Draft– Minutes are not Official until Approved by the Town Council—Draft
MINUTES
TOWN COUNCIL MEETING
STANDISH, MAINE
TUESDAY, JULY 13, 2004 - MUNICIPAL CENTER 7:00 PM
CALL TO ORDER
The meeting was called to order by Chair Christy.
ROLL CALL
Councilors present: Christy, Hopkins, Lymburner, Nesbitt, Simpson and Spencer. Councilor Pomerleau was excused.
Moved by Hopkins Seconded by Spencer to move into Executive Sessions for the discussion of a real estate and legal matters. (Unanimous)
It was announced that representatives from the State of Maine will be in attendance. Mr. Davies from the Governors Office, Ms Beardsley from the Drinking Water Program, Mr. Powell from the Department of Conservation and Representative Gary Moore.
Chair Christy said that the Executive Sessions will last approximately an hour.
Karin Tilberg from the Department of Conservation and Mr. Borgland from Inland Fisheries arrived for the Executive Sessions after they had started.
Moved Seconded and Voted to arise from the Executive Sessions. The Council arose from the Executive Sessions by unanimous consent at 8:05 pm by unanimous consent.
MINUTES OF PREVIOUS MEETING (S)
Moved by Spencer Seconded by Nesbitt to approve minutes from the June 1st, June 12th and June 22nd meetings. (Unanimous)
Chair Christy presented Council Simpson a plaque acknowledging his service and dedication as Council Chair in the past year.
Councilor Hopkins led the Pledge of Allegiance.
Chair Christy explained that that Town recently recognized by Greater Portland Council of Governments for the following three awards: Excellence in Regional Cooperation for the Mountain Trail; Excellence in Best Practices in Growth Management and Planning for the Sebago Lake Plan; Excellence in Innovative Planning for the Standish Village Roadway Plan. Chair Christy thanked the members of these committees for their efforts.
REPORT OF THE TOWN MANAGER
Town Manager, Gordy Billington introduced Peter Arnemann the Assessor who explained the re-valuation process and then introduced the Vision Appraisal personnel. The Vision Appraisal personnel presented a PowerPoint presentation that explained the whole revaluation process. They then answered questions from both the public and the Council. They explained the hearing process and the letter that will be sent to residents.
Councilor Hopkins asked Peter Arnemann when will residents know when the tax amount will be available.
Peter Arnemann said that once he reviews Visions numbers, the valuation number will be available about the same time. He said the tax information may be added to the Vision letter.
COMMITTEE REPORTS
Councilor Hopkins noted that the Standish members of the Portland Water District Steering Committee will meet Thursday, July 15 to discuss the Memorandum of Understanding.
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.
92-04 Amendment to Standish Town Code, Chapter 3, Administrative Code, Article III, Town Council and Article VI Department of Finance (First Reading) [Spencer]
Councilor Spencer explained the changes regarding the Council Disclosure and applying of tax payments.
Moved by Simpson Seconded by Hopkins to move this item to Public Hearing at the August meeting of the Council. (6 Yeas – Nays)
NEW BUSINESS
102-04 Reduce Performance Guaranty – Gilbert Homes– Wind Song Estates [Christy]
Moved by Hopkins Seconded by Lymburner to amend the order by adding the amount of $52,297.45 to the order. (Unanimous)
Councilor Lymburner questioned Roger regarding the difference between the amount that was requested and the amount that he was suggesting.
Roger Mosley said that their request included all of the erosion control since the site as just been seeded fifteen percent has been retained to make sure that the grass takes.
VOTE ON ORDER AS AMENDED: 6 Yeas – 0 Nays
103-04 Reduce Performance Guaranty –Chase Custom Homes - Prouty Drive [Christy]
Moved by Hopkins Seconded by Lymburner to amend the order by adding the amount of
$ 8,675.00 to the order. (Unanimous)
VOTE ON ORDER AS AMENDED: 6 Yeas – 0 Nays
104-04 Release Performance Guaranty – Van Hertel – Fair Wind I [Christy]
Councilor Lymburner questioned why there was not an amount noted in the order.
Roger Mosley said that the amount that we hold would now include interest and the principal and we do not know what that amount will be and we are releasing it in its entirety.
VOTE: 6 Yeas – 0 Nays
105-04 Road Acceptance – Peter Busque - Southridge III [Christy]
Moved by Spencer Seconded by Lymburner to take the next three orders collectively. (Unanimous)
VOTE ON ORDERS 105-04, 106-04 and 107-04: 0 Yeas – 6 Nays, Christy, Hopkins, Lymburner, Nesbitt, Simpson and Spencer
106-04 Road Acceptance – Peter Busque - Fair Wind II [Christy]
107-04 Road Acceptance – Peter Busque - Wildlands I [Christy]
108-04 Accept GPCOG’s paving Bid for FY 2005 Paving Projects [Pomerleau]
Gordon Billington explained that this was discussed at the Capital Improvements and the Town can use any of the three COG bids. He said that we do need the contract in place for the Cape Road project.
Councilor Lymburner asked if we had to approve something tonight?
Gordon Billington said that we do need to go forward with the Cape Road paving.
Councilor Lymburner said that she thought that Capital Improvements really hadn’t decided on the paving process.
Gordon Billington said that there were three bidders under the COG bid process. He said that one of those bidders were used by the Town but there were deficiencies with that road and the committee decided to wait. Those issues have been corrected. He noted that the discussion had indicated that the Committee would go with the another bidder.
Councilor Lymburner said that they hadn’t made a decision by if it had to be approved, it needs to be approved.
Councilor Spencer said that Roger Mosley had analyzed the bids, what company was his recommendation?
Roger Mosley said that F. R. Carroll was the choice.
Councilor Simpson asked if F. R. Carroll was the COG bid.
Gordon Billington said that there were three vendors approved under the COG bid and the Town can use any of the vendors included in the bid. He went on to say that they need to be contacted to assure that the Cape Road paving can be completed this year.
Louis Stack asked what roads will be paved this year?
Roger Mosley said Cape Road and a section of Milt Brown Road.
Louis Stack asked if these roads will come out of the bond?
Roger Mosley said that the Cape Road is but the Milt Brown Road is coming out of impact fees.
William Orr asked what was the aggregate amount of money being spent on this order?
Roger Mosley said approximate $350,000.
William Orr asked what were the two sources of the funds, could you break that down?
Roger Mosley said approximately $25,000 from impact fees.
William Orr asked how much is left in the $1,660,000 bond for road improvements?
Roger Mosley said that he didn’t know off the top
VOTE: 6 Yeas – 0 Nays
109-04 Amend Fee Schedule – Universal Waste Fees [Simpson]
Moved by Simpson Seconded by Lymburner to strike the words “ CRT(Computer monitors or televisions” and replace it with Monitors (17” 0r less) $15, Monitors (over 17”) $18, Televisions (non console) $15, and Console Televisions $25.
Councilor Simpson explained that the Town is backed into a situation because by 2006 everybody has to dispose of CRT’s in a special manner under law. Pine Tree Waste does not take these items and over a ten week period we spent $3,000 in disposal fees. This means that the taxpayers are subsidizing so the user needs to be charged for the disposal.
VOTE ON AMENDMENT: (Unanimous)
Councilor Lymburner asked how are we storing these items now?
Roger Mosley explained that they are stored in a container from Pine Tree Waste. Once a vendor is selected a container will be provided from that vendor.
VOTE ON ORDER AS AMENDED: 6 Yeas – 0 Nays
110-04 Town Council Chair Appointments [Christy]
VOTE: 6 Yeas – 0 Nays
111-04 Town Council Appointments [Nesbitt]
Councilor Spencer explained that the Ordinance Committee will be looking at committees that have been inactive and committees that have Planning Board, SAD Director and Council Member to see if that is still necessary.
VOTE: 6 Yeas – 0 Nays
112-04 Designate Authority to Countersign Checks Over $5,000 [Christy]
Chair Christy said that this is a good check and balance.
Councilor Spencer suggested that this become part of the Code.
Councilor Hopkins said that the Committee will be looking at procedures.
VOTE: 6 Yeas – 0 Nays
113-04 Amendment to Personnel Policy Chapter IX Insurance and other Benefits Paragraphs 9.2 Health Insurance and 9.5 Retirement Benefits [Hopkins]
Moved by Spencer Seconded by Lymburner to dispense with the reading or the order. (Unanimous)
Councilor Hopkins said this updates the Personnel Policy to reflect the recent budget process. She said that health benefits and retirement benefits were changed.
Louis Stack recommended that the Council change section 9.5 to read to an amount up to 6% and matching percentage. He said that this is a better benefit than is offered to federal employees.
He said that the employees should also have to match the 6%.
Councilor Nesbitt asked what came into consideration for that 6%.
Councilor Hopkins said that the Personnel Committee felt strongly that we could not increase the health benefits as was requested and they also asked for increases retirement benefits. This was Committees recommendation to the Council.
Councilor Lymburner asked for the monetary impact to the Town.
Councilor Simpson said that it was approximately $16,000. He said but don’t hold him to that number.
Councilor Lymburner asked if the Committee had look into increasing the employee’s contribution.
Councilor Hopkins said that it was discussed. She said that the numbers were presented in the budgetary process and Mr. Billington has that documentation.
Moved by Spencer to move the question. (failed – no second)
Councilor Nesbitt said that there is some justification in adding the words “up to” in the Policy.
Councilor Hopkins said that every year the benefits change.
Councilor Lymburner asked if part-time employees received these benefits?
Councilor Hopkins said that the 6 % is based on their salary. She said that the amount does need to be standard. She said that she didn’t like the idea of going to 6%.
VOTE: 5 Yeas – 1 Nay, Lymburner
114-04 Authorize Grant Submission for Mountain Division Trail [Nesbitt]
Councilor Nesbitt said that there are no matching funds required from the Town. He asked Linda Brooks to speak about future costs.
Linda Brooks said that since there is only one year of data from Gorham to review so it is limited. She said that they have not had to expend any town funds. She said that there is an arrangement with the snowmobile clubs with the current section and it is hoped that a similar agreement will be reached for the new section. She said that the State and Mountain Division group will help fund major repairs. She noted that a “adopt a trail” may be something that they look into. She said that the Town’s Public Work’s Department will continue to plow the parking areas at the trail heads.
Councilor Simpson asked when the grant needed to be filed.
Councilor Nesbitt said August 1.
Councilor Simpson said that he would probably vote for it. The presentation at the workshop was excellent but there are two things. He said that he hated voting for something that is a draft and the Council had established criteria for grant submission and that is not attached.
Councilor Hopkins said that supporting the grant for this section of the trail that we don’t forget about the section from the ballfield to this new section. She said that she didn’t want us to drop that section just because it isn’t easy.
Councilor Nesbitt said that the section form the ballfield to Sebago Lake Village is covered under the MDOT improvements on Route 35. He said the part from the village to Richville needs to be addressed.
Councilor Lymburner said that she had thought about not voting for this since Route 114 is being used for a big part of the trail and that is not a good place for biking. She wanted Linda Brooks to know that there is considerable parking available in Steep Falls where the old skating rinks were.
VOTE: 6 Yeas – 0 Nays
115-04 Request that the Maine Department of Transportation Install a Traffic Light at the Intersection of Routes 113 and 25 [Hopkins]
Councilor Hopkins said that this was brought to the Council last month to see what the Council though was best a petition or Council action. It was suggested that this order be brought forward.
Originally a traffic light was included in the reconstruction project but MDOT ran out of money. She said from seeing accidents that had occurred there it is time to go back to DOT and ask that the traffic light be installed. She said that it is a dangerous situation when you are going from Route 113 on to Route 25. The sighting there bad and the speed in that location is high. She noted that the summer traffic is backed up to the corner. She said that it it’s a wonder that someone hasn’t been seriously hurt.
Councilor Lymburner said that a night she does not travel that way because of the poor lighting. She said that she has seen on two occasions someone not being able to find the road and going off the road.
Councilor Nesbitt said that a meeting should be called to get everyone together to review the area.
Paul Niehaus said that he didn’t think that there was a problem at the intersection. He said that he looked at Standish Public Safety and police records. He said that they are not aware of any problem at the intersection. He said that one of the problems is that the locals are having a hard time at the intersection. He said the DOT has put sensors that will set off a blinking light to draw attention to the intersection. It was his opinion that the intersection is properly lit with street lights. He said that all modern intersections are designed to accommodate a traffic light. He went on to say that the purpose of a highway is for the efficient movement of traffic. He said that a traffic light adds all sorts of new problems. He said that there is a fear of having
an accident at that intersection. He thought that the visibility problem could be correct by moving the stop bar on Route 113 closer to Route 25. He said that the state did not have the money to install a traffic light there. He said that he would like to suggest that a committee be established to review that intersection and he would offer his services on that committee.
VOTE: 6 Yeas – 0 Nays
116-04 Resolution Establishing August 6, 2004 through August 8, 2004 as the Family Festival Weekend [Christy]
Recreation Director, Linda Brooks explained the various event that will be provided during the festival.
VOTE: 6 Yeas – 0 Nays
117-04 Resolution Supporting Family Festival Parade [Christy]
Moved by Lymburner Seconded by Hopkins to amend the order by ending the parade in the vicinity of the Town Hall. (Unanimous)
VOTE ON ORDER AS AMENDED: 6 Yeas – 0 Nays
PUBLIC ITEMS
Louis Stack said the Budget Committee met and has established that they will meet the second Monday of each month at 7:00 pm in the Conference Room at the Town Hall.
ANNOUNCEMENTS
Several upcoming meetings were announced.
ADJOURN
Moved by Hopkins Seconded by Spencer to adjourn. The meeting adjourned by unanimous consent at 9:50 pm.
Submitted by: _______________
Clerk/Secretary
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