CALL TO ORDER
The meeting was called to order by Chair Hopkins.
ROLL CALL
Councilors present: Christy, Hopkins, Nesbitt, Pomerleau, Simpson and Spencer. Councilor Lymburnrer was excused.
Chair Hopkins asked that one of the orders be taken out of order. She went on to say that there were three distinguished guests at the meeting. She said that Eagle Scout Ross Larrabee, Matthew Warren and Peter Warren were at the meeting. She asked the Clerk to read the resolution regarding the Scouts.
Chair Hopkins said that the resolution will recognize four young men's achievements. She said that we are proud of their accomplishments not only as the designation of Eagle Scout but also as a role models for the youth of this town and many of our adults. She said that she would like to thank them very much and now open the resolution to public discussion. There was no further Council or public discussion on the resolution.
82-03 Resolution Congratulating Boy Scout Members for Attaining Level of Eagle Scout [Hopkins]
VOTE: 6 Yeas - 0 Nays
Chair Hopkins presented each of the Scouts with a copy of the resolution.
Chair Hopkins then asked the Scouts to lead the Council in the Pledge of Allegiance.
MINUTES OF PREVIOUS MEETING (S)
The minutes from the April 8th, 16th and 22nd meetings were accepted as presented by unanimous consent.
PETITIONS AND COMMUNICATIONS
None this meeting.
REPORT OF THE TOWN MANAGER
Mr. Billington said that he would keep his report short this evening and the Department Head report will be postponed until next month.
He said that the second installment of the taxes are due Thursday, May 15. If your taxes come in late they will incur interest charges.
He said that later this month the Recreation Department will hold the Volunteer Appreciation Evening on May 18 from 4:00 to 6:00 at which time they will announce the Volunteer of the Year. There are five nominations as follows: Norma Richardson, Kathy Post, Bucky Brandow, Betty Perry and John Costa. He explained that this is the second year of this Volunteer Appreciation Day.
Another item from Recreation is there will be Parents Information Nights for the summer recreation program on Saturday, May 17 from 9:00 to 10:00 and again on May 21st which is a Wednesday from 7:00 to 9:00 at night. These will be held at the Municipal Center.
Councilor Simpson asked if we received anything back from the Department of Conservation on the boat launch?
Mr. Billington explained that the town had received a two-page response from them on the increase in the boat launch fees. They initially asked us to send information for justification of the increase. We supplied fairly lengthy justification of the increase. He said that their response challenged a lot of our numbers. He said that they point out to us that per the agreement that was signed in 1984 said that we needed their approval in advance for fee changes. They said that they wished that we hadn't increased the fee until we had their approval but right now they are looking at our data and numbers.
PUBLIC HEARINGS
21-02 Amendments to Standish Town Code, Chapter 181, Section 27, Cluster Development Section 28, Open Spaces [Simpson]
Moved by Spencer Seconded to dispense with the reading of the order. (Unanimous)
Councilor Christy explained that this was a joint effort of the Ordinance Committee and the Planning Board for over a year and a half. He said that their charge was to develop an ordinance dealing with clusters developments within the Town of Standish that would hopefully be an answer to sprawl. He said that he wanted to mention a few items that hadn't been mentioned before. He said that he wanted to show how the formula works and how cluster housing does have benefits over the three acre lots. He said that the purpose for the cluster development going back to the origination was to provide for flexibility of lot sizes in residential developments in order that the number of dwelling units contemplated by the lot size and density requirements of the Zoning Ordinance may be maintained in an overall basis
while preserving viable common area, tree cover, scenic areas and natural features. He explained that this technique is permitted if approved by the Planning Board in any district that allows residential development. Although subject to the use limitations contained in zoning district regulation. He said that preliminary and final plan review for cluster development will be the same as the Town Subdivision Regulations, which may be, amended from time to time. He said that the intent of the cluster development is to encourage a good choice in living units and quality of residential land use so that the development will be a permanent long time asset to the town. It is a pattern of development that preserves trees, outstanding natural topography and geologic features to prevent soil erosion. He said that efficient use of land resulting in smaller networks of utilities and streets in particular. He said that a more desirable environment that would be possible through the strict
application of other sections of the Zoning Ordinance. He said that was the intent. He said that a subdivision designed that creates lots with frontage and primary access to roads other than existing state and town roads in an effort to preserve undeveloped land on roads and provide safe access for individual lots in the proposed development. He said that this in particular will cut down the entryways onto major arteries. He said that common area functioning as an adequate buffer between the clustered lots and abutting properties. He said that there are a number of elements that are involved in this that go hand in hand with our subdivisions rules now. He said that a few keynotes that are important are that all preliminary and final plans shall bear a note that the subdivision was approved as a cluster development pursuant to 181.27 of the Zoning Ordinance. Which may be amended from time to time and uses on the lot are limited to single family uses that do not require a site plan
review. He said that there are various standards that are very important, all structures shall be build in the building envelope. The remainder of the required acreage per lot will be kept as common area to be used as green space or buffer areas between abutting subdivisions. He said that a minimum 100-foot common area shall separate proposed building lots and existing roads. He said that the calculation of the building lots in particular has generated a lot of controversy, discussion and recommendations over the last year and a half. He said that he would give explanation on the board. He said that they would follow this procedure. The maximum number of lots or units to be permitted with any cluster residential development shall be determined by reducing the total area of the proposed development by 15% for streets and rights-of way and areas deemed not suitable for development like bogs, wet lands and other areas like that. He stated that unsuitable land includes rocks outcrops,
non-reclaimed gravel pits, wooded and fresh water wetlands. He said that the remaining area shall be divided by the minimum lot area or maximum lots or units permitted. Any land area not considered part of the 15% for streets and rights-of-way or land not suitable for development as defined in section 181.92 or part of a lot unit shall be considered net residential acreage. He said that there is a controversial part that is included in here. There is a bonus for water main extensions. He said that when a water main is extended into a development the developer will receive a bonus of one lot or unit above the number determined from subsection D (6) for each seven acres. So, for each seven acres there is a bonus of one lot. Say, if you have forty two acres you could have six extra lots for putting water into that area. He said that the key here is to bring water into our infrastructure. He said that we tried to think of a number of ways in which we could extend mains without putting
undo burden on the taxpayer as far as capital expenses go. He questioned if there were any developers that could clue us in on the cost to lay water under the ground is very expensive. He said that they tried to be innovative where we could get his extended without giving the whole church away. He said that he would use the example of fifty one acres in a rural area for the board. Out of that you are allowed under the present subdivision ordinance three acres which you can put a unit on. You could put a total of 17 homes.
Paul Mosley said that he would like to add a little input to help him out. He said that if the entire lot is fifty one acres, the first thing that you would have to do is subtract the 15% for the infrastructure. So, that fifty one acres minus the 15% you actually end up with forty three acres of net residential acreage. So, with three acres lots that would be 14 lots and after doing the subtraction that's required any individual would have a maximum of 14 developable lots on that fifty one acres. Now, under the cluster you have the same fifty one acres and you would deduct same things so you would end up with the same forty three acres of net developable acres. That would result in 14 lots or homes.
Councilor Christy said the if they wanted to run water into the subdivision he would be get a bonus of one unit for each seven acres.
Paul Mosley said that it would be seven acres put into the common area. So, what you have is 43 acres of net residential acreage on that cluster. Those forty three acres will do fourteen homes. So, you take the forty three acres and subtract the fourteen homes because we are able to reduce it to one acre per lot in the cluster. He said that brings twenty nine acres lots if water is brought into the cluster. He said that twenty nine divided by the seven would give you four additional lots. He said that the result of a cluster subdivision that brings public water into it you could have a total of eighteen units rather than the fourteen. You would then have twenty five acres into common space. He went on to say plus the other acreage that was the 15% which was deducted.
Councilor Christy said that's the formula, it goes by seven, fourteen, twenty-one, twenty-eight, thirty-five and forty-two, the number of units by sevens. He said remember that the lot uses are limited to single residential family uses that do not require a site plan review. He said that at least 50% of the common area shall be maintained in a wooded or natural condition. Common area shall be assessable to all of the owners. He said that all of the common area is to be preserved for use by the residents and only those residents. He said that the homeowners association would be formed and include covenants for mandatory membership in the association setting forth the owner rights, interest and privileges in the association and common land as well as maintenance responsibilities. He said that the homeowner's
association documents will be reviewed by the town attorney for legal sufficiency and approved by the Planning Board. He said that was very important because it had never been done before as part of the final plan review and approval. Final incorporation by the developer of a homers association will be required prior to the issuance of any building permits. He said that in addition common area the final subdivision plan with a notation that it cannot be further subdivided for any other use. He said that those are the high points as far as the cluster subdivision concerned and the Planning Board and the Ordinance Committee submits it.
Peter Hasseapelis said that to clarify you are going from a three acre lot to a one-acre lot, right?
Paul Mosley said that's right if the developer goes to a cluster subdivision.
Bruce Avery said that he wanted to remind the Council of the chart that he had given them earlier. He went on to say that he was a believer in cluster subdivisions when he was on the Town Council because he could see the advantage of maintaining green space, and shortening roads. He said that concerns him about this ordinance however, the clarification this evening was helpful. The fact that you are deducting lots before you do the bonuses which is not the way it was initially understood. It was understood to be on house for every seven buildable lot. In other words they had though it would be six houses that they would be adding. He said that in terms of the bonus it represents four more houses time an average of two kids per house. Then you multiply that by $8,000 per year to educate them. He said and now
the State is paying the cost of less than half of that back to us. That means that half has to be picked up by the local taxpayers. He said that on a night that we are presenting the school budget to you and people are concerned about that this would have a significant impact. He went on to say that you guys will implement the growth ordinance that you are looking at doing to help maintain some stability. He said that he would like to remind you that when folks look and say the school is taking all the money out of your property tax bill. He said that's its dependant on how many kid come in and how much the state funding formula hits us. He said that four houses represents four times an average of two kids times $8,000 divided by two times 42% represents the increases to the property taxpayers at this point. He said that our percentage will increase. He said that we he got on the school board it was 67.8% that was paid by the state. He said that in six short years we are receiving
46%. He said that it is huge and its going in the wrong direction for us. He said that he wanted people to be mindful of that when we come to you looking for new schools. He explained that they are trying to prep for that by putting applications for the Steep Falls Elementary School because they believe that there will be a lot of development in that area. That would be a key component of us picking up Limington and Standish growth. He said please be mindful of that. He said that in his mind it is a really generous bonus but it does represent a lot of tax dollars that will be picked up by other taxpayers.
Louis Stack said that he was concerned about the bonus. He said that he didn't see the need for a bonus here any more than if a developer was going to do a subdivision in the normal way. He said that there is adequate incentive for developers to use the cluster ordinance without the bonus. He said that he would like to know if it has been discussed how this will affect people who are on the water line now? Why should you give a bonus for bringing water to a development that abuts the waterline? He said that he thought the bonus should be given if in fact the developer was going to extend the waterline to a development site. He said that there are several tracts of land in this town that abut water right now and it doesn't seem to him that they need a bonus to hook up to the water. He said that it would
behoove a developer to hook up to the water if it abuts their property. He went on to say all you have to do is think back to 1998 storm when there was so many people without water because they were on wells. He said that he was fortunate because they are on public water. Many had to run generators to get water. He said that it is a benefit to a developer if the water is right at the site. He doesn't need a bonus to bring that water into a development. He said that he didn't think there should be a bonus until the bonus is awarded to all subdivision developments.
Bill Orr said that his question was that there may be another bonus involved. If you are subtracting 15% for roads and wetlands, suppose a property has 35% wetland? What do you do with that? He said that is another bonus that is given. He said another thing that he would ask is what kind of protection is in this ordinance for people on these little lots not having septic fumes going from one lot to another? Is there a way to contain the septic system out flow on the lot that they own? Is there a minimum amount of road that the town is obligated for each lot? Can they be like some the cluster subdivisions right now that have 300 - 400 feet per house?
Councilor Christy said that we spent about one and a half to two meetings where we talked about arsenic in the Town of Standish and how that is becoming a plague as far as wells are concerned. We also looked at extending water, when you look at the figures as far as incentives are concerned and an invocative way to build our infrastructure to bring water to those areas that are going to require it. He said that sooner or later. He said that he hears what Lou is saying, what Bill is saying, buts its one of these or the other. He said that we could keep the status quo what's going to be the motivator for a development to move that line. He said that there has to be some kind of incentive. He said that they worked that over in their minds and they knew that it was controversial. He said there were many
developers that would love to be out there. He said that they thought the water was important ideas in helping the town grow and over come some problems that we recognize. Those are two critical ones that we talked about at great length.
Mr. Billington said that Mr. Orr brought up a point of what if there were 35% of these lands that are unsuitable for development. He said that it wasn't brought up in the example but going back to what Councilor Christy read earlier, you would reduce the total area by 15% for streets and rights-of-way. In addition those areas that are not suitable for development. He said that 35% would further reduce the acres available for development by another sixteen acres. That would bring it to twenty-seven acres that could be developed so you would reduce the subdivision by lands not suitable such as out cropping, steep slops and things of that nature.
Bud Benson said that looking at the two examples quickly. In the non-clustered fifty-one acres they took out for 15% for infrastructure. But it's not done that way. What is done is you take out the amount of roadway that is actually used. He said that the difference in this instance amounts to two lots. He said that if you take sixteen lots and you had eight lots on each side of the road you would get sixteen hundred liner feet of road you would have two acres. You would have to subtract two acres from the fifty-one acres and then divide that by three.
Davis Thomas said that if his neighbor across the road put in a development and they brought the water main up Thomas Road. Then later on we decided to put in a development and we wanted to tap into that water main. The original developer brought up the water and paid for it but am I allowed to cross the road and tap into that? Then he said that if he was able would he have to pay for it?
Mr. Billington said that to connect to a main from a main there is no charge. He said that individuals connecting to a main for ten years after that main is put in will pay a prorate amount of the distance to which they are putting in their line. That would be a fixed fee from the Water District.
Sue Watson asked if was 90% of the town that this would affect? What percentage is rural?
Mr. Billington said that this ordinance applies to all zones. He said that there are already bonuses built in for areas that already have water. They get a 33% reduction in lot size.
Sue Watson said that was her concern. She said that she hoped that the Council would use common sense. She said that we did not get our growth ordinance in place. We did not get our land use in order. Then what do we do? We decided not to take it to the voters. She said that that perplexed her. She said that she was also perplexed that a real estate broker would bring up the ordinance to the Planning Board. She said that she would have thought that the Planning Board would.
Councilor Simpson called for a point of order.
Sue Watson said that the ordinance that she read had his name on it. She said that she would apologize if she was wrong. She said that the Planning Board has at least three members with large tracts of land. She said that she felt that they brought it forward and probably these members should have abstained. She said that this would be a tremendous impact to the community. She said that she took a ride to Steep Falls and looked at Cathedral Drive and Fairwind Drive and counted twenty-three little houses on one and twenty-one little houses on the other. She said that we are setting the community up for lots of little houses on little lots. She said that she left Scarborough yesterday and saw what has happened there. She said that she didn't know who was putting up the sign tomorrow that you can buy a
one-acre lot in a rural zone. She said that it was a sad state of affairs.
Bill Orr said that he would like to rebut something that Mr. Christy said. He went on to say that he didn't think that there should be any incentive for the extension of mains. He said if we look at what a developer does, he does what is profitable for him. He won't bring in water mains unless it's cheaper than putting in wells. He said if you want o have incentives for mains being extended any development should have a flat fee that they put into a fund to extend water mains. He said that you will only get the barest extension. The only land that will have water is land with mina on it already.
Councilor Pomerleau said that there is no cap here. If I had four hundred acres I could conceivably get 32 houses as a bonus? He said was there discussion of a cap?
Paul Mosley said that right now there is no cap. But, that is why we came back to the Council with the suggestion of imputing a growth ordinance. So there can be some control on that. He said that there can be some advantages to a large development and developer bringing a public water supply to a large development. He said that the chances of that happening are greater with a large development than with a three or four lot development. He said that the advantage of the bonus lot was in approximately cost factors in bringing in mains. It was to provide almost a break even cost amount for the developer to bring that in versus the cost of wells. He said that this gives some incentive to go with the water main but not a great incentive. The incentive increases with a large development.
Councilor Pomerleau brought up Bruce Avery's comments about for example twenty-four houses, forty eight kid times eight thousand, then we get to the 42% that Standish pays. It will only get bigger. He said that a fifty acre would be like his car payment of $3 a day. Three dollars a day doesn't sound like a lot but it adds up. He said that if we are going to get into this we should look at capping the number for clustering.
Paul Mosley said that to come back to Mr. Avery's comments. Why the Planning and Ordinance Committee came back with a recommendation to put a growth ordinance in place in conjunction with this and let that be the controlling factor. He said that with the growth ordinance just so may lots will be permitted. He said that you could give someone a thousand bonus lots but if there is only 85 permits a year that's all you'll get regardless of how many bonus lot's.
Councilor Pomerleau said that you are assuming that it will be 85 lots.
Councilor Christy said that there is a smart growth ordinance being reviewed and one of the limits is for 85 units per year that can be built. He said that those units include mobile home lots, single family lots and everything. The reason that it is not back from review. He explained that you have to go over the last ten years that were given for development. This would eliminate the concern of anything over eighty-five being issued in one year. That would include everything.
Councilor Pomerleau said that he wished that it was here now before we vote on this.
Councilor Nesbitt said that he had a question for Mr. Avery, how much of that $8,000 cost is as far as other income such as taxes, expenditure within Standish, excise tax, buying services in Standish. He said that there is some benefits to the Town by residents accrued by the Town and its not all totally expenditures. He said that really needs to be looked at in perspective rather than just saying it's going to cost $8,000 for education. He said that you have to look at the total net.
Mr. Avery said that he was not saying that the direct cost to the taxpayer will be $8,000. What he was saying is that it cost about $8,000 in terms of education in SAD 6. He explained that about 50% of that cost is borne by the local taxpayer now or about $4,000 per child. With quick calculation you take a $150,000 home at 80% value which would base it at $120,000. He said that traditionally that 75% of the tax revenue brought in go to the school district. Which is about $2,000. He said that what he is saying is that you have about $4,000 in local costs per child. They pay $2,000 worth of property tax to offset that which leaves $2,000 that has to be picked up by the rest of the taxpayers in the district. He said that at 42% Standish picks up a hefty share of that. He said that typically what towns try to
do is keep things revenue neutral. He said that he just wanted people to understand that just this eighty-five houses that we are talking about is going to generate the increases that we see each year in the school budget.
Councilor Nesbitt said that we have to look at the whole picture.
Councilor Simpson said that he had a question of Bruce. He said that indirectly what he was hearing was that you thing we run on a user fee. He said that he had said his before. He said that this kids had been out of school for a long time. He said that right now he was paying for his kids but he is also paying for the fact the he had kids in twelve years of school and all the years that he'd been here since 1959 he'd been paying taxes for schools. He said that you have to look at it on the broad picture not the short term of what one child is going to cost.
Bruce Avery said that that he had that discussion with his mother when she though that she had already paid her bill. He said that he told her that you can never pay your debt. Take the four kinds that she had in the school district times what she would having to pay in interest for us loaning her that money for educating her children. He said that every kid that we have makes us have to buy another bus, we have to extend the school, hire another teacher. He said that there is an impact. He said that everyone has to pay for their share of the schools because we all benefit it they are working in high paying jobs and not in jail. He said that he did not have a problem with cluster housing; he said that it is a very generous bonus. But it does have an impact. He said that the smart growth ordinance will take
care of most of his fears.
Councilor Spencer said that the spreadsheet that the Town Planner had supplied showed the number of permits over the past ten years. He said that a lot of homes come into Standish but you don't notice them when they are here and there. He said that one year there was over a hundred building permits. He said that the lowest point was down in the 50's. But the average was 75 to 78 homes per year in the Town of Standish. He said that the misconception might be that you have a cluster development and all the homes are in one area. But the years that you had the individual homes sprout up all over town you really didn't notice that. There was no concern of the 75 to 100 homes. He said that regardless of what you do whether it is cluster or three acre lots, historically you will have 75 to 95 brand new homes in
the Town of Standish every year.
Mr. Billington said that your numbers are right.
Chair Hopkins said that she would like to clarify the equation. She said that here concern was the unbuildable acreage. She said what she thought that she had heard was when you deduct the 15% that 15% included the unbuildable property.
Paul Mosley said no.
Chair Hopkins said that she want to make sure that a certain percentage of that initial fifty one acres is unbuildable. That comes right off the top and it is not factored into the other equation such as the 15% for infrastructure or the bonus.
Paul Mosley said that is correct. He said that he 15% is just an approximate maybe it's a little too generous. As Bud had said it technically be the amount of actual square footage that there is. He said that when we talk about roads and infrastructure we are talking about the roads and anything that is in the right-of-way. The retention ponds, fire tanks anything that becomes part of that area that is not developable. He that's that figure it is actually calculated out by the square footage. But it will come out to about 15%. He said that's deducted.
Mr. Billington said that when you get to the clusters it's a flat 15%. When you are not in a cluster it is whatever the square footage is. In Buds example it would be about 5%. Which would have allowed you to put 16 homes into the fifty one acres. Mr. Billington said that in cluster it is a non-negotiable number.
Paul Mosley said that you take 15% off for cluster subdivisions and then you go back and add to that deduction wet lands, out cropping, steep embankments and that comes out of part of what's deducted. He said that the percentage of the total acreage will be significantly more if you add that all in.
Councilor Spencer said that it could be as high as 25%.
Paul Mosley said that it could be as high as 50% of the total acreage to be developed. It depends on what's out there. Once all that's deducted then you start with your net residential acre and all the calculations come from that.
Chair Hopkins said that she would like to see this tabled until we look at the zoning which is on the table with the committee and also the smart growth ordinance. She said that she knew that some people feel that these are not tied together but she said that she thought that it was part of the big picture. She went on to say that they do influence each other. She said that she supported the cluster development concept. She said that she would rather see the green space around her than three acre lot houses. She again said that she would like to see this tabled until the September time frame when we have the growth ordinance as well as the re-zoning information.
After a public hearing without additional Council or public discussion the above titled ordinance amendment was adopted effective immediately and the hearing was closed.
VOTE: 6 Yeas - 0 Nays
54-03 Amendments to Standish Town, Chapter 223, Section 11, Septage Waste Disposal [Simpson]
Moved by Spencer Seconded to dispense with the reading of the order. (Unanimous)
Councilor Simpson explained that this was in effect right now under an emergency ordinance. This is the public hearing on this, this is where the Portland Water District is charging us an administrative fee of $50 per thousand gallon pumped and we have to adjust our ordinance accordingly.
After a public hearing without additional Council or public discussion the above titled ordinance amendment was adopted effective immediately and the hearing was closed.
VOTE: 6 Yeas - 0 Nays
80-03
Applications for Victualers License Renewals/New Application [Hopkins]
Moved by Spencer Seconded to dispense with the reading of the order. (Unanimous)
Chair Hopkins explained that there was one new application. She also explained that the applications were approved after the inspections were completed and she noted that some of the applications were marked pending.
After a public hearing without additional Council or public discussion the above noted applications were approved and the hearing was closed.
VOTE: 6 Yeas - 0 Nays
81-03 Application for Renewal of Bottle Club License - Patricia M. Giguere and Gerard P. Giguere, Jr. dba Wildwood Function Center [Hopkins]
After a public hearing without additional Council or public discussion the above noted application was approved and the hearing was closed.
VOTE: 6 Yeas - 0 Nays
June 10, 2003 Municipal Referendum Question Informational Hearing
Councilor Simpson explained that on June 10, 2003 as well as election of officers there will be one referendum question. The question is regarding our capital improvement program and we are recommending yes vote on question one for bond of $255,000 for an emergency rescues vehicle for $125,000, a 4WD and backhoe for $70,000 and a highway truck for $60,000. He said that is not the total capital improvement is $384,000.
After a public hearing without additional Council or public discussion the hearing was closed.
COMMITTEE REPORTS
Council Christy said that there are two committee reports that he will speak about. He said that the Ordinance Committee has reviewed a smart growth ordinance and reviewed all sorts of input to try to keep everything in line. It is undergoing legal review at this time. It should be brought to the Council at the June meeting if that is the Chairs pleasure. He said that there would be no problems with it.
Councilor Christy said the Ad-hoc Beach Committee working on the beach. There have been two meetings so far and they have been great. The people are outstanding; we have gone outside the box as far as suggestions are concerned. We have come up with eighteen locations, different sizes and different ideas. He said that we have students from the high school that are monitoring what we are doing. He said that everything has been very positive up until this point. The next meeting will be this Thursday night and we will be reviewing the criteria of picking the best beach.
Councilor Pomerleau explained that Capital Improvements met last Tuesday and discussed awarding the winter plowing and sanding bids that are a three year bid that will be on the agenda later this evening. He said that they discussed having a meeting at the Portland Water District regarding looking at the water mains in town. The meeting will involve location of current mains and potential expansion. He said that they talked about Route 25 and the Oak Hill Road intersection but have decided to wait for the Roadway Planning Committee to complete their studies. He said that they discussed Boundary Road and will probably start working on that soon. He said that there may be a change order for that because they are looking at re-aligning the Route 113 and Boundary Road intersection and looked at the Middle and
Boundary Road intersection. He said that with Boundary and Route 25 being torn up a lot of people are using Job Road. He said if you are using Job Road drive slow because there are a lot of children on the road.
Councilor Nesbitt said that the Ad-Hoc Arsenic Committee met the other night and part of the focus of the meeting was to talk about the potential for water main extensions and the impact that would have with water quality and public health. He said that the Committee feels that they have met their goals and duties at this point and will start to prepare a final report, probably for the July meeting. He said that it is winding down but they will gather the data that will be a resource for the other planning that is going on.
Councilor Nesbitt said that the Economic Development Committee reviewed the water extension proposals. He said that they also had a presentation on the idea of a commuter train coming into Sebago Lake Village. He said that in the early stages at this time.
He said that the third year grant for the Safe Community Collation is on the agenda tonight. The Committee did participate in the Kiwanis bike rodeo this past weekend. The other major area of activity has been regarding the Sebago Village infrastructure. He said that may be ready to come to the Council by June meeting. He said that at the Route 114 Intersection tomorrow will meet to discuss the rehabilitation of Route 114.
Councilor Simpson from the Finance Committee the Town is in very good condition financially. He said that we have a good cash flow and we didn't have to go out and get a TAN. He did explain that the Public Safely and possibly the Building Maintenance accounts will be over drawn and we will need a Special Town Meeting.
Councilor Simpson said that the Recycling Committee has determined that recycling has dropped off a bit, but the overall tonnage is pretty good. He explained that there are five mailings going out starting the 22nd of May. He said that people have asked if there will be a hazardous day and that will be August 23rd.
Chair Hopkins asked if there was anything from the Portland Water District Steering Committee that needed to be reported.
Councilor Simpson said that we are meeting tomorrow night to discuss the plan of what we would like to get out of the District if we were to become a member.
EXECUTIVE SESSION
Moved by Simpson Seconded and Voted to move into executive session for the discussion of a legal matter.
Moved by Nesbitt Seconded and Voted to arise from executive session. The Council arose from executive session by unanimous consent at 9:40 pm.
C ONSENT CALENDAR
No item this evening.
UNFINISHED BUSINESS
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 to remove this item from the table (Unanimous)
Moved By Simpson Seconded and Voted to indefinitely postpone this item. (Unanimous)
NEW BUSINESS
83-03 Change Date of Regular Council Meeting in June [Hopkins]
Chair Hopkins explained this is done each year so the Council meeting doesn't conflict with voting day.
VOTE: 6 Yeas - 0 Nays
84-03 Establish Opening Time of Polls on the Notice of State Referendum for June 10. 2003 Election [Hopkins]
VOTE: 6 Yeas - 0 Nays
85-03
Approve Warrant for MSAD #6 Referendum Election to be Held June 10, 2003 [Hopkins]
VOTE: 6 Yeas - 0 Nays
86-03 Authorize Standish Lions Club to Hold Charity Toll on Moody Road [Hopkins]
Chair Hopkins explained that this is the third or fourth year that this has been done. She then asked Roger Mosley if he had a problem with this order?
Roger said no.
VOTE: 6 Yeas - 0 Nays
87-03 Reactivate Ad-hoc Building Committee as the Community Center Study Committee [Hopkins]
Chair Hopkins said that the last workshop Councilor Simpson lead the conversation about reactivating the previous Ad-hoc Committee. She said that the members of the committee that are being reactivated are Mr. Simpson, Mr. Mosley, Ms. Drew, Ms. Edwards, Ms. Raymond and Mr. Sutton. She said what we have added to the committee is and additional Council representative, the Recreation Director Linda Brooks has agreed to serve and to include two high school students Katie Brooks and Billy Kennie.
Moved By Simpson Seconded and Voted to amend the order to reflect ten members. (Unanimous)
VOTE ON AMENDED ORDER: 6 Yeas - 0 Nays
88-03 Award Bid for Legal Services [Hopkins]
Chair Hopkins said that this was put out to bid and the Council process was to bring in the lowest bidder which happened to be our current firm. She explained that a special workshop was held where the Council asked the lead attorneys of the firm questions.
VOTE: 6 Yeas - 0 Nays
Chair Hopkins explained that 89-03, 90-03, 91-03 and 92-03 all refer to contracts. She said that she will ask the Mrs. Chapman to read them all at once and then Councilor Pomerleau will explain the orders.
Moved by Simpson Seconded to dispense with the reading of the order. (Unanimous)
Councilor Pomerleau explained that this came out of Capital. He said that we went through a bid procedure and we have taken the low bid on all four of the proposals. He said that he would like to amend all the orders.
Moved by Pomerleau Seconded and Voted to amend order 89-03 to add the name of Clyde Foster and Sons for Plowing Route 1 in the amount of $44,842 for the first year, $47,084 for the second year and $49,438 for the third year.
(Unanimous)
Moved by Pomerleau Seconded and Voted to amend order 90-03 to add the name of Emery Bros. for Plowing Route 2 in the amount of $78,755 for the first year, $80,320 for the second year and $82,692 for the third year. (Unanimous)
Moved by Pomerleau Seconded and Voted to amend order 91-03 to add the name of Clyde Foster & Sons for hourly plowing and sanding in the amount of $75 per hour/per unit for the first year, $80 per hour/per unit for the second year and $85 per hour/per unit for the third year. (Unanimous)
He said that we only use this one when we really get backed up and need the extra help.
Moved by Pomerleau Seconded and Voted to amend order 92-03 to add the name of Jamison Construction for plowing and sanding of parking lots in the amount of $16,280 for the first year, $17,094.50 for the second year and $17,949.23 for the third year. (Unanimous)
Moved by Simpson Seconded and Voted to vote on orders 89-03, 90-03, 91-03 and 92-03 collectively. (Unanimous)
VOTE ON ALL FOUR ORDERS: 6 Yeas - 0 Nays
93-03 Utility Location Permit - Central Maine Power Company - Cole Hill Road [Hopkins]
VOTE: 6 Yeas - 0 Nays
94-03 Authorize Town Manager to Accept the Third Year of Funding for the Safe Community Grant for a Total of $9,600 [Nesbitt]
Councilor Nesbitt said that this was self explanatory, this is the third year of a declining grant from the State. This funding helps in education of prevention of childhood injuries.
VOTE: 6 Yeas - 0 Nays
95-03 Emergency Amendments to Standish Town Code, Chapter 245, Solid Waste Recycling and Management [Simpson]
Moved by Spencer Seconded and Voted to dispense with the reading of the order. (Unanimous)
Councilor Simpson explained that this is result of a question that came up the last Council meeting by Councilor Lymburnrer. He said that we have three businesses that are in town that were licensed and personal commercial/industrial haulers.
Chair Hopkins said that she had some questions regarding the dates.
Councilor Simpson explained that July 1 expiration the reason it is in as an emergency order now. We want to give these people notice that they need to hire a commercial hauler.
Chair Hopkins said what are we going to do for those three individuals that have just purchased licenses?
Councilor Simpson explained that they all knew that the licenses expire June 30th.
VOTE: 6 Yeas - 0 Nays
96-03 Amendments to Standish Town Code, Chapter 245, Solid Waste Recycling and Management (Introduction) [Simpson]
Moved by Spencer Seconded and Voted dispense with the reading of the order. (Unanimous)
Moved to First Reading at the June meeting of the Council. (Unanimous)
97-03 Amendment to Town of Standish Fee Schedule [Simpson]
Councilor Simpson said that this is needed because of the last two orders.
VOTE: 6 Yeas - 0 Nays
98-03 Authorize Payment Plan for Tax Acquired Property - Webber, Phillip - Map 34 Lot 23 [Simpson]
Moved by Spencer Seconded and Voted to dispense with the reading of the order. (Unanimous)
VOTE: 6 Yeas - 0 Nays
99-03 Authorize Payment Plan for Tax Acquired Property - Giggey, Gloria - Map 19 lot 27 [Simpson]
Moved by Spencer Seconded and Voted to dispense with the reading of the order. (Unanimous)
VOTE: 6 Yeas - 0 Nays
PUBLIC ITEMS
Dave Thomas explained that last night he attended a Portland Water District meeting and there were a lot of things that went on and it was taped by the town to shown. He said that there would be a Steering Committee Workshop tomorrow. He said that he had a question about our rights. He said that he had found out the Water Distinct was responsible for planning trees at the parking area near the boat launch. He said that he was hopeful that some action will be done to reclaim that parking area and other encroachment on our public ways. He said that he was not sure what the Town Council could do. He said that he was concerned that it was a long time before the next Council meeting. He asked what were the possibilities are open to the public when something like this takes place and encroaches on our public
ways.
Chair Hopkins said that you have two or three items that you talked about. The meeting tomorrow night for clarification is for Standish members only. She said that the next meeting of the whole Steering Committee is expected to be held in Standish and will be televised. The date is to be determined. She said that if people have concerns on actions they can call the Town Hall and talk to the Town Manager or they can call the Water District. She said that her understanding of where they put the trees in the parking lot at the old Station One was once leased by the Town. The fire House is no longer there and the lease for that dissolved. She explained that verbally the Town had been given the impression that we could continue to use that land for parking for the boat launch. She said if you read the lease,
once we were done using it as a fire station it reverts back to the Water District. She said that the Town was not advised of the planting.
Dave Thomas said if someone breaks the lease does it behoove the Town Council to take legal action. Does a citizens have to do that?
Chair Hopkins said that the lease was with the Town and we would manage that. She said that right now it looks like the lease was not broken. She said that we had certain expectations but reviewing the lease it says that when we are done using it as a fire station it reverts back to them. She said that technically we don't least it any more.
Mr. Billington said that he had talked to the Portland Papers about this and gave them the exact information that Councilor Hopkins just gave you. He went on to say that he found out from the District that the Director of Operations and Plant and Management were not aware the trees were put in there. The District has a standing contract with a conservation company to put trees on their vacant lands. The company put the trees there.
Dave Thomas said that will constitute tree growth and they will have a reduction in taxes.
Councilor Simpson explained that it was not over ten-acres so it would not qualify for tree growth.
Councilor Christy asked that the Portland Water District be asked when we had the boat launch referendum there were monies for a nature park. Is that still a go situation and what are their plans?
Mr. Billington said that at last nights meeting they said that they planned to go forward with that nature park.
Felicia Cummings said that she wondered has anybody done any physiological research on the community that has cluster housing? Or any subdivision? She asked if anybody knew what happens in the common ground of these subdivisions? She said that she rides her horse and has been shot at by arrows. She said that she didn't know what the physiological effect was because you are bringing neighborhoods into a nice little town.
Councilor Christy said that wasn't part of the discussion. What they did bring up was the cluster ordinance that we have before us now is completely different from the ones in the past.
Felicia Cummings said that is just not the clusters but the growth rate. She said that 85 houses a year is low. She said that she sells real estate.
Council Christy said that the number would includes all types of units.
Felicia Cummings said that it seems higher to her.
Councilor Christy said that we have to take the average because that's what the State says for compliance.
Felicia Cummings said that 85 times two kids.
Councilor Christy said that there will be elderly in there too. He said that there are people that are interested in assisted living in Standish. He said that would be included in the number of units. He said that in that 85 there would be a number of different uses. To go back to the cluster development with this new ordinance there is an entitled or heightened awareness of what goes in there. The homeowners association would have to police that. The open areas can be used by others if the association agrees to that.
Felicia Cummings asked if the crime rate over the past five years gone up?
Councilor Christy said in the White's Bridge area only.
Felicia Cummings said that she was aware of that because they had been broken into.
Councilor Christy asked if she had told her Council representative?
Felicia Cummings said that she had listened and wondered how it will affect us as a community. She said that they moved to Standish to retire and live out their dream and she felt that was going to be taken away from them.
ANNOUNCEMENTS
Several upcoming meetings were announced.
EXECUTIVE SESSION (S)
Moved Seconded and voted to move into executive sessions for discussion of personnel and real estate matters. Moved by Nesbitt Seconded and Voted to arise from executive session. The Council arose from executive session by unanimous consent at 10:30 pm.
Moved Seconded and Voted to adjourn. The Council meeting adjourned at 10:30 by unanimous consent.
Submitted by: ________________________ Clerk/Secretary
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