DRAFT - MINUTES ARE NOT OFFICIAL UNTIL
APPROVED BY THE TOWN COUNCIL--DRAFT
MINUTEST
TOWN COUNCIL MEETING
STANDISH, MAINE
TUESDAY, DECEMBER 14, 2004 - MUNICIPAL CENTER 7:00 PM
CALL TO ORDER
Pledge of Allegiance was recited.
ROLL CALL
Councilors present: Hopkins, Lymburner, Nesbott, Pomerelau, Spencer. Councilors Christy and Simpson were excused.
MINUTES OF PREVIOUS MEETING (S)
The minutes from the November 9th meeting were accepted as presented by unanimous consent.
PETITIONS AND COMMUNICATIONS
Vice Chair Spencer noted that he had received a call from Joan Richardson who is collecting toys that will be donated to the Barbara Bush Children’s Hospital. Interested parries can contact Mrs. Richardson to make a donation.
REPORT OF THE TOWN MANAGER
Town Manager Gordon Billington explained that Captain Kevin Joyce representing the Cumberland County Sheriff’s Department would present the departmental report this evening. Captain Joyce explained that the Sheriff’s Department recently purchased five taser units that will be used by the deputies. One of these tasers will be used by the Standish patrol. Captain Joyce explained the merits of the taser and expected it to be a great asset to the Department.
Councilor’s questions included cost, how it will be used in Standish, will more be purchased in the future, injuries related to its use, crowd control issues, why is it needed in Standish.
The taser unit was examined by the Council.
PUBLIC HEARINGS
168-04 Amendments to General Assistance Ordinance – Fee Schedule - Maximum Assistance Amount for Recipients [Christy]
Councilor Spencer explained that this ordinance updates the fee schedule which follows the Department of Human Services guidelines.
After a Public Hearing without additional Council or Public discussion the above titled ordinance was approved, effective immediately and the hearing was closed.
A copy of the ordinance is on file at the Town Clerk’s Office.
VOTE: 5 Yeas – 0 Nays
177-04 Application Submitted by Dawn Andersen dba the Healing Essence of Touch for Renewal of a Combined Massage Establishment/Therapist License at 80 Phinney Road [Spencer]
The secretary noted that the Health and Town Manager approvals had been completed.
After a Public Hearing without additional Council or Public discussion the above titled application was approved and the hearing was closed.
VOTE: 5 Yeas – 0 Nays
COMMITTEE REPORTS
Councilor Hopkins explained that the Personnel Committee will meet with the employees on December 20 as request by the Town Code.
Councilor Nesbitt explained that the Economic Development Committee met the senior tourism officer for the Maine Office of Tourism. He said that many local State Representatives were at the meeting and a good discussion regarding where the state was headed and how regional activities are intergraded. He said that this ties in with the Route 113 Corridor Committee efforts.
Councilor Nesbitt said that the Route 113 Corridor Committee will meet on January 12 and will discuss two items that will impact Standish. One is the upper end of the Mountain Trail. A grant has been received to inventory businesses in that area that would be supported by the trail. There will also be discussion of a community development grant that will be available for use by three communities. He said that he would like to schedule a workshop discussion regarding this topic in January.
Councilor Pomerleau said that the Capital Improvements Committee met and discussed GASB 34, Unit 3, and the pumper truck. He noted that the pumper truck may be an even trade for another truck as temporary measure. He explained that the 1997 Chevrolet plow truck was put out to bid; however, no bids were received. The Council then did an order was done for authorizing the outright sale of the truck. The truck was not sold at that time. In May of 2004 an order was approved that allowed the Public Works Department to use the truck until the fall; when it would be revisited. He said that the use of the vehicle has been a benefit to the department as a supplemental vehicle. He said that he would like to recommend that the truck stays in the Public works department. He went on to say that the Public Works
Department has done a great job on the salt/sand storage shed. He said that Public Works has also made improvements at Chadbourne’s Landing.
Councilor Pomerleau said that the Community Center Building Committee met this week and are reviewing locations suitable for the community center. The committee hopes to be very active and bring information forward to the Council in September.
Councilor Lymburner asked that Councilor Nesbitt note the date of the Route 113 Corridor Committee.
Councilor Nesbitt said January 12 at Brownfield Town Hall beginning at 6:00 pm.
Councilor Pomerleau asked for feedback on the truck. He said that he wanted to make sure that if any Councilors had reservations about this it could be discussed now.
Councilor Hopkins said that it should go to Public Works until this budget period and look at it as part of the budget process.
Councilor Pomerleau mentioned that this is a backup vehicle.
Councilor Hopkins said that in the past we have kept vehicles long past their usefulness and it ends up costing the Town money
Councilor Lymburner said that in the meeting it was discussed that some thought that this is adding another vehicle to the fleet and once this wore out it would have to be replaced. She said that they were assured that was not the case. She said that she agreed that it should be part of the upcoming budget process.
Councilor Hopkins said the voters voted with a specific understanding.
CONSENT CALENDAR
No 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]
This item remained on the table.
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]
Moved by Hopkins Seconded by Lymburner and Voted to dispense with the reading of the order. (Unanimous)
This item remained on the table.
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 (Tabled at the 11/9/04 meeting) [Spencer]
Moved by Lymburner Seconded by Nesbitt and Voted to dispense with the reading of the order. (Unanimous)
This item remained on the table.
NEW BUSINESS
178-04 Resolution Congratulating the Bonny Eagle Football Team for their 2004 Championship Season [Simpson]
VOTE: 5 Yeas – Nays
179-04 Town Council Appointments to Various Boards and Committees [Nesbitt]
Moved by Nesbitt Seconded Lymburner and Voted to amend the order by adding the following names to the order:
Valerie Raymond to the Recycling Committee
Martha Hurd-Call to the Community Center Committee until the mission of the Committee is complete
Mary Chapman as Registrar Voters through January 2007 (Unanimous)
VOTE ON ORDER AS AMENDED: 5 Yeas – 0 Nays
180- 04 Authorize Agreement with Animal Refuge League [Nesbitt]
Councilor Nesbitt said that the current contract with Little Paws expires January 1. The options are to renew the Little Paws agreement or go to the Animal Refuge League.
Gordon Billington explained that there have been a few issues with Little Paws. The owner advises us that she is not set up to collect and submit to the Town the impound fee funds. He noted that we have not been getting the reports on the number of animals that is required under the contract. There is also capacity issue at Little Paws. The Animal Refuge League will collect and remit to the Town the impound fees and they have an on call veterinarian available for their use. The ACO recommends that we go to the Animal Refuge League.
Councilor Nesbitt noted that there is an increase in the cost. He said that it is his opinion that we should go back to the Animal Refuge League.
Councilor Lymburner quested where would the additional funding for this come from.
Gordon Billington said that we would have to absorb this increase.
Councilor Hopkins said that she was concerned that Little Paws had met their financial obligation to the Town.
Gordon Billington said that we have not received funds and we do not have the number of animals that they have had at their facility.
Councilor Hopkins said that she would like to have a follow up on this issue.
VOTE 5 Yeas – 0 Nays
181-04 Award Bid and Authorize Use of Town Council Contingency for Range Roads Survey [Pomerleau]
Councilor Pomerleau said that this was the only bid that was received.
Gordon Billington said that the Council appointed a Roadway Planning Committee that reviewed the roads in the Town of Standish. They concluded their report this spring. He explained that in the 1700’s the proprietors laid out the town it was done in a grid network. They were laid out in 100 acre lots with rangeways or proposed roads to be developed to allow access to those parcels. Some rangeways were developed into roads some were not. The rangeways were original proposed as easements for the town to develop. The Committee recommended that the Town pursue those rangeways that they thought in the Towns best interest and to accept them and establish the easements. The first step would be to review the village center network. Which is located in Standish village area. This survey will
review the area to assure that there were not any encroachments. There would be public hearings and notices to the abutters. The survey should be completed this spring.
Vice Chair Spencer said that there is proposed development in that area and there is a rangeway that passes in that area.
Gordon Billington said that the Roadway Planning Committee had looked at the rangeway that goes through Colonial Market Place. He said that Councilor Lymburner suggested that we review all the roads down to Randall and Blake Roads.
Moved by Lymburner Seconded by Pomerleau and Voted to amend the order as shown:
William Orr said that he had a problem with these types of thing. He said that they take on a life of their own. Hs said that we have a budget process and if this doesn’t comply with the budget it should wait. He said that it has been kicking around for three years so it can wait for another four months. He said put it in the budget process rather that taking these slush funds to pay of this.
VOTE ON AMENDMENT:
ORDERED that $3,000 3,500 is to be transferred from Town Council Contingency (account number 140-9000) to the Planning Contractual (account 160-2090), and (Unanimous)
Councilor Lymburner said that she is in favor of passage of this order. It is the culmination of many years of work of two committees. Completing this survey is an important step in completing the process. She said that we have the money in contingency for this.
Councilor Hopkins said that a follow up to Mr. Orr – this hasn’t been hanging around. This has been a very active Committee that exceeded the expectations from a time prospective. She said that it is exciting that we are at this point; we did the best we could to estimate. She said that it is critical that we move on this now. She said if we wait through the budget process this will take another eight months to get started.
Councilor Pomerleau said that he agreed and there is the potential for growth in that area.
VOTE ON ORDER AS AMENDED: 5 Yeas – 0 Nays
182-04 Waive Bid Requirements and Authorize Direct Sale of Town 1980 Ford/Middlesex Pumper Truck [Pomerleau]
Moved by Lymburner Seconded by Hopkins to dispense with the reading of the order. (4 Yeas – 1 Nay, Hopkins)
Councilor Pomerleau said that we had talked about this earlier. This truck was recently used at a fire, it failed and a couple of firefighters were almost injured. This truck has a gas motor and recently at fires it has had problems. He said that right now it carburetor needs work and that could cost up to $1,000. This truck is scheduled to be taken from service in about six months. It is felt that it is a hazard; it takes about $100 worth of gas every time it goes out. The tires will be removed and replaced with junk tires. The reason to waive the bid is because there is the possibility that this can be traded to a company in Massachusetts for another vehicle which can be used for a time by the Town.
Vice Chair Spencer said that according to the Committee no one would want this vehicle.
Moved by Hopkins Seconded by Lymburner and Voted to amend the order as shown:
WHEREAS a better value for the 1980 Ford/Middlesex Pumper will be obtained by selling it as scrap on the open market, and
BE IT ORDERED that the sealed bid process for sale of the 1980 Ford/Middlesex Pumper is hereby waived, and
FURTHER ORDERED that the Town Manager is authorized to sell dispose in the best interest of the town the 1980 Ford/Middlesex Pumper. for scrap. (Unanimous)
William Orr said that the Charter has a method on how to deal with these issues. He said he didn’t know why we don’t follow the Charter or change it. He said that there was a Charter change and it was voted down. He said that they should live within the Charter and follow its procedures. He said that his other question was if someone almost got hurt why didn’t we spent the $800 when that happened. Why are we allowing these items to become in disrepair?
Councilor Pomerleau said that he had a hard time spending $1,000 a truck that is going to bring $600 on the sale of the truck.
Councilor Hopkins said that we are following the process – the Charter allows the Council to waive the bid process.
Vice Chair Spencer said that this truck is due to be traded. By this truck failing two firefighters could have been hurt. It was immediately taken out of service. We do have a new truck coming to replace it. He said that in his opinion putting money into this not the right thing to do.
William Orr said why it comes to this point so someone is put into danger. He went on to say that he didn’t agree with waiving the bid process.
VOTE ON ORDER AS AMENDED: 5 Yeas – 0 Nays
183-04 Authorize Competitive Bid for Surplus 1998 Ford Crown Victoria [Pomerleau]
Moved by Lymburner to dispense with the reading of the order. (Motion was not seconded- Motion failed)
Councilor Pomerleau said that this is the oldest of this type of vehicle. He said the past practice it to move the oldest vehicle out of the fleet.
Councilor Hopkins wanted to make sure that this vehicle is disposed of.
Gordon Billington said that it was going away.
VOTE: 5 Yeas – 0 Nays
184-04 Reduce Performance Guaranty – Hartwell – Knights Woods Subdivision [Simpson]
Moved by Lymburner Seconded by Nesbitt to amend the order by adding the number $8,746.00 to the order. (Unanimous)
VOTE ON ORDER AS AMENDED: 5 Yeas – 0 Nays
PUBLIC ITEMS
Louis Stack said that yesterday there was a meeting held by the Community Building Study Committee in the Conference Room at the Town Hall. He said that it was his understanding that there was not prior notice to that meeting given. He said that may have been an unattended situation but once the members were told that it was not a meeting that had had proper public notice the members should have left. He said that they violated the people of the Town’s right to know. He said that he had wanted to attend these meetings. He said that it was important to him because of the duties of the Committee. He said that he wanted to attend these meetings to know what is going on. He said that he hoped that positive action would be taken so this wouldn’t happen again.
Councilor Pomerleau said that he was unaware of any conversation and was unaware of any problems.
Vice Chair Spencer said that Louis Stacks points were well taken.
Councilor Hopkins said that Mr. Billington had mentioned this earlier in the meeting. She said that maybe an update letter to committee members should go out to remind them of right to know rules.
Louis Stack wanted to know if the Personnel Meeting was open to the public.
Councilor Hopkins said that it would be, however, the public may not speak to issues.
ANNOUNCEMENTS
Several upcoming meetings were announced.
EXECUTIVE SESSION (S)
None needed at this meeting.
ADJOURN
Moved by Hopkins Seconded by Nesbit and Voted to adjourn. The meeting adjourned at 8:45 pm by unanimous consent.
Submitted by: _________________
Clerk/Secretary
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