CALL TO ORDER
The meeting was called to order by Chair Simpson. Councilor Hopkins led the Pledge of Allegiance.
ROLL CALL
Councilors present: Christy, Hopkins, Lymburner, Nesbitt, Pomerleau, Simpson and Spencer.
MINUTES OF PREVIOUS MEETING (S)
The minutes from the August 12th and 26th meetings were accepted as presented by unanimous consent.
PETITIONS AND COMMUNICATIONS
The Clerk read a petition from residents in the Middle Road area regarding closing Middle Road Extension during Boundary Reconstruction.
Chair Simpson noted that the petition had been received and will be forwarded to the Town Manager and Public Works Director and will be discussed at a future meeting.
Town Manager, Gordy Billington, explained that the Town received a letter from Shirley Bibber offering a 35-foot blue spruce tree to Town to use as a Christmas tree. At this time the Town is not set up to accept the offer and has thanked Ms. Bibber.
Mr. Billington said that Two Trails Enterprises explains that the realignment of Route 113 impacts their property and an abutting owner on the other side. He is asking to acquire a section of Route 113 after it is discontinued. Mr. Billington said that when the road is discontinued the State will turn it over to the Town. The Town then can do what they want to with it. At this time the Town intends to seed and place a guardrail in the area. The owner of Two Trails has asked that an additional guardrail be place so it cannot be used as a cut through spot.
REPORT OF THE TOWN MANAGER
The Town Manager explained that the President has declared that the U.S. Flag should be at half-staff for Patriot Day. He has also asked people observe a moment of silence at 8:46 am or at the time of their choice. The Governor has said that Maine State flag will be flown at half-staff also.
Mr. Billington highlighted the following:
* The Finance - the tax rate should be established this evening. * A town-wide informational insert will be included with the tax bills * 320 notices were sent out for over due taxes, nearly half of the people responded to the notice, this resulted fewer tax liens being recorded * Public Works - road paving has taken place on Blake Road and Saco Road this past week; Thomas Road should be paved next week. River Road will be ground and paved in October and Liza Lane and Milt Brown Road will be paved as well. The intersection of Boundary and Route 113 had been widened but the total reconstruction will be done in the spring. * CEO - has issued one Growth Permit. Only two residential building permits were issued in August. * Clerk's Office - There will be two new legislative districts in 2004. Standish will be
in a new Senatorial District which will include the towns of Raymond, Casco, Frye Island and Hollis. The House District will now be split into two districts.
* The Reassessment Data Collectors have started in the Wards Cove area, they will be doing the Thomas Road area next, then on to Whites Bridge then on to Watchic Lake area.
Mr. Billington then introduced Brenda Smith who presented the departmental report.
Brenda Smith explained the tax collection process to the audience. She explained the assessment date, due dates, lien procedure and automatic foreclosure of unpaid taxes. She explained that this year 166 tax liens were filed this year which is down from past years.
Councilor Lymburner questioned the petition and letter that we received. She asked what happens with those two issues now?
Gordon Billington said that those items will be brought forward as workshop items.
Councilor Hopkins questioned if the State will be doing work at the Two Trails area can they do something about that then?
Gordon Billington said that we have been asking the State for over a year to finalized the design of the discontinued portion and they have yet to do that. He said that the State can not enter into an agreement with a property owner.
Councilor Hopkins said that she was talking about the blocking of the road.
Mr. Billington said that it will be done later this month.
Councilor Lymburner said that she had heard rumors about the traffic light that was going to be installed will not be installed? Is that so?
Mr. Billington said that the Town has not received any official notice that the light will not be installed. He said that a year ago it was determined that a traffic light was needed there, we have been waiting to hear from them. About two weeks ago we heard a rumor that they would not be placing a light there but have not officially heard from the State. He said that the State has drafted letter that would release them from the work and in that letter it does say that a light is not warranted at this time. But in the future, if necessary, and the money is available a light may be installed.
Councilor Lymburner said that she hopes that they do install a traffic light because it is a dangerous intersection especially if someone is on Route 25, if a car passing the turning car on the left onto Route 113 they are not visible.
Councilor Pomerleau said that he has tried to meet with the contractor several time in the past month because he is unhappy with the intersection. He said that the signage needs to be corrected and the area is very dark at night. He said that he was not happy with this and hoped that they would not leave us holding the bag with this problem.
Councilor Christy said that we were told that this area would be dark if we did not get lighting there.
PUBLIC HEARINGS
122-03 Amendment to Standish Town Code, No Parking Ordinance, Establish No Parking Area on Chadbourne Road (Route 35) near Johnson Field [Simpson]
Dave Thomas said that the signage there needed to be corrected - something is not right down there.
Mr. Billington said that Mr. Thomas was right MDOT mis-marked the signs. He went on to say that we had alerted the State of this and told them that if they did not take care of it we would.
Louise Stack questioned people parking near the bridge.
Mr. Billington said that people could park there because it was outside the limit of the ordinance.
After a Public Hearing with out additional public or Council discussion the above titled amendment was adopted effective immediately and the hearing was closed.
VOTE: 7 Yeas - 0 Nays
124-03 Amendments to Standish Town Code, Chapter 245, Solid Waste Recycling and Management [Simpson]
Moved by Spencer Seconded by Lymburner to dispense with the reading of the ordinance. (Unanimous)
Chair Simpson said that this make the town in compliance with federal laws.
After a Public Hearing with out additional public or Council discussion the above titled amendment was adopted effective immediately and the hearing was closed.
VOTE: 7 Yeas - 0 Nays
COMMITTEE REPORTS
Chair Simpson said that he would like to recognize Ruth Warren of the Ad-hoc Committee on Arsenic. He said that we do not have an order on the agenda to receive the report and disband the Committee, however, that will be done at the October meeting.
Ruth Warren explained that the committee work had been an important aspect to the Town. She said that the Committee was established in April of 2001. The Committee established some important goals and accomplished them. Goals included encouraging further testing by residents; to collect data and understand it, explore options and solutions available to residents and to review financing prospects. She said that their mission was to identify the economic and public heath issues regarding in the private wells and to study what solutions are available. She said that they believe that they have accomplished these tasks and the work as a committee has concluded. She said that the Committee has some recommendations for the Council; and ask that the report is accepted and the Committee is dissolved. She explained
that nearly 400 homes tested their water and provided the results to the Town. She said that others tested their water but it not provide the results. Testing showed that 25 % to 30 % of the reports show arsenic in the water which exceeded the 10 parts per billion standard. She explained the mobile home park use a community well system and were not in the testing, and according to PWD there are 137 water hookups in Steep Falls and additional 500 for Standish residents. She said that by getting 400 results they got a good sampling of the Town. She said as a follow-up that letters were sent to homes that tested above the 10 parts per billion and asked them what they had done. She explained that resources were provided in the form of an informational forum where guests spoke on treatment options as well as financing options. Grant money was obtained, low interest loans, help from a local lender and Advance Water Quality Solutions of Brunswick provided twelve free water systems to our
residents. The only requirement was that the homeowner maintain the system. A follow-up survey was sent to these homeowners to determine if the system was easy to use, still in use, filter replacement, is the system is adequate and would they recommend the system. The censuses of the respondents were pleased with the system, found it easy to use and thought that the system is filtering their water and the staff at Advance Water Quality Solutions were helpful. She said that to her knowledge no other community has been able to provide this type of assistance to their residents. She said that Committee members fielded all sorts of question from residents. The Committee took their concerns to the State level by proposing legislation. She explained that the Safe Water Drinking Act applies to public water systems not private systems. She said that their hope was to add arsenic the standard water test and require it in any real estate purchase. Despite favorable testimony, the bill sponsor
Gary Moore and the Bureau of Health they faced heavy opposition from the Maine Realtors Association. She said that the good new was that another bill which incorporated many aspects of their bill was successfully passed. She explained that the bill will take effect in September 2003. The enactment of the bill states that by January 1, 2004 the Bureau of Health must develop a informational brochure on what homeowners should know about well water and treated wood. Private home sales must notify potential buyers of arsenic. By October 1, 2004 the Bureau of Health must develop a safe drinking water program for private wells. Other requirements of the law were also noted. She said that on behalf of the Committee she would offer the following recommendations: the web site links to arsenic related sites should remain; the Public Health Officer should be advised of the work of the Committee; town codes and policies to expand the availability of public water will an additional remedy;
development of new treatment options for removing arsenic; the Town should pass on the names of the residents who receive the water systems to the Bureau of Health for future surveys.
Councilor Hopkins asked that all Councilors receive a copy of the report.
Councilor Christy said that the Reapportionment Committee for SAD #6 has recommended that Standish adds a Director to the School Board.
Councilor Pomerleau said that the Community Center Group met and are still gathering information. A survey may be sent to residents to see what groups may use it.
Councilor Pomerleau said that Capital Improvements met to discuss items that are on the agenda tonight. He said that if you go by the Transfer Station you will see the work on the sand storage shed. Roger is looking at graders in the New York area. The Committee also discussed roads.
Councilor Christy mentioned that some of the Roadway Planning Committee's recommendations will be discussed in the Comprehensive Plan.
Councilor Nesbitt said that the list of actives at the Safety Fair have been passed out this evening. The fair will be September 20 at the George E. Jack gym.
Chair Simpson said that we have been talking with Ron Bognore to try to identify groups that might want to use the rooms here as a way of trying to figure out who might use a community center. He went on to say that Councilor Nesbitt's ideas of the Communications Forum will be discussed in October.
Chair Simpson said that the Finance Committee discussed the good financial health of the Town. Cash flow is good.
Chair Simpson said that the Recycling Committee meets tomorrow night. He said that the reports for August are not in yet but the July numbers were not good. The overall tonnage dropped, recycling dropped from the previous month. The meeting tomorrow night will include one of the Supervisory Principals of the elementary schools in the area to develop an educational program for the schools.
CONSENT CALENDAR
No items this meeting.
UNFINISHED BUSINESS
114-03 Amendments to Standish Town Code, Chapter 181, Section 181-7 Signs, 181-35.2.2 Home Occupation Level 2, 181-35.2.3 Home Occupation Level 3 and Section 181.35.4 Tradesman (Referred to Ordinance Committee) [Lymburner]
Moved by Spencer Seconded by Christy to dispense with Clerk's reading of the ordinance. (Unanimous)
Councilor Lymburner explained that the Ordinance Committee reviewed this and found that the Home Occupation section needed to be amended. The necessary changes were made that will allow tradesmen to have a sign that does not exceed eight square feet.
Moved Seconded and Voted to move this item to First Reading at the October meeting. (Unanimous)
138-03 Amendments to Standish Town Code, Chapter 181, Land Use, 181-27, Cluster Development and 181-71, Site Plan Review, Elements (Referred to Ordinance Committee) [Spencer]
Moved by Lymburner Seconded by Christy to dispense with Clerk's reading of the ordinance. (Unanimous)
Councilor Spencer explained that this come out of the Committee unanimously. He explained that the language in section 4 was clarified.
Moved Seconded and Voted to move this to Public Hearing at the October meeting. (Unanimous)
139-03 Amendments to Standish Town Code, Chapter 181, Land Use, 181-3, Terms Defined (Referred to Ordinance Committee) [Spencer]
Councilor Spencer explained that this come out of the Committee unanimously.
Moved Seconded and Voted to move this to Public Hearing at the October meeting. (Unanimous)
140-03 Amendments to Standish Town Code, Chapter 252, Streets and Sidewalks 252-5, Disclaimer of Liability; Insurance (Referred to Ordinance Committee) [Spencer]
Moved by Spencer Seconded by Lymburner to dispense with Clerk's reading of the ordinance. (Unanimous)
Councilor Spencer explained that this come out of the Committee unanimously. This change in insurance comes from the State.
Dave Thomas asked if this would apply to large boulders in a public way? Would they require a permit?
Councilor Spencer said that Portland Water District placed those boulders on their property.
Moved Seconded and Voted to move this to Public Hearing at the October meeting. (Unanimous)
NEW BUSINESS
156-03 Call for Public Hearing on Proposed Charter Amendment [Lymburner]
Councilor Lymburner said not only will we be holding the Public Hearing, but the Council will have an order to place the question on the ballot in November.
VOTE: 7 Yeas - 0 Nays
157-03 Set Mil Rate, Interest Rate and Due Dates for the 2004 FY Taxes [Simpson]
Chair Simpson said that the interest rates fall under the guides set by legislation. The mil rate falls in line with the budget requirements.
Louis Stack asked why the overlay increased over what was noted in the budget?
Chair Simpson said that the overlay was determined by what the Assessor thought was necessary.
Louis Stack said that the budget was based on another valuation.
Gordy Billington said that was correct but these are the actual numbers certified by the Assessor.
Louis Stack asked what the abatements were last year?
Brenda Smith said that there was approximately $30,000 last year.
Bill Orr asked what were the supplements last year that would offset that number?
Brenda Smith said did not in its totality. She said that the net difference was approximately $12,000. She said that there was one supplement that was $15,000 for tree growth penalty which is very unusually.
Councilor Lymburner asked what was the tax rate last year and how much has it gone up.
Gordon Billington said that it went up .10›
VOTE: 7 Yeas - 0 Nays
158-03 Establish a Comprehensive Plan Update Committee [Hopkins]
Moved by Christy to dispense with the Clerk's reading of the order. (Motion failed - it was not seconded)
Councilor Hopkins said that this is result of the workshop where we discussed the make-up and selection of the committee. She said that she wanted to point out that there was a little wiggle room in the competition date, since we are a little late in getting started.
Councilor Christy said that he asked for the waiver of reading was because he thought that the order would be explained not because he was not behind this issue.
VOTE: 7 Yeas - 0 Nays
159-03 Amendment to Fee Schedule - Residential Growth Permit [Simpson]
Moved by Spencer Seconded by Nesbitt to amend the amount to $25. (Unanimous)
Councilor Hopkins asked why was this fee necessary?
Chair Simpson said that the Committee looked at fees last year and the Ordnance requires a permit fee.
VOTE: 5 Yeas - 2 Nays, Hopkins, Pomerleau
160-03 Award Bid for Highway Tractor/Loader/Backhoe [Pomerleau]
Moved by Spencer Seconded by Lymburner to dispense with Clerk's reading of the ordinance. (5 Yeas - 2 Nays, Christy, Pomerleau)
Councilor Pomerleau explained that the bid specified a 2004 machine, but a few companies bid 2003 machines. The warranty is a five-year program.
VOTE: 7 Yeas - 0 Nays
161-03 Award Bid for Highway Pickup Truck [Pomerleau]
Moved by Spencer Seconded by Lymburner to dispense with Clerk's reading of the ordinance. (4 Yeas - 3 Nays, Christy, Hopkins, Pomerleau)
VOTE: 7 Yeas - 0 Nays
162-03 Award Bid for Milt Brown Road Reconstruction [Pomerleau]
Moved by Spencer Seconded by Lymburner to dispense with Clerk's reading of the ordinance. (Unanimous)
163-03 Award Bid for Rescue Unit [Pomerleau]
VOTE: 7 Yeas - 0 Nays
Councilor Christy said that he was impressed with the totals and the savings to the Town. He went on to say that he would like to see the grand total of the savings to the Town.
164-03 Authorize Use of Town Council Contingency for Associate Membership in Maine Rural Water Association [Simpson]
Chair Simpson said that these guy helped us with the Portland Water District recent issues.
Councilor Hopkins said that it's important to belong to this type of organization.
VOTE: 7 Yeas - 0 Nays
Moved by Simpson Seconded by Christy and Voted to add the following order to the agenda (Unanimous):
165-03 Appoint Town of Standish Voting Delegate and Alternate for Maine Municipal Association Annual Business Meeting [Simpson]
VOTE: 7 Yeas - 0 Nays
PUBLIC ITEMS
Councilor Lymburner explained that the Public Safety Committee unanimously support that we ask the State to review the speed limit in Sebago Lake. She asked if this should go to a workshop or bring an order forward?
Chair Simpson said bring an order forward.
Councilor Christy asked that the Recycling Committee look at the prorating of the Transfer Station sticker fee.
ANNOUNCEMENTS
Many upcoming meetings were announced.
EXECUTIVE SESSION (S)
An executive session was not necessary at this meeting.
ADJOURN
Moved by Christy Seconded and Voted to adjourn. The meeting adjourned at 8:50 pm by unanimous consent.
Submitted by: _________________ Clerk/Secretary
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