Town of Standish, ME - Town Council Meeting Minutes 05/09/2006

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

TOWN COUNCIL MEETING

TUESDAY, MAY 9, 2006 – MUNICIPAL CENTER 7:00 PM

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

The roll was called by the Clerk. All Councilor were present except Councilors Lymburner and Pomerleau who were excused

MINUTES OF PREVIOUS MEETING (S)

The minutes of the April 11^th and 25^th 2006meetings were accepted as presented by unanimous consent.

PETITIONS AND COMMUNICATIONS

The Clerk noted that a petition named Steep Falls Traffic Safety Plan Petition was received.

Chair Hopkins said that the Council all received a copy of the petition and asked that the Clerk read the petition.

Chair Hopkins said that there are a number of issues that are raised in this petition. She said that she would like to see this moved to the Public Safety Committee because of the issues this petition raises fits into the mission of that committee.

Moved by Richardson Seconded by Russell and Voted to move this petition on to the Public Safety Committee. (Unanimous)

Moved by Richardson Seconded by Christy and Voted to move order number 73-06 to this part of the agenda. (Unanimous)

Chair Hopkins noted that there were a number of EMS/Public Safety and Fire Department Staff here but needed to return to a training session that they are attending.

73-06 Resolution to Designate the Week of May 14-20 as Emergency Medical Services Week [Hopkins]

Chief Jordan said that he wanted to thank them for taking it out of order. He said that it was very appropriate to recognize the personnel of Standish Fire/EMS. He noted that they put in many hours per week. He said that if you look at the individuals that are here tonight, they are here at a class this evening and worked a live fire burns today and this is all at no pay. He went on to explain that the personnel respond to over 12,000 calls per year. He said that in the time that he has been here they have never had to use emergency services from another town when our ambulance was in town. He said that he thought that it is was appropriate to recognize these people. He said that the respect that he has for them is beyond what they could talk about this evening. He said that on Wednesday the 17^th the community will be recognized by the Governor by receiving the Gold Recognition Award for being a Heartsafe community. He said that there are very few communities that can meet the strict criteria to obtain this award. He then noted the ten criteria to meet to get the award. He explained that the town will be issued signs to be erected at the borders notifying people that we are a Heartsafe community.

Chair Hopkins asked what was the percentage of volunteer’s versus full time personnel.

Chief Jordan said that it is 98% volunteer. He said that the community should be very proud of these individuals.

Councilor Simpson noted that in the last month we have received two beautiful letters addressed to the Chief. He said that he would like to see that those are read at the next meeting.

Chair Hopkins said that she wanted to thank them all for the time and commitment that they put into this.

VOTE: 5 Yeas – 0 Nays

REPORT OF THE TOWN MANAGER

Managers update included the following:

Mr. Billington said that he would like to address the petition that came in this evening on behalf of Council Lymburner. He explained Councilor Lymburner has talked to the Public Safety Committee members prior to this about possible remedies for the traffic problem. He said that one remedy might be to acquire a radar activated sign to alert people that are driving over the speed limit. He said that Councilor Lymburner wants a letter sent to the Maine Department of Transportation asking for assistance from them in many areas. That letter may be brought forward at the next Council meeting for your consideration. It may include only allowing one truck at a time over the bridge.

Ø Fire/EMS has taken delivery of the new firefighter gear which we got from a federal grant. We also received the animated Sparky training device. On May 17^th the Town will be presented with a Gold Award for being a Heart Safe Community in the Hall of Flags at the Capital Building inn Augusta. The event will be in the afternoon from 1 to 4 PM.

Ø We are seeking help for the Harbormaster function this summer. Interested individuals should check with the Fire Chief, Martin Jordan.

Ø Comment period for public input to the draft Comprehensive Plan update is now over. The Comprehensive Plan Committee will release their modifications to the plan based upon the public comments at a televised meeting on the 18^th – 6:00 PM.

Ø Financial software migration: 3^rd payroll completed using new Munis system. We have recently transitioned our Motor Vehicle processing from the earlier Northern Data Systems software to an interim Gemini product. The state has certified us to use the new software. The system is a little more cumbersome than NDS and does take us longer to cash-out at the end of each day.

Ø Summer road work: Moody Road should receive the finish coat of paving for the improved section and the first mile of Manchester Road from the 113 end should be ground for reconstruction by the end of June.

Ø Public Works has been constructing the ½ mile walking trail here on this property. The trail will be dedicated in honor of Councilor Spencer on June 8^th at 4:30 PM.

Ø Recreation: Second annual fun run down the Mountain Division Trail will be held on June 3, 2006 – it will be 5K +1,000 ft -- to coincide with the grand opening of Shaw Park at the other end.

The annual Family Festival is scheduled for August 5 this year. The parade will be held in the

reverse direction this year starting here and ending at the Old Red Church. The festivities begin at

Standish Memorial Park followed by fireworks at the Kiwanis beach.

67-06 Application Submitted by Patricia A. Giguere and Gerard P. Giguere for Renewal of a Bottle Club License at Wildwood function Center located at 945 Pequawket Trail [Hopkins]

The Clerk noted the Fire/Health Department had not done the inspection; however, the current license didn’t expire until the end of June.

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

Councilor Russell asked if they had made an appointment to meet with the applicant.

The Clerk said that she was not sure.

VOTE: 5 Yeas - 0 Nays

37-06 Amendment to Standish Town Code, Chapter 181, Land Use, Multiple Sections Adding Information Regarding Elderly Housing [Christy]

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

Councilor Christy said that this is a first, it comes highly recommended, unanimously in fact by the Ordinance Committee for adoption.

After a public hearing without additional Council or public discussion the above noted ordinance was approved and the hearing was closed.

VOTE: 5 Yeas - 0 Nays

Referendum questions to be presented to voters on

June 13, 2006 at the Annual Municipal Election

Question 1. To vote by secret ballot on the following:

To see if the Town will vote to acquire for $325,000 a certain parcel of land and the buildings thereon on town tax map 14 lot 9 and located at 270 Northeast Road measuring approximately 8.0 acres in size and currently owned by James Cummings to serve as the future site for a Community Center.

Explanation: The purchase price is to be funded from the Town’s dedicated reserve accounts for Community Center and for Conservation/Recreation in the combined amounts of $305,000, plus the earnest money on deposit of $20,000.

After a public hearing without additional Council or public discussion on the above noted referendum question hearing was closed.

Question 2. To vote by secret ballot on the following

To see if the Town will vote to approve a capital expenditure by the Municipal Officers of a sum of money not to exceed $609,300 be approved to purchase the following items:

Pavement Maintenance

Northeast Road Extension Realignment

Pave Brush Storage Area

White Bridge/Route 35 Intersection

with pavement maintenance and road rehabilitation projects planned for the following town ways: Corey Lane, Dolloff Road, Liza Lane, Middle Jam Road, Spear Road, Sunrise Street, Twin Springs Drive and other priority ways as available, said expenses to be funded through use of $140,635 reserve funds and the issuance of general obligation bonds or notes in the amount of $468,665 hereby authorized with the dates, maturities, denominations, interest rates(s) and other details of such borrowing to be determined by the Municipal Officers.

After a public hearing without additional Council or public discussion on the above noted referendum question hearing was closed.

COMMITTEE REPORTS

Councilor Simpson

Ø Recycling Committee met and noted that they are disappointed with the recycling efforts. He said that one of the things that you will see in the next year is RWS going from the double stream to a single stream. At that time we may look at a compactor to help save us money.

Ø The Community Center Study Committee will be sending out a mailing this week explaining the center and the land.

Ø The Finance Committee met and notes that the Town is in good shape. He noted that excise tax did drop a little bit. He said that two or three accounts may by over due to fuels and lubricants.

Councilor Russell

Ø Capital Improvements met and reviewed the tabled snowplowing contracts.

CONSENT CALENDAR

There were no consent 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 on the table.

54-06 Amendment to Standish Town Code, Chapter 181, Part 1, Zoning, Article IX, Board of Appeals (First Reading [Christy]

Councilor Christy said that this brings us in conformance with the Maine statutes.

This item will be presented at public hearing in June.

VOTE: 5 Yeas – 0 Nays

Moved by Richardson Seconded by Christy to take orders 58-06, 59-06 and 60-06 off the table. (Unanimous)

58-06 Authorize Snow Plowing Contract – Route 1 (Tabled at the April 11 meeting) [Pomerleau]

Councilor Russell explained when the bids came in there was a 7% percent each year in the amount bids. The fuel cap was in addition to the 7% and was asked to reconsider that amount. They agreed to 3.5% increase on the fuel cap.

Moved by Russell Seconded by Christy and Voted amend the order as follows:

ORDERED that the bid submitted by Clyde Foster and Son’s, for plowing Route 1, in the amount of

$53,146 for the first year with a fuel price cap of $3.25/gal, $ 57,132 for the second year with a fuel price cap of ~~$3.50 $~~3.38/gal, and $ 61,417 for the third year with a fuel price cap of ~~$3.75~~3.50/gal, is accepted by Council commencing in fiscal year 2007, and (Unanimous)

Councilor Simpson asked if this was within the amount of the budget.

Roger Mosley said that it was depending on the cost of fuel.

VOTE ON ORDER AS AMENDED: 5 Yeas- 0 Nays

59-06 Authorize Snow Plowing Contract – Route 2 (Tabled at the April 11 meeting) [Pomerleau]

Moved by Russell Seconded by Christy and Voted amend the order as follows:

ORDERED that the bid submitted by Emery Bros., for plowing Route 2, in the amount of $ 88,894 for the first year with a fuel price cap of $3.25/gal, $95,561 for the second year with a fuel price cap of ~~$3.50~~ $3.38/gal, and $ 102,729 for the third year with a fuel price cap of ~~$3.75~~ $3.50/gal, is accepted by Council commencing in fiscal year 2007, and (Unanimous)

VOTE ON ORDER AS AMENDED: 5 Yeas- 0 Nays

60-06 Authorize Snow Plowing Contract – Hourly Plowing and Sanding (Tabled at the April 11 meeting) [Pomerleau]

Moved by Russell Seconded by Christy and Voted amend the order as follows:

ORDERED that the bid submitted by Clyde Foster and Son’s, for hourly plowing and sanding, in the amount of $ 90 per hour/per unit for the first year with a fuel price cap of $3.25/gal, $ 95 per hour/per unit for the second year with a fuel price cap ~~of $3.50~~4$3.38/gal, and $ 100 per hour/per unit for the third year with a fuel price cap of ~~$3.75~~ $3.50/gal is accepted by Council commencing in fiscal year 2007, and (Unanimous)

VOTE ON ORDER AS AMENDED: 5 Yeas- 0 Nays

68-06 Authorize Enforcement Action – State of Maine Automobile Graveyard/Yard Statute – David Perry Jr., David Perry, Sr. and Lila Perry – Map 6 Lot 17 [Hopkins]

Code Enforcement Officer, Dan Hill said that as of yesterday this was in compliance with the state statute. Mr. Hill said that Dave Perry, Jr. said this is his nature. Mr. Hill said that he would like to leave it up to him to continue further with this issue.

Chair Hopkins said that it is written in that manner.

VOTE: 5 Yeas- 0 Nays

69-06 Approve Warrant for June 13, 2006 Maine School Administrative District 6 Budget Referendum Election [Hopkins]

VOTE: 5 Yeas – 0 Nays

70-06 Establish Opening of Polls on Notice of Election for the June 13, 2006 State Primary Election [Hopkins]

VOTE: 5 Yeas – 0 Nays

71-06 Change date of Regular Council Meeting in June [Hopkins]

Chair Hopkins said that this is an annual occurrence for the meeting in June.

VOTE: 5 Yeas – 0 Nays

72-06 Award Bid for Paving [Pomerleau]

Mr. Billington explained that the Capital Improvements Committee met and reviewed the bids. He noted that we have used F.R. Carroll in the past and have been satisfied with their work.

Councilor Richardson questioned if this was the COG bid price.

Mr. Billington said that this was the COG bid price.

Councilor Richardson asked the increase from last year.

Mr. Billington said $10 per yard. He then asked Roger Mosley if this was within the budget.

Roger Mosley the Director of Public Works said that it will be very close.

Mr. Billington said that other towns are paying up to $61 per ton, we will be paying $48 per ton.

Chair Hopkins asked a procedural question regarding the order and the amounts not being included.

Roger Mosley explained that this will be for the paving that we have and the money that we have to do it with. He said that there will have to be some shifting of the work due to the funds that we have.

Councilor Simpson questioned if Pike’s bid had been thrown out just because they didn’t bid the tack coat?

Mr. Billington explained that this is the second year that Pike has bid in this way. They call and say that they will match the low bidder. He said that they didn’t throw it out for that reason but if you throw the low bidder out it exceeds F. R. Carroll’s bid.

Councilor Simpson said in what way.

Roger Mosley said that it is not just the tack coat. It is the shoulder gravel as well.

74-06 Authorize Use of Town Council Contingency Account for Route 25 Access Management and Intersection Studies [Christy]

Councilor Christy said that the Roadway Planning Committee feels that this is an emergency situation. This information appeared in previous studies. Now, since the Gorham bypass has received federal funding it will be an actuality. He said that the intersection of Oak Hill and Route 25 needs immediate attention. He said that the Committee recommends that this order passes.

Chair Hopkins asked how much is in the contingency account.

Mr. Billington said that $5,200 has been used so far, leaving $2,800.

Mark Lindberg said that he would like clarification of where the study would be done. He said that according to the order is says Route 25.

Gordon Billington said that is a typo it should say Route 35.

Mr. Lindberg asked how far it will go.

Mr. Billington said that they will look at the intersection of Routes 25 and 35; and the Oak Hill Road and Route 25 intersection.

Moved by Simpson Seconded by Christy and Voted to amend the order correcting the typographical error as shown:

ORDERED that the Town Manager is authorized to enter into a contract with Gorrill Palmer Engineering for traffic engineering services for a Route 25 Access Management study from the Gorham line to Route 25 35 and for a study of the intersections between Route 25 and Route 35 and between Route 25 and Oak Hill Road, and (Unanimous)

Councilor Simpson said that he thought that the study would go to the top of the hill past Standish House of Pizza.

Councilor Christy said that we are hoping to receive funds from DOT for funds.

VOTE ON ORDER AS AMENDED: 5 Yeas- 0 Nays

75-06 Call for Public Hearing Regarding the Dedication of a Public Easement over Certain Rangeways [Christy]

Councilor Christy said that the Roadway Committee was given the task to look at Route 35 and consider monumentation; and the easterly quadrant which is highly under development at this time. He said that they looked closely at what were the different access points that can be gained. He said that they wanted to look at ways to funnel traffic to Route 35. He said that Blake Road is an old Rangeway that connects with Shaw’s Mill Road which is often used to divert traffic in the case of an accident. Looking at the map it shows a Rangeway from Route 35 to Blake Road. He said that the Committee felt that this had minimal impact to the three businesses that are located there. He said that the Committee felt at this time the Rangeways should be accepted by the town and monumented. He went on to say that an amount is in the budget this year for that process. He said that the Rangeways maybe used as pedestrian ways but for the most part they will be access roads somewhere down the line. He said that he would be quick to say that the Town of Standish is not in the business of building roads but we have to protect ourselves as far as the future is concerned. He said that the report also indicated that we should look at the area across Route 25 as well.

Chair Hopkins said that this order is for the call for the hearing.

Councilor Christy said that we will be monumenting the width of the Rangeways.

Mark Lindberg asked why the wording of the order does not match what is depicted on the map.

Mr. Lindberg said that it doesn’t describe that area abutting lots 41, 42, 43 and 21.

Tom Childs said that you should approve the order for the public hearing. He went on to say that his house will be directly affected by this. He said that he didn’t think this would elevate the traffic problem, because the more that area is developed the more the traffic will have to flow.

Chair Hopkins asked if there are other changes that are necessary can we still have the hearing on the 6^th of June or does this have to come back to the Council.

Town Attorney, Ken Cole said that you can still have it as long as the map itself is included and it is clear to the public that the correction had been made.

Mr. Lindberg asked that a study be conducted for the intersections that will be created due to this and he also questioned the width of the Rangeways.

Chair Hopkins said that these are questions that they will have answers for at the Public Hearing.

Moved by Christy Seconded by Russell and Voted to amend as follows:

1. The next range road to the north and east of Ossipee Trail East, as depicted on above-mentioned plan, located between 1^st division original lots #121 and 21 and the following lots #38, 39, 40, 41,42, 43 and 122. This range road runs approximately parallel with Route 25 between Blake Road and Northeast Road. (Unanimous)

VOTE ON ORDER AS AMENDED: 5 Yeas – 0 Nays

76-06 Call for Public Hearing Regarding the updated Comprehensive Plan [Hopkins]

Chair Hopkins said that this will bring forward the Comprehensive Plan to the Council.

VOTE; 5 Yeas - 0 Nays

77-06 Request MaineDOT Support for Route 25 Corridor Movement Planning [Christy]

Councilor Christy said that this letter is requesting fund from DOT for planning funds to supplement town funds for this project.

Councilor Simpson said that at one time they talked about going all the way to Route 113.

Mr. Billington said that the last paragraph request funds for the arterial as it passes through town.

VOTE: 5 Yeas – 0 Nays

William Orr questioned the order regarding the Automobile Graveyard. He comment if the person had complied with the Code Enforcement Officer at this time wouldn’t you have to redo this is he goes back into remission.

Chair Hopkins said that the order authorizes the Code Enforcement Officer to initiate action but doesn’t mean that he has to do so.

Louis Stack announced that the Budget Committee has completed the review of the budget. He said that there should be a report to them by Friday. He said as a second item the Northeast Road does not go to Sebago Lake.

Chair Hopkins thanked Lou for the information.

Several upcoming meetings were announced.

EXECUTIVE SESSION (S)

Moved by Richardson Seconded by Christy and Voted to go into Executive Sessions for the discussion of a legal and real estate matters with no action being taken when they arise from the Executive Sessions.

Moved Seconded and Voted to arise from Executive Session. The Council arose from the Executive Sessions by unanimous consent at 9:15 pm.

Submitted by: _________________________