DRAFT—MINUTES ARE NOT OFFICIAL
UNTIL APPROVED BY THE TOWN COUNCIL--DRAFT
MINUTES
SPECIAL TOWN COUNCIL MEETING
STANDISH, MAINE
TUESDAY, NOVEMBER 29, 2005 – MUNICIPAL CENTER 7:00 PM
CALL TO ORDER
The meeting was called to order and the Pledge of Allegiance was recited.
ROLL CALL
Councilors present: Christy, Hopkins, Lymburner and Simpson. Councilor’s Pomerleau and Russell were excused.
NEW BUSINESS
195-05 Authorize Additional Legal Action Regarding the Town’s Interest in Lands Adjacent to the Standish Boat Launch [Hopkins]
Chair Hopkins explained that the court ruled that we were not allowed at this time to present our evidence that we feel very strongly about in relation to the parking area down at the boat launch. She said that she wanted the people in Standish to understand that we had a big win when the Water District dropped the portion of the suit that claimed title to the Northeast Road. She said that this acknowledges that Standish does own all rights to the Northeast Road. She said that this appeal will allow us to have the opportunity to present our evidence. She said that the evidence supports the town having the prior use of that area.
Town Manager, Gordon Billington, said that the lower court made a ruling in what we consider to be a narrow point of law. That point is that a quasi-municipal corporation like the Water District has it’s authority through special and private laws from the legislature. The District has claimed that no-one can acquire rights to lands that they own by prescriptive easement. He went on to explain that we claim the public has used the boat launch parking area for probably a century. He said that we would like to prove that to a court of law. He said that we would like to prove that through the use of it for a great many years with no objection of the owner—the Portland Water District. He said that the public has acquired the right to use those lands and to continue to use those lands. He said
that the lower court made a ruling in a very narrow point of law claiming that the public can’t get rights because of the fact that the Portland Water District is a quasi-municipal corporation. He said that we will ask the Maine Supreme Court that has never ruled on this matter before, to review and reverse that decision so that we can then bring the evidence forward to the lower court to prove that yes in fact the public has used that continuously, has maintained it using public funds and should have the right to continue to use it. He went on to say that the court case has not been totally resolved. It is just that one narrow point of law that has been addressed by a lower court at this point.
Councilor Lymburner said that she a couple of questions and a statement that she would like to make. She asked that while we are in court and appealing this matter will we still maintain the parking lot with plowing and so forth.
Gordon Billington said that we would.
Councilor Lymburner asked if she was correct in the fact that we are questing whether or not Portland Water District should have quasi-municipal status.
Gordon Billing said that is not in question, it is established by state law.
Chair Hopkins said that by state law they are established but what rights do they have quasi-municipal versus municipal is a key point.
Councilor Lymburner asked if it was a point in our minds.
Gordon Billington said that is point in our minds. He said that they are not a municipality which has defined lands and charter or local laws that protect it. He said that we see there is a distinction there.
Councilor Lymburner said that in her opinion they are a public utility. She said that they certainly come under the PUC’s governance.
Gordon Billington said that for example SAD 6 is quasi-municipal corporation. These corporations operate under state statutes for their authorizations. They do not necessarily represent a territorial limit such as a municipality. He said that they are authorized to provide a public service; the Water District is a public utility. He said that it seems odd that they would be treated equally as a municipality would be treated.
Councilor Lymburner asked is the width of our right-of-way is in question.
Gordon Billington said that has not been addressed. He said that we claim 132 feet in our filing. He noted that the filing had not been heard yet. The only thing that has been heard so far is the request for clarification of the point of law. He said that we are claiming 132 feet.
Councilor Lymburner asked if within our appeal that issue will be heard.
Gordon Billington said that he thought that the appeal is clearly on that point of law that the lower court has addressed. He said that he didn’t think that we would have the opportunity to bring all the other evidence in at this point.
Councilor Lymburner asked if he was saying if we win the appeal and we go back to court at that time it will be judged if it is six or eight rods.
Gordon Billington said that we would claim the rights to lands that we have surveyed and laid out where we say the public has maintained these lands. He explained that in that claim we have identified that 132 feet of width road, which we claim is ours.
Councilor Lymburner said that she hopes that we are successful in this attempt to keep this land open. She said that the Town of Standish and the Council have always been willing to work with the Portland Water District. She said that if they would like to do some reconstruction in that area that in their mind give better protection to the water we would be amenable to be doing that and enter into those discussions with them. She said that if in fact they feel that the water is in such jeopardy then maybe what the Water District needs to do is bite the bullet and put the filtration plan in. She said that it’s not just for the folks in Standish that use that area; it’s used by people from all over the State of Maine. She said that is why the State of Maine gave us money towards the boat ramp.
They recognize the value not only for Standish folks but for everyone and even for people from out of state.
Chair Hopkins said that it should be noted that Mr. Billington did notify the Portland Water District about the meeting tonight and also that we were open to look at the park that was presented back a while ago.
Mr. Billington said that was the Duke Engineering schematic plan of 2001.
Chair Hopkins said that though emails this week we received word back from the Water District that says thanks for letting us know but no thanks we have no interest what so ever in that.
Councilor Christy said that for the record he wanted this to go on to the next court of law to have the case of Standish heard from all of its witnesses and evidence.
Councilor Simpson said that the public should understand that the Supreme Court will not make a decision based on all the evidence. He said that will not have that opportunity. They will be reviewing the narrowness of the law of the decision which the judge himself said was very narrow because there was no precedence. He said that we have to hope that the Supreme Court will remand it back to the Superior Court, if they do that then we can present all our evidence.
Chair Hopkins said that is what we are looking for – we are looking for that opportunity to present our evidence.
VOTE ON ORDER: 4 Yeas – 0 Nays
PUBLIC ITEMS
There were no public items at this meeting.
EXECUTIVE SESSION (S)
An executive session was not needed at this meeting.
ADJOURN
Move by Lymburner Seconded by Simpson to adjourn. The meeting adjourned at 7:15 pm by unanimous consent.
Submitted by: s/Mary Chapman for Gordon Billington
Clerk/Secretary
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