DRAFT—MINUTES ARE NOT OFFICIAL UNTIL APPROVED BY TOWN COUNCIL--DRAFT
MINUTES
TOWN COUNCIL MEETING
STANDISH, MAINE
TUESDAY, MAY 11, 2004 - MUNICIPAL CENTER 7:00 PM
CALL TO ORDER
The meeting was called to order by Chair Simpson and the Pledge of Allegiance was recited.
ROLL CALL
Councilors present: Christy, Hopkins, Lymburner, Nesbitt, Pomerleau, Simpson and Spencer.
MINUTES OF PREVIOUS MEETING (S)
The minutes from the April 13, April 21, May 3 and May 6, 2004 meetings were accepted by unanimous consent.
PETITIONS AND COMMUNICATIONS
Town Manager explained that the Council was in receipt of the Budget Committees recommendation document. He said that it was a in-depth process that they went through and the document has been submitted and will be turned over to the Council this weekend. This will be placed on the town web site to be viewed.
REPORT OF THE TOWN MANAGER
Mr. Billington spoke on the following:
Assessor – Peter Arnemann has been visiting with civic organizations and home owners associations to answer questions about the revaluation. On the 10th of July he is scheduled to meet with the Whites Point Association. If there are any other groups that would like Peter to be available for a question and answer session, you can call him at call at 642-4572.
From Recreation – Planning is underway for the summer Family Festival – set your calendar for August 6 and 7. A new feature this year will be a return of the parade. The exact route has not yet been finalized but early plans call for a route from near Standish Corners to Sebago Lake Village. For more information or to participate, contact the Rec Department, the Public Safety Department or Representative Gary Moore. Seniors – watch for a new issue of the Seniors’ Newsletter in your mailbox this week or next. If you don’t find one, contact the Recreation Department.
As a reminder, the second installment of the property tax is due by the 15th. Since the 15th falls on a Saturday, Monday the 17th will be the last day to submit without incurring a penalty. Election Day is Tuesday the 8th of June and Town Meeting will be Saturday, June 12th.
For Planning Board applicants, I’ve been advised the Board has changed the way they conduct workshops. They plan to hold only one workshop monthly for the summer season beginning t his month. It will be held on the second Monday of each month from 7:00 PM to 10:00 PM. They plan to limit the agenda to three applicants per meeting with no more than one hour per applicant.
Public Safety is developing a fire prevention program in conjunction with Southern Maine Community College to be aired on the public access channel. As many of you know we have three live-in student firefighter/EMTs. The program has worked very well in providing the town with expanded coverage. One of those students graduates this summer but will remain in the area and stay active with us. Another will stay for the summer and help at the boat ramp, and the third will return in the fall.
Boundary Road reconstruction is complete except for shoulder work today and tomorrow and some minor ditching and associated grading that we will do. Street lining will be done in June. Street sweepings are about complete. For planning, Cape Road grinding should begin in June.
Sebago Lake Watershed Symposium – May 19th Wednesday – 12:00 noon to 4:30 PM at St. Joseph’s College.
Mr. Billington introduced Chief Joyce from the Cumberland County Sheriff’s Office will provide the Department Head presentation.
Chief Joyce introduced Capitan Rhodes and then presented a PowerPoint presentation highlighting the Sheriff’s Department services that are provided to the Town under the contract. He explained advances that have been made by having commuters in the cruisers. He noted that they would like to continue with the Citizens Police Academy program which was funded through grant monies. Chief Joyce encouraged residents to call him with any concerns because they cannot correct problems that they are not aware of.
Councilor Lymburner asked if we have 24-hour coverage in Standish?
Chief Joyce said yes you do.
Councilor Lymburner asked when new cruisers are purchased are the computers transferred to the new cruisers?
Chief Joyce said that they were unless it breaks down and is not repairable. He said that they are now two to three years old and are very durable.
Councilor Lymburner questioned the increase in their health care costs. She said that it was a high increase and wondered why there was such a big jump.
Chief Joyce said that the increases were across the board due to the union using their own insurance. He said that is mostly the people cost that has caused it to rise.
Chair Simpson asked if they were having problems with 911 communications.
Chief Joyce said that communications was a separate entity from the Sheriff’s Department so he would tread out there very un-officially. He said that the way 911 is set up, when a call is received from a cell phone all those calls go to the State Police. Then they transfer it to the dispatch center.
Councilor Nesbitt questioned the future need for an additional deputy assigned to Standish and the costs involved.
Chief Joyce said that in today’s money with startup costs for equipment you would be looking at $85,000 to $100,000 for the first year. Then it would drop down to the people costs.
Councilor Pomerleau questioned the use of Standish cruisers out of town. It that still being done and how the cost of fuel is controlled. He thought that a study was to be done regarding this issue.
Chief Joyce said that he was not sure if the study was completed. He explained the procedure of when Deputies use vehicles out of area and the fueling procedures.
Councilor Pomerleau said that putting the computers in the cruisers was probably the best investment that the town has made. He said that it keeps the cruisers on the road and visible.
Chief Joyce said that the computers are equipped with a composite program so sketches of subjects can be done in the car.
Councilor Lymburner questioned the process with the Budget Committee.
Chair Simpson said that it will be on the June agenda.
Councilor Lymburner asked if the Council does not override the Budget Committee’s recommendation then we have to set up a meeting. Does this time frame allow for that meeting and allow for the warrant for the Town Meeting?
The Clerk said that the warrant should be prepared for the June meeting.
Chair Simpson said that there may be a special meeting with them to go over their budget.
Councilor Hopkins said that we will talk about the budget at workshop. She said that we will walk through the packet and be able to ask questions.
Councilor Lymburner said that on June 1st if we do not override the Budget Committee’s recommendations then we have to set a joint meeting and then a revote. She said she didn’t know how that could be done and ready for the Town Meeting. She said that she would like to suggest that we call a Special Meeting with the workshop to vote on it then?
Chair Simpson said that we are thinking about that or having a Special Meeting just for the budget.
Chair Simpson then thanked the Sheriff Department personnel.
PUBLIC HEARINGS
June 8, 2004 Municipal Referendum Question Informational Public Hearing
The Clerk explained that the voters would be presented with a referendum question to purchase a fire pumper truck. The total cost would be $360,000. The funds would be as follows,
$185,000 to be bonded and $175,000 to be taken from reserves.
After a Public Hearing without Council or public discussion the hearing was closed.
67-04 Applications for Victualer License Renewals [Simpson]
Moved by Spencer Seconded by Lymburner to dispense with the reading of the order. (Unanimous)
Councilor Lymburner questioned the Health inspections and the fact that one application had not been returned.
The Clerk said that the Health Officers inspection fell under the Fire Department memo.
Chair Simpson said that the application can still be accepted under the terms of the order.
After a Public Hearing without additional Council or public discussion the above noted applications were approved and the hearing was closed.
VOTE: 7 Yeas – 0 Nays
68-04 Application for Renewal of Bottle Club License – Patricia M. and Gerard P. Giguere dba Wildwood Function Center [Simpson]
After a Public Hearing without Council or public discussion the above noted application was approved and the hearing was closed.
VOTE: 7 Yeas – 0 Nays
COMMITTEE REPORTS
Councilor Nesbitt explained that the Town will be hosting a symposium on stewardship of Sebago Lake our regional treasure. It is being sponsored by the Town of Standish, Windham/Sebago Lake Chamber of Commerce, St. Joseph’s College and Reprehensive Gary Moore. It will be held on May 19 at St. Joseph’s College beginning at 12:15 pm through the afternoon. The purpose of the symposium is to give all of the stakeholders a opportunity to discuss activities and action plans regarding the development of multi-uses of the lake. Invitees vary from state officials that serve the area, businesses and residents. It is a public meeting open to the public. The program is to offer information on use of the lake. Representative Donald Berry will be the moderator for the program, Commissioner Jack Cashman for
the Department of Economic and Community Tourism will talk about tourism and the stewardship of Sebago Lake. Representatives from the Department of Inland Fisheries will be there. Portland Water District will present a program on shore land management. The wrap-up speakers are Representatives from the environmental Protection Agency in Washington. They will talk about the Clean Water Act.
Town Manager, Gordon Billington said that this will be an exciting opportunity for those who really enjoy the lake to come out and hear what the experts have to say. Not only to protect the lake but to enjoy it.
Councilor Pomerleau explained that Capital Improvements met last week to discuss various projects. He said that the Boundary Road Project had received the base coat and the paving will be completed next year. The River Road was discussed because there are some deficiencies that need to be corrected. The contractor will fix twenty-four sections. The highway pickup truck was discussed and there is an order regarding that on the agenda. That will be perhaps will put back out for sale in the fall. He said that the salt/storage shed work will begin after the vacation schedule.
Councilor Nesbitt noted that the Public Safety Committee held a successful road rage program that was attended by approximately 320 students. An additional program was held at the Gray-New Gloucester High School. First Technology and Hannaford were sponsors of the event.
Chair Simpson said the finances of the Town are in good shape. Taxes are coming in so we did not have to go out on a Tax Anticipated Note. He said that General Assistance accounts may be over drawn but that is allowed by law. He said that there may be another one which is Solid Waste.
CONSENT CALENDAR
69-04 Approve Warrant for MSAD # 6 Budget Referendum Election to be held June 8, 2004 [Simpson]
70-04 Establish Opening Time of Polls on Notice of State Primary and Referendum Elections [Simpson]
71-04 Change Date of Regular Council Meeting in June [Simpson]
VOTE ON CONSENT ORDERS: 7 Yeas – 0 Nays
UNFINISHED BUSINESS
48-04 Order to Establish a Process for Town Council’s Replacement of Members on the Comprehensive Planning Update Committee (Tabled 4/13/04) [Lymburner]
Moved by Hopkins Seconded by Christy to take this item off the table. (Unanimous)
Councilor Lymburner explained that this had been discussed at workshop and had hoped that Chair or Vice Chair would be able to discuss this.
Councilor Nesbitt asked if we have any feedback?
Councilor Lymburner said that they have started to call some members who had not been attending. She thought that they would need another month to see if the process was working.
Moved by Hopkins Seconded by Spencer and Voted to table this until next month. (Unanimous)
50-04 Amendment to Standish Town Code, Chapter 263, Vehicles and Traffic (First Reading) [Spencer]
Moved by Spencer Seconded by Christy and Voted to dispense with the reading of the order. (Unanimous)
Councilor Spencer said that he was having a problem with this order. This has gone to the Public Safety Committee but has never gone to the Ordinance Committee. He said that he was not sure it was on the agenda because the meetings had been cancelled.
Moved by Lymburner Seconded by Pomerleau to send this to the Ordinance Committee. (Unanimous)
Councilor Lymburner said that as a member of the Ordinance Committee she spoke to this issue last month. She said that she recalled this issue being forwarded from the Council to the Public Safety Committee. The Public Safety Committee moved it to the Ordinance Committee. She said that she serves on both committees and thought that it had been discussed in Ordinance Committee and apologized for the confusion.
57-04 Authorization to Sell Tax Acquired Property (Tabled 4/13/04) [Simpson]
Moved by Spencer Seconded by Christy to remove to take this item off the table. (Unanimous)
Moved by Christy Seconded by Spencer to set aside Map 50 Lot 18 and Map 22 Lot 44. (Unanimous)
Chair Simpson said that leaves the other two that were recommended by the Finance Committee. He said that the Hale property is a landlocked piece and Doyle is cottage on Bog Alley.
Councilor Nesbitt asked if there had been any research on the right-of-way to the Hale property. He said that if there is a right-of-way that can be obtained it would increase the value of the property.
Gordon Billington said that would have to be researched before the sale. He said that it would be more valuable if there is access.
Councilor Christy asked if the Committee discussed access to this property.
Chair Simpson said that he was familiar with the property and it is landlocked. There is access off Route 114 for logging only.
Councilor Lymburner said that during the last discussion of this order she had brought up that in the past the Council received more backup material on this type of order. She said that in the future so they can base their decisions on the information.
Councilor Nesbitt said that he wanted to divide the order to separate the Hale property.
Moved by Nesbitt Seconded by Pomerleau to separate the Hale property out. (4 Yeas – 3 Nays, Christy, Simpson and Spencer)
Chair Simpson said that they would discuss the sale of the Doyle property.
Councilor Pomerleau said that he has no idea what is owed on this property, what the value is. He said if the guy owes $3,000 and the property is worth $80,000. He did agree that more information was needed to vote on these issues.
Councilor Christy said that he voted no because this name has been before us before for a number of issues. He said that it is a confusing issue.
Councilor Pomerleau asked if the property was in disrepair.
Chair Simpson said that the Finance Committee tried to contact the people and get them in payment plan. Sometimes people get in a plan and then ignore us or just plain ignore us. In all four of these properties that has been the case. He said that we have been unable to get Hale to accept the certified letters.
Councilor Pomerleau asked if Doyle was still alive. He went on to say that more information is needed to make a decision like this.
Chair Simpson said that in this case the garage is worth more than the cottage is. He said that this is the third year dealing with this property.
Councilor Christy agreed that more information needed to come from the Finance Department.
Gordon Billington said that the Doyle property has been abandoned as far as we can tell. We sent notification to the last known owner that we have taken possession of it. We have boarded the property up and posted it and are paying insurance on it. This one should be considered for sale since it has been abandoned.
Councilor Lymburner said that at workshop they had discussed the process that is used for selling property. She said that it was her understanding from that meeting that the Council came to the consensus that when we considered a property we would decide on a case by case basis. She said that she would like to see a policy on this and what will be done on this property.
Chair Simpson said that he came out of that meeting with the understanding that the Code is explicit on how we handle this type of sale. He take on the meeting was that it would be a Managers decision, if the property needed a sign on it or advertised then it would be done.
Councilor Lymburner said that the Code gives a minimum that needs to be done. She said then we will leave it up to the discretion of the manager.
Chair Simpson said that it was his opinion that it should be a Manager’s decision.
Councilor Lymburner said that she thought that we could get a better price if we put signs or advertise.
Chair Simpson said that we also discussed putting it out to auction or giving it to a real estate broker depending on the property.
Councilor Pomerleau said that this is one that needs additional sales advertising or through an auction company. He said that if it is a buildable lot someone could take down the cottage and replace it.
VOTE TO SELL DOYLE PROPERTY: 6 Yeas – 1 Nay, Lymburner
Chair Simpson said that they will now take Map 50 Lot 18 – Cohen.
Mr. Cohen explained that he had fallen upon hard times. He wanted to apologize for not paying his taxes on time. He said that things are turning around and would like the opportunity to pay the taxes. He explained that he had a bank check in the amount of $9862.77. He said that future taxes will be paid since he has set up an escrow account for them.
Chair Simpson said that he would like to offer present a substitute order 57-04A to authorized the sale.
Moved by Christy Seconded by Spencer to add the substitute order number 57-04A to the agenda. (Unanimous)
VOTE: 7 Yeas – 0 Nays
Chair Simpson said that he apologized for him being in this position. He then gave the check to the Clerk.
Chair Simpson said that the next item was Hale.
Councilor Nesbitt said that this needs to be further explored to get additional information.
Councilor Spencer said that this is as is where is. He said that it is not the Town’s job to get the right-of-way.
Councilor Nesbitt said that we don’t have to find a right-of-way but we should maximize the return for the taxpayers.
Councilor Christy said that we are not in the business of owning land we try to return it to the tax rolls. He said that this property is best used to get rid of it.
Councilor Spencer said that we need to get the tax money back and if we make some on it that’s fine.
Councilor Hopkins said that for a general comment we need the information about the sales options before we vote on this type of issue.
Moved by Nesbitt Seconded by Lymburner to Table this until the June meeting. (4 Yeas – 0 Nays Christy, Simpson and Spencer)
Chair Simpson said that the next item it the Pratt property Map 22 Lot 44.
Moved by Christy Seconded by Hopkins to add the substitute order number 57-04B to the agenda. (Unanimous)
Chair Simpson said that this is a seasonal property that has come before us before. If she fails to fulfill her commitments on the payment plan it will be sold.
Councilor Spencer said that they owe $3,700 in back taxes, how many plans had they reneged on?
Chair Simpson said at least three. He said that she is trying to get it financed but she is having difficulties because she does not have a right-of-way.
Councilor Spencer said as a member of the Finance Committee he has heard just about every excuse, these people have reneged on other plans – enough is enough.
Councilor Nesbit said that there is money being held and if the person follows through it will paid by the end of the season.
VOTE: 7 Yeas – 1 Nay, Spencer
NEW BUSINESS
65-04 Accept Resignation of Finance Director [Simpson]
VOTE: 7 Yeas – 0 Nays
66-04 Town Council Appointment – Acting Treasurer and Designate Authority to Countersign Checks over $5,000 [Simpson]
VOTE: 7 Yeas – 0 Nays
72- 04 Resolution Accepting Roadway Planning Committee’s Concept Regarding Rangeways in Standish [Christy]
Councilor Christy questioned of this should be amended to it will get proper public hearing.
Chair Simpson said that it was his opinion that it was covered in the resolution. He explained that legal council has said that the lines have to be perambulated.
Councilor Lymburner said that we are accepting the concept, is the concept just these few sentences?
Chair Simpson said that the report was at the last Council meeting.
VOTE: 7 Yeas – 0 Nays
Moved by Christy and Seconded by Spencer to take orders 82-04 and 83-04 out of order.
Councilor Pomerleau said that Mr. Regan was in the audience and his information would be taken up in the next order.
Moved by Christy Seconded by Hopkins to withdraw the motion. (Unanimous)
73-04 Authorize Consent Agreement – Regan – Map 73 Lot 06 [Simpson]
Moved by Hopkins Seconded by Christy to assess a fine of $50. (Unanimous)
VOTE ON ORDER AS AMENDED: 7 Yeas – 0 Nays
Moved Seconded and Voted to take a five-minute recess. (Unanimous)
Moved by Spencer Seconded by Christy to take to take orders 82-04 and 83-04 out of order. (Unanimous)
82-04 Receive Community Building Study Group Report [Pomerleau]
Councilor Pomerleau said that the Committee has done a great job.
The Chair of the Committee, Paul Mosley, read the report a copy of which is on file at the Town Hall.
VOTE: 7 Yeas - 0 Nays
83-04 Town Council Appointment of Community Building Development and Planning Committee [Simpson]
VOTE: 7 Yeas – 0 Nays
74-04 Authorize Payment Plan – Steele – Map 33 – Lot 37 -7 [Simpson]
Moved by Spencer Seconded by Christy to waive the reading of the order. (Unanimous)
Chair Simpson said that this has the recommendation of the Finance Committee and we already have a substantial amount that we are holding on this account.
VOTE: 7 Yeas – 0 Nays
75-04 Authorize Grant Application to Maine Library of Geographic Information Board [Pomerleau]
Moved by Spencer Seconded by Christy to waive the reading of the order. (Unanimous)
VOTE: 7 Yeas – 0 Nays
76-04 Transfer Impact Fee Reserve Account Funds to Capital Account-Road Improvements (0630-2608) for Improvements on Boundary Road and Extend Dearborn Brothers Contract [Pomerleau]
This will be used to build some low areas on Boundary Road
VOTE: 7 yeas – 0 Nays
77-04 Transfer Impact Fee Reserve Account Funds to Capital Account-Road Improvements (0630-2608) for Improvements on Milt Brown Road [Pomerleau]
VOTE: 7 yeas – 0 Nays
78-04 Remove from For Sale Surplus Highway Pickup Truck [Pomerleau]
Councilor Pomerleau said that we have tried to sell this truck but have been unable to do so. We will put it back into service until this fall.
Chair Simpson said that he would like to see this back out for sale in the fall.
VOTE: 7 Yeas – 0 Nays
79-04 Reduce Performance Guaranty – Chase Custom Homes – Prouty Drive [Simpson]
Roger Mosley explained that the base pavement is down, he said that there are some issues that require holding back some funds.
Moved by Christy Seconded Spencer by and Voted to amend the order by adding the amount of $113,476. (Unanimous)
VOTE ON ORDER AS AMENDED: 7 Yeas – 0 Nays
80-04 Utility Location Permit – Fair Point New England – Milt Brown Road [Simpson]
Moved by Spencer Seconded by Christy and Voted to waive the reading of the order. (Unanimous)
VOTE: 7 Yeas – 0 Nays
81-04 Authorize Standish Lions Club to Hold Charity toll on Moody Road [Simpson]
Moved by Spencer Seconded by Lymburner and Voted to waive the reading of the order. (Unanimous)
VOTE: 7 Yeas – 0 Nays
Moved by Spencer Seconded by Christy and Voted to add the following order to the agenda. (Unanimous)
84-04 Utility Location Permit – Fair Point New England – Milt Brown Road [Simpson]
Moved by Spencer Seconded by Christy and Voted to waive the reading of the order. (Unanimous)
VOTE: 7 Yeas – 0 Nays
PUBLIC ITEMS
Bill McAuliffe a resident of Highland Road said that he has seen major changes in the thirty years that he has lived in town. He said that that this building and the Council are evidence of that. He said that we have a Council that can disagree but work together. He said that the Town Council referred budget to who has the right to review and form its own conclusions. He said he was confused when the Chair of the Budget Committee opened the hearings before any questions had been asked meetings stating he intended to enforce a particular ideology which would reduce the towns spending by a certain percent. He said that it was not unexpected that the entire hearing was a reduction to the budget as preferred by the Town Council at that percentage level. That is not budget formation is about, it is a
give and take where you look at expenditures. He said that he would urge the Council to reinstate the Charter required super majority vote to reinstate the Council budget. That was a reasonable budget and part of the improvement of the Town has been the improvement of the position of the employees they are entitled to benefits stated in that budget.
Will Orr of Kerri Farms Road said that he didn’t know meeting Mr. McAuliffe was at because he attended all the meetings. Mr. Orr said that he attended all the Budget Meeting and didn’t hear anything like that. He then asked how these committees get formed. What makes the Community Building Committee arrive?
Chair Simpson said by order.
Louis Stack of White’s Bridge Road said that he was the Chair of the Budget Committee. He said that he did not come into the budget process with a personal agenda. He said that they met several times and many ideas were generated. He said that he did not say that they were reducing the budget by a certain percent. He said that all meetings were open to the public.
Bill McAuliffe asked that the Budget Committee’s meetings be replayed. They are self evident.
Councilor Christy reminded them that they had given an individual until May 15 to get an issue cleared up.
ANNOUNCEMENTS
Several upcoming meetings were announced.
EXECUTIVE SESSION (S)
A motion may be made to go into executive session at any time during the meeting in accordance with state law to discuss, personnel, real estate, labor negotiations, or legal matters.
ADJOURN
Moved Seconded and Voted to Adjourn. The meeting adjourned by unanimous consent at 10:15 pm.
Submitted by: _________________
Clerk/Secretary
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