DRAFT—MINUTES ARE NOT OFFICIAL UNTIL
APPROVED BY THE TOWN COUNCIL --DRAFT
MINUTES
TOWN COUNCIL MEETING
STANDISH, MAINE
TUESDAY, JUNE 1, 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, Nesbitt, Pomerleau, Simpson and Spencer. Councilor Lymburner was excused.
MINUTES OF PREVIOUS MEETING (S)
Moved by Hopkins Seconded by Christy to accept the minutes from the May 11TH and 25th meetings as presented. (Unanimous)
PETITIONS AND COMMUNICATIONS
There were no items this meeting.
REPORT OF THE TOWN MANAGER
Mr. Billington spoke on the following:
Public Safety – There has been extensive safety education this past year on the “Click-it to avoid a ticket” campaign to promote Maine’s seat belt law. Now the campaign enters the enforcement period. Maine’s Bureau of Public Safety provided funding this past week end to local law enforcement agencies for a one-day enforcement event this past Sunday. There will be more enforcement events during the summer. The violation brings a $62.50 fine.
Engine 3, the piece of apparatus that is proposed for replacement this year, has been taken off the front line response. We did have problems with it during the church fire and as a result Tank 3 will be the primary response vehicle for that District.
The Boat Launch had a brisk weekend despite the windy conditions on Saturday and Sunday. There were 85 launches this weekend.
Recreation – The Warner Bros Circus did come to Town on the 31st. The first show was sold to capacity. Some circus buffs were pleased with the event; however, there were some critics who voiced concern over treatment of animals used in the acts.
There are two trips coming up for adults and seniors. The first will be to the Castle in the Clouds in New Hampshire on June 16. The second will be to the quilt festival at Norwich College in Vermont on the 10th of July. For more information call the Recreation Department at 642-2875.
Summer recreation registrations wrap up on Friday. The summer staff has been hired. Their orientation will occur on the 17th, set-up for summer camp will happen on the 18th and summer recreation begins on the 21st.
Applications for the position of Finance Director are being accepted through this Friday, June 4th.
Public Works is accepting applications now for a driver operator. The position closes out this Thursday, June 3rd at 2:00 PM.
PUBLIC HEARINGS
There were no items this meeting.
COMMITTEE REPORTS
There were reports at this meeting.
CONSENT CALENDAR
There were no items this meeting.
UNFINISHED BUSINESS
48-04 Order to Establish a Process for Town Council’s Replacement of Members on the Comprehensive Planning Update Committee (Tabled 5/11/04) [Lymburner]
This item remained on the table.
57-04 Authorization to Sell Tax Acquired Property (Tabled 5/11/04) [Simpson]
Moved by Spencer Seconded by Christy to remove this item from the table. (Unanimous)
Chair Simpson explained that this was tabled pending the Town Manager investigating right-of-way options to the property. He said that you have the report of the town’s counsel regarding this property title search.
Councilor Nesbitt said that there may be potential for a right-of -way to the property if we received DEP approval. He asked if there had been any contact with the DEP to get the approval.
Chair Simpson said that he would defer that to the Manager but it was his understanding that the DEP approval would be over our landfill which is under restrictions on what can be done.
Gordon Billington read from the deed affidavit which requires that the post closure of the property must never disturb the integrity of the final coverage of the landfill without prior written DEP approval. He said that the purpose behind that is to always protect the potentially hazardous materials that may be located in the landfill. He said that for the public’s information the Town owns property that abuts the Hale property that land is almost completely taken up by the Town former landfill. The Town’s attorney looked at right-of-way options pointed out that the Town if it received the authority from the DEP it could grant a right-of-way. Mr. Billington said that it was his opinion that the DEP would not give the approval, although they had not been approached.
Roger Mosley said what we have for frontage on the Moody Road would not allow any opening because it is all the closed landfill. The land we own is all part of the closed landfill.
Councilor Pomerleau asked would the Hale property be something we would want for hiking trails.
Chair Simpson said that we would have the same problem we would have to obtain DEP approval to cross the capped landfill.
Roger Mosley said that the landfill closure prohibits all traffic on the area.
VOTE: 6 Yeas – 0 Nays
NEW BUSINESS
85-04 Waive Home Occupation Application Fee for WJZF Radio Station [Simpson]
Moved by Spencer Seconded by Pomerleau to waive the reading of the order. (Unanimous)
David Patterson explained to the Council that they had been at this project for about four years as of this past December. The station has gone through many complications imposed by various agencies but finally put in an amended application and they were granted a construction permit. That gives them 18 months to get the station on the air. He explained that process involved moving the tower, obtaining the equipment and wattage requirements. He said that he wanted to go on record to extend to all civic and non-profit groups free air time. He said that is the purpose of low power community stations. He said that in addition to community programming they want to make air time available to groups such as helping organizations, public service spots that promote community values, family values and human
values, he said that’s what they are all about. The station will air smooth jazz format including specialty programs such as blue grass, blues and old time radio shows on Saturday evenings. There will be a community focus that will highlight various community groups. He noted the personnel that would be at the station on a volunteer basis.
Councilor Pomerleau asked if the tower would be lit.
Mr. Patterson said that is not required by the FCC on a tower of that height.
Councilor Pomerleau asked if it would interfere with the TV or other radio stations.
Mr. Patterson said that it would not.
VOTE: 6 Yeas -0 Nays
86-04 Approve Street Opening Permit for MSAD 6 Wastewater Treatment Facility [Pomerleau]
Moved by Spencer to waive the reading. (Motion failed-no second)
Councilor Pomerleau said that we normally wouldn’t do this but the order speaks for itself. He said that Roger Mosley will be monitoring the work.
VOTE: 6 Yeas – 0 Nays
87-04 Release Pine Tree Mobile Home Estate Escrow Account Funds [Simpson]
Chair Simpson asked if the approvals were in place.
The Clerk said that they were.
VOTE: 6 Yeas – 0 Nays
88-04 Call for Annual Town Meeting and Approve Warrant [Simpson]
Councilor Nesbitt asked if the Articles could be amended.
Chair Simpson said downward only.
Councilor Nesbitt said how about Article 27 and 28?
Chair Simpson said that is a good question.
Gordon Billington explained that earlier this year there was an order passed Article 27 to the warrant. Article 28 would allow you to the same thing next year as you did this year-of selling tax acquired property if you so choose.
Chair Simpson asked what was the purpose of the amendment?
Councilor Nesbitt said that this is open ended with tax acquired property and it could be a substantial amount based on the previous order. He said that it should go into dedicated fund that could be used for capital expenditures or debt reduction. He said that the monies that are going in there are one time sales and the Council has the responsibility to set priorities, needs and justifications. He said that his personal preference is to limit the expenditure of those to capital improvements or debt reduction and not have it open ended. He said that he proposal would have any expenditures from this fund having to be approved by the voters. He said that it could go through the budget process or if special needs come up such as RWS fees a Special Meeting could be held. The way it is now it is too
open ended. He said that the way it is written it takes too much away from the people.
Chair Simpson said that he would rule that you cannot change Article 27 because it was passed by the Council. He said that Article 28 would be open for amendments.
William Orr said that he agreed with Mr. Nesbitt that both those Articles should be removed. He said that number 28 has the possibility of violating the Charter. He said the warrant is for people to approve known expenditures.
Councilor Hopkins asked where did Article 28 come from? Has this been a standard Article.
Gordon Billington said that it was drafted by the Town’s attorney at his request to give an article similar to Article 27 so if the Council wanted it for next year. It is the Councils choice it can be deleted.
Councilor Hopkins said if we don’t have Article 28 what happens if we sell property? Does it go into undedicated reserves and we can decide what to do next year?
Gordon Billington said that you can choose to do whatever you like.
Councilor Hopkins said id something came up such as RWS we could have a Special Town Meeting to allocate those funds.
Councilor Christy asked when we have tax acquired property now what account does that money go into now.
Chair Simpson said ‘sale of property’ line item.
Moved by Hopkins Seconded by Christy to remove Article 28 from the warrant.
Chair Simpson said that he had mixed emotions on that. If the Town votes to put a property out to sale his opinion is that we should put that into a dedicated reserve account not into the undedicated reserve. Once it’s in there – it’s there. You don’t pull it out and put in a dedicated account at that time. That is his concern. He said if we sell some land he would like to see the money go into a dedicated fund authorized by the people at town meeting so they could have a choice to purchase an asset by the sale of an asset. When you sell an asset and put it just into cash then you loose the ability to put the cash into an asset.
Councilor Hopkins said that she was a little confused because she thought that she had asked the question before the motion that the proceeds would go into the undesignated fund then if we needed funds for RWS or the community center then we could hold a Special Town Meeting to allocate those funds.
Chair Simpson said that was true, you can. He said that once you put monies into the undesignated fund then that can be used to help put the mil rate down or we can have a Special Town Meeting to remove funds from the undesignated fund. He said that it was his opinion that a sale of an asset should go into a asset dedicated fund.
Moved by Hopkins Seconded by Christy to remove Article 28 from the warrant. (3 Yeas – 3 Nays, Nesbitt, Spencer and Spencer)
Moved by Nesbitt Seconded by Hopkins and Voted to substitute the following: To see if the Town will vote to authorize the placement of the proceeds form tax acquired property sales during the July 1, 2004 to June 30, 2005, in a sale of tax acquired property fund dedicated for capital expenditures and/or debt reduction, with said disbursement from the funds to be approved by the voters at town meeting.
Councilor Nesbit said that it was his opinion that these monies should be in a dedicated fund where there is more focused use. This will force the Council to justify the expenditures plus give the public input in disbursement.
Chair Simpson asked that the amendment be read again. After the reading he said that this does the same thing as the original Article.
Councilor Nesbitt said that he didn’t like it being so open ended the way the current warrant reads.
Councilor Spencer asked if any money collected from the sale of property has to be spent within that year?
Councilor Nesbitt said that it would be carried forward.
Councilor Spencer said that nothing would happen until next year.
Councilor Nesbitt said that in a dedicated reserve there is no time limit of when you take it out.
Councilor Spencer said that maybe he was reading it wrong but doesn’t Article 28 make us use it in the next year?
Councilor Nesbitt said that it doesn’t but his amendment does not.
Chair Simpson said that the substitute creates dedicated fund for capital expenditures and debt reduction and that’s why we have the undedicated fund.
Councilor Nesbitt said that it was his opinion that the proceeds form the sale of tax acquired property should be used for one time expenditures or capital improvements or mil rate reductions. He said if you have it all in the dedicated reserve and you use enough of the reserve you are at a minimum level and a major expenditure comes forth then you’ll be caught. Whereas if you have this money which is not planned for, these monies give both the Council and the resident a chance to cover some of those unexpected or capital plan, but its monies that you are not planning on.
Councilor Spencer said that right now we have a pickup and soon we’ll have a cruiser that we are planning on selling where will that money go?
Chair Simpson said that this amendment talks about tax acquired property. Those items are surplus property and those funds go into a revenue account.
VOTE ON AMENDMENT: 3 Yeas – 3 Nays (motion failed)
Moved by Nesbitt Seconded by Pomerleau and Voted to reconsider the previous vote on striking Article 28 from the warrant. (4 Yeas – 2 Nays, Simpson and Spender)
VOTE ON ORDER AS AMENDED: 6 Yeas – 0 Nays
89-04 Approval of the Renewal of Waste Hauler Licenses [Simpson]
Chair Simpson said that these are yearly renewals.
VOTE: 6 Yeas -0 Nays
90-04 Amendment to Standish Town Code, Administration of Government, Article XIV, § 3-51 Saco River Cable Committee Appointments and Chapter 115, Cable Television Franchising (Introduction) [Spencer]
Moved by Spencer Seconded Hopkins and Voted to the reading of the order. (Unanimous)
Councilor Spencer explained that this item needed some additional committee work.
Moved by Spencer Seconded by Nesbitt to recommit this order to the Ordinance Committee. (Unanimous)
91-04 Authorize Grandiflora Garden Club to Make Improvements at the WW II Memorial [Hopkins]
Councilor Hopkins explained that this was discussed at workshop last week and Mrs. Harris is here tonight to speak to the order. Councilor Hopkins said that at the workshop it was also discussed that the Town Council’s contingency funds had already been expended so there were no funds to allocate to this project. She explained that many Councilors were considering donating their Council salary to this cause.
Mr. Harris explained what improvements would be done to the memorial other donations that would be made by other local organizations. She thanked the Council for their support. Citizen donations can be sent to Mrs. Harris.
VOTE: 6 Yeas- 0 Nays
92-04 Amendment to Standish Town Code Chapter 3, Administration of Government, Article III, Town Council; and Article VI, Department of Finance (Introduction) [Spencer]
Moved by Spencer Seconded Hopkins and Voted to the reading of the order. (Unanimous)
Councilor Spencer explained that this order changes the time when Councilors must submit their yearly disclosure statement. In addition, it codifies the office procedure of applying payments to the oldest tax that is due.
Moved Seconded and voted to First Reading. (Unanimous)
93-04 Waive No Parking Restriction on Saco Road for Senior Last Assembly at Bonny Eagle High School [Simpson]
VOTE: 6 Yeas – 0 Nays
94-04 Town Council Appointments [Simpson]
William Orr noted that he didn’t think that these appointments should be voted on before town meeting.
VOTE: 6 Yeas – 0 Nays
95-04 Confirm Town Manager Appointments [Simpson
VOTE: 6 Yeas – 0 Nays
96-04 Confirm Town Clerk Appointment 0f Election Warden [Simpson]
VOTE: 6 Yeas – 0 Nays
PUBLIC ITEMS
Sue Orr asked why the signboard out front of the town hall wasn’t used more to notify persons of town events? She than asked when the May 25th Special Council Meeting would be televised.
Dave Perry said that it will start airing tomorrow.
Chair Simpson said that her point was well taken about the signboard.
Councilor Hopkins asked for an update of the status of the Route 113 and 25 intersections. She asked when the blinking light be installed? The second question how do members of the public or the Town Council get a traffic light installed there?
Gordon Billington said that the best way to do that would have the Council to pass an order requesting a traffic light. They do look at citizen petitions also.
Chair Simpson said that you State Representatives can help with that.
Councilor Hopkins said that there are sighting problems still when there is traffic going strait on Route 25 and traffic turning onto Route 113.
Councilor Nesbitt suggested that a meeting including all parties involved will help move the project.
ANNOUNCEMENTS
There were no announcements made.
EXECUTIVE SESSION (S)
There was not an executive session at this meeting,
ADJOURN
Moved by Christy Seconded Hopkins to adjourn. The meeting adjourned at by unanimous consent.
Submitted by: ______________________
Clerk/Secretary
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