Town of Standish, ME - Town Council Meeting Minutes 01/8/08

DRAFT--MINUTES ARE NOT OFFICIAL UNTIL

APPROVED BY THE TOWN COUNCIL--DRAFT

TOWN COUNCIL MEETING

TUESDAY, JANUARY 8, 2008

STANDISH MUNICIPAL CENTER 7:00 PM

Pledge of Allegiance was recited.

The meeting was called to order by Chair Stack. All Councilors were present.

MINUTES OF PREVIOUS MEETING (S)

Moved by Newbegin Seconded by Spencer and Voted to approve the minutes from the December 11 meeting. The minutes were approved by unanimous consent.

PETITIONS AND COMMUNICATIONS

There were no petitions or communications at this meeting.

REPORT OF THE TOWN MANAGER

The Town Manager noted that this is the start of the budget development season for our next fiscal year. He explained the process begins with the Council meeting with the employees to discuss salaries and benefits. The Personnel Committee of the Council refines those recommendations and will bring forward selected items into the budget. He said that at this time he is working with department heads regarding their budgets. He explained that the budget will be forwarded to the Council fourteen days before their March meeting. He went on to say that the town‘s budget is constrained by L.D. 1 which mandates the rate of growth of the tax rate is limited. The rate is based on the growth of personal income plus the real growth of the town. He said that this year is 2.24 % plus the rate of growth with is approximately 6%. He said that is a fairly tight constraint that we have to operate under. The final Council budget will be forwarded to the voters in June.

Mr. Billington explained that the Capital Improvements Committee is working on the 10-year plan which be presented to the Council at their February meeting.

Mr. Billington introduced Deputy Paul Pettengill who is the Community Policing Officer. He will explain the Volunteer in Police Service Program (VIPS).

Deputy Pettengill introduced Captain Dave Williams who would answer any administrative questions; and Janet Biczak who is the volunteer coordinator of VIPS. Deputy Pettengill explained that the program is a nation wide program where volunteers assist law enforcement with non-enforcement tasks. He said that the volunteers will enhance the police efficiency and give better service to the Town of Standish. He explained that the Sheriff’s Department intends to branch out this program throughout Cumberland County. He noted that the VIPS will be divided into three groups: a patrol group, a administrative group, and a special events group. The patrol group will use a patrol vehicle that was donated by the Fire Department. It is painted like the Sheriff’s Department patrol cars; the paint was donated by Standish Auto Parts, and the paint job was donated by Stuart Richards at Standish Collision. He also noted that the Portland Water District donated the monies for the vehicles striping. He said that this shows that there is already camaraderie in the community supporting this program. He said that the patrol group will provide neighbor crime watch shifts and perhaps do vacation checks on residents properties. He went on to say if they find suspicious activities, they’ll radio to the dispatcher and a deputy will be assigned to check into the situation. He said that at no time would a volunteer be put at risk. He said that the Sheriff’s Department will review other areas where to use the volunteers. He said that the events people will provide services such as child safety seat checks, child identification programs and perhaps traffic control at various events. He said that training sessions for the volunteers will start next Tuesday at the Steep Falls Fire Station.

Councilor Newbegin questioned liability issues including how the volunteer’s would be protected if they were injured; and would they have arrest authority.

Capitan Williams said that they would not have arrest authority.

Both Councilor Christy and Councilor Pomerleau echoed the concerns regarding liability issues. Also, there was discussion regarding taking jobs away from fire police.

Captain Williams assured the Council that any liability would be covered by Cumberland County. He noted that the volunteers would sign a waiver regarding this issue.

Deputy Pettengill said that the traffic control group would only supplement the fire police that are on the payroll.

Councilor Pomerleau said that he wanted to make it clear that there was no expense incurred by the Town of Standish for this program. He wanted them to clarify if someone is injured while performing the volunteer duties that they are not covered by the County.

Captain Williams said that if people go into this with their eyes wide open and they take that into consideration.

Dana Fischer, the Finance Director explained that the Finance Department is staffed by two additional people the Bookkeeper, Sherry Allen and Deputy Tax Collector Rayleen Pinkham. He said that this department process tax payments, liens, payroll and vendor check, excise tax collection, monthly finance reports, grant applications. He said that last year 9.6 million dollars was committed for collection of taxes, $7 million of that went to the school district. He went on to say that the 2007 FY audit will be presented to the Council on January 31. He said that the audit shows that the town has adhered to the established fund balance policy. He reminded the audience of the EMS subscription service and that the second installment of the 2008 FY taxes will be due on May 15. He said that the department’s aim is to provide a great service to the town.

140-07 Amendment to Standish Town Code, Chapter 187, Licenses and Permits [Newbegin]

Moved by Pomerleau Seconded by Newbegin and Voted to dispense with the Clerk’s reading of the ordinance amendment. (Unanimous)

Councilor Newbegin noted that this is a result of the over-all ordinance review. This changes the chain of command for issuance of explosive permits; gets the Planning Board involved review of transient seller of consumer merchandise and ups the fine from $25 to $50.

After a public hearing without additional Council or public input the Council voted on the ordinance amendment and the hearing was closed.

VOTE: 5 Yeas – 0 Nays

141-07 Amendment to Standish Town Code, Chapter 188, Massage Establishments and Therapists [Newbegin]

Moved by Newbegin Seconded by Spencer and Voted to dispense with the Clerk’s reading of the ordinance amendment. (Unanimous)

Councilor Newbegin noted that this is a result of the over-all ordinance review. It changes the word ‘may’ to ‘shall’ regarding background checks.

After a public hearing without additional Council or public input the Council voted on the ordinance amendment and the hearing was closed.

VOTE: 5 Yeas – 0 Nays

142-07 Amendment to Standish Town Code, Chapter 202, Parks and Recreation Areas [Newbegin]

Moved by Newbegin Seconded by Christy and Voted to dispense with the Clerk’s reading of the ordinance amendment. (Unanimous)

Councilor Newbegin said that this adds the ice rink in Steep Falls that had been omitted.

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

VOTE: 5 Yeas – 0 Nays

143-07 Amendment to Standish Town Code, Chapter 237, Shoreland Zoning Newbegin]

Moved by Newbegin Seconded by Spencer and Voted to dispense with the Clerk’s reading of the ordinance amendment. (Unanimous)

Councilor Newbegin explained that this brings us in-line with state Shoreland Zoning requirements.

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

VOTE: 5 Yeas – 0 Nays

144-07 Amendment to Standish Town Code, Chapter 245, Solid Waste Recycling and Management [Newbegin]

Moved by Newbegin Seconded by Pomerleau and Voted to dispense with the Clerk’s reading of the ordinance amendment. (Unanimous)

Councilor Newbegin explained that this ordinance deals with keeping people out of the Transfer Station after normal business hours.

After a public hearing without additional Council or public input the Council voted on the ordinance amendment and the hearing was closed.

VOTE: 5 Yeas – 0 Nays

01-08 Application Submitted by Gerard P. Giguere and Patricia M. Giguere dba Giguere’s

Councilor Biegel asked if there had been any kind of complaint against this business.

The Clerk said not to her knowledge.

After a public hearing without additional Council or public input the Council voted on the application and the hearing was closed.

VOTE: 5 Yeas – 0 Nays

COMMITTEE REPORTS

Councilor Pomerleau said that the Capital Improvements Committee met and discussed the 10-Year Plan. The Plan will be finalized in a few weeks.

Councilor Christy said that the Council will be meeting with the Water District on January 29 to negotiate new plans for a beach for the Town of Standish. The area that they will be looking at is the Cargill Lot which stretches from Pine Cove Beach to Littlefield Beach.

Councilor Christy explained that the Town is working with St. Joseph’s College to establish a food pantry in Standish. The proposed location is the Steep Falls Fire Station. He noted that this program will complement the existing food pantry that is located at the Standish Congregational Church.

Councilor Biegel said that the Economic Development Committee met with residents in Steep Falls who are involved with the library and the park. She noted that they have submitted pre-applications for the Community Block Grant Program and will be submitting final applications for the gazebo which has the local matching funds, so there is not a cost to the town. She said that they will be submitting a library grant that will be submitted for the repair of the roof and stairs. There will be no funding from the town on this application because the library will provide the matching funds. A planning grant will be submitted, if approved, would provide funding for an expansion to the library to create handicapped accessible bathrooms, entrance, and a community room. This application would not require town funds.

Council Biegel said that the Economic Development Committee is trying to have Dan Stevenson attend a one of their meetings to help them better understand TIF’s (tax increment financing). At a previous meeting he had reported that there are a lot of creative uses for TIF’s. In addition, Councilor Biegel said that the Economic Development Committee is looking for people to do some leg work to figure out low cost ways to create village identities for the three villages. She said that she wanted to have direction from the Council on how to establish this type of committee.

Councilor Newbegin said that the Ordinance Committee has not met since November, but are scheduled to have a joint meeting with the Planning Board on January 15.

Chair Stack said that the Finance Committee met this past Monday. The town’s revenues and expenditures are in-line with the budget. He went on to say the EMS revenues have increased dramatically since out-sourcing collections. He noted that the preliminary audit is in and will be presented by the auditors at the workshop on the January 29^th.

Chair Stack said that the Route 113 Corridor Committee will meet next Thursday to review the results of the engineering study and survey of the Mountain Division Rail.

Chair Stack said that the Open Space and Conservation Committee was well attended and had a successful meeting last week. He said that Steve Walker of Inland Fisheries addressed the committee regarding where and what the committee can accomplish.

CONSENT CALENDAR

The Clerk explained that the consent calendar items are read by title only and voted on collectively.

158-07 Amendment to Standish Town Code, Chapter 27, Infectious Disease Policy (First Reading) [Newbegin]

159-07 Amendment to Standish Town Code, Chapter 66, Special Fire/Police (First Reading) [Newbegin]

160-07 Amendment to Standish Town Code, Chapter 108, Bridges (First Reading) [Newbegin]

161-07 Amendment to Standish Town Code, Chapter 140, Fire Lanes (First Reading) [Newbegin]

162-07 Amendment to Standish Town Code, Chapter 111, Building Construction (First Reading) [Newbegin]

163-07 Amendment to Standish Town Code, Chapter 181, Land Use, Add Section 181-11, Contract Zoning (First Reading) [Newbegin]

164-07 Amendment to Standish Town Code, Chapter 181, Land Use, Multiple Sections Regarding Accessory Apartments (First Reading) [Newbegin]

Councilor Newbegin said that he would like to have order 163-07 moved back to Ordinance Committee because it has come to light that there are other items out there besides contract zoning that the committee wants to review. Also, the Planning Board has indicated that they would like some input on contract zoning.

Moved by Newbegin Seconded by Biegel and Voted to move order 163-07 back to Ordinance Committee. (Unanimous)

Larry Simpson said that a consent item is one that would have no discussion what so ever. He said that these orders were substantive in nature and the people should have the right to discuss these items.

Councilor Christy shared that the Townsman recently ran an article about Health Officers, he mentioned that others might want to review that article.

VOTE ON CONSENT ITEMS EXCLUDING 163-07: 6 Yeas – 0 Nays

UNFINISHED BUSINESS

02-08 Town Council Appointment to Area 2 Town Council Seat [Spencer]

Councilor Spencer said that the Appointments Committee has met and would like to amend the order by adding the name of Karen Tompson.

Moved by Pomerleau Seconded by Biegel and Voted to amend the order by adding the name of Karen Tompson. (Unanimous)

VOTE: 6 Yeas – 0 Nays

Karen Tompson was sworn to office and took her seat at the Council dais.

03-08 Authorize Standish Sno-Seekers to Utilize the Town of Standish Right-of-Way at the Boat Launch for their Trail Rally [Stack]

VOTE: 7 Yeas – 0 Nays

04-08 Authorize the Rotary Club of Sebago Lake to Utilize the Town of Standish Right-of-Way at the Boat Launch for their Annual Ice Fishing Derby [Stack]

Donal Drew representing the Rotary Club said that they are asking to use the area for the eighth year and there are no changes to the format of the event.

VOTE: 7 Yeas – 0 Nays

05-08 Abandon the Moody Road Site for Construction of the Community Center [Stack]

Chair Stack said that he submitted the order because after meeting with DEP and the Army Corps of Engineers it was discovered that substantial mitigation was necessary to make the building and parking feasible on the site. Any other development on the site would require further mitigation. The mitigation that is contemplated for the site includes preservation of map 7 lot 22 which is on Boundary Road and has an assessed value of $340,000. He said that we already have $325,000 into this piece of land on Moody Road. Adding the two values together brings the costs to nearly $700,000 into that project and we would only be able to have the building and parking. He said that the construction costs for the building and parking have been estimated at $8.7 million and to spend that amount to put a building and parking lot on that land without outside activities didn’t make any sense to him.

Linda Brooks a member of the Building Committee said that the Committee has been working on this process for a number of years she would ask that they allow the Committee to finish the process. She said that they are close to completing their task and she noted that the Committee is not in favor of abandoning this property yet. She said that when the voters voted to purchase the land, the builing and property concept was shown at that time. She explained that the Committee initiated their process with a wish list, which included a number of items, after meeting with the architect they developed a concept plan. She said that they never planned to abandon any existing outdoor facilities that the Town currently uses. She said that it was never a ‘given’ that the Community Center required outdoor facilities. She said that the Committee was asked to present information in February. She said that the meeting with DEP brought up many ideas that would make this lot’s use feasible, some with little costs. She said that the Committee is open to look at other parcels but are not willing to abandon a parcel that may be viable. She said that the process is still unfolding and their work is not done.

Rich Brooks of Spear Road questioned how they could undo something that was done by voter referendum.

Larry Simpson of Richville Road said that he wants the public to hear what’s been going on relative to the Community Center Committee’s activities. He said that unfortunately there have been a lot of innuendos, a lot of things that the Committee has been wrongly accused of. He said that this is a good opportunity to set some of the things correct. He said that the Committee has worked for approximately four years, spending their time and efforts going through everything that the Committee felt needed to be answered. He said that a cost was mentioned, but the Committee hasn’t established that price yet. He noted that the architect had given an estimate of $8.7 million. The price that will go to the votes may be off-set by grants, gifts or fund raising activities. He said that the studies show that the building will be self supporting. He said that if you take $9 million and divide that by the average home of $200,000 valuation would bring the community center cost to .33 cents per day per household. He went on to say that the DEP and Army Corps have said that the building and parking lot could be on this site with a minimal amount of mitigation. He said that if the entire site were to be used it would require substantial mitigation. It was his opinion that the center would not require outside facilities. The Committee offered to submit to DEP/Army Corps mitigation of other town lands. He said that the DEP/Army Corps were willing to look into those lands for mitigation. He said that he recommends a 100 =/- acres that the town owns on the Boundary Road for the mitigation purposes. The land would stay as a town property with a conservation easement. He went on to say what’s the hurry? The order that established the committee didn’t have a timeline.

Councilor Christy asked him to explain mitigation.

Larry Simpson said that when the land was purchased vernal pools were not an issue regarding to the approval process. He said that mitigation means that they want to keep vernal pools in place, but the pools can be created in another location. He reiterated what’s the hurry? He said that the Committee wants to do it right and bring back in a reasonable amount of time. He questioned were they afraid for the chance for it to go to the voters? He said that the Committee looked at approximately seven parcels, this came down to being one of the best for many reasons. He said that the order says to abandon the site, but the committee had asked for $500 to $1,000 to look at the land behind the Town Hall and that was turned down. He said that he questioned the legality of them being able to abandon the site after the people voted for it. He suggested that this lays on the table to get a legal opinion on this. He said that if we abandon this site we’ll have to start the process from the beginning. He said that even if the site is tuned down it’s still a valuable piece of land for the town. He asked that they don’t pass this order and allow them to continue. He said that he would be the first one to say stop if it can’t be done for a reasonable amount of dollars.

Councilor Spencer asked if the property in Steep Falls was sellable.

Larry Simpson said that it is the previous location of the town dump that was capped a number of years ago. He went on to say that only about 10 acres is suitable for building.

Chair Stack said that we own three pieces up there of various sizes.

Larry Simpson said that it is across from the school.

Councilor Biegel asked that he cite the reasons why the Moody Road property is so desirable.

Larry Simpson said that its location, it is the center of town. It has three phase power, public water; and it’s close to Town Hall. He said that it was his opinion that everybody in town would support this site since it is centrally located.

Councilor Christy said that the Committee was established to find a site. He said that at this point whether he agrees with the plan or not; he said that he would send it to the people for a vote. In addition, we gave the Committee until February to present a plan.

Councilor Spencer asked the Chair if this could come back at the March Council meeting since the January 22^nd and the 29^th workshop agendas are all set.

Councilor Pomerleau questioned if this could be presented to the voters in June.

Linda Brooks asked for clarification on the timeline. She asked if they had to come to them in February at the meeting or the workshop.

It was noted that the municipal officer’s deadline for a referendum questions is April 25^th.

Linda Brooks said that the Committee plans to meet on January 17^th to plan for the February workshop. She said that they also acknowledge that they are at the eleventh hour and there are still some decisions to be made and facts to find. She said that she didn’t think that they have all those fact yet. She said that their plan was to get the information together to go to the voters.

Chair Stack asked if they would be able to hold the public forums as was discussed.

Linda Brooks said that the Committee will discuss that the January meeting. She said that they are hearing from the Council to move forward on this.

Councilor Pomerleau asked if firm number for this project will be available at the next meeting.

Linda Brooks said that we’ve been given a directive on this and to bring information on to you.

Councilor Pomerleau said that he was struggling with what’s the difference between the definition of a community and a recreation center.

Linda Brooks said that this would be an expansion of the existing program. She said that there could be many other things involved in a Community Center.

Councilor Pomerleau said that just the building and parking would limit us. He said that he would probably table this for thirty-days to see what you’ll come back with.

Linda Brooks said that there were many things included in the wish list. She said that we started big like anybody would. She said as we looked at the reality and became centered on what was needed, the plan was reduced. She noted that the Kiwanis property was five to six acres and fields there would be leased. She said that it is a long and lengthy process and there have been peaks and valleys.

Councilor Pomerleau said that he thought that a community or recreational center would have fields. He said that ball fields would be an integral part of the center.

Councilor Newbegin said that the first site that was looked at had 10-acres. He said that they have settled on 8-acres. He said that he agreed that this is a bad site. He said that DEP goes 8 times the size of the vernal pools and the Army Corps has to be 20 time the size of the vernal pool for mitigation. He said that he could not support this going to referendum. He said that he did not remember that the Committee was told to come back to the Council with a cost, because we already have the cost.

Chair Stack said that he remembered that there was a consensus at the workshop for the committee to come back to the Council in February. He said that at the last community center meeting it was said that everything would be put on hold until June when the site off the Boundary Road could be surveyed. He said that didn’t think that the committee was intent on coming to the council in February

Councilor Newbegin said that you can mitigate and submit a plan to the Army Corps, but there is no guarantee that it will be approved.

Councilor Biegel commented that she was in favor of the town farm property being used for because that is the center of town. She said that she wished that that committee would consider that site. She went on to ask if it was legal to do this order when the public had voted on this.

Chair Stack said that he was not sure, but he knew that the voters voted to spend $325,000 to purchase the site. He said that there was not funding for mitigating vernal pools. He said developers may be interested in purchasing the land for mitigation of another site. He said that it was his opinion that it would be a dis-service to the public to allow this to go forward, knowing the additional costs.

Councilor Pomerleau questioned if the good land on the Boundary Road was usable with the railroad.

Councilor Spencer asked that Linda to explain the difference between a recreations center and a community center.

Linda Brooks said that a recreation center could include a pool, a fitness room, aerobics room, rock climbing wall and a community center would have other components such as mentioned earlier.

Moved by Christy Seconded by Spencer and Voted to table this order.

3 Yeas – 4 Nays, Biegel, Newbegin, Pomerleau and Stack – 1 Abstain, Tompson

Councilor Pomerleau asked Gordy if this order was legal, or does it need to go back to the voters.

Gordy said that they should get a legal opinion on this issue before they make the decision on this order.

Councilor Spencer didn’t under stand where the additional $300,000 was coming from.

Chair Stack said that was the value of the land off Boundary Road that was to be used as the mitigation plan. He said that is a cost that would need to be added to the cost of the Community Center.

Moved by Pomerleau Seconded by Christy and Voted to postpone this to a time certain of January 29 Workshop to have time to obtain a legal opinion. (7 Yeas- 0 Nays)

06-08 Authorize Charter Commission Referendum [Newbegin]

Councilor Newbegin said that during overall review of the ordinances the committee determined that the Charter needed to be reviewed.

VOTE: 7 Yeas – 0 Nays

Rick Brooks of Spear Road said that it was his opinion that someone on this board should take charge and take a look at the way some of you have treated members of the public. He said that you come across like you are trying to intimidate people because of their opinions, and that’s not fair. He said that people have the right to be heard. He said that it’s fine to disagree. He said that it was his opinion this is the reason why people don’t come forward to serve on committees.

Several upcoming meeting were announced.

EXECUTIVE SESSION (S)

An Executive Session was not needed at this meeting.

Moved by Christy Seconded by Pomerleau and Voted to Adjourn. The meeting adjourned by unanimous consent at 9:20 p.m.

Submitted by: ________________________