Town of Standish, ME - Town Council Meeting Minutes 11/14/2006

TOWN COUNCIL MEETING

TUESDAY, NOVEMBER 14, 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.

159-06 Town Council Appointment to Council Area 2 Seat [Christy]

Chair Christy explained that a candidate came forward to serve on the Area 2 seat. He noted that Mrs. Edwards is a lifelong resident of Maine and has served on numerous town boards. He said that she was unanimously recommended by the Appointments Committee.

Moved by Pomerleau Seconded by Simpson and Voted to amend by adding the name of Elizabeth Edwards to the order.

VOTE: 6 Yeas – 0 Nays

Mrs. Edwards was sworn to office before the Town Clerk.

Chair Christy explained that Mrs. Edwards had spoken to him regarding ongoing issues that she may ask to abstain from voting on since she may not be fully informed on the issue. He said that it would take a vote of the Council to allow the abstention.

MINUTES OF PREVIOUS MEETING (S)

The minutes from the October 3^rd and 10^thmeetings were accepted as presented by unanimous consent.

PETITIONS AND COMMUNICATIONS

Chair Christy read a letter from the state regarding the removal of offensive names from town records. In 2001 the Town removed by Council the name squaw from its records. The letters stated that the Town still needed to follow-up and update the maps.

REPORT OF THE TOWN MANAGER

Mr. Billington said that after his report the Department report will be presented by Linda Brooks the Recreation Director.

Mr. Billington noted that the first half of property taxes are due tomorrow. We have found that with the transfer of data from our software conversion that some Homestead Exemptions were omitted from some individual tax bills -- fifteen to date. The assessor is double checking to see if he can find others; but everyone who received it previously should check their bills. The assessor also wants to encourage all who are eligible to sign up for the exemption. Eligibility for your principal residence and that you’ve lived there one year. It provides a $13,000 exemption – about a $130 reduction in taxes; $65 paid by the state and $65 paid by you and your neighbors.

Also those that are eligible for the Veterans Exemption should apply – age 62 and having served in a designated war period – a $5,000 exemption post WW I, $7,000 post WW II, and $47,000 for a paraplegic veteran.

Mr. Billington explained that Circuit Breaker Program applications are available at Town Hall. Apply between August 1 and May 31 for a check after July 1. To be eligible for the general portion of the program you must have been a resident of Maine for all of 2005, maintained a homestead in Maine for all of 2005 and lived in your homestead at least six months during 2005. Your total 2005 household income must have been not more than: $77,000 for a person who lived alone; OR, $102,000 for a person who lived with a spouse and/or dependent(s); AND 2005 property tax must have been more than 4% of your 2005 household income ($3,080 & $4,080); OR, the rent paid in 2005 must have been more than 20% of 2005 household income. To qualify for the senior citizen's portion of the program, you must have been a resident of Maine for all of 2005, maintained a homestead in Maine for all of 2005 and lived in your homestead at least 6 months during 2005. You must have been age 62 or older in 2005, or 55 or older if disabled. If applying under the disability provision and married, both applicant and spouse must be disabled and receiving federal disability payments. Your total 2005 household income must have been below: $12,700 for a person who lived alone; or, $15,700 for a person who lived with a spouse or with a dependent.

Mr. Billington explained that very shortly we will have our parcel base map (the tax map), the aerial photographs, the terrain contours, the state wetlands maps and the E-911 roads in an online searchable database. The database can be queried by property address, owner or parcel ID. The query will bring back a map of your lot boundaries superimposed over the aerials, roads, wetlands and contours. The parcel boundary information is quite accurate near the roads which we verified by Global Positioning Satellite data – less accurate away from the roads. Watch for the notice on our web site with a link to the data.

Mr. Billington noted the status of Deer Hill North a private road that was proposed as a subdivision road 25 years ago. Deed releases were sent to 35 property owners and all but seven have returned the deeds. One of the property owners is making personal contact with the remaining seven… once all the releases are in we’ll schedule a follow-on meeting with the Council and the property owners.

Mr. Billington said that the Council Workshop this month should be an informative one for the public. The Council will receive a report from an engineering firm that has been tasked to perform an access management study for us for the Route 25 corridor. They will give the results and suggest ways to deal with traffic issues and growth in the area of study. Their findings should form a basis of discussion for the Roadway Planning Committee in developing a future roadways plan for the Town. You’ll see aerial photos of the corridor and suggested ways it could evolve. MaineDot will participate and we’ll have an attorney present to address the legal aspects of any proposed ordinance revisions to steer future growth. We’re hoping the firm will show examples of how other similar municipalities road infrastructure has evolved over time and how changes to state law gives this town new tools to manage evolution here. That meeting will be two weeks from tonight on the 28^th of November. There will be a public hearing on the presentation at the meeting.

Mr. Billington introduced Linda Brooks who presented a PowerPoint presentation that highlighted the Departments current programs and future goals.

Chair Christy reminded anyone wishing to speak on an issue should come up to the microphone, state their name and address and speak to the issue.

162-06 Application Submitted by Bon Appetite Management Company Located at St. Joseph’s College for Renewal of a Malt, Spirituous and Vinous Qualified Caterer License [Simpson]

After a Public Hearing without further Council or public discussion the application was voted on and the hearing was closed.

VOTE: 7 Yeas – 0 Nays

163-06 Order to Adopt Clarification to Comprehensive Plan [Christy]

(Joint Public Hearing with Comprehensive Plan Update Committee in attendance)

Carol Billington the Chair of the Comprehensive Planning Committee explained the inconsistency that the state referenced. This issue was regarding the plans reference that the town would like a town beach at the end of Northeast Road. State law prohibits bodily contact in the lower bay of Sebago Lake. Since that is the law our plan requesting a beach at that location becomes inconsistent. She explained that there were several meetings regarding this and the Committee changed the wording to make it comply with the states requirements. She noted that wording was also included to encourage that a beach be developed outside the 2-mile limit.

She said that the wording was forwarded to the state and the Committee has been given assurance that the new wording would be consistent with state law.

Councilor Simpson noted that this was the only significant request the state had but noted in the report there was comments from other departments that would like to see made. He asked if the committee would review those issues.

Carol Billington said that the Committee discussed it but decided to take this issue by itself. Some of the other items are minor and some are rather technical. The additional items will be taken up by the Comprehensive Plan Advisory Committee that the Council will appoint.

After a Public Hearing without further Council or public discussion the order was voted on and the hearing was closed.

VOTE: 7 Yeas - 0 Nays

164-06 Emergency Moratorium Amendment to Standish Town Code, Chapter 181, Land Use, Part 5, Historic Preservation [Christy]

Chair Christy explained that on November 5, 2002 this ordinance was ratified by the voters. After one year the Council would then have the opportunity to review and amend the ordinance. He said that four years have passed since the enactment and during that time there has been conversation regrinding the effectiveness of this ordinance. He said that it was his opinion that it is a big task and they are faced with three choices: 1) Ignore the issue as it stands right now and keep the present ordinance, he said in the four years that it has been in effect there has been one application; 2) Rescind the present ordinance, he said that he was not in favor of that because then there would be no protection for what we have there; 3) Revisit the present ordinance comparing it with the Comprehensive Plan recommendations. He said that he would like to see an inventory of all historic locations in Town. He said that he would like to see the Moratorium put in place not to exceed 180 days, form a committee consisting of interested persons to look at the issues. He said that the Council will act on the committee’s recommendations or send it to vote.

Dana Edgecomb of Boundary Road noted that the he had cataloged the graveyards in Standish. He said that it was his opinion that since the ordinance was adopted by referendum it was wrong to throw it out. He said that it’s like telling us that our vote doesn’t count because the government knows better than we do. He said that he didn’t agree with that idea. He went on to say that he didn’t believe that that there was an emergency that exists to allow for the moratorium. He said that this would throw out the vote of the people.

Wayne Newbegin of Harmon’s Beach Road said that he questioned the makeup of the commission. He recommended that the committee consist of people that are not directly involved with the issue.

Robert Hall of Oak Hill Road said that he supported the Moratorium because it would give people the opportunity to do want they want to do with their property.

Burns Cameron of Bonny Eagle Road and Chair of the Historic Commission said that the Commission is

worried about the ordinance for a couple of reasons. One being last fall, they sent a letter to the Town

Manager asking that the Manager have the Code Enforcement Officer inspect the roof at the

Hartford House. Burns Cameron noted that the Manager responded to him that that the condition of

the roof is not within their purview. He said that right there he thought that there was a problem

with the ordinance. He said that the Commission wanted a number of items in Town to be part of the

historic inventory of the Town. He said that he would like to see more in the ordnance, to see more

teeth in the ordinance for the Commission as far as their authority, and he wanted to see the $200

application fee abolished.

Tom Childs of Blake Road said that the people voted in this ordinance and should vote on a referendum on it. He noted that Standish has a lot more history than what is on the National Historic Register.

Bill Orr of Kerri Farms Drive asked how many private properties are involved and is there any consideration of a tax abatement while this is being done.

Chair Christy said that was discussed.

Mr. Billington said that the structures that are encompassed in the ordinance are the ones in the current ordinance. He said that the Standish Historic District was put on the Historic Register in 1993. The structures that are in the current ordinance are the ones that are here and no others are added to this.

Peter Beigel of Ossipee Trail said that there are two properties that have been for sale for a long time and he would hate to see those locked up any longer. He noted that older home go down hill so fast that sitting vacant for six months would be unfortunate. He said that the Hartford House has a whole in the roof and he can’t imagine what the inside looks like now. He said that those houses are under contract for commercial development and now we do have the ordinance in place that will guide that. He said that we also have the village ordinance which he thought goes a long way depending on how’s its interpreted and it talks about compatible development. He said that he was against the Moratorium because he didn’t think that gives anything except a hardship for those property owners. He said that he thought that the Historic District was the foundation of the village an if that gets torn apart then we’ll have nothing.

Wayne Newbegin asked if the ownership would be frozen for six months.

Mr. Billington said that ownership or the ability to repair a building would not be affected. The only thing that this ordinance calls for is that demolition or permanent major structural alterations during the period of the Moratorium.

Dave Thomas of Thomas Road said that one of the things that is pushing this is the situation with the courts and personal money involved. He said that he believes the town through the survey wants to maintain a rural character and establish land trusts. He thought that there must be a way for the town to assume the cost of the property and then put it out to referendum to see if the town’s people want to become part of the Historical Society. He said if you don’t turn around and sell it. He said don’t put the person who owns the property at a disadvantage.

Jay Beedle of Oak Ridge Drive said he likes the idea of defining in a better way regarding the historic resources that are in the Town and that goes across the board.

Burns Cameron of Bonny Eagle Road said that he received a call from a gentleman that has the Hartford House under contract.

Lu Bauer of Middle Jam Road was puzzled as to why the existing ordinance has to be rescinded in order to get this ad-hoc committee working on the changes. She said that the changes sound interesting but she was concerned about deleting something before we have something better to replace it. She asked if there was a statutory reason that it had to be rescinded at the same time and bringing in the committee.

Chair Christy said that there are two different things – the Moratorium and the rescinding. He said that the Moratorium is protection.

Lu Bauer said that we are rescinding a ordinance that the people voted in without having anything to replace it with. She said that she didn’t thing that was a good idea.

Richard Rudolph of River Road said that he would follow-up on what Lu Bauer was talking about. He said that Mr. Christy had started the evening talking about three different options, he went on to say that it was his opinion that there was a fourth option which Lu alluded to. Which is to simply keep the existing ordinance and create a committee to look at the larger issues that were raised by the Comprehensive Plan Committee and look into incentives. He seem to think that it is much wiser to set up a committee with a time certain to report; and then if the Town Council feels that doesn’t do the job then bring to back to see if there is a need to rescind the existing ordinance. He said that he didn’t think that there is a need for a Moratorium because the existing ordinance does provide protection.

Isabel Higgins of Bonny Eagle Road said that she supported the Councils actions to place a Moratorium on the Historic District development and repeal the ordinance and start from scratch. She said that she and her husband are taking a huge leap of faith. She said that this action is what they had hoped would take place back in February or March. It would have saved a lot of time and money not to mention sleepless nights. She said that the fact that Council has now come to this point gives credence to the fact that this Historic Ordinance is not a good fit for Standish. She said that while they are within a month of possibly being able to move forward with the project to move and preserve her late father-in-laws home they feel that repealing the ordinance and starting over again is the right thing to do. She said that this is not just a question of their economic future it’s a question of the economic future of Standish.

Gus Favreau of Pequawket Trail said he served on the Comprehensive Plan Committee and with all due respect to the owner of the property, he thinks that they should be justly compensated for their property. He said that the same time the Comprehensive Plan Committee spent a tremendous number of hours in talking about the town centers, historical aspects about the centers and how to maintain that historical bond that has held this community together over many years. He said that there were many discussions on how buildings that are not on the historical register might be preserved. He supported Lu Bauer’s and Richards comments on maintaining the current ordinance while at the same time establishing a committee of interested people from both sides and bring in objective individuals who are not close to the situation.

Dave Thomas mentioned that jobs in the town. He said that right now the there is a tremendous effort to build a community center in a very small part of our industrial zone. He said that to him that is exactly the wrong thing to do.

George McNeil of Manchester Road said that there has been a lot of debate about jobs versus historic preservation. He said that is an unfortunate playing off of the issues against one another. He said that there is a lot of evidence that historic preservation ultimately raises property values. He compared the location of Union Station area and the Old Port area. He said having listened to everything that has been said it sounds that we are closed to consensus on one issue and that is that historic preservation is important and that the buildings in the town center in the Historic Register are worth saving. He said the question is how, but the Moratorium at this time is needed to protect these places. He said that we have something in place that while being controversial has worked tolerably well for four years. He said that the ordinance does need tweaking—there have been some wonderful ideas such as tax abatements for people whose properties are in the Historical District. He thought that the idea of town ownership of open space an other valuable assets are wonderful ideas. He said that what worries him was that a 180 day moratorium will go quickly. If the ordinance is rescinded we will have no protection at all. He said that he found it hard to justify rescinding the ordinance. He said that the same purposes could be accomplished by keeping it intact and having people work on how can we improve it.

Lu Bauer said that she liked the idea of the ad-hoc committee since there are major things to be considered. The committee concept will really bring it forth and saying we want the best that we can possibly do. She said that she supported the committee idea but didn’t support rescinding the ordinance.

Kenneth Brooks of River Road asked what the Committee was to do with the pending application.

Paul Niehaus of Richville Road said that he supported the Moratorium Ordinance. He said that it is a good idea because the current ordinance is flawed and it needs to be started from scratch. He said that is most flawed is right at the beginning. He cited the US and Maine Constitution’s and explained his opinion regarding the ordinance not being compliant with these documents. He said that it was his opinion that people should be justly compensated for their property.

Marc Lindberg of Blake Road said that there are a lot of encumbrances place on the property owners. He said that he hasn’t heard anybody offering resources in order to comply with what is being asked of them.

Dana Edgecomb said that he wanted to respond to the constitutionality of this. He said that it is ironic that people think they can put a zoning code on him and tell him what he can do with his property. But when he wants to say something about what you do with yours, he can’t do it.

The Council took a five minute break.

Councilor Stack said that he had a concern that has been elevated due to comments that had been made with regard to the historic recourses referenced in paragraph (d). He said it defines it as a historic resource located in the Standish Village area shall be considered as any structure within the Standish Tax Assessor’s Map 10 that is listed on the National Register of Historic Places. He said that he was concerned that by rescinding the ordinance you are removing the District. He asked how many buildings in the district would be left on the National Register of Historic Places.

Mr. Billington said that they all are. He said that the Standish Historic District is was placed on the National Register in 1993 by Council order.

Councilor Stack said that his concern in is that District will be eliminated when we rescind the ordinance.

Mr. Billington said that it would not eliminate the National Historic Register designation of those buildings. He said that in 1993 it included 5 buildings but did not include the current burnt out building.

Councilor Stack said that according to this any building that is not on the register can be altered. He said that he wanted to make sure that the Moratorium will cover each building in the District.

Councilor Biegel said that just because a building is on the National Register it doesn’t give you local protection. She said that many people at conferences have told her that Standish is lucky that we have an ordinance to protect that resource.

Councilor Stack said that the more he looks at it there are only two houses on the Register and then there is the District. If you rescind the ordinance then you rescind the District. He said that he didn’t think the Moratorium will do what you area saying it will do.

Mr. Billington said that the state is the only entity that can forward a request for something to be placed on the National Register.

Councilor Biegle said that then Lou is correct not all the houses up there would be protected if the ordinance is rescinded.

Councilor Pomerleau said that he was confused by the information tonight. He thought that this needs to be tabled to workshop. He was under the assumption that if was rescinded this tonight that the people that were in the district could opt out of this and get on with their lives.

Kenneth Brooks asked what would happen with the application that they are currently working on.

Ann Farrar said that Mr. Billington is talking about a map that includes certain buildings that was passed in 1993. Councilor Stack is refereeing to the ordinance of 2002. She said that if we are going to talk about this you need to outline the properties by name. She said that she is confused.

Councilor Biegel asked to make an alternative amendment.

Chair Christy said that there is an amendment on the table now.

Councilor Stack said the reason that he put out this amendment it appears that if you read section (d) we are including all the structures but it does not.

Councilor Pomerleau asked if this is approved the owners can’t do anything with the property.

Mr. Billington said that they can’t demolish or significantly alter the building.

Chair Christy said that we have to have faith that the Commission will come in with an ordinance that we can all work with.

Councilor Biegel said that what she is hearing is that we have a few problems regarding buyer beware, there are also concerns from a Commission member regarding a pending judges decision, and an awesome idea from the public which is keep things intact and fix what we have. She said that is what she would like to see take place.

Councilor Simpson said that he seconded the motion to get it on the floor to discuss it. He went on to say that after reading and what he has heard the order as it is written covers what we are trying to cover.

Councilor Pomerleau said that if we are going to start from square one with a level playing field why are we making certain landowners stay in the District. Why aren’t we letting them opt out and when the new ordinance comes in let choose to opt back in.

Moved by Stack Seconded by Simpson and Voted to amend the Ordinance as follows:

D. A historic resource located in the Standish Village area shall be considered as any structure within the Standish Tax Assessor’s Map 10 that is listed on the National Register of Historic Places. He said that he was concerned that by rescinding the ordinance you are removing the District. He asked how many building in the district would be left on the National Register of Historic Places.

D. A historic resource defined as those structures listed in the current Historic District as defined in Attachment 181 2:1 (2 Yeas - 4 Nays, Christy, Pomerleau, Simpson, and Spencer– Abstain, Edwards

Councilor Biegel said that she is a member of the Ordinance Committee and in July they invited Burns Cameron the Chair of the Historic Commission to speak with them regarding the ordinance. She said that from that meeting they learned that fees were ridiculous-eliminate the fees and put some teeth in the ordinance. She said from there a very simple meeting we have done this quantum leap without any real opportunity to discuss anything to this Moratorium. She said in the meantime, she has been trying to read everything that she can, talk to different towns to see what they are doing. She said what she had found is that our ordinance may have a few problems such as fees and no teeth and rearranging the Commission so that it actually functions. She said that the ordinance does not seem to be too bad. She said that we’ve heard from the public that there should be a opt out clause. She has heard from Roxanne Efflin of Maine Preservation and an opt out clause is unheard of. We’ve heard that it should optional but there is not an opt out for any other ordinance. She said that some of these basic questions that we keep coming up with that seem to behind the moratorium proposal if you look at historical ordnances across the country don’t have things that we are talking about. She said that’s why she thinks that more than ever it’s important to have more than two sides that are having a hard time that we get an outside view from a committee of people that are truly interested in making this work. If someone is truly interested they would have the property owners and the communities’ interest at heart. She said that she is hearing problems already with the ordinance just from the mechanical view based on the judge’s decision plus other concerns. She said to go on with this moratorium didn’t make sense. She said that it is poor public policy.

Chair Christy questioned if the poor public policy was from both sides.

Councilor Biegel said that it was the Moratorium. She said that she agreed that we can get everyone together and discuss things and to work to fine tune a good ordinance for everybody. She said that she didn’t think that you had to throw everything out to do that. She said that we have a basis right now that would allow the Commission to hear the application that is pending. It will still allow people to bring other applications to the Commission if something comes up in the six month period.

Councilor Pomerleau said that if this Council truly wants to see property owners rights and interests protected he didn’t understand if you choose to get into the District you should be able to choose to get out. He said that he would offer an amendment to this to allow any land owner to opt out within thirty days.

Chair Christy said that he sincerely believed that we need a Moratorium to look at this very carefully. He said that he didn’t know of any project in that area that would fowl-up someone’s plans. If we start putting conditions on the Committee the committee will not look at it will not come in with a solid recommendation. He said that he would favor a Moratorium.

Councilor Spencer said that let’s have faith that the new committee will come up with a plan that will enhance Standish.

Moved by Stack Seconded by Simpson and Voted to amend the order as follows:

E. The CEO shall use the Secretary of the Interior's Standards for Rehabilitation as guidelines in making decisions when considering an application for new construction, alteration, repair, or restoration of a historic resource.

Councilor Stack said that the reason that he is offering this is because this wording sets the standard for alterations if approved.

VOTE ON AMENDMENT: 7 Yeas – 0 Nays

Councilor Beigel offered an amendment to not approve the Moratorium, keep the current Ordnance in place, and establish a committee that will review the current ordinance.

Moved by Beigel Seconded by Stack and Voted to amend the order as follows:

ORDERED that Chapter 181, Part 5 and 181 Attachment 2:1 is hereby rescinded in its entirety and replaced with a moratorium on any residential, industrial or commercial development that could permanently alter or demolish any historic resource in the Standish Village area until a new historic preservation ordinance has been crafted and put in place. The process to be followed to develop this ordinance should take into consideration the guidelines identified under the Comprehensive Plan Strategies.

~~In accordance with the provisions of MRSA Title 30-A § 4358 this moratorium shall last for up to 180 days. Accordingly,~~

The Town of Standish hereby ORDAINS the following emergency amendments to the Standish Town Code effective immediately upon adoption and stand automatically repealed as of the 91st day following adoption:

~~The Land Use Ordinance of the Town of Standish shall be amended as follows (additions are underlined and deletions are Struck out.~~

~~Delete Chapter 181, Part 5 and 181 Attachment 2:1 in its entirety~~

~~Part 5, Historic Preservation~~

~~§ 181-127. Moratorium on Development of Standish Village Historic Resources~~

A. The Code Enforcement Officer (CEO) shall not accept an application, nor issue a building permit, nor shall the Planning Board consider any application for development of any parcel that would lead to the permanent demolition or significant alteration of a historic resource located in the Standish Village area.

~~B. The CEO shall make the first determination of whether a building permit or parcel development could impact a historic resource as described below.~~

~~C. An automatic appeal of the CEO’s decision to the Zoning Board of Appeals shall be allowed.~~

~~D. A historic resource located in the Standish Village area shall be considered as any structure within the Standish Tax Assessor’s Map 10 that is listed on the National Register of Historic Places.~~

After discussion of this motion is was deemed out of order.

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

Any land owner presently in the Standish Historic District may opt out of the Historic District effective immediately.

Councilor Pomerleau said that we keep talking about a leap of faith. He said we ought to give the land owners who pay the taxes an opportunity to decide their own leap of faith instead of us saying trust us that we are going to do this.

Councilor Stack asked if that would include any property that was purchased while it was in the Historic District.

Councilor Pomerleau said if we are going to start with new rules everyone should be able to choose.

Chair Christy said that the job that needs to be done can be done in 180 days.

Councilor Pomerleau asked what would make you want to have people stay in this for six months and not let them choose.

Dave Thomas asked if the public could speak on this.

Chair Christy said that Council procedure doesn’t allow it at this time.

VOTE ON AMENDMENT: 1 Yeas - 6 Nays, Biegle, Christy, Edwards, Simpson, Spencer and Stack.

VOTE ON ORDER AS AMENDED: 5 Yeas - 1 Nay, Biegel – 1 Abstain, Edwards

165-06 Emergency Amendment to Standish Town Code – General Assistance Ordinance [Christy]

Chair Christy noted that this was a item that is reviewed on a yearly basis.

After a Public Hearing without further Council or public discussion the ordinance was voted on and the hearing was closed.

VOTE: 7 Yeas – 0 Nays

COMMITTEE REPORTS

Frank Holcomb of the Public Safety Committee updated the Council on the Health and Safety Fair that was held in conjunction with the Fire Department in October. There were over100 t-shirts that were given away, 100 bike helmets, 200 pumpkins, and other items. There were local business that donated funds towards the event. In addition, several committee and Council members donated monies to help fund the eight bikes that were given away. He said that at this time they broke even. He thanked the Council for their support.

Councilor Stack explained that last Thursday he attended a meeting in Hiram regarding the Route 113 Corridor Commission meeting. He noted that they are concerned with Route 113 being designated as a scenic byway. One of the concerns/comments was in respect to the terminus. He said that they had thought that it would start at Two Trails. The suggestion was that is should start in Cornish. He said that he made it known to them that Standish probably wouldn’t agree with that, Standish had the Public Library in Steep Falls and other places that would lend it to be a scenic byway. He explained that there will be posters notifying the public of a forum held at Stone Mountain in Brownfield on December 6. The Committee is also interested in contacting artists that are making a living with their art in Standish. People can contact him or Councilor Pomerleau for their name to be forwarded to the committee.

Councilor Simpson said that the finances of the Town are in good shape. He wanted to make sure that everyone checked their tax bills to make confirm that the homestead exemption is on their bill.

Councilor Simpson noted that Roger Mosley will be visiting schools providing a recycling educational program. The calendars will be out before the end of the year.

Roger Mosley said that he will be at the George E. Jack School tomorrow and Edna Libby School on Thursday.

Councilor Pomerleau said that the new plow truck will be delivered in two months. It is at the dealership but needs equipment installed.

CONSENT CALENDAR

There were no consent items at this meeting.

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.

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

This item remained on the table.

166-06 Amend to Standish Town Code, Chapter 181 Land Use, Part 5 Historic Preservation (Introduction) [Christy]

Kenn Brooks of River Road and a member of the Historic Preservation Committee asked for a point of order for them to consider the court issue that is pending.

Mr. Billington said that they have a legal opinion that the remanding is moot since the ordinance has been rescinded.

Dana Edgecomb of Boundary Road said that item “c” needs to be clarified. It was his opinion that it should say if it’s requested because if it’s denied and the person didn’t want to pursue it, they would still have to.

Moved by Spencer to add Councilor Stack’s amendment to this order.

Dave Thomas questioned the public being able to talk to the amendment.

Chair Christy asked Councilor Simpson to explain his earlier comment on this

Councilor Simpson said that in the past, the council is allowed to put on any amendments and the public can discuss it. Once public discussion is closed and it is further amended the public is not allowed to discuss it.

Chair Christy offered Dave Thomas the opportunity to speak.

Moved by Spencer Seconded Biegel and Voted to amend by adding the following:

VOTE ON ORDER AS AMENDED: 7 Yeas – 0 Nays

167-06 Town Council Appointment to Historical Committee [Christy]

Moved by Simpson Seconded by Spencer to add three citizen members to the Committee.

Isabel Higgins said that she was concerned with that large of a committee being able to get the work done.

Chair Christy said that the committee will be split up to work on various parts of the ordinance.

Councilor Pomerleau wanted to change the amendment to an odd number to help with the voting of the committee.

Councilor Simpson said that it was his opinion that on an even numbered committee they would have to work towards compromise.

Moved by Simpson Seconded by Spencer and Voted to add three citizen members to the Committee. (Unanimous)

VOTE ON ORDER AS AMENDED: 7 Yeas – 0 Nays

168-06 Authorize Contract for Architectural Services [Spencer]

Councilor Spencer said that there has been money held in a reserve account for a community center. She said that a site has been purchased it is time for the next step of hiring an architect. She said that the Council has seen the plan and have had a chance to discuss the plan. She said that she was asking for their support on this.

Wayne Newbegin said that he had concerns about this with the $70,000 coming out of his tax dollars and going to an out of state firm. He wanted the Council to consider this on future bids to help our businesses and not some business in Massachusetts.

Dave Thomas said that he stood corrected that the land for the Community Building in not in an industrial zone. He said that it does not change the fact that we need zoning for jobs in Town. Also, it doesn’t change the wishes for protecting the environment, keeping things the way they are and persevering the rural character. He said that he doesn’t see where the town asked us to move forward with a community center first. He said that he thought that we are spending our money before we have our priorities straight. He said he wants the Recreation Committee to have the things that they need. He said that we need money to buy property that we want to protect and put into land trust. He said that’s first, the community center can be put off.

William Orr of Kerri Farms Road said that it was his opinion that a step was omitted from this process. He said that we are spending $70,000 on something that has never been a referendum. If it goes to referendum it may be voted down and this $70,000 goes to waste. He said that the source of this money is the selling of the town’s assets that has been diverted into this fund without any input. He said that he hoped that this would be voted down and go to referendum prior to any expenditure’s for this purpose.

Tom Childs of Blake Road said that he was opposed to hiring a architectural firm to design a new community center. He said that the money would be spent hiring them to tell us how we might be able to augment some of the historic buildings which could be purchased and used as a community center in lieu of building something that is brand new.

Councilor Spencer said that the reason that they selected the out-of-state firm. Six firms’ submitted bids and the other firms had never built a community center and had no experience in what we wanted. She said that they chose the one that they thought would give them what they were looking for. She said that the firm hires all in state contractors. She said as far as using other buildings in town, she said that there is nothing in town that would offer the parking, the availability for the programs that they want without a lot of money to remodel and then maybe not have what we are looking for.

Councilor Simpson said that he has four contractors that he uses in the conceptual design and ultimately in the final design are all Maine firms.

Wayne Newbegin asked what the total estimated cost of the project was.

Councilor Simpson said that without a conceptual design that we approve we have no idea what the cost would be. He said that in June or July the cost will be known and the public will be made aware exactly how much it will be and how we will pay for it before it goes to referendum. He said that right now we have no idea because we have no concept of what is going to be built.

William Orr said is that you may need a concept design to have that building voted on you don’t need a concept design to have the people decide if they want it or not. He said that a referendum should be a precursor of any design.

Councilor Pomerleau said that he had some concerns that we are spending $70,000 without going out to referendum. He said that he was amazed. He said are we going to give $70,000 to the people that don’t support this. He said that they will put a building together then go around town and promote the building. He asked if every cent that we are spending is going to be on supporting the project. He said that we should have put an amount in for an engineering firm and had the voters vote on it. He said to now come forward a $70,000 plan, he went on to say that is more than we paid in raises. He said that at budget time we sit here and cry over $100 and here we will spend $70,000 at a drop of a hat on something that has never been voted on. He said that he has a book from the company and we keep saying that we don’t know what the price will be but this has many costs outlined. He said that he didn’t understand why we can’t go out to the voters with this information. He said everything is broken down right here so why do we have to spend $70,000.

Councilor Spencer said that is only a hypothetical project. She said that we haven’t sat down with him yet to design. She said that you have to spend a certain amount to see if it is even feasible.

Councilor Pomerleau said that he was nervous about spending $70,000 on this. He said that this should have been in a budget plan because everyone knew that we would have to hire a architect.

Chair Christy said that the presentation was made and more will follow. He said that it’s like a house being built plans are made up but then there are changes in the plan. He said that he didn’t know how it can be done without a conceptual plan to go by.

Councilor Edwards said that the presentations the architect firm will do is not to promote their building but to educate the public as to what they want and what is needed. She said that a community center is supposed to bring the community together. She said that if this building is built it will.

Councilor Biegel asked about the survey that was going to be completed about the existing facilities. This would include what there is and how it is being used.

Linda Brooks said that would be the next part of the process to see what direction we are headed.

Councilor Stack said that he would not be voting for this order. He said that some people may think that it is premature to vote against the community center prior to acquiring preliminary plans and cost estimates. He said that he saw enough at the workshop to know that this project and the proposed facility will have too high a price tag. He said to continue down the road to a six or eight million dollar project whether done in phases or not is wrong. He said that there is some demonstrated support for this facility and the committee has put forth untold hours to bring the project to this point and he commended them for their devotion. He said that he saw this facility as something nice to have rather than something that is necessary. He said that there are a number of people in town who are struggling to pay their taxes and there are a number of currently available facilities from gyms to community and a pool. There are a number of necessary facilities on the horizon for the town such as the expansion of town hall, fire stations perhaps in Standish Neck and South Standish, a town beach on Sebago Lake, and the usual necessary roads and equipment. He went on to note that he had some comments on the contract in the event that the order does pass. He brought their attention to the signature page of the contract. He said that the first sentence says ……this has been made in good faith and collusion….. He said that he didn’t think that it read right. It should say without collusion or fraud. He questioned about the contract referring to federal laws when there is no federal money involved.

Joel Bargmann of Bargmann Hendrie + Archetype, Inc. said that there are several federal laws that are carried in that umbrella, Americans with Disabilities Act, any fair access acts. He said if you get certain federal funds later they come with requirements.

Councilor Stack referred to Appendix B, he said that he totaled the tasks and he comes up with $77,500 and the form shows $77,000. Another issue is under Task 6 it shows $15,000 for that but if you look at the items it totals up to $22,500. He said that he would like to have that explained.

Joel Bargmann said that it appears that you have a combination of earlier documents. He said that two page must have gotten collated. He said that it is the $15,000, the higher number is referring to a series options that were negotiated out. He said that there were a menu of items that they could pick and choose from.

Councilor Stack asked what is included in Task 6 for $15,000.

Joel Bargmann said that the items in Task 6 are things that the Town may ask to have help with the educational process. He said that they are not committed to spending all of that money. There is a menu of items that the Town can choose they can spend up to $15,000 but they don’t have to spend any money. He said that there is a series of options that are at the discretion of the Committee. An estimate of expenditures is available and they are not fixed items.

Chair Christy asked that if the items in Task 6 $15,000 for project collaterals is not used is it subtracted from the $70,000?

Joel Bargmann said that the community can use up to $15,000 for these items but it could be less.

Councilor Pomerleau asked who would decide on what items are picked.

Joel Bargmann said the committee would decide. He said that they were given a number of options and will decide on what they need.

Chair Christy asked Councilor Spencer if the $15,000 is what the Committee needed or can it be scaled back.

Councilor Spencer said that it could be scaled back.

Chair Christy asked what the appropriate amount, he asked if the $15,000 could be removed.