City of Saco, Maine

CITY OF SACO, MAINE

Administration Kevin L. Sutherland, City Administrator Saco City Hall Telephone: (207) 282-4191 300 Main Street Email: [email protected] Saco, Maine 04072-1538 Facebook: /sacomaine Twitter: @sacomaine

SACO CITY COUNCIL WORKSHOP MONDAY, OCTOBER 24, 2016 – 6:00 PM CITY HALL AUDITORIUM

I. CALL TO ORDER II. PUBLIC COMMENT III. AGENDA A. School Revolving Renovation Fund Loan Forgiveness Grant Financing P2 B. Contract Zone Amendment: 95 King St., the Former WinterHaven P57 Assisted Living Facility IV. COUNCIL DISCUSSION AND COMMENT V. ADJOURNMENT

SACO CITY COUNCIL MEETING MONDAY, OCTOBER 24, 2016 – 6:30 PM CITY HALL AUDITORIUM

I. CALL TO ORDER II. RECOGNITION OF MEMBERS PRESENT III. PLEDGE OF ALLEGIANCE IV. GENERAL V. PUBLIC COMMENT VI. CONSENT AGENDA VII. AGENDA A. (Second and Final) Proposed Zoning Ordinance Amendments pertaining to P69 Shoreland Zoning, including Section 504. Nonconforming Structures; Section 7-1. Natural Resource Districts/Shoreland Performance Standards B. (First Reading) School Revolving Renovation Fund Loan Forgiveness P99 Grant Financing C. Authorize the Creation of an Ad Hoc Comprehensive Plan Update Committee P100 and Confirm the Mayor’s Appointments VIII. COUNCIL DISCUSSION AND COMMENT IX. ADJOURNMENT WORKSHOP ITEM: A AGENDA ITEM: B Date: October 24, 2016

MEETING ITEM COMMENTARY

AGENDA ITEM: School Revolving Renovation Fund Loan Forgiveness Grant Financing

STAFF RESOURCE: Kevin L. Sutherland, City Administrator

COUNCIL RESOURCE: Councilor William Doyle

BACKGROUND: On January 29, 2016, Saco Public Schools obtained approval from the Maine Department of Education for a School Revolving Renovation Fund project for health, safety and compliance repairs to the Saco Middle School. That approval offered the City a 0% interest, 5-year loan in the principal amount of up to $20,294 to finance the project, but of which $8,572 of principal has been forgiven (the “Grant Financing”).

To obtain the Grant Financing, the City must enter into a loan agreement with the Bond Bank for the unforgiven $11,722 portion of the loan and must evidence that borrowed principal with general obligation securities (bonds). However, because Saco Public Schools has already prepaid the $11,722 portion of the loan, the Bond Bank agrees that the bonds are paid and satisfied, and will so indicate on the bonds.

Please refer to the attached exhibits, including the order to authorize the School Revolving Renovation Fund loan forgiveness grant financing, for further details.

EXHIBITS: 1. School Revolving Renovation Fund Program Documents 2. School Revolving Renovation Fund Agreement 3. Approval from Maine Municipal Bond Bank

RECOMMENDATION: City staff recommends that the City Council adopt the order authorizing the School Revolving Renovation Fund loan forgiveness grant financing as drafted by Drummond Woodsum.

SUGGESTED MOTION: “The City of Saco hereby approves the First Reading of the document titled, ‘Order to authorize School Revolving Renovation Fund loan forgiveness grant financing for health, safety and compliance repairs to Saco Middle School’ dated October 24, 2016’ and further moves to schedule a Public Hearing and final vote for November 7, 2016.”

2 Exhibit Item: 1

Agnieszka A. Pinette [email protected]

84 Marginal Way, Suite 600 Portland, ME 04101-2480 207.772.1941 Main 207.772.3627 Fax

October 14, 2016

BY FEDEX OVERNIGHT DELIVERY

Tim Murphy, Esq. Prescott Jamieson Murphy Law Group, LLC 37 Beach Street Saco, ME 04072

RE: City of Saco School Revolving Renovation Fund Program Documents

Dear Tim:

As we discussed, I have prepared the documents for the above-referenced matter. The following is a list of documents enclosed with this letter and the steps to take with respect to each:

DOCUMENT DESCRIPTION STEPS TO TAKE

1. Due Diligence Questionnaire Please forward this questionnaire to the City Treasurer and ask her to complete it and e-mail it back to me.

2. Order to be adopted by the The City Council should adopt this Order at its November 7, City Council 2016 meeting. The Clerk should include this Order as written in the minutes of that meeting.

3. Certificate of Clerk The City Clerk should sign and affix the Governmental Unit seal, and attach the signed and attested Order adopted by the City Council on November 7, 2016.

4. Loan Agreement (2 copies) The Mayor and the Treasurer should sign both copies. The City Clerk should attest and affix the Governmental Unit seal.

5. Assignment (2 copies) The Treasurer should sign both copies before a witness and a notary public (the notary may also serve as the witness). The witness should sign to the left of the Treasurer’s signature. The notary should date and sign the notarization. The Clerk should affix the City seal.

6. No Litigation Certificate The Mayor should sign and the City Clerk should affix the City seal.

7. Signature and Award The Treasurer and Mayor should both sign and the Clerk should Certificate affix the City seal.

800.727.1941 | dwmlaw.com 3 Exhibit Item: 1 October 14, 2016 Page 2

8. Incumbency Certificate The Mayor, Treasurer, and Clerk should each sign and the Clerk should sign again and affix the Governmental Unit seal. The Mayor should then countersign. The Clerk should review and complete Exhibit A.

9. Treasurer’s Certificate as to The Treasurer should sign and the Clerk should affix the Indebtedness Governmental Unit seal. The Treasurer should review and complete Exhibit A.

10. School Revolving Renovation The Treasure and Mayor should each sign, and the Clerk should Fund (SRRF) Bond attest and affix the City seal. The Treasurer should sign again on the last page of the Bond, entitled “Certificate of Registration of Transfer” in the column marked “Signature of the Treasurer.”

After the documents are signed and sealed, please scan them and email me a PDF. Then return the executed originals by overnight mail. I will then review the documents, and forward copies of the same to the Bond Bank with our legal opinion for a Mid-November closing date.

If you have any questions regarding the enclosed materials, please give me a call.

Very truly yours, /s/ Aga Pinette Agnieszka A. Pinette

Enclosures

4 Exhibit Item: 1

CITY OF SACO 2016 SCHOOL REVOLVING RENOVATION FUND DUE DILIGENCE QUESTIONNAIRE

Please update, review and correct this information, as needed, and return as soon as possible to:

Agnieszka A. Pinette E-mail: [email protected]

Drummond Woodsum & MacMahon 84 Marginal Way, Suite 600 Portland, Maine 04101 207-772-1941  Fax # 207-772-1627

1. Name of Treasurer: Cheryl Fournier

2. Name of Mayor: Roland Michaud

3. Name of Secretary: Michele L. Hughes

4. Members of City Council:

Council Member Ward Term Expires

David Precourt Ward 1

Roger Gay Ward 2

William Doyle Ward 3

Kevin Roche Ward 4

Alan Minthorn Ward 5

Eric Cote Ward 6

Nathan Johnson Ward 7

5. Date of scheduled City Council meeting at which Bond and Loan Agreement will be authorized: November 7, 2016

6. Closing Date: November 14, 2016

5 Exhibit Item: 1 City of Saco 2016 SRRF Due Diligence Questionnaire Page 2

7. Please list all City and School debt which will be outstanding as of the Closing Date:

DATE OF PURPOSE OF PRINCIPAL AMOUNT BORROWING BORROWING OUTSTANDING

Total Debt that will be outstanding as of the Closing Date: $

8. Most recent state valuation of the City: $2,122,650,000

9. Year of most recent valuations: 2016

6 Exhibit Item: 1

October 24, 2016

Motion: I move that the Order entitled, “Order to Authorize School Revolving Renovation Fund Loan Forgiveness Grant Financing for Health, Safety and Compliance Repairs to Saco Middle School,” be approved in form presented to this meeting and that an attested copy of said Order be filed with the minutes of this meeting.

ORDER TO AUTHORIZE SCHOOL REVOLVING RENOVATION FUND LOAN FORGIVENESS GRANT FINANCING FOR HEALTH, SAFETY AND COMPLIANCE REPAIRS TO SACO MIDDLE SCHOOL

BE IT ORDERED by the City Council as follows: 1. That, under and pursuant to a Maine Department of Education School Revolving Renovation Fund Project Eligibility Certificate dated January 29, 2016, issued to assist the City of Saco (the “Governmental Unit”) in the financing of health, safety and compliance repairs to Saco Middle School (the “Project”), and all other applicable law, the Mayor and the Treasurer of the Governmental Unit be authorized in the name and on behalf of the Governmental Unit to execute and deliver a Loan Agreement between the Maine Municipal Bond Bank (the “Bond Bank”) and the Governmental Unit to effect a loan from the Bond Bank to finance the Project in the principal amount of up to $20,294.00, but of which amount $8,572.00 of principal is forgiven by the Bond Bank (the “Loan Agreement”); and that the Loan Agreement be substantially in the form presented at this meeting, with such changes therein not contrary to the general tenor thereof as the Mayor and the Treasurer may approve, the execution and delivery thereof to be conclusive evidence of such approval; provided, however, that the Loan Agreement shall provide that, if the Governmental Unit has prepaid all of the borrowed principal which has not been forgiven and which has been evidenced by bonds, the Bond Bank agrees that the bonds are paid and satisfied.

2. That under and pursuant to sections 5953-E and 6006(F) of the Maine Municipal Bond Bank Act and all other applicable law, the Mayor and the Treasurer be authorized to borrow in the name and on behalf of the Governmental Unit the sum of up to $11,722.00 from the Bond Bank to finance the Project; that in connection therewith, the Mayor and the Treasurer be authorized to issue general obligation securities (bonds or notes) of the Governmental Unit in an original principal amount of up to $11,722.00, payable WITH NO INTEREST in five equal annual installments of principal, and to execute and deliver such general obligation bonds or notes (as so executed and delivered, the "Bond") in registered form under the seal of the Governmental Unit and attested by the City Clerk of the Governmental Unit; and that the Bond be in substantially the form presented to this meeting, with such changes therein not contrary to the general tenor thereof as the Mayor and the Treasurer may approve, the execution and delivery thereof to be conclusive evidence of such approval; provided, however, that the Treasurer shall have prepaid the Bond on or before delivery thereof, and that such payment and satisfaction shall be indicated on the Bond by the Bond Bank.

7 Exhibit Item: 1

3. That the Mayor, Treasurer, City Clerk, and other proper officials of the Governmental Unit, acting singly, be authorized in the name and on behalf of the Governmental Unit to execute and deliver an Assignment of monies transferred by the State of Maine to pay for Project costs and such other instruments, documents, certificates and agreements, and to take or cause to be taken such further actions for and on behalf of the Governmental Unit, as may be necessary, convenient or appropriate to effect the transactions contemplated by this Order and the documents referenced therein, and that the City Clerk be authorized to attest to the foregoing and attach the City’s seal to any of the foregoing.

4. That the City Clerk file an attested copy of this Order with the minutes of this meeting.

Dated: November 7, 2016

Being a majority of the members of the City Council

A true copy, attest: ______Michele L. Hughes, City Clerk

(Note: Include an attested copy of this Order with the meeting minutes.)

8 Exhibit Item: 1

CITY OF SACO CERTIFICATE OF CLERK

I, Michele L. Hughes, Clerk of the City of Saco (the "Governmental Unit"), in connection with the issuance and sale of a 2016 School Revolving Renovation Fund (SRRF) Bond of near or even date, hereby certify that the City Council of the Governmental Unit, at a meeting duly called and held on November 7, 2016, duly adopted the vote attached hereto as Exhibit A. This vote has not been modified in any respect since the date of adoption and remains in full force and effect on the date hereof.

Dated: November 14, 2016

Michele L. Hughes, Clerk City of Saco

Exhibit A: Vote to Authorize SRRF Financing (dated November 7, 2016)

19 9 Exhibit Item: 1

ASSIGNMENT

KNOW ALL MEN BY THESE PRESENTS

THAT the City of Saco, a municipal or quasi-municipal corporation organized and existing under the laws of the State of Maine, having its principal place of business in Saco, Maine, in the County of York, State of Maine, by its duly authorized representative, for one dollar and other valuable consideration, including the purchase by the Maine Municipal Bond Bank of the bonds of the Governmental Unit in the amount of $11,722.00, does hereby sell, assign, transfer and convey to Bangor Savings Bank, as Custodian for the Maine Municipal Bond Bank, its successors and assigns, all its right, title and interest in any monies transferred to it by the State of Maine or any of its subdivisions or departments, including its Department of Education, to finance a school revolving renovation fund project which financing is evidenced by a Loan Agreement of near or even date between the Governmental Unit and the Maine Municipal Bond Bank.

IN WITNESS WHEREOF, it, the said City of Saco, by its duly authorized representative, has caused this instrument to be signed and its corporate seal affixed this November 14, 2016.

(SEAL)

Signed, Sealed and Delivered CITY OF SACO in Presence of

By: Cheryl Fournier Its: Treasurer

State of Maine York County, ss. Dated:______

Personally appeared the above named Cheryl Fournier, Treasurer of the City of Saco, and acknowledged the foregoing instrument to be the free act and deed of said City and his/her free act and deed in his/her said capacity.

Before me,

______Notary Public

______Type or Print Name

10 Exhibit Item: 1

CITY OF SACO NO LITIGATION CERTIFICATE

The undersigned, being the Mayor of the City of Saco (the “Governmental Unit”), in connection with the issuance and sale of a 2016 School Revolving Renovation Fund (SRRF) Bond of near or even date (the “Bond”), hereby certifies that, except as specifically mentioned in the bond opinion of even date of Drummond Woodsum & MacMahon, bond counsel for the Governmental Unit, and as set forth in Exhibit A below, there is neither any litigation nor any proceeding of any nature now pending or, to the knowledge of the undersigned, threatened, that would (i) restrain or enjoin the issuance, sale, execution or delivery of the Bond; (ii) in any way contest the validity of the Bond or the issuance thereof; or (iii) in any way contest or challenge the existence or powers of the Governmental Unit or the officers thereof.

Dated: November 14, 2016

Roland Michaud, Mayor City of Saco (SEAL)

EXHIBIT A

None.

11 Exhibit Item: 1

CITY OF SACO SIGNATURE AND AWARD CERTIFICATE

We, the undersigned Treasurer and Mayor, respectively, of the City of Saco (the “Governmental Unit”), in connection with the issuance and sale of a 2016 School Revolving Renovation Fund (SRRF) Bond of near or even date (the “Bond”), affix hereto our signatures to identify the signatures which we have affixed to the Bond, and do hereby certify that as such officers we have signed the Bond, which Bond is being issued by the Governmental Unit pursuant to sections 5953-E and 6006(F) of Title 30-A.

We further certify that the Bond is being issued pursuant to and in accordance with an Order of the City Council of the Governmental Unit duly passed on November 7, 2016; that no other bonds or notes are now outstanding or have been issued under said Order; that the Bond has been sold to the Maine Municipal Bond Bank at par; that no petition or other proceeding seeking a referendum or review of said Order has been filed or initiated; that no order or proceeding essential to the issue or sale of the Bond has been repealed or amended; that no proceedings relating thereto have been taken other than those of which certified copies have been delivered to Drummond Woodsum & MacMahon; that no litigation is threatened or pending affecting the validity of the Bond; and that neither the corporate existence nor boundaries of the Governmental Unit nor the title of any of the officers thereof to their offices is being contested.

WITNESS our hands and the seal of City of Saco this November 14, 2016.

Cheryl Fournier, Treasurer City of Saco

Roland Michaud, Mayor City of Saco (SEAL)

12 Exhibit Item: 1

CITY OF SACO INCUMBENCY CERTIFICATE

I, the undersigned, being the Clerk of the City of Saco (the “Governmental Unit”), in connection with the issuance and sale of a 2016 School Revolving Renovation Fund (SRRF) Bond of near or even date, hereby certify that the persons named in Exhibit A are legal residents of the Governmental Unit and are duly elected or appointed members of the City Council of the Governmental Unit, holding the office for terms expiring in the year set forth below opposite their respective names.

I do further certify that Roland Michaud is the Mayor of the Governmental Unit and Cheryl Fournier is the Treasurer of the Governmental Unit.

I do further certify that no other member of the City Council holds any other office in, or employment by, the Governmental Unit.

I do further certify that the following are the duly elected, qualified and acting officers of the Governmental Unit holding the offices set forth below their respective names and that the signatures set above their respective names are their true signatures:

Roland Michaud, Mayor

Cheryl Fournier, Treasurer

Michele L. Hughes, Clerk

WITNESS, my hand and the seal of the City of Saco this November 14, 2016.

Michele L. Hughes, Clerk City of Saco (SEAL)

The undersigned Mayor of City of Saco hereby certifies that Michele L. Hughes is the duly serving Clerk of the Governmental Unit.

Roland Michaud, Mayor City of Saco

13 Exhibit Item: 1

CITY OF SACO INCUMBENCY CERTIFICATE

EXHIBIT A

CITY COUNCIL MEMBER WARD REPRESENTED TERM EXPIRES David Precourt Ward 1 Roger Gay Ward 2 William Doyle Ward 3 Kevin Roche Ward 4 Alan Minthorn Ward 5 Eric Cote Ward 6 Nathan Johnson Ward 7

14 Exhibit Item: 1

CITY OF SACO TREASURER’S CERTIFICATE AS TO INDEBTEDNESS

The undersigned, being the Treasurer of the City of Saco (the “Governmental Unit”), in connection with the issuance and sale of a 2016 School Revolving Renovation Fund (SRRF) Bond of near or even date (the “Bond”), hereby certifies that the following is a true and complete statement of all debt of the Governmental Unit as of November 14, 2016, excluding interest accrued to that date, and the same has not since been increased save by the accrual of interest:

1. The last full state valuation of the Governmental Unit as certified to the Secretary of State was the 2016 State Valuation, which valuation was $2,122,650,000 (hereinafter, the “Last Full State Valuation”). 2. The summary attached hereto as Exhibit A is a true and accurate summary of the Governmental Unit’s outstanding principal indebtedness as of November 14, 2016, including the Bond. The Governmental Unit has no other indebtedness that is authorized but not yet issued. 3. The amount of the Governmental Unit’s total debt outstanding, including the Bond, does not exceed 15% of its Last Full State Valuation.

4. The amount of the Governmental Unit’s total debt outstanding, including the Bond but excluding debt incurred for school purposes, for storm or sanitary sewer purposes, for energy facility purposes or for municipal airport purposes, does not exceed 7.5% of its Last Full State Valuation.

5. The amount of the Governmental Unit’s total debt outstanding incurred for school purposes does not exceed 10% of its Last Full State Valuation.

6. The amount of the Governmental Unit’s total debt outstanding incurred for storm or sanitary sewer purposes does not exceed 7.5% of its Last Full State Valuation.

7. The amount of the Governmental Unit’s total debt outstanding incurred for municipal airport and special district purposes does not exceed 3% of its Last Full State Valuation.

8. For purposes of this certificate, the limitations on municipal debt set forth above shall not be construed as applying to any funds received in trust by the Governmental Unit, any loan which has been funded or refunded, notes issued in anticipation of federal or state aid or revenue sharing money, tax anticipation loans, notes maturing in the current municipal year, indebtedness of entities other than the Governmental Unit, indebtedness of the Governmental Unit to the Maine School Building Authority, debt issued under Title 30-A, chapter 213 and Title 10, chapter 110, subchapter IV, obligations payable from revenue of the current municipal year or from other revenues previously appropriated by or committed to the Governmental Unit, and as defined below, the state reimbursable portion of school debt. For purposes of this certificate, the limitations on municipal debt set forth above do not apply to obligations incurred pursuant to Title 38, section 1304-B, with respect to solid waste facilities, which obligations are regulated in the manner set forth in Title 38, section 1304-B.

15 Exhibit Item: 1

9. For purposes of this certificate, the state reimbursable portion of school debt shall be the sum of the amounts determined by multiplying: The outstanding amount of each issue of debt incurred for school purposes by the municipality in connection with a project which qualifies for state school construction subsidy under Title 20-A; and the state share percentage of operating costs for that municipality as defined in Title 20-A, section 15609, subsection 1, paragraph A, subparagraph (1), for the year in which the project received concept approval from the State Board of Education.

10. The Governmental Unit has not adopted any lower percentage or amount as a limitation on its debt, or any other restriction on limitation on its debt, pursuant to 30-A M.R.S. § 5702 or other applicable authority.

Dated: November 14, 2016

Cheryl Fournier, Treasurer City of Saco

Attachments:

Exhibit A: Bond and Note Indebtedness as of November 14, 2016

16 Exhibit Item: 1

CITY OF SACO TREASURER’S CERTIFICATE AS TO INDEBTEDNESS

EXHIBIT A

BOND AND NOTE INDEBTEDNESS AS OF NOVEMBER 14, 2016 PRINCIPAL AMOUNT DATE OF ISSUE PURPOSE OUTSTANDING

TOTAL DEBT OF THE ISSUER: $ ______

Maximum Legal Debt: $212,265,000 (10% of State Valuation).

17 Exhibit Item: 1

THIS BOND DOES NOT CONSTITUTE A DEBT OR LIABILITY OF THE STATE OF MAINE OR A PLEDGE OF THE FAITH AND CREDIT OF THE STATE OF MAINE, BUT IS PAYABLE SOLELY FROM THE FUNDS OF CITY OF SACO.

UNITED STATES OF AMERICA STATE OF MAINE (CITY OF SACO)

2016 SCHOOL REVOLVING RENOVATION FUND (SRRF) BOND R-1

November 14, 2016 Saco, Maine

The City of Saco (hereinafter called the “Governmental Unit”) a municipal or quasi- municipal corporation organized under the laws of the State of Maine, for value received, hereby promises to pay to the Maine Municipal Bond Bank, Augusta, Maine, or registered assigns, the principal sum of Eleven Thousand Seven Hundred Twenty-Two dollars ($11,722.00), payable WITHOUT INTEREST in five equal annual installments of $2,344.40 each, commencing November 1, 2017 and on the first day of November of each subsequent year thereafter, to and including November 14, 2021, when the entire remaining unpaid balance hereof shall be due in full.

Principal on this Bond is payable at the Maine Municipal Bond Bank, 127 Community Drive, Augusta, Maine. Final payment of the principal of this Bond shall be made upon presentation and surrender of this Bond for cancellation at the bank or trust company to which the Maine Municipal Bond Bank has directed the Governmental Unit to make payments on this Bond. Principal on this Bond is payable in any coin or currency of the United States of America which, on the respective dates of payment thereof, shall be legal tender for the payment of public and private debts.

This Bond is a valid obligation of the Governmental Unit issued by the Governmental Unit under and by virtue of sections 6006-F and 5953-E of Title 30-A, and Orders of the Governmental Unit duly adopted authorizing such issue and the amount thereof, and all other authority thereto enabling, for the purpose of financing health, safety, and compliance repairs to the Saco Middle School.

This Bond is one of the Bonds referred to in, and is subject to the terms of, a certain Loan Agreement by and between the Maine Municipal Bond Bank and the Governmental Unit of even date (the “Loan Agreement”), a copy of which is on file with the Governmental Unit.

18 Exhibit Item: 1

This Bond may be redeemed in whole or in part, or prepaid prior to maturity, only with the prior written consent of Maine Municipal Bond Bank and in accordance with the redemption provisions contained in the Loan Agreement.

This Bond is transferable only upon presentation to the Treasurer of the Governmental Unit with a written assignment duly acknowledged or proved. No transfer hereof shall be valid unless made on the books of the Governmental Unit kept by the Treasurer as transfer agent and noted hereon by the Treasurer with a record of payments as provided hereon. Principal shall be paid only to the registered owner hereof as shown on said books on the date of payment or to the fiscal agent from time to time designated by such owner. The Governmental Unit may deem and treat the person in whose name this Bond is registered as the absolute owner of this Bond for the purposes of making and receiving payments of principal and of transferring this Bond and for all other purposes.

IT IS HEREBY CERTIFIED AND RECITED AND DECLARED that all acts and conditions required to be done precedent to and in the issuing of this Bond have been done, have happened, and have been performed in regular and due form, and that this Bond is within every debt and other limit prescribed by the Constitution and laws of the State of Maine.

[SIGNATURE PAGE FOLLOWS]

19 Exhibit Item: 1

IN WITNESS WHEREOF, the Governmental Unit has caused this bond to be executed in its name by its Treasurer and countersigned by its Mayor of the City of Saco, and the seal of the Governmental Unit to be affixed hereto as of November 14, 2016.

CITY OF SACO

By: Cheryl Fournier, Treasurer City of Saco

Countersigned:

By: Roland Michaud, Mayor City of Saco

ATTEST:

Michele L. Hughes, Clerk City of Saco

(SEAL)

20 Exhibit Item: 1

CERTIFICATE OF REGISTRATION OF TRANSFER

Registered Bond No. R-l of the City of Saco (the “Governmental Unit”) in the original principal amount of $11,722.00 is registered in the name of the transferee noted hereon on the books of the Governmental Unit kept by the Treasurer as transfer agent.

Aggregate Name of Date of Interest Principal Balance of Registered Registration Paid to Signature of Treasurer Paid to Principal Holder of Transfer Holder Holder

Maine November 1 , ______Municipal 4 None None ALL 2016 Cheryl Fournier, Treasurer Bond Bank

21 Exhibit Item: 2

SCHOOL REVOLVING RENOVATION FUND

______

MAINE MUNICIPAL BOND BANK

and

CITY OF SACO

LOAN AGREEMENT

______

Dated as of

______

22 Exhibit Item: 2

TABLE OF CONTENTS

Page

ARTICLE I

DEFINITIONS; RULES OF CONSTRUCTION

Section 1.1. Definitions...... 3 Section 1.2. Rules of Construction ...... 5

ARTICLE II

REPRESENTATIONS

Section 2.1. Representations of the Bank ...... 6 Section 2.2. Representations of the Municipality or the School Administrative Unit ...... 7

ARTICLE III

LOAN PROVISIONS

Section 3.1. Loan Clauses ...... 10 Section 3.2. Other Amounts Payable ...... 10 Section 3.3. Deposit of Loan Proceeds ...... 10 Section 3.4. Disbursement of Loan Proceeds ...... 11 Section 3.5. Remedies ...... 11 Section 3.6. Effective Date and Term ...... 11

i 23 Exhibit Item: 2

Page

ARTICLE IV

THE PROJECT

Section 4.1. Completion of the Project ...... 12 Section 4.2. Payment of Additional Project Costs ...... 12 Section 4.3. Completion Certificate ...... 12 Section 4.4. No Warranty Regarding Condition, Suitability or Cost of Project...... 12 Section 4.5. Insurance ...... 13

ARTICLE V

COVENANTS

Section 5.1. Application of Loan Proceeds ...... 14 Section 5.2. Construction of the Project ...... 14 Section 5.3. Completion of the Project ...... 14 Section 5.4. Operation and Maintenance ...... 14 Section 5.5. Compliance With Law ...... 14 Section 5.6. Public Ownership ...... 14 Section 5.7. Establishment of Project Accounts; Audits ...... 15 Section 5.8. Records ...... 15 Section 5.9. Project Access ...... 15 Section 5.10. Engineering Inspection ...... 15 Section 5.11. Intentionally Omitted ...... 15 Section 5.12. User Fee Covenant ...... 15 Section 5.13. Notice of Impaired System ...... 16

ii 24 Exhibit Item: 2

Page

ARTICLE VI

MISCELLANEOUS

Section 6.1. Notices ...... 16 Section 6.2. Binding Effect ...... 17 Section 6.3. Severability ...... 17 Section 6.4. Amendments, Supplements and Modifications ...... 17 Section 6.5. Execution in Counterparts...... 17 Section 6.6. Applicable Law ...... 17 Section 6.7. Captions ...... 17 Section 6.8. Waiver ...... 17 Section 6.9. Further Assurances...... 17 Section 6.10. Modifications ...... 17 Section 6.11. Survival ...... 18 Section 6.12. Covenant Against Discrimination ...... 18 Section 6.13. Provision Where Municipality or the School Administrative Unit has Prepaid Local (Unforgiven) Portion of Loan ...... 18

iii 25 Exhibit Item: 2

W I T N E S S E T H:

This LOAN AGREEMENT, dated as of______, between the Maine Municipal Bond Bank, a public body corporate and politic constituted as an instrumentality of the State of Maine exercising public and essential governmental functions (hereinafter referred to as the "Bank") created pursuant to the provisions of Chapter 225 of Title 30-A of the Maine Revised Statutes Annotated, as amended (hereinafter referred to as the "Act"), having its principal place of business in Augusta, Maine, and City of Saco, a body corporate and politic constituting a "Municipality" within the meaning of paragraph A of subsection 7-A of Section 5903 of the Act, duly organized and existing under the laws of the State of Maine (the "Municipality or the School Administrative Unit").

WHEREAS, the Bank is constituted as a public body corporate and politic and an instrumentality of the State of Maine, with full and lawful power and authority to enter into this Loan Agreement; and

WHEREAS, the State of Maine has, pursuant to §6006-F of the Act, as amended (the "Act"), established in the custody of the Bank a School Revolving Renovation Fund (SRRF) (the "Fund") to be used for purposes of the Maine School Facilities Finance Program (MSFFP); and

WHEREAS, the Bank has the responsibility to administer the Fund and, subject to the approval of the State of Maine Department of Education ("DOE"), to provide financial assistance to municipalities or school administrative units for the renovation of eligible projects, all as set forth in the Act; and

WHEREAS, the Municipality or the School Administrative Unit has submitted to the Bank an application for financial assistance for a project under the SRRF program, and the Bank has reviewed and approved said application and DOE has certified to the Bank that the project is eligible for immediate financing under the Act, and the project has been reviewed and approved by the State of Maine Bureau of General Services; and

WHEREAS, the Municipality or the School Administrative Unit has demonstrated to the Bank that it has established an assessment schedule which will generate annually sufficient revenue to pay, or has otherwise provided sufficient assurances that it will pay, the principal on the Municipal Bond; and

WHEREAS, the Bank, pursuant to this Loan Agreement, proposes to make a loan to the Municipality or the School Administrative Unit to finance the project or to refinance bonds or notes issued for the same purpose; and

WHEREAS, the Bank, pursuant to this Loan Agreement, further proposes to forgive a portion of the principal due with respect to the loan; and

1 26 Exhibit Item: 2

WHEREAS, approval of the project has been obtained by the Bank and the Municipality or the School Administrative Unit from DOE subject to the provisions of applicable standards set forth in law, rules and regulations.

NOW, THEREFORE, in consideration of the premises and of the mutual representations, covenants and agreements herein set forth the Bank and the Municipality or the School Administrative Unit, each binding itself, its successors and assigns, do mutually promise, covenant and agree as follows:

2 27 Exhibit Item: 2

ARTICLE I

DEFINITIONS; RULES OF CONSTRUCTION

Section 1.1. Definitions. The following capitalized terms as used in this Loan Agreement shall have the following meanings:

"Act" means Chapter 225 of Title 30-A of the Maine Revised Statutes Annotated, as amended.

"Bank" means the Maine Municipal Bond Bank established under the Act, and any successor entity.

"Business Day" means any day on which State offices are open to conduct business.

"Custodian" means Bangor Savings Bank, or its successors or assigns, or its replacement.

"DOE" means the State of Maine Department of Education and any successor entity.

"Eligible Project" means a project permitted to be financed by the Fund pursuant to the Maine School Facilities Finance Program and the School Revolving Renovation Fund within the Act.

"Fund" means the SRRF.

"Lien Waiver" shall mean, with respect to each contractor or subcontractor of the Municipality or the School Administrative Unit for the Project, a sworn statement and waiver of liens covering all work for which a payment is to be made to the date of payment, including disclaimers from suppliers of fixtures, equipment and materials of any purchase money security interest therein.

"Loan" means the loan or loans made by the Bank to the Municipality or the School Administrative Unit pursuant to this Loan Agreement.

"Loan Account" means that account so designated established by the Bank within the Fund.

"Loan Agreement" means this Loan Agreement dated as of between the Bank and the Municipality or the School Administrative Unit as the same may be amended from time to time in accordance with Section 6.4 hereof.

3 28 Exhibit Item: 2

"Maine School Facilities Finance Program" (MSFFP) means the program established under Title 30-A Section 5953-E.

"Municipal Bond Resolution" means that action taken by the Municipality or the School Administrative Unit authorizing the issuance of the Municipal Bonds.

"Municipal Bonds" means the bonds or notes issued and delivered by the Municipality or the School Administrative Unit to the Bank, a specimen copy of which is attached as Exhibit E hereto and made a part hereof.

"Municipality" means a body corporate and politic constituting a municipal school unit under 20-A M.R.S.A. § 1 (19).

"Payment Date" shall mean each date on which principal is payable on this Loan as set forth in Exhibit D hereto.

"Principal Forgiveness Amount" means the forgiveness by the Bank of principal on the Loan as established by DOE, in the amounts established pursuant to Section 3.1 (c) below.

"Project" means the project described in Exhibit A hereto.

"Project Costs" means the incurred costs, including issuance costs, of the Municipality or the School Administrative Unit which are eligible for financial assistance from the Fund under the Act, which are allowable costs under the Regulations and which are reasonable, necessary and allocable by the Municipality or the School Administrative Unit to the Project under generally accepted accounting principles, an estimate of which is set forth in Exhibit B hereto and made a part hereof.

"Regulations" means the regulations of DOE, adopted pursuant to and in furtherance of the Act, as such may be amended from time to time.

"School Administrative Unit" (SAU) means a state approved unit of school administration other than a municipal school unit, including a school administrative district, community school district and any other municipal or quasi-municipal corporation responsible for operating or constructing public schools and including an applied technology region.

"School Revolving Renovation Fund" (SRRF) means the School Revolving Renovation Fund, established by Section 6006-F of the Act.

4 29 Exhibit Item: 2

"State" means the State of Maine.

"Technical Consultant" means an entity with engineering and technical expertise in the area of school renovation projects which shall be designated by the Bank, and may include the Bureau of General Services and the State of Maine Department of Education.

Section 1.2. Rules of Construction. Unless the context clearly indicates to the contrary, the following rules shall apply to the construction of this Loan Agreement:

(a) Words importing the singular number shall include the plural number and vice versa.

(b) All references herein to particular articles or sections are references to articles or sections of this Loan Agreement.

(c) The captions and headings herein are solely for convenience of reference and shall not constitute a part of this Loan Agreement nor shall they affect its meaning, construction or effect.

(d) The terms "hereby", "hereof", "hereto", "herein", "hereunder" and any similar terms, as used in this Loan Agreement refer to the Loan Agreement in its entirety and not the particular article or section of this Loan Agreement in which they appear, and the term "hereafter" means after, and the term "heretofore" means before, the date of execution of this Loan Agreement.

5 30 Exhibit Item: 2

ARTICLE II

REPRESENTATIONS

Section 2.1. Representations of the Bank. The Bank represents and warrants as follows:

(a) The Bank is a public body corporate and politic, and an instrumentality of the State, established and existing under the laws of the State, including the Act. The Bank is authorized to use amounts in the Loan Account of the Fund to make the Loan to the Municipality or the School Administrative Unit, in each case to undertake and complete the Project;

(b) The Bank has complied with the provisions of the Act and has full power and authority to execute and deliver this Loan Agreement and to consummate the transactions contemplated hereby and perform its obligations hereunder;

(c) The Bank is not in default under any of the provisions of the laws of the State which would affect its existence or its powers referred to in the preceding paragraph (b);

(d) The Bank has authorized the execution, delivery and due performance of the Loan Agreement and the taking of any and all action as may be required on the part of the Bank to carry out, give effect to and consummate the transactions contemplated by each of the foregoing, and all approvals necessary in connection with the foregoing have been received;

(e) The execution and delivery by the Bank of this Loan Agreement and the consummation of the transactions contemplated hereby will not violate any indenture, mortgage, deed of trust, note, loan agreement or other contract or instrument to which the Bank is a party or by which it is bound, or to the best of the Bank's knowledge, any judgment, decree, order, statute, rule or regulation applicable to the Bank, and all consents, approvals, authorizations and orders of governmental or regulatory authorities which are required for the consummation of the transactions contemplated thereby have been obtained;

(f) There is no action, suit, proceeding or investigation at law or in equity before or by any court, public board or body pending or, to the knowledge of the Bank, threatened against or affecting the Bank, or to the knowledge of the Bank, any basis therefor, wherein an unfavorable decision, ruling, or finding would adversely affect the transactions contemplated hereby or which, in any way, would adversely affect the validity of the Loan Agreement or any agreement or instrument to which the Bank is a party and which is used or contemplated for use in consummation of the transactions contemplated by each of the foregoing; and

6 31 Exhibit Item: 2

(g) The Bank and DOE have duly authorized the forgiveness of a portion of the principal amount of the Loan in the amounts and with respect to the maturity dates set forth in Exhibit D in the column headed "Principal Forgiveness Amount".

Section 2.2. Representations of the Municipality or the School Administrative Unit. The Municipality or the School Administrative Unit represent and warrant as follows:

(a) The Municipality or the School Administrative Unit is a body corporate and politic constituting a "Municipality" within the meaning of paragraph A of subsection 7-A of Section 5903 of the Act duly organized and existing under the laws of the State and has full legal right, power and authority (i) to conduct its business and own its properties, (ii) to enter into this Loan Agreement, (iii) to adopt the Municipal Bond Resolution, (iv) to issue and deliver the Municipal Bonds to the Bank as provided herein, and (v) to carry out and consummate all other transactions contemplated by each of the aforesaid documents;

(b) With respect to the issuance of the Municipal Bonds, the Municipality or the School Administrative Unit has complied with the Municipal Bond Resolution and with all applicable laws of the State;

(c) The Municipality or the School Administrative Unit has duly approved and authorized (i) the execution and delivery of this Loan Agreement, (ii) the Loan in the aggregate principal amount of $20,294 and (iii) the issuance and delivery of the Municipal Bonds in the aggregate principal amount of $11,722 (evidencing the obligation of the Municipality or the School Administrative Unit to repay that portion of the principal amount of the Loan that has not been forgiven pursuant to Section 3.1(C) ) and has authorized the taking of any and all action as may be required on the part of the Municipality or the School Administrative Unit to carry out, give effect to and consummate the transactions contemplated by each of the foregoing;

(d) This Loan Agreement and the Municipal Bonds, when executed and delivered will constitute legal, valid and binding obligations of the Municipality or the School Administrative Unit; the defense of sovereign immunity is not available to the Municipality or the School Administrative Unit in any proceedings by the Bank to enforce any of the obligations of the Municipality or the School Administrative Unit under this Loan Agreement or the Municipal Bonds and, to the fullest extent permitted by law, the Municipality or the School Administrative Unit consents to the initiation of any such proceedings in any court of competent jurisdiction and to the fullest extent permitted by law agrees not to assert the defense of sovereign immunity in any such proceedings;

7 32 Exhibit Item: 2

(e) There is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body, pending or, to the knowledge of the Municipality or the School Administrative Unit, threatened against or affecting the Municipality or the School Administrative Unit, or to the knowledge of the Municipality or the School Administrative Unit any basis therefor, (i) affecting the creation, organization or existence of the Municipality or the School Administrative Unit or the title of its officers to their respective offices, (ii) seeking to prohibit, restrain or enjoin the execution of this Loan Agreement or the issuance or delivery of the Municipal Bonds, (iii) in any way contesting or affecting the validity or enforceability of the Municipal Bond Resolution, the Municipal Bonds, this Loan Agreement, or any agreement or instrument relating to any of the foregoing or used or contemplated for use in the consummation of the transactions contemplated by this Loan Agreement or (iv) wherein an unfavorable decision, ruling or finding would adversely affect the transactions contemplated by this Loan Agreement or by the Municipal Bond Resolution or the Municipal Bonds;

(f) The Municipality or the School Administrative Unit is not in any material respect in breach of or in default under any applicable law or administrative regulation of the State or the United States or any applicable judgment or decree or any agreement or other instrument to which the Municipality or the School Administrative Unit is a party or by which it or any of its properties is bound, and no event has occurred which with the passage of time, the giving of notice or both would constitute such a breach or default; and the execution and delivery of this Loan Agreement and the issuance and delivery of the Municipal Bonds and the adoption of the Municipal Bond Resolution and compliance with the respective provisions thereof will not conflict with or constitute a breach of or default under any applicable law or administrative regulation of the State or of the United States or any applicable judgment or decree or any agreement or other instrument to which the Municipality or the School Administrative Unit a party or by which it or any of its property is bound;

(g) The Municipal Bond Resolution has been duly adopted by the Municipality or the School Administrative Unit and remains in full force and effect as of the date hereof;

(h) The Municipality or the School Administrative Unit has full legal right and authority and all necessary permits, licenses and approvals (other than such permits, licenses or approvals which are not, by their nature, obtainable prior to substantial completion of the Project) required as of the date hereof to own the Project, to carry on its activities relating thereto, to undertake and complete the Project and to carry out and consummate all transaction contemplated by this Loan Agreement;

(i) The Municipality or the School Administrative Unit represents that it has not made any commitment or taken any action which will result in a valid claim for any finders' or similar fees or commitments in respect of the issuance and sale of the Municipal Bonds and the making of the Loan under this Loan Agreement;

8 33 Exhibit Item: 2

(j) DOE has certified that each of the facilities comprising a part of the Project is eligible for financing from the Fund and its estimated cost is equal to or in excess of $20,294. The Municipality or the School Administrative Unit intends the Project to be and continue to be an Eligible Project under the MSFFP and SRRF and the Act during the term of this Loan Agreement;

(k) The Project is in compliance with all applicable federal, State and local laws and ordinances (including rules and regulations) relating to zoning, building, safety and environmental quality. The Municipality or the School Administrative Unit intends to proceed with due diligence to complete the Project pursuant to Section 4.1 hereof. The Municipality or the School Administrative Unit has complied with and completed all requirements of DOE necessary to commence construction of the Project prior to the date hereof;

(l) The Municipality or the School Administrative Unit represents that it is in compliance with 5953-E of the Act and 6006-F of the Act and copies of DOE approval and certifications required thereby are attached as Exhibit G; and

(m) The Municipality or the School Administrative Unit shall provide the Bank with an opinion of counsel, satisfactory to the Bank, regarding the validity and enforceability of the Loan Agreement and the Municipal Bond.

9 34 Exhibit Item: 2

ARTICLE III

LOAN PROVISIONS

Section 3.1. Loan Clauses. (A) The Loan. Subject to the conditions and in accordance with the terms of this Loan Agreement, the Bank hereby agrees to make the Loan and the Municipality or the School Administrative Unit hereby agrees to accept the Loan. The Loan shall be in the aggregate principal amount of $20,294. As evidence of the obligation of the Municipality or the School Administrative Unit to repay that portion of the principal amount of the Loan that has not been forgiven pursuant to Section 3.1 (C) below, the Municipality or the School Administrative Unit hereby agrees to sell to the Bank the Municipal Bonds in the aggregate principal amount of $11,722.

(B) Maturities, Interest Rates, Redemption Provisions. The Municipal Bonds will bear no interest from the date of their issuance and delivery. Subject to any applicable legal limitations, the principal amounts, maturities, redemption premiums and the rate or rates of interest borne by the Municipal Bonds shall be as set forth in Exhibit D.

(C) Principal Forgiveness. The Bank hereby forgives that portion of the principal amount of the Loan in the amounts and with the maturity dates set forth in Exhibit D. Such forgiveness shall, subject to the rights of the Bank under Section 3.5 (C) hereof, be absolute, unconditional and irrevocable, and shall bind the Bank and any transferee of the Bank's interests in the Loan. The Municipal Bond delivered to evidence the Loan shall apply only to that portion of the principal amount of the Loan that has not been forgiven, and nothing in this Loan Agreement (including, in particular, this Section 3.1 (C) ) shall be construed as a forgiveness of all or any portion of the principal due with respect to such Municipal Bonds.

(D) Allocation For Reduced Loan Size. If the amount disbursed under this Loan Agreement pursuant to Section 3.4 through final completion of the Project is less than the full amount of the Loan, the principal amount of the Loan shall be reduced by an amount equal to the difference between the principal amount of the Loan and the total amount disbursed (the "Loan Reduction Amount"). Both the Municipal Bond amount and the forgiveness amount shall be reduced by the prorata share of the Loan Reduction Amount based upon the percentages set forth in the Eligibility Certificate issued by the Department of Education as set forth in Exhibit G.

Section 3.2. Other Amounts Payable. The Municipality or the School Administrative Unit hereby expressly agrees to pay to the Bank any issuance costs which may occur.

Section 3.3. Deposit of Loan Proceeds. Proceeds of the Loan shall be retained by the Bank until disbursed to the Municipality or the School Administrative Unit pursuant to this Loan Agreement. Earnings on undisbursed amounts of the Loan shall be for the account of the Bank.

10 35 Exhibit Item: 2

Section 3.4. Disbursement of Loan Proceeds. (A) Copies of each requisition (the form of which is attached hereto as Exhibit F) shall be delivered to the Bank. Each requisition shall contain Lien Waivers and bills, invoices, evidence of payment or such other evidence that Project Costs for which disbursement is requested have been incurred by the Municipality or the School Administrative Unit.

(B) The Bank, through its Custodian, will make payments of proceeds of the Loan from the Loan Account to the Municipality or the School Administrative Unit upon submission of a requisition approved by the Bank and by the Municipality or the School Administrative Unit.

Section 3.5. Remedies. (A) If (i) the Municipality or the School Administrative Unit or any authorized representative is not complying with federal or State laws, regulations, or requirements relating to the Project and following due notice by the Bank the project is not brought into compliance within a reasonable period of time, or (ii) the Municipality or the School Administrative Unit is in violation of any covenant set forth herein, the Bank may deny certification of disbursement requests until the Project is brought into compliance or the covenant violation is cured, by written notice of such determination of noncompliance or violation and denial, and until such time as the Bank revokes such determination of noncompliance or violation and denial. The Bank further has the right to give notice to the Treasurer of the State of Maine of any failure or default of the Municipality or the School Administrative Unit for the purpose of obtaining from the Treasurer any monies owed the Municipality or the School Administrative Unit by the State of Maine. The Bank may rely on any advice or direction received by it from the Technical Consultant in making any determination under this Section 3.5 (A).

(B) The Bank shall have all the remedies permitted by law and by this Loan Agreement, including the right to seek enforcement, at law or in equity, including but not limited to specific performance, of any right or obligation under this Loan Agreement.

(C) The Bank shall have the right to require the Municipality or the School Administrative Unit to repay to the Bank, as damages for failure of the consideration contemplated by the Loan, such principal amount of the Loan that has been forgiven pursuant to Section 3.1 (C) hereof.

Section 3.6. Effective Date and Term. This Loan Agreement shall become effective upon its execution and delivery by the parties hereto, shall remain in full force and effect from such date and shall expire on such date as the Municipal Bonds shall be discharged and satisfied in accordance with the provisions thereof.

11 36 Exhibit Item: 2

ARTICLE IV

THE PROJECT

Section 4.1. Completion of the Project. (A) The Municipality or the School Administrative Unit agrees that it will undertake and complete the Project for the purposes and in the manner set forth in this Loan Agreement and in accordance with all federal, State and local laws, ordinances and regulations applicable thereto. The Municipality or the School Administrative Unit shall obtain all necessary approvals from any and all governmental agencies requisite to the completion of the Project. Upon completion of the Project, the Municipality shall obtain all required permits and authorizations from appropriate authorities, if required, for operation and use of the Project as contemplated by this Loan Agreement.

(B) For all purposes in which construction contracts exceed $100,000, the Municipality or the School Administrative Unit shall provide or cause to be provided payment and performance bonds assuring the performance of the work to be performed under all construction contracts entered into with the respect to the Project and payment of all contractors and subcontractors thereunder in accordance with 14 M.R.S.A. § 871. All payment and performance bonds required hereunder shall be issued by independent surety companies authorized to transact business in the State.

(C) The Municipality or the School Administrative Unit will take and institute such proceedings as shall be necessary to cause and require all contractors and material suppliers to complete their contracts diligently and in accordance with the terms of the contracts including, without limitation, the correcting of defective work.

Section 4.2. Payment of Additional Project Costs. In the event that Loan proceeds are not sufficient to pay the costs of the Project in full, the Municipality shall nonetheless complete the Project and pay that portion of the Project Costs as may be in excess of available Loan proceeds, and shall not be entitled to any reimbursement therefor from the Bank or the holders of any Bonds, except from the proceeds of additional financing which may be provided by the Bank pursuant to a project financing agreement.

Section 4.3. Completion Certificate. The Municipality or the School Administrative Unit shall deliver to the Bank a certificate of an authorized officer stating that the Project has been completed in accordance with this Loan Agreement within seven (7) Business Days following such completion. The Municipality or the School Administrative Unit shall in addition notify the Bank in writing within thirty (30) days of the actual date of initiation of operation of the Project.

Section 4.4. No Warranty Regarding Condition, Suitability or Cost of Project. The Bank makes no warranty, either express or implied, as to the Project or its condition or that it will be suitable for the Municipality's or the School Administrative Unit's purposes or needs, or that the proceeds of the Loan will be sufficient to pay the costs of the Project. Review or approval of engineering reports, facilities plans, design drawings and specification or other

12 37 Exhibit Item: 2 documents or the inspection of Project construction by the Technical Consultant or the Bank does not relieve the Municipality or the School Administrative Unit of its responsibility to properly plan, design, build and effectively operate and maintain the Project as required by laws, regulations, permits and good management practices. The Technical Consultant and the Bank or their representatives are not responsible for increased costs resulting from defects in the plans, design drawings and specifications or other Project documents. Nothing in this section prohibits a Municipality or School Administrative Unit from requiring more assurances, guarantees, or indemnity or other contractual requirements from any party performing Project work.

Section 4.5. Insurance. (A) The Municipality or the School Administrative Unit will keep, or cause to be kept, the Project insured against loss or damage by fire, flood, lightning, windstorm, vandalism, malicious mischief and other hazards, casualties, contingencies and all other "extended coverage" risks to their full insurable value, and will promptly pay when due all premiums on such insurance.

(B) Each insurance policy maintained pursuant to subsection 4.5(A) hereof shall contain in a form acceptable to the Bank (1) a provision to the effect that the policy will not be canceled without at least ten days prior written notice to the Bank, (2) the standard waiver of subrogation and endorsement, and (3) any other endorsement required by the Bank. The Municipality or the School Administrative Unit shall deliver satisfactory evidence of continuing coverage to the Bank at least thirty days before the expiration of the old policies.

(C) The Municipality or the School Administrative Unit shall carry and maintain such public liability insurance for personal injuries or property damage to the extent and in the manner customary for similar Municipalities or School Administrative Units similarly situated. Any insurance issued in compliance with this subsection 4.5(C) shall contain a provision to the effect that the policy will not be canceled without at least ten days prior written notice. The Municipality or the School Administrative Unit shall deliver satisfactory evidence of continuing coverage to the Bank at least thirty days before the expiration of the old policies.

13 38 Exhibit Item: 2

ARTICLE V

COVENANTS

Section 5.1. Application of Loan Proceeds. The Municipality or the School Administrative Unit will apply the proceeds of the Loan solely for Project Costs.

Section 5.2. Construction of the Project. The Municipality or the School Administrative Unit will cause the Project to be designed and constructed in accordance with plans and specifications delivered to the Bureau of General Services and DOE and consistent with Exhibit A hereto, and will proceed with the acquisition and construction of the Project in conformity with law and with all applicable requirements of governmental authorities having jurisdiction with respect thereof, subject to such modifications of plans and specifications as may be approved by the Bureau of General Services and DOE as necessary or advisable to effectuate the purposes of the Act.

Section 5.3. Completion of the Project. The Municipality or the School Administrative Unit shall, with all practical dispatch and in a sound and economical manner consistent in all respects with Section 4.2 hereof, complete or cause to be completed the acquisition and construction of the Project.

Section 5.4 Operation and Maintenance. After completion of the Project the Municipality or the School Administrative Unit shall at all times operate the Project or otherwise cause the Project to be operated properly and in a sound and economical manner and shall maintain, preserve and keep the Project or cause the Project to be maintained, preserved and kept, in good repair, working order and condition, and shall from time to time make, or cause to be made, all necessary and proper repairs, replacements and renewals so that at all times the operation of the Project may be properly conducted in a manner that is consistent with prudent engineering and operating practices, and the Municipality or the School Administrative Unit shall not discontinue operation of or sell or otherwise dispose of the Project, except for portions of the project sold or otherwise disposed of in the course of ordinary repair and replacement of obsolete or worn out parts, without the approval of the Bank so long as the Loan is outstanding.

Section 5.5. Compliance With Law. The Municipality or the School Administrative Unit will at all times construct and operate the Project and otherwise cause the Project to be constructed and operated in compliance with all applicable federal, State and local laws, ordinances, rules, regulations, permits, approvals and this Loan Agreement.

Section 5.6. Public Ownership. Subject to Section 5.4 hereof, the Municipality or the School Administrative Unit will at all times retain ownership of the Project.

14 39 Exhibit Item: 2

Section 5.7. Establishment of Project Accounts; Audits. The Municipality or the School Administrative Unit shall maintain Project accounts in accordance with generally accepted government accounting standards and directions issued by the Bank. The Municipality or the School Administrative Unit will permit the Bureau of General Services and DOE and the Bank or their authorized representatives to review or audit all records relating to the Project, and will produce or cause to be produced all records relating to any work performed under the terms of this Loan Agreement for examination at such times as may be designated by any of them or their authorized representatives, and shall permit extracts and copies of Project records to be made by them or their authorized representatives, and shall fulfill information requests by them or their authorized representative.

Section 5.8. Records. The Municipality or the School Administrative Unit will retain all files and records relating to construction of the Project for at least six years following the date of completion of the Project as certified pursuant to section 4.3 hereof. All other files and records relating to the Project shall be retained so long as this Loan Agreement remains in effect. As-built plans and specifications for the Project shall be retained for the useful life of the Project.

Section 5.9. Project Access. The Municipality or the School Administrative Unit shall permit representatives of the Technical Consultant and the Bank to have access to the Project at all reasonable times, and all contracts for construction or operation of all or a portion of the Project shall contain provisions that permit such access and shall permit extracts and copies of Project records to be made by the foregoing persons.

Section 5.10. Architectural/Engineering Inspection. The Municipality or the School Administrative Unit shall provide competent and adequate resident inspection of all Project construction, under the direction of a professional engineer or architect licensed in the State. The Municipality or the School Administrative Unit shall direct such engineer or architect to inspect work necessary for the construction of the Project and to determine whether such work has been performed in accordance with the approved plans and specifications. Any work not in accordance with approved plans and specifications shall be remedied, unless such noncompliance is waived by the Technical Consultant and the Bank.

Section 5.11. Intentionally Omitted.

Section 5.12. User Fee Covenant. (A) The Municipality or the School Administrative Unit hereby certifies that it has established and will charge assessments as set forth in Exhibit C with respect to the Project in accordance with law and in amounts such that revenues of the Municipality or the School Administrative Unit with respect to the Project shall be sufficient, together with other funds available to the Municipality or the School Administrative Unit for such purposes, to pay all costs of operating and maintaining the Project in accordance with this Loan Agreement, including the establishment of reasonable or required reserves, and to pay all amounts due under this Loan Agreement and the Municipal Bonds.

15 40 Exhibit Item: 2

(B) The Municipality or the School Administrative Unit covenants that it shall, from time to time, revise and charge Assessments with respect to the Project such that the revenues and funds described in paragraph (A) shall be sufficient to pay the costs described in paragraph A.

Section 5.13. Notice of Impaired System. In the case of any material damage to or destruction of the Project or any part thereof, or actual or threatened proceedings for the purpose of taking or otherwise affecting by condemnation, eminent domain or otherwise, all or a part of the Project, any action, suit or proceeding at law or in equity or by or before any governmental instrumentality or agency, or any other event whatsoever which may impair the ability of the Municipality or the School Administrative Unit to construct or operate the Project or set and collect Assessments as set forth in Section 5.12, the Municipality or the School Administrative Unit shall promptly notify the Bank.

ARTICLE VI

MISCELLANEOUS

Section 6.1. Notices. All notices, certificates or other communications hereunder shall be sufficiently given, and shall be deemed given when hand delivered or mailed by registered or certified mail, postage prepaid, return receipt requested to the address set forth below:

(a) Bank: Maine Municipal Bond Bank 127 University Drive P. O. Box 2268 Augusta, Maine 04338-2268 Attn: Michael R. Goodwin

(b) DOE: Department of Education 23 State House Station Augusta, Maine 04333-0023 Attn: Ann Pinnette

Any of the foregoing parties may designate any further or different addresses to which subsequent notices, certificates or other communications shall be sent, by notice in writing given to the others.

16 41 Exhibit Item: 2

Section 6.2. Binding Effect. This Loan Agreement shall inure to the benefit of the Bank and shall be binding upon the Bank and the Municipality or the School Administrative Unit and their respective successors and assigns.

Section 6.3. Severability. In the event any provision of this Loan Agreement shall be held illegal, invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate, render unenforceable or otherwise affect any other provision hereof.

Section 6.4. Amendments, Supplements and Modifications. This Loan Agreement may be amended, supplemented or modified to provide for additional Loans by the Bank to the Municipality or the School Administrative Unit. All amendments, supplements and modifications shall be in writing between the Bank and the Municipality or the School Administrative Unit.

Section 6.5. Execution in Counterparts. This Loan Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.

Section 6.6. Applicable Law. This Loan Agreement shall be governed by and construed in accordance with the laws of the State of Maine, including the Act.

Section 6.7. Captions. The captions or headings in this Loan Agreement are for convenience only and shall not in any way define, limit or describe the scope or intent of any provisions or sections of this Loan Agreement.

Section 6.8. Waiver. No failure or delay on the part of the Bank in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercises thereof or the exercise of any right, power or remedy hereunder.

Section 6.9. Further Assurances. The Municipality or the School Administrative Unit shall, at the request of the Bank, authorize, execute, acknowledge and deliver such further resolutions, conveyances, transfers, assurances, financing statements and other instruments as may be necessary or desirable for better assuring, conveying, granting, assigning and confirming the rights, security interests and agreements granted or intended to be granted by this Loan Agreement and the Municipal Bond.

Section 6.10. Modifications. No modifications or waiver of any provision of this Loan Agreement shall be effective unless the same shall be in writing signed and duly authorized by both the Bank and the Municipality or the School Administrative Unit.

17 42 Exhibit Item: 2

Section 6.11. Survival. All agreements, representations and warranties, made by the Municipality or the School Administrative Unit herein or in any other document or certificate delivered to the Bank in connection with the transaction contemplated by this Loan Agreement, shall survive the delivery of this Agreement and the Note, and shall continue in full force and effect so long as the Note is outstanding.

Section 6.12. Covenant Against Discrimination. The Municipality or the School Administrative Unit in the performance of this Loan Agreement will not discriminate or permit discrimination against any person or group of persons on the grounds of race, color, religion, national origin, age, sex, marital status, physical handicap, political beliefs, mental retardation or history of mental disorder in any manner prohibited by the laws of the United States or of the State.

Section 6.13. Provision Where Municipality or School Administrative Unit has Prepaid Local (Unforgiven) Portion of Loan. Notwithstanding any term or provision hereof to the contrary, if the Municipality or the School Administrative Unit has prepaid all of the Principal on the Municipal Bond which (i) has not been forgiven pursuant to Section 3.1 (C) and (ii) has been evidenced by the Municipal Bonds, the Bank agrees that the Municipal Bonds are paid and satisfied. All other terms and conditions hereof survive the payment and satisfaction of the Municipal Bonds.

18 43 Exhibit Item: 2

IN WITNESS WHEREOF, the Bank and the Municipality or the School Administrative Unit have caused this Loan Agreement to be executed and delivered, as of the day and year first above written.

Maine Municipal Bond Bank

(SEAL)

Attest:______By:______

Its Executive Director

City of Saco

By: ______Roland Michaud (SEAL) Its: Mayor

Attest:

______By: ______Michele L. Hughes, Clerk Cheryl Fournier City of Saco Its: Treasurer

19 44 Exhibit Item: 2

EXHIBIT A

DESCRIPTION OF PROJECT

To finance ADA compliance to repairs in stairwells at the Saco Middle School.

20 45 Exhibit Item: 2

EXHIBIT B

PROJECT COSTS

See Attached

21 46 Exhibit Item: 2

EXHIBIT C

DESCRIPTION OF ASSESSMENTS

22 47 Exhibit Item: 2

EXHIBIT D

“PREPAID”

LOAN INTEREST RATES, PRINCIPAL REPAYMENT AND PRINCIPAL FORGIVENESS SCHEDULE

Payment Total Net Date Principal Principal Principal Interest ( ) Amount Forgiveness Payable Rate

$20,294.00 $8,572.00 $11,722.00 0%

Totals: $20,294.00 $8,572.00 $11,722.00

REDEMPTION PRICE UPON OPTIONAL REDEMPTION

Principal amount of Municipal Bond and this Loan (less the forgiven principal portion of the Loan which the Municipality or the School Administrative Unit is not required to repay) may be redeemed at any time on or after the date the Project has been completed and the Municipality or School Administrative Unit has delivered to the Bank the completion certificate required by Section 4.3 of this Loan Agreement, without premium.

23 48 Exhibit Item: 2

EXHIBIT E

SPECIMEN COPY MUNICIPAL BOND

See Attached.

24 49 Exhibit Item: 2

EXHIBIT F

FORM OF REQUISITION

See Attached.

25 50 Exhibit Item: 2

EXHIBIT G

STATE OF MAINE DEPARTMENT OF EDUCATION APPROVAL

See Attached

26 51 Exhibit Item: 2

THIS BOND DOES NOT CONSTITUTE A DEBT OR LIABILITY OF THE STATE OF MAINE NOR A PLEDGE OF THE FAITH AND CREDIT OF THE STATE OF MAINE, BUT IS PAYABLE SOLELY FROM THE FUNDS OF THE MUNICIPALITY OR SCHOOL ADMINISTRATIVE UNIT.

UNITED STATES OF AMERICA

STATE OF MAINE

(Municipality or the School Administrative Unit)

20__ SCHOOL REVOLVING RENOVATION FUND (SRRF) BOND

R-1

, 20__ , Maine

The (Municipality or the School Administrative Unit) (hereinafter called the "Governmental Unit") a municipal or quasi-municipal corporation organized under the laws of the State of Maine, for value received, hereby promises to pay to the Maine Municipal Bond Bank, Augusta, Maine, or registered assigns, the principal sum of dollars ($ ) in equal installments of dollars ($ ) each, on , 20__ and on <> in each subsequent year thereafter, to and including , 20__, when the entire remaining unpaid balance hereof shall be due in full.

Principal on this Bond is payable at the Maine Municipal Bond Bank, 3 University Drive, Augusta, Maine. Final payment of the principal of this Bond shall be made upon presentation and surrender of this Bond for cancellation at the bank or trust company to which the Maine Municipal Bond Bank has directed the Governmental Unit to make payments on this Bond. Principal on this Bond is payable in any coin or currency of the United States of America which, on the respective dates of payment thereof, shall be legal tender for the payment of public and private debts.

This Bond is a valid obligation of the Governmental Unit issued by the Governmental Unit under and by virtue of Title 30-A M.R.S.A. Section 6006-F and Title 30-A M.R.S.A. Section 5953-E, resolutions of the Governmental Unit adopted at meetings thereof duly called and held on and , authorizing such issue and the amount thereof, and all other authority thereto enabling. This Bond is issued for the purpose of providing funds for (project description) of the Governmental Unit located at , Maine, and for related costs including costs of issuance.

27 52 Exhibit Item: 2

This Bond is one of the Bonds referred to in, and is subject to the terms of, a certain Loan Agreement by and between the Maine Municipal Bond Bank and the Governmental Unit dated as of , 20__, (the "Loan Agreement"), a copy of which is on file with the Clerk of the Governmental Unit.

This Bond may be redeemed in whole or in part, or prepaid prior to maturity, only with the prior written consent of the Maine Municipal Bond Bank and in accordance with the redemption provisions contained in the Loan Agreement.

IN WITNESS WHEREOF, the Governmental Unit has caused this Bond to be executed in its name by its Treasurer and countersigned by its Chairperson of the governing body, and the seal of the Governmental Unit to be affixed hereto as of the day of , 20__.

ATTEST (Municipality or the School Administrative Unit)

______By:______Its Treasurer

Countersigned:

______By:______Its

(SEAL)

28 53 Exhibit Item: 2

CERTIFICATE OF REGISTRATION OF TRANSFERS

This note is registered in the name of the transferee noted hereon on the books of the Governmental Unit kept by the Treasurer as transfer agent.

Name of Date of Date Aggregate Balance of Signature Registered Registration to which Principal Principal of Transferee of Transfer Paid Paid Due Treasurer ------

______

29 54 Exhibit Item: 3

lichael R. Good\ in, Executive Director Tel 207,622,9386 Fax 207,623,5359

September 21, 2016

Roland Michaud, Mayor City of Saco City Hall 300 Main Street Saco, Maine 04072

Dear Mr. Michaud:

It is my pleasure to inform you that the Commissioners of the Maine Municipal Bond Bank ("The Bank") have approved the application from the City of Saco for $20,294 for a pre-paid loan to be financed through the School Revolving Renovation Fund.

The approval of this loan is conditioned on the following items:

1. The normal documentation and Bond Counsel's legal opinion be received within our time frame including verification that this project has been approved by the Department of Education and that all required legal actions by the voters or governing body of the district have been either waived pursuant to law or have been complied with.

2. No substantive change occurs in your financial condition.

3. No litigation is threatened or pending that may have material effect on the bond issue.

4. The district agrees to submit annual audited financial reports available prior to the sale and during the entire life of the bond issue.

5. The district agrees that upon completion of the work, the district will submit to the Bank a project cost form(supplied by the Bank).

6. No change in the laws occurs that could affect the issue.

7. The district agrees to indemnify and hold the Bank harmless from liability resulting from any subsequent withdrawal of this approval.

8. The district addresses all of the issues raised by the Bureau of General Services concerning the renovation project and forwards the final, unconditional sign-offfrom the Bureau of General Services as to the district satisfactorilyincorporating their suggestions.

127 Community Drive • P.O. Box 2268 • Augusta, Maine • 04338-2268 • www.mmbb.com 55 Exhibit Item: 3

56 WORKSHOP ITEM: B Date: October 24, 2016

WORKSHOP ITEM COMMENTARY

AGENDA ITEM: (First Reading) Contract Zone Amendment: 95 King St., the Former WinterHaven Assisted Living Facility

STAFF RESOURCE: Bob Hamblen, City Planner

COUNCIL RESOURCE: Councilor William Doyle

BACKGROUND: Applicant Thornton Academy proposes to acquire the former WinterHaven assisted living facility at 95 King Street and convert it into student housing. The previous use was made possible by a contract zone, approved in 1996. TA proposes to amend the contract zone in order to allow a student and staff housing facility for up to eighteen beds, plus a living arrangement for a couple or family to staff the facility.

EXHIBITS: 1. Amended Contract Zone document 2. Application materials 3. Staff Comments

RECOMMENDATION: Staff views this as a good opportunity for the re-use of an existing facility that could otherwise become a “white elephant” in this neighborhood.

SUGGESTED MOTION: “. . . move to approve the First Reading of the contract zone document entitled “Contract Zone Agreement by and between the City of Saco and Thornton Academy,” dated October 24, 2016; and further move to schedule a Public Hearing for November 21, 2016, for the property identified as Tax Map 32, Lot 179 as authorized by Section 1403 of the Zoning Ordinance.”

57 WORKSHOP ITEM: B Date: October 24, 2016. Exhibit Item: 1

Contract Zone Agreement Formatted: Centered By and between the City of Saco and Thornton Academy

October 24, 2016

THE CITY OF SACO HEREBY ORDAINS:

That the zoning ordinance of the City of Saco, dated January 2, 1985 and amended through September 19, 2016, is hereby amended by adopting the change in use as further described in the following contract by and between the City of Saco and Phil and Lucie HatchThornton Academy.

This amendment to the Saco Zoning Ordinance shall be subject to the following conditions and restrictions, as provided for in Section 1403 of the Zoning Ordinance:

1. All work performed as a result of the 1996 approval was shall be done in conformance with the Formatted: Strikethrough approved plans entitled "Site Development Plan" Assisted Living Home for Philip & Lucie Hatch, drawn by Foster Associates Associates Architects. Any deviations from the approved plans shall be reviewed and approved by the City prior to work commencing. The approved plans were received by the Saco Planning Department on July 3, 1996.

2. Prior to work beginning, the applicant shall establish performance guarantee, acceptable to the City, for 150% of the cost of the following improvements:

landscaping drainage

paving erosion control

3. All work shall be done in conformance with Section 806 of the Saco Zoning Ordinance, Erosion Control.

4. The approved 1996 contract is was for the express purpose of allowing elderly congregate housing Formatted: Strikethrough as a use on this parcel of land, Map 32, lot 179, located at 95 King Street, in an R-IB zoning Formatted: Strikethrough district. The 2016 amendment shall allow a Student and Staff Housing Facility that would house up to eighteen (18) high school students, and residential directors which may be a couple or a family who would reside in the existing dwelling at 95 King Street, which is attached to the Facility.

5. Density requirements for this parcel limit the elderly congregate use to 10 beds as long as the Formatted: Strikethrough home is owner occupied. If, at some point in the future, the home is no longer owner occupied, the elderly congregate use will be allowed to expand to 15 beds. This shall only occur upon notification and concurrence by the Code Enforcement Officer.

6. 5The area designated as future parking shall remain in an undeveloped state. If at any time in Formatted: Indent: Left: 0.64", No bullets or the future the City determines that additional parking is required, the owner shall be notified and shall numbering have six months to provide the parking. If the owner proposes to expand the use to 15 beds, the Formatted: Strikethrough additional parking shall be required.

7.6. The wooded area to the rear of the proposed addition, lying adjacent to land owned by Desjardins, shall remain in its present condition. Only dead or dying trees may be removed, along with underbrush. No structures are permitted in this area.

8.7. No dumpsters will be allowed on the property, unless the owner secures an amended approval.

58 WORKSHOP ITEM: B Date: October 24, 2016. Exhibit Item: 1

9.8. No further structures will be allowed on the property between the parking area and King Street.

10.9. All details as shown on the approved plans are hereby incorporated into this contract by reference, and the site shall be developed substantially in conformance with those plans. Minor changes may be approved by the staff of the City of Saco. Any changes determined by the staff to be "major" shall be submitted to the Planning Board for review. If it is determined that the changes constitute a change in the contract, then the developer shall also be required to obtain City Council approval of the changes.

11.10. To provide adequate funding for City services, the applicant agrees to not convert this business or use to a not for-profit enterprise, either now or in the future. This condition shall extend to any future owners of the business or land. As agreed under the 2016 amendment, the applicant shall be allowed to own the facility as a tax exempt entity. If Thornton Academy should convey the facility in the future, any future transferee of the property shall not be a tax exempt entity, unless so approved by the City Council.

12.11. Breach of these conditions and restrictions by the developer shall constitute a breach of the contract, and the developer shall be required to apply for a contract modification. Failure to apply for, or to obtain a modification and shall constitute a zoning violation, subject to enforcement action.

13.12. The area shown on the approved site plan, bounded by King Street, Winter Street, the garage, and the areas labelled "future parking", shall remain in a vegetated condition. No Formatted: Strikethrough paving or structures shall be permitted in this area." Formatted: Strikethrough

By vote of the Saco Planning Board on June 25, 1996, and the Saco City Council on August 6, 1996, the following findings were are hereby adopted: . Formatted: Strikethrough Formatted: Strikethrough A. The subject real estate is somewhat unusual and unique in its size and location. The parcel consists of 32,000 square feet of usable land area. This size parcel is relatively large compared to the other typical 10,000 square foot parcels in the immediate neighborhood. This size factor makes it uniquely conducive to this type of use. Due to the fact that the Winter Haven assisted living facility utilized elderly congregate Formatted: Strikethrough housing facilities typically need to be ten (10) beds or more to achieve economic feasibility, a facility of that size would Formatted: Strikethrough required at least a 20,000 square foot parcel in the R-1 zone to the meet the zone's density requirement. Given this size constraint, additional similar development in the R-1B zone seems to be precluded, being that there few, if any, similarly sized, undeveloped parcels of land in the zone. In addition to its unique size, the site is centrally located and is easily accessible to most public, religious, and business services. Formatted: Indent: Left: 0.89" B. Chapter 5 of the 2011 Comprehensive Plan, Subpart 8 expresses the City’s desire to limit Formatted: Numbered + Level: 1 + commercial activities within residential neighborhoods except for strictly regulated uses with Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.89" + Indent minimum impact. The proposed Student and Staff Housing Facility most properly identified as at: 1.14" an accessory use to Public or Private School, each of which are permitted uses in the R-1B

59 WORKSHOP ITEM: B Date: October 24, 2016. Exhibit Item: 1

zone. The proposed facility will have arguably less impact on the neighborhood than the existing assisted living use. Formatted: List Paragraph, No bullets or numbering A goal of the Transportation section of the 2011 Plan is to reduce road congestion while minimizing traffic in residential neighborhoods. The students living at the facility would walk to school most days, or may board a single small bus for a ride in inclement weather. Boarding students are not allowed to have cars, so the impact of the facility will be far less than the previous use, with family members and staff traveling to and from the property at all hours.

The Housing section of the 2011 Plan discourages the conversion of properties from single family dwellings to multi-family in order to limit adverse impacts on older residential neighborhoods. Thornton Academy’s proposed use of the property is similar to the existing use, with younger occupants. The net effects of the new use would be a change of ownership, and a change in the nature of the occupants.

The Land Use Goals and Policies in the 2011 Plan, Chapter 6, promote orderly development that discourages urban sprawl and encourages the efficient use of City resources. The proposed use would be located in the in-town area and constitutes an efficient re-use of a very specialized structure. It is serviced by public water and sewer. The proposed change in ownership and use will not result in significant exterior changes to the property. B.C. The Saco Comprehensive Plan, dated 1987, clearly intends that the R-1 zones be Formatted: Strikethrough developed to promote a variety of residential uses. Specific to the housing needs of the elderly, the plan establishes the City's socio-economic development goals and policies by suggesting that "the Planning Board shall investigate the use of various zoning and siting techniques to encourage elderly and barrier free housing in Saco" (p. Dl4). The land use portion of the Comprehensive Plan also "encourages housing for all income and age levels (p. E1). Additionally, the plan further

suggests that, within the Downtown Residential (Outer Ring) District (in which the R-1B zone is located) "predominately residential uses should be encouraged in this district at medium density (p. E5).

C.D. In reviewing the permitted and conditional use lists for the R-1 zones, Public and Private Schools, and Accessory Uses are permitted uses. Most of the developed portion of the Thornton Academy campus is in the R-1B zone, and it has been demonstrated for over two hundred years that a Private School can exist comfortably next to residential neighborhoods. More recently, it has been demonstrated that Student and Staff Housing Facilities can function well, with few or no adverse impacts on nearby neighbors. several types Formatted: Strikethrough of elder care uses are shown. Type 1 (5 or fewer) Adult Day Care Centers is a permitted use in of the R-l zones. Nursing Homes, Community Living Uses and Type 2 (5 or more) Adult Day Care Centers are conditional in all the R-1 zones. Elderly congregate Housing is a conditional use in the R-IC zone only.

Although the immediate neighborhood around the proposed use is dominated by single- and two-family residential dwellings, there are several higher density

60 WORKSHOP ITEM: B Date: October 24, 2016. Exhibit Item: 1

properties located within a very close proximity to the proposed site. Directly across Winter Street is "Kings Court", a 12·unit, 2 building (2 story) apartment complex. About 300 yards west on King Street is "Sunfields Condominiums", a 12 unit, 3 building (2 story) residential complex. Approximately one-tenth of a mile east on Beach Street (diagonally across from Beachway Market) is an 11-unit, 3 building (2 story) condominium project.

Based on the permitted and conditional uses in the R-1 family of zones, and on the existing development that has taken place under the City's existing zoning ordinance, it appears that the R·IB zone has been capable of supporting multiple- density properties in the past, serving a variety of residential uses as intended in the City's Comprehensive Plan.

Based on the above findings, and the conditions and restrictions listed above, the City Council hereby finds that the intent of the Saco Zoning Ordinance, specifically Section 1403, and the Saco Comprehensive Plan have been met, and hereby incorporates this contract zoning agreement into the Saco Zoning Ordinance by reference. The amendments described in this contract shall become effective on December , 2016 September 5, 1996. Formatted: Strikethrough

By signing this contract, both parties agree to abide by all the conditions and restrictions as contained herein.

Adopted by the Saco City Council on December , 2016.

By______By______Rene Menard, Headmaster Kevin N. Sutherland Formatted: Default, Indent: Left: 0" Thornton Academy City Administrator

City of Saco

by ______by ______its Philip S. Hatch, III

by ______Lucie S. G. Hatch

61 WORKSHOP ITEM: B Date: October 24, 2016 Exhibit Item: 2

62 WORKSHOP ITEM: B Date: October 24, 2016 Exhibit Item: 2

63 WORKSHOP ITEM: B Date: October 24, 2016 Exhibit Item: 2

64 WORKSHOP ITEM: B Date: October 24, 2016 Exhibit Item: 2

65 WORKSHOP ITEM: B Date: October 24, 2016 Exhibit Item: 3

Staff Comments, Proposed Amendment to WinterHaven Contract Zone

• Police Chief Brad Paul -- TA has a strong record of providing adequate oversight to residential students. I think this is a good use for a property that might be put to other less desirable uses and I support this project.

• Joe Hirsch, Parks and Recreation Director -- I’m in favor of this idea. Just would like to see the two trees we put in on King Street (London Plane Trees) kept if possible.

• Howard Carter, Water Resources Recovery Department -- There may be impact fees involved. Are they proposing an apartment for the dorm parents? If so, what size in square footage?

• John Duross, Fire Chief -- The change in use, moving from Elder Care to Dormitory, will likely have minimal impact on fire & life safety code requirements. However, current sprinkler and fire alarm systems in place may require some modification to comply with codes & current standards.

• Richard Lambert, Code Enforcement Officer -- I would say condition 11 would preclude TA from using this contract if it will be not-for-profit. Is this building sprinklered?

• City Attorney Tim Murphy -- I reviewed the draft proposed contract changes you sent over. Most of it looks fine. A couple points to address:

1. I’d recommend adding the President of the TA Board of Trustees, as well as Rene M, as the signors for TA. The TA Board probably has to vote to enter into this agreement so it makes sense to have the Board’s President also sign. On occasion, I’ll have both the City Administrator and the Mayor sign a particular document. Same idea, some docs call for the added person. 2. Section 10 (formerly 11) seeks to alleviate the tax exemption bar previously governing the property. TA asks to eliminate the tax exemption/non-profit bar applicable to the parcel. In return, TA proposes to re-apply the bar set out in former section 11 to a future for profit owner. The TA suggestion of allowing the tax exemption bar to re-assert, at some future date, gains the City very little as TA likely intends to hold this parcel for well out into the foreseeable future. Moreover, the grant of Condition 11 was an express condition for approval of the Hatch contract zone. If the City Council did not intend it to mean anything in 1996, why bother to have drafted it. My recommendation would be to establish a modest PILOT for the parcel until such time as the parcel turns over to a “for profit”. However, this is a policy call for the City Council, not strictly a legal call. For what it’s worth, a voluntary TA PILOT contribution would engender tremendous community and political goodwill. TA should get ahead of what will likely be a Council request.

Other than these two comments, I do not see any other concerns. And, I would add (and this is clearly outside the legal area) that this seems to me to be a very positive and sympathetic re-use of the parcel. Its close proximity to the TA campus seems ideal. It presents a good result for TA, for the Hatches I suspect, and well aids Saco through the

66 WORKSHOP ITEM: B Date: October 24, 2016 Exhibit Item: 3

growth and strengthening of one of our most important community institutions. In short, it’s a mutual investment in one another.

• Frank Yattaw, City Assessor -- This properties status will change from taxable to exempt. The property is probably grandfathered for its current use and after 1 year of not being use as a nursing home the highest and best use will change. The new use will probably be a decrease in the value. So I think that if you can possibly get TA to do a pilot the net out on the tax loss would be minimal, along with a positive on the use.

• William Mann, Economic Development Director -- The Economic Development Department is supportive of the proposed acquisition of 95 King (on Corner of King and Winter Streets) Street by Thornton Academy (TA) for adaptive reuse as a dormitory.

We do however suggest that the City / City Council consider asking / requiring TA to pay a Payment in Lieu of Tax (PILOT) payment of some amount. The current (Fiscal Year 2017) tax on this property is $13, 261.92. I have attached copies of the property location, current tax card and a listing of other PILOT payments billed annually by the City of Saco.

In as much as TA is a tax exempt entity and would qualify to pay no property tax this could result in a loss of $13, 261.92 in annual tax revenue. Given that this is located off of TA’s Main campus and the fact that as they may grow in the future the precedent set with this acquisition / conversion could be used as a basis for future treatment; it is recommended that we proceed thoughtfully in this aspect of this request.

NOTE: The last educational institutional institution to be purchase a tax revenue producing property was the Ecology School (Simpson road Purchase) – See attached excerpt from the Contract Zone Agreement between the City of Saco and the Ecology School on this point. The Ecology School is allowed to pay no PILOT payment as long as they provided a substantial subsidization of the educational programming they provide the City of Saco School Department - and if they fail to do that they will be required to pay an annual fee of $20,000.00 (an amount about 1.5x the prior annual property tax on the property that the Ecology School is acquiring). I hope this is helpful.

• Bob Hamblen, City Planner – the WinterHaven contract zone agreement specifies that a change in the contract comes back to the Council for review, so no Planning Board involvement. The applicant’s citing of Comprehensive Plan goals and recommendations are reasonable, and are reflected in the updated Contract Zone Agreement. The assessed value of the property is $682,900, which would come off the tax rolls given TA’s status as a tax exempt entity.

67 RemPID Map Lot Unit UnitCut GISID Location Owner1 Co_Owner Addr1 Addr2 City State Zip User02 MAP LOT PHYSICAL LOCATION RENTAL INCOME Tax Amount 4041 054 010 001 000 054010001000 9 THERRIEN AVE AVESTA HOUSING 307 CUMBERLAND AVE PORTLAND ME 04101 PILOT KALLOCK TERRACE 054‐010‐001‐000 9 THERRIEN AVE $274,463.00 $5,489.26 3153 039 078 000 000 039078000000 25 NYE ST COMMUNITY HOUSING OF MAINE INC ONE CITY CTR, 4TH FLOOR PORTLAND ME 04101 PILOT COMMUNITY HOUSING OF MAINE 039‐078‐000‐000 25 NYE STREET $47,619.00 $952.38 6562 108 006 000 000 108006000000 45 HEATH RD COMMUNITY PARTNERS INC PO BOX 363 BIDDEFORD ME 04005 PILOT COMMUNITY PARTNERS 108‐006‐000‐000 45 HEATH RD $37,284.00 $745.68 1596 027 060 001 000 027060001000 42‐44 GLENWOOD AVE COMMUNITY PARTNERS INC 443 MAIN ST BIDDEFORD ME 04005 PILOT COMMUNITY PARTNERS 027‐060‐001‐000 42‐44 GLENWOOD AVE. $35,166.00 $703.32 1595 027 060 000 000 027060000000 46‐48 GLENWOOD AVE COMMUNITY PARTNERS INC 443 MAINST BIDDEFORD ME 04005 PILOT COMMUNITY PARTNERS 027‐060‐000‐000 46‐48 GLENWOOD AVE. $38,076.00 $761.52 4827 067 042 000 000 067042000000 15 CHERRYFIELD AVE PORT RESOURCES 280B GANNETT DRIVE SOUTH PORTLAND ME 04106 PILOT 067‐042‐000‐000 15 CHERRYFILED AVE. $23,940.00 $480.00 1814 031 065 000 000 031065000000 11 SCHOOL ST SHALOM HOUSE INC 106 GILMAN ST PORTLAND ME 04102 PILOT SHALOM 031‐065‐000‐000 11 SCHOOL STREET $329,140.00 $1,123.00 3256 039 170 000 000 039170000000 81 NORTH ST SHALOM HOUSE INC 106 GILMAN ST PORTLAND ME 04102 PILOT SHALOM 039‐170‐000‐000 81 NORTH STREET $387,384.00 $0.00 1406 026 004 000 000 026004000000 255 BEACH ST VOANNE BEACH STREET HOUSE 14 MAIN ST SUITE 205 BRUNSWICK ME 04011 PILOT VOA 026‐004‐000‐000 255 BEACH ST. $65,740.00 $1,314.80 1406 033 024 001 000 033024001000 7 SMITH LANE (Building 1) VOA Elderly Housing, Inc 14 MAINE ST SUITE 205 BRUNSWICK ME 04011 PILOT VOA 033‐024‐001‐000 7 SMITH LN $229,696.00 $4,593.92 2259 033 024 001 000 033024001000 7 SMITH LN Building 2 VOANNE SENIOR HOUSING INC 14 MAINE ST SUITE 205 BRUNSWICK ME 04011 PILOT VOA S/B 2 STATEMENTS 033‐024‐001‐000 7 SMITH LN $308,943.00 $6,178.86 105032 051 019 001 001 051019001001 335 LINCOLN ST VOLUNTEERS OF AMERICA NORTHERN NEW ENGLAND INC 14 MAINE ST STE 301 BRUNSWICK ME 04011 PILOT VOA NO RENTAL INCOME NO RENTAL INCOME $0.00 1809 031 059 000 000 031059000000 50 FREE ST WARDWELL COMMONS ELDERLY HOUSING 43 MIDDLE ST SACO ME 04072 PILOT WARDWELL $101,976.00 $2,039.52 1808 031 055 000 001 031055000000 43 MIDDLE ST WARDWELL HOME FOR THE AGING INC 43 MIDDLE ST SACO ME 04072 PILOT WARDWELL $1,274,426.00 $25,488.52 4021 054 004 009 000 054004009000 34 OAKWOOD DR WOODFORDS FAMILY SERVICES PO BOX 1768 PORTLAND ME 04104 PILOT 054‐004‐009‐000 34 OAKWOOD DR $41,819.00 $836.38 2075 032 116 000 000 032116000000 98 BEACH STREET WOODFORDS FAMILY SERVICES P.O. BOX 1768 PORTLAND ME 04104 PILOT BILL 2017 2869 038 086 000 000 038086000000 24 THORNTON AVE YORK COUNTY SHELTER PROGRAMS INC PO BOX 820 ALFRED ME 04002‐0820 PILOT $196.00 5068 072 010 000 000 072010000000 90 INDUSTRIAL PARK RD YORK CUMBERLAND ASSOC FOR HANDICAPPED PERSONS 619 BRIGHTON AVENUE PORTLAND ME 04102‐2323 PILOT BILLED THRU FINANCE 2441 034 009 000 000 034009000000 36 OCEAN PARK RD YORK CUMBERLAND ASSOC FOR HANDICAPPED PERSONS 619 BRIGHTON AVENUE C/O CREATIVE WORK SYSTEMS PORTLAND ME 04102‐2323 PILOT CREATIVE WORK SYSTEMS 4939 068 013 000 000 068013000000 339 NORTH ST YORK CUMBERLAND ASSOC FOR HANDICAPPED PERSONS DBA CREATIVE WORK SYSTEMS 619 BRIGHTON AVENUE PORTLAND ME 04102‐2323 PILOT CREATIVE WORK SYSTEMS 4147 054 134 000 000 054134000000 41 VILLAGE GREEN DR YORK CUMBERLAND ASSOC FOR HANDICAPPED PERSONS DBA CREATIVE WORK SYSTEMS 619 BRIGHTON AVENUE PORTLAND ME 04102‐2323 PILOT CREATIVE WORK SYSTEMS 4025 054 005 001 001 054005001001 1 VILLAGE GREEN DR #1 YORK CUMBERLAND ASSOC FOR HANDICAPPED PERSONS DBA CREATIVE WORK SYSTEMS 619 BRIGHTON AVENUE PORTLAND ME 04102‐2323 PILOT CREATIVE WORK SYSTEMS 1582 027 048 000 000 027048000000 18 LAWN AVE YORK CUMBERLAND ASSOC FOR HANDICAPPED PERSONS DBA CREATIVE WORK SYSTEM 619 BRIGHTON AVENUE PORTLAND ME 04102‐2323 PILOT CREATIVE WORK SYSTEMS 5848 092 010 002 000 092010002000 15 FENDERSON RD YORK CUMBERLAND ASSOC FOR HANDICAPPED PERSONS DBA CREATIVE WORK SYSTEMS 619 BRIGHTON AVE PORTLAND ME 04102 PILOT CREATIVE WORK SYSTEMS 3254 039 168 001 000 039168001000 15 NOTT ST YORK CUMBERLAND ASSOC FOR HANDICAPPED PERSONS DBA CREATIVE WORK SYSTEMS 619 BRIGHTON AVENUE PORTLAND ME 04102‐2323 PILOT CREATIVE WORK SYSTEMS 103514 052 022 001 000 052022001000 77 FOREST ST YORK CUMBERLAND ASSOCIATION FOR HANDICAPPED PERSONS DBA CREATIVE WORK SYSTEMS 619 BRIGHTON AVENUE PORTLAND ME 04102 PILOT CREATIVE WORK SYSTEMS $2,813.76

68 AGENDA ITEM: A Date: October 24, 2016

MEETING ITEM COMMENTARY

AGENDA ITEM: (Second and Final Reading) Proposed Zoning Ordinance Amendments pertaining to Shoreland Zoning, including Section 504. Nonconforming Structures; Section 7-1. Natural Resource Districts/Shoreland Performance Standards

STAFF RESOURCE: Bob Hamblen, City Planner; Dick Lambert, Code Enforcement

COUNCIL RESOURCE: Councilor Kevin Roche

BACKGROUND: These proposed Zoning Ordinance amendments would update Shoreland Zoning guidelines found in Articles 5 and 7.1, consistent with recent amendments approved by the Maine DEP. DEP staff has been asked to review the proposed changes, and should have comments by later this month. Formal acceptance of the changes by the DEP Commissioner will occur after Council action. The changes are best described as “housekeeping,” and are fairly minor in nature.

The Planning Board considered the proposed Ordinance amendments at its August 2 meeting, held a public hearing and received no comments, then made a positive recommendation for passage.

EXHIBITS: Section 7-1. Natural Resource Districts/Shoreland Performance Standards, amended Section 504-2. Reconstruction in Shoreland Zones, amended Exhibit Items were previously provided on 9/12/16 Memo from City Planner PB Minutes, Aug. 2, 2016

RECOMMENDATION: Staff recommends acceptance of the proposed amendments as drafted.

SUGGESTED MOTION:

“The City of Saco hereby Ordains and Approves the Second and Final Reading of the document titled, ‘Amendments to Zoning Ordinance Sections 504-2 and 7-1, dated September 12, 2016 October 24, 2016”

69 AGENDA ITEM: A Date: October 24, 2016 ‘Amendments to Zoning Ordinance Sections 504-2 and 7-1, and Articles 3 and 12 dated October 24 September 12, 2016’

(New language is underlined; language proposed for deletion is struck through.) (New language per DEP comments is both underlined and highlighted.)

Section 7-1

Natural Resource Districts/Shoreland Performance Standards

7.1-1. Purposes (Amended 6/29/09)

The purposes of this Article are to further the maintenance of safe and healthful conditions; to prevent and control water pollution; to protect fish spawning grounds, aquatic life, bird and other wildlife habitat; to protect buildings and lands from flooding and accelerated erosion; to protect archaeological and historic resources; to protect commercial fishing and maritime industries; to protect freshwater and coastal wetlands; to manage building sites, placement of structures and land uses; to conserve shore cover, and visual as well as actual points of access to inland and coastal waters; to conserve natural beauty and open space; and to anticipate and respond to the impacts of development in shoreland areas.

7.1-2. a. Applicability

The provisions of this Article apply to all land areas within 250 feet, horizontal distance, of the:

• Normal high water line of any great pond or river, • Upland edge of a coastal wetland, including all areas affected by tidal action, or • Upland edge of a freshwater wetland, and

All land areas within 75 feet, horizontal distance, of the normal high-water line of a stream.

b. Official Shoreland Zoning Map

The areas to which this Article is applicable are divided into the following districts as shown on the Zoning Map of the City of Saco, which is a part of this Ordinance: a. Resource Protection b. Saco River Overlay District c. Shoreland Overlay District d. Coastal Development Overlay District

70 AGENDA ITEM: A Date: October 24, 2016 Resource Protection

1. Areas within 250 feet, horizontal distance, of the upland edge of salt marshes and salt meadows that are rated “moderate” or “high” value by Maine Department of Inland Fisheries and Wildlife (MDIF&W) as of January 1, 1973; and areas within 250 feet, horizontal distance, of the upland edge of freshwater wetlands and wetlands associated with rivers, which are rated "moderate" or "high" value waterfowl and wading bird habitat, including nesting and feeding areas, by the MDIF&W, that are depicted on a GIS data layer maintained by either MDIF&W or the DEP as of December 31, 2008; and the area within one hundred (100) feet, horizontal distance, of the upland edge of the unrated mapped freshwater wetlands along Stackpole Creek and the Nonesuch River.

2. Land areas within the 100 year flood plains adjacent to tidal waters as shown on FEMA's Flood Insurance Rate Maps or Flood Hazard Boundary Maps.

3. Areas of two or more contiguous acres with sustained slopes of 20% or greater.

4. Areas of two (2) or more contiguous acres with hydric soils and supporting wetland vegetation that are not part of a freshwater or coastal wetland as defined, and that are not surficially connected to a water body during the period of normal high water.

5. Land areas adjacent to tidal waters that are subject to severe erosion or mass movement, such as steep coastal bluffs.

6. All land areas within seventy-five (75) feet, horizontal distance, of the normal high-water line of a stream.

7. All land area within 250', horizontal distance, from the following natural features:

Cascade Brook Falls Nonesuch River Fault Saco Heath

8. All land area known as Stratton Island, Bluff Island, Ram Island and Eagle Island.

9. All land area currently being used as general public access to tidal beaches or the Saco River.

10. All land area within one hundred (100) feet, horizontal distance, of Philips Spring, Seal Rock Spring, Heath Road Spring and Jenkins Road Spring.

71 AGENDA ITEM: A Date: October 24, 2016

11. Areas designated by federal, state or municipal government as natural areas of significance to be protected from development, including:

Ferry Beach State Park Rachel Carson Wildlife Preserve.

Saco River Overlay District

The Saco River Overlay District includes all lands subject to the jurisdiction of the Saco River Corridor Commission. The Overlay District includes all lands adjacent to the Saco River to a distance of five hundred (500) feet as measured on a horizontal plane from the mean high water line of the river or to the edge of the 100-year flood plain if the flood plain extends beyond five hundred (500) feet, up to a maximum of one thousand (1,000) feet from the mean high water line.

Shoreland Overlay District

The Shoreland Overlay District includes all lands subject to Shoreland Zoning as mandated by the State of Maine Mandatory Shoreland Zoning Act 38 M.R.S.A. § 435 et. seq. that are not included in the Resource Protection District or the Saco River Overlay District.

This Section also applies to any structure built on, over or abutting a dock, wharf or pier, or other structure extending beyond the normal high-water line of a water body or within a wetland. In addition, this Section applies to various areas listed on the State Register of Critical Areas. The provisions of this Article are in addition to the provisions of the underlying zone.

Coastal Development Overlay District

The Coastal Development Overlay District includes all lands subject to Shoreland Zoning as mandated by the State of Maine Mandatory Shoreland Zoning Act 38 M.R.S.A. § 435 et. seq. that are not included in the Resource Protection District, the Shoreland Overlay Zone or the Saco River Overlay District.

c. Effective Date

1. Effective Date of Ordinance and Ordinance Amendments. This Article, which was amended by the municipal legislative body on October ??, 2016 June 29, 2009, shall not be effective unless approved by the Commissioner of the Department of Environmental

72 AGENDA ITEM: A Date: October 24, 2016 Protection. A certified copy of the Article as amended, attested and signed by the Municipal Clerk, shall be forwarded to the Commissioner for approval. If the Commissioner fails to act on this Article amendment within forty-five (45) days of his/her receipt of the amendment, it shall be automatically approved.

Any application for a permit submitted to the municipality within the forty-five (45) day period shall be governed by the terms of this Article as amended if the amendment is approved by the Commissioner.

B. Repeal of Municipal Timber Harvesting Regulation. The municipal regulation of timber harvesting activities is repealed on the statutory date established under 38 M.R.S.A. section 438-B(5), at which time the State of Maine Department of Conservation’s Bureau of Forestry shall administer timber harvesting standards in the shoreland zone. On the date established under 38 M.R.S.A section 438-B(5), the following provisions of this Ordinance are repealed:

• Section 7.1-12. Timber Harvesting; • Section 410-15.13. RP Resource Protection District Selective timber harvesting according to a plan approved by a forester registered in the State of Maine on a non-commercial basis; and • Section 3. Definitions, the definition of “forest management activities”.

NOTE: The statutory date established under 38 M.R.S.A. section 438-B(5) is the effective date of state-wide timber harvesting standards. That date is “the first day of January of the 2nd year following the year in which the Commissioner of Conservation determines that at least 252 of the 336 municipalities identified by the Commissioner of Conservation as the municipalities with the highest acreage of timber harvesting activity on an annual basis for the period 1992-2003 have either accepted the state-wide standards or have adopted an ordinance identical to the state-wide standards.” 38 M.R.S.A. section 438-A(5) further provides that “the Commissioner of Conservation shall notify the Secretary of State in writing and advise the Secretary of the effective date of the state-wide standards.”

7.1-3. Land Use Standards

Activities within the districts subject to these requirements shall conform with the following additional dimensional requirements.

7.1-3.1 Minimum Lot Requirements

1. The minimum lot size and lot area per dwelling unit for uses in the Resource Protection District are set forth in Table 412-1.

2. The minimum lot size and minimum lot area per dwelling unit in the Saco River Overlay District shall be the requirements of the underlying district unless a larger lot is required by the Corridor Commission’s requirements.

73 AGENDA ITEM: A Date: October 24, 2016

3. The minimum lot size and minimum lot area per dwelling unit in the Shoreland Overlay District and the Coastal Development Overlay District shall be the requirements of the underlying district.

4. If more than one residential dwelling unit, principal governmental, institutional, commercial or industrial structure or use, or combination thereof, is constructed or established on a single parcel, all dimensional requirements shall be met for each additional dwelling unit, principal structure, or use.

7.1-3.2 Minimum Shorefront Requirements

1. Lots in the Resource Protection District shall have a minimum shore frontage of two hundred (200) feet.

2. Lots in the C-1 or R-1a Districts subject to the Saco River, Coastal Development Overlay or Shoreland Overlay provisions shall have a minimum shore frontage of one hundred fifty (150) feet.

3. Lots in all other districts subject to the Saco River, Coastal Development Overlay or Shoreland Overlay provisions shall have a minimum shore frontage of one hundred (100) feet.

7.1-3.3 Minimum Lot Width

Within one hundred (100) feet, horizontal distance, of the normal high water line of a water body or upland edge of a wetland, the minimum width of any portion of any lot shall be equal to or greater than the required shore frontage for the proposed use.

7.1-3.4 Maximum Height

Principal or accessory structures and expansions of existing structures which are permitted in the Resource Protection, Saco River Overlay, Shoreland Overlay, and Coastal Development Overlay Districts, shall not exceed thirty-five (35) feet in height. This provision shall not apply to structures such as transmission towers, windmills, antennas, and similar structures having no floor area. Cupolas, domes, widow’s walks or similar features shall be exempt.

74 AGENDA ITEM: A Date: October 24, 2016

7.1-4 Principal and Accessory Structures

1. All new principal and accessory structures shall be set back from the normal high-water line of freshwater bodies, the Maximum Spring High Tide Level (MHHW) of tidal waters, and the upland edge of a wetland, depending upon the district in which they are located as shown in Table 412-1.

2. The water body or wetland setback provision shall neither apply to structures which require direct access to the water as an operational necessity, such as piers, docks and retaining walls, nor to other functionally water-dependent uses.

3. The lowest floor elevation or openings of all buildings and structures including basements shall be elevated at least one foot three feet one foot above the elevation of the 100 year flood, the flood of record, or in the absence of these, the flood as defined by soil types identified as recent flood plain soils. Accessory structures may be placed in accordance with City Code Chapter 106. Floodplain Management, and need not meet the elevation requirements of this paragraph.

4. The total footprint area of all structures, parking lots and other non-vegetated surfaces within a resource protection district, shoreland overlay district, conservation district, or residential district shall not exceed twenty (20) percent of the lot or a portion thereof, located within the shoreland zone, including areas previously developed. In a business or industrial district including the B-5 Marine Business and Residential District, the total area of all structures, parking lots and other non-vegetated surfaces shall not exceed seventy (70) percent.

The total footprint area of all buildings shall not exceed twenty (20) percent of a lot, or a portion thereof located within the Coastal Development Overlay District.

With the exception of the B-4 and B-5 districts, non-vegetated surfaces shall not exceed a total of twenty (20) percent of the portion of the lot located within the shoreland zone. This limitation does not apply to public boat launching facilities regardless of the district in which the facility is located.

In the B-4 and B-5 districts located adjacent to coastal wetlands, or rivers that do not flow to great ponds, non-vegetated surfaces shall not exceed a total of seventy (70) percent of the portion of the lot located within the shoreland zone. The total developed area non- vegetated surface shall not exceed forty (40) percent of a lot or a portion thereof located within the Coastal Development Overlay District.

For the purposes of calculating lot coverage, non-vegetated surfaces include, but are not limited to the following: structures, driveways, parking areas, and other areas from which vegetation has been removed. Naturally occurring ledge and rock outcroppings are not counted as nonvegetated surfaces when calculating lot coverage for lots of record on March 24, 1990 and in continuous existence since that date.

75 AGENDA ITEM: A Date: October 24, 2016

For the purposes of this Article, a building is a structure designed for habitation, shelter, storage, or as a gathering place that has a roof. For the purposes of this rule, the foundation is considered to be a part of the building. A porch with a roof, attached to the exterior walls of a building, is considered part of the building.

The total developed area non-vegetated surface shall not exceed forty (40) percent of a lot, or a portion thereof located within the Coastal Development Overlay District. For the purposes of this Article, development is the alteration of property for human-related use including, but not limited to buildings, decks, driveways, parking areas, lawns, landscaped areas, and areas of non-native vegetation, and any other appurtenant facilities, but excluding temporary structures.

5. Notwithstanding the requirements stated above, stairways or similar structures may be allowed with a permit from the Code Enforcement Officer, to provide shoreline access in areas of steep slopes or unstable soils provided that the structure is limited to a maximum of four (4) feet in width; that the structure does not extend below or over the normal high- water line of a water body or upland edge of a wetland, (unless permitted by the Department of Environmental Protection pursuant to the Natural Resources Protection Act, 38 M.R.S.A. section 480-C); and that the applicant demonstrates that no reasonable access alternative exists on the property.

6. For principal structures, water and wetland setback measurements shall be taken from the top of a coastal bluff that has been identified on Coastal Bluff maps as being “highly unstable” or “unstable” by the Maine Geological Survey pursuant to its “Classification of Coastal Bluffs” and published on the most recent Coastal Bluff map. If the applicant and the permitting official(s) are in disagreement as to the specific location of a “highly unstable” or “unstable” bluff, or where the top of the bluff is located, the applicant may at his or her expense, employ a Maine Registered Professional Engineer, a Maine Certified Soil Scientist, a Maine State Geologist, or other qualified individual to make a determination. If agreement is still not reached, the applicant may appeal the matter to the Board of Appeals.

7. On a non-conforming lot of record on which only a residential structure exists, and on which it is not possible to place an accessory structure meeting the required setbacks whether from water body, tributary stream or wetlands, the Code Enforcement Officer may issue a permit to place a single accessory structure not to exceed eighty (80) square feet in area nor eight (8) feet in height, with no utilities, for the storage of yard tools and similar equipment. The accessory structure shall be located as far from the shoreline or tributary stream or wetland as practical and shall meet all other applicable standards, including lot coverage and vegetation clearing standards. The accessory structure shall not be located closer to the shoreline, tributary stream or wetland than the principal structure.

76 AGENDA ITEM: A Date: October 24, 2016 8. Retaining walls that are not necessary for erosion control shall meet the structure setback requirement, except for low retaining walls and associated fill, provided each of the following conditions are met:

a) The site has been previously altered and an effective vegetated buffer does not exist; b) The wall is at least 25 feet, horizontal distance, from the normal high-water line of a water body, tributary stream, or upland edge of a wetland; c) The site where the retaining wall will be constructed is legally existing lawn or is a site eroding from lack of naturally occurring vegetation, and which cannot be stabilized with vegetative plantings; d) The total height of the wall, in the aggregate, is not more than 24 inches; e) Location is outside the 100-year floodplain on rivers, streams, coastal wetlands, and tributary streams, as designated on the Federal Emergency Management Agency’s (FEMA) Flood Insurance Rate Maps or Flood Hazard Boundary Maps; f) The area behind the wall is revegetated with grass, shrubs, trees, or a combination thereof, and no further structural development will occur within the setback area, including patios and decks; and g) A vegetated buffer area is established within 25 feet, horizontal distance, of the normal high-water line of a water body, tributary stream, or upland edge of a wetland when a natural buffer area does not exist. The buffer area must meet the following characteristics: (i) The buffer must include shrubs and other woody and herbaceous vegetation. Where natural ground cover is lacking, leaf or bark mulch or an equivalent alternative acceptable to the Code Enforcement Officer shall be utilized; (ii) Plantings, native species only, shall be installed to retard erosion and provide for effective infiltration of stormwater runoff; (iii) A minimum buffer width of 15 feet, horizontal distance, is required, measured perpendicular to the normal high-water line or upland edge of a wetland (iv) A footpath no greater than four feet in width may traverse the buffer at a right angle.

(h) All permits required by the Maine DEP and/or other regional, state or federal agencies shall have been issued prior to the start of work.

Piers, Docks, Wharves, And Other Marine Structures Extending Over Or Below The Normal High-Water Line Of A Water Body, Or Within A Wetland

1. PERFORMANCE STANDARDS All applications for temporary piers, docks, wharves and other marine structures shall be reviewed by the Code Enforcement Officer, and all applications for permanent piers, docks, wharves and other marine structures shall be reviewed by the Planning Board. All such applications shall be reviewed for conformance with the following standards listed below. If the reviewing authority is unable to reach a decision using the criteria below due to either inconclusive or conflicting information, the reviewing authority will require the applicant

77 AGENDA ITEM: A Date: October 24, 2016 to submit an environmental impact analysis assessing the proposal's impact on natural areas, including impacts of the proposed structure in conjunction with other adjacent or abutting structures. The reviewing authority may also require that the proposal be modified to ensure conformance with the standards set forth below. Mitigation measures may include, but are not limited to, changes in the design and construction of the marine structure, or changes in magnitude, duration, and location of activities carried out at the marine structure. An application shall be approved by the reviewing authority if there is a finding that:

a) No more than one pier, dock, wharf or similar structure extending or located below the normal high-water line of a water body or within a wetland is allowed on a single lot; except that when a single lot contains at least twice the minimum shore frontage as specified in Section 7.1-3.2, a second structure may be allowed and may remain as long as the lot is not further divided.

ab) Access from the shore shall be developed on soils appropriate for such use, as determined through consultation with the local Soil and Water Conservation District Office. Whenever possible, access from the shore to the marine structure shall be placed on bedrock. Measures shall be taken to minimize soil erosion both during and after construction.

bc) The proposed location of the marine structure shall not unreasonably interfere with access to existing marine structures or points of public access, nor shall it unreasonably interfere with existing developed or natural beach areas.

cd) The marine structure shall be designed, sited, and constructed to mitigate unreasonable adverse impacts on significant wildlife habitats or unique natural areas including, but not limited to: fin fish and shellfish fisheries, salt marshes, eel grass beds, shorebird feeding and nesting habitats, critical fish spawning and nursery areas, etc.

de) Unreasonable interference with the natural flow of any surface or subsurface waters, or impedance of the flow of the current of any river or channel shall be minimized during the construction and subsequent use of the marine structure.

ef) The marine structure shall be designed, sited, and constructed so as not to encroach upon Federally designated navigation channels or mooring areas or otherwise obstruct by any means whatsoever the free use of piers, docks, and other common landing places.

fg) The marine structure shall be no larger than necessary to accomplish the purposes for which it is designed, notwithstanding the dimensional limits listed below. Its size and construction shall not change the intensity of the adjoining land use, and by no means shall exceed a total distance of more than 1/3 the width of the water body, when proposed for coastal or inland waterways. The applicant may request

78 AGENDA ITEM: A Date: October 24, 2016 a variance from the dimensional requirements due to the additional requirement of handicap access or unusual wind or wave conditions.

Max. Width Max. Length

Private Piers Six (6) ft. 100 ft.*

Commercial Piers Twelve (12) ft. 100 ft.*

Ramps Four (4) ft. As appropriate

Docks, Floats 200 sq. ft * landward of the mean low water line gh) New subdivisions that propose docks as part of the subdivision, shall provide a community dock in lieu of the development of docks on individual lots. The applicant may request a variance for additional community docks provided a demonstrated need can be shown for the additional facilities. hi) No new structure shall be built on, over or abutting a pier, wharf, dock or other structure extending beyond the normal high-water line of a water body or within a wetland unless the structure requires direct access to the water as an operational necessity. ij) No existing structures built on, over or abutting a pier, dock, wharf or other structure extending beyond the normal high-water line of a water body or within a wetland shall be converted to residential dwelling units in any district. jk) Except in business districts including the Marine Business and Residential District, structures built on, over or abutting a pier, wharf, dock or other structures extending beyond the normal high-water line of a water body or within a wetland shall not exceed twenty (20) feet in height above the pier, wharf, dock or other structure. kl) New permanent piers and docks on non-tidal waters shall not be permitted unless it is clearly demonstrated to the Planning Board that a temporary pier or dock is not feasible, and a permit has been obtained from the Department of Environmental Protection, pursuant to the Natural Resources Protection Act. m) Vegetation may be removed in excess of the standards in Section 7.1-13 of this ordinance in order to conduct shoreline stabilization of an eroding shoreline, provided that a permit is obtained from the Planning Board. Construction equipment must access the shoreline by barge when feasible as determined by the Planning Board.

79 AGENDA ITEM: A Date: October 24, 2016 (ai) When necessary, the removal of trees and other vegetation to allow for construction equipment access to the stabilization site via land must be limited to no more than 12 feet in width. When the stabilization project is complete the construction equipment accessway must be restored.

(bii) Revegetation must occur in accordance with Section 7.1-13.

(ciii)A permit pursuant to the Natural Resource Protection Act is required from the Department of Environmental Protection for Shoreline Stabilization activities. n) A deck over a river may be exempted from the shoreland setback requirements if it is part of a downtown revitalization project that is defined in a project plan approved by the legislative body of the municipality, and may include the revitalization of structures formerly used as mills that do not meet the structure setback requirements, if the deck meets the following requirements:

(a) The total deck area attached to the structure does not exceed 700 square feet;

(b) The deck is cantilevered over a segment of a river that is located within the boundaries of the downtown revitalization project;

(c) The deck is attached to or accessory to an allowed commercial use in a structure that was constructed prior to 1971 and is located within the downtown revitalization project;

(d) The construction of the deck complies with all other applicable standards, except the shoreline setback requirements in Section 7.1-4; and

(e) The construction of the deck complies with all other state and federal laws. New permanent structures, and expansions thereof, projecting into or over water bodies shall require a permit from the Department of Environmental Protection pursuant to the Natural Resources Protection Act, 38 M.R.S.A. section 480-C. Permits may also be required from the Army Corps of Engineers if located in navigable waters.

2. APPLICATION SUBMISSION REQUIREMENTS In addition to the information listed in Article XI of this Ordinance, Site Plan Review, all applications shall contain the following information: a) A photocopy of relevant locational maps indicating the site of the project; b) Site plan, plan and section drawings (to scale) of the proposed structure, including an indication on separate scale drawings of any shoreline stabilization or other modification required by the project; c) A complete list of materials to be used, including a list of all intended coatings (paint, etc) for all proposed marine structures.

80 AGENDA ITEM: A Date: October 24, 2016 7.1- 6. Campgrounds

Campgrounds shall conform to the minimum requirements imposed under State Licensing procedures, Section 703 of this Ordinance, and the following: 1. Campgrounds shall contain a minimum of five thousand (5,000) square feet of land, not including roads and driveways, for each site. Land supporting wetland vegetation, and land below the normal high-water line of a water body shall not be included in calculating land area per site. 2. The areas intended for placement of a recreational vehicle, tent or shelter, and utility and service buildings shall be set back a minimum of seventy-five (75) feet, horizontal distance, from the normal high-water line of water bodies, tributary streams, or the upland edge of a wetland.

7.1- 7. Parking Areas

1. In addition to the requirements of Section 708 of this Ordinance, parking areas shall meet the shoreline and tributary stream setback requirements for structures for the district in which such areas are located, except that in the Marine Business and Residential District parking areas shall be set back at least twenty-five (25) feet from the normal high-water line or the upland edge of a wetland. The setback requirement for parking areas serving public boat launching facilities in other districts may be reduced to no less than fifty (50) feet from the normal high-water line or upland edge of a wetland if the Planning Board finds that no other reasonable alternative exists. 2. Parking areas shall be designed to prevent stormwater runoff from flowing directly into a water body, and where feasible, to retain all runoff on-site. 3. All parking spaces shall be nine (9) feet wide and eighteen (18) feet long, except that parking spaces for a vehicle and boat trailer shall be forty (40) feet long.

7.1-9. Roads And Driveways

The following standards shall apply to the construction of roads and/or driveways and drainage systems, culverts and other related features.

1. Roads and driveways shall be set back at least seventy-five (75) feet, horizontal distance, from the normal high-water line of water bodies, tributary streams, or the upland edge of a wetland unless no reasonable alternative exists as determined by the Planning Board. If no other reasonable alternative exists, the road and/or driveway setback requirement shall be no less than fifty (50) feet, horizontal distance, upon clear showing by the applicant that appropriate techniques will be used to prevent sedimentation of the water body. Such techniques may include, but are not limited to, the installation of settling basins, and/or the effective use of additional ditch relief culverts and turnouts placed so as to avoid sedimentation of the water body, tributary stream, or wetland. On slopes of greater than twenty (20) percent the road and/or driveway setback shall be increased by ten (10) feet, horizontal distance, for each five (5) percent increase in slope above twenty (20) percent.

81 AGENDA ITEM: A Date: October 24, 2016 This paragraph shall neither apply to approaches to water crossings nor to roads or driveways that provide access to permitted structures, and facilities located nearer to the shoreline due to an operational necessity.

2. Existing public roads may be expanded within the legal road right-of-way regardless of its setback from a water body, tributary stream or wetland. 3. New roads and driveways are prohibited in a Resource Protection District except to provide access to permitted uses within the district, or as approved by the Planning Board upon a finding that no reasonable alternative route or location is available outside the district, in which case the road and/or driveway shall be set back as far as practicable from the normal high-water line of a water body, tributary stream, or upland edge of a wetland.

4. Road and driveway banks shall be no steeper than a slope of two (2) horizontal to one (1) vertical, and shall be graded and stabilized in accordance with the provisions for erosion and sedimentation control contained in Section 7.1-13.

5. Road and driveway grades shall be no greater than ten (10) percent except for short segments of less than two hundred (200) feet.

6. In order to prevent road and driveway surface drainage from directly entering water bodies, tributary streams or wetlands, roads and driveways shall be designed, constructed, and maintained to empty onto an unscarified buffer strip at least (50) feet plus two times the average slope, in width between the outflow point of the ditch or culvert and the normal high-water line of a water body, tributary stream, or upland edge of a wetland. Surface drainage which is directed to an unscarified buffer strip shall be diffused or spread out to promote infiltration of the runoff and to minimize channelized flow of the drainage through the buffer strip.

7. Ditch relief (cross drainage) culverts, drainage dips and water turnouts shall be installed in a manner effective in directing drainage onto unscarified buffer strips before the flow gains sufficient volume or head to erode the road, driveway or ditch. To accomplish this, the following shall apply:

a. Ditch relief culverts, drainage dips and associated water turnouts shall be spaced along the road or driveway at intervals no greater than indicated in the following table:

Grade (Percent) Spacing (Feet)

0–2 250 3–5 200–135 6–10 100–80 11–15 80–60 16–20 60–45 21+ 40

82 AGENDA ITEM: A Date: October 24, 2016

b. Drainage dips may be used in place of ditch relief culverts only where the grade is ten (10) percent or less.

c. On sections having slopes greater than ten (10) percent, ditch relief culverts shall be placed at approximately a thirty (30) degree angle down slope from a line perpendicular to the centerline of the road or driveway.

d. Ditch relief culverts shall be sufficiently sized and properly installed in order to allow for effective functioning, and their inlet and outlet ends shall be established with appropriate materials.

8. Ditches, culverts, bridges, dips, water turnouts and other storm water runoff control installations associated with roads and driveways shall be maintained on a regular basis to assure effective functioning.

7.1-10 Mineral Exploration and Extraction

Mineral exploration to determine the nature or extent of mineral resources shall be accomplished by hand sampling, test boring, or other methods which create minimal disturbance of less than one hundred (100) square feet of ground surface. A permit from the Code Enforcement Officer shall be required for mineral exploration which exceeds the above limitation. All excavations, including test pits and holes shall be immediately capped, filled or secured by other equally effective measures, so as to restore disturbed areas and to protect the public health and safety.

Mineral extraction may be permitted under the following conditions:

1. A reclamation plan shall be filed with, and approved by the Planning Board before a permit is granted. Such plan shall describe in detail procedures to be undertaken to fulfill the requirements of paragraph 4 below.

2. No part of any extraction operation, including drainage and runoff control features shall be permitted within seventy-five (75) feet, horizontal distance, of the normal high-water line of any water body, tributary stream, or the upland edge of a wetland. Extraction operations shall not be permitted within one hundred and fifty (150) feet, horizontal distance, of any property line.

3. Gravel pits within the shoreland zone shall be set back as far as practicable from the normal high-water line and no less than seventy-five (75) feet and screened from the river by existing or planted landscaping vegetation.

4. Within twelve (12) months following the completion of extraction operations at any extraction site, which operations shall be deemed complete when less than one hundred (100) cubic yards of materials are removed in any consecutive

83 AGENDA ITEM: A Date: October 24, 2016 twelve (12) month period, ground levels and grades shall be established in accordance with the following:

a. All debris, stumps, and similar material shall be removed for disposal in an approved location, or shall be buried on-site. Only materials generated on-site may be buried or covered on-site. b. The final graded slope shall be two to one (2:1) slope or flatter. c. Top soil or loam shall be retained to cover all disturbed land areas, which shall be reseeded and stabilized with vegetation native to the area. Additional topsoil or loam shall be obtained from off-site sources if necessary to complete the stabilization project.

5. In keeping with the purposes of this Ordinance, the Planning Board may impose such conditions as are necessary to minimize the adverse impacts associated with mineral extraction operations on surrounding uses and resources.

7.1-11. Agriculture

1. All spreading of manure shall be accomplished in conformance with the Manure Utilization Guidelines published by the former Maine Department of Agriculture on November 1, 2001, and the Nutrient Management Law (7 M.R.S.A. sections 4201-4209.

2. Manure shall not be stored or stockpiled within three hundred (300) feet horizontal distance, of a water body, tributary stream, or wetland. All manure storage areas within the shoreland zone must be constructed or modified such that the facility produces no discharge of effluent or contaminated storm water.

3. Agricultural activities involving tillage of soil greater than forty thousand (40,000) square feet in surface area, within the shoreland zone shall require a Conservation Plan to be filed with the Planning Board. Non-conformance with the provisions of said plan shall be considered to be a violation of this Ordinance.

4. There shall be no new tilling of soil within seventy-five (75) feet, horizontal distance, from water bodies; nor within twenty-five (25) feet, horizontal distance, of tributary streams, and wetlands. Operations in existence on the effective date of this ordinance and not in conformance with this provision may be maintained, provided that such tilling is conducted in accordance with a Soil and Water Conservation Plan.

5. Newly established livestock grazing areas shall not be permitted within seventy-five (75) feet, horizontal distance, of water bodies, nor within twenty-five (25) feet, horizontal distance of tributary streams, and wetlands. Livestock grazing associated with on-going farm activities, and which are not in conformance with the above setback provisions may continue, provided that such grazing is conducted in accordance with a Conservation Plan that has been filed with the planning board.

7.1-12. Timber Harvesting Reserved.

84 AGENDA ITEM: A Date: October 24, 2016

1. Timber harvesting shall conform with the following provisions:

a. Selective cutting of no more than forty (40) percent of the total volume of trees four (4) inches or more in diameter measured at 4 1/2 feet above ground level on any lot in any ten (10) year period is permitted. In addition:

i. Within seventy-five (75) feet, horizontal distance, of the normal high- water line of water bodies, tributary streams, or the upland edge of a wetland, there shall be no clearcut openings and a well-distributed stand of trees and other vegetation, including existing ground cover, shall be maintained. ii. At distances greater than seventy-five (75) feet, horizontal distance, of the normal high-water line of water bodies or the upland edge of a wetland, harvesting operations shall not create single clear cut openings greater than ten-thousand (10,000) square feet in the forest canopy. Where such openings exceed five-thousand (5,000) square feet, they shall be at least one hundred (100) feet, horizontal distance, apart. Such clearcut openings shall be included in the calculation of total volume removal. Volume may be considered to be equivalent to basal area. b. No accumulation of slash shall be left within fifty (50) feet, horizontal distance, of the normal high-water line of a water body. In all other areas slash shall either be removed or disposed of in such a manner that it lies on the ground and no part thereof extends more than four (4) feet above the ground. Any debris that falls below the normal high-water line of a water body or tributary stream shall be removed. c. Timber harvesting equipment shall not use stream channels as travel routes except when:

i. Surface waters are frozen; and ii. The activity will not result in any ground disturbance. d. All crossings of flowing water shall require a bridge or culvert, except in areas with low banks and channel beds which are composed of gravel, rock or similar hard surface which would not be eroded or otherwise damaged.

e. Skid trail approaches to water crossings shall be located and designed so as to prevent water runoff from directly entering the water body or tributary stream. Upon completion of timber harvesting, temporary bridges and culverts shall be removed and areas of exposed soil re-vegetated. f. Except for water crossings, skid trails and other sites where the operation of machinery used in timber harvesting results in the exposure of mineral soils, shall be located such that an unscarified strip of vegetation of at least seventy-five (75) feet, horizontal distance, in width for slopes up to ten (10) percent shall be retained between the exposed mineral soil and the normal high-water line of a water body or upland edge of a wetland. For each ten (10) percent increased slope, the unscarified strip shall be increased by twenty (20) feet, horizontal

85 AGENDA ITEM: A Date: October 24, 2016 distance. The provisions of this paragraph apply only to a face sloping toward the water body or wetland, provided, however, that no portion of such exposed mineral soil on a back face shall be closer than twenty five (25), horizontal distance, feet from the normal high-water line of a water body or upland edge of a wetland.

7.1-13. Clearing or Removal of Vegetation For Activities Other Than Timber Harvesting

1. Within a Resource Protection District, the cutting or removal of vegetation shall be limited to that which is necessary for uses expressly authorized in that district and shall be demonstrated on a lot clearing plan to be presented to the CEO or Planning Board as appropriate. 2. In areas that are not in RP, except to allow for the development of permitted uses, within seventy-five (75) feet, horizontal distance, from any water body, tributary stream, or the upland edge of a wetland, a buffer strip of vegetation shall be preserved as follows:

a. There shall be no cleared opening greater than two hundred fifty (250) square feet in the forest canopy (or other existing woody vegetation if a forested canopy is not present) as measured from the outer limits of the tree or shrub crown. However, a single footpath not to exceed six (6) feet in width as measured between tree trunks and/or shrub stems is allowed for accessing the shoreline provided that a cleared line of sight to the water through the buffer strip is not created. b. Selective cutting of trees within the buffer strip is allowed provided that a well distributed stand of trees and other natural vegetation is maintained. For the purposes of this section, a "well-distributed stand of trees" adjacent to water bodies, tributary streams, and wetlands, is defined as maintaining a minimum rating score of 16 or more per 25-foot by 50-foot rectangular area (1250 square feet) as determined by the following rating system.

Diameter of Tree at 4-1/2 feet Above Ground Points Level (inches) 2 - <4 in. 1 4 - <8 in. 2 8 - <12 in. 4 12 in. or greater 8

c. For the purposes of Section 7.1-13.2.b “other natural vegetation” is defined as retaining existing vegetation under three (3) feet in height and other ground cover and retaining at least five (5) saplings less then two (2) inches in diameter at four and one-half (4 ½) feet above ground level for each 25-foot by 50-foot rectangular area. If five (5) saplings do not exist, no woody stems less than two (2) inches in diameter can be removed until 5 saplings have been recruited into the plot.

86 AGENDA ITEM: A Date: October 24, 2016 Notwithstanding the above provisions, no more than forty (40) percent of the total volume of trees four (4) inches or more in diameter, measured at 4 1/2 feet above ground level may be removed in any ten (10) year period.

d. Pruning of tree branches, on the bottom 1/3 of the tree is allowed.

e. In order to maintain a buffer strip of vegetation, when the removal of storm- damaged, diseased, unsafe, or dead or hazard trees results in the creation of cleared openings, these openings shall be replanted with native tree species unless existing new tree growth is present.

f. In order to protect water quality and wildlife habitat, existing vegetation under three (3) feet in height and other ground cover, including leaf litter and the forest duff layer, shall not be cut, covered, or removed, except to provide for a footpath or other permitted uses as described above.

g. In order to maintain the vegetation in the shoreline buffer, clearing or removal of vegetation for allowed activities, including associated construction and related equipment operation, within or outside the shoreline buffer, must comply with the requirements of Section 7.1-13.

The provisions contained in paragraph 2 above shall not apply to those portions of public recreational facilities adjacent to public swimming areas. Cleared areas, however, shall be limited to the minimum area necessary.

3. At distances greater than seventy-five (75) feet, horizontal distance, from the normal high-water line of any water body, tributary stream, or the upland edge of a wetland, there shall be allowed on any lot, in any ten (10) year period, selective cutting of not more than forty (40) percent of the volume of trees four (4) inches or more in diameter, measured 4 1/2 feet above ground level. Tree removal in conjunction with the development of permitted uses shall be included in the forty (40) percent calculation. For the purposes of these standards, volume may be considered to be equivalent to basal area.

In no event shall cleared openings for any purpose, including but not limited to, principal and accessory structures, driveways, lawns and sewage disposal areas, exceed in the aggregate, 25% of the lot area within the shoreland zone or ten thousand (10,000) square feet, whichever is greater, including land previously cleared. This provision applies to the portion of a lot within the shoreland zone, including the buffer area, but shall not apply to industrial or business districts including the Marine Business and Residential District (B-5).

4. Legally existing nonconforming cleared openings may be maintained, but shall not be enlarged, except as allowed by this Section.

5. Fields and other cleared openings which have reverted to primarily shrubs, trees, or other woody vegetation shall be regulated under the provisions of this section.

87 AGENDA ITEM: A Date: October 24, 2016

7.1-14. Hazard Trees, Storm-Damaged Trees, and Dead Tree Removal.

(1) Hazard trees in the shoreland zone may be removed without a permit after consultation with the Code Enforcement Officer if the following requirements are met:

(a) Within the shoreline buffer, if the removal of a hazard tree results in a cleared opening in the tree canopy greater than two hundred and fifty (250) square feet, replacement with native tree species is required, unless there is new tree growth already present. New tree growth must be as near as practicable to where the hazard tree was removed and be at least two (2) inches in diameter, measured at four and one half (4.5) feet above the ground level. If new growth is not present, then replacement trees shall consist of native species and be at least four (4) feet in height, and be no less than two (2) inches in diameter. Stumps may not be removed.

(b) Outside of the shoreline buffer, when the removal of hazard trees exceeds forty (40) percent of the volume of trees four (4) inches or more in diameter, measured at four and one half (4.5) feet above ground level in any ten (10) year period, and/or results in cleared openings exceeding twenty-five (25) percent of the lot area within the shoreland zone, or ten thousand (10,000) square feet, whichever is greater, replacement with native tree species is required, unless there is new tree growth already present. New tree growth must be as near as practicable to where the hazard tree was removed and be at least two (2) inches in diameter, measured at four and one half (4.5) feet above the ground level. If new growth is not present, then replacement trees shall consist of native species and be at least two (2) inches in diameter, measured at four and one half (4.5) feet above the ground level.

(c) The removal of standing dead trees, resulting from natural causes, is permissible without the need for replanting or a permit, as long as the removal does not result in the creation of new lawn areas, or other permanently cleared areas, and stumps are not removed. For the purposes of this provision dead trees are those trees that contain no foliage during the growing season.

(d) The Code Enforcement Officer may require the property owner to submit an evaluation from a licensed forester or arborist before any hazard tree can be removed within the shoreland zone.

(e) The Code Enforcement Officer may require more than a one–for-one replacement for hazard trees removed that exceed eight (8) inches in diameter measured at four and one half (4.5) feet above the ground level.

88 AGENDA ITEM: A Date: October 24, 2016 (2) Storm-damaged trees in the shoreland zone may be removed without a permit after consultation with the Code Enforcement Officer if the following requirements are met:

(a) Within the shoreline buffer, when the removal of storm-damaged trees results in a cleared opening in the tree canopy greater than two hundred and fifty (250) square feet, replanting is not required, but the area shall be required to naturally revegetate, and the following requirements must be met:

(i) The area from which a storm-damaged tree is removed does not result in new lawn areas, or other permanently cleared areas;

(ii) Stumps from the storm-damaged trees may not be removed;

(iii)Limbs damaged from a storm event may be pruned even if they extend beyond the bottom one-third (1/3) of the tree; and

(iv) If after one growing season, no natural regeneration or regrowth is present, replanting of native tree seedlings or saplings is required at a density of one seedling per every eighty (80) square feet of lost canopy.

(b) Outside of the shoreline buffer, if the removal of storm damaged trees exceeds 40% of the volume of trees four (4) inches or more in diameter, measured at four and one half (4.5) feet above the ground level in any ten (10) year period, or results, in the aggregate, in cleared openings exceeding 25% of the lot area within the shoreland zone or ten thousand (10,000) square feet, whichever is greater, and no natural regeneration occurs within one growing season, then native tree seedlings or saplings shall be replanted on a one-for-one basis.

7.1-15. Exemptions to Clearing and Vegetation Removal Requirements

The following activities are exempt from the clearing and vegetation removal standards set forth in Section 7.1-13 15(P), provided that all other applicable requirements of this chapter are complied with, and the removal of vegetation is limited to that which is necessary:

(1) The removal of vegetation that occurs at least once every two (2) years for the maintenance of legally existing areas that do not comply with the vegetation standards in this chapter, such as but not limited to cleared openings in the canopy or fields. Such areas shall not be enlarged, except as allowed by this section. If any of these areas, due to lack of removal of vegetation every two (2) years, reverts back to primarily woody vegetation, the requirements of Section 7.1-13 15(P) apply;

(2) The removal of vegetation from the location of allowed structures or allowed uses, when the shoreline setback requirements of Table 412-1 section 15(B) are not applicable;

89 AGENDA ITEM: A Date: October 24, 2016 (3) The removal of vegetation from the location of public swimming areas associated with an allowed public recreational facility;

(4) The removal of vegetation associated with allowed agricultural uses, provided best management practices are utilized, and provided all requirements of section 7.1-11 15(N) are complied with;

(5) The removal of vegetation associated with brownfields or voluntary response action program (VRAP) projects provided that the removal of vegetation is necessary for remediation activities to clean-up contamination on a site in a general development district, commercial fisheries and maritime activities district or other equivalent zoning district approved by the Commissioner that is part of a state or federal brownfields program or a voluntary response action program pursuant 38 M.R.S.A section 343-E, and that is located along:

(a) A coastal wetland; or

(b) A river that does not flow to a great pond classified as GPA pursuant to 38 M.R.S.A section 465-A.

(6) The removal of non-native invasive vegetation species, provided the following minimum requirements are met:

(a) If removal of vegetation occurs via wheeled or tracked motorized equipment, the wheeled or tracked motorized equipment is operated and stored at least twenty- five (25) feet, horizontal distance, from the shoreline, except that wheeled or tracked equipment may be operated or stored on existing structural surfaces, such as pavement or gravel;

(b) Removal of vegetation within twenty-five (25) feet, horizontal distance, from the shoreline occurs via hand tools; and

(c) If applicable clearing and vegetation removal standards are exceeded due to the removal of non-native invasive species vegetation, the area shall be revegetated with native species to achieve compliance.

(7) The removal of vegetation associated with emergency response activities conducted by the Department, the U.S. Environmental Protection Agency, the U.S. Coast Guard, and their agents.

7.1-16. Revegetation Requirements.

When revegetation is required in response to violations of the vegetation standards set forth in Section 7.1-13 15(P), to address the removal of non- native invasive species of vegetation, or as a mechanism to allow for development that may otherwise not be permissible due to the

90 AGENDA ITEM: A Date: October 24, 2016 vegetation standards, including removal of vegetation in conjunction with a shoreline stabilization project, the revegation must comply with the following requirements.

(1) The property owner must submit a revegetation plan, prepared with and signed by a qualified professional, that describes revegetation activities and maintenance. The plan must include a scaled site plan, depicting where vegetation was, or is to be removed, where existing vegetation is to remain, and where vegetation is to be planted, including a list of all vegetation to be planted.

(2) Revegetation must occur along the same segment of shoreline and in the same area where vegetation was removed and at a density comparable to the pre-existing vegetation, except where a shoreline stabilization activity does not allow revegetation to occur in the same area and at a density comparable to the pre-existing vegetation, in which case revegetation must occur along the same segment of shoreline and as close as possible to the area where vegetation was removed:

(3) If part of a permitted activity, revegetation shall occur before the expiration of the permit. If the activity or revegetation is not completed before the expiration of the permit, a new revegetation plan shall be submitted with any renewal or new permit application.

(4) Revegetation activities must meet the following requirements for trees and saplings:

(a) All trees and saplings removed must be replaced with native noninvasive species;

(b) Replacement vegetation must at a minimum consist of saplings;

(d) No one species shall make up 50% or more of the number of trees and saplings planted;

(e) If revegetation is required for a shoreline stabilization project, and it is not possible to plant trees and saplings in the same area where trees or saplings were removed, then trees or sapling must be planted in a location that effectively reestablishes the screening between the shoreline and structures; and

(f) A survival rate of at least eighty (80) percent of planted trees or saplings is required for a minimum five (5) years period.

(5) Revegetation activities must meet the following requirements for woody vegetation and other vegetation under three (3) feet in height:

91 AGENDA ITEM: A Date: October 24, 2016 (a) All woody vegetation and vegetation under three (3) feet in height must be replaced with native noninvasive species of woody vegetation and vegetation under three (3) feet in height as applicable;

(b) Woody vegetation and vegetation under three (3) feet in height shall be planted in quantities and variety sufficient to prevent erosion and provide for effective infiltration of stormwater;

(c) If more than three (3) woody vegetation plants are to be planted, then at least three (3) different species shall be planted;

(d) No one species shall make up 50% or more of the number of planted woody vegetation plants; and

(e) Survival of planted woody vegetation and vegetation under three feet in height must be sufficient to remain in compliance with the standards contained within this chapter for minimum of five (5) years

(6) Revegetation activities must meet the following requirements for ground vegetation and ground cover:

(a) All ground vegetation and ground cover removed must be replaced with native herbaceous vegetation, in quantities and variety sufficient to prevent erosion and provide for effective infiltration of stormwater;

(b) Where necessary due to a lack of sufficient ground cover, an area must be supplemented with a minimum four (4) inch depth of leaf mulch and/or bark mulch to prevent erosion and provide for effective infiltration of stormwater; and

(c) Survival and functionality of ground vegetation and ground cover must be sufficient to remain in compliance with the standards contained within this chapter for minimum of five (5) years.

7.1-1714. Erosion and Sedimentation Control

1. All activities which involve filling, grading, excavation or other similar activities which result in unstabilized soil conditions and which require a permit shall also require a written soil erosion and sedimentation control plan. The plan shall be submitted to the permitting authority for approval and shall include, where applicable, provisions for:

a. Mulching and re-vegetation of disturbed soil. b. Temporary runoff control features such as hay bales, silt fencing or diversion ditches.

92 AGENDA ITEM: A Date: October 24, 2016 c. Permanent stabilization structures such as retaining walls or riprap.

2. In order to create the least potential for erosion, development shall be designed to fit with the topography and soils of the site. Areas of steep slopes where high cuts and fills may be required shall be avoided wherever possible, and natural contours shall be followed as closely as possible.

3. Erosion and sedimentation control measures shall apply to all aspects of a proposed project involving land disturbance, and shall be in operation during all stages of the activity. The amount of exposed soil at every phase of construction shall be minimized to reduce the potential for erosion.

4. Any exposed ground area shall be temporarily or permanently stabilized within one (1) week from the time it was last actively worked, by use of riprap, sod, seed, and mulch, or other effective measures. In all cases permanent stabilization shall occur within nine (9) months of the initial date of exposure. In addition:

a. Where mulch is used, it shall be applied at a rate of at least one (1) bale per five hundred (500) square feet and shall be maintained until a catch of vegetation is established. b. Anchoring the mulch with netting, peg and twine or other suitable method may be required to maintain the mulch cover. c. Additional measures shall be taken where necessary in order to avoid siltation into the water. Such measures may include the use of staked hay bales and/or silt fences.

5. Natural and man-made drainage ways and drainage outlets shall be protected from erosion from water flowing through them. Drainage ways shall be designed and constructed in order to carry water from twenty-five (25) year storm or greater, and shall be stabilized with vegetation or lined with riprap. (Amended 4/3/02)

7.1-18.5 Septic Waste Disposal

All subsurface sewage disposal systems shall be installed in conformance with the State of Maine Subsurface Wastewater Disposal Rules, and the following:

a) Clearing or removal of woody vegetation necessary to site a new system and any associated fill extension, shall not extend closer than seventy-five (75) feet, horizontal distance, from the normal high water line of a water body or the upland edge of a wetland; b) A holding tank is not allowed for a first-time residential use in the shoreland zone.

93 AGENDA ITEM: A Date: October 24, 2016 7.1-196 Soils

All land uses shall be located on soils in or upon which the proposed uses or structures can be established or maintained without causing adverse environmental impacts, including severe erosion, mass soil movement, improper drainage, and water pollution, whether during or after construction. Proposes uses requiring subsurface wastewater disposal, and commercial or industrial development and other similar intensive land uses, shall require a soils report based on an on-site investigation and be prepared by state-certified professionals. Certified persons may include Maine Certified Soils Scientists, Maine Registered Professional Engineers, Maine State Certified Geologists and other persons who have training and experience in the recognition and evaluation of soil properties. The report shall be based upon the analysis of the characteristics of the soil and surrounding land and water areas, maximum ground water elevation, presence of ledge, drainage conditions, and other pertinent data which the evaluator deems appropriate. The soils report shall include recommendations for a proposed use to counteract soil limitations where they exist.

7.1-2017 Water Quality

No activity shall deposit on or into the ground or discharge to the water of the State any pollutant that, by itself or in combination with other activities or substances, will impair designated uses of the water classification of the water body, tributary stream or wetland.

7.1-2118 Archaeological Site

Any proposed land use activity involving structural development or soil disturbance on or adjacent to sites listed on, or eligible to be listed on the National Register of Historic Places, as determined by the permitting authority, shall be submitted by the applicant to the Maine Historic Preservation Commission for review and comment, at least twenty (20) days prior to action being taken by the permitting authority. The permitting authority shall consider comments received from the Authority prior to rendering a decision on the application.

(Note: The Maine DEP issued Department Order #80-09 conditionally approving the Saco Zoning Ordinance as adopted on June 29, 2009, with a single condition: that the italicized text in the paragraph below be deleted. This condition is reflected in the text of Section 7.1).

Resource Protection

The RP District shall include the areas shown as RP on the Official Zoning Map and the following areas when they occur within the limits of the shoreland zone as mandated by the State of Maine Mandatory Shoreland Zoning Act 38 M.R.S.A. § 435 et. seq., except that areas which are currently developed or lots that appear on a recorded subdivision plan which has obtained municipal approval and Site Location of Development approval or an NRPA permit prior to the effective date of this amendment need not be included within the Resource Protection District:

94 AGENDA ITEM: A Date: October 24, 2016 504-2. RECONSTRUCTION IN SHORELAND ZONES Any non-conforming building or structure which is removed, damaged or destroyed, regardless of the cause, by more than 50% of the market value of the structure before such damage, destruction or removal, may be reconstructed or replaced provided that a permit is obtained within eighteen (18) months of the date of said damage, destruction or removal, and provided that such reconstruction or replacement is in compliance with all dimensional requirements of this Ordinance to the greatest extent practical as determined by the Planning Board in accordance with the purposes of this Ordinance. In no case shall a structure be reconstructed or replaced so as to increase its non-conformity.

If the reconstructed or replacement structure is less than the required setback it shall not be any larger than the original structure, except as allowed pursuant to Section 504-1(3)above, as determined by the non-conforming floor area and volume floor area and volume footprint of the reconstructed or replaced structure at its new location. If the total floor area and volume amount of floor area and volume footprint of the original structure can be relocated or reconstructed beyond the required setback area, no portion of the relocated or reconstructed structure shall be replaced or constructed at less than the setback requirement for a new structure. When it is necessary to remove vegetation in order to replace or reconstruct a structure, vegetation shall be replanted in accordance with Section 504-4.

Any non-conforming structure which is located less than the required setback from a water body, tributary stream, or wetland and which is removed by 50% or less of the market value, or damaged or destroyed by 50% or less of the market value of the structure, excluding normal maintenance and repair, may be reconstructed in place if a permit is obtained from the Code Enforcement Officer within one year of such damage, destruction or removal.

Article 3. Definitions

Functionally water-dependent uses: Those uses that require, for their primary purpose, location on submerged lands or that require direct access to, or location in, coastal and inland waters and which cannot be located away from these waters. The uses include, but are not limited to, commercial and recreational fishing and boating facilities, finfish and shellfish processing, fish-related storage and retail and wholesale fish marketing facilities, waterfront dock and port facilities, shipyards and boat building facilities, marinas, navigation aides, basins and channels, shoreline structures necessary for erosion control purposes, industrial uses dependent upon water-borne transportation or requiring large volumes of cooling or processing water and which cannot reasonably be located or operated at an inland site, and uses which primarily provide general public access to coastal or inland marine or tidal waters. Recreational boat storage buildings are not considered to be a functionally water-dependent use. (Amended 4/21/92; 10/24/16)

95 AGENDA ITEM: A Date: October 24, 2016 Hazard tree - a tree with a structural defect, combination of defects, or disease resulting in a structural defect that under the normal range of environmental conditions at the site exhibits a high probability of failure and loss of a major structural component of the tree in a manner that will strike a target. A normal range of environmental conditions does not include meteorological anomalies, such as, but not limited to: hurricanes; hurricane-force winds; tornados; microbursts; or significant ice storm events. Hazard trees also include those trees that pose a serious and imminent risk to bank stability. A target is the area where personal injury or property damage could occur if the tree or a portion of the tree fails. Targets include roads, driveways, parking areas, structures, campsites, and any other developed area where people frequently gather and linger.

Storm-damaged tree - a tree that has been uprooted, blown down, is lying on the ground, or that remains standing and is damaged beyond the point of recovery as the result of a storm event.

Structure in the Shoreland Zone - anything temporarily or permanently located, built, constructed or erected for the support, shelter or enclosure of persons, animals, goods or property of any kind or anything constructed or erected on or in the ground. The term includes structures temporarily or permanently located, such as decks, patios, and satellite dishes. Structure does not include fences; poles and wiring and other aerial equipment normally associated with service drops, including guy wires and guy anchors; subsurface waste water disposal systems as defined in Title 30-A, section 4201, subsection 5; geothermal heat exchange wells as defined in Title 32, section 4700-E, subsection 3-C; or wells or water wells as defined in Title 32, section 4700-E, subsection 8.

Article 12. Enforcement

1203-3. SHORELAND PERMITS AND APPROVALS

A. PERMITS REQUIRED

No person shall, without first obtaining a Shoreland Zoning permit, engage in any activity or use of land or structure requiring a permit in the district in which such activity or use would occur; or expand, change, or replace an existing use or structure; or renew a discontinued nonconforming use.

B. SUPPLEMENTAL INFORMATION

All required information in Section 1104 of this Ordinance, Site Plan Review, shall be submitted with all shoreland zone applications.

C. SHORELAND STANDARDS

Prior to approving an application for a Shoreland Zoning Permit or approving it with conditions, the Code Enforcement Officer shall make a positive finding based on the information presented that the proposed use:

96 AGENDA ITEM: A Date: October 24, 2016

1. Will maintain safe and healthful conditions; 2. Will not result in water pollution, erosion, or sedimentation to surface waters; 3. Will adequately provide for the disposal of all wastewater; 4. Will not have an adverse impact on spawning grounds, fish, aquatic life, bird or other wildlife habitat; 5. Will conserve shore cover and visual, as well as actual, points of access to inland and coastal waters; 6. Will protect archaeological and historic resources as in accordance with the comprehensive plan; 7. Will not adversely affect existing commercial fishing or maritime activities in a Marine Business and Residential District; 8. Will avoid problems associated with flood plain development and use; and 9. Is in conformance with the provisions of Section 7.1-3 Land Use Standards; 10. If located in a structure, the structure is located in an approved subdivision and will not violate any other local ordinance or regulation or any State law which Saco is responsible for enforcing.

D. LIMITS ON SHORELAND APPROVALS

If substantial construction is not commenced within twelve (12) months of the Planning Board's or Code Enforcement Officer's written approval of a shoreland permit, the shoreland permit shall be null and void. Substantial construction shall mean completion of thirty (30) percent of a permitted structure or use measured as a percentage of estimated total cost. The deadline may be extended for one additional six (6) month period by the Code Enforcement Officer upon the written request of the applicant. The written request for an extension must be submitted before the date of expiration of the shoreland permit. After the shoreland permit has expired or an extension denied by the Code Enforcement Officer, the applicant may reapply for a shoreland zone approval at any time without prejudice.

The Code Enforcement Officer shall approve the request for an extension unless he/she has become aware of one of the following:

1. additional information that indicates that the plan does not meet the standards of the shoreland zoning provisions; 2. failure to meet a condition of approval; 3. an amendment in the Zoning Ordinance that prohibits or alters the proposed plan.

E. CONTRACTOR CERTIFICATION

When an excavation contractor will perform an activity that requires or results in more than one (1) cubic yard of soil disturbance, the person responsible for management of erosion and sedimentation control practices at the site must be certified in erosion control practices by the Maine Department of Environmental Protection. This person must be present at the site each day earthmoving activity occurs for a duration that is sufficient to ensure that proper erosion and

97 AGENDA ITEM: A Date: October 24, 2016 sedimentation control practices are followed. This is required until erosion and sedimentation control measures have been installed, which will either stay in place permanently or stay in place until the area is sufficiently covered with vegetation necessary to prevent soil erosion. The name and certification number of the person who will oversee the activity causing or resulting in soil disturbance shall be included on the permit application. This requirement does not apply to a person or firm engaged in agriculture or timber harvesting if best management practices for erosion and sedimentation control are used; and municipal, state and federal employees engaged in projects associated with that employment.

98 WORKSHOP ITEM: A AGENDA ITEM: B Date: October 24, 2016

MEETING ITEM COMMENTARY

AGENDA ITEM: School Revolving Renovation Fund Loan Forgiveness Grant Financing

STAFF RESOURCE: Kevin L. Sutherland, City Administrator

COUNCIL RESOURCE: Councilor William Doyle

Please refer to the attached exhibits, including the order to authorize the School Revolving Renovation Fund loan forgiveness grant financing, for further details.

EXHIBITS: 1. School Revolving Renovation Fund Program Documents 2. School Revolving Renovation Fund Agreement 3. Approval from Maine Municipal Bond Bank

RECOMMENDATION: City staff recommends that the City Council adopt the order authorizing the School Revolving Renovation Fund loan forgiveness grant financing as drafted by Drummond Woodsum.

99 AGENDA ITEM: C Date: October 24, 2016

MEETING ITEM COMMENTARY

AGENDA ITEM: Authorize the Creation of an Ad Hoc Comprehensive Plan Update Committee and Confirm the Mayor’s Appointments

STAFF RESOURCE: Kevin L. Sutherland, City Administrator

COUNCIL RESOURCE: Councilor Alan Minthorn

BACKGROUND: One of the goals adopted by the Saco City Council this calendar year is to: “Review the comprehensive plan and zoning ordinance for discrepancies, assimilate the Bridge 2025 document, and make recommendations for changes to the document for the next calendar year”. The City has contracted with Southern Maine Planning and Development Commission (SMPDC) to facilitate a Saco Comprehensive Plan Review/Update Committee.

The committee, appointed by the Mayor will consist of 11 voting members:

• City Council: Nathan Johnston and David Precourt • Planning Board: Neil Schuster and Don Girouard • Economic Development Commission: Bette Brunswick and Andrew Goldberg • Five members of the public: Alyssa Bouthot, Peg Poulin, Rick Milliard, Tim Leary, and Sandra Guay Two staff members will also be present to assist, but will not be voting members:

• Bob Hamblen, City Planner • Bill Mann, Economic Development Director

EXHIBITS: 1. Memorandum from Council Workshop 10/11/16

RECOMMENDATION: Staff recommend the creation of the committee and confirm the Mayor’s appointments.

SUGGESTED MOTION: “Be it ordered that the City Council authorize the creation of an Ad Hoc Comprehensive Plan Update Committee; and confirm the Mayor’s appointments to the Ad Hoc Comprehensive Plan Committee.”

“I move to approve the order”.

100 AGENDA ITEM: C Date: October 24, 2016 CITY OF SACO, MAINE Exhibit Item: 1

MEMORANDUM

TO: Mayor Michaud and City Council FROM: Kevin L. Sutherland, City Administrator DATE: October 11, 2016 RE: Presentation and creation of a Saco Comprehensive Plan Review and Update Committee

One of the goals adopted by the Saco City Council this calendar year is to: “Review the comprehensive plan and zoning ordinance for discrepancies, assimilate the Bridge 2025 document, and make recommendations for changes to the document for the next calendar year”.

On Tuesday, I will make a presentation to Council on my own review of the Comprehensive Plan which identifies a few of the areas that could use some updating to align with the Bridge 2025 document and can help move this community forward. I will also share examples of economic success and community vibrancy from other parts of the country. I was hired by the prior Council because I bring an outside perspective to the table, but as a newer member to the community (and to Maine), I do not believe I should make the recommendations for this change.

I’ve contracted with Southern Maine Planning and Development Commission (SMPDC) to facilitate a Saco Comprehensive Plan Review/Update Committee. I am proposing this committee be made up of:

• Two members of the Saco City Council

• Two members of the Saco Planning Board

• Two members of the Saco Economic Development Commission

• Two members of the public

• Two staff members:

• Bob Hamblen, City Planner

• Bill Mann, Economic Development Director

Next week’s presentation will also include goal setting and a timeline for the committee. I will also invite members of the Planning Board, Economic Development Commission and the public to attend next week’s Workshop to participate in the conversation. I look forward to this agenda item. I’ve been hoping to get this process started since I joined Saco. 101