Town of Standish, ME - Town Council Meeting Minutes 7/10/2007

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

TOWN COUNCIL MEETING

TUESDAY, JULY 10, 2007

STANDISH MUNICIPAL CENTER 7:00 PM

The Pledge of Allegiance was recited.

The meeting was called to order by Chair Stack. The roll was called by the secretary and all Councilors were present.

Chair Stack said that before the meeting went any further he would like to present a plaque to Terry Christy for his term as Council Chair last year.

EXECUTIVE SESSION

Moved by Pomerleau Seconded by Burgess and Voted to move into executive session for review of a tax abatement due to poverty and infirmity as required under Title 36 MRSA Section 841(S). (Unanimous)

Moved by Christy Seconded by Pomerleau to arise from executive session. The Council arose from executive session at 7:35 pm by unanimous consent.

MINUTES OF PREVIOUS MEETING (S)

Councilor Biegel noted that in the minutes from June 5^th there was a typo on page 9 the word should read responsibility. In addition, the vote tally on order 77-07 in the June 16^th minutes should read 6 Yeas – 1 Nay, Biegel. Chair Stack noted that in the June 5^th minutes regarding order 65-07 the wording should say that there wasn’t a 90 stay. With these amendments the minutes from June 5^th, 16^th and 26^th meetings were approved by unanimous consent.

PETITIONS AND COMMUNICATIONS

There were no petitions or communications at this meeting.

REPORT OF THE TOWN MANAGER

Mr. Billington explained that two memorial funds were recently established. The Robert Logan Fund was created for those wishing to donate in his memory to support Johnson Field. The James Mucci Fund was created for those wishing to donate in his memory to support the future community center. Donations for either fund and be sent to the Town Hall, 175 Northeast Road. James Mucci was Janice Raymond’s father.

Mr. Billington said that the town has concluded the FEMA audit of damages as result of the Patriot’s Day storm. He said that FEMA has validated approximately $51,000 worth of public damages. The Public Works Department has spent about five weeks repairing those damages, which are almost complete at this time. FEMA will add 5% for administrative overhead; we think that this will be reimbursed at 75%. He said that the town could realize $40,000 in reimbursement for damages from the storm.

He noted that the Public Works Department has Middle Jam Road under construction. Sappi has installed a catch basin which will collect runoff water, under drains have been installed on both sides of the road which go to the catch basin. Then the water will be funneled under the canal to the other side to move the water away from the road. The road is scheduled to be grinded on July 17^th with a first coat of paving by the end of this month.

He explained that upcoming Capital Improvement projects include expanding the parking lot here at town hall. This will be done by the Public Works Department starting later this summer with a completion date next spring. Additionally, the entrance to the parking lot at Route 35 will be improved correct a water problem. Also, Public Works will be purchasing a roadside boom mower out of the Capital Program.

Councilor Biegel asked how many additional parking spaces will be provided with the parking lot expansion.

Mr. Billington said that he did not recall he number but would get that information.

62-07 Moratorium to Standish Town Code, Chapter 181, Land Use § 181-22, Pedestrian Ways [Christy]

Councilor Christy explained that this comes unanimously from the Ordinance Committee. He said that the Committee felt that we should come up with a plan that can be followed for the future. He said that even though the ordinance says 180 days it may be shorter than that because we have come up with a plan for Steep Falls, Sebago Lake and Standish Villages. He said that this ordinance is with the Village Design Committee and we are waiting for their recommendation. He said that he didn’t think that the moratorium would last the 180 days.

William Orr asked if funding would be collected from developers and be held for sidewalk during this moratorium period.

Mr. Billington said that funds would not be collected.

Councilor Biegel has said before that she thought that it is important; and she does support the sidewalk plan that is going forward. She went on to say that she has yet to find a town that doesn’t require developers to help with sidewalk funding. She said that she had a hard time with this since impact fees haven’t been established, or capital funds for this issue. She said that she didn’t understand the purpose of the moratorium.

Chair Stack said that the ordinance that will come forth may or may not have a requirement for developer participation.

Councilor Christy said that the Committee hasn’t reviewed the impact fee portion of the ordinance at this time. He said that out of courtesy to the Village Design Committee we felt that it should be submitted to them to review sidewalk issues. The Ordinance Committee has discussed the town putting in a certain amount of money in the Capital Improvements Program each year for sidewalk development. Discussions have also included having the developer paying their fair share. He said that the Ordinance Committee is waiting to hear from the Village Design Committee. He said that they may look into setting money aside during the budget process for sidewalks.

Councilor Burgess asked if there were any pending projects that would be affected by this moratorium.

Councilor Christy said there were no plans at this time that would come under this moratorium.

Chair Stack said that the Village Design Study report will be out this fall.

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

VOTE: 6 Yeas – 1 Nay, Biegel

COMMITTEE REPORTS

Councilor Pomerleau highlighted the events that took place during the Standish Family Festival.

Councilor Christy said that there have been sightings of a 200 lb black bear on the Oak Hill Road. Also, he went on to explain that the Sheriff’s Department is patrolling the Oak Hill Road area for speeders.

Councilor Pomerleau said that he was told today that the Jaws of Life have been used five times in the

past thirteen days saving lives.

CONSENT CALENDAR

There were no consent items at this meeting.

UNFINISHED BUSINESS

65-07 Amendment to Standish Town Code, Chapter 181, Land Use, Historic Resources (First Reading) [Stack]

Paul Niehaus said that he had submitted some suggested amendments last month. He went on to say that while this is a very detailed document and it is a noble effort to try to preserve history for our children. He said that he didn’t think that it rises to the same level of protection that we should be giving to private property and private property rights. He said that there is no balance, one trumps the other. He said that private property is protected by the United States and the Maine State Constitution. He said that the Constitution doesn’t protect historic resources. He said that people that get involved with this willingly and with a warm fuzzy feeling about what they are doing for the community is wonderful, that’s if they understand what they are doing. He said that he finds as he gets older he understands less of the intricacies of these laws that come out. He said that unless there is something to protect him in another ten years he wouldn’t be able to understand this stuff. He said that there needs to be a concrete definite step that a person who is considering putting their facility into historic resource knows what’s in this ordinance. He said that they are not just doing a good thing and everything is going to be hunky-dory all of a sudden they will find that there are problems. He said that if they understood this to begin with that’s great. He questioned how can we insure that they know the details of the ordinance. He said that Chair Stack says that protection is in here for the property owner.

Chair Stack said that is found under section 181-131 Preliminary Procedures.

Paul Niehaus said that the heading for that paragraph is Preliminary Procedures; he said that to him that sounds like a non-binding catchall. He says that it does say that property will be included within a district nor become a historic site or historic landmark without the written consent of the property owner or owners. He said that’s good guidance; but how do you implement that?

Chair Stack said that is a requirement upon the Commission and the Council and whoever else has approval authority with regard to designating a structure as being historic.

Paul Niehaus said that you say that; but below that there are three different categories of designations. Designations of building structures and sites; designations of districts for historic perseveration shall include and expansion of historic districts for historic preservation shall include. He noted that there are four steps in each section. He said that these are steps he presumed will be worked out by the Commission and ultimately taken to the Town Council for approval.

Chair Stack said that they are all subject to the general paragraph above which states that no property will be included within a district or become a historic site or historic landmark without the written consent. He said all that follows that is subject to that. He said that he would assure him that the Council referred your recommendations for amendments to the Historic Preservation Resources Committee. That Committee reported back to the Council at workshop. Those recommendations were discussed and the Committees recommendations regarding his amendments presented as well. The amendments that are presented this evening includes one of his recommendations. It does not include some of his suggestions such as the recommendation to include a signed written statement from all owners or owners of the proposed historic recourses to concur with their property being designated as such. The Committee felt that the statement in the paragraph that we are talking about fully covers that requirement.

Paul Niehaus said let me expand a bit, he went onto say that they may feel that way but words mean things when it comes to law. He went on to say that the way that ordinances are written, where they are placed, how they are advertised; all this means a lot.

Chair Stack said that we have progressed with this ordinance with an attorney who is fully aware of those things.

Paul Niehaus said that in each of these three different categories there are very concise and detained as to what must be presented to the Council before any one of these three areas can be considered and approved by the Council. He said a concise description of physical qualities, a concise statement on how the building meets site review, exterior photographs of the building, site map, interior photographs, survey form used by the Maine Historic Preservation Commission. He said that the Council has to have all this information in front of them and yet that don’t have to have a simple piece of paper by the person whose property is in question that says I agree to be a part of this.

Chair Stack said that is not quite what you asked but it certainly is a requirement of this ordinance that no property or building will be designated without their consent. He said that he would assume the Commissions would acquire that consent prior to proceeding, way before the Council even is involved.

Paul Niehaus asked what would happen if the applicant says ‘well I really didn’t understand that’, these people were awful good salesman, they told me what a good deed I would be doing but never made me understand that I’m going to be fragmenting the deed to my property.

Chair Stack said that what you are doing is impugning the reputation of the Commission and probably of the Council. He said that he didn’t agree with that.

Paul Niehaus said that he was merely stating a reality. He went on to say good intentions poorly written don’t usually turn out well. He said that he would like to see someone on this Council stand up and say let’s propose these amendments or hold off this off and really look at it. He went on to say that he had some concerns about signs. He said that it seems that signs would be under regulation even if they weren’t in a historic district. He read that signs would be governed by the standards of 181-17, if there are any conflicts the stricter standards shall apply. He read that all signs either new or an alteration would require a certificate of appropriateness. He said that it does not indicate if there is a sign already in or adjacent to a designated historic site, but it could easily be in here that that is under regulation.

Chair Stack said that when the Committee discussed that issue in the amendment proposed by you in regards to paragraph C and D; they thought it was unnecessary. He said that the general paragraph at the beginning of the section calls for the standards to be reviewed for the certificate of appropriateness. He said that this ordnance applies to historic sites, districts and landmarks not abutting properties. He said you can’t take one piece of this and not refer back to others sections – it’s the whole document.

Paul Niehaus asked if he could tell him why once these districts are established the Commission will as part of their duties inform owners and abutters in complying with the requirement of this ordinance.

Chair Stack said that was the one recommended amendment that you made that we did accept and is included in this.

Paul Niehaus asked why the abutters need to be informed.

Chair Stack said that it is only good policy to notify them.

Paul Niehaus said that it’s only good policy to notify the people involved.

Chair Stack said that we are. He went on to say that he appreciated him taking the time to read the ordinance, come before us and that we did accept one of your suggestions.

Councilor Spencer said that she assumed that this came from the Committee with approval of the Committee for introduction.

Chair Stack said that it had.

William Orr said that for the Town’s benefit two things should happen here, the permission for these people to have their property designated should be a notarized statement filed at the registry so people not only the owner but others that may have a interested in the property will know that it has been designated as a historic site and has obligations on it. This should be done so that it can never be questioned.

Burns Cameron a member of the Committee said that there are things that will be the aegis of the Historic Preservation Commission. There will be certain by-laws and procedures that they will establish when they sit for the first time. He said that something like that notarized is one of these things that they have to get involved with.

Chair Stack said that all of the meetings will be open to the public.

Dana Edgecomb a member of the Committee said that when the Town zones property they don’t make the people sigh a notarized statement saying that they know it zoned that way. He went on to say that there will be a record with the town available for public inspection. He said that’s kind of going beyond what needs to be done. He said that it’s up to a person buying a property to research and know they have a title to a property and what that title is. He said that he’d like to reiterate that on page 6, section 191-131 A, says that no property will be included within a district or will become a historic site or landmark without the written consent of the property owner or owners. He said if a property owner signs written consent and doesn’t know what they are signing—that is their responsibility. He said that if you sign a deed and come back in a year you can’t say – oh, I made a bad decision I want my property back. He said that some people have been complaining that there should be an escape clause this but that’s like saying if you sell your house you can go back a year later and take it back. He went on to say the generally that’s not allowed.

Isabel Higgins a member of the Committee said that as a lot of people know this Committee did the near impossible, they brought together completely opposite sides of a very contentious issue to re-write an ordinance that was deemed necessary for the Town. She said that the one thing that she absolutely delighted about as a property owner is that it is a voluntary process as it should have been from the beginning. She said that it she can be happy with it as a property owner then the people that want this can at least take this and run with it. She said that she did agree that there are a lot of issues that need to be worked out, but given the situation that we had before this is a huge improvement. She said that if was up to her she was not sure that we need this but a group of people that thought that it was needed. She said that we’ve tried to keep everybody happy. She said that it being voluntary and having incentives built in make it a doable document. She said that they do take into consideration property owners rights without signing on the bottom line this does not affect the property.

Councilor Spencer said that they have done a very good job.

Councilor Biegel said that they have done a very fine job and Izzy just pointed out that this is different in that property owners do have to give their consent. She said that her concern was why are we having this ordinance.

Chair Stack said to preserve.

Councilor Biegel read the purpose and said that it is voluntary and everybody is happy that it is voluntary; we are still kind of missing this piece of how residents can protect a historical site. She said that she would like to see Natalie’s suggestion to put in a stay of 90-days. This would give the Town first option to buy the property. So that the residents of the Town would have a mechanism where they can protect a historic site. It would have to be something that the Commission deemed important enough to put it put to the voters to see if they wanted to spend the money. If they don’t want to spend the money then they don’t have to but it’s fulfilling a purpose identified in the ordinance.

Chair Stack asked if she was referring to the 90-day stay for properties that would eligible for designation.

Councilor Biegel said right.

Chair Stack said that was never part of the ordinance. He said that wasn’t in there and got taken out. It was never in there. It was a suggestion by the attorney and the committee voted on it and did not include that suggestion. He said that it would not be putting it back in, it would be adding it to it. The reason that the committee felt that it should not be in there is that it would burden the property owner of the eligible property. The Committee felt that was a burden that we should not be placing on a property owner.

Councilor Biegel asked how can you fulfill the stated purpose of the ordinance.

Chair Stack said by identifying those eligible properties and using incentives as deemed necessary by the owner and the Commission. That’s how the Town would protect and preserve the properties.

Councilor Biegel said that she worries that we are giving the Commission an impossible task of trying to identify properties. She said that she attended some of the meetings and at one meeting where incentives were being discussed she asked if the incentives were enough for any of them to want to put their property designated. She said that everyone was quite. She went on to say the Town through surveys and a referendum say that preserving historical sites is important to them.

Moved by Biegel to add the following:

181-140-1 Inventory.

The demolition permit shall not be issued until 90 days after the date of submission of the application, unless, as determined by the Code Enforcement Officer that such demolition is necessary due to damage caused by fire, weather, flood, or other natural cause such damage cannot be repaired without extraordinary cost to the applicant.

She said that this amendment is a reasonable compromise between the original ordinance that we had which was mandatory participation. Now we have one that is voluntary participation. This will allow some mechanism to preserve the site if the Commission deems that it is important enough to preserve.

Chair Stack seconded the motion for discussion purposes. He went on to say that what this would do is set this ordinance back two months because it is a significant change to the ordinance. He said that there are two fundamental things that we talked about here. One was that there would be no designation without written consent. He said that this goes to that, this is telling a property owner of an eligible property that there is a 90-day stay on their property. He said that is a significant change to the philosophy of the whole ordinance and he said that he would not recommend it. The other issue was the business of incentives that was not in the other ordinance.

Burns Cameron said that he would like to see a vote on just the ordinance and then address amendments at a subsequent time. He said that he didn’t like the amendment.

David Thomas said that he supported and believed that it was a good amendment for one purpose. He said that he believes that it is not a burden because the person that is selling or demolishing the property no longer wants it and no longer has a personal interest other than a financial one. He said if there is some means that that property could be preserved through a financial arrangement by the town voters this will do exactly what we want it to do. It was his opinion that it does not burden the person that wants to get rid of it because they don’t want it any more; they want the money. This gives the Town the opportunity to come up with the money and vote for it by the voters not the Council. He said that 90-days is not a big deal.

Isabel Higgins said that there is a red flag the goes up when a eligible property owner is applying for a permit to move or demolish. According to the ordinance the Code Enforcement Officer is obligated to notify both the Town Council and the Historic Commission. Then the ball is in their court and they are responsible to do what they deem necessary to negotiate with the owner to prevent the action. She said as far as 90-days not burdening an owner is not true. She said that it was the decision of the Committee that the ordnance as written was sufficient.

Dana Edgecomb that this was discussed in length at the Committee meetings. They wanted it to be voluntary. They wanted to be sure that it was voluntary so that it didn’t infringe on any private property rights. He read from the ordinance the section regarding a demolition permit. He said that there is time for the Commission to vote and bring up incentives.

Councilor Newbegin said that this amendment to him is taking property.

Councilor Pomerleau said that he wasn’t going to support this amendment because the thought that the Committee had done a great job.

VOTE ON AMENDMENT 1 Yea – 6 Nays, Burgess, Christy Newbegin, Pomerleau, Spencer, and Stack

Councilor Christy said that this will be a historic landmark document for the state.

Councilor Burgess explained that as part of his regular job he has worked with a couple of communities regarding historic preservation and it is a long difficult process. He said he understands how property rights advocates might think that this ordinance is infringing on them, but on the other hand he said that he sees the need for historic preservation. He said that he was torn between the two because there no bigger cheerleader for property rights than him. He said that he also sees the need for historic preservation. He said that he needed more time to think about it and thought that he would abstain from voting tonight.

Mr. Billington said that he did not need to abstain since there was no financial conflict.

VOTE TO MOVE THIS PUBLIC HEARING AT THE AUGUST MEETING: 7 Yeas – 0 Nays

78-07 Town Council Appointments to Fill Planning Board Vacancies [Spencer]

Councilor Spencer said the Appointments Committee received five applications and conducted interviews. At this time it Brian Libby was chosen to serve. She went on to say that if there was someone in Area 3 interested in serving to contact her.

Moved by Spencer Seconded by Christy and Voted to add the Name of Brian Libby to the order. (Unanimous)

VOTE ON ORDER AS AMENDED: 7 Yeas – 0 Nays

81-07 Action Concerning Poverty Tax Abatement Application [Stack]

VOTE: 0 Yeas – 7 Nays, Biegel, Burgess, Christy, Newbegin, Pomerleau, Spencer, and Stack

82-07 Amend Town Council Rule’s of Procedure [Pomerleau]

Councilor Pomerleau said that he brought this up a year ago because nothing never came out of the Committee. He said that the things that they attempted to do were often already being done by other Committees. He said that they didn’t even meet last year.

Isabel Higgins said that economic development to her, means looking into ways to help that financial wellbeing of the Town. She said that in the Comprehensive Plan keeping rural space and jobs were important. She said that they should look at ways to revitalize businesses that we have lost. She said that that bringing jobs to Standish could be a charge of the Committee.

Councilor Pomerleau said if there is stuff to do that is great. He said that there is so many committees that overshadow this Committee. He said that there is a Route 113 Corridor Commission that works hard. He said that the Towns working together have a better chance of getting things done.

Dana Edgecomb said he would like to see a committee lure appropriate businesses to the area.

David Thomas asked if people wanted a farmers market to come to town what committee would they talk to. He said that he would like to be on that committee as a resident.

Councilor Pomerleau said that is what he wondered is should this be a committee of the public rather than a committee of the Council.

Moved by Newbegin Seconded by Biegel and Voted to table this item indefinitely.

Mr. Billington said that by the Rules of Procedure this item should lie on the table until the next meeting. He said that by the Rules there should be no action taken tonight.

VOTE ON MOTION TO INDEFINITELY POSTPONE THIS ORDER: 0 Nays – 7 Nays Biegel, Burgess, Christy Newbegin, Pomerleau, Spencer, and Stack

Councilor Newbegin said that three Councilors just got put on the Economic Development Committee and they really want to try and do something. He said that the model town program offer assistance in this area and they’d like to try it.

Councilor Biegel said that the Committee has scheduled a meeting on July 16 at 7:00 pm in the Conference Room.

Councilor Christy said that he understands the frustration that Phil feels. He said that he did agree with Wayne and Carolyn that there is a place for economic development. The town needs to make a decision if it is going to sell property and the Economic Development Committee should be designated to be the people to go out and sell it. He said that he would not want to see the Economic Development Committee eliminated at this time.

Councilor Biegel said that local businesses may be contacted by the Lakes Region Chamber of Commerce because they are trying to increase the business membership.

Councilor Christy said that we do not have any representation in the Lakes Region Chamber Of Commerce.

Councilor Biegel explained that we are a member and can use them to help us: She said that they are in the process of a membership drive for area businesses.

Mr. Billington explained that we have eighteen businesses in Standish that are affiliated with the Chamber.

Councilor Christy said maybe members of the Economic Development Committee could attend the meeting of the Chamber of Commerce to get that business contact.

Chair Stack said that this could be a workshop topic in August. He went on to say that this order is automatically tabled until the August meeting.

83-07 Town Council Appointments - Various Boards / Committees [Spencer]

VOTE: 7 Yeas - 0 Nays

84-07 Blanket Letter of Approval for Lake Region Shrine Club to Operate a Game of Chance [Stack]

VOTE: 7 Yeas - 0 Nays

85-07Amendment to Standish Town Code, Chapter 263, Vehicles and Traffic, Section 263-3, Weight Restrictions (Introduction) [Christy]

Councilor Christy said that this come out of the Roadway Planning Committee as a way to help with traffic issues at the intersection of Routes 25 and 35.

Councilor Pomerleau said that this will open Cape Road to truck traffic.

Moved, seconded and voted to move this to First Reading. (Unanimous)

86-07 Amendment to Town of Standish Wrecker Policy [Stack]

Chair Stack explained that the response time has been changed from 30 minutes to 20 minutes. It also requires that drivers wear reflective clothing. It also requires two contact phone numbers.

Councilor Biegel questioned the wording on the last page. Mr. Billington said that he would make the necessary corrections.

VOTE: 7 Yeas – 0 Nays

87-07 Road Acceptance Request Submitted by Chase Custom Homes for Rivers Edge Subdivision / Clearview Drive [Pomerleau]

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

Mr. Billington explained that neither this order or the next are ready for acceptance.

Moved by Pomerleau Seconded by Biegel and Voted to Indefinitely Postpone this order. (Unanimous)

88-07 Road Acceptance Request Submitted by JKH, Inc. for Knight’s Woods Subdivision /Quail Ridge Road and Cardinal Drive [Pomerleau]

Moved by Pomerleau Seconded by Biegel and Voted to Indefinitely Postpone this order. (Unanimous)

89-07 Road Acceptance Request Submitted by the Residents of Deer Hill North [Pomerleau]

Mr. Billington explained that the Town has received release deeds from all property owners. This was a proposed subdivision road that was never accepted by the town. The Town discussed this in workshop and we received guidance from our attorney on how to proceed on this process.

Councilor Pomerleau said that this road is paved and we have been plowing it for years.

VOTE: 7 Yeas – 0 Nays

90-07 Acceptance of Street Names [Pomerleau]

VOTE: 7 Yeas – 0 Nays

91-07 Require Council Approval of Further Project Collaterals on Community Building Architectural Contract [Stack]

VOTE: 6 Yeas – 1 Nay, Spencer

Upcoming meetings to be announced.

Chair Stack noted that at the workshop the Council will discuss their priorities. At the workshop on July 24 there will be legal training for both the Planning Board and the Council. The workshop on the 31^st will be a meeting with Grow Smart; and an up date on the progress of the Community Building Contract.

EXECUTIVE SESSION (S)

An executive session was not needed at this time.

Moved by Pomerleau Seconded Spencer and Voted to adjourn. The Council adjourned by unanimous consent at 9:15 pm.

Submitted by: __________________________