DRAFT - MINUTES ARE NOTT OFFICIAL UNTIL APPROVED BY THE TOWN COUNCIL- DRAFT
MINUTES
TOWN COUNCIL MEETING
STANDISH, MAINE
TUESDAY, SEPTEMBER 14, 2004 - MUNICIPAL CENTER 7:00 PM
CALL TO ORDER
Pledge of Allegiance was recited.
ROLL CALL
Councilors present: Christy, Nesbitt, Simpson and Spencer. Councilors Hopkins, Lymburner and Pomerleau were excuses.
EXECUTIVE SESSION
Moved by Spencer Seconded by Simpson and voted to move into Executive Session for discussion of Legal Matters with the Town Attorney.
Moved by Simpson Seconded by Nesbitt to arise from Executive Session. The Council arose from Executive Session at 7:35 pm.
MINUTES OF PREVIOUS MEETING (S)
The minutes from August 10, meeting were accepted as presented by unanimous consent.
PETITIONS AND COMMUNICATIONS
Mr. Billington explained that the Town was in receipt of a petition for Care of Watchic Lake. It is not a petition to the Council, it is a petition that was signed by 60 property owners around Watchic Lake. The petition will be forwarded to Inland Fisheries and Wild Life. The petition asks the Commissioner to deny permits for hydroplane races on the lake next year. He explained that the property owners wanted to pass it by the Council so that they would be aware of the petition. He said that the petition talks about the lake being fragile and milfoil being introduced into the lake by boats coming in from the outside. He said that it talks about the impact on the lake, loons and other uses of the lake. He said that the Town will take no position on this, it is coming through us just for
information.
REPORT OF THE TOWN MANAGER
Again this year – 87 more tons in first two months – represents $13,748 more in tip fees and $1,100 in transportation. At the current rate and considering the increased fees from RWS, we have enough funds to last to March.
Recycling calendars will include school and recreational activities this year.
Sand/salt storage site should receive paving last week of this month.
Public Safety – Shane Enger – new student – Brent Libby new FT/FF/EMT
Response times for Fire in August averaged 2.5 minutes from call to engine out the door versus 8 to 9 minutes last year.
Chief Butkus instituted a new program whereby we have an EMT or Paramedic on-call in the building 24 hours per day 7 days a week. Ambulance response time from call to rolling averaged 3 minutes in August versus 9 minutes last year.
Health and Safety Fair this week end to concentrate on outdoor safety.
Public Safety will hold an open house here on 9th of Oct.
Recent Blood drive was successful – 43 people -- 37 pints
Steep Falls Fire barn painting inside and out this week plus new lights tomorrow in meeting room.
Recreation -- An upcoming item for recreation in addition to the Health and Safety Fair, Fall Festival and program activities will be a senior foliage bus trip to the Bethel Inn on Saturday, October 14. This will be the first week-end senior trip.
Assessing – Hearings are over. Notices of findings will be sent to each property owner who participated in a hearing by next week. Peter plans to be able to make the tax commitment by October 1st with bills going out by the 15th. Individual taxpayers will have from 180 days after the commitment to request abatement from Peter for disputed bills. Peter will have 30 days to respond. The individual would then have up to 30 days in which to file an appeal to the Assessment Board of Review.
Chair Christy noted that at the Transfer Station residents are not recycling.
PUBLIC HEARINGS
135-04 Application Submitted by Jack Lee dba Karry Out, Inc. for Renewal of a Malt and Vinous Restaurant License at Colonial Market Place [Christy]
Councilor Simpson said that he wanted to see evidence that the food and liquor amounts sales amount on the application were accurate.
Moved by Spencer Seconded Simpson by to table until next months meeting. (Unanimous)
The Clerk explained that the present license expires on September 21.
Town Manager, Gordon Billington asked if the business would be able to their after the expiration date?
The Clerk said if the Town grants temporary approval.
Moved by Nesbitt Seconded by Spencer to grant temporary approval until next months meeting.
Councilor Simpson said that he was not opposed to it but the motion is out of order. He said that Councilor Spencer needs to withdraw his motion and then resubmit Councilor Nesbitt’s motion.
Moved by Council Spencer Seconded by Simpson to withdraw the motion to table this license. (Unanimous)
Moved by Nesbitt Seconded by Simpson to grant temporary approval until next months meeting. (Unanimous)
Moved by Spencer Seconded by Simpson to take orders 136-04, 137-04 and 138-04 collectively due to the memo from the Fire Chief that explains violations at one establishment and that the other two applications are not ready for inspection. (Unanimous)
Moved by Spencer Seconded by Simpson to table orders 136-04, 137-04 and 138-04. (Unanimous)
The applicant from Domino’s Pizza said that they would be ready for inspection within two weeks and if is tabled they would be unable to open. He asked for temporary approval until the proper inspections can be completed.
Gordon Billington said that they could not reconsider the tabling motion at this time but could by unanimous consent introduce a motion to grant temporary approval for a one month period pending the necessary inspections.
Moved by Nesbitt Seconded Simpson present an emergency order to give consent for temporary approval for one month pending the completion of the inspections. (Unanimous)
Moved by Spencer Seconded Simpson to give consent for temporary approval for one month pending the completion of the inspections.
VOTE: 4 Yeas – 0 Nays
Councilor Spencer asked if there was any interest in bringing the others off the table?
Chair Christy said that Sonny’s Variety had a list of items that needed to be corrected. After those items have been corrected then our Fire Department will have to do the local inspection. At the other location the shack is not in place to be inspected yet.
136-04 Application Submitted by Paul’s Food Center dba Sonny’s Variety for a New Victualer’s at 450 Northeast Road [Christy]
137-04 Application Submitted by Richard A. Cullins dba Domino’s Pizza for a New Victualer’s
License Located at 58 Ossipee Trail East [Christy] – Temporary Permit issued
138-04 Application submitted by Kurt Cochran dba Rouge Paintball for a New Victualer’s
License Located at 190 Northeast Road [Christy]
COMMITTEE REPORTS
Linda Brooks explained that about two years ago her job title was adjusted slightly to reflect the duties that she is responsible for which is the Director of Parks and Recreation. She went on to explain her duties as the Director of Parks. She said that she oversees the contract for the maintenance of the town’s fields. The town’s fields include the following: Johnson Field, which is home for a Babe Ruth field and a Little League field, a volleyball court, one piece of playground equipment, two tennis courts, two soccer fields and a storage shed. At the Steep Falls Field location there is one multi purpose baseball/softball field. At Standish Memorial Field there are two softball fields, three soccer fields, a snack shack and storage facility, and two pieces of playground equipment. The Town has two ice
skating rinks; one is located at Johnson Field and is a lighted rink with water on the premises for flooding. The other rink is located in Steep Falls; it is also a lighted rink which is flooded by the Fire Department. She then went on to explain the maintenance contract that is provided on the fields. She then highlighted the improvements to the fields, the most notable one is the paving of Johnson Field. That was done in conjunction with the Mountain Division Trailhead. She said that marquee was also installed as part of that project. She said that this spring the tennis courts were pressure washed and repaired. The Steep Falls ballfield was reseeded. The Public Works will be helping by bringing in gravel to create a parking area. They will also install a drywell basin to encourage drainage away from the ballfield. In the spring final improvements will be made to the infield. She said that projected improvements to
Standish Memorial Park include a two year plan to seed fields, fencing, and portable watering system. A information kiosk will be installed at that location also. At Johnson Field pressure treated guardrail will be installed in the parking lot. Improvements will be made to what is called the Sebago Lake Sports Complex. At this time the Committee is soliciting bids for excavation and concrete work.
Councilor Nesbitt explained that Economic Development met last month with Reprehensive Gary Moore to discuss the Symposium that was held last spring. A meeting is tentatively scheduled for late September to have a regional meeting regarding lake issues. On September 29 a meeting will be held at the Steep Falls Fire Barn with the State to discuss Route 113 being designated as a scenic highway.
Councilor Nesbitt said that we still have openings on Public Safety, Recreation, and Community Center Study Committee. Interested persons can contact Mary. He went on to say that the Health and Safety Fair will be held at George E. Jack School on Saturday with various events and displays are planned with an outdoor safety theme.
Councilor Simpson said that Gordy had mentioned quite a bit about the Recycling Committee. He said that an engineering study has been awarded to Wright Pierce in Topsham to do a study on solid waste and to come back with a recommendation on what to do next year. He said that there will be two openings on the Recycling Committee tonight and he hopes that someone will step forward for the committee. He said the recycling calendar was a great success.
CONSENT CALENDAR
139-04 Authorize Change in Voter Registration Hours Prior to the November 2, 2004 Election [Christy]
140-04 Approval of Election Clerks and Election Warden for the November 2, 2004 Election [Christy]
141-04 Acceptance of Street Names [Christy]
VOTE ON CONSENT CALENDAR: 4 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 5/11/04) [Lymburner]
This item remained tabled.
132-04 Amendment to Standish Town Code, Chapter 245, Solid Waste Recycling and Management
(First Reading) [Spencer]
Moved by Spencer Seconded by Simpson and Voted to dispense with the reading of the ordinance. (Unanimous)
Councilor Spencer said that the additional members are needed due to the solid waste issues in the upcoming year.
Moved by Simpson Seconded by Nesbitt to amend the number of citizen members from 3 to 5. (Unanimous)
Moved Seconded and Voted to move this item to Public Hearing at the October meeting of the Council. (Unanimous)
133-04 Amendment to Standish Town Code, Chapter 3, Article XIV, Saco River Cable Committee
Appointments (First Reading) [Spencer]
Moved by Spencer Seconded by Nesbitt and Voted to dispense with the reading of the ordinance. (Unanimous)
Councilor Spencer said this is needed just to clean-up the language in the ordinance.
Moved Seconded and Voted to move this item to Public Hearing at the October meeting of the Council. (Unanimous)
134-04 Amendment to Standish Town Code, Chapter 115, Cable Television Franchising, §115-4 Applications for Franchise and §115-9 Saco River Cable Committee (First Reading) [Spencer]
Moved by Spencer Seconded by Simpson and Voted to dispense with the reading of the ordinance. (Unanimous)
Councilor Spencer said this is needed just to clean-up the language in the ordinance.
Moved Seconded and Voted to move this item to Public Hearing at the October meeting of the Council. (Unanimous)
NEW BUSINESS
142-04 Accept Donation of MSAD # 6 School Bus [Pomerleau]
Councilor Spencer said that this was review by the Capital Improvements Committee. It is a low mileage only 180,000 miles. The bus has to be painted another color. Linda Brooks noted that the Committee will look into creative ways to cover the cost of repainting the bus.
VOTE: 4 Yeas – 0 Nays
143-04 Town of Standish Orders of the Town Council Authorizing Issue of $185,000 Principal Amount of Bonds [Simpson]
Moved by Spencer Seconded by Nesbitt and Voted to dispense with the reading of the ordinance. (Unanimous)
Councilor Simpson said that the bond was approved by the voters and the Finance Committee has reviewed this document.
Gordon Billington noted that the new Finance Director had made one change to previously approved wording by adding new wording which would authorize reimbursement of operating expenses to the Town in the event that there was a prepayment.
Dick Lagarde said that the change to the order that he included gave flexibility by adding the reimbursement clause. This will allow the Town to pay a potion of the cost before receive the bond and being reimbursed when bond is received.
Councilor Simpson said that that Dick has been an asset to the Town in his short time here. Councilor Simpson said that Dick had said that the staff in the office has been a great team to work with.
Chair Christy explained that he sat in on the Finance Meeting and was impressed Dick’s professionalism.
VOTE: 4 Yeas – 0 Nays
144-04 Town Council Appointment of Tax Collector [Christy]
VOTE: 4 Yeas – 0 Nays
145-04 Tax Collector’s Settlement and Recommitment of Taxes Collector [Christy]
VOTE: 4 Yeas – 0 Nays
146-04 Town Council Appointment to Recycling Committee [Nesbitt]
VOTE: 4 Yeas – 0 Nays
147-04 Town Council Appointment of Community Building Development and Planning Committee [Nesbitt]
VOTE: 4 Yeas – 0 Nays
148-04 Appoint Voting Delegate and Alternate for MMA Annual Business Meeting at the Annual Convention [Christy]
VOTE: 4 Yeas – 0 Nays
149-04 Award Bid for Removal of Clean Wood/Brush Waste and Wood Demolition [Pomerleau]
Councilor Spencer explained that the Capital Improvements Committee met and reviewed the bids with Roger. He said that there were three bidders. The bid from Commercial Paving was the lowest bid.
Chair Christy asked how this compared with bids in the past.
Gordon Billington said that this is lower than last years bid.
VOTE: 4 Yeas – 0 Nays
150-04 Award Bid for Winter Sand [Pomerleau]
Moved by Spencer Seconded by Nesbitt and Voted to dispense with the reading of the ordinance. (Unanimous)
Councilor Spencer explained that the Capital Improvements Committee met and reviewed the bids with Roger. He said that there were four bids. The bid from Busque Construction was the lowest bid.
VOTE: 4 Yeas – 0 Nays
151-04 Award Bid for Engineering Services for Various Road Projects [Pomerleau]
Councilor Spencer explained that the Capital Improvements Committee met and reviewed the bids with Roger. He said that there were eight bids. The bid from Millett Associates was the lowest bid.
Councilor Simpson asked Roger to explain the difference in the range of cost from the bidders.
Roger Mosley said that most of the bids were from engineering firms and the selected bidder is a one man shop. This same bidder did the work on Boundary Road and the Town was very satisfied with the work.
VOTE: 4 Yeas – 0 Nays
152-04 Authorize Installation of Street Light on Moody Road [Pomerleau]
Councilor Spencer explained that the Capital Improvements Committee met and reviewed the streetlight and this is a safety issue.
VOTE: 4 Yeas – 0 Nays
153-04 Authorize Use of $12,000 in Road Bond Funds to Build Access Road to Sand / Salt Storage Facility [Pomerleau]
Councilor Spencer explained that the Capital Improvements Committee met and reviewed the paving and they support the paving.
Roger Mosley explained that under the regulations for DEP approval we need to put pavement under all the areas were we will be working with sand and salt. This order is to pave the roads so they can be maintained.
VOTE: 4 Yeas – 0 Nays
154-04 Reduce Performance Guaranty – Busque Construction Co., Inc. – Southridge III [Christy]
VOTE: 4 Yeas – 0 Nays
PUBLIC ITEMS
Dave Thomas said the he thought that it was interesting that the Town took on a project like this and had the talent to do so and save money. He said that the other thing was taking the low bidder from a one man shop.
Lou Stack said that he appreciated the Finance Committee giving the Budget Committee the financial reports.
Councilor Spencer said that people have looked that the salt/sand facility and are amazed at the amount of money that Roger and his crew have saved the Town.
ANNOUNCEMENTS
Several up coming meetings were announced.
EXECUTIVE SESSION
An Executive Session was not needed.
ADJOURN
Moved by Spencer Seconded by Simpson to adjourn. The meeting adjourned at 9:10 pm by unanimous consent.
Submitted: _______________________
Clerk/Secretary
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