DRAFT--MINITES ARE NOT OFFICIAL UNTIL APPROVED BY THE TOWN COUNCIL--DRAFT
MINUTES
TOWN COUNCIL MEETING
STANDISH, MAINE
TUESDAY, JUNE 7, 2005 - MUNICIPAL CENTER 7:00 PM
CALL TO ORDER
The Pledge of Allegiance was recited.
ROLL CALL
Councilors present: Christy, Hopkins, Lymburner, Nesbitt, Simpson, and Spencer. It was announced that Councilor Pomerleau would arrive later.
MINUTES OF PREVIOUS MEETING (S)
The minutes from May 10, 2005 meeting were approved as submitted by unanimous consent.
PETITIONS AND COMMUNICATIONS
There were no petitions or communications at this meeting.
REPORT OF THE TOWN MANAGER
Managers update included the following:
Assessing – Four taxpayers have appealed their abated taxes to the Board of Assessment Review -- to be heard tomorrow and in July on the 13th.
CEO reports new house starts are on the rise, 5 in May, but still off from prior years. 46 so far this year, well short of the 85 cap for the fiscal year that ends on June 30th.
This Thursday evening the Comprehensive Planning Committee members will review at workshop the summary data from the roughly 800 surveys that were submitted. The Committee hopes to have a vision statement developed by their regular June meeting.
The Recreation Bus is getting its spring tune up, a new sticker and will be painted white all-over in time for the summer rec program.
Public Works – Paving by end of June for access to Boundary Road Ball Field and for the Town Pit on Boundary Road and the ROW access for the P&K Pit on Boundary Road.
Last Thursday I had the privilege to attend the annual Highway Congress in Skowhegan where your Public Works Department received an Excellence Award for their efforts to construct the Sand and Salt Storage Facility.
As a little background, the Town has used a leased gravel pit location for more than 35 years as a salt and sand storage location. The storage building was a pole building that was in poor repair and the pit was recently sold to a new owner. The Town’s Capital Improvements Plan had an item for a replacement site with an estimated $100,000 cost.
The Public Works crew worked with DEP to find a suitable site on Town owned land for a new facility. Two candidate sites near the transfer station were considered. One was approved and a DEP waiver was obtained since the site was within the Sebago lake watershed.
The Public Works Dept. requested proposals to develop the site, but the bids came in well over $250,000. At the request of the Public Works Dept, the Council approved the Department to construct the site themselves. A year and a half later, and after many evening and week-end self help sessions, they had cleared the site, prepared it for paving and construction and created a 30X42 salt storage building for slightly over $100,000 – saving the taxpayers over $100,000.
An exceptional polished marble plaque was presented to the crew at the Highway Congress by their peers. It will be put on display here at the Town Hall.
The town will take delivery on the new rescue pumper late in June and it will be put into service in July.
Burn permits will be available online through the Maine Forest Service beginning on June 27.
At the next Council Workshop the following topics will be discussed acceptance ordinance, the community building, and discussion with the Congregational Church regarding building permit fees.
Councilor Lymburner questioned when the Growth Ordinance needed to be reviewed.
Gordon Billington said that there is a three year sunset.
PUBLIC HEARINGS
33-05 Amendment to Standish Town Code, Chapter 181 Land Use, § 181-32 Range Ways [Spencer]
Moved by Spencer Seconded by Lymburner and Voted to dispense with the Clerks reading of the ordinance. (Unanimous)
Councilor Spencer said that the original ordnance pertained to 8-rod roads only. This change makes it cover all range roads.
After a Public Hearing without Council or Public discussion the above noted ordinance amendment was approved and the hearing was closed.
VOTE: 6 Yeas – 0 Nays
34-05 Amendments to Standish Town Code, Chapter 181 Land Use; and Chapter 252 Streets and Sidewalks, to Clarify the Street Design, Construction and Classification Standards [Spencer]
Moved by Lymburner Seconded by Nesbitt and Voted to dispense with the Clerks reading of the ordinance. (Unanimous)
Councilor Spencer explained the ordinance amendments.
Moved by Spencer Seconded by Lymburner to amend by changing the date on page 3 to today’s date. (Unanimous)
After a Public Hearing without Council or Public discussion the above noted ordinance amendment was approved and the hearing was closed.
VOTE ON ORDER AS AMENDED: 6 Yeas – 0 Nays
COMMITTEE REPORTS
Councilor Nesbitt announced that there were still some openings on several committees. Interested persons can contact Mary Chapman for more information.
Councilor Hopkins said that the Senior Housing Committee has met with Senior Citizen Groups, they will conduct a random survey of people in the over 62 and older age group, and are looking forward to getting information from the Comprehensive Plan. She went on to say that they are feeling pretty good about being able to present their findings to the Council in August.
Councilor Hopkins said that she will discuss Portend Water District issues when that order comes up on the agenda.
Councilor Simpson said that as far finances go the Town is in good shape. Later on the agenda there is a order to approve a Special Town Meeting which would cover shortages in four departments. The recommendation is to take the funds from the undedicated reserve fund.
Councilor Simpson spoke on behalf of the Recycling Committee. He noted that they had not met but the report for the month is not encouraging. He said that solid waste is up. Recycling is up slightly and the income is up over last year.
Councilor Simpson said the Community Center Committee met with the Kiwanis Members and agreed to a Memorandum of Understanding that will be reviewed by Kiwanis Members and by the Council at the workshop.
Councilor Lymburner said that the Public Safety Committee is working on the Safety Fair which will be held with the Public Safety Department at the time of their open house. She noted that they are also looking into various fund raising opportunities since their grant funding has run out.
Councilor Spencer explained that the Ordinance Committee has two items on the agenda tonight and has two of items that they are working on.
Councilor Hopkins asked if the Council could get a copy of the Comprehensive Plan’s initial survey results.
Mr. Billington said that that would be in the packets this week and the Comprehensive Plan Committee is expected to present information to the Council at the July workshop.
CONSENT CALENDAR
Chair Christy said that items are placed on the Consent Calendar when they are deemed by the Chair as uncontroversial. Any Councilor can remove an item if desired.
Councilor Hopkins asked if order #74-05 could be pulled out because she had some questions. She asked if people had been notified?
Mr. Billington said that they had not been notified. He explained that this change only adds the word ‘Extension” to the street name of Pequawket Trail.
Councilor Hopkins asked if this was the normal mode of operation if we change the name of a road. She said that businesses have spoken to her expressing the amount of their documents that have to be updated.
Moved by Hopkins Seconded by Lymburner to set order 74-05 aside. (Unanimous)
72-05 Approval of Renewal of Waste Hauler License Applications [Simpson]
73-05 Authorize Standish Lions Club to Hold Charity Toll on Moody Road [Christy]
VOTE ON ORDERS 72-05 and 73-05: 6 Yeas – 0 Nays
74-05 Acceptance of Street Name – Pequawket Trail Extension [Christy]
Councilor Hopkins said that she understood the naming of a new road but renaming an existing road the people that are on that road need to be notified.
Moved by Lymburner Seconded by Hopkins and Voted to Table this item for a month. (Unanimous)
UNFINISHED BUSINESS
Councilor Pomerleau arrived at this time.
69-05 Amendment to Standish Town Code, Amendments Related to Removing Victualer’s License Approval from the Town Council Agenda, Chapter 3, Administrative Code, Section 3-32 and Chapter 187, Licenses and Permits, Multiple Sections (First Reading)[Spencer]
Councilor Spencer explained that the title exactly explains the ordinance change entails.
VOTE TO MOVE TO PUBLIC HEARING: 7 Yeas – 0 Nays
NEW BUSINESS
75-05 Reconsider Order 63-05 the Memorandum of Understanding Regarding Pine Cove Beach [Hopkins]
Councilor Hopkins said that this is back on the table tonight because after last months meeting the Water District communicated with Gordy. She said that the prime reason that she voted for the order that ended the negotiations on the Memorandum of Understanding regarding Pine Cove Beach was that there were two items in the Memorandum that we were told were non-negotiable those being one the land access. She said that PWD told Mr. Billington that was no longer an issue because of their ‘Land Use Policy’ that they implemented recently. She said that the second point that they were concerned about was the termination of the lease without cause. She noted that Mr. Miller of PWD told the Town Manager that item could be put back on the table for discussion. She said that she sponsored this order so
that the Town could resume negotiations with the Water District on the Pine Cove Beach.
Councilor Lymburner said that she is in favor of both the reconsideration the order and defeating the original order. She said that it is encouraging to her that the two sticking points may be able to be resolved.
Councilor Simpson said that he would not vote for the reconsideration. He said that he had not changed his mind. He said that they have been messing with the Town for months now. He said that we received a letter from the Chair of the Trustees; he hasn’t retracted the letter or apologized or done anything about the letter. He said that Mr. Miller the General Manager sent an email to Mr. Billington saying that they maybe willing to negotiate those items. He noted that in the Chairman’s letter he said that he would not negotiate with us in an open session. Councilor Simpson said that it was his opinion that anything that we do should be done in an open session. He went on to say the question he has is who really speaks for them. He said that we have tried to set up
a meeting, then they suggested a meeting and we can’t set up a time.
Councilor Pomerleau said that we keep getting dangled at the end of a string by Portland Water District. He said that when all else fails and we threaten not to go any further then they take notice. He said that if Ron Miller was so impressed with opening dialog again that we didn’t get a letter from the Trustees. He said that he was sick of dealing with Portland Water District. He said that he had the idea that we would waste a lot of time and just get embarrassed again and it will be the Councils fault for not accepting the beach which is what they want anyways.
Councilor Hopkins said that there is no one more frustrated by this issue than she is. She said that she has put in a lot of time on this Memorandum of Understanding and she did some soul searching on this herself. She said that put aside her personal angst over this and said if there is even a chance that we may be able to work this out, that we may be able to get a beach for the people of Standish, she said that she would swallow her pride. She said that we should give it a shot. We basically said that they closed the door on us; they did not want to debate those two issues. They have retracted that through an email from Mr. Miller. She said that she would put her faith in that they are willing to do that. If it requires a closed door session we can make sure that our residents know the outcome of
that. She said that she doesn’t like to operate that way and we haven’t done that in the past.
Chair Christy said that he made a mistake and voted a little bit in anger at that letter that was sent. He said that he was encouraged by the email that a door was opening again to fulfill a dream of people in Town. He said that he would vote for reconsideration tonight.
Councilor Pomerleau said that he would probably vote for reconsideration. He said that when you say that they retracted the letter, there is no they, the Trustees didn’t retracted the letter.
Councilor Hopkins said that Mr. Miller’s letter noted that one is on longer an issue and the other item is still able to be negotiated.
Councilor Pomerleau said that Mr. Miller isn’t the Board of Trustees. He said that he wanted to make sure that we were not going to get into a big circle again and wonder in six months why did we do this again. He said if he knew for sure whether the Trustees supported this a 100 percent.
Councilor Hopkins said that when we voted not to negotiate any further they only way that word could get to us would be through our Town Manager and Mr. Miller.
Councilor Spencer said that only a couple of people on the Council have seen the email and he noted that he was not one of them. He said that he agreed with Phil that they are dangling a carrot in front of us. He said that he thought that it took the Portland Water District by complete surprise and amazement by what we did last month. He said that he could not support the reconsideration.
Councilor Pomerleau asked Mr. Billington who at the District wanted to open the dialog? Was it from the Trustee’s or Ron Miller, what’s your spin?
Gordon Billington said that the order was forwarded to Portland Water District the next day; Mr. Miller sent an email back saying that they were sorry to see that happen, and that in his judgment they were willing to negotiate any item. Mr. Billington said that he polled the Steering Committee Members; he then called Mr. Miller and asked do they really mean this. Mr. Miller gave the impression that he had a discussion with the Chairman of the Board of Trustees and they are willing to sit down again.
Councilor Pomerleau said that it is the same Trustees’ that refused to negotiate these items for months. He said that if there is a slim chance of a beach he would want to move forward. He said that he would like to see a time frame on this. He said that they have already cancelled two meetings?
Mr. Billington said that in fairness to them a date was offered to them, that date was not good for them they countered with other dates that we had scheduling conflicts with. So, we just haven’t been able to come to a date that is good for all parties.
Councilor Spencer said that he was concerned about the closed door aspect. He said he didn’t want our Committee Members to be behind closed doors for any reason. He said that it should be open and above board.
Councilor Pomerleau asked where the closed door idea came up.
Mr. Billington explained that was in the letter from Chairman Lunt. He said that they did not want to be in front of the cameras doing the negotiations.
Councilor Pomerleau asked if this could be tabled tonight. He said that he would not do closed door meeting and wanted to go on record. He said that he wanted to make sure that Mr. Miller knows that we don’t go behind closed doors. If that is the only way they want to do business then we are wasting our time here.
Councilor Simpson said that he record should that it was Mr. Lunt not Mr. Hunt.
VOTE ON MOTION TO RECONSIDER: 5 Yeas – 2 Nays, Simpson and Spencer
Chair Christy said that they would now vote on order 63-05.
Councilor Lymburner said that we all share frustrations with the Water District on many issues not just this one. She said that we have to keep our eye on the prize and that’s a beach for the people of Standish. She said that she would vote no on this Memorandum. She said that as a body we have to decide if we are not going to talk behind closed doors. She said that has to be a decision of the Council. She said that she had no problem discussing those two items behind closed doors. She said that they probably didn’t want to discuss it in front of the cameras because they really want to get into a disagreement with us in front of the cameras.
Chair Christy said that we made it very clear that we don’t want to speak behind closed doors.
Councilor said that we have always done the MOU with them in open. She said that she remembered one time that there was an Executive Session.
Councilor Hopkins said that Councilor Pomerleau drew a box around the ‘rules of engagement’ for example we will not go behind closed doors, wanting to see the email and other things. She said that if someone wants us to act in another way that has to be done in the form of an order. She said that she as a Steering Committee Member didn’t want to keep coming back to the Council. She said that the need to trust the Committee or establish rules for them. She said that she was uncomfortable with some of the discussions here tonight. She said that she would vote against order 63-05. She said that she was uncomfortable with some of the discussions here tonight.
Mr. Billington suggested that the last paragraph of the order be deleted and replaced with wording that notes that the negotiations will continue under certain restrictions.
Councilor Lymburner said that she didn’t believe that could be done because we just voted to reconsider the motion as was written and a no vote would negate those conditions. She thought that it needed a separate order.
Councilor Pomerleau said that he had full faith the Committee would not negotiate behind closed doors, they never have before. He said that if Portland Water District chooses to negotiate behind closed doors we will need to bring that out and discuss it. He said that he wasn’t sure why they wanted to talk behind closed doors.
Councilor Lymburner said that it was a real estate matter which they have a right under state law to discuss real estate or legal documents in Executive Session. She said that she thought that the television was the issue.
VOTE ON ORDER 63-05(RECONSIDER): 2 Yeas – 5 Nays -Christy, Hopkins, Lymburner, Nesbitt, and Pomerleau
76-05 Amendment to Standish Town Code, Chapter 181, Land Use, § 181-17 Signs (Introduction) [Spencer]
Councilor Spencer said that a month or so ago an application was sent to us for one on these signs from a local business. The form had to be completed and sent to the state. It was bounced back to us saying if we had an ordinance we would have to take care of the application. He said that we didn’t have an ordinance; and in the state’s regulations it says that if the town doesn’t have an ordinance they would take care of it so it was sent back to the state. Well, they said that they would not take care of it and sent it back to us. So, here is the ordinance to cover it. He explained that the Committee went through the state rules and fit it to what was thought would best fit in Standish.
Councilor Hopkins asked that we are going to follow MDOT standards, so every time the MDOT updates the standards will we have to change our ordinance?
Councilor Spencer said that he would think so.
Councilor Hopkins said who installs the signs.
Councilor Spencer said that the state does, MDOT installs the post and puts on the signs.
Councilor Hopkins questioned the passing back and forth.
Councilor Spencer said that these items are under their guidelines.
Mr. Billington said that our current ordinance prohibits off premise signs. This change would allow the signs with certain constraints.
Councilor Hopkins asked who came in with the number of signs?
Mr. Billington said that was the Ordinance Committee and the thought the Planning Board participated in the process.
Chair Christy said that number one through five were looked at what was comfortable the Town. He said for example the size and color the signs were chosen to fit Standish’s look.
Councilor Hopkins asked where did the number four come from.
Chair Christy said that the was the state number, you could have less but not more.
Councilor Hopkins said that when you have a business and it’s depending on tourists, we have some major routes. When you start adding that up you could use more to promote a business.
Mr. Billington said that another state restriction is that the signs can’t be further than five miles from the business. He said that the Town has to comply with state standards.
Councilor Pomerleau said that by this you are allowing someone a 4 x 4 foot sign and an extra sign in town. He said that he would like to see only one sign per post per individual business.
Councilor Lymburner said that each approach of the intersection could have a post.
Councilor Pomerleau said the he could have four signs on one post for his businesses and effectively block other businesses from having that opportunity.
Councilor Spencer said that he was in a unique situation.
Councilor Pomerleau said that it should allow one business per post.
Councilor Lymburner said that if someone owns more than one business you are still not restricting them.
Councilor Pomerleau said that he just didn’t want one business controlling the intersection.
Councilor Spencer said that they used the state guidelines for this. He said that they have three choices now, vote it up, vote it down or send it to committee.
Councilor Pomerleau said that it needed to be discussed. He said that he wanted it to be fairer so that someone couldn’t take all the signs.
Councilor Simpson said that four signs can’t be put up for one business. But, some one could put a sign up for each legitimate business. He went on to say the MDOT has done a horrible job enforcing their own ordinance. When you take a look at those signs they are all colors and more than four on a post. He explained when he had his business at the lake he was told he could have a sign at the nearest intersection. He said that he has seen them over in Windham directing them this way. He said that this puts people in the position that they cannot have a sign. He said that the five mile limit bothers him, he said that adds more restrictions.
Councilor Lymburner said that some of the decisions were made by the Committee regarding color; and number of signs and posts and at the intersection. She said that she thought that current signage is grandfathered until the renewal date. So at the renewal date we have to three sign per post. Who would make the decision on what business will be eliminated?
Councilor Spencer said that deleting the words ‘until the annual renewal date” from #5 would correct that.
Gordon Billington said that it should go back to committee to have further discussion. He said that the Town ordinances do not allow for directional signs at the present time. Any signs that are out there now are not in agreement with the Town’s ordinances. One of the things that the Committee discussed was North Windham DMOT signage problems.
Councilor Hopkins said that you have to balance what looks busy with what’s’ right for economic development in a business friendly community. She said that when she travels she depends on the signs. She said that it needs to be a balance.
Councilor Spencer said that people should submit comments on this item to Gordy so that they can be passed on to the new Ordinance Committee Chair.
Councilor Pomerleau said that what Gerry suggested is probably a good idea. Maybe new businesses should be given a special deal to have a sign for 24 months.
Moved by Simpson Seconded by Nesbitt to Move this item back to committee. (Unanimous)
77-05 Authorize Payment Plan for the Tax Acquired Property for Former Owner: Wendy Banton Located within the Town of Standish at Map 32 Lot 27 Sub 0 [Simpson]
Councilor Simpson said that these next two orders were discussed in detail with the Finance Director who worked a payment plan with the properties. The Finance Committee is getting tough on tax acquired properties that have not worked with the Town.
VOTE: 7 Yeas – 0 Nays (One vote was taken for order 77-05 and 78-05)
78-05 Authorize Payment Plan for the Tax Acquired Property for Former Owner: Timothy Sprague Located within the Town of Standish at Map 27 Lot 30 Sub 7 [Simpson]
79-05 Release of Regional I-Net Capital Funds to Saco River Community Television Corporation [Simpson]
Councilor Simpson explained that Standish was the escrow holder of these funds and it is time to release them.
VOTE: 7 Yeas – 0 Nays
80-05 Approve Warrant for Annual Town Meeting [Christy]
VOTE: 7 Yeas – 0 Nays
81-05 Approve Warrant for Special Town Meeting [Christy]
Councilor Simpson explained that we received an additional bill from the law firm today so Article 2. should be changed to $40,000.
Moved by Simpson Seconded by Lymburner and Voted to amend Art. 2 from $21,000 to $40,000. (Unanimous)
VOTE ON ORDER AS AMENDED; 7 Yeas – 0 Nays
82-05 Resolution Establishing August 5, 2005 through August 7, 2005 as the Standish Family Festival Weekend [Christy]
VOTE: 7 Yeas – 0 Nays
83-05 Resolution Supporting Standish Family Festival Parade [Christy]
Councilor Pomerleau said that he participated in the parade last year and it was very difficult to maneuver on the Oak Hill Road. He said that he wondered if anyone had thought of starting at the Crossroads and go by our business district.
Chair Christy said that Gordy will look into it.
Councilor Simpson said that years ago it did start down there but it tied up Route 25 too long.
Councilor Pomerleau said that this is our parade and people understand and will wait for 15 minutes.
VOTE: 7 Yeas – 0 Nays
84-05 Reduce Performance Guaranty –Hartwell – Knight’s Wood Subdivision [Christy]
Moved by Simpson Seconded by Lymburner to amend to add the amount for $39,335.86 to the order. (Unanimous)
VOTE ON ORDER AS AMENDED: 7 Yeas – 0 Nays
85-05 Town Council Appointments to Various Boards and Committees [Nesbitt
Moved by Nesbitt Seconded by Lymburner and Voted to amend by adding the name Terence Christy as an alternate member tot the Saco River Community Television Board of Directors. (Unanimous)
ORDER AS AMENDED: 7 Yeas- 0 Nays
86-05 Town Manager Appointments [Nesbitt]
VOTE: 7 Yeas – 0 Nays
87-05 Town Clerk Appointment [Nesbitt]
VOTE: 7 Yeas – 0 Nays
88-05 Amendment to Town of Standish Fee Schedule [Simpson]
Councilor Lymburner said that she worked for a number of years of social justice organizations that were hampered by being unable to go to government offices to obtain copies of documents that they needed because they are at an unreasonable price. She said that she thought that a $1 for a copy was exorbitant.
Councilor Simpson said that the Committee had a long discussion about it. He said that at lot of places prices have gone down in the price for photo copies. But, it you amortize your copier, the toner, paper and labor. He said that many places are getting $2-$5 for the first page and a $1 for each additional page. He said that he goes into Town Halls and pays a lot more than that.
Councilor Hopkins said that a few years ago the Committee reviewed the Fee Schedule and used a rational based on time and equipment. She asked if the Committed used a rational this time.
Councilor Simpson said that they did.
VOTE: 6 Yeas- 1 Nay, Lymburner
PUBLIC ITEMS
ANNOUNCEMENTS
Councilor Hopkins thanked Terry Christy for stepping up to the plate and being Chair this year. He brought a very unique prospective to the Council. He has high energy, commitment, sense of humor and positive approach and trying to find a common ground to issues.
Councilor Pomerleau agreed that Terry Christy had done a great job and enjoyed working with him. He went on to say that he had some issues on a meeting that was held last night. He said that he was not sure that this was the right time to air the issue and said to stop him if that thought that they should. He said that he was out of town and received a call from his wife regarding a meeting that was going on. The Planning Board discussed his business at about 1:30 without him being there. He said that a Planning Board Member stated that the reason that he didn’t get approval for a bulk storage are for fuel was because he had other businesses there. He said that he wanted to set the record strait, in 1990 he was approved for a heating oil business, the body shop came in 1992 and the barn sale in
1996. He said that he didn’t like the idea of a Planning Board Member stating the reason that he couldn’t have a bulk storage are was because he had additional businesses. He said that he didn’t like the Planning Board discussing his business with out him there. He said that if someone wanted to talk about his business they better asked him to come to the meeting or they should shut up. Especially, when they don’t know the facts. He said that when they start comparing this business to his it is a shame. He said that someone needs to set the record strait with these characters.
Chair Christy said that you have done a good job explaining the situation. He went on to say that the Chair of that group should have shut down the discussion it if started getting personal.
Councilor Pomerleau said that he is running for Council against the Chair of the Planning Board. At the meeting last night the Chairman chose to mention that he was in the meeting that he was running for Town Council because of things that he didn’t like going on with this Council and we weren’t getting things done. Councilor Pomerleau said that he would disagree with that, he went on to say that this is the best working Council in the State of Maine. Period. Why he would choose a public forum to as a Chair of a Committee to discuss an election. Councilor Pomerleau said that he was extremely unhappy the way that meeting ran. He said that he didn’t know how anyone vote on anything at Two in the morning. The Town should not have let this carry on until two in the morning.
EXECUTIVE SESSION (S)
An Executive Session was not needed this meeting.
ADJOURN
Moved by Hopkins Seconded by Spencer and Voted to adjourn. The meeting adjourned at 8:50 PM by unanimous consent.
Submitted by: __________________
Clerk/Secretary
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