Town of Standish, ME - Town Council Meeting Minutes 09/12/2006

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

TOWN COUNCIL MEETING

TUESDAY, SEPTEMBER 12, 2006 – MUNICIPAL CENTER 7:00 PM

The meeting was called to order by Chair Christy and the Pledge of Allegiance was recited.

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

MINUTES OF PREVIOUS MEETING (S)

Councilor Biegel said that she had a question on the minutes. She noted the in the section regarding Deer Hill North she remembered that it was announced the town attorney would prepare a deed for the residents to sign and she would like that reflected in the minutes. The minutes were accepted as presented with the above noted correction being made.

PETITIONS AND COMMUNICATIONS

Chair Christy read a petition submitted by residents in the Sebago Lake Village area requesting that a ‘No Engine Brakes” sign be erected. Chair Christy said that he would forward this petition to the Public Safety Committee for a recommendation on this issue. He said that he would like to have the Committee look into the posted speed limit in the vicinity of Johnson Field and forward a recommendation that MDOT look into changing the speed limit.

Councilor Stack said that the concern is that going east on Route 35 just prior to the ballfield turns to 50 mph. He said what they would like to see is the limit of 50 mph be posted in the area of the bridge and be posted at 35 mph near the ballfield.

Councilor Simpson read a letter from the Higgins regarding their property at Standish Corner and making participating in the Historic District voluntary.

A copy of the letter is Attachment A at the end of these minutes.

REPORT OF THE TOWN MANAGER

Manager’s update included:

Central Maine Power is applying to the Saco River Corridor Commission to improve the public access parking lot next to the Saco River in Steep Falls. A copy of the application is on file here for public view. Comments should be submitted to the Commission by the 20^th. They plan to improve the turn around, a fence will be placed between the parking lot and the river, and gates will be installed to control access for ATV’s and snowmobiles, concrete holders will be installed for trash receptacles and other improvements.

Clerk’s office – Reminder that the November 7^th election offers a good opportunity for civic groups to have table displays at the polls.

Public Works – Manchester Road Bridge is in and the intersection with route 113 has been realigned. The final surface coat should be laid this week; Dolloff Road will be paved next week, then Spear Road and the last portion of Milt Brown Road. Middle Jam Road rebuild will start in the spring. Other paving projects include the brush area at the Transfer Station, the Public Works garage parking area, and two paved pads here at the Municipal Building, one for public safety’s boat and one for the recreation bus. Also, the entrance here will receive treatment to address a low spot and the depressions at the openings to the safety bays will be treated.

Also, the Municipal Center exterior trim is being repainted and in early October the concrete block walls in Public Safety area will be treated chemically to address water that seeps in.

The Planning Department had a contract to update the Parcel Base Map and reference the roads and now this project is complete. The map includes parcel information, parcel ID’s, owners name, address, and other identifiers. It will be placed on-line with the Greater Portland Council of Governments Interactive Map Service along with the Standish road map, aerial photographs, our zoning map and national wetlands inventory. IMS is an Internet-based service designed to deliver municipal map information and data to town employees and the general public in a user friendly, interactive format. He went on to say that the Planning Department is developing RFP for Village Design Study which will be contracted for later this year.

Recreation Department has added two new members this year – Brett Levin has taken the Program Director position and Alice Alexander now runs the After School Program.

Soccer is underway and St Joseph’s College has reopened the pool with essentially the same fee schedule.

Senior programs have been fairly quiet during the summer and there is now some fall activity -- fall foliage trip, a Tai Chi class takes place in this room on Thursdays, and a Bean Supper on the 23^rd at the Steep Falls Fire barn.

The 5K + 1,000’ Fun Run that was postponed in June will now be held on the September 23^rd – 9:00 AM.

The Code Enforcement Office notes that this fall’s building permits are way off from prior years.

Deer Hill North – Our attorney has been provided with an updated list of the 28 abutting property owners and will prepare the deed. The deed will be circulated by a property owner which require sign-off of all the abutters before the Town will consider acceptance.

Councilor Stack said that he had a question regarding the parcel base map. He asked what was the year of the photos?

Mr. Billington said they were taken in April 2001.

131-06 Application Submitted by Jack Lee dba Karry Out, Inc. Located at Colonial Marketplace for Renewal of a Malt and Vinous Restaurant License [Christy]

Chair Christy asked if the application was in order.

The Clerk said that it was.

VOTE: 6 Yeas – 0 Nays

132-06 Application Submitted by James Paquette dba Memory Lane Music Hall Located at 35 Blake Road for Renewal of a Malt, Spirituous and Vinous and Class A Lounge License [Christy]

James Pepper questioned what where the circumstance for denial of a liquor license.

The Clerk said that she was not prepared to give him a copy the information this evening but he could pick a copy up tomorrow.

Mr. Pepper said that he lives next door to the establishment; he noted that the capacity of the building is 250. He said that it hasn’t opened yet but he has called once regarding noise. He said that whenever the wind blows just right, what ever happens in front of the building sounds like its coming from his deck. He said that if on one night one hundred people showed up, two people to a car that would mean with 50 cars with two doors opening and closing, when they come and leave until one o’clock in the morning. He said that some cars will be setting and deactivating their alarms and some cars will have sub-woofers. He said that it is a recipe for disaster. He said that one of the reasons for rejecting the license was violating traffic laws. He said that on this past Sunday his grandson was at the end of his driveway, within a short period of time three Harleys with altered exhaust systems went by at approximately 50 to 60 mph past his grandson going to the music hall. He said what do you want video witness accounts to shut them down?

Chair Christy asked him what he had done about it.

Mr. Pepper said that they were already gone before he could get his video camera.

Chair Christy asked if he had called the County.

Mr. Pepper said no because he didn’t get the license plate numbers.

Chair Christy said that you have to register complaint and after a certain limit is reached then the application would be reviewed.

VOTE: 6 Yeas – 0 Nays

133-06 Application Submitted by James Paquette dba Memory Lane Music Hall located at 35 Blake Road for Renewal of a Special Amusement Permit Allowing Live Entertainment [Christy]

Chair Christy asked if the application was in order.

The Clerk explained that the Code Enforcement Officer has signed off on the application. However, the Fire/Health Department has not signed off on the application yet. The Fire/Health Department inspected the facility and gave the applicant a punch list of items that needed to be corrected. She explained that she had talked to Captain Libby this afternoon and he explained that the applicant had called the Department to schedule a re-inspection by the Department had not had the opportunity to re-inspect the facility.

Chair Christy explained that in the past the Council has approved licenses in cases such as this pending approval of the inspection or it can be denied until everything is complete.

Moved by Simpson Seconded by Stack and Voted to amend the order by adding the following:

The application is approved upon approval of the Fire Department and Health Department. (Unanimous)

Councilor Pomerleau question the various fees for Special Amusement Permit fees.

The Clerk said that the fee with dancing meant that employees would be allowed to dance for the customers.

Councilor Biegel asked if there was a time limit on completing the punch list.

Chair Christy said no – only when it is approved by the Department.

VOTE ON ORDER AS AMENDED: 6 Yeas – 0 Nays

COMMITTEE REPORTS

Councilor Simpson said that the Recycling Committee will meet tomorrow night.

Councilor Simpson said that the Community Center Committee has interviewed six architects and one firm has been selected and the Committee is ready to start negotiations with them.

Councilor Stack said that the Appointments Committee met a few weeks ago and interviewed a Jeff Burgess for the Budget Committee and you will see an order on the agenda this evening regarding this appointment.

Councilor Pomerleau said that Capital Improvements met tonight and reviewed winter sand and CEO truck bids.

Councilor Pomerleau noted that Public Safety Committee met last week and discussed the Heath and Safety Fair which will be held October 14 here at the Municipal Center.

Councilor Pomerleau said that the Route 113 Corridor Committee will meet tomorrow for 6:00 pm – 9:00 pm here at the town hall to discuss rail service in this area. He noted that there will be guest speakers to talk about the rail. He explained that today state and local officials got to ride on the rail with DOT.

Chair Christy said that on September 19^th the Ordinance Committee will discuss the current preservation ordinance.

Chair Christy said that tonight while turning into this lot he was almost rear-ended. He said that he would like the CIP look into a passing lane being built there.

CONSENT CALENDAR

Chair Christy said that these items relate to the upcoming election.

Moved by Spencer Seconded by Simpson to pass these with one vote. (5 Yeas – 1 Nay, Biegel)

134-06 Authorize Change in Voter Registration Hours Prior to the November 7, 2006 General Election [Christy]

135-06 Approval of Election Clerks and Election Warden for the November 7, 2006 General Election [Christy]

136-06 Establish Opening Time of Polls for November 7, 2006 General Election [Christy]

Council Biegel said that the vote had been to vote as one item but they now need to vote on the orders.

Councilor Simpson said that by being on the Consent Calendar it is automatically considered to be taken collectively. Anyone could ask that an item be voted on separately.

The Clerk asked if she could explain any of the orders.

Councilor Biegel said she was concerned with one that closed the polls at 4:30.

The Clerk read order 134-06 which explained voter registration hours prior to the General Election.

Councilor Stack asked if this would prevent anyone from registration at the polls.

The Clerk said that people could register on Election Day at the polls.

VOTE ON ALL THREE ORDERS: 6 Yeas – 0 Nays

UNFINISHED BUSINESS

79-06 Order to Accept Public Easement over Selected Rangeways (Tabled at the 6//9/06 Meeting) [Christy]

This item remained on the table.

89-06 Amendment to Site Plan Review Standards for Architectural Design (First Reading) [Christy]

Moved Seconded and Voted to move this to Public Hearing at the October Meeting. (5 Yeas – 1 Nay, Simpson)

90-06 Amendment to Site Plan Review Ordinance (First Reading) [Christy]

Moved by Spencer Seconded by Simpson and Voted to dispense with the Clerk’s reading of the ordinance. (Unanimous)

Mr. Billington said that the key change to this is to require a developer to bring forward any outside approvals such as from MDOT or DEP that are needed for site plan to be approved prior to the Planning Board’s final approval. This change would allow the Planning Board to review curb cuts, street openings and things of that nature. It also incorporates the architectural design standards that were presented earlier.

Councilor Stack asked how long does the outside approval process take.

Mr. Billington said that time frame varies.

Councilor Stack said that he would like to hear what developers thought about this ordinance.

Move Seconded and Voted to move this to Public Hearing at the October Meeting. (6 Yeas – 0 Nays)

122-06 Amendment to Standish Town Code, Chapter 140, Fire Lanes, §140-8(First Reading) [Christy]

Chair Christy said that this summer there were extreme violations of the no-parking ordinance on the Harmon’s Beach Road; also there have been problems at Colonial Marketplace. He said that he didn’t want to over regulate but this is a safety issue.

Councilor Biegel asked if this would cover businesses whose fire lanes are blocked.

Chair Christy said that they need to check with the Fire Chief after this is put into effect to see if there are other area that is needs to be.

Move Seconded and Voted to move this to Public Hearing at the October Meeting. (5 Yeas – 1 Nay, Stack)

123-06 Amendment to Standish Town Code, Chapter 181, Zoning Map (First Reading) [Christy]

Mr. Billington said that the Planner and a DEP employee walked the property and this area is not in a wet land.

Moved by Simpson Seconded by Pomerleau and Voted to amend the date of April 2002 to October 2006. (Unanimous)

Moved Seconded and Voted to move this as amended to Public Hearing at the October Meeting. (6 Yeas – 0 Nays)

130-06 Amendment to Town of Standish Fee Schedule (Tabled at the 8/8/06 meeting) [Simpson]

Moved by Simpson Seconded Christy and Voted to take this item off the table. (Unanimous)

Councilor Simpson said that this is coming through as a recommendation especially for Steep Falls Fire Station that we are not getting enough money from the rental to pay for the heating costs.

Councilor Stack asked if this was a $50 for each time that they use the building.

Councilor Simpson said that it was.

Councilor Stack said that he would urge that this is not approved. He said that they had been told that we were going through a tank of fuel a week, but they have not received any documentation in regard to that. He said that before he would support this he would like to see some background on how the fee was developed. He said that it was outrageous to charge a $50 fee for each time that someone wanted to use the building.

Mr. Billington said that he only had the information that the Fire Chief had presented to the Finance Committee.

Councilor Simpson said that a tank a week seems exaggerated but on the other hand a lot of oil is used up there.

Councilor Pomerleau said that the problem that he has up there is people are renting the place for $25, having entertainment and then charging a fee. He said that he then we pay the janitor to clean-up the place. He said that it was recently rented to a group that presented an adult comedy show. They charge a $12 a head to get in. He said that we need to address the rental procedure for the town’s buildings.

Chair Christy said that he would like to see this as a workshop topic.

Moved by Simpson Seconded by Pomerleau and Voted for this item to stay on the table. (Unanimous)

137-06 Authorize Standish Cub Scout Pack 874 to Hold Fundraiser at Transfer Station [Christy]

Sherry Beety representing the scout troop explained that there are limited locations in town where the scouts can set-up for a sale. She explained the monies that are raised help support advancements and camp trips for the boys. She explained that the boys will work two hour shifts and will be accompanied by their parents and leaders. She noted that the troop would be at the Transfer Station from 10 am until 3 pm.

Many Councilors voiced concerns for the boy’s safety since the Transfer Station was a high traffic area. After discussion, it was decided that the scouts would set-up outside the Transfer Station near where vehicles exit.

VOTE: 6 Yeas- 0 Nays

138-06 Resolution to Establish October 14, 2006 as Standish Health and Safety Day [Pomerleau]

Moved by Spencer Seconded by Stack and Voted to dispense with the Clerk’s reading of the resolution. (5 Yeas – 1 Nays, Pomerleau)

Councilor Pomerleau said that reading of the resolution would fully explain the fair.

Moved by Spencer to withdraw the motion. (All in favor)

Councilor Pomerleau explained that that the fair is held along with fire prevention week. He went on to say that there are give-a-ways for the kids. In Fact, he was donating a bike to the cause and challenged other Councilors to match his donation. Chair Christy said that he would donate a bike.

VOTE: 6 Yeas – 0 Nays

139-06 Town of Standish Orders of Town Council Authorizing Issue of $468,665 Principal Amount of Bonds [Simpson]

Moved by Simpson Seconded Spencer by and Voted to dispense with the Clerk’s reading of the order. (Unanimous)

Councilor Simpson said that this was a standard order needed for the bond issue.

Councilor Stack noted that the treasurer was described as “her” and this word was changed to “the” treasurer.

VOTE: 6 Yeas – 0 Nays

140-06 Authorize Use of Town Council Contingency Account for Attendee Registrations Growsmart Maine Summit III [Beigel]

Councilor Biegel explained it is quite common to send Town Manager, Town Planner, Planning Board Members, Councilor Members to this state wide program which helps communities that are trying to grow their community but not to encourage sprawl. She said that since the Comprehensive Plan is nearing completion and there will be a major review of the town’s ordinances this would be helpful to send as many member people that can attend. It will be an opportunity to learn and network and see what is happening. She said that the Smartgrow Maine has partnered with the Brookings Institute providing a number of community outreach programs.

Councilor Spencer questioned the costs for registration.

Chair Christy said that the money provided will allow many people to attend, however, the amount that we spend would depend on the number that will attend.

VOTE: 5 Yeas – 1 Nays, Simpson

Tom Childs a resident from Blake Road thought that would be fantastic to send town officials to this to find out what information they can and bring back to the town.

Chair Christy said that the Town of Standish was invited to the National League of Cites Conference he asked Mr. Billington to explain that invitation.

Mr. Billington said that the Maine Municipal Association goes to this on an annual basis with representatives from the largest communities in Maine. Invitations were sent to 20 largest municipalities in the state.

141-06 Establish Committee for the Development of a Roadway Plan [Christy]

Chair Christy explained that a workshop had been held regarding this issue. This order tries to capture everything that was discussed at the meeting. He said that this was a beginning; the membership will provide town wide membership from the public. The plan itself encompasses all that is presently on the books as far as an ordinance is concerned but we have never done it. He said that Comprehensive Plan and the engineering study regarding curb cuts will be taken into consideration in the Roadway Plan. He noted that the order also provides for the use of outside professional service. He said that Councilor Stack, Councilor Pomerleau as Chair and Councilor Simpson will serve on the committee.

Councilor Biegel said Mrs. Billington and Neal Allen said that it was essential the Village Design Study be conducted in tandem with the Roadway Plan. She said that when she looks at this order she was not sure that’s covered in this order.

Chair Christy said that the Council will take up six initiatives in the very near future. The first was the development of a roadway plan. The other five will come to the Council in the same format as this order. He said that each of these committees have to work in tandem and come to a fruitful conclusion.

Councilor Biegel said that she would like to see the Council make the Village Design Study it the highest priority.

Chair Christy said that this was not case in stone.

Councilor Stack asked how far along is the Standish Village Study?

Chair Christy said that they are waiting for the Comprehensive Plan to be approved. He went on to say that state approval of the Comprehensive Plan should take place in October.

Councilor Biegel said that she thought that because the Design Study was so closely related to the Roadway Plan the Design Study was put under the Roadway Plan Committees mission.

Chair Christy read Section 2 of the order which highlights the notation of the Village Design Study.

Councilor Biegel said that she was happy to see that but would like to see stronger language. She said that she would like to see the Design Study recommendations included in the Roadway Plan.

Chair Christy said that he disagreed with that, he said that would be too much for the committee.

Councilor Pomerleau said that we keep talking about the Comprehensive Plan but it would be impossible to implement all of items of the Plan within the next few years. He said that the Comprehensive Plan did a great job but he said that he wasn’t sure why we needed to wait for the Plan to be accepted before we started on projects. He said that this order is fine the way it is written.

VOTE: 5 Yeas - 1 Nay, Biegel

142-06 Carry Forward Funds from Town Clerk Account [Simpson]

Councilor Simpson said that this was a recommendation of the auditor. The monies had been encumbered but the auditor said that the funds should be carried forward.

Councilor Stack said that the Chair of the Personnel Committee spoke with the Budget Committee indicating that a temporary clerk was needed, funding was submitted for a sixteen week period. He said that he was confused with the timing involved with this.

Mr. Billington said that the part-time assistant does help. He said that we have also found that due to the shifting of one of the Assistant Clerks part-time to the Finance Department has been a loss to the Clerk Department. He went on to say that the Personnel Committee has been asked to review this matter. He said that when this was presented during the Budget it was hoped that part-time person council be accommodated with the existing workstations. A study of the office has determined that four workstations can be accommodated in the office area.

Councilor Christy said that this was a trial basis to see if it solved the problem.

Councilor Stack said that he though that carry forwards had to be for capital improvements items. He went on to say if this is actual needed the money should come from a Special Town Meeting. He said that he didn’t agree with this shifting of money. He said that we didn’t even know how much this was going to be.

Mr. Billington said that the costs were known. He said that carry over money is not limited to capital items. they are handled on a case by case basis.

Councilor Stack said that he thought that at a recent Finance Meeting carry overs were discussed and it was said that they were to be restricted to capital items. He said that part of this money came out of the contractual account—how does that relate to capital improvements.

Mr. Billington said that there was no restriction to tying it to capital items. He said that the discussion that he recalled was that the Charter authorizes the expenditure of capital funds over a five year period.

Councilor Simpson said that the Gordy was right as to what can be carried over, it doesn’t have to capital but it had to be budgeted for but not spent. He said the mistake that they made last year was carrying over Councilor salaries.

Councilor Stack asked what was in the FY 06 budget that authorizes this expenditure.

Mr. Billington said that there was nothing in the 06 budget for the workstation, there was a dollar amount for contractual and equipment. He said that she has latitude on how those funds are expended.

Councilor Stack said that he had a problem with carrying forward with the contractual monies. He said that the money should come from Council contingency or a Special Town Meeting.

VOTE: 4 Yeas – 2 Nays, Biegel and Stack

143-06 Authorize Town Manager to Dispose of Buildings on the Lands that were acquired for a Proposed Community Center [Simpson]

Councilor Simpson said that he, Dan Hill, and Dana Fischer went to look at the building. It was their opinion that structurally able to be moved and it was a building that we could get money from selling it.

Bill Orr said how it can be justified to sell this town asset and putting the money into a fund that has no approval from the town’s people.

Mr. Billington said that the funds that purchased the land and building came from that fund.

Councilor Stack asked when someone purchases an acquired property does that person then need to pay the taxes in addition to the amount of the bid.

Mr. Billington said that the bids cover the cost of the taxes that are due.

Councilor Stack said that if this is the case why did the full amount of the Cole Hill property go into the Community Center fund.

Mr. Billington said that he would check with the Finance Director about that.

Councilor Pomerleau asked why are we in such a hurry to get rid of this house. He said that the property is worth three times as much with the house on it. He said that he wanted wait until the people vote on the Community Center.

Councilor Spencer said that this is a liability to the town.

Chair Christy asked if the Town is deriving an income from the building.

Councilor Simpson that it was $1,000 per month and it’s going into this fund.

Councilor Spencer said that the liability for that building is not worth a $1,000.

Chair Christy asked it if was covered under our liability policy.

Mr. Billington said that if it was vacant the town would insure the building.

Councilor Simpson said that we should not be landlords. He said if sell it and get some money that would be fine, or if we don’t the Fire Department can use it for training. He said that the value of the land will still be there. The house won’t give it that much more value.

Councilor Pomerleau said that we were concerned six months ago that the house had a value now we are hearing that it has no value and it is a liability.

Chair Christy asked when did we expect to go to vote on the Community Building.

Councilor Simpson said that it is expected that will happen a year from November.

Chair Christy asked if could wait for a year for the sale of this to wait for the vote?

Councilor Biegel questioned a letter that was in the packets from a successful bidder of another property which proceeds were used to purchase this Community Center land. According to Councilor Biegel the bidder thought that he was bidding on another property and was seeking to obtain his funds back from the Town. She said that her question was, where would those funds come from to refund him.

Councilor Simpson said that problem has been resolved. He went on to say that all bids are buyer beware.

Councilor Pomerleau said that he would vote no on this because there would be more options for the town with the building on the land if the vote gets turned down.

Chair Christy questioned if the vote was turned down what would happen with the money in the Community Center fund.

Councilor Simpson said that funds for the architect would come from that account.

Councilor Stack asked if the conceptual plan would be discussed before the architect is selected and the conceptual design is selected.

Chair Christy said that there will be public sessions where the plan will be discussed and that information will be forwarded to the architectural firm.

Councilor Simpson said that one of the reasons that we selected this firm was that they have a concept of bringing the community into the plan.

Councilor Stack questioned the insurance on the building.

Chair Christy said that Mr. Billington will check into that issue.

VOTE: 2 Yeas – 4 Nays, Biegel, Christy, Pomerleau and Stack

144-06 Set Mil Rate, Due Dates and Interest Rate for FY 2007 Taxes [Simpson]

Moved by Simpson Seconded Spencer by and Voted to amend as follows:

ORDERED that the Council accepts the assessor’s recommendation to set the tax rate for the 2007 fiscal year at $10.05 /1,000 valuation based on a total valuation of $_980,500,089 for a total taxation of

$ 9,854,025 with an overlay of $ 76,962, and (Unanimous)

William Orr said that there was a $60,000 overlay last year; he then asked how much of that was spent.

Peter Arnemann, the assessor said that approximately $82,000 was spent. He went on to say that it was hard to say what amount would be spent this year.

Bill Orr asked if this money is not spent will it go into the general fund.

Mr. Arnemann said that it would go into the general fund.

Councilor Stack said that in the budget review for the 2007 FY the proposed mil rate was going to be $9.65.

Peter Arnemann said that we were hoping that would be the amount, there were a number of factors, the school budget came in for a higher amount.

Mr. Billington said that there is an increase of $41,381 in the school budget; there was a decrease in the projection of revenue sharing from the state of $84,989 below what we had forecasted, and that’s $135,000 less than we received last year do to some changes in the statutes. The valuation of the town was six million less than what we projected it to be. Homestead reimbursement in the past was picked up by the state, now after LD1 the town has to pay for half of that plan which $136,659. He said that this mil rate is less than last year’s rate which was $10.11.

VOTE ON ORDER AS AMENDED: 5 Yeas – 1 Nay, Stack