A G E N D A

A G E N D A
MEETING – CITY COUNCIL
THIRD FLOOR ANNEX CHAMBERS
TUESDAY, April 19, 2016
6:00 PM
Pledge of Allegiance
Moment of Silence
Roll Call
Minutes
Regular Meeting: April 5, 2016
Mayor’s Report/City Council Sub-Committee Reports
City Manager’s Report
Communications/Presentations
Dave Perron, Executive Director – Big Brothers Big Sisters
Thea Murphy –“Stepping Out for Seniors Walk”
Public Participation
Public Hearings
The City Council will take public comment on the following:
1.
A public hearing for the application of a liquor license renewal for Smitty’s
Cinema – Sanford, 1364 Main Street, Sanford, Maine.
Consent Agenda
16-45.01
Ordered, to approve the following license request:
1. An application liquor license renewal for Smitty’s Cinema - Sanford, 1364 Main
Street, Sanford, ME.
2. An application for approval for Blanket Letter (Extension of Alcohol consumption
area for dates specified in application) for the VFW POST #9935, 1 Hutchinson
Street, Sanford, ME.
Old Business
None
New Business
16-46.02
Ordered, to accept a resignation from Dana Peterson of the Planning Board
effective April 30, 2016.
16-47-03
Ordered, to accept a resignation from Richard Murphy of the Zoning Board of
Appeals.
16-48-04
Ordered, to appoint a member to the planning board effective May 1, 2016.
16-49.05
Ordered, to authorize amendments to the three (3) year lease between the
City of Sanford and the Sanford Mainers, Inc. for the use of Goodall Park.
16-50.06
Ordered, to sign the Warrant for Municipal and School Budget Validation
referendum election.
16-51.07
Ordered, to discuss the recommendations of the Mayor for the 2016 Council
Sub-Committees or Council representation to other Ad Hoc or temporary
Committees.
Council Member Comments
Future Agenda Items
Adjournment
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Sanford City Council
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City Council Meeting
Minutes – April 5, 2016
The Sanford City Council met at 6:00 p.m. in the Chambers of the Sanford City Hall
Annex on Tuesday, April 5, 2016. Those present were: COUNCILORS: Mayor Thomas
P. Cote, Councilor Maura A. Herlihy, Councilor Fred W. Smith, Councilor Victor E.
DiGregorio, Councilor Lucas J. Lanigan and Councilor John L. Tuttle, Jr. CITY STAFF:
Sherry Lord, Executive Assistant; Allison Rogers, Airport Manager; Alex Hammerle,
Facilities Director; Steven Benotti, fire Chief and Matthew Hill, Public Works Director.
Mayor Cote called the meeting to order at 6:06pm.
The session began with the Pledge of Allegiance followed by a moment of silence.
Roll Call:
Mayor Cote performs the Council Roll Call: Councilor Tuttle, present; Councilor Lanigan,
present; Councilor DiGregorio, present; Councilor Smith, present; Councilor Hanslip,
present, and Deputy Mayor Herlihy, present.
Minutes
Regular Meeting: March 15, 2016, Councilor Tuttle moved to approve, seconded by
Deputy Mayor Herlihy. The City Council voted 5-0-2 to approve.
Mayor’s Reports/City Council Sub-Committee Reports
Mayor Cote spoke of the new Café at the Trafton Senior Center and encouraged
citizens over the age of 50 to check it out. He also reported on the Eggs and Issues
meeting that he attended with City Manager Buck and Jim Nimon of the Growth Council
at YCCC. They each reported on what is going on in Sanford.
City Manager’s Report
(Attached)
Communications/Presentations
Chief Steven Benotti – South Sanford Fire Station; Chief Benotti explained the reallocation
of personnel throughout the fire department. South Station will remain open and will be
used to store apparatus.
Alex Hammerle, Assistant EMA Director – Prepare-A-Thon. Alex explained what the
Prepare A Thon is and also introduced Art Cleves, Director of the York County EMA.
Information meeting will be held on Thursday, April 7th at 10:00am in the Council
Chambers.
Public Participation
Public Hearings
Consent Agenda
Mayor Cote sought comments or concerns regarding the following items. There were no
comments or concerns. Consent agenda items were approved.
16-39.01
Ordered, to approve the following license request:
1. An application for approval for correction of blanket letter to operate Games of
Chance: (4) Sealed Tickets for the Wolves Social Club, 40 High Street,
Sanford Maine.
Old Business
New Business
16-40.01
Ordered, to receive and take action on the Budget Committee
recommendation for the FY16/17 Municipal and School Budget. The
discussion was started with a presentation from Lance Hoenig, Chairman of
the budget committee. There was much discussion about the Special
Education budget. Hazen Carpenter spoke on behalf of the Trails
Committee. Councilor Lanigan moved to reallocate $10,000 of CIP funding
for the use of Trails, seconded by Councilor Tuttle. The City Council voted 61 to approve. (Deputy Mayor opposed). Deputy Mayor Herlihy moved to
support the budget committee’s recommendation of a 2.44% increase for FY
2016/2017, seconded by Councilor Hanslip. Mayor Cote moved to amend
and recommend a 2.27% tax increase, seconded by Councilor Tuttle. The
City Council voted 2-5 motion failed. The City Council voted 5-2 to approve
the original motion of 2.44% tax increase (Mayor Cote and Councilor
DiGregorio opposed).
16-41.02
Ordered, to receive from the City Treasurer tax acquired property due to
nonpayment of 2013/2014 real estate tax liens. Councilor Hanslip moved
to approve, seconded by Deputy Mayor Herlihy. Paula Simpson explained
there are three properties as listed: I28-74, L28-14 and R20-8-9. The City
Council voted 6-0 to approve. (Councilor Lanigan was absent at time of
the vote).
16-42.03
Ordered, to accept a bid for obsolete parts from the department of Public
Works in the amount of $750.00 from David A. Winchell, Jr. of 244
Sanborn Road, Acton, ME. Councilor Tuttle moved to approve, seconded
by Councilor Hanslip. Matt Hill explained the bid process. The City Council
voted 6-0 to approve. (Councilor Lanigan was absent at time of the vote).
16-43.04
Ordered, to authorize the City Manager to enter into a contract with GIS
Mapping & Analysis of Portland, Maine for a drainage survey of Sanford
and Springvale, ME. Deputy Mayor Herlihy moved to approve, seconded
by Councilor Tuttle. The City Council voted 7-0 to approve.
16-44.05
Ordered, to accept a bid in the amount of $68,800.00 for renovations to
City garage office and bathrooms from Doten’s Construction of Freeport
Maine. Councilor Tuttle moved to approve, seconded by Deputy Mayor
Herlihy. Matt Hill explained the bid process. The City Council voted 7-0 to
approve.
Council Member Comments
Councilor Tuttle: Spoke with Senator Woodsome regarding the solar bill. He feels
confident about it. Also wanted more information about the Alzheimer’s notification.
Thanked members of the budget committee
Councilor Lanigan: Thanked members of the budget committee
Councilor DiGregorio: stated that he is very uncomfortable about the budget decision
the Council made tonight. He is going to campaign very hard against the proposed
budget.
Councilor Smith: Apologized for not making the last budget meeting. He was taking care
of his new grandson. He voiced his opinion about the future budget. He feels this year
will be very positive for the City.
Councilor Hanslip: Thanked members of the Budget Committee, School Committee,
City Manager and the Council for all their work on the budget.
Deputy Mayor Herlihy: Thanked everyone involved in the process of the budget. Bid
openings for the New High School will happen tomorrow in the Council Chambers at
2:00pm. Shovel should be in the ground the first part of May 2016.
Mayor Cote: He is going to support the budget and will not vote against it. He thanked
Hazen Carpenter and others that volunteer in the community.
Future Agenda Items
Budget process
Committee to addressing housing issues
Solid Waste sub-committee
Adjournment
Mayor Cote moved to adjourn regular meeting at 9:23 pm
Respectfully submitted by Sherry Lord, Executive Assistant
City of Sanford
From the Desk of
Sherry Lord
Memorandum
To: Steven R. Buck, City Manager
From: Sherry Lord, Executive Assistant
RE: Committee Resignations & Appointments
April 19, 2016 City Council Agenda
16-46.03
Ordered, to accept a resignation from Dana Peterson of the Planning Board
effective April 30, 2016.
16-47.04
Ordered, to accept a resignation from Richard Murphy of the Zoning Board of
Appeals.
16-48.05
Ordered, to appoint a member to the Planning Board effective May 1, 2016 with
a term to expire December 31, 2016.
Lease Agreement for the Use of Goodall Park
LEASE AGREEMENT FOR THE USE OF GOODALL PARK
2015,2016,2017
This Agreement is being entered into by and between the City of Sanford, in
the State of Maine, hereinafter "the City", and the Sanford Mainers, Inc., a 501C3
corporation operating in the State of Maine and operating with a Certificate of
Operation from the New England Collegiate Baseball League, "The Team."
WHEREAS, the City owns and operates a baseball facility known as Goodall
Park, hereinafter "the Facility", and
WHEREAS, the "The Team" desires to have a member franchise based in
the City which would play its home games at Goodall Park, and
WHEREAS, the "The Team" desires to guarantee compliance with the terms
of the Agreement with the City.
NOW, BE IT HEREBY AGREED AS FOLLOWS:
1.
BASIC AGREEMENT: The City agrees to allow "The Team” to use the facility in
accordance with the provisions of this Agreement. For the terms of this
Agreement, "use of the facility" shall mean the exclusive use of the following for a
period of four (4) hours prior to the start of each game. (a) The playing field,
dugouts, stands and adjacent parking lot inside the fence and (b) the related
facilities and equipment, including the press box, sound systems and scoreboard
known to be part of Goodall Park.
The City shall be responsible for preparing the playing field for League play.
"The Team" together with the City shall be responsible for clean- up following the
games. "The Team" shall be responsible for operation and maintenance of the
field during the game, as well as pre-game activities such as batting practice
and infield practice. A F i e l d d e s i g n a t e d b y “The City” shall be used by "The
Lease Agreement for the Use of Goodall Park
Team" for scheduled
clinic dates to be determined by "The Team" in
consultation with "The City".
2.
TERM OF AGREEMENT: The term of this Agreement shall be for a period of three
years from the date hereof. "The Team", if it desires to renew the lease, shall
notify "The City" in August of the last year of this agreement and, if "The City"
agrees, "The Team" will initiate discussions on the terms of the Lease.
3.
FEE PAYMENT: The parties agree that the "The Team" shall pay the sum of
Three hundred dollars ($300.00) during this lease period per game, including
exhibition and playoff games. These payments shall include u s e of the facility,
including maintenance and upkeep of the field and payment for lighting and use
of electricity. Said amount shall be due and payable upon receipt of invoice by
"The City". It is further understood that there may be other financial adjustments
for rainouts, double headers or playoff dates etc. if necessary.
For games with
attendance over 450 in attendance, an additional $.25 (twenty-five cents) will be
assessed every patron up to 600, the assessment will be $.50 (fifty cents) per
patron over 600 On occasion that "The Team" makes the post season playoffs,
the same per game fee and attendance assessment formula will be used.
4.
NUMBER OF GAMES: "The Team" plays a 40 to 44 game regular season
schedule, depending on the number of teams in the league, with half of the
Games (20 or 22) to be played at home. On or about the 15th of November of
each year, the City agrees to provide "The Team" with 30 dates between, June
6 and July 31, of the following year that would be acceptable for regular season
play. "The Team" will put its schedule together during the month of December
utilizing 20-22 of the dates provided with the remainder being turned back into
“The City”. Under the present format, four NECBL teams make the playoffs each
season with there being the possibility of two best-of-three rounds played on a
home and home basis. In the event the team referred to herein makes the
playoffs, the City agrees to make its best efforts to accommodate a brief playoff
schedule utilizing the same Fee Payment outlined in #3 above. The actual date
Lease Agreement for the Use of Goodall Park
and lime of the games shall be scheduled with the Department of Recreation &
Public Property.
5.
MAKEUPS: In the event of rainouts or other postponements, “The City” will work
with "The Team" to find a makeup date that is agreeable for all parties. Should a
suitable date not be found, the games shall be made up as part of a doubleheader
on an already existing game date utilizing the same Fee Payment outlined in #3
above for each game.
6.
CONCESSIONS: The City agrees that "The Team" may have the exclusive right
to operate the concessions at the field for all activities during the baseball season
for the term of this Agreement. "The Team" shall be responsible for the purchase
of any additional equipment and shall be responsible for the maintenance of all
equipment for the concession and shall agree to acquire and maintain any
operational license required by either the City or the State of Maine. Should
"The Team" need additional equipment and/or safety equipment, then "The
Team" shall be re sp on si ble for purchasing same.
"The Team" will honor any product exclusivity agreements the City might enter
into.
7.
SIGNS AND FENCES:
a.
Temporary
"The Team" is granted exclusive use of fences surrounding the b a s e b a l l facility
for the purpose of placing advertising signs. Advertising Signs may not be
affixed to the grandstand building. T h e ‘ S t y l e ’ o f s i g n i s s u b j e c t t o
a p p r o v a l b y “ T h e C i t y ” . All signs will be constructed of material that will
not cause damage to the fences o r G r a n d s t a n d and shall be maintained by
"The Team". The City shall review and approve all signs before they are
erected. Signs that are considered to be obscene or make any reference to
alcohol, tobacco or controlled substance will not be allowed. Signs for a distributor
of these products will be allowed as long as there is NO reference to those products.
Lease Agreement for the Use of Goodall Park
"The Team" assumes the responsibility of securing the signs to the fences and
grandstand and maintenance of the signs. Installation shall be made after June
1 and removal of all signs shall be by August 31st of each year this contract is in
effect. "The Team" shall be responsible for any damage to the fences and
grandstand used in conjunction with the placement of these signs and all funds
generated from displaying of these signs shall remain the sole property of "The
Team".
b.
Permanent
Informational signs (i.e. bulletin boards) may be installed by "The Team" with the
design and location to be approved by "The City".
8.
INDEMNIFICATION INSURANCE: "The Team" agrees to indemnify the City and
to maintain insurance in the sum of One Million Dollars ($1,000,000.00) for its
baseball operation in the City and to name "The City", or any other entity it so
designates, as additional insured on said policy. "The Team" shall keep and hold
harmless the City from and against any and all claims, demands, suits,
judgments, costs and expenses asserted by any person or persons, including
officers, agents or employees of "The City" or 'The Team", by reason of death
or injury to persons, or loss or damage to property, resulting from "The Team's"
operations hereunder or as the result of anything done or omitted by "The Team"
hereunder, except to the extent that such claims, demands, suits, judgments,
costs and expenses may be attributed to the negligent acts or omissions of the
City, its officers, agents or employees.
9.
GOVERNING LAW: This Agreement shall be construed in accordance with the
laws of the State of Maine and all applicable City of Sanford ordinances and
policies.
10.
SEVERABILITY CLAUSE: If any provisions of this Agreement or the application
thereof to any person, municipality or organization is held invalid by a court of
competent jurisdiction,
such invalidity shall not affect other provisions or
applications of said Agreement, and to this end the provisions of same are
Lease Agreement for the Use of Goodall Park
declared to be severable.
11.
AMENDMENTS AND MODIFICATIONS: The parties may amend this Agreement
at any time provided said amendments are in writing a n d executed by both
parties.
OPERATIONAL NOTICES. All operational notices pursuant to the terms of this lease
agreement shall be sent as follows:
City:
Marcel Blouin, Director of Recreation
& Public Property City of
Sanford
919 Main Street
Sanford, Maine 04073
ALL OTHER NOTICES: All other notices pursuant to the terms of this lease agreement
shall be sent as follows:
City:
Marcel Blouin, Director of Recreation
& Public Property City of
Sanford
919 Main Street
Sanford, Maine 04073
THE TEAM:
Chairman of the Board
Sanford Mainers, Inc.
PO Box26
Sanford, Maine 04073
LEASE AGREEMENT FOR THE USE OF GOODALL PARK
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this
2016
day of April,
THE CITY:
Steven R. Buck
City Manager
Sara-Lea Gauthier
Chairman, Board of Directors
Sanford Town Council 2016 Committee Assignments
Town Council Representative to Standing Committees
Airport Advisory Committee
Councilor John Tuttle
Site Plan Review
Councilor Lucas Lanigan
Chamber of Commerce Board of Directors
Councilor Lucas Lanigan
Standing Sub-Committees of the Town Council
Zoning and Land Use- Including Contract Zoning
Mayor Tom Cote
Councilor Fred Smith
Councilor Lucas Lanigan
Economic Development
Mayor Tom Cote
Councilor Maura Herlihy
Councilor Victor DiGregorio
Municipal Operations and Town Property
Councilor Maura Herlihy
Councilor Joseph Hanslip
Councilor Luke Lanigan
Public Safety Committee
Councilor Maura Herlihy
Councilor Joseph Hanslip
Councilor John Tuttle
Contract Negotiations
Mayor Tom Cote
Councilor Maura Herlihy
Councilor Joseph Hanslip
Budget Sub-Committee
Mayor Tom Cote
Councilor Maura Herlihy
Councilor Fred Smith
Dam Coalition
Councilor Maura Herlihy
Councilor John Tuttle
Steven R. Buck
School Construction Committee
Councilor Maura Herlihy
Steven R. Buck
James F. Nimon
Anne Marie Mastraccio (State Representative)