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TOWN COUNCIL MEETING
STANDISH, MAINE
TUESDAY, APRIL 8, 2008
STANDISH MUNICIPAL CENTER 7:00 PM
CALL TO ORDER
Pledge of Allegiance was recited.
ROLL CALL
Chair Stack called the meeting to order. The secretary called the roll. Councilor Pomerleau was excused all other Councilors were present.
MINUTES OF PREVIOUS MEETING (S)
The minutes of minutes from the March 11th and 19th and 26th meetings were accepted as presented.
PETITIONS AND COMMUNICATIONS
Nate Moulton from the Maine Department of Transportation reported to the Council information regarding rail program. He explained that in late 2007 the Department upon the request of the towns on the corridor initiated a study of the rail line that runs from the Portland area to Fryeburg and then on to Vermont. He said that they looked at freight and passenger use of the line; current condition of the line and what costs might be involved in rehab of the line to various classes of track; and they also looked at operations of the line He presented a history of the line and the former uses of the line. He explained that they looked at opportunities for the freight use of the line. He said that with a branch line like this an anchor customer is needed that will ship a lot on the line to justify
the cost of the train. He said that one of the challenges is that railroads succeed at hauling heavy commodities long distances. He said that running fuel from Fryeburg to Portland wouldn’t be competitive. He said that they talked with shippers in the corridor and got mixed results as far as interest in using the line. He noted that a full copy of the report is on the DOT web site, or he could provide a hard copy if someone was interested. He said that they looked at a couple of scenarios and they would be a break-even proposition. He said what they usually do is invest public dollars to get the track to a certain level and then put a private operator on the line to maintain and operate the line. He said that they looked at passenger excursions and commuter service. He said that the population density out here makes it a tough market. He said that they came up with some numbers and it would be a
fairly significant cost. He said that the projections show that there would be about 200 daily boarding on a service. He said that the patron on a trip to Portland would have to drive to the station, ride the train then take perhaps a bus once they are in Portland. He thought that would be asking a lot of people. He said that significant dollars would have to be invested in connecting systems so that people could get around once they arrived at their destination. He said at the current cost would make it a tough sell at this point. He said that excursion operations show some promise because it would be a nice ride but a hard way to make money. He noted that they looked at three classes of rail and thought that Class II would be the best for a number of reasons; it would be cost effective making the infrastructure at a better level and allow better speeds.
Councilor Biegel asked about the hauling of water.
Nate Moulton said that the pellets used for making bottles move well over rail, but there is not a bottling plant in Fryeburg.
Chair Stack asked Nate what was the amount of truck traffic that it would take off the roads.
He said that if you say that 4,000 loads of aggregate would be about 25,000 trucks a year.
Mike Shaw asked how much damage do gravel truck do to the roads.
Nate Moulton said that there are studies on that issue but he didn’t have the numbers but could get the information.
Councilor Pomerleau arrived at this time.
Phil Blood and Gerald Clockedile of MSAD 6 presented the budget for the upcoming year. Phil Blood explained that School Board Members Joe Hogan, Mike Delcourt and Terry Whyte were in the audience. In addition, the principal and assistant principal Doug Parker and Ginny Day are in the audience. He went on to explain the budget and the change in the public voting of the budget this year. He explained that the school started talking about the budget in November. He noted that the budget reflects the people that they have as contracts are negotiated. There are no additional personnel and it is a tight budget. He said that they feel good about the budget noting that the board has worked very hard on the budget. He said that the budget reflects a net reduction of two positions
which will be reductions and realignment of duties of staff at the Superintendents Office. He reviewed the budgetary numbers for the various departments. He highlighted the educational curriculum and the capital improvements under this budget.
Gerald Clockedile reviewed budgetary information related to propane, diesel and heating oil, and electricity costs. He also explained the Budget Meeting and Validation Referendum process which is a new process to the state.
Chair Stack thanked them for coming and presenting their information.
Councilor Christy said that it was his opinion that we had to get some people in Augusta that will realize that that they can’t keep on playing with peoples lives. He said that they have set a process that doesn’t move forward. He said with what’s going on up in Augusta he said that we have to pay attention to who we are sending up there. He said to see what is happening to the educational system in this state and to look at valuation which is driving it. He said that the people in Standish are paying 42% of this whole load. He said that is because we have property on the lake which drives up our valuation. He said that the town pared down their budget by $200,000 which put the mil rate below $10. He said the school budget will bring that to $12 or $13. He
said that he wanted to do something about this but he didn’t know what to do.
Councilor Christy asked how many students from Standish are in the SAD 6 schools.
Councilor Newbegin asked about the people that were losing their jobs.
Mr. Clockedile said that it is a net reduction of two jobs. His job is one of them the other position is reorganization of personnel in administration.
Councilor Newbegin said that the rate seems heavy for the town of Standish.
Mr. Blood said if they go to the next step in reductions it will mean more people and programs. He said that the Director’s thought that this was a good bare-bones budget to bring to the public.
Councilor Newbegin said that at a meeting it was mentioned that we had lost 100 students and special education was down. He said that if we are losing that many students why do we need that many teachers?
Mr. Blood said that the speaker had gotten the information from the state department. He went on to say that they looked at the information and they had actually dropped 23 students. He said that the number fluctuates at given times.
Councilor Pomerleau said that $694,000 is unbelievable. He said that the town’s budget will go over $10 per thousands with school budget. He said that he heard them say that they want to stay true to their 10-year capital plan. He said that he was the chair of the Town’s Capital Improvements Committee, he explained that the town stepped away from their 10-year plan not because of the town’s budget but because they knew what was coming from the school.
Mr. Clockedile said that the school has a 5, 10 and 15 year plan for maintenance, that was actually twice as long but they reduced it in their budget process. He said that they have tried to be diligent and maintain the program that exists today.
The secretary asked Mr. Clockedile to clarify his statement regarding voters being able to increase or decrease the dollar value of a warrant article.
Mr. Clockedile said that they are open warrant articles so they can be raised or decreased
Chair Stack said that he wanted to restate the importance of the May 8th meeting. He said that it will be just a town meeting where voters will vote on the articles. He said that there is no question that they have worked hard on the budget; however, there may be some things that if you think outside the box there may be some savings that could happen. He said that he had suggested at a meeting that they might lengthen the school day or other things that might be a cost savings.
Mr. Blood said that they would be willing to discuss the budget with any group.
Chair Stack said that the Town just completed its budget and on a $200,000 home the increase will be $22 over last year. He said that with the schools budget it will increase the $153 on a $200,000 house. He said that he people need to know that.
Councilor Pomerleau said that he wanted to thank the Standish School Board members, especially Terry Whyte for coming up with ideas of thinking outside the box.
Mr. Clockedile said that many ideas or proposals are road-blocked at the state level.
Terry Whyte said that one of the things she wanted to say was that the true issue is the state valuations and formulas that are used. She said that is where change needs to be made. She said that changes need to be made and plans need to be made for three to five years out on budgets due to contracts that are often that long. She said that laws need to be changed to modify even the simplest things. She went on to say that they have worked extremely hard and every time that the budget is turned down it will cost money.
Councilor Christy said that a number of years ago there was discussion on year-round school but it was turned down. He said it was his opinion that matter still has merit and they should look into it.
Mike Delcourt, School Board member, said that the only way to change them is to force the change on them. He suggested that a TABOR type mandate be moved forward to make schools stay within budgetary limits.
Moved by Christy Seconded by Biegel and Voted to take a five-minute break. (Unanimous)
The Council came back into session by unanimous consent.
REPORT OF THE TOWN MANAGER
Mary Chapman noted various department highlights. She also announced the opening of the food pantry at the Steep Falls Fire Station on April 23.
Moved by Biegel Seconded by Spencer and Voted to move order number 40-08 out of order and take it up at this time. (Unanimous)
40-08 Approve Acceptance of Proposed Boat Launch Site by FPL Energy as Municipal Facility [Stack]
Chair Stack noted that there had been a workshop held on this topic recently. He said that representatives from Florida Power & Light attend the workshop and presented their proposal. At that meeting it was agreed to bring an order forward to discuss this.
Kenn Brooks asked if there would be two-way traffic, if provisions have been made to protect the cemetery, and would the culverts be repaired.
Timothy Twombly spoke on behalf of his parents who are abutters of the project. He said that his parents are not in favor of the boat launch, due to the wildlife habitat and he said that this project would also increase traffic which would affect their quality of life. He noted that on their property there was a stone wall that they wanted to make sure was not to be removed or damaged. He said that additional traffic would potentially create security and privacy problems for residents in the area. He said that it was his opinion that this would reduce that value of their property. He said that if it is decided to build the launch he had the following request: 1) His parent’s property should receive a substantially and forever tax abatement. 2) The grading of the roadway be such
that runoff will not pollute wells. 3) Culverts installed to provide adequate drainage. 4) Fencing installed to prevent light reflecting off of the parked vehicles. 5) Fencing at his sisters property. 6) Protection of the cemetery.
Steve Bartlett of Hollis explained that his family live on the other side of the river in Hollis. He said that there has always been troubles on the river from debris and clutter, rowdiness. He cited the development on Deer Pond and Lake Arrowhead noting the impact on those areas.
Jessica Smith an abutter of the launch said that she shared a lot of the same concerns that have already been mentioned. She said that when they purchased their property ten years ago never did they expect a public boat launch to be there. She said that at the boat launch area there are odd currents which create safety issues.
Dale Smith of Cape Road said that he grew up on the river. He owns 43 acres on the river and was concerned that this launch would cause people to use his property and perhaps misuse it.
The secretary read a letter from Roxanne Twombly. Ms. Twombly’s concerns were regarding wildlife habitat in the area and security and policing of the area. The letter is on file with the minutes in the Town Clerk’s Office.
Doyle Hudson a Limington resident said that the area couldn’t support large traffic.
Russell Smith of Cape Road said campers often leave behind trash which causes problems.
James Clay of River Road said he owns property on the river and it is difficult to keep people off your property.
Ernie Deluca representing FPL Energy as their Recreation Director said that he would like to address some of the concerns heard here tonight. He said that they are well aware of the cemetery, culverts and the condition of the road. He said that this is the beginning of a long process if it is approved. He said that they are ready and willing to put in the facility as the Town, Planning Board and Saco River Corridor Commission will approve. He said that this is not their first attempt to put in a launch facility. They first brought this forward in 1994 when Bonny Eagle was re-licensed by the Federal Energy Commission which requires the power company to look for public access. He said that there is public access to the river but these sites have been deemed unsuitable for a boat ramp. He said that the area that they are discussing was at one time permitted as a maintenance ramp for FPL use only. The ramp was not built so the permit expired, so the permitting process would
have to be redone. He said that they have investigated seven sites on this stretch of the river; he said that they are mandated by the federal government to work on this project. He said that he is here to work with the abutters if it is approved.
Dora Smith of Cape Road asked if this went through who would be responsible for the maintenance and policing of the facility once it is built.
Chair Stack said that it would be the Town.
Jessica Smith asked if the site was suitable for a launch what criteria were used to determine that.
Bill Campbell an FPL engineer said that from an engineering prospective the land is suitable for a boat launch. He said that no swimming would be permitted. Boat barriers would be installed near the dam. He said that they know that there are eddies in the area, but they will not affect the launching of boats.
Linda Twombly questions if FPL would lock/unlock the gate.
Chair Christy said that FPL would provide major maintenance to the facility.
Dale Smith said that there is a lot of ledge in that area will they have to do blasting.
Francis Brautigam a biologist from Inland Fisheries and Wildlife said that the Department is in support of developing public access to this section of the river. He explained that many of the traditional access sites have been lost due to properties changing hands. He said that there is a need to secure public access to enjoy the Saco River.
Councilor Newbegin asked the abutters if trash was a problem at the site now.
Jessica Smith said that there is not trash on the land, but trash does get hung up in the water in that area.
Councilor Pomerleau asked how many miles is that section of the river and what problems have been noted at other unattended launches.
Francis Brautigam said that they recently constructed a launch on the Androscoggin River and it has been working very well.
Ernie Deluca explained that FPL have develop approximately 50 sites and trash is not an issue on those sites. He said that this site will be developed for day use only.
Kenn Brooks suggested that they build the ramp on the island at the other end of the dam.
Councilor Newbegin said that if we go along with this proposal would there be citizens in the area that would work on the plan with FPL.
Jessica Smith said that if it were approved they could work together because they would have to.
Councilor Christy said that he was concerned about traffic issues on the river and the size of boats that would use the facility. He said that at this point all that is being asked for is the opportunity to go through the public hearing process. He said that he is concerned with the town being responsible for policing the facility.
Councilor Biegel said that she was torn on this issue. She said that she understands that it is important to have access to the river. She went on to say that she has seen this type of launch work in other areas and the users are respectful. She said that the concern with this site is its distance from the road and that it cannot be monitored from the road.
Chair Stack said that he was concerned that not one person here wanted the launch. He said that he would like to see this to be tabled to have the parties work together on this.
Councilor Christy said that he too would like to see them get together and work on the issue. He said that he did think that patrolling the area will be an issue.
Chair Stack said that he suggested tabling because the abutters have not had a chance to interact on this.
Councilor Tompson said that that the workshop she have voiced concerns regarding legal and insurance issues.
Chair Stack said that Mr. Billington had explained that it would be covered under the Town’s liability insurance.
Councilor Tompson also said that she was concerned with the passive boat barrier.
Bill Campbell explained that passive barriers near dams are a standard requirement of the federal government.
Councilor Pomerleau said that he truly believed in people’s quality of life.
Councilor Biegel stated that people will use the facility at their own risk.
Moved by Christy Seconded by Pomerleau to table this order until the meeting of the Council in June to allow time for the parties to meet to discuss this issue. (Unanimous)
Ernie Deluca explained that the ordinance requires that the municipality run the facility.
The Council took a five-minute break.
PUBLIC HEARINGS
11-08 Amendment to Standish Town Code, Chapter 263, Vehicles and Traffic, Parking and
Weight Limit Restrictions, Section 263, Prohibited Parking [Stack]
David Daniels of Middle Jam Road explained to the Council the truck traffic that he has seen on the road. He said that the parking ban would help to control this problem.
After a public hearing without additional Council or public discussion the above titled ordinance was voted on and the hearing was closed.
VOTE: 7 Yeas - 0 Nays
33-08 Application Submitted by James Paquette dba Memory Lane Music Hall located at 35 Blake Road for Renewal of a Pool Room License [Stack]
After a public hearing without Council or public discussion the above titled application was voted on and the hearing was closed.
VOTE: 7 Yeas - 0 Nays
34-08 Application Submitted by James Para dba Standish House of Pizza for Renewal of a Malt Restaurant License [Stack]
Councilor Spencer asked if everything was in order.
Councilor Biegel asked if there had been any complaints regarding this facility.
The Clerk said not to her knowledge.
After a public hearing without additional Council or public discussion the above titled application was voted on and the hearing was closed.
VOTE: 7 Yeas - 0 Nays
COMMITTEE REPORTS
Councilor Pomerleau said that CIP met and looked at the expansion of the town offices, they reviewed a draft that showed the planned expansion.
Councilor Pomerleau said that the Route 113 Corridor Committee attended in Rangeley. They learned additional information regarding scenic byways.
Councilor Pomerleau said that the Public Safety Committee met last night to plan for the Public Safety Fair. He noted that the VIP’s are holding a bean supper on April 12 at the Steep Falls Fire Station.
Councilor Christy explained that the Personnel Committee continues to meet regarding employee benefits.
Councilor Christy said that the Standish members of the PWD Steering Committee have met regarding on going issues.
Councilor Spencer explained that the Appointments Committee is accepting applications for numerous committees.
Councilor Newbegin noted that the Ordinance Committee will meet this Tuesday. They have finished the review of the accessory apartment ordinance.
Councilor Biegel said that the Economic Development Committee submitted a grant for the Project Canopy Grant. They will know by the end of the month if it will be awarded to the town. She noted that later this month the results of the business surveys will available.
Chair Stack announced that the town has hired a Finance Director. The Open Space Committee will be placing various sites and features on the map.
CONSENT CALENDAR
The following items were voted on collectively.
35-08 Approval of Election Clerks and Election Warden for the May 13 School Budget Validation Referendum [Stack]
36-08 Approval of Election Clerks and Election Warden for the June 10 Elections [Stack]
37-08 Authorize Change in Voter Registration Hours Prior to the May 13 School Budget Validation Referendum [Stack]
38-08 Authorize Change in Voter Registration Hours Prior to the June 10 Elections [Stack]
39-08 Approval of Municipal Warrant for Prosecution of Owners or Keepers of unlicensed Dogs [Stack]
VOTE ON CONSENT CALENDAR ORDERS: 7 Yeas- 0 Nays
UNFINISHED BUSINESS
163-07 Amendment to Standish Town Code, Chapter 181, Land Use, Add Section 181-11, Contract Zoning (First Reading) (Moved to Ordinance Committee at the 1/8/08 Council Meeting) [Newbegin]
This item remained on the table.
164-07 Amendment to Standish Town Code, Chapter 181, Land Use, Multiple Sections Regarding Accessory Apartments (First Reading) (Moved to Ordinance Committee at the 2/11/08 Council Meeting) [Newbegin]
This item remained on table.
27-08 Amendment to Standish Town Code, Chapter 3, Administration of Government, Article III, Town Council, Section 3-10, Communications: Attendance at Meetings (First Reading) [Newbegin]
Councilor Newbegin explained that this was reviewed in the Ordinance Committee.
Moved Seconded and Voted to public hearing at the May meeting of the Council. (Unanimous)
NEW BUSINESS
41-08 Forward Fiscal Year 2009 Budget to Budget Committee [Stack]
Chair Stack explained that the Council has completed its review of the budget. The Budget committee will need to return it by April 25th.
VOTE: 7 Yeas – 0 Nays
Moved by Biegel Seconded Christy and Voted to add order number 42-08 to the agenda.
42-08 Waive Planning Board Site Plan Review Application Fee for Steep Falls Village Improvements Committee [Biegel]
Chair Stack explained that the will still have to go before the Planning Board this will only waive the fee.
Councilor Biegel said that Gus Favreau spoke to this issue at the donations budget meeting. The Steep Falls Improvements Committee would like to start the farmers market as soon as possible.
Councilor Christy asked where the proceeds form the farmers market go?
Councilor Biegel thought that it would go to improvement to the park.
VOTE: 7 Yeas – 0 Nays
PUBLIC ITEMS
Councilor Biegel said that at the end of April there will be a Special Council meeting to approve referendum questions. She said that it was here opinion that they needed to get together prior to that meeting to discuss the $500,000 expenditure for the municipal building expansion. She said that they should have some information justifying the need for the office space. She said that she didn’t doubt that the need existed, but she said that we require department heads to justify budgetary requests and to her knowledge we have not received data to justify this request. She said that we should have the information on file to support the need for the expansion. She said that this is a major expense and it deserves careful thoughtful scrutiny.
Chair Stack said that the expansion was placed on the 10-year plan a few years ago. He said that this has been fully discussed at several meeting and he didn’t think that we needed to go over this again.
Councilor Newbegin asked if the proposals would be reviewed by the Council at a workshop.
Councilor Pomerleau said that we have crowded conditions here and it makes sense to expand here rather than in another location.
ANNOUNCEMENTS
Several upcoming meetings were announced.
Councilor Newbegin wanted recycling issues to be discussed at a workshop.
Chair Stack said that it would be on the next workshop.
EXECUTIVE SESSION (S)
An executive session was not needed at this meeting.
Moved by Christy second by Pomerleau and voted to adjourn. The meeting adjourned at 10:30 pm by unanimous consent.
PLEASE NOTE: THESE MINUTES ARE NOT VERBATIM. A VIDEO RECORDING OF THE MEETING IS AVAILABLE AT THE TOWN CLERK'S OFFICE DURING REGULAR BUSINESS HOURS
Submitted by: _____________________________
Clerk/Secretary
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