DRAFT—MINUTES ARE NOT OFFICIAL
UNTIL APPROVED BY THE TOWN COUNCIL--DRAFT
MINUTES
TOWN COUNCIL MEETING
STANDISH, MAINE
TUESDAY, FEBRUARY 10, 2004 - MUNICIPAL CENTER 7:00 PM
CALL TO ORDER
Chair Simpson called the meeting to order. He explained that there were special guests at the meeting tonight. He explained that the reason that they were here tonight is that the Town has been working with the schools during ‘Maine Recycles Week’ by sponsoring presentations regarding recycling. This year a calendar contest was sponsored by the Town in coordination with the State Planning Office. Chair Simpson explained that there were over 800 participants from the three elementary schools that submitted artwork for the calendar. He said that the judging of the artwork was a challenge and they did not want one school or class to dominate because of age, so they decided that there would be a winner from each class from each school. During this past week the winners were notified at each
school. He explained that Standish House of Pizza donated the awards, which bought the cheers from the audiences at the schools. He went on to explain that there were five sponsors including: First Technology, Innovative Solutions, Fair Point New England, Representative Gary Moore, St. Joseph’s College Division of Graduates and Professional Studies, and Hannaford’s. In addition the Town took monies from Town Council Contingency fund for this program. The calendars are free and available at Town Hall, Hannaford’s, Standish House of Pizza and the Transfer Station. At this time, he asked that each of the students introduce themselves and present their artwork. Chair Simpson said thanks to all the participants and to the sponsors, and Council for supporting this program. He went on to say that the Edna Libby and Steep Falls Elementary School also were awarded a $500 in the statewide competition. The students then led the Council in
the Pledge of Allegiance.
Councilors present: Christy, Hopkins, Lymburner, Nesbitt, Simpson and Spencer. Councilor Pomerleau was excused.
MINUTES OF PREVIOUS MEETING (S)
Moved by Christy Seconded by Nesbitt to accept the minutes from the January 13th and 27th 2004 meetings. The minutes were accepted as presented by unanimous consent.
PETITIONS AND COMMUNICATIONS
There were no petitions or communications at this meeting.
REPORT OF THE TOWN MANAGER
Mr. Billington spoke on the following topics:
He explained that snowmobile crossing signs have recently been installed at 9 locations on major routes – 8 state roads and 1 town road. He said that we procured the signs through the GPCOG bid process and were reimbursed by the Snowmobile Club. MDOT erected the posts, Public Works installed and the Club will need to take them down during the off-season.
The Public Works Director worked with the Capital Improvement Committee worked on our
response to the Maine Department of Transportation’s call for our priorities or their work on state roads to include in their six year plan. MDOT has already identified the reconstruction of Route 35 from 1143 to 237 as a priority. The Committee and Roger identified six other priorities: #1 Route 114/35 intersection, #2 Route 35/237 intersection, # 3 Route 25/35/Oak hill intersection, # 4 reconstruction of Route 113, # 5 capital resurfacing of Route 35 from Whites Bridge Road to the Town line and #6 reconstruction of Saco Road from River to Milt Brown Roads.
He said that we took delivery of the fully equipped replacement plow truck for Public Works today that was approved in this year’s capital plan.
He noted that from Recreation Department there will be three vacation day activity events next week on Tuesday, Wednesday and Thursday from 7:30 to 5:00 PM with a Disney Theme for children in grades K-8. Contact the Parks and Recreation Department this week to register, 642-3461 ext 223.
He said that he wanted to thank the Recreation Committee for sponsoring two very successful ice-skating family day events at Johnson Park this past month.
In addition, the 3rd edition of the senior’s newsletter will go out in March. The Recreation Committee now has a subcommittee dedicated to searching out senior activities.
Mr. Billington explained that the Town has two Requests for Proposals out for the sale of town owned property. Each requires a sealed bid and each have minimum purchase prices. The first is a 1997 Chevrolet ¾ ton diesel pickup with an 8-foot quick switch Fisher Plow with approximately 134,000 miles. Wholesale value of $8,395, minimum bid $6,000 and the second is .8 acres of Village-Center-zoned property in Sebago Lake Village on Route 114, minimum bid of $50,000. Bid opening date for the pick up truck will be February 20th and for the land and buildings in the village on February 27th.
Mr. Billington explained that Tonight’s Department Head presentation would be from the Assessing Department.
Assessor, Peter Arnemann, said that it had been an interesting and challenging year. He explained that he covered for the Code Enforcement Officer while he was on sick leave. During that time he provided coverage for the Assessing and Code Enforcement Departments. He went on to say that one of the most exciting things this year has been the new web site. On this site the Department’s update their own sections. He explained that under the Assessing section there are the tax town maps, basic assessing information, and forms for various exemptions, Town Codebook, and links to the State of Maine site. He said that on the State site there are links to aerial maps of the entire state. He said that he and the Planner are working on the tax maps to digitize them so that many departments
will be able to use them. He said that the biggest issue this year is the revaluation. He said that the State has found that our records are behind the times and statutorily out of compliance. The revaluation has been budgeted for and endorsed by the Finance Committee, Town Council, and Town Meeting vote, then through the bid process. Vision Appraisal a New England company was awarded the bid and the work has begun. Peter Arnemann introduced Ken Rodgers a representative of Vision Appraisal who presented an outline and timeline of the inspection process. He said that they are in the “data collection phase” approximately 70% of the residential homes have been visited with a 40% entry rate completed. He said that it is anticipated that the first round of inspections will be completed in early-March. At that time the data will be sent to the their office and entered into the computer and a list will be generated of
homes that an interior inspection has not been done. Letters will be mailed to these residents asking that they call a 1-800 number to schedule an inspection date. After that, the “sales analysis stage” begins where they review comparable sales for the past two years. This work will generate their land and building tables. Then the field review appraiser will be sent out to physically inspect the property which will double check the data collection process. Then the values will be handed back to Peter for his review. Once he accepts the values, impact notices will be sent and start holding informal hearings. If necessary additional fieldwork will be done on those requesting a hearing and then finalizing the project. Commercial, industrial and exempt properties the same process is conducted.
Chair Simpson said for those at home the sales analysis for residential will start March 15 and completed by April 15. The total project should be completed by August 15.
Peter Arnemann noted that the proposal by Carol Palensky could be trouble for municipalities funding government. They are trying to set values back to 1997 values. He asked Ken how they would handle that?
Ken Rodgers said that they would use 1997 sales information.
Peter Arnemann explained that typically in a re-val 1/3 of the values would see an increase, 1/3 will stay the same and 1/3 will go down. Then he opened the floor to questions.
Louis Stack of Whites Bridge Road said that the Water District enjoys a status of their land being assessed in tree growth. It was his opinion that status was questionable. He said that they own the land to protect the water, not for tree growth. He said that tree growth is secondary to them. He said this would be a good time to approach that situation and have them pay their fair share of taxes. He said at it stands now he and his wife pay about $850 a year subsidizing the Water Districts bill.
Peter said that there are many years of history with the Water District. He said that when he started working for the Town he had called the State and discussed this issue and was told that what the District was doing was legal. He said that is worth a second look.
William Orr said that the appraisals seem to be running approximately $80 per home; he asked how realistic is that to really generate a true value?
Ken Rodgers said that it is mass appraisal; he said that they would analyze a number of sales looking at similar homes.
William Orr stated that the inspector spent 10 – 15 minutes at his home and you will be able to generate a value of his home from those 10 –15 minutes?
Ken Rodgers said that person was collecting data, looking at the elements, how many bedrooms, number of baths and measuring. He said that they will also send a Field Review Appraiser out to do an exterior inspection.
William Orr asked how much time to you really spend per house?
Peter Arnemann said that he didn’t think is was the time as much as the result. He said that in some towns when the appraisal goes through the hearing process the work that is done by Vision the appraisal hold up in court. He said that they have so much experience and skilled in looking at the data that a traditional appraisal and their appraisal will be very close.
Bill Orr asked that you are using sales analysis for the comparative values? Each of those include a commission is that reduced out of the value?
Ken Rodgers said that it is not.
Will Orr said that we are paying taxes on a commission of the house.
Ken Rodgers said that it is fair market value and the commissions built into the sales price.
Chair Simpson said that it is part of the sales price.
William Orr questioned the valuation of a gravel pit. Will that be taxes as farmland or as a gravel pit?
Ken Rodgers said it would be valued at whatever the use is as of April 1.
William Orr asked how is that determined?
Peter Arnemann said that probably this April 1st it would be based on raw land. When the time comes that they are extracting gravel it will be assessed as a gravel pit.
Ken Rodgers said they look at what is coming out of the pit based on an income approach.
William Orr said that when he build his home on April 1st an approximately value was placed on it until it was completed. If it was a proposed gravel pit on April 1st would there be an approximate value established?
William Aebi asked what the impact notice was?
Ken Rodgers said that it will be mailed to residents and included new value/old value and a number to call if you want to request a hearing.
William Aebi said that his home is a Greek Revival and there are very few if any Greek Revival’s in Standish, so how will you evaluate his home? He said that he wanted it to be fair based on comp in Standish not elsewhere.
Ken Rodgers said that is a hard question to answer. He said that he had not seen any of the data yet. He said that they would look at other antiques from town in relation to sales.
Will Aebi said then it will be rather arbitrary.
Ken Rodgers said that he didn’t think that it would be arbitrary.
William Aebi said didn’t you have to base the valuation on like style homes?
Ken Rodgers said similar style homes.
Will Aebi said that a neighbor has a similar style home by is in need of some paint, so you would base his valuation on their inspection? Because painting doesn’t increase the value.
Ken Rodgers said that is true if the quality is the same.
Will Aebi asked if new windows would influence the value?
Ken Rodgers said that it would because that attributes to the market value. He said that house that you haven’t updated would in theory be a lesser value.
Councilor Hopkins asked if Ken Rodgers to explain if you have completed approximately 70% of all residential properties but you have an entry rate of 40% does that mean you have only entered 40% of the homes?
Ken Rodgers said that is 40% of the interiors.
Councilor Hopkins said is that because people haven’t been home or refused you?
Ken Rodgers said that there have been a few refusals but mostly it because people are not at home.
Councilor Hopkins said that you are not leaving notices so if you come to my home I would have no way of knowing you had been there.
Peter Arnemann said that at the request of the Sheriff’s Department we did start to leave brochures to alert people.
Councilor Hopkins suggested that Peter tape the information meetings that he holds, and then air them on cable TV to help notify the town of the revaluation program.
Councilor Lymburner asked if the information regarding the revaluation data would be on the web site?
Peter Arnemann said that there is some general information on the site now. He said that further down the line a link to the Vision site will be made and you will be able to look at the valuation information.
Councilor Lymburner asked if that would be permanent information?
Peter Arnemann said that will be available until December of 2005 without charge. After that time there is a fee for the service.
PUBLIC HEARINGS
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 Chapter237, Shoreland Zoning, § 237-16, Administration [Spencer]
Moved by Lymburner Seconded by Spencer to dispense with the reading of the ordinance. (Unanimous)
Councilor Spencer explained that the only change was to add the number of copies of plans that need to be submitted from 10 to 12.
After a Public Hearing without additional Council or public discussion the above titled ordinance amendment was adopted and the hearing was closed.
VOTE: 6 Yeas – 0 Nays
13-04 Application Submitted by Reel Excitement, Inc. dba Victory Lane for a New Victualers
License [Simpson]
Chair Simpson asked if the inspections were in order?
The Clerk said that the Code Enforcement and Fire Department inspections had been completed. The Health Officer has not been able to meet the owner as of yet.
After a Public Hearing without additional Council or public discussion the above titled application was approved and the hearing was closed.
VOTE: 6 Yeas – 0 Nays
14-04 Application Submitted by Reel Excitement, Inc. dba Victory Lane for a New Pool
License [Simpson]
Chair Simpson asked if this was subject to the same inspections?
The Clerk said that the Health Officer has to complete his inspection.
Councilor Nesbitt asked why there was a difference in the expiration dates?
The Clerk said that the dates were set by statute.
After a Public Hearing without additional Council or public discussion the above titled application was approved and the hearing was closed.
VOTE: 6 Yeas – 0 Nays
15-04 Application Submitted by Reel Excitement, Inc. dba Victory Lane for a New Malt, Spirituous and Vinous Restaurant /Lounge (Class XI) License [Simpson]
After a Public Hearing without Council or public discussion the above titled application was approved and the hearing was closed.
VOTE: 6 Yeas – 0 Nays
16-04 Application Submitted by Reel Excitement, Inc. Victory Lane for a New Special
Amusement Permit [Simpson]
After a Public Hearing without Council or public discussion the above titled application was approved and the hearing was closed.
VOTE: 6 Yeas – 0 Nays
17-04 Application Submitted by Peter Colbath dba Coffee Cottage for a New Victualers
License [Simpson]
The Clerk said that the Code Enforcement inspection had been completed. The Fire Department and Health Officer have not been able to meet the owner as of yet.
After a Public Hearing without additional Council or public discussion the above titled application was approved and the hearing was closed.
VOTE: 6 Yeas – 0 Nays
COMMITTEE REPORTS
Councilor Spencer said that on February 17 there would be a joint meeting of the Ordinance Committee and the Planning Board.
Councilor Hopkins said that the schedule that had been set up with the Water District regarding the Memorandum of Understanding for the beach has been changed. She said that last night they were supposed to discuss the Memorandum. She said that it was not on the Trustees agenda but on February 19 it will be discussed at the meeting.
Councilor Christy said that the Roadway Planning Committee met last week. The Committee is active again after a three-month break so COG could update maps, charts and overlays. The next meeting is on February 25.
Councilor Lymburner said that she was filling in for the Chair of the Capital Improvements Committee. She explained that they met and discussed the recommendations to the State of Maine regarding prioritizing roads that need improvement. Also, they met with Chief Butkus to review the refurbishing of Engine-One, which is currently being done by a firm out of New Hampshire, with completion expected in March. Equipment savings that the Chief was able to obtain were discussed. A Special Meeting was scheduled for February 18th at 4:30 pm to finalize budget items.
Councilor Nesbitt said that the Public Safety Committee met yesterday to discuss the actives of the upcoming year. There are some orders on the agenda tonight regarding these events.
Chair Simpson asked Linda Brooks to update the Council on the tabulation of the Community Center Study.
Linda Brooks explained that the tabulation process was still being done. She said that the results should be available for the March Recreation Committee meeting. Linda noted that the survey was off the web site at this time. Four hundred twenty six surveys were done between the phone and web site.
Councilor Lymburner asked if Linda had said that the survey was off the web site?
Linda Brooks said that when the card was sent it noted that we would only be taking surveys until February 6th.
Chair Simpson said that there had been a slight problem with the phone calls, we were unable to get a Verizon list for the 892 exchange and they couldn’t separate out the Standish/Sebago 787 exchange. He explained that they ended up using a reverse directory for the phone numbers.
Councilor Hopkins said that the card and the information that was sent out was really great.
CONSENT CALENDAR
No items this meeting.
UNFINISHED BUSINESS
05-04 Amendment to Standish Town Code, Zoning Map (Chapter 181) Expand Village Center
Zone in Sebago Lake Village Area (First Reading) [Spencer]
Councilor Spencer said that this was introduced last month, the person wants to build a cabinet shop. Their property abuts the Village Center zone; it has been asked the zone be expanded to include his property. This has been presented at a Planning Board Public Hearing where there was no public input for or against the issue.
Moved Seconded and Voted to move this item to Public Hearing at the regularly scheduled meeting of the Council in March. (Unanimous)
NEW BUSINESS
18-04 Call for Public Hearing on Fiscal Year 2005 Municipal Budget [Simpson]
Chair Simpson said that this is a standard procedure.
VOTE: 6 Yeas – 0 Nays
19-04 Approve Application for Libra Foundation Grant [Simpson]
Chair Simpson explained that there was a substitute order that will be read and the Linda Brooks will speak on the order.
Linda Brooks explained these grants had been discussed with the Council at an earlier meeting. The Libra Foundation grant, Maine based grant has maximum amount of $25,000 that can be applied for. The Narragansett Foundation supports projects that would benefit local communities. She said that they are submitting for $75,000 for that grant application. She explained that they are able to show both Foundations that we had other committed resources, such as donated materials; the Recreation Committee has $10,000 earmarked for this purpose and scheduled fundraisers.
Chair Simpson asked Linda to review one of the documents that she had submitted with the grants.
Linda Brooks explained that the data to justify the need for the grant was presented at the Council Workshop. At that meeting they discussed the current ice skating park and work that needs to be done on that. She said that they showed the Council that park has served the community well for the past six years it is limited to the winter months only. She said that they would like to improve on that rink by putting boards up to make it suitable for hockey and other uses. Also, to create flooring that might have multiple uses. Linda went on to say the fiscal impact for operational or maintenance expenditures – there won’t be any. She said that they will generate user fees. They don’t foresee any impact on personnel other than the regular duties. They foresee no additional
employees at this time. She said that the Committee feels that there is no long-term impact to be concerned with at this time.
William Orr asked if Recreation Committee is an outside committee and will never be supported by taxes? He said that when this park needs repairs would it fall on the taxpayers?
Linda Brooks said that the Recreation Committee is a board appointed by the Town but they do have the ability to raise funds. She said that they are very sensitive in the Town to what is appropriate to be paid by tax support. She said that all of the programs are self supporting, taxes do not pay for any of the programs. She said that are recognizing that and that is how we will approach this project in terms of managing the facility. She went on to say there is very little long-term maintenance that will be necessary.
Chair Simpson said that this Council has know way of knowing what future Councils may do as to how much that might fund Recreation. At the present time, the Town looks at the Recreation Program as a user fee program except for the Directors salary.
Councilor Christy said that he is impressed the Recreation Committee and the programs.
Councilor Lymburner questioned if this was going to be a rollerblade park or skateboard park.
Linda Brooks said that it would be a two-phase proposal. Ramps and implements will be part of the second phase. The proposal right now will go on top of the present rink. We will resurface the existing rink. Phase two would be behind the existing rink. Linda explained that the boards that they are looking at are not wooden so the will not weather. She said that the flooring actually get pulled up in the non-winter months which might require two hours time.
VOTE: 6 Yeas – 0 Nays
20-04 Authorize Property Tax and Rent Rebate Program [Spencer]
Councilor Spencer explained that if a person applies to the circuit breaker program and awarded a rebate then they would be eligible for this program. The person would have to bring proof of the qualification to the Town Hall and what they would receive is 50% reimbursement of what was reimbursed by the State of Maine. He said that this program would be funded by $70,000. He said that it has three chances to be rejected: by Council, by the Budget Committee or town meeting.
Gordy Billington said that Peter collected data from the State on how many people applied and were reimburse this last year. One other item is that this will plus up for seniors. He said that Peter looked at the numbers and we estimated that if we paid to those that received funds from the State last year we would need about $70,000. He said this is paid out is went the recipient brings the check stub to the counter the Clerks would write them a check for 50% of 50%. They would get half up front of what they would be eligible to receive. We would pay half up until February. At that time we would see how much money is left and pay the remaining amount out on a pro-rata basis. The prior Finance Director thought that there would be little administrative cost involved in this program.
William Orr asked why the States amount wasn’t sufficient for this? Why do have the doubling of everything?
Councilor Spencer said that the State has certain formulas that they go through. This program is based on income and family members. He said that it is not that much especially for the older folks. He said that it gives the person that really needs the help a little extra help.
William Orr said that the Town in one hand is revaluing the taxes and on the other we are trying to subsidize them.
Louis Stack said that your numbers are based on people that have applied. He asked what is the possibility there being people that didn’t apply before but now will apply.
Gordon Billington said that we don’t know how many will apply perhaps more will apply, but it won’t effect the budget number that is put in because that will be the cap amount.
Louis Stack asked if it would go to referendum.
Mr. Billington said that it would not because it is not a capital expenditure.
Councilor Christy said that the State is looking at changing this program by funding it with increased monies.
Councilor Hopkins thanked Councilor Spencer for his efforts on this but said that she would not vote to support this tonight. She said that she thought that this is putting an additional tax burden on people that are trying to make due without asking for assistance. She said that she feels that this is a State issue.
Councilor Lymburner said that she thought it was timely because we were having the revaluation and over years when the revaluation was discussed she said that she was hesitant to do it because of the elderly and the implications that it would have on them. She said that we came to a point with the valuation that we had to do it. She said that how she sees this issue, is it is really a fairness issue. She said that if you look at the tax system the most unfair tax is property tax. She said that property tax is not based on the ability to pay. It’s based on the property that you own which you may have inherited. She said that Phil had some concerns that not only the elderly but also other folks in town were faced with these same issues. She said that she glad to see that other groups of residents
would be helped. She said that she was glad to hear that the State is reviewing the program but she didn’t think that we should wait to see what they do. She said that we could fund this program as necessary in the future.
Councilor Nesbitt said that he would not support this tonight. He said that since this is tied so closely to the circuit breaker program and we have no clue what will happen with that program.
He said that even thought there is a need, until we get additional information from the revaluation and other missing information we should wait before we create this program.
Councilor Christy said that he applauds Gerry for his efforts. He said that there are already programs that people do not take advantage of. He said that the State has to do something. He said that he thought this should be tabled for a time. To see what the State will do.
Councilor Spencer said that he had been listening very carefully and he agreed that nobody knows what the State will do. He said that we receive legislative bulletins almost weekly and last week they were going to cut the circuit breaker program. He said that he has no idea on what the state will do. He said at this point in time there is not the support to pass, he would like a motion to table this so it can be brought back.
Moved by Lymburner Seconded by Christy to table to no time certain.
VOTE TO TABLE: 6 Yeas – 0 Nays
21-04 Authorize Child Car Seat Inspections [Nesbitt]
Moved by Spencer Second by Christy to dispense with reading of the order. (4 Yeas – 2 Nays, Nesbitt, Lymburner)
Councilor Nesbitt said that this would allow the Committee to sponsor three car seat safety inspections. The fees for the inspectors will be paid by a fund offered through the Maine Safe Kids Program. What we have to provide is the location and publicity. There have been communications with Chief Butkus to coordinate the use of the facilities here. He explained that throughout the State if is found that there is approximately a 90% failure rate on car seats.
Councilor Hopkins asked if we had at one time we trained inspectors?
Councilor Nesbitt said that we had, but due to a change in the requirements in training and re-certification the two inspectors because of other obligations and the updated requirements are no longer qualified.
Councilor Nesbitt said that the inspectors that run the Windham program will assist us.
Councilor Hopkins asked how did somebody get a car seat inspected at another time?
Councilor Nesbitt said that he thought that you could drive into Windham or Gorham to have an inspection. He went on to say that the Committee does have a supply of car seats or booster available to people that qualify for them at no cost. Information on this program is available through the Town Hall and is administrated in a confidential manner.
Chair Simpson said that he has nothing against the program, but did question why this was before us. He said that it is a Committee function that is funded therefore it should be on going. He said that his biggest concern is that we are here sitting as a Council that will operate until June 30 when a new Council will be seated. We are approving something for 2004 that the new Council should be approving.
Councilor Nesbitt said that he shared the same view, but he was approached by another Councilor who said that the Public Safety Committee was not following the guidelines that established the committee. He said that the Committee is only supposed to recommend programs and the Council will approve the program. That’s why they are being brought forward. The programs are listed in the grants but the detail on the programs is not noted. He said that maybe they should be reviewed in a workshop.
Chair Simpson said that he will support this but it is setting a dangerous precedence.
Councilor Hopkins said that maybe to Mr. Nesbitt’s point these programs should be discussed in a Council Workshop. She went on to say that we are developing a budget that may potentially be administrated by a different Council.
VOTE: 6 Yeas – 0 Nays
22-04 Authorize a Public Safety Program on Road Rage [Nesbitt]
Councilor Nesbitt said that this was noted in the Safe Communities grant as a pilot program. This program has caught the interest of SAD #6, they have talked to other schools and there is a lot of interest and need for the program. A assembly for the High School is planned and community meeting with a speaker is planned. He said to help defray expensed the Gray/New Gloucester School System may participate. Funding will come from the grant or donations.
Councilor Christy asked how do you fund the speaker?
Councilor Nesbitt said that there is $1,000 in the budget, which will cover the expenses. The Foundation likes to have a donation but does not require one. He said what they are looking for is approximately a $1,000 donation.
VOTE: 6 Yeas – 0 Nays
23-04 Authorize Health and Safety Fair [Nesbitt]
Councilor Nesbitt said that we have already had three fairs with reasonable success. He said that this year it would be around outdoor safety.
VOTE: 6 Yeas – 0 Nays
24-04 Authorize Payment Plan for Tax Acquired Property – Glidden, Sean, 30 Pine Grove
Road, Map 75 Lot 128 [Simpson]
Moved by Spencer Seconded by Christy to dispense with the reading of the order. (Unanimous)
Chair Simpson said that this a recommendation out of the Finance Committee.
VOTE: 6 Yeas – 0 Nays
25-04 Authorize Tax Collector/Treasurer to Apply Payments to Oldest Unpaid Tax [Simpson]
Chair Simpson said that this has been policy that we have had but to keep this policy it must be voted on and it must be voted by each new Council.
VOTE: 6 Yeas – 0 Nays
26-04 Waive Bid Process for Waste Hauler Services and Extend Contracts for One Year to Pine
Tree Waste, Inc. [Simpson]
Moved by Spencer Seconded by Lymburner to dispense with the reading of the order. (Unanimous)
Chair Simpson said that the Town’s contract with RWS expires June 30, 2005. The contract with Pine Tree Waste expire this June 30th. He explained that it would be very difficult to go out and get three-year bid when we don’t know what will happen with RWS. The Recycling Committee is recommending this. The Committee has some other recommendations one of which is to approach the other towns to see when their contracts run out. If the contacts run out at the same time maybe we can start a collation to go out for a bid.
Councilor Hopkins said from a procedural prospective, this is coming from the Recycling Committee. She asked Chair Simpson if you were not on the Finance Committee would this also go to that Committee?
Chair Simpson that it could.
VOTE: 6 Yeas – 0 Nays
27-04 Authorize Easement Deed with Portland Water District for Culvert Installation on Northeast Road Extension [Simpson]
Chair Simpson said that he wanted to opportunity to discuss this and then table it until the next meeting. He said if you recall we had Chris Neagle here,
who is the attorney for Portland Water District talking about putting two culverts down at Northeast Road and relocating Northeast Road. When he left here he was under the instructions to talk with our Public Works Director to get the legal work done and be prepared for tonight. He said that they have not come forward with the easement deed. He explained that our legal counsel feels that the deed is necessary.
Roger Mosley explained that a few days of telephone tag after the workshop finally we received a Street Opening Permit from the Engineering Firm. The information came back that they (PWD’s Engineering Firm) had discussions with MDOT; they also thought that a Street Opening Permit was not necessary and Roger discovered a couple of technical errors in the cross section. He said that that issue had been corrected in a revision and a Street Opening Permit draft was completed. They did not forward a copy of a draft easement.
Louis Stack said that the easement came forward from the workshop, at which time Mr. Neagle indicated that the Town did not own the 99-foot right-of-way. He then asked how long is the culvert? He said that the culvert should be at least 132-feet long. He said there seems to be some question on what amount the Town actually owns down there whether it is 6 or 8 rods. He said this culvert is supposed to being water from one side of their property to another, there should be anything in this easement that says anything about 99-foot it should say 132-feet. The other thing is regarding the Attorney Ken Cole and conflict issues that may come up with PWD.
Councilor Spencer said looking at the cross section and remembering the PWD Attorney is they don’t know if they own it they assume they do. We assume we own the 99-foot right-of-way or possible 132-feet. He said what they wanted to do is take the road that is there now and put it within the 99-foot right-of-way. He said that if they move the road at all they must put the center of the road in the center of the right-of-way to make sure that we have an area that can be developed for parking. He said that he sees the necessity for the culvert.
Chair Simpson said that there are several issues involved in the easement deed. We want to make sure that the deed is only the south culvert. Also, the order should say that they pave it.
Councilor Nesbitt asked if there had been any clarification on the width of the road?
Chair Simpson said that the Roadway Planning Committee feels strongly that we have an 8-rod road going down the range way. When the Selectmen petitioned the County Commissioners in 1930’s to narrow that road did they was the word “road” way or “range” way. He said that they need to get a clarification on the definition. He said this would become a very critical issue especially since release of Portland Water District’s Mission statement. Portland Water District is claiming that they own the 99-foot right-of-way and everything on the other side of the railroad tracks to the water. He said if you look at the range way map the road goes to the water. The Portland Water District Claims that they bought the rights from the DOT, he said that all DOT had was a right-of-way.
Councilor Nesbitt asked if that will be cleared up by the March meeting?
Chair Simpson said he didn’t think so, but it depended how far they pushed the envelope.
Councilor Christy said that he went down to boat launch to look around. He said that there are naturally occurring drainage and catch basins. Which direction does the water flow at this time? Towards the lake like the Water Distinct says or towards the Otter Ponds. He said that he wondered if all the information that is being received it accurate. He said that the Council should take a walk down there.
Chair Simpson said that they want to make the flow from Standish Brook towards the Otter Ponds.
Gordon Billington said that surface water seems to travel in that direction. They are not sure about water underground.
Councilor Lymburner said that the District did blasting down there to see where the bedrock is.
Councilor Spencer asked for clarification of where the blasting took place.
Councilor Lymburner said that they were seen at the boat launch.
Chair Simpson said another issue is Chadbourn’s Landing.
Councilor Spencer asked how far are they going to move the road?
Roger Mosley said that he didn’t have a good answer. He said that were the asphalt ends is where road leaves the right-of-way. From that point it goes outside the right-of-way and back in. What he understood is at the end of the asphalt is where they want to keep it all in the right-of-way.
Councilor Spencer then questioned the paving.
Roger Mosley said that would have to be discussed. He said that the center of the rebuild should be in the center of the right-of-way.
Councilor Christy questioned the right-of-way in the Duke plan.
Councilor Lymburner said that road way includes the 99-foot right-of-way with an additional allocation of 10 feet by the PWD. She said that this would create more room for flow of traffic.
Moved by Hopkins Second Lymburner for this item to lay on the table until the next meeting.
VOTE ON TABLE: 6 Yeas – 0 Nays
Councilor Lymburner asked if they could continue to table this item.
Chair Simpson said that they could.
Chair Simpson said that there is an order before them for a utility location that would need to added to the agenda by unanimous consent.
Moved by Lymburner Seconded by Spencer to add order 28-4 to the agenda. (Unanimous)
28-04 Utility Location Permit – Gilbert Homes, Inc. – Milt Brown Road
Roger Mosley explained that in December there was an order before the Council about this permit from Central Maine Power. They started the paper work when Gilbert Homes approached them to get power to his new subdivision. The developer also got a proposal from a private individual to supply power to that subdivision. Gilbert Homes chose to go with the private contractor and not Central Maine Powers proposal. CMP submitted paperwork to us thinking that they would be doing the work. When we ordered the streetlight it came to his attention that CMP did not install the pole. He said the in order for CMP to attach the wires to the pole Gilbert Home has to get a utility permit from the Town.
Chair Simpson said that this issue may come up more often since the law has changed, this may cause more work for us.
VOTE: 6 Yeas – 0 Nay
PUBLIC ITEMS
Louis Stack said that there have been many discussions around town regarding the 6 or 8-rod right-of-way at Northeast Road. He said that people want the Town to support the fight on this issue.
Louis Stack said that he had a question about the order that was passed last week regarding the sale of tax-acquired property. He said that the Council order said that the money should go into a dedicated fund for a community center, didn’t that need to go to Town Meeting?
Gordon Billington said last time it was both Council order and Town Meeting vote. That same thing will happen this time.
Louis Stack also noted the PWD White Paper and it’s vision to close the tow-mile limit to protect the water. He said that he would like to suggest a vision to the Council to develop the launch into a recreational area for fishing, boat rentals, or boat excursions. He said that this is not too far fetched.
Councilor Nesbitt said that we have two options, to either condemn it but do nothing or do something about it. He suggested that the Council should focus on the following:
He said that Sebago Lake is one of the State largest resources with multiple uses, community economic development, recreation and clean water. Maine agencies including Inland Fisheries and Wildlife, and others continue to believe in the multi-purpose user of all the lake. He sight the majority of the consumers of the water also support multi-purpose use of the lake. He said that Federal laws including the Clean Water Act and Homeland Security do not support single purpose use of the lake at the expense and determent of the community. He said that the vision that all interests can and must work together at all levels of government to reach a consensus and practice multi-purpose uses of Sebago Lake for the benefit of all. A grass roots activity will be initiated to include all interested parties to protect the multi-purpose
use of Sebago Lake.
Councilor Christy said that White Papers usually take about a year from their inception to actually being in print. The Steering Committee has been in negotiations regarding the beach and the park. He said timing is everything. The recent negotiations have been positive but we need to be cautious at this time.
Councilor Hopkins said that Councilor Nesbitt have some very valid points. She said that we are in the middle of negotiations which they have postponed and she didn’t know why. She asked the Chair what is the best way to approach this. She said that there are possibly five volatile situations in front of the Council. She said that she thought that some of the items needed full Council discussion. She thought that maybe there should be a workshop for these discussions.
Chair Simpson said that they will have a Special Workshop.
Councilor Spencer said that the White Paper didn’t come as a surprise to him. He agreed that a workshop should be held and the attorney issue should be discussed.
ANNOUNCEMENTS
Several upcoming meetings were announced.
EXECUTIVE SESSION (S)
An executive session was not needed at this meeting.
ADJOURN
Moved Seconded and Voted to adjourn. The meeting adjourned at 9:55 pm by unanimous consent.
Submitted by:____________________________________
Clerk/Secretary
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