DRAFT -- MINUTES ARE NOT OFFICIAL UNTIL
APPROVED BY THE TOWN COUNCIL -- DRAFT
MINUTES
TOWN COUNCIL MEETING
STANDISH, MAINE
TUESDAY, SEPTEMBER 20, 2005 – MUNICIPAL CENTER 7:00 PM
CALL TO ORDER
Pledge of Allegiance was recited.
ROLL CALL
Councilors present: Christy, Hopkins, Lymburner, Pomerleau and Simpson. Councilor Spencer was excused.
NEW BUSINESS
160-05 Authorize Consent Agreement between the Town of Standish and MSAD 6 [Hopkins]
Mr. Billington explained that the Special Ed wing was build at the High School and our ordinances require that any addition to a building over 10,000 square feet or larger does need to have a sprinkler system. The addition was constructed without a sprinkler. The Town Hall staff are unable to waive this requirement only the Council can address it. He said that we are here tonight to determine the conditions that we will not enforce the ordinance until a time certain. He said that we have worked on a consent agreement. During a conference call at the end of the day he with Chief Jordan, Superintendent Lucas, and the attorneys for both parties discussed a draft that was prepared by our attorney. The draft is before the Council this evening and you have not had an opportunity to review it before this evening. He said that the consent agreement covers the Special Ed Wing and new addition that is going to be built later this year. He said that by this agreement the School agrees
to sprinkle those portions of the school by September 1, 2006. The School has included a statement that this is subject to voter approval. The District agrees to install an automatic sprinkler for the entire school which will be approved by the Fire Chief. In addition, the School will install a 20,000 gallon water storage tank to serve the sprinkler system and a cistern will be made available for Fire Department use. He said that those were the key points of the agreement which will be signed by the Fire Chief if it is approved tonight.
Chair Hopkins asked if there was anything that Superintendent Lucas would like to add to the introduction.
Superintendent Lucas said that Mr. Billington had done a good job of going through this.
Moved by Lymburner Seconded by Pomerleau and Voted to amend paragraph 4 of the agreement by adding September 30; delete (a) a civil penalty in the amount of $_______; and in (b) add the amount of $700.
Councilor Lymburner said that the reason why the amount of $700 for attorney fees and staff is because now Standish is bearing the entire cost and it is a District responsibility.
Councilor Pomerleau said that he agreed with Dolly. He said that whenever anyone else comes before us has they have been charged for costs. He said that the Town of Standish should not bear this cost.
VOTE ON AMENDMENT: 4 Yeas 1 Nay, Simpson
Moved by Lymburner Seconded by Pomerleau and Voted to amend paragraph 7 of the agreement by adding $0 for a civil penalty; and $100 per day….
Councilor Lymburner explained that the District has assured us that they will have the work done by that time and that’s a good thing; and then that penalty won’t have to be paid. She said to have it here this gives a little more incentive and insures us that the work will be completed on time.
Councilor Christy asked if this was adequate time.
Superintendent Lucas explained that they are out to bid on the new construction and the work should be completed by next September. She said that the only thing that could possible happen if there was a problem with the contractor. She said that we presently have the funding available for the project that we are undertaking and for the sprinklers for the Special Ed addition. The sprinklers for the rest of the building are up in the air but that is not a question for this evening. She said that she thought that construction should start in November. The first part of the project will be to get the cistern in and pump room; the anticipated completion date will be next summer.
Councilor Christy asked if there will be a statement in the contract with the contractor to cover delays.
Superintendent Lucas said that she didn’t know what that will look like but the contracts usually have certain time frame and penalties if the time frame is not met.
Chair Hopkins said if this amendment does not pass and we do not invoke a penalty, is it fair to assume that as of September 1, 2006 if this has not been completed that the occupancy permit will be revoked?
Mr. Billington said that it will be a condition of the occupancy permit.
Councilor Christy asked that that she repeat that.
Chair Hopkins said that she was not in support of the fee of $100 a day. She said that this feeds into the occupancy permit. The question she had was if by the consent agreements terms were not met their occupancy permit would be revoked.
Councilor Christy asked when will the kid’s be able to get into the Special Ed room?
Superintendent Lucas said that she hoped that they would have that information this evening but they are still waiting for that.
Council Lymburner said that the statement Mrs. Lucas’ made about being able to pass on the penalty to the contractor contracts that it is a good thing for us to do.
Councilor Pomerleau said that if we invoke the $100 a day, does this continue because we have agreed as long as pay $100. If they decide that need ten more days can they pay us a $1,000. He said if we don’t have a dollar amount they will have to appear before us.
Councilor Lymburner said that the second a violation occurs doesn’t mean that is the time things happen. She said that people operate when they are in violation. She said that it is possible even though they are in violation they could continue, she said that she thought that even the revoking of the occupancy permit could be challenged. So, someone could still operate, it happens all the time.
Councilor Pomerleau said that they are not operating now.
VOTE ON AMENDMENT: 1 Yea – 4 Nays, Christy, Hopkins, Pomerleau, and Simpson
Moved by Lymburner to amend the first sentence to add today’s date – September 20th
Councilor Simpson said that it was not necessary because if it passed, it would automatically become the day that we pass it.
Councilor Lymburner withdrew her motion.
Chair Hopkins asked since the amendment of paragraph 7 failed we are looking at a consent agreement that has two blanks. She asked do we leave it blank or do we need to put zeros in to fill the space.
Mr. Billington said that it would look cleaner if you put zero in there.
Moved by Christy Seconded by Simpson and Voted to amend paragraph 7 of the agreement by adding $0 for a civil penalty; and $0 per day….
VOTE ON AMENDMENT: 3 Yeas – 2 Nays, Lymburner and Pomerleau
Councilor Pomerleau asked why you would go to zero. He said that if they can go on for ever. He noted that the problem with getting information like this at the meeting is terrible because he doesn’t the chance to look through it. He said if we are not going to fine them what would ever make them want to abide by the September 1 deadline?
Councilor Christy said that the representatives for the Town of Standish will watch this for us.
Councilor Pomerleau cited the civil violations and then asked by that by waiving that does it stick that sentence also?
Mr. Billington said that it would.
Councilor Lymburner said that on the order in general this has been a very difficult thing for her. She said that she had to look at the fact that no matter where the children are going to be in a building that is un-sprinkled because the whole building is un-sprinkled. She said in her mind is space was constructed especially for children that have special needs and so this must be a better space for them to be in and receive their education. She said that was a positive thing in her mind. She said the other thing that she was concerned with was we are giving a consent decree and waiving a safety standard. She said in the past we have waived things and given consent agreements when a person had their garage two feet over the setback or something like that. She said that this is an all together different
thing this is waiving a safety standard. She said that weighs very heavily on her mind as far as agreeing to this consent agreement. She said until just recently she had not made up her mind. She said that the one thing that sways in the side of the positive is that with this agreement we have a time certain when the entire school that will be safe for the children. She said that is the issue that did convince her to support this agreement.
VOTE ON ORDER: 5 Yeas -0 Nays
161-05 Authorize Town Manager to Enter into Purchase and Sales Contract with Donald and Eleanor Boulter for Land Adjacent to the Standish Municipal Center [Simpson]
Councilor Simpson said that the Director of Parks and Recreation through the Community Building Study Committee met with Mr. and Mrs. Boulter to see if they would sell a piece of land adjacent to the Municipal Center for the purpose of building a community center. He said that the Boulter’s agreed in principle to do that. The Town would pay for an appraisal and survey. He said the Town representatives and Mr. Boulter walked the land to determine the boundary of the land that they were willing to sell. Planner, Bud Benson put it on the map and it was determined that it was about 9.1 acres. Councilor Simpson said that they wanted fair market value and we were willing to pay fair market value and they wanted an appraisal. We ordered the appraisal and it and it came in at $107,000. He said that
the Boulter’s met with Gordon Billington to enter into the Letter of Intent at which time they refused to do that. They had changed their mind they thought that the land would be worth more than that for commercial purpose. He said that with that we have nothing before us tonight. He said that he would ask that this order and next two be tabled.
Councilor Pomerleau said that he was curious that we were tabling this. He said that he was amazed that a lot in Standish came in at $100,000. He said that there are lots outside of Standish that they are asking $180,000 for a half acre lots. He asked if another offer came on the table would the Boulter’s consider it.
Moved by Lymburner Seconded by Christy and Voted to table orders 161-05, 162-05 and 163-05. (Unanimous)
162-05 Call for Referendum Question to be Placed on the Ballot at the November 8, 2005 Election [Simpson]
163-05 Approve Warrant for November 8, 2005 Municipal Referendum Election [Simpson]
164-05 Approve Warrant for Special Town Meeting to be Held October 11, 2005 [Simpson]
Councilor Simpson explained that the auditors discovered a there was a bill for the Transfer Station for June but wasn’t received until July. So, to pay that we have to have a Special Town Meeting and take it out of undesignated reserve.
Councilor Lymburner asked when that account owes overdrawn was the overall department overdrawn as well.
Councilor Simpson said that is was still overdrawn.
VOTE: 5 Yeas – 0 Nays
165-05 Approve Warrant for Maine School District 6 Referendum Election to be Held November 8, 2005 [Hopkins]
Mr. Billington explained that the information had not been received from the District at this time.
Moved by Simpson Seconded by and Voted to table this order. (Unanimous)
PUBLIC ITEMS
There were no public items at this meeting.
EXECUTIVE SESSION (S)
An Executive Session was not needed at this meeting.
Chair Hopkins announced the date of the Comprehensive Plan Village meetings. She went on to say that they have done a good job.
Chair Hopkins noted an event at the Fryeburg Fair that is asking that Military and First Responders meet at the Fair on September 25 to join the Grand Opening Ceremony.
ADJOURN
Moved by Lymburner Seconded and Voted to adjourn. The meeting adjourned at 7:30 pm by unanimous consent.
Submitted by:____Mary Chapman for Gordon Billington________________________
Clerk/Secretary
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