DRAFT -- MINUTES ARE NOT OFFICIAL UNTIL APPROVED BY THE TOWN COUNIL -- DRAFT
MINUTES
TOWN COUNCIL MEETING
STANDISH, MAINE
TUESDAY, JULY 12, 2005 - MUNICIPAL CENTER 7:00 PM
CALL TO ORDER
Pledge of Allegiance was recited
ROLL CALL
Councilors present: Christy, Hopkins, Lymburner, Nesbitt and Simpson. Councilor Pomerleau will arrive later and Councilor Spencer was excused.
MINUTES OF PREVIOUS MEETING (S)
The minutes from June 7th and June 18th meetings were accepted as presented by unanimous consent.
PETITIONS AND COMMUNICATIONS
The Town Manager said that with great regret he would read a letter of resignation from Councilor Spencer. A copy of the letter is on file at the Town Offices.
Councilor Pomerleau arrived at this time.
REPORT OF THE TOWN MANAGER
Ø Managers update included the following:
Fire District 4, which covers the White’s Bridge section of the Town, has seen a drop in call response from the North Gorham Station where we keep Engine 4. There is a shortage of volunteers at that station with a resulting lack of station coverage. Until coverage increases, the Chief has arranged for additional mutual aid from the North Windham Station which now is automatically responding to all calls from the College.
Engine 2 is out of commission with a failed transfer case. Gorham has provided us with a loaner unit until it returns.
The new Engine 3 is in Massachusetts for lettering and for installation of the light tower, generator and additional equipment. It will be here for the parade which is scheduled for Saturday, August 6.
The parade is a part of the annual Standish Family Festival to be held this year on Friday, August 5 and Saturday, August 6.
Friday night will be “Drive-in Movie Night” at Standish Memorial Park.
Saturday activities commence with the Family Festival Parade which begins at 10:00 AM.
The Parade route will be from the Old Red Church on Oak Hill Road, to the First Technology parking lot on Northeast Road.
If you are not in the parade, bring your lawn chairs, your blankets and your community spirit and cheer on our parade participants!! ~
From 3:00 p.m. to Dark there will be Kiwanis Beach Activities sponsored by Standish Kiwanis Club followed by FIREWORKS at Dusk!!!
Tonight’s Report will be from the Comprehensive Plan Update Committee. Peter Hall, Co-Chair, will make the presentation.
Peter Hall the Co-Chair of Comprehensive Plan Update Committee spoke to the Council regarding the draft report. He said that ultimately the Committee would like input from the Council regarding the plan. He said that where they are in the process is they recently completed the public input survey process. The results have been tabulated, based on that data a vision statement has been drafted which was submitted in a packet to the Council. He went on to say that the vision statement is just that a vision statement not a detailed document. The statement is a broad description of what the Committee determined based on the data obtained from the survey and public opinion. It is what we see the Town’s people want Standish looking like in ten years from now. He noted the plans typically have a ten to
twelve year cycle. He said that it is a very broad statement, it does not have specifics as far as policies, objectives or strategies for implementation. It includes most of the items that the Towns people told them that they wanted. He said the survey was very successful, there were over 800 respondents. He said that based on a sample size of 5,100 that’s about a 16% return rate. He said that may sound low but we are told that is a very good turn out for that type of survey, so we were very pleased with those results. He noted that the vision statement that is in front you is based on the survey results and antidotal feed back from public informational forums. He went on to say that some of the highlights at this point are it was clear that from the residents point of view retaining the rural character and preservation of natural resources was important. Other highly ranked areas included targeted growth management, job
creation and other areas that were mentioned to include road maintenance, affordable housing, elder housing and prudent budgeting. He said that was a brief overview of the statement, he said that it was a broad statement but it is has more meat to it than the previous 1992 vision statement. He noted that the State Planning Office is looking for bolder Comprehensive Plans this time around. He said that at this point he had three questions for the Council: 1) guidance or feed back to go forward with the process; 2) do you see value in the Committee continuing public input meeting; 3) they would like to have some time at the workshop to give a more detailed presentation.
Chair Hopkins said that the Council would like to have a more in-depth presentation at the July workshop in two weeks. She said that the Council would schedule an hour presentation at that workshop.
Mr. Hall said that as part of the timeline they are about to tackle a difficult part of the plan which is the crafting of specific policies, objectives and implementation strategies. He said that is where the rubber will meet the road. He said that any input from the Council would be valuable.
Chair Hopkins said that this is important and there is lot of information to be reviewed. She said that one of the things that you did ask about was the public input aspect. She said that the Committee to this point has solicited public input at various points, it was her opinion to group the topics and again go for public input. She said that she had heard from a lot of people and the biggest item that they bring up is that they didn’t get to fill out a survey. She said that people were very excited about the plan.
Councilor Lymburner suggested that they hold regional meetings to allow all area of town to participate.
Councilor Christy asked if there were any surprises in the public forum versus the survey results.
Mr. Hall said that was as interesting to him was that the loud and clear message from the survey was preservation of natural resources and rural character. He said that was very similar to the results of thirteen years ago. He said that he was surprised that it wasn’t more different.
Carol Billington noted that elder care, sports fields/infrastructure were important, but not a big drive economic development opportunities in as far as industrial aspects. Although, there were respondents that were interested in job growth, but in a way to serve the residents in at home needs of people, such as small stores, professional offices or banks.
Mr. Hall said that were the type of businesses that would be in keeping with a true New England village.
Carol Billington said that she feels that the Vision Statement along with the survey really pulls together the tools to craft the plan along a certain direction. She said that it is her opinion that this is really what the folks in Standish are behind.
Councilor Nesbitt asked if there were conflicting areas.
Mr. Hall said that to some extent job creation was important but not in terms of an industrial nature. He said that was a conflict in his mind.
Dave Thomas said that one of the graphs was interesting to him. He said that the people wanted to develop land but also wanted to save money.
Chair Hopkins said that when you work such as “appropriate” will those types of words be defined.
Mr. Hall said that there are two schools of thought on that. One would be to be more specific in the body of the Vision Statement. The second be more definitions in the plan itself. He said that the struggling point with the Vision Statement is to include enough meat so it is substantive but it shouldn’t be thirty pages long either.
Carol Billington explained that GPCOG a group that has been assisting the Committee members suggests that the Vision Statement should be broad. They say that it should be a dream or dream like. She said that when we get to the detail part of the plan that is when items like that will be hammered out.
Chair Hopkins asked how could he Council prepare them for the workshop.
Mr. Hall asked that they look at the Vision Statement and slides.
Councilor Nesbitt asked Mr. Billington for an update on St. Joseph’s College providing monies in lieu of taxes.
Mr. Billington said that the Capital Improvements Committee recommended that the college come in and contribute for a future replacement of Engine 4. That idea was forwarded on to the college. He noted that he had a meeting scheduled at the college on July 20 to discuss this matter.
Councilor Nesbitt asked that Dr. McNeil provide a presentation to the Council regarding the Saco River Corridor Commission.
Mr. Billington said that he would see if Dr. McNeil was available.
Councilor Christy said that would be a timely presentation especially since the project that is ongoing on the Saco River.
Mr. Billington explained that Florida Light and Power made an offer to the Town to develop a boat launching site on the Saco River. He said that the Recreation Director, employees of Florida Light and Power, and abutters did a site walk. The abutters noted there was another boat launching site down river. The Public Works Director was familiar with that site and in the past it was determined that site was not suitable.
Councilor Lymburner questioned the status of the Route 113 Corridor Committee.
Mr. Billington said that he had spoken with Caroline Allam from GPCOG at a recent meeting. He said that he asked that same question. Where is this going? What’s the next step? He said that we were awarded a $10,000 grant, that money has been approved but not appropriated. He explained that Caroline has to complete some paperwork to start that process.
Councilor Pomerleau said that as a member of that Committee he was discouraged that we were going along good and all of a sudden we can’t get a meeting. He said that we don’t need money to move forward. He said that we need to get back on track there is no reason to take the summer off.
Mr. Billington said that David Versel is the spearhead of the behind this and will communicate that to him. Mr. Billington asked Councilor Nesbitt if he had any recent contact with David Versel.
Councilor Nesbitt noted that he had recently emailed him but not received a response.
PUBLIC HEARINGS
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 [Spencer]
Moved by Simpson Seconded by Lymburner and Voted to dispense with the Clerks reading of the amendment. (Unanimous)
Mr. Billington explained that this removes the Victualer’s license approval from the Town Council Agenda and also cleans up other wording.
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
COMMITTEE REPORTS
Councilor Simpson said that the Finance Committee met and has a number of items on the agenda.
Councilor Simpson noted that the Recycling Committee had not met recently but a Household Hazardous Waste day will be held August 20 from 8 am until noon.
Councilor Simpson explained that the Community Center Group took the Memorandum of Understanding back to the Kiwanis Club with some changes. He said that there was some pretty good give and take but the draft hasn’t come back to us yet.
Councilor Lymburner said that the Public Health and Safety Committee met to work on the Safety Fair that will be held in October. She said that we are looking to set up a child safety seat inspection and that they recently have been working on installing the banners and working on the poles. She said that there is an opening on the Committee.
Councilor Nesbitt mentioned that an appointment order will be added to the agenda this evening. He went on to note the following openings: 2 seats on the Appeals Board, Budget Committee has two openings, Building Committee, Public Safety and other committees have openings. Interested parties can contact Mary.
Councilor Christy said that Councilor Spencer will be missed on the Ordinance Committee. He asked that the Chair take into consideration that the Committee has a lot of work ahead of them.
Chair Hopkins said that the Senior Housing Committee is on target to bring the final plan to the Council in September after the August workshop.
CONSENT CALENDAR
There were no consent items this meeting.
UNFINISHED BUSINESS
74-05 Acceptance of Street Name – Pequawket Trail Extension (Tabled at 6/7/05
meeting) [Christy]
Moved by Lymburner Seconded by Christy and Voted to take this item off the Table. (Unanimous)
Mr. Billington explained that the Public Safety Department requested that this section of the discontinued road be renamed which also needed to be done to comply with the E-911 requirements. He noted that this was introduced last month and it was tabled to contact abutters and obtain their comments. He said that he received one call and that person was pleased with the numbering and renaming. Mr. Billington said that this change has the minimum amount of impact to residents.
Chair Hopkins said that the only call that she received was to keep the numbers the same.
Councilor Pomerleau said that he didn’t understand why it wasn’t renamed Winding Way. He thought that this would be confusing for emergency personnel.
Mr. Billington said that the short answer would be this has less impact on people involved.
VOTE: 5 Yeas – 1 Nay, Pomerleau
76-05 Amendment to Standish Town Code, Chapter 181, Land Use, § 181-17
Signs (First Reading) (Returned from Committee with amendments) [Spencer]
Moved by Lymburner Seconded by Christy and Voted to dispense with the Clerks reading of the amendment. (Unanimous)
Mr. Billington commented that the Department of Transportation offers official business directional signs that you will see throughout the whole state. In order for a municipality to have those signs erected the municipality must have an ordinance in place to authorize those signs. He went on to say that our current ordinance does not authorize installation of those signs. He explained that we had a request from a business to approve an application for a sign. The Ordinance Committee looked at the law and ordinances from other communities and came forward with this recommendation. When it was introduced to the Council to the Council they asked that it be tabled to be reconsidered by the Committee. That has now taken place. He noted that the highlights of the changes were to delete
the expiration of a grandfather clause. So, that will minimize the impact to signs that are currently out there. He noted that it does limit the number of signs and adopts a standard color of blue with white lettering. The Planning Board held a public hearing on this last night.
Carol Billington, Planning Board Chair, said that they only comment was regarding the various colors that are around town. She explained that the Town Manager explained that is the case now but the ordinance will established the standard color of blue.
Councilor Nesbitt noted that in ten years with the village areas growth the there is significant potential need of these signs. He said that the limitation of three per intersection from the business is not favorable. He said that he understood that he they didn’t want cluttered intersections but there must be a way to solve this. His question was did the Committee look at ordinance from other towns.
Councilor Lymburner said that there was a request from the Chair of the Committee to have people submit their comments to Gordy who would forward them to the Ordinance Committee for review. She said that they didn’t receive comments and assumed that after the discussion at the past meeting that the ordinance was fine. She then clarified that it would be three signs per approach.
Councilor Pomerleau said that he had issues with sections 3, 4, and 5 still. He said that you have businesses that have been on the signs forever so that if a new business comes in they will never get a sign. He said that a new business would need the directional sign. He said that he didn’t like the grandfathering ether. He thought that it should be on a rotating basis so it would be fair to other businesses. He said that he had a problem with one company having up to four signs. He thought it should be no greater than two signs. He said that he still really didn’t support this.
Councilor Christy said that this ordinance was crafted from the State of Maine act. He said that they feel that it is a good ordinance for the town. He noted that coming up Route 25 as you approach the Route 35 intersection there is a directional sign to a marina on Route 302. He said that the State regulates the signs. He said that the Committee reviewed the draft ordinance and believe that they couldn’t do better than they did. He said that it may not satisfy every thing and it can be amended in the future if necessary.
Councilor Pomerleau asked if that marina sign would be grandfathered.
Councilor Lymburner said that she didn’t think that it would be allowed according to MDOT rules.
Councilor Christy said that there are three different size signs and the Town of Standish picked one standard size to be used in town. Also, the color will be standard.
Councilor Pomerleau asked if we could limit the term of a sign being posted in town. He went on to say that there are currently locations that have more that the proposed amount.
Councilor Lymburner said that there are places that currently don’t comply with the proposed ordinance and they would be grandfathered.
Councilor Pomerleau asked where the waiting list would be located.
Councilor Christy said at the State.
Councilor Simpson said that he would vote against this. He agreed with Councilor Nesbitt and Pomerleau, but he didn’t disagree with Terry. He said that we may have only had one request but others have gone up. He said that signs are going up everywhere and DOT is not following their own rules. He said that he goes by the adage if it’s not broke – don’t fix it. He said since this has come to us he has made a point of looking a these signs and all sorts of colors. He said that he is seeing the company’s logos. He said that he takes a look at number one and now there are more than one post per intersection. He said let the DOT handle it like they have in the past this is a nightmare that we are getting into
Councilor Lymburner said that the original ordinance that we submitted said that we would allow the DOT to regulate it program. She said that was sent back to committee because the Council wanted other rules to apply.
Councilor Christy said that it depends if you want clutter and this is a way around the billboard law.
Councilor Nesbitt asked if the State law said just one post assembly per intersection.
Mr. Billington said that language was taken from another municipality. He said that the Committee looked at ordinances from Windham, Gorham, Freeport, Cumberland and Buxton. This was the consensus of those towns.
Councilor Pomerleau said that the signs are good for small businesses.
Councilor Lymburner said if we defeated this what would happen.
Mr. Billington explained that if something is not passed the Code Enforcement Officer couldn’t sign off on the DOT application and the sign would not be installed.
Chair Hopkins said that the only reason that she was voting no on this was the three sign per post per approach; she said that was very limiting.
Moved by Nesbitt Seconded by Lymburner and Voted to amend paragraph one as follows:
(1) Directional signs shall be located within 1000 feet of the intersection where a change in direction is required. , and there shall be no more than 3 signs per post assembly, with only one post assembly per intersection approach.
Carolyn Biegel said she agreed with Mr. Christy that that clutter of the signs is not attractive. Also, she heard Mr. Pomerleau concern of businesses not having access to put up the signs. She wondered if there might be some sort of a compromise.
Councilor Pomerleau said that he would like to see it say no more than three signs per post assembly.
Councilor Simpson said that the amendment may remove some of his concerns but not all of them and he is not in favor of it. He said that we can amend this all night long the best thing to do it to kill it. He said that he listened to the Comprehensive Plan Committee and there are certain people that say this town has a good attitude towards business and there are others that say the town does not have a good attitude towards business and doesn’t encourage business. He said that by passing this thing it is saying no to business.
VOTE ON AMENDMENT: 5 Yeas – 1 Nay, Simpson
Councilor Lymburner noted that in North Conway, New Hampshire there are not signs like this and it is a thriving business community.
VOTE ON ORDER AS AMENDED: 5 Yeas – 1 Nay, Simpson
NEW BUSINESS
Chair Hopkins recognized Senator Bill Diamond who was in the audience this evening.
91-05 Resolution Establishing the Process for Accepting Public Easements for Certain Rangeways [Christy]
Councilor Christy explained in 2001 a Roadway Committee was established to address traffic issues in Standish. The Committee came back with recommendations. They reviewed old document regarding rangeways. The Committee and subsequent Committees had engineers review the roadways. At this time the Committee recommends to hold a public hearing in August to solicit input.
Chair Hopkins said that this is a resolution to develop the plan.
Louis Stack noted that on the attachment it referenced the width of rangeways while in fact Standish has four rangeways that are 132 feet wide.
David Thomas asked what happens when properties are taken by eminent domain and the reason for that taking is no longer necessary - what becomes of the land? Does it revert to the original owner or to the highest bid? He asked then what would happen in the case where Portland Water District had taken properties to who would those properties revert to?
Mr. Billington said that it would be offered to the Town first.
Councilor Lymburner said that rangeways were always the property of the Town.
Councilor Simpson said that utilities must offer it back to the Town.
VOTE: 5 Yeas – 0 Nays
92-05 Amendment to Standish Town Code, Chapter 181, Land Use. Zoning Regulations § 181-73, Definitions, § 181-8 Business and Commercial Districts and § 181-10 Industrial Districts
(Introduction) [Spencer]
Moved by Simpson Seconded by Christy and Voted to dispense with the Clerks reading of the ordinance. (Unanimous)’
Mr. Billington explained that this creates a new use in the Business and Commercial; and the second is in the Industrial District. In each of those zones it would be a special exception that would go before the Board of Appeals. After that if would go before the Planning Board for site plan review. This is the introduction and the Planning Board public hearing was last night.
Carol Billington said that a couple of questions came up mostly by Planning Board members. A comment was made that the definition was probably not clear. Also, there was a question from Bill Foster regarding if there was a home heating oil business where the oil was obtained from somewhere else, loaded onto the truck and took the truck to his home – would that be disallowed under this ordinance. The Planner advised him that it would be. She noted that was not the intent of the ordinance.
Caroline Biegel said that she was concerned with the meaning of the word “retail” and the use in this amendment. She said that what the real concern is the loading, trucking and storage more of that type of usage. She said that in her research she had not seen the word used in that way.
Councilor Pomerleau said that he was not sure what side of the mike to be on tonight. He explained that he was the owner of Maine-ly Heating Oil and to even suggest that he can’t load his truck and bring them back to his premises is a problem. He said that he owned a two acre lot in the Village Center. He said that about fifteen years ago he applied for a 20,000 gallon tank and it was denied by the Planning Board. Now, an applicant is being allowed this opportunity and the door is being shut so others can’t. This gives him a huge advantage. He said that it confuses him as a long time business in town. Now, they are saying that we can’t have loaded trucks in the driveway. He said that he would like to see this tabled to a workshop. This doesn’t belong here tonight. He said that it would affect him and another business in town and it will give the competitor a great advantage.
Councilor Lymburner said that the intent was not to allow exclusive rights to one company. She said that they noticed a deficiency in the ordinance. The intent was to clarify the ordinance not to give special benefits.
Councilor Nesbitt asked where it excluded bringing trucks onto the premises.
Carol Billington said that it was a comment made at the hearing there will be questions down the line. These are unintended consequences.
Councilor Nesbitt asked if the applicant went to the Appeals Board first.
Mr. Billington said that the applicant approached the Appeals Board for a business over 2,000 square feet. The applicant divulged the nature of the business to the Board; he was given a special exception for that business.
Councilor Christy said that the Ordinance Committee discussed this shutting the door on other applicants. He said that there was a difference of opinion regarding this ordinance in committee.
Councilor Simpson said that he agreed and disagreed with Councilor Pomerleau but he did hear his frustration. He went on to say that Councilor Pomerleau could make his application now. He said that he also heard the Planning Board Chair say that they had some questions and concerns about the definition.
Moved by Lymburner Seconded by Nesbitt and Voted to move this item to Committee. (Unanimous)
Chair Hopkins mentioned that the Council does receive the Ordinance Committee’s Agenda.
Moved by Simpson Seconded by Lymburner and Voted to take orders 93-05, 94-04 and 95-05 collectively. (Unanimous)
Mr. Billington explained that these all deal with a similar change to the Town Code. These amendments provide for the use of a consultant or third party review at the applicants expense. This standardizes the language in all the sections of the Code.
Louis Stack said that there is $1,000 in the budget for the Code Enforcement Officer to expend for consultants. Would the Planning Board take this money from applicants without it being in the budget?
Mr. Billington said that they have a contractual account for that.
Caroline Biegel said that she was in favor of this item. In a recent case the Planner said that he did not have the expertise on an issue before the Planning Board.
Mr. Billington said that administratively he had omitted the order regarding site plan review on the agenda tonight as an emergency.
Chair Hopkins asked if that could be entertained as an addition at the end of the meeting.
Mr. Billington said that it could.
93-05 Amendment to Standish Town Code, Chapter 181, Land Use, Subdivision Regulations, § 181-99, Municipal Consultant Fees (Introduction) [Spencer]
94-05 Amendment to Standish Town Code, Chapter 181, Land Use, Site Plan Review, § 181-70, Procedure for Submission and Review (Introduction) [Spencer]
95-05 Amendment to Standish Town Code, Chapter 181, Land Use, § 181-49, Industrial Commercial and Retail Performance Standards, Employment of a Consultant (Introduction) [Spencer]
VOTE ON 93-05, 94-05 and 95-05: 6 Yeas – 0 Nays
96-05 Authorize Reassigning Field Maintenance Contract to New Vendor [Pomerleau]
Councilor Pomerleau explained that the former vendor was not providing the agreed to services and the contract was terminated. Law and Order was contacted and agreed to accept the previous vendor’s contract.
Mr. Billington said that we did hire them on a month to month basis and they have done an exceptional job.
Louis Stack asked if Lawn and Order bid on the contract. He asked if other original bidders had been contacted.
Mr. Billington said that the other vendors in the original bid were considerably higher than Sundance Property Services.
Councilor Lymburner asked if this was for the remainder of the old contract.
Mr. Billington said that it was for the current contract which in is in the second year of a three year contract.
Councilor Christy asked if it was at the same rate.
Mr. Billington said that it was at the same cost as Sundance Property Services contract rate.
VOTE: 6 Yeas – 0 Nays
97-05 Approve Warrant for MSAD #6 Budget Referendum to be Held July 26, 2005 [Hopkins]
Councilor Lymburner said that she was totally shocked and disappointed that the majority of the School Board reduced the amount of article four by one dollar. They did that while stating that the people of Standish didn’t know what they were voting about. She said that she hoped that everyone comes out to vote on this.
Councilor Pomerleau said that they actually reduced the Standish rate by forty-two cents. So, we are spending $500-$1,000 to run an election to reduce the budget by forty-two cents.
VOTE: 6 Yeas – 0 Nays
98-05 Approval of Election Clerks and Election Warden for the July 26, 2005 SAD #6 Budget Referendum Election and Establish Number of Voting Booths to be Used [Hopkins]
VOTE: 6 Yeas – 0 Nays
99-05 Authorize Change in Voter Registration Hours Prior to the July 26, 2005 SAD #6 Budget Referendum Election [Hopkins]
VOTE: 6 Yeas – 0 Nays
100-05 Blanket Letter of Approval for Lake Region Shine Club to Operate a Game of Chance [Hopkins]
Chair Hopkins asked if this had been done before.
The Clerk explained that the Council had done a similar application for this group last year.
VOTE: 6 Yeas – 0 Nays
101-05 Town Council Chair Appointments to Council Subcommittees [Hopkins]
Chair Hopkins explained that there were very few changes on the list. She noted that Mr. Christy will serve as chair of the Ordinance Committee and Mr. Christy will take her spot on the PWD Steering Committee due to the work that he had done on the beach he will be a good addition to that committee.
Moved by Simpson Seconded by Christy and Voted to remove Councilor Spencer’s name from the committee’s list.
Chair Hopkins said that she would like to give this some time since we have just received the resignation.
Councilor Lymburner said she would like to see us take some time on this.
VOTE ON AMENDMENT: 0 Yeas – 6 Nays, Christy, Hopkins, Lymburner, Nesbitt, Pomerleau, and Simpson.
Dave Thomas suggested that members of the Comprehensive Plan group are appointed to some of these committees.
Chair Hopkins explained that these subcommittees are designated by Code and Charter.
VOTE: 6 Yeas – 0 Nays
Moved by Pomerleau Seconded by Lymburner and Voted to take a five-minute recess. (Unanimous)
Moved by Christy Seconded by Lymburner and Voted to reconvene the meeting. (Unanimous)
102-05 Amendment to Town of Standish Fee Schedule [Simpson]
Councilor Simpson explained that each year the Finance Committee reviews EMS fees to make sure that they are in line with Medicare and insurance companies. He said that for the past two Fire Chiefs and the new Chief we have ask them to go out and look fees for fire scenes. He said that the Chief has gone out and done a heck of lot of research. He has brought this fee schedule to us and the Finance Committee has approved it. He noted that the fees are about the average. He said that we would not be charging fees to people without insurance. He said that most homeowners have a provision in their policy to bill for fire related charges.
Fire Chief Jordan said that he hoped that is was written in a way that was easy to understand. He said that it took some work and research, and it is middle of the road as far as the rates. He said that if you look at the amount that has been spent in the past on equipment, personnel and fire department related costs these are reasonable fees that will only be billed to insurance companies. He said that he hoped that this will help the town out.
Councilor Simpson said that estimated this year alone the fees will bring in $75,000. The projected rate for next year is $75,000 to $100,000.
Chief Jordan offered to answer any questions.
Louis Stack asked about the fee schedule for photo copies. He asked if he asked for a copy of a document that is 100 pages long would he be charged $100. He said that he understands that the cost that is charged is the cost is to recoup the town’s expense. He said that he thought that they should review the fee schedule regarding the cost of copies; it should be based on the actual cost.
Councilor Simpson said that if there is a document of that size it probably a document that is already for sale. He noted that he often pays $1 for copies at other offices and more at the Registry of Deeds. He noted that the cost of producing copies was taken into consideration in determining the fee.
Louis Stack said that the thought that it needed to be looked at because he didn’t think that it was fair.
Caroline Biegel said that a lot of the information that is at city hall is only available there and she thought that a $1 per page was expensive.
Councilor Lymburner said that she agreed with these folks that the cost of the photo copies was exorbitant and it denies members of the public the ability to obtain copies. She said that what is before us today is new and she has many questions, what will be the impact to insurance, what do other towns do, she said that she would like to see it go to a workshop. She said that when the rescue fees went in it took a long time and there was a lot of discussion. She said that she would like the opportunity to discuss it in a workshop.
Councilor Pomerleau said that he would like to see it go to a workshop, he said that he had concerns with the costs that may be billed to the insurance companies. Especially the amount that may be charged in the case of an auto accident and he didn’t like the statement effective immediately.
Chief Jordan said that the rate on auto accidents was just the one fee regardless of the number of units that are sent.
Councilor Pomerleau that there is no need to rush into this; we have gotten along this far without the fees one more month won’t matter. He said that he would like to see it go to workshop.
Councilor Simpson said that the Chief is here tonight to answer questions that might come up.
Councilor Pomerleau said that he would be voting no tonight. This is 6 -7 pages of new fees. This hasn’t been discussed and the public hasn’t gotten a change to discuss it.
Councilor Simpson said that peoples insurance already provides for this. The Chief can answer many of the questions tonight.
Councilor Pomerleau compared the rate that we pay versus the amount that will be charged. He said that a ten hour fire could be belled at approximate $30,000.
Chair Hopkins said that the next order also involves the fee schedule. She said that it is often said that it is covered by insurance but will residents insurances be cancelled.
Moved by Lymburner Seconded by Pomerleau and Voted to Table this to the next meeting and to discuss it at the workshop. (5 Yeas 1 Nay, Simpson)
Councilor Lymburner said that she would like to have someone from the insurance industry here to explain what may happen to people’s rates.
Mr. Billington said that he would contact MMA and arrange for representative to attend the workshop.
103-05 Increase EMS Billing Clerk Hours [Simpson]
Moved by Simpson Seconded by Christy and voted to table this until the next meeting
(Unanimous)
104-05 Approval of Waste Hauler License Application [Simpson]
Councilor Simpson said that they were the low bidder for the waste hauling contract.
Roger Mosley, the Director of Public Works said that this was in order.
Councilor Lymburner asked if this was out of sequence with the other haulers.
Mr. Mosley said that his contract just started July 1st.
VOTE: 6 Yeas – 0 Nays
105-05 Establish Household Hazardous Waste Collection Day and Award Contract for Collection Services [Pomerleau]
Councilor Pomerleau said that the residents look forward to this day.
Roger Mosley said that the day will be held August 20 from 8:00 am to noon.
Councilor Pomerleau asked if we had to waive the bid process for this.
Roger Mosley said that is discussed in Capital Improvement and it was recommendation to stay with Clean Harbors.
Councilor Pomerleau said that he thought that we had to waive the bid process.
Mr. Billington said that by virtue of this order you are.
Councilor Pomerleau said that his is usually opposed to waiving the bid process but is in favor of this order because this day is a great success.
Louis Stack questioned if this was going to be advertised and will the public be notified of what items they will be able to bring.
Roger Mosley said that there will be ads on the web site, promotional materials at the transfer station, cable and in a local paper.
Councilor Pomerleau said d that maybe it could be noted in the manager’s report the accepted items can be announced.
Councilor Lymburner said that she would like to see posters the transfer station notifying of this.
VOTE: 6 Yeas – 0 Nays
106-05 Road Acceptance Submitted by Chase Custom Homes & Finance, Inc. - Prouty Drive [Hopkins]
Moved by Simpson Seconded by Christy and Voted to dispense with the Clerk’s reading of the order. (Unanimous)
Moved by Simpson Seconded by Lymburner and Voted to Indefinitely Postpone this order. (Unanimous)
Moved by Simpson Seconded by Christy and Voted to take orders 107-05, 109-05.110-05 and 111-05 collectively. (Unanimous)
Roger Mosley said that these are complete, but the signatures are being held waiting on housekeeping issues. Also, the deeds have not been reviewed by the town attorney.
107-05 Road Acceptance Submitted by Gilbert Homes, Inc. – Isaiah Drive [Hopkins]
109-05 Road Acceptance Submitted by Busque Construction – Southridge Drive [Hopkins]
110-05 Road Acceptance Submitted by Busque Construction – Fairwind Drive [Hopkins]
111-05Road Acceptance Submitted by Busque Construction – Nature’s Way [Hopkins]
VOTE ON ORDERS 107-05, 109-05, 110-05 and 111-05: 6 Yeas – 0 Nays
108-05 Road Acceptance Submitted by Gilbert Homes, Inc. – Florence Lane and Jodies Way [Hopkins]
Moved by Simpson Seconded by Lymburner and Voted to dispense with the Clerk’s reading of the order. (Unanimous)
Moved by Simpson Seconded by Christy and Voted for this item to lay on the table until August. (Unanimous)
112-05 Reduce Performance Guaranty – James Cummings – Corrine’s Place Subdivision – Lucky’s Run [Simpson]
Moved by Simpson Seconded by Lymburner and Voted to amend this order by adding the amount of $98,913.50 to the order. (Unanimous)
VOTE ON ORDER AS AMENDED: 6 Yeas – 0 Nays
113-05 Authorize Use of Town Council Contingency for Standish Congregational Church Donation and Overruns for Law Enforcement Fuels and Debt Service [Hopkins]
Chair Hopkins said that she thought that the donation to the church was for building permit fees.
Councilor Simpson said that they asked to have the fees waived, he said that we felt that would be setting precedence. He said that we are giving them the $3,500 for the fees.
Moved by Lymburner Seconded by Simpson and Voted to amend this order so the donation to the Congregational Church shall be used for building permit fees. (Unanimous)
VOTE ON ORDER AS AMENDED: 6 Yes – 0 Nays
114-05 Authorize Town Manger to Dispose of Real Property – Map 14 Lot 23 Sub 0 [Simpson]
Councilor Simpson said that this landlocked piece of property and we have been unable to contact the owner after a number of attempts. It is the recommendation of the Finance Committee to put it out to sale.
Caroline Biegel asked if the town would consider donating this to Habitat for Humanity.
Councilor Simpson said that it is landlocked.
VOTE: 6 Yeas – 0 Nays
115-05 Authorize Town Manger to Dispose of Real Property – Map 22 Lot 44 Sub 0 [Simpson]
Councilor Simpson said that this has been before us in the past. The owner has not responded to our numerous attempts to contact her.
Councilor Nesbitt said that this property is one that we should be aggressively marketed.
Councilor Lymburner asked how she had contact attempts been made?
Councilor Simpson said that in a number of ways.
Councilor Pomerleau said that he didn’t understand how people can let a property go to the town. He said that he was uneasy taking her property.
Councilor Simpson said that we discussed this issue at great lengths. The Finance Director goes to great lengths to give people ideas of the options available to them.
VOTE: 5 Yeas- 1 Nay, Lymburner
Moved by Lymburner Seconded by Christy to add order 116-05 to the agenda (Unanimous)
116-05 Town Council Appointment to Various Boards /Committees [Nesbitt]
Caroline Biegel said that she didn’t think that is was right selling the woman’s property. She noted that she was sorry to speak out of turn on the
VOTE: 6 Yeas -0 Nays
Moved by Lymburner Seconded by Christy to add order 117-05 to the agenda (Unanimous)
117-05 Emergency Amendment to Standish Town Code, Chapter 181, Land Use, Site Plan Review, § 181-70, Procedure for Submission and Review [Hopkins]
Mr. Billington noted that there are some applications that this could be used for at this time.
Councilor Simpson said if their application is already before the Planning Board are we pass this after the fact are we asking for trouble using this on their application.
Mr. Billington explained that the applications have not had substantial review only submitted.
VOTE: 6 yeas – 0 Nays
PUBLIC ITEMS
Louis Stack announced that the Budget Committee met last night and voted to meet on the second Monday in September, November and January and then monthly after that.
Chair Hopkins asked who the Chair was.
Louis Stack said that he was the Chair and Bill Orr is the Vice-chair.
Councilor Pomerleau noted that the Town of Sebago is holding their annual Old Home Days and Baldwin Businesses is holding their Appreciation Days this weekend.
Chair Hopkins said that when we walked in tonight we received Councilor Spencer’s resignation. She said that no one can challenge his commitment, dedication, and time. He often attended committee meetings that he was not a member of to keep up on the issues. Town does owe a great dept of service to Mr. Spencer. She went on to say that he would definitely be missed on this board.
Councilor Lymburner noted the MDOT is spraying along the roads as a method of brush control. Residents can request a no-spray agreement as long as they agree to cut the brush. Interested parties call the Region One DOT Office in Scarborough at 885-7000 or for more information you can call Augusta MDOT at 624-3107.
ANNOUNCEMENTS
Several upcoming meetings were announced.
EXECUTIVE SESSION (S)
An executive session was not needed at this meeting.
ADJOURN
Moved by Lymburner Seconded by Christy and Voted to adjourn. The meeting adjourned at 10:10 pm by unanimous consent.
Submitted by: ____________________
Clerk/Secretary
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