TUESDAY, APRIL 8, 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, Simpson and Spencer.
MINUTES OF PREVIOUS MEETING (S) The minutes of the March 11th and 25th meetings were accepted as presented by unanimous consent.
PETITIONS AND COMMUNICATIONS
Council Chair explained that the following communications had been received:
The first letter was received on March 14 from William Orr responding to a letter from the Town Manager regarding inspection of the Budget Committee applications. Mr. Orr is in disagreement with the Town's position on not releasing the applications to him. She said that Mr. Orr believes that these are elected positions rather than hired employees, so he is asking for a Council response on that.
A letter dated March 27 was received from Jeffrey Messer and Mark Maroon, Scarborough Town Councilors regarding an order that they had passed requesting an audit of Regional Waste Systems, Inc. they are requesting that out Town Council take up a similar action. She said that the intent of the audit is to determine the management efficiency of RWS.
A letter dated April 2 from Norman Justice, Jr. the Chairman of RWS was received. The letter states that they are facing a $2.5 million dollar shortfall in this fiscal year. The letter stated that without action the shortfall in the following year will be $4.5 million. He said that the RWS Board is looking into short term financing alternatives to cover the shortage to avoid an additional assessment to property taxpayers. He went on to explained their concerns of the immediate impact of the so-called efficiency study suggested by Scarborough Town Council. If followed, the deadline for financing would pass for alternate financing, dropping the shortfall into the laps of the taxpayer. He said that it would not be prudent at this time to hold a resolution to conduct this study.
REPORT OF THE TOWN MANAGER
Brenda Smith the Acting Town Manager explained that Town Manager Gordon Billington has had surgery and is resting at home. She explained that he has been keeping in touch on a daily basis by the phone and email. She went on to say that she would like to bring one item to the Council this evening. She received notice from the Pine Tree Boating Club that in conjunction with the Standish Kiwanis Club they intend to hold a antique outboard regatta and other events at Kiwanis Beach on May 16th, May 17th and 18th. The reason for bringing this to the Council attention is that the Club must obtain a permit from the Department of Inland Fisheries and Wildlife. One of the requirements of the permit is that the Municipal Officer in the community where the event is held must be notified in writing. She said that no
Council action is necessary.
Chair Hopkins explained that the microphones had been upgraded and are very sensitive to background conversations.
PUBLIC HEARINGS
18-03 Amendment to Standish Town Code. Chapter 123, Dogs and Other Animals, Article I, Dogs [Christy]
After a Public Hearing without Council or Public Discussion the above titled ordinance amendment was adopted and the hearing was closed.
A copy of the amendment is on file at the Town Clerks Office.
VOTE 7 Yeas - 0 Nays
55-03 Application by Linda Davis dba Oak Hill Bar and Grill, Inc. for Renewal of a Pool Room License [Hopkins]
Chair Hopkins asked if the application was in order?
The secretary said that it was.
After a Public Hearing without Council or Public Discussion the above titled application was approved and the hearing was closed.
A copy of the application is on file at the Town Clerks Office.
VOTE 7 Yeas - 0 Nays
COMMITTEE REPORTS Councilor Nesbitt explained that the Public Safety Committee last July received a request from residents on Harmon's Beach Road to look at the speed limits. The requested was forward to the State and the speed limit was reduced. That action took about six months. Mr. Nesbitt said that the Roger said that they are still assessing the speed limit on other roads and those will be forth coming. He said that on May 10 the Kiwanis Club will be holding their bike rodeo for 2nd to 6th graders. This year they will also hold a peewee rodeo. He said that any parents that are interested in helping out can contact him. He went on to say that the Committee had submitted the third year grant for the Safe Community Grant and should be hearing about that shortly.
Councilor Nesbitt said that the there is an appointment for the Planning Board on the agenda tonight. He announced that there are openings on the Public Safety Committee.
Councilor Lymburner said that she would report on the Portland Water District Steering Committee meeting from March 24th and other information that has come to light since then. She said that tonight that the Chair will bring forward appointments to the Ad-Hoc Committee that was established at the March meeting to looking at a future beach for the people of Standish. She said that the Town Manager has forwarded the two proposal obtained from citizens groups to the Portland Water District with the request for comments. There has been no reply from the District to date. She said that copies of the report titled The Maine Drinking Water Assessment prepared by the Portland Water District for the Maine Department of Human Services has been given to the Committee for review. Comments were made on Portland Water
District proposed legislation which would remove the Water District for the regulatory oversight of the Public Utilities Commission. She explained that the Committee decided to do some fact finding on the legislation and it's affects on Standish. The Committee will be meeting this Saturday at 10 am to discuss this bill and other issues here at Town Hall. She said that Representative Gary Moore has been researching this bill as it was presented last year in a slightly different form to the legislature. Last year there was no hearings or oral testimony on the bill there was only written testimony and Representative Gary Moore is compiling that testimony in a pro and con form for our information. She said that he would obtain the non-partisan analysis on that bill and the written testimony. She went on to say the joining the Committee at the Saturday meeting will be Council Chair Hopkins, State Senator Gilman, and our Representative Gary Moore, Senator Richard Nass will also be joining
us. She went on to explain that contracts with the Portland Water District regarding the disposal of septage at their facility have been signed and an order will be on the agenda tonight setting the fees will go to first reading tonight. She said that there was the discussion of the possible membership of Standish on the Water Districts Board of Trustees. It was decided to do fact finding on the pros and cons of us joining that board. She said that they will review those facts and forward it to the full Council to be on the agenda for a workshop. She said that the Committee decided that the Joint Portland Water District Steering Committee and the Board of Trustees part of that Committee continue to be a good forum for issues that are of interest to us both. She said that there is another piece of legislation that's proposed in Augusta that was brought forth by the Water District, which is of considerable interest to Standish. She said that Portland Water District has proposed to
transfer to a Massachusetts company the land and property that it currently holds. Portland Water District then would lease back the land those holdings. She explained that their concerns center around tax implications to the Town and our current ability to have first refusal on the sale of any Portland Water District properties. This bill is currently in Committee and had been placed on the table. She said that Representatives Herb Adams of Portland, Donald Berry of Belmont and Stanley Moody of Manchester have been most helpful to us and our Representative Gary Moore on this bill. She said that Representative Berry is drafting an amendment to the bill that would remove the ability of the Portland Water District to transfer or sell the land and that will be available to us on Saturday.
CONSENT CALENDAR
No consent items this meeting.
UNFINISHED BUSINESS 52-03 Amendment to the Council Rules of Procedure - Section 5.1 Enactment Form. Wording. and Section 7.6 Motion to Reconsider (Tabled at 3/11/03 meeting as required by Council Rules of Procedure) [Lymburner]
Moved by Lymburner Seconded and voted to remove this item from the table. (Unanimous)
Moved by Simpson seconded and voted to dispense with the reading of the order. (Unanimous)
Councilor Lymburner explained that in case of a tie vote the order, resolution or ordinance that is being voted on will automatically be placed on the table. This will only occur when the full Council is not present and there is a three to three vote. It will then come up for a full vote at the next meeting. She went on to say that this something that many other towns in Maine have adopted.
VOTE: 7 Yeas - 0 Nays
21-02 Amendments to Standish Town Code, Chapter 181, Section 27, Cluster Development Section 28, Open Spaces (First Reading) [Simpson]
Moved by Simpson seconded and voted to dispense with the reading of the order. (Unanimous)
Bruce Avery said that he did have some concerns. He went on to say that he had attended one of the workshops when this was presented. Some of his concerns were voiced at the workshop one being that this ordinance will encourage growth. He said that since the Town currently doesn't have a Growth Ordinance but will be looked at in the and maybe have something by August. He said that towns around us have enacted Growth Ordinances, Buxton and Standish are the only towns in the Distinct that have not enacted Growth Ordinances we are in a position seeing a focusing of growth taking place. He went on to say that one of the comments made by Councilor Christy was that we were putting the cart before the horse. He said that another comment was from Bill Sutton is that we don't know if that development on Oak Hill
Road will even take place. He then cited a statement made by Paul Mosley regarding what he had been told by the developer that the developer was waiting to have this ordinance come into place and then he will go forward. He said if the developer is waiting it was his opinion that this ordinance will encourage growth because otherwise why would they wait for this ordinance to pass. He said another issue was the concern of the size bonus. The sample that was used is if you have a 300 hundred-acre area, with 15 % being put to the side for un-buildable land you would have instead of 80 houses you would have closed to 108 houses with the bonus that is in place. He said that concerns him, not only from the stand point of the extra houses that it encourages but it's a substantive amount of subsidizing in terms of the builder or developer. When you look at the fact they will have reduce costs because of the length of the road, savings in the cost of developing wells, that money can be put
into the cost of running the water. He went on to say then on top of that the bonus lots. He said that the other item that he said that he would raise is the impact on the school system. He said as a School Board member that is in his home territory. He said that one of the comments that the Town Manager made contested his remark that that residential growth costs - it doesn't pay for itself. He said that he put together spread sheet that showed the median family home of $150,000 at 80% of valuation and used $22 per/$1,000 as the tax rate. He said then he took the cost of educate one child. He explained that if you take the School District budget and divided it by the number of students we have it gives you a truer picture of the costs. He said that then you have the State share which is roughly 49% that they will pay based on that $5,400 or the local share. That is $2,735 and then 75% from tax dollars so that's about $1,980. So using the States number there is a deficit that other
taxpayers have to absorb of about $755 per child. He said if you use what he considers the more accurate number because it includes transportation and other costs. The deficit actually comes out to $3,000 per child. He said that with the $150,000 house using the State number and 100 homes were build in Standish with one child per home the cost on the low side would be $75,000 per year. He said that since the school uses a 20 to 1 teacher to student ratio, we would bring in at least 5 new teachers. That is $225,000 and then an additional bus or two and portable depending on where the children happen to land. He went on to say if you use the more accurate cost of what it actually cost to run the District including all the number is over $300,000. That's based on a $150,000 home if you go up to a $200,000 home the numbers decrease if you go below the numbers increase. He said that his chart didn't show the loss in State subsidy due to the increase in valuation. He said that he
recommends that they look at some sort of a Growth Ordinance. He said that growth is necessary, growth is inevitable but controlled growth he what he would hope that we would try to do so we can give the school system the time to absorb the number of children that can come with new homes. He urges that they look at the size of the bonus and the impact that this may have if passed before a Growth Ordinance is in place.
Bill Orr said that he agreed with Mr. Avery's comments. He said that he took simpler numbers that the 2,029 School Board indicated that we have and divided that by the number given at the Budget meeting the other night and comes to $3,300 per child. He said the other thing was with the bonus is who picks up the forever tabs of the fire hydrants? He said that he had heard for Mr. Mosley that he puts out $10,000 a mile per road. He said that this ordinance doesn't limit the amount of road. He said that even though it's a cluster it still could have a mile of road for a small number of homes. He said that streetlights would be another $154 a year forever. He said that these things all to the existing taxpayers costs and not to the people that are benefiting from this order. He said that he didn't see a benefit
and he would like the Council to explain to him what passage of this order would be to the taxpayers in the Town of Standish. He said all he could see is a tax increase to the taxpayers of Standish. He said that it seems to be driven by one developer's opinion of bringing water into one location. He said that he went down to the Portland Water District and looked into that. He said that the water pressure would be very low and maybe need tanks or pumping station. He said that the water pressure right now is between 40 - 60 psi. By the time it goes to the top of the hill it will be 20-22 psi. He said that he didn't think that they had thoroughly investigated the problems that this order brings. He went on to say that this order has no parameters to it regarding size of roads or lots and things or that nature. He said that fire hydrants should be between 250 ft - 700 ft apart depending on type of buildings. Hydrants are expensive now and you will be adding more. He said that he didn't
see where there is any benefit to the addition of the water mains. If this went through would be an addition up to that site, nobody that exists on it will get benefit from and the developer will get benefit from the sale of the extra lots. The existing taxpayers only get left with the tabs. He asked the Council to rethink their position.
William Hill said that as some of the other speakers have said devotement cannot be stopped. It can be controlled to some regard. He said that he would suggest that this ordinance although it may be imperfect would be a start and give the town some management of the growth in the community. He said that this would be preferable rather than doing nothing and closing the barn door after the horse is gone.
William Orr said that if you really look at the whole picture is for the Town to buy the property and leave it forever wild. That way instead of mortgaging children today for things that we are buying now would buy that with financing and it would be an asset in the future. He said that you missed out with the Portland Water District, he said that the Town had the opportunity to buy every piece of property that the Portland Water District did.
Mark Steege said that he had studied this issue and in one sense is a good ordinance and that we have to take urban sprawl very seriously. He said that one aspect is the issue of public water, the whole idea is to reduce sprawl and have the green spaces. He said that in this ordinance for every 7 acres there is an additional lot. So, if someone had a large tract of land you could if there was 210 acres that would produce another 30 house lots. He said that goes against the whole notion of green space. Suddenly, we have 30 more house lots and that defeats the purpose of the proposal. He said that his other though was that this was rather arbitrary - where did the 7 to 1 ratio come up? What if a developer had a large tract of land but were only a 1/10 of a mile from an existing water main. Would we still
reward that individual with 30 additional lots? He though the purpose was to reward someone for bringing it a long distance.
Councilor Lymburner said that she would probably vote to move it on to Public Hearing tonight but she still had concerns about the ordinance. She said that she liked the fact that cluster housing retains open space and that is a big plus. She said that she had problems with houses being put on small lots with no water. She said that she would have like to see it drafted that cluster housing had to be on public water and no bonuses would be given. She said that with the comments that she has heard tonight that it might better to have it tied the passage of this with a Growth Ordinance.
Councilor Christy said that we are trying to catch the cart up with the horse. He said that right now there is a Smart Growth Ordinance that is being discussed. He said that we are at the point that it will be before the Council very shortly. We have looked at it and compared it with other communities. He said that he though this ordinance is before us now and has been developed for a year and a half. He said that not everything can be cast in stone. It has to be tweaked and looked at very carefully. He said that one of the Committees concerns was green space, which is a big concern as was water for the future. The Smart Growth and the Cluster will help the town.
Councilor Pomerleau said he did not support the clustering. He didn't see where the benefit to the Town was in clustering, he said that he was struggling with that. He said that he said that he did see the benefit to the developer. He said that he hope that we weren't doing something that would benefit the certain group of developers. He said that he didn't know where this came from or why we needed clustering, if it was town people or developers. He said that he didn't have an answer to what the prize was to have cluster development He said that if you have cluster development the first or second house build is the price range that all the houses will be built. If the first house is $150,000 house you are not going to build a $350,000 house three lots down. In a three acres subdivision there are a mix of
houses.
Councilor Nesbitt said that he thought that the value to this type of ordinance was the potential of the development of infrastructure in the town. He said what he didn't see in this ordinance is how to maximize the new water extensions to serve the larger area. He said that for example, this development on Oak Hill road just happens to go by a major public health hazard with arsenic. He said that we should be able to tie in the developed of the infrastructure with the benefit of not just the one developer but how can the other areas be made available to the opportunity. He said that we have to look at the whole planning of the area and that it is build large enough to service the area.
Chair Hopkins said that she would state what she said last month she would like to see this tabled until September. She said that she this is the tail wagging the dog. She said that we have a Growth Ordinance that we asked to have by August. We have a Committee working on our range roads. We are looking at our current land use. She said that she did support cluster development but would like to see this table place. She said that this is a piece of the puzzle. By August we'll have a better handle on the range roads, land use and the recommendation on the Growth Ordinance. She said that she supports this and would not vote against it but would like to see it tabled until September.
Councilor Simpson said that the comment was made earlier that Mr. Busque said something to the effect that he was waiting for this order before he goes forward with his subdivision. He said that what Mr. Busque is probably waiting for is to see if he is going to spend the kind of money to run a mile of water into that subdivision. If we don't pass this he won't put that kind of money into the water and quite frankly make a lot better profit on the lots. He said that he had heard the comment what's the benefit of cluster development was. He said that in his opinion the benefit to the municipality in the infrastructure by keeping the costs down. He said that he heard the words that we would have more roads, hydrants and streetlights. He said that sure if we put water in we would have hydrants but then peoples
insurance would drop. He said that he thought that Gene had made a good comment relative to the fact of the arsenic in that area. He went on to say that it would take work in the legislature in Private and Special Laws to mandate people to hook to water mains as they go by them but it's something that has to be addressed. He said that if we look to the future we have to look at water. If you have the opportunity to put water in there and you offer a bonus to somebody. He said that he agreed that you someone will get more lots to out that water in but you don't have the problem of well getting polluted because of sewer systems on smaller lots. He said that we offer a bonus right now for water, if you put a subdivision where there's water now and you got a bonus because you can build on a smaller lot. The precedence is already there. He said unfortunately Bruce the problem with school has always been there. He said that he is probably still paying for his children education and they
have been long gone from the schools. He said right now if we have a cluster ordinance we haven't hit 100 new hose permits in a year for a number of years, if we put in a cluster development we will probably have to put in a minimum of 85 - 100 to meet our Comprehensive Plan and the requirements of the State. He said that we may see 100 new houses per year whether they are on single lots or in subdivisions, that's a cost and a factor that we will have to live with. He said that as far as the benefits of cluster zoning other than shorter streets to run school busses by and water by land to plow is using a rough rule of thumb is if you use 300 acres on 200 acres in a green belt forever. The green belt will be together where there will be wildlife, recreational use and combined use of the people who are paying the taxes. He said that he didn't think that it was necessary to table this. He said there is a Growth Ordinance that they are working on and this is just one part of it and he
didn't see them going hand in hand. He said that it should continue on until next month.
Moved by Lymburner Seconded and Voted to table this ordinance until September. (Motion failed)
Councilor Nesbitt said that he would like to hear the public input at the next meeting before a decision is made to pass it at that time or tabled until September.
Councilor Christy questioned his statement.
Councilor Nesbitt said that he thought that it should be moved to the Public Hearing stage and if something comes up at that point then it can be tabled if necessary.
Chair Hopkins said that the vote now will be to move it from First Hearing phase to Public Hearing Stage.
VOTE TO PUBLIC HEARING AT THE MAY 13 MEETING: 6 Yeas - 1 Nay, Pomerleau
54-03 Amendments to Standish Town, Chapter 223, Section 11, Septage Waste Disposal (First Reading) [Simpson]
Moved by Spencer Seconded and Voted to dispense with the reading of the order. (Unanimous)
Councilor Simpson explained that last month we passed an Emergency Order on the same topic, this moves it on to Public Hearing next month. He said that you may recall Portland Water District is charging a $50 administrative fee for every 1,000 gallons that is dumped at their treatment plant. This would have cost the taxpayers $110,000 if it was paid out of tax dollars. We have signed the agreement with the District and this changes our Code.
VOTE TO PUBLIC HEARING AT THE MAY 13 MEETING: 7 Yeas - 0 Nays
NEW BUSINESS
56-03 Application Submitted by Two Trails Enterprises, Inc. for a New Personal Commercial / Industrial Haulers License [Hopkins]
Chair Hopkins asked if the application was in order.
The secretary said that it was.
Councilor Simpson questioned Mr. Gilbert Douglass about who would be hauling his trash to the Transfer Station?
Mr. Douglas said that he had another guy hauling it for him.
Councilor Simpson said that you are paying someone to take it for you? So, you are paying him a fee to take it for you?
Mr. Douglass said that's right.
Councilor Simpson asked if he was taking anybody else's trash to take it to the Transfer Station?
Mr. Douglass said no.
Councilor Lymburner asked Councilor Simpson if this within the process of the ordinance to have the ability to hire someone to haul trash for you?
Councilor Simpson said that is why he asked the question, he said that's it's not in black and white but it's an issue that the Committee is addressing right now. He said that there may be something before the Council at the next meeting. He said that the intent of the Personal Hauler is to take their own trash.
Chair Hopkins said that so the Committee is working on this now to clarify this section, so the timing will be right?
Councilor Simpson said that it is coming.
Councilor Lymburner said that she had concerns about this and making someone able to collect trash and take it to out Transfer Station.
Council Christy said that this will expire in June so I don't want to cause a hardship to this person.
VOTE: 7 Yeas - 0 Nays
57-03 Appointment of Members to Ad-Hoc Beach Committee [Hopkins]
Chair Hopkins said that the names were forwarded to her from the various committees and Councilor Christy offered to Chair the committee.
Elizabeth Perry wanted to know how this Committee will operate and convene for the first time.
Councilor Christy said that he envisioned it to fast tract and maybe even meet twice a week. There will be an organizational meeting soon where the Committee will decide.
Mrs. Hill asked what would happen if someone couldn't make a meeting would there be an alternate and the she said that her name was Maurie not Maureen.
VOTE: 7 Yeas - 0 Nays
58-03 Extend Ad-Hoc Roadway Development Action Plan Committee [Hopkins]
Moved by Spencer seconded and voted to dispense with the reading of the order. (Unanimous)
Chair Hopkins explained the mission of the committee and the necessity of additional time needed.
VOTE: 7 Yeas - 0 Nays
Councilor Christy asked what would happen if this wasn't funded by the budget.
Chair Hopkins said that that would have to be creative.
59-03 Approve Application for FEMA Grant [Hopkins]
Chair Hopkins explained that the Council had held a workshop on this.
Chief Butkus said that Deputy Chief Perham had explained this very well.
Chair Hopkins said that the grant was approximately $100,000 and we would be responsible for 10 % if the grant was awarded?
Chief Butkus said that was correct.
VOTE: 7 Yeas - 0 Nay
Moved by Lymburner Seconded and Voted to move orders 73-03 and 74-03 to this part of the agenda. (Unanimous)
73-03 Award Bid for SCBA Apparatus [Pomerleau]
Councilor Pomerleau explained that this for the air packs that we received a grant for. He said that Capital Improvements looked it over and went with the low bid. The amount was $133,561 which is all paid for through the grant.
Moved by Pomerleau Seconded and Voted to amend the order as follows:
ORDERED that the attached bid from Industrial Protection Services for a cost not to exceed $133,561, for the SCBA apparatus is hereby accepted, and (Unanimous)
Councilor Lymburner asked what was the amount of the grant.
Chief Butkus asked that the amount was $133,870.
Councilor Lymburner said that it came in very close.
Councilor Pomerleau explained that we used old equipment as a trade-in, which offset the amount that we had to pay. This is all out of grant money; no money from the town was used. He said that another reason we went with them is because they are located in Portland not out of State and there is a charge for traveling, so at $140 per hour for service, we'd save.
VOTE ON ORDER AS AMENDED: 7 Yeas -0 Nays
Award Bid for Dispatch Tape Recorder [Pomerleau]
74-03
Councilor Pomerleau said that we reviewed two bids and this was the lower.
Moved by Pomerleau Seconded and Voted to amend the order as follows:
ORDERED that the attached bid from Affiliated Voice and Data for a cost not to exceed$_9,342, for the Dispatch tape recorder is hereby accepted, and (Unanimous)
He said that what he had said about the previous order about the company being in Portland was actually in regards to this order.
Chair Hopkins said that a portion of this cost has already been approved to come out of the Council Contingency Account.
VOTE ON ORDER AS AMENDED: 7 Yeas -0 Nays
60-03 Application Submitted by Berean Christian Academy/Berean Bible Church for a License to Operate Beano/Bingo Games [Hopkins]
Chair Hopkins read a letter from the Academy. She went on to say that the Baldwin Fire Department previously held these Bingo Games.
Councilor Christy asked if there were other bingo games run in town?
Councilor Pomerleau said that this was the only one.
Councilor Simpson questioned if the Fire Department was running one up there?
The Secretary said that the Campground was supporting this application.
VOTE: 7 Yeas - 0 Nays
61-03 Authorize Maine Department of Transportation to Exceed the Weigh Limit Allowed on Certain Roads During the Road Construction Projects on Route 113 [Hopkins]
Chair Hopkins said that we had this same request last year and Mr. Mosley will speak on this.
Roger Mosley said that this allows the DOT and it's contractors to move large pieces of machinery over the roads to the construction site. It does not allow them to travel over the roads with legally registered vehicles that are over weight limits.
Councilor Christy said that last year he didn't understand this order and voted incorrectly.
VOTE: 7 Yeas - 0 Nays
62-03 Forward Fiscal Year 2004 Budget to Budget Committee [Simpson]
Councilor Simpson explained that we have good news for the taxpayers in Town. He said that we worked hard on the Managers Budget and kept our budget flat. He said the overall recommendations is that we come in with a mil rate of $20.58 compared to last years $20.48. He said that's a .10 › increase as the recommendation. He said that the net municipal mil rate would be $3.39 with an overlay of .07 for a total of $3.46 that is down .03 › from last year. The School did a great job with their budget. They kept it flat, the increase that we had from them is the reduction from the State revenue. He went on to say that we did get some good news last week - more money is coming from the State. The Cumberland County budget is $1.07 for a total of $20.58. He said that we have done a good jobs compared to
other towns.
Louis Stack asked if the two-week started on April 14th?
Chair Hopkins said that is right.
VOTE: 7 Yeas - 0 Nays
63-03 Call for Referendum Question to be Placed on the Ballot at the June 10, 2003 Annual Municipal Election [Hopkins]
Chair Hopkins said that there will be a Special Council meeting on April 22 to endorse the warrant. This will give the Budget Committee the time to review this information so their recommendation can be on the warrant.
Roger Mosley said that it should read 4wd Loader/backhoe
VOTE: 7 Yeas - 0 Nays
64-03 Receive Notice of Informational Public Hearing of SAD #6 Budget Referendum Election [Hopkins]
VOTE: 7 Yeas - 0 Nays
65-03
Approve Warrant for MSAD #6 Budget Referendum Election To be Held June 10, 2003 [Hopkins]
VOTE: 7 Yeas - 0 Nays
66-03 Authorize Change in Voter Registration Hours Prior to June 10, 2003 Elections [Hopkins]
VOTE: 7 Yeas - 0 Nays
67-03 Approval of Election Clerks and Election Warden for June 10, 2003 Elections [Hopkins]
VOTE: 7 Yeas - 0 Nays
68-03 Abate Real Property Taxes - Burnham - Map 75 Lot 148 [Simpson]
Moved by Simpson seconded and voted to dispense with the reading of the order. (Unanimous)
Councilor Simpson said that we had billed her improperly.
VOTE: 7 Yeas - 0 Nays
69-03 Abate Real Property Taxes - Lord - Map 75 Lot 36 [Simpson]
Councilor Simpson said that the trailer had been destroyed.
Moved by Simpson seconded and voted to dispense with the reading of the order. (Unanimous)
VOTE: 7 Yeas - 0 Nays
70-03 Authorize Payment Plan for Tax Acquired Property - Kenney, Barbara A. and John E. - Map 15 Lot 2 Sub 3 [Simpson]
Moved by Simpson seconded and voted to dispense with the reading of the order. (Unanimous)
Councilor Simpson said that we have a check in escrow for these taxes. We collect the 2004 taxes in full before issuing a municipal quitclaim deed.
VOTE: 7 Yeas - 0 Nays
71-03 Authorize Payment Plan for Tax Acquired Property - Webber Phyllis G. Heirs (Robert Webber and Doreen Brown) - Map 34 Lot 23 [Simpson]
Moved by Simpson Seconded and Voted that this lay on the table until the next meeting. (Unanimous)
Award Bid for Street Sweeping Proposal [Pomerleau]
72-03
Councilor Pomerleau explained that they had reviewed three bids. The machines that the vendors would use were about the same and the one selected is the low bidder.
Moved by Pomerleau Seconded and Voted to amend as follows:
ORDERED that the street sweeping proposal for the Town of Standish is awarded to Keith Martel at a rate of $ _75 per hour. The term of the contract shall be for three years to terminate June 30, 2005, and (Unanimous)
Councilor Lymburner asked if this was the same firm that we've had last year?
Councilor Pomerleau said that it is.
Councilor Lymburner said that her road was very sandy and was there more money in the budget to take care of the excessive amount of sand due to this winter?
Roger Mosley said that this years contract is based on last years budget.
VOTE ON ORDER AS AMENDED: 7 Yeas - 0 Nays
75-03 Town Council Appointment - Planning Board Member [Nesbitt]
Moved by Nesbitt Seconded and Voted to add the name Wayne N. Newbegin to the order.
Councilor Nesbitt said that Mr. Newbegin is a former contractor and a member of the Army Corp of Engineers and would be an asset to the Board.
Chair Hopkins said that this is not geared to Mr. Newbegin. But why are we filling this position when there is 30 to 60 days left?
Councilor Nesbitt said that the Planning Board Chair asked this seat be filled due to the activity of the Board. He went on to say that Mr. Newbegin and others have the opportunity to run for the seat.
Chair Hopkins said if we have an election June 10 is this June 30 date right?
The secretary said that the date was right the term would be until the new person is sworn in.
VOTE ON ORDER AS AMENDED: 7 Yeas - 0 Nays
Councilor Pomerleau said that he was on the Appointments Committee but the more he thought about it with the short amount of time left. He went to say how much value can this be.
Chair Hopkins said that she would support the order because of the Planning Board request but was not sure about filling a position this close to an election and she also questioned the date.
VOTE: 6 Yeas - 1 Nay, Pomerleau
76-03 Resolution in Support of Scarborough Town Council Request for Independent Audit of Regional Waste Systems, Inc. [Simpson]
Moved by Spencer seconded and voted to dispense with the reading of the order. (Unanimous)
Councilor Simpson said that earlier in the evening the Chair read or gave a synopsis of two letters, one from the Town Council in Scarborough indicating they are looking for an independent audit of RWS. They are requesting that other municipalities join in with them. The other was from the Chair of RWS Board of Directors indicating that they didn't think that the audit was necessary. Councilor Simpson said that this was discussed in the Recycling Committee but there was really no action taken on the letter. RWS has been given a lot of the municipalities' fits lately especially in their tipping fees which started out at about $85. Which by the way if you read Norm Justice's letter he said the tipping fees are $88 but they are really $110 and projected to go up. The tipping fees have been causing us serious
budgetary problems and that's the reasons last year that we went into recycling to try to get the tonnage down and recycle more therefore not having to spend a lot of money on tonnage. He said that there is no doubt about it this call for an independent audit is questionable from town to town depending on their role in it. He explained that we are not a voting member of RWS. He said the we and five other towns are not voting members. Years ago in the 1980's they bought what is called the 'Ross grant' which is down on Route 25 across from Beal's Ice Cream. Their proposal was to put a big demolition plant in there which never materialized. All of us members and non-members signed an agreement with them to the point that we are all legally obligated to that note should they default. He said the right now we have an about $400,000 or $6,000,000 or our share would be about $400,000. He said that we have a contract with RWS to use their facility for our trash until 2005, so we have two
more years to go. There is some sentiment with the year 2005 coming we get out. But that won't get us out of our agreement on the Ross Grant. We can try to work a deal with them where we continue to pay annually or we pay off our debt and sever our relationship with RWS. He said that RWS is $1.8 short this year in their budget. They are having serious financial difficulties. On the 17th they are proposing to restructure their debt. While they restructure their debt that want to extend it out over a longer period of time. He said that we are very concerned about that and Brenda has sent a letter to RWS in which she asked them it they are going to refinance and extend that our how will that effect our debt to them or our obligation to that debt on the Ross Grant. He said that he was personally very concerned about that and their restructuring. He said that he was also concerned with the operation of RWS and it's viability to stay alive. He said that some will say the independent audit
could stop them from restructuring their debt or extending it out. He said the his personal opinion was that no good bond company will give them the kind of bonds that they will be looking for. He said that he thought that their bond ineptness was around $80 million. He said that without seeing some type of independent audit, no one is saying that there is a misuse of funds but the said that he did feel that the operation is top heavy with management and excessive salaries, high consultants that have been on board. He said that in essence this order is what Scarborough is looking for is a comparative data analysis of salary, compensation, benefits use of consultants, number of employees and any other pertinent areas with other waste to energy firms in Northern New England. Analysis of all contracts, use of RFP's and items dealing with the internal economics of RWS that have an impact on the financial bottom line. Suggestions on streamlining the operating budget, debt restructuring
and steps necessary to keeps RWS competitive in the current marketplace. Analysis on financial decisions and resulting impact on financing and negotiating strategies. Appraisal of the engineering and mechanical aspects of the operation (trash to energy, recycling, equipment etc.) to determine financial viability. He that there are some that have a very good argument that we only have two more years left in there and this $100,000 audit would have to be paid by RWS which would be paid for in our tipping fees. Some will argue that it will take a year for that audit and we only have two years left in our contract in which we could get out. He said that Casella owns MERC, which is the Maine Energy Recover Plant down in Biddeford. He said that their tipping fees, which they are private enterprise, and their tipping fees are $85. RWS is having tremendous trouble with their commercial haulers of getting the commercial haulers to pick up trans in the Portland areas and take it to the RWS
plant rather than to MERC where they charge the business person $85 rather than the $110. So they have been tying to get a consensus with the commercial haulers or a system in line to get them to haul it to Portland. He explained at the same time Casella owns the Biddeford plant they have been approved to build a trash to energy plant close to the RWS plant on outer County Road in Westbrook. It would be across from Maine Lube and behind the landfill that is there now. He said that he believed that they are looking at the operation of RWS to see what is going to happen. RWS is a government-operated facility by the municipalities that are in the system. He said that there are 216 voting members and 6 non-voting members. He said that he brought this order foreword to support the Town of Scarborough and try to get this independent study and audit done. He said even though we are not a voting member he feels that it is in our best interest He went on to say that he didn't know what was
going to happen in two years from now whether we will be taking our trash to Biddeford or to RWS or a new plant. He said that he understands the ramifications of two-year from now. He said that he would like to see that study done.
Councilor Christy said that there are so many questions and comments that could be made.
Councilor Lymburner said that if you look at the article in the paper today, the fee that's mentioned is the fee that is charged to commercial haulers by RWS. She said she thought that both RWS and MERC charge lesser fees for commercial waste than they do for general waste. She said that she shared the concerns of the escalating costs to the town for disposal at RWS. She said that she didn't know if she though the audit was the answer. She said that the audit was first proposed by waste haulers and their reaction to RWS asking the member towns to put an ordinance in place that would compel the hauler in the member towns to bring the commercial waste to RWS. So, RWS wouldn't be losing the waste stream. She said that RWS has self-interest in asking for the audit. She said that the article in the paper pointed
out some of the reason why RWS is being financially stressed. She said that she didn't know if asking a company that is already financially stressed to pay for an audit that will cost about $100,000. She said that she didn't feel that she had their information to be certain that the audit is necessary. She said that she is trusting on the voting member communities who are more knowledgeable on the operations. She said that she would not support it here today but if the member communities decided to do something she would support that.
Councilor Spencer said that the if Board of Directors had been looking at things would have done something long before this. He said that it looks like a real lack of good judgment from the voting members. He said if RWS is forced to pay $100,000 and audit they will not pay for it the members town and non-member towns will pay for it. He said that he would support this. He said that this was discussed last night in a Finance Committee meeting and it was stated that it will take a year for the audit to come about then who knows how long after that. The restructuring could take a number of months or even a year at which time we could get out if we wanted to. At this time we don't know where or who we are going to go with. He said to get thing rolling he would support the order for the audit to take place.
Chair Hopkins said that she would not support this for a number of reasons. She said that she didn't think that she had enough information other than a letter from Scarborough Town Council and RWS. She said that she wasn't sure if that was enough information and she didn't believe everything that she read. She said that she had a whole lot of questions on this and wasn't comfortable voting on something this degree without more information. She said that just because they are calling for an audit she wasn't sure why the restructuring had to stop. She says if you read through what this audit will cover, it uses the words appraisal a date analysis. She said that when this audit is done is not a directive someone will have to look at the results and decide what they are going to do. She said that she would like
to see an audit done but it's not the end all. She said that she didn't think an audit was a silver bullet answer to the problem. She said that she would like to see an audit done but not in this manner. It will not come up with all the answers that will automatically be implemented. She said that would support it and these are some of the reasons why.
Councilor Christy said that back in the1970's there was a federal grant that got this going. He went on to say that the thing that bothers him is that a private person down in Biddeford can operate at $85 and we're looking at $110. Suddenly there is a $2.8 million shortfall. He said that we will be going somewhere else shortly because how can an organization keep up. He said that probably they will be defunked in two years. He said that Larry and the Committee would be looking for another source. He said that he if was a Portland Councilor he would be looking for an independent audit because the investment that they have in it. He said that he understood what she and Larry were saying but he though it would happen regardless of what we do.
Council Nesbitt said what we read in he papers sounds like the administration at RWS is trying to force the commercial haulers to use RWS rather than looking at other issues. He said that he agreed with Terry that sooner or later the Board of Directors will have to address these other issues. He said that the only way that it would be cost effective to The Town of Standish is if there is enough data collected and implementations put in place which end up being a benefit to Standish. He said that it may take this study to bring those changes. He said at this point it wont be that cost effective to us at this time. It might be better to have an internal assessment rather than being forced from the outside.
Councilor Pomerleau said that he wished that other member towns had come forward to support this. He said that he would not support this tonight.
Councilor Christy said that it is private enterprise issue too. They are trying to get municipalities to go to RWS because they need it to survive, but here is a private enterprises operating at $25 - $30 cheaper per ton.
VOTE: 2 Yeas - 5 Nays, Christy, Hopkins, Lymburner, Nesbitt and Pomerleau.
Moved by Lymburner Seconded and Voted to add the following item to the agenda:
77-03 Authorize Letter of Thanks to State Legislators for Support in Legislative Initiatives Related to the Town of Standish [Lymburner]
Councilor Lymburner explained that there have been several Representatives up in Augusta who have worked strongly with our Representative Gary Moore in regards to the legislation that she had reported on earlier. That was the report regarding the Legislation that would allow Portland Water District to transfer their holding into the hands of a Massachusetts company and then lease back that land. She explained that we have been working diligently on this and so have these Representatives. This is to authorize the Town Manager to issue a letter of thanks.
Councilor Christy said that it is note worthy at this time to thank Larry. Some people had been in Augusta for another bill saw this one and brought it to Larry's attention. He said that Larry has taken time to go to Augusta and this is an appropriate time to thank him. He said that these people are the shakers up there but the people from here that brought it to their attention.
Councilor Pomerleau questioned if the Representative from Westbrook had worked on this?
Councilor Lymburner explained that she believed that she is supportive of us but it is not one of the things that she has been working on. Councilor Lymburner said that she would attend the meeting here on Saturday.
Chair Hopkins said that she want not on the Committee that was handling this issue.
Councilor Simpson said that he would vote for it but would do it tongue in cheek. He said that the bill is still tied up in Committee and it hasn't come out of the workshop yet.
Councilor Christy asked if it was tabled now?
Councilor Simpson said that it is in Committee, in workshop and on the table. He said that Gary had done a real good job trying monitor this and keep us informed. He went on to say that Herb Adams is from Portland and his concern at the meeting was the fiscal note and that there is real estate involved not just personal property. He said that if you read the letters that Gary gave us tonight there is 3 - 4 of them. He said that the PUC will be neither for nor against and that is typical. There are other that are supporting this but all they mention is personal property. If you read the bill it says real and personal property. He said that he had no problem with the personal property; we lost that case in court. We can't tax that but the real property is his concern. He said he wondered if that was being
lost on some of the people up there. He said that Don Berry has done a real good job of trying to bring this to light and Stan moody out of Manchester has. You have to keep in mind that we are singling out three people who are helping us right now but there are ten other people that will be voting on this. Three from the senate and seven from the House. He said that it is those people that we should be working on. We don't know who we might be wanting to thank on how that bill comes out.
Chair Hopkins asked if he could give her a timeline of when this would come off the table.
Councilor Simpson said that the day that they were up there they wanted to put it on the table but it needed a fiscal note in it. He said that if you read the last paragraph it says the legislature is requires annually reimburse each municipality for not less than 50% of the property tax revenue lost suffered as a result of any new tax exemption. He said that what this bill would do is allow a consumer owner water company or sanitation district to sell these assets on a lease back to a third party. They could sell to the third party and lease it back but give the tax exemption to that third party. Where the Committee is right now is they are waiting for a fiscal not to come down from the finance office as to what this could cause the State if it passes. If it should pass in both house it will move to the
appropriations table and the last twenty-four hours of the session it will come off the table and fund it ort not. He said that he was not sure where it is but thought that it would come out next week.
Chair Hopkins said then it may come off next week?
Councilor Simpson said that it could but we have no idea or guaranty.
Chair Hopkins said that if nothing else to authorize this tonight to recognize their efforts. She said that we are trying to recognize these individuals that responded very quickly and three of these individuals are not even from our town. She said that we are not finished but she thought the idea was to thank them for their quick response and helping us get to the point where we are. She went on to say that Representative Berry is drafting an amendment on this issue. She said that she would like to thank them and their quick response to the issues and that we look forward to working with them on this issue as it moves.
Councilor Lymburner said that maybe Brenda could take that down as wording that could be included.
Councilor Christy asked Councilor Simpson why it was such a big deal to the Town of Standish.
Councilor Simpson said if they sold all their land and building to a third party we would have the right to tax that third party. If there is $50 million that they own out there in real property think what that would do to our tax base. He said that that the State is now looking that they would have to reimburse you for half of what we are taking way from us from the exemption.
VOTE: 7 Yeas - 0 Nays
PUBLIC ITEMS
William Orr asked about RWS liability, that doesn't show on our books?
Brenda Smith said no because it is a contingent liability, we don't make actual payments to that debt.
Louis Stack said that he had attended a hearing in Augusta on March 28 on LD 820, He said that the proposed bill would restrict quasi-municipalities entitles such as the Portland water District from using ratepayers money to promote referendums like they did last fall. He said if you recall PWD gave a politic action committee the Friends of Sheesley-Abbott $9,000 of ratepayers money. If the bill were to pass similar gifts in the future would be illegal. He said that Mr. Miller of the Portland Water District testified against the bill and during his testimony he stated the reason the PWD gave the Friends of Sheesley Abbott was because the Standish Town Council requested them to do that. He than asked the Council if that was a true statement.
Councilor Simpson said that there was never any action taken by the Council. He said that he had never gone to them and asked for any money.
Louis Stack asked that the Council had never verbally or in writing you never asked him to give PAC money?
Chair Hopkins said that the there was never a Council action on that.
Louis Stack said that he didn't remember that either and though that you had been very careful about taking sides. You took care to make sure the material that was out there was factual. He said that this man stood up there said that you had requested that money.
Councilor Simpson said that he had asked Representative Moore to get a tape of that hearing because it was his understanding that more than that was said.
ANNOUNCEMENTS
Several upcoming meetings were announced.
EXECUTIVE SESSION
None this meeting.
ADJOURN
Moved by Lymburner Seconded and Voted to adjourn. The meeting adjourned by unanimous consent at 9:20 pm.
Submitted by: _______________________ Clerk/Secretary
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