cm 2016-01-19 - City Of Saco, Maine
Transcription
cm 2016-01-19 - City Of Saco, Maine
STATE OF MAINE COUNTY OF YORK CITY OF SACO I. CALL TO ORDER – On Tuesday, January 19, 2016 at 6:30 p.m. a Council Meeting was held in the City Hall Auditorium. II. ROLL CALL OF MEMBERS – Mayor Roland Michaud conducted a roll call of the members and determined that the Councilors present constituted a quorum. Councilors present: David Precourt, Roger Gay, William Doyle, Kevin Roche, Alan Minthorn, Eric Cote and Nathan Johnston. City Administrator Kevin Sutherland was also present this evening. III. V. PLEDGE OF ALLEGIANCE GENERAL A. RECOGNITION OF MICHAELA LAMARRE, MILLIKEN EDUCATOR AWARD RECIPIENT Michaela Lamarre teaches eighth-grade science at Saco Middle School. Mrs. Lamarre was one of 40 teachers nationwide to be awarded the prestigious Milken Educator Award. The Milken Educator Award program rewards and inspires excellence in the education field and “targets early-to-mid career education professionals for their already impressive achievements and, more significantly, for the promise of what they will accomplish in the future.” Mrs. Lamarre has been teaching for twelve years, and has been described by her peers and students as dedicated, engaging, and technologically savvy. Mrs. Lamarre encourages her students to think critically, and to think and act like scientists. She is celebrated for not only caring about her students’ academic success but also their emotional well-being. Mrs. Lamarre has also been instrumental is developing an after-school activity for students to build robots and engage them in STEM (science, technology, engineering, and math) programs. We would like to take this opportunity to recognize Mrs. Lamarre for “engaging students in the sciences through innovative ideas and teaching practices. Thank you for your dedication to Saco students.” We are so fortunate to have educators like Mrs. Lamarre in our community. Congratulations and thank you, Mrs. Lamarre! Mayor Michaud congratulated Mrs. Lamarre and presented her with a Certificate of Achievement plaque. B. RECOGNITION OF THORNTON ACADEMY FOOTBALL, 2015 STATE CHAMPIONS Mayor Michaud asked Coach Kevin Kezal to join him in recognizing the team. He also noted that Mr. Kezal: - Has been the Head Coach for 16 Seasons from 2000-2015 - He has led his team to three State Championships in 2012, 2014, and 2015. - He has a record of 116 wins, 40 losses. - He was awarded Coach of the Year in 2014 AND 2015. - He is considered the coach with the most wins in the History of Thornton Academy, dating back to 1893. Councilor Roche recognized Paul Remmes who is stepping down as the leader of the Junior Trojans. He will still be involved and announcing. He has done allot of hard work and he recruited allot of parent volunteers to help out the program. M:\2016\cm_2016_01_19.doc 2/2/2016 Page 1 of 18 VI. AGENDA B. MAINE DRUG ENFORCEMENT AGENCY AGREEMENT – (SECOND & FINAL READING) Saco has assigned an investigator to the MDEA York County Task Force since 2010. The investigator works regionally on all matters involving the investigation and prosecution of drug offenses, and particularly on Saco drug offenses that reach beyond Saco, as most do. The cost of the investigator has been borne by the City. An increase in State funding has resulted in a request from the State for Saco to add an additional investigator to the MDEA York County Task Force. The State agrees to fund the position fully, including fringe benefits and overtime expenses. The Police Department will hire a patrol officer to replace the assigned investigator. The additional position will exist as long as the memorandum of understanding provides funding for the investigator assigned the MDEA. Termination or discontinuation of the MOU will result in the elimination of the position created as a result of this MOU. The Council discussed during Workshop and the First Reading on January 4, 2016. Councilor Doyle moved, Councilor Minthorn seconded “Be it ordered that the City Council hereby authorize Saco Police Chief, Bradley Paul, to execute the agreement between the City of Saco and the Maine Drug Enforcement Agency and further authorizes the following budget amendment: Increase 10460/500105 by $28,000 (Salary) Increase 10600/500289 by $2,142 (Social Security) Increase 10600/500287 by $2,072 (Maine PERS) Increase 10600/500288 by $4,450 (Health Insurance) Increase 10136/300502 by $36,664 (State Revenue). Further move to approve the order. The motion passed with seven (7) yeas. M:\2016\cm_2016_01_19.doc 2/2/2016 Page 2 of 18 RIDER A SPECIFICATIONS OF WORK TO BE PERFORMED The Department agrees to assign its officer, who is certified pursuant to section 2803-A, subsection 1 of Title 25, M.R.S.A., to perform services for the MDEA in the nature of a Maine Drug Enforcement Agency Task Force Investigative Agent, and who shall be deputized as such pursuant to Title 25 §2955, M.R.S.A. DESCRIPTION: This is investigative work involving the enforcement of Maine State laws and the maintenance of the public's safety and security as a member of the Maine Drug Enforcement Agency. Responsibilities include investigating complex crime scenes, collecting and documenting information and evidence, interviewing witnesses and suspects, properly searching and seizing evidence in support of alleged crimes, preparing reports to include diagrams, sketches, and calculations, and testifying in court. Work is performed under limited supervision. REPRESENTATIVE TASKS: (A position may not be assigned all the duties listed, nor do the listed examples include all the duties that may be assigned). … Manages and processes crime scenes, removes and delivers evidence to Crime Lab and HETL in order to collect, protect, and remove evidence pertinent to the crime. … Investigates complaints and crimes, applies the most appropriate investigator methods and techniques especially homicide and pharmaceutical crimes and fraud in order to determine and administer appropriate methods of investigation such as cultivating informants, non-testimonial orders, interrogation, and use of specialized equipment in apprehending suspect(s). … Interviews complainants, witnesses, and suspects, uses creative interrogation methods and techniques in order to receive, develop, and verify information and evidence pertinent to an investigation or inquiry. … Coordinates and organizes investigations with other agencies, states, groups, and the public in order to share information, problem-solve, and strengthen communications. … Prepares reports, exhibits, and other complex documents pertinent to investigation in order to inform superiors, prosecutors, or other agencies of the progress and/or results of investigations. … Testifies before grand juries, district court, superior court, and civil/administrative hearings in order to present investigator results and evidence. … Analyzes data generated and received in order to maintain a list of information requirements which, if answered, would add to an understanding of developments in a particular area of criminal activity. … Investigates criminal activity of known and/or suspected criminals in the State of Maine in order to establish its geographic area, type, volume, frequency, and monetary impact. … Disseminates intelligence data in order to assist other law enforcement agencies and/or personnel. … Conducts surveillance of and photographs criminal suspects and known criminals, and their hangouts and places of business in order to provide photographic information, evidence of illegal activity, and intelligence data. … Monitors and investigates organized criminal activities and conducts special investigations in order to obtain criminal intelligence and assist out of state law enforcement authorities. … Performs special investigator assignments in order to facilitate the attainment of Maine Drug Enforcement Agency and MDEA goals and objectives. M:\2016\cm_2016_01_19.doc 2/2/2016 Page 3 of 18 KNOWLEDGES, SKILLS, AND ABILITIES REQUIRED: (These are required to successfully perform the work assigned). …Knowledge of the laws, rules, and regulations applicable to and enforced by the Maine Drug Enforcement Agency. …Knowledge of state-of-the-art criminology, intelligence, computer technology, and forensic science. …Knowledge of state-of-the-art criminal investigatory methods and techniques. …Knowledge of Maine Drug Enforcement Agency policies and standard operating procedures. …Knowledge of state-of-the-art criminology, intelligence, computer technology, and forensic science. …Knowledge of state-of-the-art criminal investigator methods and techniques. …Ability to deal tactfully and authoritatively with the public. …Ability to work irregular hours. …Ability to work under stressful conditions. …Ability to establish and maintain effective working relationships. …Ability to conduct in-depth interviews and investigations, ascertain facts, and form logical conclusions. …Ability to testify in court. …Ability to employ a wide variety of law enforcement methods and techniques in resolving complex and highly sensitive homicides and violent crimes. …Ability to oversee and process crime scenes. …Ability to use firearms, operate communications equipment, and drive motor vehicles. …Ability to write concise and detailed reports. …Ability to work independently. RIDER B METHOD OF PAYMENT AND OTHER PROVISIONS 1. AGREEMENT AMOUNT $XX,XXX.XX plus overtime and employer paid benefits INVOICES AND PAYMENTS The MDEA will pay the Department as follows: a. Commencing on the pay period nearest January 4th, 2016 the Department’s officer shall be compensated at a rate of $XX.XX per hour. b. On a monthly basis, the Department shall invoice to the MDEA its direct costs of assigning its officer as a Task Force Investigative Agent. Invoices for payment shall be submitted to the Agreement Administrator. Invoices shall contain sufficient detail to allow proper cost allocation and shall be accompanied by supporting documentation to include copies of the officer’s MDEA Time Record and any MDEA Form 101 (Overtime Authorization). No invoice will be processed for payment until approved by the Agreement Administrator. All invoices require the following: 2. A. All invoices must include the Vendor Code number assigned when registering as a vendor with the State of Maine. This number appears on all Contracts and Purchase Orders and can be acquired from the agency contact. B. All invoices must include the vendor’s Federal ID Number. C. All invoices must include an Invoice Number. Payments are subject to the Department's compliance with all items set forth in this Agreement and subject to the availability of funds. The MDEA will process approved payments within 30 days. 3. MDEA'S REPRESENTATIVE The Agreement Administrator shall be the MDEA's representative during the period of this Agreement. He/she has authority to curtail services if necessary to ensure proper execution. He/she shall certify to the MDEA when payments under the Agreement are due and the amounts to be paid. He/she shall make decisions on all claims of the Department, subject to the approval of the Commissioner of the MDEA. AGREEMENT ADMINISTRATOR All progress reports, correspondence and related submissions from M:\2016\cm_2016_01_19.doc 2/2/2016 Page 4 of 18 4. the Department shall be submitted to: Name: Title: Address: Roy E. McKinney MDEA Director 166 State House Station Augusta, ME 04333-0166 who is designated as the Agreement Administrator on behalf of the MDEA for this Agreement, except where specified otherwise in this Agreement. 5. CHANGES IN THE WORK The MDEA may order changes in the work, the Agreement Amount being adjusted accordingly. Any monetary adjustment or any substantive change in the work shall be in the form of an amendment, signed by both parties. Said amendment must be effective prior to execution of the work. 6. ACCESS TO RECORDS The Department shall maintain all books, documents, payrolls, papers, accounting records and other evidence pertaining to this Agreement and make such materials available at its offices at all reasonable times during the period of this Agreement and for such subsequent period as specified under Maine Uniform Accounting and Auditing Practices for Community Agencies (MAAP) rules. The Department shall allow inspection of pertinent documents by the MDEA or any authorized representative of the State of Maine or Federal Government, and shall furnish copies thereof, if requested. 7. TERMINATION This agreement may be terminated upon ten days’ written notice by either the MDEA or the Department, but, in the absence of such notice, will terminate on the Termination Date indicated above. The Agreement shall be equitably adjusted to compensate for such termination, and modified accordingly. 8. GOVERNING LAW This Agreement shall be governed in all respects by the laws, statutes, and regulations of the United States of America and of the State of Maine. Any legal proceeding against the State regarding this Agreement shall be brought in State of Maine administrative or judicial forums. The Department consents to personal jurisdiction in the State of Maine. 9. NOTICE OF CLAIMS The Department shall give the Agreement Administrator immediate notice in writing of any legal action or suit filed related in any way to the Agreement or which may affect the performance of duties under this Agreement. The MDEA shall give the Department Representative immediate notice in writing of any legal action or suit filed related in any way to the Agreement or which may affect the performance of duties under this Agreement. 10. LIABILITY INSURANCE The Department understands that the MDEA does keep in force a police professional liability policy that includes the activity to be covered by this Agreement, and the Attorney General’s Office represents the Department’s officer in any legal action or suit filed related in any way to the Department’s officer acting as a MDEA Task Force Investigative Agent as set forth in this Agreement. 11. NON-APPROPRIATION Notwithstanding any other provision of this Agreement, if the State does not receive sufficient funds to fund this Agreement and other obligations of the State, if funds are de-appropriated, or if the State does not receive legal authority to expend funds from the Maine State Legislature or Maine courts, then the State is not obligated to make payment under this Agreement. 12. SEVERABILITY The invalidity or unenforceability of any particular provision or part thereof of this Agreement shall not affect the remainder of said provision or any other provisions, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision or part thereof had been omitted. 13. INTEGRATION All terms of this Agreement are to be interpreted in such a way as to be consistent at all times with the terms of Rider B (except for expressed exceptions to Rider B included in Rider C), followed in precedence by Rider A, and any remaining Riders in alphabetical order. 14. ENTIRE AGREEMENT M:\2016\cm_2016_01_19.doc This document contains the entire Agreement of the parties, and neither 2/2/2016 Page 5 of 18 party shall be bound by any statement or representation not contained herein. No waiver shall be deemed to have been made by any of the parties unless expressed in writing and signed by the waiving party. The parties expressly agree that they shall not assert in any action relating to the Agreement that any implied waiver occurred between the parties which is not expressed in writing. The failure of any party to insist in any one or more instances upon strict performance of any of the terms or provisions of the Agreement, or to exercise an option or election under the Agreement, shall not be construed as a waiver or relinquishment for the future of such terms, provisions, option or election, but the same shall continue in full force and effect, and no waiver by any party of any one or more of its rights or remedies under the Agreement shall be deemed to be a waiver of any prior or subsequent rights or remedy under the Agreement or at law. RIDER C EXCEPTIONS TO RIDER B None RIDER D 1. The Department understands that while its officer is assigned to the MDEA, the Department will maintain the officer’s employment and training records pursuant to Title 25 section 2805-B. 2. The Department understands and agrees that the relationship between its officer and the MDEA is not that of employer-employee and that the MDEA has no employer rights against the officer and the officer has no employee rights against the MDEA. All issues of complaints and grievances are governed by MDEA’s “Discontinuance, Discipline and Complaints of Agency Investigative Personnel” policy. 3. The Department understands and agrees that while its officer is assigned to the MDEA, that the Department shall place the officer in a temporary assignment status. A Task Force Agent reports directly to a MDEA Task Force Supervisor, notwithstanding any existing command structure of that assigned officer. The Department’s officer shall adhere to all MDEA policies and procedures. Failure to adhere to the MDEA policies and procedures shall be grounds for dismissal from the MDEA. Any inconsistency between the policies and procedures of the Department and the MDEA shall be resolved by the agreement between the Department’s Chief of Police and the MDEA Director. 4. The Department understands and agrees that while its officer is assigned to the MDEA, that officer shall be governed by the employment agreement between the Department and the officer. Notwithstanding any other provision of law, the officer retains and continues to accrue seniority and retirement rights and benefits for the time in which the officer serves as a Task Force Investigative Agent. IV. APPROVAL OF MINUTES Councilor Precourt moved, Councilor Roche seconded to approve the minutes for December 7, 2015, December 21, 2015 and January 4, 2016. Further move to approve the order. The motion passed with seven (7) yeas. VI. AGENDA C. COUNCIL GOAL SETTING On January 14th, Mayor Michaud and City Council reviewed the priority list created from an online survey of items that were collected from council. Tonight the Council will discuss which items should be included, identify specific goals, set a priority and if ready, vote on the final list. Councilor Minthorn moved, Councilor Doyle seconded “Be it ordered that the City Council adopt its 2016 goals as follows: Advocate a successful bond approval for the replacement of Young School by November Actively participate in re-energizing the Saco Main Street organization by having at least one councilor at each community event hosted by Saco Main Street Adopt a zero dollar increase on the mill rate for the school and city portion of the tax bill M:\2016\cm_2016_01_19.doc 2/2/2016 Page 6 of 18 Review the comprehensive plan and zoning ordinance for discrepancies and make recommendations for changes to the document for the next calendar year In cooperation with Biddeford and Maine DOT review completed traffic studies and develop a traffic improvement work plan Charge an ad-hoc committee of elected officials and staff from the school district and the city to explore back office service consolidation which includes a recommendation by November (before the 2018 budget cycle begins) Charge the energy committee to develop a baseline of energy usage for city facilities in order to determine additional areas of improvement, explore/assess new green technology investment ideas for council to approve in a bond issue Explore and approve two new sources of revenue for the City And further move that in January of 2017 the City Council will review these goals and update as they see fit. Further move to approve the Order. AMENDMENT - Councilor Doyle moved, Councilor Johnston seconded to amend the goal setting and to add the addition goal for 2016 to actively seek a AARP grant that would assist in the development of a plan to make Saco an Age-Friendly Community. The motion passed with seven (7) yeas. AMENDMENT – Councilor Roche moved, Councilor Minthorn seconded to review the comprehensive plan and zoning ordinance for discrepancies and assimilate the Bridge 2025 document and make recommendations. The motion passed with seven (7) yeas. Mayor called for a vote on the main motion with amendments. The motion passed with seven (7) yeas. M:\2016\cm_2016_01_19.doc 2/2/2016 Page 7 of 18 A. CONTRACT ZONE – 184 SIMPSON ROAD – (SECOND & FINAL READING) Mayor Michaud noted for the record the Planning Boards decision on November 21st. This except is from the minutes as determined by the City Planner Bob Hamblen. There was a motion made with a positive finding with the following conditions: 1) That the number of students be limited to 120, 2) That section 2B of the Contract Zone Agreement be based on total floor area, not footprint of 9,000 SF for each dormitory building and 7,000 SF for the proposed dining hall/kitchen/class room building, 3) Each building be subject to the existing 3,500 feet limit in over-all building height (and we knew that because it was in the minutes last week, but the other items were not) and that the language in section #3B (shall run with the property) be deleted out of this contract and that this contract be specific to this applicant only. This was seconded by Donna (a member of the Planning Board) and the vote was 6-0 the motion passed. In early October, 2015 the long time Saco educational institution, The Ecology School, which was established in late 1998 on the Ferry Beach Park Association campus off Seaside Avenue, approached the City of Saco requesting that a Contract Zone be established at 184 Simpson Road to allow The Ecology School to relocate and establish a new campus at that location. During Council Workshop on January 14, 2016, the following edits were requested: The maximum numbers of program participants shall be clarified to: 1.) Allow for up to 150 participants in residential programs and up to 150 participants in day programs 2.) Allow for new buildings as follows: A.) Two (2) dormitory structures of 15,000 Gross Building Area each with 7,500 SF Footprint each OR Three (3) dormitory structures of 10,000 Gross Building Area each with 5,000 SF Footprint each. M:\2016\cm_2016_01_19.doc 2/2/2016 Page 8 of 18 B.) One Dining Hall/Multi-purpose building with a 7,000 SF Building Footprint. Councilor Precourt moved, Councilor Doyle seconded “The City Council hereby ordains and approves the Second and Final Reading of the contract zone document entitled “Contract Zone Agreement By and Between The Ecology School and the City of Saco” dated January 19, 2016.” The motion passed with seven (7) yeas. AMENDMENT #1– Councilor Roche moved, Councilor Doyle seconded to incorporate into the contract “Sec. II L: This contract and its provisions shall be 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”. Councilor Roche moved, Councilor Doyle seconded to open the item up for public discussion. The motion passed with seven (7) yeas. One person spoke– Andy Tartre, 157 Simpson Road. Mayor Michaud called for a vote on the main motion. The motion passed with five (5) yeas and two (2) nays – Councilors Gay and Johnston. AMENDMENT #2 & #3 & #4 – Councilor Minthorn moved, Councilor Doyle seconded to incorporate into the contract “Sec II M – Delivery of services/supplies shall occur between the hours of 8A.M. and 8 P.M.; Sec. II N – The applicant shall not permit, authorize or allow parking on Simpson Road nor on the property of neighbors; Sec. II O – To the extent that the Applicant retains any perimeter fencing, said fencing shall be either maintained or removed.” The motion passed with six (6) yeas and one (1) nay – Councilor Gay. AMENDMENT # 5 – Councilor Precourt moved, Councilor Minthorn seconded to incorporate into the contract “Sec. II E and III B – Reference to “ten acres” corrected to “8.75 acres”.” The motion passed with six (6) yeas and one (1) nay – Councilor Gay. AMENDMENT #6 – Councilor Doyle moved, Councilor Minthorn seconded to incorporate into the contract “Sec. 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 schools 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, 1867. C. Saco Valley Land 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. The motion passed with seven (7) yeas. M:\2016\cm_2016_01_19.doc 2/2/2016 Page 9 of 18 AMENDMENT #7 – Councilor Johnston moved, Councilor Minthorn seconded to incorporate into the contract “Sec. V. #A – Expanded list of reasons as to ‘unusual nature and location’ standard as follows: Several people spoke - Nicol Tifft, Rocky Hill Rd, Andy Tartre, 157 Simpson Road, Phil Saucier Attorney for Ecology School, Inga Browne, Simpson Rd, Debbie Hilton, 143 Simpson Rd, Drew Dumsch, Dir. of Ecology School, Sue Littlefield, Simpson Rd, Kathleen Tartre, Simpson Rd, Dennis Rioux, Biddeford Resident & Saco Property Owner and Saco Valley Land Trust member. Mayor Michaud called for a vote on the motion. The motion passed with five (5) yeas and two (2) nays – Councilors Gay and Johnston. AMENDMENT #8, #9 & #10 – Councilor Doyle moved, Councilor Minthorn seconded to incorporate into the contract “Sec. IV. C – Upon approval of this contract by the City Council, the Applicants shall submit materials required for site plan review to the Planning Office. Failure of the Applicants 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, Sec. II. 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, Sec. II. 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. Several people spoke - Dominic DePatsy, Superintendent of MSAU, Julie – MSAU’s Curriculum Dir., Debbie M:\2016\cm_2016_01_19.doc 2/2/2016 Page 10 of 18 Hilton – Simpson Rd, Margaret Mills - 168 Simpson Road, Drew Dumsch – Dir. of Ecology School, and Andy Tartre – Simpson Rd. AMENDMENT TO AMENDMENT #9– Councilor Cote moved, Councilor Precourt seconded to add to the end of the Sec. II. P. sentence “Or a payment of $20,000 from the Ecology School to the City of Saco if the educational program with the Saco School system does not happen in a fiscal year or a payment of $20,000 to the City of Saco if the value of the educational program in a fiscal year is less than $40,000.” A couple of people spoke – Andy Tartre – Simpson Rd and Phil Saucier – Attorney for the Ecology School. Mayor Michaud called for a vote on the amendment to amendment #9. The motion passed with seven (7) yeas. Mayor Michaud called for a vote on the main motion Amendment #8, #9 & #10. The motion passed with six (6) yeas and one (1) nay – Councilor Gay. AMENDMENT #11 – Councilor Doyle moved, Councilor Precourt seconded to incorporate into the contract “Sec II. R – The applicant shall submit evidence of financial capacity and technical ability as part of its site plan review application.” The motion passed with six (6) yeas and one (1) nay – Councilor Gay. AMENDMENT # 14 – Councilor Cote moved to direct the applicant to sit down with the Saco Land Trust and neighbors and in preparing the initial site plan process. Motion was not considered due to a lack of a second. AMENDMENT #12 – Councilor Doyle moved, Councilor Gay seconded to incorporate into the contract “Sec III B. – New Structures. Notwithstanding the requirements in Table 412-1 of the Zoning Ordinance, the Property shall contain no more than two dormitories of approximately nine-thousand (9,000) square feet and up to thirty-five (35) feet in height which will be used to house up to 120 students and a building of approximately seven-thousand square feet which will be used as a dining hall, kitchen and classroom, subject to site plan review by the Planning Board. These new structures will be built within the approximately 8.75 acre parcel designated as the “Residential/Farm Area” as permitted by the conservation easement. A couple people spoke about whether the correct wording for the buildings was “square feet” or “footprint”: Phil Saucier Attorney of Ecology School, Mayor Michaud, Jesse Thompson, Architect for the Ecology School and Councilor Roche. FRIENDLY AMENDMENT - Councilors Minthorn moved, Councilor Doyle seconded to input the words “footprint” after 9,000 square feet and after the 7,000 square feet. The motion failed with three (3) yeas and four (4) nays – Councilors Precourt, Gay, Roche and Johnston. AMENDMENT TO AMENDMENT #12 - Councilor Doyle moved, Councilor Minthorn seconded “notwit standing the requirements in table 412-1 of the Zoning Ordinance the property shall contain no buildings to not exceed 25,000 square feet and up to thirty-five (35) feet in height. Several people spoke: Inga Browne - 161 Simpson Rd, Margaret Mills - Simpson Rd, Jesse Thompson -Architect for the Ecology School, Sue Littlefield -Simpson Road, Rick Hilton -Simpson Road, Kathleen Tartre – Simpson Road, Sandy Guay -2 Cumberland Ave, John Harkins -Resident & Taxpayer, Henry Beeuwkes – 168 Simpson Rd, Andy Tartre - Simpson Rd, Robert Biggs - Middle St., Deb Hilton - Simpson Road. Mayor Michaud called for a vote on the amendment to amendment #12. The motion failed with three (3) yeas and four (4) nays – Councilors Precourt, Gay, Roche and Johnston. A “tabling” motion was made by Councilor Precourt and seconded by Councilor Johnston. Mayor Michaud asked the Council to set aside the “tabling” motion temporarily in order to finish the edits as suggested by the City M:\2016\cm_2016_01_19.doc 2/2/2016 Page 11 of 18 Attorney. The Council agreed unanimously. AMENDMENT #13 – Councilor Precourt moved, Councilor Minthorn seconded to incorporate into the contract Sec II F, G, I, K, L as follows: Sec. III. C as follows: Sec. IV. B and E as follows: The motion passed with seven (7) yeas. TABLED (AMENDMENT #12) – Councilor Precourt moved, Councilor Johnston seconded to table Amendment #12 and send it back to the Planning Board for determination on the square footage of the buildings and to report back by February 1, 2016. The motion passed with five (5) yeas and two (2) nays – Councilors Doyle and Minthorn. M:\2016\cm_2016_01_19.doc 2/2/2016 Page 12 of 18 TABLED – Councilor Gay moved, Councilor Precourt seconded to formally table this item and bring it back to the Council for review on February 1, 2016. The motion passed with six (6) yeas and one (1) nay – Councilor Doyle. M:\2016\cm_2016_01_19.doc 2/2/2016 Page 13 of 18 M:\2016\cm_2016_01_19.doc 2/2/2016 Page 14 of 18 M:\2016\cm_2016_01_19.doc 2/2/2016 Page 15 of 18 M:\2016\cm_2016_01_19.doc 2/2/2016 Page 16 of 18 M:\2016\cm_2016_01_19.doc 2/2/2016 Page 17 of 18 VII. ADJOURNMENT Councilor Doyle moved, Councilor Precourt seconded to adjourn the meeting at 9:53 p.m. The motion passed with unanimous consent. Attest:______________________________ Michele L. Hughes, City Clerk M:\2016\cm_2016_01_19.doc 2/2/2016 Page 18 of 18