MINUTES
TOWN COUNCIL MEETING
STANDISH, MAINE
TUESDAY, JUNE 6, 2006 – MUNICIPAL CENTER 7:00 PM
CALL TO ORDER
Chair Hopkins called the meeting to order and the Pledge of Allegiance was recited.
ROLL CALL
The roll was called by the Clerk. All Councilors were present except Councilors Lymburner and Pomerleau who were excused
MINUTES OF PREVIOUS MEETING (S)
The minutes from May 9th 2006 meeting were accepted as presented by unanimous consent.
PETITIONS AND COMMUNICATIONS
Mr. Billington noted that the Town received two letters for the Council and that he would summarize them. The first letter from Judith and Philip Coleman that addressed the Rangeway public hearing. He said that they reference the planning effort that has taken place and the rational for why the committee feels that we should move forward on accepting various Rangeways. He said that they point out that the areas of the Rangeways contains green wooded areas that is used for other purposes. They questioned if a road over a Rangeway would that it reduce the traffic volume.
A letter from Eugene Lyden of Hearthside Road commented on the vote of the purchase of land for a community center next week. He said that it would have been better option for the Town to accept the offer of the Water District back in 2001-2002 for free land off Route 35 for the boat launch site and recreation area. It was Mr. Lyden’s opinion that the Council should go back to the District to resurrect that offer.
REPORT OF THE TOWN MANAGER
Manager’s update included the following:
Ø He invited the public to a ceremony on June 8 for the dedication of a walking trail on the municipal grounds in honor of former Councilor Jerry Spencer. It will be held rain or shine and refreshments will be offered afterwards.
Ø This will be the last meeting of this sitting Council. He said farewell to those Councilors that were leaving.
PUBLIC HEARINGS
54-06 Amendment to Standish Town Code, Chapter 181, Part 1, Zoning, Article IX, Board of Appeals [Christy]
Councilor Christy explained that this is brought forward with the full support of the Ordinance Committee. This change brings the ordinance in compliance with the state statute.
After a public hearing without additional Council or public discussion the above noted ordinance amendment was approved and the hearing was closed.
VOTE: 5 Yeas – 0 Nays
78-06 Adopt Update to Town of Standish Comprehensive Plan [Hopkins]
Carol Billington the Chair of the Comprehensive Planning Committee explained that the Committee is poised and anxious and hoping that this will pass. She said that the Committee has put in two and a half years of effort. The first year was involved in education and learning of the Committee. They have worked closely with the Greater Portland Council of Governments. She thanked Rick Seeley for his efforts. She explained that the document that is in front of them was the edit as of Friday afternoon and will undergo additional format editing. She said if it is ratified tonight it will be submitted to the state for approval within the next week and a half. She said that initially they had set up to update the Plan but it turned to be more than an update. She said that they spent the bulk of their
time projecting housing needs for the growth in Standish in the next ten years and incorporating that growth in the citizens desire to keep Standish the way it is and not have it seem to change. She said that it is a long comprehensive document. She said that it will be put on the web site for the public to review.
Chair Hopkins thanked everybody that had been involved with this Plan.
Councilor Simpson said that he would support this with reservations. He said that he wanted his reservations on record. He said that he was disappointed in some areas of the Plan. He said that this was to be an update of the previous Plan and he said that he looks at this as a brand new Plan which means a complete re-write of the zoning ordinances. He said that he thought that it would be very expensive for the Town to implement this Plan through staffing or other studies. He said that this will be troublesome since the state formula will regulate what can be spent within the course of a year. He noted that he thought that there were inconstancies in the surveys and strategies. He said that one of the strategies to keep taxes low was difficult because we are relying on a residential tax base. He said that he wished that there had been more in economic development maybe in developing a business park. He also noted a concern about the number of committees the Plan was
endorsing. He said that it is difficult to get people to serve on the committees that we currently have.
Councilor Richardson thanked the Committee for the work. He overall the document is a good document. He said that the number of Committees is a little overwhelming and will be difficult to fill. He said that the number of housing units may be hard to accomplish especially if there are not willing sellers. He noted that there was a zoning change in the western area of Standish that may effect property values.
After a public hearing without additional Council or public discussion the above noted order was approved and the hearing was closed.
VOTE 5 Yeas - 0 Nays
79-06 Order to Accept Public Easement over Selected Rangeways [Christy]
Councilor Christy read through the final report of the Committee and highlighted their recommendations. He went on to say that there are two parts to this, one is looking at the Rangeway coming from Route 35 to Blake Road and then Road One the goes towards the entryway to Colonial Market Place. He said that they were looking at service roads as a way to handle traffic and alleviate curb cuts. He said that to say these roads may not be developed for a number of years. He said that all we are doing now is accepting a public easement as set out by the forefathers. He said that documentation of the Rangeways is on file at the Registry of Deeds.
Debra Butler of Juniper Lane said that a Rangeway runs through her property and if the Council accepts this it is unfair to the property owners. She said that it is a slipper slope that they are going down and if they are going to take property-take it by eminent domain to be fair to people. She said that if you take one road you take them all.
Thomas Childs of Blake Road asked what other Range roads were being considered. He wanted assurance that the Rangeway wouldn’t come across Blake Road. He also questioned taxes that have been paid on properties in question, would there be monies refunded to prior owners. He said that there was nothing in his deed that references a Rangeway. He said that he didn’t understand how developing the Rangeways would alleviate traffic.
Attorney Dick Steeves said that if this is done it will cloud the titles on many properties. He explained that during a title search it is only required that it is researched back forty years. He said that this information would never show up because they don’t have to go back to that plan. He asked if they had obtained a legal opinion on this issue.
Councilor Richardson questioned the length of time there was to review this matter.
Dick Steeves said until 2017 then a town can request an additional ten-year extension.
Jay Beedle asked what kind of properties or development were being suggested in this area.
Chair Hopkins said that they are making a list of the questions which will be answered at the end of the discussion.
Mark Lindberg of Blake Road questioned the map that was used because he obtained a copy of a map at the registry. His copy has a notion on the map indicating that the original plan may have had less detail than this map. He said that puts a lot of vagueness on the map that we are using. He was also concerned how this would affect property values.
Cara Childs asked about the $7,000 for reviewing these roads.
Councilor Christy said that $3,500 was for the access study and $3,500 for a study of curb cuts.
Cara Childs said that the money would be better spent in the village center study.
Jay Beedle asked what was the urgency for this to be passed tonight.
Councilor Christy said that he would start off by saying that there was no urgency. He explained that it was part of a large task that the Committee had. He said that a decision had to be made by the year 2017. He said that with the money also looked at Route 35 access management and the Oak Hill intersection. He said that a bank will be going in and a large tract of land that is under contract but additional information is no known at this time. He said that the Council wanted to not be caught short like other towns have been. He said that the town is not in the business of building roads. We are just providing a blueprint of where roads might go. He said that they had a legal opinion that this action could be taken after a public hearing. He said that they would like to
plan for the future. He said that he didn’t know when that might happen. He said that GPCOG found references back to the Rangeways at the Registry.
Attorney Dick Steeves said that the Town does not have deeds to these Rangeways. The Town would utilize the incipient right to these Rangeways.
Planner, Bud Benson noted that Routes 25 and 35 are eight-rods wide. Other Rangeways are four-rods wide.
Councilor Christy said that the traffic study will be included in the access study that will be done.
Chair Hopkins asked if the abutters had been notified.
Mr. Billington said that they were notified.
Judy Coleman of Blake Road said that she was concerned with the Rangeway issue.
Councilor Jeffrey Richardson asked Bud Benson if there were developments in the inner quadrants.
Bud Benson said none that he was aware of.
Councilor Richardson asked if the Rangeways showed on the original development plan of F.S. Plummer.
It was discussed that someone else sold those properties.
Councilor Christy said that in the mid-1980’s some agreement was made that changed the direction of the Blake Road.
Councilor Richardson said that he was concerned with a number of issues that were brought up tonight. He said if we adopt this tonight we may be putting some people into jeopardy.
Councilor Simpson said that he agreed with Jeff and would like to see this tabled. He went on to say there that there is no urgency. He said that if people think that using one of these Rangeway will alleviate traffic they are crazy. He said that use of a Rangeway on the west side of Route 25 might help the traffic issue.
Councilor Russell said that no matter where we look at Rangeways we will step on somebody’s toes and someone will be angry. He was opposed to eminent domain but property owners should be compensated if property is taken for this reason.
Councilor Christy said that do we let development take place as it will or do we use the Rangeways.
Chair Hopkins said that using the Rangeways as service roads to reduce curb cuts was part of the plan. She said that she didn’t want to become another Windham. She said that she supports the service road idea but the questions that were raised tonight brought forward inconstancies that need to be addressed.
Moved by Richardson Seconded by Russell to table this order. (Unanimous)
COMMITTEE REPORTS
Councilor Christy said that the Ordinance Committee reviewed the Land Use Ordinance for items that are on the agenda tonight.
Councilor Russell said that the Capital Improvements Committee met and discussed the highway truck item that is on the agenda tonight.
Councilor Richardson explained that at the Portland Water District Steering Committee they discussed the lease that the Town has with the District for a $1 a year for the use of the fishing pier. He noted that there was a mix-up and the fee didn’t get paid on time and it caused problems for some residents.
Chair Hopkins said that the Senior Housing Committee’s final report is on the agenda tonight to be received by the Council.
CONSENT CALENDAR
80-06 Approval of Waste Hauler Licenses [Hopkins]
81-06 Town Council Appointments to Various Boards and Committees [Hopkins]
82-06 Confirm Town Manager Appointments [Hopkins]
83-06 Confirm Town Clerk Appointment of Election Warden [Hopkins]
The above noted ordered were voted on collectively.
VOTE ON ORDERS 80-06, 81-06. 82-06 and 83-06: 5 Yeas- 0 Nays
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]
Moved by Richardson Seconded by Christy to remove this item from the table. (Unanimous)
Councilor Christy said that with the new Comprehensive Plan in place it will be looked at in the Ordinance Committee.
Moved by Simpson Seconded by Russell and Voted to indefinitely postpone this item. (Unanimous)
NEW BUSINESS
84-06 Authorize Berube Consent Agreement [Hopkins]
Mr. Billington explained that Sebago Technics was here and could answer questions regarding this. He explained that this violation is a front setback it should be a 50’ setback and it is 43’. He said that the Code Officer researched the records and there is not record of construction permits for the building.
The Sebago Technics representative explained that a recent survey uncovered that one of the buildings had a 7’ violation into the front yard setback.
Councilor Christy said that it has been some time since the Council has had to review one of these items.
Councilor Simpson said that it was his opinion that there should not be a fine assessed since it may have been an error on our part.
Chair Hopkins questioned the filing costs.
Mr. Billington explained that the applicant will pay a $40 application fee.
VOTE: 5 Yeas – 0 Yeas
Moved by Richardson Seconded by Russell and Voted to move order number 93-06 up on the agenda. (Unanimous)
93-06 Request MaineDOT Support for Route 11 Traffic Study [Lymburner]
Frank Holcomb the Chair of the Public Safety Committee explained the traffic issues that the residents on Route 11 were encountering and the measures they had taken bring the matter forward. Mr. Holcomb said MaineDOT may be able to provide some assistance for signage and other traffic calming devices a little or no cost for the Town.
Chair Hopkins said that she knew that this coming forward was the result of a petition. She questioned what would the Committee do if they received five petitions from various areas of town. How will the Committee deal with future requests?
Frank Holcomb said that they would look at each and see what could been done.
VOTE: 5 Yeas – 0 Nays
85-06 Receive Final Report of Elderly Housing Committee [Hopkins]
Chair Hopkins explained that in her time here this was one of the most rewarding committees that she had served on. She said that the committee came forward with a wonderful product and recommendation for the Council. She said that the ordinance is in place and they are not recommending an advisory committee at this time.
86-06 Receive Final Report of Roadway Planning Committee [Christy]
Chair Christy said that he had read the report earlier in meeting. He said that the Committee had addressed the mission that the Council had set which included intersections, access management,
recommendations on roads one and two and monumentation. He went on to say that it was a good Committee consisting of previous and new members.
VOTE: 5 Yeas – 0 Nays
87-06 Resolution to Designate June 8, 2006 as Gerry Spencer Day [Hopkins]
Mr. Billington explained that a fund was set up with Standish Recreation to help students attend the recreation program in Jerry’s honor. The trail at the Town Hall will be dedicated to Jerry on Thursday at 4:30pm rain or shine.
VOTE: 5 Yeas – 0 Nays
88-06 Emergency Amendment to Site Plan Review Standards for Architectural Design [Christy]
Councilor Christy said that this will give the Planning Board a tool to assist them.
Councilor Simpson said that he would not support this order but would the next. He said that he didn’t want them to use the emergency ordnance hap-hazardously. He said that if there was any property in the area in question and it would take weeks to get approval.
Chair Hopkins asked the reason for the emergency order.
Councilor Richardson said that they thought that there may be some property changing hands off Route 25 that might need the emergency order. We didn’t know what would take place, as time marches on, there is not an application before the Planning Board at this time.
VOTE: 2 Yeas – 3 Nays, Hopkins, Russell, Simpson
89-06 Amendment to Site Plan Review Standards for Architectural Design [Christy]
Moved by Simpson Seconded by Christy and Voted to dispense with the Clerks reading of the ordinance. (Unanimous)
Ann Farrar said that she was beginning to feel like the most regulated person in town. She questioned if we were so architecturally correct why is it only in the village district.
Councilor Richardson said that people clearly don’t want Route 25 to look like Windham. He said that it was his opinion that this was the easiest and fastest things to put on the books so at least construction wise we did not look all brick, mortar and metal buildings.
Moved Seconded and Voted to move this item on to First Reading at the July meeting of the Council. (Unanimous)
90-06 Amendment to Site Plan Review Ordinance [Christy]
Moved by Simpson Seconded by Christy and Voted to dispense with the Clerks reading of the ordinance. (Unanimous)
Mr. Billington said that this changes the site plan review process. It calls for a preliminary review and final review. A developer could get preliminary approval, before final approval, outside agency approvals must obtained.
Moved Seconded and Voted to move this item on to First Reading at the July meeting of the Council. (Unanimous)
91-06 Resolution to Participate in Cumberland County Entitlement Program [Christy]
Councilor Christy explained that the County will be the dispensing agent for all community block grant funds.
VOTE: 5 Yeas- 0 Nays
92-06 Nomination to Maine Municipal Association Legislative Policy Committee [Hopkins]
Chair Hopkins said that this is a re-application for Mr. Billington.
VOTE: 5 Yeas – 0 Nays
94-06 Approval of Warrant for Annual Town Meeting [Hopkins]
VOTE: 5 Yeas – 0 Nays
95-06 Approval of Warrant for Special Town Meeting [Simpson]
VOTE: 5 Yeas – 0 Nays
96-06 Award Bid and Authorize Contract for Purchase of Plow Truck [Pomerleau]
Councilor Russell explained that this purchase hinges on the referendum and town meeting votes. He explained that the town went through with the bidding process now due to the delivery time.
Moved by Russell Seconded by Christy and Voted to amend the order as shown below:
ORDERED the attached bid from Portland North Truck Center for this truck including Tenco equipment, extended warranty and a reversible plow, in the amount of $140,121 is hereby accepted, contingent upon voter referendum and Town Meeting approval, and (Unanimous)
VOTE ON ORDER AS AMENDED: 5 Yeas- 0 Nays
Moved by Simpson Seconded Christy and Voted to add the following items by unanimous consent.
97-06 Authorize Use of Town Council Contingency Account for Repair of Welcome to Standish Signs [Lymburner]
Mr. Billington explained that these signs were donated to the town with the agreement that the town would maintain the signs. In 1999 the town repaired the signs out of the Town Council Contingency account.
VOTE: 5 Yeas – 0 Nays
98-06 Authorize Standish Lions Club to Hold Charity Toll on Moody Road [Simpson]
Chair Hopkins said that she was not aware of any problems that this has caused in the past.
VOTE: 5 Yeas – 0 Nays
99-06 Appointments-Town Council Confirmation of Political Parties Nomination of Ballot Clerk [Simpson]
VOTE: 5 Yeas – 0 Nays
PUBLIC ITEMS
Councilor Simpson said that a few years ago when the Veteran’s Memorial was re-done, Representative Gary Moore was going to look into a memorial that would honor the veterans of all wars. He wondered what the status of that project was.
Chair Hopkins said that it had been an honor serving with them. She said that she wanted to thank the town employees for their dedicated service. She said that the Public Safety Department has reduced response times and completes hours of training without a salary. She noted the quality of the Public Works Department work.
Councilor Simpson said to follow-up on what she just said the order on the Special Town Meeting. At this time only one department will have an overage and that is for legal bills. He said that this a tribute to the Department Heads and the employees for buckling down to conserve especially in the fuels and lubricants line.
Chair Hopkins said that during the Town Meeting this should be mentioned.
ANNOUNCEMENTS
There were no announcements this evening.
EXECUTIVE SESSION (S)
There was not an executive session at this meeting.
Moved by Christy Seconded by Simpson to adjourn. The meeting adjourned at 9:35 pm by unanimous consent.
Submitted by: _______________________
Clerk/Secretary
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