Town of Standish, ME - Town Council Meeting Minutes 02/14/2006

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

TOWN COUNCIL MEETING

TUESDAY, FEBRUARY 14, 2006 – MUNICIPAL CENTER 7:00 PM

The meeting was called to order by Chair Hopkins.

Pledge of Allegiance was recited.

Councilors present: Christy, Hopkins, Lymburner, Pomerleau, Richardson and Simpson.~ Councilor Russell was excused.

MINUTES OF PREVIOUS MEETING (S)

The minutes from January 10, 2006meeting were accepted as presented by unanimous consent.

PETITIONS AND COMMUNICATIONS

There were no petitions or communications at this meeting.

REPORT OF THE TOWN MANAGER

Managers update included:

~~~~~~~~~ Mr. Billington announced that the Assessor, Peter Arnemann recently suffered a heart attack.~ He had two stints put in and is convalescing at home.~ He is recovering and looking forward to coming back to work. It is estimated that he will be back in approximately four weeks.

~~~~~~~~~ Mr. Billington said that the Finance Director position is still open.~ That position will remain open until it is filled.~ The requirements of the job are posted on the Town’s website.

~~~~~~~~~ Mr. Billington introduced Fire Chief Martin Jordan who would present the department report for the month.

~~~~~~~~~ Chief Jordan said that he picked presenting in this month because it was one year to the date that he was appointed as Fire Chief.~ He went on to say he tried to make the report as concise as possible.~ He said that it is a privilege to submit the report to you this evening; the report will include the Divisions of Fire/EMS., Animal Control, Harbor master and the Health Officer.~ He said that all these Divisions come under the auspice of the Director of Public Safety which is also the Fire Chief.~ He said that this combined Department works very well and is an example of efficiency that eliminates duplication.~ He said that he became their Director of Public Safety on February 1, 2005. Being able to lead this outstanding organization of professionals who dedicate themselves to serving the citizens and visitors of this community is an honor. In every case and under all adverse circumstances the members of the Department of Public Safety met the challenges and tasks of protecting this community.

He explained that the consolidation of the Fire and EMS Divisions into one organization is working very well. The number of individuals who are cross trained is increasing and all department personnel are trained in CPR and AED use. This will allow the department to fully implement a First Responder program and increase our service to the community by reducing response times and increase the level of care. If you look at your handout page three you will notice our Town wide response time has been reduce from 8 minutes to 4.2 minutes.~ He said that he did do not know how it could get any better.~ He said that they have done a great job getting the Public Safety Department to where it is today.~ He noted that the department again is fortunate to have received various grants to purchase very much needed equipment with no local funds required.~ Below are the grant awards, the items that were purchased and notation of pending grant applications:

$28,267 was received for:

6 (six) new HT-1250 portable radios

2 (two) repeaters that enhance the capability of our portables

$47,889 was received for:

6~ (six) various size Air Lifting Bags for Heavy Rescue

7 (seven) HT-1250 portable radios

1 (one) Multi Gas Meter

1 (one) Wil-Burt Extendable Lighting Tower with a 25KW Diesel Generator for the new Rescue Pumper

1 (one) 90 hp Mercury 4 stroke outboard motor for our Marine Unit

2 (two) lap top computers.

~$18,000 for 1 (one) Thermal Imaging Camera

~$42,304 for 42 (forty-two) complete sets of Firefighter Turnout Gear with a $20,000 addition from the CIP budget. I thank you for this support.

$10,000 for Communications equipment:

2 (two) additional repeaters for Public Safety with one being located at St. Joe’s College. This will help our communications greatly.

Two Grants are pending:

$29,335 for Fire Prevention and Education using the Sparky’s Hazard House and the Animated Sparky Costume. This has passed the committee of pier review.

$3,000 for the purchase of a new AED=Automated External Defibrillator.

Chief Jordan said that it must be noted that the SMCC Student Live-In Program that Standish participates in is really a huge success. Standish house’s three Fire Science students, two at Central and one at North Gorham Station along with one Gorham student. These individuals respond immediately with apparatus and assist us in providing timely and appropriate response to any call for assistance. These individuals are certified FF-I and basic EMT’s. This is all at no salary cost to the Town and this program provides a wealth of knowledge and experience to these students who aspire to become fulltime firefighters. He went on to say that many department members have completed numerous hours of training which they complete on their own time and travel costs. These classes include CPR & AED, First Responder, Basic, Intermediate and Paramedic certification, Firefighter I & II, RIT, Cumberland & York County Fire Attack Schools. This does not include the monthly training that is conducted in-house.

Public Safety Logged Calls for service or information totaled 17,482.

The department response summary is as follows:

Total Fire Incidents:~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~948~

Total EMS Incidents:~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~ 1224~~~~~~~~~~~~~~

Average daily incidents/responses:~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~ 5.9

Busiest day:~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Saturday

Busiest time:~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 08:00-18:00

Slowest day:~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Friday~

Slowest time:~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~04:00-06:00

Average length of call:~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 92 minutes

Average in-service time 05:~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 1 minute

Average response time 05:~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 4.2 minutes~~~

Burning permits issued:~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 1699

He notes that they responded to 16 Building Fires with 10 other response categories above 10.~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Chief Jordan explained that Fire Prevention Inspections and Public Education is a very important focus of the Department of Public Safety. Last August the State of Maine Department of Public Safety Fire Marshal’s Office adopted the NFPA Life Safety Code 101 and NFPA 1. The adoption now requires the local Fire Chief to enforce these codes. He said that they at Standish Fire/EMS are embarking on this endeavor with a goal of inspecting all occupancies other than single and two family dwellings within one year. This process will make Standish a much safer community. Our public education program is implementing the NFPA Risk Watch Program into the school system for grades K-8. This program emphasis is safety through accident prevention and life safety through fire prevention. A similar program is being used for our senior citizens.

Chief Jordan announced that four promotions took place during 2005.

He explained that with the focus on WMD the department has updated and submitted to Cumberland County EMA all of our plans for review and acceptance. They include the Emergency Operations Plan, Weapons of Mass Destruction Annex and adoption of the National Incident Management System or NIMS.

Chief Jordan said that the Fire/EMS Division participates in the five communities Presumscot Valley Haz Mat Team (PVHMT). This TEAM supports any Hazardous Materials response needs that Standish may have. Many grants have been received to fund this TEAM and most costs are recouped through insurance reimbursement. Currently five (5) Standish members are on the TEAM. The TEAM currently has a new Command vehicle and has awarded a bid for $325,000 to purchase a new Response vehicle that will replace the van that Standish gave to the TEAM.

He noted that the department is in they process of rewriting our SOP’s & SOG’s so that they are current with the changes in the community and with technology. The current growth factor of new commercial buildings, new sub divisions and other residential homes along with the significant increase in traffic is having an impact on the department.

He said that the Department motto is “IT’S HAPPENING HERE!” ONE TEAM-ONE GOAL-A SAFER COMMUNITY.

Chief Jordan said that this is but a brief overview of what the department is doing. He said that he asks you to consider the commitment, dedication and professionalism that the men and women of the Department of Public Safety give to this community. In addition this report cannot do justice to the amount of hours that are given to this department, whether it be remolding their stations, training, attending classes, shoveling hydrants, just to mention a few.~ He aid that they stand ready to meet the Town’s needs and exceed all of your expectations. He said that he would like to thank the Citizens of Standish, you the Town Council, the Town Manager, all the department personnel and all the other Town personnel who assist us in providing this community with the best services anywhere, second to none.

Councilor Pomerleau said that $120,000 or so in grant money helps the bottom line in Standish.~~ He said that if we hadn’t received the grant money for turnout gear it would come out of our pockets.~ He noted that grants are not paid back.~ He said that was terrific.~

18-06 Application Submitted by Shanda Rae Allen for a Massage Therapist License for Employment at Crane Chiropractic Center Located at 320 Ossipee Trail West [Hopkins]

Chair Hopkins asked if the application was in order.

The secretary that it was.

After a public Hearing without additional Council or public discussion the above titled order was voted on and the hearing was closed.

VOTE: 6 Yeas – 0 Nays

COMMITTEE REPORTS

Councilor Pomerleau noted that the CIP Committee has met several times and there is an item on the agenda tonight regarding the Capital Plan.

Councilor Christy that at the next Ordinance Committee meeting the major topic of discussion will be housing for the elderly.~ He said that the ordinance has gone through legal review and will be brought before the Council for some action.~

Councilor Christy said that he and Councilor Pomerleau have been attending the Community Block Grant sessions that have been held to discuss the County being appointed the dispensing agent for all federal monies coming in for capital projects in Cumberland County.~ He said that there are some $4 million in funds dispensed each year.~ He said that what they are trying to do is have the County become the agent for the future.~ He said that Portland receives approximately $2.3 million of those funds and South Portland receives approximately $500,000.~ The balance of the money goes to the other communities.~ He said that they are attending the meetings to determine whether is worth while for us to be a part of that process.~ He said that we can still submit a community block grant anytime we want to. ~He said that the Council will have to either sign-on or sign-off on the program.

Councilor Christy said that the Roadway Planning Committee has had two meetings which have been very positive.~ He said that they have taken a good look at~the Routes 25 and 35 intersection and the Oak Hill Road where it comes out on Route 25.~ He said that they are also looking at curb cutting on Route 25.~ He said that they are carefully looking at the business area on Route 25 as far as access and egress.~ He said that the next meeting will be on February 22 in the Conference Room.

Councilor Richardson noted that the PWD Steering Committee members met last Friday morning with Mr. Soucy and Mr. Powell of the Department of Conservation.~ He said that the Department of Conservation is in charge of boat launch facilities.~ He said that these two officials briefed us on the proposed Memorandum of Understanding between the State of Maine and the Portland Water District for a boat launching facility on the Rogers Farm lot.~~ He explained for those who were not familiar with this area it is located on the shore front of the lake approximately between the Pond Road and St. Joseph’s College.~~ He said that the Department met with us because they have recently been advised that significant obstacles would have to be addressed for this project to move forward.~~ He said that they asked to meet with the Steering Committee and at the same time asked that the Portland Water District table the Memorandum of Understanding for the time being.~ He said that the Department of Conservation officials advised the Steering Committee that the State intends now to construct another public boat ramp on Sebago Lake and the State will no longer be interested in enlarging the town ramp in Sebago Lake Village.~ He said that this is a very big change in that the State position, in the past, they have worked~ with the Town on the ramp in Sebago Lake Village.~ He said that it is an important change for the Town to consider as we move forward.~ He said that this change has been brought forward by Maine Center for Disease Control which was formally known as the Bureau of Health.~ He said that they have identified boat ramps as a possible threat for water supplies.~~ He said that the Department officials asked the Steering Committee and the Town to participate in the process of locating a new ramp at this time.~ This is something that the Steering Committee will be discussing with the entire Council as we move forward.~~ He said that the State has received a lease agreement on the parking area on the east side of the Town right-of-way at the present launch site.~ He said that they will be forwarding a letter to the Town asking for Town support of this lease.~ He said that he understands from Mr. Billington that we have not received this letter as of yet.~~ He said that they also discussed the Pine Cove Beach, the Districts land use policy and how it interfaces with Standish citizens rights under Section 22 of the Portland Water District Charter.~~ He said that this will also be discussed in the future with the Town Council.~ He said that they discussed the 132-foot right-of-way from the Village to the ramp.~ That issue will be brought forward to the Council in the form of an order at a later time.~

Chair Hopkins said that it sounded like it was a very interesting meeting.~

Councilor Christy said that the Rangeway Committee was looking at that Extension for cost estimates to lay it out to know exactly where it is.~~ He said that he found out from Roger that we have architects rendering of that and it is in progress now to determine where that right-of-way is located.

Councilor Lymburner said that the Public Health and Safety Committee met last Wednesday.~ She noted that this year’s theme is Children’s Health and Safety.~ She said in that regard we have two programs that have been initiated. ~She explained that they are working with the Sheriffs Department in developing trading cards that will be passed out to children in Standish.~ The cards will include a picture of the Sheriff and safety information.~~ Also, they are looking at the Fatal Incident Program to be conducted with Bonny Eagle High School.~~ That program stages a mock accident which teaches the children about the dangers of driving unsafely.~ She said that they did discuss the banner program which may be modified to provide two banners per year - a spring/summer and fall/winter banner.~ The Committee is looking at developing a web site for the Committee that will be linked to the Town’s web site.~ She said that the next meeting will be on Thursday, March 9 at 6:30pm.

Councilor Simpson said that the Recycling Committee has not seen any improvement in the recycling efforts.~ He said that the awards have been presented to the winners of the calendar program.~~ Calendars are still available at Hannaford or at Town Hall.

Councilor Simpson said that the Finance Committee reports that the town is in good financial shape.~~ He said that they are seeing a disturbing trend that was anticipated and that there is a fall in the excise tax compared to our estimations.~ He said that it was down 1.3 percent for the period.~ He said that usually we run in excess of the projection of those funds and they go into an undesignated reserve.~~ He said that it was his opinion that this was due to the cost of fuel, autos and people not buying new automobiles so the excise tax is down.~~ He said that another thing that they are watching closely is the fuels and lubricants accounts.~ Everything else within the departments is running strong.~ Fuels and Lubricants in the Sheriffs Department, Public Works and Public Safety are starting to creep up.~ He said that chances are that if it continues this way there may not be funds in the independent departments to cover the overage in this line.~ He said that there may need to be a Special Town Meeting to cover any overages.~~~

Councilor Simpson said that the Community Study Committee will have a very important meeting Thursday night.~ He said they will talk with different people to assist them, not in the design, but in the square footage that will be needed.~ He said that they will be talking with someone on Thursday night and he might be back to them at the next Council meeting to take some monies from the Dedicated Reserve Fund for the Community Center for a public relations campaign.~~ He said that their effort now was geared to the June referendum to purchase the land that we have under contract for a future center.~ If the future center is not passed, at least the land would be a good investment for the Town to own since the land is almost across the street.~ He said that is the emphasis right now we are not be coming forth in June with any definite plan, concept, design or anything else.~ Right now we are geared to the purchased of the land.~ After that, a design of a Community Center based on their visits and interviews that we have made to other facilities.

Chair Hopkins said that the Personnel Committee has completed their recommendations that will be presented with the Manager’s budget.~~ She said that major task has been completed.~ She said as Mr. Christy had commented on the Senior Housing Ad-hoc Committee are working with the Ordinance Committee and representatives of the Planning Board to develop an ordinance which is now being called phase one now.~ The ordinance has now gone through legal review.

Councilor Simpson said that he was hoping to bring the Community Center Study group to the Council to share their information but the next workshop agenda is full.~~ He asked the Town Manager that at the next Council meeting the Committee report be presented in the Manager’s report.

Councilor Christy said that there is a movement spearheaded by St. Joseph’s College with the extra food they have over there.~ They have been freezing the extra meals that would normally be thrown out.~ They are meeting to decide how those meals can be served to those who need them.~ The first meeting was cancelled due to bad weather, but it will be rescheduled.

CONSENT CALENDAR

There were no consent calendar 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) (Referred to Committee on 7/12/05) [Christy]

This item remained in committee.

206-05 Amendment to Standish Town Code, Chapter 263, Vehicles and Traffic, §263-1 Prohibited Parking (First Reading) [Pomerleau]

Chair Hopkins said that this was the First Reading.

Councilor Christy said that this continues the no-parking zone already in the Village area.~

Chair Hopkins said that this also was a request of the Planning Board of the applicant.

Councilor Pomerleau asked that he be able to abstain from voting on this since this regarding a piece of property that he has leased.

Moved by Simpson Seconded by Lymburner and Voted to allow Councilor Pomerleau to abstain from voting on this order. (Unanimous)

VOTE ON MOVING ORDER TO PUBLIC HEARING IN MARCH: 5 Yeas – 1 Abstain, Pomerleau

06-06 Amendment to Standish Town Code, Chapter 181, Land Use, Historic Preservation

§181-137, Appeals (First Reading) [Christy]

Chair Hopkins explained that this came out of the Ordinance Committee.~ She said that the discussion at that meeting were to have more checks and balances then there currently are.~ She said that this would allow a fresh review of the information.~

Councilor Lymburner said that she supported this order because it gives someone with grounds for appeal, another option than going to court.

Councilor Christy said that every document that we have is a working document and it’s not cast in stone.~ He said that there may be glitches that come up every once in awhile.~ He said that the Ordinance Committee tries to find a way to make things work.~

VOTE ON MOVING ORDER TO PUBLIC HEARING IN MARCH: 6 Yeas – 0 Nays

NEW BUSINESS~ ~~~~~~~~~~

Moved by Lymburner Seconded Richardson and Voted to take 24-06 and 23-06 out of order with order 24-06 proceeding 23-06. (Unanimous)

24-06 Utility Location Permit – Central Maine Power Company – Randall Road [Hopkins]

Mr. Billington explained that this request from CMP is for them to gain access with a utility easement down Randall Road to a parcel of land that they own at the end portion of Randall Road.~ He said that portion of Randall Road is no longer maintained by the Town, and has not been since the 1960’s or 1970’s.~ He said that the status of the road is not clear whether it was abandoned to the abutters. If that was so, any easement there, should have be maintained.~ He said that there is evidence that there were poles in that location all the way to the parcel of land the CMP currently owns.~ He said that it appears that there was a utility easement at least.~~ He said that the Town did not discontinue the road it merely stopped maintaining it.~ He said that if we did not grant CMP their rights to access that land we could be liable for damages due to the fact that it was once a town Road.~ He said because of the uncertainty as to the ownership of the road – was it truly abandoned and not maintained for thirty years.~ Did it indeed go to the abutters?~ At that time was there in fact no easement existing?~~ He said that they are not certain of that.~ That is why it is subject or any rights that we may currently have.~ He said that the next order weights on this order.~ He said that the next order makes notice to the abutters that the town is considering discontinuing that portion of the road.~ In the order written by the attorney it says that we will discontinue the public easement of the road that you no longer maintain, however, you would retain any utility easements that may exist.~ He said that the language is fairly soft if you go forward with both of these.~ He said that if you don’t approve the CMP request for the utility location the Town could be liable for damages if you deny them to access to their land at the end of Randall Road.~

Ken Farber, counsel for Central Maine Power Company explained Kathy Thibault was with him tonight.~ She is the manager of transmission and distribution support and she can answer your questions about what we are doing there.~~ He said that is worth taking a few minutes to describe the project that they have planned.~ He said that it is a project that is intended to benefit the town.~ He went on to say that that the Town of Standish has seen some significant growth, particularly in the summertime around the Standish Village area, growth in electrical usage.~~ He said that this project is really designed to support that growth and to provide reliable service to the Town.~ He said what they are intending to do is to shift the load from the Bonny Eagle substation to the Shaw Mill transmission line.~ He said that how they are doing that is by using CMP’s property at the end of Randall Road they’re installing a transformer on a pad and Town has already approved that aspect of the project.~ The Town issued a building permit to us last summer so we could build the pad mount transformer.~ He said that the transformer will be connected to the transmission line that runs perpendicular to Randall Road.~ He said what we are requesting tonight is for you to issue a pole location permit to add one additional pole next to the last pole on Randall Road.~ Then they will be going underground along the public easement to the pad mount transformer.~ He said that they will be connecting a loop from Shaw Mill up Randall Road then on towards the town center.~ He said what this does is shortens the circuitry to get to Standish Village by five miles and makes additional load available during peak times in the summer.~ He said that this is a half-million dollar project that has been in the works for quite some time.~ He said that they are hopeful that the Town will grant the pole location permit.~ Then they will go to Roger and ask for a Street Opening Permit to put the underground work in.

VOTE: 6 Yeas - 0 Nays

23-06 Approve Notice of Proposed Discontinuance of a Road – A Portion of Randall Road [Hopkins]

Mr. Billington explained that this was a request from Mr. Randall to formally discontinue this road and extinguish the public easement associated with it.~ He said that in the notification letter to the abutters it proposes to do that over the abandoned portion of Randall Road subject to utility rights therein.~ He said that we are acknowledging that if this is approved we will discontinue the public easement but the utility rights that are contained therein will still remain.~~ He said that this is merely a call for a public hearing.~ This is a notice that you intend to go forward and consider this.

Chair Hopkins said this will go out to abutters.

Mr. Billington said that is correct.

Louis Stack of 686 Whites Bridge Road asked if this discontinuance is something the Roadway Planning Committee has looked at.

Councilor Christy said that they looked at it in 2001, in 2003 and we are look at it again now.~~ He said that section of town is ideal for a bypass starting.~ He said that there was a general discussion with no decisions or recommendations being made.~~ He said with the bypass coming up Brandy Hill funneling all the traffic out of Portland up Route 25 and it hits the Standish line.~~ He said that we have been looking at a bypass on the Chicopee side and on the Blake Road/Shaw’s Mill Road area.~ He said that no definite decisions have been made.~~ This may have an impact because it is in a rangeway.

Louis Stack said that is what he was getting at – are we going to discontinue something that perhaps we might need in the future.

Councilor Simpson said that he would like to see this discussed a little more but would like to see it tabled.~ He said that he agreed with Councilor Christy and Mr. Stack this is a Rangeway and we should not be discontinuing it right now.~ He said and if we did, we should not give up the public easement to it.~ He said that this is an area that the Roadway Planning Committee is indirectly looking at.~~ He said that he would hate to do something right now until we as a committee have a chance to look it over.

Councilor Lymburner said that she agreed with Councilor Simpson and she would like to see a motion made to table this because of the Range Road issue.~~ She said also as she reads the order as it is written and the order as it is written it does not convey to her that it is only an order to move this forward as a notice to the abutters.~~ She said that she had trouble with the wording of the order.~ She agreed that this should be tabled.

Councilor Christy said that this road was not part of the mission of the Roadway Committee.~ He said that they had an impassioned meeting about Rangeway’s when the concept was thrown out to begin with.~ He said that everyone that spoke at the meeting that night realized that we have a traffic situation and we have to funnel traffic.~ He said that the overriding consideration then was to stay away from residential areas. That message was loud and clear. He said that he would like to hear public comment on this section because it is in the heart of the committee in what we are looking at – a bypass on that side.~ It is a Rangeway that has been discussed in two previous reports covering five years.~ He said that Dolly’s and Larry’s comments are well made.~ He said that he would like to have the public hearing coincide~ with the Committee and it’s deliberations right now.~ He said that we can always look at another section on that side – we are not looking at it because we were not asked to, we were asked to look at the small section across from Colonial Market Place.

Chair Hopkins asked when would the Committee be prepared to participate in a public hearing on this?

Councilor Christy said that we are moving along very well.~ The next meeting will be February 22 and will be looking at Route 25 and other items that you asked us to do.~ He said that we have to submit answers to those to DOT.~ We need to have sketches for DOT.~ He said that we are supposed to be back to the Council in May.

Councilor Richardson asked Councilor Christy if this town road went to the Gorham line.~ He asked what Gorham had done with their section of the road.

Councilor Christy said that we have not had any indication from them.~ He said that he had talked Gorham Councilor so they know we are looking at it.~ That may be an addendum to the report in May.

Councilor Richardson said that before we more forward we should talk to the Town of Gorham and see what their plans are for this road.

Chair Hopkins said that is a valid point.

Councilor Christy said that would have to be a separate item since the Committee has been asked to do a number of other items.

Councilor Simpson said that at the last meeting we discovered if we did do anything we will have to deal with Gorham.

Chair Hopkins asked Mr. Billington to call and find out what the status of the road is.~~ She said that she was concerned should there be a time certain on this.

Moved by Simpson Seconded by Lymburner and Voted to table this item.~ (Unanimous)

19-06 Annual Recommendation to Adopt 10-Year Capital Plan [Pomerleau]

Councilor Pomerleau said that every year we look at a 10-year plan.~ He said that we look at General Administration, Public Safety, Parks & Recreation and Public Works.~ He said that we go out ten years with any big hits such as fire trucks, additions to buildings, rescue units or anything like that.~ He said that we try to get something in line but it is no locked in stone process but it is a general idea of where we will stand in the future.~ He said that there were approximately four meetings discussing with Department Heads what their needs were over the next few years.~ He said that the main focus was 2007.~ He said that they looked a General Administration – voting machines for about $8,000 and possibly a Code Enforcement four-wheel drive vehicle.~~ The Code Enforcement Officer has been using his personal vehicle because the town car had broken down a number of months ago in addition it was a rear-wheel drive.~ We are looking to put him into a four-wheel drive vehicle that could be better to drive in the winter.~ In Public Safety we are looking at jaws of life equipment, we are splitting the cost over two years.~ He said that they are also looking a four-wheeler type of vehicle for Public Safety.~ The only thing in Parks and Recreation is getting a survey of Johnson Field.~~ In Public Works a $145,000 is being put aside for a 14-yard wheeler/dump truck.~ He said that they had looked at a 7-yard truck but the more they thought about it the bigger truck would be better.~ He said that 14-yard truck would be better because when you are out sanding you can take out twice as much sand in the winter and you do not have to go back as much to reload.~ In addition, they are looking at a used excavator for $30,000.~ He explained that the rent an excavator three month out of the year at a cost of approximately $10,000.~ He said that they thought that smart money would be to go out and buy a good used excavator.~ It would pay for itself in a few years.~ It would work better in ditching and increase the life expectancy of the backhoes.~ He said that they also looked at roads, rehab, re-paving, grinding.~ He said that there are over a hundred roads in Standish that have to be reviewed for the process.~~ He said that he would like to thank Councilor Lymburner, Councilor Russell, Town Manager-Gordon Billington, Department Heads-Roger Mosley, Linda Brooks, Marty Joyce and Budget Committee Member Louis Stack.~ He noted that they had attended all the meetings and they have come forward with a very good 10-year plan.

Councilor Lymburner asked about the truck and noted that it was already in the budget and we shifted it around.

Councilor Pomerleau said that it was in the plan for the 2008.~ He said that they bumped it up a year.

Councilor Lymburner said that even though she serves on the Capital Improvements Committee this just occurred to her recently.~ She questioned the land that was going out to referendum for the Community Center there is no line in within the Capital Plan for those monies.~

Gordon Billington said that the referendum question to go to the voters was approved earlier. How you will pay for it has to be decided in this budget process.~ He said that the Committee was hopeful that funds would be used from the sale of lands being proposed to sell to the State.~ This is not part of the Capital Plan do you don’t see it here as one of the funding items.~ He said that the funding choice will have to be decided as you go through the budget process.

Councilor Lymburner said isn’t the referendum happening at the same time as the budget.

Gordon Billington said that the Council Order call for a June referendum.

Councilor Lymburner~ said how then do we get that into the budget.

Gordon Billington said that it is outside the budget.~ It will not be in this years or next years budget.

Councilor Pomerleau asked where will we get the money to buy the land.

Gordon Billington said that you have several choices.~ Money can come from bonding or you can use existing funds.~ He said that there are choices and that needs to be discussed during the budget development process to see where we stand with the undesignated fund balance at that time and what pressures there are from the regular budget.

Councilor Lymburner said that she was getting two messages.~ She said that one is we discuss it during the budget process and the other is that we wait until after the vote and then we decide where we will get the funds if it passes.~

Gordon Billington said that they have to decide how they will fund this prior to the referendum vote.~ He said that decision has not been made yet.~

Councilors Lymburner said then it’s not a Capital Improvement.

Gordon Billington said that it is not in the 10-year Capital Plan.

Councilor Lymburner said wouldn’t it be classified as a capital improvement.

Gordon Billington said that it would be a future capital item.

Councilor Lymburner said so you are saying that as we move through the budget process we will look where the funds will come from and made them then part of the budget.

Gordon Billington said that they will not become part of the annual operating budget.~ He said that you will pay for it as a decision made in 2006 budget.~

Councilor Lymburner said that it will not go into next year budget.

Gordon Billington said that it will not go into next year’s budget.~ He said that it will have to come out of existing funds or borrowed funds.~ He said that they still have choices to make.~ He went on to say that he wanted to point out the Northeast Road Extension item on the Capital Plan.~ He said that $105,000 is set aside for upgrading 700-feet of the road to the full 132-foot width of the Town’s right-of-way.~ The upgrade will be gravel and will begin the vicinity of the old Station One continuing to where the right-of-way opens to the existing gravel lot.~ This will consist of engineering services for the survey, monumentation of the right-of-way, engineering services for the design and preparation of plans for bidding, permitting process, relocation of the porta-potty facilities and road construction to include land clearing, grubbing, removal of materials and other road work.~ He said that Roger came in with a number that the Capital Improvements Committee looked at.

Councilor Richardson said that he was on the Council and a Department Head before we had a Capital Plan.~ He commented on what a good job had been done to keep this plan going and it is a very good management tool.

Councilor Christy said that out of the Ordinance Committee came an order and recommendation that was made from the Planning Board to do away with the sidewalk requirement.~~ He said that Gordy has sent that for legal review.~ He said that they were going to come up with an impact fee on establishing sidewalks.~ He went on to say that there should be an amount set aside by the Town to provide sidewalks for safety.~ He said that it was the unanimous decision of the Ordinance Committee that there should be money set aside each year in CIP for sidewalks.~ He said that he is asking that a sum of money be put into the Plan.~ He said that he has seen an increase in foot traffic at night and all we need is one accident.~ He said that he likes the idea of setting aside a little bit of money for this.~ He said that the Committee liked the idea too.~ He said that he wasn’t sure if the sidewalk would be on only on side of the road.~ The Ordinance Committee didn’t have any feeling on that part of it but they did want to address this safety issue.~ He then asked the Town Manager where would the money be put it in plan.

Gordon Billington said that it could go under Public Works identified as sidewalks.~ You would need to determine how much money to put in the plan each year. This could be considered in the future.

Councilor Christy said that he didn’t want in the future he wanted it now. He said that the Committee was emphatic about that we start doing something about it.~ If have to wait for the impact fee that might not do it, then it will be in limbo, he said that they felt strong that some action must take place and they thought that the CIP to be the place to do it.~ He asked for Roger to give some idea of what amount might be the right number.~

Councilor Pomerleau said that he supports what Terry is saying.~ He said that they are jumping around with these sidewalks.~ He said that he is getting ready to put on in that you can’t get to.~ He said that at one end to a ledge area and the other end is a swamp area.~ He said that maybe impact fees is the way to go.

Chair Hopkins said as it relates to adopting the plan tonight. She asked him as Chair of the Capital Improvements Committee did he want to see them adopt what is before them tonight and bring an amendment in another month or table this for a month to give you a chance to review Mr. Christy’s request and bring in an amended plan.

Councilor Pomerleau said that he supported getting on board with a sidewalk plan.~

Chair Hopkins asked what he wanted to do adopt this with an amendment tonight or table it and bring an amended plan back next month.

Councilor Pomerleau asked if they had a plan ready for the plan.

Councilor Christy said that the said that the impact fee cannot be used so it has to go back to the Ordinance Committee.~~ He said what we will be doing is going over a sum that Roger will recommend.~ He said that we need more dialog on the location of the sidewalk.~ He said that what he has heard from the public is a sidewalk on one side would be okay. He said that they will have to talk to DOT as well.

Councilor Pomerleau said that we need a number with in the next thirty days.~

Councilor Lymburner said that for Gordy to complete his budget this has to be passed tonight.~~ She said that she didn’t think that in one month they would be able to decide how they will move forward with sidewalks.~ She said that either the Capital Improvements Committee or Capital Improvement and the Ordinances Committee needs to get together and make a decision on what needs to be done.~ She said that she agreed that sidewalks to nowhere are no good.~ She said if there is someway to come up with a fund working with Roger to move this process forward and be put in the budget.~ She said that she would be in favor of that but is not in favor of removing the current requirement for new businesses to put in sidewalks.~~ She said also she hoped that the Planning Board would never waive this again.~ She said that they should be part of the cost.~ She said that if there are areas where it needs to connected then the Town should complete those sections.

Councilor Simpson said that Councilor Richardson eluded to it right off quick that the Capital Improvements Plan is just exactly that – a plan.~~ He went on to say that it is a management plan and it is not cast in stone.~ He said that there is nothing that says that the Manager has to bring his budget with what’s in the Capital Improvements Plan.~ He said that even if he does the Council can bring in other items.~ He said that if we pass this tonight as a plan.~~ He said that the Manger has can add it in the budget and in another year it can be added to the Plan.~ He said that he didn’t see any sense with fooling with this tonight.~

VOTE: 6 Yeas – 0 Nays

20-06 Call for Public Hearing on Fiscal Year 2007 Municipal Budget [Simpson]

Councilor Simpson said that this is standard operating procedure for each year.

Caroline Biegle said that she did not have a clear idea of what is included in which part of the budget.~ She said that one thing that she has talked about with her husband who is involved with the Comprehensive Plan is the intersection of Route 25 and sidewalks.~ She said that she has also heard that a study might be done.~ Her question was how do the committees make a connection on their various projects and how does that get in the budget.~ She said as she hears these discussions she would like to see that included.

David Thomas of Pond Road and a Comprehensive Plan Member.~ He said that they do not set the policy or vote on the Plan.~ He said that their objective is to bring the issues to the Town Council by bringing forward strategies and policies to address them.~ He said that one of the questions of the survey was to rate various features of the village area. He said that sidewalks was the poorest condition in all the village areas in the survey.~ He said that the second thing is that the Comprehensive Plan Committee has a problem with the word sidewalk.~~ He said that people want sidewalks but they would like to call them pedestrian ways.~ He said that that it might not be necessarily be asphalt or concrete sidewalk adjacent to road. ~If might be something other than that like they have in Raymond or the Bath/Brunswick area.~~~ He said that for clarification the Gorham bypass had the fourth highest response for priority.~~ He said that Range Roads were low on the priority.

Ann Farrar said that she was a little confused about what she has heard in the past fifteen minutes.~ She said that everyone has talked about sidewalks.~ She said that Mr. Thomas tells you that was one of the number one priorities, that was mentioned in the questionnaire.~ She said that yet she got the impression from the discussion that she just heard.~~ That yeah we think sidewalks are great but you want some else to pay for them.~ She said that is the message that she heard.~ She said that she put out that comment because that is one of the things that’s always bothered her that it has to be free or~ has to be a grant or someone else has to pay the bill.~ She said that the bottom line is the Council and the Town are responsible for certain things.~ She said to get some of those things done someone will have to bite the bullet and decide what to do.~ She said that there isn’t such a thing as a free lunch.

Councilor Lymburner said that they have received some good comments tonight and she urged these people and people at home to bring forward any items to the Council on March 14.

Chair Hopkins explained that on March 14 the Council will be presented the Managers budget.~ The Finance Committee will then review the budge line by line for the next four to six weeks.~ It then goes to the Budget Committee and back to the Council.~ She said that there will be plenty of opportunities for people to provide input if you can’t be here on March 14.

VOTE:~ 6 Yeas – 0 Nays

Moved by Christy Seconded by Lymburner and Voted to take a five minute recess. (Unanimous)

Moved by Lymburner Seconded by Christy and Voter to come out of recess. (Unanimous)

21-06 Amendment to Standish Town Code, Chapter 181, Part 5 Historic Preservation. Repeal Part Five~ (Introduction) [Simpson]

Councilor Simpson said that this is an order that he was binging forward in the introduction stage to get it out before the Council and public.~ He said that he want to preface any remarks that the stipulating that unequivocally that this is not against any member of the Historic Preservation Commission.~ It is an issue involving the ordinance and the ordinance only and not the actions of any individual. He said that they are hard working people as we are or and other committees are.~ He said that this has been a contentious type of issue ever since it was originally passed a few years ago by a small margin.~~ He said that tonight he is putting it out before you for an introduction to put it on the table.~~ He said that next month will be the First Reading and then the Public Hearing in April.~

Eleanor Dudek said that she wanted to know what precipitated this, what is this about.~ She said that you mentioned that this has been contentious from the beginning.~ She said that was very subjective, she asked specifically what is this really about?

Councilor Simpson said that is about repealing the article.~

Eleanor Dudek said what precipitated this?

Councilor Simpson said that is a combination of a lot of things.

Eleanor Dudek said that none of which you care to go into?

Councilor Simpson said that he would not go into them tonight.

Eleanor Dudek said that she would like to comment that it may have passed by a small margin but George Bush was elected by a small margin and he is still president.~ She said if we can’t know what this is about can we have a question answered about the present problem with a law suit.~ She asked if there was any other way that might be resolved beside Superior Court since this is the second law suit that the Town is undertaking at taxpayers expense.~ She said that with an elected body such as the Planning Board the Council cannot over rule a decision that they make.~ She asked if the Council overrule a decision made by an appointed board or will we continue to pay legal fees.

Gordon Billington said that our attorney recommends that we do not comment about the pending law suit.~ He said that it would not be appropriate about the particulars of the law suit.~~ He went on to say that the Council does not have the authority to overrule a board.

Eleanor Dudek said so that during the Public Hearing our questions will be answered.

Ann Farrar said that she was sure that the Public Hearing would be interesting.~ She said that if here memory served her correctly the Council when this became a public issue failed to make any recommendations or to draft any input for the public whether this issue should pass or not pass.~ She said that the Council were silent on the issue.~ She said that then when it passed everybody was a little shocked.~ She said based on the fact that this was a public initiative. She said that she would think that the Council would want this to go to the public for a vote.~ She said to answer Mrs. Dudec’s question since she is one of the few people that are personally affected and have been for the past three years.~ She said that she never hade any problems or know of any contentious issues at all. So, to add to Eleanor’s information any issues that she has had with the Historic Commission have friendly, acrimonious and have not had a problem.~~ She said that she really didn’t like being regulated but that is what the voters voted for and that’s what we’ve got.~ She said that her position at this point is that you have a corner that is about to explode. She said that you have a white house that is burnt out, that nobody knows what’s going to happen with.~ You have a house on the opposite corner that is up for sale. You have the old Fairpoint Building that is up for sale.~ She said what is left is the section that she owns and that is owned by the Historic Committee of New England.~ She said that what this Council is looking is a whole village section of historic buildings that’s about to go on the market.~ She said that they should look long and seriously.~ She said that she personally leafleted the whole town in opposition before the vote.~ She said that she felt that it put too much control in a small committee.~ She said that the other side of that is she is the one most drastically affected.~ She said that from the political animal that she used to be, she has to look at it from two ways.~ Does she get to say – I told you so or do I get to benefit in her pocket.~ She said that if she goes one way she would benefit in her pocket – the other way she would satisfy her political history.~ She said that you have an explosion that is going to take place in that historic district. She said that she would urge the Council long and hard before they vote down something that you want to be there.

Bob Higgins said that he was at the center of the controversy.~ He said that he would like to apologize for getting the Town involved in a law suit.~ He said that his wife and he tried very hard to come up with a compromise between the capitalism and fanatical preservationist.~ Hs said that he thought the Historical Commission stepped up and did the right thing.~ He said that he told them so and thanked them.~ He apologized to them for getting them involved with this law suit.~ He said that he and his wife were mortified that they are in this position.~ He said that they tried real hard to avoid it.~ He said that they knew that the sale of this property would likely be controversial to some degree.~ He said that they had thought that they had come up with a reasonable compromise that everyone could live with even if everyone wasn’t perfectly happy.~ He said that they were sorry that it has come to this point.~

David Thomas said as a member of the Comprehensive Planning Committee he said that the Town of Standish residents said unequivocally that the most important thing for us in Town was to preserve our rural character.~~ He said that they also said that they want a public beach.~ He said that he understands the cost of maintaining a historical building. He said that he certainly understands the Higgins’ point of view.~ He said that he didn’t think that this would be the only contention we have as we move forward to maintain the rural character.~ He said that it is time now that the Town, the Historical District and others involved start in raising funds to purchase these properties so that someone that is in a position who has to sell their property in a Historical District can do so and the Town can preserve that property.~ He said that this is where we should be focusing our money.~ He said that the Community building can wait.~ He said that he wished that the Town Council had the same interest in preserving the rural character and dealing with some of these issues the Town thinks is more important.~~ He said that it is a difficult thing when you are taking away someone’s rights, that’s not the interest here, he thought that we are trying to preserve everybody’s rights.~~ He said that he thought that there would be more to say about this.~ He said that he hoped that the leadership on the Comprehensive Committee will do a better job presenting our views as we finish up.

Caroline Biegel said that she wished that her husband was here tonight because he would do this more justice than she would but he is at a different meeting.~~ She said that in his work and things that she has started to read, when you develop any kind of a village you need to have a focal point.~ She said that right now our focal point is the Marrett House, the Historic District, the Red Church, that’s the focal point for our village.~ She said that as we continue to make changes, she said that she too lives on Route 25, she could say will great if everything is going to go commercial she could sell her property and make a killing.~ She said that more of the rural character that the Standish citizens have said they want to preserve will be gone.~ She said that Ann and the rest of us that live on Route 25 have to sell out and there would be a commercial strip that everybody is trying to avoid.~ She said that everybody except for some members of the Council with some of the things that they are proposing.~ She said that she wondered where the connection is between the Council is, she said that there is a direct link between Billington’s. She said that Mrs. Billington is the Chair of the Comprehensive Plan and Gordon is the Town Manager.~ She said that there shouldn’t be any gaps between these two groups.~ She asked Dave Thomas when the Comprehensive Plan Committee would be finished with their plan?

Dave Thomas said in June.

Chair Hopkins said that there will be a Public Hearings before that and discussion at the Council Workshop in May.~

Caroline Biegel said that if that is coming down the pike in May which is only a couple of months away.~ She said we have some significant themes that we can be working towards collaboratively instead of butting heads.~ She said that she looked to Mr. Billington as the leader of the Town to try to make those two groups come together.~ She said that she hoped that would be reflected in the budget that is put forth and the conversations that you have between yourselves and the committees so that the things that are listed as priorities with the survey and the committee so the citizen’s voices are heard.

Chair Hopkins said that she wanted to clarify that that Mr. Billington works for the Town of Standish. The Town Council of the legislative body, so he works for the Town Council.~~ She said that he has no authority regarding the orders that come forward that was her decision as Chair.~ She said that his role was to serve the Council.~ She said that Caroline should address the Council when she talks about a link between committees.

Caroline Biegel said that what she is looking for is make sure that you as Council members have all the information that you need to be making decisions and that there isn’t a gap.

Chair Hopkins said that that is for them to ask for information and he is just the conduit and he works under our direction.

Caroline Biegel said that she hoped that if he was privy to information that you needed and you didn’t know that you needed that he would say here is some information that you need.

Councilor Lymburner said that the Historic Preservation ordinance was something that was brought by petition by the people.~ A committee of people collected signatures which is not an easy thing to do.~ She said it was brought to a vote of the people and regardless of whatever the vote was it was passed by the people of Standish and to her that says that they want it.~~She said that maybe the ordinance isn’t perfect but we have addressed one of the problems tonight to make it a little better by changing the appeals process.~ She said that maybe there are other parts that need to be looked at.~ She said that the Council can work with the public and the Historic Committee to identify and make those changes.~ She said that she would not vote against the will of the people.~ She said if there was a desire to go back out to referendum and let the folks vote on it again, that would be fine, but to vote on the order as it is now she would not support it.~

Councilor Christy said to Caroline that it was appropriate to say that on the Roadway Committee we have a member of the Planning Board and the Comprehensive Plan so we are trying to get the representation that we can.

Chair Hopkins said that if the majority of the Council votes against this tonight that it will not move forward through the various stages.~~ She said that she would not support this, she said that she agreed with Councilor Lymburner.~ She said that she is not a fan of this order and she was not a fan when it went out to referendum.~ She said that this was a citizen’s initiative, the citizens of Standish voted it in and did not feel comfortable with repealing this.~~ She said that if people felt strongly enough about this it should got to referendum to see if the people want his repealed.~ ~She said that we are trying to make it better with the amendment.~ She said that she would not be voting in the affirmative on this tonight.

VOTE: 3 Yeas – 3 Nays, Hopkins, Lymburner, and Pomerleau

Councilor Simpson reconsidered his vote and the roll call was as follows:

VOTE:~ 2 Yeas – 4 Nays, Hopkins, Lymburner, Pomerleau and Simpson.

22-06 Approve Notice of Proposed Discontinuance of a Road –A Portion of Middle Road Extension [Hopkins]

Gordon Billington said this is necessary due to the realignment of an intersection on Boundary Road.

VOTE: 6 Yeas – 0 Nays

25-06 Amendment to Town of Standish Fee Schedule – CRT (Cathode Ray Tube) Disposal Fees and Gravel Pits Fees [Simpson]

Councilor Simpson said this is a little unusual that we are reducing fees.~ He said that state legislation was passed in Augusta that the manufactures will pay for the disposal.~ Our $5 fee is for handling which covers the cost of getting the units to the manufacturer.~ He said that the second part regarding gravel permit fees are needed due to a change in the ordinance.

26-06 Authorize Installation of a Street Light and Transfer Impact