WESTBROOK CITY COUNCIL REGULAR COUNCIL MEETING AGENDA MONDAY NOVEMBER 6, 2017 AT 7:00PM WESTBROOK HIGH SCHOOL ROOM 114

I. ROLL CALL

II. SALUTE THE FLAG

III. APPROVAL OF MINUTES Sepecial City Council Meeting- 2017.10.16 Facilities & Streets Committee Meeting- 2017.10.23 Committee of The Whole- 2017.10.23

IV. MAYOR’S MESSAGE Presentation of Police Department Employee of the Quarter (3)- Chief Roberts Presentation of New City Website – Tina Radel (Marketing & Communications Manager)

V. STUDENT REPRESENTATIVE UPDATE

VI. PUBLIC COMMENT

VII. UNFINISHED BUSINESS

VIII. ORDERS OF THE DAY (SECOND AND FINAL READING) Order 2017-132 Authorizing Easement Deed for a Portion of Bernadette Street Order 2017-133 Authorizing Police Department Expenditure for Polygraph and Laptop Order 2017-134 Award of Bid for Desktop Virtualization System at Walker Memorial Library Order 2017-135 Authorizing WEIC Expenditure for reimbursement of CDBG Funds for Riverfront Development, Recreation Design and Engineering Order 2017-136 Authorizing WEIC Expenditure in Support of The Downtown Westbrook Coalition

IX. NEW BUSINESS

Business Licenses

Resolves (First and Final Reading) Resolve 2017-026 Authorizing the 2018 Land & Water Conservation Fund Grant Application for the Cornelia Warren Recreation Area Resolve 2017-027 Approving the Appointment of Steven Rand to WEIC

Orders (First and Final Reading) Order 2017-137 Authorizing Waiver of Sidewalk Standards for a Portion of Maple Street Order 2017-138 Amending the Uniform Traffic Ordinance, Schedule V (A), Parking Prohibited Order 2017-139 Authorizing Acceptance of Police Department Forfeiture Funds

Orders (First of Two Required Readings)

Order 2017-140 Award of Bid for Police Department Vehicle Order 2017-141 Award of Bid for Public Services Sidewalk Plow Order 2017-142 Award of Bid for Fire Department Extrication Equipment Order 2017-143 Authorizing Easement for Construction of Central Street Turnaround

X. PUBLIC COMMENT

XI. REFERRALS

XII. EXECUTIVE SESSION Request for Executive Session for consultation with legal counsel concerning legal rights and duties of the City Pursuant to 1 MRSA, Section 405-6-E.

XIII. ADJOURNMENT

Michael Sanphy 2 York Street Mayor Westbrook, Maine 04092 [email protected] Phone: (207) 591-8110 Fax: (866) 405-0776 Jerre R. Bryant City Administrator [email protected]

To: Honorable City Council From: Jerre R. Bryant, City Administrator Date: November 3, 2017 Subject: City Council Meeting of November 6, 2017

ORDERS OF THE DAY

2017-132 This grants a fifty foot wide and one-hundred-ten foot long utility easement in a portion of Bernadette Street to the Portland Water District for the purpose of installing, maintaining, replacing and removing a water pipeline and to connect water service to adjacent properties, as described in the enclosed Easement Document and depicted on the attached graphic. This easement was drafted by legal counsel to the PWD and has been reviewed and approved by the City Solicitor. This involves an unaccepted section of Bernadette Street that is now part of the drive access to Saccarappa Elementary School. There is one home with frontage on this section of Bernadette and it currently has public water service through an existing water line in the street. This utility easement is recommended by the Director of Engineering & Public Services, is supported by the Administration, was given first reading on October 16, 2017 and is in order for final council action. 2017-133 This authorizes the purchase of a replacement polygraph instrument from Stoelting Company, Wood Dale, Illinois, at a cost of $4,024.75 and a replacement laptop from GovConnection, Merrimack, New Hampshire, at a cost of $1,414.18 as more fully described in the enclosed memo from Captain Steve Goldberg. This purchase is funded in the 2017-18 Capital Improvement Program, is supported by the Administration, was given first reading on October 16, 2017 and is in order for final council action. 2017-134 This is an award of bid for a three-year subscription with Userful Corporation of Calgary, Alberta, Canada for a desktop virtualization system to replace the existing public computer lab at Walker Memorial Library at a cost of $17,328.80. This project and the proposal from Userful Corporation is outlined in greater detail in the enclosed memo from Rebecca Albert, Library Director. The City did seek proposals from three vendors, with one not being applicable to a library setting and the second proposing a higher cost than Userful proposal. The City’s IT vendor has reviewed this project and the proposal and supports this recommendation. Funds for this project at the library are included in the 2017-18 Capital Improvement Program. This award of bid is supported by the Administration, was given first reading on October 16, 2017 and is in order for final council action. 2017-135 This authorizes an expenditure of WEIC funds in the amount of $15,040 for the reimbursement of the Cumberland County Community Development Block Grant (CDBG) Program. CDBG funding for the design of an Obermeyer recreational feature at Saccarappa Falls required the completion of design, permitting and construction of the feature by June 30, 2017. The design work was started on an Obermeyer feature, but due to rising cost estimates for the and complications impacting the timing of the fish passage project at Saccarappa Falls, the design was not finished and alternative options for a comparable recreational feature are now being explored. Therefore, the $15,040 portion of the grant that was expended must be repaid to the CDBG program. This expenditure was approved by WEIC at their October 12, 2017 meeting, is supported by the Administration, was given first reading on October 16, 2017 and is in order for final council action. 2017-136 This authorizes an expenditure of WEIC funds in the amount of $30,000 in support of the Downtown Westbrook Coalition. The DWC operating budget for FY 2017-18 is $85,000. The Coalition is seeking financial support from the City (in the form of WEIC) for $30,000 and looking to fund the remainder of their budget through event proceeds, grants, sponsorships and other fundraising activities. Authorization of this $30,000 WEIC expenditure to help fund the Downtown Westbrook Coalition is supported by the Administration, was given first reading on October 16, 2017 and is in order for final council action.

NEW BUSINESS

Resolves

2017-026 This Resolve authorizes the submission of a grant application to the Land & Water Conservation Fund for repairs, renovations and upgrades to the Cornelia Warren Recreational Area. This is substantially the same grant application that the city submitted under this program last year, with the exception of parking and access improvements to the adjacent Warren Field on Stevens Street, which are being done as part of the Stevens Street CSO abatement project. This project includes some much needed repairs and upgrades to this multi-use recreational area, including drainage, access (including handicap access), lighting, plumbing, electrical, security, parking and safety improvements. It additionally includes expanded use options for Frasier Field, improved visual access to the river, and additional components including a playground, picnic area, splash pad and a raingarden. This recreational area has a long history of service to the Westbrook community and is in need of significant repairs and updating. This grant program and the generous support from various local organizations presents a great opportunity to adequately fund this work. This restructured application is proposing a $400,000 project, with grant funding of $200,000 being requested from the LWCF and $50,000 from the Community Development Grant Program (CDBG). The balance of the project funding will be provided from the following sources, $100,000 Cornelia Warren Community Foundation, $35,000 Westbrook Environmental Improvement Corporation (WEIC) and $15,000 Westbrook Recreation & Conservation Commission. A rendering of the concept plan for the project is included and Landscape Architect Peter Burke and project advocate Philip Spiller will be at Monday’s meeting. The Administration supports both this project initiative and the corresponding grant application. This authorization to submit a grant application to the Land & Water Conservation Fund is in order for final council action. 2017-027 This approves the Mayor’s appointment of Steven Rand, 127 Presidential Way, to the Westbrook Environmental Improvement Corporation (WEIC) Board of Directors as a business community representative to fill an unexpired term through December 31, 2018.

One-Reading Orders

2017-137 This waives the City’s sidewalk design standards for the portion of Maple Street between Union Street and East Valentine Street. As part of the Combined Sewer Overflow abatement program, there is a great deal of sewer and storm drain reconstruction work being conducted throughout the city. Many of these projects involve significant excavation into existing streets, which are fully reconstructed as part of the sewer projects. That reconstruction triggers compliance with current street construction standards which include construction of a sidewalk. This is the case with a portion of Maple Street. In the course of the public informational meeting held on this project, a concern was voiced by a number of residents that they felt the sidewalk was unnecessary and its construction would adversely impact the character of this residential street and would place the sidewalk very close to some existing homes and would require the removal of additional street trees. At a meeting of the Facilities & Streets Committee on October 23, 2017, many of the residents articulated these same concerns and the Committee voted to refer this waiver request to the full city council. While the policy goal of providing safe pedestrian passage along all city streets is a prudent policy, and the standard requires the inclusion of sidewalks for all newly constructed streets (including the reconstruction of existing streets), unique site conditions and the desire of current residents of the streets should also be taken into consideration. Based on the testimony presented at both the informational neighborhood meetings and the Facilities & Streets Committee meeting, the Administration supports this waiver of the street construction standard for this limited section of Maple Street. This item is in order for final council action. 2017-138 These are proposed amendments to the Uniform Traffic Ordinance, Schedule V (A), Parking Prohibited, regarding safety related parking restrictions at Vallee Square, Warren Block Parking Lot, Dana Street and School Street, as specified on the enclosed chart. A more comprehensive set of recommendations were discussed with the Facilities & Streets Committee on September 11, 2017 and this more limited set of changes was presented and discussed at the Committee’s meeting on October 23, 2017. These four recommendations are addressed in the enclosed memos from Director of Planning & Code Enforcement Jennie Franceschi, Police Captain Steve Goldberg and Fire Inspector Mike Corey. They have also been presented to downtown businesses by the Downtown Westbrook Coalition. Through this discussion we have heard the strong recommendation that we provide better identification and directional signage regarding existing parking areas and work to supplement parking in the downtown wherever possible. These are both priority projects on which we are already working. The specific parking amendments to the Uniform Traffic Ordinance are supported by the Administration and in order for final council action. 2017-139 This authorizes the acceptance of $2,320.25 in asset forfeiture funds for the substantial role the Westbrook Police Department played in the investigation of two criminal cases. These funds may be used to supplement, but not supplant the resources available to the Westbrook Police Department. Expenditures from the Asset Forfeiture Funds account are reported to the City Council on a quarterly basis. Acceptance of these funds is supported by the Administration and is in order for final council action.

Two-Reading Orders

2017-140 This is an award of bid for the purchase of a 2018 Dodge Charger Pursuit (Police Package) to Lee Dodge-Chrysler-Jeep-Ram of Westbrook, low bidder, at a purchase price of $41,666. The city received two bids. This purchase is included in the 2017-18 Capital Improvement Program and will be purchased through a three-year lease purchase, with the second and third year payments to be budgeted in the Police Department’s operating budget. This award of bid is supported by the Administration and is in order for first reading. 2017-141 This is an award of bid for the purchase of a replacement sidewalk tractor to H.P. Fairfield, Scarborough for a Trackless MT-7 tractor at a bid price, less trade-in of a 2004 unit, of $139,949. A lower bid was submitted by Beauregard Equipment for a McLean MV4, however that unit was not available for inspection or test drive. This is a new model and none are currently in use in any Maine communities. We did check with a couple Public Works Departments that have earlier models of this unit and received mixed reviews. Westbrook currently has a Trackless unit and is very satisfied with its performance and dependability. We have also received excellent support from the vendor. Therefore, it is the recommendation of the Public Services Department that the bid be awarded to the second low bidder, H.P. Fairfield for a Trackless unit. Funding for this purchase is included in the 20917-18 Capital Improvement Program and will be purchased through a five-year lease purchase, with year two through five payments to be budgeted in the Public Services Department operating budget. This recommended award of bid is supported by the Administration and is in order for first reading. 2017-142 This is an award of bid for the purchase of hydraulic emergency extrication tools to Industrial Protection Services (IPS) of South Portland, low bidder at a total price of $38,808. An overview of the equipment, its use and the procurement process from Fire Chief Andrew Turcotte is enclosed. This is a replacement and upgraded to existing equipment and is funded in the 2017-18 Capital Improvement Program, is supported by the Administration and is in order for first reading. 2017-143 This authorizes a temporary Construction Easement for the construction of a turnaround (hammerhead) on city-owned property at the dead end of Central Street. This item was reviewed with the Facilities & Streets Committee on October 23, 2017 and recommended to the full city council for action. The enclosed easement was prepared by the City’s legal counsel. Authorization of this temporary construction easement is supported by the Administration and is in order for first reading.

Executive Session

City Administration requests an Executive Session with the City Council, as provided under 1 MRSA Section 405-6-E for the purpose of consultation with the City Solicitor regarding legal rights and duties, said executive session to include the Mayor, City Solicitor, City Administrator and Director of Human Resources.

WESTBROOK CITY COUNCIL SPECIAL CITY COUNCIL MEETING MINUTES MONDAY OCTOBER 16, 2017 AT 7:00PM WESTBROOK CITY HALL

READING THE CALL Ms. Rand noted for the record that this Special Session was called by Mayor Mike Sanphy on Friday October 13, 2017, such Special Session to be held on Monday October 16, 2017 at 7:00pm.

CALL TO ORDER Called to order at 7:00pm by President Rielly, who led all present in the Pledge of Allegiance.

Councilors Present: Lynda Adams (Ward 5); Victor Chau (Ward 2); Ann Peoples (At-Large); Gary Rairdon (Ward 4); Anna Turcotte (Ward 3); Brendan Rielly (Ward 1/President); John O’Hara (At-Large/Vice President)

Councilors Absent: Lynda Adams (Ward 5)

Other City Officials Present: Rebecca Albert (Library Director); Jerre Bryant (City Administrator); Natalie Burns (City Solicitor); Maria Dorn (Director of Community Center); Eric Dudley (Director of Public Services); Michael Sanphy (Mayor); Jennifer Ogden (Director of Human Resources); Ashley Rand (Deputy City Clerk); Andrew Turcotte (Fire Chief); John Wipfler (Assistant City Administrator)

APPROVAL OF MINUTES President Rielly noted that unless there were any objections, City Council would let stand the minutes from the City Council Meeting held on September 11, 2017 and the City Council Meeting held on October 2, 2017. No objections received. Minutes stand as presented.

MAYOR’S MESSAGE Mayor Sanphy announced the following items:

1. Mayor Sanphy Presented the City of Westbrook Employee of the Quarter to Firefighter/Paramedic to Christopher Shepard. 2. Mayor Sanphy read the proclamation titled “My Place Teen Center Day” into the record. 3. Mayor Sanphy invited Ms. Dorn up to the podium to present Wayside & Trinity Lutheran Church plaques of recognition for all their hard work with the Westbrook Community Center Food Pantry.

STUNDENT REPRESENTATIVE UPDATE • Student Representative Maura Rielly stated the following: Juniors are participating in Collage road trips to look at their options for applying to Collage. Several collages have also been coming to Westbrook High School and giving students information on the application process and programs the colleges offer.

Student Representative Ranya Al Obaidi stated the following: Maine Supreme Court will be visiting Westbrook High School on Wednesday October 25, 2017.

PUBLIC COMMENT Vice President O’Hara opened the floor for the first public comment portion of the City Council meeting. The following individuals spoke: 1. Councilor Turcotte 2. Councilor Chau 3. Councilor Peoples 4. Chief Turcotte 5. Nancy Cremp, Westbrook Food Pantry

ORDERS OF THE DAY (SECOND AND FINAL READING) Included below are the Council actions on the Orders of the Day, which are those City Council orders receiving second and final reading.

1. Order 2017-119 through 129. Motion to approve second and final reading of the following orders: Order 2017-119 Adopting 2017-2018 General Assistance Maximums Order 2017-120 Authorizing WEIC Funding for Electric Charging Stations Order 2017-121 Award of Bid for Community Services Van Order 2017-122 Award of Bid for ADA Compatible Stairs at the Davan Pool Order 2017-123 Authorizing Fire Department Expenditure for Cardiac Monitors Order 2017-124 Authorizing Fire Department Expenditure for Computer Aided Dispatch (CAD) Interface Order 2017-125 Award of Bid for Turf Aerator Order 2017-126 Authorizing Installation of Utility Poles for Event Promotion Order 2017-127 Acceptance of Police Department MDEA Asset Disbursement Order 2017-128 Authorizing Payment for Firing Range Improvements Order 2017-129 Authorizing Extension of Moratorium for Medical Marijuana Growing Facilities and Dispensaries Moved by Councilor Peoples, seconded by Councilor Rairdon. Motion carried. Orders 2017-119 through 2017-129 adopted. (Vote 6-0-1) Ayes: Councilor Chau, Councilor Peoples, Councilor Rairdon, Councilor Turcotte, President Rielly, Vice President O’Hara Nays: None Absent: Councilor Adams

NEW BUSINESS Included below are the Council actions on New Business, which includes business licenses requiring City Council approval, City Council resolves and orders receiving first and final reading, City Council orders receiving the first of two required readings, and all items to be considered in Executive Session.

1. Liquor License Application (New) for Westbrook Pie, LLC, d/b/a Portland Pie Company, located at 869 Main Street a. Ms. Rand noted for the record that this item requires a public hearing. Notice of the public hearing was published in the American Journal on October 5 & 12, 2017, and was mailed to all property owners within 500’ of 869 Main Street on October 3, 2017.

b. President Rielly opened the floor for the public hearing. No one spoke. c. President Rielly closed the public hearing.

SPECIAL CITY COUNCIL MEETING 2017.10.16

d. Motion to approve the liquor license application submitted by Westbrook Pie, LLC d/b/a Portland Pie Company. Moved by Councilor Rairdon, seconded by Councilor Chau. Motion carried by a show of hands (6-0-1). None opposed. Councilor Adams Absent.

2. Order 2017-130. Authorizing WEIC Expenditure for Scarborough Property Tax Bill. Motion to approve first and final reading of Order 2017-130. Moved by Councilor Rairdon, seconded by Councilor Turcotte. Motion carried. Orders 2017-130 adopted. (Vote 6-0-1) Ayes: Councilor Chau, Councilor Peoples, Councilor Rairdon, Councilor Turcotte, President Rielly, Vice President O’Hara Nays: None Absent: Councilor Adams

3. Order 2017-131. Adopting Emergency Action Plan for City Hall, Fred C Wescott Building, Walker Memorial Library, Public Safety, and Public Services Department (371 &375 Saco Street) a. Motion to approve first and final reading of Order 2017-131. Moved by Councilor Rairdon, seconded Councilor Peoples.

b. The following individuals commented on the motion to approve first and final reading of the legislation: i. Councilor Chau

c. Revisiting the motion to approve first and final reading of Order 2017-131. Motion carried. Order 2017-131 adopted. (Vote 6-0-1) Ayes: Councilor Chau, Councilor Peoples, Councilor Rairdon, Councilor Turcotte, President Rielly, Vice President O’Hara Nays: None Absent: Councilor Adams

4. Order 2017-132. Authorizing Easement Deed for a Portion of Bernadette Street. a. Motion to approve first reading of Order 2017-132 Moved by Councilor Rairdon, seconded by Councilor Turcotte

b. The following individuals commented on the motion to approve first reading of the legislation: i. Councilor Chau ii. Mr. Bryant

c. Revisiting the motion to approve first reading of Order 2017-132. Motion carried by a show of hands (6-0-1). None opposed. Councilor Adams Absent.

5. Order 2017-133. Authorizing Police Department Expenditure for Polygraph and Laptop. Motion to approve first reading of Order 2017-133 Moved by Councilor Rairdon, seconded by Councilor Turcotte Motion carried by a show of hands (6-0-1). None opposed. Councilor Adams Absent.

SPECIAL CITY COUNCIL MEETING 2017.10.16

6. Order 2017-134. Award of bid for Desktop Virtualization System at Walker Memorial Library

a. Motion to approve first reading of Order 2017-134. Moved by Councilor Peoples, seconded by Councilor Rairdon.

b. The following individuals commented on the motion to approve first reading of the legislation. i. Councilor Peoples ii. Mr. Bryant iii. Ms. Albert iv. Councilor Chau

c. Revisiting the motion to approve first reading of Order 2017-134. Motion carried by a show of hands (6-0-1). None opposed. Councilor Adams Absent.

7. Order 2017-135. Authorizing WEIC Expenditure for reimbursement of CDBG Funds for Riverfront Development, Recreation Design and Engineering

a. Motion to approve first reading of Order 2017-135. Moved by Councilor Turcotte, seconded by Councilor Rairdon.

b. The following individuals commented on the motion to approve first reading of the legislation. i. Mr. Bryant

c. Revisiting the motion to approve first reading of Order 2017-135. Motion carried by a show of hands (6-0-1). None opposed. Councilor Adams Absent.

8. Order 2017-136. Authorizing WEIC Expenditure in Support of the Downtown Westbrook Coalition Motion to approve first reading of Order 2017-136 Moved by Councilor Turcotte, seconded by Councilor Peoples Motion carried by a show of hands (6-0-1). None opposed. Councilor Adams Absent.

PUBLIC COMMENT President Rielly opened the floor for the second and final public comment. The following individuals spoke: 1. Councilor Peoples

REFERRALS Motion to refer the following items to Committee of the Whole: Former Sasarara Park Parcel Social Media Policy & General Health & Safety Policy Moved by Councilor Rairdon, seconded by Councilor Peoples Motion carried by a show of hands. None opposed.

EXECUTIVE SESSION Motion to enter Executive Session at 7:42pm for consultation with legal counsel concerning legal rights and duties of the City Pursuant to 1 MRSA, Section 405-6-E. Moved by Councilor Rairdon, seconded by Councilor Chau.

SPECIAL CITY COUNCIL MEETING 2017.10.16

Motion carried by a show of hands. None opposed.

President Riley noted for the record that no further business would take place after the Executive Session, and that the Council would immediately adjourn upon returning from Executive Session.

ADJOURNMENT Motion to adjourn at 8:10pm. Moved by Councilor Rairdon, seconded by Councilor Peoples. Motion carried by a show of hands. None opposed.

SPECIAL CITY COUNCIL MEETING 2017.10.16

WESTBROOK CITY COUNCIL FACILITIES & STREETS COMMITTEE MINUTES MONDAY OCTOBER 23, 2017 AT 6:00PM WESTBROOK HIGH SCHOOL, ROOM 114

CALL TO ORDER Called to order at 6:30pm by Facilities and Streets Committee Chair Ann Peoples.

Councilors Present: Lynda Adams (Ward 5); Victor Chau (Ward 2); John O’Hara (At-Large/Committee Vice Chair); Ann Peoples (At-Large/Committee Chair); Gary Rairdon (Ward 4/Committee Member); Brendan Rielly (Ward 1/Council President)

Councilors Absent: Anna Turcotte (Ward 3)

Other City Officials Present: Jerre Bryant (City Administrator); Eric Dudley (Director of Engineering & Public Services); Jennie Franceschi (City Planner); Katherine Gray (Assistant Director of Public Services); Phil Hebert (Animal Control Officer); Sean Lally (Police Captain); Michael Sanphy (Mayor)

1. Petition to Remove Sidewalk on 2018 Maple Street Design a. Committee Chair Peoples gave the floor to Mr. Bryant who explained that the City has received a petition from residents of Maple Street who are requesting that the construction of a sidewalk be eliminated from the plans for reconstruction of the road.

b. The following individuals presented questions/comments: i. Mr. Dudley ii. Ernest Callow – 30 Maple St. iii. Shari Salisbury – 44 E. Valentine St. iv. Richard Durgin – 10 Maple St. v. Councilor Rairdon vi. Committee Chair Peoples vii. Councilor Adams viii. Councilor Chau ix. Councilor O’Hara x. Mr. Bryant

c. Councilor Rielly arrived at 6:33pm

d. Motion to refer the item to the City Council for consideration. Moved by Councilor Chau, seconded by Councilor Adams Motion carried (3-2, President Rielly abstained, Councilors O’Hara and Rairdon opposed)

2. Central Street Construction a. Jennie Franceschi explained that a developer has requested a temporary 50’ x 50’ construction easement over a portion of the land of Map 25, Lot 63 from the City to allow for the hammerhead associated with the construction of the remainder of Central Street to public road standards.

b. Councilor Chau recused himself.

c. Motion to refer the item to City Council for consideration. Moved by Councilor O’Hara, seconded by President Rielly Motion carried (5-0, Councilor Chau abstained)

3. Downtown Parking a. Motion to remove this item from the table. Moved by Councilor Adams, seconded by President Rielly Motion carried (6-0)

b. Jennie Franceschi described the recommendations for changes regarding on-street parking and signage which were developed by the City and reviewed by the Downtown Westbrook Coalition and business owners.

c. The following individuals presented questions/comments: i. Captain Lally ii. Phil Hebert iii. Mr. Bryant iv. Councilor Rairdon v. Councilor Chau

d. Motion to refer the recommendations to City Council for consideration. Moved by President Rielly, seconded by Councilor Rairdon Motion carries (4-2, Councilors Chau and O’Hara opposed)

ADJOURNMENT Motion to adjourn at 6:33pm. Motion carried by a show of hands. None opposed.

WESTBROOK CITY COUNCIL COMMITTEE OF THE WHOLE MINUTES MONDAY OCTOBER 23, 2017 IMMEDIATELY FOLLOWING THE FACILITIES AND STREETS COMMITTEE MEETING WESTBROOK HIGH SCHOOL, ROOM 114

CALL TO ORDER Called to order at 7:18pm by Committee of the Whole Chair Councilor Rairdon.

Councilors Present: Lynda Adams (Ward 5); Victor Chau (Ward 2); John O’Hara (At-Large/Committee Vice Chair); Ann Peoples (At-Large/Committee Chair); Gary Rairdon (Ward 4/Committee Chair); Brendan Rielly (Ward 1/Council President)

Councilors Absent: Anna Turcotte (Ward 3)

Other City Officials Present: Jerre Bryant (City Administrator); Eric Dudley (Director of Engineering & Public Services); Jennie Franceschi (City Planner); Katherine Gray (Assistant Director of Public Services); Phil Hebert (Animal Control Officer); Sean Lally (Police Captain); Michael Sanphy (Mayor)

1. Request to Lease City Property a. Mr. Bryant provided an overview of this request from Craig Bernier, owner of Don’s Lunch, to lease city property on Mechanic Street for his food truck.

b. The following individuals presented comments/questions: i. Councilor Adams ii. Councilor Chau iii. Councilor O’Hara iv. Committee Chair Rairdon v. Mr. Bryant

c. The Committee expressed concerns regarding parking and safety. No action taken.

2. Dog Waste Control a. Phil Hebert, Animal Control Officer, described how complaints about dog waste are handled currently as prescribed in the city ordinance regarding animal waste.

b. The following individuals presented comments/questions: i. Councilor Adams ii. Mr. Hebert iii. Captain Lally iv. Councilor Chau v. Councilor Rairdon vi. Mr. Bryant

c. The Committee requested that the Administration have a legal review of the current ordinance and come back with recommendations.

3. Former Saccarappa Park Parcel a. Jerre Bryant introduced this discussion on the future of the former Saccarappa Park parcel to determine the City Council’s interest in potential development of the property.

b. The following individuals presented comments/questions: i. Councilor Chau ii. President Rielly iii. Councilor O’Hara iv. Councilor Adams v. Mr. Bryant vi. Mayor Sanphy vii. Councilor Rairdon

c. The Committee expressed support for requests for proposals for the development of the former Saccarappa parcel and suggested scheduling another meeting to develop the language for the RFP.

4. Social Media/General Health & Safety Policy a. Jerre Bryant introduced this item.

b. The following individuals presented comments/questions: i. President Rielly ii. Mr. Bryant iii. Councilor Chau

c. The Committee requested a legal review of the document prior to referring it to the City Council for consideration. No action taken.

ADJOURNMENT Motion to adjourn at 8:40pm. Motion carried by a show of hands. None opposed.

CITY OF WESTBROOK

Police Department Employee of the Quarter July – September 2017

Officer Jacqueline Lorenzen

You are hereby named the Westbrook Police Department’s Employee of the Quarter for the third quarter of 2017.

You have been selected for this honor by a committee of your peers.

This award is presented to you in recognition of your performance as a Police Officer for the Westbrook Police Department.

In July, you organized the ‘Brave the Shave’ fundraiser for the St. Baldrick’s Foundation, which is dedicated to raising funds towards childhood cancer research. Over the course of eight months leading up to July, you put in countless hours of your own time to plan and organize the event. You recruited officers and citizens to shave their heads, lined up volunteers, solicited donations, and secured participation from others in the community. Your hard work paid off and the event was a tremendous success. Over $24,000 was raised for the St. Baldrick’s Foundation. This was the Foundation’s single biggest event ever in the State of Maine. The fundraiser would not have happened and been such a big success without your hard work and dedication.

You continue to perform at a high level on the evening shift patrol team, the busiest shift in the Department. You are routinely involved with some of our most serious calls for service. Among them was the fatal hit and run crash on William Clarke Drive, where as one of the first responding officers, you worked to secure the scene and interview witnesses. You also assisted other officers on a shoplifting at Kohl’s, where you located the suspect after he fled. The man provided a false name, which you were able to prove and subsequently discovered that he had absconded from probation for over two years and he had a large amount of drugs on him.

Upon entering your third year with the Department, you have also stepped into the role of “Officer in Charge”, showing that you are taking on more of a leadership role within the department. You continue to be actively involved in the community. You participated in the annual National Night Out event in August; and, your supervisor noted that you often take the time to stop and speak with children or to just play with them. Your efforts and passion humanize the badge we all wear; and, you are helping to build trust and relations within the community.

For all of this and more, we are proud of you Jaci. We thank you for the inspiration you have given us. And, we present you with this plaque as a memento of our appreciation.

Dated: November 6, 2017 Chief Janine L. Roberts

CITY OF WESTBROOK, MAINE IN CITY COUNCIL

Date: October 16, 2017

Order: 2017-132

AUTHORIZING UTILITY EASEMENT DEED IN A PORTION OF BERNADETTE STREET

That the Westbrook City Council hereby approves the attached utility easement deed from the City of Westbrook to Portland Water District of Portland, ME for a portion of road or way on Bernadette Street.

First Reading: October 16, 2017 Second and Final Reading: November 6, 2017

Attest:

______Deputy City Clerk Mayor EASEMENT DEED

KNOW ALL PERSONS BY THESE PRESENTS, that the CITY OF WESTBROOK, a municipal corporation organized and existing under the laws of the State of Maine and located at 2 York Street, Westbrook, Maine 04092, in the County of Cumberland and State of Maine, hereinafter the “CITY”, in consideration of one dollar ($1.00) and other valuable consideration paid by PORTLAND WATER DISTRICT , a quasi- municipal corporation organized and existing under the laws of the State of Maine, with a mailing address of 225 Douglass Street, Portland, Maine 04104-3553, hereinafter the “DISTRICT”, the receipt whereof is hereby acknowledged, does hereby remise, release, bargain, sell and convey and forever quitclaim with quitclaim covenants to the said DISTRICT, its successors and assigns, the right perpetually to enter upon a certain strip of land situated in the City of Westbrook and State of Maine; said strip being fifty (50) feet wide and bounded and described as follows (“Easement Area”):

A portion of a road or way shown as Bernadette Street on a plan entitled “Survey Made At Landry Farm, Westbrook, Maine”, dated September 1952, prepared by Philip C. Roberts, CE and recorded at the Cumberland County Registry of Deeds in Plan Book 39, Page 14; extending northwesterly from the northwest sideline of Alphonse Street one hundred ten (110) feet as shown on said plan.

The DISTRICT shall have the following permanent easement rights in the above-described Easement Area:

1. the right to install, maintain, replace and remove conduits or pipelines for conveying water, with all necessary fixtures and appurtenances, including electric or other energized control lines; and

2. the right to make connections with the conduits or pipelines on land adjacent to the Easement Area; and

3. the right to trim, cut down, and/or remove bushes, grass, crops, trees or any other vegetation, to such extent as is necessary for any of these purposes in the sole judgment of the DISTRICT; and

4. the right to enter on the Easement Area at any and all times for any of these purposes.

The DISTRICT shall indemnify the City for any damages resulting from work done by the District in the right-of-way. Nothing in this provision shall be construed as a waiver of any defenses, limitations of liability or immunities that may otherwise be available to the District, its officers, agents and employees under the provisions of the Maine Tort Claims Act (14 M.R.S.A. §§ 8101-8118), except as to the City under the provisions of this Easement.

The CITY reserves the use and enjoyment of the Easement Area for any purpose that does not interfere with the use of the Easement Area by the DISTRICT for its own purposes, provided that none of the following improvements may be made by the CITY in the Easement Area, without the written permission of the DISTRICT.

1. No buildings or any other permanent structures are allowed, except pavement and utilities.

2. No earth shall be removed, no fill may be added, and no other change shall be made to the surface grade of the Easement Area.

3. No conduits, pipelines or facilities shall be installed within 5 feet of or above any conduit or pipeline installed by the DISTRICT, except that pipelines and conduits may be installed if they cross perpendicular to the DISTRICT conduits and pipelines with a minimum vertical clearance of one foot.

If the DISTRICT grants permission for any such work by the CITY, then the CITY shall indemnify the DISTRICT for any claims against the DISTRICT or expenses of the DISTRICT resulting from such work. Nothing in this provision shall be construed as a waiver of any defenses, limitations of liability or immunities that may otherwise be available to the City, its officers, agents and employees under the provisions of the Maine Tort Claims Act (14 M.R.S.A. §§ 8101-8118), except as to the District under the provisions of this Easement. This easement deed is signed as a document under seal.

Dated______2017 CITY OF WESTBROOK

By: ______Michael Sanphy Its Mayor

State of Maine County of Cumberland Date:______2017

Michael Sanphy personally appeared before me and acknowledged that his signature on this document was his free act and deed in said capacity and the free act and deed of the City of Westbrook.

______Notary Public/Attorney at Law

______Print Name

CITY OF WESTBROOK, MAINE IN CITY COUNCIL

Date: October 16, 2017

Order: 2017-133

AUTHORIZING EXPENDITURE FOR POLYGRAPH AND LAPTOP

That the Westbrook City Council hereby authorizes a Police Department expenditure for the purchase of one (1) replacement polygraph to Stoelting Company of Wood Dale IL, at a cost of $4,024.75 and the purchase of one (1) replacement laptop to GovConnection of Merrimack, NH, at a cost of $1,414.18 for a combined total cost of $5,438.93.

Funds Available in budget line: 4000-2000-58900-C1726

First Reading: October 16, 2017 Second and Final Reading: November 6, 2017

Attest:

______Deputy City Clerk Mayor

CITY OF WESTBROOK, MAINE IN CITY COUNCIL

Date: October 16, 2017

Order: 2017-134

AUTHORIZING CONTRACT FOR DESKTOP VIRTUALIZATION SYSTEM AT WALKER MEMORIAL LIBRARY

That the Westbrook City Council hereby authorizes the Walker Memorial Library to enter into a three (3) year contract with Userful from Calgary, Canada, low bidder, for the purchase of a central desktop virtualization system to replace twenty (20) individual computers at a total cost of $17,328.80.

Funds available in the following budget lines:

40001000-58900-C1733: $12,500 4000100-58900-C1736: $4,828.80

First Reading: October 16, 2017 Second and Final Reading: November 6, 2017

Attest:

______Deputy City Clerk Mayor

Competitors of USERFUL DESKTOP

CITRIX XenDesktop (**NOT AN OPTION**)

• Great way to centralize and secure network for industries such as health care, education, finance, government, manufacturing, and retail. Public libraries are not included. • DOES NOT WORK with Innovative API (patron barcodes and accounts; part of the Integrated Library System). • Most companies like Citrix DO NOT WORK well with Innovative API, which is what MaineInfonet uses.

Windows Multi-point Server (MORE EXPENSIVE than Userful)

• Works with Innovative API, which means that it works well with public libraries. • Hardware is not provided, which means we would have to purchase a new server (cost: $1100 for a VERY basic server) and 20 thin clients ($500 each). • PREMIUM LICENSING required** Why? Standard licensing has a specific limitation: ONLY 10 clients can work and be connected to the server simultaneously. We need at least 20 CLIENTS to work and be connected to the server simultaneously. o Cost for licensing the server: $817 o Client access license (CAL)**required**: $139 each • What is CAL? o DEFINITION from Microsoft: “If the workstations in your organization are networked, you likely depend on network server software to perform certain functions, such as file and print sharing**. To access this server software legally, a Client Access License (CAL) may be required. A CAL is not a software product; rather, it is a license that gives a user the right to access the services of the server.”

**File and print sharing are required functions for public computers; therefore, CAL is required.

**See details below for more information**

**WINDOWS MULTI-POINT SERVER

Whether you need the Standard or Premium edition depends on the number of users and whether MultiPoint is being used over a Network (LAN) and joined to a Windows Server Active Directory domain.

Windows MultiPoint Server Standard

For a maximum of 10 simultaneously connected stations* with no domain join supported. Buy this edition from your preferred OEM partners or your Microsoft Open License reseller.

Windows MultiPoint Server Premium

For a maximum of 20 simultaneously connected stations* with domain join supported. Buy this edition through one of our highly qualified OEM partners for the best experience or from your Microsoft Open license or Academic licensing reseller.

Windows MultiPoint Server Windows MultiPoint Server Standard Premium

Licensing On the host computer: Windows MultiPoint On the host computer: Windows MultiPoint Server Standard Server Premium

Each station and host computer, if used as Each station and host computer, if used as a station: Windows MultiPoint Server client a station: Windows MultiPoint Server client access license (CAL). access license (CAL).

Differentiation • No domain join supported • Domain join supported • Maximum of 10 simultaneously • Maximum of 20 simultaneously connected stations* connected stations*

Channel / Pricing

Original Equipment Licensing included with hardware purchase. Licensing included with hardware purchase. Manufacturer (OEM) Please contact your preferred hardware Academic OEM only for qualified academic supplier for more details or refer to the list customers. of OEMs below.

Volume Licensing – Server Server Open Commercial – $330 – $817

CAL CAL (with Windows Server CAL)# (with Windows Server CAL)# – $139 – $139

(without Windows Server CAL)# (without Windows Server CAL)# – $110 – $110

Pricing quoted is from Microsoft Volume Pricing quoted is from Microsoft Volume Windows MultiPoint Server Windows MultiPoint Server Standard Premium

Licensing, Open Corporate NL ERP in USD. Licensing, Open Corporate NL ERP in USD.

Please contact your local Microsoft Please contact your local Microsoft licensing reseller for exact pricing. licensing reseller for exact pricing.

Volume Licensing – Server Academic – $115

CAL (with Windows Server CAL)# – $29

(without Windows Server CAL)# – $22

Pricing quoted is from Microsoft Volume Licensing, Open Corporate NL ERP in USD.

Please contact your local Microsoft licensing reseller for exact pricing.

Hyper-V Capability Not supported 1+1 licensing model * Actual number of connected stations should be based on host computer hardware capacity (CPU, memory, etc.), station hardware configuration (PCI-E or USB), and usage workloads. There is no limit to the number of PCs connected to Windows MultiPoint Server 2012 using a Multipoint Connector. Learn More.

# To correctly license through volume licensing channel, a Windows MultiPoint Server CAL and a Windows Server CAL is required. Commonly in customer environments with existing Windows Server licenses; Windows Server CALs will have been purchased already. To prevent a situation of buying the same CAL twice, Microsoft has provided two licensing options. One option of the Windows MultiPoint Server CAL includes the Windows Server CAL and the other option excludes it to recognize an existing CAL ownership.

+ Charity channel option exists though is not covered in this table. Please contact your Microsoft licensing reseller for details and pricing.

CITY OF WESTBROOK, MAINE IN CITY COUNCIL

Date: October 16, 2017

Order: 2017-135

AUTHORIZING WEIC EXPENDITURE FOR REIMBURSEMENT OF CUMBERLAND COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR RIVERFRONT DEVELOPMENT RECREATION DESIGN AND ENGINEERING

That the Westbrook City Council hereby authorizes a Westbrook Environmental Improvement Corporation (WEIC) expenditure for the reimbursement of CDBG funds from the 2014 Westbrook grant, titled “Riverfront Development, Recreation Design and Engineering” in the amount of $15,040.00.

Funds Available in budget line: 22001390-58900-02299

First Reading: October 16, 2017 Second and Final Reading: November 6, 2017

Attest:

______Deputy City Clerk Mayor

CITY OF WESTBROOK, MAINE IN CITY COUNCIL

Date: October 16, 2017

Order: 2017-136

AUTHORIZING WEIC EXPENDITURE IN SUPPORT OF THE DOWNTOWN WESTBROOK COALITION

That the Westbrook City Council hereby authorizes a Westbrook Environmental Improvement Corporation (WEIC) expenditure to support the FY 2017-18 operating budget for the Downtown Westbrook Coalition in the amount of $30,000.

Funds Available in budget line: 22001390-53410-02299

First Reading: October 16, 2017 Second and Final Reading: November 6, 2017

Attest:

______Deputy City Clerk Mayor

CITY OF WESTBROOK, MAINE IN CITY COUNCIL

Date: November 6, 2017

Resolve: 2017-026

AUTHORIZATION OF THE 2018 LAND & WATER CONSERVATION GRANT APPLICATION FOR THE CORNELIA WARREN RECREATION AREA

That the Westbrook City Council hereby authorizes the Administration to apply, on behalf of the City of Westbrook, for federal financing assistance under the provisions of the Land and Water Conservation Fund Act, Public Law 88-578 for the Cornelia Warren Recreation Area; and further authorize the Administration to enter into the Land and Water Conservation Fund Project Agreement with the State of Maine subsequent to federal approval of the project. If tax appropriations are being used for all or part of the local share of the project costs, the City must raise the funds through the Council action. The local sponsor is obligated to pay all cost of the project ‘up-front’. Therefore, there may be the need to authorize the borrowing of funds which will be repaid by federal reimbursement.

First and Final Reading: November 6, 2017

Attest:

______Deputy City Clerk Mayor

CITY OF WESTBROOK, MAINE IN CITY COUNCIL

Date: November 6, 2017

Resolve: 2017-027

APPROVING THE APPOINTMENT OF STEVEN RAND TO THE WESTBROOK ENVIRONMENTAL IMPROVEMENT CORPORATION (WEIC)

That the Westbrook City Council hereby approves the appointment of Seven Rand, 127 Presidential Way, to the Westbrook Environmental Improvement Corporation (WEIC) to fill an unexpired term through December 31, 2018.

First and Final Reading: November 6, 2017

Attest:

______Deputy City Clerk Mayor CITY OF WESTBROOK, MAINE IN CITY COUNCIL

Date: November 6, 2017

Order: 2017-137

AUTHORIZING WAIVER OF SIDEWALK STANDARDS FOR A PORTION OF MAPLE STREET

That the Westbrook City Council hereby waives the sidewalk requirement contained in the Land Use Ordinance, Chapter V, Section 502 (C), Design Standards for Streets and Private Rights of Way, for the portion of Maple Street from its intersection with Union Street to its intersection with East Valentine Street, based on site conditions and feedback received from homeowners residing along this section of Maple Street.

First and Final Reading: November 6, 2017

Attest:

______Deputy City Clerk Mayor Katherine Gray, P.E. Public Services Department Wastewater Division Manager 371 Saco Street Westbrook, ME 04092 (207) 854-0660 (207) 854-0672 FAX

DATE: October 30, 2017

TO: Honorable City Council

FROM: Katherine S. Gray, PE

RE: Petition to Remove Sidewalk on 2018 Maple Street Design

The Department of Engineering and Public Services requests City Council to consider the attached petition to remove the sidewalk from the design of Maple Street. On August 9th, the City held a public meeting for the 2018 CSO Separation project that will involve New Gorham Road and Maple Street neighborhoods. In the preliminary design the roadways are being designed per City Ordinance which requires a road width of 24 feet and adding sidewalks whenever feasible. Of the attendees, several of them voiced their aversion to the new sidewalk proposed on the western side of the street. The property owners of the neighborhood were told that if they wanted to move forward with removing the sidewalk from the design and eventual construction, a petition could be signed by the property owners and brought to City Council for a discussion. Attached to this memo you can find the meeting minutes and attendees at the August 9th public meeting and petition. On October 23rd, this issue was brought forth to the Facilities & Sidewalks committee. The waiver of the sidewalk on Maple Street was approved by a 3-to-2 vote. I will be in attendance at Monday’s Council meeting on November 6th to answer any questions you may have.

Meeting Notes w/ City of Westbrook

Project: Maple Street and New Gorham Road SS GPCEI Project No: 3283 Client: City of Westbrook Date: August 9, 2017 (Wednesday) Time: 6:00 – 7:30 PM Location: Westbrook Public Works

Attendees  Eric Dudley  Katherine Gray  Will Haskell  Owen Chaplin  Jay Arnold  Neighborhood residents (see attached sign-in sheet) Maple Street Neighborhood  Will Haskell introduced the project.  Project bid advertisement is scheduled for this winter (2018 construction).  Maple Street residents objected to the proposed sidewalk shown on the 30% plans. According to some residents, Maple Street has low traffic and a sidewalk isn’t necessary.  Maple Street residents concerned with roadside drainage. GP will add curbing to both sides of Maple Street.  #44 E Valentine Street resident had concerns with the following: 1. Proposed Maple St sidewalk impacts to lilac bush, flower boxes 2. Drainage at driveway on Maple Street 3. Overall proximity of proposed sidewalk on Maple Street relative to her house  #30 Maple Street resident had concerns with the following: 1. Proposed sidewalk impacts to large trees along property line. 2. Location of proposed catch basin 3. Low points in yard  #47 Maple Street resident doesn’t want to lose tree that appears to be conflicting with existing water service on Union Street. According to Jay Arnold, PWD has a 10’ clearing requirement for all water services. City to replace tree after construction.  #34 Union Street resident thinks her existing sewer lateral is Orangeburg pipe material.  Residents had concerns with pavement condition on Union Street. Union Street is proposed to full depth reconstruction from Spring Street to Maple Street (trench cap from Maple Street to Middle Street). New Gorham Road Neighborhood  One (1) resident was in attendance.  Replace existing catch basin at Station 32+40, RT. Consider a cast iron curb inlet to help “straighten out” the curb and sidewalk.  #137 New Gorham Road resident had concerns with roadway drainage adjacent to his property: 1. Roadside catch basin (Sta. 32+40, RT) – hydraulics 2. 36” corrugated metal cross culvert – condition of pipe 1

1 of 2

CITY OF WESTBROOK, MAINE IN CITY COUNCIL

Date: November 6, 2017

Order: 2017-138

AMENDING THE UNIFORM TRAFFIC ORDINANCE, SHEDULE V (A), PARKING PROHIBITED

That the Westbrook City Council hereby amends the Code of the City of Westbrook’s Uniform Traffic Ordinance, Schedule V (A), Parking Prohibited, as outlined in the attached memorandum.

First and Final Reading: November 6, 2017

Attest:

______Deputy City Clerk Mayor City of Westbrook DEPARTMENT OF PLANNING & CODE ENFORCEMENT

2 York Street Westbrook, Maine 04092 (207) 854-0638 Fax: 1-866-559-0642

PLANNING STAFF MEMO

DATE: October 30, 2017

TO: City Council FROM: Jennie Franceschi, City Planner Cc: Mayor, City Administrator

RE: Ordinance Signage recommendations for On-street parking in Downtown Area – Safety issues

ATTACHED: - Table of Parking Recommendations - Fire & Police Dept. Letters - Maps of locations of proposed changes - Letter to Abutters - Notice

During recent Planning Review processes, Staff received concerns from residents regarding on-street parking as well as recommendations to sign specific downtown areas related to fire/emergency protection and traffic circulation. Attached are statements from the Fire and Police Departments in support of these initial recommendations.

During this parking review process, other streets were recommended because of Public Safety’s input as the traffic system in downtown has evolved over time and parking in certain locations should be signed for safety reasons.

Staff has provided to you a small list of streets (and one public parking lot) where parking signage is recommended. This process involved Police, Fire, Planning, Codes, Engineering and City Administration. In addition, these recommendations were reviewed by the Downtown Westbrook Coalition and a group of Vallee Square business owners (minutes attached) which received positive feedback.

The Council asked for further clarification on numbers of spaces impacted by the proposal. The attached spreadsheet further provides this clarification where in some instances, there is no change to the parking situation because the area has not allowed parking previously and this process is to codify the previous situation due to a name change/road re-configuration.

The Facilities and Streets Committee voted 4-2 to move this item to the November 6th City Council meeting for a formal vote on the attached table of recommendations for No Parking Signage to be placed in the City Code of Ordinances. Staff sent notification to all owners along streets recommended in the attached table.

S:\Planning\Ordinance\Parking Issues\City Council memo 11-6-17.docx Page 1 of 1 Recommended Ordinance Signage for No Parking/Limited Parking - Downtown area Street/Location Section Side Recommendation

Vallee Square Entire length both No parking on both sides of the street- This is the same policy as previously was enforced when this section was called Bridge Street. (0 Change in Parking)

Warren Block Parking Lot Access aisles Add No parking signage at spot striped closest to the bridge & turnaround Turnarounds Yellow fire lane posting, both sides- add striping along Bridge St side Suggest increased enforcement of time limit to discourage use by employees ( 0 Change in Parking Spaces - enforcing/highlighting no parking areas)

Dana Street Entire length East Side No parking on East side - Narrow ROW - 33' +/- ROW not wide enough for parking on both sides - Need 50' ROW including sidewalks Existing Conditions - 24' wide road + 8' parking one side = 32' Width does not accommodate for a sidewalk currently with parking on one side (Sidewalk will be a future concern to address) (Limited use of parking on east side currently, - The reality is no loss in parking as you can't park on both sides of road functionally)

School Street Entire length West side No parking on west side - Narrow ROW - 40' +/- ROW not wide enough for parking on both sides - Need 50' ROW including sidewalks Existing conditions - 24' wide road + 8' parking one side + 5' sidewalk = 37' (Limited parking spaces on this side- 4 spaces impacted)

Westbrook Fire & Rescue Department Fire Prevention Bureau 570 Main Street Westbrook, ME 04092 Telephone:!(207)!85420655!–!Fax:!(207)!85420657! ! ! ! ! Chief Andrew R. Turcotte Deputy Chief Steve Sloan !

To: Jennie Franceschi, P.E. From: Michael Corey, Fire Inspector Date: May 1 2017 Subject: 20 School Street

Ms .Franceschi,

I have reviewed the site plans for 20 School Street and have the following comments for consideration.

School Street, one side of the street needs to be marked "No Parking, Tow Away Zone". Twenty five feet from the stop sign located at Main and School Street needs to be marked "No Parking From Here to Sign, Tow Away Zone”.

Fire Lanes need to be provided in front of the building, a fire lane must also be provided at the sprinkler FD location. "No Parking, tow away Zone" will be marked as required and maintained at all times.

Signage must be provided for property and the address must be clearly visible.

Suite numbers for must be clearly marked at the entrance of the building. The proposed building will meet the fire protection requirements as determined by the fire department, upon submittal of building plans.

The parking lot entrances will be designed to permit a 40 foot apparatus with a 45 degree cramp angle, and 234" wheelbase, to readily and safely negotiate this area of the private way. This building will require a NPFA 13 sprinkler system. Also this building will be required to have a fully addressable fire alarm system per NFPA 72. A Knox box will be required on the building. Type of Knox box and location to be determined by the fire department.

This letter should not be taken as an all-inclusive review and we reserve the right to add or amended this letter at any time. If you have any questions or concerns please feel free to contact me.

Respectfully,

Michael Corey CFI-1 Fire Inspector

cc: FD Administration Code Enforcement Dana Street ® Westbrook, ME 1 inch = 33 Feet October 3, 2017 www.cai-tech.com 0 33 67 100

Hydrant

No Parking

Data shown on this map is provided for planning and informational purposes only. The municipality and CAI Technologies are not responsible for any use for other purposes or misuse or misrepresentation of this map. School Street ® Westbrook, ME 1 inch = 33 Feet October 3, 2017 www.cai-tech.com 0 33 67 100

No Parking

Data shown on this map is provided for planning and informational purposes only. The municipality and CAI Technologies are not responsible for any use for other purposes or misuse or misrepresentation of this map. Vallee Square ® Westbrook, ME 1 inch = 67 Feet October 3, 2017 www.cai-tech.com 0 67 134 201

No Parking

Data shown on this map is provided for planning and informational purposes only. The municipality and CAI Technologies are not responsible for any use for other purposes or misuse or misrepresentation of this map. Vallee Square ® Westbrook, ME 1 inch = 33 Feet October 3, 2017 www.cai-tech.com 0 33 67 100

No Parking

Data shown on this map is provided for planning and informational purposes only. The municipality and CAI Technologies are not responsible for any use for other purposes or misuse or misrepresentation of this map. WARREN BLOCK

VALLEY SQ.

MAIN STREET City of Westbrook DEPARTMENT OF PLANNING & CODE ENFORCEMENT

2 York Street Westbrook, Maine 04092 (207) 854-0638 Fax: 1-866-559-0642

PLANNING STAFF MEMO

DATE: October 30, 2017

TO: Land Owners abutting Streets where On-Street/Public Parking Designation is proposed to be Signed No Parking – November 6th City Council Meeting

FROM: Jennie Franceschi, City Planner Cc: Mayor, City Council

RE: Ordinance Signage recommendations for On-street parking in Downtown Area – Safety issues

ATTACHED: - Table of Parking Recommendations

You are receiving this notice as your property abuts a Street or Public Parking Lot where No Parking Signs are proposed to be added into the City’s Code of Ordinances.

During recent Planning Review processes, Staff received concerns from residents regarding on-street parking causing traffic flow issues, as well as recommendations to sign specific downtown areas as No Parking related to fire/emergency protection and traffic circulation.

During the course of this parking review process, other streets were recommended as a result of Public Safety’s input as the traffic system in downtown has evolved over time and parking in certain locations should be signed for safety reasons. The streets in some cases are very narrow and do not afford the needed width for an on-street parking spot. In other cases, the currently used area for parking was never designated spaces but rather informal parking and results in blind backing out maneuvers into Bridge St which is a major safety hazard.

Attached is the list of streets (and one public parking lot) where “No Parking” signage is recommended. This process involved Police, Fire, Planning, Codes, Engineering and City Administration. In addition, these recommendations were reviewed by the Downtown Westbrook Coalition and a group of Vallee Square business owners which received positive feedback.

The City Council asked for clarification on numbers of spaces impacted by the proposal. The attached spreadsheet provides this clarification. In some instances, there is no change to the parking situation because the area has not allowed parking previously and this process is to codify the previous situation due to a name change/road re-configuration.

The Facilities and Streets Committee voted 4-2 to move this item to the November 6th City Council meeting for a formal vote on the attached table of recommendations for No Parking Signage. Public testimony will be allowed at this meeting. The Meeting will start at 7 pm in room 114 at Westbrook High School. This is a one-reading item, so the November 6th date is the only date the item will be heard. Please attend if you would like your comments considered by the City Council.

S:\Planning\Ordinance\Parking Issues\Abutter's letter - prior to Council.docx Page 1 of 1 CITY OF WESTBROOK, MAINE IN CITY COUNCIL

Date: November 6, 2017

Order: 2017-139

AUTHORIZING ACCEPTANCE OF POLICE DEPARTMENT ASSEST FORFEITURE FUNDS

That the Westbrook City Council hereby authorizes the Police Department to accept a combined total of $2,320.25 in forfeiture funds as determined by the State of Maine due to substantial contributions to the investigations of certain criminal cases.

Funds to be deposited in revenue line: 21002110-49000-02113

First and Final Reading: November 6, 2017

Attest:

______Deputy City Clerk Mayor

CITY OF WESTBROOK, MAINE IN CITY COUNCIL

Date: November 6, 2017

Order: 2017-140

AWARD OF BID FOR POLICE DODGE CHARGER PURSUIT VEHICLE

That the Westbrook City Council hereby authorizes an award of bid for one (1) Police Dodge Charger Pursuit vehicle to Lee Dodge-Chrysler-Jeep-Ram of Westbrook, ME, low bidder, at a total cost of $41,666.00.

Funds available in budget lines:

Year one -40002000-58900-C1723: $14,200 Balance after year one – 10002110-54420 (Vehicle Lease)

First Reading: November 6, 2017 Second and Final Reading:

Attest:

______Deputy City Clerk Mayor

City of Westbrook, Maine OFFICE OF THE CITY CLERK

City Clerk’s Office Phone: 207-591-8131 2 York Street Fax: 207-854-0635 Westbrook, Maine 04092 Email: [email protected]

BID OPENING MINUTES Police Dodge Charger Westbrook City Hall, 2 York Street Monday October 30, 2017

Call to Order. Called to order at 9:00am by Deputy City Clerk Ashley Rand.

Attendance: Shawn Adams (Public Safety Lead Technician); Sean Lally (Police Captain); Ashley Rand (Deputy City Clerk)

Advertisement. Ms. Rand noted for the record that notice of this bid opening for one (1) Dodge Charger Vehicle was published on the City’s website on October 10, 2017 and in the American Journal on October 19 & 26, 2017. Such notice stated that all bids must be received by 9:00am on Monday October 30, 2017.

Bid Opening. Included below is an outline of the one (1) sealed bid received by the posted deadline.

Company Name: Lee Dodge Chrysler Jeep Ram Date/Time Received: Friday October 27, 2017 at 3:00pm Total Bid Price: $41,666

Included below is an outline of the one (1) bid received by email by the posted deadline.

Company Name: Central Maine Motors Auto Group Date/Time Received: Friday October 27, 2017 at 6:58pm Total Bid Price: $41,899

Bid Referral. A copy of the bid was referred to Captain Lally for review.

Adjournment. Adjourned at 9:06am.

CITY OF WESTBROOK, MAINE IN CITY COUNCIL

Date: November 6, 2017

Order: 2017-141

AWARD OF BID FOR PUBLIC SERVICES REPLACEMENT SIDEWALK PLOW

That the Westbrook City Council hereby authorizes an award of bid for the purchase of one (1) replacement sidewalk plow unit to HP Fairfield of Scarborough, ME at a total cost of $139,949.00 as recommended in the attached memo.

Funds available in budget lines:

Year One- 4000-3000-58900-C1703 Year Two through Five- 1000-3110-54420

First Reading: November 6, 2017 Second and Final Reading:

Attest:

______Deputy City Clerk Mayor

CITY OF WESTBROOK, MAINE IN CITY COUNCIL

Date: November 6, 2017

Order: 2017-142

AWARD OF BID FOR FIRE DEPARTMENT EXTRICATION EQUIPMENT

That the Westbrook City Council hereby authorizes an award of bid for Fire Department extrication equipment to IPS of South Portland, ME, low bidder at a total cost of $38,808 as outlined in the attached memorandum.

Funds available in budget line: 40002000-58900-C1718

First Reading: November 6, 2017 Second and Final Reading:

Attest:

______Deputy City Clerk Mayor

Westbrook Fire & Rescue Department 570 Main Street, Westbrook, ME 04092 Telephone: (207) 854-0654 Fax: (207) 854-0657 Chief Andrew Turcotte Deputy Chief Steve Sloan

TO: Jerre Bryant, City Administrator FROM: Andrew Turcotte, Fire Chief DATE: October 19, 2017 RE: Extrication Equipment Purchase

As part of our 2017 capital improvement program, the Fire Department submitted a proposal to replace/supplement our existing hydraulic extrication tools. Due to our aging hydraulic extrication equipment and fact that we are now trained in confined space rescue, the Department looked at battery powered extrication tools. The administration researched both hydraulic and battery powered extrication tools and gathered quotes from multiple vendors. Based on the initial vendor feedback and what we were looking at for tools, the estimated replacement cost was $54,000.

The Department conducted an extensive evaluation of three major manufacturers that supply battery powered tools and received updated quotes from the three major vendors. The three major manufacturers that provided demonstrations for the Department included Genesis, Holmatro, and Hurst. The battery powered tools manufactured by Holmatro and supplied by IPS of South Portland, Maine, was recommended by each of the 10 firefighters that attended and participated in the tool demonstration. IPS was also the lowest quote received and came in well below the projected cost at $35,586.

IPS will also provide loaner extrication equipment free of charge in the event any of our equipment needs to be sent out for repair. Homatro’s warranty is ten years on all parts and components excluding batteries and a lifetime warranty on manufacturer defects.

During our tool evaluation, we also determined that our Department needed to replace the cribbing used to stabilize a motor vehicle as well as how we remove laminated glass. Previously laminated glass was only found in the windshields of most vehicles. However, in almost all newer vehicles, laminated glass is found not only in windshields but in every window. This creates difficulty for responders as we need to remove all the glass from a vehicle before we begin using hydraulic tools and begin the extrication process. The cost of the cribbing kit is $1,473. The cost for two rhino glass cutters is $1,214, and the cost for two tool mounting kits is $445. The cost of shipping for the cribbing kit, tool-mount kits and glass cutters is $140.

The total cost of the extrication equipment including the battery powered tools, cribbing, glass cutters, tool mounting kits and shipping for the cribbing is $38,808. I have attached vendor quotes and our membership evaluation forms.

. V·

125 John Roberts Rd South Portland, ME 04106 PH: 207-847-3313 Jon Usher-Maine Sales [email protected]

PRICE QUOTE FOR: DATE: Westbrook Fire Department 9/15/2017 Deputy Chief Stephen Sloan 570 Main St Westbrook, ME 04092

Product/Description Price Ea

Holmatro GSP 5250 EVO 5Ah Battery Spreader $7,609.00 p/n 158.052.116

Holmatro GSP 5240CL EVO 5Ah Battery Spreader $7,384.00 p/n 158.052.117

Holmatro GCU 5050 EVO 5Ah Battery Cutter $7,284.00 pin 158.052.118

Holmatro GCU 5030 EVO 5Ah Battery Cutter $6,444.00 p/n 158.052.213

Holmatro GRA 4321 EVO 5Ah Battery Ram $5,790.00 p/n 158.032.007

Holmatro 4321 Ram Accessory Kit $670.00 p/n 158.032.007

Holmatro 13" Ram Extension $405.00 p/n 150.006.372

Total $35,586.00

September 12, 2017

Deputy Chief Steve Sloan Westbrook Fire Department

Re: Extrication Tool Package

Dear Deputy Chief Sloan:

Thank you for offering Northeast Emergency Apparatus LLC (''NEA") the opportunity to quote an extrication package with quality Hurst Jaws of Life(r) eDRAULIC tools. The listed equipment is separated as line items to display pricing with a bank charger instead of a package that includes a single charger and two batteries per tool. Pricing for the popular Hurst C-frame "Quick-Kick" adjustable ram support and the new TL-9 stabilization plate have been added for reference.

The following list of equipment is as requested :

Qty;_ Item: Total:

1 Hurst SP777E2 Spreader#27 l 777000- l $8,997

Hurst S700E2 Cutter #272085000-1 $7,620

Hurst SP555E2 Spreader #271555000-1 $8,600 Hurst S3l2E2 Cutter #272022000-1 $6,857

1 Hurst R421E2 Ram #274085000-1 $5,605 6 Hurst EXL Battery #272085410 $495 ea. $2,970 (2 Batteries per tool) 1 Hurst ll Ov Power Supply #272085412 $610 Hurst Bank Charger DC #272080910 $1,422 Hurst Ram Support #247r028 $630 TL-9 Stabilizer Plate $775

(includes freight, delivery & training)

* If NEA is awarded an order for one or more sets of eDraulic tools, NEA will pay up to $3,600 for Trade-In of all current Westbrook hydraulic extrication equipment, including functional tools, pumps, hoses and reels.

NORTHEAST EMERGENCY APPARATUS, LLC 440 Washington Street (N), Auburn, ME 04210 Ph: (207) 753-0080, T/F: (866) 281-0911, Fax: (207) 753-0090 www.northeastemen!encvapparatus .com

125 John Roberts Rd South Portland, ME 04106 PH: 207-847-3313 Jon Usher-Maine Sales [email protected]

PRICE QUOTE FOR: DATE: Westbrook Fire Department 10/19/2017 Deputy Chief Stephen Sloan 570 Main St Westbrook, ME 04092

Product/Description Price Ea Qty Extension

Turtle Plastics Crib Kit A* $1,473.00 1 $1,473.00 p/n CRIBKIT A

Pac Tool Heavy Rescue Base $160.00 2 $320.00 Mount Kit p/n K5035JL

Pac Tool Ram Mount Kit $125.00 1 $125.00 p/n K1022SA

Rhino Glass Cutter $607.00 2 $1,214.00 p/n R2-BASIC

crib tool kit A (6) 2˝ x 4˝ x 18˝ Pyramid Crib (2) 2˝ x 4˝ x 12˝ Wedge (6) 4˝ x 4˝ x 18˝ Pyramid Crib (2) 4˝ x 4˝ x 20˝ Wedge (4) 4˝ x 4˝ x 18˝ Lincoln Log (2) 3˝ W x 8.5˝ Long Wedge (2) 6˝ W x 8.5˝ Long Wedge (1) 1˝ Thick x 9˝ Sq. Lock Block (1) 2˝ Thick x 9˝ Sq. Lock Block (1) 3˝ Thick x 9˝ Sq. Lock Block (2) Standard Step Chock (1) Double Wheel Chock (2) 24˝ x 17˝ x 16˝ Carrying Bag (1) Crib Toter

Shipping Charge On Crib Kit: $140.00

Quotation

Date: Submitted By: Harrison Shrader Enterprises 9/19/2017 Willie Burk 13 Westminster Street Lewiston, Me 04240 207-241-0325 Fax: 207-553-2288 www.hsefiresafety.com

Quotation For: Westbrook Fire Department 570 Main Street Westbrook, ME 04092

CONTACT: EST. SHIP DATE SHIP VIA TERMS

QUANTITY DESCRIPTION EXT. PRICE

2 Genesis C236 NXTGEN Cutter EForce 2.0 p/n ART.107.526.2 $ 8,418.00 $ 16,836.00

w/1 Milwaukee 28V 5.0 battery

2 Genesis S53 Spreader EForce 2.0 p/n ART.107.779.1 $ 8,246.00 $ 16,492.00

w/1 Milwaukee 28V 5.0 battery 1 Genesis 21"-36" Ram EForce 2.0 p/n ART.107.527.2 $ 6,371.50

w/1 Milwaukee 28V 5.0 battery 1 Genesis ePack E28 13Ah LiPO Kit Yellow $ 1,225.00

(charger, pack & cable) p/n ART.110.100.0Y

1 Genesis 110v AC Tethering Adapter p/n ART.106.042.6 $ 995.00 1 Trade in allowance of existing extrication equipment $ (4,250.00)

Thank You

TOTAL $ 37,669.50

SIGNATURE: ABOVE PRICING WILL BE HONORED FOR:

WESTBROOK FIRE DEPARTMENT - EXTRICATION TOOL EVALUATION

Genesis Holmatro Hurst

Auxiliary Handle on Proprietary Battery Speed – Quick to get there Spreaders convenient Battery lasted throughout Ease of Operation Handle on cutters – Nice demo and none needed to 2 Stage Ram that they are adjustable be changed. Lowest at half Ram is convenient, great Compact tools/Balanced Annual Pressure Testing performance and extension though seemingly heavy 30 Degree Cutter Angle Spreaders are tip heavy Maneuverable to get into Ram is more complicated spaces easy Old style tips/slippery moving parts/Accessories Throttle Position – Though Have to overhaul the tool Comfortable Spreaders beneficial to be able to every 2 years actuate easily from various Good Tips tool positions, the potential Proprietary Battery LED lighting in Handle of inadvertent unintentional Quick Drain on Battery – activations also seems to be Ease of operation Replaced during operations likely during operations Balanced tools Battery loads from rear Too Fast? Kept popping out Good Operational Speed LED’s on Device “Awkward Operation” and consistent force Large Central Bolt in the way

Small opening to cutters

Generation 1 Demo not 2

Milwaukee Battery – Commercially available.

Difficult to Change Battery

Battery life – Drained Fast/Changed during operation

Known Battery to the Department – Recip Saws

Comparative Battery cost to proprietary batteries is negligible.

Extrication Tool Evaluation 1-Sep-17 Manufacture Holmatro Hurst Genesis

Large Spreader 7,609.00 8,997.00 8,418.00 Medium Spreader 7,384.00 8,600.00 8,021.00

Large Cutter 7,284.00 7,620.00 8,246.00

Medium Cutter 6,444.00 6,857.00 7,870.00

Ram Set 5,790.00 5,605.00 6,371.00

Accessories 1,075.00 1,405.00

Batteries 2,970.00 2,220.00

Trade in Option 0 -3,600.00 -4,250.00

Operational Weight of Cutter $35,586 $38,454 $36,896

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General Purpose - GP

0

Cutter CU 4035 C GP

General Purpose Cutter - CORE version.

Standard supplied with:

• Carrying handle with integrated lighting • i-Bolt Technology • CORE Technology

https://www.holmatro.com/ en/disaster-response-rescue/producten/3 2-cutter-cu-403 5-c-gp.... 11/2/2017 rage l or 'J

Battery Tools

Spreader GSP 5240 EVO 3 (excl. battery)

Spreader - 5000 series, battery-operated model. Suitable for spreading, squeezing and (with accessories) pulling. Part of our latest EVO 3 range, offering a higher speed when it counts (under load) at a lower weight and noise level.

Standard supplied with:

• Carrying handle with integrated LED lighting

https://www.holmatro.com/en/disaster-response-rescue/producten/3 8268-spreader-gsp-524... 11/2/2017 H.U.•H '-J J.u-1. "TJL... 1 L v v J \.c;A\;l. UQ.ll!VlJ ) - DUlUli:ilfU .rage lor l L

16 Ton

Ram GRA 4321 EVO 3 {excl. battery)

Ram with one plunger - 4000 series, battery-operated model. Part of our latest EVO 3 range, offering a higher speed when it counts (under load) at a lower weight and noise level.

Standard supplied with:

• Carrying handle with integrated LED lighting

https://www.holmatro.com/en/disaster-response-rescue/producten/3 8281-ram-gra-4321-ev... 11/2/2017 -r.... ----.-. """"...., ...... , ..,_ ..,, v ..L..J T '-' _, ,_.llo..-.1.. V\.4&.&.-.L.J J - ..l. ..l.VJ..J.J.J.ULJ. V r age; i v1 i v

Battery Tools

0

Spreader GSP 5250 EVO 3 (excl. battery)

Spreader - 5000 series, battery-operated model. Suitable for spreading, squeezing and (with accessories) pulling. Part of our latest EVO 3 range, offering a higher speed when it counts (under load) at a lower weight and noise level.

Standard supplied with:

• Carrying handle with integrated LED lighting

https://www.holmatro.com/en/disaster-response-rescue/producten/3 8269-spreader-gsp-525 ... 11/2/2017 CITY OF WESTBROOK, MAINE IN CITY COUNCIL

Date: November 6, 2017

Order: 2017-143

AUTHORIZING EASEMENT FOR CONSTRUCTION OF CENTRAL STREET TURNAROUND

That the Westbrook City Council hereby approves the attached construction easement to Christopher Wilson of 270 Central Street, Westbrook, ME for the purpose of allowing hammerhead construction on a portion of city owned land (Map 25 Lot 63) as outlined in the attached memorandum.

First Reading: November 6, 2017 Second and Final Reading:

Attest:

______Deputy City Clerk Mayor City of Westbrook DEPARTMENT OF PLANNING & CODE ENFORCEMENT

2 York Street Westbrook, Maine 04092 (207) 854-0638 Fax: 1-866-559-0642

MEMO

DATE: October 30, 2017

TO: Mayor, City Council FROM: Jennie P. Franceschi, City Planner & Alex Kee, Asst. Planner Cc: City Administrator, City Clerk

RE: Central Street Lands – Construction Easement - Map 25 Lot 63

Attached: – Proposed layout for extension of Central Street - Map of Central Street with topography, Shoreland zoning (blue) & floodplains shown (pink).

Background: Currently, Central Street has a small terminus section that dead ends to provide access to 270 Central Street and the existing public right of way easement extends past the end of the built section by approximately 75’. Past that point there is a paper street that extends towards the Stroudwater River. The current built condition is a maintenance issue for public services for snow plowing with a lack of a proper turnaround. As development of the end of Central Street can occur, this situation would be a greater concern without a proper location to turn vehicles around in without having to back up the street.

Shoreland zoning (Limited Residential - Blue) covers this whole area which has a setback from the resource of 75’ along with steep topography sloping towards the river. The back quarter of the City Lands is within the 75’ Shoreland Zoning setback and the red line delineates the paper street right of way, which is not part of the lot. Request: An owner of property along the paper street of Central Street is proposing to move forward with developing the lots of record and would construct the end of Central Street to public way standards. To achieve the public way standards by providing the turnaround public services needs, the hammerhead would be constructed on a portion of lands owned by the City (Map 25 Lot 63). The attached plan shows approximately the extent of the work. The property owner, Christopher Wilson, is requesting a temporary construction easement for the hammerhead construction. The area of the hammerhead would become part of the public right of way of Central Street once constructed. The Streets and Facilities Committee heard this item on their October 23, 2017 agenda and voted 5-0 in favor of sending the item to the City Council for a formal vote. Recommendation: In summary, Staff would recommend that City Council grant to Christopher Wilson a temporary 50’ x 50’ construction easement over a portion of the land of Map 25 Lot 63 to allow for the hammerhead associated with the construction of the remainder of Central Street to public road standards. Easement will be extinguished upon completion of the work to the satisfaction of the City, or at any point that City Council determines it is in the best interest of the City to extinguish said easement for reasons such as but not limited to inactivity, inappropriate use of easement, etc.

S:\Planning\Administration\Council Items\Central Street- Wilson - Construction Easement\Central Street Construction Easement - Council Memo- 11-6- 17.docx Page 1 of 1

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GRID

Single Family Home Purchased by Wilson Map 25 Lot 65 (207) 310 - 0506 59 HARVEST HILL RD WINDHAM, ME 04062 CONSULTING ENGINEERS

LOUISE STREET

LUCILLE STREET

CITY 50 X 50 PARCEL CONSTRUCTION Part of

Map 25 Lot 65 EASEMENT DESCRIPTION

Developed Parcel Single Family home BY STROUDWATER RIVER DATE REV 250' STREET EXTENSION CENTRAL STREET

Part of Vacant Parcel Developed Parcel Map 25 Wilson Duplex Unit Lot 65

0 15 30 60 WESTBROOK, ME CENTRAL STREET SITE PLAN

GRAPHIC SCALE 17072 JOB NUMBER: 1" = 30' SCALE: 10-2-2017 DATE: SHEET 1 OF 1 S-1 Central Street ® Westbrook, ME 1 inch = 67 Feet September 26, 2017 www.cai-tech.com 0 67 134 201

LUCILLE ST 98 80 96 96 94 94 88 025-000-060B 92 78 92

025-000-065 90 90 76 74

025-000-066 CENTRAL ST 88 86 72 025-000-060 78 74 76 025-000-064 84

70 80 82 66 80 60 76 54 56 80 80 76 036-000-003 62 68 64 78 78 025-000-060C 76 72 025-000-063 58 58

72 58 66

60 68 58 56 62 005B-000-036 64 74 62 60

64 66 70 62

Street Names 81 - 100 !!!! Resource-Protection !!!! Parcel Lines - Ortho AE Water

31 - 60 !!!!!General-Development-Shoreland-Zone !!!!!!!!!! 61 - 80 !!!!! Limited-Residential !!!!! Data shown on this map is provided for planning and informational purposes only. The municipality and CAI Technologies are not responsible for any use for other purposes or misuse or misrepresentation of this map. AFTER RECORDING RETURN TO: Nicholas J. Morrill, Esq. Jensen Baird Gardner & Henry P.O. Box 4510 Portland, Maine 04112-4510

TEMPORARY CONSTRUCTION AND ACCESS EASEMENT AGREEMENT

This TEMPORARY CONSTRUCTION AND ACCESS EASEMENT AGREEMENT (“Construction Easement”) is made this ____ day of ______, 2017, by and between the CITY OF WESTBROOK, a municipality organized and existing under the laws of the State of Maine, and having a mailing address of 2 York Street, Westbrook, Maine 04092 (the “City”), and CHRISTOPHER WILSON, an individual whose mailing address is 11 Moravian Farm Road, Windham, Maine 04062 (“Wilson”).

The City hereby grants to Wilson, a temporary construction easement on, over and under property in Westbrook, Cumberland County, Maine depicted as “50 x 50 Construction Easement” (the “Temporary Easement Area”) on a plan entitled “Site Plan, Central Street, Westbrook, ME” dated October 2, 2017 and prepared by DM ROMA Consulting Engineers and attached hereto and incorporated herein as Exhibit A (the “Plan”), being a portion of the premises known as 0 Central Street and further depicted on Tax Map 25, Lot 63, dated September 2013 and on file with the City (the “City Land”).

A. The rights and easements granted herein are as follows:

1. The right of Wilson to enter the Temporary Easement Area, with people and machines, to construct, install and inspect a new hammerhead turn-a-round (the “Hammerhead”), which shall connect to the to-be-constructed extension of Central Street, in the location depicted on the Plan. The Hammerhead shall be constructed up to the standards for a public street, to the satisfaction of the City.

2. The right of Wilson to perform or have performed any necessary clearing, excavating, paving, placing of fill material, loaming, seeding, revegetation, reconstruction, and any other incidental work consistent with the above; provided, however, that prior to Wilson’s undertaking any clearing or removal of trees and other vegetative growth and prior to Wilson’s undertaking any pavement cutting or cobblestone alteration, Wilson shall provide the City reasonable advance written notice of such activity so that the parties may meet and confer about such activity before Wilson commences such activity.

3. Once Wilson commences construction activity, he shall diligently pursue the same to completion. Upon completing his construction activity, Wilson shall promptly restore the Temporary Easement Area to its original condition to the extent reasonably possible, consistent with any and all restoration requirements specified by the City.

B. Notwithstanding anything to the contrary contained herein, the rights and easements herein granted are subject to the following:

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1. The City expressly reserves and retains the right to use, or to grant to others the right to use, the surface and subsurface of, and air space above, the areas subject to the rights and easements herein granted, provided that such use shall not materially interfere with, in Wilson’s reasonable judgment, the exercise by Wilson of the rights and easements herein granted.

2. Whenever any work is performed by Wilson within the Temporary Easement Area pursuant to the provisions of a right or easement granted hereunder, such work (i) shall be performed in a safe, diligent and workmanlike manner, at Wilson’s sole cost and expense, in compliance with all applicable laws, ordinances, and regulations, including, without limitation, any and all requirements of the City regarding land use approvals; and (ii) shall be performed in a manner that causes the minimum of interference with the City’s use and enjoyment of the Temporary Easement Area and shall not unreasonably interfere with the City’s use of Central Street.

3. Upon completion of the construction activity, and the Hammerhead, the Hammerhead shall become part of the public right of way of Central Street, and Wilson shall have no rights or claims to the Hammerhead, except the right of the general public to use the Hammerhead.

This Construction Easement terminates upon completion of Wilson’s construction activity, to the satisfaction of the City, or at any point that the City Council determines it is in the best interest of the City to extinguish this Construction Easement for reasons such as, but not limited to, inactivity or inappropriate use of this Construction Easement or the Temporary Easement Area.

[SIGNATURE PAGES TO FOLLOW]

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IN WITNESS WHEREOF, the City of Westbrook has caused this instrument to be executed and delivered in its name by Michael Sanphy, Mayor, hereunto duly authorized, this _____ day of ______, 2017.

CITY OF WESTBROOK

______By:______Michael Sanphy Title: Mayor

STATE OF MAINE COUNTY OF CUMBERLAND, ss. , 2017

Personally appeared before me the above-named Michael Sanphy, Mayor of the City of Westbrook, and acknowledged the foregoing instrument to be his free act and deed in his said capacity, and the free act and deed of said City of Westbrook.

______Notary Public Printed Name: My Commission Expires:______

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IN WITNESS WHEREOF, Christopher Wilson has set his hand and seal this _____ day of ______, 2017.

______Christopher Wilson

STATE OF MAINE COUNTY OF CUMBERLAND, ss. , 2017

Personally appeared before me the above-named Christopher Wilson, and acknowledged the foregoing instrument to be his free act and deed.

______Notary Public Printed Name: My Commission Expires:______

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EXHIBIT A [Plan]

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