DRAFT--MINUTES ARE NOT OFFICIAL UNTIL APPROVED BY THE TOWN COUNCIL--DRAFT
MINUTES
TOWN COUNCIL MEETING
STANDISH, MAINE
TUESDAY, JANUARY 11, 2005 - MUNICIPAL CENTER 7:00 PM
CALL TO ORDER
Pledge of Allegiance was recited.
ROLL CALL
Councilors present: Christy, Hopkins, Lymburner, Nesbitt, Pomerleau, Simpson, and Spencer.
Chair Christy said that he wanted to wish everyone a happy new year. He thanked the Council and Committee members for their hard work throughout the year.
MINUTES OF PREVIOUS MEETING (S)
Moved by Simpson Seconded by Hopkins and Voted to accept the minutes from the December 14th meeting. The minutes were accepted as presented by unanimous consent.
PETITIONS AND COMMUNICATIONS
There were no petitions or communications at this meeting.
REPORT OF THE TOWN MANAGER
Ø Managers update noted that the Governor appointed a select committee to look at property tax reform legislation that he introduced. The committee has finished and passed their findings and sent a report to the full Legislature with a ought to pass. They are proposing to delay the implementation of Question 1’s fifty-five percent of funding to K-12 for four years. There would be some amount this year but it would be ramped up over a four year period. They would propose implementing a system of spending limits that would apply to all layers of government in the State. They would propose expanding the circuit breaker program and the homestead
property tax relief program. They would modify the municipal revenue sharing program. They plan to change the homestead property tax; they would increase the homestead to $13,000 but require municipalities to pay for half of that. They proposed several constitutional amendments that could change the method of assessing at the local level. This particular proposal doesn’t provide overall property tax relief, but redistributes property tax at the local level. It does not implement Question 1 as it was passed because it delays the implementation. It also only implements support for essential services not for the total cost of K-12. He said that if you are interested in that bill or commenting to your Legislators now would be the time because it goes to the full legislature for the vote. He said the EPS law or the Essential Services and Programs which would fund education in the future would do so at the local level at a per pupil
count. He noted that Frye Island has no pupils so in effect they would not have to support K-12. That would disagree with the private and special law under which they seceded from the Town of Standish in 1997 which required them to continue to remain with SAD 6 and pay their proportionate share of costs. That was brought to the attention of the Legislators and it was hoped that it would be modified or added to LD 1, but it has not been. He said that we are encouraging our legislators to insure an amendment to this legislation does reflect the agreement regarding Frye Island’s secession agreement to support K- 12 education.
Mr. Billington explained that there would be two presentations from town staff, the first will be an update from the Public Works Department.
Ø Departmental Report – Public Works
Director of Public Works, Roger Mosley presented the highlights from the past ten years of the department. He noted the staffing changes, daily work, and milestones of the past.
Ø Audit Presentation – Town Auditor and Finance Director
Finance Director Richard Lagarde and Don Talbot representing Berry Fowles the Town’s accounting firm presented a PowerPoint presentation which showed the towns compliance with the GASB34 accounting requirements.
Councilor Lymburner questioned the Manager regarding the legislative initiatives especially the circuit breaker and homestead increases are good, but the Town having to pay part of the exemption is extra bookwork. She said that it didn’t make sense to do that. She went on to thank Roger Mosley and the crew for their efforts. She said that she did have one question for Don regarding the information on page 44 which says it’s the final budget.
Don Talbot said that the final budget means the original budget and two supplemental town meetings which roll into the final budget.
Councilor Lymburner asked if the “actual” is what we bring in for revenues as compares to what the final budget is which includes all the town meetings.
Mr. Talbot said that was right.
Councilor Lymburner questioned other financing sources, she said in the final budget is has a figure of $661,000 use of surplus. She said is that what we put in the budget to be used out of surplus?
Don Talbot said that was done to help balance the budget.
Councilor Lymburner said that under actual it says zero, does that mean that we didn’t use the money?
Don Talbot said that no, it is governmental accounting in which you let the actual number fall the way that they are and that closes the fund balance. He said that this is more than a two minute answer but would be happy to sit down with them and explain the question. He said that they used about $500,000 of the $661,000.
Councilor Lymburner said that she would like this topic as a workshop agenda item.
The Council took a five minute recess at this time.
PUBLIC HEARINGS
01-05 Application Submitted by Gerard P. Giguere, Jr. and Patricia M. Giguere dba Giguere’s Wildwood Function Center for Renewal of State Bottle Club Registration [Christy]
After a Public Hearing without Council or public discussion the above titled application was approved and the hearing was closed.
VOTE: 7 Yeas – 0 Nays
02-05 Application Submitted by Donna and Bryan Kenison dba A Head Above, Inc. for a new Massage Establishment License Located at 30 Northeast Road [Christy]
After a Public Hearing without Council or public discussion the above titled application was approved and the hearing was closed.
VOTE: 7 Yeas – 0 Nays
03-05 Application Submitted by Jeanna W. Day for a new Massage Therapist License for Employment at A Head Above, Inc. Located at 30 Northeast Road [Christy]
After a Public Hearing without Council or public discussion the above titled application was approved and the hearing was closed.
VOTE: 7 Yeas – 0 Nays
04-05 Application Submitted by Ashley B. Pappalardo for a new Massage Therapist License for Employment at A Head Above, Inc. Located at 30 Northeast Road [Christy]
After a Public Hearing without Council or public discussion the above titled application was approved and the hearing was closed.
VOTE: 7 Yeas – 0 Nays
COMMITTEE REPORTS
Councilor Nesbitt explained that the Route 113 Corridor Committee meeting has been postponed. They were to discuss the Mountain Trail and inventory Route 113 in conjunction of use of the trail and some of the economics and social aspects of that. He said as part of that there will be discussion on the community block development for the inventory study. The deadline for the grant application is March 1st.
Councilor Nesbitt said the Appointments had some interest at the end of the year for various boards, but there are still openings. He said that his committee needs guidelines on the Comprehensive Plan appointments.
Chair Christy said that there are still openings and it needs to be an ongoing process to get board members.
Councilor Nesbitt said that there will be an appointment to the Community Building Committee but there still is an opening on that committee and others.
Councilor Pomerleau said that Capital Improvements met to discuss bid proposals, the ten year plan on roads, they looked at some individual roads that need straightening. He said that he would like to thank Roger Mosley for all his hard work. He said that he wanted everyone to understand that we saved a quarter of a million dollars by constructing this building ourselves. With this and other savings this committee and the department has done a great job for the Town.
Councilor Simpson said that the Community Center Group will be meeting on January 19 at 6:30. He went on to say that the Recycling Calendar had been delayed due to the printing being done on the States timetable. He said that at the next workshop RWS representatives will be there to discuss solid waste issues.
CONSENT CALENDAR
There are no consent items at 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 and Voted to remove this item from the table. (Unanimous)
Sonny Witham speaking regarding the work that had been done and still needed to be done before the business could be opened. He said that all of the items had been taken care of other than two items which are a furnace vent and a vent for the kitchen equipment. He said that he has a statement verifying what work has been completed and he has secured a contractor to come and review what is left to be done. He said that they should complete the work within the next two weeks and would like to get in the process of getting the licenses in place so they can open the store by February 1st. He gave a copy of the information to the Town Clerk.
Councilor Spencer said that since most of the items had been completed he would make a motion to approve this application pending the necessary departments signing off.
Chair Christy said that the way that it is written will cover the situation.
Mr. Witham said that there are two items left a vent for the furnace and a vent for the kitchen equipment.
Councilor Lymburner said that she didn’t see why we had to approve it tonight. She said that the next Council meeting is just a week after the first of the month. She said that this building has had many issues that needed to be corrected. She said that she would like it tabled for one more month.
Councilor Pomerleau questioned if the State Fire Marshall had signed off.
Mr. Witham said that he had spoken with the Fire Marshall and received the documents from the architect.
Councilor Pomerleau said that issues regarding the furnace are a serious issue.
Councilor Hopkins said that this order was originally tabled because of the number and scope of the problems. She said that in listening tonight this gentleman has two more items to correct and the order says upon the approval of the Code Enforcement Officer ….. She said that she was uncomfortable in deciding herself personally if this gentleman will get the items completed. She said if he can get the sign off of our safety people before February 1st and open that would be great.
Councilor Pomerleau asked if the work that has been completed had been inspected yet.
Mr. Witham said not yet but he has had contact with the Fire Department Personnel.
Mr. Billington noted that he could contact Mary when he was ready for inspections and she would set up the inspections.
VOTE: 7 Yeas – 0 Nays
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.
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]
This item remained on the table.
NEW BUSINESS
05-05 Authorize the Windham Rotary Club to Utilize the Town of Standish Right-of-Way at the Boat Launch for Annual Ice Fishing Derby [Christy]
Donal Drew said that the in the past the Rotary Club has been granted this permission and they are licensed to use Sebago Lake for the derby.
Councilor Hopkins asked if they had approached the Water Distinct for this event.
Donal Drew said that the Rotary Club works closely with the District.
VOTE: 7 Yeas – 0 Nays
06-05 Authorize Standish Sno-Seekers to Utilize the Town of Standish Right-of-Way at the Boat Launch for Trail Rally [Christy]
Moved by Spencer Seconded by Simpson and Voted to dispense with the reading of the order. (4 Yeas – 3 Nays, Hopkins, Lymburner and Nesbitt)
Councilor Spencer said that he would like to clarify the reason for waiving the reading. He said that this is a repeat of a item that we do each year.
Councilor Nesbitt said that this is a recreational activity that the public should be aware of. He then noted the dates involved.
VOTE: 7 Yeas – 0 Nays
07-05 Amend Managers Contract [Hopkins]
Councilor Hopkins said that the contract for the manager will be reviewed this year but it came to their attention that Mr. Billington is on his forth year now when you look at similar positions in other towns the vacation time is anywhere from four to six weeks of vacation. The personnel committee suggested to amend the existing contract which expires June 30, 2005. Then negotiate the new vacation time in the upcoming contract.
08-05 Award Bid and Authorize Contract for Life Pak 12 [Pomerleau]
Councilor Pomerleau said that they come in with the lowest bid and in the past they have provided great service.
VOTE: 7 Yeas – 0 Nays
09-05 Town Council Appointment to Comprehensive Planning Committee [Nesbitt]
Moved by Nesbitt Seconded by Hopkins to amend the order to add the name of Susan Walker to be appointed to the Community Building Committee. (Unanimous)
VOTE ON ORDER AS AMENDED: 7 Yeas – 0 Nays
10-05 Authorize Submission of Application for a Planning Grant Under the Fund for Efficient Delivery of Municipal Services [Christy]
Chair Christy said that this is an innovative approach to a longtime issue. He said that this is a good opportunity for the town to lead in this area.
Mr. Billington said that when Question 1 passed there were several other items in that referendum question which included a request of the legislature to investigate overall tax reform but also to create efficiency funds for schools and municipal governments. The efficiency funds for local governments were to be funded through municipal revenue sharing. The Governor grabbed that idea and passed a law prior to the enactment of Question 1 which called for the very same thing.
The Town received grant application information late in the fall and were not sure of the deadline. In December we found that the deadline is January 14 therefore the short time to the Council. He said that the Town has been in communications with surrounding towns discussing sharing financial services. GPCOG will assist in preparing the application with us and developing a study to look at efficiencies in not only the financial area but other areas as well. We would first apply for the planning grant, if we receive that then COG would lead us in the process. He said that there are no financial implications to the Town and no jobs will be created because of this grant.
Mike Mooesset asked what was the implementation timeline.
Mr. Billington said that the submission date is January 14. He said that there is no deadline for the final plan. Mr. Billington said that it would at least be in 2006.
Councilor Nesbitt asked if each town had to submit for the $10,000.
Mr. Billington said that Standish would be the lead community to submit the grant on behalf of the other communities.
Councilor Nesbitt asked if this grant is successful would it help with other grants.
Mr. Billington said that the grants are separate.
Councilor Lymburner said that we are in danger of losing funds if we don’t active move in that direction. She asked if this would show that Standish is moving in that direction.
Mr. Billington said that it would.
Councilor Hopkins said that the grant application will pull the proposal together for a cost savings initiative. Then the proposal will be submitted for the next step for the $200,000 grant which would actually help the implementation. She said that with the SAD and surrounding towns have done a lot of cost savings measures. She questioned will items already in place count in our favor with this law?
Mr. Billington said that is a good question, we are in the school district, we share a fire barn with Gorham, so the Town has done things regionally in the past. The Governors proposal has been deleted at this time.
VOTE: 7 Yeas – 0 Nays
11-05 Reduce Performance Guaranty – Hartwell – Knights Woods Subdivision [Simpson]
Moved by Nesbitt Seconded by Hopkins to amend by adding the amount of $2582.50 to the order. (Unanimous)
VOTE: 7 Yeas – 0 Nays
PUBLIC ITEMS
Mike Mooesset said that he had a difficult time finding the agenda and minutes on the web site. The Manager said that they could help him find the information after meeting.
Councilor Nesbitt noted that the efforts of the Lake Region Suburban paper highlighting town events in the new section is greatly appreciated.
Mr. Billington said that there was a two page inset. It also included a community calendar and the public is encouraged to add their information to that calendar.
ANNOUNCEMENTS
Upcoming meetings were announced.
EXECUTIVE SESSION (S)
An Executive Session was not needed at this meeting.
ADJOURN
Moved by Hopkins Seconded by to adjourn. The meeting adjourned at 9:20 pm by unanimous consent.
Submitted by:_________________________
Clerk/Secretary
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