DRAFT--MINUTES ARE NOT OFFICIAL UNTIL APPROVED BY THE TOWN COUNCIL -- DRAFT
MINUTES
TOWN COUNCIL MEETING
STANDISH, MAINE
TUESDAY, FEBRUARY 8, 2005 - 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)
The minutes from the January 11th meeting were accepted as presented by unanimous consent.
PETITIONS AND COMMUNICATIONS
Mr. Billington explained that the town received a letter from Adelphia Communications noting rate changes on some of the premium channels. The basic rate will remain the same and with that are included local access channels. In the near future they will simulcast the town meetings over the newly licensed WJZF FM radio station.
REPORT OF THE TOWN MANAGER
Managers update included:
Explaining that an application was approved this week allowing the Portland Water District to install approximately five miles of fencing along the lower bay. He said that it will in most part fence in their lands within two miles of the intake on the western side of the lake. He explained the layout of the fence and a copy of a map showing this is available at Town Hall. Mr. Billington said that the fence will be about seven feet high. Recently, the District initiated a policy to open their lands outside the two-mile limit to permission by access. There will be kiosks set up to self admit to use the property. Lands within the two-mile limit will be fenced off.
He said as a point of general information a working group of ten communities are looking into opportunities in regional financial services that we might be able to share. Also, we will go forward with a process to pursue upgrading the software packages through a joint RFP process conducted by GPCOG. The RFP will go out the middle of this year with the implementation of January of next year. This is a follow-up to a grant application that was approved by the Town Council last month.
Gordon Billington said that tonight we will not have a department head presentation. He said that he would say a few words when the Public Safety Department appointment comes up on the agenda.
Councilor Simpson asked if the Water District was going fence their property on the east side of the lake.
Gordon Billington said that he did not know why they are not fencing that side of the lake. It may have something to due with the flow of water in the lake. He said that Councilor Hopkins has asked to reschedule the Steering Committee meeting date.
Councilor Hopkins said that they are looking to hold the meeting on the third Thursday this month in Standish.
Gordon Billington said that we have asked them of that but they have indicated that the last meeting was to be in Portland and it was cancelled so they believe it is their turn to host the meeting.
Councilor Hopkins said that they need to understand that one of the key things on the agenda is for them to explain why two items on the Memorandum of Understanding were changed by them. She said that is why we really wanted to have the meeting in Standish.
Councilor Pomerleau said that he wanted the public to know that they are not fencing in the boat launch area.
Gordon Billington said that is good to point out. He said that from Maple Street to the end of the boat launch area is not fenced in.
Councilor Nesbitt asked if the fence will block the view.
Gordon Billington said that sounds that it is the same chain link fence that is on Route 35.
Councilor Nesbitt asked if our representatives have been apprized of this and are aware of the idea multi-use of the lake.
Gordon Billington said that he was not sure and noted that Senator Bill Diamond was in the audience.
Senator Diamond said that Representative Moore had been keeping him up to date on Standish issues.
Chair Christy said that when we went to the SAD6 meeting there was discussion of sharing of costs.
Gordon Billington explained that he had spoken with the Superintendent regarding the fuel bid process; he said that he had thought that at we were receiving a lower rate than them, he sent them the paperwork and contact person’s name but they declined. They already awarded a contract. He said that the finance services effort was extended to them but he was not sure if they would join or not.
Moved by Hopkins Seconded by Spencer and Voted to move order 15-05 to this part of the agenda. (Unanimous)
15-05 Confirm Town Manager’s Appointment of Director of Public Safety [Christy]
Gordon Billington said that Martin and his wife Ginny are at the meeting tonight. Mr. Billington explained that Martin is a resident of Gorham. For background information, our first time Fire Chief arrived three years ago, at which time EMS and the Fire Department merged together. The first Chief blended that together, follow by the second Chief that brought a lot of energy, initiative and progress. Now, we are lucky to have a third Chief that will pick up the progression in the Department. Mr. Billington said that Martin brings thirty years experience in fire services to the Town of Standish. He is fully qualified as a paramedic to include critical care credentials. He has been a Fire Chief in two other municipalities’ -- in Bourne, Massachusetts and in Portland, Maine. He brings a
tremendous amount of experience and current proficiency. Mr. Billington said that Martin was his nomination for the third Fire Chief.
VOTE: 6 Yeas – 0 Nays
Mr. Jordan was sworn to office by the Town Clerk.
Martin Jordan said that he was very happy and honored to be here to serve the community. He said that he had done a lot of research on the community. He said that the Fire and EMS Department would not be where they are without the Council’s support. He said that they held a meeting last week and he was approached by a firefighter who said that they are second to none. He said that in the week and a half that he has been here they have proved that to him. He said that they are an incredibly dedicated and enthusiastic organization. He said that he was more excited now than he was on the day that Gordy asked if he would like to be the Chief. He said that they have proved to him that they are second to none. He went on to say that the tools that the Council has given them to do the job
is phenomenal. He said that in thirty years he has never seen this kind of support in any community that he has served. He said that he is excited to be here.
PUBLIC HEARINGS
12-05 Application Submitted by Bon Appetit Management Company Located at St. Joseph’s
College for Renewal of a Malt, Spirituous and Vinous Class A Restaurant /Qualified Caterer
License [Christy]
After a Public Hearing without Council or public discussion the hearing was closed.
VOTE: 6 Yeas – 0 Nays
13-05 Application Submitted by Reel Excitement, Inc. dba Victory Lane Sports Bar for Renewal of
a Malt, Spirituous and Vinous Class A Lounge License [Christy]
Councilor Pomerleau asked if there was a sign violation where they are not meeting our code, would the Council be able to disapprove the application.
Gordon Billington said that they did have a sign violation, it was brought to their attention, and they corrected the violation.
Councilor Pomerleau asked if they could deny an application for some type of violation.
Gordon Billington said that the Council use their discretion.
Councilor Simpson said that this has been a long time issue; he said that he would hate to see someone turned down because of a sign violation, because there are sign violations all over town.
After a Public Hearing without additional Council or public discussion the hearing was closed.
VOTE: 6 Yeas – 0 Nays
14-05 Application Submitted by Reel Excitement, Inc. dba Victory Lane Sports Bar for Renewal of
a Special Amusement Permit – Live Entertainment [Christy]
After a Public Hearing without Council or public discussion the hearing was closed.
VOTE: 6 Yeas – 0 Nays
COMMITTEE REPORTS
Councilor Simpson said that the Town is in good financial strength and position. He said that we are well managed, stay within our budget and our cash flow is good. He went on to say that the Recycling Committee reports that recycling is the same that it has been every month, it is not improving very much. He said that they will present awards to students who participated in the calendar project. The Committee will meet to review bids for transportation of solid waste. He explained that the Community Center Committee has received a tremendous offer from the Kiwanis Club to donate anywhere up to ten acres of land for a community center. The Committee has been working with them, there has been a site walk and a Memorandum of Understanding has been drafted and is being review by a sub-committee.
At a later date it will be brought before the Council.
At this time Chair Christy introduced Senator Bill Diamond to the Council and audience.
Senator Diamond said that he was here to listen and learn. He said that it was a privilege to serve Standish. He said that the Town is very lucky to have Gary Moore representing the Town.
Councilor Spencer said that the Ordinance Committee has a couple of items on the agenda tonight and are working on others that will be presented to the Council in the future.
Councilor Pomerleau noted that Capital Improvements met and discussed the ten-year plan. He said that the Route 113 Corridor Commission met in Brownfield, the Towns that attended are all excited about the Mountain Trail. He said one thing of interest that the talked about was train service being in the area within the next few years. That was a topic of great interest.
Chair Christy said that is another example of regional cooperation.
Councilor Nesbitt explained that the Economic Development Committee has been working on the Route 113 issues. He said that it is extreme value to us because of the regional aspect. He said at the next meeting various Chambers of Commerce in the area will have discussions regarding the corridor.
Chair Christy that he has attended a few of these meetings and they are exciting. He invited other Councilor to attend.
Councilor Hopkins said that the Personnel Committee and Gordy had kept you up to date on the process. She said that they plan to finish up this week and start to pull together the information for the Council for salary recommendations. She said that there will be a Special Council Meeting later this month presenting the Committees recommendations. She noted the earlier they talked about the Steering Committee meeting.
Chair Christy said that he attended the Finance Committee meeting and told them that he was willing to avail his time to go to the Budget Committee when the budget is ready to sit down and answer any questions that he can.
Councilor Hopkins noted the Chair of the Personnel Committee usually attends a Budget Committee Meeting as well.
Councilor Spencer asked if the rail service would be coming from Portland up or Fryeburg down.
Councilor Nesbitt said Portland up. His said that there is a person at the meeting at owns ‘short lines’ and is interested in this project. Councilor Nesbitt said that GPCOG recently conducted a study on freight on this line.
Councilor Pomerleau said if the rail service was reactivated it would help reduce traffic in the village areas due to freight being transported over the rails.
Councilor Spencer asked if the people were aware of problems that they might have getting this through Standish.
Councilor Nesbitt that they just discussed the concept of the rail plan.
CONSENT CALENDAR
No items this meeting.
UNFINISHED BUSINESS
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]
Moved by Simpson Seconded by Hopkins and Voted to waive the reading of the ordinance. (Unanimous)
Councilor Spencer explained that this was tabled back to committee to iron out a few wrinkles. At the last meeting the final wrinkles were ironed out and it’s before us tonight.
Moved by Simpson Seconded by Hopkins and Voted to take this item off the table. (Unanimous)
Councilor Spencer noted that in the packets this weekend you received a copy of this amended order. There was a mix up and this amendment corrects the mix-up. He went on to read and explain the amendments.
Chair Christy noted that the requirement that the private way maintenance agreement has to become part of the deeds of property owners.
Councilor Hopkins asked a procedural question regarding what step in the legislative process this was.
Gordon Billington said that the changes are not substantive so it would be the First Reading and the Public Hearing will be in March.
Moved by Spencer Seconded by Hopkins and Voted to amend the ordinance as noted on order presented tonight. (Unanimous)
VOTED TO MOVE THE AMENDED ORDINANCE TO PUBLIC HEARING: 6 Yeas – 0 Nays
NEW BUSINESS
16-05 Town Council Appointment – Public Safety Committee [Nesbitt]
Moved by Nesbitt Seconded by Hopkins and Voted to amend the order by adding the following individuals to the order:
Russell Wiggins – Comprehensive Planning Committee
Steve Rich - Community Center Study Committee (Unanimous)
VOTE ON ORDER AS AMENDED: 6 Yeas – 0 Nays
Councilor Nesbitt said that there are positions that open occasionally so anyone interested in serving can call Mary Chapman.
17-05 Appoint Ad-hoc Committee to Review Options for Senior Housing [Christy]
Chair Christy said that he has received many calls in the past few years regarding this issue.
Councilor Hopkins said that we have all had a number of people interested in this issue
Councilor Spencer said that in the Ordinance Committee we are talking about contract zoning in generic terms.
Chair Christy said that this will open the door to people wanting this type of housing.
Councilor Simpson said that this Town is lacking an overall zoning program that looks at the whole picture. He noted that the first sentence says affordable housing for senior citizens. He said that he looks at affordable housing for other people too. He said $50,000 used to buy a good house but today it doesn’t. He said that the word contract zoning bothers him. He said that he would hate to see us have to talk about contract zoning on individual projects. He said that he would rather see the Comprehensive Plan Committee come up with a plan. He said that it should be part of our zoning that we will allow multi-family housing. He said that if we are going to do it we should encourage it. He said that we have a limit on building permits; we should encourage
developers to come in here and build subdivisions that are for those people over fifty-five years old. He said that we should look at the broad picture.
Chair Christy said at the last meeting of the Ordinance Committee the discussion took place regarding multi-family housing. He said that you will be seeing changes in the process in the near future.
Councilor Spencer said that he can understand Larry’s concerns and next week there will be a joint meeting with the Planning Board next week to go over in depth contract zoning. He said that they did talk about the Comprehensive Plan and where the will that fit in. He said that they were told to wait and see what happens in the Comprehensive Plan. He asked what is the pleasure of the Council at this time. Should contract zoning be put on the back burner?
Chair Christy said that we discussed if a need come up we would discuss it. He said that after the joint meeting with the Planning Board a lot more will be known.
Councilor Hopkins said that as far as contract zoning she was not real familiar with exactly what it is. She said that with this order and activity we will learn a lot. She said a lot or this is determining what the needs are; everything from serves to what level of housing is needed. It will be truly a learning process. Hopefully, we will be able to come up with the location based on the needs. She said that this feeds right into the Comprehensive Plan and its survey. She said that we have been waiting for somebody to come up with a proposal and then we can work with it. She said that her proposal will make the Council step-up to the plate to see what our residents need. She said her term was housing for seniors not just elderly because that has a connotation of assisted care. She
said that probably 70% of the committee’s activity will be information gathering, assimilating and then coming up with a recommendation for the Council. It’s just taking that step forward and share with the Comprehensive Plan.
Councilor Spencer said that he supports the order because he sees the need. He said that he just wanted direction for the contract zoning. Should the Ordinance Committee move forward because it is generic or should they wait for Comprehensive Plan recommendations. He said that he didn’t want to spin his wheels on something that wasn’t going anywhere. He said did they want him to continue with the contract zoning.
Councilor Pomerleau said that for a number of years we have been asleep at the wheel on contract zoning. He said that he thought that we should move forward on this. He said that he agreed with Councilor Simpson that the time has come to visit some ideas like this.
Chair Christy said that since this is generic which should be done rather than something specific. He said that he ordinance that we have is not spot zoning it is more generic. He said that they should more forward on the contract zoning idea.
Councilor Simpson said that he respectively disagreed but contract zoning is spot zoning. He said that you are talking about a gated community, retirement home, or assisted living community but what if a guy comes in and wants to put a used car dealership in village center. When you get contract zoning you will get TIF’s involved. He said that he supports the concept of contract zoning when it absolutely necessary, it can be an evil on a town. He said that he would rather see it come through to have it so we decide what we want in what area. Decide what you want for example and put it in those zones as a permitted use or a special exception and go from there. He said don’t start knit picking the town to a place here and there. He said that is what the Comprehensive Planning
Committee has to address. He said that he is not opposed to the Ordinance Committee coming up with recommendations, but he didn’t want to lean on contract zoning in this Town.
Councilor Hopkins said that the order before us has some long reaching features.
Moved by Hopkins Seconded by and Voted to move the question. (Unanimous)
VOTE: 6 Yeas – 0 Nays
18-05 Call for Public Hearing on Fiscal Year 2006 Municipal Budget [Christy]
Gordon Billington said that the budget will be published before the end of the month.
VOTE: 6 Yeas- 0 Nays
19-05 Acceptance of Street Name – Emma Lane [Christy]
VOTE: 6 Yeas- 0 Nays
20-05 Amendment to Standish Town Code, Chapter 237, Shoreland Zoning, § 237-3, Applicability and §237-17, Definitions (Introduction) [Spencer]
Moved by Spencer Seconded by Nesbitt and Voted to waive the reading of the ordinance. (Unanimous)
Councilor Spencer said that in early December they attended a meeting with towns around Sebago Lake and discussed the issue of high water mark when they look at properties in shoreland areas. Water District and state representative were also there. The outcome of this discussion is shown in this order. Any day a Code Enforcement Officer can call the Portland Water District and ask the level of the lake for that day this will help determine the measuring procedure. This brings everyone on the same page.
Gordon Billington said that all shoreland need to go before the DEP for their review. They have conditionally approved this.
VOTED TO MOVE THIS ITEM TO FIRST READING: 6 Yeas- 0 Nays
21-05 Annual Recommendation to Adopt 10-Year Capital Plan [Pomerleau]
Councilor Pomerleau explained that the ten-year plan is something that we look at each year. Department Heads bring in their items each year. He said that the software amount perhaps can be cut due to the regional collaboration. He said that Public Safety is straight forward. Parks and Recreation’s big one is the skate park. Even though there is a forty-thousand number with some will be raised through grants and fund raising efforts. He said that Public Works were looking for a truck in 2006 but it was moved out one year. Every year they try to look on roads that need improvement. They had Roger look at four areas engineered to look at putting in the 2006 budget. We looked at Manchester Road and Route 113; two bridges on Manchester Road; and two other areas on
Manchester Road that will not be brought forward at this time. As far as the two bridges only one will be upgraded. He said that they also looked at an area of White’s Bridge Road near the ‘S’ turn that needs guardrails. He explained that the Committee members were split on supporting the guardrail project. He said that the main number that is jumping out is the $339,000.
Chair Christy asked if they talked about sidewalks.
Councilor Pomerleau said not really. He said that years ago the Planning Board used to require new businesses to put in sidewalks.
Councilor Hopkins questioned the Oak Hill Road intersection, was that reviewed this year.
Councilor Pomerleau said that will be discussed within the next few months.
Gordon Billington said that in the past few years the Capital Improvements Committee has identified roads that they want investigated for improvements. The Oak Hill Road intersection will be a strong candidate for the engineering plan next year.
Councilor Spencer said that at the guardrail area some of the trees are dead due to being hit by automobiles. He said that there is more truck traffic in that area possible due to the congestion on Route 302. He said that someone asked how long the guardrail area was; he said that it is 640 feet and the total anticipated cost is $64,000. He said that it a lot of money, we talk about other road work in the name of safety and this falls in that line. He said that one of reasons for the elevated cost is due to the way the road is built. The road way is built with granite blocks and there is not much earth there to place the guardrail posts. There had to be an elaborate scheme.
Councilor Hopkins asked how did this come before us.
Councilor Pomerleau said that it was his opinion that there were a lot of roads that are in worse condition. He cited Warren Road that in places you are riding along the Saco River without a guardrail. He said that it is a bad section but there are other roads in town that have bad areas that need attention. He said that he wanted this item debated by the Council so everyone is aware of where the money is going.
Councilor Nesbitt said that the Warren / White’s Bridge Roads you have to look at the traffic.
Councilor Hopkins questioned if there was an accident rate of the area.
Roger Mosley said that since the pipe rail was put up in 1999 there have been four times that we have had to hire Gorham Fence to make repairs.
Gordon Billington asked how far a drop that was.
Roger Mosley said about fourteen feet.
Councilor Pomerleau asked if the damage was from accidents or plows turning around.
Roger Mosley said that it was from accidents since 1999 when the pipe rail was put in.
Councilor Spencer said that he did not have an accident count but he would like to see the project done because it has merit. He said that he also understands the budget process and we might want to extent this out or ignore it. He said that he agrees with Phil, there are three choices, do the project, extend it out, or forget it all together. He said that when he moved here years ago there was a guardrail system of cedar posts and cable wires.
Chair Christy said the since the Committees recommendation was split he would entertain a motion to amend the order to include this $64,000.
Moved by Nesbitt Seconded by Simpson to amend the order to include the $64,000 for the guard rail project. (Unanimous)
VOTE ON ORDER AS AMENDED: 6 Yeas – 0 Nays
22-05 Authorize SW Management to Place a Propane Tank at the Cell Tower Site location
at the Municipal Center [Pomerleau]
Councilor Pomerleau said that this tank won’t be seen from the building and is needed for their generator.
VOTE: 6 Yeas – 0 Nays
23-05 Authorize Submission of Community Block Grant Application [Nesbitt]
Councilor Nesbitt said this was talked about at length and all the members town are in agreement. He noted that there needed to be an official public hearing with ten days notification. He said that all the towns will be asked to sign.
Councilor Pomerleau said that there is a $1,000 match but is already covered so there is no out of pocket expense from the Town of Standish.
Moved by Hopkins Seconded by Nesbitt to amend as follows:
FURTHER ORDERED that acceptance submission of the grant, if approved, is contingent upon all four five towns included in the grant application to agree to participate in the grant. (Unanimous)
Councilor Simpson said that he would support this but he cited information from the grant application that indicated that the wording casts an aspersion on an area that doesn’t deserve it. He went on to say that in the past he spent a lot of time trying to keep the Sebago / Long Lakes Association together. He said that if we are going to talk about economic development in this town let talk true economic development. He said that if this becomes a true scenic highway, he asked earlier if Councilor Hopkins would have a conflict of interest in this being developed with all the thousands of cars going by her property. He said that he just didn’t see that happening. He didn’t see motels being built there. He said that a few years ago Boston Sand and Gravel was negations trying to get
railways form Boston to North Conway but it didn’t get anywhere. At the same time they were trying to expand the airport but that fell through. He said that they talk about putting the railway back up there and he hoped that it would happen. He said that he didn’t look at this as truly economic development; it’s a plan that has some benefits. He said that he would like to see us up our resources, effort and energy reducing the property taxes in the Town of Standish not in Baldwin or Fryeburg. He said to do that we need to get off the residential tax base and do something about economic development of substantial consequences here.
VOTE AS AMENDED: 6 Yeas – 0 Nays
Moved by Simpson Seconded by Hopkins to add order 25-05 to the agenda and take it out of order. (Unanimous)
25-05 Reduce Performance Guaranty – Hartwell – Knights Woods Subdivision [Simpson]
Moved by Hopkins Seconded Simpson to amend the order by adding the amount of $26,386 to the order. (Unanimous)
VOTE ON ORDER AS AMENDED: 6 Yeas – 0 nays
PUBLIC ITEMS
David Thomas said he would like to suggest that members of the Comprehensive Plan Committee are asked to go to these meetings so we can get the information going back and forth. He went on to ask if the Water District cut timber on the Harmon Estate which is town property.
Gordon Billington said that the District said that they did not.
David Thomas said that for a long time he though that the rail service would come up through here. He said that he thought that there would be changes on how the way Water District takes water out of Sebago Lake. He said if there are great changes down there are we as a town prepared to take advantage of any economic changes that may come our way. He said that someone may want to determine the value of that land within the two mile limit if the land becomes available.
ANNOUNCEMENTS
Several upcoming meetings were announced.
Moved by Hopkins Seconded by Spencer and voted to move into executive session for discussion of a personnel matter as provided under 1 M.R.S.A. § 405 (6) (A).
Moved Seconded and Voted to Arise from Executive Session. The Council arose form executive session by unanimous consent at 9:50 pm.
24-05 Authorization to Extend Town Manager’s Employment Contract [Christy]
VOTE: 6 Yeas – 0 Nays
Moved by Hopkins Seconded by Spencer to move into executive session for discussion of a personnel matter as provided under 1 M.R.S.A. § 405 (6) (A).
Moved Seconded and Voted to Arise from Executive Session. The Council arose form executive session by unanimous consent at 9:50 pm and the meeting was adjourned at 10:35 pm.
Submitted by: ________________________
Clerk/Secretary
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