SACO CITY COUNCIL MEETING TUESDAY, JANUARY 2, :30 PM CITY HALL AUDITORIUM

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1 CITY OF SACO, MAINE Administration Kevin L. Sutherland, City Administrator Saco City Hall Telephone: (207) x Main Street Saco, Maine Facebook: /sacomaine I. CALL TO ORDER SACO CITY COUNCIL MEETING TUESDAY, JANUARY 2, :30 PM CITY HALL AUDITORIUM II. III. IV. RECOGNITION OF MEMBERS PRESENT PLEDGE OF ALLEGIANCE GENERAL V. PUBLIC COMMENT VI. VII. CONSENT AGENDA A. Approval of Minutes for: December 11, 2017 B. Application for a Solid Waste Permit Casella d/b/a Pine Tree Waste Services & BBI Waste Industries AGENDA A. Confirm the Appointment of Ryan A. Sommer as Director of Parks and Recreation B. Sale of Mill Brook Business Park Lot #3 to Baha, LLC C. Contract Zone Amendment and Extension -184 Simpson Road D. Acceptance of Joanna Drive, Morrill Estates Subdivision P3 P14 P16 P30 P43 VIII. IX. COUNCIL DISCUSSION AND COMMENT EXECUTIVE SESSION Be it Ordered that the City Council enter into executive session, Pursuant to [M.R.S.A. Title 1, Chapter 13, Subchapter 1, 405(6) D. Discussion on the City Administrator s Contract. I move to approve the order X. REPORT FROM EXECUTIVE SESSION Language for this will be provided during Executive Session XI. ADJOURNMENT

2 SACO CITY COUNCIL WORKSHOP MONDAY, JANUARY 2, 2018 CITY HALL AUDITORIUM AGENDA (for discussion, no action is taken) A. Budget Amendment Fire Boat Training B. Legislative Delegation Invite C. Goal Setting Exercise P71 P75 P76

3 CONSENT AGENDA ITEM: B MEETING ITEM COMMENTARY AGENDA ITEM: Application for a Solid Waste Permit Casella d/b/a Pine Tree Waste Services & BBI Waste Industries STAFF RESOURCE: Michele L. Hughes, City Clerk COUNCIL RESOURCE: Councilor Roger Gay BACKGROUND: Casella d/b/a Pine Tree Waste Services & BBI Waste Industries has applied for a Solid Waste Permit for a period of one year. The applicant has paid all applicable permit fees as required by Chapter 181 Solid Waste, Article II, Licenses EXHIBITS: Application. RECOMMENDATION: Staff recommends approval. SUGGESTED MOTION: Be it Ordered that the City Council grant the renewal application for a Solid Waste Permit as submitted by Casella d/b/a Pine Tree Waste Services & BBI Waste Industries. I move to approve the Order. 3

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14 AGENDA ITEM: A Date: January 2, 2017 MEETING ITEM COMMENTARY AGENDA ITEM: Confirm the Appointment of Ryan A. Sommer as Director of Parks and Recreation STAFF RESOURCE: Kevin L. Sutherland, City Administrator COUNCIL RESOURCE: Councilor Lynn Copeland BACKGROUND: EXHIBITS: According to Section 3.04 Powers and Duties of the City Administrator : A. He shall appoint, subject to consultation with the Mayor and confirmation by the City Council, all department heads provided by or under this Charter 1. Ryan Sommer s Resume STAFF RECOMMENDATION: The City Administrator recommends the appointment of Ryan A. Sommer as Director of Parks and Recreation SUGGESTED MOTION: Be it ordered that the City Council confirm the appointment of Ryan A. Sommer as Director of Parks and Recreation I move to approve the order. 14

15 AGENDA ITEM: A RYAN A. SOMMER Exhibit Item: 1 29 Meserve Lane Dayton, ME (207) ryan_sommer@hotmail.com WORK HISTORY 2005 present Executive Director, North Conway Community Center (North Conway, NH) Manage municipal departments and resolve community problems Facilitate monthly Board of Directors meeting and present relevant Community Center updates Possess working knowledge of Federal and State programs and public administration procedures Adept at analyzing situations and following through with conflict resolutions Manage staff and evaluate work performance Set up schedules and transportation for sporting activities Develop and adhere to annual budget Proven capacity for high level fundraising Collaborate with numerous Non-Profits Develop new programs and evaluate existing programs Negotiate new and existing rental contracts Wrote multiple grants to procure over 2 million dollars for various improvements and initiatives Hire staff and recruit volunteers Parks and Recreation Director/Community Service Director, Town of Ogunquit (Ogunquit, ME) Managed municipal departments and resolved community problems Served as Director of Maintenance at Town Hall Managed $1.2 million parking lot operation Developed and adhered to annual budget Solicited donations for activities in the community Wrote grants for various programs and facilities Organized and developed community-wide activities and programs Hired staff and recruited volunteers Evaluated full-time employees Oversaw, maintained, and scheduled the use of playing fields and play structures Recreation Technician, Saco Parks and Recreation (Saco, ME) Organized activities in the community of Saco Developed and adhered to budgets Recruited and evaluated staff members Interviewed new hires Scheduled use of parks, playgrounds, gyms, and fields Evaluated parks and facilities and assisted in making necessary improvements Coordinated activities throughout the Tri-City Program Solicited funds for activities in the community Wrote grants for various programs and facilities EDUCATION Bachelor of Science Degree in Psychology, 2000 Minor in Education University of Southern Maine SKILLS & CERTIFICATIONS Proficient in Microsoft Word, Excel, Print Shop, Publisher, and the Internet Experience with writing press releases and creating pamphlets and brochures Sound communication skills in both written and oral forms CPR and First-Aid certified COMMITTEES Carroll County Recreation Directors Association Active member of the Mud Bowl Committee Active member of the Fourth of July Committee Head of Capital Campaign Committee 15

16 AGENDA ITEM: B DATE: January 2, 2018 AGENDA ITEM: STAFF RESOURCE: COUNCIL RESOURCE: MEETING ITEM COMMENTARY Sale of Mill Brook Business Park Lot #3 to Baha, LLC William J. Mann, Economic Development Director Councilor William Doyle BACKGROUND: On November 13, 2017 the City of Saco received an offer for the purchase of lot #3 (10 Mill Brook Road) in the Mill Brook Business Park. The City Code grants the Economic Development Commission (EDC) authority to sell property in the park if it is for an amount at or above 80% of the Council established listed price. The offer of $180, represents 87.61% of the List Price of $206, NOTE: While the proposed sale price is above 80% of the List Price it appears that the current Listing Prices were not reaffirmed by the Council in the last 12 months. We will be discussing our lot pricing methodology in Executive Session with the City Council and requesting the Council s approval of go forward prices for the remaining development lots via a separate Council Action. The Economic Development Council met on Wednesday November 15 th and unanimously recommended that the Saco City Council approve the sale (Option B) of this lot to Baha, LLC for $180, The company plans to build three flex buildings on the site to be known as Ten Mill Brook Business Center with up to sixteen rental/condo* units ranging in size from 1,494 sq. ft. to 1,957 sq. ft., although units could be combined to create a larger space for an individual user. The total square footage as proposed is 25,906 sq. ft. with 67 parking spaces. The spaces will be rented / sold to businesses that fit the allowed use parameters for the Industrial -3 Zone, a copy of those uses is included with this item commentary packet. The developers understand the need to conform to all Park covenants including total minimum employment levels (10+ employees) for the property. No Credit Enhancement has been requested. *The question of commercial condominium conversion is being researched. PRIOR ACTION: EXHIBITS: RECCOMENDATION: This item was recommended for approval by the City s Economic Development Commission on November 15, Contract for the sale of commercial real estate 2. Business Park Map 3. Preliminary site Plan 4. Listing of Permitted and Conditional uses in the Industrial 3 zone 5. MMA request for opinion on subdivision Response from MMA on subdivision Staff recommends approval. SUGGESTED MOTION: Be it ordered that the City Council authorize the City Administrator to sign the contract for the sale of commercial real estate for lot #3 in the Mill Brook Business Park with Baha, LLC. I move to approve the Order. 16

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26 William Mann From: Sent: To: Cc: Subject: Attachments: Bob Hamblen Thursday, December 14, :09 AM 'Legal Services Department' William Mann Subdivision Question 10 MILL BROOK BUSINESS CENTER Sketch Plan pdf AGENDA ITEM: B Exhibit Item: 5 Greetings, I m having a brain freeze down here in sunny Saco, so I ll ask the question that will thaw me out: Existing commercial/light industrial subdivision owned by City, 10 lots. A buyer of a lot proposes to erect 3 buildings on the lot, then divide the buildings up into 2,000 s.f. spaces, for lease or for sale, as shown on attached plan. Upon the sale of all units within the buildings, the project would exist as a commercial condominium. The City has not expanded its definition of subdivision to include the division of structures for commercial or industrial use. Typically such a project would be subject to site plan review. I don t think it must also be subject to subdivision review. What do you think? Thanks. Thanks. Bob Hamblen City Planner City of Saco 300 Main St. Saco ME bhamblen@sacomaine.org 1 26

27 AGENDA ITEM: B Exhibit Item: 6 Per Conversation with MMA Attorney: Dear Bob, My mistake. I saw the term condominium and assumed the building project was intended to turn a former industrial area into condo units for residential purposes. In that case, you are right since the development is for commercial use it would NOT be subject to subdivision review. Just to let you know, the provision in the subdivision law that allowed municipalities to expand their definition of subdivision to commercial and industrial use (30-A MRSA 4401(4)(H)(1)) has been repealed. Last session the legislature replaced it with the following: H-2. This subchapter may not be construed to prevent a municipality from enacting an ordinance under its home rule authority that otherwise regulates land use activities. A municipality may not enact an ordinance that expands the definition of "subdivision" except as provided in this subchapter. A municipality that has a definition of "subdivision" that conflicts with the requirements of this subsection at the time this paragraph takes effect shall comply with this subsection no later than January 1, Such a municipality must file its conflicting definition at the county registry of deeds by June 30, 2018 for the definition to remain valid for the grace period ending January 1, A filing required under this paragraph must be collected and indexed in a separate book in the registry of deeds for the county in which the municipality is located. It doesn t sound like this applies to Saco, but thought I would make you aware all the same. Apologies again for the difficulties in our correspondence, and I hope this answers your question. Best, Rebecca Rebecca McMahon, Staff Attorney Legal Services Department 1 27

28 MEETING ITEM COMMENTARY AGENDA ITEM: C AGENDA ITEM: STAFF RESOURCE: COUNCIL RESOURCE: (First Reading): Contract Zone Amendment and Extension -184 Simpson Road Bob Hamblen, City Planner Councilor Marshall Archer BACKGROUND: Applicant The Ecology School requests consideration of an extension to the contract zone approval granted on Feb. 1, 2016 that would allow an ecology education school to be established at 184 Simpson Road. The contract zone agreement as approved would expire two years after approval if site plan review has not yet been granted by the Planning Board. Since the 2016 approval, the applicant has laid some groundwork for pursuing the contract zone: the property, known as River Bend Farm while owned by members of the Merrill family, is subject to a conservation easement, which was recently transferred from the Saco Valley Land Trust to the Maine Farmland Trust. And, the applicant closed on the purchase of the property on Nov. 21, Their next step after seeking the approval extension is to submit the site plan application for Planning Board review. Details addressed in the contract zone agreement include the fact that 95 acres of the 105 acre parcel are subject to a conservation easement; the school would serve up to 120 weekly participants and approximately 10 seasonal staff; the school could include two dormitory buildings, each up to 9,000 s.f. of total floor area, up to three stories in height but not to exceed the existing 35 foot height limitation, and a dining hall/kitchen/classroom building of approximately 7,000 s.f. Existing buildings would be used for office, classroom, and meeting space. EXHIBITS: RECOMMENDATION: 1. Cover Letter from The Ecology School 2. Contract Zone between City of Saco and The Ecology School, 2/1/16, with 2017 amendment 3. Zoning Map excerpt and tax map excerpt, 184 Simpson Road 4. Vision for River Bend Farm Flyer Staff supports an amendment and extension of the CZA approval as requested by the applicant. As with all approved contract zones, the project will be subject to site plan review with the Planning Board. SUGGESTED MOTION: The City Council hereby approves the first reading of the amended contract zone document entitled Contract Zone Agreement By and Between The Ecology School and the City of Saco dated January 19, 2016, that it be amended to allow the Applicant two 1-year extensions from the expiration date of Feb. 1, 2018 to receive site plan approval from the Planning Board, to approve the requested one-year extension to Feb. 1, 2019, and further move to set the Public Hearing for January 16 th,

29 AGENDA ITEM: C Exhibit Item: 1 December 7, 2017 Dear Mayor Lovell and the Saco City Council, I thank you all for your careful consideration of The Ecology School s two year contract zone extension request for the River Bend Farm property at 184 Simpson Road. The Ecology School went under contract to purchase the property in September 2015 and while the initial contract zone was approved by the Saco City Council on February 1, 2016, the proposed purchase was delayed by an intervening lawsuit (concerning the conservation easement held by Saco Valley Land Trust on 96 of the 105 acres of the property) which made moving forward with the site plan essentially impossible and cost prohibitive. Once the easement interpretation was resolved via litigation and negotiation, the easement was transferred to the Maine Farmland Trust and The Ecology School closed on the property on November 21, This now allows TES to move ahead with the comprehensive site planning required by the Saco Planning Board. If any additional questions or concerns arise before the Saco City Council meeting to consider this request, The Ecology Schools stands ready to answer any questions or concerns. We look forward to ensuring that a contract zone extension serves the needs of the City of Saco, its residents, the Saco Schools and The Ecology School. Sincerely yours, Drew Dumsch Executive Director 29

30 Contract Zone Agreement between The Ecology School and the City of Saco February 1, 2016 Proposed Amendment, December 18, 2017 AGENDA ITEM: C Exhibit Item: 2 THE CITY OF SACO HEREBY ORDAINS: I. Definitions: A. The Ecology School i. A 501c3 educational nonprofit organization incorporated in December 1998 in Saco, Maine. The mission of the school is to foster stewardship for the earth by reimagining education through the science of ecology and the practice of sustainability. The school s programs bring a rigorous, fieldbased ecology education curriculum to students, teachers and other program participants through residential programs, multi-year and day program field trips, teacher workshops and vacation programs for kids. The Schools programs provide a hands-on outdoor learning experience and the curriculum serves a growing need to provide authentic science and sustainability experiences to students in natural surroundings including varied ecosystems and farmland. B. The City of Saco i. The Inhabitants of the City of Saco, within the corporate limits as now established or as hereafter established in the manner provided by law, shall continue to be a municipal corporation by the name of the "City of Saco." as initially incorporated in the State of Maine and County of York on February 18, C. Saco Valley Land Trust Maine Farmland Trust i. A 501c(3) nonprofit, chartered to hold conservation easements and own land, as well as to promote the concepts of value of preservation of open spaces to wildlife, water quality and quality of place for southern Maine residents. II. That the Zoning Ordinance of the City of Saco, dated January 2, 1985, and as amended, is hereby further amended by adopting this contract by and between the City of Saco and The Ecology School. A. The Ecology School (the Applicant or School ) submitted an application for a contract zone to operate an ecology education school on an approximately 105 acre parcel of land located at 184 Simpson Road, City Tax Map 121, Lot 6 and more particularly depicted on a survey attached as Exhibit A entitled Standard Boundary Survey for Mary Merrill of the River Bend Farm Parcel (the Property ). B. The Property is owned by Ecology Education, Inc., a Maine non-profit corporation with a mailing address of 8 Morris Avenue, Saco, Maine as reflected in a deed recorded in Book Page 484 at the York County Registry of Deeds. Thomas W. Merrill and Mary R. Merrill as reflected in a deed recorded in Book 16175, Page 690 at the York County Registry of Deeds, and is subject to a contract for the sale 30

31 of real estate to the Applicant (Attached as Exhibit B). AGENDA ITEM: C Exhibit Item: 2 C. The Property is subject to a Conservation Easement held by the Saco Valley Land Trust as reflected in the Conservation Easement recorded in Book 8640, Page 232 at the York County Registry of Deeds (Attached as Exhibit C). The Property is subject to a Conservation Easement held by the Maine Farmland Trust as reflected in the Amended and Restated Grant of Conservation Easement recorded in Book 17609, Page 452 at the York County Registry of Deeds (Attached as Exhibit C). D. The Applicant proposes to establish a new campus on the Property for their ecology education program for children, currently located on Ferry Beach in Saco. The School leads on-campus overnight and day programs, teaches outreach programs at schools, runs camps and publishes curriculum and field guides so that students can better understand and care for the environment. E. Approximately 95 acres of the Property will be maintained under the current Saco Valley Land Maine Farmland Trust conservation easement for farming, education, research and recreation purposes only. The remaining approximately 8.75+/- acres of the property not under a conservation easement will serve as a green campus that can accommodate up to 120 weekly program participants and approximately 10 seasonal staff (educators & other staff) for residential education programs primarily in the spring & fall (weekdays & weekends) and summer (conferences, workshops & camps). F. The number of buildings to be permitted hereunder will be based on the lowest ecological footprint possible (including parking) but may include two dormitories of approximately 9,000 square feet each (3 stories in height) and one dining hall/kitchen/classroom space of approximately 7,000 square feet and will be built within the area of the property where new structures are permitted by the Conservation Easement. G. The current 1794 farm house and other existing farm buildings will be maintained and would be used for farming & education purposes, office & meeting space and housing. H. The property is currently located in the C-1 Conservation District under the Saco Zoning Ordinance (hereafter the Zoning Ordinance ). The C-1 District does not presently allow, either as a permitted or a conditional use, public or private schools, but the proposed use of the property is consistent with the other permitted uses in the C-1 zone and with the Comprehensive Plan, as more fully described in Section V(B) and (C) below. I. In order for the School to operate on the Property and to construct the necessary student dormitories and other administrative buildings that are essential to the School, certain amendments to the Zoning Ordinance are required. J. As stated in Section of the Zoning Ordinance, "Occasionally, competing and incompatible land uses conflict; and traditional zoning methods and procedures such as variances, conditional use permits, and alterations to the zone boundaries are inadequate to promote desirable growth. In these special situations, more flexible and adaptable zoning methods are needed to permit differing land uses in both 31

32 AGENDA ITEM: C developed and undeveloped areas, and at the same time recognize the effects of change." Exhibit Item: 2 K. Recognizing the use restrictions imposed by the Zoning Ordinance, the Applicant hereby makes application for a Contract Zone that would allow the proposed ecology school use as described above to be established and to operate on the Subject Property. L. This contract and its provisions shall specifically and exclusively apply to the Contract Zone request submitted by the Applicant. Accordingly, this contract and the contract zone it creates shall not be transferable without approval of the City Council. M. Delivery of services/supplies shall occur between the hours of 8AM and 8PM. N. The Applicant shall not permit, authorize or allow parking on Simpson Road nor on the property of neighbors. O. To the extent that the Applicant retains any perimeter fencing, said fencing shall be either maintained or removed. P. The Ecology School, as part of its curriculum and educational programming, shall commit to supporting the Saco School system, in perpetuity, with at least 66% of all yearly program tuition for school year academic programs that are provided upon mutual agreement between the Saco Schools and The Ecology School. If the Ecology School program is unable to provide support at the 66% level, the value of the overall program is below $40,000, or the Saco School system is no longer able to participate, the Ecology School will make an annual contribution of $20,000 to the City of Saco. Q. A majority (51% or more) of all construction work to be done as part of the Applicant s final and approved development will be done by Maine contractors and tradesmen. R. The applicant shall submit evidence of financial capacity and technical ability as part of its site plan review application. III. This Contract Zone Agreement amends the Saco Zoning Ordinance as follows: This Contract Zone, specifically and exclusively for the Property as identified above, would allow the Applicant to establish an ecology school use in and associated with the Property, as provided for in Article 14 of the Saco Zoning Ordinance: A. Permitted Uses. Notwithstanding Section of the Zoning Ordinance, as it may be amended from time to time, and in addition to the permitted and conditional uses in the C-1 District, an ecology school with residential programs, field trips, and outreach programs to schools, workshops, curriculum design, camps and events is a permitted use on the Property. B. New Structures. Notwithstanding the requirements in Table of the Zoning Ordinance, the Property shall contain no more than two dormitories of up to nine thousand (9,000) square feet of Floor Area and no 32

33 AGENDA ITEM: C more than a 4,500 square foot Footprint each and height no more than thirty-five (35) feet from the highest Exhibit Item: 2 point of the property and up to three stories in size which will be used to house up to 120 students. Also, a building of up to seven-thousand square feet of Floor Area and no more than a 7,000 square foot Footprint which will be used as a dining hall, kitchen, and classroom. Also, accessory buildings as may be needed to support the School s mission, subject to site plan review by the Planning Board. These new structures will be built within the approximately 8.75 acre parcel designated at the Residential/Farm Area as permitted by the conservation easement, and shall meet all other applicable requirements found in Table of the Zoning Ordinance. C. Existing Agricultural Buildings. Notwithstanding Section 726 of the Zoning Ordinance, the existing agricultural buildings will be reused for residential and nonresidential purposes to support the School s mission, including for farming, education, office, meeting space and housing purposes. The existing farm structures shall be preserved and maintained as part of the School going forward. IV. This Contract Zone Agreement is subject to the following conditions and restrictions, as provided for in Section of the Saco Zoning Ordinance: A. Except as set forth above regarding the development and use of the Property, the Applicant shall adhere to all other applicable provisions of the underlying C-1 Zoning District and of the Zoning Ordinance. B. The City and Applicant recognize that the boundary plan submitted for contract zone review is representative of the existing site layout, but is subject to change as a result of site plan review conducted by the Planning Board for proposed future structures including dormitories and administrative and classroom buildings. If it is determined by the City that any change in use required by the Planning Board constitutes a significant change in undertakings described in this contract zone, then the Applicant shall also be required to obtain subsequent and additional City Council approval of the change. C. Upon approval of this contract by the City Council, the Applicant shall submit materials required for site plan review to the Planning Office. Failure of the Applicant to secure site plan approval within two years of the approval of this Contract by the Saco City Council shall render this Contract null and void. In the event the Applicant is not able to meet this requirement due to unforeseen events, but continues to make documented progress toward establishing an ecology education school as contemplated by this Agreement, then the Council may approve a one year extension of this Agreement, if requested in writing prior to the original two year expiration date. A second one year extension may also be requested in a like manner and granted, with the approval of the City Council. D. The above stated restrictions, provisions and conditions are an essential part of this Agreement and shall run with the Property, shall bind the Applicant, their successors and assigns of the Property or any part thereof, and any party in possession or occupancy of the Property or any part thereof, and shall insure to the benefit of and be enforceable by the City, by and through its duly authorized representatives. This Agreement may not be amended except by mutual written agreement of the parties. E. Breach of these conditions and restrictions by the Applicant shall constitute a breach of the contract, and the Applicant shall be required to apply for a contract modification. Failure to apply for or to obtain a 33

34 AGENDA ITEM: C modification shall constitute a zoning violation, subject to enforcement action pursuant to 30-A Exhibit Item: 2 M.R.S.A as it may be amended from time to time. F. In the event any provision of this Agreement is found to be invalid or unenforceable, such finding shall not affect the validity and enforceability of the remaining provisions of this Agreement. The failure of either party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement shall not waive such rights and such party shall have the right to enforce such rights at any time and take such action as may be lawful and authorized under this Agreement, either in law or in equity. This Agreement and the performance thereof shall be governed, interpreted, construed and regulated by the laws of the State of Maine except any conflict of laws or provisions applying laws of any other jurisdiction. V. Pursuant to authority found in 30-A M.R.S.A. Section 4352(8), and Section 1403 of the Zoning Ordinance, and by vote of the Saco Planning Board on November 10, 2015, and the Saco City Council on February 1, 2016, and amended by the City Council on, 2018, the following findings are hereby adopted: A. The Property identified on City Tax Map 121, Lot 6 is a parcel of an unusual nature and location for the following reasons: 1. In comparison to other land parcels in the coastal York County area, the River Bend Farm property is an unusually large and ecologically diverse 105 acre farm with a mix of woods, fields, ponds and intervals. In addition, the parcel has almost a half-mile of frontage along the Saco River. 2. River Bend Farm is also unique and unusual in that approximately 96 acres of the property are subject to a conservation easement held by the Saco Valley Maine Farmland Land Trust. This land is also partially located in the Resource Protection Zone of the Saco River Corridor, which contains numerous and additional restrictions on the use and development of the land. 3. The City is of the opinion that non-commercial, architecturally appropriate development is allowed under the conservation easement on the approximate 8.75 acres of the property. In addition, River Bend Farm in its entirety is ideally suited for educational, outdoor ecology and agricultural activities for children and provides a singularly unique location to engage both children and adults with conservation, farming and sustainability. 4. The property contains historic farm buildings including a 1794 farmhouse and 1840 s barn which The Ecology School will preserve and maintain for all times hereafter. The parcel also abuts the historic Stackpole Bridge, and thus provides additional educational opportunities for program participants. 5. The unique combination of conserved and limited-development land along with historic farm buildings on a large and beautiful parcel with accessible river frontage, makes the property 34

35 AGENDA ITEM: C unique not only in Saco but in the whole of Southern Maine, and well suited as a location for a Exhibit Item: 2 School committed to stewardship and educational programming regarding our environment. B. The proposed rezoning is consistent with the Saco Comprehensive Plan, based on the following goals: Chapter 5, Community Goals and Policies B. The Local Economy Local Goals: To strengthen Saco s role as a service center for the region, including the industrial, commercial, office, health and medical, tourism and hospitality, education and retail. Chapter 6, Land Use Goals and Policies Farm and Forest Land 31. The City s policy should be to work to retain the City s farm and forest land in natural resource use while allowing the owners of this land to have reasonable use of this property The City should work proactively and in cooperation with the owners of farm and forest land to keep this land in production where possible. As part of this effort, the City should actively encourage the owners of this land to make use of the Farm and Open Space and Tree Growth Tax programs. In addition, the City should develop and help fund a program to voluntarily acquire conservation easements/leases on farmland in which the property owner agrees not to develop or subdivide the property during the term of the agreement in return for an annual payment tied to the property taxes paid on the property. 33. Within areas designated as Rural Conservation Areas, the City s land use regulations should allow for the continued operation of traditional agricultural and forestry uses. Rural Conservation Area (RC) Vision: The Rural Conservation Area continues to be a primarily rural landscape with agricultural and other natural resource activities. Limited very low density residential development occurs over time in a manner that preserves both the rural character of this area and large blocks of unfragmented wildlife habitat. Large scale residential developments do not occur in this area. Allowed Uses: Uses in the Rural Conservation Area are limited to agricultural and forestry activities, other natural resource related uses, and single and two family homes 35

36 AGENDA ITEM: C including manufactured housing units on individual lots. Limited community and Exhibit Item: 2 commercial activities that are compatible with a rural environment are also allowed. The following types of uses are generally appropriate in this area as a permitted or conditional use: agriculture and agriculturally related businesses forestry and natural resource uses including extractive industries outdoor recreational uses including campgrounds and golf courses adult and child care facilities bed and breakfasts medical services single and two family dwellings including manufactured housing units on individual lots small clustered residential developments that preserve habitat blocks (See Development Standards) community facilities such as places of worship, cemeteries, and municipal facilities. C. The proposed use is consistent with the existing uses and permitted uses within the original zone. The original (existing) zone is the C-1 Conservation District, designated for areas which are predominantly agricultural in character. Allowed uses in the C-1 include agriculture, public parks and playgrounds, clustered residential projects, places of worship, adult day care centers, agriculturally related business uses, the reuse of existing agricultural buildings, outdoor commercial recreational facilities involving limited structural development, golf courses, campgrounds, nursery schools, day care centers, hospitals and clinics for humans, among other uses. The proposed use is consistent with the character and intensity of these and other uses. D. The conditions proposed are sufficient to meet the intent of Section Contract Zoning, of the Saco Zoning Ordinance. VI. Based on the above findings, conditions and restrictions, the City Council hereby incorporates this Contract Zoning agreement into the Saco Zoning Ordinance by reference. By signing this contract, all parties agree to abide by the conditions and restrictions contained herein. Adopted by the Saco City Council on, WITNESS: CITY OF SACO By: name of witness Kevin L. Sutherland City Administrator WITNESS: THE ECOLOGY SCHOOL By: name of witness Andrew J. Dumsch Executive Director 36

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39 The Ecology School at River Bend Farm A Vision for Agriculture & Conservation Education Community Vision Statement: The Ecology School s new center at the River Bend Farm on the Saco River in Saco, Maine will be a leading model of how to link human and natural systems through direct residential immersion programs that lead to the conservation and stewardship of beautiful natural areas through hands-on agricultural and field ecology activities. River Bend Farm programs and projects will provide 1) disadvantaged youth inspirational nature & field science experiences, 2) adult training in systems thinking & agroecology and 3) local, state and regional communities a protected, beautiful rural destination to engage children & adults with conservation, farming, sustainability and climate resiliency. River Bend will serve locally as an outdoor classroom for the Saco, Biddeford and Bonny Eagle school districts. Introduction to The Ecology School The mission of The Ecology School, a 501c3 nonprofit educational organization, is to foster stewardship for the Earth and reimagine education by educating youth and adults in the science of ecology and the practice of sustainability and resilient agriculture. Since 1999, the Ecology School has worked with over 180,000 program participants and now averages 12,000 program participants annually through residential programs, field trips, and outreach programs to schools, workshops, curriculum design, camps and events. The Ecology School currently rents the Ferry Beach Park Association campus in Saco, Maine (12 weeks in the spring and 10 weeks in the fall), offering residential environmental education programs for students, classroom teachers and parent chaperones (primarily upper-elementary and middle school participants). The Ecology School provides EcosySTEM multi-year programming (academically rigorous, adult supervised and field science focused) to students K -8 th grade to students in Saco, Biddeford, Maine and beyond. The Ecology School collaborates with schools and community organizations to deliver innovative experiential conservation and sustainability curriculum to students. Our teaching model focuses on systems-based thinking and its role in shaping children and long-term community health and resiliency. The Ecology School practices sustainability as applied ecology through permaculture, agroecology and green building. We currently partner with over 70 schools in our residential and multi-year programs. The Ecology School offers over $250,000 in scholarships to schools annually, which allows students (grades K-12) from diverse communities to participate in our innovative curriculum. Our economic model keeps our organization successfully in the black with an average of 80% in program/tuition revenue and 20% in contributed funding revenue annually via grants, events, business and individual donations. The Ecology School s Learning Center for Agriculture & Conservation AGENDA ITEM: C Exhibit Item: 4 The Ecology School purchased the 105 acre River Bend Farm property on November 21, 2017 (CEI financing). The 8.75 acres of the property not under conservation easement will serve as a green campus that can accommodate up to 120 weekly program students and ~10 seasonal staff (educators & other staff) for residential programs primarily in the spring & fall (weekdays & weekends) and summer (conferences, workshops & camps). The remaining acres is conserved for farming, education and scientific research purposes. The number of buildings/configurations/placement will be based on the lowest ecological footprint possible (including parking) and, per City of Saco contract zone, include 2 dormitories ~9,000 sf & ~4,500 sf, 2 stories each) and one dining hall/kitchen/classroom ~7,000 square feet. The current 1794 farm house, 1840 s barn and other buildings would be preserved for offices, meeting space and staff housing. Design and construction will follow the principles of the Living Building Challenge & Living Community Challenge: which is currently the most rigorous green building certification in the United States. Working with Kaplan Thompson Architects Briburn Scott Simons and Richardson & Associates Landscape Architects to create a net zero energy & water residential environmental learning center. The Ecology School will partner with the Maine Farmland Trust (holder of the River Bend Farm conservation easement) on conservation and education projects and to establish River Bend Farm baseline data for site biodiversity and soils, with both seasonal and annual site analysis and data collection (in partnership with the University of New England) to ensure the property and the campus is fully regenerative and continually provides net conservation gain. The Ecology School commits to partnerships and collaboration to fund this work. 39

40 AGENDA ITEM: C Agriculture and Education Projects & Activities at River Bend Date: Farm: January 2, 2018 Exhibit Item: 4 On-Contour Silvo-pasture & Water Management - Minor earthworks and swales to slow and spread runoff and fertility in perpetuity and protect the water quality of the Saco River - On contour planting of tree and shrub crops suited for production years into the future - Integrated rotational grazing of small numbers of ruminants and poultry for production, fertility and pest control in alleyways between on-contour plantings and seasonal haying - Catching rain water off of all new and existing buildings for non-potable uses - Holding water in perennial plants and ever-increasing organic matter in the soil Holistic Woodlot Management - Data collection and site management plan focused at long term production and sustainability - Integration of farm and woodlot - Selective cutting focused on improving forest health and vigor - Utilizing ramial (small stem) chips for farm soil improvement - Non-timber forest crop evaluation and production (potentially including apple & other fruit tree orchards, mushroom cultivation, forest pork, maple syrup, etc.) Food Production Farming & 4 Season Growing - Traditional agriculture & permaculture focus on improving and preserving soil quality thru raised beds - Utilizing organic methods and plot rotation with cover crops and animal grazing (~10 acres) for long term sustainability, soil building and production - Yielding an abundance of vegetables and other foods suited to growing in this region of Maine (including sustainable greenhouse growing throughout the winter) - Certain Garden & Farm beds designed for hands-on educational experience and learning Forest Gardening and Perennial-Based Food Production & Harvesting - Creating an edible food ecosystem modeled after a natural forest ecosystem - Providing opportunity for long term study & research (possible LTER site and USDA funding) - Demonstrate innovative techniques for creating an abundant, ecologically regenerative food ecosystem using ecology as a guide Historical & Future Gardens, Orchard & Farm Plots - Creating demonstration timeline plots modeling colonial to present & present to future farming practices - Bridging & Blending the Agriculture Past to the Agroecology Future - Using Best Practices and modelling Next Practices in Maine agriculture Additional Agroecology & Education Projects at Riverbend Farm - Climate Change Resiliency training for agriculture and local & state communities - Ecological Footprinting - Transition Hub: Connecting Agriculture & Conservation to Community Engagement - Use it or Lose it methods for water & soil conservation - Xeriscaping & Yardscaping demonstrations draft Morris Ave, Building One ~ Saco, Maine ~ ph: (207) ~ 40

41 AGENDA ITEM: D MEETING ITEM COMMENTARY AGENDA ITEM: STAFF RESOURCE: COUNCIL RESOURCE: BACKGROUND: Acceptance of Joanna Drive, Morrill Estates Subdivision Bob Hamblen, City Planner Councilor Roger Gay At the request of developer Dearborn Family, LLC, the City Council is asked to accept Joanna Drive, found in the Morrill Estates subdivision, off McKenney Road, as a public way. The project was approved by the Planning Board on August 18, 2015: a nine lot subdivision at the corner of McKenney and Grant roads. The street is approximately 725 feet in length. Also considered for acceptance are a stormwater detention pond and a 10,000 gallon fire cistern. Six of the lots have been developed or are in the process of being completed. Record drawings have been reviewed by the City Engineer. The City Attorney has reviewed the metes and bounds calls, found them acceptable, and drafted the attached warranty deed and easements document. The Planning Board considered this request at its November 7th meeting, and recommends acceptance. EXHIBITS: RECOMMENDATION: 1. Warranty Deed 2. Suggested Easement Descriptions 3. Plan of Morrill Estates subdivision 4. DPW Punchlist, 10/26/17 5. Memo on Completion of Joanna Drive, 12/19/17 6. Stormwater Management Inspection Staff recommends that the Council vote to accept Joanna Drive and associated rights of way, and drainage, utility and maintenance infrastructure and easements as offered by Dearborn Family, LLC. SUGGESTED MOTIONS: move pursuant to 23 MRSA Section 3025, to accept the dedication made by Dearborn Family, LLC of title in fee simple of the Joanna Drive right of way, a parcel of land bounded and described and titled in a Warranty Deed dated November 7, 2017, and associated infrastructure described in a document titled Suggested Easement Descriptions to City of Saco, Morrill Estates Subdivision, McKenney Road, Saco, Maine, dated November 7,

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49 AGENDA ITEM: D Exhibit Item: 2 SUGGESTED EASEMENT DESCRIPTIONS TO CITY OF SACO MORRILL ESTATES SUBDIVISION McKENNEY ROAD SACO, MAINE November 7, 2017 Dearborn Family LLC conveys unto the City of Saco and it s assigns a certain drainage easement to construct, use, maintain and repair drainage structures and piping together with a right on entry on foot or in vehicles with all the equipment necessary or reasonably required to accomplish the puposes of this easement over, on, across and under a certain parcel of land located on the westerly sideline of Joanna Drive, so-called, in the City of Saco, County of York and State of Maine and shown on the plan titled Final Plan, Morrill Estates Subdivision, McKenney Road, Saco, Maine for Dearborn Family LLC, dated February 2015 as revised through 7/30/15, by Berry Huff McDonald Milligan, Inc. and recorded in the York County Registry of Deeds in Plan Book 378, Page 36, said drainage easement being more particularly described as follows: Beginning at a capped iron rod to be set (PLS #2190) on the westerly sideline of said Joanna Drive at the southeasterly corner of Lot #4 and the northeasterly corner of Lot #5 as shown on aforesaid plan; thence S 12º W along the westerly sideline of said Joanna Drive a distance of feet to a point; thence N 76º W across said Lot #5 a distance of feet to a point; thence S 12º W across said Lot #5 a distance of feet to a point and land now or formerly of Colleen & Keith LeHigh: thence N 53º W along the land of said LeHigh a distance of feet to a 5/8 iron rod found; thence S 35º W along the land of said LeHigh and along land now or formerly of Cynthia and Stephen Folland a distance of feet to a capped iron rod found (PLS #1155) and land now or formerly of the City of Saco; thence N 55º W along the land of the City of Saco a distance of feet to a capped iron rod found (PLS #1155) and land now or formerly of Dana & Helen Weeman; thence N 35º E along the land of said Weeman a distance of feet to a point; thence S 67º E across Lot #1, Lot #2 and Lot #3 a distance of feet to a point; 1 49

50 AGENDA ITEM: D Exhibit Item: 2 thence S 12º W across Lot #3 and Lot #4 a distance of feet to a point on the sideline between Lot #4 and Lot #5; thence S 76º E along said Lot #5 a distance of feet to the point of beginning. The above described drainage easement encompasses 403,951 s.f. (9.27 acres). All bearings refer to grid north. Also, conveying to the City of Saco a certain 30 x 50 fire tank easement to install, use, maintain and repair a fire tank and fixtures together with a right of entry on foot or in vehicles with all the equipment necessary or reasonably required to accomplish the purposes of this easement over, on, across and under a certain portion of Lot #3 as shown on the aforesaid plan for a more particular description. Also, conveying to the City of Saco two 10 foot wide drainage easements located along the westerly and easterly side said Joanna Drive to construct, use, maintain and repair drainage structures and piping together with a right of entry on foot or in vehicles with all the equipment necessary or reasonably required to accomplish the purposes of this easement over, on, across and under a certain portion of Lot #3, Lot #4, Lot #7 and Lot #8 and shown on the aforesaid plan for a more particular description. Also, conveying to the City of Saco a certain 30 foot wide drainage easement located on the southerly portion of Lot #7 to construct, use, maintain and repair drainage structures and piping together with a right of entry on foot or in vehicles with all the equipment necessary or reasonably required to accomplish the proposes of this easement over, on, across and under a certain portion of Lot #7 and shown on the aforesaid plan for a more particular description. Also, conveying to the City of Saco a certain 25 foot wide access easement across the easterly portion of Lot #9 for ingress and egress with a right to construct, use, maintain and repair a gravel access road over, on, across and under a certain portion of Lot #9 as shown on the aforesaid plan for a more particular description. Also, conveying to the City of Saco a certain 50 foot wide drainage easement located along the southerly portions of Lot #8 and Lot #9 to construct, use, maintain and repair drainage structures and piping together with all the equipment necessary or reasonably required to accomplish the purposes of this easement over, on, across and under a certain portion of Lot #8 and Lot #9 as shown on aforesaid plan for a more particular description. Also, conveying to the City of Saco a certain drainage easement located in the northeasterly corner of Lot #7 to construct, use, maintain and repair drainage structures and piping together with a right of entry on foot or in vehicles with all the equipment necessary or reasonably required to accomplish the purposes of this easement over, on, across and under a certain portion of Lot #7 and being more particularly described as follows: 2 50

51 AGENDA ITEM: D Exhibit Item: 2 Beginning at a capped iron rod to be set (PLS #2190) on the westerly sideline of land now or formerly of Vernard Marston, Jr. and June Marston at the southeasterly corner of Lot #9 and the northeasterly corner of said Lot #7; thence S 34º W along the land of said Marston a distance of feet to a ½ iron pipe found; thence S 35º W along the land of said Marston a distance of feet to a point; thence N 55º W across said Lot #7 a distance of feet to a point; thence N 07º W across said Lot #7 a distance of feet to a capped iron rod to be set (PLS #2190) and said Lot #9; thence S 55º E along said Lot #9 a distance of feet to the point of beginning. The above described drainage easement encompasses 21,371 s.f.. SEDtoSacoMorrillEst 3 51

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55 CITY OF SACO, MAINE Saco Public Works Department 300 Main Street Saco, Maine AGENDA ITEM: D Exhibit Item: 4 Joseph A. Laverriere, P.E. City Engineer Telephone: (207) jlaverriere@sacomaine.org TO: DATE: RE: MEMORANDUM Robert Hamblen, Planner September 1, 2017 Updated October 26, 2017 Morrill Estates Subdivision Preliminary Punch List As requested, the Department of Public Works (DPW) completed a site inspection for the Morrill Estates Subdivision for the purposes of updating the status of completion of the September 1 st preliminary punch list for the project prior to consideration for final acceptance. The following is a list of remedial work items identified in the September 1 st preliminary punch list with October 26 th updates provided in red text: 1. The driveway to lot 6 (#14 Joanna Drive) was not constructed in accordance with the location shown on the subdivision plans nor approved by DPW (see note 222 on the subdivision plan and conditionn 19 of the subdivision approval). DPW is requesting that the roadway pavement surface extend a minimum of 10 beyond the edge of the driveway. At this point, the applicant has two options: A. Relocate driveway, or B. Extend roadway Prior to placement of final surface pavement, the applicant selected option B above to address this issue. The work completed in the field is acceptable; however, the final as-built plans should reflect this condition. 2. Remove debris at terminus end of roadway. Grade, loam and seed. This item has been completed. 3. Relocate mailbox to lot 6 (#14) to a point 12 behind edge of pavement. This item has been completed. 4. Perform general cleanup of site to remove miscellaneous trash and debris. This item has been completed. 5. Loam, seed and stabilize inlet ditch to twin culverts at Sta4+00. This item has not yet been done. 6. Paint cistern tank suction line red. Saco Fire Department should be contacted to review any additional comments or concerns they may have on the cistern tank installation. This item has been completed. 7. Mow stormwater basin area (slopes, berm, etc.) as well as all shoulder embankments, swales, etc. This item has been completed. 8. The stormwater pond berm needs additional fill (9 to 12 ) around the outlet control structure and drain line valve box to match the top of these structures. The affected areaa needs to be reloamed and seeded. This item has been completed. 9. Surface pavement is required on the roadway surface. A pre-paving meeting shalll be held onsite at least 7-days prior to the scheduled date of surface paving to review the following measures that are required to be completed (These items have been completed): Grind full depth (1 ) butt joint at limits of surface pavement along McKenney Road. I:\Planning Board Docs\Morrill Estates\ Updated Punch List..docx Page 1 of 2 55

56 AGENDA ITEM: D Exhibit Item: 4 Grind across all driveways to allow for placement of surface pavement course. The extent of grinding shall be reviewed in the field for each driveway location. Existing binder surface shall be swept clean. An inspection of the prepared binder pavement surface shall be performed by Saco DPW. After City review and acceptance of prepared binder pavement surface, bituminous tack coat shall be applied to binder surface prior to placement of surface pavement. 10. Place additional gravel as required along the roadway shoulder areas. The completed gravel shoulder shall be flush with the top of finish pavement surface. This item has not yet been done. 11. Prior to final acceptance, all temporary erosion control measures will need to be removed. This item has been completed. 12. As-built plans will need to be submitted for the project prior to final acceptance. This should also include certification from design engineer that stormwater pond has been constructed in accordance with the approved plans. This item has not yet been completed. 13. New item Place additional loam and seed around transformer at the corner of lot 8 to fill depressional area around transformer base. 14. New item Remove all remaining grade stakes throughout the right-of-way and easement areas that will be conveyed to the City. 15. New item Once the acceptance process is complete, the real estate advertisement sign at the site entrance will need to be removed from the right-of-way area. We look forward to discussing this project further, and would be happy to clarify any of our comments made within this review memo. I:\Planning Board Docs\Morrill Estates\ Updated Punch List.docx Page 2 of 2 56

57 CITY OF SACO, MAINE Memorandum AGENDA ITEM: D Exhibit Item: 5 Planning Robert Hamblen, City Planner Saco City Hall Telephone: (207) Main Street BHamblen@sacomaine.org Saco, Maine Facebook: /sacomaine To: City Administrator Kevin L. Sutherland From: City Planner Bob Hamblen Re: Completion of Joanna Drive, Morrill Estates Subdivision Date: Dec. 19, 2017 This is to confirm that all outstanding issues involving the proposed City street, Joanna Drive, have been completed to the satisfaction of the Department of Public Works. A few items had not been completed as of the 10/26/17 punch list compiled by the City Engineer, including completion of an inlet ditch, gravel being installed along paved shoulders, and certification of the pond design (the latter is attached). As of today, all items have been completed on the 10/26/17 punch list. Joe Laverriere, City Engineer, 12/19/17. As-built drawings have been submitted and found to be acceptable. The City Attorney has found the submitted documents, including the legal description, the release deed, and easements, and found each to be acceptable. Staff would be pleased if all future street acceptance requests were to proceed as smoothly and in as timely a manner as this one kudos to Dearborn Brothers. Thanks. Q:\0001-Legislative-City Council\Meeting and Workshop\2018\ \Johanna Drive\Memo Joanna Drive Completion docx 57

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