Town Council Meeting Minutes 03/14/2006 DRAFT -- MINUTES ARE NOT OFFICIAL UNTIL APPROVED BY THE TOWN COUNCIL--DRAFT MINUTES TOWN COUNCIL MEETING STANDISH, MAINE TUESDAY, MARCH 14, 2006 – MUNICIPAL CENTER 7:00 PM CALL TO ORDER The meeting was called to order by Chair Hopkins. Pledge of Allegiance was recited. ROLL CALL Councilors Present: Christy, Hopkins, Lymburner, Pomerleau, Richardson, Russell and Simpson. MINUTES OF PREVIOUS MEETING (S) Minutes from February 14, 2006 meeting were accepted as presented by unanimous consent. PETITIONS AND COMMUNICATIONS There were no petitions or communication at this meeting. REPORT OF THE TOWN MANAGER Managers update included the following: As many of you know, our Assessor suffered a heart attack and has been out for several weeks. He is recovering fine and does stop in for a brief visits from time to time. He will return to full time status sometime in the near future. Similarly, and unfortunately, our Fire Chief also suffered a cardiac event recently. He has since recovered and returned to work. Couple items from Recreation, on April 8th there will be a “Breakfast with the Easter Bunny Event” Interested parents should contact Linda Brooks. The Tai Chi sessions for seniors have been well attended and the Recreation Department will add a second session.~ New house starts in the town – four last month – recent average construction costs, not including land, have been in the $200,000 range. There will not be a Department Head presentation this evening. However, we do have Steve Sawyer here from the Peoples Regional Opportunity Program who would like to address the Town on the 40th anniversary of PROP. PROP Representative Grant Lee explained that PROP is celebrating their 40th anniversary.~ He said that they wanted to go out and thank the people that have supported them over the years.~ He then introduced Steve Sawyer who presented a plaque to the Town.~ Steve Sawyer said that he is a volunteer member of the PROP board and went on to read the inscription on the plaque – On the occasion of Peoples Regional Opportunity Program’s 40th Anniversary and in Appreciation of Your Dedication to the Children, Families and Seniors of Standish PROP’s Board of Trustees which to Thank You for Your Commitment to Helping Us Build a Community Free From Poverty and Full of Hope. PUBLIC HEARINGS 29-06 Application Submitted by Robyn M. Boardley 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 said that it was. After a Public Hearing without additional Council or public discussion the above noted hearing was closed. VOTE: 7 Yeas – 0 Nays 206-05 Amendment to Standish Town Code, Chapter 263, Vehicles and Traffic, §263-1 Prohibited Parking [Pomerleau] Councilor Christy said that he order speaks for itself.~ He said that the Ordinance Committee recommends passage. Councilor Pomerleau asked to be able to abstain from voting on this since it relates to property that he is leasing. Moved by Lymburner Seconded by Christy and Voted to allow Councilor Pomerleau to abstain from this vote. (Unanimous) After a Public Hearing without additional Council or public discussion the above noted hearing was closed. VOTE:~ 6 Yeas – 1 Abstain, Pomerleau 06-06 Amendment to Standish Town Code, Chapter 181, Land Use, Historic Preservation §181-137, Appeals [Christy] Councilor Christy explained that the Ordinance Committee looked at this very carefully and determined that adding this additional method of appeal would save people the costs of going to superior court.~~ Burns Cameron, Chairman of the Historic Commission agreed with this amendment. Carolyn Biegel wondered what the criteria would be for the Appeals Board to look at an issue. Chair Hopkins explained that it would be ‘a new set of eyes’ looking at the same information. After a Public Hearing without additional Council or public discussion the above noted hearing was closed. VOTE: 7 Yeas – 0 Nays 30-06 Order Discontinuance of a Portion of a Town Way to Donald Miner [Hopkins] Moved by Simpson Seconded by Richardson and Voted to dispense with the Clerk’s reading of the order. (Unanimous) Town Manager, Gordon Billington explained that this order and the companion order releases a portion of the Middle Road Extension due to a road construction process.~ Councilor Pomerleau explained that this corrects a dangerous intersection and closes a small portion the road from Kendra Lane to Route 113. A person speaking about the next order said that it was her opinion that a portion of the shoulder of the road needs to be improved.~ She explained that because of the way that it looks numerous people attempt to make ‘U’ turns or pull over at this location and in reality they are on the front lawn. Councilor Lymburner said that she would like Roger’s comments on this issue. Director of Public Works, Roger Mosley said that he would like to meet with her to see what it is she is speaking about.~ He said that he would like to see if it is in the state right-of-way. After a Public Hearing without additional Council or public discussion the above noted hearing was closed. VOTE: 7 Yeas – 0 Nays 31-06 Order Discontinuance of a Portion of a Town Way to Bertha Nason [Hopkins] Moved by Lymburner Seconded by Christy and Voted to dispense with the Clerk’s reading of the order. (Unanimous) After a Public Hearing without Council or public discussion the above noted hearing was closed. VOTE: 7 Yeas – 0 Nays ** Town of Standish Fiscal Year 2007 Budget as received by the Town Council Mr. Billington presented the 2007 municipal budget as required by the Town Charter.~ A complete of copy of the budget document is available on the Town’s web site.~ He explained assets, long term obligations, and working capital. He noted that there are no new or expanded programs in this budget.~ He said that there is now a requirement to abide by spending limitations mandated by LD 1.~ He said that we needed to determine the baseline property tax levy limit based on the 2006 tax rate.~ That number will be subject to a formula driven growth allowance for subsequent years.~ He said that the baseline was established at $1,602,585 this limit only applies to the municipal portion of the overall tax commitment.~~ He said by this calculation the tax levy limit is $1,719,825.~ He said that you arrive at that by taking last year’s baseline and apply the average real growth in personal income given to you by the state.~ You look at property splits, new housing, additions~ – any new growth is added to the tax rolls and that adds 1.2% which gives a total growth factor of 3.82 %.~ That gives an adjusted limit for growth; you then apply any new funding from the state.~ He noted that in our case we have reduced funding from the state.~ He said that low mil municipalities saw a decrease in revenue sharing.~ He said that that funding was shifted to high mil rate municipalities.~ He said that we did suffer a reduction in revenue sharing under that formula.~ He said that gives us our new 2007 tax levy limit of $1,719,825 that does come into play in this projected budget.~ The proposed budget for 2007 reflects municipal expenditures of $5,991,000 which is an increase of $72,000 over the prior year.~ The budget includes the revenues required for that level of expenditure.~ He explained that the amount of expenditures that are committed to the property tax is $1,714,000 that is within the property tax levy limit.~ He said that amount is an increase over last year of $284,000 but you can note that we had a reduction in non-property revenue of $213,000.~ He said that there is a valuation change which reflects an anticipated growth of $11,500,000.~ Also, projected is an adjustment in our valuation based on the state audit which will retain our valuation at one hundred percent. That would give us a projected mil rate of slightly over $10. He explained that the projected expenditure categories include fixed charges, debt service, community services and health, capital outlay, general government.~ He then noted the budget hearing dates and encouraged the public to attend.~ He said that the budget is turned over to the Council tonight, and then it is passed to the elected Budget Committee by May 1.~ The Budget Committee must act upon that within 14 days.~ The Budget Committee returns it with written recommendations to the Council.~ The final budget is approved by a majority of both the Budget Committee and the Council; or by five Councilors.~ The budget is presented to the voters at the Annual Town Meeting in June. ~ 32-06 Order to Accept a Public Easement over a Portion of a Rangeway Abutting Both Sides of Northeast Road Extension [Lymburner, Richardson and Simpson] Mr. Billington said that he would like to introduce the background behind this topic.~ He said that we are dealing with a Rangeway and the acceptance of that Rangeway or a portion of that Rangeway.~ He said that he would like to go through the background or some of the articles that will be available for the public to view here at the Town Hall.~ He said that first as Mrs. Chapman mentioned the meeting in 1767 of the Proprietors of Pearsontown where at that meeting they laid out Rangeways in the town.~ He noted one of the Rangeways that they laid out ran from school lot thirty-seven northeast to the southeast side of a road to a large rock, and so forth, and these are in metes and bounds, ending up 8-rods wide to Sebago Pond.~ He said that they laid out a Rangeway 8-rods wide actually from the center of the town to Sebago Pond.~~ He noted that copies of those meeting minutes are here at the town hall.~ He said that is the Rangeway that we are discussing.~ That Rangeway then appears on a map that is recorded at the Registry of Deeds and there is a copy of the map here.~ That Rangeway goes all the way to the edge of the water.~ He noted another item that we have here is an article by the County Commissioners that reduced a Northeast Road which lies within that Rangeway to a 99-foot width or a 6-rod way, also there is a copy of their recording which is registered in the Registry of Deeds.~ He went on to say that another item that he will introduce is a notice that was filed at the Registry of Deeds in 1997 by the Standish Town Council that continued their authority to accept paper streets.~ He said that this Rangeway is a paper street.~ It was identified in the paper street list and that list noted the town wanted to reserve the right to accept these streets sometime in the future and we have until 2017 to do that.~~ He said that one of the first items that they mentioned in here is one of the maps that he showed earlier, which was the layout of the Town of Standish recorded in the Registry of Deeds.~ He said that map of Rangeways was identified by the Council in 1997 as an item of importance to the town and they wanted to reserve the right to accept them at some future time.~ He explained that there are a couple of judicial actions taking place at the present time as many of you know.~~ He said that he would refer to the items, one of which is our response which now under appeal to the Maine Supreme Court.~ He went on to say another response to a subsequent filing to the Maine Supreme Count relating to this issue attempting to block the Councils action tonight to go forward and accept this proposed easement is also being reviewed.~ He said that there are some points that need to be developed, he said that under the earlier lawsuit that we were involved in, the court has already made a ruling that the challenger to our rights in the Rangeway.~ They would need to join the heirs of the Proprietors to clean-up any disputes that may exist there and whether or not the Rangeway really belongs or could belong to the Town of Standish.~ He said that it also refers to a deed given to a Mr. Woodbrey; he said that he did not have the date at his fingertips, but in that deed it reserved and accepted what lands may have heretofore laid out for roads and landings.~~ He said that deed accepted/ reserved any lands that may have been set aside for roads and landings.~ He explained that we are saying that this Rangeway was set aside for those purposes.~ He said that the deed was given to Woodbury from the Proprietors of Pearsontown recorded in 1804 at the Registry of Deeds.~ He said that all these items we feel demonstrate the Towns right and authorization to go forward under state statute and tonight accept the proposed Rangeway, not to be confused with the Northeast Road or Northeast Road Extension, but the Rangeway, the Northeast Road Rangeway from Route 35 to the waters edge to a width of 132-feet or 8-rods wide.~ He thanked them for the opportunity to introduce these items. Chair Hopkins asked Councilor Richardson if he had any items to add before it was opened up. Councilor Richardson said the Mr. Billington did a good job explaining the matter.~ He went on to explain that the Steering Committee at their last meeting voted to move forward to this public hearing to accept this Rangeway that goes down to Sebago Lake.~ He said as we all know living in Standish this is one of the few access points that we have to the lake.~ He said that there are good views of the lake and the committee thought that it was the right thing to do to call for public hearing and possibly accept this Rangeway. Bill Hardwood explained that he appeared before them this evening on behalf of Portland Water District.~ He said that he had papers to submit which he submitted for the record.~ He apologized for the volume of paper he went on to say that this matter has taken on more paper and more legal time than any of us first expected.~ He said as you know and as your Town Manager explained the lawyers and judges are trying to sort out the ownership of Northeast Road and the abutting property.~ He said that it has taken some time; the case is on appeal to the Maine Supreme Court.~ He said that hopefully over the next few months we all get educated about exactly who owns what land and what rights.~ He said that Portland Water District urges you tonight to not act on this proposal but to continue this hearing until the Court has ruled.~ He said that there is enough complexity to issue, as you’ve heard, exactly what was the state of the deeds, and the rights going back hundreds of years. He said that be in their judgment it would be unfortunate to add another level of complexity as to whether or not you are acting in your rights to widen the road at this time.~ He said that it seems to them to preserve the status quo makes the most sense until the court has ruled.~ He said that obviously there are a number of issues that are going to need to be worked out regardless of who wins or loses this case.~~ He said that at this point it makes more sense to them to leave things just as they are and wait until the court has ruled.~ He said that it is their position that in 1933 the County Commissioners in their wisdom laid out the road.~ They made it a 6-rod road.~ He said at that point it is the beginning and end of the discussion whether or not that road can ever be widen.~ He said that he didn’t think that it was as simple as just accepting the additional two rods.~ He said that he didn’t want to belabor this, this evening it’s late and there’s a lot of people here and go on with an extensive discussion.~ He said that he has given them a brief letter with several attachments so that you will have them.~~ He said that if he could answer any questions tonight he would be happy to do so.~ He urged them not to complicate this matter further by taking this step tonight.~ He said that they can always take this step some months from now once the court has clarified the rights.~ He said that he would be happy to try and answer any questions that the Council might have. Councilor Lymburner said that she had a statement that she would like to make.~ She said that you are advising us to wait until the court has made a decision.~ She said that yet the Water District chose to exclude us from using the parking lot before a final decision was made.~ She said that the Water District has already gone in and done some work on Sebago Brook before a decision is finally made.~ She asked why is it that the people who are brining us to court are going ahead and making changes before the final decision yet you don’t want us to do anything that would change the property. Bill Harwood said that is a fair question and he said that he was glad that she had asked the question.~ He asked that Jim West from the Water District be able to speak regarding those questions.~ He went on to say he thought that the position of the Portland Water District is to try to preserve the status quo.~ He said he thought that she was referring to some activity shortly after the Superior Court ruling that seemed to be inconsistent with the ruling.~ He said that we asked that that be stopped at that time.~ He said that he didn’t think that we have precluded that public from using it.~ He said that he didn’t think that it was their position that the public couldn’t use it.~ He said that their position is that they believe that they own the land; we won’t know for certain until the court has finished its review, but until the court has finished their review they think that the status quo should be preserved.~ He said that he was not familiar with the Sebago Brook maybe Mr. West could add to these comments.~ Jim West said that the Standish Brook issue was an issue that was brought forth by a resident about a culvert being plugged.~ He said that the District took steps to work on getting that culvert unplugged.~~ He said that was the result of some flooding which then backing up into people’s back yard down off of Maple Street.~ He said that they have consulted with the DEP through this whole process and in fact they will probably be spending one more day there and then be sealing it up.~ He said that the water is flowing through there now but it has not been fully repaired.~ He said that as far as the letter and the use of the parking lot.~ He said that the District after the Superior Court decision felt that the land was to be utilized like the rest of the District land - by permission from the District.~ He said that all they ask is that is if there were activities to be conducted down there that a permit be acquired.~ He said that was the extent of the letter quite frankly. Councilor Lymburner thanked him for his explanation of the brook. William Orr asked the Council to amend this order to add the property description that we are speaking about in this order – the 132 feet from Northeast Road to the high water mark. Carolyn Biegel said that she had a question as to why would we hurry on this, what is it that we would gain from it. Councilor Richardson said the court ruling, as he understands it says that we have to define right-of-way down there.~~ He said that if we go to the expense of laying out the 99-foot right-of-way and then a year from now to claim this other easement we would have to go back and re-do the work at twice the expense.~ He said that the Committee felt that they should so it just once.~ He said that they felt the Rangeway acceptance was proper thing for the Town to do.~ He said that as a lot of people know we are looking at Rangeways all over town. Gordon Billington the Town Manager said that in the letter that Mr. West referred to earlier directed us by the First of February 2006 to relocate the traveled lane back into the Rangeway.~ He noted that the traveled way it currently goes outside the Rangeway.~ He said that we were directed by them to do that, but we did not have the funds to relocate it at that time nor would it be reasonable do it before the First of February because of the winter season.~~ He explained that we have a capital improvement item in this proposed budget that was presented this evening to relocate that travel lane after the First of July this year.~ He said that we need to have the access cleared-up land and the rights clearly defined before we start forward with that process.~ He said that we have been directed by the District to relocate the travel way so we are going to have to do construction work in that area.~ He said that it is appropriate for us to clean-up what we believe are our rights in that area at this point. Paul Mosley former Planning Board Member and Rangeway Committee Member said that he was familiar with this item and thought that we could have and should have been to this point a long time ago.~ He said that the attorney mentioned that we should not widen the road.~ He said well we are not widening the road.~ We are just taking and accepting the remaining easement for the Rangeway on both sides, we are not widening the road.~ He said secondly, he said that he would like to point out to the Council and the Standish citizens that he is refereeing to a document where it was turned over to the County Commissioners to lay out the road. ~He said that he questioned why would a municipality turn over the laying out of a road to the County if it’s a town road and the municipality has the rights to lay out its own road.~~ He said that the reason it was turned over to the County was it was a county road.~ He explained that the County, says for example Route 25 out here, he said that he wanted to put it in the same context and he noted that Route 25 is an 8-rod road as well.~ He said that yet within layout of that 8-rods is a 6-rod, no a 4-road state road.~ It is a 4-rod state road that lies within 8-rod Rangeway.~ He said he would venture to say that sometime along the line the Town of Standish commissioned the County and subsequently the state to lay out that roadway.~~ He said the only thing that they would be laying out would be the actual right-of-way of travel.~ He said that he wanted to clarify that there is a difference between the travel way, the right-of-way, and the Rangeway.~ He said that each one increases in size.~ He said that the travel way could be the pavement, out there on Route 25 as it would be on 35.~ The right-of-way could be the 6-rods the County and now the state controls on Northeast Road and yet that all lies within the confines of the 8-rod Rangeway.~ He said that the only authority that the municipality gave to the County through the request to lay out that road was to lay out the roadway travel lane within the 8-rods.~ He said that the Town should have the right to claim any and all of those 8-rods as it was originally laid out. Bill Harwood said that he would like to respond briefly to Councilor Richardson’s comments.~ He said that we have heard that one of the concerns that may have been leading to this is that they want to do this work once.~ The idea that you have a responsibility to straighten out that road where it is outside the right-of-way.~ He said that the Portland Water District is not interested in making this any harder than it has to be and if putting that off would help avoid having to address the widening of the road issue until after the court has made its decision, he said that they would be willing to accept that.~ He said that he just offers that out there as help to the Council. Jay Beedle of Oak Ridge Drive said that this decision tonight is very important regarding Rangeways.~ He said they had filled the room a few months back regarding issues surrounding Rangeways in general.~ He asked how they felt that this decision tonight will affect future decisions regarding Rangeways.~ He asked then if they didn’t think that maybe that would warrant some more consideration.~ He asked if maybe they should wait to see what the court says.~ Councilor Christy said as Chairman of the Roadway Committee it is very clear in his mind that a Rangeway stretches so many rods as laid out by the Proprietors of the Town of Pearsontown back in the early 1700’s.~ He said that we have a date that we are looking at right now which is 2017 passed by the State Legislature that says we can either claim that land or return it back to the abutters.~ He said that is plain and simple as that. He said that there is no doubt in his mind whatsoever.~ He said as far as the Northeast Road, since he has been on the Council, for six years, this has been the hottest potato between the Water District and the Town of Standish.~ He said that it disturbs him somewhat that you come in here at the last minute and say can’t we work together on this.~ He said my gosh for the four year that he was on the Steering Committee we tried to work together.~ He said that he didn’t want to get into that argument, but at the last minute to try to solve the problem that has been going on for six years. Jay Beedle said that he kept thinking about the Rangeways and the date of 1767 and he heard the history of this.~ He said that when the Rangeways were laid out we were dealing with horse and buggies. ~~We were not dealing with automobiles and trucks, and boats.~ He said that has such an impact today on the life and the environment and polluting the water and all of that.~ He said that he finds that an interesting point that never seems too brought up. Councilor Simpson said as a member of the Rangeway Committee that they are looking at the Rangeways around Standish Village.~ He said that they are looking at the possibility of bypasses around the Village.~ Also, one of their directives was to look at the Rangeway between Route 25 and Sebago Lake.~ He said that they also are looking at all the Rangeways around town.~ He said that he could assure him that the Committee has no intention what so ever of taking possession of a Rangeway that’s going through a subdivision or through somebody’s house or anything else.~ He said that they are looking at those Rangeways for future development in the town or future roads in the town.~ He said that there was nothing in this order that would affect our future use or work on any Rangeway in town.~ Paul Mosley thanked them to allow him a follow-up comment.~ He said as far as Mr. Beedle speaking about when it was laid out that it was for horse and buggies, he said that he finds that interesting, why did the forefathers figure that we needed a 8-rod road when we had just horse and buggies back then.~ He said that maybe they were smarter then we are and they realized that there would be growth potential and there could be some things changing.~ He said that they laid out an 8-rod road not just a 1-rod road because they may have figured that we might get beyond the horse and buggy stage. ~He said that we should continue with our due diligence.~ He said if for nothing else to show that we own it before the Supreme Court comes to their decision.~ He said that we fee that we own it and should take the action to show it. Gordon Billington said that the only thing that the Supreme Court is considering at the present time is whether or not the people can claim by prescriptive easement lands which are controlled by quasi Municipal Corporation that is the only question before the Supreme Court, it’s a point of law.~ He said that point has never been clarified before the Supreme Court.~ He said that they are not going to rule on who owns or does not own the Northeast Road or the Northeast Rangeway. That is not an issue before the Maine Supreme Court. Councilor Lymburner questioned the use of other Range roads, said that she as a councilor would look at each and every Range road that they were thinking of accepting and make a judgment based on it’s merits. ~She said as to what Councilor Simpson had said we have no interest in taking any Rangeway that goes through a person’s neighborhood or home or property or what they consider to be their property.~~ She said that Range roads are owned by the Town.~ She said that the Range roads were never owned as a part of private property. Chair Hopkins said that she would be supporting this tonight for a couple of reasons.~ She said to narrow it all down she firmly believed that the actions of the Water District over the last twelve months has actually brought this to the forefront and it’s something that we absolutely have to do.~ She said that it is the result of that action. ~She said that the timing of why we are doing it tonight, why we are doing it now.~ She said to Mr. Christy’s point that we have tried to work through these. ~It’s not working, the injunction didn’t work and obviously the negotiations have completely broken down.~ She said that she believed that the Water District has really given us absolutely no choice in this matter.~ If we continue to allow that boat launch and that access from the Town of Standish.~ She said that is an action that we absolutely have to take tonight. Councilor Lymburner said that she would like to add something in that regard.~ She said that we have tried for months to get a meeting with the Portland Water District.~ She said that we have tried since this issue first came up to see if we could negotiate something with the Water District that would still allow Standish residents to have access down at the ramp.~ Also, to do whatever needed to be done in order to make changes down there to protect water quality.~ She said that we have tried to get them to meet with us so we could talk about this and they refuse.~ She said this is the only option that we have for the citizens of our town in order to ensure they still they sill have the ability to go down and use that section of the lake. Councilor Christy said that he hoped that the audience realizes that this is the one last piece that we have for access to Sebago Lake as a town.~ He said that we have another small piece up at Wards Cove which they guard very protectively, the town can use it and there is no room to park.~ He said that this is the last piece that we have that goes from Route 25 right down to the water. ~He said that he thinks that it’s worth the time to take a stand on it.~ He said that we have our legal right through the Rangeway as laid out by the legislature.~ He said that he for a Councilor would support this order tonight because he firmly believes that we are in the right.~ He said that we should have access to the water and we are going to protect it. After a Public Hearing without additional Council or public discussion the above noted hearing was closed. VOTE: 7 Yeas – 0 Nays COMMITTEE REPORTS Councilor Pomerleau reported that the Capital met and discussed the bid opening for the Manchester Road and that will be discussed later. Councilor Christy said that the Roadway Committee meeting had been postponed from March 22 until April 5.~ He went on to say that it is a very exciting time right now.~ He said that they are reviewing the mission that the Council gave them and they have made great progress on it.~ He said that the Committee is varied, interesting and looking forward to reporting to the Council on their recommendation. Councilor Richardson said that the Steering Committee did not meet this month. Councilor Lymburner said that the Public Health and Safety Committee met on March 9.~ She said that a new program that they are presenting is the Fatal Accident Demonstration program which is planned to be held at the high school.~ Frank Holcomb the Chair of the Committee will meet with the Sheriff’s that are on duty at the school to get the program started.~ She said that the Kiwanis Club will be holding their bike rodeo in May and the Committee will participate in that program.~ A firm date on the rodeo will be know later.~ She explained that the Deputy Paul Pettingill will be coming back from an injury and be working on the cop card program.~~ She said that they have trained Cary Brooks as a car seat inspector.~ Councilor Lymburner noted that Cary Brooks does a couple of car seat inspection a week, so that program has been very successful.~ She said that it is great to have that program available here at Town Hall.~~ She said that they will be purchasing through COG two car seats, two booster seats and two infant car seats.~ They will be available here for sale at costs.~ For those who cannot afford the fee that can be given a car seat at no fee.~~ She said the next Committee meeting will be at April 3 at 6:30. Councilor Simpson explained that the Finance Committee reports that there will be a new Finance Director appointed.~ He said that this comes at a very important time for us with the budget process.~~ He went on to say that the Community Center Study Committee has an item on the agenda tonight.~~ He said that depending on tonight’s action we will proceed from there. Chair Hopkins said that there is an introduction of the Senior Housing Ordinance. ~She said that she wanted to thank the Ordinance Committee, Planning Board, the Planner and Mr. Billington for all their hard work on the ordinance. CONSENT CALENDAR There were no consent items on the agenda. 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 on the table. 23-06 Approve Notice of Proposed Discontinuance of a Road – A Portion of Randall Road (Tabled at the 2/14/206 meeting) [Hopkins] Moved by Lymburner Seconded by Christy and Voted to remove this item from the table. (Unanimous) Moved by Lymburner Seconded by Christy and Voted to Indefinitely Postpone this item. (Unanimous) NEW BUSINESS~ ~~~~~~~~~~~~~~~ ~ 33-06 Town Council Appointment of Finance Director [Hopkins] Chair Hopkins said that they were very exited tonight to have Dana with us.~ She explained that he comes from Falmouth with a budget analysis background and is on his fourth budget process through them.~ He has a lot of experience with the budget process, working with the Council, Budget Committee, Finance Committees and he has also done a number of projects for Falmouth doing the analysis work around LD1. ~She went on to say that he is very well versed in MUNIS which is our new software package for our budget and that is a big plus.~ Councilor Lymburner said that she wanted to say how impressed she was with Dana through the interview and how pleased that she was that he will be joining us.~ VOTE: 7 Yeas – 0 Nays Dana M. Fischer was sworn to office before Mary Chapman, Town Clerk. Dana Fischer thanked them for the opportunity. Councilor Russell said that it would be appropriate to thank the town staff for the extra hours and woke that they have put in. 34-06 Award Bid for Manchester Road Project [Pomerleau] Councilor Pomerleau said that this was approved in last years Capital Budget.~ He explained that it is the bridge on Manchester Road that will be repaired.~ He said that six companies bid on the project.~ Bids ranged from $333,000 to $459.000.~ He said that it was a very competitive bid process and he said that they choose the low bidder who came to us highly recommended. Councilor Richardson asked if there was a deadline from start to finish on this project. Roger Mosley said that that it would be 120 day beginning in mid-July due to the stream mandated by DEP regulations. 35-06 Reduce Performance Guaranty – Gilbert Homes – Sunrise Street [Hopkins] Moved by Simpson Seconded by Christy and Voted to amend by adding the amount of $11,742.45 to the order. (Unanimous) VOTE ON ORDER AS AMENDED: 7 Yeas – 0 Nays 36-06 Authorize Maine Department of Transportation to Exceed the Weight Limit on Certain Roads During the Road Reconstruction Project on Route 114 [Hopkins] Gordon Billington said that DEP routinely asks towns to waive the weight restriction during road projects.~~ He said that it is highly unlikely that the contractors will use town roads especially on this section of Route 114.~~ He said that you have a copy of their request and they ask that you approve it.~ He said that this project has been on the books for four years.~ ~He said that along with this project will come a sidewalk in Sebago Lake Village. VOTE: 7 Yeas – 0 Nays 37-06 Amendment to Standish Town Code, Chapter 181, Land Use, Multiple Sections Adding Information Regarding Elderly Housing (Introduction) [Christy] Moved by Lymburner Seconded by Simpson and Voted to dispense with the Clerk’s reading of the order. (Unanimous) Councilor Christy said that this is an exciting time for Standish; he said that he felt good about this.~ He said that he is over sixty now and this make a big difference to him.~ He said that elderly housing now can be built in the Town of Standish.~ He said that there has never been an ordinance before, but we have had a Committee working on this under the leadership of the Chair for almost a year.~ He said that folks brought their recommendations to the Ordinance Committee and the Ordinance Committee sat and listened, there was good give and take.~ We found that the ordinance is in keeping with state codes and the federal government so that monies that can be gained from those entities with this ordinance.~ He said that he feels very good about this and he was very pleased to have worked with the committee.~ He said that this comes before you with the full endorsement of the Ordinance Committee.~ Moved Seconded and Voted to move this to First Reading at the April meeting of the Council.~ 38-06 Present Referendum Question to the Voters Regarding the Historic District at the June 13, 2006 Annual Municipal Election [Simpson] Councilor Simpson said that for the past few months because of the actions of the Historic Preservation Commission this has become a very hot issue around town and a very contentious one.~~ He said that he put in an order last time to repeal the ordinance figuring that in the introduction stage it would get put out to the people for a First Reading and a Public Hearing.~ He said that this is the first time since he has been involved with the Council that an ordinance was turned down in the introduction.~ He said that he did change his vote at the time so he could reconsider it tonight.~ He said that his intentions or thoughts were that it probably wouldn’t be repealed but after the public input we would find that it would be amended or put out to referendum.~ He said that during the interim period he thought that they would put in the form of an order then to vote on it a referendum question. ~He explained that it was passed by a referendum.~ He said that when it first passed it passed by a very small margin.~ He said that he thought that is was a very emotional issue.~~ Burns Cameron a member of the Historic Commission said that when it was first put through he wasn’t here.~~ He said that he had read the newspaper and read a quote that bothered him.~ He said that Mr. Simpson had said when asked if he sponsored the order because of law suit he answered that the suit was only part of the reason.~ He said that he was quoting from here “I’m opposed to it in principle, it cost us a major business in this town. Fairpoint New England wanted to put a brand new building in the Historic District which would have employed 150 people but they moved the whole thing to Portland.”~~ Burns Cameron said that they had their first meeting in January of 2003.~ ~He said that at no time did they ever force or use anything to chase Fairpoint New England out of town.~ He said that in fact they came to the Committee twice. One time they wanted to put a new roof on the building, the Tompson House.~ He said that it took the Committee about five minutes to tell them of course go right ahead.~ He said that the other time is when they went to put a little office in the old fire barn.~ He said that they came to us with a plan that showed us the windows and doors; he said that took about another five minutes.~ He said that they were very glad to assist them and complemented them on their design and told them to go right ahead with it.~ He said that they never had anything to do with chasing them out of town.~ He said that he wanted to make that clear because if you are going to vote on this he wanted them to know that it wasn’t the Historic District Commission that had anything to do with that.~ He said that’s one thing, another thing is when they first started out they spent quit a bit of time on a learning curve trying to figure out what they were supposed to do and what they can and can’t do.~ He said that they ended up finding out that they can’t do much of anything. ~He said that one of the first motions they passed said if the Town Council wanted to assess a fee for a Certificate of Appropriateness, we the Commission recommend that that fee be none or minimal.~~ He said the reason being is that they didn’t want people coming to they have to say well you are part of out historic district – guess what – if you want to do something to your house, it will only cost you a $200 application fee.~~ He said that’s not fair to the people living in the district or anybody.~ He said that if we wanted to expand our district or our historic sites in town.~ He said that they had an idea to do this in a better way.~ He said that they looked around for example; the Town of Bath has a historic overly.~ He said that they have taken their map of the town and identified the historic sites, they put a plastic sheet over the map and indicated the sites on that as part of Historic Bath.~ He said that the Commission thought that was a great idea for Standish too.~ He said that one of the things that he over heard in the Comprehensive Plan is the historic sites of the town are the soul of the town.~ He said that he thought that was true.~ He said that they had hoped to add a few more sites for historic recognition.~ He said that they wanted to get the railroad turntable down in Sebago Lake Village.~ The ferry landing site, Tom Shaw’s tomb, the rhododendron patches, and several other areas that the Commission thought were historic to Standish.~ He said that his predecessor, Bevalie Marean did go to the Ordinance Committee to see if this could be revised to add these sites.~ He said that they never heard back.~ He said that they are talking to themselves regardless of what recently happened.~ He noted that he couldn’t talk about that at this time.~ He said that basically they are talking to themselves because nothing else is happening. He said that it seems that there is no interest in this happening with the powers that be in the town.~ He said that none of you care what happens to the historic sites in the town as far as he can see, be that as it may, he would like if they were going to amend this, have a referendum on this and expand the historic sites in town rather than eliminate them.~~ He said another thing that is possibly important make it a voluntary thing on the part of people that have historic properties.~~ He said that they were also looking at properties on Route 11 between Route 113 on the river.~ He said that there are some beautiful homes in that are historic.~ He said that they shouldn’t have to be told that they are part of the historic district, they should volunteer. ~He said if they volunteer they shouldn’t’ have to pay $200 if they want to put a new roof on their house.~ They should be able to do that for $5 or $10 or whatever the cost is that the town sees that the Code Enforcement has a fee for.~ He said that the Commission does not want a fee.~ He said that the Commission didn’t want to say to an applicant that your house is beautiful and we and you to be part of our historic Standish, its reflective of a certain era of the town, its been well kept, and its only going to cost you $200 every time you want to do something to the house.~ He said what are they going to tell us—go jump off the non-existent ferry landing.~ He said that he could go on about this, but he did want to make the point beside that absurd cartoon that was in the Portland Press Herald that this particular item where it said that we put Fairpoint out of town.~ He said that they were gone before we got started.~ He said that he wanted the Council to know that before they vote. Councilor Lymburner said to Mr. Cameron that when Mrs. Marean came to the Council it was at a workshop and it was her memory that we had asked her to go back and bring to them each one of these sites with a little bit of information on each and why it should be included within the historic district.~~ She said that they also wanted a note from the owner and what their opinion was being included in the district.~ She went on to say the as far as she was concerned Historic Ordinance is a good thing.~ She said that she agreed with the statement that you made about historic buildings are the soul of our community is a great statement.~~ She said that she is for preserving historic buildings, so if you could get that information to them on any buildings or sites she would be glad to look at it. Councilor Richardson said as the Chairman of the Portland Water District Steering Committee he meets periodically with the Trustees of the Water District.~ He said that one of the discussion points with them has been the turntable down at Sebago Lake being identified as a historic site.~ He said that when the Steering Committee and the Trustee’s get back together this is an item that the can have some discussion about. Bruce Heggeman said that the intention of the Historic Commission was to enhance or maintain property value of these properties.~ He said it does absolutely nothing, in real numbers it probably takes a third to a half of the value away from it.~ He said for those people that didn’t solicit to have their properties listed and it’s a kick in the teeth to say your property is in a commercial zone but you can’t do anything commercially with it. ~He said that Larry is right it needs to be addressed. Eleanor Dudek of 24 Bonny Eagle Road said that she wanted to talk about how this Preservation Ordinance has worked in other communities.~ She said that she had addressed the Comprehensive Plan Commission about this because she is the President of the Historical Society in town and President of the Trustees of the Old Red Church and a life long member of the town.~ She said that there are two areas that come to mind, the West End of Portland and the Old Port.~ She said that for most of you are aware that back in the 1960’s you really couldn’t go into the Old Port Area.~ Especially not at night, there were old rundown warehouses and it was quite an unsavory place to be.~~ She said that people that owned the buildings had really let them get run down.~ She said that when you look at it today there are cruise ships that come into Portland, she noted that granted, the cruse ships won’t come to Standish, but this is a big draw for people. The buildings have been rehabilitated, there are shops in them and it’s just a very vibrant part of Portland.~ She said that on the West End of Portland she has had the privilege of working in the West End over a period of years.~ She said that area is the finest example of Victorian architecture in the entire Untied States. ~She said that she knows this because she is a member of Maine Preservation.~ She said that people come from all over the United States to look at these homes, they are all private homes, and the value of these homes has quadrupled in this are over the forty years since it was designated at historic district for the exterior of the home not the interior.~ She said that it can be gutted out as far as the historical preservation society is concerned in Portland.~ She said that rarely is a house in there up for sale for more than a month.~ She said that they are bought very quickly.~ She said that many of them are businesses, doctor’s offices, dentist offices, accountants, engineers, a variety of businesses, beauty salons, anything that you can think of, they are not residential, and many are commercial properties.~ She said that there is no intent or wasn’t in the inception of this Historical Preservation District to prevent people from selling their homes for commercial use.~ She said that there is a huge market out there.~ She said that she had talked with two realtors; one locally was Linda Griffin who specializes in these types of properties that can be sold and rehabbed.~ She said that the Tompson Tavern was a wonderful example of originally that was a home and now it is a business, it has an elevator in it and there is no reason that this can’t happen with other businesses in the Historic District.~ She said that the negative side of this is Union Station.~ She said that when that was torn down in the 1960’s, she noted that she was old enough to remember going to the train station with her grandmother when she was a little girl.~ She said that was a beautiful building parts of that still remain further down.~ She said that today it could be a train station full of shops or whatever.~ She said that we all can agree that that part of Portland has never recovered from the strip mall that is in there rather then Union Station.~ She said that it is the arm pit of Portland down there, it’s just horrible.~ She went on to say that Wiscasset which is called the prettiest little town in Maine.~ She said that it is the prettiest town in Maine because all the historic homes have been turned into businesses along the main street, just like they did in Freeport.~~ She said that someone mentioned to her today that on our web site the first page that you see is a picture of the Old Red Church, the Marrett House and Sebago Lake.~ She said that so this is obviously the message and picture that we are trying to sell to people going on to Standish.org.~ This is the impression that we are trying to give people.~~ We don’t want to give them the strip mall, different stores and evidently whoever choose those ~pictures felt that those three things are the visions or landmarks that you wanted projected to the towns people of Standish and elsewhere because that is the first page that you see.~~ She said that this is a time when we can vastly change how Standish looks.~ She said that she wondered as a citizen and a member of the Comprehensive Plan Committee what is the Town Councils vision for Standish Village. ~She said it they don’t have a clear vision of what they want, and then they have absolutely no business in voting to take something else or put something in, unless you give the citizens something.~ You have to say historic preservation or stores it has to be either or for a fair decision.~ She said that she urged them to think about what they want it to look like up there.~ She said that property owners can have it both ways.~ She said that they have it both ways in every other community that has a historic preservation districts.~~ Councilor Christy asked her if she was in favor of this going back to the folks for a vote. Eleanor Dudek said no but said it does need tweaking.~ She said that it’s sort of like I didn’t get the answer that I wanted form my mother so no I’m going ask my dad.~~ She said that it’s only been in effect for three years and the historic commission has never said no to anyone about anything.~ They have given a certificate of approval to everyone that had ever come before them.~ She said so the big question is just following the rules of the ordinance and tweaking it.~~ She said as part of the procedure was to notify every person in that district that they were gong to be part of that vote.~ She said that she would sit before the Supreme Court and swear that every person that she went to either thanked her for doing it or like Ann Farrar said – there are so many covenants on her house already it didn’t matter what they did to her.~~ She said that she talked to Stephen Davis at Utilities, Richard Higgins, and the man between the Tompson House and Ann Farrar’s.~ She said that all these people thanked them for doing this.~~ She said if someone had come to them and said please don’t do this, it will destroy my property values, that the committee would not have done this to them.~ She said that wouldn’t have felt good to anyone on the Committee. Bob Higgins said that he would like to respond to Eleanor.~ He said that she never said a word to him about this and he was half owner of his dad’s house and has been for the last twenty years or so.~ He said that his dad was dead set against it and he had voted against the ordinance.~ He said that he wouldn’t have thanked anyone for putting the house on it.~~ Bob said that his dad had apologized to him for getting the house involved in the Historic District which put so many restrictions on it.~ He said that his dad was well aware of the financial repercussions involved.~ He said that they have nothing against then members of the Historic Commission.~ He said that they are a good group of people there; they are conscientious and have level heads.~ He said that they had stood up and done the right thing by them.~ He said that he can foresee the day in the future when every decision becomes controversial.~ He said that at some point in time only the people that don’t want to see any changes are going to be the ones that want to serve on that Committee.~ He said that we will be in trouble.~ He said that at this point he would like to ask them to bear in mind the six pages of written arguments against this Commission. ~He said that he wouldn’t bore them with a rehash of those argument but at the very least something needs to be done to address the fact that in their case the equity of their property has been reduced by~ 50 % to 70 % ~by the restrictions within it.~ He said that he Commission partially resolved that problem there but law suits have bee filed, he said that they are in danger of loosening their purchaser again and are right back to square one.~ He said that it seems to be on going with no end.~ He said that he didn’t think that anyone should have to go what they are going through just to sell their property for a fair price.~ He said no one should have to go what they are going through. Isabel Higgins said that a friend of hers that is involved in community planning said it best.~ ~She said that her friend said that historic districts are romantic ideals but they often do not serve the needs of the entire community.~ Mrs. Higgins said what have we gained or lost with the district.~ She said that is a debatable question in many peoples minds that we lost the phone company because of that or partly because of that.~ She said that we have scared off business developers that are not willing to deal with the severe restrictions.~ She said that we have created a section of town that people drive through on their way to and from work with little reason to stop and do business and very little to admire.~ She said that Steve Meyers editorial cartoon as unflattering as it was was an accurate depiction of how this has affected our family.~ She said that she didn’t know Mr. Meyers personally but she was grateful for his ability to accurately depict the personal fallout associated with these types of districts and ordinances.~ She said that Steve Meyers gets it.~ She said at a previous meeting an analogy was made between President Bush’s narrow margin of victory and the narrow margin of victory that allowed this ordinance to be put into practice.~ She said that she believed that Mrs. Dudek’s words were it may have been passed by only a small margin but George Bush won and he is still president.~ Mrs. Higgins said that she would like to expand on that and ask you to realize the negative fallout of both of these votes.~ She said that our country and our town has been brought into increasingly contentious situations with loss for respect for leadership.~ She said that while we cannot solve the worlds problems here tonight she said that she thought that considering voting the dissolution of this district and bring it back to a public vote would be a big step in the right direction.~ Carolyn Biegel of Ossipee Trail said that she heard a couple of things that merit more attention.~ She said that the first on is the comment about it being a commercial zone.~ She said that it is not a commercial zone it’s a village zone.~ She said that she attended the December Commission meeting just because she was interested in learning more about what is happening.~ ~She said at that meeting there was the real estate agent and the potential developer.~ She said that part of the plan the she heard that concerned her is not only are we moving the house back but in it’s place will be a 12,000 square foot retail space.~ She said that she is looking at the zone thinking that it is zoned for 2,000 square foot retail space.~ She said that she is caught because there is a home owner trying to capitalize on their property—she said that we all do.~ She said that part of her frustration is that we’re looking for our town leaders to offer us some leadership and vision and that is not happening.~ She said that consequently we have Colonial Market Place moving in and moving a house and a barn.~ She said that we have Dunkin Donuts moving in and taking away a beautiful antique home.~ She noted that we have the real estate place moving in its new construction and nothing great to look at with very minimal landscaping.~ She said that again we have lost more character.~ She said that now we have Pit Stop taking place where Manley Smith used to be and she didn’t know anybody that’s happy about what they are seeing visually there.~~ She said as people drive through they are seeing some of these beautiful places changing into what she saw on the Channel 3-she said that we are changing into a junkscape. ~She said that it is worse than sprawl it’s getting ugly. ~~She said to Mr. Simpson if he would explain his vision for the Village Councilor Simpson said that they would hear it when they got to the Council discussion Carolyn Biegel asked if the public would get to react to that. Chair Hopkins said if there is time they may open it up to the public.~ She explained that when there are orders it is opened up to public discussion and then to the Council for discussion. Carolyn Biegel said that her husband is involved with the Comprehensive Plan and they are putting forth a request to have a village study conducted for a master plan.~ She said that she was wondering was if part of the hesitation to putting it out to the voters right now is that we are still waiting for this master plan to see what the vision is before we get rid of another house. ~~She said that picket fence, the Old Red Church replication, the war memorial are all things that are aesthetically pleasing to our town.~ She said that she contacted the people in Windham and asked how did that growth take place.~ She was told it was because they didn’t have a plan and there was no zoning.~ They said that it happened one project at a time.~ They said that it started slowly and then mushroomed.~ She said that she felt that we were at the point right now that it will start to mushroom because key places are in jeopardy.~~ Does that help Mr. Higgins?~ She said that what she also heard at the December meeting that Mary McNeil had a lot of ideas on how to market that property.~ She went on to say that she didn’t know if those were ever relayed back to Mr. Higgins.~ She said that there are lots of things that can happen.~ She said that she read in the paper where the Libra Foundation is helping the Town of Norway develop their downtown to save the structures.~ She asked if we are looking into those types of things.~ She said that there are all types of grants out there.~ She asked if any of our leaders are seeking any grants to help with our development in our villages.~ She said that before we say to Mr. Higgins tough luck to you.~ Part of role of the Commission in the District is to help him realize the value of his property and to make it economically viable for Standish, in the long run to making it a beautiful place to be.~ She said that she wondered what if the Seavey’s mall could be relocated somewhere and take the other property right there and make it into a beautiful green space.~ She said what an attractive village center that would be.~ She said that people have told her that they want to see sidewalks and lighting, some kind of village green and instead we are having all the trees cut down.~ She said that she thinks that we need to have a vision and go with that. George McNeil said that probably folks know how he feels about this.~ He said that he didn’t think that he could state his case any better than Mrs. Biegel, Mrs. Dudek and Mr. Cameron because they were quite eloquent. He said that he would address the narrow question of process because this is going to boil down to that.~ He said that the problem seems to be that there are different notions of where is the soul of Standish.~ He said that he couldn’t agree more with Mrs. Higgins that it will be impossible to please everyone.~ He said that he thought that there are good people and honest people that truly disagree where we should be going as far as historic districts or commercial development.~ He said that one approach to solving that dilemma is to let the democratic process work.~~ He said that he was concerned that either pulling the plug on the historic district which is also on the agenda tonight following this item or resubmitting it to referendum really doesn’t do justice to the democratic process.~ He said that this was enacted at the will of the people not much more than three years ago at referendum.~ He said that as others have said the Commission has really had a chance to work.~ He said that he would like to think that even this contentious issue around the Higgins’ property could be resolved through the democratic process.~ Through letting the Historic Preservation Commission do its work as the ordinance charges it with doing.~~ He said that he would like to request of the Council that they let the process to work and not undermine the democratic process and the will of the people.~ Councilor Simpson asked Dr. McNeil about the democratic process, he said that you had mentioned that at least twice.~ He made a comment the last time that he had nothing against the Commission, it’s the ordinance.~ He said that they made a decision that you say is the right job.~ He asked why then did you and the Dudek’s file a law suit against the town.~ He asked what’s the democratic process there. Mr. McNeil said that that the democratic process was subverted.~ He said that he felt that the wording of the ordinance was not followed by the Commission and that is the sum and substance law suit.~ He said that it has nothing to do with the decision.~ He said that it has everything to do of the democratic process was fouled in the fact that there was not a public hearing. Wendy Price, a team leader for historic preservation for Historic New England which is based in Waltham, Massachusetts spoke to the Council. ~She said that she would like to speak on behalf of the oldest and largest regional preservation organization in the country.~ She said that are the owners of six important Maine sites including the Marrett House in Standish.~ She said as the owner of the largest parcel of land located in the local historic district, Historic New England is greatly concerned with the present efforts to repeal this vital preservation tool.~ She said that preservation is most effective at the local level when citizens step forward to save threatened historic buildings they are working to protect the tangible reminders of their past and sense of place.~ She said that the officials of Standish are the stewards of a small historic district. ~Which was put into place by the will of the citizens. ~She said that this district is the only proven method to ensure the survival of these buildings for further generations.~~ She said that although Marrett House is an important component of Standish history it is not the only one and it cannot effectively represent Standish any more than a chapter can fully represent an entire book.~ She said that the current controversy involving the Dennett House has brought forth much discussion about property rights.~ She said that Donovan Rypkema a nationally known economic development consultant recently made the following statement regarding the relationship between property rights to historic preservation.~ She said that he claims any claims for rights that are not balanced with responsibilities removes the civility from civilization and gives us an entitlement mentality as a nation of mere consumers rather than a nation of citizens.~ The consumer has rights; a citizen has responsibilities that accompany those rights. ~Historic preservation is a responsibility movement rather than a rights movement.~ She went on to say that the citizens of Standish clearly take their responsibility seriously.~ She said that the local historic district represents that responsibility and any effort to take away that district or its ability to be administered effectively jeopardizes the very essence of Standish and its legacy. Bob Higgins said that is all well and fine but historic preservation costs money.~ He said that our ordinance has no funding mechanism built into it and for that reason perhaps Burns had the right idea it has to be voluntary.~ Mr. Higgins said those of us that would be hurt financially by it could opt out and those who might benefit could opt in. Richard Rudolph explained that he is a member of the Comprehensive Plan Committees and would like to take the time to urge the Council to think long and hard about this issue.~ He said that we have a vote that was taken three to three and a half years ago by the citizens of this town and at that point they voted by a margin of people who voted in favor of a historic district.~ He said as a member of the Comprehensive Plan Committee they have been looking at this issue for some time.~ He said that one of the things that they have been suggesting is that we might want to add to the historic district.~ He said by perhaps adding additional buildings throughout the town.~ He said that it seems premature for the Town Council tonight to vote on this question before them.~ He said at the very least they should wait and see what the Comprehensive Plan Committee comes up with for a recommendation and as was mentioned earlier we are calling for design committees who would look at this issue as well.~ He said what we are really talking about is the heart and soul of the town.~ He said that Larry Simpson had kind of cavalierly mentioned–well the referendum was passed as an emotional issue.~ Mr. Rudolph said that it was an emotional issue.~ He said that there were a lot of them that were concerned with the direction of this community.~~ He said that he was a trained historian so bear with him for a moment.~ He said that what he thought had happened over the last half dozen years, the town itself talked about tearing down the fire barn, they talked about tearing down what is no an antique shop to put up a municipal parking lot and build a large town hall.~ He said that didn’t come to pass because people in this town rose up and said – no.  He said at the same time we had Dunkin Donuts arriving on the scene tearing down an 18th century farmhouse and moving it to who knows where.~ He said that it seems to him that we have to treasure these things and to be cavalier about this and say it’s just emotional people.~ He said that its much more than that, he said that it’s really the heart and soul of the community.~ He said that if you take that away what is left, whether this is taking property rights away from people you can ask the same question about any ordinance.~ Whether it’s residential zoning or rural residential or village, in each case what we are doing here is that the people are making a collective decision as to what is the community good versus individual rights.~ ~He said that is it good for the community to preserve and protect these six historic buildings and to add to it in the future.~~ He said that he hoped that the Council members would vote this proposal down. Carolyn Biegel said that the friend of hers that lived in the house that was relocated to a very appropriate setting. Had tried to market that home as home for quite a long time and was not successful in doing so.~ She said that she understands that is why it ended up being sold and replaced with the commercial building.~~ She said that she was not a fan of that at the time and can fully understand what that family went through having that house on the market and trying to relocate to another town and commuting back and forth and waiting for that to sell as a residential building.~ She said another thing that has come up and been in the back of her mind is the shopping center which is in this zone and it is a village center zone.~ She said that the 2,000 square foot limit is what you stated, with and having had said yes to Hannaford which is thirty six times the square foot limit makes it difficult to say no to much of anything else.~~~ She said that the precedent was set. Richard Brown of Route 35 said that he didn’t know how many of them remember where the Sylvania Plant is, there was the Greenleaf Home there which was relocated to another location in Standish.~ He said that the same thing could be done with the Higgins property if it was done right.~ He said that if the citizens of Standish are so high on historic preservation they better reach in their pockets.~ A gentleman~said that you talk about community good.~ He questioned if the community might be better served by keeping the old buildings where it is and having another knickknack shop, or move it down the street and let somebody do something with it and put some kind of business in its locations.~ He said that he wanted to be able to buy gas in Standish and is looking forward to the new Pit Stop. George McNeil said that this isn’t really about him or them or the citizens of Standish. He said that it is about the children of the citizens and the grandchildren and what we leave behind.~ He said that he was expecting to come here with his son and his son had said that what we are endanger of leaving behind is a suburban slum.~ He said please don’t do that. Jay Beedle said that he liked analogies.~ He explained that when he moved to town ten years ago he wrote a check to the telephone company, called Standish Telephone.~ He said now he writes a check to something called Fairpoint New England and he sends his check to North Carolina.~ He said but he still has a Standish telephone number, interesting. Peter Biegel Route 25 said that he has lived on Route 25 most of his life.~ He said what it was forty years ago and what it is today; he said that it has always been a mix of business and residential.~ He said that he can understand where everyone that has spoken tonight is coming from.~ He said that they have enjoyed where they live and would like to continue to live there.~ He said that there is a way to have business and residential in the village district.~ He said that he is hoping that will come to pass.~ He said that he didn’t know too many villages that don’t have some sort of historic buildings or some sort of anchor there to help dictate what happens or gives that area the feel of what it is.~ He said that he didn’t know if this was right but it seemed to him too bad to throw out what we have and have nothing versus taking a look at what we have and trying to see how we could make it better. He said that it would be good to see something in place before we toss it all out. Eleanor Dudek said that everything that she has been hearing is an all or nothing philosophy.~ She said that wasn’t the point that she was making because she really beloved that Bob Higgins working with the correct people, people that specialize in those types of building sales can sell that and make the money that he needs and wants to make.~ She said that all she is hearing is sell it commercially with the building being removed which would be a total loss.~ She said that it has been proven in other communities that it can be a win-win for everyone.~ Bob Higgins said that he would be happy to sell it to Eleanor and let her look around for these people who can do equally well financially.~ Carolyn Biegel said that instead of looking at an either/or she said let’s considered other options and have a brain storming session.~ She said that if the town feels that that is a really valuable piece of real estate maybe an option to go to the voters should be should the voters purchase it as an investment for Standish.~ She said that instead of assuming what the voters might or might not do there are other options maybe-- if this is really important to the residents in town then maybe we do need to add some of these properties to the capital improvements plan.~ She said that it really doesn’t have to be one thing or the other.~ She said that there must be lots of different ideas that we need to discuss.~ Moved by Christy Seconded by Lymburner and Voted to take a five minute recess. (Unanimous) Moved by Christy Second by Lymburner and Voted to arise from recess. (Unanimous) Councilor Christy asked what the actual vote was that took place with preservation, so everybody knows. Chair Hopkins announced the vote for the ordinance enactment. Councilor Christy said that he wanted the vote of the Commission on the request from the Higgins’. Mr. Billington said that it was unanimous. Councilor Christy said that the vote allowed them to move the house down the street, remove the trailer and barn. ~ Mr. Billington said that the Certificate was just to move the house.~~ He asked Burns Cameron to explain the wording on the Certificate. Burns Cameron said that it did not address the barn but they hoped that it would be included. Mr. Billington said so to answer the question the Certificate only addressed the house.~~ The discussion in December they talked about the house but the developer offered to relocate the barn too.~ Burns Cameron explained that three members were there and it was a unanimous vote. Councilor Pomerleau said that any changes that the Commission wants to make to the District has to come to the Council.~ He said that the Council will make any changes to the ordinance.~ He said that people have been nervous that it could be a run away train but only the Council can change the ordinance.~ He said that the Committee has worked really hard and they hit a bump in the road.~ He said that there hasn’t been a Committee in town that hasn’t steered off track.~ He said that he serves on the Appointments Committee and there has always been numerous applicants that apply when there are opening on this Committee.~ He said that he will not support abolishing this at this time.~ He said that the Council has been taking baby steps for the last several months because of the Comprehensive Plan.~ He said that every time we talk about changing something, we talked about what the Comprehensive Plan is doing.~ He said that he thought that this is a knee jerk reaction.~ He said that he understood from the Higgins’ that the Commission worked with them and everybody was happy and then a law suit shows up.~ He said that the law suit was brought against the Town. Chair Hopkins said that they could not talk about the law suit. Councilor Pomerleau said that we are here tonight not because of something that the Historic Commission did.~ He said that it is here fro another reason.~ He said that everybody left the meeting thinking that it was going to work.~ He said that the Commission did what they were charged to do.~~He said that the Council is the driver for any change in the historic district ordinance. Councilor Lymburner said that she would not support this at this time.~ She said she would consider it if there was a petition brought by the voters circulated by the persons in the town saying that they want to overturn the referendum.~ She said that’s the way that it was brought to us in the first place and if it’s going to be overturned that is the same way that it should happen.~ She said that she thought that we are not looking at what the order is and what we are voting on here.~ She said that this has ended up being a debate over one piece of property.~~ She said that it’s not really a debate over should we or should we not have a historic district or a historic commission.~~ She said that she thought that is what they have to decide.~~ She said that having a Historic Commission is a good thing.~~ She said that there may be some problems with the ordinance and she suggest last month maybe we need to bring members of the Commission with members of the Ordinance Committee and Council, people that live in the homes in the area and sit down and look at the ordinance to see if there are improvements that can be made.  She said that it could be that it may need amendments and she would be in favor of looking at that.~ She said that someone had said that someday that when the membership changes on this Commission that there may be a day when it caused trouble.~ She said if there comes that day then we can address removing it at that time, but she wouldn’t support it now.~ Councilor Simpson said that he would disagree that this a debate over one piece of property.~ He said that Mr. Cameron quoted him right.~ He said that he was opposed to this at the time and he said that he felt as though it was an emotional issue people really didn’t know the whole story and what they were voting on.~ He said that he was very involved at that time with Fairpoint New England and it was true that we were looking at putting the new town hall were the old one was and do something with the garage.~ He said that did not work and they came to us and had $10,000 on the table that they walked away from.~ He said that this drove them out of town in addition to their own financial problems.  Although they were telling us that they wanted~to put 115 people into that building and move all their operation into town.~ He went on to say that the referendum question was simply that ‘Shall the Town enact an ordinance titled the Historic Preservation Ordinance including designation of the first historic district as petitioned by the required number of voters under the town charter to amend the town Land Use Code?”~~ He said that he didn’t think that people realized that they were voting on an eight page document.~ He said that this eight page document creates an awful lot of power in that Commission.~ He has said that the Commission in its present form he has no problem with, but down the road if you put the right people on that Commission you won’t know what they are going to do because they have a lot of power.~ He said he heard it mentioned tonight and at the Comprehensive Plan public hearing that we ought to be looking at additional building is town.~ He said that he would read part of an email that circulated around Town; he said that in part it said …that the Council has gone out of its way to ignore, undermine and not support the preservation committee.~ If the Council had not ignored the Committee’s request to have part of the remnants of the Sebago Lake Station placed in a historic district Standish residents might have had some leverage with the Portland Water District.~ Instead the Council quote “lost” the paperwork the preservation committee submitted to them. ~Councilor Simpson said that he didn’t know that our Town Clerk had ever lost anything.~ He said that he heard the Councilor Lymburner motioned that we asked the Bevalie Marean to come to us and give us a report.~ Bevalie Marean told us there were some things that they were considering but that is all we have ever heard.~ He said that we have never heard another thing and never received paperwork she did said that they wanted to tie into a state group and we reminded her that they could not do it unless that came to the Council.  He said that he looks at this District like he looks at spot zoning.~ He said that if it were Portland in the Old Port or at the West End were you have an entire block made up of those type of properties he could understand it and if we had a block like that here.~ He said that we are picking up a property here and a property there.~ He said that we just heard it said that we need to look at additional buildings in town for the future and that maybe we should designate certain buildings.~ He said that is picking out a property here and there.~ He said that this document talks about the purpose on bring to strengthen the economy of the Town.~ He said that it doesn’t necessarily do that.~ He said that it is unfortunate that that district on Route 25 is called the village district because that is a misnomer if there ever was one.~ He said that it should be a semi-commercial district because there is nothing in the ordinance or our zoning that really refers to that as a village.~ He went on to say that under definitions ‘alterations’~ a change in the external architecture or features of any structure which is more than fifty years old and located within a historic distinct or a change in the landscape features of any such district.~ He said that this is what’s in here.~ He said some more definitions “hardship” the property cannot reasonable be maintained in the manner dictated by the ordinance.~ There are no other reasonable means of saving the property from deterioration or collapse.~ The property owned by a non-profit organization and it’s not feasible financially or physically to achieve the charitable purposes of the organization while maintaining the property appropriately.~ He went on to say that a simple majority of the commission shall constitute a quorum, so three could be present and something could pass or loose 2 to 1.~~He said that it was unanimous on this one that we are talking about.~ He went on to read that the powers of the commission are that they may conduct studies for the identification and designation of historic districts and sites. The commission may make a recommendation to the state historic preservation office for the listing of a historic district or site in the nation registrar of historic places.~ He read properties acquired by purchased, bequest or donation, fee in lesser interest in historic properties adjacent to or associated with historic properties.~ He said that the Certificate of Appropriations is required before a building permit can be issued for demolition, new construction, exterior alteration, modification or addition to a structure within a historic district.  He said that gives them more power than the Planning Board.~ He said that the Certificate of Appropriateness is required before site plan is approved.~ He said that if they don’t get the Certificate of Appropriateness they won’t get anything before the site plan.~ He read that the Town Council shall establish reasonable fees and he said that they have done that on just about every type of application that we have in town.  He said that we try to keep those as reasonable as possible and to meet what are costs are to implement whatever the application is for.~~ He said that Part 5 says nothing in this shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature or~structures when that repair does not involve a change in design, material, color or other outer appearance of the structure.~ He said that an exemption would be if the property cannot be reasonably maintained in the manner dictated by the ordinance.~ The owner would have to submit documents that he cannot comply with the design guidelines and get a reasonable rate on his investment in the property.~ He said that this information went on but this is the one asks for the past two years annual gross income for the property with operating and maintenance expenses and deprecation and annual cash flow before and after debt service during that time.~ He said that is really getting into someone’s personal life in pretty good shape.~ He said that it talks about demolition design guidelines; he said that’s just part of what is in an eight page document.~ He said that’s what bothers him, he takes a look at the Historic Society, Eleanor Dudek said that she is the was the president of it.~ He said that the Historical Society put together pictures of the historical places in Standish back in 1985.~ He said that is what we should look at for in historic buildings.  He said that he didn’t think that we want to reach into peoples pockets an tell them what colors they can put on their house or what they can put for siding, landscaping, and that’s exactly what is in that documents that you have before you right now does.~ He said that this passed by 110 votes back in November 2002.~ He said that all the people didn’t understand it.~~ He said that is why he would like to see it go back out to referendum and have the people decide if they want to keep it or not and how much power they want the Commission to have.~ He said if they want to keep it he would be the first one to work towards amending it because it needs a lot of amendments. Councilor Russell said that he didn’t disagree in part with Councilor Simpson after reading though this portion of the Code it does need a little tweaking or guidance.~ He went on to say that historic preservation is very important and if we step back one page we wouldn’t be dealing with the 8-rod road issue down on 35.~ He said that it is a tough place to be, you run into—I brought this property I should have total control of it, versus in fifty years none of us are going to be here.~ He said that he thought that it was the Doctor that mentioned that our children, grand children, we want to preserve some of this stuff because history is very important to us and to some degree it is the soul of the town.~ He said that he is a firm believer in the will of the people.~ He said that he thought that people should have the right to say whether or not this is going to continue or it will be abolished or this is going to be tweaked or revised.~ He said that being said it should be the people that bring the referendum.~ Councilor Richardson said when he first read the Historical Ordinance back in 2002, he noted that he was not on the Council at that time, but he thought that it took away peoples property rights.~ He said that he was a little surprised when it passed.~ He said that although it is pretty easy to vote to take somebody’s property when you don’t have any money on the table.~~ He said that he thought that if the ordinance was going to take somebody’s property you ought to have some sort of a funding mechanism to help people maintain these buildings.~ He said that he saw that as a problem.~ He said that he would agree with the last Councilor that just spoke that the people did pass this, he said that it really did need to be fixed, but he really could not vote in good conscious to put it back to referendum without a petition coming forward from the people.~ He said that he felt that was the proper way it should be handled.~ He said that he did feel that there were a lot of problems with the ordinance that need to be corrected. Councilor Christy said that when the ordinance was passed it was a boiler plate ordinance.~ He said that he could remember the Council trying to understand some of the things that Larry talked about tonight and the others trying to understand what this means to individuals as well as the Town.~ He said having taught history for forty years you know where he was coming from.~ He is an historian and loves history and believes that the history of the future is the history of the past.~ He said that you learn from what went on.~ He said that the cars of today are a lot smaller than the wagons that used to go down the Rangeways.~ He said that those are things that are important to him.~ He said that it was a boiler plate ordinance and the discussion at that time was that we would work on this as a guideline as we moved on.~ He said that this is the first time in three years that we have run into a problem.~ He said the process question, is what the legal matter is all about; it has noting to do with the Preservation Committee.~ He said that individual property rights were very important to him.~ He said that he understood exactly where the Higgins’ family is coming from in their appeal as far as that house is concerned.~ He said that he had no problem with them moving that house down the street like was mentioned earlier.~ He said that if he was on the Committee he would had pushed for the barn to be put down there too but that’s beside the point.~He said that you still have the building that he can admire.~ He said that frankly we go through town quickly and don’t spend too much time looking, except when there’s a fire and a hole in the roof and we look a little more than we used to.~ He said that individual choices, he said that he liked the idea of locations rather than a historical district.~ He said that he though that~historical district confines.~ He said that in Portland he saw Union Station come down, he loves to go to Longfellow’s Home on Congress Street which used to be a blighted area but now it is rejuvenated.~ He said that there could be all kinds of locations around the town and that is what the vision statement of the Comprehensive Plan is saying.~ The statement said that we are three separate villages within town and that are unique.~ He said that back in 1948 there were four gas station in Steep Falls and only one~in Standish.~~He said that times change.~ He said that there is a lot of personal angst and he felt sorry for the persons involved with that. He said that he didn’t want to throw out the ordinance.~ He went on to say that it needs a lot of work.  He said that he would blame the Council and himself that he didn’t dig into it the way should he have when it first came before them.~ They had a lot of questions and there was pressure to get the ordinance into place.~ He said for now the best thing to do is to have a document that saves history in town.~ He said that he doesn’t like this ordinance because it was a boiler plate that every other town uses and it is not unique to fit in our vision for the future.  He said that the Council though the various ordinances that they are working on are on the same path, we are concerned with curb cuts and making sure that it doesn’t become a strip area and trying to save as much as we possibility can.~ He said that is why some of the Committees under the Chairman’s guidance are not pushing too fast because we want to find out what the Comprehensive Plan is coming out with recommendations.~ He s