DRAFT—MINUTES ARE NOT OFFICIAL UNTIL
APPROVED BY THE TOWN COUNCIL--DRAFT
MINUTES
TOWN COUNCIL MEETING
STANDISH, MAINE
TUESDAY, NOVEMBER 9, 2004 - MUNICIPAL CENTER 7:00 PM
CALL TO ORDER
Pledge of Allegiance was led by Boy Scouts of Troop 76 of Standish. The following scouts were at the meeting: Corey McGrath, Andy Wright, Donald Hildreth, Mike Lennox, and Corey Burns.
Chair Christy asked which merit badge they were working on.
He was told that the badge was for Citizenship in the Community.
Chair Christy explained that the Town Council is elected by the people to represent them in doing the best for the Town. He said that their duties include a multitude of activities and responsibilities. The Town Council’s duties include budget development, road maintenance, solid waste and many other items.
ROLL CALL
Councilors present: Christy, Hopkins, Lymburner, Nesbitt, Pomerleau, Simpson and Spencer.
MINUTES OF PREVIOUS MEETING (S)
Moved by Hopkins Seconded by Simpson and Voted to approve the minutes from the October 12 and October 26 meetings. (Unanimous)
PETITIONS AND COMMUNICATIONS
There were no petitions or communications at this meeting.
REPORT OF THE TOWN MANAGER
Gordon Billington spoke on the following items:
· The Town went live with accepting payments with credit cards for the payment of taxes, recreation and EMS fees. This program is available through the Town’s web site. To date, five people have used the service.
· The Finance Director tracts cash flow for the Town. Tax collection is the largest source of revenue twice a year, but bills come in every month and we expend about a million dollars a month. The Finance Director projects cash flow so that we don’t end up in the red.
· The Public Works crew just finished paving the base coat of 2,500 feet of the Milt Brown. Another project that Public Works has done this year was the construction of a sand/salt storage facility which was approved by Council. Initial bids from contractors came in at up to $300,000. The Public Works crew took it on in house at about one third of the cost of private bids.
· The Recycling Committee will be in the schools this week providing recycling education. They will also be soliciting art work for the annual calendar.
· Fire Chief Craig Butkus will be leaving the Town’s employment and open house will be held on November 20th from ten o’clock 10:00 in the morning until noon in his honor. All are invited to stop by.
· An RFP is out for survey services regarding the Town’s range roads. The RFP deadline is November 20.
Gordon Billington introduced the Code Enforcement Officer Dan Hill who provided the Departmental report.
Dan Hill’s report included the make up of the Appeals Board and their duties. He explained how to apply for a variance or an administrative appeal and exactly what those items are.
PUBLIC HEARINGS
There were public hearings at this meeting.
COMMITTEE REPORTS
Councilor Simpson said that the Recycling Committee has received the draft back regarding the solid waste study and the committee will meet within the next two weeks with the engineer to go over the draft which will then go to a Council Workshop. He said that this is Recycling Week and we will sponsor the calendar program through the schools.
Councilor Spencer noted that the Ordinance Committee will meet next week to work on two new ordinances that came out of last months Council Workshop. He then asked Chair Christy to explain range roads.
Chair Christy explained that the Proprietors of the Town established these lands to be set aside for future town needs.
Councilor Pomerleau explained that Capital Improvements met on Monday and reviewed issues at the Saco River with over night camping. He said that the town is looking at a public parking area up there on land donated by Central Maine Power Company. Local resides will be included in the process. He said the Committee also discussed St. Joseph’s College desire to donate monies to the Town. The Committee reviewed the Chadbourne Road (Route 35) and White’s Bridge Road intersection. MDOT has listed this as a dangerous intersection and a turn lane is anticipated to be built there. The Committee is considering bidding out some surplus vehicles.
Councilor Lymburner questioned if we were going to bid out the plow truck?
Councilor Pomerleau said that he was not sure; it may be bid or sold.
Councilor Nesbitt announced that Economic Development had a joint meeting with the Comprehensive Planning Committee to discuss economic development issues. He noted that on November 17th the Route 113 Corridor Committee will meet. He went on to say the Lake Regions Chamber of Commerce will sponsor a workshop for small business owners relating to health insurance programs. This is open to all small businesses and additional information is available at the Town Hall. He explained that the Appointments Committee had an informational table at the polls on Tuesday. Approximately 100 informational sheets were taken out and interested persons can contact Mary for an application. He thanked all the Councilors for their help on Election Day.
Councilor Hopkins said that by Code the Personnel Committee will meet with employees in December to review compensation for the upcoming year. She went on to say that she had received an email from Mr. Lunt who is the Chair of the Portland Water District Steering Committee. The email noted that they would like to have the opportunity explain their position regarding the lease and use of their properties.
Councilor Nesbitt said that on November 22nd there is a meeting with a state representative regarding economic development at 2:30 pm at the town hall.
Councilor Simpson said that the first meeting of the Community Building group is on November 22nd this will be an organizational meeting and additional committee members are needed. He went on to say that members are also needed on the Recycling Committee. He invited anyone interested in viewing or judging the recycling posters can meet at the town hall on November 22nd at 6:00 pm.
Chair Christy said that he was very pleased to see Councilor Lymburner back. He said that in the time he spent at the polls he was encouraged at the number of applications that were taken out. He said kudos to the Comprehensive Planning Committees efforts at the polls trying to get the word out.
CONSENT CALENDAR
There were no consent items this meeting.
UNFINISHED BUSINESS
136-04 Application Submitted by Paul’s Food Center dba Sonny’s Variety for a New Victualer’s at 450 Northeast Road (Tabled 10/12/04) [Christy]
Moved by Simpson Seconded by Spencer to remove this item from the table. (Unanimous)
Councilor Lymburner asked if all the items had been corrected.
Gordon Billington noted that not all the inspections had been completed. He said that at last months meeting we received an engineering plan for the corrections.
Dan Hill said that he had not been contacted to make the inspection.
Moved by Simpson Seconded by Spencer and Voted to be tabled until the next meeting.
138-04 Application submitted by Kurt Cochran dba Rouge Paintball for a New Victualer’s
License Located at 190 Northeast Road (Tabled 10/12/04) [Christy]
This item remained on the table.
168-04 Amendment to General Assistance Ordinance – Fee Schedule - Maximum Assistance Amount for Recipients (First Reading) [Christy]
Moved by Spencer Seconded by Lymburner to dispense with the Clerk’s reading of the Ordinance. (Unanimous)
Gordon Billington explained that each year the Town has to adopt the state guidelines for General Assistance to be in compliance with the laws. This was passed as an emergency ordinance last month and this is the second step in the legislative process.
Moved Seconded and voted this item on to Public Hearing at the December 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 (First Reading) [Spencer]
Moved by Spencer Seconded by Lymburner to dispense with the Clerk’s reading of the Ordinance. (Unanimous)
Councilor Spencer said that this amendment is a change is a procedural manner in which back lots are approved for single family residents. Previous approvals have been granted by the CEO and Public Works Director. After review of the ordinance by the Towns attorney, the Town has been advised that more appropriate agency to issue approvals should be the Planning Board. He said that this does not change the standards just the approval agencies. He noted that this did not come out of Committee with unanimous approval.
Moved by Lymburner Seconded by Spencer to indefinitely postpone this item.
Councilor Lymburner said that the whole issue of private roads is being discussed by the Planning Board in workshop. She said that there is a joint Planning Board / Ordinance Committee meeting scheduled to discuss private ways.
Councilor Spencer said that in December we will discuss this back lot issue at the Council workshop.
Councilor Simpson said that from what he has just heard if it goes back to the Planning Board and is discussed and work it out, but if you indefinably postpone this it will kill it for a year. He said that the motion should be to table it.
Wayne Newbegin of Harmon’ s Beach Road explained that he is a back lot and private way owner. He said that this change would be a great financial hardship to anyone trying to put a driveway or road in to a back lot. We asked to have this sent back to committee for review. It was his opinion that Section 5 is what is new and creates the potential financial issues.
Councilor Spencer said that originally this was handled by the Code Enforcement Officer and Public Works Director. He said that he wasn’t sure if the reason for the change came from personnel or from the Town attorney. He said that the third house off a road triggers these road standards. He said that the Planning Board fees would be higher than what is presently being charged.
Mr. Newbegin said that he was not sure why subdivision standards needed to be used on private roads.
William Orr asked why the Planning Board would be doing this. He said shouldn’t there be an ordinance directing the Code Enforcement Officer on how to handle these roads.
Councilor Lymburner wanted more explanation on how this works; presently a customer draws the information and presents it to the Code Enforcement Officer. If this changes, the person will pay a fee to go to the Planning Board. Items presented to the Planning Board will have to be drafted by an engineer, provide thirteen copies and perhaps assess an impact fees or additional engineering services. She questioned if this was indefinably postponed if it was really killed for a year. She said that her intent was to send it back to committee.
Chair Christy said that the proper thing to do would be to send it to committee.
Gordon Billington said that he would support tabling this to committee where additional work could be done. He said that he would like to point out that the standards do not change this ordinance has been on the books for fifteen years.
Councilor Pomerleau asked how it got here to begin with if the Ordinance Committee didn’t want it how did it get this far.
Chair Christy said that this has been an issue for a number of years; it was discussed by the Ordinance Committee at great length. He said that Councilor Spencer thought that it needed to be moved on to the Council to react to it.
Councilor Spencer noted that there were two issues regarding back lots, the standards which have never changed and we do have an ordinance administrated by the Code Enforcement Officer and Public Works Director. If this is to be handled by the Planning Board it will be treated like a subdivision. This change only puts the authority to the Planning Board. He said that as far as he was concerned it would not come out of committee unanimous the next time.
Councilor Lymburner said that is change is really only dealing with the authority not the standards. Maybe this order should be killed.
Councilor Spencer said that if this is killed it will revert to the way it is done now.
Councilor Lymburner said that she was still not clear if it should be tabled or postponed.
Chair Christy said that if this was indefinably postponed it would disappear for a year. He said that if it was tabled it could go back to committee and Planning Board discussion.
Councilor Hopkins said that she recommended that the item be tabled to go back to committee to be reviewed and come back with this order or a different order.
Councilor Nesbitt said that this would put work on the Planning Board and if there had been no discussion with them as to if they want to have this responsibility. He would like to see if go back to committee.
VOTE ON MOTION TO INDEFINITELY POSTPONE: 1 Yea, – 6 Nays, Christy, Hopkins, Lymburner, Nesbitt, Pomerleau, and Simpson.
Moved by Simpson Seconded by Pomerleau to lay this item on the table.
Councilor Lymburner asked for clarification on the tabling motion, could it be sent to committee if it was tabled?
Chair Christy said that it could.
VOTE ON MOTION TO TABLE THIS ITEM: 7 Yeas - 0 Nays
Moved by Hopkins Seconded by Simpson and Voted to take items 175-04 and 176-04 out of rider. (Unanimous)
NEW BUSINESS
175-04 Reduce Performance Guaranty – Michael York – Burning Rose Development Subdivision [Christy]
Moved by Simpson Seconded by Lymburner to amend the order by adding the amount of $13,148.61 to the order.
Roger Mosley recommended that since this is the final release of funds the order should be changed to say reduce to zero.
Councilor Simpson asked for approval to withdraw his motion. (Unanimous)
Moved by Simpson Seconded by Hopkins and Voted to reduce this account to zero. (Unanimous)
Mike York asked that the Council review the policy and recommended a written policy so the developer knows the process.
Gordon Billington said that this can be presented to the Ordiance Committee.
VOTED ON ORDER AS AMENDED: 7 Yeas- 0 Nays
176-04 Reduce Performance Guaranty – Donald Gilbert – Saco River Bound Subdivision [Christy]
VOTE: 7 Yeas – 0 Nays
ANNOUNCEMENTS
Scout Master Brinks thanked the Council for the opportunity to be at the meeting.
Several upcoming meetings were announced with the following changes:
Councilor Nesbitt Appointments Committee meeting will be scheduled. Councilor Spencer suggested that the private way workshop be handled in January with the Planning Board. Councilor Hopkins said the solid waste items could be discussed on December 14 at a Special workshop. The Budget Committee will meet on December 13th at 7:00 pm and the second Monday of each month.
Councilor Lymburner noted that the tax rebate forms are available at the Town Hall.
Moved by Hopkins Seconded by Pomerleau and Voted to move into Executive Session for the discussion of a real estate matter.
Moved Seconded and Voted to arise from Executive Session. The Council arose from Executive Session at 8:25 pm.
UNFINISHED BUSINESS CONTINUED
165-04 Authorize Town Manager to Take Action Regarding Chadbourne’s Landing [Hopkins]
(Motion to Reconsider)
Moved by Lymburner Seconded by Spencer to dispense with the Clerk’s reading of the order. (Unanimous)
Louis Stack questioned the removal of rocks were they talking about the wooden barrier that is there.
Chair Christy said it was the timber fence.
VOTE ON MOTION TO RECONSIDER: 0 Yeas – 7 Nays, Christy, Hopkins, Lymburner, Nesbitt, Pomerleau, Simpson and Spencer.
Moved by Spencer Seconded by Simpson and Voted to adjourn. The meeting adjourned at 8:30 pm by unanimous consent
Patricia Hildreth said that she has had long time problems with water issues at her home.
Chair Christy said that she should contact the Town Manager to discuss this issue.
Submitted by:_________________________
Clerk/Secretary
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