DRAFT—MINUTE ARE NOT OFFICIAL UNTIL APPROVED BY THE TOWN COUNCIL--DRAFT
MINUTES
TOWN COUNCIL MEETING
STANDISH, MAINE
TUESDAY, MARCH 13, 2007
STANDISH MUNICIPAL CENTER 7:00 PM
CALL TO ORDER
Pledge of Allegiance was recited.
ROLL CALL
The meeting was called to order by Chair Christy. The roll was called by the secretary. All Councilors were present.
PETITIONS AND COMMUNICATIONS
Chair Christy noted that Senator Bill Diamond has invited Lou Stack to speak on Friday night at the Speak-out television show which is broadcast from the Windham Town Hall beginning at 7:00 pm.
MINUTES OF PREVIOUS MEETING (S)
Moved by Simpson Seconded by Spencer and Voted to approve the minutes from February 13th meeting. (Unanimous)
REPORT OF THE TOWN MANAGER
Gordon Billington explained that recycling should go to single sort May 1st. All recyclable materials can be placed in a single container with no need for sorting. He said that we’ll still use the single bullets, but the internal partitions will be removed. As we watch the program, we may go to a compacter process for all recycling in the future to reduce transportation charges.
Mr. Billington explained that limit signs have been placed for all town roads to protect them during the spring thaw. The limits will remain in effect until April 30th.
Mr. Billington announced those interested could attend the public hearing on Friday morning in Augusta regarding LD 328 Resolve, To Require an Engineering Study to Determine the Cost of Extending Rail Service from Portland to Fryeburg. It will be the second of 7 bills heard Friday morning. The hearing will be in room 126 of the State House.
Mr. Billington said that the new wheeler dump truck authorized in this year’s budget has been configured and is awaiting pick-up at the dealership in Falmouth. He said that we should take delivery within the week. It will probably not put it in service and expose it to road salt until this snow season is over.
Mr. Billington introduced Dan Hill who will present the Department Head presentation.
Dan Hill, Code Enforcement Officer explained that the first fiscal year that he worked for the town was 2002. During that year he said that he issued 12 permits for mobile homes, 84 permits for stick build homes, and 1 stick built duplex. For a total of 98 new residences. Since that time there has been a steady decline in new residences. In the fiscal year 2006, 18 mobile home permits were issued and 43 for stick built houses for a total of 61. He said that was a decline of 38% in new residences from 2002. He said a similar decline is seen across the country. He explained since 2002 he has issued permits for 417 new residences. He noted that averages 70 new residences a year. Since April 1, 2001 he said that he has issued a total of 5,569 new construction permits for decks
and other items. That averages to 928 permits per year. He said so far this year he has issued 21 permits for new residences, 19 new houses and two were for replacement houses.
Councilor Biegel said that she had some questions regarding code enforcement issues. She gave the example of cars for sale that are on town owed property, how would that be addressed?
Dan Hill said that she would have to give him a call so he would be aware of the issue.
Councilor Biegel asked him how he addressed violations of the code that he sees.
Dan Hill said that he addresses issues that he sees as violations to the code. He said that he investigates any calls that he receives.
Councilor Biegel said that traveling along Route 25; and calls that she had received regarding various issues in that area it appears that there code violations. She said that at Town Hall she was told that people have to call and complain about the violation. She said that she didn’t understand why that had to be the case.
Dan Hill said that he didn’t receive many calls regarding code violations.
Councilor Biegel said that she didn’t know where to take this conversation.
Chair Christy suggested that she call the Town Manager and report it to him and let him take care of the issue. He went on to say that some things that appear to be a violation are really not violations.
Dan Hill said that he deals with many complaints and if he sees something he will stop and speak with the people involved. He said that it is impossible to see every violation, but if he sees a violation he acts on it.
PUBLIC HEARINGS
18-07 Application Submitted by Theresa McInnis for a Massage Therapist License for Employment at New Hope Hairstyling Located at 140A Ossipee Trail East [Christy]
After a Public Hearing without Council or public discussion the application was voted on and the hearing was closed.
VOTE: 7 Yeas – 0 Nays
19-07 Application Submitted by James Para dba Standish House of Pizza for renewal of a Malt Restaurant License [Christy]
After a Public Hearing without Council or public discussion the application was voted on and the hearing was closed.
VOTE: 7 Yeas – 0 Nays
20-07 Application Submitted by Michael Baptista and Elaine Burnham dba Acres of Wildlife for renewal of a Malt, Spirituous and Vinous Campground License [Christy]
After a Public Hearing without Council or public discussion the application was voted on and the hearing was closed.
VOTE: 7 Yeas – 0 Nays
** Town of Standish Fiscal Year 2008 Budget as received by the Town Council
Town Manager, Gordon Billington noted that the budget and the audit are on the town’s web site for the public to review. He explained the towns FY 2008 budget document through a PowerPoint presentation. He announced that the hearings will start this Thursday at 4:00 pm.
Bill Orr, Chair of the Budget Committee said that the committee has been meeting for several months. He wanted to have guidance from the Council regarding their expectations of the Budget Committee. He said that the Charter is very vague regarding the duties of the Budget Committee. He said that the next meeting is on April 4; and they last met last night. He said it was his opinion that the Budget Committee is a check and balance for the town. He said that he requested copies of the audit report for the Budget Committee and was denied. He said that he didn’t understand why the Budget Committee would be denied of requested information. He said that the committee did finally get the copies that they requested.
Chair Christy said that at this time the Council has only received a copy of the budget.
Councilor Pomerleau said that he was scheduled to attend and present the capital plan to the Budget Committee on the 14th. He said he heard earlier that you rescheduled the meeting and he wasn’t informed.
Bill Orr said that at the time that the meeting was rescheduled he didn’t know that Councilor Pomerleau would be coming to the meeting. He said that he would have contacted him if he had known.
Councilor Pomerleau said that it’s not that we didn’t show-up, we just had a different date.
Chair Christy said that this is a process in place for review of the budget. After the Council reviews the budget it is then forwarded to the Budget Committee for their review.
Councilor Stack questioned the total valuation number that was increased 3.3% by the state.
Gordon Billington said that the Assessor tries to stay with the audit numbers that were established during the revaluation by keeping the valuation close to 100%. He went on to say that the Maine Revenue valuation is higher than his prediction.
Councilor Stack said that in the audit the state says the valuation is 116% and this number is on page 35 of the audit.
Mr. Billington said that he did not know where that number came from. He went to say that he would look into that issue.
Councilor Biegel asked if it was an oversight that the Budget Committee didn’t get copies.
Mr. Billington said that the Committee asked for bound copies. The Town didn’t have enough bound copies so photo copies were made and placed in their mailbox that day.
Councilor Simpson said that it was his opinion that the Charter was very explicit on the role of the Budget Committee. He said that it says that their job is to review the Councils budget. He went on to say that the Council reviews the Managers budget. He said that the Budget Committee is trying to react before we even get the budget. Councilor Simpson said that Mr. Orr had said that he sees the Committee as a check and balance – Councilor Simpson said that he did not see it that way. He said that in his opinion the Committee was not a check and balance. He said that the Council is elected by the people to do a job which included reviewing the budget and making sure that departments stay within their budget.
COMMITTEE REPORTS
Councilor Stack explained that a bill will be heard this Friday in Augusta regarding the restoration of rail service. Many towns are submitting letters of support for the engineering cost study. Gary Moore, Bill Diamond and John Richardson will be at the hearing support the issue.
Councilor Stack said that the Route 113 Corridor Commission submitted the application to the state for Route 113 being designated as a state scenic byway. The application is on the Commissioners desk for signing. Once that is approved national designation will be sought.
Councilor Stack said that the Historic Resource Committee will meet tomorrow night. The Committee is in the process of coming up with an ordinance.
Wayne Newbegin of the Roadway Committee said that the committee meetings have been well attended by both the members and public. He said that the Committee had discussed the truck ban on Cape Road. The Committee discussed the opening of that road to truck traffic to ease vehicle congestion at the Route 25/35 intersection. He said that the Committee also discussed the intersection of Route 25 and the Oak Hill Road. He said that they have come to a consensus on where they would like to put the road through from Oak Hill Road to Route 25. It was brought to their attention that a landowner may be interested in selling property that could be used in this project.
Councilor Simpson said that the budget hearings start this Thursday. He said that cash flow is strong; however, there maybe cost overruns due to the increase in hydrant and line fees for water.
Councilor Pomerleau wanted people to know of the importance of the meeting in Augusta on Friday. In Hiram, Brownfield and Baldwin applications are pending for gravel pits or quarries. If rail service was available it would eliminate hundred of trucks per day traveling through Standish Corner.
Councilor Beigel asked if Standish was sending a letter of support.
Chair Christy said that Town was sending personnel to the hearing.
Chair Christy explained that he and Councilor Stack went to a hearing last week regarding a bill that was introduced by Representative Cressey of Cornish regarding establishing a state park at the boat launch at Sebago Lake Village. He said that it was a rehash of previous bills that have been submitted. This bill was presented without input from the Town of Standish. The legislative committee said that they will not act upon the bill unless they get the go ahead from the Town.
CONSENT CALENDAR
There were no consent calendar items at this meeting.
UNFINISHED BUSINESS
There were no unfinished business items at this meeting.
NEW BUSINESS
21-07 Reconsider Council Order 16-07 Regarding Placement of Sign at Location of the Future Proposed Community Center [Spencer]
The Chair requested that the secretary read order 16-07.
Mr. Billington explained if the order is reconsidered, you have rolled the clock back one minute before the prior vote. At that point any of the procedural motions can be made, such as a motion to amend, to table or other procedural motions. At that time the public discussion period had stopped, but it can be reopened for additional public discussion. Then call for the vote on order 16-07.
Chair Christy explained for background information that the sign at the site was taken down. Discussions on the wording took place and suitable wording was chosen.
Councilor Spencer said that she had voted no so she would be able to bring the item back before them.
The Council voted unanimously to reconsider order 16-07.
Chair Christy asked for public input.
Wayne Newbegin asked about the wording on the new sign.
Chair Christy said that the wording proposed site was added to the sign.
Moved by Stack Seconded by Biegle to amend the order as follows:
WHEREAS the Standish Town Council approved an architectural services contract in November 2006 to design the facility and to develop an education program for the public so that they may make an informed vote on the project at a November 2007 referendum, now therefore be it
ORDERED that the Public Work’s Department is authorized to erect a sign at 270 Northeast Road to identify the location of the proposed future community center with the funds to purchase such sign to come from the dedicated reserve account for a future community center.
ORDERED that the Public Work’s Department is authorized to erect a sign no greater size than 6 square feet at 270 Northeast Road and located no less than 66 feet from the center line of Northeast Road or 33 feet from the center of Moody Road to identify the location of the proposed future community center with the funds to purchase such sign to come from the dedicated reserve account for a future community center.
Councilor Stack explained his rational regarding this amendment. He said that his main idea behind this is that he didn’t want to commit the next Council to having a referendum on a date certain. The second point was that it is his opinion that this sign is a temporary construction sign and should be of a certain size and placed in a certain location to abide by the Town’s ordinances.
Chair Christy questioned where the signs could be placed.
Councilor Stack said that it could be placed in either location and additional signs could be discussed.
Councilor Edwards questioned with the 33 foot setback would the sign be visible.
Councilor Pomerleau said that it would be visible.
Councilor Stack said that the lot has been stripped so you could put it anywhere and it would be visible.
Councilor Spencer said that she thought that we could put the sign 15 feet from the road.
Dan Hill said that it had to be on the property at least 15 feet back from the road.
VOTE ON ENTIRE AMENDMENT: (3 Yeas – 4 Nays, Christy, Edwards, Simpson, and Spencer)
Councilor Pomerleau said that he thought the sign should have come to the Council for approval. He said that he didn’t think that a committee had the authority to spend any monies in this manner. If they would have brought it to the Council and the wording would have been approved he would have supported it. He said that committees have to come to the Council before spending money. He then asked what the wording on the sign says.
Councilor Simpson that one word was changed that it now says proposed.
Councilor Pomerleau asked if the sign had been redone.
Councilor Spencer said that it had not been made.
Councilor Stack asked the Code Enforcement Officer if it is a temporary sign. If it is a temporary size what is allowed for the size.
The Code Enforcement Officer read the section from the Code Book regarding construction signs. The Code Enforcement Officer said that this is not a construction sign it is an informational sign.
Councilor Stack said that it was his opinion that it was a constructing sign because it is showing the anticipated development of the property. He then asked if paragraph (H) dealt with temporary or permanent signs.
Dan Hill said that it deals with permanent signs.
Councilor Stack said that then someone has applied (H) to this situation.
Dan Hill said that this sign doesn’t fit in the ordinance.
Councilor Pomerleau said that we have to decide what the size is going to be.
Chair Christy said that it this is going to be up for a short time until construction happens it’s a temporary sign.
Councilor Stack said that it was stated that a temporary sign is allow for 120 days. He then read from the Code Book which said it will be removed when it fulfilled its function.
Chair Christy said that it is clear that it is a temporary sign for a short term project.
Councilor Pomerleau said that what Lou was trying to say is that they can leave the sign up until November if they have to.
Chair Christy asked if they are only allowed one sign per property.
Dan Hill said that it is the six-square-feet it. It can be more signs as long as it meets the six-square-foot rule.
Gordon Billington said that if this is approved the Committee will have to come in with a request for a sign.
Moved by Pomerleau Seconded by Stack and Voted to designate this as a temporary sign. (5 Yeas – 2 Nays, Simpson, Spencer)
Moved by Biegel Seconded by Stack to amend as follows:
WHEREAS the Standish Town Council approved an architectural services contract in November 2006 to design the facility and to develop an education program for the public so that they may make an informed vote on the project at a November 2007 referendum, now therefore be it
Chair Christy said that the Council would take into consideration when the best time would be to put the vote out to the citizens based on the Committees recommendation.
Councilor Stack asked for clarification regarding the order noting the November 2007 referendum date.
Chair Christy said that the referendum could be postponed if the committee is not ready to bring it to the voters.
After this discussion Councilor Biegel withdrew the motion Councilor Stack withdrew his second.
VOTE ON ORDER AS AMENDED: 7 Yeas – 0 Nays
22-07 Resolution Proclaiming the Week of March 12, 2007 as Media in Democracy Week [Christy]
Chair Christy said that Tony Vigue did a great job.
Councilor Simpson said that Time Warner bought out Adelphia; did they buy our contract in total?
Gordon Billington explained that before the contract was finished we tried to get Adelphia to extend our contract because it was a very good contract, but they would not do that. He went on to say that in November of last year we notified Adelphia and Time Warner that we would go into the formal process of negotiations of a new contract. The current contact is the same contract that we had with Adelphia and they have to live by that, it includes the that anyone that lives within 300 feet of a public way has to be provided with service.
VOTE: 7 Yeas- 0 Nays
23-07 Authorize Consent Agreement – Mark Floor and James Cummings – Map 10 Lot 11 [Christy]
Chair Christy said that abutters have been notified and Mr. Floor is here to answer questions. He went on to say that consent agreements are few and far between.
Mark Floor said that he purchased the property at 225 Ossipee Trail West three years ago and immediately started the process by going through the Planning Board procedure to get a 2,000 sq ft commercial building complex. After fourteen months approval was given, but part of the approval was that they were to build a loop road around the farm house because only two entrances were allowed to that property off Route 25 due to MDOT regulations. The entrance would be restricted right-in/right-out entrance only. They set up escrow, had the third party review and proceeded to build the road according to the plan. At a certain point, they were doing an out sale of the farmhouse to fund the project for Phase II which would be the commercial project behind the farmhouse. In the morning of the day of the closing it
was discovered that the Class D survey noted that the distance between the edge of the roadway was 20.46 feet and the interpretation of the ordinance there should have been 50 feet since the road was recently created. He that is plan was reviewed by many and this was an issue that was not picked up by anyone until the Class D survey. One suggestion was to move the house, another was to obtain a variance. He said that he didn’t want to do that because of the time needed to go before the Appeals Board. He said that he did decide to go to the Zoning Board of Appeals, but the ZBA’s conciseness was that the application would be denied. He said that this was not a conscious effort to violate the ordinance. It was something that was missed by everyone that reviewed the plan. He said that he went to the engineering company and they said that when they originally made the plan out there was a 50 foot setback but MDOT wouldn’t
accept that location. They wanted it in a different location for better sighting. He said that they continually did what they were told to do. He said that he found out about the consent agreement process and thought that was his only hope.
Councilor Stack asked the size of the farmhouse lot.
Mark Floor said that it is 2.5 acres.
Councilor Simpson said that he didn’t want to see him go through any hardship, but consent decrees are not easily come by. He said that usually there is a penalty assessed. He said that the Planning Board would have assumed that the plan would have been correct if submitted by a certified engineering company. He said that the when MDOT made that change it should have shot up a red flag. He asked if the Leavitt Earthworks driveway could be used.
Mr. Floor said that they put everything where MDOT told them to.
Chair Simpson said that usually a consent agreement is for a deck or something like that. He said that he didn’t want to set a precedence.
Councilor Biegel said that she would like to be excused from voting because her husband works for the engineering firm involved in this plan.
Moved by Simpson Seconded by Spencer and Voted to allow Councilor Biegel to abstain from the vote. (Unanimous)
VOTE: 6 Yeas - 0 Nays – 1 Abstain, Biegel
24-07 Establish Ad-hoc Master Plan Advisory Committee [Christy]
Councilor Christy said that from discussions with Mr. Rasor this is the composition that he thought would make the best committee. He said that he would invite the Council to recommend persons to serve on this committee.
Councilor Beigel asked if this committee is replacing the other advisory committee.
Chair Christy said that a member of the central committee will be on this committee.
VOTE: 7 Yeas – 0 Nays
25-07 Amendment to Standish Town Code, Chapter 181 and Chapter 252 – Multiple Sections – Performance Guaranty (Introduction) [Christy]
Moved by Simpson Seconded by Spencer to dispense with the Clerks reading of the ordinance.
Chair Christy said that this comes out of the Ordinance Committee with unanimous consent.
Mr. Billington said that this puts a two tiered performance guaranty process in place. One part requires cash upfront for subdivision road improvements. The second process is that the developer can follow that is a conditional approval that would allow the developer to go forward to start the process without putting the cash upfront, however, they would be restricted from transferring any of the land or getting any building permits until the cash is in place for the road to be done. This amendment has received legal review.
The Council voted to move this item to First Reading at the Council Meeting in April.
26-07 Authorize Amendment to Contract with ecomaine for Associate Member Municipality Waste Handling Agreement [Christy]
Chair Christy asked if through the year 2027 is the only thing that will be negotiation is the rate.
Mr. Billington said that the rate will be fixed except for CPI increases.
Chair Christy said this savings is due to the negotiations of Roger Mosley.
Mr. Billington said that the corporate member municipalities pay $159 per ton for tipping fees and we will be paying $70 per ton in tipping fees. It is anticipated that corporate members will pay that amount for the next ten to twelve years. Corporate members also pay for debt service on top of the tipping fees. He went on to say this is a very good contract for us. He noted that this will be a great saving s for the town.
VOTE: 7 Yeas – 0 Nays
27-07 Town Council Appointment – Budget Committee [Christy]
Chair Christy said that Eva is a past member of the Council and Budget Committee and has the best interest of the town at heart.
Moved by Stack Seconded by Edwards and Voted to add the name of Eva Tompson to the order. (Unanimous)
VOTE ON ORDER AS AMENDED: 7 Yeas- 0 Nays
28-07 Authorize Designation of Ownership of Tax Acquired Properties [Simpson]
Chair Christy said that he would like to explore at a workshop what we do with our town owned properties and if it is worth of putting them into preserve for the future. He noted that land grants for public use were dear to Dolly Lymburner’s heart. He went to announce that Dolly Lymburner had passed away. This is a sad loss for the Town of Standish. He said that she was passionate about the people that she represented in the Steep Falls area. A moment of silence was held in Dolly’s memory.
VOTE: 7 Yeas – 0 Nays
PUBLIC ITEMS
Councilor Stack said that he would like to have the issue of power loading of boats discussed at a workshop.
Chair Christy said that he would like the Harbormaster to attend that meeting.
Councilor Biegel wanted to know the status of the GrowSmart application.
Mr. Billington said that the finalist have not been announced.
Councilor Biegel asked about the Portland Water District case.
Chair Christy said that they were going into Executive Session for discussion.
Councilor Biegel said that she would like traffic issues on White’s Bridge Road discussed.
ANNOUNCEMENTS
Upcoming meetings were announced.
EXECUTIVE SESSION (S)
Executive Session will be held for the discussion of a real estate matter as provided under 1 M.R.S.A. § 405 (6)(C).
ADJOURN
Moved Seconded and Voted to arise from Executive Session. The Council arose from Executive Session by unanimous consent at 10:10 pm
Submitted by: __________________________________
Clerk/Secretary
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