DRAFT -- MINUTES ARE NOT OFFICIAL UNTIL APPROVED BY THE TOWN COUNCIL -- DRAFT
MINUTES
TOWN COUNCIL MEETING
STANDISH, MAINE
TUESDAY, JANUARY 13, 2004 - MUNICIPAL CENTER 7:00 PM
CALL TO ORDER
Pledge of Allegiance was recited.
The following Councilors were present: Christy, Hopkins, Lymburner, Nesbitt, Pomerleau, Simpson and Spencer.
MINUTES OF PREVIOUS MEETING (S)
Moved by Christy Seconded by Hopkins to accept the minutes from the December 9th and 17th meetings. The minutes were accepted as presented by unanimous consent.
PETITIONS AND COMMUNICATIONS
There were no petitions of communications this meeting.
REPORT OF THE TOWN MANAGER
Mr. Billington showed the new web site to Council on the projection screen and explained that it should be up and running on Friday. He explained that each department will be updating their section; and a new calendar will be available on the site. The calendar will have links to the location of the meeting and backup materials.
Gordy Billington presented a PowerPoint presentation that highlighted the challenges and accomplishments of the Council for 2003. He said that he would also hit on the challenges in 2004. The presentation included the following:
Land Use and building Development, Economic Development, Health and Safety, Public Works, Recreation and other items. He said that the challenges for 2004 would include the continued access to Sebago Lake from Northeast Road, Roadway Planning Committee will be continuing to look at range roads, the Community Building Study Group will continue their mission, the Pine Cove Beach negotiations will continue with Portland Water District, the Comprehensive Plan will be a three year effort to update the plan, Council will look at a wall to wall review of the Land Use Ordinances, the revaluation findings will be reviewed to make sure that they are sound, and continue to seek relief of the tax burden associated with solid waste disposal.
Councilor Lymburner said that she enjoyed the report and she thought that it was good for the public to hear this information.
Mr. Billington said that the Council accomplished quite a lot last year and should be congratulated for all that they did.
Chair Simpson said that on behalf of the Council the effort that went in the report was appreciated.
Councilor Hopkins asked to receive a copy of the report.
Roger Mosley gave the department report for the month. He explained the various activities that take place the Public Works Department and Transfer Station. He went on to thank the Departments for their efforts during the past year. He explained the make up of the two departments and their specific duties and responsibilities. He highlighted a few of the projects that they have been involved with in the past year including paving, replacement of culvert on Boundary Road, Milt Brown Road Work, River Road rehab, and Cape Road culvert replacements. The winter sand and salt storage facility construction was started. Weather conditions have delayed work and the completion until next spring. He noted that the following equipment was purchased: a pickup truck, 1987 grader, a plow truck and an
loader/backhoe.
Roger Mosley explained that at the Transfer Station household tonnage is up and he encouraged people to recycle. He went on to explain that the Recycling committee is working to educate residents by mailing fliers, compost bid availability, educations programs in the schools. In addition, a poster contest was held that will result in a calendar being made with local school children artwork that highlighting recycling themes.
Roger Mosley noted that he and Kenneth Brooks have been working on a project on Standish cemeteries. They are compiling a notebook will have information about the cemetery to include aerial maps of the location. This notebook will be kept at the Town Hall.
Roger reminded residents that during storms vehicles should be parked off the road and that it is a violation of state law to shovel, snow blow or plow snow into the roadway.
PUBLIC HEARINGS
1-04 Application Submitted by Gerard P. Giguere Jr. and Patricia M. Giguere dba Giguere’s Wildwood Function Center for Renewal of State Bottle Club Registration [Simpson]
Chair Simpson asked if the application was complete?
The secretary said that it was.
After a Public Hearing without additional Council or public discussion the above noted application was approved and the hearing was closed.
VOTE: 7 Yeas – 0 Nays
COMMITTEE REPORTS
Councilor Pomerleau explained that the Capital Improvements met last week and discussed fire truck that is being rebuilt, new plow, looked at the 10-year plan for roads, streetlights and discussed a new fire truck purchase.
Councilor Nesbitt said that the Public Safety Committee had three things coming up. The Health and Safety Fair will be changed this year to a theme of outdoor safety. He noted that they are working on a program for the high school as well as the public regarding road rage. There have been excellent cooperation with the school and other agencies. He explained that we were informed that the applications for future MDOT improvement funding have to be submitted in this spring. As part of that, prioritizing the Mountain Trail Division improvements will need to be considered. These items will be on a workshop agenda.
Councilor Hopkins said that the Personnel Committee met with department heads to discuss compensation and personnel policy. She explained with the schedule this information will be brought to the council at a Special Meeting in February. She went on to say that the Standish members of the Portland Water District Committee met to review a draft of a Memorandum of Understanding. At the January 27 Council Workshop there will be an item to get Council input. That will then be forwarded to the Water District for their discussion at a workshop on February 9. That will be followed by a joint meeting of the Steering Committee on February 19 to review the input from both boards.
Councilor Spencer said that the Ordinance Committee has been working on a couple of things, on the agenda tonight there is a old and a new item.
Councilor Lymburner said that she was excited about the road rage program that will be offered. She said that the Committee has just heard that the Gray/New Gloucester School is interested and with partner with us for this program. There will be an assembly in both schools that will include a motivational speaker who will relate his personal experience in this matter. Hopefully, at team of local speakers will also be included in the program.
CONSENT CALENDAR
No items this meeting.
UNFINISHED BUSINESS
215-03 Amendment to Standish Town Code, Chapter 181, Land Use § 181-16, Type 3 Gravel Pits; § 181-70, Site Plan Review; §181-80 & 84, Subdivision Review; and Chapter 237, Shoreland Zoning, § 237-16, Administration (First Reading) [Spencer]
Moved by Lymburner Seconded by Nesbitt to waive the reading of the ordinance. (Unanimous)
Councilor Spencer explained that this is the First Reading on amendment. The only change is to the number of copies of plans that must be submitted with the application.
Moved Seconded and Voted to move this item to Public Hearing at the February meeting. (Unanimous)
NEW BUSINESS
Moved Seconded and Voted to take items 05-04, 07-04 and 08-04 out of order. (Unanimous)
05-04 Amendment to Standish Town Code, Zoning Map (Chapter 181) Expand Village Center
Zone in Sebago Lake Village Area (Introduction) [Spencer]
Councilor Hopkins asked if this is something that had been done in the past?
Councilor Spencer said that similar situations had been done to expand an existing or similar zone. He said that this lady purchased one lot then a short time later purchased an adjacent lot and when the deeds came back they were included on one deed.
Terry Demidio the owner of the property explained the purchase of her property and the deeds were combined.
Chair Simpson asked if both properties were in her name and considered contiguous?
Terry Demidio said yes.
Councilor Spencer said that what’s happening is that this lot is where they want to build a woodworking shop. He went on to ask if they combined the two deeds?
Terry Demidio said that they are listed as “Track A” and “Track B” on the same deed.
Councilor Spencer asked that it be explained why if they had purchased the properties at different times they are listed on one deed?
Chair Simpson said that if it is the same type of deed and in the same ownership it is considered to be contiguous.
Moved Seconded and Voted to move this ordinance amendment to First Reading at the February Council meeting. (Unanimous)
07-04 Authorize the Windham Rotary Club to Utilize the Town of Standish Right-of-Way at the Boat Launch for Their Annual Ice Fishing Derby [Simpson]
Chair Simpson said that this order has been done in the past.
Donal Drew representing the Rotary Club said that this is the fourth year that the Club has made this request. He explained that the derby will be held on two days February 21st and 22nd.
VOTE: 7 Yeas – 0 Nays
08-04 Authorize Standish Sno-Seekers to Utilize the Town’s Right-of-Way at the Boat Launch for Trail Rally [Simpson]
Moved by Spencer Seconded by Hopkins to waive the reading of this order. (Unanimous)
Chair Simpson said that this has also been done in the past.
VOTE: 7 yeas – 0 Nays
02-04 Authorize Enforcement Action – State of Maine Junkyard Statute – Danny Pelletier –
Map 8 Lot 28 Sub I [Simpson]
Chair Simpson said that there is a substantial amount of documentation attaché to this order.
He said that Peter Arnemann is here tonight to speak on the order.
Peter Arnemann explained that Dan Hill the Code Enforcement has received complaints from neighbors regarding the junk vehicles, nocturnal fires and noise coming from the property. He said that Dan has spoken with Mr. Pelletier asking him to clean up the property but no improvements were made. Dan has since sent two certified letters one in November and the other in December both letters were refused. At the same time Dan sent letters out under regular mail. Peter said that Dan and he stopped late in December and that additional actions would be taken. Today, Mr. Pelletier came into the office and said that he would be trying to pick up the property. Peter said that he had made similar statements in the past but not followed through.
Moved by Lymburner to table this order for one month. The motion failed because there was not a second of the motion.
Moved by Nesbitt Seconded by Lymburner to delay filing the enforcement action for a period of up to one month pending certification of the CEO that adequate progress has been made in the clean up.
Chair Simpson said that he could understand what you are trying to do with the amendment but he thought that the motion to table would have been cleaner. He said what you are saying is that it is up to the Code Enforcement Officer to start the action.
Councilor Hopkins said that she would rather see the order to read–authorize the CEO to take the enforcement action. Then if he doesn’t feel that the action is necessary then it’s his choice.
Peter Arnemann said that Mr. Pelletier became aware of the implications of a $100 a day fine that can go back to when Dan started the action.
Chair Simpson said that he would like to see this tabled until later in the meeting so we can work out the language on this.
Moved by Spencer Seconded by Nesbitt to table this until later in the meeting. (6 Yeas – 1 Nay, Christy)
03-04 Extend the Tem Length of the Community Center Study Committee [Simpson]
Moved by Spencer Seconded by Christy to waive the reading of the order. ((6 Yeas – 1 Nay, Pomerleau)
Chair Simpson said that the Committee is planning to conduct a survey on the Community Center and additional time is needed in their term.
VOTE: 7 Yeas- 0 Nays
04-04 Authorization to Take $1,000 from the Community Center Reserve Account for a Mass
Mailing [Simpson]
Moved by Spencer Christy to waive the reading of the order. (Motion failed because there was not a second)
Chair Simpson said that this is to pay for the survey that will be done later in the month.
Councilor Pomerleau explained that the mailing will let people know why the committee was formed and let people know who the committee members are in case residents need to contact them. He said that there was a mis-print in the paper that everyone would be getting a telephone call, that’s not true. There will be approximately 500 random calls made. He went on to explain that if people don’t get a call they can call a Recreation Member, member of the Committee or complete a survey on line.
VOTE: 7 Yeas – 0 Nays
06-04 Authorize Town Manager to Dispose of Real Property [Simpson]
Chair Simpson said that this property is on Route 114, the second property on the left. This property has been in the Town ownership for non-payment of taxes for some time. He said that it has really deteriorated and has become a safety hazard. There are abandoned cars on the lot. There was a arson fire there a few months ago. Several Town officials inspected the building confirming the disrepair. The Finance Committee has discussed it and feels that it is a property that we should sell.
Councilor Lymburner said that we have owned it for quite some time, do you know how long?
Char Simpson said that we have owned it for 4 –5 years and have made several attempts to contact the former owner.
Councilor Lymburner said that she was in support of this order but would like to make the point that the Town has owner a property for 4-5 years that has several abandoned cars. So, we have a junkyard.
Chair Simpson said that the comment is very true. He said that the Town looked into the junk cars and they listed on the RFP to go with the sale of the property.
VOTE: 7 Yeas – 0 Nays
09-04 Annual Recommendation to Adopt 10-Year Capital Plan [Pomerleau]
Councilor Pomerleau explained that the plan is actually updated every year and there are no surprises here. He said that one that has been added in Public Works is a CRT Storage and Transfer facility.
Roger Mosley explained that July 1, 2005 the Town has to be prepared to remove CRT’s from TV’s and computers. These funds will prepare us for that program.
Councilor Pomerleau said that many options are being reviewed at this time so the dollar amount is not known at this time. The funds for the fire truck have been in there for sometime. He said that the Recreation Departments multi-purpose park is from funds that they are going to raise. More information is needed on the park. He explained at the recent meeting the Committee reviewed the 2005 plan very carefully but only scanned the other years.
Councilor Spencer asked Roger Mosley will he be going out for bids on this regardless of the type of plan that is decided on?
Roger Mosley said that it would go out to bid at the time if necessary. More information is needed on this topic before a final decision is made on which way to proceed to either have our own facility or share with other towns.
Gordy Billington noted that this plan now includes a 10-year road improvement plan.
This will help with impact fees for developments.
Moved by Lymburner Seconded by Pomerleau to include the 10-year road plan. (Unanimous)
Councilor Spencer said that something has to be done with the intersection of Oak Hill Road and Route 25.
Councilor Christy said that the Roadway Planning Committee had looked at that intersection and will have some recommendations.
VOTE ON ORDER AS AMENDED: 7 Yeas – 0 Nays
10-04 Reduce Performance Guaranty – Gilbert Homes – Wind Song Estates [Simpson]
Roger Mosley said that he recommended passage of this order.
VOTE: 7 Yeas – 0 Nays
11-04 Authorize Installation of Street Lights and Transfer Impact Fees to Operating Budget
[Pomerleau]
Councilor Pomerleau explained that this is from funds that have been put into an escrow account for streetlights. He said that the one at Johnson Field is being paid by the Town.
Councilor Nesbitt asked if there was one light down there now? He asked from a placement standpoint where will that be?
Gordy Billington said that there was discussion about moving the existing poles or using existing poles and adding a light. At this time, we will think that leaving the one that is there now and adding one a the new entrance is best.
VOTE: 7 Yeas – 0 nays
Chair Simpson declared a 5-minute recess to work out the wording for order 2-04.
Moved Seconded and Voted to take order 2-04 off the table. (Unanimous)
The Chair asked the secretary to read the substitute order.
ORDERED that the Code Enforcement Office is authorized to initiate an enforcement
action in the matter of a violation of the State of Maine Junkyard Statute, 30 M.R.S.A.,
on parcel described as Tax Map 8 Lot 28 Sub I, as authorized, pursuant to state law.
Moved by Spencer Seconded by Nesbitt and voted to adopt the substitute 2-04. (Unanimous)
Councilor Christy said that he didn’t think that his item should be on the agenda after listening to the report from Mr. Arnemann. He said that many visits have been made to the property. Warnings have been issued and promises made and broken. He said that there is a law on the books to take care of this. He said that in the future he will request the Town Manager to have the CEO look around town for other locations that are not in compliance with this law. He said that would vote against this item.
Chair Simpson said that at the Finance Committee Meeting it was discussed that Dan is aware of places in town that are in violation of this statute but he has not had the time to file action. He explained that there are two or three places that he may file an action against. The policy is if he sees a violation or receives a complaint he will take action.
Councilor Christy said that on the local level we should look at a local ordinance should be developed to aid this on the local level.
Councilor Hopkins asked what is the process of this action that we are enacting tonight? How much is it going to cost?
Gordy Billington said that this will be a court action that will go before a judge. The person will be ordered to clean the place up or a fine will be imposed. He went on to say that in the past the Town has had similar actions and our legal fees have been awarded as damages. He said that one action has been taken since he has been here and they have not paid.
Councilor Hopkins said so we have paid since the party did not.
Gordy Billington said that is correct. We do have a judgment against the property if it is ever sold.
Chair Simpson said that property in question is also tax acquired.
Gordon Billington said that is correct.
Chair Simpson said that there was one on Route 25 that we had an action against and we did get paid the fees.
Councilor Hopkins said that she understands what Councilor Christy is saying. She said that she is a believer in that the rules are for everyone but she has a hard time especially after receiving the information provided tonight voting to take an individual to court. When that person has a very hard time make ends meet. She said that we are taking a stand but she finds it hard to believe that he can pay the fine, court costs and then for the clean up.
Peter Arnemann said that it is a tough one because right next store is someone that trying to improve his home with a junkyard next store. He said that he thought if we told Mr. Pelletier that we are going to take him to court he will clean up the place. He said that he has until we go to court to clean it up.
Councilor Lymburner said that the cleanest way to have done this would have been to table it for thirty days. She said that she didn’t think that giving him thirty more days is going to hurt the Town. This will give him a chance to start the clean up. She said that she would like to see someone table this or thirty days. She said that the man is a veteran and has service related problems. He just now is beginning to get an understanding of what he is facing.
Councilor Christy said that his comments are not based on whether a person has served their country. He said that he didn’t feel that had anything to do with the law that is before us for our Code Enforcement Officer to enforce. To him that should not have any bearing.
Councilor Pomerleau said that he agreed with Terry, that we have to do something. He said that there are companies that will take the junk away for free. Councilor Pomerleau said that resident has no desire to get rid of the junk. He said that he could get rid of them today or tomorrow if he wanted to.
Councilor Nesbitt said that the way this is written it accomplished what the Code Enforcement Officer needs, it supports the law and we haven’t taken any thing away from him.
Chair Simpson said that the way it is worded now we are authorizing the Code Enforcement Officer to initiate the enforcement action any time he wants to. He can give the resident the seven days or start the action now if he thinks it is necessary.
VOTE ON SUBSTITUTE ORDER: 5 Yeas – 2 Nays, Christy and Lymburner
PUBLIC ITEMS
ANNOUNCEMENTS
Several upcoming meetings were announced.
The Clerk explained the changes to the House and Senate areas in Standish.
The Clerk announced that late fees on unlicensed dogs will be effective after January 31.
EXECUTIVE SESSION (S)
The Council moved into Executive Sessions will be held for a personnel and real estate matter.
Moved Seconded and Voted to arise from the Executive Sessions. The Council arose from the Executive Sessions by unanimous consent at 9:39 pm.
Submitted by: __s/_______________________________
Clerk/Secretary
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