DRAFT -- MINUTES ARE NOT OFFICIAL UNTIL APPROVED BY THE TOWN COUNCIL -- DRAFT
AGENDA
TOWN COUNCIL MEETING
STANDISH, MAINE
TUESDAY, JUNE 5, 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. Councilor Edwards was excused, all other Councilors were present,
MINUTES OF PREVIOUS MEETING (S)
Councilor Biegel noted that that the last page of the minutes from May 8 needed to have a correction made to a sentence that was not finished. The secretary said that the correction would be made.
Moved Seconded and Voted to approve the minutes from the May 8th, 22nd and 29th meetings upon correction to the May 8th minutes. (Unanimous)
PETITIONS AND COMMUNICATIONS
Chair Christy said that this will be his last meeting as Chair. He went on to thank all the Councilors, Committees and others for a good year.
REPORT OF THE TOWN MANAGER
Mr. Billington reported that there has been a bit of traffic backup on Route 25 due to the work at the intersection of Colonial Marketplace created from the Norway Savings Bank Project. Sensors should now be in place, the timer and loop should be set tomorrow. He said that there are loops and camera in place to sense vehicles which should speed up the traffic flow.
Councilor Biegel asked if the flashing yellow lights would be reinstalled to help traffic flow in the early morning and late at night.
Mr. Billington said he did not know but would check into that.
Mr. Billington said that housing unit starts are at 36 for the year. He said that the growth cap was set at 85 based on the past ten year average. He explained that the Planning Board will make the final approval on the Wildlands project which will have approximately 150 lots which may renew some pressure to growth.
Chair Christy asked if all of the upcoming subdivisions were in the growth areas.
Mr. Billington said that the Boundary Road subdivision is in the rural zone. He went on to say that Mr. Busque would be grandfathered for that subdivision as far as growth permits go for that subdivision.
Mr. Billington went on to say that the final clean-up is being done from the Patriot’s Day storm; and the Transfer Station is still taking brush and debris for free that is storm related. He noted that road repair work should be done soon. He explained that reimbursement for costs have been submitted to FEMA, in about 45 days the reimbursements will be received.
Mr. Billington said that Roger Mosley is in Skowhegan running the snowplow contest.
Councilor Biegel mentioned that the monument in center of town is need of up keeping; she asked if we could do something about that.
Mr. Billington asked the property owner who happened to be in the audience if the town could get together with her and spruce that area up.
Isabel Higgins said to come by and they could talk about it.
Councilor Simpson noted that Roger should be recognized for the outstanding handling of recycling program and the Transfer Station.
Chair Christy thanked Councilor Simpson and noted that there was a plan in place.
PUBLIC HEARINGS
37-07 Amendment to Standish Town Code, Chapter 188, Massage Establishments and Therapists, § Article II, Licenses [Christy]
After a Public Hearing without Council or public discussion the above titled ordinance amendment which was voted on and the hearing was closed.
VOTE: 6 Yeas – 0 Nays
COMMITTEE REPORTS
Councilor Stack said that the Historic Preservation Ordinance has been prepared by the Historic Resources Committee over the past six months and will be introduced by Council order tonight. That order is followed by an order to establish the Commission. The ordinance calls for five regular members and two alternate members. He said another order calls for an extension of the moratorium that is currently in place.
Councilor Stack said that the Governor will be signing the bill for the engineering study on the Mountain Division Rail Line on June 12 at 1:00 in his office. He said that he, Phil Pomerleau, Mike Shaw and many others will attend that signing.
Councilor Simpson said that the finances of the town are very good. He said that the EMS revenues are coming in better from insurance companies. He said that we will be voting on three items that will be overdrawn for the year. One is building maintenance which is approximately $10,000 over primarily due to utilities. CMP is the big driver in that account as well as our custodian was out on due to a medical reason and we paid for additional help during that time. The second account is over approximately $69,000 and that’s the Public Safety Department. He said vast majority for that department was unexpected equipment failure, Intercept costs and hydrant fees. He said that Capital is approximately $99,513 over and that’s to complete Northeast Road. People will vote at a
Special Town Meeting to take the funds out of undedicated reserves to meet those expenses.
Councilor Spencer said that the Community Center Committee will have a display and informational table at the polls on Election Day.
CONSENT CALENDAR
There were no consent items on this agenda.
UNFINISHED BUSINESS
51-07 Amend Town Council Rules of Procedure [Christy]
Mr. Billington explained that this order was developed with consultation with the Town’s attorney to clarify the procedures between the Council and department head when there are conflicts. This amendment makes the Chair of the Council an intermediary to help during any disputes.
Councilor Biegel said that she was surprised to hear the comment that this was developed by the Council because she didn’t recall it quite that way. She said that she looked at the first phrase…except as otherwise provided by law…. She asked that be explained or define what that means.
Mr. Billington said that the grievance process under law would supersede this particular process.
Councilor Biegel said that maybe we should know what that means before we go further with this. She said that she felt that this is directed towards her. She read the part of the policy ….whenever a Town Councilor, in the exercise of his or her common sense and good judgment, reasonably believes a matter has arisen, is likely to arise, or may reasonably be perceived by the public and/or one or more Town employees to have arisen, regarding a matter involving the Councilor (or the Councilor’s family) in his or her individual capacity as a resident of the Town, then the Councilor shall first.. She said that this was very vague to her.
Chair Christy said that this puts an intermediary in between the parties to help solve problems that may arise. He said that this was drafted by the Town’s legal counsel. He said that in the past he was the subject of one of these queries. He went on to read the entire amendment to the policy which is on file at the Town Office. He explained that one day he spoke to personnel at Public Works about an issue. He said that he should have gone to the Town Manager to handle the issue. He said that he was told that he did the wrong thing. He said that this amendment sets up the protocol.
Jay Beedle asked what was the issue regarding Councilor Biegel that brought this up.
Chair Christy said that it was an issue regarding personnel that was discussed in executive session and can’t be discussed out of executive session.
Councilor Pomerleau said that he recently had a problem with a town department head. He said that he went to the Chair of the Council with his issue because he didn’t know where to go. He said if this was in place he would have gone directly to Town Manager. He said with this we can go through the chain of command.
Chair Christy said that we need to keep in mind that this sets a procedure for the Council.
Councilor Simpson said that this months Maine Townsmen has good articles regarding conflict of interest, ethics and related issues.
Chair Christy said that the Town has budgeted for training for boards and committees.
Councilor Biegel asked if the term Councilors family was defined. She said that she had a problem with the vagueness of the language of the amendment and that it was poorly written.
Chair Christy said that this was discussed with legal counsel in executive session. He said that we did instruct legal counsel to bring something forward out of the session to add to our policy.
VOTE: 5 Yeas – 1 Nay, Beigel
62-07 Moratorium to Standish Town Code, Chapter 181, Land Use § 181-22, Pedestrian Ways (First Reading) [Christy]
Mr. Billington explained that the Planning Board had its Public Hearing last night and there were no pubic comments.
Chair Christy said that the Ordinance Committee has come up with a sidewalk plan, bikeway and ways plan. He said that the ordnance that was developed by the Ordinance Committee is being reviewed by the Standish Village Committee.
Councilor Stack asked about the study for the other two villages and would this be put on hold until those studies are done.
Councilor Biegel said that she thought that the sidewalk plan for those two villages was pretty basic.
Chair Christy noted that there are monies in the Capital Plan for the Steep Falls Village. He said that the Sebago Lake Village plan is still under review.
Councilor Stack said that he had heard concerns from residents in Sebago Lake regarding the placement of the sidewalk on Route 35.
Chair Christy said that he knew that there were concerns about which side of the road the sidewalk would be on and that will be discussed further.
Moved by Simpson Seconded Biegel and Voted to amend the date to January 8, 2008. (Unanimous)
Councilor Biegel noted that she supported the sidewalk plan and residents contributing to the costs, but she also thought that businesses should kick in for sidewalk construction.
Ann Farrar asked about the sidewalk that the state was supposed to put in with the Mountain Division Trail project.
Mr. Billington said what we received at that time, was a letter from the Commissioner of Transportation, John Melrose. In the letter he said that he would encourage funding for a sidewalk to be put in. Mr. Billington said that it was kind of a loose promise. He said that we have that letter on file. A meeting this summer a meeting is planned to look into that project.
Councilor Pomerleau said that he would like to abstain from the voting on this issue.
Councilor Simpson called a point of order he said that Councilor Pomerleau should have noted at the beginning of discussion the reasons for his abstention. Councilor Simpson that there was no conflict and Councilor Pomerleau should vote on the issue.
Councilor Pomerleau said that he wanted it noted that he wanted on the record that there is a sidewalk that he is supposed to be putting in and he wanted it clear how he stood on this issue.
VOTE ON ORDER AS AMENDED: 5 Yeas – 1 Nay, Biegel
NEW BUSINESS
65-07 Amendment to Standish Town Code, Chapter 181, Land Use, Historic Resources (Introduction) [Stack]
Chair Christy said that his hat goes off to these folks as far the work on this goes. He said the Council appreciates the efforts of the group. He said that the document was stupendous.
Councilor Stack read the Majority Report which highlighted the committee members and changes to the ordinance. He noted that there are two major changes between this and the previous ordinance, one being that there are no historic resources designated at the outset of this ordinance, Secondly, it allows incentives to encourage owners to have their resources designated. A copy of this report on file at the Town Clerk’s Office in the Council Minutes book.
Dave Thomas, a Committee Member and a member of the Minority Report read that report which outlined the topics which the Committee struggled with. He noted that the Majority Report prevailed which was signed all of the Committee Members. A copy of this report is filed with the Town Council minutes.
One of the items that they further discussed was regarding resources being placed on the inventory. Councilor Stack that there was a 90 stay to provide protection regarding a resource that has not been designated but had been identified in having potential historic value. He went on to explain that a resource would not be a historic resource until it gone through the process and placed in the ordinance and on the overlay map.
Natalie Burns the counsel that assisted the Committee in drafting this ordinance concurred with Councilor Stack’s interpretation this section of the ordinance.
Mr. Billington explained that there are two lists that we are looking at. He said that an inventory list is a proposed list of resources throughout the town that should be considered for designation. He said that would be the nominated list. The designated list would be the actual list in the ordinance.
Councilor Biegel asked if a property is listed on the inventory and it’s up for demolition is there any way for citizens to protect it in this ordinance.
Councilor Stack said that there is not one, but there is requirement that if there is a request to remove a resource that is listed in the inventory the CEO will notify the Town Council and the Commission. The Committee felt that if there is a quick response by the CEO and the Commission and sufficient interest, action will be taken. He said that any person could attempt to save a resource.
David Thomas said that the ordinance doesn’t put a resource on the overlay map until it is designated. It was his opinion that all the recourses should be identified regardless of designation since it would be helpful for the process.
Paul Niehaus said that he commended the Committee for all of their hard work. He questioned the incentives program of the ordinance which at one time was quite detailed. The draft ordinance doesn’t include that detail.
Attorney Natalie Burns explained that what was put into the ordinance was the notation that the Commission would develop incentives going forward. The draft incentive report will be utilized by the Commission.
Paul Niehaus said that he had concerns with the ordinance in regards to private property rights. He said that he had proposed amendments that he would submit to the Committee tonight.
Councilor Stack questioned if there was a significant change to the ordinance then is this process put back to introduction status. He said that he reviewed Paul’s amendments and would introduce the amendments. He also questioned the authority of the Committee at this time since the ordinance has been turned over to the Council.
Councilor Simpson said that an amendment would have to be submitted by a Councilor.
Paul Niehaus said that he didn’t think that his amendments would be a substantive change.
Chair Christy said that they would be placed in their mailboxes to review this weekend.
George McNeil, a Committee Member and supporter of the ordinance as it is presented said that because of Lou’s steady hand we’ve succeeded as well as we could. He said that’s because we’ve made it a voluntary program but also included purchase of Historic Preservation easements that could serve as a powerful persuasion for property owners sign up. He said that the way it is written it provides a pathway for solving this conflict through free market. He said that the reason that he signed the Minority Report is the way the ordinance is written will create a period of vulnerability after its enactment when there are no properties designated. He said that this is a good ordinance and will eventually protect the properties.
Councilor Spencer asked if there would be another meeting to review this.
Councilor Stack said that First Reading is next month and then the Public Hearing in August.
Councilor Biegel asked if this would be a discussion at a workshop.
Chair Christy said that it could be.
Councilor Stack inquired about the standing of the Committee at this time.
Chair Christy said that since the moratorium has been extended the Committee is still considered active. He went on to say that the Committee should continue until adoption of the ordinance.
Isabel Higgins a member of the Committee questioned the Planning Board Hearing process.
Mr. Billington said that the Planning Board held their Public Hearing will be held at their July meeting.
Councilor Biegel said that it was noted at the Planning Board meeting last night that they would hold business meeting next Monday night.
Mr. Billington said that short of notice would not meet the public hearing notice requirements.
Mrs. Higgins thanked Lou Stack for his help on this Committee.
Councilor Stack said that it was the Committee Members that produced the ordinance.
Councilor Stack had asked the Councilors through a memo, to introduce any suggested amendments at this meeting. He questioned if anyone had any amendments.
Councilor Spencer said that the Council needs the chance to review this and discuss it further.
Councilor Simpson said that this is a lot to review and in addition receiving information tonight that has to be reviewed. He questioned Section 181-133 which says the following lands, buildings will be designated on the map……. but there are none included. He said that he did not want to vote on this tonight. He said that it should go to workshop and then maybe even to referendum.
Chair Christy said that we have the next order that extends the moratorium which would allow time for a workshop.
Councilor Stack said that 181-133 had nothing to do with an inventory. He said that once a resource is designated it would be placed in the ordinance in this section.
Councilor Simpson said that he didn’t agree with that explanation regarding the section. He said that he was not prepared to vote on this tonight.
Councilor Stack said that resources will have to be designated before they are entered into the ordinance. He said that it has to be voluntary and approved by the Commission, Council and Planning Board and then it listed in the ordinance/overlay map. He said that we have to put together the list which will grow or be reduced. The list will be amended through the hearing process.
Councilor Simpson said that the 350 historic resources should be listed, they don’t have to be part of the ordinance but people should know what they are.
Councilor Stack said that the Commission will develop the list and contact the property owners so they can have their property designated as a historic resource if they want to. He said that he was sorry that he was not being clear and maybe Natalie Burns can clarify the process.
Attorney Burns said what might be helpful was to look at Section 181-140.1 of the ordinance which describes the inventory. She said that we are talking about two different lists and it gets very confusing. The Commission will have the inventory list that they will develop. The purpose of that list is to allow the Commission to start going through that list and prioritizing which building are the most valuable historically to the Town of Standish. Then to pick the ones that we want to see designated. Then the initiation the designation process and when a site is designated it would be listed in the ordinance.
Moved by Biegel to table to workshop and invite the committee to join us to explain the background on this issue. (Motion Failed – No Second)
Ann Farrar said that this is an issue that she and Lou had gone round and round about. She said that you have a public policy and a public information issue on one side. On the other side you have the situation that until something is designated there is not an inventory and no designation on the list. She thought that the confusion comes from the Council order that indicated that there would be a list to be considered. She said that the public policy shouldn’t be in the ordinance. She said that is where she and Lou disagree. She said that the Committee did come to an agreement. She said that these issues where we have were holding up people so this should be put to bed soon.
George McNeil said that the fact is, is than no one will be designated unless they agreed to it.
David Thomas said that he signed both the Minority and Majority report; He said that he signed the Majority Report out of respect because he believes that the ordinance should go through and be worked on. He said that he signed the Minority Report to show that there some things that are not answered. But they wanted the ordinance to move through the process so the Commission could start their work.
Councilor Pomerleau said that he would support this to move forward.
VOTED TO MOVE THIS TO FIRST READING AT THE COUNCIL MEETING IN JULY: 5 Yeas – 1 Nay, Simpson
Councilor Spencer asked that even it someone voted in favor of this, could they bring things up for discussion.
Chair Christy said that they could.
Councilor Simpson said that he voted no because there are too many things that need to be worked out. He said that he would like to see this thing go as much as anyone else. He said that if we try to amend this on the floor, we’ll be in a mess.
Councilor Biegel said that when she made that motion she only wanted it discussed in workshop.
66-07 Extend Moratorium on Development of Standish Village Historic Resources [Stack]
VOTE: 6 Yeas – 0 nays
67-07 Solicit Membership for Appointment to the Historic Resources Committee [Stack]
MOVED by Simpson Seconded by Pomerleau and voted to amend the order as follows:
ORDERED that the Standish Town Council opens the application process to accept and review applications from persons interested in serving on this committee with appointments to be made at the August 14, 2007 Council Meeting upon adoption of the ordinance. (Unanimous)
VOTE ON ORDER AS AMENDED: 6 Yeas – 0 Nays
68-07 Receive Report of the Roadway Plan Committee [Christy]
Wayne Newbegin, the Chair of the Committee explained that this is the final recommendation of the Committee. He said that the key items of the report are for the Committee to continue and to deal with the range roads. He said that a committee to deal with the range roads would put people at ease about this situation.
Chair Christy questioned the ad-hoc committee that he brought up. He thought that this would be a critical committee.
Councilor Pomerleau said that Wayne did a great job keeping everybody involved.
Chair Christy asked if there was support for a committee on this issue.
There was agreement that a new committee should be formed.
Wayne Newbegin said that they should also look at the intersection of the Oak Hill Road and Route 25. He went on to say that at the intersection of Blake Road and Route 25. The Committee thought that Emery Road should be filled in and makes the access only at Blake Road and Route 25.
Councilor Biegel said that surprised her because she had never had a problem at that intersection. She asked Wayne talk about the Committee’s discussion on that.
Wayne Newbegin said that when you don’t have a perpendicular crossing you loose your vision. In this case you have to turn and look to the left to check for traffic.
Councilor Simpson said that to remove the restrictions on Cape Road would just take an order.
Wayne Newbegin said that would help get some of the heavier equipment off the Route’s 25/35 intersection.
Councilor Biegel said that even through we are voting to disband this we will have an order to appoint another committee.
Chair Christy said that they would be another order.
VOTE: 6 Yeas – Nays
69-07 Authorize Council Chair to Send Letter to Proprietor of Memory Lane Music Hall [Christy]
Chair Christy said that he has been to this establish twice since the last meeting. He said that the proprietor put fencing around the front and are investigating buying a device that will measure the amps. He said that lady that is the partner is aware of the amps issue. He said that they are making an effort to correct the problem. He said that is nice to get a note to say that we appreciate their activity to try to improve the problem. He noted that he put in the letter that he wanted them to continue to monitor the sound level.
Alan Brown an abutter of Memory Lane said that he had called Cumberland County approximately 20 times. He said that they have gone and asked that the music be turned down. He went on to say that his main complaint is that the base that is audible in his home. He said that last Friday night he said that he could hear it until about 12:30. He said that it would be similar to what you would hear from car with a stereo system that would go boom, boom…basically that is what you hear; you don’t hear the whole music. He said that all those times that he has called into Cumberland County and Mr. Christy; no one had come to his home to monitor the sound or to hear it other than last Saturday when he called Cumberland County. He said that Deputy Sheriff John Cross sat at his table and discussed what the
regulations were to monitor the sound. It would be 50 decibels at 4 feet above the ground at the outer area of premises. He said that they both own approximately 10 acres. He said that he has lived there since 1976 and approximately 15 year with Country Crossroads in operation. He said that he had called Crossroads twice about the music and they turned it down and it stayed down. He said that since smoking is only allowed out side this brings people outside and more noise. Mr. Brown said that he was told that the fence went up because people were sneaking in beer. He went on to say that the Deputy said that the ordinance would have to be changed for better enforcement. He said that his neighbor, Jim Pepper, is interested in suing the Town, Cumberland County or anybody else to shut the place down. He thanked Chair Christy for coming over and seeing the situation first hand.
Chair Christy asked him what he is asking the Council to do.
Mr. Brown said that he is asking them to send a letter or change the level in the ordinance. He said that Councilor Biegel had called him to see if the fence was helping him. He told her that it was somewhat. In their discussion they talk about an ad that they saw announcing that Memory Lane Would have an outside serving area.
Councilor Pomerleau said that he didn’t agree with all of this.
Chair Christy said that we are between a rock and a hard place. We have a business in town and ordinances that allow you to run the business, we have a decibel situation, and they have meters that they use. He said that it also depends on the band that is playing; he said that going there is not part of his responsibly.
Mr. Brown said that he didn’t understand why they need the level of music that loud.
Councilor Pomerleau said that we have to make it clear to them that we review the application each year and if we have he Sheriffs Department there 40 to 50 times and complaints to the Council that will be taken into consideration. He went on to say that the letter should explain this to the proprietor. He said that the fence will allow seating outside.
Mr. Brown said that having people sit outside socializing will make matters worse. He said that insulation on the fence would help the situation.
Councilor Pomerleau asked Mr. Billington how do we police this.
Mr. Billington said that the Sheriffs Department polices this.
Chair Christy said that when patrons go outside they leave their drinks inside.
Councilor Biegel said that it was advertised that they had seating outdoors.
Mr. Billington said that we would check the status of the site plan review.
Mr. Brown questioned the stipulation asked how the man could control five people coming and going from their cars.
Councilor Biegel said that she agreed with Phil that it is nice to send a letter about the fence but it should be a little stronger about the complaints that we received. She said that the resolution is pretty easy – just turn done the base.
Mr. Billington asked if the Clerk has Mr. Brown’s information on file.
The Clerk said that what he was referring to was to a copy of the Special Amusement Permit which says that you can’t have patrons waiting more than five deep to enter the facility.
Mr. Brown said that the Town put up signs regarding engine jake brakes that bother somebody for 15 seconds once a night. He said that this noise is from 9:00 pm to 1:00 am seven nights a week.
Ann Farrar said that she could hear music on Memorial Day Weekend. She said that the Council could look into other ways to enforce or regulate, they could establish a seat tax or maybe we should charge for the cost for the Sheriffs Department going on calls to the faculty.
Moved by Simpson Seconded by Pomerleau and Voted to Indefinitely Postpone. (Unanimous)
70-07 Approval of Waste Hauler Licenses [Christy]
Chair Christy said that these are done every year.
VOTE: 6 Yeas – 0 Nays
71-07 Town Council Appointments to Various Boards and Committees [Christy]
VOTE: 6 Yeas- 0 Nays
72-07 Confirm Town Manager Appointments [Christy]
Councilor Pomerleau asked if we voted 4 -3 would these people lose their job.
Mr. Billington said that the vote on here would not fire anybody.
73-07 Confirm Town Clerk Appointment of Election Warden [Christy]
VOTE: 6 Yeas – 0 Nays
74-07 Approve Warrant for Annual Town Meeting [Christy]
VOTE: 6 Yeas- 0 Nays
75-07 Approve Warrant for Special Town Meeting [Christy]
VOTE: 6 Yeas - 0 Nays
76-07 Approve Name of Island in Sebago Lake [Christy]
Chair Christy explained that the owner picked the name.
VOTE: 6 Yeas - 0 Nays
PUBLIC ITEMS
ANNOUNCEMENTS
Several upcoming meetings were announced.
Councilor Pomerleau mentioned that the Standish Family Festival will be held beginning on June 29th. There will be an outside movie, a parade, activities at the Kiwanis Club, fireworks and many other events. He noted that most of the events are free.
EXECUTIVE SESSION (S)
An executive session was not needed at this meeting.
ADJOURN
Moved by Spencer Seconded by Stack and Voted to adjourn. The meeting adjourned at 10:00 pm by unanimous consent.
Submitted by: ____________________________
Clerk/Secretary
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