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 from the May 13th meeting were approved as submitted by unanimous consent.
PETITIONS AND COMMUNICATIONS
The Clerk said that she had not received any petitions this month.
The Town Manager said that there had been no communications this month.
REPORT OF THE TOWN MANAGER
The Town Manager said that he had a few brief items tonight. He said as a reminder for everybody the reconstitution of town owned roads included Boundary and River Roads this year. This will include putting down the base pavement this year and in the spring of 2004 the finish pavement will be put down. He said that there will be base pavement put done on about 2,500 feet of Milt Brown Road this year. Also, this year we intend to resurface Thomas, Blake and the urban compact section of Saco Road. He said that next year Cape Road is scheduled for reconstruction.
Mr. Billington explained that the homestead exemption had been changed for the next fiscal year due to the state budget short fall. He said that the Governors initiative has resulted in a reduction in exemptions. He said that for properties assessed up to $96,250 the exemption will be $5,400 for those above $96,250 but less than $192, 500 the exemption will be $3,800. He said for assessments over $192,500 the exemption will be about $2,000. He said that those exemptions will be effective in the bill of November of 2003. He said that they could have been as high as $7,000, $5,000 and $5,000 respectively if our assessment ratio was not way below market value. He said, as many of you know that the Maine Revenue Service had done an audit of our valuation in the Town and they have directed that we do a
revaluation to prevent us from getting a reduction in state funding. As a result there is money in this years budget to do a revaluation. We have advertised for RFP's and those bids will be opened later this month. He said that the plan right now is if they are accepted and the budget does pass with that amount in it, we could start the reassessment next year to have it in place by April of next year. Everyone in the town will be contacted; we'll put it up on the web site showing what the new assessment will be. Everyone will have an opportunity to meet with the Assessor to discuss the assessment.
Mr. Billington said that Mary Chapman will give the department report this month.
The Clerk reported on the duties of the counter clerks and statuary and charter requirements of the Town Clerk.
Councilor Lymburner asked about the homestead exemption and questioned what the loss to the Town would be?
Gordon Billington explained that they that is they lose 1,000 of valuation it world equate to $20.
Councilor Lymburner said that we were successful in opposing some legislation that was in Augusta.
Mr. Billington said that the Council took a position to oppose a couple of pieces of legislation this spring. One was LD 1359, which was an act to allow consumer owned water utilities to be self-governing as a trial basis. In other words they would be out from the Public Utilities oversight. That went down in defeat in the Senate by a vote of 20 to 14. In the House it was a vote of 114 to 22 to indefinitely postpone that, in essence that killed the bill. The Council was in opposition to that bill.
Councilor Lymburner asked about the lease back bill.
Mr. Billington explained that the concern that the town had was that it would allow a consumer owner utility to sell their land to a holding company and lease that land back. That would then allow the holding company to be tax exempt. He said that the bill was drastically altered to where land was taken out of it. The bill did pass but it excluded land but included personal property. Also, it didn't create the tax-exempt entity. He said that was modified drastically. He said that we thank Gary Moore for all his help and keeping the Town informed about the process.
Councilor Lymburner said that a little over a month ago we had a pretty serious situation that happened in Steep Falls with the Boundary Road washing out. She said that it was a dangerous for traffic and children in the area. She said that she would like to complement Roger and his crew for responding swiftly to correct that dangerous situation.
PUBLIC HEARINGS
None this meeting.
COMMITTEE REPORTS
Councilor Lymburner explained that the PWD Steering met on May 14 and came up with a list of goals, information and questions that we have for Portland Water District in regards to or membership on the Board of Trustees. Whether or not that is something that we want to move forward on. She said that she had announced that we were going to meet on June 5 but that meeting had to be changed and will be held June 4 at 3:00 pm. The meeting is for the purpose of looking overt the questions and so forth.
Chair Hopkins said that would be the Standish members only.
Councilor Christy said that the Beach Committee has been moving forward in a positive manner. He said that it has been difficult because of the weather. He apologized for the inconvenience that some of the members experienced. He said that they are moving forward and are down to five sites. He said that he was happy to report that a simultaneous report is being done by students at Bonny Eagle High School and will be out soon. He said that the Committees report would be done for June workshop. He said that they had eliminated thirteen sites and are down to five that they are looking at seriously.
Councilor Nesbitt said that the Economic Development Committee has reviewed the past years activities and feel that they established a baseline that can be followed through on a progressive basis over the next several years as far as the mission goals of economic development in concert with the other actives in growth in the town. He said that other recommendations coming out of the committee are there should be a major effort to move the Comprehensive Plan to update that plan. Many things in the Comprehensive Plan need to be done before you can move ahead with other things. So, the Comprehensive Plan update is something that they would like brought forward as soon as possible.
Councilor Nesbitt said that the Public Safety Committee meeting was attended by Chief Butkus who gave a good overview of the Public Safety Department. He said Chief Butkus brought up a couple of concerns that he has observed in his short tenure here. One was with the mailbox id's and how difficult to identify a specific mailbox. He said that one idea that is brought forward is in August to have a demonstration on this topic. The other activity of the Public Safety Department is Planning for the Health and Safety Fair in the fall. The initial review of the fair will be improved over the last two years and there will be more community involvement. St. Joseph's Community Outreach is taking an active role in the fair. He said that there will be a meeting on June 12 for the Route 114 improvements project. Other
meeting regarding this will be held. He said that the Manager has provided a mailing list of residents in the area for notification purposes.
Mr. Billington said that there will be two mailings from MDOT. One letter will go to all abutters of the road. The second mailing will go to everyone in the Sebago Lake Village area.
Councilor Nesbitt said that he would like to see the signboard used to notify of the current committee opening.
Councilor Simpson said that from the Finance Committee the Town is in good shape. The excise tax collection has exceeded the budget. He said that there may be two areas that we may need to have a Special Town Meeting for but one was building maintenance and that will be a tight squeeze but we can make it. Councilor Simpson said that congratulations were in order to Chief Butkus and his predecessors because we though that we would be way short in that budget, but we will only be about $15,000 short. The Finance Committee will meet at a Special Meeting next week and there will be the need for a Special Town Meeting on June 24 for the purpose of taking money out of reserves to cover this shortage.
Councilor Simpson said that as far as recycling goes there has been one mailing and another is set to go out. He said that the residents will be receiving another four mailings. He explained that the last one will be geared towards hazardous waste day which will be August 23. He went on to say that in April we saw the trend in recycling go the opposite way. He said that he hoped that people realize that we have to stay in a recycling mode if they want to stay out of a pay per bag situation.
CONSENT CALENDAR
No items this meeting
UNFINISHED BUSINESS
96-03 Amendments to Standish Town Code, Chapter 245, Solid Waste Recycling and Management (First Reading) [Simpson]
Moved by Simpson Seconded and Voted to dispense with the reading of the order. (Unanimous)
Councilor Simpson went on to explain that it is now effective under emergency ordinance. He said that this is the first reading and will go to public hearing next month. He explained that this affects three businesses in town. Councilor Simpson explained that we did have a personal/industrial hauler license and the Recycling Committee recommended that we do away with that.
Councilor Lymburner asked if we exclude these personal/industrial haulers does that mean that the large volume haulers will able to get stickers for $25 instead of $100?
Councilor Simpson said that they will not be able to bring it to the transfer station. They will have to take it directly to RWS or hire a commercial hauler to haul it.
Councilor Lymburner said so commercial businesses are not allowed to take their trash to the transfer station?
Councilor Simpson said that's correct.
This item was Voted to Public Hearing at the July meeting of the Council.
NEW BUSINESS
100-03 Amendments to Standish Town Code, Chapter 181, Part 6, Growth Management (Introduction) [Christy]
Moved by Spencer Seconded and Voted to dispense with the reading of the order. (Unanimous)
Councilor Christy said that for the last year and a half we have heard in various tempos about the need for a Smart Growth Ordinance in the Town of Standish. He said that his first recollection of this is from the range way study which took place for over a year now. He said that we should be looking at that very seriously and looking at a Smart Growth Ordinance as we went along. He said that we also looked at land use as we looked at the infrastructure. He said what has been promised for a long period of time is a Smart growth Ordinance which has past muster as far legal review is concerned. He said that the history of Growth Ordinances in the past has been one where the intent has been found to be illegal. He said that this will allow the town to move forward in an orderly manner. He said that he would
like to review a few key points tonight that he thought are very important before we make our decision on this. He said that this covers a multitude of different endeavors that they are looking at. He said that the first part is to protect the health, safety and general welfare of the residents of Standish through placing limitations on residential development and meeting the following, which he said are vary important: To provide for the immediate housing needs of the existing residents of Standish; To ensure fairness in allocation of Building Permits; To plan for continued residential population growth of Standish which would be compatible with orderly and gradual expansion of community services he went on to say thaw they have been looking at that portion seriously lately. He went on to say including but not limited to, education, public safety, transportation infrastructure, waste disposal and health services. He said that it will have an affect on all of those. He said that he
had hoped that people had gone through it because he didn't want to go through the boilerplate but he wanted to hit some of the items that may interest some people, especially those who have family lots right now. He said that Article E. under Exemptions which is important to consider. Dwelling units for family members built on family gift lots as defined by 30-A MRSA 4401. 4. D-4., as may be amended from time to time, except that no more than one new exempt dwelling shall be allowed by gift per family per year. He said that also is a key part in this which he said he thought was very important is that the 85 figure is one that we have always kept in mind. He said that's how other growth ordinances run a fowl in the past is they pick an arbitrary number. He said that court cases have shown that you have to take a number of years to come up with a figure which is compatible with what the courts will allow. He said that we looked at the past ten years, out of that we find there was
a high of one hundred units and a low of forty-five. He said that the average is about eighty-five. He said that as far as administration and this is important and he said that he would read it. Maximum Number of Dwelling Units unless and/or until this Ordinance is amended, the maximum number of new Growth Permits issued shall be eighty five (85), from July 1, 2003 to June 30, 2004, and annually thereafter from July 1 to June 30, plus two (2) additional Growth Permits that shall be for affordable housing constructed by Habitat for Humanity or a similar not for profit organization. B. In the event that fewer than eighty five (85) Permits are issued in any one year, up to fifteen (15) of the unused permits may be issued in the following year, in addition to the eighty five (85) that would otherwise be available. C. No more than 75% of the Growth Permits shall be issued annually for dwelling units within subdivisions, and no more than 15 growth permits shall be issued in any year for
dwellings in a single subdivision and This Part shall apply in all zoning districts. He explained that a separate application shall be required for each dwelling unit. No person, partnership, or corporation shall be issued more than 15 permits annually. Corporations shall be treated as the same corporation for purposes of this ordinance if they share common directors and/or shareholders. Any person or corporation that is a partner in a partnership shall be considered the same person as the partnership. He said that Growth Permits shall be available on a first-come, first-served basis. Expired growth Permits shall be available for re-issue. If, at the end of the fiscal year, there are any unissued Growth Permits still available, no more than fifteen (15) may be carried over to the next year. He said keep in mind that the high that we have had in the best year was 100 and the low was 40. He said that he would through in the number that Peter Arnemann the Assessor came in with a report
that the growth at any one time is 1.3 % as far as new housing. Replacement with Building Permit and Expiration. A Growth Permit shall be replaced by a building permit for a dwelling on the specific site for which the Growth Permit was issued. A Growth Permit which has not been replaced with a building permit within 90 days of Growth Permit approval by the CEO shall be considered expired and must be resubmitted for consideration. He said that this will take care of the hoarding situation. He said that if anyone has ever been a builder the number of units and interest rates..... Resubmitted Growth Permit Applications will not have any priority over other Growth Permit Applications. The expiration of the building permit shall be in conformity with the Town of Standish Building Code. Conflict with other ordinances, he said this is always a concern that we have and we are continually as a Council looking back at orders and ordinances tot see if there is a conflict. He said that he
didn't know of anybody on this earth that has written a perfect ordinance. He said that most that he has ever worked with in the past in either school or city law is there is always something that you have to go back and review. He said that the beauty of it is the amendment process. He said if you don't try something it never gets done. You never meet the need, maybe it's the short term but the beauty of it is you can always amend it. He then read the following: This Part shall not repeal, annul, or otherwise impair or remove the necessity of compliance with any federal, state or other local laws or ordinances. Where this Part imposes a greater restriction upon the use of land, buildings, or structures, the provisions of this Part shall prevail. Automatic Review, he said that this part is very important. This Part shall be reviewed by the Planning Board in June 2006. He said so there is an automatic review to see that this is meeting our needs if it isn't we'll throw it out. If it
needs tinkering we'll fix it. He said that the point that he can make is review is good. He went on to say that there are a lot of laws on the books that don't amount to any good whatsoever. He said that every law that's put down should be reviewed for the good of the all. Every three or four years the quality of live changes in any community and needs to be reviewed. This Part shall be reviewed by the Planning Board in June 2006 to assess the efficacy of this Part and to ensure that the annual maximum growth rate has not become inconsistent with the Town's capital program requirements to establish, maintain, or enlarge needed public facilities and services. Based on its review the Planning Board may recommend amending this Part. He said that he though this part was very important. He said that in closing he would say that it is impossible to catch every problem that the ordinance might face. He said that the intent is honorable and true. He said that a point that he thought was
very important was that it can be amended as problems are discovered to correct those. He said that it allows time for the Town to move forward in some of the ventures identified as critical, infrastructure, range road proposal and looking at land use. He said that he though that this was a step in keeping with what the people want. He said that there wasn't anybody that he knew of in the Greater Portland area or southern part of the State that isn't looking at a smart growth program that tries to meet the needs of the people as well as the demands that are being brought before them. He said in that respect is it's just a general review of where we have been for the last year.
Chair Hopkins reminded that this was the introduction of this ordinance and it will still need to go through two more months, first reading then public hearing if this is moved forward tonight.
Dave Thomas asked Councilor Christy to explain the impact that Mr. Avery said that the schools would experience. He said that during the school budget process there was discussion about growth and process and housing units and the cost per child. He asked if he could make any comparisons with the permit number of eighty-five and second could you comment about first come first serve?
Councilor Christy said that first come first serve is easy you come in and ask for a growth permit. That's basically how they go.
Dave Thomas asked the reasoning behind that?
Councilor Christy said that is just the process without encumbering it. He said that secondly he referred back to the minutes and caught the one where Paul Mosley answered Mr. Avery's question about the growth and the impact it will have on the infrastructure as far as new educational facilities. He said if anything at all this gives a chance to handle it in an orderly fashion rather than being over expansive, it gives us guidelines right now. He said that we have to be careful legally that we don't watch what has happened in the past. This will give us a road map that we can read. He said that legal has assured us this is a good job. He said that the Town Manager reviewed that last ten years and we have average and we could have gone with a few more to be honest. Eighty--five seems to be a good number with
the 1.2 growth per year. At eighty-five we will be pushing a banner year. He said that he wouldn't get into the point that about the cost of the house. He said that his daughter was looking of a house and he hoped that she would find one for a $100,000. He said that there is a balancing point there.
Dave Thomas said that he though it would be something like eighty-five times two.
Councilor Christy said that he thought that it would be a wash to say that two or three kinds would come into a house is a hard one to answer. He went on to say that Mr. Avery gave his statistics and what we have seen over the last ten years and the number of single family homes the growth hasn't been that rapid. He said that he thought that the problem was with SADs period. The SAD was developed back in the 1960's and here we are in the 2000's. They are not meeting the needs of the 2000's financially as well as infrastructure. He said that regionalism is another answer as well.
Dave Thomas said with the first come first serve is there a date. Such as Baxter State Park if you want to camp there you can call on a certain date?
Councilor Christy said that its just like if your going to go to Baxter State Park you call a year ahead of time because it's a nice community to go to. He said that Standish is getting to that point now, it's a nice community and always has been. People in Gorham and South Portland are looking to get an acre lot if they can. Before they had that hundred by hundred lot. He said so I'm going to call a year earlier for Baxter State Park, if I'm going to Small Point I can probably call six months in advance. He said that he can't see someone coming in to tie up that much money in taking out six or eight permits and having to go through building that house within ninety days to get people in. He said that at one time he has six closings going on at one time within one week of each other. He said that from his
experience he really didn't think that someone would come in a grab a bunch of permits. He said that he thought that we had gone the extra mile on this to say we're only going to allow eighty-five and we put some restrictions in there. He said that he could live with the eighty-five per year and have the trailer people come in and get twenty and someone else get fifteen for single family homes. He said that we put a limit on or a cap but cap is not a good word because it denotes that you are trying to take something away from people. He said if anything there is a limit with growth that will allow us to breathe a little bit. He said that we are not shutting it down. It's giving a chance to look at out infrastructure, get the range road going, land use and if the Council decides to review the Comprehensive Plan.
Mr. Billington said that there is a mis- perception that since we have a fiscal year in which we are issuing permits that you will start your process June 30th and there will be a line out the door of a hundred people. He said that will not be the case. He said that you can submit it any time and if you are on the list and all permits have expired in the year you go to the top of the list the next year. The list will be carried over so no one gets shut out.
Moved by Spencer Seconded to postpone this order indefinitely.
Councilor Lymburner asked why they wanted they wanted to do that?
Councilor Christy's said that the tabling motion cannot be discussed.
Councilor Simpson said that it can be discussed in full on a motion to table indefinably, only the time in a tabling motion can't be discussed.
Councilor Christy asked for a definition of what that means.
Councilor Lymburnrer said that it is dead.
Councilor Christy said that is what he understands also.
Chair Hopkins said that if the motion on the table carries this ordinance dies.
Councilor Lymburner said that she thought that we needed this ordinance. She said that there are towns all around us that have growth ordinances and we are the path of least resistance. She said that we certainly heard from the public through the debate on the cluster housing. She said that overwhelmingly people were opposed to that but one of the things that they mentioned with cluster housing that we would have runaway growth. Maybe even because other towns have growth ordinances we would have runaway growth was one of the things that they wanted to seen in place. She said that she thought that they have the support of the people in having a growth ordinance and that it is sorely needed. She said that she though that we have a good ordinance front of us and she would like to see it pass.
Councilor Nesbitt said that this is a good start. He said that we have been asked to put something in place as Councilor Lymburnrer indicated. He said that the initial determination is if there needs to be modification of this. We should get the input of it and review the Comprehensive Plan and then the general public say to this is not what we want then it can be modified or amended at any time. We don't have to wait until 2006 to change this. He said that this is one more of the pieces of the puzzle as you are looking at all the planning and development that the growth pressures are going on in Standish. He said that this is one part of the puzzle and he thought it was a good start. He said just keep in mind that it can be modified and that will be determined by the public as the Comprehensive Plan is
reviewed.
Chair Hopkins said that she would not support the motion to indefinitely postpone this. She said if it had been a motion to table this back to committee she may have considered it. She said that this Council did ask the Ordinance Committee by order to go back and provide to this Council a Smart Growth Ordinance. She said that she thought that they had done that. She said that if people had a problem with it we need to give them that feed back and table it to committee. And come back with some recommendations. She said that we did ask them to do this and she would not support the motion to table this indefinitely.
Councilor Spencer asked if he could explain why he made the motion?
Councilor Simpson said that everyone was able to debate it.
Councilor Spencer said that the reason that he made a motion to table this indefinitely is because of one of the previous meetings when the cluster housing was going through. He said that we had a lot of people here discussing this. He said that we had approximately three people from he Oak Hill area that were against the Cluster Housing and it all went back to the not in my back yard issue. He said that he didn't think that three people is a big majority of people in favor a of a growth ordinance. He said that he knew what other towns are going through. He said that at this time he didn't think that the Town of Standish needs one, especially one that's being driven by an emotional three people in Oak Hill.
Councilor Lymburner said that we should at least allow it to go as far as public hearing so we can give the public a chance to have some input. She said that the fact that three people were here at that time mentioned it; it doesn't mean that they are the only folks that are supporting because she knew that she had supported a growth ordinance for years. She said that she knew there were other people in town that have. She said that maybe the cluster housing brought the issue to the forefront for some folks but she though it was an item of interest for many more than just three.
Councilor Simpson said that he would tell his position for seconding the motion and what he thinks is wrong with the ordinance as its presented. He said that the comment was made that cluster housing we would see runaway growth. He said that has never happened. We have had cluster housing before and you won't see runaway growth. He said that there was a public hearing on this last night before the Planning Board; he explained that he watched it on TV. and not a single sole showed up. He said that we have not had but one comment tonight relative to a question that was asked. He said that Councilor Nesbitt had said that this was part of a total puzzle. He said that he just didn't see the puzzle, quite frankly. He said that he saw the Town going along as orderly operations in what we're doing. He said that he
hadn't seen anything that says that we're in serious trouble and need to put on any type of a Growth Ordinance. He said that he thought that if all of a sudden we saw where we needed it, he would then support it. He said let me go into this thing a little bit as to the reason why you might want to see it tabled. He said that he had discussed with the Manager yesterday and it starts with the numbering of it. He said bear with him, he said that he liked to be sure of what he is doing. He said that the numbering sequence is wrong to begin with. He said that in the purpose A. To provide for the immediate needs of the existing residents of Standish. He said if they are already residents of Standish and existing what happens to the people that might want to locate here. He said that it mentions a Standish Zoning Ordinance under definitions. We don't have a Zoning Ordinance it's the Standish Land Use Ordinance. He said that then in definitions, he said that he had learned a long time ago
that the most important part of any law, statute, rule, ordinance or anything is the definition section. He said that if you are going to have definitions in Land Use Ordinance the definitions should be the same for everything. So when you get into a dwelling unit, it should be the same as 181.3 is or change 181.3 to make what a dwelling unit is, because they conflict. They out right conflict. He said that then you get into the definition of a family. He said that this has been a laugh as far as he is concerned in the Town of Standish for years. He said that he taught a realtors code of ethics class for years and always told them when they go into a town always go to the definition section because what is animal husbandry in one town is not animal husbandry in another town. So you can't guess at it. He said that if you take a look at the definition of family in this town half of our people would have to move out of their houses because they wouldn't comply with it. He said that
should be changed. He said that if you take a look at manufactured housing the same thing goes there for the definition in our Land Use Ordinance versus here. He said person shall be defined, he said it you take a look at the definition that we have in our Solid Waste Ordinance we define a person and then bring in the corporations and so forth and partnerships. He said how many people in this town are living with a significant other? He said take a look at person significant other is left out of it, why should they be? He read that a person shall be defined to include an individual's spouse, parents, siblings and members of his or her immediate family etcetera. He said that today the courts have give significant others strong rights. Why not include a partnership, corporation, association or any other legal entity. Those could be people that could be part of this Growth Ordinance. He said then if you get into exemptions Dwelling units constructed by the York & Cumberland Housing
Authority etcetera, he said that he had noting against doing something for senior citizens, because he was in that category right now, but that is discriminatory. When all of a sudden you have an ordinance and that you will exempt out a certain class while you allow others in. He said that they will look at it annually there after plus two additional units. He said that C. says 75 % will be in subdivisions that would allow 64 of them in and 21 outside. He said that he would like to take a look at Dan's record and said that he would bet that probably 95%-98% of the housing units that go in this town in a year are in a subdivision. He said that they don't go in by people that already own the lots or so forth. He said that if you take a look at it in one part it's gifted anyways. So I gift it to my child it would be exempt. He said that under the new subdivision law definition in the State of Maine a three unit is now a subdivision. So therefore if you build a three family it's a
subdivision. He said that anything that's got three family or if they took a building and remodeled it into three units that is a subdivision under the law. He said that he could almost see that we would have a surplus each year of permits that are not used. He said when you get over to administration and D. that sole proprietorships, association or other legal entity. He said that than it says if a corporation share common directors. He said does that mean all or just one? Because if you take a look at Limington you have the situation up there where some people formed a corporation where you have three or four different corporations in the same family but with different directors and shareholders. So, when we say common directors what do we mean? Do they all have to be the same or can I set up three corporations and a have common membership. He said then it gets down to the issuance procedure. Does the applicant have to be present? That came up a few minutes ago with Mr. Thomas'
comments or can I have an assignee go in and get that permit if I am away. That has been a problem in other towns. He said under replacement with building permit and expiration. He said that he had heard a few minutes ago that the house had to be completed in ninety-days. He said that it doesn't say that, it said that the Growth Permit has to be replaced with a building permit within ninety-days. He said that he could go out and take out a Growth Permit and pay the fee is $200 and I take out Growth Permit all I really have to do is get a building permit and start that application. It doesn't say when I have to finish it or whether it has to be underway. He said that he could put a foundation in. He said one other section, under violations A and B conflict. Then under penalties it says any person, owner controlling the use of a dwelling but earlier you defined a person and corporation but now the penalty only pertains to a person. In B. its been plagiarized from some other town
because it says chapter. This is not a chapter this is a part. So the word chapter has to be replaced in every one of those. He said that based on the historical data that we have today he didn't see any need for this. He said that is why he is willing to support to postpone it indefinitely. He said that this would be a disaster if we start to pass this as is. Councilor Christy said that he had one comment and he would be brief. He thanked the Town Manager for all the effort that was put in with your expertise in municipal ordinances. He said that he really questioned the Town Lawyers who have reviewed this. We supposedly have one of the best as far as land use is concerned in the State of Maine who reviewed this. He said that he respected Larry for his wordsmithing; he is probably the best in the southern part of the state due to his legalese in real estate law. He went on to say that he still stood behind his information as given.
Councilor Lymburner said that there was a comment made that no one showed up at the public hearing. She said that historically here in town, no one shows up when they are for something. They show up when they are against something and then we are overwhelmed with people that show up. She said that because no one showed up that doesn't mean that this should go down to failure. She said that some good points have been made as far as definitions but certainly that is no reason to kill the whole ordinance just because the definitions need some wordsmithing.
VOTE ON MOTION TO POSTPONE INDEFINITELY: 2 Yeas - 5 Nays, Christy, Hopkins, Lymburner, Nesbitt, and Pomerleau.
VOTE TO MOVE TO FIRST READING: 5 Yeas - 2 Nays, Simpson and Spencer
101-03 Approval of the Renewal of Waste Hauler License Applications [Simpson]
Moved by Simpson Seconded and Voted to Amend the Order by adding the name Two Trails Enterprises, Inc. dba Two Trails Diner to the Order. (Unanimous)
VOTE ON ORDER AS AMENDED: 7 Yeas - 0 Nays
102-03 Amendment to the Town of Standish Personnel Policy [Hopkins]
Moved by Christy Seconded and Voted to dispense with the reading of the order. (Unanimous)
Chair Hopkins said that every year we review the Personnel Policy. This year the Committee met with the Town Manager who had recommendations of the employees and Department Heads. She said as you may remember we had an extensive rewrite a year and a half ago. The first change has to do with compensation. She explained that we look at the salaries and hourly pay of the employees. We use tools such as the MMA Salary Survey which includes all the towns in the State. We have compared our salaries to similar towns and like positions. It also shows job descriptions so we can match very closely. In a number of positions we have also used local market analysis. Especially in Public Safety whether it be our paramedic or EMT's that we have hired. She said that the first change in the policy is that we recognize that
for purposes of comparability wages and salaries will be compare to like positions and programs in similar towns using tools such as the most recent MMA Salary Survey and local competitive market. She said that the next change deals with leaves. When we made the change to the Personnel Policy for a number of years we had been in the position that we had employees carrying over vacation year after year until there was a large build up. She said that at least once there was a buy out of vacation. She said that we made the change we kind of went very drastically the other way and said that there would be no carry over vacation unless the Town Manager approved it and that was only under extenuating circumstances. What we realized the way our year runs is with that policy none of our employees could take two weeks vacation in the summer. What we have done is reach a compromise and recommending the change that will allow an employee to carry up to ten days - eighty hours of vacation to
the next fiscal year without Town Manger approval. Then only under extreme circumstances the Manager shall approve carrying over in the excess of ten days. She said that another change that is being recommended is in the past if a person were leaving an hour early because they were sick they would have to use a block of four hours of sick time. We felt that that wasn't right and that is being removed. So now if they leave an hour early it will be recorded as an hour. Also another change is an employee cannot exceed their wage by using a combination of sick and income protection benefit. The next change regarding paying Public Works who get called out on holidays. In the past, if a Public Works employee was called out on Christmas, Christmas would be considered an eight-hour day rather than the twenty-four hour day to the rest of us. So, they were only getting double time pay rate for an eight-hour time period. Any thing over that was regular pay. So, what we did was to identify
premium holidays being those that we consider other not having to have to work. They are New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. She said that the way the policy reads is now if a regular full time non-salary employee works on a holiday the holiday shall be paid at their regular hourly pay in addition to the holiday pay. A regular full time Public Works Department employee who works on a non-premium holiday shall be paid holiday pay plus double time for the first eight hours works and on premium holidays the employee shall be paid holiday pay plus double time for all hours worked. She said that no other employees are eligible for these holidays. She said that another change is the combination sick and income protection is changed.
VOTE: 7 Yeas - 0 Nays
104-03 Town Council Appointments [Hopkins]
Chair Hopkins said that this is an annual order that comes before the Council.
Councilor Christy asked who was Keith Finley; did he work for the State?
The Clerk explained that is contracted through he State.
VOTE: 7 Yeas - 0 Nays
105-03 Confirm Town Manager Appointments [Hopkins]
VOTE: 7 Yeas - 0 Nays
106-03 Confirm Town Clerk Appointment of Election Warden [Hopkins]
VOTE: 7 Yeas - 0 Nays
107-03 Appoint Town of Standish Representative to GPOG General Assembly and Executive Committee [Hopkins]
Councilor Christy asked what was GPCOG stand for and what will Mr. Simpson be doing there?
Councilor Simpson said it was Greater Portland Council of Governments.
Mr. Billington explained that the General Assembly meets on an annual basis in the summer. Councilor Simpson will be the Town representative. He explained that the Greater Portland Council of Governments provides services to towns that are members. They do collective purchasing and we do receive a good discount on a great many things through them such as winter salt, paving and other things of that nature. This gives us a vote under the executive Committee and they will appoint your Town Manager as a member of their Steering Committee that is the Board of Directors to the Executive Committee.
Chair Hopkins said that she had asked that Council Simpson serve in this position.
VOTE: 7 Yeas - 0 Nays
108-03 Call for Annual Town Meeting and Approval of Warrant [Hopkins]
VOTE: 7 Yeas - 0 Nays
109-03 Waive No Parking Restriction on Saco Road for Senior Last Assembly at Bonny Eagle High School [Hopkins]
Chair Hopkins said that this is a new one for us this year the School came to us they were not aware that they should have come to us in years past.
VOTE: 7 Yeas - 0 Nays
110-03 Authorize Maine Department of Transportation of Exceed the Weigh Limit on Certain Roads During the Road Construction Project on Route 114 [Hopkins]
Mr. Billington explained that if contractor are gong to use our roads we can require them to post bonds to use the roads.
VOTE: 7 Yeas - 0 Nays
111-03 Authorize Payment Plan for Tax Acquired Property - Robinson, Richard W. - Map 13 Lot 65 [Simpson]
Moved by Spencer to dispense with the reading of the order. (Unanimous)
Councilor Simpson explained that the Finance Committee recommends a payment plan for the next three.
VOTE: 7 Yeas - 0 Nays
112-03 Authorize Payment Plan for Tax Acquired Property - Reardon, Thomas P. Map 43 Lot 18 [Simpson]
Moved by Spencer to dispense with the reading of the order. (Unanimous)
VOTE: 7 Yeas - 0 Nays
113-03 Authorize Payment Plan for Tax Acquired Property - Thorne, James A and Linda - Map 13 Lot 25 Sub 31 [Simpson]
Moved by Spencer to dispense with the reading of the order. (Unanimous)
VOTE: 7 Yeas - 0 Nays
Chair Hopkins explained that there was an order title Amendments to Standish Town Codes, Chapter 181. Section 181.7 Signs and 181.35.4 Tradesman. She said that she would be asking for unanimous consent to add it to the agenda. She explained that this order had been submitted by Councilor Lymburner but through error did get put on the agenda.
Moved by Simpson seconded and Voted to add this item to the agenda. (Unanimous)
Moved by Lymburner Seconded and Voted to refer this to the Ordinance Committee. (Unanimous)
PUBLIC ITEMS
Dave Thomas asked Councilor Christy about the range roads, where they are and how wide they are.
Councilor Christy said that the Committee submitted a proposal to the Council on what we feel should take place for this upcoming year. He explained that they had identified where the range roads are in the town. He said that they were established by the town developers. He said that probably the next step will be to have legal review of the range ways to see what encumbrances might .He said that we will contract with COG for that. He said that it will be to the point of investigating certain blocks of land that would be appropriate for development, multi-housing, apartments, stores, drug stores, housing for the elderly, that sort of idea. Right now it's under legal review.
Chair Hopkins said that the Committee had been extended by Council order through June of 2004.
ANNOUNCEMENTS
Several upcoming meetings were announced.
EXECUTIVE SESSION (S)
None needed this meeting.
ADJOURN
Moved by Christy Seconded and Voted to adjourn. The meeting adjourned at 8:35 pm by unanimous consent.
Submitted by: /___________________ Clerk/Secretary
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