DRAFT -- MINUTES ARE NOT OFFICIAL UNTIL APPROVED BY TOWN COUNCIL -- DRAFT
MINUTES
TOWN COUNCIL MEETING
STANDISH, MAINE
TUESDAY, OCTOBER 12, 2004 - MUNICIPAL CENTER 7:00 PM
CALL TO ORDER
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 Simpson Seconded by Spencer to approve minutes from the September 14 and October 5 meetings. (Unanimous)
PETITIONS AND COMMUNICATIONS
The secretary read a letter from Sebago Lake Region Chamber of Commerce inviting interested parties to attend a meeting in Windham regarding the upcoming tax cap question.
Representative Gary Moore presented the following updates:
· Notifying the Council of incidents where residents of Standish whose insurance coverage had been cancelled seemingly for no valid reason
· Arsenic in well water, past legislative initiatives, pending legislation
· Toll calls being charged to Richville area residents calling town that border Standish when the calls should be toll free
· Portland Water District recent legislation regarding selling their properties to a holding company, leasing it back to realize a financial gain. This was a concern to the Town of Standish because the town is supposed to get the first opportunity to obtain any properties that the Water District is selling. That law was not ratified.
· Portland Water District also presented legislation that would remove them from PUC oversight; he noted the PUC involvement with the telephone issues. This issue is surfacing again.
· He had received calls regarding a fine that was levied on the Water District for high levels of effluent discharge into the Casco Bay. Legislators in the Casco Bay area are concerned with that issue.
· News reports that noted that water districts whose sources are depleted are teaming up to join together to take water from Sebago Lake.
· Friendly contacts from the Water District indicating program for the District to acquire property around the lake.
· A news report the PWD was fudging lead test results. The higher level of chlorine in the water accelerates this process. Legislation is being drafted to deal with many of these issues.
Councilor Simpson said that there is not lead in the water but it comes from the solder in pipes.
Representative Moore noted past legislation that was presented regarding the watershed concept was resurfacing.
Councilor Nesbitt said that from his house calling the Town Hall is a toll call.
Representative Moore thanked the Council for the support of the recent parade and hoped that next years date could be set soon so that participants could be booked well in advance. He also noted that the Health and Safety Fair was a great success. He went on to explain that the open house that was held by the Public Safety Department was the best ever. In closing he explained that the Secretary of States Office is offering the Vote for a Veteran. The program which supplies the applicant with a pin honoring their chosen veteran.
Chair Christy congratulated the Bonny Eagle field hockey team and football teams for the successful seasons. He congratulated Bob Bourget for his 300 win coaching soccer.
REPORT OF THE TOWN MANAGER
Town Manager Gordon Billington announced that the mil rate had been set at $10.75/1,000. Tax bill should be mailed on Friday.
Mr. Billington explained that Chief Butkus would introduce new employees and give highlights of the open house.
Chief Butkus introduced two students in the live-in program. Adam Royer is a second year student who is involved in the fire prevention program. Shane Enger is a first year live-in student and is a firefighter and is enrolled in an EMT class. Chief Butkus introduced Brent Libby who was recently hired as the Department’s Lieutenant. Brent has a degree in health services and is studying public administration. Chief Butkus explained the success of the open house that was recently held by the Public Safety.
Gordon Billington introduced the Clerk who will present the monthly departmental report.
Town Clerk Mary Chapman gave a report that included information regarding the November election.
PUBLIC HEARINGS
132-04 Amendment to Standish Town Code, Chapter 245, Solid Waste Recycling and Management [Spencer]
Moved by Spencer seconded by Simpson to dispense with the reading of the ordinance. (Unanimous)
After a Public Hearing without additional Council or public discussion the hearing was closed.
VOTE: 6 Yeas – 0 Nays
133-04 Amendment to Standish Town Code, Chapter 3, Article XIV, Saco River Cable Committee Appointments [Spencer]
Moved by Spencer seconded by Simpson to dispense with the reading of the ordinance. (Unanimous)
Councilor Spencer explained that this was housekeeping cleaning up section citing in the ordinance.
After a Public Hearing without additional Council or public discussion the hearing was closed.
VOTE: 6 Yeas – 0 Nays
134-04 Amendment to Standish Town Code, Chapter 115, Cable Television Franchising, §115-4 Applications for Franchise and §115-9 Saco River Cable Committee [Spencer]
Moved by Spencer seconded by Simpson to dispense with the reading of the ordinance. (Unanimous)
Councilor Spencer explained that this was housekeeping cleaning up section citing in the ordinance.
After a Public Hearing without additional Council or public discussion the hearing was closed.
VOTE: 6 Yeas – 0 Nays
Chair Christy asked Roger Mosley the Public Works Director to go over these next items.
**Proposed Discontinuance of a portion of Boundary Road due to a realignment 0.34 miles Westerly of the intersection of Oak Hill Road.~ The discontinuance will be 0.09 acres abutting Map 13, Lot 39.~ The Council will make a formal determination on the discontinuance without damages at this meeting.
**Proposed Discontinuance of a portion of Boundary Road due to a realignment 0.34 miles Westerly of the intersection of Oak Hill Road.~ The discontinuance will be 0.03 acre abutting Map 12, Lot 3A.~ The Council will make a formal determination on the discontinuance without damages at this meeting.
**Proposed Discontinuance of portion of Middle Road due to an intersection realignment with Boundary Road.~ This discontinuance will be 3751 square feet abutting Map 8, Lot 26.~ The Council will make a formal determination on the discontinuance without damages at this meeting.
**Proposed Discontinuance of a portion of Boundary Road due to an intersection realignment with State Route 113 (Pequawket Trail).~~ This discontinuance will be 2205 square feet abutting Map 34, Lot 24.~ The Council will make a formal determination on the discontinuance without damages at this meeting.
**Proposed Discontinuance of a portion of the old State Highway Route 113 (Pequawket Trail) due to a Maine Department of Transportation reconstruction project at the intersection with State Route 25 (Ossipee Trail West).~ The discontinuance will be abutting Map 5, Lots 45B and 47.~ The Council will make a formal determination on the discontinuance without damages at this meeting.
Roger Mosley explained the process regarding ads, notices to abutters, this hearing, Council order, notice of the vote being sent to the abutters, and then it being filed at the Cumberland County Registry of Deeds. He said that the first four discontinuances are results of the realignment of the Boundary Road. The last one is regarding Two Trails intersection.
Russ Lovejoy representing Fairpoint New England said that they had concerns regarding the utilities in these locations. He said at Route 113 they had a remote cabinet there and they needed the right to maintain it.
Town Manager Gordon Billington explained and read the language that explained that utilities of record easements would be retained.
Councilor Simpson said that the first four are a matter of protocol.
Councilor Spencer said does that include the one at Route 113?
Chair Christy said that it did.
After a Public Hearing without additional Council or public discussion the hearings were closed.
COMMITTEE REPORTS
Councilor Nesbitt explained that Economic Development Committee members and the Town Manager met regarding the byway program. That program will be further discussed November 17 which is the next meeting date that has been tentatively set for that date.
Councilor Simpson reported from the Finance Committee that the Town is in good shape. He said that excise tax is running ahead of last year. Cash flow will be very close this month due to taxes just having been committed and the bills have not gone out. Councilor Simpson went on to explain that the Recycling Committee’s educational program is continuing in the schools and the study is underway and results should be available next month.
Councilor Nesbitt noted that there are several opening on various committees. Appointments Committee met tonight and interviewed two people.
CONSENT CALENDAR
158-04 Appointments-Town Council Confirmation of Political Parties Nomination of Ballot Clerks [Christy]
VOTE: 6 Year – 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]
Moved by Hopkins Seconded by Spencer and Vote to take this item off the table. (Unanimous)
Councilor Hopkins explained that Councilor Lymburner asked her to speak to this order tonight. Councilor Hopkins explained that Councilor Lymburner had attended a recent Comprehensive Plan meeting and spoke to them regarding the number of members of the committee. She found that they would like to have twelve members added. Councilor Hopkins said that the committee with be starting to get into committee work and need the membership.
Moved by Hopkins Seconded by Spencer and Voted to amend the order to read:
……solicit to fill twelve vacancies occurring due to non-attendance or resignation….
Dave Thomas a member of the Comprehensive Planning Committee said that they are starting a new phase of the committee and will need the additional membership.
Councilor Simpson said that when the original committee was formed many of the members has personal agendas. He said that once they got to the meetings they found that it is a very broad committee that needed committed involvement. He said how long would the membership drive be open? He said that a time limit needed to be set to fill the positions.
Councilor Nesbitt said that he was not sure of the criteria for the appointments.
David Thomas announced the four subcommittees that needed members: regional environment, economic and community, built environment and natural environment. He said that they would like to have four to five active members on these committees.
Councilor Nesbitt asked if while interviewing candidates should they be screened for the noted subcommittees.
Councilor Hopkins suggested that a joint Appointment Committee/Comprehensive Plan meeting be held to discuss the specifics.
Dave Thomas noted that the Comprehensive Plan has a page on the Town’s web site and someone could review that information and get up to speed very quickly.
VOTE ON AMENDMENT: Unanimous
VOTE ON ORDER AS AMENDED: 6 Yeas – 0 Nays
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]
Moved by Simpson Seconded by Nesbitt and Voted to remove this item from the table. (Unanimous)
Councilor Christy explained that the Town received a letter from the applicant regarding why this hadn’t been approved at the September meeting.
The Clerk explained that additional information was requested from Councilor Simpson regarding the applicant’s disclosure of liquor sales. The applicant supplied the needed information.
VOTE: 6 Yeas- 0 Nays
136-04 Application Submitted by Paul’s Food Center dba Sonny’s Variety for a New Victualer’s at 450 Northeast Road [Christy]
Councilor Simpson asked where it stood with the Fire Marshall’s review.
Fire Chief Butkus said the report indicated what corrective actions needed to be taken. He said that he had not heard from the Fire Marshall’s Office at this time.
The Clerk explained that the applicant had come to the Town Hall today and thought that by the next meeting they would be ready to present the application at that time.
Moved by Simpson Seconded by Pomerleau to table this item. (Unanimous)
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]
Moved by Simpson Seconded by Nesbitt to remove this item from the table. (Unanimous)
Councilor Simpson explained that the order was tabled last month because the former tenant was not out the build.
Chief Butkus said that he had not heard from the applicant.
Councilor Pomerleau questioned how this could be approved without the necessary inspections.
Councilor Spencer said that the order says upon approval…with the final approval coming from the Town Manager.
Chief Butkus said that the approvals wouldn’t done until the inspections are done.
Councilor Pomerleau questioned why the applicant didn’t have to go before the Planning Board for the change of use in the building. He asked where would the customers park?
Town Manager Gordon Billington said that it was a take-out restaurant only. He said that the applicant met with the CEO who reviewed the use.
Councilor Simpson said that this is a major change in the use of the building. He noted that when Dunkin Donuts received their approval from the Planning Board restrictions were placed on the hours of operation. He said that he questioned why this didn’t go through some type of review.
Councilor Pomerleau said that he thought that this is a major change in use of the building.
Councilor Hopkins said that until the Code is changed we couldn’t hold one business hostage. She said that she went through the same thing recently.
Councilor Simpson said that he didn’t disagree with Councilor Hopkins but did we know that according to Code they were not in compliance.
Town Manager Gordon Billington said that the Code Officer and the Planner met with the applicant. There is no significant change in use since food preparation is already done in that building.
Councilor Pomerleau said that the Planning Board did regulate the hours of operation of various businesses.
Chair Christy said that there are two sides to this issue.
Councilor Pomerleau said that it was his opinion that any business should go before the Planning Board. He said that just because there is an existing building it should have a site plan review.
Chair Christy said that the ordinances allow it.
Councilor Spencer said that he would like to see it run its course. It is an existing building in the right zone.
Councilor Pomerleau said that if the prior business was only open until 9:00 pm this new business should have the same restriction. He said that at his business he has certain number of hours that he can run the business based on the Planning Board requirements.
Councilor Simpson said that you can’t take the business to the Committee but you can take the issue to the Ordinance Committee. He said that anyone that goes in there has to meet the established site plan review.
Councilor Pomerleau questioned the drive through window.
Councilor Spencer said that if it goes to the Ordinance Committee it would be at least a three-month process.
Chair Christy said that there is nothing in the ordinance that regulates hours in the village center zone.
Councilor Nesbitt said that this has been approved by the Code Enforcement Officer based on his interpretation of the Code. He said that the license will expire in May and can be changed at that time.
Councilor Simpson said that you couldn’t change the hours at a later date.
Councilor Hopkins said that they didn’t make decisions on other businesses and maybe this needed a Code change.
Councilor Spencer said that the Code Enforcement Officer reviews this.
VOTE: 4 Yeas – 2 Nays, Pomerleau and Simpson
138-04 Application submitted by Kurt Cochran dba Rouge Paintball for a New Victualer’s License Located at 190 Northeast Road [Christy]
This item remained on the table.
NEW BUSINESS~~~~~~
159-04 Order Discontinuance of a portion of Boundary Road due to a realignment 0.34 miles Westerly of the Intersection of Oak Hill Road~ [Christy]
Moved by Simpson seconded by Nesbitt to dispense with the reading of the ordinance. (Unanimous)
Chair Christy asked if the Council wanted to vote on these items with one vote?
Councilor Simpson said that he had wanted to but two of the orderes needed to be amended.
VOTE: 6 Yeas – 0 Nays
160-04 Order Discontinuance of a portion of Boundary Road due to a realignment 0.34 miles Westerly of the Intersection of Oak Hill Road~ [Christy]
Moved by Simpson seconded by Nesbitt to dispense with the reading of the ordinance. (Unanimous)
VOTE: 6 Yeas – 0 Nays
161-04 Order Discontinuance of Portion of Middle Road due to an Intersection Realignment with Boundary Road [Christy]
Moved by Simpson seconded by Spencer to dispense with the reading of the ordinance. (Unanimous)
Moved by Simpson Seconded by Spencer and voted to amend the order as follows:
…..Right of Way Plan of Boundary Road to be recorded in Cumberland County Registry of Deeds Plan Book 204 Page 758. (Unanimous)
VOTE ON ORDER AS AMENDED: 6 Yeas – 0 Nays
162-04 Order Discontinuance of a Portion of Boundary Road due to an Intersection Realignment with State Route 113 (Pequawket Trail) [Christy]
Moved by Spencer Seconded by Nesbitt to dispense with the reading of the ordinance. (Unanimous)
Moved by Simpson Seconded by Spencer and voted to amend the order as follows:
…..Right of Way Plan of Boundary Road to be recorded in Cumberland County Registry of Deeds Plan Book 204 Page 758. (Unanimous)
VOTE ON ORDER AS AMENDED: 6 Yeas – 0 Nays
163-04 Order Discontinuance of a Portion of the Old State Highway Route 113 (Pequawket Trail) [Christy]
Moved by Spencer seconded by Nesbitt to dispense with the reading of the ordinance. (Unanimous)
Mr. Billington explained that the attorney had included a section of Route 25 in the order.
Councilor Pomerleau said that Capital Improvements had met to discuss the Route 113 portion of this order. He said that they are trying to help traffic issues at the restaurant.
Moved by Simpson Seconded by Spencer to delete the section regarding Route 25. (Unanimous)
VOTE ON ORDER AS AMENDED: 6 Yeas – 0 Nays
164-04 Authorize Town Manager to Execute Documents Regarding the Acquisition of Land from Steep Falls, LLC [Christy]
Moved by Spencer seconded by Simpson to dispense with the reading of the ordinance. (Unanimous)
VOTE: 6 yeas – 0 Nays
165-04 Authorize Town Manager to Take Action Regarding Chadbourne’s Landing [Hopkins]
Moved by Hopkins Seconded by Simpson and Voted to table this item until the next meeting. (Unanimous)
166-04 Town Council Appointment – Various Committees [Nesbitt]
Moved by Nesbitt Seconded by Hopkins to amend the order as follows:
Appoint Mary Cathy Steele to the Special Review Board through June 2007. (Unanimous)
Councilor Spencer questioned what the Special Review Board did?
Councilor Nesbitt explained that they approve by permit all special and hazardous waste applications.
Councilor Pomerleau said that this ordinance needed to be reviewed.
Councilor Hopkins said that Councilor Lymburner’s plan is to review the ordinance.
VOTE ON ORDER AS AMENDED: 6 Yeas – 0 Nays
167-04 Emergency Amendment to General Assistance Ordinance – Fee Schedule - Maximum Assistance Amount for Recipients [Christy]
Moved by Spencer seconded by Simpson to dispense with the reading of the ordinance. (Unanimous)
Town Manager Gordon Billington explained this is a yearly process to approve DHS schedules. Housing assistance is pending but food assistance is available.
VOTE: 6 Yeas – 0 Nays
168-04 Amendment to General Assistance Ordinance – Fee Schedule - Maximum Assistance Amount for Recipients (Introduction) [Christy]
Moved by Spencer seconded by Simpson to dispense with the reading of the ordinance. (Unanimous)
Moved Seconded and Vote to move this item to First Reading at the November meeting of the Council. (Unanimous)
169-04 Amendment to Standish Town Code, Chapter 181, §§ 181-3 and 181-14(c), to Clarify the Standards to be Applied by the Planning Board in Reviewing Back Lots/Private Ways (Introduction) [Spencer]
Moved by Spencer seconded by Simpson to dispense with the reading of the ordinance. (Unanimous)
Councilor Spencer explained that the only change is to this is what personnel review the private road standards.
Chair Christy read a letter from Wayne Newbegin which noted his thoughts regarding the financial burden that he thought would be placed on the landowner. The letter is on file at the Town Clerk’s Office.
Councilor Spencer said that this would relax the standards. He said that if a third lot is on a private road the road needs to be brought up to town road standards.
Town Manager Gordon Billington said that the standards have been in place for about fifteen years. There are some that would like the standards revisited. This does not change the standards just the level of approval. The standards were reviewed earlier this year and it was decided not to change anything at that time.
Moved Seconded and Vote to move this item to First Reading at the November meeting of the Council. (Unanimous)
170-04 Property Tax Abatement – Shane [Simpson]
Councilor Simpson said that this is the recommendation of the Finance Committee the property was assessed in error.
VOTE: 7 Yeas – 0 Nays
171-04 Accept Grant Funds from Homeland Security Funds [Christy]
Moved by Spencer seconded by Simpson to dispense with the reading of the ordinance. (Unanimous)
Chief Butkus explained the equipment that was to be purchased. The funds are made available through Homeland Security. The grant encouraged the purchase of radios and other type of communications enhancements. Chief Butkus explained the various equipment that was being obtained. This is the first year that we have reviewed funds and just have discovered that we are eligible for funds in the future.
Councilor Pomerleau questioned the radio tower that was build at the municipal building and now we have to add to it. He said that he thought that the Department has done testing when the tower went up and resolved all issues.
Chief Butkus said that a study was done. The repeater was added and the radio coverage was enhanced, however, there are still some dead spots that these grant funds will help.
VOTE: 6 Yeas – 0 Nays
172-04 Waive No Parking Restriction on Saco Road for the Annual Craft Fair held by the Trustees of the Old Red Church [Hopkins]
Councilor Simpson asked who was responsible for covering the signs.
Roger Mosley said that the coordinator of the event was.
VOTE: 6 Yeas – 0 Nays
173-04 Reduce Performance Guaranty – Gilbert Homes – Saco River Bound Subdivision [Christy]
Roger Mosley explained that the order needed to be amended to change the amount.
Moved by Simpson Seconded by Hopkins and Voted to amend the order as follows:
…be reduced by $172,700 $144,675, upon recommendation….
174-04 Acceptance of Street Name [Christy]
Moved by Hopkins Seconded by Simpson and Vote to amend by adding the word way to the street name. (Unanimous)
VOTE ON ORDER AS AMENDED: 4 Yeas – 2 Nays, Christy and Spencer
PUBLIC ITEMS
Dave Thomas noted that he would like to have an update from the Council in the future regarding the following items:
Community Center Building Survey
Range Roads
Sebago Lake Sidewalks
He questioned the policy of police and fire safety passing school busses.
Councilor Christy said that they all must stop.
ANNOUNCEMENTS
Several upcoming meetings were announced.
EXECUTIVE SESSION (S)
An executive session was not needed at this meeting.
Moved by Seconded and Voted to adjourn. The meeting adjourned by unanimous consent at 9:35 pm.
Submitted by: _________________________
Clerk/Secretary
| 
