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Town Council Meeting Minutes11/13/2003

CALL TO ORDER
Pledge of Allegiance was lead by Councilor Nesbitt.

ROLL CALL
Councilors present: Christy, Hopkins, Lymburner, Nesbitt, Pomerleau, Simpson and Spencer.

MINUTES OF PREVIOUS MEETING (S)
Moved by Nesbitt Seconded and Voted to amend the minutes by adding the name of Wayne Newbegin to order 189-03. The minutes from the October 14 meeting were accepted as amended by unanimous consent.

PETITIONS AND COMMUNICATIONS
None were presented this meeting.

REPORT OF THE TOWN MANAGER
Gordon Billington explained that the Recreation Department is doing an outreach to seniors in Town. A senior newsletter has been mailed and were left at Hannaford. Recreation does have limited mailing list of seniors that have participated in previous Recreational activities. Interested seniors can be added to the list by calling Linda Brooks at 642-2875. On November 18 there will be a "Seniors Coffee" held at the Schoolhouse Arts Center for reservations call Linda Brooks. Mr. Billington went on to say the ski program registration is now open through the beginning of December. This is an annual program that people can use to obtain low cost ski tickets at Shawnee Peak.

Mr. Billington announced that Finance Director Brenda Smith has submitted her resignation. He said that the position will be open until November 21 and applications and resumes are being accepted. He wished her the best. He went on to say that the audit report has been received in draft form from our audit firm. It is in the process of being reviewed by the Finance Director.

Mr. Billington said that we have improved the Public Safety Department's communication capabilities by adding a repeater. This has greatly improved the radio transmissions and there is ongoing training in communication protocols. He noted that runs are up in October. We had 182 runs versus 121 last year at this time. He said that the EMS/Fire Department is sending out random surveys to people that have received the services.

Mr. Billington said that he received a request form the Portland Water District last week to install fencing at four locations on the Mountain Division Rail Trail where it crosses the District's land. He said that they cited problems with ATV'S doing damage to sandy areas near the tracks. He said that MDOT is encouraging anything that can be done to reduce damage to the rail line be done. He said that the District has been in contact with the local ATV Club to discuss alternative routes on District land that may be opened up for ATV use. He said that the gates would be located at the following locations: at the beginning of the Otter Ponds causeway, one adjacent to the boat launch parking area, across Maple Street and at the Sticky River causeway. He said that the gates would be open in the winter once there is six inches of snow on the ground so snowmobile's can use the area. He explained that there will be small opening in the fence so people walking could pass through year round.

Mr. Billington said that the Public Works folks sanded for the first time yesterday. He said that most of the construction work for this year has been completed. He explained that the Cape Road culverts are bring replaced this week.

Chair Simpson asked that the EMS subscription services be explained.

Mr. Billington said that the EMS subscription service is yearly renewed starting in January. He said that it is a good deal for everyone Town. Renewal notice will be mailed and new applicants can apply by calling the Public Safety Office.

Mr. Billington introduced Mary Chapman who presented the Departmental report.

Mary Chapman announced that the taxes are due on November 15. The Clerks Office recently mailed out notices to dog owners notifying of increases in the fees and the due date. Election results were announced and a recently restored 1800's era map was present.

Councilor Pomerleau asked the Town Manager to read a letter from Leo Traverse the President of Haz-Mat Team, Inc. explained a recent trip to the Transfer Station during a training workshop. The letter noted the staff courteousness and the cleanliest of the facility.

Councilor Hopkins asked that Mr. Billington explain his usage of the words that Portland Water District "requested" permission for the fencing. She said that they came in and took out the necessary permits to install the fences per our code. She said that they were not looking for the Councils permission. She said that she didn't want the people to think that Mr. Billington had given them personal permission to install the fences.

Mr. Billington said that their paper work was in order and they were issued the permits.

Councilor Lymburner asked about the fencing that will be on Maple Street. She said that the gate will be on the track but will the fencing cut off out access from Maple Street to Northeast Road?

Mr. Billington said that it will be on the other side of Maple Street.

PUBLIC HEARINGS

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 [Lymburner]
Moved by Spencer Seconded Lymburner and Voted to dispense with the reading of the ordinance. (Unanimous)

Councilor Lymburner explained that this would allow a Tradesman to have a sign 8-foot square in size and it makes it agree with other allowed signs for home occupations.

After a Public Hearing without additional Councilor or public discussion the hearing was closed.

VOTE: 7 Yeas - 0 Nays

COMMITTEE REPORTS
Councilor Christy explained that we have word back from GPCOG that there has been great progress made on the Roadway Planning as far as the overlays go. This information will be presented at a meeting in the future.

Councilor Christy said that the Economic Development Committee met with the Route 113 Corridor Committee to discuss common issues. It was decided that at this time they would pursue these issues and another meeting will be set.

Councilor Pomerleau said that Capital Improvements met on Monday and looked at the new highway truck, paving on the Boundary Road, the salt shed and water mains were discussed.

Councilor Hopkins said that she wanted to remind people that the Personnel Committee will meet with employees to discuss compensation and benefits in early December.

Councilor Nesbitt explained that there has been approximately 55 applications for the Comprehensive Plan Committee. He said those will close on Friday the 14. During the following week a the applications will be reviewed. He said that now the Appointments Committee would like some direction from the Council as to their ideas of appointment of Standing Board and Committee members to the Comprehensive Planning Committee. He said that it made sense to them that if we were able to identify one individual that could be the resource person and then multiple persons could contact that person. He said that that they wanted direction on this.

Chair Simpson said that would be appropriate at a workshop.

Councilor Nesbitt said that we would have the list made by then and the recommendations for appointment could be presented at the December Council meeting. Councilor Nesbitt said that there is a potential opening for a SAD#6 Director.

Mr. Billington explained that it was discovered during the 2000 census there was a large change in population in SAD#6 in towns. This required a Reapportionment Committee to look at the distribution to make sure that every person has a equal vote on the board. The first recommendation was turned back. The census information indicated that there were no residents on Frye Island. The 2002 information indicated one resident on Frye Island which then gave them one vote. During that same time Standish's growth was up. So, we expect to gain a seat. The other Town's Directors seats fractional vote will be adjusted.

Councilor Nesbitt asked that the timetable regarding this appointment and has an ad run?

The Clerk explained that will run once we have confirmation in the seat.

Councilor Lymburner asked if there had to be a Special Council meeting?

Mr. Billington said that there would have to had a Special Council meeting if they were going to make an appointment.

Councilor Nesbitt said that we had heard back from Randy Dunton regarding the safety issues and signage in Sebago Lake Village. He said that a meting will be set for early December to meet with the residents in the Village. Councilor Nesbitt announced that Wayne Newbegin was appointed to serve on the RTAC Committee.

Councilor Hopkins said that she was concerned of the timeline involved in this appointment process because this is a very important position. She said that the position should be interviewed just as if we were trying to fill a Council position. She said that it is a huge commitment and the person needs to be interviewed.

Chair Simpson thought that he understood that the applicants would be interviewed.

Councilor Lymburner said that she had a problem filing that seat on such a tight timeline. She said that we are giving a weeks notice and a short interview time. She said that she didn't see why we couldn't give a longer time. She asked what would be the problem if we didn't make the appointment until the December Council meeting?

Councilor Christy said that he had asked a current Board member how many time in the last few years had the vote been that close that one vote would make a difference? He said that she once in the past.

Councilor Nesbitt said that the appointment should be make at the December Meeting.

Chair Simpson said that the Community Center Study Committee will be putting together an oversized postcard that will be mailed in January. The card will be a reminder of the Committees duties and that a telephone survey will be conducted. He asked that if called residents respond to the survey.

Chair Simpson said that the Recycling Committee is gearing the educational program in the Schools. The Schools will be doing a year round program starting with a calendar project that supports recycling. Sponsor will pay for the cost of the calendar and prizes will be awarded in each grade, with the overall winner's artworks being placed on the cover. All the students involved in the program name will be listed on the last pages of the calendar. He went on to say that the Committee needs help from somebody that is familiar with PageMaker to assist them in this project.

Councilor Lymburner asked about the distribution of the calendar and if anyone could make donations?

Councilor Simpson said that the students would each be issued one and others would be left in various businesses.

CONSENT CALENDAR
No items this meeting.

UNFINISHED BUSINESS
174-03 Order Discontinuance of Middle Road Extension (Sent to Committee)[Pomerleau]

Moved by Spencer Seconded Christy and Voted to dispense with the reading of the ordinance. (Unanimous)

Moved by Christy Seconded Lymburner to indefinitely postpone. (Unanimous)

Councilor Lymburner explained that the area will be redesigned and adding two stop signs which will slow down traffic.

192-03 Amendments to the General Assistance Ordinance - Fee Schedule - Maximum Assistance Amount for Recipients (First Reading) [Simpson]

Moved by Spencer Seconded Lymburner and Voted to dispense with the reading of the ordinance. (Unanimous)

Chair Simpson explained that this was a standard order and already passed as an Emergency Ordinance.

Moved Seconded and Voted to move this to Public Hearing at the December meeting. (Unanimous)

194-03 Amendments to Standish Town Code, Chapter 181, Land Use, 181.73, Conditions for Approval (First Reading) [Spencer]
Councilor Spencer said that this was passed by Emergency Order last month and this order says that no final plan shall be approved by the Planning Board as long as the applicant is in default on a previously approved plan.

Moved Seconded and Voted to move this to Public Hearing at the December meeting. (Unanimous)

195-03 Amendments to Standish Town Code, Chapter 1, General Provisions and Chapter 263, Vehicles and Traffic (First Reading) [Spencer]

Moved by Lymburner Seconded Christy and Voted to dispense with the reading of the ordinance. (Unanimous)

Councilor Spencer explained that this incorporates all of the parking orders in the Code Book.

Moved Seconded and Voted to move this to Public Hearing at the December meeting. (Unanimous)

Moved by Hopkins Second by Lymburner and Voted to move into Executive Session for discussion of a real estate matter. (Unanimous)

Moved by Spencer Seconded by Hopkins and Voted to rise from Executive Session. The Council arose from Executive Session by unanimous consent at 7:55 pm.
NEW BUSINESS

197-03 Approve Concept and Plan for Development of Pine Cove Beach [Hopkins]

Councilor Hopkins said that she wanted to stress that this order of the concept plan is in response to the Water District's questions. This plan is hopefully what they asked for, they can now do their analysis on the impact to the quality of the water source. The can then tell us if this beach is an option. She said that the only change from the workshop is moving the two access options are listed as two potential access options. She said that a copy will be forwarded to the Water District. She said that a meeting with them is scheduled on the 20th with the Steering Committee here in this room at 7:00 pm.

Lou Stack said that the word "park" needs to be taken off the maps.

Tom Saunders said that he wanted to thank the Council for bringing this forward. He said that this beach could be one of the best assets to the Town Standish. He said that he is proud of the work that the committee has done. He said that it met every criteria that they had. It has tons of potential for future development. He said that he hopes that the Council will vote in favor of this.

VOTE: 7 Yeas - 0 Nays

198-03 Amendments to Standish Town Code, Chapter 106, Boating (Introduction) [Spencer]

Moved by Lymburner Seconded and Voted to waive the reading of the ordinance. (Unanimous)

Councilor Spencer explained that this will update the code on this matter. This will allow the Harbor Master be in charge of more mooring issues throughout the Town. He said that this did not come out of the Ordinance Committee with unanimously recommendations. They thought that it should come to the table and be talked about.

Monty Vogel said that he has been doing mooring work for people for twenty-eight years and he said that he is the Harbor Master at Hearthside. He said that he had some suggestions and concerns. He explained that because of the rise and fall of the lake water level it adds more concerns. He showed some drawings that showed various scenarios and how moorings can be staggered to allow for more room. He questioned the 200-foot limit and the color of the mooring ball.

Councilor Spencer asked if we don't follow state guidelines in certain area we could be in conflict with the state regulations. He said hat he would like to add is that it is that many decisions will be at discretion of the Harbor Master.

Councilor Lymburner asked Mr. Vogel if this went back to Committee would he be willing to meet in Committee?

Mr. Vogel said yes.

Ed Kloza said that he thought that there were conflicts in the ordinance which he cited.

Councilor Hopkins asked if these changes are trying to solve a specific problem or is this an attempt to clean up.

Chair Simpson said that we had a request from Ward's Cove area to address a complaint. One of the parties was told by their attorney that the only way to remedy this was to have the Town establish an ordinance.

Councilor Spencer said that you can't please everybody with this mooring issue. He said that more and more boaters are mooring without owning property by only using a right of way. He said that he though in the years to come you will see more of this type of thing.

Councilor Christy said that the buoy issue blew him away. In the past various things were used as moorings which are illegal today. He said that we are going to over regulate ourselves, right now the Harbor Master told these parties what they should do and they ignored him. He said that the state regulations need to be changed.

Councilor Lymburner said that only one issue has been brought up so far but what this will be is a preventive measure. She said that boating will increase and we need to give the Harbor Master some authority. She said that she would like to see this go back to Committee and have Mr. Vogel help develop something that is sensible to us.

Chair Simpson said that he would support a motion to indefinitely postpone this item he said that he thought that we were creating a problem rather than solving the problem. He said that the Harbor Master now tends to the boat launch; this puts us in the position that he would have to go out and look for violations.

Mr. Vogel said that there are a lot of problems out there and this is a common problem. He said that the Harbor Master should have the authority to solve some of these problems.

Moved by Christy Seconded by Spencer to indefinitely postpone this item.

Councilor Nesbitt said that he would like to see this go back to Committee for recommendations.

Councilor Pomerleau said that he would like to see it go to Committee before this bill is killed.

Councilor Christy said that the Committee thrashed this out for two hours. Many of the same items talked about tonight were discussed in Committee and this was not a unanimous report of the Committee.

VOTE ON MOTION TO INDEFINITELY POSTPONE: (5 Yeas - 2 Nays, Lymburner, Nesbitt)

199-03 Reduce Performance Guaranty - Southridge III [Simpson]

VOTE: 7 Yeas - 0 Nays

200-03 Reduce Performance Guaranty - Wildlands Phase I [Simpson]

VOTE: 7 Yeas - 0 Nays
201-03 Award Bid for Purchase of Highway Truck Equipment [Pomerleau]

Councilor Pomerleau said that we went out to bid on this and we received two bids. We were going trade the 1994 chassis on this but we decided to keep the 1994 and sell it out right as shown in the next order.

VOTE: 7 Yeas - 0 Nays

202-03 Waive Bid Process for Sale of Surplus Highway Truck [Pomerleau]

VOTE: 7 Yeas - 0 Nays

203-03 Authorize Bid Process for Sale of Highway Pickup Truck [Pomerleau]

VOTE: 7 Yeas - 0 Nays

204-03 Town Council Appointment of Treasurer [Simpson]

VOTE: 7 Yeas - 0 Nays

205-03 Town Council Appointment of Tax Collector [Simpson]

VOTE: 7 Yeas - 0 Nays
206-03 Tax Collector's Settlement and Recommitment of Taxes [Simpson]

VOTE: 7 Yeas - 0 Nays

PUBLIC ITEMS

ANNOUNCEMENTS
Several upcoming meetings were announced.

EXECUTIVE SESSION (S)
An additional Executive Session was not needed.

ADJOURN
Moved by Christy Seconded and Voted to adjourn. Then meeting adjourned at 8:47 pm by unanimous consent.

Submitted: ______________________ Clerk/Secretary




 
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Tuesday, Jan 20, 2004
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