DRAFT--MINUTES ARE NOT OFFICIAL UNTIL APPROVED BY THE TOWN COUNCIL - DRAFT
MINUTES
TOWN COUNCIL MEETING
STANDISH, MAINETUESDAY, DECEMBER 11, 2007
STANDISH MUNICIPAL CENTER 7:00 PM
CALL TO ORDER
The Pledge of Allegiance was recited.
ROLL CALL
Chair Stack announced the resignation of Jeff Burgess. Chair Stack said that the town was sorry to receive the resignation and thanked Jeff his contributions to the Council.
Chair Stack said that a three week period would be open to accept applications for this vacancy. Applications can be obtained through the Clerk’s Office. Applications will be reviewed by the Appointment’s Committee for a possible appointment at the January Council meeting.
MINUTES OF PREVIOUS MEETING (S)
Moved by Christy Seconded by Pomerleau and Voted to accept the minutes.
Chair Stack said that at last months meeting Mr. Brown indicated that perhaps a Councilor’s wife had been to his house. Chair Stack said that his wife did indeed accompany him to Mr. Brown’s home but she never entered Mr. Brown’s home. He said that the minutes may reflect what was said; but is not a reflection of the actual event and he wanted that noted in these minutes.
Councilor Christy said that he would like to have a workshop discussion regarding streamlining the Council minutes.
Chair Stack said that would be included as a workshop item on December 27.
The Council then discussed the workshop date and it was voted to cancel the workshop in December. The Council will hold the next workshop as scheduled in January. This was unanimous decision.
At his time the roll was called by the secretary. All Councilors were present.
The Council approved the minutes by unanimous consent.
PETITIONS AND COMMUNICATIONS
There were no petitions or communications this month.
REPORT OF THE TOWN MANAGER
Gordon Billington explained that as far as EMS/Fire calls go we are currently number ten in the state in volume of calls. He said that that sounds surprising for a rural town but we are eighteenth in population in the state. He said that we normally run about 1,300 calls a year for fire/EMS but this year it looks like we will run about 1,600 calls.
Mr. Billington went on to say that growth in town remains low again this year. The noted that the growth cap was set at 85, which was the ten year average. This year we have only had about 15 permits issued so far.
Mr. Billington introduced the Town Planner who presented the monthly department report.
Bud Benson the Town Planner showed the GIS server that is available on the Town’s web site.
PUBLIC HEARINGS
128-07 Amendment to Standish Town Code, Chapter 252, Streets and Sidewalks, §252-27 Development of a Roadway Plan [Newbegin]
Moved by Spencer Seconded by Christy and Voted to dispense with the Clerks reading of the ordinance. (Unanimous)
Councilor Newbegin explained that this plan came forward approximately two years ago and is just coming into order form now. He said that this follows the Comprehensive Plan. He said that this will give us a plan for development and funding of sidewalks.
Isabel Higgins asked who are the side walks for, who will pay for them, and who will maintain them?
Councilor Newbegin said that the citizens of Standish is the answer to all of those questions.
After a Public Hearing without additional Council or public discussion the ordinance was voted on and the hearing was closed.
VOTE: 5 Yeas – 1 Nay, Pomerleau
130-07 Amendments to Standish Town Code – General Assistance Ordinance [Stack]
Chair Stack said that this is an update that happens every year.
After a Public Hearing without additional Council or public discussion the ordinance was voted on and the hearing was closed.
VOTE: 6 Yeas – 0 Nays
131-07 Amendment to Standish Town Code, Chapter 181 Land Use, Section 181-10, Industrial Districts [Newbegin]
Councilor Newbegin explained that is brought forward to clarify what is needed to build in an Industrial Zone.
After a Public Hearing without additional Council or public discussion the ordinance was voted on and the hearing was closed.
VOTE: 6 Yeas – 0 Nays
Moved by Christy Seconded by Newbegin and Voted to take the next eight applications as one hearing and vote. (Unanimous)
Councilor Newbegin asked if any complaints had been received on any of the applications.
Gordon Billington said that there had not been any complaints.
VOTE ON ORDERS 150-07 through 157-07: 6 Yeas – 0 Nays
150-07Application submitted by Dawn Andersen for Renewal of a Combined Massage Establishment/Therapist License at the Center for Soul Enrichment located at 80 Phinney Road [Stack]
151-07 Application submitted by Therese Lewis for Renewal of a Massage Establishment License at the New Hope Hairstyling located at 140A Ossipee Trail East [Stack]
152-07 Application submitted by Sherrie Duchaine for Renewal of a Massage Establishment License at Ahead Above Salon and Spa located at 36 Ossipee Trail West [Stack]
153-07 Application submitted by Gabriele Terrano for Renewal of a Massage Therapist License at Ahead Above Salon and Spa located at 36 Ossipee Trail West [Stack]
154-07 Application submitted by Valerie Veinotte for Renewal of a Massage Therapist License at Ahead Above Salon and Spa located at 36 Ossipee Trail West [Stack]
155-07 Application submitted by Rebecca Demers for Renewal of a Massage Therapist License at Crane Chiropractic Center Located at 320 Ossipee Trail East [Stack]
156-07 Application submitted by Cynthia Doyle for Renewal of a Massage Therapist License at Crane Chiropractic Center Located at 320 Ossipee Trail East [Stack]
157-07 Application submitted by Kelly Lockman and Robin Boardley for renewal of a Massage Establishment and Therapist Licenses at Inner Connections, LLC located at 70 Ossipee Trail East [Stack]
COMMITTEE REPORTS
Paul Mosley the chair of the Community Center Building Committee updated the Council on the several items. He noted that they are continuing to investigate the utilization of the lot on the Northeast Road. He announced that a meeting will be held on Friday, December 14 at 10:00 am with the Army Corp of Engineers, Maine DEP and other interested parties to review issues regarding the building lot.
Councilor Biegel questioned if there would be costs involved having the architect at the meeting.
Gordon Billington said that he would review the contract to determine if this meeting would be covered under the terms of the contract.
Councilor Christy said that the Portland Water Steering will be bringing forward a proposal at the January workshop regarding water access for the town.
Councilor Christy enplaned that the Personnel Committee met with the town employees regarding benefits to be included in the upcoming year’s budget process.
Councilor Spencer said that she hoped to hear from residents in Steep Falls who are interested in serving on the Town Council.
The Clerk announced the openings on various boards and committees.
Chair Stack disclosed that work on the audit is progressing and it may be presented at the January meeting. In addition, the outsourcing of EMS billing has brought the town within to 80 % of the goal set in the budget for collections.
Councilor Newbegin said that the Ordinance Committee’s next meeting will be held on January 15.
Chair Stack reported that last week there was a violation in the right to know law. He said that it was the result of an innocent oversight. He went on to explain that the meeting in question was a meeting arranged at Steep Falls Library regarding a Community Block Grant Application and that proper public notice wasn’t given. He said that another meeting was re-scheduled for Wednesday night beginning at 7:00 pm at the library. He introduced Councilor Biegel who would explain what happened.
Councilor Biegel explained said that a meeting was scheduled at the Steep Falls Library by Councilor Burgess to receive input on the grant process. She said on Tuesday, Aaron Shapiro, Paula Paul, Lorraine Tiedemann, Wayne Newbegin, Jeff Burgess, and she met at the Steep Falls Library. She said that Councilor Pomerleau arrived at the library to deliver oil and said that he didn’t think that the meeting was on the calendar so three Councilors can’t there. She said at that point Councilor Newbegin left immediately. She said that the rest of them stayed; and Aaron spent most of the next hour informing the group about the block grant program. She said that he explained the difference between the planning and program grant. He also explained the application process. She said that it was
strictly an information meeting to get them excited about what programs they might apply for before the deadline. She said that there will be a follow-up meeting tomorrow night.
CONSENT CALENDAR
The Consent Calendar items were read by title and moved forward to either public hearing or first reading at the January meeting by unanimous consent.
140-07 Amendment to Standish Town Code, Chapter 187, Licenses and Permits (First Reading) [Newbegin]
141-07 Amendment to Standish Town Code, Chapter 188, Massage Establishments and Therapists (First Reading) [Newbegin]
142-07 Amendment to Standish Town Code, Chapter 202, Parks and Recreation Areas (First Reading) [Newbegin]
143-07 Amendment to Standish Town Code, Chapter 237, Shoreland Zoning (First Reading) [Newbegin]
144-07 Amendment to Standish Town Code, Chapter 245, Solid Waste Recycling and Management (First Reading) [Newbegin]
158-07 Amendment to Standish Town Code, Chapter 27, Infectious Disease Policy (Introduction) [Newbegin]
159-07 Amendment to Standish Town Code, Chapter 66, Special Fire/Police (Introduction) [Newbegin]
160-07 Amendment to Standish Town Code, Chapter 108, Bridges (Introduction) [Newbegin]
161-07 Amendment to Standish Town Code, Chapter 140, Fire Lanes (Introduction) [Newbegin]
162-07 Amendment to Standish Town Code, Chapter 111, Building Construction (Introduction) [Newbegin]
163-07 Amendment to Standish Town Code, Chapter 181, Land Use, Add Section 181-11, Contract Zoning (Introduction) [Newbegin]
164-07 Amendment to Standish Town Code, Chapter 181, Land Use, Multiple Sections Regarding Accessory Apartments (Introduction) [Newbegin]
Councilor Newbegin explained that the Ordinance Committee met during the daytime to get feedback from department heads regarding the ordinances. He went on to say that most of the changes were chain of command or housekeeping issues.
Councilor Biegel asked if contract zoning could be explained.
Councilor Newbegin explained that contract zoning is deal between a developer or business and the town. He said that it doesn’t change any zoning. It would allow certain uses to be done in a area where the zoning of the area wouldn’t normally allow it. The Planning Board and Council would be the ones to determine contract zoning area.
Councilor Christy said that orders 162, 163 and 164 have strong inferences towards the Comprehensive Plan.
Moved by Newbegin Seconded by Pomerleau and Voted to take new Business before unfinished business. (Unanimous)
NEW BUSINESS
Moved by Pomerleau Seconded by Christy and Voted to add order166-07 to the agenda. (Unanimous)
166-07 Town Appointment to the Route 113 Corridor Committee [Stack]
Councilor Christy said that the Council has been interested in this issue for the last two years. He said that there has recently been a news release where an individual took credit for the scenic by-pass being established. He went on to say that additional information regarding this will be coming forward.
VOTE: 6 Yeas – 0 Nays
165-07Authorize Submission of Cumberland County Development Block Grant (CDBG) Pre-Applications [Stack]
Councilor Biegel said that the purpose for the pre-application for the program is to make sure that the project actually does qualify. She said that this order was submitted as an insurance policy for the Town, but she didn’t think that it was really needed.
Chair Stack said that the intent was to have this order to confirm and make notice to the public that this grant is being applied for; and that the town was involved in the process.
Councilor Biegel explained that the Steep Falls area qualifies to apply for this grant for a variety of reasons.
VOTE: 6 Yeas – 0 Nays
UNFINISHED BUSINESS
147-07 Amend Town Council Rules of Procedure Regarding Protocol for Seeking a Legal Opinion [Stack]
Chair Stack says that this order speaks for itself.
Councilors Biegel questioned if the were that many times that a legal opinion was requested. She said that she had concerns regarding this. She said that she thought that as elected officials all Councilors need to have at their disposal the ability to ask and use all the resources at their disposal to best serve the citizens. She said that she appreciated all the work of the Chair’s position and didn’t think that that the Chair should speak on any Councilors behalf. She said that she could not support this.
Councilor Pomerleau said that he would support this because all other Councilors should aware of what might be being asked.
Councilor Biegel said that it says that it has to be a consensus request, but she thought that any councilor should have the right to ask a question regardless if there is consensus or not. She said that a Councilor may need information to make the best decision.
Councilor Pomerleau said that he didn’t think that a Councilor would ever stop a legal question from being asked. He said other Councilors might have additional information that they would want added to the request.
Councilor Christy said that this eliminates the “I” and accents “We” – we act as a group.
VOTE: 5 Yeas – 1 Nay, Biegel
146-07 Notice of a Call for a Public Hearing to be Held Regarding Memory Lane Music Hall [Biegel]
Chair Stack explained that this has been discussed at previous meeting and would like to hear what has happened since last month. He noted that there was a tie vote on this last month, which brings it to the table this month.
Councilor Christy said that there are twelve pages of notes related to this order. He said that since they are missing a Councilor tonight he said that he would like to indefinitely postpone this until a new Councilor is seated. Waiting would allow for a tie-breaker.
Moved by Christy Seconded Spencer by and Voted to Indefinitely Postpone this until a new Councilor is seated and brought up-to-date on this issue. 3 Yeas – 3 Nays, Biegel, Newbegin and Stack (Motion failed)
Councilor Biegel said that this order simply says that if there continues to be a problem the Council can act to call a hearing if necessary. This lets them know that the Council is serious about this issue.
James Pepper, Thomas Childs, Ann Farrar and Alan Brown and others spoke on this issue bringing up the neighbors continuing concerns about the music hall.
Andrew Cochran an employee of Memory Lane Music Hall explained that he on behalf of the music hall is working with the neighbors to try resolve their on going concerns.
Chair Stack said that he applauded the efforts that have taken place since the last meeting.
VOTE: 2 Yeas – 4 Nays, Christy, Pomerleau, Spencer and Stack
106-07 Close Emery Road for Public Use (Tabled at the 10/07/07 meeting for 60 Days) [Newbegin]
Councilor Newbegin explained that improvements to this intersection are more complicated than they were initially thought to be.
Councilor Pomerleau agreed with Councilor Newbegin’s remarks and went on to say that they wanted to make sure that the intersection was built to meet the traffic needs of the area.
Moved by Christy Seconded by Newbegin and Voted to amend this order by moving this to the Capital Improvement Committee for further review and engineering studies. (6 Yeas – 0 Nays)
VOTE ON ORDER AS AMENDED: 6 Yeas – 0 Nays
PUBLIC ITEMS
Cara Childs said that they needed to take the vernal pools into consideration not only the dollars involved in the Community Building site.
Councilor Christy asked if the January 2 deadline for applications was enough time.
Chair Stack said that the date could be extended if needed. He went on to wish all a Merry Christmas and Happy New Year.
ANNOUNCEMENTS
Several upcoming meetings were announced
EXECUTIVE SESSION (S)
An executive session was not needed at this meeting.
ADJOURN
Moved by Christy Seconded by Spencer and Voted to adjourn. The meeting adjourned at 9:12 pm by unanimous consent.
Clerk/Secretary ________________________________
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