DRAFT – MINUTES ARE NOT OFFICIAL UNTIL
ADOPTED BY THE TOWN COUNCIL -- DRAFT
MINUTES
TOWN COUNCIL MEETING
STANDISH, MAINE
TUESDAY, MARCH 9, 2004 - MUNICIPAL CENTER 7:00 PM
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CALL TO ORDER
Pledge of Allegiance was recited.
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Councilors present: Hopkins, Lymburner, Nesbitt, Pomerleau, Simpson and Spencer. It was announced that Councilor Christy would arrive later.
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MINUTES OF PREVIOUS MEETING (S)
The minutes of the from the February 10th and 24th 2004 meetings were adopted as presented by unanimous consent.
PETITIONS AND COMMUNICATIONS
Town Manager, Gordon Billington read a letter from Steven Montgomery of Standish Little League apologizing for a statement that appeared on their 2004 registration flyer that incorrectly indicated that the Town of Standish did not fund Standish Little League. He said that he received wrong information concerning past funding of the League. He again apologized for his mistake. Gordon Billington said that he received a second letter from Charles Wilson regarding a fire at his home in the middle of the night. Mr. Wilson said that the entire Public Safety Department provided great service in putting out the fire and showed sincere concern while at the scene. Copies of both letters are on file at the Town Office.
REPORT OF THE TOWN MANAGER
Gordon Billington reported on the following items:
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Clerk’s Office: Nomination papers will be available on the 15th for the Budget Committee -- 3 at large seats, Town Council -- 2 seats (3 & at large), Planning Board -- 2 seats (2 & 4), and MSAD#6 Directors -- 3 at large seats.
Code Enforcement: Building and growth permits issued remain slow, YTD 55 S/F residences and 23 growth permits.
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Subdivisions nearing final approval process: Hartwell in Sebago Lake Village which received final approval earlier that was conditional upon DEP approval – that approval has been received. Prouty on Boundary Road and Saco River Bound at the end of Florence Lane, Steep Falls are awaiting final action on Planning Board conditions and should be close.
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Public Works: The Transfer Station continues to receive more household solid waste than we budgeted for. We are presently up 113 tons over last year at this time – In transportation and tipping fees that represents about $75,000 in added expense to the town. We had hoped for a reduction gained through recycling education efforts. As many of you know, the Recycling Committee instituted a strong recycling education program this year with five flyers sent out town wide, education in the elementary schools, developed the recycling calendar, erected new signs at the Transfer Station, and added recycling containers (silver bullets) to Colonial Market Place and Patches Store. There has been some success in increased recycling, but it has not had the desired result of reducing solid waste. We expect that Regional Waste System again this year
will raise tipping fees as they try to address their high debt load, and this problem will probably only get worse.
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From Public Safety: EMS Calls~for February were by 50% over last year at this time averaging more than 3 runs per day.
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On February 28, 2004 Fire/EMS held their 1st annual “Red Cross” blood drive here in the council chambers – The Auxiliary members were the coordinators and assisted with the entire day. They were a huge help / success. 46 Total came to give blood
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Gordy explained that Linda Brooks will give an update on the Recreation Department this evening for this month’s Department Head presentation. Before she does, I would like to notify everyone that the Recreation Department is accepting applications through April 9th for summer employment. They are looking to hire 25 individuals from High School age on up. Interested individuals can pick up an application here or apply on line through the Town web site.
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Linda Brooks explained that the Recreation Department has some new accomplishments that she would like to inform the Town about. The
Senior Citizen Initiative began during FY 03 budget process with funds being appropriated with intent being to subsidize any programs that would be offered to the seniors in our community. She explained that they began by offering some programs that had been developed for seniors in Standish and the surrounding communities and by trying to promote some of the other programs that already existed for Seniors in the community. She said that they brought this information to some of the area meal programs that are being offered currently; they created a page on our website to highlight senior programs only; we put the information in some of the local newspapers. She said they continued to have a minimal show of interest in the activities that we tried to offer, they began to hear a “repeating theme” - we don’t have any way of knowing what is going on. So, they decided to start with what they were asking for, and grow from there. She explained that the third issue of the Standish
Recreation Seniors Update came out last week. In just four short months they have achieved more success with this than with anything that they had attempted in the prior year. The newsletter itself raised the interest of the Lakes Region Weekly Newspaper, as they ran an article about our efforts in the January 31 edition. In addition the committee established a Senior Data Base of the seniors in the area that are interested in being involved; and we are learning all about who they are, where they live, what they want to do and what is keeping them from doing it. There are 87 names on that list, which continues to grow every time we distribute a new edition. Linda said as a direct result of this newsletter, there have been new programs established which are up and running, and in the November edition. For an example, the School House Arts Center Daytime Players recruited members for a senior ensemble theatre group. The Recreation Department
provided them with funds to get started, and they have been meeting on Monday mornings to work on a variety of selections with a senior theme. Not only do they plan to perform at the School House Arts Center, but they will also be taking their productions on the road, and will be performing at the lunch meeting of the Active Seniors Citizens of Standish on Wednesday, March 24. WCSH has expressed an interest in doing a story on this group, and have been out to their rehearsal this week and will return on the 24th to provide coverage on this event. At the Steep Falls Library, we have begun to have a weekly book club meet on Thursday mornings, to discuss selected readings, and we are also beginning a Geneology class for anyone interested as well. In an effort to continue our outreach efforts, we have formed a Senior Committee, and we meet monthly to oversee the programs that we are creating and to help address some of the obstacles that we face in offering
programs to the seniors in our community. There are currently four active members of this committee, and one of the first items on our agenda is to establish a list of volunteers who are willing to provide transportation to the seniors in our community who have difficulty getting to the various opportunities that are already available to them.
Linda explained that other established programs have continued to see success, and during 2003 they ran a total of 32 different programs throughout the year. This includes ongoing programs for children between the ages of 1 – 15, the 7-week summer camp program, the After School Program which runs every day that school is in session, two vacation week programs, a 10-week Soccer League for ages 4-12, a 6-week Ski Program, and special events throughout the year for people of all ages. Our special events have usually been offered free of charge, and they have continued their subsidy program with much success for both the Summer Camp Program and the After School Program. As for the Summer Camp program in 2003, the Town provided subsidies to a total of 21 children for a total of $5,142.50. This total dollar amount is
simply reflected on the revenues that are projected for this program. In addition to the subsidies received from the Town, there were 6 children that received subsidies from other agencies such as DHS for a total of $2411. and there was one child that received a full scholarship to attend camp this summer through a donation that we receive every year from the Saco River Teachers Association. The After School Program this year, the town has provided a subsidy to four children for a total amount of $3078, and there have been two children receiving subsidies from other agencies for a total of $800.
Linda noted that the Standish Recreation Department has received much publicity in the local newspapers lately for its plans to build a skate park at Johnson Field. At this time, the Committee has submitted grant proposals to both the Libra Foundation and the Narragansett Number One Foundation, and we will hope to hear something positive from those organizations later this Spring. In the meanwhile, we are forging ahead with our own fundraising efforts, and we have three events scheduled for the next two months: A Spaghetti Supper will be held this coming Saturday at the Steep Falls Fire Barn. Tickets are $6.00 –adults, $4.00 – children. A “Sports Stuff Swap” will be held Saturday, April 17 -8:00 – 11:00 –GEJ School. Donations will be accepted or we will sell items on
consignment and will keep 40 % of any sale. They will accept all sports stuff, skis, skates, sporting attire, baseball gloves & bats, roller blades, hiking gear. Items can be brought to the GEJ gym on Friday, 4/16 from 5:30 – 7:30 p.m. A Fund Raising Social – Friday, May 21, 7:00 – 11:00 p.m. Members of the local community will receive invitations to this event, and will have the opportunity to come and meet some of the people that have been involved in this initiative and learn more about how they can be involved.
Linda said that the Volunteer Appreciation Reception that was held in April of this past year. They hosted our second annual volunteer reception, and they invited all former and current members of the Recreation Committee to attend this event. At this reception, they were able to publicly acknowledge all of those committee members who have provided years of service to our community. They also presented the Standish Recreation Community Service Award to Norma Richardson, who had received numerous nominations for her many years of service to the Recreation Department. This year, they will be hosting this event on Sunday, April 25 from 4:00 – 6:00 p.m. The Recreation Committee will be accepting nominations either in writing or on our website, and they will look forward to recognizing the many people that
have helped make our programs so successful.
Councilor Lymburner said that she wanted to say what a lovely job the Recreation Committee especially the seniors program. She said that she was also glad to see that we are funding children whose parents are unable to allow them to attend the recreation program.
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Chair Simpson asked Linda what age was considered senior?
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Linda Brooks said 55 years and up.
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PUBLIC HEARINGS
05-04 Amendment to Standish Town Code, Zoning Map (Chapter 181) Expand Village Center Zone in Sebago Lake Village Area [Spencer]
Councilor Spencer said that this was introduced in January, first reading was in February and now it is the public hearing. He said this will extend the Village Center just a short distance little bit to accommodate a woodworking and cabinet business. This lot is just one lot past the end of the Village Center Zone.
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After a Public Hearing without additional Council or public discussion the above titled ordinance amendment was adopted and the hearing was closed.
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VOTE: 6 Yeas – 0 Nays
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28-04 Application Submitted by Michael Baptista and Elaine Burnham dba Acres of Wildlife Campground, Inc. for a Malt, Spirituous and Vinous Campground License [Simpson]
Chair Simpson asked if the application was in order.
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The Clerk said that it was.
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After a Public Hearing without additional Council or public discussion the above titled application was approved and the hearing was closed.
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VOTE: 6 Yeas- 0 Nays
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29-04 Application Submitted by James Para dba Standish House of Pizza, Inc. for a Malt Restaurant License [Simpson]
Chair Simpson asked if the application was in order.
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The Clerk said that it was other than the drawing of the premises.
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After a Public Hearing without additional Council or public discussion the above titled application was approved and the hearing was closed.
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VOTE: 6 Yeas- 0 Nays
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Fiscal Year 2005 Municipal Budget Hearing
Gordon Billington explained that the Town of Standish operates on a Manager/Council type of government. The municipal budget is ultimately approved by the voters at a June Town Meeting. The Charter requires the Town Manager to develop a budget an present it to the Council and elected Budget Committee by the first of March each year. That budget has a Public Hearing at the first Council meeting in March. He said that after the budget receives the Public Hearing will then be turned over to the Council for review. The Finance Committee will review it first by going over each departments budget and then the on to the full Council. May first the budget will be turned over to the Budget Committee. By the Charter the Budget Committee has fourteen days to return the budget with written recommendations. The
Council has an opportunity to review the recommendations, if the Council disagrees with the recommendation they can overturn the recommendation by a super-majority vote. If they are unable to do that a join meeting will be held with the Budget Committee where they will vote on the budget differences. He said once that process concludes then the Council turns the budget over to Town Meeting. The Town Manager then presented an overview of the budget.
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COMMITTEE REPORTS
Councilor Nesbitt explained that the Public Safety Committee will sponsor two programs on road rage on April 28. This is sponsored by the Public Safety Committee, Safe Community Coalition and Bonny Eagle High School. Jason Edmonds Foundation out of Montreal, Canada will provide the presentation. There will be an assembly at the High School for the students. In the evening there will be a program for the public.
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Councilor Nesbitt explained that there will be a child car seat inspection on May 1st from 10:00 am – 12:00 pm. This will be held at the Fire Station. Car seats will be available at that time and there is discussion of making seats available at other times.
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Councilor Nesbitt explained that the Administration at the High School are discussing installing a caution light near the high school. The cost of the lights is approximately $6,000.
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Councilor Nesbitt said that the Appointments Committee would like for the Chair to consider dissolving committees that are inactive. In addition, the committees that have Planning Board and SAD #6 Directors in the membership need to be reviewed in workshop due to the time commitment.
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Councilor Pomerleau explained that the Capital Improvements met a couple of time last month. He said that they are looking at pumper firefighting equipment. It started out at $415,000 and is down to $360,000 he said that we have worked hard to get the amount down. He said that they also talked about field improvements at Steep Falls. He said that last year we couldn’t take our field out of serve since the schools were working on their fields. He said that the Committee also discussed the gravel pit on Boundary Road; he said that they will be taking three acres out of that for timber harvesting. In addition, they discussed the sale of the Public Works truck.
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Chair Simpson said that there is money in the budget for a feasibility study regarding the RWS issues. There may be an increase in the tipping fees which would impact our budget.
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Linda Brooks explained that the survey for the Community Study Building has been completed and the information is being reviewed. She said that approximately 462 surveys were completed between the phone and online survey. The Committee will meet next Tuesday to discuss the surveys and start putting together the report.
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Councilor Pomerleau explained that only about $600 was spent to conduct the survey and the Town should be proud of that.
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CONSENT CALENDAR
No items this meeting.
UNFINISHED BUSINESS
20-04 Authorize Property Tax and Rent Rebate Program (Tabled at
2/10/04 Meeting) [Spencer]
Moved by Spencer Seconded by Pomerleau and Voted to take this item off the table. (Unanimous)
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Moved by Spencer Seconded by Lymburner and Voted to Indefinitely Postpone this item.
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VOTE: 6 Yeas – 0 Nays
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27-04 Authorize Easement Deed with Portland Water District for Culvert Installation on Northeast Road Extension (Tabled at 2/10/04 Meeting) [Simpson]
Moved by Lymburner Seconded by Nesbitt and Voted to take this item off the table. (Unanimous)
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Simpson said that this was tabled last time waiting for the easement deed. As of last Thursday the deadline for submission of the orders, the deed had not been received and it was received yesterday.
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Chris Neagle an attorney representing the Portland Water District said that he apologized for getting the easement in late. He said that he wasn’t aware that this item was on the agenda last month. He said that to his knowledge the Public Works Director has seen the plans and approved the design of the road, although he had not seen anything in writing. He presented a map that showed the public right-of-way at the boat launch. He pointed out the paved area portion of Northeast Road Extension and how the gravel portion of the travel section of the road is on PWD property. They would like to relocate the improved portion of Northeast Road and in the process install two culverts. He pointed out the locations of the culverts. He said that he wanted to respond to one point that he has read about and that is
the ownership of the Northeast Road Extension. He said that in his opinion it didn’t matter who owns the road because we don’t deny that the Town of Standish has a public easement in that piece of real estate. He said that he wanted to make it clear what he had said last time that the District could do what it wanted to do and he should have added as long as the Town’s rights to the public road were not affected. He said that there are a series of statutes that talk about this issue. He said that whether the District or the Town owns the land under the easement does not matter in the terms of their request. He said that there are at least two statues that say you can’t mess with a Town’s easement unless you get approval. He said that he would urge the board not to get hung up on that dispute and only consider this in the context of what it might do the public easement rights. He said that he hoped that the Council
wouldn’t get into the question larger E & E Center will be built because that is a Code Officer decision that has not been rendered yet. He said that he wanted to emphasize that this project will have no impact on the boat launch at the end of the Northeast Road or the area between the railroad tracts and the water which is serviced by some 1988 licenses from the District would remain intact. He said that they are trying to do three things that are related but in many ways separate. He said that they are to rebuilt the road so the traveled way is within the right-of-way at the Districts expense according to the Town’s specifications. They are looking to put in one culvert to move surface water from one side of the road to the other. They are looking to put in a culvert that may serve retention ponds for the E & E Center. He said that you all have received a copy of the Right to Modify Public Easement, it is a form
of an easement deed that refers to the plans that were filed and it attempts to avoid any implication regarding ownership that don’t need to be resolved. He said that he would be happy to answer any questions because he knew that the Town only received it yesterday. He also knew that Ken Cole had not reviewed, it or been given direction to review it. He said that he would like to hand out a form of a Council vote that is different than the one that was published on the agenda. He went on to say that for the issue to be addressed fairly, it should be separated into three issues. He said that we would request that the Council approve this project in three stages or independent votes. The first would be to rebuild the traveled way portion as shown on the site plan and the construction plan that was subsequently filed by the Engineer with the Public Works Director. He said that they think that request stands by itself just because having the
traveled way in the right-of-way is usually a good thing. He said that it would not cut off access on either side of the traveled way and not affect the parking rights. He said that the second approval would be for the roadway culvert at the end of the paved road. He said that he remembered from the last meeting there was concern expressed that the water runs into a wetland where it doesn’t easily get into the lake because of the railroad tracks. If it goes to the other side it will run into Standish Brook and then into the lake. He said that if the entire Center is approved the culvert would lead to a ditch then to a controlled erosion pond that would never get near the brook. He said that he would suggest that you make your approval conditioned that the District show that surface water that runs through the culvert from east to west will not run into Standish Brook. Either because of the construction of the E & E Center or other
modifications acceptable to the Director of Public Works. He said that we are not trying to put the water where it doesn’t want to go. He said that the Code Officer has legitimately has questioned the right to put the culvert in here as part of the plan. He said that the longer culvert that you connect stormwater retention ponds called the stormwater treatment culvert. We are asking for conditional approval adding two conditions-first, that the approval is contingent based on the Town of Standish ultimately approving the plans for the E & E Center and further the approval would in no way suggest that that Council or Town takes any position on the pending application would be a signal to anybody that the like the E & E Center. He said that he had not talked to his client about paving. He said that his client are happy to build the road to Town standards as long at they are reasonable and consistent with other Town specs. He said
that was his presentation and he would be happy to answer any questions.
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Chair Simpson said that he had put this order in to make sure that it got to the table. He went on to say that does not mean that he supports it. He said that easement is not part of the order.
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Chris Neagle said that if you were to approve the easement deed, or approve on culvert but not the other or approve this conditionally and only one condition came true, he said that you should execute this easement deed. He said that a lot of things have to happen but he didn’t think that they needed an easement to rebuild that roadway. He said that it was his opinion that it was a public easement which is controlled by the Town of Standish. If the District rebuilds the roadway at the Districts expense to the Town specifications it would be the Town roadway. He said that they would not do any more then that. He said that if they needed to modify this it can be done. He said that he was trying to put it in a form that was fair to both sides.
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Chair Simpson said that your offer of how we the vote is in conflict with the order. He said that we have two separate issues.
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Chris Neagle said that you are suggesting that procedurally this would not be in order for action because it is not consistent with the order. He said then wouldn’t it be possible theoretically to amend the order?
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Chair Simpson said that the amendment would be too far away from the original order. He went on to say that there are two issues.
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Chris Neagle questioned what were those issues?
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Chair Simpson said the rebuilding of the roadway and the approval of the easement. Then you are tying it into the E & E Center.
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Chris Neagle said that he suggested words that make it clear that this vote does not endorse the Center. He said that if you are suggesting the approval of the culvert is premature and could see that being tabled until it can be republished for the next meeting. If you think the portion regarding the public way is in order and the Council is in the mind to approve it, he said that should happen regardless of what else happens.
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Chair Simpson said that he did not agree with that. He said that there is something that needs to be stipulated if we were to approve the application. He said that he would ask the Public Works Director to speak on this in a moment.
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Councilor Hopkins said that the she had a concern as a Councilor as just receiving this for a vote and have not had an opportunity to read it. She said that this is important and has a problem with addressing this tonight.
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Councilor Pomerleau said that he had concerns too. He asked when does an abutter of a public road come in and want to rebuild it? Have we asked them to rebuild it? He said that he liked it the way it is.
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Chris Neagle said that it is the District’s feeling that liability wise if someone is driving on their private property there is more liability than they should have to assume. He then showed on the map when a vehicle is traveling on the road how they go on the Districts land. A number of years ago a triangle of land was deeded to the Town to address this type of situation. In addition there is a license on some of the land there. He said that when the Town runs it’s plow truck there it is on private property. He went on to say the you know that is not a good idea. If the roadway is put back in the public easement width the problems all go away. The access is no affected in anyway; the road becomes straighter and undoubtedly be improved. He said that when a this is just some
sandy soil that has been compacted and graded. He said that when a proper roadway with proper gravel abase is built is will be a safer roadway to travel to the boat launch.
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Councilor Pomerleau said that he read some where if someone maintained, plowed and graded some land it may be theirs anyways. He said he’s not saying that it’s ours but it might not be yours any more.
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Chris Neagle said that he recognized that argument and he was not here to debate the law.
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Councilor Lymburner said that you don’t think that it makes much of a difference if you call it a public easement or right-of-way, but to her it does. She said that when the Portland Water District puts in its papers that the “Standish” road known as Northeast Road that will make a difference to her. She said that she has two things in front of her which they had not had the opportunity to read and you are asking them to vote for two or three different things and she agreed with the Chair that they are not in order. If anything this should go to workshop to decide how it should be worded.
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Chris Neagle said that is a fair comment and would like to hear what the Public Works Director has to say and the opportunity to come back to a workshop
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Councilor Lymburner says you talk about the votes that we have taken in the past. She asked what was the length of the culvert.
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Chris Neagle said that you have not voted yet. He said that he was suggestion that you would vote.
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Councilor Lymburner read from his sample order the section that she had a question about.
Chris Neagle said that he wanted to clarify that. He wording was meant to say that you would be voting on a culvert shown on a December 12 plan. The December 9th is not meant to suggest that you have approved anything in December. It only is to clearly identify a plan that gives more detail.
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Councilor Lymburner said that we needed to discuss what the memo says.
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Chris Neagle said that he respected the idea that they needed more time and was willing to take whatever time the Council needed.
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William Orr of Kerri Farms Drive, asked the Council not to consider this tonight, this is something that he came to the Council to hear and there are handouts that the public has not seen. He said that the purpose of Town Meeting is for the public to be informed before you vote.
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Chair Simpson said that this is not a Town Meeting, it’s a Council Meeting, but your point is well taken.
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Roger Mosley the Director of Public Works explained that he provided a brief memo to the Town Manager after reviewing the information. He said that in his opinion it does talk about a public easement and said that it was his understanding that we own the road. He said that needs to be clarified before he authorizes a street opening permit. He said any work or easement within the right-of-way is not under his authority. It is the Town Councils authority. He said that he sees where they have stated “the Director of Public Works” authorizes the easement; he said that his position is to provide information to the Town Council. He said it is their authority to authorize any easement or major reconstruction within that right-of-way. He said another part of the easement references state statutes, one of
which talks about regulation of facilities in a public way by a utility. He said that it was his opinion that a culvert doess not classify as facilities as defined. Culverts are water structures but are not as an underground wire would be to a utility. He says it also reference a title where covers obstructions and drainage in the right-of-way, there, again there is no discussion in the easement regarding reconstruction and work in he right-of-way. He said that should be in there for the Council to authorize. He said through further discussion and review of this discussion has come up regarding the potential of that being an old eight-rod right-of-way. There still may be rights to that eight-road right-of-way. If that is the case and these culverts should span the entire width of the right-of-way.
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Chris Neagle said that he didn’t was to debate anybody and he respected Roger’s analysis. He said that he initially agreed if MRSA section 2503 applied. He said that he wanted to point out that you have a letter from your attorney that says that is the statute we need to get approval under. He said that maybe Roger and the attorney can work that out because he is hearing two different things.
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Moved by Hopkins Seconded by Nesbitt to table this until the next meeting. (Unanimous)
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Christ Neagle questioned if this was likely to go to the Council workshop?
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Chair Simpson said that in all likelihood this will be on the Council workshop agenda.
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NEW BUSINESS
30-04 Waive Bid Process for sale of Surplus Highway Pickup Truck and Authorize Direct Sale [Pomerleau]
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Councilor Pomerleau explained that this 1997 truck went out to bid twice and no bids were received. He said that the Capital Improvements Committee discussed this truck and decided that the truck should be cleaned up, it’s a great truck, the bid waived, put it out front and sell it. Someone will get a bargain on this truck.
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William Orr said that he is opposed to waiving the bid process. If it is such a great truck why did we replace it?
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Councilor Pomerleau said that it is a good truck and it is sure worth more that we would have gotten out of the bid. He said that more people will see the truck out front than saw the notice in the paper.
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Councilor Lymburner said that she was a little concerned with the bid process. She asked if other towns had a longer time under their bid process? She said that this seems to be happening a lot that we put things out to bid and don’t get the real value back. She said that she would like to see this discussed in a workshop.
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Chair Simpson said that he thought that the bid process worked very well. He said that this is the first time to his knowledge that we have not received a bid. He said that we could certainly take a look at it.
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Councilor Hopkins said that we have followed the Charter. This has gone out to bid twice. It is part of the Code and Charter that we can waive the bid process to find an alternative way to sell a piece of equipment. She said that the Capital Improvements Committee has done an outstanding job in the past two years in finding creative ways get the best value for the Town. She said that she did not think that they were violating the Code or the Charter by supporting this order tonight.
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Councilor Nesbitt says that the way this is written it doesn’t say if the plow goes with it, should it be amended?
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Councilor Pomerleau said that it does go with it. It has been bid as a complete package. He said that he doesn’t disagree with Bill Orr that maybe in the future we may want to advertise the item before it goes out to bid. He said that later on the agenda there is a house that went out to bid. He said that we should have put a sign on it alerting people of the sale. He said that we have tried hard to sell this truck.
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VOTE: 7 Yeas – 0 Nays
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31-04 Authorize Use of Town Council Contingency for Survey of Public Use Area in the Vicinity of the Old Railroad Station and Public Wharf at Sebago Lake Village; and Engineering Survey and Clean-up of Chadbourne’s Landing [Simpson]
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Moved by Spencer to waive the reading of the order. (No second motion failed)
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Chair Simpson said that this falls in line to the previous discussion regarding the culverts. He asked Roger about the quotes of $3,000 each.
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Roger Mosley said that is correct.
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Moved by Hopkins seconded by Spencer to amend the order by adding the amount of $3,000 to the order for each of the quote amounts. (Unanimous)
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Councilor Nesbitt wanted the area described.
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Chair Simpson said the roadway as it is now and access road between Northeast Road Extension and Maple Street.
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Councilor Nesbitt asked if that would address the six-road versus eight-road issue?
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Chair Simpson said somewhat; we are getting a second opinion of the roadways width.
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Councilor Pomerleau asked for someone to explain Chadbourne’s Landing. He said that not everyone knows where that is and did the Town put those huge boulders there?
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Chair Simpson said that Chadbourne’s Landing is at the end of Route 237 going to the lake. He said that back in the 1960’s the Town was challenged on the landing. It went to the County Commissioner’s and it was up held that it was a town road. The Water District took us to court at that time and the court up held the County Commissioners decision that Chadbourne’s Landing was a town road. Since that time PWD has put a fence in the possibly right-of-way, in addition a wooden barrier and the boulders. This money is to survey that out to see exactly where Chadbourne’s Landing is and that there is no encroachment by the fence and the removal of the debris. We have the right to do what we want to do down there under there court order.
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Councilor Pomerleau said that then the District put the boulders there to stop parking?
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Chair Simpson said that he had no idea.
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At 8:30 pm Councilor Christy arrived.
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PWD representative, Paul Hunt said that the boulders were placed there after September 11, 2001 to prevent accidental access to the lake. They were placed there as a security measure.
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Chair Simpson asked they were placed there knowingly it was a town road?
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Paul Hunt said the wooden barrier was there already and had been for about twelve years and that was put in with the cooperation of the Town. He said that the boulders don’t prevent any access that was there before they were put in.
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Chair Simpson said where did the cooperation from the town come?
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Paul Hunt said what is referred to as debris is actually a $45,000 erosions and stormwater treatment structure and system. He said that the entire design was submitted to Town in 1993 before it was constructed in a letter to Manager Scott Cole.
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Chair Simpson said then Scott Cole approved it and not the Council?
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Paul Hunt said that he did not have that information.
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Councilor Pomerleau asked when the boulders went in and did you get Town approval?
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Paul Hunt said in the spring or summer of 2002.
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Councilor Pomerleau asked if there was Town approval?
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Paul Hunt said no.
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VOTE ON ORDER AS AMENDED: 6 Yeas – 0 Nays
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32-04 Authorize Town Manger to Execute Declaration of Protective Covenants and Restrictions [Simpson]
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Chair Simpson explained that this is something that we must comply with for the sand/salt storage shed.
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VOTE: 7 Yeas – 0 Nays
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33-04 Reduce Performance Guaranty – Gilbert Homes – Wind Song Estates [Simpson]
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Chair Simpson said that this has the approval of all the department heads involved.
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VOTE: 7 Yeas –0 Nays
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34-04 Approval of Municipal Warrant for Prosecution of the Owners or Keepers of Unlicensed Dogs [Simpson]
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Chair Simpson said that this is a yearly procedure.
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VOTE: 7 Yeas – 0 Nays
35-04 Award Bid for Tax Acquired Property – Map 41 Lot 7 [Simpson]
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Chair Simpson said that this item came before the Finance Committee and was debated this for a considerable amount of time. He said that they thought that they would be in a Catch-22 situation when one of the bidders of the project was the Portland Water District, knowing the contentious positions that we have had with them over the years. He said that ultimately we looked at the RFP and what we had in it and it definitely said that the property was being sold “as is” ”‘where is” with no contingencies in the contract. The Portland Water District offer did have contingencies in the contract, continent upon Trustees approval and appropriation. Also, they had a condition on an environmental hazard assessment. In additional they did not give a certified bank check as required. He said
that he realized that was a minor technicality being a public utility. He said that one of the questions that he raised at the time was the fact with that condition regarding the hazardous waste assessment they did not spell out what might happen if in fact that came up and if the Town could be held liable for that. They also did not disclose as required by the RFP what their plan was for the property. He went on to say that the winning bidder did tell what she was intending to do with that by putting it into a two bedroom single-family residence. She also brought forth an offer to present to us her financial status as being able to pay cash for it. She also brought forth all the contractors that she had gone to for information. He said that before he turned this over to the public he wanted to straighten something out. He cited an editorial that was written by Josh Williamson that ran in the Lake Regions Suburban News that was
totally inaccurate. He said that in it he points out that…..there is significant pollution under the auto garage portion of the property……..Chair Simpson said that is totally inaccurate. He said that nobody has determined that there is pollution there whatsoever. He said what he had said was that was a used car dealership and there is probably not a lending institution that once they found that it had been a used car garage that they would probably would require an assessment. He said that he had never said that there was significant pollution under that auto garage portion of the property. He said that he wanted the public and Council to understand that. He said that the editorial says that the Chair’s support of the lower bid pointed out the Town could be left with the tab of abating pollution at the site if property goes to the Water District. He said that the editorial went on to say that what is certain is
that the site should be cleaned. Chair Simpson said that there is no reason now to say that it should be. He said lastly the editorial said that we should separate the property and sell the garage to the Water District and the part to the low bidder for the house. Chair Simpson said that you all realize that we have Land Use Ordinance in this Town that would not allow us to do that because we would create non-conforming lots. He said that he took real exception to that editorial.
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Chair Simpson opened the discussion to the public. There was no public input at this time.
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Moved by Lymburner Seconded by Hopkins and Voted on the amendment to the Purchase and Sales Agreement shown below:
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That the sale be subject to the following condition: that should the buyer wish to resell said premises a term of two (2) years from the time of the sale that the town shall have the first option to purchase for the same considerations as initially paid to the town plus monies spent for improvements.
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Councilor Lymburner said that there were discussions made to her by both other Town Officials and citizens, what’s to stop this person from buying it tomorrow and selling it to the Water District the next day and making a quick $30,000? She said that she was very interested in seeing this property remain a property that is on the tax rolls. This is an amendment that she has proposed to prevent that from happening and still insure that the person has the right to the use of their property. She said that this does not tie us into buying the property if we don’t want to. We can say no and she can do as she pleases.
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Chair Simpson said that it is a good amendment and it was his understanding that this amendment had been discussed with the prospective bidder.
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The Bidder said that it had been discussed but the term had been one (1) year but she was agreeable to the two (2) year term.
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Councilor Lymburner said that the Manager has spoken with her.
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VOTE ON AMENDMENT: 5 Yeas – 2 Nays, Christy, Pomerleau
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Chair Simpson asked for discussion on the main motion as amended.
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Paul Hunt a Portland Water District Representative, said that he was in total agreement with his earlier comment about there being a lot of contention between the Distinct and the Town in recent years about land issues. He said that there have also have been some successes. He for example if you drive down to the end of Maple Street there are improvements for stormwater, erosion and sediment control as well as to benefit the public – that was a co-operative effort between the Town and the District, so it can be done. He said that the District’s intention for the property that is being auctioned now, was to return it to a natural state. He said that the District is willing on this property to include in that process of re-vegetating it, leaving some parking spaces there so people could park there and
access the village. They could plant trees, put benches, things that are similar to what was done at the end of Maple Street. He said that he recognized that was not stated in the bid but he wanted that to be known because it can be done. He said that the District and the Town could work together.
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Councilor Pomerleau said how about keeping it on the tax record too? He said that everything that you buy you take off the tax base.
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Town Manager, Gordon Billington explained what happens is that they will remove the dwellings and the taxable value would only be on a vacant lot. The taxable value will be greatly decreased as it has with many of the properties on Maple Street.
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Councilor Pomerleau asked what the tax was on that building now?
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Gordon Billington said that information was not available at this time.
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Councilor Lymburner asked where the benches were on Maple Street?
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Mr. Hunt said that that is a small area. There is one granite bench where the buffer plantings are on the other side of the fence.
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Councilor Nesbitt asked if the Manager could take them through the bid process as far as the notification. He said that he was looking at the letter from Mr. Herrick. What is the timetable? Where is it advertised?
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Gordon Billington said that it is advertised in the Portland Press Herald and other local papers. Which we did in this case for two weeks running and we gave people a month to respond. In the notification that we direct people to pick a request for proposal (RFP) here at Town Hall. He said that we had a dozen copies that were quickly picked up and made additional copies. There was quite a bit of interest in the based on the number of calls and number of copies that were picked up. There seemed to be fairly wide spread notification.
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Councilor Pomerleau said that he would not support the order. He said that he would like to see this tabled because he didn’t understand how we can have a commercial piece of property in the village center and get only two people to bid on it. He said that he does thirty auctions a year and at everyone there are fifty people wanting to bid on the properties, plus they have to put an amount down to make a bid. He said that here we have a commercial piece of property and only have two people bid and there is a difference of $30,000 between the bids. He said that we wanted to spite ourselves and take the low bid. He said that bothers him because the $31,000 difference would take us thirty years to make it up in taxes. He went on to say the it is a village property and maybe we want to keep it, maybe we want
to tear the building down and put in a park. He said he thought that we have jumped ahead way too quickly on getting rid of this property. He said that he agreed with Mr. Orr. We need to get people aware that we are selling this. He said that he would like to have a sign down there. He said that we got a letter from a guy that wants to buy it but he hadn’t seen the notice in the back page of the paper. He said that we’ve jumped the gun here and this will cost us a lot of money. He said that he didn’t like the idea of selling it for $64,000 when we received a $95,000 bid and they are willing to put parking in there. He said that he though that there were way too many questions that have not been answered and why we only got two bidders on a commercial piece of property in the Town of Standish blows his mind. He said that he would ask to table this later on.
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Councilor Christy asked with the renovations in Sebago Lake Station could this property be used in the plan?
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Chair Simpson asked if the renovations he was talking about were rebuilding of Route 114?
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Councilor Christy said yes. Could it be useful in the rebuild down there?
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Chair Simpson said that the Finance Committee did not discuss how that would enhance the rebuild of Route 114. He said to them it was a piece of property that is in disrepair. There has been one arson down there, it’s been boarded up, and the building is in terrible shape and it is a safety hazard. He said that it is a real liability on us right now because of the condition of the building not the ground. He said if you remember we had two choices, we could have cleaned it up ourselves and tried to sell it or make somebody else clean it up. He said that we knew that we if we spent the money and cleaned it up we might get more on a bid but we decided to just put it out to bid “as is” “where is”.
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Councilor Nesbitt said that he had mentioned this in the Finance Committee meeting and wanted it part of the public record. He said that part of the concern is that we are talking about a village center and if the future of the Sebago Lake Village area from village development has to be taken into consideration. He said that he was not happy with what should be a good commercial property be used as a private residence. He said that has more intrinsic value than an open space, if the Town has no use for it at all. He said that there may be some value in tabling this to see if there can be some clarification on one bid.
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Councilor Lymburner said that she had a problem going out to bid after we have opened peoples bids and it is known what people have bid. She said that now we are going to table and maybe go back out to bid again? She said that she though that was very unfair to the people that have already bid, you just don’t do that type of thing—allow people to know what has been bid and then allow people to re-bid. She said that the Council approved the order that we go out to bid, we followed the bid process. She said that she agreed Councilor Pomerleau that we should do something about the bid process. She said that she liked his suggestion about putting a big sign on the property. She said that is why she would like it discussed in workshop where we can brainstorm for ideas. She said that we are not losing
money here. We are getting the taxes plus and we are getting a property taken care of that needs to be.
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VOTE ON ORDER AS AMENDED: 7 Yeas- 0 Nays
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36-04 Terminate Payment Plan and Authorize Finance Director to Sell Tax Acquired Property [Simpson]
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Chair Simpson said that this account has been outstanding since he came on the Council. He said that we have entered into several payment plans with these people only to have them ignore the plan. The mortgagee has never came forward to pay the delinquent taxes, however, the mortagee has been notified of such. He said that most lenders would have paid and then work out a payment plan with the mortgagor. He said that they felt that enough time has gone by and the account just gets bigger and bigger, it’s time to take some action on it.
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Councilor Lymburner questioned the last paragraph where it says the Finance Director is authorized to solicit bids, does that mean there will be another order before it goes out to bid?
She went on to say that based on the discussion about the last property and if we want to look at property in Sebago Lake Village and attach conditions to the sale, such as it will be sold for commercial use or so forth. She said that we need to bring it back or talk about it now.
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Chair Simpson said that it says that the Town Council will then authorize the Finance Director to solicit bids for the sale of the building. He said that these are definitely commercial buildings.
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Councilor Lymburner asked if it would come back to the Council to authorize?
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Chair Simpson said that it was his opinion that it would come back.
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Gordy Billington said that this authorizes the sale. He said that he Council would ultimately approve that sale. He said that he has heard the comments tonight that you would like to look at the process. He said that an amendment should be made saying in accordance with an RFP approved by the Council.
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Moved by Lymburner Seconded by Hopkins and Voted to amend the order as shown below.
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FURTHER ORDERED that if non-conformance by the former owner occurs with the above Council Order, the Town Council will then authorize the Finance Director to solicit bids in accordance with an RFP that will be approved by the Town Council for the sale of the land and buildings located at 20 Fort Hill Road, Map 40 Lot 33, in accordance with Sec 203M of the Standish Town Charter and Sections 70-5 and 70-6 of the Town Code.
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VOTE ON AMENDMENT: 7 Yeas – 0 Nays
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VOTE ON ORDER AS AMENDED: 7 Yeas – 0 Nays
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37-04 Amendment to Town of Standish Personnel Policy [Hopkins]
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Councilor Hopkins explained this came out of the Personnel Committee’s Meeting with the employees. She said this was brought to the Committees attention that the 457 Plan could be provided to the employees at no cost to the Town. This will allow them to add more money to their retirement plan than they could under the current 401 plan.
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VOTE: 7 Yeas – 0 Nays
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PUBLIC ITEMS
Councilor Pomerleau asked if a business rents out part of their building does that have to go before the Town for approval.
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Gordon Billington said only it there is a change in use.
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Several upcoming meetings were announced.
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The upcoming EMS/Fire Banquet was announced.
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EXECUTIVE SESSION (S)
Moved by Hopkins Seconded by Lymburner to move into Executive Sessions to discuss a personnel and real estate matters. The Council arose from Executive Session by unanimous consent at 10:40 pm and the meeting was adjourned.
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Submitted by: _______________________
Clerk/Secretary
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