TUESDAY, MARCH 11, 2003 - MUNICIPAL CENTER 7:00 PM
CALL TO ORDER
The meeting was called to order by Chair Hopkins.
ROLL CALL
Councilors present: Christy, Hopkins, Lymburner, Nesbitt, Pomerleau, and Simpson. Councilor Spencer was excused.
MINUTES OF PREVIOUS MEETING (S)
Moved by Christy Seconded to accept the minutes from the February 11th and 25th meetings. Councilor Simpson noted that on page 19 of the February 11 minutes there is a typo regarding the vote on order 23-03, it should read 3 Yeas and 3 Nays. Councilor Nesbitt noted the in the discussion on economic development the name should read Caroline Allum. The minutes were approved as amended by unanimous consent.
PETITIONS AND COMMUNICATIONS
The Chair asked if there were any petitions or communications.
The Clerk said that she had not received any.
The Manager said that the Council had received a letter from Kathleen Bell regarding the policy enacted by the Water District that charges an application fee and permit fee to Standish groups that want to use Water District land. In particular, the non-profit group wanted to use the parking area for a fundraiser and was charged a fee by the Water District. Her question to the Council was why was there a need for the fee?
He said that there was a letter received from the Standish Historical Society asking for Council consideration in donating the old Town Hall to the Historical Society. They have space needs; they have run out of space at the Red Church for storing things and it's difficult for them to get upstairs to view their collection.
Mr. Billington explained that the Town received two letters from Adam Mack both were regarding the subject of the boat launch and beach proposals the Town was considering. Mr. Billington explained that the letters were on file with his secretary.
REPORT OF THE TOWN MANAGER
Mr. Billington explained that the Department head report should have been presented by the Code Officer, he unfortunately is out with a torn Achilles tendon and won't be back for another month at the earliest. In the mean time the Alternate Code Officer, Peter Arnemann will present the Code Department this evening. He said that before that he wanted to update the Council on a few items. Mr. Billington explained that Fire and EMS have been extremely busy in the first two month of this calendar year. He said that normally winter is a quite time for Fire and EMS but there has been a dramatic increase in requests for calls. There have been 270 calls in the first two months. He said that this pace can tend to wear out a call company. He explained that the Town was pretty proud of one of the call that they
responded to on February 14. It was a house fire on Shore Road. The temperature at the time was -27ø and that poses a lot of problems for the people that are battling the fire as well as for the equipment. Pumps tend to freeze up, water tanks can burst. You have to be very diligent to keep the pumps warm. Cycling the equipment in and out of a heated facility such as Central Station helped. He went on to explain that the Public Works Department responded as well and brought portable heathers. Mr. Billington explained that the Town doesn't own these heaters so two individuals brought their personal heaters to keep the equipment warm. He went on to say that Standish Hardware also donated a heater for that purpose that morning. He went on to say that three firefighters were transported to the hospital. The response to the fire was extremely quick. They were unable to save the building but they were able to save quite a bit of the furnishings. The homeowner showed his gratitude by
donating to the thermal imaging camera fund.
A couple of other items, Public Works is planning to post town roads when the roads start to thaw. The roads will be posted on March 17. He went on to say that it has been extremely cold throughout this winter. When the temperature goes above 32ø heavy truck traffic will be prohibited from posted town roads. Mr. Billington went on to explain that Greater Portland Council of Governments has contacted us regarding the salt that we procure through them. In the past we have obtained the salt on the market ourselves but by using COG we are saving about $3.68 per ton. He said that their supplier due to the heavy demand is out of salt. Another shipment won't be available until March 17th. Mr. Billington said that Roger has told him that we have enough salt on hand for two more storms. If we need more than
that we may have to go to a suppler in Portsmouth. Our contract with COG says if we have to go elsewhere they will compensate for the increased price.
Br. Billington said that Mary said that elections are coming up in June. There are several open seats, two on the Council, two on the Planning Board, one SAD 6 Director seat and the nine member Budget Committee seats. He said that interested persons are encouraged to take out nominations papers on March 17th.
Peter Arnemann the Assessor and Alternate Code Officer said that he would present the report of the office. He explained that this is a busy time both for Code and Assessing Office where all the properties have to be cataloged. It is same time where developers and homeowners are thinking about their projects. He said that depending on what happens with Dan he may need some help. He said that in general the job of the Code Office is to see that the Code is enforced. He reviews permits as the come in, makes the necessary inspections on construction. He said that a new house will have a minimum of seven inspections. He said that when a structure is finished the Code Officer issued a certificate of occupancy or CO. He said that there is a lot of misconception on what a CO is. Some people think that it is the
Good Housekeeping Seal of Approval on a house and that is really a fine structure. When in fact what it means is the house meets minimum standards. Those standards would be found in the BOCA Code. For example the roof structure can be made of chipboard on 24" centers. He said to him that is pretty minimal but it meets code. It is more safety issue that they look at, for example proper egress from rooms, smoke detectors, and ground fault protect, and the stairways built properly. The Code Officer does inspections for Victualers licenses and attempts to enforce the junkyard ordinance. He said that they are often asked to investigate unsanitary and unhealthy living conditions. This is something that the Sheriffs Department discovers. This is not really the province of the Code officer but it is the Health Officer. Unfortunately, the Town doesn't have ordinance to cover this situation. He said that we are coming off four strong years of housing starts with about one hundred starts
per year. He said that this year isn't over but for a variety of reasons permits are down. He said that the main reason is that the existing subdivisions are build out. In addition the hard winter and pending war. It is estimated that we will do about 42-house permits year. He said that inn the Code Office we see constant traffic. He said that if you look at 42 house starts and the fact that we have 4,400 residential properties that is really only a one per cent growth rate. He said that even in our boom year when we were doing 80 - 100 starts we were only talking about a two percent growth rate. He said that in the spring there will be two small subdivisions coming on line. There has been talk about others but it takes about a year to go through. He said that before Dan was injured he lobbied to have the Council raise the fees.
Councilor Lymburner asked what the filing deadline for nominations papers?
The Clerk said that the filing deadline is April 25th. She went on to explain that people will have forty days to circulate the paper that require at lease twenty-five signatures.
Councilor Lymburner asked Mr. Billington if Standish Hardware had been thanked for the use of their heater?
Mr. Billington said that would be a good thing to do.
PUBLIC HEARINGS
37-03 Application Submitted by Oak Hill Bar and Grill, Inc. for a New Special Amusement Permit [Hopkins]
Chair Hopkins asked if the application was complete?
The Secretary said that it was.
After a Public Hearing without additional Council or public discussion the hearing was closed.
VOTE: 6 Yeas - 0 Nays
38-03 Application Submitted by Oak Hill Bar and Grill, Inc. for New Personal/ Commercial /Industrial Hauler License [Hopkins]
Chair Hopkins asked if the application was complete?
The Secretary said that it was.
Councilor Pomerleau asked what is permit?
The Secretary explained that it allows that business to use the transfer station.
After a Public Hearing without additional Council or public discussion the hearing was closed.
VOTE: 6 Yeas - 0 Nays
39-03 Application Submitted by James Para dba Standish House of Pizza for Renewal of a Malt Restaurant License [Hopkins]
Chair Hopkins asked if the application was complete?
The Secretary said that it was.
After a Public Hearing without additional Council or public discussion the hearing was closed.
VOTE: 6 Yeas - 0 Nays
40-03 Application Submitted by Michael Baptista and Elaine Burnham dba Acres of Wildlife for Renewal of a Malt, Spirituous and Vinous Campground License [Hopkins]
Chair Hopkins asked if the application was complete?
The Secretary said that it was.
After a Public Hearing without additional Council or public discussion the hearing was closed.
VOTE: 6 Yeas - 0 Nays
Fiscal Year 2004 Municipal Budget Public Hearing
Mr. Billington explained the budget process. He said that the Charter calls for the Manager to develop a budget and provide that budget to an elected Budget Committee and to the Council fourteen days before the March meeting and then hold a Public Hearing at the March meeting. He said that the budget will be introduced tonight, and then turned over to the Council and in turn the Finance Committee will review it. The Council will go over the budget in a series of meetings then they will recommend the budget and forward that to the Budget Committee. The Budget Committee will have fourteen days to review it and make any recommendations back to the Council. Mr. Billington explained a quick overview of the financial condition of the Town. Mr. Billington presented a power point presentation that pointed the
priorities. He said that a look at our financial condition shows a snapshot that is taken once a year by the auditor. He explained that we have to have our books audited by an agency each year and the snapshot they take is the close of the fiscal year. He said that some of the items that he would point out are that in 2002 the fund equity was $2,686,000, which was made up of unreserved undesignated fund balance of $2,200,000. Another $254,000 in designated funds for subsequent years plus a reserve of $167,462. Those are reserved for a specific purpose. He said that we estimate that this year we will add another $600,000 to the fund equity which is $400,000 in excess revenue, $100,000 in unexpended appropriations and $100,000 in unused overlay for a total projected fund equity balance for June 30, 2003 of $2,863,402. He said that we plan through this budget to draw $37,000 from reserve funds, $562,000 from undesignated funds to pay for one time expenditures of revaluation and capital
item and to utilize the excess overlay like last year to maintain the municipal mil rate. That would leave a projected fund equity balance for June 30, 2004 of $2,431,864. $2,300,000 of that will be in undesignated, plus $130,462 in reserve funds. He said that's the financial condition of the Town. He said to go on to budget priorities, these priorities reflect recommendations that come from the standing committees of the Council on Personnel, Capital Improvements, the Ad-hoc Committee on Roadway Planning and recommendations from the Finance Committee. He said that wage and benefits adjustments recommended by the Personnel Committee are in the current budget. The property revaluation that is being proposed is there to protect our municipal revenue sharing and general purpose aid to education. He said if our overall valuation drops below 70% we do stand to loose state funds to the town both for general purpose aid to education and revenue sharing. In addition we have several
inequities in the current tax structure. In certain classes of properties are valued at the mid-50's in the percent of valuation others are up in the high 70 %, so that is an inequity in the way the tax is currently apportioned across the taxpayers. A revaluation would address that. He explained that the Capital Improvement program regarding vehicles is looking at Rescue One which is the primary ambulance, Engine One which has a badly rusted frame, two public works plow trucks, a front end loader and a grader. The last item comes from the two-year initiative that has investigated our roadway network and recommends formalizing the roadway plan which will establish municipal rights to a planned grid which was proposed by the Proprietors of the Town in 1775. A quick look at this year's budget shows that there was a net reduction in expenditures of $583,000. There are also reductions in non-property tax revenue of $710,000 and the projected municipal mil rate will remain flat. He went
on to say that a quick look at the mil rate trends in the Town since 1994 to 2004 shows that the municipal mil rate has stayed below 5 mils for about 10 years now. He said that you can see a peak there when the law suit that we had with the Water Distinct that was lost at the State Supreme Court. He said that you will also see a spike the following year when Frye Island seceded from the Town. He said that generally speaking the Town has maintained the mil rate in the high 3-mil range for about 10 years now. At the same time the total taxes for the Town have gone from a mil rate of $14 mils in 1994 to last year where it was $20.48. He went onto say that the mil rate is based on a 70% valuation. So the true mil rate at 100% valuation or a true mil rate of about $14 mils. He said to look at the expenditure trends for municipal government these fund groupings are in the same manner that the auditor does in an annual basis. If you go to the audit report for the Town of Standish you will
see that they put fund groupings together, such as general government which is comprised of Assessing, Code Enforcement, Planning, Appeals Board, General Administration, Building Maintenance, Town Council, Town Clerk, Finance, Employee Benefits and Insurance. He said that you will see an increase in there and that reflects the proposed revaluation that is in this budget and the increases to medical benefits. He said that in the Public Safety area you will see an increase that reflects the increased demand that we've seen in Fire and Rescue services during this past year. He said that in Capital reflects the three-year road improvement bond. In this year we are limiting our Capital to vehicle replacements according to the 10-year plan. He said that you'd see an increase in Community Services because there has been an increase in the need for General Assistance. When people come and qualify for services they are entitled to receive them according to the State guidelines. He explained
that we will be over budget in that this year and that line is only one by law that we can overdraw without Town approval. He said that concludes the introduction to the budget.
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Councilor Simpson said that as Chair of the Finance Committee that the Manager has done an excellent job this year in keeping the mil rate flat. But at the same time not turning our back on the town's infrastructure. He went on to say that Gordy should make sure that people understand that even though we keep our mil rate flat that increase that we have seen over the last couple of years has been because of school and county budgets. He went on to say that we have no control over those budgets. He said that we have no control over the County budget. He went on to say that as far as the school goes the people have the control when they vote for the school budget. He said don't blame the Council if the school budget causes our mil rate to go up. He said that he wanted to congratulate the Manger on behalf of
submitting a budget that is very austere and very flat. He said that since he has debated the budget someone should send it to the Finance Committee.
Moved by Christy Seconded and Voted to send the Mangers proposed budget to the Budget Committee.
Councilor Lymburner asked when public would be given the opportunity to speak on the budget?
Mr. Billington said that there will be another opportunity for the public to comment. He said that it if we follow the process as we did last year each of the Council review sessions will be taped and go on live television. There will be the opportunity to monitor it or attended the individual hearings. When the Council approves a budget to move on to the Budget Committee they will have to do that through a Council meeting where there will be the opportunity for the public to comment.
Councilor Lymburner then asked that he explain the term 'public hearing' to her, she said what does that mean as far as tonight.
Mr. Billington explained that notice was given to the public that the topics will be discussed. Mary makes newspaper ads to get the word out. That gives them an opportunity to comment on the substance of the topic. He said that opportunity was given to them tonight. There will be more opportunities as we go through the budget.
Councilor Lymburner said that was her question, would the public be allowed the opportunity to comment on the budget tonight? She said that she did have some questions and was interested in hearing what the public had to say. She said that it had been mentioned earlier that the budget would be turned over to the Budget Committee, is that correct?
Mr. Billington said that 14 days prior to this hearing copies of the budget are given to the Budget Committee and the Council per the Charter. He went on to say that there has not been a Budget Committee up until this evening if you vote to appoint a committee.
Councilor Lymburner said that the Charter also says that today that you present the budget to the Council and the Budget Committee.
Councilor Christy said that since there is not a Budget Committee that is why it is this way. If they are so nominated tonight they can pick up a budget.
Mr. Billington said that last year you appointed the Budget Committee at the April meeting.
Councilor Lymburner said that she remembered that it was later in the process last year. She said that was one of her questions was if the Budget Committee was appointed tonight will they start.
Mr. Billington said that they will have to come to Mary and get sworn in before they are actually members of the Committee.
Councilor Lymburner said that when you presented the Capital outlay the expenditures have certainly decreased this year in what we will spend. She went on to ask about the bond that we took out last year. She said that it was for expenditures over a three-year period. She said in order to get a true picture of the Capital outlay for this year shouldn't the amount of be in this years into this years figures?
Mr. Billington said that those were authorized in last years budget and you have up to three years to spend the funds. He said that they were included in last years budget.
Councilor Lymburner said that she would like to have that information for her own information. She went on to ask if SAD 6 had any kind of a working draft of numbers, do we have any information on what they are working on?
Mr. Billington said that he was not aware of any information from them. He said that he had attended the meeting when they introduced their budget to the legislative representatives and local officials. He said that he the remembered that they were going to establish a goal to have a 0% increase in this year's budget. He said that he didn't know where the currently were.
Councilor Lymburner said that was a wonderful thing to hear. She then asked what the role of the Budget Committee would be this year? She said that she recalled several years ago when we were doing the budget and met at the Steep Falls Fire Barn. She said that we met with the Finance Committee and full Council and Budget Committee members were there. The Budget Committee members were allowed to ask questions from the beginning. She said that she thought that process worked very well. She said that it didn't cause any conflict; any ideas that came up were discussed right away. At the end they brought forward about seven recommendations most of which were adopted. She said that she though that process went very well and would like to see that continue.
Councilor Simpson explained that there were copies of the budget available at the table near Peter.
Councilor Nesbitt said that during the interview process, several of the applicants made comments of the frustration of not being part of the process from the start. He said that he would second Dolly's comments that the Charter infers that the Budget Committee should be involved or have the opportunity than just strictly getting a piece of paper now and the final budget in a month. He said it was his opinion that is why the Charter says to give it to them at the beginning.
Chair Hopkins said that the public input had been asked for at the beginning of the public hearing. Chair Hopkins then asked for additional public comments.
Janice Raymond said that she was one of the people that were interviewed for the Budget Committee. She said that she was one that had commented that she would like to see it go back to being more of a joint thing with the Council and the Budget Committee having a chance to speak with the Council and to the Council while they are deliberating at their meetings instead of waiting until the very end when you go your way and we tell you what we think you should do. She said that she didn't think that works well. She said that she was on the Budget Committee for over fifteen years and we tried it both ways and you lost your Budget Committee. Nobody wanted to be elected because we all felt why are we even bothering to come we don't have much input. She said that originally when we started it wasn't like that and
then it changed. She said that some of you were on the Budget Committee at the time. She said that we went and did joint meetings, everyone had an equal vote. We didn't have any problems at the very end. We had a few things that we wanted to bring up; you changed a few things-not you but the Council. She said that she thought that it ran very smoothly and we didn't have a lot of discrepancies. That was because we were there when the initial things were going on. If there was a question we had a person come in and they spoke to us as a joint committee. She said that that she didn't know how it would work; she knew that there would be appointments this year. She said if we were going to go for election of members to the Budget Committee, the Committee has got to be able to have some say. She said when they were doing the new Charter they asked her to come and speak because she had been the Chair for so long. She explained that she told them either give us some teeth or chuck us. She
said that she told them that they didn't need to be there. She said if we are just there so you have a Budget Committee nobody is going to want to run because you can't do anything. She said that she thought that the Council has got to make that decision on whether you want us to be there to call us a Budget Committee or you want us to work with you and give you a few more people to work with over the budget. She said that's all we do is come together as two groups instead of one. She said that last year we were not allowed to say anything or do anything until the very end. She said then we had to have our own discussions. She said that a few people bothered to attend, some of the Council members but you are busy and don't need one more meeting to attend. She said why don't you just combine them and let us all speak and have an equal vote. She said that she would like to see that happen. She that you would have people running for elected office for the Budget Committee.
Louis Stack said that this budget page had the right numbers on it?
Chair Hopkins asked what page he was showing?
Louis Stack explained what page and said that the change column on the overlay didn't look right.
Gordon Billington said that the numbers needed to be corrected. He then thanked Mr. Stack for pointing that out.
The budget was moved the Finance Committee by unanimous consent.
Chair Hopkins said that it was now moved to Finance Committee and to the Budget Committee by Charter.
After a Public Hearing without additional Council or public discussion the hearing was closed.
COMMITTEE REPORTS
Councilor Nesbitt explained that the Public Safety Committee submitted the Community Block Grant to the State last week for the Steep Falls planning. He said that he received an e-mail today stating that there had been 35 applications and there are 24 openings. He said that Caroline Allum thought we were in a pretty good position for that.
Councilor Nesbitt said that the Economic Development will meet next Monday and discuss if they want to hold some type of business appreciation day late in the spring.
Councilor Nesbitt said that appointments would be discussed later.
Councilor Christy said that there had been a joint meeting of the ordinance Committee and the Planning Board. He said that much progress has been made and they are on the quick track to come back with land use recommendations. Those groups will bring back something substantial for the Council to consider.
Councilor Pomerleau said that the Capital Improvement had met last week and opened bids on the Boundary Road reconstruction project and there will be an order later tonight on that. He said that they also discussed the Oak Hill and Route 25 intersection and are waiting for the Roadway Planning to come back with their recommendations. He said that the Town will spend a lot of money when that gets done. He said that we have to look at it and look at it soon. He said that it's time his committee takes a look at it.
Chair Hopkins explained that the Personnel Committee has worked very diligently during the last two months with their recommendations as far as salary, benefits, compensation and as well as some changes to the Personnel Policy. She said that they have pretty well completed their task by Code on that.
CONSENT CALENDAR
No consent items this meeting.
UNFINISHED BUSINESS
Moved by Nesbitt Seconded and Voted to take orders number 46-03, 47-03 and 48-03 out of order. (Unanimous)
Councilor Nesbitt explained that there were many people in the audience that were here for these orders.
46-03 Town Council Appointments - Historical Preservation Commission [Nesbitt]
Moved by Nesbitt Seconded and Voted to add the following name to the noted term:
Doug Wright - through January 1, 2004
Claudia Morton - through January 1, 2005
Deborah Boxer - through January 1, 2005
Bevalie Marean - through January 1, 2006
Burns Cameron - through January 1, 2006 (Unanimous)
Councilor Nesbitt explained that there had been twelve applicants for the five positions and all the applicants were very well qualified. The appointments Committee attempted to put together a balance with different expertise and geographical variation that they could. He said that it should be a good committee.
Councilor Christy said that this is a historical moment.
Councilor Pomerleau said that this was the toughest decision that he had to make. All twelve were qualified he said that there are seven other people that could have sat on this board.
VOTE ON ORDER AS AMENDED: 6 Yeas - 0 Nays
47-03 Town Council Appointments - Public Safety Committee [Hopkins]
Chair Hopkins said that this Committee is appointed by the Chair but she had asked that the Appointments Committee interview and recommend the members from the community.
Moved by Nesbitt Seconded and Voted to amend this order by removing the name Elisabeth Perry from the order. (Unanimous)
Mrs. Perry has removed her name due to personal reasons.
Chair Hopkins asked if he had a recommended replacement?
Councilor Nesbitt said not this evening.
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Councilor Lymburner said that Elizabeth Perry had been a very valuable member of this committee and hates to see her go.
Councilor Simpson said that the order was explicate and it says one member of the Council.
Councilor Lymburner said that she had spoke with Mary and their discussion was that presences had been set in the past with Jeff Richardson and the Recycling Committee.
VOTE ON ORDER AS AMENDED: 5 Yeas - 1 Nay, Simpson
48-03 Town Council Appointments - Budget Committee [Nesbitt]
Moved by Nesbitt to insert the following names to the order:
Louis Stack, Kevin Gray, William McAuliffe, William Hill, Pam Saunders, Jean McLaughlin, Lisa Carey, Jan Raymond and Cynthia Borelli. (Unanimous)
Councilor Nesbitt said that they interviewed fifteen applicants for the committee. He said that they have tried to get a distribution of people from around town to be appointed.
Councilor Pomerleau said that all the applicants could have served on the committee. They are all qualified to fill the position and it was hard to send six people home.
Councilor Lymburner said that she would like to agree with Councilor Pomerleau comments to encourage all those who applied to run for a seat.
VOTE ON ORDER AS AMENDED: 6 Yeas - 0 Nays
21-02 Amendments to Standish Town Code, Chapter 181, Section 27, Cluster Development Section 28, Open Spaces (Introduction) Tabled at December 10 meeting [Simpson]
Moved by Christy Seconded and Voted to remove this item from the table. (Unanimous)
Chair Hopkins said that this is item had been tabled to committee and tonight it will be introduced, then first reading next month and public hearing in May.
Councilor Christy said that back in the beginning Mr. Simpson introduced a cluster ordinance for the Town. That went to the Ordinance Committee, then to the Planning Board and a joint meeting, then back and forth. The most recent meeting was very well attended by the public and tonight the Committee has a recommendation.
Chair Hopkins asked that the secretary read the order by title.
Moved by Simpson Seconded and voted to waive the reading of the order. (Unanimous)
Paul Mosley thanked the Council for the opportunity to speak on this issue again. This went back to the Planning Board for a couple of months. He said that we had a joint meeting recently with the Ordinance Committee to review the public comments. The cited a list to include the following items of things that were brought up at the previous meeting: Clustering will impact development to Standish; he said that this was a synopsis of the concerns from that first hearing. Clustering will promote starter housing, clustering will take away stewardship of 2/3 of the owned land, the undeveloped area shouldn't be held in perpetuity, clustering should be only allowed in certain designated areas, we should have an upper limit on how many or how big a cluster development can be, we don't need a density bonus for
water, density bonus is too generous, cluster promotes similar style of housing, cluster will encourage sprawl, we should allow clustering only with public water, the ordinance doesn't provide incentive to extend existing water mains, clustering will increase taxes, clustering will increase demands on schools, clustering will increase the traffic on the roads, this ordinance should go to referendum, there shouldn't be a need to buffer around a residential use, clustering will cause wells to fail, clustering will result in increased requests for variances. He said that there may be a few other that may have been missed but it pretty well covers it if you group up all the comments and concerns at the previous meetings. He went on to say that throughout all that the Board has come up with some basic conclusions. He said that the clustering concept is widely misunderstood. He said that this ordinance is very different from the previous cluster ordinance. The old ordinance had a density
bonus just for clustering. That may have contributed to the development pressure in Standish at the time. He said that this ordinance has no density bonus without public water. He said that there is no advantage to having clusters unless you bring public water to them. He said that clustering does not change whether or not land is going to be sold. He said that he wanted to say that again. Clustering does not change whether or no land gets sold. If people want to sell the land they are going to sell it, clustering will no affect it. He said clustering does not change when develops or what or when it gets developed. He said that clustering does not increase lot density. He said that it does change the lot configuration. Clustering does not require every subdivision to be clustered. That remains the decision of the developer or landowner. Just like every other land owner in the Town of Standish have certain rights that are permitted by the ordinances to allow him to do what he wants
with his property. He said that the clustering option does do the following; it does make shorter roads and keeping municipal expenses down in the future. He said that shorter roads equate to less time, less expense less material. He said that the clustering option does keep 2/3 of the land open or undeveloped and available for recreational use. He went on to say that the clustering bonus does create the potential for new water lines extended from existing line to points where existing water quality from wells may be less than desirable. He said that potential may be there. He said that the clustering option does provide sufficient incentive to developers to being public water to the development. He said that clustering was an important tool to counteract sprawl. He said that you look at the information that is out there and this is one of the main items that is used to combat sprawl. People talk that they don't want sprawl but they don't want clustering. He said that this is one on
the main tools used to counteract sprawl. He said that clustering will help us maintain our rural character in the face of development pressures. He said that since the density bonus is given only with public water this is a tool to influence where development will be and that would be near our present infrastructure. If we provide the proper incentive to the developer to bring water in, we feel they will try to do the developing where they can extend the water to the development. He went on to explain the Boards two recommendations. One-is to include a three-year sunset provision to the proposed ordinance. Where by this proposed ordinance dies on its own in three years unless additional action is taken to keep it alive. Two-develop a growth ordinance separate and distinct from the cluster subdivision ordinance to address the growth and development of the Town. He said that those are the two recommendations coming out of the meetings. He went on to say in general comments. He said
that the tract of land that has been recently purchased off Oak Hill Road he knows by talking to the Peter Busque who is a developer. He went on to say that everyone can visualize what can happen when the land is owned by him in the profession that his is in. He said that Mr. Busque has told him that he is looking to bring public water up over Oak Hill to this subdivision that is doing. He said that he can't say for 100% because it hasn't been passed and been through Planning Board. But, he had told him that this is his intent. Paul Mosley said that Peter Busque has been waiting patiently for this ordinance to come through. He said that Peter Busque had told him that there is enough incentive with the additional bonus lots for bringing public water there that it would make it worth while to bring water up there. He said that's one case. He went on to say how many more cases can there be if the ordinance to goes through and see what we can get. He said that the potential is there. He
said that his last comment would be is - where to do it- where not to do it? He said if we don't do it everything continues on the same way that it is. We have a lot of land that is purchased and sold in the rural area in Standish. He said if we do nothing say for example that thirty acres is split into ten three-acre lots. Rather than allowing an option of further development where a developer could put approximately 2/3's of that land into undeveloped common space and the houses are on 1/3 of the land. It's just another option. If we continue to go in the same direction or do we try to expand our horizons and try to control the growth and where it's going and how it goes.
Chair Hopkins asked if Mr. Christy had anything to add before the topic was open to public discussion?
Councilor Christy said that Paul has spoken for the group.
William Orr said that he would like to ask Council about the ordinance being effective immediately upon adoption? Is that the case? Or does the public have the right to repeal the order?
Chair Hopkins explained that the public would have thirty days.
Mr. Billington explained that the people have the right to collect signatures to overturn the Council action. He went on to say that effective immediately means after the ninety-day period.
William Orr said that he just wanted to make sure that what that means. He said that ninety days would put it in July, is that correct?
Chair Hopkins said no.
Mr. Billington said that it takes about a year to get subdivision approval.
William Orr said that it was said that the cluster subdivision doesn't change density. He went onto say that the bonus amounts to about 15% so that's a density change in itself. He said that in other words when you give one lot for every seven acres you are increasing the density of the land. He said that he would take exception to the statement. He said that on the bonus to the water he didn't see that doing an awful lot to the Town overall. The only people that would be affected with the water lines are the people in the subdivisions. In other words he didn't hear any commitments from Portland Water District that they are going to enlarge water mains to allow people to add residents to the end of them. He said that he had heard people that have arsenic problems will be able to tap into these lines. He
said that these mains can only take so many additional homes. He said that he didn't see that as a worthwhile purpose. He said that it you want to so something with water, just because someone has land where they shouldn't be the only ones that have the windfall. He said that they should consider all land with no water and put a fee for extending water for everyone. He said the sunset law, we did have cluster and it was set aside and is now coming back. He said that this wasn't any major factor to this order. He said that if you go into the meat of the order there is a lot of vague statements, such as lot size. What is the lot size? Do all people applying for this cluster subdivision get the same treatment? Can one Planning Board select one lot size and another Planning Board select and another lot size? He said that he thought that ordinances should be developed that they carry forward consistently. He said that he didn't see that in here. He said that it said that there will be a
choice of environmental living units and quality of residential land. He said what kind of living units are we talking about? Multifamily homes? Row housing, individual residences? There is no specifics here. He went on to say that and efficient use of land - he heard mentioned that there would be smaller roads. What in this ordinance requires smaller roads? He said that he didn't see anything that limits the amount of road a cluster can have. He said at the Planning Board Workshop last night there was a subdivision being spoken about of 14 lots that had over 4,000 feet of road. He said that he didn't see cluster subdivisions in the past limiting the roads. It puts the burden on the tax paying population to allow builder to expand their position. He said that it says that the subdivision designed to create the frontage on primary access roads and other existing state and town roads. He said what kind of frontages do we allow on these lots. Later on in the ordinance is says that you
can reduce the side yards by 50%. He said that he look ed up the code and 50% on a one acre a lot would be twenty-five foot frontage, twelve and a half side yard and twenty-five foot rear yard. He said that you could put a twelve and a half side yard on fifty-foot of road frontage. Do we want fifty-foot road frontage on houses? He said what is the lot side to be and what is the shape? He said can we take one hundred by four hundred turn it sideways and put the four hundred along the road? He said that there is nothing specific in the ordinance that he can see. He said that he didn't know what drives this order. He said that he hadn't seen any out cry from the public that we need this order. He said he didn't see why we should assure the land developer that he would make a profit on the developing of that land which is what this does. It gives him incentive to build more lots faster for less money. He said that these homeowners associations have a lot of problems. He said that Mr.
Spencer isn't here tonight and Mr. Christy has mentioned many times these consent decrees, he said that you will have a flood of these. He said if you bring water in you can build a pretty good home on an eighth of an acre. So if someone only needs an eighth of an acre including the set backs to develop a property what are the assurances that the rest of the lands will be developed for recreational purpose. He said that he though that the order itself is vague and discriminates against a lot of landowners and he sees no public out cry for this order.
Councilor Lymburner asked to Mr. Orr to explain the road frontage information that he had mentioned.
Mr. Orr said if you take a twenty-five-foot side yard someone could put a twenty-four foot house front to back. That would be a very small frontage but there is specific frontage. He said that you could have L shaped lots with another lot clustered inside it. You could have triangular lots beside each other. He said that the common land could have just a foot around it.
Councilor Lymburner said that she wanted to get the road frontage clear in her mind. She said if you have a twenty-four-foot house?
Mr. Orr said twelve and a half feet side set backs. He said that he had looked up the fire prevention code and there is no ordinance to have public water supply for fire purposes in Town. He said that you will have to put in an ordinance for that. He said that there is no specifications on how these mains are going to be put in. He said if they are fire mains will they meet the National Fire Code which specifies a fire hydrant every 500 feet. He said that last night he heard 2000 feet. He said that there are a lot of vague things and this needs to go back to the drawing board and have some numbers put in that can be applied consistently from one Planning Board to the next.
Will Aebi said that he wondered why we couldn't have a Growth Ordinance in Standish. He said that the last time that he was here he was told that it was impossible. He then asked can we have a Growth Ordinance? And if we can, why isn't that being looked into for all the people in the Town that don't want any growth. He said that he saw in the paper Limington has their Growth Ordinance and strangely enough if there are any problems they put it out to ballot to vote for it. He said that one of the things that strike him about it is the they only allow 35 housing starts a year. He said that caps everything won't become sprawl. He said why don't we do that? Why don't we look at a Growth Ordinance like the one in Limington or do we just don't like Limington? Why are we looking into building cluster anything when
you and I know every house is built doesn't support itself and that means increases in taxes. He said that he didn't have that tax money. He said that he knew what people think that if I don't like the way things are, I should leave. He said that he is not leaving but he is upset with the Town looking at this from a monetary point of a few and not of the majority. He said that the majority in this Town don't want any houses built they want everything to stay the same. He said that he really did and he was from away. He said that he wanted it to stay the way it was when he moved here. He said that I know you thing this is funny and that you don't listen to me. He said that it wouldn't matter if there were a hundred of me here but one day you will have all me's in this Town when you have this sprawl and they will really want things different. He said that people from away bring the money here. There is no money in this State. If you read the Press Herald many of the people in this
State are very poor. He said that in Standish there are not that many rich. Now, the rich that are here want a nice retirement. It's fine for them but not for the majority. Why not put this whole thing out to a referendum and not an opinion referendum but a final voting one at the June ballot. Let the people decide if the like this or not.
Dave Thomas said that he had the greatest respect for the Planning Board and that he is very knowledgeable and has a lot of good ideas. He said that he thought that this was one of those things that come up similar to the boat launch issue where it should go to referendum first. He said that whenever you have such amount of input and diverse ideas he thought that the population should decide. He went on to say that he liked his idea of a Growth Ordinance. If it does not come first it should come hand in hand with any cluster zoning. He said that he thought maybe one year if you had to do it. Maybe a one year sunset which would limit the number clusters or the number or permits. He said that this would be a good one to send to the public for referendum.
Sue Watson said that she didn't want to hurry up for any developers in the community. She said that she had attended a couple meetings lately and she heard land use going fast track. She said that hear the words Growth Ordinance here tonight's and she sees smart growth as an order tonight. She said that she didn't understand why we are talking about cluster housing first. She said that it didn't make any sense. She said that she didn't want seven people making the decision for the Town.
Lea Sutton said that she wasn't going to speak against cluster housing because the thought that it was a brilliant idea. She said that she thought that this ordinance needs some looking at. She said that she was interested in seeing that if there is open space saved in cluster zoning. That the open space is available to the whole Town and that it is kept in perpetuity.
Councilor Lymburner questioned the statement that was asked earlier regarding the words 'effective immediately upon adoption', she said that she didn't recall them being worded that way.
The secretary said that this is the way that the orders are typically written. She went on to say that other date can be used but its up to the Council.
Councilor Simpson said that it is a thirty-day appeal.
Councilor Nesbitt asked then where did the ninety days come in?
Chair Hopkins said that this is a ninety-day process, tonight is the introduction, then to first reading then to public hearing.
Councilor Nesbitt questioned that then there is a thirty-day window for appeal?
Chair Hopkins said that was right.
Councilor Nesbitt said that as members of the public had indicated if there was going to be a referendum against it then would that be able to be done prior to the final Council vote?
Mr. Billington explained that they can over turn the action of the Council at any time. They can start their clock at any time.
Councilor Pomerleau said that he didn't support this the way it is written. He went on to say that he never has. He said that we are looking at a Growth Ordinance here later tonight and if we are going to look at his and take it seriously it should be tabled or set aside. He went on to maybe it should go out to vote on this one. He said that this is a big change here. He said that they have done a good job but he wasn't able to support it.
Councilor Christy said that he was a believer in rule by many not by few. He said that seven people serve on the Planning Board and they have worked on the ordinance for a year and a half. During that period of time much public input has been taken. He said that this order took all the public discussion into consideration. This ordinance takes us away form what used to be years ago, which had all sorts of problems. He said that he had told Paul that we are looking at land use very seriously and maybe the cart is before the horse. He explained that if this isn't going to work in that period of time until we come through with a land use ordinance that fits the entire town. He said that he didn't see where this will do much damage. He said that Peter had mentioned the number of permits taken out each year in
this town. He said that he didn't think that we would inundate this town in three years with a cluster subdivisions. He said that seven people volunteer to do a job over a period of time and listen to public input and then to be told that you haven't listened is wrong. He said to have people come on one shot and say that after a year and a half it's the wrong approach to take. Those people have to go over those 50 to 60 meetings where this was developed. He went on to say that infrastructure has been a major concern in this town, sewer and water. He said that someone brought up arsenic tonight that may be relevant he didn't know. He said what we should be concerned about as a Council right now is the growth and water. He said that you have said that no growth is going to take place in a cluster subdivision unless it has water. He said that he applauds that. At least we are getting water from a water district. At least we are putting it on them to bring water here. He said again that
he had to applaud the efforts; you have gone in a direction that has it flaws. He said that the open forum has been here and attendance has been low at times. He said that there is a lot ahead of us and to say that your efforts are shallow or missing the boat is wrong. He said that any ordinance that comes through with a circuit breaker on it and we can cap growth. He said don't get discouraged if we decide to put if off. He said that people don't realize the number of meetings that board members attend and he was elected and people call him in a heartbeat to let him know their opinions. He went on to say that they should be patted on this back for their efforts.
Moved by Lymburner Seconded to add the following:
FURTHER BE IT ORDERED THAT 181-27 of this Ordinance shall automatically terminate on June 30, 2006, unless specifically extended by vote of the Town Council on or before this date, which vote must be preceded by the conduct of a public hearing on the extension by the Planning Board pursuant to 30-A M.R.S.A. 4352(9), as may be amended from time to time.
Councilor Christy asked if after a year if we find something with errors can we change it.
Councilor Lymburner said that we can. She went on to say that this is the recommendation that came out of the Planning Board. She said that this is effective for a three-year period and then will automatically expire unless the Council reinstalls it.
Councilor Simpson said that on this or any ordinance it is extremely bad precedence or governing to put sunset clauses on the books. He said that if this passes sunset laws that will try to be put on different amendments as different orders come in. He said that Councilor Christy had questioned and the original answer should have been no. He said as he reads it now this would hold true for three years and then sunset. If we wanted to change it at the end of one or two years as the way it is written we would have to wait the three years. He went on to say that he thought that sunsets were bad governing. He said if you have a problem with something then you address it when it comes up you don't put it down the road and say this is going to terminate at such and such a time, especially something as important
as this. He said that he could turn it around and say that those people that are afraid of cluster zoning see that this is going to sunset in three years will go and tap every single landowner in town and try to take and get them to sell the land and come in with a cluster zone before it sunsets. He said that he was opposed to sunsetting.
Mr. Billington said that this does not prevent the Council from modifying this. He said that according to State statute you would have to reintroduce it like it was a change to land use which would require full public hearing by the Planning Board. He said that the Council could modify the basic ordinance at any time after it's adopted or rescind it if they choose.
Councilor Nesbitt said that if this amendment passes and a subdivision application comes before the Planning Board at a preliminary stage and the ordinances was terminated six months into the application process, what happens then? Where is the cut off?
Paul Mosley said that we would deal with that based on substantive review. He said that we would treat it as we have other issues that have come before the Planning Board. He said if the application is in and in a month it dies the application wouldn't have received substantive review.
Councilor Lymburner asked Gene if he was asking about those applications that would come in near the end of the three year period.
Councilor Nesbitt said that he could see where someone could get caught in a rough situation.
Chair Hopkins said that her concern was requiring the sunset clause. She said that as long as we can make changes but she would not support the sunset clause.
Councilor Christy asked if she would consider another amendment?
Chair Hopkins said to what degree? She said that this amendment on the table right now is for a sunset clause.
Councilor Christy said that we are disagreeing with the sunset clause and he was trying find some middle ground.
VOTE ON LYMBURNER AMENDMENT: 1 Yea - 5 Nays, Christy, Hopkins, Nesbitt, Pomerleau and Simpson
Moved By Christy Seconded and Voted to amend as follows:
To cap new construction to no more than 50 units each year as it relates to cluster development.
Councilor Christy said that since we have received an opinion that it can be change and since we are looking at growth and the major concern is that someone may put in an application at the last minute.
Chair Hopkins reread the amendment:
Moved By Christy Seconded and Voted to amend as follows:
To cap new construction to no more than 50 units each year as it relates to cluster development.
Councilor Christy said that anytime that there is growth they say put a cap on it. He went on to say we have something new that may need tweaking. He said that the work that has been done up until this time is fine. He said that he would like to cap it so people don't come in and take wholesale applications for cluster housing until we are able to work it through. He said that the major reason was that we are going to look at land use and we may come in with recommendations.
Mr. Billington said that by State statute if you make any changes to your land use code you have to go through the municipal reviewing authority which is a full public hearing before you make the change. He went on to say that as late as today he had been advised that if you make any changes to the subdivision ordinance other than the sunset clause you would have to go through the public review process again.
Councilor Christy said then maybe the sunset clause could be considered for a year rather than three. He said that within a year's time could this be enough time? We are currently looking at the land use and roadways.
MOVED BY CHRISTY TO WITHDRAW HIS MOTION.
Moved by Lymburner Seconded to amend as follows
FURTHER BE IT ORDERED THAT 181-27 of this Ordinance shall automatically terminate on June 30, 2004, unless specifically extended by vote of the Town Council on or before this date, which vote must be preceded by the conduct of a public hearing on the extension by the Planning Board pursuant to 30-A M.R.S.A. 4352(9), as may be amended from time to time.
Councilor Lymburner said that when she spoke to the Planning Board Chair about the sunset clause and cluster housing her concern was about water and wells on a small lots could easily become polluted. She said that she was interested in the fact that a sunset clause could be offered because it would give us a chance to look at this venue for development and see if in fact what we have been told by some of the developers in town that this type of ordinance encourages the installation of public water. She said that if we had this ordinance in effect it would give us some guidance in how developers would be using it. She said that's why she was in favor of the sunset clause and she also liked Councilor Christy suggestion of a year and the growth cap.
Lisa Steege said that she was in support of cluster housing in some form, she said that she thought it was a good idea. She went on to say that she thought that it was very flawed. She said that all these amendments are making her neighborhood a guinea pig. She said that she did not her neighborhood to become a guinea pig for this ordinance. She said wait until all these issues that Mr. Christy brought up are resolved.
Paul Mosley said that he commended that Councils efforts trying to get this. He said they thought three years because it takes approximately one year to get a development through the Planning board. He said that it is almost dead before you get it out of the barn. He said that's why we thought three years, it will take almost a year to get final approval and get something going. He said that he didn't think that the one-year would do a lot to help them.
Councilor Pomerleau asked if Busque was waiting for us to approve this?
Paul Mosley said that Peter Busque had indicated to him that he has been waiting to see if this will come through.
Councilor Pomerleau asked how many houses will he put up there? We're thinking about a cap, how many houses is he thinking about putting in up there?
Paul Mosley said that as far as how many, since he owns the land he gets to decide how much and in what time frame. He said that the acreage is somewhere around three hundred. Three hundred acres subtract 15% for the infrastructure; subtract the wetlands so in realty he's got between 200 -230 acres of developable land, maybe less. So you take that 200 acres and divide by three since its rural. Now, whether he goes cluster or not he can still do that number of lots.
Chair Hopkins said that she wanted to make sure that the discussion was regarding the one-year sunset clause.
Paul Mosley said that in the 200 acres divided by 3 or that number of lots. He said that he can do that in one or five or fifty a year up until what the net density will allow. He said that we don't dictate it's the property owner. That is the right that everybody else in the town has is to do what they want with their property. He said that he could do it all in one whack. He said that Peter in his comments said that when there is a larger amount available to be developed it makes it worthwhile to bring the water up over the hill. If he was going to do ten lots at that location to wouldn't be worth bring water up over the hill. He may only develop a certain portion each year but if he knows that he has it all he may bring the water up.
William Orr said that isn't the one year moot? He said that any thing that you pass can't be altered for one year.
Mr. Billington said that the restraint that the Council has is on orders that the public passes by referendum. The Council cannot touch those for a year. He said that you can change an order the following month if you so choose.
William Orr said that on the point of one year he said that he would bet that you would 200 -300 cluster subdivision lots.
David Thomas spoke on the amendment to the sunset clause he said that he would think that in one year the permit process could be complete. He said that would not stop the construction. He said that all of us appreciate what the Planning Board did by bringing to light all these different issues. He said that some of us can visualize a cluster development done in the right place and conditions. He said that the sentiment against cluster is not a negation against the Planning Board. He said that it's trying to find a way in your own mind to find a way in your own mind to try it out. He said that it scares us; he said that it scares lot of them pretty badly.
Bud Benson said that it comes down to people's fear that the Town is going to grow too fast. He said that this amendment is really trying to put a time limit on how fast the Town is going to grow. He said that he thought that it might be better to amend it by saying a Growth Ordinance will be in prior to the cluster or along with the cluster. Because you are getting rid of the fear that the Town is going to grow too fast.
Chair Hopkins said that she had concerns regarding all the amendments that have been talked about tonight. She said that there has been some good input. She said that with something this important she had the feeling that this was being slapped together to move it on. She said that she didn't want to see 300-400 houses in her neighborhood. She said that she supported the concept of cluster development but she was concerned about the components here. She said that when we talk about a Growth Ordinance we're talking about land use and from timing prospective it would be nice to have it all packaged together. She said that she would not vote for the sunset amendment. She said that either we're going to do this or we're not. She said that she would like to have an ordinance that we could all support.
Councilor Christy asked if she was going to vote this down completely or do you feel this should be an intricate part of wants coming done the road?
Chair Hopkins said that she thought that it has to be an intricate part. She said with the other orders before us and we have talked about a growth cap and land use. She said that even talking about the development maybe we'll just want it in certain areas. She said that so now we are putting even more definition around it that is not in the ordinance now. She said that she had heard a lot from the Council and the Ordinance Committee and she was uncomfortable with passing this on. She went on to say that she would like to see the ordinance tabled to get more or a package. She said that she would hate to see something this important have amendments and trying to solve everyone's problems tonight. She said that she would like to see a cluster development ordinance in place but she wants to make sure it's one
that we all can support. She said that she has heard some concerns from the council tonight. It's nothing against the works that has happened. The might be some components that are missing. She said that she didn't want to vote on an ordinance with a twelve-month cap on it. Either we're going to do it or we're not. It needs to be well thought out and planned or it's not. She said that he had asked him about the ordinance and she could not support the amendment that is on the table.
Councilor Pomerleau said that he would support this ordinance if it had a growth cap in place. He said that he did support the clustering idea. He said that with out a growth cap he will have a hard time in supporting this.
Councilor Nesbitt said one comment that had been made earlier was regarding the cap. He said that realistically it has just as much effect of delaying applicant in considering cluster housing as it does to stimulate them. He said that they have the chance in six months to rush to get information to the planning board or substantiate the application or they put the effort into it but don't make it. He said that he didn't see any purpose in a year being any test of it. He says that he tended to agree with these other orders coming up is there something that makes it combined aspect better. He went on to say that a year was just too short.
VOTE ON LYMBURNER AMENDMENT: 1 Yea - 5 Nays, Christy, Hopkins, Nesbitt, Pomerleau, and Simpson.
Councilor Simpson said that if you try to tie cluster subdivisions into land use he said that they are all separate issues and stand on their own. He said that they can be worked in as you go along. He said that there were a lot of misconceptions that have been put out there. He said that Paul put it well when he said that it would be shorter roads. He said contrary to what Mr. Orr said our Land Use Ordinance right now would control everything that the Planning Board wants to do. He said just because there might be a bonus to reduce the lot size does not say that the minimum frontage will be reduced. He said that minimum frontage will stay in place. The Board will have the rest of the ordinance being they as to the size of the lots and building envelopes. He said that if you take 300 acres whether you put
100 houses on three hundred acres or you put 100 housed on 200 cares and put 100 acres into a greenbelt which is paid for by the taxpayer in that lot. He said it the Town wants that to come to us so that all the people in Town can take it over, that goes back to his original order. He said that when you put 110 houses on 100 acres you certainly shorten up the road length. He said that some people don't want to maintain three acres. He said when you do that you put in shorter roads and therefore there is less to maintain, plow and run school busses on. If there is no water in the initial stage but later on it's a shorter distance to run water and sewerage. He said that it makes sense to put a greater number of houses in the area. He said that the heard people don't want any more houses. He said that he hears just the opposite. He said that he sees a lot of kids that want to have a house in this town. He said that he can't find a house in this town for them. The inventory is not there
and not for land either. He said that he respects what Councilor Christy was trying to do with respect to the cap. He said that we had a Growth Ordinance in the Town once and it cost us money. It cost money for us to defend it and we lost it in a court case. He said that if any of you picked up the last Maine Townsmen there was an article about land use and planning tools before you start talking about a Growth Ordinance you have to make sure that the Comprehensive Plan is up to date. He said that the Growth Ordinance has to comply with the Comprehensive Plan and it's got to be based on an equity formula. You have to use the formula, right not our Comprehensive Plan wouldn't put that together. If you look at all these things cluster zoning has to stand alone just as the other things do. He said that if you take 300 acres and take out the 15%, if you take 100 acres a half-mile of water to get to the development and put water in the entire development his base cost would be $35,000
per lot - base cost. That starts to drive a lot of people out of housing. It also drives the price down not up. He said that he ran the figures and took the bonus that he would have it would give him $980,000 and that's a lot of money. But then he divided it by $170 per foot to put water in 6,000 feet. That's what it would cost Peter to run the water. He went on to say that Councilor Christy had said that we want water in this town. But under the current statutes the ratepayers cannot put water in but the developer can. All the houses long the Oak Hill Road cannot be forced to put water in. He said that if we went to the legislator in the special session and change the public and private laws and mandate that everyone gets in on the water line within a matter of years. He said that he would repeat that we have everything covered in our lands use ordinance. He said if we want to move forward with a Growth Ordinance that's a separate issue. He said that he saw no problem with passing
this. He said that it comes down to the development up there. If was over in another part of town it wouldn't be an issue. He said if we don't pass it tonight he can still go and put in a subdivision with a 100 lots on 300 acres. No builder puts in that many houses in a year. That would mean that they put in two a week. He said that he would rather see the water put in there for peoples drinking.
Chair Hopkins said that she wanted to clarify that when she spoke of one package she didn't mean all in one ordinance.
Council Lymburner said she wanted to correct some statements regarding the Growth Ordinance but would wait until that came up on the agenda.
VOTE TO MOVE TO FIRST READING: 5 Yeas - 1 Nay, Pomerleau
18-03 Amendment to Standish Town Code. Chapter 123, Dogs and Other Animals, Article I, Dogs (First Reading) [Christy]
Councilor Lymburner asked if the fees had been established?
Councilor Christy said that they had.
Moved Seconded and Voted to move this item to Public Hearing at the meeting in April. (Unanimous)
26-03 Authorize Town Manager to Execute Release of Right of First Refusal for PWD Land to be conveyed to Jon Shaw Tabled at 2/11/03 meeting [Simpson]
Moved by Simpson Seconded and Voted to postpone this item indefinitely.
Councilor Simpson explained that at the last minute we received a copy of the agreement between Portland Water District and Jon Shaw. He said that we tabled it pending the Manager submitting a letter to the PUC for a ruling from them regarding the Towns rights to cross Water District land to get to the water. In the last two days we have a letter from the PUC second hand saying that they have washed their hands of it because it is less than five acres and that any other issue that we have with the Water District would have to be a separate issue and that the exchange will go through.
William Orr said what was the second hand information, didn't they respond to you?
Councilor Simpson said that we got a copy of the letter that went directly to the Water District saying they had the right to exchange it.
William Orr questioned they never replied to your letter?
Mr. Billington said that their counsel sent a letter to the Water District and that letter reference our letter. It said that since the exchange was less than five acres it wasn't under the PUC jurisdiction. As far as the residents being able to use PWD beaches that is a separate issue. A copy of the letter was sent to us.
Louis Stack questioned if you could purchase to the low water to the low water mark? He said as an example the Town owns the easement down at the lake. Does that go to the high water mark or the low water mark?
Councilor Simpson said that out of all the transactions that he has dealt with on Sebago Lake he has only seen on place where it reads to the waters edge. Every place else reads to a point. Usually that point is at the high water mark, which is established by statute. The state owns the land between that and the low water mark.
Louis Stack said the reason that he mentioned that is it has to do with this land. This piece of property right now is less than three quarters of an acres. He said that the intent was to put another building on this lot. He went on to say that he would need six acres. He said that he graduated from Standish High School and he was taught that 3/4 form 6 is 5 1/4. He went on to say that the Water District is telling you that there is less than 5 acres. How is he going to make up the six acres?
Mr. Billington said that the information brought into our Code Officer was that it was 244,000 square-feet which is enough to put two buildings. Further restrictions are that it cannot be further subdivided and it mush share a septic tank.
Mr. Stack said that the 244,000 feet includes the land to the low water mark. He went on to say that if you take out the land between the high and low water mark you don't have 244,000 feet. Who will give them an exception to that? He said that you have said that you don't sell to the low water mark.
Mr. Billington said that he understood his issue and the Code Enforcement Officer would be the one to give the approval of any permits. He said that he appreciated him bring that to their attention. He said that we haven't received any deed information.
Louis Stack said that you will find that the land to the low water mark would give the right amount.
Mr. Billington said that they had not exchanged deeds yet and he suspected that the deed would indicate the 244,000 square feet in the exchange.
v Mr. Stack said that he was concerned that they could sell to the low water mark?
Councilor Simpson said that it was his opinion that they could sell anything that they own. He said if they have a title search and shows they got it. When they come to us the Manager is right they have to come here to get a building permit to determine if they the correct amount of land.
Dave Thomas questioned subdivision of land. He asked who keeps track of the land that the Water District subdivides property. He thought that you could only divide two pieces off.
Mr. Billington said that we tract it by deed transfers. He said that they would check that out.
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