finance committee meeting

WESTBROOK CITY COUNCIL AGENDA

MONDAY, MARCH 2 2015 AT 7:00PM

WESTBROOK HIGH SCHOOL ROOM 114

ROLL CALL

SALUTE THE FLAG

APPROVAL OF THE FOLLOWING MINUTES:

FEBRUARY 9, 2015 FINANCE COMMITTEE MINUTES

FEBRUARY 9, 2015 CITY COUNCIL MINUTES

MAYOR’S MESSAGE

OFFICIAL SONG OF CITY OF WESTBROOK PROCLAMATION

APPOINTMENT TO PUBLIC SAFETY COMMISSION (MERRILL)

APPOINTMENT TO WALKER LIBRARY BOARD OF REGENTS (PERSONS)

STUDENT REPRESENTATIVE UPDATE

PUBLIC COMMENT

UNFINISHED BUSINESS

ORDERS OF THE DAY

2015-14 AUTHORIZING LEASE PURCHASE OF EQUIPMENT

2015-15 AUTHORIZING LEASE PURCHASE OF EQUIPMENT

10.

11.

12.

13.

14.

6.

7.

8.

9.

4.

5.

2015-16 APPROVING FUNDING FOR RIVERWALK AND BRIDGE STREET IMPROVEMENTS

2015-17 APPROVING WAGE ADJUSTMENTS FOR NON-UNION PERSONNEL

2015-18 APPROVING REVENUE AND EXPENDITURE ADJUSTMENTS TO FY 2014-2015 BUDGET

NEW BUSINESS

BUSINESS LICENSES:

1.

2.

3.

APPEAL OF DENIAL OF TAXI DRIVER LICENSE APPLICATION – HABIBZAI

APPEAL OF DENIAL OF TAXI DRIVER LICENSE APPLICATION – RUTHERFORD

LIQUOR LICENSE RENEWAL – DANCING ELEPHANT, 855 MAIN ST.

RESOLVES:

CONFIRMATION OF APPOINTMENT OF CODE ENFORCEMENT OFFICER (FINOCCHIETTI)

CONFIRMATION OF RE-APPOINTMENT TO WESTBROOK HOUSING BOARD OF COMMISSIONERS (EMERY)

CONFIRMATION OF RE-APPOINTMENT TO SEWER COMMISSION (BOIS)

CONFIRMATION OF RE-APPOINTMENT TO BOARD OF ASSESSMENT REVIEW (MERRIMAN, QUIGLEY, BENNETT)

CONFIRMATION OF APPOINTMENT TO RECREATION & CONSERVATION COMMISSION (Lain)

PLANNING BOARD CHAIRMAN’S ANNUAL REPORT (Planning Board)

ORDERS – TWO READINGS:

AMENDING CHAPTER 29 – BANNER SIGNS IN THE PUBLIC RIGHT OF WAY (Facilities & Streets Committee)

AMENDING CHAPTER 20 – REGULATION OF BOTTLE CLUBS (Committee of the Whole)

LAND USE ORDINANCE AMENDMENTS RE: BOTTLE CLUBS (Planning Board)

AUTHORIZING PURCHASE OF PUBLIC SAFETY ADMINISTRATIVE PRINTER (Police)

APPROVING 2015-2016 ANNUAL CONTRACT WITH ANIMAL REFUGE LEAGUE (Admin.)

PUBLIC COMMENT

REFERRALS

Colleen Hilton

Mayor [email protected]

Jerre R. Bryant

City Administrator [email protected]

To: Honorable City Council

From: Jerre R. Bryant, City Administrator

Date: February 27, 2015

Subject: City Council Meeting of March 2, 2015

2 York Street

Westbrook, Maine 04092

Phone: (207)591-8110

Fax: (866)405-0776

City Council

MAYOR’S MESSAGE

This is a Mayoral Proclamation proclaiming the

Song of Westbrook

by

Al Hawkes to be the Official Song of the City of Westbrook.

This is the Mayor’s appointment of Shannon Merrill, 360 Pride Street to

 the to the Public Safety Commission.

This is the Mayor’s appointment of Alice Persons, 16 Walton Street to the

Walker Memorial Library Board of Regents.

2015-14

ORDERS OF THE DAY

This authorizes a lease purchase agreement and appropriates funding for the financing of two (2) 2015 Ford Utility Interceptor Police Vehicles (purchase approved by the City Council on 8/18/14) for use by the Police Department and appropriates $2,160.60 to fund the financing costs for this three-year municipal lease purchase. The purchase and financing costs are funded in the Police

Department’s operating budget. The city qualifies for tax exempt financing and utilizes shorter term (3 to 5 year) lease purchase agreements for the acquisition of small and medium size vehicle and equipment purchases. This financing instrument enables the city to maintain responsible vehicle/equipment replacement schedules by spreading the cost of these purchases over multiple budget years. Authorization of this lease purchase agreement and appropriation of funding is supported by the Administration, was approved by the Finance

2015-15

Committee, received first reading on February 9, 2015 and is in order for final council action.

This authorizes a lease purchase agreement and appropriates funding for the financing of one (1) 2015 Ford Explorer (purchase approved by the City Council on 9/15/14) for use by the Fire & Rescue Department and appropriates $2,260.80 to fund the financing costs for this five-year municipal lease purchase. The purchase and financing costs are funded in the Fire/Rescue Department’s operating budget. The city qualifies for tax exempt financing and utilizes shorter

2015-16

2015-17

2015-18 term (3 to 5 year) lease purchase agreements for the acquisition of small and medium size vehicle and equipment purchases. This financing instrument enables the city to maintain responsible vehicle/equipment replacement schedules by spreading the cost of these purchases over multiple budget years. Authorization of this lease purchase agreements and appropriation of funding is supported by the

Administration, was approved by the Finance Committee, received first reading on February 9, 2015 and is in order for final council action.

This authorizes the funding of $91,000 from the Westbrook Environmental

Improvement Corporation ($72,800) and the Recreation & Conservation

Commission ($18,200) to cover a portion of the construction costs for the expanded boardwalk/overlook at Sacarappa Falls. The overlook was added to the

Bridge Street Bridge project in response to public input calling for enhanced visual access of the falls. The City was able to absorb a significant portion of the cost for this added component from savings realized in final engineering and the bidding process. The low bid exceeded the projected budget by $91,000.

Because the purpose of this component of the bridge project is consistent with the mission of both of these organizations, a funding request was presented at a joint meeting of the WEIC Board of Directors and the Recreation & Conservation commission. The requested funding was approved on an 80%/20% split between the two organizations. The Administration is very appreciative of this support and recommends council approval. This item received first reading on February

9, 2015 and is in order for final council action.

This authorizes a 2.25% wage adjustment for non-union municipal employees, effective January 1, 2015. The city has 150 full-time employees, with 128 who are represented by five labor unions and 22 non-union workers. The three-year labor contracts covering the period of July 1, 2012 through June 30, 2015 provide for an average annual half-year adjustment of 2.25% on January 1st of each year. This effectively postponed wage adjustments by 6 months into each contract year, from

July 1st to January 1st. Those contacts also made significant adjustments to the employee health insurance program, resulting in an immediate 19% reduction in the city’s premium cost, with additional savings being realized in each subsequent year of the contracts. There was also a 25% reduction in the city’s contribution to the 401(A) pension program, which is a less costly pension plan for the city and covers a large number of employees in the General Unit, Public Services Unit and

Public Safety Dispatch Unit. We have traditionally provided equivalent treatment of our nonunion employees on major economic items. The non-union employees were subject to the same changes in their health insurance program and their

401(A) pension program. A portion of the savings for all municipal employees was used to reduce municipal expenses and a portion was used to fund the 2.25% half-year wage adjustments. In January of 2013 and 2014, all union and nonunion employees received comparable wage adjustments and we are proposing the same for January 1, 2015. The costs for all wages are included in the FY

2014-15 municipal budget. This wage adjustment is supported by the

Administration, was given first reading on February 9, 2015 and is in order for final council action.

This authorizes an adjustment to both budgeted revenue and appropriated expenditures in the FY 2014-15 municipal budget. This will cover expenditures for overtime in for Police, Fire/Rescue and Dispatch personnel and provides additional staff resources to Code Enforcement for the investigation and enforcement of reported code violations. These additional expenditures are fully

covered by revenue that is exceeding budget projections in the categories of building and inspection fees and excise tax collections. This mid-year correction is being handled through existing, available resources, as follows:

Revenue Adjustments Category Adjustment New Total

1000-32101-00000-100-2

1000-32110-00000-100-2

1000-32220-00000-100-1

1000-33527-00000-300-3

1000-34895-00000-100-2

1000-36200-00000-000-1

Building Permits +$75,000

Plumbing/Electrical Permits +$10,000

Excise Taxes

MDOT Allocation

$225,000

$35,000

$300,000 $2,850,000

-$50,000 $188,456

2% Inspection Fees

Rental Revenues

+$15,000

+$15,000

+$365,000

$40,000

$75,000

Expenditure Adjustments Category Adjustment New Total

Engineering & Code Enforcement

1000-41810-41100-100-0

Police

1000-42110-41300-200-0

Dispatch

1000-42150-41300-200-0

Fire

1000-42210-41300-200-0

Salaries

Overtime

Overtime

Overtime

+$25,000

+$90,000

+$50,000

+$200,000

$192,811

$205,691

$106,304

$480,000

2.

+$365,000

These revenue and expenditure appropriation adjustments are recommended by the Finance Committee, are supported by the Administration, received first reading on February 9, 2015 and are in order for final council action.

NEW BUSINESS

Items 1 - 10 require one reading and are on this council agenda for final council action.

1.

This is the appeal of the City Clerk’s denial of a Taxi Driver License Application from

Mohammad Habibzai, 33 Colonial Road, Westbrook. The denial by the City Clerk was because the applicant failed to meet the application requirement of reporting all motor vehicle convictions within the past five (5) years. The applicant failed to report a conviction for speeding in 2014. Mr. Habibzai is appealing this denial to the City

Council. A copy of the application and the Clerk’s denial letter are enclosed. Appeals of this nature are a relatively infrequent occurrence and the City Solicitor will be at

Monday’s meeting to advise the council on any procedural matters.

This is the appeal of the City Clerk’s denial of a Taxi Driver License Application from

Todd Rutherford, 52 Church Street, South Portland. The denial by the City Clerk was because the applicant failed to meet the application requirement of reporting all convictions for reckless driving, driving to endanger, operating or attempting to operate

3.

4.

under the influence. The applicant failed to report a conviction for operating under the influence in 1991. Mr. Rutherford is appealing this denial to the City Council. A copy of the application and the Clerk’s denial letter are enclosed. Appeals of this nature are a relatively infrequent occurrence and the City Solicitor will be at Monday’s meeting to advise the council on any procedural matters.

This is an application for renewal of a State Liquor License from Iqubal Hossain d/b/a

The Dancing Elephant, 855 Main Street. The Police Department finds no reason for denial of this application which is in order for city council action.

This is the confirmation of the Mayor’s appointment of David Finocchietti as a Code

Enforcement Officer for the City of Westbrook. David was recently hired to the position of Code Compliance Officer. While the primary focus of this position will be problem properties and a variety of other code compliance issues, David will also provide support, depth and redundancy in code enforcement function. Under both State Statue and City

Ordinance, any code enforcement officer must be appointed by the local municipal officers. This appointment is recommended by the Administration and is in order for council action.

5.

6.

7.

8.

This is the confirmation of the Mayor’s re-appointment of Lewis Emery to The Housing

Authority of the City of Westbrook Board of Commissioners. This appointment is supported by the Administration and is in order for council action.

This is the confirmation of the Mayor’s re-appointment of Paul Bois to the Westbrook

Sewer Commission. This appointment is supported by the Administration and is in order for council action.

These are confirmations of the Mayor’s re-appointments of Richard Merriman, Ward 4,

Stephen Quigley, Ward 5 and John Bennett, At-Large to the Board of Assessment

Review. These re-appointments are supported by the Administration and are in order for council action.

This is the confirmation of the Mayor’s appointment of Warren Lain to the Recreation &

9.

Conservation Commission. This appointment is supported by the Administration and is in order for council action.

This is the receipt of the Planning Board Chair’s Annual Report for 2014. The high level of activity for this board is a good indicator of the economic strength and growth activity of the community.

Items 10 - 14 require two readings and are on this council agenda for first reading.

10.

This is a proposed amendment to Chapter 29 Streets & Sidewalks establishing a location and criteria for placement of community event banners across Main Street near the entrance to Riverbank Park. This ordinance is recommended by the Facilities & Streets

Committee and calls for the city to install two utility poles for the placement of such banners to promote community events. While Bob Barton has been a catalyst for this concept, the events he wishes to see promoted in this fashion are all city sponsored events so the city would be the applicant. However, the ordinance establishes the procedure and criteria for other non-profit organizations to be able to utilize the event banner promotion opportunity for their community events. This ordinance amendment is recommended by the Facilities & Streets Committee, is supported by the Administration and is in order for first reading.

11.

This is a proposed amendment to Chapter 20 – Licenses & Permits establishing a permitting process and regulations governing the operation of Bottle Clubs. The regulations limit the hours of operation and require a minimum setback of 300 feet from any residence, church or school. This ordinance amendment is recommended by the

Committee of the Whole, is supported by the Administration and is in order for first reading.

12.

This is a proposed amendment to the Land Use Ordinance designating the Industrial Park

District along Warren Avenue as the zone in which Bottle Clubs are a permitted use. As with the previous item on the council’s agenda, this ordinance amendment also restrict the hours of operation and requires the minimum 300 foot setback from any residence, church or school. This Land Use Ordinance amendment is recommended by the Planning

Board, is supported by the Administration and is in order for first reading and the setting of a public hearing for Monday, April 6, 2015.

13.

This authorizes the purchase of a Kyocera TASKalfa 305ci color printer for the Public

Safety Building from Portland Computer Copy, Inc. (PCCI) of Portland at a purchase price of $6,795. This copier replaces two printers, a black & whiter printer that will be transferred to the Fire Department’s Computer room and an older color copier that will be disposed. This will be used by the Police and Fire Departments administrative offices and Public Safety Dispatch. This purchase is funded through a copier reserve fund for the public safety departments. This purchase is supported by the Administration and is in order for first reading.

14.

This is the renewal of the city’s annual contract with the Animal Refuge League to provide an licensed animal control shelter for stray and lost dogs, cats and other domesticated animals. This is a requirement of state law. The rate for this service is

$1.15 per capita for an annual charge of $20,118.12 and is unchanged from the current year. The ARL provides excellent service and works effectively with the city’s animal control officer and is very conveniently located. Approval of this contract is supported by the Administration and is in order for first reading.

FINANCE COMMITTEE MEETING

FEBRUARY 9, 2015

MINUTES

PRESENT: CHAIRMAN FOLEY, COUNCILORS CHAU, O’HARA, RAIRDON,

SANPHY, PRES. RIELLY (EMERY)

ADMINISTRATION: J. BRYANT, A. GARDINER, A. TURCOTTE, W. BAKER, A.

HOLMES

Chairman Foley opened the meeting of the Finance Committee at 6:45pm for the purpose of discussion of the following:

1.

Approving Equipment Lease Purchase Financing

City Administrator Jerre Bryant identified the following pieces of equipment and their associated terms and interest fees through Gorham Savings Bank:

Two (2) police interceptor vehicles, $77,238, to be financed over 3-years at an interest rate of 2.73%.

One (1) fire department interceptor vehicle, $35,855, to be financed over 5-years at an interest rate of 3.1%.

Moved by Councilor Sanphy, seconded by Councilor O’Hara, to approve the interest rates and terms for the stated vehicles.

Vote: 6 in favor – 0 opposed

Moved by Councilor Rairdon, seconded by Councilor Sanphy, to adjourn at

6:50pm.

Vote: 6 in favor – 0 opposed mam

WESTBROOK CITY COUNCIL AGENDA

MONDAY, FEBRUARY 9, 2015 AT 7:00PM

(Meeting rescheduled from 2/2/15)

WESTBROOK HIGH SCHOOL ROOM 114

Pres. Rielly opened the meeting of the Westbrook City Council

City Clerk called the roll

Pres. Rielly, 5 Councilors (Emery), 1 student representative (Sayed) present

Salute the flag

The following minutes were approved:

JANUARY 26, 2015 FINANCE COMMITTEE MEETING

JANUARY 26, 2015 SPECIAL CITY COUNCIL MEETING

MAYOR’S MESSAGE

None for the period.

STUDENT REPRESENTATIVE UPDATE

Shannon Rielly provided an update on school-related activities and events.

PUBLIC COMMENT

None for the period.

UNFINISHED BUSINESS

2014-155 UTO AMENDMENT – SPEED LIMIT ADJUSTMENTS ON STROUDWATER AND

CUMBERLAND STREETS (Tabled on 12/1/14; 1/5/15)

City Administrator Jerre Bryant provided some background on this issue. He indicated that the Maine

Department of Transportation has agreed to reconsider its recent decision for a speed increase on these roads and that this analysis should be complete by April.

Moved by Vice Pres. Foley, seconded by Councilor Sanphy, to table the item to the first meeting in April.

Vote: 6 in favor – 0 opposed

ORDERS OF THE DAY

Moved by Vice Pres. Foley, seconded by Councilor Rairdon, for second and final reading of the following:

2015-9 AWARD OF BID FOR WALKER LIBRARY SECURITY SYSTEM UPGRADES

2015-10 APPROVING PAYMENT TO TASER INTERNATIONAL FOR POLICE TASERS

2015-11 APPROVING MAINTENANCE AGREEMENT FOR IN-CRUISER AUDIO/VIDEO SYSTEMS

2015-12 APPROVING LEASE PURCHASE OF SCBA EQUIPMENT FOR FIRE DEPARTMENT

Roll Call Vote: 6 in favor – 0 opposed

NEW BUSINESS

BUSINESS LICENSES:

1.

PUBLIC HEARING

– TAXI BUSINESS LICENSE, D-LITE TRANSPORTATION, LLC

Pres. Rielly opened the public hearing.

No one spoke.

Pres. Rielly closed the public hearing.

Moved by Vice Pres. Foley, seconded by Councilor Sanphy, to approve the license application pending vehicle inspection.

Councilor O’Hara suggested that the City consider reaching out to neighboring communities to find out if taxi businesses that hold licenses in those cities have had complaints filed against them.

Vote: 6 in favor – 0 opposed

2.

APPROVING WRITE-OFF OF UNCOLLECTIBLE ACCOUNTS

Moved by Councilor Sanphy, seconded by Councilor Rairdon, for first and final reading of Order #2015-

13, that the Westbrook City Council hereby authorizes the Tax Collector to write off the attached, uncollectible accounts, totaling $15,480.72, dating from 2012-2015, as outlined in the attached memo from the City’s Tax Collector.

Vice Pres. Foley suggested notifying existing businesses of amounts past due via future tax bills.

Councilor O’Hara asked the tax collector to send a letter to Maritimes Northeast to notify them of the past due balance.

Councilor Chau suggested creating a policy where even small amounts of unpaid taxes do not go uncollected.

Councilor Rairdon pointed out that there is only one past-due amount on the list which exceeds $10.

Roll Call Vote: 6 in favor – 0 opposed

3.

AUTHORIZING LEASE PURCHASE OF EQUIPMENT

Moved by Vice Pres. Foley, seconded by Councilor O’Hara, for first reading of Order #2015-14 (read by title only):

WHEREAS, the City desires to authorize equipment lease purchase financing to finance the costs of acquisition of two (2) police Interceptor Utility V6 all-wheel drive vehicles (the “Equipment”); and

NOW, THEREFORE, be it voted, resolved, and ordered by the City Council of

Westbrook, Maine:

Section 1. The sum of $77,238.00 has been appropriated by Order 2014-93 to pay the costs of acquisition of the two (2) police Interceptor Utility V6 all-wheel drive vehicles.

Section 2. For the purposes of financing the aforesaid appropriations, pursuant to the City

Charter and all amendments thereof and acts additional thereto, and all other authority thereto enabling, there is hereby authorized and approved one or more equipment lease purchase agreements, each such lease to be in such form and contain such terms and provisions as the Finance Committee may hereafter determine or authorize, with such terms and conditions, including the interest rate(s), term or maturity and other terms and conditions as the Finance Committee deems appropriate and to award the equipment lease purchase agreement(s) to such financial institution or institutions as it deems to be in the best interests of the City, and the Treasurer or Deputy Treasurer, Mayor, President of the City Council,

Clerk and other appropriate officers of the City are hereby authorized and empowered to do all such acts and things, and to execute, deliver, file, approve, and record all such lease purchase financing documents, leases, contracts, assignments, certificates, memoranda, abstracts, such other documents as required by the lessor(s) of such equipment, and other documents as may be necessary or advisable, with the advice of counsel for the City, as may be necessary or appropriate in connection with such lease purchase financing. If the Equipment is to be acquired by the City prior to execution of such equipment lease purchase agreement(s), the City, pursuant to Internal Revenue Service Treas. Reg. 1.150-2, hereby declares its official intent to pay, on an interim basis, costs of the Equipment, which costs the City reasonably expects to reimburse with proceeds of such tax exempt equipment lease purchase agreement(s) to be issued by the City in the maximum principal amount set forth above.

Section 3. The acquisition of the Equipment under such equipment lease purchase agreement(s) is necessary, convenient, in the furtherance of and will at all times be used in connection with the City’s governmental and proprietary purposes and functions and are in the best interests of the

City, and no portion of the Equipment will be used, directly or indirectly, in any trade or business carried on by any person other than the City on a basis different from the general public. The City covenants that it will perform all acts within its power which are or may be necessary to ensure that the interest portion of the rental payments under the equipment lease purchase agreement(s) shall at all times be and remain exempt from federal income taxation.

Vote: 6 in favor – 0 opposed

4.

AUTHORIZING LEASE PURCHASE OF EQUIPMENT

Moved by Vice Pres. Foley, seconded by Councilor O’Hara, for first reading of Order #2015-15 (read by title only):

WHEREAS, the City desires to authorize equipment lease purchase financing to finance the costs of acquisition of one (1) Fire Department 2015 Ford Utility Interceptor V6 all-wheel drive vehicle (the

“Equipment”); and

NOW, THEREFORE, be it voted, resolved, and ordered by the City Council of

Westbrook, Maine:

Section 1. The sum of $35,855.00 has been appropriated by Order 2014-119 to pay the costs of acquisition of the Fire Department 2015 Ford Utility Interceptor V6 all-wheel drive vehicle.

Section 2. For the purposes of financing the aforesaid appropriation, pursuant to the City

Charter and all amendments thereof and acts additional thereto, and all other authority thereto enabling, there is hereby authorized and approved one or more equipment lease purchase agreements, each such

lease to be in such form and contain such terms and provisions as the Finance Committee may hereafter determine or authorize, with such terms and conditions, including the interest rate(s), term or maturity and other terms and conditions as the Finance Committee deems appropriate and to award the equipment lease purchase agreement(s) to such financial institution or institutions as it deems to be in the best interests of the City, and the Treasurer or Deputy Treasurer, Mayor, President of the City Council,

Clerk and other appropriate officers of the City are hereby authorized and empowered to do all such acts and things, and to execute, deliver, file, approve, and record all such lease purchase financing documents, leases, contracts, assignments, certificates, memoranda, abstracts, such other documents as required by the lessor(s) of such equipment, and other documents as may be necessary or advisable, with the advice of counsel for the City, as may be necessary or appropriate in connection with such lease purchase financing. If the Equipment is to be acquired by the City prior to execution of such equipment lease purchase agreement(s), the City, pursuant to Internal Revenue Service Treas. Reg. 1.150-2, hereby declares its official intent to pay, on an interim basis, costs of the Equipment, which costs the City reasonably expects to reimburse with proceeds of such tax exempt equipment lease purchase agreement(s) to be issued by the City in the maximum principal amount set forth above.

Section 3. The acquisition of the Equipment under such equipment lease purchase agreement(s) is necessary, convenient, in the furtherance of and will at all times be used in connection with the City’s governmental and proprietary purposes and functions and are in the best interests of the

City, and no portion of the Equipment will be used, directly or indirectly, in any trade or business carried on by any person other than the City on a basis different from the general public. The City covenants that it will perform all acts within its power which are or may be necessary to ensure that the interest portion of the rental payments under the equipment lease purchase agreement(s) shall at all times be and remain exempt from federal income taxation.

Vote: 6 in favor -0 opposed

5.

APPROVING FUNDING FOR RIVERWALK AND BRIDGE STREET IMPROVEMENTS

Moved by Councilor O’Hara, seconded by Councilor Sanphy, for first reading of Order #2015-16, that the Westbrook City Council hereby authorizes funding in an amount not to exceed $91,000 in support of

Riverwalk and Bridge Street improvements, in conjunction with the Bridge Street Bridge replacement project, said funding to be split between the Westbrook Environmental Improvement Corporation

(WEIC (80%)) and the Recreation & Conservation Commission (20%).

Jerre Bryant provided an overview of the various funding sources for the local share of the Bridge Street Bridge replacement project.

Councilor O’Hara spoke positively about the recent collaboration between the Westbrook Environmental

Improvement Corporation and the Recreation & Conservation Commission.

William Baker, Assistant City Administrator, described the Riverwalk Overlook project that this funding request is intended to provide gap-funding for.

Vote: 6 in favor – 0 opposed

6.

APPROVING WAGE ADJUSTMENTS FOR NON-UNION PERSONNEL

Moved by Councilor O’Hara, seconded by Councilor Chau, for first reading of Order #2015-17, that the

Westbrook City Council hereby authorizes a 2.25% cost of living adjustment for all fulltime, non-union salaried employees and for all full-time, non-union hourly employees, effective January 1, 2015.

In response to Councilor O’Hara, City Administrator Bryant confirmed that these funds were included in the current budget.

Vote: 6 in favor – 0 opposed

7.

APPROVING REVENUE AND EXPENDITURE ADJUSTMENTS TO FY 2014-2015 BUDGET

Moved by Councilor Chau, seconded by Councilor Sanphy, for first reading of Order #2015-18, that the

Westbrook City Council hereby appropriates excess revenues in the amounts shown below from the stated accounts:

Revenue Adjustments

1000-32101-00000-100-2

1000-32110-00000-100-2

1000-32220-00000-100-1

1000-33527-00000-300-0

1000-34895-00000-100-2

1000-36200-00000-000-1

Building Permits

Plumbing/Electrical

Permits

Excise Taxes

MDOT Allocation

2% Inspection Fees

Rental Revenues

+$75,000

+$10,000

+$300,000

-$50,000

+$15,000

+$15,000

$225,000

$35,000

$2,850,000

$188,456

$40,000

$75,000

Be it further ordered that the FY 201402015 Annual Budget and Appropriations approved on May 12,

2014 shall be amended to add these excess revenues to the following expenditure lines:

Expenditure Adjustments

Engineering & Code

Enforcement

1000-41810-41100-100-0

Police

1000-42100-41300-200-0

Dispatch

1000-42150-41300-200-0

Fire

1000-42210-41300-200-0

Salaries

Overtime

Overtime

Overtime

+$25,000

+$90,000

+$50,000

+$200,000

$192,811

$205,691

$106,304

$480,000

Vote: 6 in favor – 0 opposed

PUBLIC COMMENT

None for the period.

REFERRALS

None for the period.

Moved by Councilor Rairdon, seconded by Councilor Sanphy, to adjourn at 7:33pm.

Vote: 6 in favor – 0 opposed mam

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'

_ _

aJl&.e

YL

@.01~

FMI please contact the Mayor's Office at (207)591-811 0

Alice N. Persons

16 Walton Street

West brook , Maine 04092

(20 7)776-1 045

Email: [email protected]

EDUCATION

J.D.

M.A.

B.A.

University ofMaine School of Law Portland, Maine

University of Oregon Eugene, Oregon English lit.

University of Oregon Eugene, Oregon English

TEACHING EXPERIENCE- SUMMARY

1984-present Instructor, School of Business, University of Southern Maine.

Part -time instructor of Business 280, Legal Environment of Business.

1985-1989 Adjunct Instructor , Department of English, University of Southern Maine.

Taught English 100 (Composition) and English 120 (Intro. to Lit.)

1988-1989

1990-2007

Adjunct Instructor, Department of English, Westbrook College, Portland.

Taught English composition and literature courses.

Account Manager for Westlaw, Thomson West. Full time position involving constant training of individuals, small groups and large groups .

Students were judges, attorneys, paralegals, law clerks and law students.

Negotiated contracts with law firms.! won numerous awards for exceeding revenue goal;s .

I have also taught English at Southern Maine Community College (several semesters) in

South Portland, Maine. I taught a Business Writing course at Andover College in

Portland . I also taught two Elderhostel courses at Westbrook College, in Mystery

Writers, British and American.

In my volunteer work with the Animal Refuge League, I did some presentations in schools about the shelter.

Alice Persons

Page2

RELEVANT VOLUNTEER and other EXPERIENCE

Board of Directors of Animal Refuge League of Greater Portland 2000-2004. Two years as Board President. Began in 1999 as a volunteer for ARL, where I did cat adoption counseling and general chores. committees .

Served as Secretary of the Board and on various

Currently volunteer

for Maine State Society for the Protection of Animals in Windham,

Maine. This is the largest equine rescue and rehabilitation organization in New England.

My duties include writing articles for the website and newsletter , helping at special events, and editing publications.

I am on the board of the Grace Butnam Society, a nonprofit which serves the MSSPA

(see above paragraph).

Other volunteer experience includes three years on the board of Port Veritas , a spoken word nonprofit based in Portland, Maine, until 2014. I was on the board of the Portland

Poet Laureate program until2014 .

Publisher and editor of Moon Pie Press , a small press specializing in poetry, since 2003 .

81 books published as of end of 201 4. Website is at www .

moonpiepress .

com .

Management Experience:

As part of my job with Thomson West , for over 17 years, I managed some Account Representatives who worked with me, and I also negotiated contracts with my law firms. This involved complex analysis of the firms' needs and tailoring proposals to meet them.

MEMBERSHIPS:

Humane Society of the United States, A.S.P

.

C.A., Maine State

Society for the Protection of Animals, Maine Writers and Publishers Alliance.

REFERENCES

available on request.

City of Westbrook

IN CITY COUNCIL

ORDERED:

AUTHORIZING LEASE PURCHASE OF EQUIPMENT

February 9, 2015

# 2015-14

WHEREAS,

the City desires to authorize equipment lease purchase financing to finance the costs of acquisition of two (2) police Interceptor Utility V6 all-wheel drive vehicles (the

“Equipment”); and

NOW, THEREFORE,

be it voted, resolved, and ordered by the City Council of

Westbrook, Maine:

Section 1. The sum of $77,238.00 has been appropriated by Order 2014-93 to pay the costs of acquisition of the two (2) police Interceptor Utility V6 all-wheel drive vehicles.

Section 2. For the purposes of financing the aforesaid appropriations, pursuant to the

City Charter and all amendments thereof and acts additional thereto, and all other authority thereto enabling, there is hereby authorized and approved one or more equipment lease purchase agreements, each such lease to be in such form and contain such terms and provisions as the

Finance Committee may hereafter determine or authorize, with such terms and conditions, including the interest rate(s), term or maturity and other terms and conditions as the Finance

Committee deems appropriate and to award the equipment lease purchase agreement(s) to such financial institution or institutions as it deems to be in the best interests of the City, and the

Treasurer or Deputy Treasurer, Mayor, President of the City Council, Clerk and other appropriate officers of the City are hereby authorized and empowered to do all such acts and things, and to execute, deliver, file, approve, and record all such lease purchase financing documents, leases, contracts, assignments, certificates, memoranda, abstracts, such other documents as required by the lessor(s) of such equipment, and other documents as may be necessary or advisable, with the advice of counsel for the City, as may be necessary or appropriate in connection with such lease purchase financing. If the Equipment is to be acquired by the City prior to execution of such equipment lease purchase agreement(s), the City, pursuant to Internal

Revenue Service Treas. Reg. 1.150-2, hereby declares its official intent to pay, on an interim basis, costs of the Equipment, which costs the City reasonably expects to reimburse with proceeds of such tax exempt equipment lease purchase agreement(s) to be issued by the City in the maximum principal amount set forth above.

Section 3. The acquisition of the Equipment under such equipment lease purchase agreement(s) is necessary, convenient, in the furtherance of and will at all times be used in connection with the City’s governmental and proprietary purposes and functions and are in the best interests of the City, and no portion of the Equipment will be used, directly or indirectly, in any trade or business carried on by any person other than the City on a basis different from the general public. The City covenants that it will perform all acts within its power which are or may be necessary to ensure that the interest portion of the rental payments under the equipment lease purchase agreement(s) shall at all times be and remain exempt from federal income taxation.

First Reading: February 9, 2015 Second Reading & Passed:

Attest:

_________________________________________

City Clerk

_________________________________________

Mayor

City of Westbrook

IN CITY COUNCIL

ORDERED:

AUTHORIZING LEASE PURCHASE OF EQUIPMENT

February 9, 2015

# 2015-15

WHEREAS,

the City desires to authorize equipment lease purchase financing to finance the costs of acquisition of one (1) Fire Department 2015 Ford Utility Interceptor V6 allwheel drive vehicle (the “Equipment”); and

NOW, THEREFORE,

be it voted, resolved, and ordered by the City Council of

Westbrook, Maine:

Section 1. The sum of $35,855.00 has been appropriated by Order 2014-119 to pay the costs of acquisition of the Fire Department 2015 Ford Utility Interceptor V6 allwheel drive vehicle.

Section 2. For the purposes of financing the aforesaid appropriation, pursuant to the

City Charter and all amendments thereof and acts additional thereto, and all other authority thereto enabling, there is hereby authorized and approved one or more equipment lease purchase agreements, each such lease to be in such form and contain such terms and provisions as the

Finance Committee may hereafter determine or authorize, with such terms and conditions, including the interest rate(s), term or maturity and other terms and conditions as the Finance

Committee deems appropriate and to award the equipment lease purchase agreement(s) to such financial institution or institutions as it deems to be in the best interests of the City, and the

Treasurer or Deputy Treasurer, Mayor, President of the City Council, Clerk and other appropriate officers of the City are hereby authorized and empowered to do all such acts and things, and to execute, deliver, file, approve, and record all such lease purchase financing documents, leases, contracts, assignments, certificates, memoranda, abstracts, such other documents as required by the lessor(s) of such equipment, and other documents as may be necessary or advisable, with the advice of counsel for the City, as may be necessary or appropriate in connection with such lease purchase financing. If the Equipment is to be acquired by the City prior to execution of such equipment lease purchase agreement(s), the City, pursuant to Internal

Revenue Service Treas. Reg. 1.150-2, hereby declares its official intent to pay, on an interim basis, costs of the Equipment, which costs the City reasonably expects to reimburse with proceeds of such tax exempt equipment lease purchase agreement(s) to be issued by the City in the maximum principal amount set forth above.

Section 3. The acquisition of the Equipment under such equipment lease purchase agreement(s) is necessary, convenient, in the furtherance of and will at all times be used in connection with the City’s governmental and proprietary purposes and functions and are in the best interests of the City, and no portion of the Equipment will be used, directly or indirectly, in any trade or business carried on by any person other than the City on a basis different from the general public. The City covenants that it will perform all acts within its power which are or may be necessary to ensure that the interest portion of the rental payments under the equipment lease purchase agreement(s) shall at all times be and remain exempt from federal income taxation.

First Reading: February 9, 2015

Attest:

_________________________________________

City Clerk

Second Reading & Passed:

_________________________________________

Mayor

City of Westbrook

IN CITY COUNCIL

February 9, 2015

ORDERED:

# 2015-16

APPROVING FUNDING FOR RIVERWALK AND BRIDGE STREET IMPROVEMENTS

That the Westbrook City Council hereby authorizes funding in an amount not to exceed $91,000 in support of Riverwalk and Bridge Street improvements, in conjunction with the Bridge Street

Bridge replacement project, said funding to be split between the Westbrook Environmental

Improvement Corporation (WEIC (80%)) and the Recreation & Conservation Commission

(20%).

WEIC - $72,800

Recreation & Conservation - $18,200

First Reading: February 9, 2015

Attest:

_________________________________________

City Clerk

Second Reading & Passed:

_________________________________________

Mayor

City of Westbrook

IN CITY COUNCIL

ORDERED:

APPROVING NON UNION WAGE ADJUSTMENT

February 9, 2015

# 2015-17

That the Westbrook City Council hereby authorizes a 2.25% cost of living adjustment for all fulltime, non-union salaried employees and for all full-time, non-union hourly employees, effective

January 1, 2015.

First Reading: February 9, 2015

Attest:

City Clerk

_________________________________________

Second Reading & Passed:

_________________________________________

Mayor

City of Westbrook

IN CITY COUNCIL

February 9, 2015

ORDERED:

# 2015-18

APPROVING REVENUE AND EXPENDITURE ADJUSTMENTS TO FY 2014-2015 BUDGET

That the Westbrook City Council hereby appropriates excess revenues in the amounts shown below from the stated accounts:

Revenue Adjustments

1000-32101-00000-100-2

1000-32110-00000-100-2

1000-32220-00000-100-1

1000-33527-00000-300-0

1000-34895-00000-100-2

1000-36200-00000-000-1

Building Permits

Plumbing/Electrical

Permits

Excise Taxes

MDOT Allocation

2% Inspection Fees

Rental Revenues

+$75,000

+$10,000

+$300,000

-$50,000

+$15,000

+$15,000

$225,000

$35,000

$2,850,000

$188,456

$40,000

$75,000

Be it further ordered that the FY 201402015 Annual Budget and Appropriations approved on May 12, 2014 shall be amended to add these excess revenues to the following expenditure lines:

Expenditure Adjustments

Engineering & Code

Enforcement

1000-41810-41100-100-0

Police

1000-42100-41300-200-0

Dispatch

1000-42150-41300-200-0

Fire

1000-42210-41300-200-0

Salaries

Overtime

Overtime

Overtime

+$25,000

+$90,000

+$50,000

+$200,000

$192,811

$205,691

$106,304

$480,000

First Reading: February 9, 2015

Attest:

_________________________________________

City Clerk

Second Reading & Passed:

_________________________________________

Mayor

QCitp

of Westbrook, ;!ffilaine

ANGELA HOLMES, CITY CLERK

C i ty Hall

2 York Street

Westbrook, Maine 04092

Phone : 207-591-8115

Fax : 207-854-0635

Email: [email protected] .

me .

us

Mohammad M. Habibzai

33 Colonial Road

Westbrook, ME 04092

Thursday February 12, 2015

RE: Westbrook Taxi Driver License Denied

Dear Mr. Habibzai,

Please be informed that your Taxi Driver License application, submitted January 21, 2015, has been denied.

In accordance with

§

20-99.2{e) of the Code of the City of Westbrook, all Taxi Driver applicants are required to submit record of "all motor vehicle offenses during the five {5) years preceding the application." A review of your driving record shows that you were convicted of speeding in July 2014 . As your application did not disclose this information, the application has been denied .

In accordance with

§

20-2{e) of the Code of the City of Westbrook, you may appeal my decision by submitting such appeal to Westbrook City Council no later than March 14, 2015.

If you have any questions, please feel free to contact me at the phone number or email address listed above.

Sincerely,

Angela Holmes

City Clerk cc: Jerre Bryant, City Administrator

Colleen Hilton, Mayor

Janine Roberts, Police Chief

Page 1 of 4

Jerre Bryant

· - - - - - - - - - - - · - - - - - - - - - - -

From:

Angela Holmes

Sent:

Tuesday, February 10,2015 1:37PM

To:

Jerre Bryant

Subject:

FW: Follow-up: Todd Rutherford

Angela Holmes, City Clerk

City of Westbrook

From:

Michael Nugent

Sent:

Tuesday, February 10, 2015 1:25PM

To:

Angela Holmes

Subject:

Follow-up: Todd Rutherford

Angela,

Regarding Todd Rutherford: Checking his complete history through BMV his most recent suspension was in 1998 for Accumulation of Convictions his earlier suspensions were in 1989, 1990 and 1991. His complete history also shows a conviction for Operating Under the Influence on 2-6-1991 which he did not acknowledge on his application (he lists a 1993 conviction from Florida.)

MN

Captain Michael F. Nugent

Westbrook Police Department

570 Main Street

Westbrook, Maine 04092

207 854-0644 Ext. 2417

207 854-0648 Fax

From:

Michael Nugent

Sent:

Thursday, February 05, 2015 1:51 PM

To:

Angela Holmes

Subject:

RE: Business Licenses for Review- 2015.01.30

Angela,

Regarding MOHAMMAD M. HABIBZAI: His application is not accurate in that he states that he has no motor vehicle offenses within the past five years however he does in fact have a speeding conviction from July of 2014.

He also states he has not been convicted of a crime within the last 10 years, which may be accurate, however he is a convicted felon, I just don't know when the conviction dates from.

Regarding TODD RUTHERFORD: His application is technically accurate in that he states that his driver's license was never "revoked" in the past. In fact he has had his license "suspended" 7 times. We may want to reword that portion of the applications to ask about suspensions and revocations. That was the only issue with his application.

2/10/2015

CITY OF WESTBROOK

2 York St., Westbrook, ME 04092

TAXI/LIVERY DRIVER LICENSE

NEW

Expires annually on March 1

Application fee

=

$25 .

00

Background Investigation fee

=

$25.00

(to be paid by new applicants only)

$50.00 License Fee

_ _ LIVERY

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APPLICANT'S ADDRESS:

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ALTERNATE PHONE# :

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PHONE2o1

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2

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MAINE DRIVER

LICENSE#____,_7_L_,_Fl__;;__fo_/-==~"-0..:....__

_ _

Have you ever had a business or taxi/livery driver's license denied/revoked? YES ____ __

NoY

If yes, list license denied, date and reason : - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Have you been convicted of a crime in the past ten (1 0) years? YES. ___

If yes, list nature of conviction, date and State conviction took place in :

NO

Have you had any motor vehicle offenses during the past five (5) years OR gygr been convicted of reckless driving, driving to endanger, operating or attempting to operate under the influence? YES NO

y

1/

If yes, list offense, date and State conviction took place in :

c

If yes , list date and the reason for the revocation :

MEDICAL STATEMENT (to be completed by your physician for new and renewal applications):

The applicant named here was examined by me on this date } \ jl8'

jt

'f and I have found him/her to have no physical or mental handicap which will adversely affect their ability to hold the position applied for.

Doctor (printed name)

License#

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Address f:-4 1{.. _

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Signature

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Phone

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711-!f;J-

page2

City of Westbrook Taxillivery Driver License Application

DOCUMENTS TO BE SUBMITTED WITH APPLICATION:

1. Copy of applicant's Maine Driver's license

2 . Two (2) passport size photos of applicant

If a license is issued, I agree to abide by all applicable Federal, State and Local laws governing the operations of the business in the City of Westbrook. Any misleading or false information given may be cause for denial and/or revocation of this license. If this is a new application, I hereby authorize the

Police Department and its representatives to conduct a background check on me and to verify the information contained in this application.

Date:

i

·

V'

(I;

Applicant Signature

II!,

/}{ (!;l.

~~ 71

.

/lvJ/k

~ cc:.

FOR OFFICE USE ONLY

REPORT OF INSPECTING OFFICERS:

_ _ _ Approved ___ Denied

Comments:

P O L I C E - - - - - - - - - - - - - - - - - - - - - - - -

Fees paid :

Total amount paid

=

$ _ _ _ _ _

'!Citp

of Westbrook, ;!ffilatne

ANGELA HOLMES, CITY CLERK

City Hall

2 York Street

Westbrook, Maine 04092

Phone: 207-591-8115

Fax: 207-854 0635

Email : [email protected]

Todd Rutherford

52 Church Street

South Portland, ME 04106

Thursday February 12, 2015

RE: Westbrook Taxi Driver License Denied

Dear Mr. Rutherford,

Please be informed that your Taxi Driver License application, submitted January 23, 2015, has been denied.

In accordance with § 20-99 .

2(d) of the Code of the City of Westbrook, all Taxi Driver applicants are required to submit "a record of all convictions for reckless driving, driving to endanger, operating or attempting to operate under the influence." A review of your driving record shows that you were convicted of Operating Under the

Influence on February 6, 1991. As your application did not disclose this information, the application has been denied .

In accordance with § 20-2(e) of the Code of the City of Westbrook, you may appeal my decision by submitting such appeal to Westbrook City Council no later than March 14, 2015 .

If you have any questions, please feel free to contact me at the phone number or email address listed above.

Sincerely,

Angela Holmes

City Clerk cc: Jerre Bryant, City Administrator

Colleen Hilton, Mayor

Janine Roberts, Police Chief

Page 1 of 4

Jerre Bryant

· - - - - - - - - - - - · - - - - - - - - - - -

From:

Angela Holmes

Sent:

Tuesday, February 10,2015 1:37PM

To:

Jerre Bryant

Subject:

FW: Follow-up: Todd Rutherford

Angela Holmes, City Clerk

City of Westbrook

From:

Michael Nugent

Sent:

Tuesday, February 10, 2015 1:25PM

To:

Angela Holmes

Subject:

Follow-up: Todd Rutherford

Angela,

Regarding Todd Rutherford: Checking his complete history through BMV his most recent suspension was in 1998 for Accumulation of Convictions his earlier suspensions were in 1989, 1990 and 1991. His complete history also shows a conviction for Operating Under the Influence on 2-6-1991 which he did not acknowledge on his application (he lists a 1993 conviction from Florida.)

MN

Captain Michael F. Nugent

Westbrook Police Department

570 Main Street

Westbrook, Maine 04092

207 854-0644 Ext. 2417

207 854-0648 Fax

From:

Michael Nugent

Sent:

Thursday, February 05, 2015 1:51 PM

To:

Angela Holmes

Subject:

RE: Business Licenses for Review- 2015.01.30

Angela,

Regarding MOHAMMAD M. HABIBZAI: His application is not accurate in that he states that he has no motor vehicle offenses within the past five years however he does in fact have a speeding conviction from July of 2014.

He also states he has not been convicted of a crime within the last 10 years, which may be accurate, however he is a convicted felon, I just don't know when the conviction dates from.

Regarding TODD RUTHERFORD: His application is technically accurate in that he states that his driver's license was never "revoked" in the past. In fact he has had his license "suspended" 7 times. We may want to reword that portion of the applications to ask about suspensions and revocations. That was the only issue with his application.

2/10/2015

D-LITE

TR..~.

N EO RTATIOI·I iP38 4 P .

00 2 /C • OZ

CITY OF WESTBROOK

2

York

St.t

Westbrook,

1\ffi 04092

$50 .

00 License Fee

)S_

NEW RENEWAL ·

Expires annually on June 30

Application fee= $25 .

00 .

Background Investigation fee"' $25.00 (to be paid by new applicants only)

LIVERY

APPLICANTS

NAME:

APPLICANT'S ADDRESS :

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Have you ever had a business or taxi/livery drive!:'::; license denied/revoked? YES

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X

If yes , list license denied , date and reason:-----~---:------------------

Have you been convicted of a crime in the past ten (10) years?

YES _ _

If yes, list nature of conviction, date and state conviction took place in :

NO ) ' (

Have you had any motor vehicle offenses during the past five (5) years

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YES

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If yes, list offense. date and State conviction took place in;

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Is your Maine

StatEJ . driver's license currently revoked or been revoked In the past? YES. _ _

If yes , list date and · tl1e reason for the revocation:

NO

X

MEDICAL STATEMENT (to be completed by your physician for new and renewal applications):

The applican t named here was examined by me on this date

_1i

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and I have found him/her to have no physical or rnental handicap which will adversely affect their ability to h

Doctor (printed name)

License #

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City of Westbrook Taxi/Livery Driver License Application

DOCUMENTS TO BE SUBMITTED WITH APPLICATION:

1 . Copy of applicant's Maine Driver's license

2 . Two (2) passport size photos of applicant page2

If a license is issued, I agree to abide by all applicable Federal, State and Local laws governing the operations of the business in the City of Westbrook. Any misleading or false information given may be cause for denial and/or revocation of this license. If this is a new application, I hereby authorize the

Police Department and its representatives to conduct a background check on me and to verify the information contained in this application.

Date:

C)

I'-

;):;;;)-.dQ

i S

Applicant Signature

"j,CJ:C)

~

FOR OFFICE USE ONLY

REPORT OF INSPECTING OFFICERS:

_ _ _ Approved ___ Denied

P O L I C E - - - - - - - - - - - - - - - - - - - - - - -

Comments:

Fees paid : Application fee

1--

<)

Total amount paid = _

SBI fee

"2.-

S

BUREAU OF ALCOHOLIC BEVERAGES

DIVISION OF LIQUOR LICENSING

&

ENFORCEMENT

8 STATE HOUSE STATION

AUGUSTA, ME 04333-0008

Promise by any person that he or she can expedite a liquor license through influence should be completely disregarded.

To avoid possible financial loss an applicant, or prospective applicant, should consult with the

Division before making any substantial investment in an establishment that now is, or may be, attended by a liquor license.

DEPARTMENT USE ONLY

LICENSE NUMBER: CLASS:

DEPOSIT DATE

AMT. DEPOSITED:

CK/MO/CASH:

BY:

PRESENT LICENSE EXPIRES J., -

1.--

P -

f )

INDICATE TYPE OF PRIVILEGE:

~MALT ~SPIRITUOUS

._/VINOUS

INDICATE TYPE OF LICENSE: /

<4RESTAURANT/LOUNGE (Class XI)

~TAVERN

(Class IV)

CLUB-ON PREMISE CATERING (Class I)

GOLF CLUB (Class

I,II~III,IV)

~

OTHER:

------------------------

REFER TO PAGE 3 FOR FEE SCHEDULE

1.

ALL QUESTIONS MUST BE ANSWERED IN FULL

APPLICANT(S) -(Sole Proprietor, Corporation, Limited

2. Business Name (D/B/A)

Liability Co., etc.)

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Hc~,q/(JDOB:

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Location (Street Address) ,

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Address

City/Town

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State

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Mailing Address

City/Town

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Telephone Number

Federal I.D. #

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State

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Fax Number

Zip Code City/Town

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State

Business Telephone

Nu~ber

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'l..D'/

Seller Certificate#

Zip Code

Fax Number tgg7-

f1'9f?

4. State amount of gross income from period of last license: ROOMS$ _ _ _ FOOD$

5. Is applicant a corporation, limited liability company or limited partnership? YES

~

If YES, complete Supplementary Questionnaire

6. Do you permit dancing or entertainment on the licensed premises?

7. If manager is to be employed, give name:

.1:.qf.l..u.w8~A""lc........,/k~.L5.""-S.,_If.+JI....,.:'-\.ov<---=---------------------------

8. Ifbusiness is NEW or under new ownership, indicate starting date:

Requested inspection date:

r

I

o n ..

~;no~~,.,,""rJ~,,.,J"""'t"rl"t· d .. '

D

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Business hours:

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£./~J..AY?Jt:Jk-

yV},..:' tJlfC'JCJ'7

10.

Is/are applicants(s) citizens of the United States?

11.

Is/are applicant(s) residents of the State of Maine?

rgy~ NO~

YESw NO

......i

12. List name, date of birth, and place of birth for all applicants, managers, and bar managers. Give maiden name, if married:

Use a separate sheet of paper if necessary.

Print Clearl

DOB

Residence address on all of the above for previous 5 years (Limit answer to city & state

13. Has/have applicant(s) or manager ever been co~~~ of any State ofthe United States? YES ......i

~

Name:

Offense:

-----------------------------------------

---------------------------------------

Disposition: ----------------------------------

Date of Conviction:

-------------------

Location:

----------------------------

14. Will ar:y la~en~orcement offi~ial benefit financially either directly or indirectly in your license, if issued?

Yes u If Yes, g1ve name: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

15. Has/have applicant(s) formerly held a Maine liquor license? YES

......i &......i

16. Does/

?

......i

' .

yVt.

tA-t

v-

17. Describe in detail the premises to be licensed: (Supplemental Diagram Required) - - - - - - - - - - - - - - - - - - - -

18. Does/do a~ant(s) have all the necessary permits required by the State Department of Human Services?

YES ......i

C3J

......i Applied for: - - - - - - - - - -

19. What is the distance from the premises to the

N~AREST measured from the main entrance of the premises to the main entrance of the school, school dormitory, cjmrch, chapel or parish house by the ordinary course of travel? /

fVlt

Which of the above is nearest~=--=··_c_~..~..:..:f!_,_'

______ _

20. Have you received any assistance financially or othe~·~nc~uding any mortgages) from any source other than yourself in the establishment of your business? YES u

~

IfYES, give details: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

The Division of Liquor Licensing & Inspection is hereby authorized to obtain and examine all books, records and tax returns pertaining to the business, for which this liquor license is requested, and also such books, records and returns during the year in which any liquor license is in effect.

NOTE: "I understand that false statements made on this form are punishable by law. Knowingly supplying false information on this form is a Class D offense under the Criminal Code, punishable by confinement of up to one year or by monetary fine of up to $2,000 or both."

Dated at:

b,vet;J--

'

fofeG/; .

Town/City, State

iM

c

. on

Please sign in

blue ink

Si Q.t.ul• of Applicant or Corporate Officer(s)

Uu&ldt

/dP?>

Aid

Print Name

Date

- ____

20

-1(_

Signature of Applicant or Corporate Officer(s)

Print Name

STATE OF MAINE

Dated at:

----=-"'~-----==03"'-'-"--;-c->........,;:,.JS;~SZCK:>~~'¥-=·=-----'

Maine

Cityffown

On:

--------------~D~a~te-------------------------

CUJN\.\:k'X:

1

/A\:Jb

(County) ss

The undersigned being:

...J

City

...J

Town

£Municipal Officers

...J Plantation

...J

County Commissioners

...J

Unincorporated Place of:

\.0~\(...CC:>

¥:--

of the

,Maine

Hereby certifY that we have given public notice on this application and held public hearing thereon as required by Section 653 Title 28A,

Maine Revised Statutes and herby approve said application.

THISAPPROVALEXPIRERSIN60DAYS

NOTICE- SPECIAL ATTENTION

§ 653. Hearings; bureau review; appeal

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

A. The bureau shall prepare and supply application forms. (1993, c.730, §27(amd) .

)

B. The municipal officers or the county commissioners , as the case may be, shall provide public notice of any hearing held under this section by causing a notice , at the applicant's prepaid expense, stating the name and place of hearing , to appear on at least 3 consecutive days before the date of hearing in a daily newspaper having general circulation in the municipality where the premises are located or one week before the date of the hearing in a weekly newspaper having general circulation in the municipality where the premises are located. (1995, c.140,

§4

(amd).]

C. If the municipal officers or the county commissioners, as the case may be , fail to take final action on an application for a new onpremise license, for transfer of the location of an existing on-premise license or for renewal of an on-premise license within 60 days of the filing of an application, the application is deemed approved and ready for action by the bureau . For purposes of this paragraph, the date of filing of the application is the date the application is received by the municipal officers or county commissioners . This paragraph applies to all applications pending before municipal officers or county commissioners as of the effective date of this paragraph as well as all applications filed on or after the effective date of this paragraph. This paragraph applies to an existing on-premise license that has been extended pending renewal. The municipal officers or the county commissioners shall take final action on an on-premise

2. license that has been extended pending renewal with 120 days of the filing of the application. (1999, c589, § 1 (amd).)

Findings. In granting or denying an application, the municipal officers or the county commissioners shall indicate the reasons for their decision and provide a copy to the applicant. A license may be denied on one or more of the following grounds :

A. Conviction of the applicant of any Class A, Class 8 or Class c crime : (1987, c45, Pt.A§4 (new).)

B. Noncompliance of the licensed premises or its use with any local zoning ordinance or other land use ordinance not directly related to liquor control; [I 987, c.45, Pt.A§4(new).]

C. Conditions of record such as waste disposal violations , health or safety violation or repeated parking or traffic violations on or in the vicinity of the licensed premises and caused by persons patronizing or employed by the licensed premises or other such conditions caused by persons patronizing or employed by the licensed premises that unreasonably disturb, interfere with or affect the ability of persons or businesses residing or located in the vicinity of the licensed premises to use their property in a reasonable manner ; ( 1993, c .

730, §27 (amd) .

)

D. Repeated incidents of record of breaches of the peace, disorderly conduct , vandalism or other violations of law on or in the vicinity of the licensed premises and caused by persons patronizing or employed by the licensed premises ; (1989 , c.592,§3 (amd) .

]

A violation of any provision of this Title; and (1989, c.592

, §3 (amd) .

] E .

F. A determination by the municipal officers or county commissioners that the purpose of the application is to circumvent the provisions of section 601. (1989 , c.592,

§4

(new) .

]

[1993, c730 , §27 (amd).)

3. Appeal to bureau. Any applicant aggrieved by the decision of the municipal officers or county commissioners under this section may appeal to the bureau within 15 days of the receipt of the written decision of the municipal officers or county commissioners. The bureau shall hold a public hearing in the city, town or unincorporated place where the premises are situated . In acting on such an appeal , the bureau may consider all li-

4.

5. censure requirements and findings referred to in subsection 2 .

A. [1993, c.730, §27 (rp).]

No license to person who moved to obtain a license. (REPEALED)

(TEXT EFFECTIVE 3/15/01) Appeal to District Court. Any person or governmental entity aggrieved by-a bureau decision under this section may appeal the decision to the District Court within 30 days of receipt of the written decision of the bureau.

An applicant who files an appeal or who has an appeal pending shall pay the annual license fee the applicant would otherwise pay . Upon resolution of the appeal, if an applicant's license renewal is denied, the bureau shall refund the applicant the prorated amount of the unused license fee.

State of Maine

Bureau of Alcoholic Beverages

Division of Liquor Licensing and Enforcement

Supplemental Information Required for

Business Entities Who Are Licensees

For Office Use Only:

Date Filed:

- - - - -

For information required for Questions 1 to 4, this information is on file with the Maine Secretary of State's office and must match their record information. Please clearly complete this form in its entirety.

1.

Exact legal name:

2.

3.

4.

5.

6.

Other business name for your entity (DBA), if any:

cLePI-IIfNt

,

;ft/J>;~t;J

__.

·f!e)rnut2.fr!J

r

A).tp

(tJ:--

j)

/};VCINtf

G

~

t.ov . ,

(7-t:

Date of filing with the Secretary of State:

State in which you are formed:

---~.1"2--=....:A-'-'-'-i.:...:,.h-=~:..__

_ _ _ _ _

If not a Maine business entity, date on which you were authorized to transact business in the State of

Maine:

- - - - - - - - - - - - - - -

List the name and addresses for previous 5 years, birth dates, titles of officers, directors and list the percentage ownership: (attached additional sheets as needed)

Name

_l#-V$11-/

/ltJfS~/+;AI

Address for Previous 5 years

~

Bcvt/c;l/e -

?ti/

/

Date of

Birth

(/Z -01-'dJ..

~,~~~

Ownership

%

/CJCJ

7.

8.

Is any principal person i

Yes

~

·lved with the entity a law enforcement official?

1Cie the name and law enforcement agency:

Name:

-------~--------

Agency: - - - - - - - - - - - - - - -

Page

1 of2

Supplemental Information Required for Business Entities, Rev. 4/2013

9.

10.

Has any principal person involved in the entity ever been convicted of any violation of the law, other than minor traffic violations, in the United States?

Yes

D

No

0

IfYes to Question 9, please complete the following: (attached additional sheets as needed)

Name:

---------------------------------------

Date of Conviction:

----------------

Offense: __________________________________________________________________ _

Location of Conviction:

--------------------------------------------------------

Disposition:

Signature:

Date

Signature of Duly Authorized Person

Print Name of Duly Authorized Person

If you have questions regarding the legal name or assumed (DBA) name on file with the Secretary of State's office, please call (207) 624-7752. The SOS can only speak to the information on file with their office, not the filing of this supplemental information - please direct any questions about this form to our office at the number below.

Submit Completed Forms To:

Bureau of Alcoholic Beverages and Lottery

Operations Division of Liquor Licensing Enforcement

8

State House Station

Augusta, Me 04333-0008

Telephone Inquiries: (207) 624-7220

Fax: (207) 287-3434

Email Inquiries: [email protected]

Supplemental Information Required for Business Entities, Rev. 4/2013

Page 2 of2

Qtitp

of Westbrook, jflllaine

ANGELA HOLMES, CITY CLERK

City Hall

2

York Street

Westbrook, Maine

04092

Phone: 207-591·8115

Fax: 207-854-0635

Email: [email protected]

Bureau of Alcoholic Beverages and Lottery Operations

Liquor Licensing and Enforcement Division

164 State House Station

Augusta, ME 04333-0164

February 26, 2015

RE: The Dancing Elephant liquor license

To Whom It May Concern,

The liquor license for The Dancing Elephant, located at 855 Main Street, Westbrook, ME, is scheduled to expire on

Saturday February 28, 2015. The City of Westbrook's municipal officers will meet to consider the renewal of this license on Monday March 2, 2016. I respectfully request an extension of this liquor license until this time.

Please feel free to contact me if you have any questions.

Sincerely,

Angela Holmes

City Clerk

City of Westbrook, Maine

City Council

RESOLVED:

March 2, 2015

#

CONFIRMATION OF APPOINTMENT OF CODE ENFORCEMENT OFFICER

That the Westbrook City Council hereby confirms the Mayor’s appointment of David

Finocchietti as a City of Westbrook Code Enforcement Officer, pursuant to local ordinance and to M.R.S.A. 38, Sec. 441. Code Enforcement Officers.

Attest: ____________________________________

City Clerk

Signed: ____________________________________

Mayor

Date: _____________________________________

DIVISION

8.

CITY SOLICITOR

1

Sec. 2-126. To be an attorney.

The city solicitor shall be an attorney-at-law. (1942 Rev. Code, Ch. VII, § 1)

Sec. 2-127. Duties generally.

(a)

It shall be the duty of the city solicitor to draft all deeds and other instruments which may be required of him by the mayor or council and which are to be drawn at the expense of the city.

(b) He shall furnish his opinion on any legal subject relating to city affairs and render professional advice to officers of the city on any matter relating to their duties.

(c)

It shall be his duty to commence and prosecute all suits at law on behalf of the city and defend all suits at law brought against the city. (1942 Rev. Code, Ch. VII,

§

2)

Sees. 2-128-2-135.

Reserved.

DIVISION

9.

CODE ENFORCEMENT OFFICER

Sec. 2-136. Appointment.

The code enforcement officer shall be appointed by the mayor, subject to the approval of a three-fourths (3/4) vote of all the members ofthe council by a roll call vote. (Ord. of2-21-77)

Sec. 2-137. Duties.

The code enforcement officer shall perform all the duties and functions of the building inspector, housing inspector and license inspector as provided for by this Code and by state laws.

(Ord. of2-21-77; Ord. of6-3-13)

Sees. 2-138-2-145.

Reserved.

DIVISION

10.

DIRECTOR OF PUBLIC WORKS

Sec. 2-146. Appointment.

The director of public works shall be appointed by the mayor, subject to the approval of a

2 three-fourths (3/4) vote of all the members of the council by a roll-call vote.

(Ord. of 4-6-70)

Sec. 2-147. Duties generally.

The director of public works, acting under the instructions and supervision of the mayor, shall:

(1) Plan, direct, supervise and manage all the functions of the city's public works department and its various divisions, including the sewer, sanitation and waste disposal divisions, and all its personnel shall be responsible to him in the performance of the respective duties of their employment as employees of the public works department.

(2) Supervise the maintenance of all the vehicles, equipment and property of the public works department and its various divisions.

(3) Supervise the maintenance of all the operating records of the department which shall be safely kept as the property of the city.

1

State law reference- Municipal authority to appoint attorneys, 30-A M.R.S.A.

2

Charter references- Mayor's appointive powers, §

§

24; appointments generally,

2002.

§ 30.

Page 29- City ofWestbrook Code of Ordinances

2/25/2015

U

§441 PDF

n

§441 MS-WoRD

D

STATUTE SEARCH

C

CH.

3

CoNTENTS

C

TITLE

38

CoNTENTs c

LIST OF TITLES

C

DISCLAIMER c

MAINE LAW

C

REVISOR's OFFICE

C

MAINE LEGISLATURE http://www.mainelegislature.org/legis/statutes/38/title38sec441.html

Title 38, §441: Code enforcement officers

Maine Revised Statutes

§440-A

Title 38: WATERS

§442

AND NAVIGATION

Chapter 3: PROTECTION AND IMPROVEMENT OF

WATERS

Subchapter 1: ENVIRONMENTAL PROTECTION

BOARD

Article 2-B: MANDATORY SHORELAND ZONING

HEADING: PL 1991, C. 346, §1 (RPR)

§441. Code enforcement officers

(REALLOCATED FROM TITLE 12, SECTION 4812-C)

1.

Appointment. In every municipality, the municipal officers shall annually by July 1st appoint or reappoint a code enforcement officer, whose job may include being a local plumbing inspector or a building official and who may or may not be a resident of the municipality for which that person is appointed. The municipal officers may appoint the planning board to act as the code enforcement officer.

The municipal officers may remove a code enforcement officer for cause, after notice and hearing. This removal provision only applies to code enforcement officers who have completed a reasonable period of probation as established by the municipality pursuant to Title 30-A, section 2601. If not reappointed by a municipality, a code enforcement officer may continue to serve until a successor has been appointed and sworn.

[ RR 2007, c.

2, §25 (COR) .]

2. Certification; authorization

by

municipal officers. No person may serve as a code enforcement officer who is authorized by the municipal officers to represent the municipality in District Court unless that person is currently certified under Title 30-A, section 4453, as being familiar with court procedures.

Upon written authorization by the municipal officers, a certified code enforcement officer may serve civil process on persons whom that officer determines to be in violation of ordinances adopted pursuant to this chapter and, if authorized by the municipal officers, may represent the municipality in District Court in the prosecution of violations of ordinances adopted pursuant to this chapter.

[ 19 9 7' c . 2 9 6

I

§ 11 ( AMD) . l

3. Powers and duties. The duties of the code enforcement officer shall include the following:

A. Enforce the local shoreland zoning ordinance in accordance with the procedures contained therein;

[1985, c. 481, Pt. A, §29

(RAL) • ]

1/2

2/25/2015 Title 38, §441: Code enforcement officers

B. Collect a fee, if authorized by a municipality, for every shoreland permit issued by the code enforcement officer. The amount of any such fee shall be set by the municipality. The fee shall be remitted to the municipality;

[1985, c. 481, Pt. A, §29 (RAL).

J

C. Keep a complete record of all essential transactions of the office, including applications submitted, permits granted or denied, variances granted or denied, revocation actions, revocation of pennits, appeals, court actions, violations investigated, violations found and fees collected; and [

2 o

13, c .

3 2 o,

§

14 (AMD) . J

D. Investigate complaints of alleged violations of local land use laws.

[1985, c.

481, Pt. A, §29 (RAL).]

2013

I

c. 320

I

§14 (AMD) . ]

SECTION HISTORY

1983, c. 796, §4 (NEW). 1985,

737, §A111 (AMD). 1987, c. c. 481, §A29 (RAL). 1985,

737, §§C87,C106 (AMD). 1989, c. c.

6, (AMD). 1989,

(AMD). 1989, c. c.

9, §2 (AMD). 1989, c.

403, §§10,11 (AMD). 1991,

(AMD). 1997

I

2013, c. c.

296, §11 (AMD). RR 2007,

320, §14 (AMD).

104, §§C8,C10 c. c.

346, §10

2, §25 (COR).

Data for this page extracted on 01/0512015 12:15:38.

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public.

If you need legal advice, please consult a qualified attorney.

Office of the Revisor of Statutes

7 State House Station

State House Room 108

Augusta, Maine 04333-0007

http://www .mainelegislature.org/legis/staMes/38/title38sec441.htm I

212

City of Westbrook, Maine

City Council

RESOLVED:

March 2, 2015

#

CONFIRMATION OF RE-APPOINTMENT TO WESTBROOK HOUSING BOARD OF

COMMISSIONERS

That the Westbrook City Council approves the re-appointment of Lewis Emery to the Westbrook Housing

Authority Board of Commissioners through July 1, 2019.

Attest: ____________________________________

City Clerk

Signed: ____________________________________

Mayor

Date: _____________________________________

19 February 2015

The Honorable Mayor Colleen Hilton

The City ofWestbrook

2 York Street

Westbrook, Maine 04092

Dear Mayor Hilton:

I respectfully request that

Mr.

Lewis Emery be re-appointed as a Commissioner of The

Housing Authority of the City ofWestbrook Board of Commissioners. The term assumed would conclude on July 1st 2019.

~~ly,

Stacy

S~bol

Chairperson ,

· Westbrook Housing

.

. . . . . .

. . .

.

. .

.

. .

. . .

. .

.

.

. . . . .

WESTBROOK HOUSING

30

LIZA HARMON DRIVE , WESTBROOK, MAINE

04092- (P) 207.854.9779 (F) 207.854

.

0962

WWW.WESTBROOKHOUSING

.

ORG [email protected]

City of Westbrook, Maine

City Council

RESOLVED:

March 2, 2015

#

CONFIRMATION OF RE-APPOINTMENT TO SEWER COMMISSION

That the Westbrook City Council hereby confirms the Mayor’s re-appointment of Paul Bois to the Sewer Commission through December 31, 2017.

Attest: ____________________________________

City Clerk

Signed: ____________________________________

Mayor

Date: ____________________________________

City of Westbrook, Maine

City Council

RESOLVED:

March 2, 2015

#

CONFIRMATION OF RE-APPOINTMENTS TO BOARD OF ASSESSMENT REVIEW

That the Westbrook City Council hereby confirms the re-appointment of the following to the

Board of Assessment Review:

Richard Merriman, Ward 4 Representative through August 2019

Stephen Quigley, Ward 5 Representative through August 2019

John Bennet, At-Large Representative through August 2020

Attest: ____________________________________

City Clerk

Signed: ____________________________________

Mayor

Date: _____________________________________

City of Westbrook, Maine

City Council

RESOLVED:

March 2, 2015

#

CONFIRMATION OF APPOINTMENT TO RECREATION & CONSERVATION

COMMISSION

That the Westbrook City Council hereby approves the appointment of Warren Lain, 22 Lunt

Drive, to the Recreation & Conservation Commission, as a Ward 5 Representative through

December 2019.

Attest: ____________________________________

City Clerk

Signed: ____________________________________

Mayor

Date: _____________________________________

City of Westbrook, Maine

City Council

RESOLVED:

PLANNING BOARD CHAIRMAN’S ANNUAL REPORT

March 2, 2015

#

That the Westbrook City Council hereby acknowledges receipt of the attached Westbrook

Planning Board Chairman’s Annual Report for 2014.

Attest: ____________________________________

City Clerk

Signed: ____________________________________

Mayor

Date: _____________________________________

During 2014 the Planning Board conducted the review and approval or recommendation to the City Council of

(13) Public Hearings, (5) Sketch Plans, (2) Site Plans, (4) Site Plan Amendments, (2) Extensions of Site Plan approvals, (1) Subdivision, (2) Subdivision Amendments, (3) Special Exceptions, (4) Site Walks, (2) Village

Review approvals, (2) Requests for Comprehensive Plan Amendments, (2) Contract Zone Amendments (1)

Rezoning Request, ( 1) Paper Street Review,

(1) Extension of a Non-Conforming Use in Shore land Zone, ( l) Joint

Review- Subdivision in Gorham, (7) Land Use Ordinance Amendment recommendations.

Below is a list of activities of the Planning Board during 2014:

Public Hearings

1. Public Hearing - Rezoning and Comprehensive Plan Amendment - Map 9, Lots 3A and 30 and a portion of DOT right-of-way - Westbrook 1702, Inc., J.B. Brown & Sons and City of Westbrook to rezone and amend the Comprehensive Plan Future Land Use Map and text on the subject property, which includes but is not limited to a portion of the 500 Westbrook LLC Contract Zone (commonly known as

"Stroud water Place"), to the Gateway Commercial Zoning District ( 49 +/- acres along the Westbrook

Arterial) and Gateway Mixed Use Land Use Designation and Residential Growth Area 2 District (15 +/acres along Stroudwater Street). 01/07/2014

2. Public Hearing - Subdivision Amendment - Presumpscot Estates - Sebago Technics, on behalf of

Stillwater, LLC, for removal of the requirement for community facilities from the approved subdivision plan for a 39 condominium unit subdivision on an approximately 56-acre parcel generally located at 536

Cumberland Street. Tax Map: 10, Lots: 5, 6 and 10, Zone: Rural District and Resource Protection.

02/04/2014 & 04-01-2014

3. Public Hearing- Staff Initiated Land Use Ordinance Amendments- Sections 201, 202, 301, 306,

309- 311 and 405- Telecommunication Facilities and Towers and Section 404 Sign Regulations-

Manufacturing Zoning District - The subject amendments are put forward by staff and represent a complete overhaul of our telecommunications provisions in order to meet the modern day needs of the general public and municipal officials. There is also a proposal to address signage in the Manufacturing

Zoning District. Signage was not addressed when this district was established. Signage provisions would mirror those for the previous and surrounding Industrial Park District. 02/04/2014

4. Public Hearing- Contract Zone Amendment- Millbrook Estates- StGermain Collins, on behalf of

Westbrook Housing Authority for an amendment to the Millbrook Estates Contract Zone to allow the following primary changes: ( l) a change the type of units approved (but unbuilt) from 50 affordable

Congregate Care units for the elderly to up to 40 independent living units for the elderly, (2) to allow a 4story building wing instead of the 3-story approved but unbuilt wing, (3) to create a new parcel for the new wing, and ( 4) establish an appropriate mechanism to pay for public services necessitated by the new

Page jl

at 300 East Street. Tax

Contract Zone and Resource Protection Shoreland Zone.

5.

~

Citizen

Amendment~

59 acres lot on Tax

~

Contract and Plan

9, Lot: 3A. The Westbrook Planning Board is reviewing a suggested Contract Zoning Amendment and Comprehensive Plan Amendment for a mixed-use commercial project on an approximately 59 acre lot located on Tax Map: 9, Lot: Zone: Gateway

Commercial ( 44+/- ac.) and Residential Growth Area 2 (15 ac.) districts. These amendments are proposed by a citizen petition submitted to the after the City Council rezoned this parcel to GC and

RGA-2 on February 10,2014.

6. Public

Definitions and Gateway

Ordinance Amendments

~

Sections 201 and 309 -

District. The subject amendments are put forward by staff in order to allow automobile dealerships as pennitted uses. Automobile dealerships that were in existence in

2004 have been operating as legal non-conforming uses since that time. Staff acknowledges the recent level of investment at some of the dealerships and would like to see continued investment to improve the appearance of the Gateway Commercial District. 05/20/2014

7. Public

Hearing~

Site Plan Amendment- Animal Refuge League of

449 Stroudwater Street

Portland (ARLGP)

~

Sebago Technics on behalf of the ARLGP for construction of an approximately 25,000 sqf. building, parking and associated site improvements to include overflow parking for the adjacent Westbrook Middle School and Performing Arts Center. The proposed building and site improvements would be located on Tax Map 9, Lot 20. Zone: Rural. 07/01/2014

8. Public Hearing - Land Use Ordinance and Zoning Map Amendments - Sections 201 and 410 -

Definitions and Gateway Commercial District Automobile Dealership Overlay Zone. This is a referral by the City Council to establish an overlay zone in the Gateway Commercial District to allow automobile dealerships where they currently exist in the district. The use dominates the)and area in this district and there is continued investment in the dealerships. 07/0112014- Continued 09-02-2014

9. Public Hearing- Site Plan and Subdivision Amendment- Millbrook Estates- StGermain Collins on behalf of Westbrook Housing Authority for an amendment to the Millbrook Estates project to construct a

4-story building to connect to the existing building. The proposed building would consist of 3 8 onebedroom independent senior housing units. The property consists of a 3-story building on 100-acres located at 300 East Bridge Street. Tax Map 12, Lot 10, Zone: Millbrook Estates Contract Zone and

Resource Protection Shoreland Zone. 07/15/2014

10. Public Hearing- Site Plan

&

Subdivision- 375 Prides Street, LLC- Former Prides Corner School

-Sebago Technics on behalf of 3 75 Pride Street, LLC for construction of approximately 46 condominium units within 23 duplex buildings on an approximately 12 acre parcel. The property is located on Tax Map

58, Lot 26. Zone: RGA-2 and Highway Services. 09/16/2014

11. Public Hearing Staff Initiated Bulk Land Use Ordinance Amendments - Chapter II General

Provisions, Chapter III Zoning Districts, Chapter V Subdivision

&

Site Plan Review, Chapter

VII

Zoning

Board of Appeals. 1 0/07/2014

12. Public Hearing - Land Usc Ordinance Amendments - Sections 201 and 202 - Definitions and

General Provisions. This is a referral from the City Council to amend the definition of Automobile

Dealership and to allow Automobile Dealerships in the Gateway Commercial District north of the

Westbrook Arterial. The Automobile Dealership use is allowed as a permitted use in the Gateway

Commercial District. 12/02/2014

Page 12

l .

1. Amendment 9, Lots 3A and 30 and a of

Inc., J.B. Brown & Sons and City of Westbrook to rezone and amend the Comprehensive Plan Future Land Use Map and text on the subject propetty, which includes but is not limited to a portion of the 500 Westbrook LLC Contract Zone (commonly known as "Stroud water

Place"), to the Gateway Commercial District (49 +/-acres along the Westbrook Arterial) and Gateway

Mixed Use Land Use Designation and Residential Grovvth Area 2 District (15 +/-acres along Stroudwater

Street). ()1/07/2014 & 01-21-2014

2 .. Subdivision - Willow Drive Terradyn Consultants, LLC on behalf of Robie Builders, LLC for construction of six (6) single-family house lots on the south side of an approximately 800 foot dead-end roadway that would be built to City standards. There are four ( 4) single-family homes on the northern side of Willow Drive. The total acreage of the propetty is 7.41 acres and ofthat, 2.79 acres would be preserved as open space and a 50 foot wide easement would be granted to the City for a future public street connection from Bridgton Road to Duck Pond Road. Tax Map: 21, Lots: 26 and 27B. Zone: RGA-

3. 01107/2014

3. Subdivision Amendment- Presumpscot Estates- Sebago Technics, on behalf of Stillwater, LLC, for removal of the requirement for community facilities from the approved subdivision plan for a 39 condominium unit subdivision on an approximately 56-acre parcel generally located at 536 Cumberland

Street. Tax Map: 10, Lots: 5, 6 and 10, Zone: Rural District and Resource Protection. 01107/2014,02-04-

2014,04-01-2014 & 04/15/2014

4. Special Exception - Culinary Mushroom Production - 33 Elmwood Drive- Prides Corner, LLC, for approval ofthe Industry use for production of culinary mushrooms in an approximately 3,000 square foot space at 33 Elmwood Drive. Tax Map: 59, Lot 36, Zone: Highway Services District. 01107/2014

5. Extension of Site Plan Approval- Fairlane 500 Industrial Drive- 84 Warren Avenue- St. Germain

Collins, on behalf of Selden Von Hetien and Hissong Development, for a commercial condominium consisting of 13 condominium units (land areas with improvements). Most of the condominium units have been developed and the project is largely constructed. The major outstanding item is the paving of the driveway. The applicant is requesting a 9-month extension, to November 20, 2014, in order to complete the site plan during this construction season. The subject propetty is an approximately 20 acre parcel located at 84 and 84A Warren Avenue. Tax Map: 46, Lots: 17 18

&

19 and Tax Map 47, Lots:

202, 204

&

205, Zone: Industrial Park District and Gateway Commercial. 03/04/2014

6. Sketch Plan - Blue Spruce Farm Subdivision - 333 Spring Street - St.Clair Associates on behalf of

Risbara Propetiies, LLC for construction of 59 single-family/duplex lots and 70 rental apartments in three buildings on an approximately 32.6 acre parcel that runs along Spring Street and the Stroudwater River and bisects the river on the south side of the propetiy. The project would be served by public streets. The project would be located on Tax Map: 8, Lots: 9A, 10 and part of lOA. Zone: RGA-1 and Resource

Protection Shoreland Zone.

03/04/2014

7. Contract Zone Amendment - Millbrook Estates - St Germain Collins, on behalf of Westbrook

Housing Authority for an amendment to the Millbrook Estates Contract Zone to allow, among other changes, a change in unit type from congregate care to independent living, a 4-story building instead of 3

Page 13

nrnnp•·n; taxeso If the

1

'1

Board" The

Lot 10, Zone: Millbrook Estates

& 04~15~2014

0

Oo

Amendment and

9, Lot: 3A. The Westbrook Planning Board is reviewing a

59 acres

Contract Zoning

Amendment and Comprehensive Plan Amendment for a mixed-use commercial project on an approximately 59 acre lot located on Tax Map: 9, Lot: 3A. Zone: Gateway Commercial ( 44+/- ac.) and

Residential Growth Area 2 (15 ac.) Districts. These amendments are proposed by a citizen petition submitted to the city after the City Council rezoned this parcel to GC and on February 10, 2014.

9. Site & Zone- 21 Ash Street- Robert Mitchell for the development of a

4-story commercial building on an approximately .23 acre parcel located at 21 Ash Street. Tax Map 33,

Lot 142B, Zone: City Center District, Village Review Overlay Zone, General Development Shoreland

Zone, Downtown Housing Overlay Zone. 04/01/2014

10. of a

Non~Conforming

Use in the Shorcland Zone - 212 Brown Street - Catherine

Caswell dba Barn

&

Table Catering for the re-establishment of the catering use in the building located at

212 Brown Street. The use may be re-established pursuant to Sec. 203.4.B.2 of the Land Use Ordinances.

Tax Map 33, Lot 250: Zone: RGA-1 and General Development Shoreland Zone. 04/15/2014

11. Sketch Plan - Animal Refuge League of Greater Portland (ARLGP) - 449 Stroudwater Street -

Sebago Technics on behalf of the ARLGP for construction of an approximately 25,000 sqf. building, parking and associated site improvements to include overflow parking for the adjacent Westbrook Middle

School and Performing Arts Center. The existing residence on the property would be demolished but the existing main facility would remain as ancillary space. The property would tie into the future Landing

Road that will be built with Phase 2 of the "Stroudwater Landing" project. The proposed building and site improvements would be locate on Tax Map 9, Lot 20. Zone: Rural. 05/06/2014

12. Special Exception- Home Day Care Provider- 33 Dunn Street- Dawn True for an up to 12-child home day care facility on approximately 0.21 acres. Tax Map: 33, Lot 167, Zone: City Center District,

Village Review Overlay Zone and General Development Shore1and Zone. 05/20/2014

13. Sketch Plan- 375 Pddes Street, LLC- Former Prides Corner School- Sebago Technics on behalf of

375 Pride Street, LLC for construction of approximately 46 condominium units within 23 duplex buildings on an approximately 12 acre parcel. The proposed buildings and site improvements would be located on Tax Map 58, Lot 26. Zone: RGA-2 and Highway Services. 06117/2014

14. Site Plan Amendment - Animal Refuge League of Greater Portland (ARLGP) - 449 Stroudwatcr

Street - Sebago Technics on behalf of the ARLGP for construction of an approximately 25,000 sqf. building, parking and associated site improvements to include overflow parking for the adjacent

Westbrook Middle School and Performing Atts Center. The proposed building and site improvements would be located on Tax Map 9, Lot 20. Zone: Rural. 07/0112014 Site Walk 06/2112014

15. Site Plan Amendment- Bill Dodge Auto Group- Milone

&

MacBroom on behalf of the Bill Dodge

Auto Group for the construction of a 28,000 sqf. BMW automobile dealership on approximately 4 acres generally located between 1 and 9 Saunders Way. Tax Map 42B, Lots 101, 103, 108, 109, 110 and 113.

Zone: Gateway Commercial District. 07/01/2014

16. Site Plan and Subdivision Amendment - Millbrook Estates - St.Germain Collins on behalf of

Westbrook Housing Authority for an amendment to the Millbrook Estates project to construct a 4-story building to be connected to the existing building. The proposed building would consist of 38 one-

Page 14

The

Tax a with 100 on

Lot

I 0.

Zone: \lillbrook Estates Contract Zone

17.

Royal

Estates

~

Court Condominiums - Pinkham

&

Greer on behalf of

Development Company for the construction of the last 3-unit condominium building originally approved with the Gray Goose Estates project in 2005. The Site Plan has since expired and this is a request to construct the last building as originally approved on Tax Map 7, Lot 217 Units

K,

L & M.

Zone: RGA-1.

18. of Site Plan - Heart of Downtown

~

This local streetscape enhancement project will be built in co1~unction with the Maine DOT project to rebuild the

Bridge Street bridge and a separated pedestrian bridge. Completion of the streetscape improvements will not take place until the end of the overall project. This is a request for an extension of the August 6, 2013 approval of the local streetscape project. The project will include portions of land generally located on

Tax Maps: 32 and 33, Lots: 7 A and 114 and

127 respectively and the right of way of Bridge Street and

Main Street. Zone: City Center District, General Development Shoreland Zone, Village Review Overlay

Zone

&

Downtown Housing Overlay District. 07/01/2014

19. of

Paper Street Development- Essex Street and Whitney Avenue- BH2M, Inc. on behalf of

Christopher & Faye Wilson for the extension of Essex Street and Whitney Avenue (paper streets) to provide access to 11 lots of record for the construction of 11 single-family homes. This is consistent with

Sec. 406 Review of Paper Street Development. Tax Map: 43 Lot: Part of 47. Zone: RGA-1. 07/15/2014

Site Walk 06/2112014

20. Subdivision Amendment- Knight's Garden Estate- Methodist Road- DWN Asset Management for a change to a Condition of Approval governing development of a 4-lot subdivision. The applicant would like to construct Lot 4 on Methodist Road separate from the 3 lots on the proposed Private Way. This would require a change to Condition of Approval number 5. No changes are proposed to the subdivision plan for the property. Tax Map: 17, Lot 23, Zone: Rural District 08/05/2014

21. Site Plan

&

Village Review Overlay Zone - 925 Street - Horizons Engineering for Mr. Gunjan Patel for the complete renovation of the former LeClerc's gas and service station into a gas station and redemption facility across from Friendly Discount which is also owned by Mr. Patel. The redemption facility would be moved from Friendly Discount to the new Friendly Gas and Redemption. No building additions are proposed. The fa<;ade would be replaced and the site would be improved and defined by a sidewalk with granite curbing (on Main Street), a landscape island (easterly side) and perimeter curbing

(westerly side). The subject property is an approximately 0.29 acre parcel located at 925 Main Street. Tax

Map 32, Lot 104, Zone: City Center District, Village Review Overlay Zone, General Development

Shoreland Zone, Downtown Housing Overlay Zone. 08/05/2014

22. Site Plan & Subdivision- 375 Prides Street, LLC- Former Prides Corner School- Sebago Technics on behalf of 375 Pride Street, LLC for construction of approximately 46 condominium units within 23 duplex buildings on an approximately 12 acre parcel. The proposed buildings and site improvements would be located on Tax Map 58, Lot 26. Zone: RGA-2 and Highway Services. 09/02/2014

&

09-16-

2014 Site Wall{ 06/2112014

23. Joint Review - 11 Lot Subdivision in Gorham - Longfellow Woods. The Town of Gorham has received a request for Subdivision approval for an 11 lot subdivision on Longfellow Road. There would be 11 residential lots located on 22 acres with 3 acres of open space at the back of the subdivision. The back corner of the subdivision, less than one acre of undeveloped proposed open space, is located in

Westbrook, beyond the end of Harrisburg Avenue. For that reason the City of Westbrook is reviewing this item on a preliminary basis. 09/02/2014

Page

15

24.

of the

P .. \. on of

Fitness gym for reuse as a building expansion on the street

17,000 of the sqf building

IS

25. Laboratories- One IDEXX on behalf of lL/'~"~"'

Laboratories for a previously approved but not constructed parking lot adjacent to Calpine Drive and approval of a new parking lot to connect existing lots on the west side of the site, closest to the building.

The

Tax would be located on an approximately

56 acre located at One

IDEXX

Drive.

26.

~

Blue at 333 and 275 Street - StClair Associates on behalf of

Risbara Properties for construction of over 50 single-family/duplex units on individual lots, 98 market rate rental multifamily units (7 buildings) and 32 condominium units (8 buildings) on an approximately

48.81 acre parcel assemblage. The property straddles the Stroudwater River and no development is proposed on the south side of the river. The development would be served by public streets that would intersect with Spring Street in two locations; the nmihern intersection would be across from the future

Landing Road that is to be built as pati of the Stroudwater Landing project that extends from Spring

Street to Stroudwater Street. The subject prope1iy is located on Tax Map 8, Lots 11, l 0 & 1

OA pt. and 9.

Zone: RGA-1 and Resource Protection Shoreland Overlay Zone. Amended Sketch Planl0/07/2014

Walk 11/08/2014

27. Sketch Plan -Westbrook Public Works Facility- 371 Saco Street- Sebago Technics on behalf of the City of Westbrook for construction of new and renovation. The subject property is located on

Tax Map 4, Lot 25. Zone: RGA-2. 10/2112014

28. Extension of Site Plan Approval- Compressed Natural Gas Filling Station- 594 County Road-

American Natural Gas for the construction of a compressed natural gas filling station that will be open to the public. The extension is requested so that the initial supply of compressed natural gas may be coordinated with the construction of the facility. The applicant is requesting a 12-month extension, to

November 12, 2015. Tax Map: 2, Lot: 24F.

Commercial Overlay Zone. 11118/2014

Zone: Industrial Park District and County Road

29. Special Exception - 869 Main Street- Black Dinah Chocolatiers for approval of the Industry use for production of chocolates and other candies in an approximately 2,500 sqf. space within the building known as The Edwards Block. Within this space there would be a small retail component. The retail use is a Permitted Use in the City Center Zoning District. Tax Map: 32, Lot 117, Zone: City Center District,

Village Review Overlay Zone, Downtown Housing Overlay District and General Development Shore land

Zone. 12102/2014

City Initiated Zoning Amendments

1.

Land Use Ordinance Amendments Sections 201, 202, 301, 306, 309 311 and 405 -

Telecommunication Facilities and Towers. The subject amendments are put forward by staff and represent a complete overhaul of our telecommunications provisions in order to meet the modern day needs of the general public and municipal officials. 01107/2014

2. Land Use Ordinance Amendments Sections 201, 202, 301, 306, 309 311 and 405 -

Telecommunication Facilities and Towers and Section 404 Sign Regulations - Manufacturing

District. The subject amendments are put forward by staff and represent a complete overhaul of our telecommunications provisions in order to meet the modern day needs of the general public and municipal officials. There is also a proposal to address signage in the Manufacturing Zoning District. Signage was

Page 16

mirror those for

3.

The subject and 309

~ and are put forward by staff in order to allow automobile dealerships as permitted uses. Automobile dealerships that were in existence in 2004 have been operating as legal nonconforming uses since that acknowledges the recent level of investment at some of the dealerships and would like to see continued investment to improve the appearance of the Gateway

Commercial District.

4.

""'r,..,,.,.

Automobile

-Sections and 410

~ and

Overlay Zone. The subject overlay zone is referred to the Planning

Board by the City Council in response to a proposal put forward by staff in order to allow automobile dealerships as permitted uses. Automobile dealerships that were in existence in 2004 have been operating as legal non-conforming uses since that time. Staff acknowledges the recent level of investment at some of the dealerships and would like to see continued investment to improve the appearance of the Gateway

Commercial District. 06/17/2014,07/0112014 & 09/02/2014

5. Land Use Ordinance Amendments- Chapter II General Provisions,

Chapter V Subdivision Site Plan Review,

III Zoning Districts,

VII Zoning Board of Appeals. 09/02/2014

&

10/07/2014 & 10/21/2014

6. Land Use Ordinance Amendments - Sections 201 and 202 - Definitions and General Provisions.

This is a referral from the City Council to amend the definition of Automobile Dealership and to allow

Automobile Dealerships in the Gateway Commercial District north of the Westbrook Arterial. The

Automobile Dealership use is allowed as a permitted use in the Gateway Commercial District. 11/18/2014

& 12-02-2014

7. Land Use Ordinance Amendments - Sections 201, 202 and 310- Definitions, General Provisions and Industrial Park District. This is a referral from the City Council to .establish a definition for Bottle

Clubs, parameters for where they should be allowed and restrictions on their hours of operation and proximity to places of assembly and residences.

11/18/2014 & 12-02-2014

Sincerely,

LlJ(J)1ikel

66;J-__/

Edward Reidman,

Westbrook Planning Board

Cc: Mayor Colleen Hilton

Members of the City Council

JetTe Bryant, City Administrator

Planning Depatiment

Page 17

City of Westbrook

IN CITY COUNCIL

March 2, 2015

ORDERED:

#

AMENDING CHAPTER 29 – BANNER SIGNS IN THE PUBLIC RIGHT OF WAY

That the Westbrook City Council hereby approves the attached amendments to Chapter 29-

Streets and Sidewalks by establishing Article VII-BANNER SIGNS IN PUBLIC RIGHT-OF-

WAY.

First Reading:

Attest:

_________________________________________

City Clerk

Second Reading & Passed:

_________________________________________

Mayor

AMENDMENT TO CITY OF WESTBROOK CODE OF ORDINANCES

CHAPTER 29 (STREETS AND SIDEWALKS)

NEW ARTICLE VII-BANNER SIGNS IN THE PUBLIC RIGHT-OF-WAY

ARTICLE VII. BANNER SIGNS IN THE PUBLIC RIGHT-OF-WAY

Section 29-135. Banner signs authorized.

Banner signs shall be allowed in the City right-of-way along the frontage of Riverbank Park, in an area to be designated by the City. The signs shall be located upon poles installed by the City and banner signs shall be installed by the City. A permit must be acquired from the Department of Public Services prior to the installation of any banner sign.

Section 29-136. Qualifying organizations.

The organization requesting the banner and holding the event must be a non-profit or a governmental entity.

Section 29-137. Qualifying events; limitations on permits.

The banner must be for an event that will occur in Westbrook. Banner sign permits are valid for thirty (30) days from the date of issuance and are subject to the limitations of Section 29-140. A maximum of six (6) temporary sign/banner permits may be obtained within a twelve (12) month period.

Section 29-138. Regulations for banner specifications; compliance with regulations.

The specifications for banners shall be established by regulations to be established by the

Department of Public Services. No banner shall be allowed that does not meet the specifications established by the regulations.

Section 29-139. Advertising prohibited.

There shall be no advertising on the banner, other than the identification of sponsors of the event.

Section 29-140. Liability insurance required.

The organization requesting the banner shall provide evidence of liability insurance in the minimum amount of $400,000 and shall have the City of Westbrook listed as an additional insured on the certificate of insurance. Evidence of insurance must be provided before the banner permit is approved.

Section 29-141. Limitations on banner permits.

A banner shall be hung for no more than two weeks per event. In no event shall any organization other than the City of Westbrook be allowed to place banners for more than a total of one month each year.

Section 29-142. Conflicting requests.

Banner sign permits shall be approved on a first-come, first-served basis, except that in the event that the City seeks to hang a banner during a time that has been requested by another organization, the City shall receive priority.

Section 29-143. Delivery of banner sign for installation.

The organization with the banner sign permit is responsible for delivering the banner to the

Department of Public Services at least one week before the scheduled installation of the banner.

Section 29-144. Responsibility for banner sign.

The organization is responsible for picking up its banner at the Department of Public Services no later than one week after it is removed. In no event shall the City be responsible for storage or maintenance of the banner.

Section 29-145. Fee for banner sign permit application.

The fee for each banner sign permit application shall be established by order of the City

Council.

Section 29-146.

Requirements for submission of applications.

Applications for permits for banner signs shall be submitted to the Department of Public

Services. Applications shall be accompanied by the required fee or will not be processed.

City of Westbrook

IN CITY COUNCIL

March 2, 2015

ORDERED:

#

AMENDING CHAPTER 20 RE: BOTTLE CLUBS

That the Westbrook City Council hereby amends Chapter 20-Licenses & Permits by adopting the attached

Article XXII re: Regulation of Bottle Clubs, as recommended by the Committee of the Whole.

First Reading:

Attest:

_________________________________________

City Clerk

Second Reading & Passed:

_________________________________________

Mayor

AMENDMENTS TO WESTBROOK CITY CODE

CHAPTER 20, ARTICLE XXIII

RE: REGULATION OF BOTTLE CLUBS

ARTICLE XXIII. BOTTLE CLUBS.

Sec. 20-21 76 . Definitions.

Bottle club

shall mean a facility operated on a regular, profit or nonprofit basis for social activities in which members or guests provide their own liquor, where no liquor is sold on the bottle club premises, which maintains suitable facilities for the use of members on a regular basis or charges an admission fee to members or the general public and where members, guests or others are regularly permitted to consume liquor. As used in this definition, "regularly" includes daily, weekly or monthly, but does not include once a year or less often.

Bottle club premises

shall include all parts of contiguous real estate occupied by the bottle club over which the bottle club owner has direct or indirect control or interest and which the bottle club owner uses in the operation of the bottle club.

Sec. 20-21 87 . License required; posting.

No person, firm or corporation shall operate a bottle club as herein defined without obtaining and maintaining a valid bottle club license. Licenses shall be obtained in accordance with the requirements of Sec. 20-1 – 20-30. Once issued, the license shall be posted in a conspicuous place at the license premises.

Sec. 2-21 98 . Location.

No bottle club shall be located within three hundred (300) feet of any residence, public or private school, school dormitory, church or parish house in existence at the time that the bottle club license application is submitted. For purposes of this section, the distance shall be measured from the main entrance of the residence, school, school dormitory, church or parish house by the ordinary course of travel.

Sec. 20-2 2019 . Notice and public hearing.

The municipal officers shall hold a public hearing on any application for a new bottle club or application for the transfer of location of an existing bottle club. The municipal officers shall provide public notice of a hearing held under this section, with the cost of the notice to be paid by the applicant. The notice shall include the name and proposed location of the bottle club and the name and place of the hearing and shall appear for at least 3 consecutive days before the date of the hearing in a daily newspaper or for 2 consecutive weeks before the hearing date in a weekly newspaper.

1

Sec. 20-22 10 . Standards for denial.

In granting or denying an application, the municipal officers shall indicate the reasons for their decision and provide a copy to the applicant. An application may be denied on one or more of the following grounds:

A. Conviction of the applicant of any Class A, Class B or Class C crime.

B. Noncompliance of the bottle club with any zoning or other land use ordinance not related directly to liquor control.

C. Conditions of record such as waste disposal violations, health or safety violations or repeated parking or traffic violations on or in the vicinity of the bottle club and caused by persons patronizing or employed by the bottle club or other such conditions that unreasonably disturb, interfere with or affect the ability of persons or businesses residing or located in the vicinity of the bottle club to use their property in a reasonable manner.

D. Repeated incidents of record of breaches of the peace, disorderly conduct, vandalism or other violations of law at or in the vicinity of the bottle club and caused by persons patronizing or employed by the bottle club.

E. A violation of any provision of Title 28-A of the Maine Revised Statutes.

F. In the case of corporate applicants, ineligibility or disqualification under section 601 of any officer, director or stockholder of the corporation.

G. Location of the bottle club at any amusement area, beach or other area designed primarily for use by minors.

Sec. 20-22 21 . Appeals.

Any applicant aggrieved by a decision of the municipal officers may file an appeal as set forth in 28-A M.R.S.A. § 161-B.

Sec. 20-22 32 . Hours of operation.

The bottle club premises shall be closed and vacated by members and guest each day from

1:00 a.m. to 9:00 a.m. During the hours that the bottle club must remain closed, no members, guests or other persons may be on, or remain in, the premises, except for regular employees of the bottle club. The drinking of alcoholic beverages on the bottle club premises during such hours is prohibited.

Sec. 20-22 43 . Entrance to be marked; kept unlocked.

The entrance to every bottle club shall be plainly marked “Bottle Club, Members and

Guests Only.” The bottle club shall remain unlocked during all hours of operation.

2

Sec. 20-22 54 . Area for consumption of alcoholic beverages limited.

The consumption of alcoholic beverages shall be limited to the interior of a fully enclosed structure. No consumption of alcoholic beverages shall be allowed to occur out-ofdoors on the premises of the bottle club.

Sec. 20-226. Requirements of State law; access for law enforcement officials.

The operator of any bottle club is responsible for compliance with the requirements of 28-A

M.R.S.A. § 161 and all other applicable requirements of State law. Access shall be provided to law enforcement officers as required by 28-A M.R.S.A. § 161(7).

3

City of Westbrook

IN CITY COUNCIL

March 2, 2015

ORDERED:

#

LAND USE ORDINANCE AMENDMENTS RE: BOTTLE CLUBS

That the Westbrook City Council hereby adopts the attached amendments to the City’s Land Use

Ordinance Section 201, 202 and 310, establishing bottle clubs as a permitted use in the Industrial

Park District, as recommended by the Planning Board and the Committee of the Whole, and further sets a public hearing date of April 6, 2015.

First Reading:

Attest:

_________________________________________

City Clerk

Second Reading & Passed:

_________________________________________

Mayor

City of Westbrook

DEPARTMENT OF PLANNING

T

2 York Street Westbrook, Maine 04092

MEMO

DATE: January 22, 2015

TO: The Honorable City Council

(207) 854-9105 Fax: (866) 559-0642

FROM: Molly Just, AICP, City Planner

RE: Land Use Ordinance Amendments – Bottle Clubs - Sections 201, 202 and 310 – Definitions,

General Provisions and Industrial Park District

This is provided in response to a referral from the City Council to the Planning Board. The City Council requested that the Planning Board draft a definition for Bottle Clubs, parameters for where they should be allowed and restrictions on their hours of operation and proximity to places of assembly and residences.

See the attachments for a proposed definition and parameters for the use, including allowing the use along

Warren Avenue in the Industrial Park District.

At their December 2 nd

meeting, the Planning Board voted to recommend Council adoption of the attached language.

AMENDMENTS TO WESTBROOK CITY CODE

LAND USE ORDINANCES, SECTION 201, 202 AND 310

RE: BOTTLE CLUBS - DEFINITION, GENERAL PROVISIONS AND AS A

PERMITTED USE IN THE INDUSTRIAL PARK DISTRICT

201 Definitions.

Bed and Breakfast Class 2

. A dwelling occupied by the owner as his principal place of residence where not more than 5 rooms are rented on a daily basis, and where meals may be provided.

Bottle Club.

A facility operated on a regular, profit or nonprofit basis for social activities in which members or guests provide their own liquor, where no liquor is sold on the bottle club premises, which maintains suitable facilities for the use of members on a regular basis or charges an admission fee to members or the general public and where members, guests or others are regularly permitted to consume liquor. As used in this definition, "regularly" includes daily, weekly or monthly, but does not include once a year or less often.

Bottle Club Premises.

All parts of contiguous real estate occupied by the bottle club over which the bottle club owner has direct or indirect control or interest and which the bottle club owner uses in the operation of the bottle club.

Buffer Zone

. Area of undeveloped or landscaped land, measured in horizontal distance, used to provide separation between conflicting uses.

***

202 General Provisions.

***

Bottle Club.

Bottle clubs are allowed as a permitted use in the Industrial Park District where it exists south of the Presumpscot River and along Warren Avenue. No bottle club shall be located within three hundred (300) feet of any residence, public or private school, school dormitory, church or parish house in existence at the time that the bottle club license application is submitted. For purposes of this section, the distance shall be measured from the main entrance of the residence, school, school dormitory, church or parish house by the ordinary course of travel.

The bottle club premises shall be closed and vacated by members and guest each day from 1:00 a.m. to 9:00 a.m. During the hours that the bottle club must remain closed, no members, guests or other persons may be on, or remain in, the premises, except for

regular employees of the bottle club. The drinking of alcoholic beverages on the bottle club premises during such hours is prohibited.

***

310 Industrial Park District.

The Industrial Park District includes the City’s largest developed industrial parks. Some of these existing facilities are in need of upgrade, while others have the capacity to expand. Setback and lot standards have been relaxed to encourage such investment

310.1

Permitted Uses

. The following uses are permitted in the Industrial Park District as a matter at right:

Accessory Use Media Studio Class 2

Bottle Club

Business Office

Educational Facility (Ord. of 7-1-13)

Municipal Facility

Neighborhood Grocery

Private Indoor Recreation Facility

Media Studio Class 1 Vocational Educational Facility

***

City of Westbrook

IN CITY COUNCIL

March 2, 2015

ORDERED:

#

AUTHORIZING PURCHASE OF PUBLIC SAFETY ADMINISTRATIVE PRINTER

That the Westbrook City Council hereby approves the purchase of a Kyocera TASKalfa 2015ci color printer from Portland Computer Copy, Inc. (PCCI) for use at the Public Safety Department at a total cost of $6,795.

Account: 2114-42110-47441-200-0

First Reading:

Attest:

City Clerk

_________________________________________

Second Reading & Passed:

_________________________________________

Mayor

> PRINT > COPY > SCAN > FAX

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, Dual 1 , 500 Sheet Trays

(PF740 (B))

; 3 , 000 Sheet Large Capacity Tray

(PF770 )

Paper Capacity:

Standard: 1 , 150 Sheets

Maximum: 7 , 150 Sheets

Paper Size:

Trays 1 , 2 and

PF730 (B)

: 5 .

5 " x 8 .

5 " – 12 " x 18 ";

PF740 (B)

,

PF770

: 8 .

5 " x 11 ";

MPT:

5 .

5 " x 8 .

5 " – 12 " x 18 "

(Multiple Sheets); Up to 12 " x 48 " Banner (Single Sheet)

Paper Weight:

Trays: 16 lb Bond – 120 lb index ( 60 – 220 gsm)

MPT: 16 lb Bond – 110 lb Cover ( 60 – 300 gsm)

Input Materials:

Bond Paper, Recycled Paper, Transparencies, Cardstock,

Envelopes, Labels, Tabs, Gloss

SECURITY SPECIFICATIONS

Standard:

Local Authentication, Network Authentication (IPsec,

HTTPS, LDAP over SSL, SNMPv 3 ); Secure Print (IPP over SSL);

Scan to e-mail (POP 3 /SMTP over SSL); Scan to FTP (FTP over SSL);

Scan to SMB/PC/USB; FTP over SSL

Optional:

Data Security Kit (E): Network Data Encryption, HDD

Overwrite Mode, HDD Data Encryption

PRINT SPECIFICATIONS

Standard Controller:

Freescale QorIQ P 1022 (Dual Core) / 800 MHz

PDLs / Emulations:

PRESCRIBE, PCL 6 ( 5 e, XL), KPDL 3 (PS 3 ), XPS;

Optional (

UG34

): IBM ProPrinter, Line Printer, LQ850

Fonts:

136 KPDL 3 , 93 PCL 6 , 8 Windows Vista, 1 Bitmap

Windows ® OS Compatibility:

Windows XP/ 2003 /Vista/ 2008 / 7 / 8 /

Server 2008 R 2 /Server 2012

Novell OS Compatibility:

Novell NetWare 3 .x/ 4 .x/ 5 .x/ 6 .x

Mac OS Compatibility:

Mac OS 10 .x; AirPrint Enabled

UNIX OS Compatibility:

Sun OS 4 .

1 .x; Solaris 2 .x; AIX; HP-UX (LPR)

Interfaces:

Standard: 10 / 100 / 1000 BaseTX, Hi-Speed USB 2 .

0 ,

4 USB Host Interfaces, 2 Expansion Slots

Optional: 10 / 100 / 1000 BaseTX

(IB50

for Dual NIC);

Optional: IEEE 802 .

11 b/g/n (

IB51

for Wireless LAN Interface)

Network Print and Supported Protocols:

TCP/IP, NetBEUI, FTP, LPR, IPv 6 , IPsec, SSL, WSD Print

Drivers:

KX Driver, Mini Driver, KX Driver for XPS, XPS Mini Driver,

Network Fax Driver, PPD for MAC

Utilities:

KYOCERA Net Admin, KYOCERA Net Viewer, PDF Direct

Print, Command Center RX

SCAN SPECIFICATIONS

Scan Type:

Color and Black & White Scanner

Scan Resolution:

600 dpi, 400 dpi, 300 dpi, 200 dpi,

200 x 100 dpi, 200 x 400 dpi

File Formats:

BW: TIFF, XPS, PDF, PDF/A;

Color: TIFF, JPEG, XPS, PDF, PDF/A

PDF Extension:

High Compression PDF, Encrypted PDF,

Searchable PDF (OCR) Option

Scan Speeds:

DP770 (B):

Simplex: 65 ipm BW/Color ( 300 dpi);

Duplex: 39 ipm BW/Color ( 300 dpi)

DP772 :

Simplex: 70 ipm BW/Color ( 300 dpi);

Duplex: 100 ipm BW/Color ( 300 dpi)

Connectivity / Supported Protocols:

10 / 100 / 1000 BaseTX, TCP/IP

Scanning Functions:

Scan to Folder (SMB), Scan to e-Mail, Scan to

FTP, Scan to FTP over SSL, Scan to USB, WSD Scan, TWAIN Scan

Original Size:

Through DP: Statement to 11 " x 17 ";

Glass: up to 11 " x 17 "

Driver:

TWAIN/WIA Driver

COPY SPECIFICATIONS

Image Mode:

Text, Photo, Text/Photo, Auto, Manual, Map

Continuous Copy:

1 – 999 / Auto Reset to 1

Additional Features:

Positive/Negative Reverse, Mirror Image,

Rotate Copy, Border Erase, Split Copy, Electronic Sort, Margin

Shift, Page Number, Form Overlay, XY Zoom, Prevent Bleed

Through, Text Stamp, Bates Stamp, Blank Page Skip

Job Management:

1 , 000 Department Codes, Job Programs,

Job Build, Shortcut Keys, Repeat Copy

Color Adjustment:

One Touch, Hue, Auto Exposure, Sharpness

Magnification / Zoom:

Full Size, 4 Reduction, 4 Enlargement

Preset Ratios, 25 – 400 % in 1 step increments

Document Box:

Custom Box, Job Box, Removable Memory Box,

Fax Box (with optional Fax System)

DOCUMENT PROCESSOR OPTIONAL DP-770(B) OR DP-772

Type / Capacity:

DP770 (B):

Reversing Automatic Document Processor / 100 Sheets

DP772 :

Dual Scan Document Processor / 175 Sheets

Acceptable Originals:

5 .

5 " x 8 .

5 " – 11 " x 17 "

Acceptable Weights (Simplex / Duplex):

DP770 (B):

Simplex: 13 lb Bond – 90 lb Index ( 45 – 160 gsm);

Duplex: 16 lb – 32 lb Bond ( 50 – 120 gsm)

DP772 :

Simplex: 13 lb Bond – 120 lb Index ( 35 – 220 gsm);

Duplex: 16 lb Bond – 120 lb Index ( 50 – 220 gsm)

FAX SPECIFICATIONS

Fax Type:

Fax System W(B) / Internet Fax Kit (A) (requires Fax System W(B))

Compatibility / Data Compression:

G 3 Fax / MMR, MR, MH, JBIG

Transmission Speed / Modem Speed:

Approximately 3 seconds per page / 33 .

6 Kbps

Fax Memory:

Standard: 12 MB; Maximum: 120 MB

Driver:

Network Fax Driver

Fax Functions:

Duplex TX/RX, Confidential RX/TX, F-Code RX/TX,

Broadcasting, Fax Box, Dual Fax

OPTIONAL 1,000 SHEET FINISHER DF-770(C/D)

Stack / Staple Capacity:

Main Tray: 1 , 000 Sheets / 50 sheets

(up to 24 lb Bond ( 90 gsm))

Paper Size:

5 .

5 " x 8 .

5 " – 12 " x 18 "

Paper Weight:

16 lb Bond – 110 lb Cover ( 60 – 300 gsm)

Edge Staple Position:

3 Positions: Top Left, Bottom Left, Center Bind

Optional Punch: PH7 A

2 and 3 Hole Punch Unit, Supports

8 .

5 " x 11 " – 12 " x 18 "; 13 lb Bond – 110 lb Cover ( 45 – 300 gsm)

OPTIONAL 4,000 SHEET FINISHER DF-790(C)

Stack / Staple Capacity:

Main Tray: 4 , 000 Sheets;

Sub Tray (B): 200 Sheets; Sub Tray (C): 100 Sheets / 65 sheets

(up to 24 lb Bond ( 90 gsm))

Paper Size:

5 .

5 " x 8 .

5 " – 12 " x 18 "

Paper Weight:

16 lb Bond – 110 lb Cover ( 60 – 300 gsm)

Edge Staple Position:

3 Positions: Top Left, Bottom Left, Center Bind

Optional Multi-bin Mailbox: MT730 (B)

Includes 7 Trays; Supports

16 lb Bond – 90 lb Index ( 60 – 163 gsm) Stack Capacity per bin:

100 Sheets: 5 .

5 " x 8 .

5 ", 8 .

5 " x 11 "; 50 Sheets: 8 .

5 " x 14 ", 11 " x 17 "

Optional Punch: PH7 A

2 and 3 Hole Punch Unit, Supports

8 .

5 " x 11 " – 12 " x 18 "; 13 lb Bond – 110 lb Cover ( 45 – 300 gsm)

Optional Booklet Folder / Tri-fold Unit: BF730

Booklet Folder

Supports 8 .

5 " x 11 ", 8 .

5 " x 14 ", 11 " x 17 "; Fold booklet staple:

16 lb Bond – 24 lb Bond ( 60 – 90 gsm) 16 sheets; 25 lb Bond – 28 lb

Bond ( 91 – 105 gsm) 13 sheets; Fold booklet no staple: 16 lb Bond

– 24 lb Bond ( 60 – 90 gsm) 5 sheets; 25 lb Bond – 72 lb Index

( 91 – 120 gsm) 3 sheets; 32 lb Bond – 110 lb Cover ( 121 – 256 gsm)

1 sheet; Trifold supports 8 .

5 " x 11 " only: 16 lb Bond – 24 lb Bond

( 60 – 90 gsm) 5 sheets; 25 lb Bond – 72 lb Index ( 91 – 120 gsm)

3 sheets; 16 lb Bond – 28 lb Bond ( 60 – 105 gsm) 1 sheet

ADDITIONAL OPTIONS

Data Security Kit (E) Provides Security Overwrite and Encryption for

Print, Copy, and Scan, Optional Fax Memory, Original Hardcopy Holder

(Document Tray), Card Authentication Kit (B), Banner Guide (A),

Keyboard Holder, Scan Extension Kit (A) for Searchable PDF/OCR,

EFI Fiery Printing System

Specifications and design are subject to change without notice.

For the latest on connectivity visit www.kyoceradocumentsolutions.com/us

DMS Link and PinPoint Scan are trademarks of the KYOCERA Companies.

MAC and AirPrint are trademarks of Apple, Inc.

Java is a trademark of Oracle Corporation.

Fiery is a trademark of Electronics for Imaging, Inc.

Other trademarks are the property of their respective owners.

KYOCERA Document Solutions America, Inc.

Headquarters: 225 Sand Road, Fairfield, NJ 07004 0008 , USA

© 2013 KYOCERA Document Solutions America, Inc.

City of Westbrook

IN CITY COUNCIL

March 2, 2015

ORDERED:

#

APPROVING 2014-2015 ANNUAL CONTRACT WITH ANIMAL REFUGE LEAGUE

That the Westbrook City Council hereby approves the attached annual agreement between the

City of Westbrook and the Animal Refuge League for the care of stray, abandoned and unwanted animals at an annual cost of $20,118.10 for the period of July 1, 2015 through June 30, 2016.

Account: 1000-45900-49413-500-0

First Reading:

Attest:

_________________________________________

City Clerk

Second Reading & Passed:

_________________________________________

Mayor

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