DRAFT--MINUTES ARE NOT OFFICIAL UNTIL
APPROVED BY THE TOWN COUNCIL--DRAFT
MINUTES
STANDISH TOWN COUNCIL
STANDISH, MAINE
TUESDAY, SEPTEMBER 13, 2005 – MUNICIPAL CENTER 7:00 PM
CALL TO ORDER
Pledge of Allegiance was recited.
ROLL CALL
Councilors present: Christy, Lymburner, Pomerleau, Simpson and Spencer. Councilor Hopkins was excused.
Vice-Chair Lymburner introduced Frank Holcomb, the chair of the Public Safety Committee who would be making a presentation.
Frank Holcomb presented a plaque honoring Gene Nesbitt for his dedicated to the Public Safety Committee and the town. He explained that Gene was instrumental in coordinating efforts with GPCOG, the Safe Community Coalition, Route 113 Corridor and various other projects that he worked on. Mr. Holcomb noted that Gene was the chair of the Public Safety Committee for some time and the Council representative. Mr. Holcomb noted that Gene will be missed and that they wished him luck.
Vice Chair Lymburner explained that as a member of that committee Gene’s participation in that committee was valuable to us because he was a tireless worker
EXECUTIVE SESSION
Moved by Christy Seconded by Simpson and Voted to move into Executive Session for review of an tax abatement due to poverty and infirmity as required under title 36 MRSA Section 841 (2) (Unanimous)
Moved by Simpson Seconded by Christy and Voted to rise from Executive Session. The Council arose from Executive Session by unanimous consent at 8:15 pm.
MINUTES OF PREVIOUS MEETING (S)
The minutes of August 9th meeting were approved as presented by unanimous consent.
PETITIONS AND COMMUNICATIONS
There we no petitions or communications presented at this meeting.
REPORT OF THE TOWN MANAGER
Managers update included:
From Public Safety – MSAD#6 High School Inspection follow-up shows 222 of the 248 summer findings were corrected before the start of fall classes -- which the Fire Chief considers an excellent response.
From Recreation – After School recreation and soccer are both underway. This year the Town of Limerick will participate in the soccer schedule.
There will be a bean supper for seniors at the Steep Falls Fire Barn Saturday September 24th from 5 to 7 PM and on Thursday October 13th there will be a senior’s foliage trip to Bethel.
Halloween activities this year will be held on the Saturday the 29th of October with hayrides, etc. at Standish Memorial Field. FMI call Linda Brooks at 642-2875.
The Home Energy Assistance Program: We received several inquiries this week on the Low Income Home Energy Assistance Program. The program is a federal program that benefits low income households by making supplemental payment on their behalf directly to their fuel vendor, whether it is for oil, electricity, coal, gas or wood. The program is managed by community action agencies and in Cumberland County is handled by the Peoples Regional Opportunity Program, PROP. Prop can be reached directly for at 874-1140. For those who qualify for General Assistance, Maurice Geoffroy is available to help on Tuesdays with filling out the necessary paperwork. For others who qualify, there will be two enrollment days here at the Town hall. On Thursday September 29 from 8:30 to noon and from 1:00 to 3:30 those over 60 years of age or those with
children under 2 can apply. For all other, the open day will be Tuesday, Wednesday and Thursday December 27 to 29.
From Public Works: Boundary and Cape Roads received their second coats of pavement. Oak Ridge Drive has been repaved.
Councilor Spencer questioned the Fire Chief about the meeting that was held regarding MSAD 6 did he understand correctly that the State Fire Marshall Office was required to inspect those buildings once a year?
The Fire Chief said that they were required to insect the buildings once a year.
Councilor Spencer questioned how there could be 228 violations could occur in one year? He said that he assumed that they were short staffed like most State agencies.
Vice-Chair Lymburner questioned Gordy about the bean supper; she said that is being held to raise money for the senior citizens. She asked if it was open to all to attend?
Gordon Billington said that the supper is a fund raiser. Another fund raiser is a quilt raffle.
PUBLIC HEARINGS
93-05 Amendment to Standish Town Code, Chapter 181, Land Use, Subdivision Regulations,
§ 181-99, Municipal Consultant Fees [Spencer]
Moved by Simpson Seconded by Christy and Voted to dispense with the Clerk’s reading of the ordinance. (Unanimous)
Councilor Spencer explained that this pertains to the Planning Board being given the authority to obtain the services of a third party consultant. The costs of the consultant would be paid by the applicant.
After a Pubic Hearing without additional Council or public discussion the above titled ordinance amendment was approved and the hearing was closed.
VOTE: 5 Yeas – 0 Nays
94-05 Amendment to Standish Town Code, Chapter 181, Land Use, Site Plan Review, § 181-70,
Procedure for Submission and Review [Spencer]
Moved by Simpson Seconded by Christy and Voted to dispense with the Clerk’s reading of the ordinance. (Unanimous)
Councilor Spencer explained that this pertains to the Planning Board being given the authority to obtain the services of a third party consultant. The costs of the consultant would be paid by the applicant
Vice-Chair Lymburner said that this unifies the wording in the Code.
After a Pubic Hearing without additional Council or public discussion the above titled ordinance amendment was approved and the hearing was closed.
VOTE: 5 Yeas – 0 Nays
95-05 Amendment to Standish Town Code, Chapter 181, Land Use, § 181-49, Industrial Commercial and Retail Performance Standards, Employment of a Consultant [Spencer]
Moved by Simpson Seconded by Christy and Voted to dispense with the Clerk’s reading of the ordinance. (Unanimous)
Councilor Spencer explained that this pertains to the Code Enforcement Officer being given the authority to obtain the services of a third party consultant. The costs of the consultant would be paid by the applicant
William Orr of 32 Kerri Farms Road questioned that most of the plans were approved by a licensed engineer. He asked if there was any provision in the ordinance for the engineer to go out and see that the plan was build to comply with the plan that was submitted.
Roger Mosley said that upon final acceptance of the subdivision there is a requirement to have a as built plan of the subdivision. He said that the design engineers are responsible for the as built plans.
William Orr asked if the plan were on file at the town office?
Roger Mosley said that they were.
After a Pubic Hearing without additional Council or public discussion the above titled ordinance amendment was approved and the hearing was closed.
VOTE: 5 Yeas – 0 Nays
128-05 Approval of First Time Liquor License Application Submitted by James Paquette dba Legends Memory Lane located at 2 Ossipee Trail East for a Class A Lounge [Lymburner].
Mr. Billington explained that the inspections have taken place and the Public Safety Department found items on the egress doors and they needed crash bars. The applicant is in the process of having those installed. Additionally, the sprinkler system needs to be inspected.
Ann Farrar of 15 through 25 Ossipee Trail East which is directly across from the Marrett House which is adjacent to the so called “Bump on the Hump” which is a nickname for the place that we are talking about. She said that you would not be able to believe her elation when the closed sign was placed on the marquee, even though the marquee is an illegal sign. She cited that the bar has 33 feet of road frontage which is less than required by Code section 181-17. She said that her happiness was short lived when someone changed the sign to “Grand Opening September 23’”which within a day changed to “watch for our grand opening”. She said that she guessed that someone got ahead of themselves. She passed out a copy of a notice that she distributed to neighbors of the “Bump” during the last several days. She said that you will notice that it is signed because she does not participate in back door politics. She said that this evening she is in opposition to the issuance of the
licenses as noted in the Council agenda for the instances that she has eye witnessed in the past year. She said that she begs that the Council has the foresight to dream of a village center that is appropriate to the wishes of the people of Standish. She said that in the survey of the Comprehensive Plan the people of Standish voted for sidewalks, lights and the ability to walk to the market. She said that she didn’t think strolling past a bar between cigarette butts and beer bottles is exactly the village dream that people had in mind. She said that a sidewalk would make more room for parking, the motor bikes that presently ride and drive on other people’s lawns and property. She said don’t forget the snowmobiles who need and desire to park at the door, heaven forbid that we need to walk in the snow too far. She said that there are those who need to defecate in other peoples parking lots – she said that she reported
this to the Sheriff’s Department. She noted that it had happened more than once. She said that maybe she and the phone company should provide porta-potties and wash stands. She said that then there is the children, maybe that car with the baby in an infant car carrier who parks around seven o’clock at night and leaves after ten should have town assisted child care on site. She went on to say that the ten or eleven year old who comes stomping to the bar with dad like he’s a big man should be home playing with his fiends and not sitting on a bar stool watching the glory of suds. She said last but not least is the outside wrangling and fights that happen between the Tompson House and behind the Farrar’s back door. She said that she could not quite make up her mind if it is safer with all the pavement and lights in place provided by the phone company and her or is it safer to turn off all the lights off and maybe they will go
home and not have a party after the party. She said that you say this lady doesn’t like bars and I say that you are right. She said that she doesn’t like the abusive aftermath that booze brings home to the children and others of the world and she said that she didn’t like people that drive vehicles and kill others because that’s what booze does when you drive and drink. She said that she didn’t like the hereditary influence that has been proven over the years to exist from participation in consumption. She said that she has watched people drive over the Merritt House lawn to get to a parking space next to bar. She said day and night they watch people make “U” turns in the middle of the Route 25 within a hundred feet of that traffic light just because they wanted to turn around and go in the other direction after participation at the bar. She said that she had her signs run over, she’d been threatened to be
run over and she had had vehicles parked on her lawn. She said that bars bring this type of people into the village. She said that’s not to say that to say that the bar people are the only ones that do this, don’t get her wrong. She said that this not her business participants desire and not what we desire from our village center. She said that she does hate people who complain without constructive suggestions. She said that she agreed that everyone should have an out or a suggestion to go with their complaint. She said that she would publicly suggest the following: 1) the council approach the phone company for a gift of or purchase of the white house, the building that burnt in June. 2) the town eliminate the five parking spaces that are in the public right-of-way making room for a right turn lane. 3) the town take by purchase or eminent domain the bar whose front porch is already setting within the Town’s famous
8-rod road. 4) number one is especially important if it is determined by the phone company that the white house is structurally unsound. 5) the town then make a green space village center-which is coincidently close to the original village center and construct a gazebo/bandstand and walkways to the Merritt House and the George E. Jack School.
Mrs. Farrar said heaven forbid that maybe we would construct a sidewalk all the way to the traffic light at Colonial Marketplace and the shops, stores and the new bank that will be along the way. She said that she would like to remind the people and Mrs. Lymburner of her passionate statement about the traffic conditions on Route 25 at the Rangeway public hearing. Mrs. Farrar said that the statement reiterated that the Gorham traffic is going to continue and a large number of accidents that happen along the stretch of road and we will eventually have to address it. She that she hoped with the five or six statements that would start to address this situation. She said that she begged that the Council consider a hint that if bars are what people want in that area of town then maybe instead of coffee in the so called
fire barn she should consider other forms of liquid refreshment in the opening. She said 19,000 square feet in the village center with all the parking that is needed. She said that her husband and she feel vary serious about this, to the point that they are willing and tried to purchase the Tompson House. She said if they had purchased the Tompson House there would be no parking for the bar. She said that it was her opinion the Council had ways to address this issue. She said that she hoped that she had given them some food for thought. She said that she hoped that they would reconsider reissuing of the licenses.
Louis Dudek who lives in the Standish Corner area said that he would like to say that he received one of the notices that Ann passed out. He said that he did not understand how this bar existed without adequate parking.
Vice Chair Lymburner noted that the bar was there before the parking situation changed. She said that she thought that that area had been a bar for over a hundred years.
Louis Dudek said that some of his concerns that he had were the noise problem. He said that parking was another concern. He said that the definition of insanity is doing the same thing over and over again. Here we are putting a bar in again, how many bars have been in there in the past hundred years. He said that he liked Ann’s ideas about the green space. This is somewhere that we could go with this or his suggestion of senior housing in that area. He said flower gardens might be nice but he wasn’t sure how we would pay for it. He said that this is kind of what people move to Standish for the village center, the old time village center it would be nice to keep that. He said that it was zoned for commercial and residential and we want to respect the residents that live
there. He offered his help in this matter.
Jim Paquette the applicant said that he didn’t know anything about the past, he noted that he was new to the community. He said that he could not speak to anything that has happen in the past. He said that he is trying to have a place where mature people can go to dance and have fun. He said that he is trying to remodel both inside and out. He said that he is going to do the best that he can to make it more a family type of place. He said that he could not guaranty that there will never be any issues. He said that he will do his best to see that it doesn’t happen. He said that he wanted it a place where more mature people can go to have fun. He said that all the other clubs or bars are for young people. He said that if there is anything that he could do to assure that
things will be run differently he would do it.
Councilor Pomerleau questioned that you said that there would dancing, and there is a second floor—is that where the dancing takes place?
Mr. Paquette said no there is a pool table upstairs.
Councilor Pomerleau asked how many people can fit up there, is there a limit?
Jim Paquette said that there are two pool tables and game room.
Councilor Pomerleau asked if there would be live bands?
Mr. Paquette said yes.
Councilor Pomerleau asked when there is a live band how many people do you expect, about one-hundred and where do you expect these people to park? Do you have an agreement with the Tompson House to park there or do you assume its okay to park there? He said that the applicant a year ago had said that he had an agreement with the phone company for parking.
Mr. Paquette said that he has the same agreement.
Councilor Pomerleau said that you have talked to them yourself?
Mr. Paquette said that the landlord had made those arrangements.
Councilor Pomerleau said that he would like to see the agreement to be assured that there is the agreement. He went on to say the phone company is moving. What will happen if you lose the parking at the phone company? What will happen if the next owner doesn’t allow parking there, what do you do with those 65 cars?
Mr. Paquette said that it is in his lease but he had asked that same question of himself.
Councilor Pomerleau said that he has had problems at his property. He asked if there would be doormen at his place?
Mr. Paquette said that there would be a doorman at the door the nights that there is a band.
Councilor Pomerleau said if the doormen would patrol outside?
Mr. Paquette said that they would. He went on to say that he had checked into the noise level and thought that it was too loud.
Councilor Pomerleau said how would you change something that?
Mr. Paquette said he would turn it down. He said that he wanted to have people be able to talk and have fun.
Councilor Pomerleau asked if he thought that he could have some kind of agreement presented to the town showing that you have permission to park on the Tompson property? He said that it was a concern to him there are 65 cars being parked on various properties.
Mr. Paquette said that he can only say what he had been told.
Councilor Pomerleau said that you have only talked to Jamie Tompson not the phone company.
Mr. Paquette said that he had not personally talked to the phone company.
Councilor Pomerleau said that he wanted to see something showing that you have the right to use that property for parking.
Mr. Paquette said that’s fine.
Councilor Simpson said Mrs. Farrar mentioned both these orders. Councilor Simpson questioned if a band was the only entertainment that they were considering for live entertainment?
Mr. Paquette said a band or a DJ.
Councilor Simpson said that one of the things in the past have been complains about noise up there. He said that at one time we made time close the doors and windows in the summertime.
Mr. Paquette said that his plan was not to have a band in the summertime because it doesn’t make sense. Usually, bars stop having bands towards the end of the spring. He said that he might have a DJ once in a while but not a band.
Councilor Pomerleau asked if there was going to be food there?
Mr. Paquette said minimal, chicken tenders or burgers.
Councilor Pomerleau asked what is the age limit that can enter?
Mr. Paquette said that you have to be 21.
Vice Chair Lymburner asked is that a new sign?
Mr. Paquette that there is a sign on the door that he installed.
Councilor Christy asked about getting a better plot plan for the upstairs of the place. Also, a reaction to Mrs. Farrar’s comments and that the Comprehensive Plan and the discussion of that area. He said that he thought that the climate was changing regarding retaining the village atmosphere. He noted that his daughter’s car broke down in that area one time and she ran for her life when a couple of drunks started chasing her. He said that’s just a small personal instance. He said that he knew that a bar had been there for years and years. He said that if the Council re-institutes the Roadway Committee which discussed the entire village area not only the rangeways. He said that our thinking has to be forward now to think how we can solve that flow coming from Gorham. He said
that the Council has some big decisions to make we have an application before us now. He noted that he was concerned about the noise up there and wants on to go on record on that. He said that he was concerned that changes needed to be made traffic wise and also he would support the Comprehensive Plan one-hundred percent.
Marcie Walker said that she rented at the Standish Manor. She said that she has lived here for three years and she agreed with Ann’s letter and was grateful for the notice. She said that she wanted to belong to a community that she could be proud of and she said that she appreciated some of Ann’s suggestions. She said that as tourist and others moving through our community all of us want a community that we can be proud of. She said that she appreciated that the Council wanted to be forward looking. She said that she could only offer opinions because she had no facts or figures before her. She said that it was her opinion is that if we can cast a vision of what a beautiful place this can become—a real town. She thought that in the beginning Standish’s roots were in
agriculture and there was not a need for a real downtown. She said that she thought there was an opportunity to establish that and she was excited to hear that there was discussion about sidewalks. We have often said that wouldn’t it be great if the Town would put in sidewalks. She said who knows maybe someday there will be sidewalks all the way down to the Sebago boat ramp and all along the way there will be trees and flowers; residential and some commercial establishments mixed in; and have a Comprehensive Plan with a decided upon look to present to the public and that the citizen can be proud of.
William Orr said that we are a Town of laws and he assumed that the application had complied with those laws. He said that it is not fair to blackmail a new application to do something above and beyond those laws.
Florence Jello said that she was not here to squelch any business but after having lived across from the bar for the past year and a half she said she had some valid concerns. She said that noise was a huge concern, parking, partying that goes on after hours. She said that she hoped whoever comes in there would take the time to look at some of the issues and looks at safety issues. She said that she had people walk through her yard from the Tompson House. She said that from the language that is being used you can tell that people have been drinking.
Vice Chair Lymburner asked if she had called the police when that has happened?
Ms. Jello said that they had been lucky because the couple of times when it has gotten her attention the officers have been sitting at the Mobil Station.
Ann Farrar asked if there was a definition under the liquor law as to the percentage of alcohol / food needs to be sold?
The Clerk noted that a Class A lounge is defined that food and liquor is served at booths, tables and at the bar. The applicant does make scheduled reports notifying the state as to how much is being sold, but she was unaware of the actual percentage.
Councilor Simpson said that there is a percentage.
The Clerk said that it is a state application that is endorsed locally. She went on to note that on the back of the application are the findings for denial.
Councilor Simpson said that what Mary said is what troubles him. If you look at all towns, if we deny this he will go to the state for final approval. He said that the state has that authority not the town.
Councilor Christy said that Bill was right we have laws on the books. He said that we have to search deep to see if there have been problems, he said that he was torn about this. He said that he would listen to the residents up there.
Vice Chair Lymburner said that she agreed with him and heard the concerns of the people in the neighborhood. She said that this is a new business and with the new owners they may have different clientele. She said that she would request that the Town Manager gets records from the Sheriffs Department regarding calls there.
Carlene Flint said that she was helping the applicant get this going and she would be doing the books. She said that each month they will have to report to the state but she wasn’t sure of what the percentage was. She said that she felt terrible about what was happening here tonight. She said that they are not kids this is something that they have dreamed about for all their lives. She said that she wished that they had approached them instead of sending notices. She said that the bar was their neighbors too. She said that you sent notices to the neighbors—we will be you neighbor. She said that they have been trying to clean up the property and planting flowers out front. She said that the last owners were never there they had employees run the place. She said that she and
Jim will be there and run the place. She said if someone has a problem they can come to them. She said that they don’t want any problems. She said that as far as what happens after they close they don’t have control over that. She said that she would call the police if she became aware of an issue.
MOVED by Christy Seconded by Simpson and Voted to amend the order to change the name on the application to Memory Lane. (Unanimous)
VOTE 5 Yeas – 0 Nays
129-05 Application submitted by James Paquette of Saco dba Legends Memory Lane located at 2 Ossipee Trail East for a Special Amusement Permit allowing Live Entertainment [Lymburner]
MOVED by Pomerleau Seconded by Simpson and Voted to amend the order to change the name on the application to Memory Lane. (Unanimous)
Councilor Pomerleau noted that the hours of operation said 11:00 am until 1:00 pm is that right.
The applicant explained that the hours of operation should be Monday through Thursday 4:00 pm until 12:00 am; Friday and Saturday 4:00 pm through 1:00 am; Sunday 4:00 pm through midnight. through Sunday
Councilor Pomerleau asked that the application be corrected.
Councilor Christy asked about noise ordinance.
The applicant said that there will be no entertainment on Sunday.
The Town Manager read the definition from the ordinance regarding noise.
Vice Chair asked about the hours of the previous applicant’s hours.
The Clerk said that she did not know what the hours were for the previous applicant.
VOTE 5 Yeas – 0 Nays
130-05 Application submitted by James Paquette of Saco dba Legends Memory Lane located at 2 Ossipee Trail East for a Pool Room License [Lymburner]
MOVED by Christy Seconded by Simpson and Voted to amend the order to change the name on the application to Memory Lane. (Unanimous)
VOTE 5 Yeas – 0 Nays
COMMITTEE REPORTS
Councilor Pomerleau said that Capital Improvement Committee has a number of items on the agenda this evening.
Councilor Christy said that the Ordinance Committee agenda will be available soon. He went on to say that the Roadway Planning Committee may be reconstituted. He noted that the PWD Steering Committee Meeting will be this Thursday in Portland. Councilor Christy said that he may be unavailable to attend this meeting. He said should the meeting be postponed or would the other members plan on attending.
Councilor Simpson said that he would plan on attending.
Vice Chair Lymburner a member of the Steering Committee said that she would attend as well.
Vice Chair Lymburner said that the Public Heath and Safety Committee have been approached by people who wanted to be part of the annual fair.
CONSENT CALENDAR
131-05 Authorize Change in Voter Registration Hours Prior to the November 8, 2005 Election [Hopkins]
132-05 Approval of Election Clerks and Election Warden for the November 8, 2005 Referendum Election [Hopkins]
133-05 Establish Opening Time of Polls for November 8, 2005 Election [Hopkins]
134-05 Appoint Town of Standish Voting Delegate and Alternate for Maine Municipal Association Annual Business Meeting [Hopkins]
Louis Stack asked if people could register to vote at the polls.
The Clerk explained that this allows time for the check list to be prepared for Election Day.
The Clerk read the orders by title and the Council voted on the four orders collectively.
VOTE ON CONSENT CALENDAR: 5 Yeas – 0 Nays
UNFINISHED BUSINESS
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 (First
Reading) (Moved to Committee on 7/12/05) [Spencer]
This item will remain in committee.
102-05 Amendment to Town of Standish Fee Schedule (Tabled Until the September Meeting) [Simpson]
Moved by Simpson Seconded by Spencer and Voted to Table this item. (Unanimous)
103-05 Increase EMS Billing Clerk Hours (Tabled Until the September Meeting) [Simpson]
Moved by Simpson Seconded by Christy and Voted to remove this from the Table. (Unanimous)
Moved by Simpson Seconded by Christy and Voted to move this to the Personnel Committee. (Unanimous)
NEW BUSINESS
135-05 Action Concerning Poverty Tax Abatement Application [Lymburner]
Moved by Simpson Seconded by Christy to indefinitely postpone this item.
VOTE: 5 Yeas – 0 Nays
136-05 Amendments to the Standish Town Code, Chapter 181, Gravel Pits §181-16, (Introduction) [Christy]
Moved by Spencer Seconded by Christy to dispense with the Clerks reading of the order. (Unanimous)
Town Manager, Gordon Billington explained that this sets up the inspection cycle for gravel pits that are paid by the applicant.
Bill Orr asked who signs the agreements with the town when the pit is opened is that agreement transferred to the new owner.
Town Manager Gordon Billington said that this is the only tool that the Town and it was recently past allowing the ability to deny final approval in they are in default.
Bill Orr doesn’t the town make them sign a new agreement.
Mr. Billington said that the current owner would be responsible for whatever approval is given for that property.
Mr. Orr said that doesn’t seem to be a reasonable position, is there something that he could read to confirm that.
Vice Chair Lymburner said that it is buyer beware. The new owner needs to be aware of what they are buying.
Moved by Seconded and Voted to move this item to First Reading at the October 11 Council Meeting.
137-05 Receive Ad-hoc Committee on Senior Housing Report and Recommendation and Extend Mission of the Committee [Lymburner]
Vice Chair Lymburner said that the Committee made a presentation at the last workshop. She said that this accepts the report and extends the committee.
VOTE: 5 Yeas – 0 Nays
138-05 Resolution to Establish October 15, 2005 as Standish Health and Safety Day [Lymburner]
Moved by Christy Seconded by to dispense the Clerks Reading of the Resolution.
Motion failed for lack of a second.
Vice Chair said that one of the things that has come out of this years fair is the close relationship between the committee and the Fire Department. She said that she was happy to see that happen. The Fire Department is going to be doing a lot more on health and safety and this should be a great fair. She explained that there is a new deputy in Standish whose mission is to do work in the community. The deputy will have a presentation at the fair regarding the Triad program that is sponsored by the Sheriffs Department geared to senior citizens. One of the programs offers a special outdoor light bulb that is has the ability to be set to a flashing mode to alert passersby’s that a problem exists at that home. There are other programs that he will bring forward as well. She explained that there
will be free things at the fair for seniors; four bikes for various ages; an infant, adult and senior baskets are also given out to show the Towns appreciation to the community.
VOTE: 5 Yeas – Nays
139-05 Authorize Health and Safety Fair to be Held October 15, 2005 with the Fire/EMS Open House [Lymburner]
Vice Chair Lymburner said that the first order established the day and this is to actually have the fair.
VOTE: 5 Yeas – Nays
140-05 Set Mil Rate, Due Dates and Interest Rate for FY 2006 Taxes [Hopkins]
Moved by Simpson Seconded by Christy and Voted to amend as shown below. (Unanimous)
ORDERED that the Council accepts the assessor’s recommendation to set the tax rate for the 2006 fiscal year at $10.11 /1,000 valuation based on a total valuation of $ 933,334,003 for a total taxation of $ 9,436,007 with an overlay of $ 25,881, and
Louis Stack asked if this mill rate covers the Town’s obligation for half of the homestead exemption?
Gordon Billington said that it does and the amount is approximately $132,678.
Mr. Stack asked what that related to in the mil rate.
Mr. Billington said that it is in this calculated rate.
Mr. Stack said that the state established a homestead rate of $13,000 in valuation and they will reimburse us for half of that and the Town is responsible for the other $6,500. He asked how is that an exemption if you have to pay taxes on it?
Mr. Billington said that you are exactly right.
Vice Chair Lymburner said that it is juggling and it makes no sense.
Mr. Stack said that it spreads the amount over all the taxpayers but it still requires the home owner to pay an increase mil rate to cover this exemption.
Mr. William Orr asked it the mil rate included the 7% increase in valuation?
Councilor Simpson said that it does.
VOTE ON ORDER AS AMENDED: 5 Yeas – 0 Nays
141-05 Stoney Hill Subdivision – Release Performance Guaranty held for Chase Street [Simpson]
Moved by Spencer Seconded by Christy and Voted to dispense with the Clerks reading of the order. (Unanimous)
Roger Mosley explained that when we accept a subdivision the ordinance called to establish a two year maintenance guaranty and this is the release of that.
VOTE: 5 Yeas – 0 Nays
142-05 Reduce Performance Guaranty- Cummings – Corrine’s Place [Simpson]
Moved by Simpson Seconded by Christy to amend the order by adding the amount of $78,707 to the order.
Mr. Louis Stack questioned that Cummings had brought water across Route 35 and they left that hump in the road where they repaved it, what are we doing about that?
Roger Mosley said that that street opening is with MDOT. They have the oversight of that.
Mr. Stack said that we will be driving our snowplows over it. What kind of leverage do we have?
Mr. Billington said that we will contact Scarborough about this.
Mr. Orr questioned that the developer was suppose to drive a pipe under the road to qualify for the cluster subdivision.
Mr. Billington said that he received a waiver of five year moratorium on opening the road.
VOTE ON ORDER AS AMENDED: 5 Yeas – 0 Nays
143-05 Award Bid and Authorize Contract for Purchase of Winter Sand [Pomerleau]
Moved by Spencer Seconded by Christy to Dispense with the Clerks reading of the order. (Unanimous)
Councilor Pomerleau explained that there were six bidders and Mr. Busque was the lowest.
William Orr said that many of the next few orders have a nominal amount specified but don’t tell the total dollar value.
Vive Chair Lymburner said that they will take that under advisement.
Roger Mosley said that it will be approximately 8,000 yards.
VOTE: 5 Yeas – 0 Nays
144-05 Award Bid and Authorize Contract for Gravel on Moody Road [Pomerleau]
Moved by Spencer Seconded by Christy to Dispense with the Clerks reading of the order. (4 Yeas – 1 Nay Pomerleau) The order was read.
Councilor Pomerleau said that six companies bid on this.
VOTE: 5 Yeas – 0 Nays
145-05 Award Bid and Authorize Contract for Gravel on Milt Brown Road [Pomerleau]
Councilor Pomerleau said that Busque was lower on option one, and Maietta was lower on option 2, but the Committee decided to go with Busque since this project will use very little of the 3’ gravel.
VOTE: 5 Yeas – 0 Nays
146-05 Award Bid and Authorize Contract for Engineering Services [Pomerleau]
Council Pomerleau we went with the low bid on this.
VOTE: 5 Yeas – 0 Nays
147-05 Award Bid and Authorize Contract for Fire Hose [Pomerleau]
Councilor Pomerleau said that we went with the low bid for the hose there were five bidders.
The Fire Chief explained that capital outlay is $10,000 so between the 1 ¾” and 2 ½” four-thousand feet and 500 feet of four inch hose.
VOTE: 5 Yeas – 0 Nays
148-05 Award Bid and Authorize Contract for Fire Hose [Pomerleau]
VOTE: 5 Yeas – 0 Nays
149-05 Award Bid and Authorize Contract for Parcel Base Map GIS Services [Pomerleau]
Councilor Pomerleau said that we have used this company before.
Mr. Billington explained that there were two bids and the other bid was $58,000.
VOTE: 5 Yeas – 0 Nays
150-05 Authorize Town Manager to Negotiate with Adelphia for Extension of Contract [Hopkins]
Mr. Billington explained that Tony Vigue has been representing the town regarding the proposed buy out of Adelphia by Time Warner and the transfer of the contract to Time Warner. He said that in reviewing the proposal there is a option to extend the current contract, by so doing Time Warner will be bound to those contract terms. It is in the Towns best interest to do this contract extension.
Council Christy asked that they push for a higher percentage discount for seniors.
Mr. Billington said the contact will have to remain the same just extended.
VOTE: 4 Yeas -1 Nay, Christy
151-05 Authorize Town Manager to Negotiate with Munis Regarding the Computer Systems Upgrade [Simpson]
Councilor Simpson said that a number of municipalities were involved in this program and Finance Director Dick Lagarde is in full support of this.
VOTE: 5 Yeas – 0 Nays
152-05 Designation of Reserve Engine [Pomerleau]
Councilor Pomerleau explained that recent mechanical problems with trucks showed the need to keep this truck as a backup vehicle.
Chief Jordan said that it is important because it help keep our ISO rating at a higher level which helps to reduce homeowner’s insurance rate. This will be strictly used as a reserve vehicle. It would be equipped as a backup vehicle.
William Orr said that he urged the Council to turn this order down. If you are adding more vehicle to the road all the time. Using parts from other vehicles to outfit this vehicle. Eventually we will have to replace this truck with a new vehicles.
Councilor Christy said how he has all this information.
Councilor Pomerleau said that the vehicle that we took parts off of was unsafe. He said that money will not be put into this.
Chief Jordan said that any vehicle that is sold should be stripped of equipment that will then be placed on the newly purchased vehicle.
VOTE: 5 Yeas- 0 Nays
153-05 Designation of Water Rescue Vehicle [Pomerleau]
Councilor Pomerleau said that this will be used to get the boat to the water and be outfitted with the water rescue gear.
VOTE: 5 Yeas- 0 Nays
154-05 Town of Standish Orders of Town Council Authorizing Issue off $819,615 Principal Amount of Bonds [Simpson]
Moved by Spencer Seconded by Christy and Voted to dispense with the Clerks reading of the order. (Unanimous)
Councilor Simpson said that this is self explanatory this authorized us to obtain the bond.
William Orr asked when will the town receive the money?
Councilor Simpson said just after the first of the year.
William Orr asked what the expected interest rate will be.
Councilor Simpson said that it should be 3.5. % to 4%.
VOTE: 5 Yeas – 0 Nays
155-05 Town of Standish Reimbursement Resolution [Simpson]
Councilor Simpson said that this allows us to expend monies and the reimburse that fund.
VOTE: 5 yeas – 0 Nays
156-05 Write-off Uncollectible Prior Year Personal Property Taxes [Simpson]
Moved by Simpson Seconded by Christy and Voted to dispense with the Clerks reading of the order. (Unanimous)
Councilor Simpson said that this is a result of the audit. He said that many of these businesses no longer exist and money is uncollectible.
VOTE: 5 Yeas 0 Nays
157-05 Award Bid for Sale of Tax Acquired Property [Simpson]
Councilor Simpson said that this is a land locked property. The minimum bid was $8,481.96 their bid was $10,100.
William Orr asked if the land could be subdivided. He asked if the town made any stipulated to the sale.
Councilor Simpson said no.
Councilor Pomerleau asked where did we come up with the minimum bid.
Councilor Simpson said that was what was owed for back taxes.
Councilor Pomerleau said that it was assed for more than that. He asked if as long as we get the taxes is that all we care about.
Councilor Simpson said that it’s not that we don’t care but we look at each one individually.
VOTE: 5 Yeas – 0 Nays
158-05 Authorize Sale of Tax Acquired Property [Simpson]
Councilor Simpson said that this had been a real problem for us. It has been in an estate. Dennis Peneck claims to have a life estate. It is put out to bid disclosing that. The people that have been living there have a variety of problem, one is in prison, drugs, the trailer’s windows are broken out and it is full of trash. Legal counsel recommendation is to sell the property and remove the trailer.
Councilor Pomerleau said that we are not talking about Dennis Peneck’s property, he has a nice trailer. Also, his taxes are paid. We mentioned his name and started talked about the property had drugs and activities going on. Councilor Pomerleau asked about the minimum bid amount, where did we come up with that amount is it the back taxes?
Councilor Simpson said no. He said that we had a judgment against Pearl Peneck which was a fine and taxes in the amount of approximately $16,000. It was thought if we could get $10,000 and get, get the building out of there and out liability out of there we better take it and run.
Councilor Pomerleau asked if the trailer was removed could another house be built in its place.
Councilor Simpson said that someone could build in the same footprint.
VOTE: 5 Yeas – 0 Nays
Moved by Simpson Seconded Christy and Voted to add order 159-05 to the agenda. (Unanimous)
159-05 Accept the Report o f the Community Center Study Committee and Negotiate Purchase of Property [Simpson]
Councilor Simpson said that the Committee has been looking at possible locations for a community center. There were negotiations with the Kiwanis Club and with the people to our west here Recent we talked with the Boulters who we bought the land for this building. They have agreed to negotiate with us for a 9.1 acres parcel for a community center. He explained that Bud, Roger and Gordy walked the land this morning. The land has everything going for it, being close to this building, water, and fire/rescue. The report allows continued negotiations and the order to obtain an appraisal and survey. Hopefully, a Letter of Intent with them by September 20th to place the purchase of land on a November ballot.
Councilor Pomerleau said that we have worked hard on this committee and we all agree that this is the best location in town.
Councilor Christy asked if there was enough property for senior housing.
Councilor Simpson said at this time he would say no. He went on to say that Gordy and he had met with the Boulters months ago because they were concerned with the rangeway that is at the other end of their property. He said that they found out that when this property (current municipal building) was negotiated the town people involved didn’t follow through with a gentleman’s agreement. At this time Mr. Boulter was concerned with reaching his wood lot and it was thought that could be negotiated to help with this access. They were very receptive with the 10 acres.
VOTE: 5 Yeas – 0 Nays
PUBLIC ITEMS
William Orr asked about the school inspection and the pending building permit issue.
Vice Chair Lymburner said that a consent agreement is scheduled for the Special meeting on September 20th.
William Orr asked if there were other buildings in town that had that same type of inspection.
Me. Billington asked if he was talking about the fire inspections or lack of a building permit.
William Orr said the inspection.
Mr. Billington asked the Chief to comment.
Chief Jordan said that St. Joes has minor adjustments.
ANNOUNCEMENTS
Upcoming meetings were announced.
EXECUTIVE SESSION (S)
An additional Executive Session was not needed.
ADJOURN
Moved by Christy Seconded Spencer and Voted to adjourn. The Council adjourned at 11:05 pm by unanimous consent.
Submitted by : _______________________________
Clerk/Secretary
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