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
APPLICATION FOR MEMBERSHIP TO A BOARD OR COMMITTEE
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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
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
APPLICANT'S NAME:fY\<!7
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APPLICANT'S ADDRESS:
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ALTERNATE PHONE# :
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PHONE2o1
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MAINE DRIVER
_ _
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{.. _
Y3 l3tVfJe'==
MI!J
Signature
' ; ; /
2
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Phone
'
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
.
~ cc:.
FOR OFFICE USE ONLY
REPORT OF INSPECTING OFFICERS:
_ _ _ Approved ___ Denied
Comments:
P O L I C E - - - - - - - - - - - - - - - - - - - - - - - -
Fees paid :
Total amount paid
=
$ _ _ _ _ _
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
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
NO
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
OR~ to endanger , operating or attempting to operate under the influence?
YES
~
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
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 #
Mcy~
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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:
._/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.)
IC?.u8ht
Hc~,q/(JDOB:
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Location (Street Address) ,
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Address
City/Town
brtJ'<!Jk _
State
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Pel~~
Mailing Address
City/Town
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P.fldt:?t
Telephone Number
Federal I.D. #
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State
Fax Number
Zip Code City/Town
() 'ftl1'
'2-
State
Business Telephone
Nu~ber
2tJ1-
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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 .. '
((}..--
.11/1
'2..,..
Business hours:
a;lt./.
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10.
Is/are applicants(s) citizens of the United States?
11.
Is/are applicant(s) residents of the State of Maine?
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.
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.
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? /
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:
'
fofeG/; .
Town/City, State
iM
. on
Please sign in
blue ink
Si Q.t.ul• of Applicant or Corporate Officer(s)
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
(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.
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:
,
;ft/J>;~t;J
__.
·f!e)rnut2.fr!J '·
r
A).tp
(tJ:--
/};VCINtf
G
~
(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
/ltJfS~/+;AI
Address for Previous 5 years
~
?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
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
n
D
STATUTE SEARCH
C
CH.
CoNTENTS
C
TITLE
CoNTENTs c
LIST OF TITLES
DISCLAIMER c
MAINE LAW
C
REVISOR's OFFICE
MAINE LEGISLATURE http://www.mainelegislature.org/legis/statutes/38/title38sec441.html
Title 38, §441: Code enforcement officers
1.
[ RR 2007, c.
2, §25 (COR) .]
by
[ 19 9 7' c . 2 9 6
I
§ 11 ( AMD) . l
[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
.
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,
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
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
TASKalfa 3051c i
COLOR MULTIFUNCTIONAL
SYSTEM
> Vibrant, Color Output Up to
30
Pages Per Minute in
Color and Black
> Color Scan Up to
100
ipm
> Intuitive and Customizable Touch Screen Control Panel
> Advanced Finishing Options to Power Workflow
> Robust and Scalable Business Applications
> Statement - 12 " x 18 " Printing from the Paper Trays
> Standard Gigabit Ethernet
> Tab Printing Available Through Multi Purpose Tray
> AirPrint Enabled for a Mobile Printing Solution
TASKalfa 3051 ci
The TASKalfa 3051 ci delivers all the functionality needed to help maximize productivity, bringing flexible configuration and advanced finishing abilities for exceptional color and black & white output.
Seamlessly integrated business applications power workflow. And, when combined with KYOCERA’s award-winning ultra-reliability and unique long-life technology, ensure superior performance and maximum efficiency. When it comes to document imaging innovation and quality you can rely on, the TASKalfa 3051 ci delivers.
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DMS LINK:
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PINPOINT SCAN:
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SharePoint Connector and versatility.
SHAREPOINT CONNECTOR:
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BASIC SPECIFICATIONS
Configuration:
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Print/Scan/Copy/Optional Fax
Pages Per Minute:
Color and Black – Letter: 30 ppm, Legal: 18 ppm,
Ledger: 15 ppm, 12 " x 18 ": 15 ppm (print only)
Warm Up Time:
25 Seconds or Less (Power On)
First Page Out:
Copy: 5 .
5 Seconds or Less Black, 7 .
3 Seconds or Less Color;
Print: 7 .
3 Seconds or Less Black, 9 .
5 Seconds or Less Color
Resolution / Bit Depth:
600 x 600 dpi; 9600 x 600 dpi interpolated / 8 bit depth
Memory / Hard Disk Drive:
3 .
5 GB RAM Standard / 160 GB HDD
Duplex:
Standard Stackless Duplex Supports Statement to
12 " x 18 ", 16 lb Bond - 120 lb Index ( 60 – 220 gsm)
Standard Output Tray:
Statement - 12 " x 18 " / 250 sheets; up to 12 " x 48 " Banner / Single Sheet
Electrical Requirements:
120 V, 60 Hz, 12 .
0 A; 220 240 V, 50 Hz, 7 .
2 A
Dimensions / Weight:
25.51" x 30.20" x 29.41" / 251.33
lbs
Maximum Monthly Duty Cycle:
150 , 000 Pages Per Month
PAPER SUPPLY
Standard Paper Sources:
Dual 500 Sheet Trays, 150 Sheet MPT; Auto Selection/Switching
Optional Paper Sources:
Dual 500 Sheet Trays
(PF730 (B))
, 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 .
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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
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Standard:
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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:
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Scan Type:
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Scan Resolution:
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200 x 100 dpi, 200 x 400 dpi
File Formats:
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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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