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Town Council Meeting Minutes 01/09/2007
DRAFT – MINUTES ARE NOT OFFICIAL UNTIL APPROVED BY THE TOWN COUNCIL – DRAFT



MINUTES
TOWN COUNCIL MEETING
STANDISH, MAINE
TUESDAY, JANUARY 9, 2007
STANDISH MUNICIPAL CENTER 7:00 PM

CALL TO ORDER
The meeting was called to order by Chair Christy and Pledge of Allegiance was recited.

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

Moved by Stack Seconded by Pomerleau and Voted to Moved order 2-07 to this portion of the agenda. (Unanimous)

2-07 Resolution Expressing Gratitude for Richard “Baldy” Tompson Years of Service to the Town of Standish [Stack]

Vice Chair Stack thanked all that were present and opened the discussion to the public.

Bill Orr of Kerri Farms Drive thanked the Council for taking the time to honor Baldy Tompson in this manner.  He said that he first met Baldy when Mr. Orr moved to Standish and one of the first memories was Baldy having a discussion with a former Town Manager regarding taxes.  Mr. Orr said Baldy had a very special relationship with the people of Standish.  He went on to say that he served them well during his time working for the town.  He said that their friendship grew and they spent hours driving through the town, he was a great tour guide and it was apparent that he loved this town very much.  Baldy was an original man.  He did his own thinking; but, he didn’t waste a minute to set you straight.  He would always listen.  He worked hard to advance and achieve his goals in the town.   Baldy was a good friend and do anything that was ever asked of him.  He will be missed by all that knew him.

Representative Gary Moore thanked the Council for inviting him to this meeting this evening.  He said that he was happy to see so many of Baldy’s family members here this evening.  He went on to say that it was a great pleasure for him today, at the end of the day, to have Baldy recognized by the legislature with the memoriam that they did honoring him.  Gary Moore said it gave him the opportunity to recognize a wonderful neighbor and a great friend.  Representative Moore explained that several years ago when he first moved to town Baldy built a house next door to him.  He was a great neighbor and a wonderful friend.  He said that Baldy never minced words or failed to set him straight.  He also never failed to offer to plow the driveway or haul logs up back, Baldy was great like that, he’d help with the gardens.   He would always ask if there was anything that he could do.  He said that over the years they became good friend and got to know Baldy’s sons.  Representative Moore said that Baldy did a lot for the community; he made it a nice place to live.  We miss him.  He said that it was an honor to sponsor a sentiment on Baldy’s behalf.  Representative Moore then asked Eva and Lance Tompson up to the podium while he read the sentiment.  A copy of the sentiment is on file at the Town Clerk’s Office.

Eva Tompson said that she wanted to thank everybody tonight.  She said that Baldy loved this town.  She said that he pushed her in every direction to serve the town.  She said that she may have said it a little softly at times but the message was from both of them.  She said that there has always been controversy in the town but there was never any doubt that Baldy loved and served the town well.   She said that he was her mentor and her best friend.  

Vice Chair Stack read a few words from Dolly Lymburner a copy of which is on file at the Town Clerk’ s Office.
The Clerk read notes from former town manager Scott Cole a copy of which is on file at the Town Clerk’s Office.

Vice Chair Stack said he had a few remarks.  He said that there only a few people that can be recognized by one name.  On an international basis;  Ali, Cher, Madonna and the Babe.  Closer to home in Standish we have our own icons; Rupe, Elmer and the man we are remembering tonight, Baldy.   No one of our generation has to  hear the last name of these three men.  For each of us the names conger up images we hold in our minds and hearts of the events and experienced we shared with them.   He said that he got to know Baldy a few short years ago.  He said that they got along very well in their conversations.  He said that Baldy was a good talker and Lou said of himself, he was a good listener.  He said that Baldy loved to talk of his life of the farm, building houses and his experience with one particular banker.  Baldy had told him a story about retuning from the Navy he needed a small amount of money to build his first house.   Baldy made an appointment with a local banker in Gorham.  The banker kept Baldy waiting for more than a few minutes while he read the morning paper.  Finally the banker looked over the paper and asked Baldy what he wanted.  Baldy told the banker that he was from Standish and needed a certain amount of money to build a home there.   The Banker replied that there was nothing in the Town of Standish worth that kind of money and returned to reading his paper.  Undaunted, Baldy started the house with the little money he had.  He worked on it as money allowed.  He finished the house without borrowing a penny.  He never took a loan out for any of the houses that he built.  A lesson from the school of hard knocks that he never forgot.   Councilor Stack said another story was that Baldy had Lou check out his garden one day.  Lou asked Baldy where were all the weeds?  Lou said Baldy responded “we don’t allow weeds.”   Councilor Stack went on to say that everyone becomes blessed in their life by meeting people, besides their folks, who inspire them.   Councilor Stack said that he had been inspired from his father-in-law who instilled honesty and fairness.  From Rupert Johnson who inspired teamwork and a winning attitude.  He went on to say that Baldy inspired him to think in a frugal manner and speak out on issues.    He noted that Baldy was a generous man not only with money and material things but with his time.  He went on to say that a friend died the other day but it will be a long tin before he goes away.

VOTE ON RESOLUTION: 5 Yeas- 0 Nays

Vice Chair Stack asked for unanimous consent to add an order to the agenda regarding a Massage Therapist License.  Order 7-07 was added to the agenda by unanimous consent

7-07 Approve Massage Therapist License [Stack]

VOTE: 5 Yeas – 0 Nays

Moved by Pomerleau Seconded by Simpson and Voted to take a five-minute break while audience members left the meeting.  (Unanimous)

Moved by Pomerleau Seconded by Simpson and Voted to resume the Council Meeting.  (Unanimous)

MINUTES OF PREVIOUS MEETING (S)
The minutes from the December 12 meeting were accepted as present by unanimous consent.

PETITIONS AND COMMUNICATIONS
Vice Chair Stack noted that there were no petitions or communications to be presented at this meeting.

REPORT OF THE TOWN MANAGER
Manager’s update included:
He noted that he was recently visited by Conrad Welzel, Government Relations Representative of the Maine Turnpike Authority.  Mr. Wetzel briefed him on the concept of a spur from the Turnpike exit near the airport through to Gorham to connect with the proposed Gorham by-pass. He has offered to share the concept with the Roadway Planning Committee at a future date. Such a connection could have a significant impact on Route 25 and Standish.
Mr. Billington said at the December Council Meeting the Council approved the placement of signs for each of the three villages to ask truckers to refrain from using engine breaks while driving through the villages. Those signs are now in place. They say “Drivers Please No Engine Brakes Thru Village Thank You.”
He explained that the recently adopted Comprehensive Plan for the Town of Standish calls for several growth management initiatives. One of those is the creation of a master plan for the development of Standish Village. At the November workshop the Council recommended that we advertise a Request for Proposals for a services contract for the effort. He said that we did advertise and have received six proposals. The Comp Plan Advisory Committee will evaluate the proposals this week and decide on a process to make a recommendation for award of contract. I would expect that an interview process will be included and that a recommendation will be presented to the Council shortly.
Mr. Billington reminded the Council that Chair Christy read a letter to the Council last November from the State that asked us to rename the former Squaw Island which was a prohibited name. The Council had eliminated the name in 2000. The owner of the island at the time wrote a letter indicating he wanted it changed to Squawk-Not. As I read the State statute, that name would not be acceptable either. I’ve been playing phone tag with the state ever since and finally made contact yesterday with the person who wrote the letter to Councilor Christy, Bob Marvinney. He confirmed that Squawk-Not would not be acceptable. The Council will need to select a new name for the island.
Mr. Billington introduced Peter Arnemann the Tax Assessor who will do tonight’s Department Head presentation.
Peter Arnemann the Tax Assessor explained that it has been a quite year in the Assessing Department.    He noted that the revaluation was a couple of years out and things have quieted down from that.  He said that the sales of properties have slowed down.  He said surprisingly the prices that proprietors continue to bring in Standish are rarely less than the assessed value particularly if they’re shore froont properties.  He noted that is why they have made incremental adjustments to the assessments the past couple of years.  He said that one of the reasons for doing that is so the exemptions reflect 100% of the market value. He explained the various exemptions and reminded residents to look into the homestead exemption and encouraged people to file for this exemption.  He noted that the Governor is developing a plan to freeze the assessment on long term residents.  He said that he was glad to see that something is being done regarding this issue.  He reminded residents that many of the forms that he discussed tonight are available on the town’s web site.

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

Councilor Biegel said she wanted clarification on this order.  She asked how this affected the Emergency Ordinance that was adopted in November.

Mr. Billington explained that the Emergency Moratorium expires after ninety days.  This is the normal enactment of that ordinance change.  This continues the process until such time as the committee that was appointed by the Town Council brings forward their recommendations.  

Councilor Biegel said that if for some reason this did not pass is the Historic District Ordinance in place.

Mr. Billington said that if this is not passed it would undo the actions of the Council on November.

George McNeil said that it was his understanding that this was taken care of back in November.  He said that didn’t see a need to reiterate it.

Vice Chair Stack said that this continues the action that was taken in November.  

Mr. Billington explained that in November there were two orders that came forward.  One was an emergency order which was passed effective immediately.  This order was introduced, first reading last month, and the final vote at the public hearing tonight.  He said that the Council has 180 days under the moratorium work on this.  The moratorium can be extended two more times for 180 days each.  He said that if four Councilors voted in opposition to this tonight it would stop the process.

Councilor Biegel said that she would like to know what the emergency was that warranted the emergency moratorium.

Vice Chair Stack read the enacting clause from the moratorium.

Councilor Biegel read from the Code Book which cited that an emergency ordinance had to be described in clear and specific terms. She went on to say that there was a legal opinion that said there had to be specific findings for the need of the moratorium and to redraft the Historical Preservation Ordinance.  She said that she is all for the ad-hoc committee to try to come up with solution on how the district can be improved.  She said that where struggles is creating or fabricating an emergency to take away the ordinance that we have in place without  knowing what the future may bring and possibly putting our village in jeopardy.   She asked that they tell her what that development pressure is that our current ordinance will not cover with the new appeals process in place.  

Mr. Billington said that discussion took place when the emergency ordinance was introduced.  He said that is not the order that is before them tonight.

Councilor Biegel said that these questions were not answered at that night and she was still was very disturbed at this.  She said that it was her opinion that as Councilors they have the responsibility if they can’t answer those questions and we vote to approve something we have some explaining to do.

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

VOTE: 5 Yeas- 0 Nays, Biegel

172-06 Amendments to Standish Town Code – General Assistance Ordinance [Christy]

Vice Chair Stack explained that this was an annual update of the schedule.

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

VOTE:  5 Yeas- 0 Nays

1-07 Application Submitted by Gerard P. Giguere, Jr. and Patricia M. Giguere dba Giguere’s Wildwood Function Center for Renewal of a State Bottle Club Registration [Stack]

Vice Chair Stack explained that this was a renewal this application.

After a Public Hearings without additional Council or public discussion the order was voted on and the hearing as closed.
VOTE:  5 Yeas- 0 Nays

COMMITTEE REPORTS
Councilor Simpson explained that recycling and solid waste figures went up just slightly over a year ago.  He said that the recycling calendars have been proofed and will be out shortly.

Councilor Simpson said that the Finance Committee has an item on the agenda tonight.  He noted that the finances of the town are solid.

Wayne Newbegin, Chair of the Roadway Planning Committee said that on January 3 they held their first business meeting.  Nine of the eleven members of the committee attended plus three citizens.  He said that they determined that they will use majority conscience on their topics of discussion.  He said that they discussed certain aspects of the Gorrill Palmer presentation as compared to the previous roadway reports.    He said that from that they came up with a priory list of what the committee will look at first.  One of the first items will be the Oak Hill/Route 25 intersection, then Routes 25/35 intersection.  Later, they will look at the widening of Route 25 and access management.   He said that these are the first four items that the committee will look at.  The committee looked at the Oak Hill/Route 25 Gorrill Palmer plan and will look at it further at the next meeting on January 17.

CONSENT CALENDAR
Vice Chair Stack announced that there were no consent items.

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

Moved by Simpson Seconded by Pomerleau and Voted to indefinitely postpone this item. (Unanimous)

185-06 Amendment to Standish Town Code Chapter 181, Land Use, Part, 1 Zoning, Article IX, Board of Appeals (First Reading) [Christy]

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

Mr. Billington explained that this gives the Zoning Board of Appeals new tools to review special exceptions.  In the past they the only two tools they had were affect not adverse and value maintained.  In looking at some future special exemptions that they may be called on to review it was felt that they needed additional tools to use.   He said that there are seven new standards that must be met for a special exemption to be granted.  

William Orr asked if these amended orders were advertised.

Mr. Billington said that public notice has been given and the Council Public Hearing will take place next month.  The Planning Board held their Public Hearing last evening which also had proper public notice.

VOTE TO MOVE THIS TO PUBLIC HEARING AT THE FEBRUARY MEETING: 5 Yeas – 0 Nays

184-06 Amendment to Standish Town Code Chapter 181, Land Use, Part, 1 Zoning, Article III, Zoning (First Reading) [Christy]

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

Mr. Billington said that we were not in compliance with state law.  This expands upon the standards that a mobile home park would have to adhere to if they were to expand.

VOTE TO MOVE THIS TO PUBLIC HEARING AT THE FEBRUARY MEETING: 5 Yeas – 0 Nays

186-06 Amendment to Standish Town Code Chapter 181, Land Use, Part, 6 Article XL, Growth Management, Article XL, Administration (First Reading) [Christy]

Moved by Simpson Seconded by Pomerleau and Voted to dispense with the Clerk’s Reading of the ordinance.  Motion failed.

Wayne Newbegin spoke on behalf of the Planning Board.  This was brought up in the Public Hearing last night, it had to do with part D and the reference to the rural area.  He said that the Comprehensive Plan asked that the building is to take place in growth areas.  He said that some of the growth areas are still in rural districts because the zoning has not been changed.  He said that if goes into effect we could be penalizing developers when they decide to build in the area that we want them to if there is a cap.  He said that the Planning Board would like to see the districts in the growth areas changed to rural residential rather than rural.

Mr. Billington said that this does not superimpose the growth areas, there is a small section where the rural residential/rural areas touch.   He said that the Ordinance Committee will discuss the zoning adjustment in the Steep Falls area.   He said that this can continue on to Public Hearing next month.  In addition, this will not take effect until July 1, 2007.

Wayne Newbegin asked how long would it take to go through the process with the Ordinance Committee.

Me. Billington said at least the ninety day process.

Councilor Edwards asked if this would affect senior housing.

Me. Billington noted that senior housing was exempt from the growth cap.

Tony Vigue asked if the was the second reading of the order.  He also noted the grammatical corrections.

Bill Orr asked if the property owners had been notified of the zoning change.

Mr. Billington said that this is not a zoning change.  He went on to say if there is a proposed change property owners will be notified.

VOTE TO MOVE THIS TO PUBLIC HEARING AT THE FEBRUARY MEETING: 5 Yeas – 0 Nays

NEW BUSINESS  
3-07 Amendment to Town of Standish Fee Schedule – EMS Fees [Simpson]

Councilor Simpson said that this will allow the charge to profit groups $25 for the use of Station 3 Fire Station.  Not-for-Profit organizations will not be charged.  He EMS changes follow what Medicare will cover for EMS services.

VOTE: 5 Yeas – 0 Nays

4-07 Authorize Standish Sno-Seekers to Utilize the Town of Standish Right-of-Way at the Boat Launch for their Trail Rally [Stack]

VOTE: 5 Yeas – 0 Nays

5-07 Authorize the Rotary Club of Sebago Lake to Utilize the Town of Standish Right-of-Way at the Boat Launch the Annual Ice Fishing Derby [Stack]

VOTE: 5 Yeas – 0 Nays

6-07 Town Council Appointment of Registrar of Voters [Stack]

VOTE: 5 Yeas – 0 Nays

PUBLIC ITEMS
Wayne Newbegin spoke about the sign on Route 35 that stated that this is the future home of the Community Center.  He said that he took offense to the sign because nobody in the town has voted that we are going to have a Community Center.  If the sign said proposed site of the of the future Community Center would be fine.  He asked that the Council to have the sign removed or the verbiage changes.

William Orr said that he agreed with Mr. Newbegin.

Councilor Pomerleau said that the Council didn’t have an order on the placement of the sign.  He said that the sign came out of a Committee that was formed by the Council.  He said that he agreed that the sign should never have been put up.   He said that the sign has never come to the Council Chambers for discussion.

Councilor Beigel said that she did receive calls regarding the sign.  The calls did reflect the discussion that has been heard tonight.

Vice Chair Stack said that he also received calls regarding this and there will be some action regarding this issue.

Wayne Newbegin asked that if it was the Recreation Committee that put up the sign, couldn’t the Council tell them to take it down.

Councilor Pomerleau said that he didn’t think the Recreation Committee had the sign installed.  He said that it might have been the Community Center Committee.  He said that it may be removed until they can meet in a workshop and have more discussion about it.  He said that he didn’t want to single out a committee.

William Orr suggested that the sign be covered until the Council has a chance to meet.

Vice Chair Stack said that there will be some action taken regarding this.

ANNOUNCEMENTS
Upcoming meetings to be announced.

EXECUTIVE SESSION (S)
An Executive Session was not needed at this meeting.

ADJOURN
Moved by Simpson seconded by Edwards and Voted to adjourn.  The meeting adjourned by unanimous consent at 8:30 pm.  

Submitted by: _________________________
Clerk/Secretary


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