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AGENDA

SPECIAL COUNCIL MEETING

JUNE 22, 2021

LISBON TOWN OFFICE

7:00 P.M.

Town Council

Allen Ward, Chair

Don Fellows, Vice Chair

Norm Albert

Jeffrey Ganong

Kasie Kolbe

Fernand Larochelle

Mark Lunt

 

CALL TO ORDER.  The Chairman, Allen Ward, called the meeting to order and led the pledge of allegiance to the flag at 7:00 PM.

 

ROLL CALL.  Members present were Councilors Ward, Albert, Kolbe, Lunt, Larochelle, Ganong [arriving at 7:05 PM), and Fellows.  Also present were Diane Barnes, Town Manager; Randy Cyr, Public Works Director; Nate LeClair, Fire Chief; Mark Stevens, Parks & Recreation Director; Brett Richardson, Economic & Community Development Director; Traci Austin, School Committee Chairman; Lisa Ward, LDC Chairman; and approximately 20 citizens in the audience.

 

GOOD NEWS & RECOGNITION

 

PROCLAMATION

GIRLS TRACK & FIELD WINS STATE CHAMPIONSHIP TITLE

 

VOTE (2021-125) Councilor Albert, seconded by Councilor Larochelle moved to adopt the following proclamation:

WHEREAS, The Lisbon High School Girl’s Track and Field Team have made the Community proud as they claimed the State Championship title.

 

WHEREAS, The Girls Team won their first State Track and Field Championship in School history at Brewer High School on Tuesday, June 8, 2021

 

WHEREAS, The Girls season was a strong one, backing many teams, as well as winning the South Paris MVC Championship and winning the Class C State Championship over Winslow;

 

WHEREAS, At the 2021 Class C State Meet the Girls placed first as a team with 113 points to 90 over Winslow, finishing with a 70-0 record on the season;

 

WHEREAS, At the 2021 Class C State Meet the Girls placed first with individual State Champions helping to lead the way, Kiana Goldberg in the 100 meter hurdles and the Girls 4x100 on Relay to help Lisbon to its first Girls Track & Field State Championship team;

 

NOW, THEREFORE, we, the Town Council of the Town of Lisbon wish to congratulate and thank the Lisbon High School Track and Field Teams and Coaches, Dean Hall, Head Coach, Doug Sautter, Assistant Coach, Hank Fuller, Assistant Coach, and Nicole Sautter, Assistant Coach,  for their fine representation of the Town of Lisbon while winning the State Championship Title.

 

Order passed - Vote 7-0.

 

Councilor Ward congratulated the Class of 2021 and wished each student the best.  Councilor Larochelle mentioned the last Monday of the month, Cruise Nights, were going well with around a 100 in attendance now.  He praised all involved for making these events so successful.  Councilor Albert said there are more things to come and that he was excited to see the kickoff event start out so well.

 

 

PUBLIC HEARING

 

A.     MUNICIPAL BUDGET & MUNICIPAL CAPITAL IMPROVEMENT PLAN

Item taken out of order - see action taken after the Consent Agenda below

 

B.      SPECIAL ENTERTAINMENT PERMIT – FRANKS

 

The Chairman opened the public hearing.  There were no comments.  The Chairman closed the public hearing.

 

 

C.      MEDICAL MARIJUANA ESTABLISHMENT LICENSE – LISBON CANNABIS

 

The Chairman opened the public hearing.  There were no comments.  The Chairman closed the public hearing.

 

 

D.     MEDICAL MARIJUANA ESTABLISHMENT LICENSE – 207 EDIBLES

 

The Chairman opened the public hearing.  There were no comments.  The Chairman closed the public hearing.

 

 

E.      PARKS & RECREATION - MASS GATHERING PERMIT

 

The Chairman opened the public hearing.  There were no comments. The Chairman closed the public hearing.

 

 

AUDIENCE PARTICIPATION & RESPONSE FOR AGENDA ITEMS

 

Richard Plummer thanked the Council for the opportunity to address the Council and said this was the last place he wanted to be.  He has been hauling trash for approximately 40 years in our community for residents who work and have no time, for those residents who don’t want to go to the transfer station, and seniors, some of which have no cars or can’t even take their trash to the curb.  He said it is easy to say that revenue is being missed because these residents do not pay for dump stickers, but this department should be funded through taxation just like the Police Department, Recreation Department, etc.  He said he supported a dump sticker program, but this is the same amount of trash whether he brings it or 50 other cars bring it to the station.  He indicated the station probably could not handle all the extra cars.  He explained the Council closed Main Street to help businesses in town, gives breaks to new startup businesses in town, but that this does not seem like an even playing field for Gary, Nick, and himself.  He said he has always tried to support the town and be respectful, and indicated he has been totally disrespected by some. 

 

Ross Cunningham, President of PCL (Positive Change Lisbon), thanked the Council for the opportunity to address the Council.  He said he was present to address any questions in regards to the letter the PCL Board of Directors sent the Council regarding the Worumbo site.  He reported that 26 businesses he spoke with wanted green space there and that two to three businesses indicated they would like to see some development as well.  

 

Lisa Ward, Chairman of LDC (Lisbon Development Committee), reported this group agrees to move forward with the market analysis and suggested it be a town-wide analysis.  They agree with finding a qualified developer that could balance the community’s goals with market viability options without eliminating the green space options.  They support making further strides towards improving downtown parking and that study.  They unanimously agree with some type of green space.  She pointed out that in all scenarios the Worumbo site still has two times the space available at MTM.  Although they are all in favor of some type of development, not all members agree on one single scenario, but all agree the town should move forward.  She explained we need someone to give us vision because we cannot figure this all out on our own. 

 

Lisa Ward, as EMA Director, said this site, although parts are in a flood zone, was of no more concern than that in the Davis Street area.  She mentioned this group is working on an Emergency Action Plan with the Police Chief, Dam Director, Public Works Director, and County EMA members to address that possibility, which outlines an action plan for emergencies.  She said she was confident as the EMA Director that there is no problem with developing this area there.  She said, in the end, with so many people involved here, we should end up with the best product for the most people.  We all want to see something beautiful there and an active space for the town.  

 

Mike Wilding from the Railroad Restaurant and Pub reported that they were concerned about adding housing right in back of their tavern, because this restaurant holds many fundraisers that always involve a band or live outdoor music, which could result in the Police Department receiving many noise complaints.  He said their music is not loud and crazy, but this has the potential to be a big problem if this site is developed into housing units.  He said it is hard to find a spot that is just right, but we did 14 years ago, and now to find us right up against a residential housing building would be a huge problem if it goes that way.

 

Traci Austin said the town has now rediscovered the beauty of this spot that we did not even know existed until the big white building was gone.  Now that we have this view, we do not want to see it covered back up again.  She said customers request the window seat so they can enjoy the view when dining.  She explained that there was no option in the recent survey to choose “none of the above.”  She encouraged the Council to consider this a revenue-building site and that this green space could easily become a place where events are held annually.  A minimal post and beam structure would be sufficient to rent for holding large gatherings, parties, events, etc. or even a small ice rink would generate revenue.  She pointed out the potential for a missed opportunity here if the town just decides to move into a development stage.  She said history does repeat itself so the possibility of a flood does exist.  

 

Jason Smith thanked the Council for working with them on the Marijuana licensing and ordinances.  He said the Worumbo site looks awesome.  He said that is the best spot to sit and watch the river.  He indicated he sees quite a few families with children already enjoying this new space the town created.  He said he preferred it stay as it is, it is a focal point for Lisbon and indicated our new events there will draw a lot of people.  He said there are other options to consider for developments, but no other options where you can sit and enjoy the river or connect to the walking trail along the river.

 

Ross Cunningham said he wanted to speak as a Lisbon resident, that he has run over 150 public events here and elsewhere, and that this property is a showpiece.  He said he firmly believes the town should look at this and take its time.  This property can generate revenue without question.  He said individuals prefer shows or concerts near the water to venues like MTM.  Those are the types of events that make people buy homes in our area, because people want the city experiences in their own communities without having to travel to the city. 

 

Councilor Ward announced the Council received a thank you card from LACO thanking the Council for their support.                

 

 

CONSENT AGENDA

 

VOTE (2021-126) Councilor Larochelle, seconded by Councilor Lunt moved to approve the following items: 

A. Municipal Accounts Payable Warrants − $ 1,094,884.55

B. Municipal Payroll Warrants − $ 335,140.13 

C. School Accounts Payable Warrants− $ 288,830.65

D. School Payroll Warrants − $ 466,284.26

E.    Special Council Meeting Minutes of May 11, 2021 & Regular Meeting & Workshop Minutes of May 18, 2021

F.  Renewal Business Licenses for Franks Liquor License & Special Entertainment Permit, Lisbon Cannabis for Medical Marijuana Establishment Permit, 207 Edibles for a Medical Marijuana Establishment Permit &Parks & Recreation for a Mass Gathering Permit

G.  Road Name Requests for Trent Drive & Bree Ann Drive in Grimmels Mobile Home Park along with Ingersoll Lane off Josephine Street located on Map U11 Lot 84F

H.  Set July 13 Public Hearings for Renewal Business Licenses for Medical Marijuana License for Delightful Hights

I.  Ratify the June 8, 2021 Election Results

 

Order passed - Vote 7-0.

 

PUBLIC HEARING

Item Taken Out Of Order

 

A.     MUNICIPAL BUDGET & MUNICIPAL CAPITAL IMPROVEMENT PLAN

 

The Chairman opened the public hearing.  Mrs. Barnes gave a brief overview of the budget changes since the Council’s last meeting.  She reported tonight’s budget, not including the county, is $9,170,901.00 or a 2.7% increase over FY 2020-2021.  It is $9,974,121.00 with the county tax included.  She indicated several one-time capital purchases are being funded through the unassigned fund balance.  Positions that were deferred were added back into the FY 2021-2022 budget.  She estimated, using the current valuation, a half a mil decrease or .67 cents per thousand.  Seeing no further comments, the Chairman closed the public hearing.  

 

 

COUNCIL ORDERS, RESOLUTIONS, & ORDINANCES

 

ADOPT FY 2021-2022 MUNICIPAL BUDGET RESOLVES & CAPITAL IMPROVEMENT PLAN

 

VOTE (2021-127) Councilor Larochelle, seconded by Councilor Albert moved to adopt the following Fiscal Year 2021-2022 Municipal Budget Resolves and Capital Improvement Plan as presented, and waive the reading:

 

BE IT HEREBY RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF LISBON AS FOLLOWS:

 

FY 2021-2022 MUNICIPAL BUDGET RESOLUTION

For General Government

 

           Personnel Services                                                        $   1,001,451.00

           Contractual Services                                                     $      384,233.00

           R/M & Operating Supplies                                            $      235,025.00

           Capital Purchases                                                                     $        20,000.00

           Total for the General Government Budget                 $   1,640,709.00

 

For Public Safety

           Personnel Services                                                        $   2,470,247.00

           Contractual Services                                                     $      212,906.00

           R/M & Operating Supplies                                            $      146,782.00

           Capital Purchases                                                                     $      200,135.00

           Total for the Public Safety Budget                              $   3,030,070.00 

 

For Public Works

           Personnel Services                                                        $   1,109,621.00

           Contractual Services                                                     $      884,900.00

           R/M & Operating Supplies                                            $      514,377.00

           Capital Purchases                                                                     $      475,000.00

           Total for the Public Works Budget                             $   2,983,898.00

 

For Public Services

           Personnel Services                                                        $      763.849.00

           Contractual Services                                                     $        47,750.00 

           R/M & Operating Supplies                                            $      175,231.00

           Total for the Public Services Budget                           $      986,830.00

 

For General Assistance, County Tax, Economic Development,

Abatements, Debt Service, & Bonds

 

Personnel Services                                                        $      100,824.00

Contractual Services                                                      $      834,737.00

R/M & Operating Supplies                                            $        35,710.00

Capital Purchases                                                                     $      303,917.00

Lease Purchases                                                                       $        57,426.00

Total for the General Assistance, County Tax, Economic

    Development, Abatements, Debt Service & Bonds   $   1,332,614.00

 

 

BE IT ORDERED:  That the Municipal Budget for the Town of Lisbon for the fiscal year commencing on July 1, 2021 and ending on June 30, 2022 be and hereby is adopted with a total expenditure of $9,974,121 balanced with a total of $4,290,271 in estimated revenue.  A summary of appropriations is attached to this Resolution as Exhibit A (see attached).  A summary of estimated revenue is attached to this Resolution as Exhibit B (see attached [document includes sewer revenue totaling $5,732,343]).

 

BE IT ORDERED:  That the Assessor of the Town of Lisbon be and hereby is directed to assess a tax upon all real estate in Lisbon and liable to be taxed therein, and to assess the owner of personal estate liable to be taxed therein on the first day of April, 2021 A. D. and in accordance with the provisions of the State of Maine in such cases made and provided; make perfect lists under her hand of such assessments and commit the same to the Collector of Taxes of the Town of Lisbon on or before the 1st day of  July, 2021.  All taxes assessed as above and committed to the Collector shall be due on July 1, 2021.  That having set the date on which the first installment of taxes shall become due, to wit July 1, 2021, any taxes remaining unpaid after September 15, 2021 shall bear interest from September 16, 2021 at a rate of 6% per annum, said interest to be added to and become a part of said taxes.  That having set the date on which the second installment of taxes shall become due, to wit July 1, 2021, any taxes remaining unpaid after March 15, 2022 shall bear interest from March 16, 2022 at a rate of 6% per annum, said interest to be added to and become a part of said taxes and to fix the rate of interest paid for overpayments at 3% annum.

 

BE IT ORDERED:  That we, the Municipal Officers of the Town of Lisbon, Maine, upon request of Diane Barnes, Tax Collector/ Treasurer, of said Town, hereby authorize and direct said Tax Collector and Treasurer, pursuant to Title 36, Maine Revised Statutes Annotated, section 906, to apply any tax payment received from an individual as payment for any property tax against outstanding or delinquent taxes due on said property in chronological order beginning with the oldest unpaid tax bill. However, no such payment may be applied to any tax for which an abatement application or appeal is pending unless approved in writing by the taxpayer.

 

BE IT ORDERED:  That the Tax Collector be and hereby is, authorized to accept money prior to the date of the 2023 Tax Commitment in prepayment of taxes at 0% interest, and to issue receipts for the same.  It shall be discretionary with the Tax Collector/Town Manager to make arrangements through the Town of Lisbon Tax Club policy with any taxpayer for a schedule of monthly payments without interest and such arrangements, as they jointly deem necessary.

 

BE IT ORDERED: That the following categories of State funds be accepted during the fiscal year beginning July 1, 2021 and ending June 30, 2022:

 

Municipal Revenue Sharing

Local Road Assistance

State Aid to Education (including Federal pass-through funds and property tax relief)

Tree Growth Reimbursement

General Assistance Reimbursement

BETE Exemption Reimbursement

Homestead Exemption Reimbursement

 

BE IT ORDERED:  That the following categories of other funds be accepted and deposited in reserve accounts during the fiscal year beginning July 1, 2021 and ending June 30, 2022, and that the funds be appropriated for their intended purpose:

 

State Grant

Snowmobile Reimbursement Money

Grants

Donations

Bequeaths

Reimbursements

Other Funds

ARPA Local Fiscal Recovery Funds

 

BE IT ORDERED:  That the following be appropriated from unassigned fund balance and deposited into reserve accounts to be expended for their intended purpose:

 

Town Clerk Book Restoration              $     13,750.00

Technology                                        $     67,800.00

Town Buildings                                              $   184,200.00

Police Department Safety & Equipment $     27,500.00

Fire Truck Repair/Replacement            $     75,000.00

Fire Station Study                               $     30,000.00

Solid Waste Equipment                                   $     35,000.00

Parks & Recreation Equipment            $     16,000.00

Parks & Recreation Vehicle Replacement         $     35,000.00

Public Works Vehicles & Equipment   $   200,000.00

Public Works Guardrail                                   $     12,000.00

Public Works Salt Shed                                   $   450,000.00

Code Enforcement Storage                  $       3,500.00

Revaluation                                        $     30,000.00

                       Total                           $1,179,750.00

 

BE IT ORDERED:  That the following be appropriated from the Kelly Park TIF program funds and that additional amounts be appropriated from the Kelly Park TIF program funds as the Council may determine shall be expended for their intended purpose during the fiscal year:

                                                              

LFD Electrical                                    $     14,000.00

LFD Boiler                                         $     26,780.00

Traffic Light Cameras (Capital Ave/Rt.196)$     20,000.00

Traffic Light Cameras (Rt.196/Rt.9)     $     20,000.00

                       Total                           $     80,780.00

 

                          

BE IT ORDERED:  That the following be appropriated from the Downtown TIF program funds and that additional amounts be appropriated from the Downtown TIF program funds as the Council may determine shall be expended for their intended purpose during the fiscal year. 

 

Signs Walking Trail                             $       5,000.00

Flags/Banners                                     $       5,000.00

Parks & Recreation Mill Trail Fence Repair$     10,000.00

                         Total                                 $     20,000.00

 

BE IT ORDERED:  That the following July 1, 2020 –June 30, 2021 appropriations be encumbered and placed into capital reserve accounts to be expended for their intended purpose:

 

Town Buildings 12051500-50520 (Building Exp)      $     20,000.00

WWTP Other Improvements                                  $     60,225.81

 

 

BE IT ORDERED:    That the following July 1, 2020 –June 30, 2021 appropriations be encumbered and carried forward to the July 1, 2021 – June 30, 2022 fiscal year, to be  expended for their intended purpose:

 

Planning Board-Contracted Services                               $     10,000.00

Health Ins                       12021000-50220 (Town Mgr.)  $       1,500.00

                                        12022500-50220 (Clerk)                       $       8,400.00

                          12023500-50220 (Tax Coll)      $       2,800.00

                                        12024500-50220 (Code Enf.)    $          700.00

                                        14040500-50220 (Police)                      $     21,800.00

                                        14041500-50220 (Fire)             $          400.00

                                        14045000-50220 (Animal Cont.)           $       1,000.00

                                        14046000-50220 (Comm Ctr.)  $       6,900.00

                                        15050500-50220 (PW)              $     18,500.00

                                        15052000-50220 (Solid Waste) $       2,300.00  

                            16061500-50220 (Rec)             $       5,500.00

Technology                     12026500-50360 (Minor Equp.) $       1,886.00

                                        12026500-50536 R & M Equip. $     16,776.00

Town Buildings              12051500-50514  (Heating)      $       3,700.00

                                        12051500-50520(Building Exp) $     20,000.00 (Note: Council Amended on 7/7/2021)

                                        12051500-50549 (R & M Equp.)           $       3,900.00

Public Works                  15050500-50116 (Union)                      $       8,500.00

Solid Waste                     15052000-50116 (Union)                      $       2,000.00

Gas & Diesel                  14040500-50375 (Police Dept.)             $       5,300.00

                                        15050500-50377 (PW Diesel)                $     10,400.00

                                        16061500-50375 (PW Gas)                    $       1,900.00

                                        16061500-50377 (Parks Diesel)             $       1,000.00

                                        65052500-50375 (WWTP Gas)              $          700.00

                                        65052500-50377 (Diesel)                        $       1,200.00

Heating             65052500-50514  (WWTP)                    $       1,000.00

 

 

BE IT ORDERED:  That the amount raised and appropriated for Overlay shall be used to fund tax abatements during the fiscal year beginning July 1, 2021 and ending June 30, 2022.

 

BE IT ORDERED:  That the Sewer Budget for the Town of Lisbon for the fiscal year commencing on July 1, 2021 and ending on June 30, 2022 be and hereby is adopted with a total expenditure of $1,261,831.00 balanced with a total of $1,442,072.00 in estimated revenue.  A summary of appropriations and estimated revenue is attached to this Resolution as Exhibit A [& Exhibit B] (see last page of Exhibit A & B attached).

 

Pursuant to Title 30-A M.R.S.A. Sec 3406 and the Town of Lisbon Sewerage Ordinance the Town Council hereby adopts the following rates for the Town Sewerage Works:

 

                           $ 8.00 per 100 cu. ft.                 Domestic Sewer Rate

                           $ 2.80 per 100 cu. ft.                 Maine Electronics        

                           $ .125 per gallon                                   Septage Disposal

                           $   .06 per gallon                                   Holding Tank Waste Disposal

 

The Treasurer of the Town of Lisbon is hereby directed to assess sewer service charges on a quarterly basis as determined by the water meter readings.  All sewer service charges remaining unpaid after the date which they are due shall bear interest at a rate of 6% per annum, said interest to be added to and become a part of said sewer service charges.

 

BE IT ORDERED:  That the Tax Club policy, which was adopted in November of 2014, is approved as presented.

 

BE IT ORDERED:  That the Capital Improvement Plan for the Town of Lisbon for the fiscal year commencing

on July 1, 2021 and ending on June 30, 2022 be and hereby is adopted as presented and attached to this Resolution as Exhibit C (see attached).

 

Roll Call Vote:  Yeas – Albert, Lunt, Larochelle, Ward, Kolbe, Ganong and Fellows.  Nays - None.  Order passed - Vote 7-0.

 

 

EMERGENCY ORDINANCE COMMERCIAL SOLAR ARRAY MORATORIUM

 

INTRODUCTION:  On March 16, 2021, Council adopted an Emergency Commercial Solar Array ordinance that expired on June 14, 2021.  On June 10, 2021, The Planning Board held a public hearing and approved a Ground Mounted Solar Energy System ordinance that is being reviewed by Council.  This new emergency ordinance is being recommended to cover the timeframe from June 22nd until the regular ordinance is adopted. 

 

VOTE (2021-128) Councilor Larochelle, seconded by Councilor Fellows moved to adopt the emergency ordinance as presented.

 

TOWN OF LISBON - COMMERCIAL SOLAR ENERGY FACILITY

EMERGENCY MORATORIUM ORDINANCE

 

THE TOWN OF LISBON adopts a Commercial Solar Energy Facility Emergency Moratorium Ordinance as follows:

 

WHEREAS, there is growing interest in Commercial Solar Energy Facility development in the Town;

WHEREAS, the topography of the Town is believed to be conducive to Commercial Solar Energy Facility development;

WHEREAS, the Town is under threat of Commercial Solar Energy Facility development pressure;

WHEREAS, this development pressure is unanticipated and has not been adequately provided for in the Town's current ordinances governing land use, zoning and site plan review;

WHEREAS, development of Commercial Solar Energy Facilities could pose serious threats to the public health, safety and welfare of the residents of Lisbon abutting or in close proximity to such facilities without adequate provision for issues of health, safety, land use compatibility, noise, visual degradation and environmental degradation;

WHEREAS, the Town is in the process of reviewing its Code of Ordinances, and needs additional time to study its Code of Ordinances to determine the implications of development proposals involving Commercial Solar Energy Facilities and to develop reasonable ordinances for the protection of the health, safety, and welfare of Lisbon's residents, property owners and natural resources;

WHEREAS, the Town Council and the Planning Board, with such professional advice and assistance as they deem necessary and appropriate, shall study the Town's ordinances to determine the land use, environmental and other regulatory implications of development proposals involving Commercial Solar Energy Facilities and consider what regulations might be appropriate for such activity;

WHEREAS, the Town's current ordinances are not adequate to prevent serious public harm from proposed development proposals involving Commercial Solar Energy Facilities;

WHEREAS, the Town's current ordinances do not contain sufficient standards to effectively provide municipal review and approval of development proposals involving Commercial Solar Energy Facilities;

WHEREAS, it is anticipated that such a study, review, and development of recommended ordinance changes will take at least ninety (90) days from the date the Town considers this moratorium on development proposals involving Commercial Solar Energy Facilities;

WHEREAS, amendments to ordinances may require public hearings by the Planning Board and Town Council and votes by the Planning Board and Town Council; and

WHEREAS, in the judgment of the Town, these facts create an emergency within the meaning of 30-A M.R.S.A. § 4356(1)(B) and Section 2.08(b) of the Town Charter, and require this Ordinance as immediately necessary for the preservation of the public health, safety and welfare;

NOW, THEREFORE, the Town does hereby ordain that the following Emergency Moratorium Ordinance be, and hereby is, enacted:

Section 1.  Moratorium Declared.

The Town does hereby declare a moratorium on development proposals involving a Commercial Solar Energy Facility. The moratorium shall remain in effect for ninety (90) days from the date of applicability of this Ordinance, unless extended or modified by the Town Council, for the express purpose of drafting an amendment or amendments to Town ordinances to protect the public from health and safety risks including, but not limited to, the potential adverse environmental, health, safety, land use compatibility, noise, and visual degradation effects of development proposals involving a Commercial Solar Energy Facility if not properly regulated; and

BE IT FURTHER ORDAINED, that notwithstanding the provisions of 1 M.R.S.A. § 302 or any other law to the contrary, this Ordinance, when enacted, shall apply to any development proposals involving a Commercial Solar Energy Facility for which an application for site plan review has not been determined to be complete by vote of the Planning Board prior to June 22, 2021, the applicability date of this Ordinance; and

BE IT FURTHER ORDAINED, that no person or organization shall start or engage in the construction or operation of a Commercial Solar Energy Facility for which an application for site plan review has not been determined to be complete by vote of the Planning Board prior to June 22, 2021, without complying with whatever ordinance amendment or amendments the Town may enact as a result of this moratorium; and

BE IT FURTHER ORDAINED, that during the time this moratorium is in effect, no officer, official, employee, office, administrative board or agency of the Town shall accept, process, approve, deny, or in any other way act upon any application for a license, building permit, certificate of approved use, conditional use review and/or any other permits, licenses or approvals related to a Commercial Solar Energy Facility for which an application for site plan review has not been determined to be complete by vote of the Planning Board prior to June 22, 2021; and

BE IT FURTHER ORDAINED, that those provisions of the Town's ordinances that are inconsistent or conflicting with the provisions of this Ordinance, are hereby repealed to the extent that they are applicable for the duration of the moratorium hereby ordained, and as it may be extended as permitted by law, but not otherwise; and

BE IT FURTHER ORDAINED, that should any section or provision of this Ordinance be declared by any court of competent jurisdiction to be invalid, such a declaration shall not invalidate any other section or provision.

Section 2. Violations; Civil Penalties.

If the construction or operation of a Commercial Solar Energy Facility is initiated in violation of this Ordinance, each day of any continuing violation shall constitute a separate violation of this Ordinance, and the Town shall be entitled to all rights available to it in law and equity, including, but not limited to, fines and penalties in accordance with 30-A M.R.S.A. § 4452, injunctive relief, and its reasonable attorney's fees and costs in prosecuting any such violations.

Section 3. Definitions.

Associated Facilities means elements of a Commercial Solar Energy Facility other than its Generating Facilities that are necessary to the proper operation and maintenance of the Commercial Solar Energy Facility, including, but not limited to, buildings, access roads, generator lead lines and substations.

Generating Facilities means Solar Collectors and electrical lines, not including generator lead lines, that are immediately associated with Solar Collectors.

Town means the Town of Lisbon, Maine, a municipal corporation organized and existing under the laws of the State of Maine.

Commercial Solar Energy Facility means a facility that uses one or more Solar Collectors to convert solar or photovoltaic energy to electrical energy and that is operated solely for the purpose of generating electrical power for sale. A Commercial Solar Energy Facility includes Generating Facilities and Associated Facilities, but does not include a solar energy facility that principally generates electrical energy used by one or more residential, agricultural or business uses on the property on which the facility is located, even if a portion of the energy from such facilities is sold or distributed to the grid.

Solar Collector means a device, structure or a part of a device or structure for which the primary purpose is to transform photovoltaic or solar radiant energy into thermal, mechanical, chemical, or electrical energy, along with associated electrical conversion components designed to convert solar energy into electricity.

Section 4.  Effective Date; Emergency Declaration

This Ordinance shall be effective immediately upon enactment by the Town Council and shall remain in effect for 90 (ninety) days from the date of enactment unless it is adopted as a regular ordinance within that time period. The Town Council declares the existence of an emergency because the Code of Ordinances is insufficient to prevent serious public harm that could be caused by the unregulated development of Commercial Solar Energy Facilities, thereby necessitating a moratorium to provide an opportunity for the Town to review the potential impacts and harm that may be caused by such development, and to amend its Code of Ordinances to mitigate the potential impact and harm on the Town and its residents.  In accordance with Section 2.08(b) of the Town Charter, this Ordinance shall be enacted as an emergency ordinance.

Proposed: June 22, 2021

 

Roll Call Vote:  Yeas – Albert, Lunt, Larochelle, Ward, Kolbe, Ganong and Fellows.  Nays - None.  Order passed - Vote 7-0.

 

EMERGENCY ORDINANCE (MOXIE PLAZA)

 

INTRODUCTION:  Mr. Richardson explained that during early spring 2021, the Lisbon’s Town Council approved a temporary closure of Main Street during summer 2021 and authorized the implementation of the Moxie Plaza 2021 plan.  The Moxie Plaza 2021 plan incorporates successes and lessons learned from the Main Street closure during summer 2020 and was based on input gathered from businesses and residents. The hard assets required to enact the Main Street closure were previously purchased in 2020 with funds from a Keep Maine Healthy Grant from the State of Maine’s Department of Health and Human Safety.  In furtherance of the 2021 plan, the Town hired a Summer Events Coordinator on April 2, 2021.  The Coordinator, Lise Tancrede, has worked energetically with local businesses to implement the plan and attract energy and foot traffic to Main Street, while advancing community development by creating an inviting environment for residents and visitors to gather outdoors.  Lisbon’s Parks and Recreation, Public Works, Economic and Community Development, and Police and Fire Departments have coordinated efforts to implement the street closure and approved Moxie Plaza 2021 plan on Wednesday, June 23rd through Tuesday, September 7, 2021.  The attached Emergency Ordinance to Promote Public Health and Safety and Business Operations in Village Areas formalizes the approved closure plan. 

 

Mr. Richardson requested Council approve the Emergency Ordinance presented to Promote Public Health and Safety and Business Operations in Village Areas to enable implementation of the approved Moxie Plaza 2021 plan from June 23 through September 7, 2021.

 

VOTE (2021-129) Councilor Albert, seconded by Councilor Fellows moved to approve the Emergency Ordinance to Promote Public Health and Safety and Business Operations in Village Areas to enable implementation of the approved Moxie Plaza 2021 plan from June 23 through September 7, 2021 as follows.

 

EMERGENCY ORDINANCE TO PROMOTE PUBLIC HEALTH AND SAFETY

AND BUSINESS OPERATIONS IN VILLAGE AREAS

 

WHEREAS, an outbreak of novel coronavirus disease 2019 (“COVID-19”), a respiratory illness, first detected in Wuhan City, Hubei Province, China, has expanded to locations around the world, and has dramatically disrupted the economy of the United States, the State of Maine, Androscoggin County, and the Town of Lisbon since March 2020;

WHEREAS, COVID-19 infections continue to occur through community spread from person to person in the United States, the State of Maine, Androscoggin County, and the Town of Lisbon ; and

WHEREAS, as of June 15, 2021, 68,632 Maine residents have been infected by COVID-19 and 853 Maine residents have perished as a result of coronavirus infections; and

WHEREAS, approximately 40 percent of Maine residents eligible for COVID-19 vaccinations have not been fully vaccinated against the disease, and children under the age of 12 are not eligible to be vaccinated; and

WHEREAS, the risk of contracting COVID-19 is understood by academic and public health institutions to be significantly higher in indoor environments than outdoor environments; and

WHEREAS, many potential customers of Lisbon businesses will patronize local establishments if provided the opportunity to do so outdoors, but will opt not to patronize local establishments if doing so requires extended time indoors in close proximity to other patrons; and

WHEREAS, providing opportunities for Lisbon enterprises to operate in outdoor environments will alleviate safety concerns for higher risk populations and those persons ineligible for inoculation, while affording all residents an opportunity to feel comfortable patronizing local establishments as  Governor Janet T. Mills issues executive orders to lift restrictions on dining and retail establishments; and

WHEREAS, allowing Lisbon businesses to operate outdoors presents an unique opportunity accelerate economic recovery and increase revenues by attracting customers from the broader region who will seek outdoor environments in which to feel safe while dining and shopping; and

WHEREAS, creating public outdoor spaces with appropriate amenities and programming will offer all Lisbon residents the inclusive opportunity to gather and celebrate as a community; and

WHEREAS, in light of the foregoing, the Town Council necessary to adopt an emergency ordinance relating to traffic, parking, and outdoor dining and retail service in the Town’s village areas for the purposes of allowing businesses to reopen or continue operating without undue hardship while also maximizing physical distancing and public health and safety;

NOW THEREFORE, be it ordained by the Town Council of the Town of Lisbon, that the following temporary emergency ordinance is enacted:

TEMPORARY EMERGENCY ORDINANCE

1.   The Police Chief in consultation with the Town Manager is authorized to temporarily close all or a portion of the following streets to through traffic, as determined necessary to protect the health and safety of pedestrians, employees and patrons of local businesses, and other members of the public, including by promoting effective physical distancing: Main Street in Lisbon Falls between Lisbon Street (Rt. 196) and Union Street, and Village Street in Lisbon Village between Lisbon Street (Rt. 196) and Fillion Street (collectively the “Village Areas”).

2.   The Police Chief in consultation with the Town Manager is authorized to close on street parking spaces in the Village Areas as he deems necessary and appropriate to protect the public health and safety, including in order to allow safe passage of pedestrians when sidewalks are utilized for outdoor dining or retail. 

3.   The Town Manager or her designee may promulgate rules and regulations relating to temporary street and parking closures under this ordinance as necessary to protect public health and safety. Access required under the Americans with Disabilities Act shall be maintained.

4.   Town ordinances and regulations related to the operation and licensing of dining and retail services shall be temporarily suspended in order to allow display, storage, or sale of merchandise on sidewalks or closed streets or parking spaces in the Village Areas, and sale, service, and consumption of food and/or drinks, including alcoholic beverages, on adjacent sidewalks in the Village Areas, subject to the following:

a.     All retail or food establishment operations must be in accordance with existing ordinances and licensing requirements unless the Town has issued a temporary permit pursuant to the authority granted herein.

b.     Food service establishments with frontage on Main Street or Village Street in the Village Areas may be authorized to add or expand their premises with outdoor dining on adjacent sidewalks during defined time periods, as long as pedestrian passage and compliance with the Americans with Disabilities Act requirements are maintained..

c.     Retail establishments with frontage on Main Street or Village Street in the Village Areas may be authorized to add or expand their premises with retail sales on adjacent sidewalks or closed streets or parking spaces during defined time periods as long as pedestrian passage and compliance with the Americans with Disabilities Act requirements are maintained.

d.     Other applicants desiring to offer goods for retail sale may apply for a temporary permit authorizing outdoor retail sales on closed streets or parking spaces in the Village Areas.

e.     Other applicants desiring to offer food for sale may apply for a temporary permit authorizing food service and outdoor dining on closed streets or parking spaces in the Village Areas during days and times of day when food is not offered by existing businesses within 200 feet.

f.     The number, location, hours, requirements and permitting fees for food service, outdoor dining or retail sales in the Village Areas pursuant to this ordinance will be governed by rules and regulations adopted by the Town Manager.  The Town Council hereby authorizes the Town Manager, the Police Chief or their designees to execute any related documents necessary or convenient to carry out the intent of this Ordinance.

5. Violation of or failure to comply with this ordinance is punishable by a fine of $500.00 per occurrence plus the costs of prosecution.

6. If any provision of this ordinance or its application to any person or circumstance is held to be invalid, then the remainder of the ordinance, including the application of such part or provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. To this end, the provisions of this Emergency ordinance are severable.

Emergency Declaration

The Town Council declares the existence of an emergency because the Code of Ordinances is insufficient to prevent serious harm to public health and safety.  This amendment shall be enacted as an emergency ordinance under Section 2.08(b) of the Town Charter. It shall be effective as an emergency ordinance immediately upon

enactment and shall remain in effect through the ninetieth (90th) day following the date on which it is adopted, unless finally adopted as a regular ordinance within that time.

Proposed: June 22, 2021

 

Roll Call Vote:  Yeas – Albert, Lunt, Larochelle, Ward, Kolbe, Ganong and Fellows.  Nays - None.  Order passed - Vote 7-0.

 

 

RE-ALLOCATE FUNDS IN THE ENTERTAINMENT RESERVE

TO THE BEAUTIFICATION RESERVE ACCOUNT

 

INTRODUCTION:  Mr. Richardson reported during summer 2020, $3600 from ECD’s budget was carried forward to the Town’s Entertainment account.  During the Town Council meeting of June 11, 2020, Council voted unanimously to establish the Lisbon Beautification Reserve for the purpose of receiving private donations to be used for aesthetic improvements throughout the Town.  ECD staff have identified opportunities to create aesthetic improvements using resources from the Beautification Reserve, including the design and production of public murals and other forms of public art to add vitality and visual improvements in Lisbon’s village areas. 

 

Mr. Richardson recommended Council authorize the transfer of $3,600 from the Town’s Entertainment account to the Lisbon Beautification Reserve.

 

VOTE (2021-130) Councilor Larochelle, seconded by Councilor Albert moved to authorize the Town Manager to Re-allocate Funds in the Entertainment Reserve in the amount of $3,600 to the Beautification Reserve.  Order passed - Vote 7-0.

 

 

SOLICIT BIDS FOR DIGITAL ADVERTISING BOOT CAMP

 

INTRODUCTION:  Mr. Richardson reported on May 26, 2021, the Maine Community Foundation’s (MCF) notified ECD that the Town’s proposal to MCF’s Start Up Scale Up Grant Program to deliver a free Digital Advertising Boot Camp for local businesses and entrepreneurs throughout Maine was funded for the requested amount of $13,000.  Lisbon’s Council authorized the application at the March 26th Council meeting.  MCF’s Start Up Scale Up Program invests in projects that help start up new businesses or help grow existing businesses.  The Digital Advertising Boot Camp builds off the Entrepreneurship Ecosystem (EE) grant that the Town received from MCF in collaboration with Maine Downtown Center and Main Street America.  As a result, of the Covid-19 pandemic, consumers have developed new web-based shopping habits.  More and more, digital advertising skills are essential for small businesses to compete and thrive in a web-based marketplace.  Lisbon businesses that participated in the EE planning process universally expressed the need for digital marketing support.  As a result, the Boot Camp was selected during a highly competitive grant cycle.  Beyond Lisbon, digital marketing savvy is invaluable for businesses throughout Maine.  The Digital Advertising Boot Camp funded by MCF will focus primarily on Lisbon businesses, but an online component will be available and promoted to entrepreneurs throughout the state.  By offering the Boot Camp to entrepreneurs statewide, we will not only add value for the broader entrepreneur ecosystem, but we will also promote Lisbon as a forward-thinking, innovative, business-friendly community to entrepreneurs and service providers statewide. 

 

Mr. Richardson explained the Digital Advertising Boot Camp will feature a series of digital trainings to be created, produced, and delivered by a consultant, plus tailored one-on-one consulting for up to 20 Lisbon businesses.  The one-on-one consulting sessions will include hands-on strategic and tactical recommendations that Lisbon businesses can implement based on their current marketing platforms and business models.  The kick-off and wrap-up trainings will be held in person at the planned Entrepreneurship Hub under development with the Ancient York Lodge.  The sessions in-between will be delivered via a web-based live stream statewide.  The ideal consultant will have specialized skills, broad experience, and the ability to produce and deliver compelling trainings.  In accordance with the Town’s purchasing policy, the consultant must be selected via a competitive bid process.

 

Mr. Richardson recommended Council authorize the acceptance of the $13,000 Start Up Scale Up Grant for the Digital Advertising Boot Camp, authorize a bid process to select a consultant to deliver the boot camp trainings, and approve implementation of the Boot Camp during Fall 2021 and Winter 2022.

 

VOTE (2021-131) Councilor Larochelle, seconded by Councilor Fellows moved to accept the $13,000 Start Up Scale Up Grant for the Digital Advertising Boot Camp, authorize a bid process to select a consultant to deliver the boot camp trainings, and approve implementation of the Boot Camp during Fall 2021 and Winter 2022.  Order passed - Vote 7-0.

 

AWARD BIDS FOR FAÇADE GRANT PROJECTS

 

INTRODUCTION:  Mr. Richardson reported in June 2020, the State of Maine’s Office of Community Development (OCD) awarded the Town of Lisbon a $100,000 grant to administer a business façade grant program.  The purpose of Lisbon’s façade grant program is to provide matching funds to local property and business owners to make visual improvement to the exterior of commercial buildings in Lisbon village areas and Route 196 Corridor.  Lisbon’s Business Façade Program helps improve the overall visual character of the community to support revitalization and attract additional investment.  The Lisbon Development Committee (LDC) serves as the CDBG Citizen Advisory Committee.  In this capacity, the LDC reviews potential projects to ensure that each project fulfils the mission of the façade program and is consistent with CDBG guidelines.  Each project requires a 1:1 private match for every grant dollar.  Following CDBG Citizen Advisory Committee approvals, the Town Council approved five business façade projects during Council meetings on April 2nd and May 18 of 2021.  Those projects were put out to bid consistent with CDBG and Town policies.  Following is a summary of bid recommendations for each project based on bids submitted by June 11, 2021. 

 

Ø  2 and 4 Main Street.  Town Council approved $20,000 in grant funds to be matched by $20,000 contributed by the property owner, totaling $40,000 for the project to repair window “bump outs” facing Main Street and to prep and repaint the entire façade with oil-based stain.

·         Bid Received:  Dylan Walton, Walton Company LLC:  $39,875

·         Recommendation:  Award Bid to Dylan Walton for $39,875 contingent on work being completed by October 15, 2021

·         Award: $19,937.50

 

Ø  13 Main Street.  Town Council approved $9,500 in grant funds to be matched with $10,500 from the property owner for a total budget of $21,000 to replace siding and trim.

·         Bid Received:  LeClerc’s Carpentry:  $21,000

·         Recommendation:  Award Bid to LeClerc’s Carpentry for $21,000 contingent on work being completed by October 15, 2021

·         Award: $9,500.00

 

Ø  14 Main Street.  Town Council approved $7,500 in grant funds to be matched by the property owner for a total budget of $15,000 in October 2020 for façade repairs and repointing.  On May 18, 2021 Council approved a new scope of work including repairs to trim and door overhang and painting the rear of the building facing Route 196.

·         Bid Received:  LeClerc’s Carpentry:  $20,000

·         Recommendation:  Award Bid to LeClerc’s Carpentry for $20,000 contingent on work being completed by October 15, 2021

·         Award: $10,000.00

 

Ø  16 Main Street.  Town Council approved $7,050 in CDBG funds to be matched by $7,500 in private funds for a total budget of $14,550 to paint the Main Street facade, add signage and lighting, add visual improvements facing Route 196, and add a new overhead door facing Main Street.  Due to the timing of the project and need to install the overhead door as soon as possible, the overhead door was subsequently removed from the applicable scope of work.

·         Bid Received:  LeClerc’s Carpentry:  $19,500, including up $6,000 for signage and up to $4,000 for electrical work for façade lights.

·         Recommendation:  Award Bid to LeClerc’s Carpentry for $19,500 contingent on work being completed by October 15, 2021

·         Award: $9,750.00

 

Ø  58 Lisbon Street.  Town Council approved $8,000 in façade grant funding to be matched by $8,000 from the property owner to create a total budget of $16,000 to install new siding, man door, and garage door at Bob’s Auto to improve the appearance of the western gateway to Lisbon from Lewiston.  This project is located just outside the designated Slum & Blight area, but the project scope has been deemed consistent with the project scope by OCD staff, and therefore eligible for funding.

·         Bid Received:  LeClerc’s Carpentry:  $20,000  revised to 21,000

·         Recommendation:  Award Bid to LeClerc’s Carpentry for $20,000 contingent on work being completed by October 15, 2021

·         Award: $10,500.00

 

Mr. Richardson said these five projects include a total of $59,187.50 in façade grant dollars and $60,187.50 in private matching funds for a total investment of $120,375 for visual improvements in key areas of Lisbon.  Since the time that budget estimates were submitted with the applications for these façade projects and were approved by Town Council, construction costs for labor and many materials have risen.  Additional allocations of grant funds for the 14 Main Street, 16 Main Street, and 58 Lisbon Street are required to meet the 1:1 cost share.

 

Mr. Richardson said following these grant awards, $40,812.50 will remain available for new projects from the original Community Enterprise Program grant of $100,000.  All five property owners have been notified and would like to move forward with these projects as summarized above.  References for both contractors have been contacted and offered positive references for the LeClerc’s Carpentry and Walton Company LLC. 

 

Mr. Richardson recommended Council award the bids as recommended above, to allocate an additional $2,500 in grant funds for 14 Main Street, allocate an additional $2,500 in grant funds for 16 Main Street, allocate an additional $2,000 in grant funds for 58 Lisbon Street, and authorize Town staff to proceed to contracting and project implementation consistent with Town and State CDBG program guidelines.

 

COUNCILOR COMMENTS:  Councilor Albert requested these projects be supervised by a Clerk of the Works if that could be arranged using existing funding so the town could ensure the process and product will last on all of these projects.  

 

VOTE (2021-132) Councilor Albert, seconded by Councilor Larochelle moved to award the bids as recommended above, to allocate an additional $2,500 in grant funds for 14 Main Street, allocate an additional $2,500 in grant funds for 16 Main Street, allocate an additional $2,000 in grant funds for 58 Lisbon Street, and authorize Town staff to proceed to contracting and project implementation consistent with Town and State CDBG program guidelines.  Order passed – Vote 7-0.

 

 

WORUMBO MILL SURVEY RESULTS AND RECOMMENDATIONS

 

INTRODUCTION:  The Lisbon Development Committee (LDC) has coordinated a community visioning process for redevelopment of the former Worumbo Mill site with periodic guidance, authorizations, and funding allocations from the Town Council.  To inform the visioning process, Town Council authorized Downtown TIF funding and an RFP process to hire Acorn Engineering and Aceto Landscape Architects to prepare renderings of three different Worumbo development scenarios.  Each scenario is consistent with the Town’s Comprehensive Plan and Downtown Revitalization Plan.  All scenarios are designed to protect community green space and river views, enhance economic vitality with tasteful development, and connect Main Street to the River.  Various rounds of input on draft renderings include preliminary interdepartmental staff review, LDC review with guests from fellow Town Committees, Planning Board, and Town Council, and general public review and input via a community meeting and subsequent survey completed by 306 respondents.  This memo summarizes staff findings from recent public engagement and makes staff recommendations for next steps for Worumbo redevelopment planning. 

 

SUMMARY OF FINDINGS AND RECOMMENDATIONS

 

Ø  Finding 1:  A consensus of survey respondents prefer mixed use development as depicted in Scenarios 2 and 3.  69 percent of respondents selected Scenario 2 or 3 as their top choice and 82 percent of respondents selected Scenarios 2 or 3 as their second choice. 

 

Ø  Finding 2:  Data from this question asking which Scenarios that respondents could “live with” verifies Finding 1, specifically that a clear consensus (71 percent of the 503 Scenario selections) favors mixed use development equal to or greater than currently allowed under Village zoning.

 

Ø  Finding 3:  Survey respondents and meeting attendees prize the Worumbo site and the green space and river views that it offers.  While the community consensus appears to support mixed-use development at the site, careful design is necessary to compliment neighboring businesses, maintain river views and public access, and ensure that housing and commercial development is attractive.  The transition area between private development and community space must be clearly denoted to make explicit that the riverfront is an asset for all the people of Lisbon.

 

Ø  Recommendation 1:   The Town should commission a housing market study to understand the appropriate mix of housing that will create a financially viable project for a developer, while maintaining the high standards desired by the Lisbon community for the Worumbo site. Downtown TIF allocation:  $5,500.

 

Ø  Recommendation 2:  The Town should commission a parking study for the Worumbo site and adjacent areas within reasonable walking distance to ensure that future designs incorporate adequate parking for private development and public use.  Selection of the consultant should be informed by the likely future need for a traffic movement permit.  Downtown TIF allocation:  $7,500.

 

Ø  Recommendation 3. Following completion of the market study described above in Recommendation 1, the Town should issue a Request for Qualifications (RFQ) to identify a private developer whose goals closely align with the community’s vision, who is committed to incorporating reasonable community input during the design process, and who possesses the experience, track record, and financial wherewithal to successfully develop a tasteful, mixed-use attraction at Worumbo that will compliment the surrounding village and connect Main Street to the River. 

 

·      Successful redevelopment of the Worumbo site will require investments and improvements to adjacent public infrastructure, particularly pedestrian access, in addition to economically viable commercial and residential development. 

·      Coordinated design and construction of adjacent public and private facilities will increase the quality, speed, potential funding sources, and efficiency of redevelopment efforts. 

·      To that end, the RFQ process should be considered a tool to identify a private development partner for the purpose of entering a Joint Development Agreement (JDA), or similar instrument.

·      The JDA will specify the goals, scope, terms, roles, responsibilities, timelines, phasing, covenants, coordinated elements and oversight among others, to guide parallel public and private investment.

BACKGROUND ON REDEVELOPMENT SCENARIOS RENDERINGS. 

In February 2021, Council awarded the project to Acorn Engineering and Aceto Landscape Architects to depict the development scenarios ranging from:

1.  Light commercial development

2.  Mixed use development including commercial and residential housing as allowed under current Village zoning

3.  Larger mixed-use development that will require a relaxation of zoning standards to allow greater building height and reduce parking requirements

 

Green Space and River Views.

Consistent with findings from earlier rounds of public input and Lisbon’s Comprehensive Plan, all three scenarios preserve 3 acres or more of community green space, which is roughly equivalent to 2x the green space currently managed by the Town at the MTM Center.  To the extent possible, the scenarios seek to preserve views of the Androscoggin River from key vistas, including the eastern gateway from Topsham and Main Street.  Green space and river views were priorities repeatedly mentioned during community input as the renderings were developed over multiple drafts.

 

During the April and May LDC meetings, the Acorn/Aceto team shared draft renderings with the LDC, members of other Town committees, and members of the Town Council.  The consultants gathered feedback from the presentations and refined the renderings for general public input during a community meeting on Wednesday, May 26 at the MTM Center and via a subsequent survey.  Following is a summary of the findings and recommendations based on public input received to date.  Aggregated data and anonymous written comments are included in the Council packet.

 

PUBLIC MEETING FINDINGS.

The community meeting at MTM Center on May 26th featured presentation of the redevelopment renderings and break-out groups for participants.  An LDC member was present at every table to help facilitate the conversation.  Break out groups discussed the renderings, identified a general consensus for the preferred option, and identified alternative options that the group could “live with.”  The general consensus supported by attendees roughly mirrored the survey findings below:  Roughly one third of attendees strongly favored Scenario 1 with design improvements, while a broader consensus among attendees landed approximately at Scenario 2.

 

Survey Results.  Based on 306 responses.

·   QUESTION:  Rank the three renderings in order of preference.

o Summary of Responses

o 42 percent (127 respondents) prefer relaxed zoning to promote density per Scenario 3.

·   23 percent (71 respondents) selected Scenario 3 as their second ranked preference.

o 32 percent (98 respondents) prefer limited commercial development per Scenario 1.

·   18 percent (54 respondents) selected Scenario 1 as their second ranked preference.

o 27 percent (81 respondents) prefer mixed-use development per Scenario 2.

·         59 percent (181 respondents) selected Scenario 2 including residential as their second ranked preference.

 

Ø   SURVEY FINDING 1:  A clear consensus of survey respondents prefer mixed use development as depicted in Scenarios 2 and 3.  69 percent of respondents selected Scenario 2 or 3 as their top choice and 82 percent of respondents selected Scenarios 2 or 3 as their second choice. 

 

 

  QUESTION:  Select the scenarios below that you could "live with" if the private development were undertaken by a developer who partnered with the Town to achieve a site design with ongoing community input to meet the Lisbon community's goals.

o Summary of Responses

o A total of 503 selections were made across the three Scenarios by the 306 respondents, or an average of 1.64 selections per respondent.

o Scenario 1:  29 percent (144 selections) of the total 503 selections support limited commercial Development.

o Scenario 2:  37 percent (188 selections) support mixed-use development under Village zoning.

o Scenario 3:  34 percent (171 selections) support relaxed zoning to support denser mixed use.

 

Ø SURVEY FINDING 2:  Data from this question generally verifies Finding 1, specifically that a clear consensus (71 percent of the 503 Scenario selections) favors mixed use development equal to or greater than currently allowed under Village zoning.

 

  QUESTON:  Is there anything else that you would like to add about redevelopment of the Worumbo site?

o Following is a general summary of comments.  The full tabulation of comments is included in this Council packet.

·   The Worumbo site is very important to the community

·   Protect green space for community access

·   Adequate parking must be provided

·   Views of the River must be maintained

·   Get the property back on the tax rolls

·   The community needs housing

·   Make sure the housing is high-quality

·   Housing is not compatible with community green space

·   Enhance views of the river by adjusting building locations and massing as necessary

·   Proceed slowly with the redevelopment process and continue opportunities to provide input along

·   the way

 

VOTE (2021-133A) Councilor Larochelle, seconded by Councilor Albert moved to put this item on hold and to not move forward at this time so the town can get more ideas and use resources we have to figure out what we are doing first. 

 

Councilor Albert explained there is a large migration from Southern Maine moving this way.  It is a relatively easy commute, these individuals are used to the city life, but not having to make that drive.  Maybe these folks didn’t get a chance to voice their opinions and maybe the town is moving on this too fast.  He said none of the current proposals look right to him.  He said he was reluctant to spend money on surveys now.

 

Councilor Ganong asked how long until we are ready to move forward.

 

Councilor Larochelle said this spot is beneficial to the community as it is, families are hanging out there on Monday evenings and enjoying the space now.  He said he wanted to make sure what happens there is right and that this community has an opportunity to bless the decision with a vote.

 

Councilor Ganong said he didn’t want this to become green space only, that this is a big lot, bringing customers within walking distance to downtown, and that new hires at BIW are having trouble finding housing right now.  This is a gem of a site.  He recommended giving Mr. Richardson the tools to shape this lot and to move forward quickly on it.

 

Councilor Kolbe said a study will not hurt anything, and to wait could be a missed opportunity to make an impact on our community in a positive way.  

 

Councilor Fellows suggested the town could put limits on what a developer could do.  He recommended moving forward with an RFQ.  He said the town could get public access, residential housing, and commercial space, all within the same spot.  We need a developer we can set limits for a partner, which is the way to go.  Building housing near downtowns and services was highly recommended recently in the Maine Town & City Magazine.

 

Councilor Albert suggested the buildings be placed up against the back wooded area to protect the waterfront views from the street and downtown area.

 

Councilor Lunt indicated both surveys would be useful, whether or not we go forward with the RFQ piece.  He recommended the town move slowly to make sure we maintain the wonderful view from the street and downtown as well.  It’s important to keep that corner view open and viable from Route 196, he said. 

 

Councilor Ward said the town needs to know the answers to Questions 1 and 2; that’s beneficial information.  This site has value.  Doing nothing is unacceptable.  The town needs to grow its tax base.  In the Railroad’s situation, how do we come out on the other side of this situation with them not being disadvantaged by what happens here.  The town needs to ensure this location has the proper infrastructure it needs; that could be a wider Canal Street to address the overflow traffic.  The town needs answers to move forward.   

 

Councilor Larochelle agreed that those studies would be worthwhile and offered to withdraw his motion (2021-133A). There were no objections noted by the rest of the Councilors.  Councilor Larochelle withdrew his motion.  Councilor Albert withdrew his second.  Motion for VOTE 2021-133A withdrawn.

 

VOTE (2021-133B) Councilor Ganong, seconded by Councilor Kolbe moved to move ahead with Recommendation 1, 2, and 3 to authorize the Town Manager to commission a housing market study to understand the appropriate mix of housing that will create a financially viable project for a developer, while maintaining the high standards desired by the Lisbon community for the Worumbo site.  Downtown TIF allocation:  $5,500 and to commission a parking study for the Worumbo site and adjacent areas within reasonable walking distance to ensure that future designs incorporate adequate parking for private development and public use.  Selection of the consultant should be informed by the likely future need for a traffic movement permit.  Downtown TIF allocation:  $7,500.,  and following completion of the market study described above in Recommendation 1, the Town should issue a Request for Qualifications (RFQ) to identify a private developer whose goals closely align with the community’s vision, who is committed to incorporating reasonable community input during the design process, and who possesses the experience, track record, and financial wherewithal to successfully develop a tasteful, mixed-use attraction at Worumbo that will compliment the surrounding village and connect Main Street to the River.   Order passed - Vote 6-1 (Opposed: Larochelle).

 

 

ENTREPRENEUR HUB MEMORANDUM OF UNDERSTANDING

 WITH THE MASONIC LODGE

 

INTRODUCTION:  With support from Maine Community Foundation (MCF) and Maine Downtown Center, Lisbon has been developing an entrepreneurship initiative over the last several months to support early stage local businesses.  During the initiative’s planning phase, local businesses provided input to identify various needs and opportunities to create a strong support network for Lisbon entrepreneurs.  A lack of start-up space, limited business development programming, an absence of physical “third spaces” where entrepreneurs can network and share ideas, and a lack of events and gatherings to celebrate local business leaders were recognized as key gaps.  To address these gaps, the local planning team identified implementation projects, including development of an “entrepreneurship hub.”  The Town Council approved a proposed budget and project list during their meeting on March 2, 2021, including a budget of $47,500 to advance development of an entrepreneurial hub in a village area of Lisbon.  Lisbon’s Ancient York Lodge and ECD have identified a mutually beneficial partnership to transform the first floor the Ancient York Lodge at 5 Oak Street into the “hub.”  The Lodge is a classic structure with a prominent façade that is highly visible from Route 196 and Main Street.  A feasibility analysis from Main Street America’s Matt Wagner is included in this Council packet.

 

Jesse Zack of the Town’s Finance Committee is assisting with the development of a business plan and pro forma for the hub.  The Lodge’s first floor layout naturally lends itself to three highly relevant uses that will be offered to local entrepreneurs at affordable rates:  1) A co-working space with conference room(s); 2) Pop-up retail and short term business incubator spaces; and 3) Commercial kitchen space for café/coffee shop and/or shared use kitchen for food entrepreneurs.  Planning is underway to kick-off the hub’s opening by hosting entrepreneur programming featuring a free Digital Advertising Boot Camp during winter 2022.  MCF recently awarded an additional $13,000 to the Town to host the Boot Camp, which will train local entrepreneurs on how to employ web-based advertising to grow sales and revenue.  The Boot Camp will bring immediate foot traffic.  Funds are available from the MCF entrepreneurship grant to develop the hub, including to conduct due diligence, fit-up the space for intended uses, purchase equipment, and subsidize management during initial months as membership builds.  Preliminary due diligence, including building inspections, design services, and ongoing planning will be necessary to formalize the partnership.  The Ancient York Lodge has agreed to enter into a Memorandum of Understanding (MOU) with the Town to guide development of the hub at 5 Oak Street.  The MOU will document shared understandings about the partnership and create the basis to spend grant funds to prepare to launch.

 

Mr. Richardson recommended Council authorize the Town Manager to develop and enter into a Memorandum of Understanding with Ancient York Lodge 155 A.F & A.M memorializing shared understandings around building improvements and use, cost-sharing, terms, upkeep, and management to develop an entrepreneur hub and incubator at the Lodge’s Oak Street facility, and to proceed with due diligence and development as previously approved by Council.

 

COUNCILOR COMMENTS: John Wierzbicki from the Masonic Lodge introduced himself and said he would be happy to answer questions.   

 

VOTE (2021-134) Councilor Larochelle, seconded by Councilor Albert moved to authorize the Town Manager to develop and enter into a Memorandum of Understanding with Ancient York Lodge 155 A.F & A.M memorializing shared understandings around building improvements and use, cost-sharing, terms, upkeep and management to develop an entrepreneur hub and incubator at the Lodge’s Oak Street facility, and to proceed with due diligence and development as previously approved by Council.  Order passed - Vote 7-0.

 

 

AMENDMENT TO FEE SCHEDULE

 

INTRODUCTION: Mr. Stevens recommends the Council adopt an amendment to allow Active Duty Military Members free entrance to Beaver Park.  This amendment proposed is as follows:  

 

 

PARKS AND RECREATION

30-90

Beaver Park fees:  

Day use, per person per day:

Residents of Lisbon

2.00

Non-residents

4.00

Children three and under

Free

Veterans

Free

Active Duty Military Members

Free

 

 

 

 

VOTE (2021-135) Councilor Fellows, seconded by Councilor Albert moved to amend the Fee Schedule to include Active Duty Military Members free entrance to Beaver Park.  Order passed - Vote 7-0.

 

 

sOLICIT BIDS FOR CAPITAL ITEMS APPROVED BY COUNCIL

 

INTRODUCTION:  The Town Manager and Department Heads requested permission to solicit bids for the following Capital items/projects approved by Council and funded through unassigned fund balance or TIF revenue: Lisbon Falls Fire Department Generator, ET Smith Generator, Lisbon Falls Fire Department Boiler, Lisbon Falls Fire Department Electrical Work, Fire Station Study, Traffic Light Cameras, Library Heating & Cooling Pumps, Transfer Station Roof (Re-pitch), Public Works Garage Generator, Public Works (Transfer Station) Forklift, Public Works Excavator, Public Works 20-ton Trailer, Public Works 3/4 ton Truck, Parks & Recreation Trucks (2), Police Department Cruisers (2), Police Department Bullet Proof Vests, Police Department Portable Radios, and Waste Water Treatment Plant ¾ ton 4x4 Truck.

 

VOTE (2021-136) Councilor Larochelle, seconded by Councilor Ganong moved to authorize the Town Manager and Department Heads to solicit bids for the following items:

 

Lisbon Falls Fire Department Generator

ET Smith Generator

Lisbon Falls Fire Department Boiler

Lisbon Falls Fire Dept Electrical Work

Fire Station Study

Traffic Light Cameras

Library Heating & Cooling Pumps

Transfer Station Roof (Re-pitch)

Public Works Garage Generator

Public Works (Transfer Station) Forklift

Public Works Excavator

Public Works 20-ton Trailer

Public Works 3/4 ton Truck

Parks & Recreation Trucks (2)

Police Department Cruisers (2)

Police Department Bullet Proof Vests

Police Department Portable Radios

Waste Water Treatment Plant ¾ ton 4x4 Truck

 

Order passed - Vote 7-0.

 

 

AWARD BiD FOR GRAZiANO PARK FENCING

 

INTRODUCTION:  Town of Lisbon, Parks and Recreation Department sent a request for bids for fencing materials for Graziano Square.

 

Bids were sent on June 01, 2021, to all companies wanting to submit.  The cut off time for submission of all sealed bids to the town was June 15, 2021 @ 11:00 am.

 

The companies that were sent a request for bids were Pine Tree Fence, Cyr Fencing, Maine Line Fence, Aroostook Fence, Burns Fencing, Wallingford Fencing, Atlantic Fencing Company, Alder Stream Fence, McLaughlin Fence, Gorham Fence and Anchor Fence Maine.

 

In order, the only bids received and opened are as followed:

 

1.   Pine Tree Fence - $19,850.00 (Total Bid)

     $16,850.00 (Materials)

     $3,000.00 (Install)

 

2.  Cyr Fencing - $16,595.35 (Total Bid) Recommended

     $10,706.40 (Materials)

     $5,888.95 (Install)

 

Pine Tree Fence gave a consolidated figure for material and install in their RFP. Raymond Soucy, Public Works Administrative Assistant, called to confirm the amounts for Material and Install to ensure accuracy in the bidding process which are broken down above.

 

After thorough review of our two submitted bids, Mr. Cyr recommended Council award the winning bid to Cyr Fencing as they submitted the lowest bid.  All work performed will meet our specification needs.  The remaining funds in the Rt. 196/Davis Street reserve will cover the cost of this project.

 

VOTE (2021-137) Councilor Larochelle, seconded by Councilor Albert moved to award the Fencing Bid for Graziano Park to Cyr Fencing in the amount of $16,595.35 to come out of the funds remaining in the Rt. 196/Davis Street reserve.  Order passed - Vote 7-0.

 

 

AWARD BID FOR ROAD STRIPING

 

INTRODUCTION:  Mr. Cyr reported the Town of Lisbon, Public Works Department sent a request for Bids for Road Striping.  Bids were sent on May 06, 2021, to all companies wanting to submit.  The cut off time for submission of all sealed bids to the town was June 15, 2021 @ 10:00 am.  The companies that were sent a request for bids were Elite Road Markings, Hi-way Safety Systems, Lucas Striping and On-The-Line Inc.  In order, the bids received and opened are as follows:

 

1.  Lucas Striping - $24,571.00 Recommended

2.  Elite Road Markings - Did not submit a Bid

3.  Hi-way Safety Systems - Did not submit a Bid

4.  On-The-Line Inc - Did not submit a Bid

 

Mr. Cyr recommended Council award the bid to Lucas Striping, since it was the only bid and they have conducted this work for the town previously and do a great job.  All work performed will meet our specification needs.  This will be funded through the Public Works budget line R & M Streets.

 

VOTE (2021-138) Councilor Larochelle, seconded by Councilor Ganong moved to award the Bid for Road Striping to Lucas Striping in the amount of $24,571.00 to be funded through the Public Works budget line R & M Streets.   Order passed - Vote 7-0.

 

 

MAINE POWER OPTIONS FUEL BID

 

INTRODUCTION:  Mrs. Barnes reported that the Town of Lisbon requested to participate in the Maine Power Options (MPO) Fuel Program for our supply of fuel oil, propane, diesel, and gasoline from October 1, 2020 thru September 30, 2021 for applicable Town buildings.  MPO plans to pull together pricing for a potential bid on June 23 or June 24.

 

VOTE (2021-139A) Councilor Fellows, seconded by Councilor Ganong moved to authorize the Town Manager to participate in the MPO Fuel Program and to enter into a contract for the best pricing.  Order passed - Vote 7-0.

 

 

OTHER BUSINESS

 

A.     COUNCIL COMMITTEE REPORTS

 

1. School: Councilor Albert said 66 students graduated from Lisbon High School this year.  He commended the staff and all who worked for the school department for helping to make this past year as normal as possible. 

 

2. Planning:  Councilor Fellows said the Planning Board processed Kelly Park and several other items two weeks ago.  They meet this Thursday night. 

 

3. LDC: Councilor Larochelle said Council has already heard tonight from the LDC group.  He mentioned he was withdrawing as Primary Liaison from LDC since he cannot make most of their meetings. 

 

4. Conservation Commission:  Councilor Ward said their meeting was cancelled for tonight.

 

5. Recreation:  Councilor Albert mentioned the Council approved the fence project for Graziano Park.

 

6. County Budget:  Councilor Ward said he had nothing to report.

 

7. Library: Councilor Lunt said the Summer Reading program is going on.

 

8. Water Commission: Councilor Fellows said the Water Department finished installing a yard hydrant at the Gazebo across from the Lisbon High School.  The Bauer Memorial plaque is expected to be going up soon. 

 

9. Finance Committee: Councilor Albert said this group is working on the transfer station issue.  Their next meeting will be at the end of the month.

 

 

B.      TOWN MANAGER’S REPORT

 

Mrs. Barnes thanked the Council for passing the municipal budget and Capital Improvement Plan.  She commended staff for their hard work this past year; keeping the office open during the pandemic and establishing new ways to transact business.   

 

Councilor Ward suggested putting together an Employee Appreciation Plan for this year, if one is not already done.      

 

C.      Department head written reports - none

 

D.     fire department staffing update

 

Chief LeClair reported the upcoming budget funded either 3 staff per diem or 1 full time person.  He suggested the town go with one full-time person who can respond to emergency calls, maintain the apparatus and equipment, complete required documentation as needed, and assist with inspections in town.  An EMS certificate at an EMR level is required.  Councilor Larochelle said this is moving Lisbon forward in the right direction.

 

Chief LeClair mentioned their annual Fire Department banquet is set for tomorrow evening in the Council’s Chambers where the Fire Chief would be giving out awards again, like in previous years. 

 

VOTE (2021-139B) Councilor Ward, seconded by Councilor Albert moved to hire one full-time firefighter for the Lisbon Fire Department.   Order passed - Vote 7-0.

 

 

E.      ms4 sTORMWATER uPDATE

 

Mrs. Barnes reported the MS4 Stormwater update is in the Council’s packet, which has to be delivered in a public setting.  She requested Councilors do the required survey by hitting on the link she provided in an earlier email.  She indicated she would send the link again.

 

APPOINTMENTS

 

ANNUAL RENEWAL APPOINTMENTS AS FOLLOWS:

 

VOTE (2021-140) Councilor Kolbe, seconded by Councilor Albert moved to appoint the following:

 

Miriam Morgan-Alexander

to the Assessment Review Board 3 Year Regular Member

Richard Main

to the Board of Appeals 3 Year Regular Member

David Mailhot

to the Cemetery Committee 3 Year Regular Member

Heather Ward

to the Finance Committee 3 Year Regular Member

Michael Crosskill

to the Library Governing Board 3 Year Regular Member

Claire Paquette

to the Library Governing Board 3 Year Regular Member

Lisa Ward

to the Planning Board 3 Year Regular Member

Shaun Carr

to the Planning Board 3 Year Regular Member

Pat Maloy

to the Planning Board 3 Year Associate Member

Tim Carville

to the Recreation Committee 3 Year Regular Member

Lindsay Larochelle

to the Recreation Committee 3 Year Regular Member

 

Order passed - Vote 7-0.

 

NEW APPOINTMENT TO ETHICS PANEL

 

VOTE (2021-141 Councilor Kolbe, seconded by Councilor Ganong moved to appoint David Dube to the Ethics Panel to 2024.  Order passed - Vote 7-0.

 

 

APPOINT E911 ADDRESSING OFFICER

Amy Wiers

 

VOTE (2021-142) Councilor Fellows, seconded by Councilor Ganong moved to appoint Amy Wiers the new E911 Addressing Officer for Lisbon.  Order passed - Vote 7-0.

 

RE-APPOINT VOTER REGISTRAR – TOWN CLERK

Twila Lycette

 

VOTE (2021-143) Councilor Kolbe, seconded by Councilor Ganong moved to re-appoint Twila Lycette, the Registrar of Voters for Lisbon.  Order passed - Vote 7-0.

 

 

COUNCILOR COMMUNICATIONS

 

Councilor Kolbe reported she was trapped in traffic at the recent Route 196 accident.  She said she witnessed our staff performing a very professional job while at the accident during the two hours she was there this afternoon.  This is the second accident between Angelo’s Restaurant and Dingley in the past couple weeks.  She suggested the town contact the state to do something to reduce the speed in this area if possible.

 

Councilor Ward praised Springworks for putting on such a nice open house to show off their new 40,000 square foot addition.  They are doing huge things here in Lisbon delivering Organic Greens from five Hannaford stores to 186 Hannaford stores now.  Great things are happening in Lisbon.   

 

 

AUDIENCE PARTICIPATION & RESPONSE FOR NEW ITEMS – NONE

 

EXECUTIVE SESSION - NONE

 

ADJOURNMENT

 

VOTE (2021-144) Councilor Kolbe, seconded by Councilor Albert moved to adjourn at 10:30 pm

 Order passed - Vote 7-0.

 

 

 

 

__________________________________

Twila D. Lycette, Council Secretary

Town Clerk, Lifetime CCM/MMC

Date Approved: July 13, 2021

 

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