DRAFT—MINUTES ARE NOT OFFICIAL UNTIL
APPROVED BY THE TOWN COUNCIL--DRAFT
MINUTES
TOWN COUNCIL MEETING
STANDISH, MAINE
TUESDAY, AUGUST 10, 2004 - MUNICIPAL CENTER 7:00 PM
CALL TO ORDER
The Pledge of Allegiance was recited.
ROLL CALL
Councilors present: Christy, Hopkins, Lymburner, Nesbitt, Pomerleau, Simpson and Spencer.
MINUTES OF PREVIOUS MEETING (S)
Moved by Hopkins Seconded by Simpson to accept the minutes from the July 13th meeting as presented. (Unanimous)
PETITIONS AND COMMUNICATIONS
Sylvia Plumley – Update on Thermal Imaging Camera
Sylvia Plumley explained that the committee has worked for about two and a half years to raise funds for this camera. She said that Kevin Warren had put her in touch with Chief Plummer to come up with the specifications for the camera. She explained that the camera has been used several time since it was acquired. She said that they wrote grants and received $13,000. The total cost of the camera was $32,000. The Committee held several fund raising events for the balance of the money. She thanked many organizations that helped with the effort and turned the camera over to Chief Butkus. Sylvia Plumley then turned over a check representing the balance of the camera bank account over to Chief Butkus to help with the maintenance of the camera.
Moved by Simpson seconded by Hopkins and voted to take order 118-04 out of order. (Unanimous)
118-04 Award Contract for Rescue/Pumper [Pomerleau]
Councilor Pomerleau explained that the Committee has worked on this project for about a year and a half. Originally they were looking to buy two trucks. A Truck Committee was set up they met with the Capital Improvements Committee and came to a number of $360,000 to pay for the truck. The truck went out to bid, four vendors had initially been interested, however, at the deadline only one vendor, Greenwood Fire Apparatus submitted a bid of $359,865. He said that one of the other companies that had been interested in bidding said that the cost would be approximate $390,000 and another said that it would take over a year and a half to build the truck.
Chief Butkus thanked the Capital Improvements and Truck Committee for their efforts.
Moved by Pomerleau Seconded by Lymburner and Voted to amend the order as follows:
ORDERED that the bid from Greenwood Fire Apparatus of North Attleboro, Mass, in the amount not to exceed $359,865 as authorized by the Capital Improvements Committee for a Emergency Rescue/Pumper is hereby accepted, and (Unanimous)
Councilor Pomerleau explained that Greenwood Fire Apparatus had told the Committee that there could be a savings of $5,400 on the truck if we put $180,000 down. He said that the Committee will look at that so there may be a Council order to do that in the future.
VOTE ON ORDER AS AMENDED: 7 Yeas – 0 Nays
REPORT OF THE TOWN MANAGER
Sand and Salt Storage facility. Site is graded, gravel in on the lower section, concrete walls have been installed for the building. Conduits are in for utilities and culverts have been installed. Paving should occur in early September. Again—this has been a self help effort using the Public Works Crew.
Cape Road has been ground and paved with a base coat. Shoulder work is ongoing and should be complete within a week.
MDOT is in the process or reevaluating the need for a traffic signal light at the intersection of routes 25 and 113. Data collectors have been counting traffic at the intersection this past week to determine if the intersection warrants a traffic signal light at this time.
New housing starts this summer have been slow with only 3 single family residence permits in June and 3 in July. No growth permits were issued in June and only one was issued in July.
The revaluation data is fairly complete now. Peter has checked Vision’s data on comparable sales and is fairly confident in the data. Generally business owners should see a slight decrease in their taxes as should owners of more modest homes. Shorefront property owners will experience the largest change.
Letters should go out this week to individual property owners that will give them their proposed assessment and an estimated mil rate. An 800 number will be provided for property owners to call Vision for an appointment to go over the data. There will be a web site identified where property owners can check the data on-line and compare with their neighbors or similar properties. For those without internet access, there will be a computer here in the map room with access to the data base for individual inquiries.
We anticipate that 10% to 12% of the property owners will want appointments with Vision. Those appointments will be held here in various offices for privacy. Vision will handle the scheduling. There will be four to five Vision staff members handling the interviews. Normal times will be from 10:00 AM to 7:00 PM daily. 20 minutes will be allotted for each appointment. They will schedule some appointments on Saturdays. This will remain a Vision project to interface with the public throughout the hearings.
Councilor Lymburner questioned the Public Hearings that Vision Appraisal had mentioned, When will those take place?
Gordy Billington said that he would have to check with Peter Arnemann about the hearings. The meetings that he was speaking about are the individual meetings with property owners.
Councilor Lymburner then asked about the properties that went out to bid, what is happening with those properties?
Gordy Billington said that some of the owners reclaimed their property. That left two properties, one will be put out to sale; no action has been taken on the landlocked piece of property.
Councilor Pomerleau asked what property would be going out to sale.
Gordy Billington said the property on Bog Alley.
Councilor Pomerleau said that he would like to see the ads put in the Lake Region and Shopping Guide.
Councilor Nesbitt asked about the improvements to Route 114?
Gordy Billington said that is next years project for MDOT.
Councilor Simpson said that one of the properties that we are holding off on selling is has a lot of teenagers living there.
Councilor Pomerleau said that he wanted to thank the Public Works, Recreation and Fire Department for putting on such a great parade on Saturday morning.
PUBLIC HEARINGS
92-04 Amendment to Standish Town Code, Chapter 3, Administrative Code, Article III, Town Council and Article VI Department of Finance [Spencer]
Councilor Spencer explained that the first amendment will change the date of when Councilors will submit their Disclosure Statement. The second amendment codifies the collection of payments of outstanding taxes bring posted to the oldest tax first.
After a Public Hearing without additional Council or public discussion the hearing was closed.
VOTE: 7 Yeas – 0 Nays
COMMITTEE REPORTS
Councilor Pomerleau noted that Capital Improvements met and discussed the truck, the road near Two Trail Restaurant. He said that they discussed the Cape Road paving project. He said that they will be looking at the Oak Hill/Route 25 intersection in the near future.
Chair Christy thanked Capital Improvements Committee for their work on obtaining the truck.
Councilor Nesbitt said that the Economic Development Committee met to regroup to find ways to support local businesses. They are also continuing to support the Route 113 and 114 corridors and looking at the Code; and continuing membership in the Lake Region Chamber of Commerce.
Councilor Spencer said that the Ordinance Committee met last week and there are items on the agenda tonight that came out of that meeting. He said that that the Old Red Church Liaison was discussed and that seat will remain filled by a Councilor.
Councilor Lymburner said that the Public Safety Committee will meet tomorrow night at 7:00 pm in the Conference Room. She announced that the new committee Chair is Jill Gray and Co-chair is Frank Holcomb. The Committee is currently working on the Heath and Safety Fair that will be held on September 18 at the George E. Jack School. She noted that they are working on the Route 113 Corridor Committee. She noted that at the first meeting every one of the towns on the corridor was represented.
Councilor Spencer said that Bev Marean a member of the Historic Commission will be at the next Ordinance Committee meeting to discuss the Commissions progress.
Councilor Nesbitt asked that notice of committee openings be put on the board out from of the Town Hall.
Councilor Simpson said that the Recycling Committee will be in need of members. He went on to say that the recycling program is not working; and they will be looking into the pay per bag program.
CONSENT CALENDAR
There were no consent 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.
NEW BUSINESS
119-04 Blanket Letter of Approval for Lake Region Shrine Club to Operate a Game of Chance [Christy]
VOTE: 7 Yeas - 0 Nays
120-04 Approve Memorandum of Understanding with Portland Water District [Hopkins]
Councilor Hopkins said that she will be proposing. She said that attached to the order is the Memorandum of Understanding that was approved by the Trustees at their June 28 meeting. She said that when the Trustees passed this with our changes the Steering Committee met made changes and then met with Water District Steering Committee members and discussed the changes, then again at the Council Workshop last week. She asked for a point of order from Councilor Simpson regarding the amendment. Should she amend the order and the agreement?
Councilor Simpson said that you amend the Memorandum and send it back to them.
Moved by Hopkins Seconded by Lymburner to amend the Memorandum of Understanding in four places:
I B. Allow the Town to renew the lease for an additional twenty-five year term on terms and conditions mutually agreeable at the time of renewal essentially the same terms and conditions.
II A .Within two years from the date of this MOU, provide a project concept plan and three year implementation plan for the development of the Pine Cove Beach as a municipal swimming and related recreational activity facility detailing proposed access road and parking plus the operations, maintenance and sanitary facilities. The three year implementation period will begin after approval of the concept plan by the voters of the Town of Standish and completion of the detailed engineering design.
II W. Upon commencement of operations of the beach and for the duration of the Agreement and any subsequent renewals, the Town agrees to limit any right of its residents to access District land outside the 2-mile limit, to the Pine Cove Beach site acknowledges this agreement satisfies the statutory requirement contained in Section 22 of Ch. 84, P.&S.L. 1975, An Act to Codify the Charter of the Portland Water District, as amended, that “…Standish residents shall have the right to cross the land of the Portland Water District bordering Sebago Lake outside the 2-mile limit … for swimming and related recreational activities and to utilize parking areas on said lands to be designated by the trustees…”
Delete paragraph II Y in its entirety
Councilor Simpson said that that he thought what had been discussed was that the District was trying to limit us to one twenty-five year lease. He said that he thought that the Council wanted subsequent twenty-five year leases. He thought is was to read for additional twenty-five year terms.
Councilor Hopkins said that at the workshop the District was uncomfortable with an automatic twenty-five year renewal. She said that they had left it open that we would have to restart negotiations. She said the way that it is written now at the end at of the second twenty-five year period. She said that at the end of the fifty-year period we would have to negotiate the terms.
Councilor Simpson said that is not how this is written. He said at the end of fifty years they can outright terminate. He said that we wanted consecutive twenty-five year terms without them having the ability to shut it off.
Chair Christy said that what he remembered from the meeting is that anything can be negotiated in the future lease. He said that this lease is unusual in length for Portland Water District because most of their leases now are for much shorter times. He said that there may be things that we want to negotiate at the end of five years.
Councilor Pomerleau questioned if the Water District could come in and re-negotiate in five years?
Chair Christy said that it would have to be a major issue.
Councilor Lymburner said that she had a concern of taking out all of section y. She said that she knew that the town’s lawyer given us the option of taking out the whole of “y “or taking out the words “without cause.” She went on to say that Bill Lunt was not sure if the Board of Trustees would support it. She said that he was speaking for himself, even, if it is his vote and one other that causes her concern. She said that she had heard that at the meeting that Peter Larson was at; his concerns were the words “without cause.” She wondered if anyone else shared her concern on whether to leave it in and just take out “without cause” if not she said that she could live with it the way that it is.
Councilor Pomerleau said that he wanted to take the whole paragraph out. He said that it invites us to go back in five years.
Councilor Spencer said that if the State or Federal government says that they have to build a treatment plant they could rather then spend the money they could come to us without cause and we’d be done. That’s the reason that he thinks the paragraph should be deleted. He said that another thing he thought that he had heard at that meeting was that the clock starts once the lease is signed. He said that you have two years to get a concept plan together. Three years to implement the plan and if you take all that time you have taken up the first five years of the lease.
Councilor Hopkins said that she thought that the twenty-five year lease started when we sign the lease. She said that she thought that the lease would have similar wording as far as the two year concept plan and then three years to implement the plan. She said that the twenty-five years would start ticking when the lease was signed.
Councilor Lymburner said that the two years begins with the signing of the MOU. She said that she thought that they had discussed that when we sign the MOU we already have money in the budget to start the engineering study. She said that means will start doing some of that work before we go to the voters and before the twenty-five year clock starts to click.
Councilor Pomerleau questioned us going out to the voters before we sign the lease.
Councilor Lymburner said that we will go to the voters twice. Once with a concept and rough engineering plan. Once that plan has been completed then we will go back to the voters.
Councilor Pomerleau said if we go to the voters with a MOU and at lease time things have changed do we go back to the voters?
Councilor Lymburner said that the MOU is a document between us and the lease may include other details but it can’t substantially change. The lease may include other legalities.
Councilor Pomerleau said that if go to the voters and say you can put two hundred vehicles there and we get to the lease and only one hundred can be there.
Councilor Lymburner said that we already have that in MOU.
Councilor Pomerleau said that there is some confusion on what exactly a MOU is versus an agreement.
Gordy Billington said that this MOU does not commit the Town or the District. He said that it is an understanding that the Town and District are trying to reach, upon which they will then enter into a binding agreement which is the lease. He said that the voters will be asked to approve the concept. He said the only binding contract that will bind the taxpayer’s money will be the lease.
Councilor Pomerleau questioned that when for the first vote we will have a cost?
Gordy Billington said that we will have a cost estimate.
Chair Christy said that cost would be based on the conceptual plan only. He said that if we do approve the MOU tonight the will be more discussion at the workshop.
Councilor Simpson said that he read it a little differently, he said that number three said that the parties hereto will execute and be bound by a formal agreement implement the term herein. He said that is the lease. He said that if the MOU is approved you are going to sign a lease.
Gordon Billington said that paragraph 2 A says that after approval of the concept plan by the voter’s of the town. He said that it does talk to requirement to get voter approval.
Councilor Simpson said then it conflicts.
Councilor Lymburner said that it says upon acceptance of the MOU the parties hereto shall execute and be bound to a formal agreement. She said that the formal agreement is the lease. She said that after we accept the MOU then we move forward to get voter approval and negotiate the lease. She said that the MOU is not the lease, after we accept the MOU we move forward to form the formal agreement.
Councilor Pomerleau asked why we need three in there. He questioned if we vote on this tonight we are voting to enter into a lease agreement.
Councilor Lymburner said no, we have to have approval of the voters before we do that.
Councilor Spencer said that if the voters turn it down the first time it is all over.
Chair Christy said that the steps right now are passage of this agreement as it is. We work on a concept plan and it is presented to the voters.
Councilor Lymburner said that it says that we will go to the voters at the end of the of the two year period. She said that it could be voted down by the voters at that time as well. Even though we would have signed the lease at that time it would be null and void if it was turned down by the voters.
Councilor Pomerleau asked if he signed this agreement tonight will he be bound to enter into the lease agreement.
Councilor Lymburner said not until to goes to the voters.
Councilor Spencer that the term formal agreement would be the lease.
Gordy Billington said that he would suggest amending paragraph three to include that it will go to the voters.
Moved by Hopkins Seconded by Lymburner to amend paragraph three as follows:
Upon acceptance of this MOU, and subject to approval by the voters of the Town of Standish, the parties hereto shall execute and be bound by a formal Agreement implementing the terms herein.
Councilor Nesbitt asked if this was totally struck from the document and there was cause does this leave us without recourse for compensation. He said are we being left wide open? What if regulations make them close the beach due to the need of a treatment plant.
Councilor Hopkins said that she didn’t define cause as the EPA changing their standards. She said that she thought cause would be if we did not honor part of the agreement. She said that the attorneys concern with unsung the term “without cause” is cause is no defined. She said that Ron Miller had said that this had not been through their attorneys. She said that the lease will define cause and penalties will be negotiated.
Councilor Nesbitt said that the way that it is written without cause is related to the lease.
Councilor said that we took it out because it was not defined.
Councilor Simpson said that it was discussed that with or without that paragraph there would be a law suit to recover the costs.
Councilor Pomerleau said that he assumed that there will be numerous public hearings for the residents of Harmon’s Beach Road. He said that not everyone on the street wants 200 cars a day going down the street. He said that they had signs up last year.
Chair Christy said that all we can say now is that we are working on a concept. He said that he hoped that everyone’s understands the MOU is a blueprint for the lease. He said what we are trying to do right now is get the understandings that we have negotiated with the District. The next step is to come up with a concept plan to give a general idea of what the costs will be. That will give the votes the information to vote on it, hopefully, in November.
Councilor Hopkins said explained the timeline, she said that by the August 24 Workshop the conceptual design from Sebago Technical and an estimate of costs. She said that the Council has to decide by September 17 if it will go to the voters.
Councilor Pomerleau said that we have picked the site and the road.
Gordy Billington said that we have come up with a concept for development but we have not selected it. We have asked Sebago Technics to verify our assumptions.
Councilor Pomerleau said that we will drive a mile down Harmon’s Beach Road before we get to one of the entrances so we will impact 50 – 60 houses there. He said that there were several hearings for the beach at the other location. He asked how we will have the hearings before the vote.
Councilor Lymburner said that she didn’t want to minimize the concerns of the people on the Harmon’s Beach Road but she don’t want those folks to believe that there will be 200 cars and school busses. She said that the maximum amount that the beach will hold is 200 people. She said if a school bus goes in with 100 people then only another 100 people can go in. She said if you get 2-3 people in a car we’re talking 40-50 cars at the most. It will not be 200 vehicles or school busses. It is a maximum of 200 people.
Councilor Pomerleau said so what you just said if two school busses go in they close the beach down for cards for the day?
Councilor Hopkins said that the beach capacity is 200 people.
Councilor Pomerleau said that his point is if you go to the beach in the morning there could be 40-50 cars. Then in the afternoon there could be 20-30 in the afternoon, then again in the evening. He said if you have 100 going in then you have 100 going out and that’s 200 cars.
Councilor Lymburner said that there will be the opportunity for the people to voice their concerns. She said that the only way that we can do that is to move forward.
Councilor Pomerleau said that he didn’t like the idea of moving forward with out having public hearings for the people on Harmon’s Beach Road.
VOTE ON AMENDMENTS: 7 Yeas – 0 Nays
VOTE ON ORDER AS AMENDED: 6 Yeas – 1 Nay, Pomerleau
121-04 Authorize Health and Safety Fair [Lymburner]
Councilor Lymburner said that this years fair will be about outdoor activities and they will be raffling off a kayak.
VOTE: 7 Yeas – 0 Nays
122-04 Resolution to Establish September 18, 2004 as Standish Heath and Safety Day [Lymburner]
VOTE: 7 Yeas – 0 Nays
123-04 Authorize Treasurer to Pay Outstanding FY 2004 Taxes [Simpson]
Moved by Spencer Seconded by Simpson to dispense with the reading of the order. (Unanimous)
Councilor Lymburner explained that due to a clerical error the correct amount was not collected and we are writing it off.
VOTE: 7 Yeas – 0 Nays
124-04 Carry Forward Certain Accounts [Simpson]
Moved by Simpson Seconded by Spencer to dispense with the reading of the order. (6 Yeas – 1 Nay, Lymburner)
Moved by Simpson Seconded by Nesbitt to amend the Town Clerk’s amount by increasing it by $2,602. (Unanimous)
Gordy Billington said that the computers backup files need to be backed up daily. There has been a problem for some time with this procedure and it is the recommendation of the computer company to do this upgrade.
Councilor Simpson said that everyone knows in this day and age the importance of having a reliable data backup.
VOTE ON AMENDMENT: 7 Yeas – 0 Nays
Louis Stack a member of the Budget Committee said that the Committee met last night and support this order.
VOTE ON ORDER AS AMENDED: 7 Yeas – 0 Nays
125-04 Reduce Performance Guaranty - Gilbert Homes – Saco River Bound [Christy]
Moved by Simpson Seconded by Lymburner to amend the order as follows:
ORDERED that the Performance Guaranty held for Saco River Bound, be reduced by $ 114,000, upon recommendation of the Director of Public Works, Code Enforcement Officer and the Fire Chief. (Unanimous)
VOTE ON ORDER AS AMENDED: 7 Yeas – 0 Nays
126-04 Reduce Performance Guaranty - Michael York – Burning Rose Development Corporation [Christy]
Moved by Simpson Seconded by Spencer to amend the order as follows:
ORDERED that the Performance Guaranty held for Burning Rose Development, be reduced by $ 21,890, upon recommendation of the Director of Public Works, Code Enforcement Officer and the Fire Chief. (Unanimous)
VOTE ON ORDER AS AMENDED: 7 Yeas – 0 Nays
127-04 Authorize Utility Location Permit – Central Maine Power Company – Cole Hill Road [Christy]
Moved by Hopkins Seconded by Nesbitt to amend the order as follows:
ORDERED that the application by Central Maine Power Company to install and maintain conduit poles on Cole Hill Road in accordance with work order 0404174094, is approved pending approval of a street opening permit.
128-04 Cast Ballot for MMA’s Legislative Policy Committee [Christy]
Moved by Simpson Seconded by Hopkins to amend the order as follows:
ORDERED that the Standish Town Council hereby cast their vote for the Maine Municipal Association (MMA) Legislative Policy Committee. (Unanimous)
VOTE ON ORDER AS AMENDED: 7 Yeas – 0 Nays
129-04 Town Council Appointments – Various Boards and Committees [Nesbitt]
VOTE: 7 Yeas – 0 Nays
Moved by Simpson Seconded by Lymburner to take orders 130-04, 131-04 and 132-04 with one vote.
130-04 Change Composition of the Public Safety Committee [Spencer]
131-04 Abolish Watershed Committee [Spencer]
132-04 Amendment to Standish Town Code, Chapter 245, Solid Waste Recycling and Management
(Introduction) [Spencer] (This item moved to first reading)
VOTE ON THREE ORDERS: 7 Yeas – 0 Nays
133-04 Amendment to Standish Town Code, Chapter 3, Article XIV, Saco River Cable Committee
Appointments (Introduction) [Spencer]
Moved by Lymburner Seconded by Simpson to dispense with the reading of the order. (Unanimous)
Moved to First Reading at the September meeting of the Council. (Unanimous)
134-04 Amendment to Standish Town Code, Chapter 115, Cable Television Franchising,
§ 115-04 Application for Franchising and § 115-09 Saco River Cable Committee (Introduction) [Spencer]
Moved by Lymburner Seconded by Simpson to dispense with the reading of the order. (Unanimous)
Moved to First Reading at the September meeting of the Council. (Unanimous)
PUBLIC ITEMS
None this meeting.
ANNOUNCEMENTS
Several upcoming meetings were announced.
EXECUTIVE SESSION (S)
An Executive Session was not needed this meeting.
ADJOURN
Moved by Hopkins Seconded by Lymburner to adjourn. The meeting adjourned at 9:00 pm by unanimous consent.
Submitted by:_____________________________
Clerk/Secretary
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