owned by the Leedbergs encroaching onto the City’s property. At this time, and after reviewing several options with both City and Habitat representatives, a positive solution seems to be to sell some (approximately 10,000 square feet) of the City’s land to the Leedbergs, retaining at least 30,000 square feet of land for the City, and donating the remaining land to Habitat for Humanity.

Staff has discussed this potential option with both the Leedbergs and Habitat representatives. Habitat representatives would prefer that the lot lines are drawn so that the Leedberg’s structures are not on the Habitat lot, for future owners and liability concerns, and have expressed interest in maintaining as much frontage as possible along both Flag Pond and Marguerite Roads. There have been preliminary discussions with the Leedbergs about potential sale price along with potential deed restrictions of no land divisions, and restriction on using any part of the City-purchased land toward buildable lot area, other than potential replacement of up to two small structures (under 200 square feet of storage, non-habitable space each, provided that applicable and all zoning requirements are met). Ultimately, it is the City Council’s decision on whether and how the land is sold.

This matter would have been brought to a Council meeting sooner, but unfortunately, Staff could not get in contact with the Leedbergs for some time during the stay-at-home order. If the City Council chooses to move forward with discussion of this sale, Staff recommends that the City Council schedule a public hearing to complete the Chapter 81 review of both the sale of approximately 10,000 square feet of land to the Leedbergs, and donation of specified land to Habitat for Humanity (while retaining 30,000 square feet of land for the City’s use).

Staff looks forward to answering any questions about this information.

11 12 July 13, 2020 Exhibit 1 Item: ACTION ITEM: D ACTION

CERTIFICATION Location Marguerite Road 40' Wide Bounds Per Order Of Condemnation 3503/164

Lincoln Rd

Park Rd

Ricker Rd

Ranwall Ave Virginia Ave S 80°46'14" E Charles Rd ______Marguerite Rd 5 8 " Rebar Found 193.99' Marguerite Road At Grade Site RICHARD W. EATON P.L.S. # 2075 Lot 52 Boothby Rd

Flag Pond Road S 80°46'14" E Ditch TB #2 200.01' Spring Rd Lot 51 Lot 44 Anderson Lane Lot 43 Lot 35 Lot 42 Lot 50 245.82'

NTS

Lot 49 N.F.Melvin Leeberg

8847/154 Lot 36

N 34°05'41" E 150.00'

Apparent Encroachment Area S 09°13'46" W S 09°13'46" W Sheds, Huts ,Dog Pen, etc Approximate Locations Playground

5 8 " Rebar Found At Grade 150.00'

Lot 48 5 Flag Pond Road 8 " Rebar Found Bent Lot 37 Disturbed 0.8' Off Line 49.5' Wide Bounds Per Order Of Condemnation Lot 47 3503/164 N 80°46'14" W Lot 46 200.01'

50.01' TB #1

Lot 45 S 09°13'46" W Lot 38

5 8 " Rebar Found 2" AG Next To A LEGEND A Hollow Pipe R 1 Edge Of Lawn 9 79 9 . 9 4 5 . 8 8 ''''''''''''''''''''''''''''''''''''''''' York ss Registry Of Deeds 5/8" Rebar Set With Cap ''''''''''''''''''''''''''''''''''''''''' Land Conveyed To N.F.Reynold & Nancy Beaulieu City Of Saco Received______20___ 3511/334 5205/255 Rebar/Iron Pipe Found Lot 39 S 53°29'16"195.62' W Utility Pole At___H___M___M., And

N.F. Now or Formerly Recorded In Book___Page___ N.F.Harrison Goldthwait Lot 40 Flag Pond Road 3511/336 1324/98 Book & Page 49.5' Wide Bounds Per Order Of Condemnation 3503/164 Attest: ______Lot 41 Register

Flag Pond Road

5 8 " Rebar Found In Hollow Pipe

5 8 " Rebar Found Notes: With Cap #1235 1) Tax Map 101 Lot 17 N.F. Anna & Todd Goldthwait 16071/935 2) Playground Lot Area 30,0001 Square Feet Or 0.69 Acres Area Of Lot To Be Conveyed To Habitat For Humanity 69,799 Square Feet Or 1.60 Acres

Lincoln Road Plan Reference

1) Plan Showing Boothby Farm Home Sites, Saco, Maine By Libby & Dow Dated July 18, 1942 And Recorded In Plan Book 13 Page 15

Boundary Survey Boothby Farm Playground

Land Located at: 2 Marguerite Road SCALE: 1 : 40 Saco, Maine 04072 DRAWN BY: R.W.E. CHECKED BY: R. W. E. R. W. EATON ASSOCIATES Land Owned By: City Of Saco CAD FILE: 831.DWG LAND SURVEYING & REAL ESTATE 300 Main Street Address: PROJ #: 831 58 PLEASANT STREET, WESTBROOK, MAINE 04092 Saco, Maine 04072 ORIG DATE: 02-12-20 PHONE: 207-854-2402 EMAIL [email protected] Deed Reference: Book 3133 Page 28 0 REV DATE: 00 - 00 - 00 Book 3511 Page 334 1 REV DATE: 00 - 00 - 00 February 12Th, 2020 Book 967 Page 177 2 REV DATE: 00 - 00 - 00 3 REV DATE: 00 - 00 - 00 ACTION ITEM: E July 13, 2020

MEETING ITEM COMMENTARY

AGENDA ITEM: Update to Social Media Policy

COUNCIL RESOURCE: Councilor Lynn Copeland

STAFF RESOURCE: Emily Roy, Communications Director

BACKGROUND: At the City Council Meeting on January 21, 2020, the City Council adopted their Rules and Order of Business which included a communications section. When reviewing the communications section, we discussed amending the Social Media Policy that was adopted in 2017.

This document was reviewed by legal counsel on June 10, 2020.

EXHIBIT: 1. Amended Social Media Policy 2. 2017 Social Media Standard Operating Procedure

SUGGESTED MOTION: “I move to accept the amended Social Media Policy and further update the Employee Handbook to include this version of the policy.”

13 ACTION ITEM: E July 13, 2020 Exhibit Item: 1

CITY OF SACO HUMAN RESOURCES DEPARTMENT Social Media Policy Approved February 8, 2017 Amended July 13, 2020 Review and comment by counsel (June 10, 2020)

Purpose The purpose of this policy is to create a procedure for using social media. This will ensure effectiveness, shared understanding, and consistency of using social media to enhance the operations of the City of Saco (City). The City endorses appropriate and secure use of social media to enhance communication, collaboration, and information exchange; streamline processes; and foster productivity. This policy is intended to provide guidance for all staff and official city representatives on the protocol for official use of social media on behalf of the City and expectations for personal use of social media. This policy also establishes the City’s position on the utility and management of social media and provides guidance on its management, administration, and oversight. This policy is meant to address all forms of social media, which may include various online platforms, applications, or technologies enabling the sharing of user-generated or promoted content. The policy is intended to apply to social media in general, including new and modified forms that may arise as technology develops and new tools emerge.

Background Information Technology’s role in the City’s governance is ever expanding due to new platforms. Social media is a way to promote the City in a positive way. It also allows the City to share information with segments of the population that may not be reached through traditional media sources.

Social media includes all means of communicating or posting information or content of any sort on the Internet. This includes, but is not limited to text, images, and videos. Details can be found in Appendix A.

All communications with the public are considered public record and therefore must be compliant with all federal, state, and local laws.

Roles and Responsibilities The City Administration approves the process. The Communications Department manages the policy, access to social media, archives/records, and social media training for authorized users. All city staff must comply with this policy.

Timeline The policy will be effective 30 days from approval date. Any posts that violate the policy should be removed during this grace period.

14 ACTION ITEM: E July 13, 2020 Exhibit Item: 1 CITY OF SACO HUMAN RESOURCES DEPARTMENT

Using Social Media for Work Purposes Social media is a communication tool that allows the City to promote itself in a positive manner. Information can be distributed to residents quickly. Residents can easily access information about the City from any device connected to the Internet. It is important that the City engages in the social media space effectively.

The Communications Department will maintain the official “City of Saco Government” accounts. The Saco Police Department and Saco Parks and Recreation Department pages are authorized City affiliated pages. All other departments must send content to the Communications Department to be posted to the City of Saco Government pages or receive permission from the Communications Director to host a separate social media page.

The authorized department pages must have two points of contact (one primary and one backup contact). The department head will email the Communications Director the names of the point of contact for the department. The department head must also inform the Communications Director if there are changes to who is in the roles.

The point of contact is the manager of the department’s social media accounts. Only the assigned point of contacts may post content to social media pages. Automated login options should not be used on social media pages, such as Facebook’s “Keep me logged in” feature. This will prevent unauthorized access to City social media pages should a computer or digital device be compromised or stolen.

Content on social media as it relates to City business is considered a public record. Not all residents may be aware of this, therefore, a statement like the following is recommended for the department’s page or where applicable: ‘The City of Saco is a government entity and all content on this page should be presumed to be a public record and may be subject to public disclosure.’

The Communications Department must have access to each of the authorized pages to manage content or record retention. All information and content on a City social media site that is required to be retained under state and local retention policies and guidelines shall be maintained for the required retention period in a format that preserves the metadata of the original record. Prior approval of the retention format and procedures for each City social media tool being used shall be received from the Communication Department.

Posts should not include anything that could be considered: • Potentially libelous • Obscene or explicit • Hateful or malicious

15 ACTION ITEM: E July 13, 2020 Exhibit Item: 1

CITY OF SACO HUMAN RESOURCES DEPARTMENT

• Personal attacking, insulting, or threatening language • Plagiarized material, or material that violates intellectual property rights • Private, personal information, including photos, published without consent • Violation of federal, state, or local laws

This list is not exhaustive. The Communications Director or designee reserves the right to remove any content that is determined to be inappropriate. Content that is removed will be documented and archived.

The City welcomes comments from community members. Social media helps us promote events and clarify information. Each authorized city page must include a term of use statement, such as the ‘City of Saco reserves the right to remove posts that include threatening language and those which violate a copyright, trademark, or Facebook’s Terms of Service’ or “Obscene or foul language, threats against others, bullying, racist, and rude comments will be reviewed for possible removal. Comments should be related to the posts and topics being shared. Attempts to flood the page with posts regarding commercial enterprises or entities are not allowed or acceptable” on the page itself. This notifies residents that City staff will filter out any post with inappropriate content.

Furthermore, comments are subject to public disclosure laws; therefore, they will be screened for: • Potentially libelous comments • Obscene or explicit comments • Hateful or malicious comments • Personal attacks, insults, or threatening language • Plagiarized material, or material that violates intellectual property rights • Private, personal information, including photos, published without consent • Commercial promotions or spam • Comments that are off-topic or that link to material that is off-topic • Comments that embed images from external sources

Social media pages are becoming an increasingly popular avenue for residents to communicate with City staff. Comments should be treated the same as emails to the City, therefore, do require a response. In responding, an employee should direct the person to the proper department or resource. Private messages must be archived but are not the preferred means of communication with a resident.

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CITY OF SACO HUMAN RESOURCES DEPARTMENT

Using Social Media for Personal Purposes An employee may access personal social media accounts at work on personal devices only for limited communications. It cannot interfere with completing their tasks. Break times are considered appropriate times.

If using personal social media accounts during working hours, employees should not be using it for personal profit or business interests. Also, employees should not engage in political activity during working hours.

Employees may not use their City email address to create social media accounts for personal purposes. If an employee identifies himself or herself as working for the City, the employee should make it clear that comments and opinions are personal and individual and not those of the City. Sample statements are ‘tweets are my own’ or ‘While I work for the City, anything I publish is my opinion, not necessarily the opinion of the City.’ Being an employee of the City may mean that communications are a public record unless the employee is clear that the posts are his or her own and not made in the role of a City employee.

City of Saco employees who are not authorized to use the social media tools are not allowed to publish or comment as an official representative of the City via social media. All uses of social media shall follow the same ethical standards that City of Saco employees must otherwise follow.

The City expects its employees to be truthful, courteous, and respectful to each other. Employees must refrain from posting the following kinds of things on personal pages if they could be attributed to the City: • Potentially libelous comments • Obscene or explicit comments • Hateful or malicious comments • Personal attacks, insults, or threatening language • Confidential or proprietary information obtained while at work

Photos or videos of City related business that are confidential by law or otherwise propriety in nature should not be shared on personal pages. Examples are, but not limited to: • Accidents • Crime scenes • Fires • Executive session materials

17 ACTION ITEM: E July 13, 2020 Exhibit Item: 1 CITY OF SACO HUMAN RESOURCES DEPARTMENT

An employee may share a department’s status or re-tweet what a department tweeted. This would be considered approved content.

Inappropriate use of social media is grounds for corrective action, including disciplinary action.

Social Media Archives and Record Retention The Maine Freedom of Access Act governs citizen access to public records in Maine. The Act includes any “written, printed or graphic matter” or “electronic data” in possession of a public agency as a public record. Therefore, social media records in Maine can be considered a public record under the Law.

The City of Saco social media sites are subject to the Maine Freedom of Access Act. Any content maintained in a social media format that is related to City of Saco business, including a list of subscribers, posted communication, and communication submitted for posting may be a public record subject to public disclosure. Even Citizen supplied media content posted to any City social media or site is considered “public” and will likely be subject to full disclosure under Maine’s FOAA law.

Comments on topics or issues not within the jurisdictional purview of the City of Saco may be removed. Any removed comments will be included in the archive.

Elected Officials Use of Social Media City Council Members may choose to post and/or comment on various social media sites using their personal accounts but are strongly encouraged to use pages that are specific to City Council business, rather than personal pages. In these instances, it is recommended that the content and tenor of online comments and information should model the same decorum displayed during City Council meetings. All Council members are required to complete training on ethical standards and conduct for public officials to guide their use of social media.

The following statement must be included on the City Councilor’s social media pages: “Opinions on this account are my own and do not reflect the opinions of the City of Saco.”

Please refer to the Communications section of the Council Rules and Order of Business for procedures and best practices.

Appointed Officials Use of Social Media Commission and/or Board Members may choose to post and/or comment on various social media sites using their personal accounts. In these instances, it is recommended that the content and tenor of online comments and information posts should model the same decorum displayed during Commission, Board, and community meetings. If Boards and Committees would like to share announcements or information on social media, they must send it to the Communications Department for consideration for posting on an official city channel.

18 ACTION ITEM: E July 13, 2020 Exhibit Item: 1

CITY OF SACO HUMAN RESOURCES DEPARTMENT

Appendix A

Definitions Social media: forms of electronic communication (as websites for social networking and micro-blogging) through which users create online communities to share information, ideas, personal messages, and other content, such as videos (source: Merriam-Webster). Examples are, but not limited to, Facebook, Twitter, Instagram, and YouTube.

Disciplinary action: if it has been determined that inappropriate content was posted, the following will take place. The severity and nature of each incident will be considered by the team (Communications, Human Resources, and City Administration) when deciding which type of action will occur. Actions do not need to be imposed in sequence and will depend on the nature of the conduct.

1. Verbal warning 2. Written warning 3. Corrective action and/or demotion 4. Termination

For union employees, please see union contracts. Police Department employees must adhere to the Police Department’s Social Media Standard Operating Procedure.

19 ACTION ITEM: E July 13, 2020 Exhibit Item: 2 Policy ID: IT002

Standard Operating Procedure for Social Media Usage Approved February 8th, 2017 Effective March 10th, 2017

Purpose The purpose of this Standard Operating Procedure (SOP) is to establish a policy and procedure for using social media. This will ensure effectiveness, shared understanding, and consistency of using social media to enhance the City of Saco’s (City’s) operations.

Background Information Technology’s role in a City’s governance is ever expanding due to new platforms. Social media, in particular, is a way to promote the City in a positive way. It also allows the City to share information with segments of the population that they may not be reaching through traditional media sources.

Social media includes all means of communicating or posting information or content of any sort on the Internet. This includes, but not limited to text, images, and videos. Details can be found in Appendix A.

All communications with the public are considered public record and therefore must be compliant with all federal, state, and local laws.

Roles and Responsibilities City Administration – Approves the process and manages the departments’ point of contact list. • City Administrator – Approves all policies; site admin for department. • Executive Assistant or designee – Site admin for department; subject matter expert; manages point of contact list. • All staff within the department – Comply with policies. IT – owns the policy • All staff within the department – Comply with policies. All other departments • Chiefs or Directors – Communicate policy to their staff. Comply with policies. Communicate process with staff. Assign point of contact for social media site management. • Point of contact designee – Manage social media sites for department. • All staff – Comply with policies.

SOP for Social Media Usage Effective March 10th, 2017 Page 1

20 ACTION ITEM: E July 13, 2020 Exhibit Item: 2 Policy ID: IT002 Deliverables Below is a listing of deliverables. • Approved policy for which all employees will comply

Timeline The policy will be effective 30 days from approval date. Any posts that violate the policy should be removed during this grace period.

Using Social Media for Work Purposes Social media is a communication tool that allows for the City to promote itself in a positive manner. Information can be distributed to residents quickly. Residents can easily access information about the City from any device connected to the Internet. It is important that the City engages in the social media space effectively.

City Administration will maintain the official “City of Saco Government” accounts. Each department is allowed to create and maintain their own department’s account.

If the department chooses to engage in the social media space, the department director or chief must assign two points of contact (one primary and one backup contact). The department director will email the City Administration designees who are assuming the roles. The department director must also inform the City Administration designee if there are changes to who is in the roles.

The point of contact is the manager of the department’s social media accounts. Only the assigned point of contacts may post content to social media pages. Please do not use automated login options on social media pages, such as Facebook’s “Keep me logged in” feature. This is to prevent unauthorized access to City social media pages should a computer or digital device be compromised or stolen.

Content on social media as it relates to City business is considered public record. Not all residents may be aware of this, therefore, a statement similar to the following is recommended for the department’s page or where applicable: ‘The City of Saco is a government page and all content is a public record and may be subject to public disclosure.’

Posts should not include anything that could be considered: • Potentially libelous • Obscene or explicit • Hateful or mean-spirited • Personal attacking, insulting, or threatening language • Plagiarized material, or material that violates intellectual property rights • Private, personal information, including photos, published without consent • Violating federal, state, or local laws • Political in nature

SOP for Social Media Usage Effective March 10th, 2017 Page 2

21 ACTION ITEM: E July 13, 2020 Exhibit Item: 2 Policy ID: IT002

This list is not exhaustive. The City Administrator or designee reserves the right to remove any content that is not appropriate.

Inappropriate use of social media is grounds for corrective action, including disciplinary action.

The City would like for residents to engage in a dialogue. Healthy dialogue can further promote events, clarify information, and spur new ideas. However, not all comments may be appropriate; therefore, the recommended setting is that any post or response made by the public be approved by the point of contact designee. The point of contact can also include a term of use statement, such as the ‘City of Saco reserves the right to remove posts that include threatening language and those which violate a copyright, trademark, or Facebook’s Terms of Service.’ on the page itself. This allows for residents to know that City staff will filter out any post with inappropriate content.

Furthermore, comments are subject to public disclosure laws; therefore, they will be screened for: • Potentially libelous comments • Obscene or explicit comments • Hateful or mean-spirited comments • Personal attacks, insults, or threatening language • Plagiarized material, or material that violates intellectual property rights • Private, personal information, including photos, published without consent • Commercial promotions or spam • Comments that are off-topic or that link to material that is off-topic • Comments that embed images from external sources

Social media pages are becoming an increasingly popular avenue for residents to provide feedback and potentially engage with City staff. Comments should be treated the same as emails to the City, therefore, do require a response. An employee should direct the person to the general information email in the response back. If the resident private messages a department, a standard response should be set up to say, ‘Thank you for your message. We will look into this issue and reply back through our email system.’ The employee can also provide the general information email address to the resident. Private messages are not an approved means of communication with a resident.

Employees may not use their City email address to create social media accounts for personal purposes.

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22 ACTION ITEM: E July 13, 2020 Exhibit Item: 2 Policy ID: IT002

If an employee identifies himself or herself as working for the City, consider stating that comments and opinions are not representative of the City. For example, ‘tweets are my own’ or ‘While I work for the City, anything I publish is my personal opinion, not necessarily the opinion of the City.’ Being an employee of the City is public record; therefore, comments can be tied back to employment.

The City expects its employees to be truthful, courteous, and respectful to each other. Please refrain from posting the following kinds of things on personal pages: • Potentially libelous comments • Obscene or explicit comments • Hateful or mean-spirited comments • Personal attacks, insults, or threatening language • Confidential or proprietary information obtained while at work

Photos or videos of City related business, that are confidential or propriety in nature should not be shared on personal pages. Examples are, but not limited to: • Accidents • Crime scenes • Fires • Executive sessions

An employee may share a department’s status or re-tweet what a department tweeted. This would be considered approved content.

Inappropriate use of social media is grounds for corrective action, including disciplinary action. For union employees, please see union contacts.

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23 ACTION ITEM: E July 13, 2020 Exhibit Item: 2 Policy ID: IT002 Appendix A

Disciplinary action: if it has been determined that inappropriate content was posted, the following will take place. The severity and nature of each incident will be considered by the team (Human Resources, City Administration, and IT) when deciding which type of action will occur. An employee’s first offense may result in more than a verbal warning.

1. Verbal warning 2. Written warning 3. Corrective action and/or demotion 4. Termination

For union employees, please see union contracts.

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24 ACTION ITEM: F July 13, 2020 Exhibit Item: 1

MEETING ITEM COMMENTARY

AGENDA ITEM: Amendment to Interest Rate for FY2021 (Correction of State Error)

COUNCIL Councilor Joe Gunn RESOURCE:

STAFF RESOURCE: Glenys Salas, Finance Director

BACKGROUND: The State Treasurer’s office mistakenly posted the maximum allowable interest rate on delinquent property taxes as 9%. The actual allowable rate is 8%. City Council must amend its adopted maximum allowable interest rate to remain within State guidelines

EXHIBITS: Notice of Update from State Treasurer’s Office

Delinquent Tax Rates per Maine State Treasurer

RECOMMENDATION: Staff Recommends Approval

SUGGESTED Be it ordered that the City Council amend the interest rate for delinquent MOTION: FY2021 property taxes to 8.0%

“I move to approve the order”.

25 ACTION ITEM: F July 13, 2020 Exhibit Item: 1

Glenys R. Salas

From: Kate Kern Sent: Friday, June 5, 2020 2:17 PM To: Denise Pendleton; Glenys R. Salas Subject: FW: 2020 Maximum Rate for Delinquent Property Taxes: Important Update

Didn’t know if you received this notice.

Kate

From: Hudson, Laura Sent: Friday, June 5, 2020 2:04 PM To: Hudson, Laura Subject: 2020 Maximum Rate for Delinquent Property Taxes: Important Update

[CAUTION: THIS EMAIL ORIGINATED FROM OUTSIDE THE CITY OF SACO DOMAIN] Each year, the Office of the State Treasurer posts the maximum allowable rate that municipalities may apply to delinquent property taxes, based on 36 M.R.S. §505(4) which requires the use of the Wall Street Journal (WSJ) prime rate. In January 2020 our office mistakenly posted that rate as 9%. The 2020 maximum rate is 8% as posted here.

We apologize for this error and hope that by notifying you as early as possible, you can make necessary adjustments immediately. If your municipality has been affected, please contact me in our office.

Regards,

This message and messages you send to this address may be subject to the Freedom of Access Act.

1 26 ACTION ITEM: F 6/19/2020 Maine Office of the State Treasurer: Revenue Sharing: Delinquent Tax Rates July 13, 2020 Exhibit Item: 2 Maine Office of the Treasurer

Home → Revenue Sharing → Delinquent Tax Rates Delinquent Tax Rates

Municipalities may, by vote, determine the rate of interest that shall apply to taxes that become delinquent during a particular taxable year until those taxes are paid in full. The maximum rate of interest that can be charged per Title 36, M.R.S.A. Section 505.4 is as follows:

Taxable YearMaximum Rate 2020 8.00% 2019 9.00% 2018 8.00% 2017 7.00% 2016 7.00% 2015 7.00% 2014 7.00% 2013 7.00% 2012 7.00% 2011 7.00% 2010 7.00% 2009 7.00% up to 9.00% 2008 11.00% 2007 12.00% 2006 11.00% 2005 7.75% 2004 6.50% 2003 7.00% 2002 6.75% up to 8.75% 2001 11.50% 2000 10.75% 1999 10.00% 1998 10.75% 1997 10.50% 1996 10.75% 1995 10.75% 1994 10.00% 1993 10.00% 1992 10.00% 1991 12.00%

If you have any questions about this information, please feel free to contact my Office.

Credits

27 https://www.maine.gov/treasurer/revenue_sharing/delinquent_tax_rates.html 1/2 ACTION ITEM: G July 13, 2020

MEETING ITEM COMMENTARY

AGENDA ITEM: Proposed Zoning Amendment – Automobile Dealer Use with Performance Standards in the I-2 Zoning District

COUNCIL RESOURCE: Councilor Nathan Johnston, Ward 7

STAFF RESOURCE: Emily Cole-Prescott, AICP, City Planner Jessa Berna, AICP, Economic Development Specialist

BACKGROUND: The Planning Board began review of a proposed zoning amendment to add “automobile dealer” use with performance standards to the I-2 zoning district. Per Section 230-1401, proposed zoning amendments can be initiated by the Planning Board, by public petition, or by the City Council. Subsection B indicates that the City Council shall refer ordinance revisions to the Planning Board. The purpose of this proposed ordinance amendment is to allow site of the previous Public Works facility to be redeveloped by the potential purchaser, who has been selected by City Council by 6-1 vote. To ensure timelines are met, the Planning Board has scheduled its public hearing about this proposed amendment on July 21, 2020 at 6:00 PM. The Planning Board initiated its review of the ordinance amendment which Staff proposed, provided some feedback, and indicated to Staff that it may have revisions on the proposed ordinance language, once the public hearing process commences.

EXHIBITS: 1. Proposed Zoning Ordinance Amendment Language (updated by Staff from Planning Board’s input) 2. Planning Board Public Hearing Notice – July 21st Meeting 3. Section 230-1401 of the City’s ordinances RECOMMENDATION: City Staff recommends that City Council formally refer the proposed zoning amendment to the Planning Board, for its report.

SUGGESTED MOTION: “I move to refer the proposed zoning amendment to the Planning Board, per section 230-1401 of the City’s ordinances.”

28 ACTION ITEM: G July 13, 2020 Exhibit Item: 1

§ 230-410.20. I-2 Industrial Business District [Note: includes I-2b District at former Maine Turnpike Exit 5]. [Amended 10-2-1986; 8-1-1988; 9-19-1988; 4-1-1991; 6-4-1991; 3-2-1992; 3-16-1992; 7-6-1993; 2-28-1994; 2-19-2002; 12-15-2008; 7-19-2010; 12-6-2010; 5-21-2012] A. Permitted uses: (1) Hotels and motels. (2) Retail uses (I-2b only). (3) Accessory uses, including eating establishments associated with hotels and motels. (4) Teen center. (5) Financial institutions. (6) Business offices. (7) Business services. (8) Hospitals and clinics for humans. (9) Research and testing labs. (10) Light industry. (11) Any use permitted in the Resource Protection District. (12) Essential services. (13) Municipal uses. (14) Recycling center. (15) Nursery school. (16) Adult day-care center, Type 1 and 2. (17) Municipal animal incinerator. (18) Enclosed sports arena. (19) High-voltage transmission lines. (20) Commercial school. (21) Elder/disability housing facility - limited service. (22) Elder/disability care facility - full service.

29 ACTION ITEM: G July 13, 2020 Exhibit Item: 1 § 230-410.20 § 230-410.20

(23) Elder/disability housing facility (in conjunction with Use 21 or 22).

(24) Places of worship. [Amended 7-16-2012] (25) Medical marijuana caregivers, growing. [Amended 9-19-2016] (26) Medical marijuana caregivers, growing facility. [Amended 9-19-2016] (27) Food processing facilities. [Added 3-12-20181] (28) Automobile Dealer, in compliance with section 230-735

1. Editor's Note: This amendment provided an effective date of 4-12-2018. :2

30 ACTION ITEM: G July 13, 2020 Exhibit Item: 1

Section 230-735. Automobile Dealer in I-2 Zoning District.

The automobile dealer use in the I-2 zoning district shall be in support of industrial vehicular and equipment needs, and an automobile dealer use in that district shall comply with the following standards:

A. Total land area for the lot on which an automobile dealer use may be sited is ten (10) acres or greater.

B. An automobile dealer use must be primarily for sale but may include repair and maintenance of trucks and of associated equipment.

C. Automobile dealers in the I-2 zoning district are limited to automobiles that are larger than 10,000 pounds gross vehicle weight rating.

31 PUBLIC NOTICE PUBLIC HEARING CITY OF SACO PLANNING BOARD Notice is hereby given that the Planning Board of the City of Saco, Maine will be holding a public hearing on July 21, 2020 at 6:00 PM. The public hearing will be regarding a proposed zoning amendment to add automobile dealer use with performance standards as a permitted use in the I-2 zoning district. A copy of the map for the I-2 district is below. This public hearing will be held remotely, via Zoom. Interested persons may join the public hearing and will have the opportunity to speak on this proposal, if desired. Written communication may also be submitted by email to eprescott@ sacomaine.org or by regular mail, to the Planning & Economic Development Department, City of Saco, 300 Main Street, Saco, ME 04072. Details to access this public hearing via Zoom: 1. Access zoom. us from your browser; 2. Select “Join A Meeting”; 3. Enter the meeting ID: 823 9401 3037; 4. Select “Join” / How to Access Remotely via Phone: 1. Dial: 1-646-558-8656; 2. Enter the meeting ID: 823 9401 3037; 3. Follow the prompts to join/participate in the meeting. Questions? Contact Planning & Eco- nomic Development Department at #207-282-3487.

32 ACTION ITEM: G July 13, 2020 Exhibit Item: 3

§ 230-1401. General procedure. A. On petition, or on the recommendation of the Planning Board, or on its own motion, the City Council may amend, supplement, or repeal the regulations and provisions of this chapter. B. The City Council shall refer all proposed amendments to the Planning Board for a report thereon. The Planning Board shall hold a public hearing for consideration of the proposed amendment at least 10 days before the report is submitted to the City Council. Notice of the hearing before the Planning Board shall be made public in at least one newspaper of general circulation in the area at least seven days before such hearing. This published notice shall include a small map of the area to be affected.

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Mayor William Saco City Hall 300 Main Street [email protected] Saco, Maine 04072-1538 facebook.com/sacomaine Phone: (207) 282-4191 Twitter.com/sacomaine Cell: (207) 590-8931 Instagram.com/saco.maine

MEMORANDUM

TO: City Council FROM: Mayor Doyle DATE: July 13, 2020 RE: Intercultural Competency and Awareness

As mentioned in my earlier statement, it is time to address Intercultural Competency and Awareness in our Community.

Attached is a sample proclamation in support of inclusion, social justice and non-discrimination, borrowed from the Town of South Berwick. It is important for Saco to proclaim a similar message to make it clear that we are a welcoming and inclusive community.

The goal is to discuss, prepare and review a proclamation to be ready to read at the next City Council meeting on Monday, July 20th.

The formation of a new ad-hoc committee, which will be named, Intercultural Competency and Awareness Committee, will bring members of the community together to address racial inequality and other bias issues that need attention. The formation of this committee is scheduled to be an Action Item for the July 20th Council meeting. I urge the Council to discuss the formation of this committee and any thoughts that they have regarding these issues.

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35 NEW BUSINESS ITEM: B July 13, 2020 Code Enforcement Dept. & Richard Lambert, CBO Code Enforcement Director Planning and Economic Dev. Dept. [email protected] Saco City Hall 300 Main Street Emily Cole-Prescott, AICP Saco, Maine 04072-1538 City Planner [email protected]

To: City Council Bryan Kaenrath, City Administrator

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

Cc: Denise Clavette, Planning & Economic Development Director

Re: Unaccepted Portion of Berry Road

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

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

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

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

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

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

36 NEW BUSINESS ITEM: B July 13, 2020

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

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

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

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

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

For reference: 1. Letter from Linda Valentino 2. 2017 Correspondence from former City Planner Bob Hamblen to residents, draft agreement and map of Berry Road 3. Link to 2016 Council materials of Berry Road: a. November 14, 2016 Council Packet (page 19) b. September 12, 2016 Council Packet (page 68) c. August 1, 2016 Council Packet (page 2) d. July 18, 2016 Council Packet on status of unaccepted portion of Berry Road (page 37)

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

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