Town of Standish, ME - Town Council Meeting Minutes 11/08/2005

DRAFT--MINUTES ARE NOT OFFICIAL UNTIL APPROVED BY THE TOWN COUNCIL--DRAFT

TOWN COUNCIL MEETING

TUESDAY, NOVEMBER 8, 2005 – MUNICIPAL CENTER 7:00 PM

The meeting was called to order and the Pledge of Allegiance was recited.

Councilors present: Christy, Hopkins, Lymburner, Pomerleau, Russell and Simpson.

MINUTES OF PREVIOUS MEETING (S)

The minutes from October 11^th meeting were accepted as presented by unanimous consent.

Chair Hopkins explained that there has been members of the public that have commented that they are having a hard time hearing what is being said at the meetings. She suggested that board members speak into the microphone.

PETITIONS AND COMMUNICATIONS

There were no petitions or communications at this meeting.

REPORT OF THE TOWN MANAGER

Managers update included:

Food Pantry: Discussions with St. Joseph’s College “Bon Appetite” food service manager, Service Learning director, Campus Ministry and other members about food pantry support within Standish. Items discussed included use of surplus food items the college has, especially during periods of shut down, staff support from students enrolled in the Service Learning programs during the school year, a location, screening, an oversight board of directors, etc. Maurice Geoffroy, our General Assistance person from PROP attended as well. There will be a follow on meeting in December at St Joseph’s to include more stakeholders, representatives from area pantry’s, PROP, and other interested parties. Anyone interested in getting involved should contact me, 642-4659, or Councilor Christy who has agreed to help champion this effort.

Public Safety: Chief Jordan received notice that we have been approved for an Assistance to Firefighters grant for $40K for the purchase of turn out gear. That brings the total grants to Public Safety this year of nearly $108K to include a thermal imaging camera plus training; equipment, generator and scene light for Engine 3, the motor for the water rescue unit, etc. Well done to Chief Jordan and Standish Fire/EMS. Kudos also the fire/EMS auxiliary for the highly successful hunters breakfast on opening day of the hunting season.

The Chief also has just concluded a regional mutual aid agreement with neighboring municipalities for first response to fire scenes from the nearest station regardless of boundaries. That will greatly improve response times here and to our neighboring towns at no added expense.

Public Works: The Public Works Department is back up to full strength and ready for the winter season. Dick Dumbrocyo was hired as a driver operator to fill a vacant position. Dick left us last year and we’re happy to have him back. The Transfer Station is now down to winter manning, however, which means two attendants rather than the three which are there during the busier summer months.

Clerks Office: The passport camera has been received and is now in use.

Tonight’s Department Head presentation will be from Linda Brooks, the Director of Parks and Recreation

Department Head Presentation – Recreation Director Linda Brooks

Linda Brooks thanked the Council for the opportunity to discuss the wonderful things that are going on in the Department. She said that they pride themselves in offering something for everyone. She noted that she had provided them with a summary of the programs and special events that were offered during the 2005 year. She explained that census data is also included to show the number of people that were served in the various programs over the past year and a half. She explained that they are pleased with the newly expanded Senior Program. The newsletter has increased in distribution, adding to the participation in many programs. Watercolor classes are offered one time a month at the Steep Falls Fire barn after the senior luncheon. There is a book club that meets on a regular basis at the Steep Falls Library facilitated by Wim Schimmer. There are computer classes offered at the Steep Falls Library. Linda explained that some of the seniors are now getting involved in some of the other programs that are offered to all ages. Some of the seniors helped at the Family Festival, the Halloween Party and there is a Senior Citizens Sub-committee made up of seniors that that are interested in offering programs to their counterparts. The sub-committee meets one Monday a month at Town Hall. Another thing that has taken off is the senior bus trips, a variety of trips are offered throughout the year on chartered busses. She noted that all of the trips this past year were filled to capacity, in some cases there were waiting lists. In December there is a trip planned to the Beacon Resort in New Hampshire. They have secured a bigger bus for this trip so more will be able to attend. The Standish Recreation bus is slowly being used for local events. This bus will be used for the Magic of Christmas trip in December.

Linda went on to explain that they currently have a complete Recreation Committee with all nine positions being filled. She explained that they are wonderfully committed volunteers doing a number of things throughout the year. She said that with all the different events they are involved with they still are committed to their one project of the sports complex at Johnson Field. She said that throughout the year there are special events that are sponsored that are free of charge including the Family Skating parties and the Family Festival. They do also provide fund raising opportunity including the Halloween Party, the concession stands, suppers were also offered, a ski and skate sale, a dance will be held on November 18, a parents night out will be provided on December 2 from 5:30 pm until 10.30 pm, a canoe raffle was held this summer. They are very busy people and contribute a lot of time to the activates that are offered.

Linda said that the partnership with St. Joseph’s College continues to flourish. A host of programs are enhanced by the involvement with them. She explained that we receive free tutoring opportunities through them for the After School Program. They provided service learning projects over the past year. An astronomy class has been held for members of the After School Program. Other science classes are planned. Two journalism students put together a town newsletter that was sent through the Lake Regions newspaper to the members of the community. She said that they continue with the Santa Clause calling program which is staffed by volunteers. There are mini grants offered for the service programs. She said that we have continued use of the Alfonse Center for the swim program. Pool programs are offer to all ages. Use of the indoor track is new this year. This year they provided free transportation for seniors to attend the Elders Day in Portland. She said that St. Joseph’s continues to be a wonderful partner.

Linda explained that this past year the Steep Falls ballfield project was nearly completed. They are waiting for the estimate for the infield improvements. New grass has been planted, fields had been fertilized, backfield repaired and the parking lot was upgraded with the help of the Public Works Department. She noted that work has been started on Standish Memorial Park. All the fencing around the field has been repaired. A set of bleachers was donated by USM and painted by the Softball Association. The number one field which is close to the road was aerated and treated. Work will continue on the back field in the spring. Motion detector lights will be installed to help minimize the vandalism that has been experienced there. She explained that there were a few incidents in the fall, there was not too much damaged caused, they seem to only want candy. Linda noted that there is a Standish Boy Scout working on his Eagle Scout Project that is constructing three sets of soccer goals for SMP. She said that they have recently accepted the proposal of another Eagle Scout who wants to complete three sets of picnic tables so there will be two at each field. She said that they will continue to work with other Eagle Scouts in the future. Linda said that the Committee is waiting to receive estimate from Shaw Brothers and CW Harmon for excavation work at the sports complex. In addition to raising fund this is an aspect of getting a bid had been a problem.

Linda said that the proposed site for the boat launch was visited on the Varney Road. She said that it is a lovely area and site where you could envision what a nice launch that it would be. She said that there were neighbors who attended the site visit and they did express some of their concerns. They mentioned that there might be a discontinued boat launch at a different site. She noted that Roger Mosley and she visited that site and found that there are three right-of-ways at the end of Eaton Road. There are some concerns including the incline, parking and the amount of neighbors and potential vandalism since it is a remote site. She said that there is a lot of work to do to see if one these sites can become a boat launch. She said that summarizes her report, she encouraged people to check out the web site.

Councilor Simpson asked if the Town of Sebago was included in the Chiefs group of Towns.

Mr. Billington said that it was on the map but he did not remember if the Chief of Sebago being at the meeting.

Councilor Simpson said that over the years Sebago has been very good about covering Wards Cove. He said that his concern was that if someone calls 911 who would respond.

Mr. Billington said that the towns will be called simultaneously. Whoever is closest will be dispatched but we will also respond.

136-05 Amendments to the Standish Town Code, Chapter 181, Gravel Pits §181-16 [Christy]

Moved by Lymburner Seconded by Christy to dispense with the reading of the ordinance. (Unanimous)

Councilor Christy explained that this changes the ordinance so the applicant has put in a letter of credit for certain pits and allows for third party of review before releasing any funds.

After a public hearing without additional Council or public discussion the above titled ordinance was approved.

VOTE: 6 Yeas – 0 Nays

179-05 Application Submitted by Bon Appetit Management Company for Renewal of a Malt, Spirituous and Vinous Qualified Caterer License Located at St. Joseph’s College [Hopkins]

Chair Hopkins asked if everything was in order on the application.

Mr. Billington said that it was.

After a public hearing without additional Council or public discussion the above noted application was approved.

VOTE: 6 Yeas – 0 Nays

COMMITTEE REPORTS

Councilor Pomerleau noted that Capital Improvements met Monday night. He said that they are looking at a realignment of Route 113 and Manchester Road. This was looked at earlier in the year but the price tag was in the $50,000 range. He said that Roger Mosley has looked at it and believes that it can be done for about $9,800. Councilor Pomerleau said that they would like to eliminate the “v’ shape at the intersection. They would square up Manchester Road with Route 113. He noted that the Committee also discussed MDOT projects in Standish.

Roger Mosley the Director of Public Works said that MDOT has six projects listed on the upcoming two year work plan to include the resurfacing of Route 35 from White’s Bridge Road to the Windham town line; upgrade White’s Bridge Road intersection; resurfacing of Route 25 from Two Trails to the Limington town line; Routes 113 and 25 intersection; Wards Cove area; and bridge replacement at Tucker Brook.

Councilor Pomerleau said that they discussed a replacement generator system that is available to be purchased for Station 3.

Councilor Christy said that the Roadway Committee will be reappointed in the near future. This will be a topic for the next Council workshop. He noted that another committee that is heating up is the Economic Development Committee. There will be a meeting on December 14 to discuss Route 113 issues. He then asked what would be a good evening for the PWD Steering Committee to meet.

Councilor Lymburner said that Wednesday nights are alright or any day during the day.

Councilor Christy explained that they had a good meeting with the Water District about three weeks ago.

Councilor Pomerleau said that the CIP Committee also talked about the firetruck that was recently in an accident and the repairs are coming right along.

Councilor Lymburner explained that the Health and Safety Fair was very good. She said that many people told she that they appreciate having the Fair. She said that one of the people attending actually was so impressed that he applied for serving on the Public Safety Committee and he will be appointed tonight. The Committee met last night and picked next year’s theme of children’s safety.

Councilor Simpson said that the Finance Committee met yesterday. He said that the Town is in good shape financially. He said that cash flow at end of the month made us go into some of out investments rather than a TAN. He said that two things that they are noticing is that excise tax is a bit above budget but not by much and it might not meet the revenue projections. Also, there is an item on the agenda regarding tax acquired property.

Councilor Simpson said that the Recycling Committee is sponsoring the poster contest again this year. He said that people are not recycling, if it keeps going this way we may have to look at pay-per-bag.

Councilor Simpson said that the Community Center Study Committee item on the agenda tonight.

Chair Hopkins said that the Senior Housing Committee toured three facilities in the area to get ideas. They will meet with the Ordinance Committee next Tuesday to discuss Land Use issues related to this topic.

CONSENT CALENDAR

There were no items at this meeting.

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) [Christy]

This item remained in Committee.

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(Tabled at the 9/20/05 meeting) [Simpson]

Moved by Simpson Seconded by Christy and Voted to remove this item from the Table. (Unanimous)

Moved by Simpson Seconded by Christy and Voted to Indefinitely Postpone this item.

Councilor Lymburner said that was opposed to indefinitely postponing this item because it would be a year before we could bring this up again.

Councilor Simpson said that is the reason it was left on the table last month. He said that the spoke with the Boulter’s and they are adamantly opposed to selling the property.

Chair Hopkins suggested that this be tabled until the end of the meeting after the Executive Session.

Moved by Lymburner Seconded by Christy and Voted to table until the end of the meeting. (Unanimous)

176-05 Amendment to Standish Town Code – General Assistance Ordinance (First Reading) [Hopkins]

Chair Hopkins explained that this is the First Reading. She noted at the October meeting it was introduced as an Emergency Ordinance change. She explained that this is an annual event that updates the program.

Moved Seconded and Voted to move this item to Public Hearing at the December meeting of the Council. (Unanimous)

180-05 Resolution Recognizing Standish Town Councilor Gerald Spencer for his Service to the Town of Standish [Simpson]

Chair Hopkins read the order and asked if Councilor Simpson had any comments.

Councilor Simpson said that Jerry did an outstanding job for us.

Chair Hopkins said that we all have had the opportunity to serve with Councilor Spencer. She said that she didn’t think that there was anyone more dedicated than he was and that is the main reason he resigned. He council no longer physically commit to 100 percent. He felt that the voters deserved that commitment.

VOTE: 6 Yeas – 0 Nays

181-05 Acceptance of Street Names [Hopkins]

Chair Hopkins said that these names will go before the Planning Board and the names should be approved by Council before the sub-division plan is recorded.

Mr. Billington explained that in Chapter 181 the Planning Board requires that the developer provide road names and the Board approves the plan which then gets recorded. He said that the Council reviews the names to make sure that they are comfortable with them. He went on to say that both Public Safety and Public Works to assure that there is not a conflict with other road names.

Chair Hopkins said that there was one change made.

Mr. Billington said that there was a road with the word “pine” in it and it was changed to reduce any confusion.

Councilor Christy asked if this is near the game preserve.

Mr. Billington said that it was.

Councilor Pomerleau thought that there was a Hemlock Road in Pinetree Park.

Mr. Billington said that this can be delayed until the next Council meeting.

Moved by Lymburner Seconded by Christy and Voted to table this until the December meeting. (Unanimous)

182-05 Authorize Re-submission of Grant Application to the Maine Library of Geographic Information Board [Hopkins]

Mr. Billington said that we have appropriated $15,000 to update the parcel map to give it geographic reference information. This proposal will also take the boundary between Gorham and Windham and pin it to their maps so we will have more accurate geographical information. Since there is already appropriation for this there will be no additional funds needed, no on going funds or staff funding.

183-05 Authorize Enforcement Action – State of Maine Automobile Graveyard/Junkyard Statute – Thurman – Map 80 Lot 28 [Hopkins]

Dan Hill the Code Enforcement Officer said that he has tried for over a year to not to present this to the Council. He said that he received the initial complaint in June 2004. He said that he has been to the property numerous times. They started to clean it up until snowfall. He noted that he went there in April and it was worse than it had been. The first notice of violation was sent out in May asking for voluntary compliance. He said that he tried to work with them through the summer but was getting no where. On September 12 he went and took more pictures. The second violation letter was sent September 20 since then little has been done. He said that this past weekend they did remove some more of the junk tires. He said that it is a far cry from being in compliance. He said that the Council had a packet the includes pictures that have been taken from May through last Friday. The package also includes the original letter of complaint.

Councilor Lymburner asked if he had said that he was out there this past week?

Dan Hill said that he went there this past Friday to see how it was. He said that he knocked on the door and there was no response. He said that he contacted the abutter to tell her about the meeting. He explained that while he was talking to the abutter the owner of the property drove off. He had been there the whole time but never bothered to come out and talk.

Councilor Lymburner asked if he had talked to them in the past.

Dan Hill said that he talked to him today and he was not happy that this was bring pursued. Dan Hill said that he feels that the property owner has been given ample time.

Councilor Lymburner asked if the cars have plates on them?

Mr. Hill said that they are not stickered.

Councilor Christy asked Gordy when was the original complaint issued.

Dan Hill explained May 3 was when the first notice was sent.

Councilor Christy said that they could be in violation of a $100 - $2,500 for each violation from that day forward. Councilor Christy asked if there are a lot of junkyards in town?

Dan Hill said that there are quite a few.

Councilor Christy asked how vigorously do we peruse those?

Dan Hill said that when he receives a letter of complaint he pursues. He noted that there were two in this same subdivision and one was cleaned-up fairly quickly. He said that he goes out of his way to explain that is was state law.

Councilor Christy said that junkyards lower the value of other properties.

Dan Hill said that he imagined that they did.

Councilor Pomerleau said that he didn’t have a problem with a couple of cars but what he sees in the pictures is 55 gallon drums and the minute that we see something like that we should bring someone in. He said that this bothers him, he went on to say a couple of junk car doesn’t really bother him. His concern is the batteries, oil drums, gas tanks, and tires are the problems.

Dan Hill said at one time there were 154 tires that he could count.

Councilor Russell asked if Dan had checked the contents of the drums?

Dan Hill said that he had checked to see if they were leaking. He said that if something was leaking he was not qualified to determine what the contents of the drum were. He said that if he had a concern of something that was leaking he would contact the DEP.

Councilor Russell said that maybe someone should check the drums.

Dan Hill said that he has talked to the DEP about similar circumstances and they have bigger issues. He said that he did understand Councilor Russell concern.

Chair Hopkins said that since there has been two complaints and Dan has worked with them for a year before going through the formal notification process trying to get this cleaned up, plus the concern of hazardous wastes. She said that Dan has done more than his due diligence, including going out on Friday to up date the pictures for updated information. She said that she was supporting this order whole heartedly.

Councilor Lymburner said that she heard Dan say that the person that sent the letter in is here tonight, she wondered if that person would like to speak. Also, she wondered if the person that owns the property was here and would like to speak. She said that she would like first hand information from someone that is living with the problem.

Kathy Johnson explained that she was one of the people that wrote the original letter last summer. She said that this was going on a while before the letters were sent. She said that it finally got to the point where you couldn’t reason with these people. She said that they have ‘no trespassing’ signs up, they have a dog that is never on the leash, she said that she would never go over there and try to work it out with them. She said that she is glad that Dan has done what he can do. She said that it has gotten to the point where nothing is working. She said that you mention the property values and that we are all trying to make our property presentable. She said that there are three or four houses on the street for sale, she said that she would be embarrassed for someone to come down that street to look at the house for sale and see the house in question and the way that it is. It takes away from the property value and potential for damage to peoples wells. She noted that the owner of the property was not there tonight. The person that has the towning business is the boyfriend of the owner and lives there. She said that it was nice to see that somebody is doing something about this.

Councilor Lymburner asked if she lived right next store.

Kathy Johnson said that she lives across the street.

VOTE: 6 Yeas - 0 Nays

184-05 Town Council Appointment to Public Safety Committee [Hopkins]

Councilor Lymburner explained that this gentleman came in to the fair and expressed his enthusiasm for the fair and the work of the Committee and his interest in serving on the Committee. She said that they had their first meeting since the fair yesterday and he was aware of it and attended the meeting. She said that he will make a committed good member of the committee.

VOTE 6 Yeas – 0 Nays

185-05 Emergency Amendments to Standish Town Chapter 123, Dogs and Other Animals [Christy]

Moved by Simpson Seconded by Russell and Voted to dispense with the reading of the ordinance. (Unanimous)

Councilor Christy explained that we had a ordinance on the books and Mr. Freitas the Animal Control Officer has presented the updated information that has been reviewed by the Committee at two meetings. It comes before you tonight by unanimous consent of the Ordinance Committee.

Chair Hopkins said that this is the Emergency Ordinance which will be followed by the regular legislation.

Councilor Lymburner said that our Animal Control Officer has done a very good job working with Committee on this ordinance. She said that it is a very good ordinance for the Town.

VOTE: 6 Yeas- 0 Nays

186-05 Amendment to Standish Town Code, Chapter 123, Dogs and Other Animals (Introduction) [Christy]

Chair Hopkins said that this is the introduction of the ordinance.

Moved by Simpson Seconded by Christy and Voted to dispense with the reading of the ordinance. (Unanimous)

Councilor Christy said that the information regarding this ordinance change was discussed in the previous order.

This item was moved to First Reading at the December meeting of the Council.

VOTE: 6 Yeas – 0 Nays

187-05 Amendment to Town of Standish Fee Schedule [Simpson]

Councilor Simpson said that this implements the fees included in the Emergency Ordinance that was just passed. He said that these are the fines recommended by the Animal Control Officer with unanimous consent of the Finance Committee

Councilor Christy said that as we look at these fees also there are various warning procedures.

VOTE: 6 Yeas – 0 Nays

188-05 Amendments to Standish, Chapter 252, Streets and Sidewalks (Introduction) [Christy]

Moved by Simpson Seconded by Christy and Voted to dispense with the reading of the ordinance. (Unanimous)

Councilor Christy said that this cleans up the ordinance.

This item moves on to First Reading at the December meeting of the Council.

VOTE: 6 Yeas- 0 Nays

189-05 Reduce Performance Guaranty– Gilbert Homes - Sunrise Acres [Simpson]

Moved by Simpson Seconded by Pomerleau and Voted to amend by adding the amount of $18,400.20 to the order. (Unanimous)

Councilor Simpson said that this is the recommendation of the Departments that review the road.

VOTE ON ORDER AS AMENDED: 6 Yeas – 0 Nays

190-05 Reduce Performance Guaranty– Mark Floor- Orchard Road [Simpson]

Councilor Simpson said that this is the recommendation of the Departments.

Roger Mosley explained that there were some property pins that were not in place and loam and seeding that had not been done.

Councilor Christy asked about the pins, who double checks to see that the property pins are in the proper place.

Roger Mosley said that would be the engineer’s responsibility upon acceptance by the Town.

VOTE: 6 Yeas- 0 Nays

191-05 Reduce Performance Guaranty– Chase Custom Homes – River’s Edge [Simpson]

Moved by Simpson Seconded by Christy and Voted to amend by adding the amount of $60,807.50 to the order. (Unanimous)

Councilor Christy asked if he gets much static from the developer when you reduce the amount of their request.

Roger Mosley said that developers comply real well.

VOTE ON ORDER AS AMENDED: 6 Yeas – 0 Nays

192-05 Utility Location Permit – Central Maine Power Company – Deer Hill South [Hopkins]

Roger Mosley said that the placement of the pole location is consistent with the other poles that are already there.

Councilor Christy questioned the Street Opening Permit requirement.

Roger Mosley said that a Street Opening Permit covers anything within the right-of-way.

VOTE: 6 Yeas- 0 Nays

The Public Items and Announcement section of the agenda was moved to the end of the agenda.

Chair Hopkins asked for a motion to go into Executive Sessions for discussion of pending litigation pursuant to 1 MRSA § 405 (6) (E); for consideration of the acquisition of real property pursuant to 1 MRSA § 405 (6) (c); and for consideration of the sale of real property pursuant to 1 MRSA § 405 (6) (c).

Moved by Simpson Seconded by Christy and Voted to move into Executive Session for discussion of the previous mentioned reasons. It was noted that action will be taken after the Executive Sessions.

Moved Seconded and Voted to arise from Executive Sessions. The Council arose from the Executive Sessions by unanimous consent at 9:30 pm.

193-05 Authorize Town Manager to Enter into Purchase and Sale Contract with James Cummings for Land for a Proposed Community Center [Simpson]

Moved by Simpson Seconded by Christy and Voted for this item to lie on the table. (Unanimous)

194-05 Award Bid for Sale of Tax Acquired Property [Simpson]

Moved by Simpson Seconded by Lymburner and Voted to amend the order by adding the name Dennis Penek for the amount of $10,000. (Unanimous)

Councilor Russell questioned the amount of time that the trailer needed to be removed.

Councilor Lymburner said that six months had been discussed but it was changed to nine months due to the upcoming winter season.

VOTE ON ORDER AS AMENDED: 6 Yeas- 0 Nays

Moved by Simpson Seconded by Christy to take item number 161-05 off the table. (Unanimous)

Councilor Simpson said the motion on the table is to indefinitely postpone this item.

Motion to table this item indefinitely. 5 Yeas -1 Nay, Lymburner

Louis Stack said that in the last budget we appropriated for the guardrails on White’s Bridge Road he wondered what was the progress on that project.

Mr. Billington explained that has been referred to Capital Improvements pending receiving the proper easements. The property owner responded saying that that he was unwilling to give an easement on his property.

Councilor Pomerleau mentioned the outstanding job that the Scots sports teams have done this year.

Several upcoming meetings were announced.

Moved by Christy Second by Russell and Voted to Adjourn. Then meeting adjourned by unanimous consent at !0:00 pm.

Submitted by: __s/Mary Chapman_________________