Town of Standish, ME - Town Council Meeting Minutes 05/13/08

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

TOWN COUNCIL MEETING

TUESDAY, MAY 13, 2008

STANDISH MUNICIPAL CENTER 7:00 PM

Chair Stack called the meeting to order and the Pledge of Allegiance was recited.

The secretary called the roll. It was announced that Councilor Spencer would arrive later and Councilor Tompson was excused.

MINUTES OF PREVIOUS MEETING (S)

A motion was made to adopt the minutes of the March 26^th;~April 3^rd, 8^th and 22^nd meetings. ~Councilor Biegel said that she recalled the discussion of order 44-08 at the April 22 meeting to include what the Charter calls for regarding expenses greater than $75,000.~ She said that there was just one comment of that whole discussion in which Councilor Pomerleau said that he supported the Capital Plan.~ She noted that they worked hard on the plan and it’s a good plan.~ She said to adequately capture the discussion it was more about any plan in general, and it included what the Charter calls for expenses more than $75,000.~

With this addition the minutes from the above noted meetings were accepted as presented by unanimous consent.

PETITIONS AND COMMUNICATIONS

Town Manager, Gordon Billington, noted that the Council has received the Budget Committees recommendation which will be discussed later on the agenda.

REPORT OF THE TOWN MANAGER

Mr. Billington explained that No-Commercial-Truck-Parking signs have been installed on Middle Jam Road adjacent to the Presumpscot Canal. The public is still allowed to park there.

Mr. Billington said that the contract street sweeper is removing the sand from the subdivision roads, starting in the Whites Bridge section first then moving to the rest of the town.

Mr. Billington announced that there has been a change in Transfer Station procedures. For those wishing to offer reusable items for use by others, check in with the attendants and they will tell you where to leave such items temporarily. Others can take as these items as they wish. After a reasonable time such items will be transferred into the holding bins. No one will be allowed access to items in the holding bins. The wood waste pile is available for residents to remove wood waste items for reuse. As a reminder, the Transfer Station is posted as a no trespassing area when the station is closed.

Mr. Billington said that the access road to the boat launch site on Sebago Lake has been graded and the docks are in. the Town has no control over the parking area which is on Portland Water District private property. Last year parking was lost on the cross connector road, this year there is even less parking available. Be aware that getting a boat launch sticker does not guarantee there will always be parking available.

Mr. Billington explained that Catherine’s Cupboard Food Pantry at the Steep Falls Fire Station is now open each week on Wednesday evenings from 6:00 to 8:00 PM. Drop zones for food items for those wishing to donate are at the Hannaford’s in Standish, at the Town Offices, and at Campus Ministry at St. Joseph’s College. The USDA inspected the location this week and has approved it for distribution of USDA goods.

Mr. Billington there will be a Seniors Forum here on Saturday the 31^st from 10 to 1. Lunch will be provided. Seniors over the age of 55 are welcome to attend and hear about the recreation opportunities in Standish.

Councilor Pomerleau said that trash will be picked up – on Route 113 from Standish to the top of Evens Notch by members of the Route 113 Corridor committee. ~He said everyone is welcome to help. They will meet at the Inlet’s parking lot at 8:00 am.~ The Public Safety Department personnel will help with traffic issues.~ The Committee asks that no children under 16 come to help due to safety concerns.

Councilor Christy asked if the State was aware that the boat launch parking area has been reduced.

Gordy Billington said that the state was aware that the parking area would be reduced.~ He said that the state has a license to use that parking area through the end of this year and it is anticipated that the license will be renewed next year.~

Councilor Christy said that Catherine’s Kitchen has just opened but he wanted to make sure that people are aware that there is another food pantry housed at the Standish Congregational Church on Oak Hill Road.~ This pantry has served Standish residents for a number of years.~

27-08 Amendment to Standish Town Code, Chapter 3, Administration of Government, Article III, Town Council, Section 3-10, Communications: Attendance at Meetings [Newbegin]

Councilor Newbegin said that this amendment put the Council’s stipend in-line with communities in the area.

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

VOTE:~ 6 Yeas – 0 Nays

Town Referendum Questions – Charter Commission/ Bond Question

Mr. Billington explained we have a new ballot style and that there is printing on both sides. ~Gordon Billington said that there are several vacant seats where the names of write-in candidates can be written in.~ ~He explained that Question 1 was to establish a charter commission, if it is approved nomination papers will be available in August for candidates to be placed on the ballot in November.

Councilor Christy said that he was concerned with the number of Planning Board seats that have no candidates.

Councilor Biegel asked if Question 2 was set in stone or could people talk about this.~ She questioned what are we commenting on?

Mr. Billington said that this hearing is to answer any questions that the public might have regarding the upcoming referendum.~

Councilor Biegel noted that the polls will be open for 45 more minutes for anyone interested in voting on the school budget.

After a Public Hearing without additional Councilor or Public discussion the hearing was closed.

45-08 Application Submitted by Patricia M. Giguere and Gerald P. Giguere Jr. dba Wildwood Function Center for Renewal of a Bottle Club License Located at 945 Pequawket Trail [Stack]

Chair Stack said that this is an annual update to their approval.

Councilor Newbegin asked if there had been any complaints to this location.

Gordon Billington said that there were no complaints that he was aware of and noted that the abutters were notified of this hearing.

After a Public Hearing without additional Councilor or Public discussion the hearing was closed and the Council voted on the application

VOTE: 6 Yeas – 0 Nays

COMMITTEE REPORTS

Councilor Pomerleau noted that the Route 113 Corridor Committee met last week in Brownfield where they discussed the scenic by-way, proposed nature trail on the Baldwin/Hiram line, they looking at grant money to paint the water tower in Baldwin.~ He said in a few years the by-way will be a great asset to all the towns.~ He noted that this Saturday the committee will meet to pick up trash along the by-way.~ He noted volunteers are welcome to help.

Councilor Pomerleau said that Capital Improvement items will be discussed on the agenda later this evening.

He noted the Public Safety Committee met, they have been working on acquiring American flags to be placed in the villages.~ He said that another group will be working on planting flowers in the next few weeks.~

Councilor Christy said that the PWD Steering Committee will make a presentation Thursday night to the Water District at 7 pm at the District regarding the proposal for a beach for the Town of Standish.

Councilor Spencer asked people interested in serving on boards to apply.

Councilor Biegel said that the Economic Development Committee has recently met to review the raw data from the business survey.~ A meeting is scheduled next Monday to put a presentation together to bring forward to the business community early in June.~~ She said that the Committee is working to make the villages more attractive.~ She said that they have received comments that the villages need a facelift. ~~She noted that interested community members have met with the Committee and discussed low cost improvements.~ She said that they discussed the former banner program, and in fact they have had communications with Fairpoint regarding helping with this effort.~~ She said that they appreciate the display of the American flag; she said that is a powerful statement that happens a few times in the course of a year.~ She said that driving though other communities that have flags is an awesome display.~ She said that they were concerned at the times when the flags were down, she said that their thoughts were how can we show some Standish pride in our community and get people involved.~~ She said that a number of planting ideas have been discussed and hopefully in the next few weeks there will be a noticeable improvement.~~ She said that it is anticipated that the contract for the tree canopy grant will be received tomorrow and work can start on that project.~ The Council then discussed roadblocks in this process and strategies to move the program forward.

Councilor Newbegin said that two new ordnances will come forward tonight, one on blasting and a substitute order for accessory apartments.~ He said that the Ordinance Committee continues to review of all the ordinances.~ He said that next on their agenda is the Land Use Ordinance which is one of the biggest that they have to review.~~

Chair Stack said that the Finance Committee met and reviewed the revenues and expenditures to date.~ He said that it is the Committee’s opinion that the Town is doing fine and one of the reasons is because if the increase in EMS revenues.~

Chair Stack said that the Open Space and Conservation Committee will meet next week to work on maps for cultural and historical area.

Gordon Billington explained that Volunteers in Policing Services recently had their graduation program.~ This group is a partnership with the Town of Standish, Cumberland County Sheriffs Office and neighboring towns.~ He explained that the members have gone through an exhaustive 16 week training program to prepare them to assist in the policing matters.~ He said that they have several programs to include a senior outreach, property checks, traffic control, neighborhood watch to name a few.~

Councilor Pomerleau said that there is no cost to the Town for this program.~ He said that it is amazing the benefits this program will have for the Town.~~ He went on to say that the Public Safety Department recently had their Awards Banquet where awards to presented to the personnel.

Councilor Biegel said that this Thursday there the Implementation Committee will meet to discuss streets and sidewalks.

Councilor Newbegin said that the Community Center Committee Chairman sent a letter to Gordon Billington regarding vernal pools.

CONSENT CALENDAR

There were no consent items at this meeting.

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 order remains in the Ordinance Committee.

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]

Mr. Billington explained that there is a substituted order presented by the Ordinance Committee.

Moved by Christy seconded by Newbegin and voted to remove this order from the table. (Unanimous)

Councilor Newbegin explained that the new order has been has been streamlined and is good to go.

Moved by Spencer seconded by Christy and voted to dispense with the reading of the ordinance. (Unanimous)

Councilor Newbegin said this ordinance has been streamlined and reviewed by our legal counsel.~ The amendments reduce costs of the accessory apartment while meeting the building codes.

Councilor Christy said that this is long over due for families in Standish.

Chair Stack noted that this amendment was a recommendation of the Comprehensive Plan.~~ He explained that this will allow what were ‘in-law’ apartment to be inhabited by people other than family members.

VOTED TO MOVE THIS TO FIRST READING IN JUNE. (Unanimous)

40-08 Approve Acceptance of Proposed Boat Launch Site by FPL Energy as Municipal Facility [Stack](Tabled at the 4/8/08 meeting until the 6/3/08 meeting)

This item remains on the table until the June meeting.~

46-08 Change Date of Council Meeting in June to June 3^rd [Stack]

VOTE: 6 Yeas – 0 Nays

47-08 Amend to Town Council Rules of Procedure Regarding Review of Towns Fee Schedule [Stack]

Gordon Billington explained that by the Rules of Procedure this item is introduced without debate, lies on the table and becomes the first item of unfinished business in June.

48-08 Resolution Establishing June 27^th and 28^th as Standish Family Festival Weekend [Stack]

Chair Stack said that this is an annual event.

Councilor Pomerleau explained that the Public Safety Department is selling tickets for cow-patty bingo.

Gordon Billington said that a parade will be held on Saturday, there will be a chicken barbeque and fireworks at the Kiwanis Beach.

Councilor Pomerleau suggested the Recreation Department come to the next meeting to give details of Festival events.

VOTE:~ 6 Yeas – 0 Nays

49-08 Award Bid and Authorize Contract for GIS Services [Stack]

Chair Stack said that this will assist the Open Space and Conservation Committee as it progresses through it mission.~ He noted that the establishment of this Committee comes out of the Comprehensive Plan.~ He explained that money was budgeted for this expenditure.

Councilor Biegel said that it is good to see these initiatives and she was excited with this project.

Councilor Christy said that this is the first time he had seen a Comprehensive Plan implemented as quickly as this one has.~ He went on to say that he is looking forward to the finished product.

Councilor Biegel noted that this is another benefit of being the Grow Smart Town.

VOTE:~ 6 Yeas – 0 Nays

50-08 Award Bid and Authorize Contract for Paving [Pomerleau]

Councilor Pomerleau said that there were three bidders.~ FR Carroll came in with the low bid and they have worked with the Town for the last two years.

Tom Childs asked when would Shaw’s Mill Road be paved.

Councilor Pomerleau said that a binder coat was put on last year.

Chair Stack said that paving has already been funded.

Tom Childs asked if engineering designs were done for the repair of that road or was it just been striped of the asphalt and repaved.

Gordon Billington said that an engineer did help redesign the road.~ He said that it was totally dug up and rebuilt.~

Tom Childs said that it seemed that the road bed hadn’t had anything done to it because this year it heaved, deteriorated and broke as in the years past.~ He said that it didn’t make sense to him to pave over something in that condition.~

Gordon Billington said that there was movement on the road this winter.~ He said that they feel confident that will level out and when the shim and overlay layers it will be sealed.

Councilor Pomerleau said that we do the best we can with the money we have.

VOTE:~ 6 Yeas – 0 Nays

51-08 Award Bid and Authorize Contract for Heating Oil [Pomerleau]

Councilor Pomerleau said that he wished that there was better news on this item.~ He said that it is quite a rollercoaster ride this year for the cost of fuel oil.~ This company was the low bidder.

VOTE:~ 6 Yeas – 0 Nays

52-08 Award Bid and Authorize Contract for Heating, Ventilation and Air Conditioning (HVAC) Services [Pomerleau]

Gordon Billington explained that we are changing the method of maintaining the HVAC system for the building.~ In the past, it was a time and materials.~ We need to have someone maintain the controls.~~ If the controls are properly set and maintained we can expect a more efficient system than we have now.~ He said that it is a fixed price where anything that goes wrong will be covered.

Councilor Pomerleau said that anytime we can get efficiency in a building it will pay for itself.

Cara Childs asked if this is included in question 2.

Gordon Billington said that is it for the 2009 FY budget approval.

Councilor Newbegin asked if this will cover the expansion of the building if it is approved.

Gordon Billington said that expansion will come with a warranty for up to three years.~ The new system will be reviewed by Honeywell to make sure it is compatible.

VOTE:~ 6 Yeas – 0 Nays

53-08 Award Bid and Authorize Contract for Design/Build Services to Construct an Expansion to the Municipal Center [Pomerleau]~

Councilor Pomerleau explained that five companies submitted RFP’S for this expansion.~ Many Councilors and town employees reviewed the submitted plans.~ Three companies were eliminated for various reasons.~ On Friday, they met with the two companies at their place of business.~~ He said that they used a point system to rate the two companies.~ He said that it was very close, but Maineland Builders was the finalist.~ He noted that this is all subject to voter approval on June 10.

Moved by Pomerleau seconded Biegel and voted to amend the order by adding Maineland Builders. (Unanimous)

Cara Childs said that she was bothered by question two and all of the items being lumped together.~~ She said that she was concerned.

Councilor Pomerleau said that this was an expansion to the town offices.~ He said that this expansion would also allow voting at this building.~ He said that this expansion has been in the works for several years.~

Cara Childs said that everywhere she has lived there was voting at the schools.~ It was her opinion that voting at the school was a good thing.~ Also, she thought that we could use function rooms at other facilities.~

Chair Stack said that the municipal budget would increase the taxes on a $200,000 by $22 or about 1%.~

Cara Childs said that people don’t have the 1%.

Chair Stack said that with the school budget it will raise it by $130.

Cara Childs said that the school budget committee said it will raise it about $40.

Chair Stack asked which budget committee she was talking about.

Cara Childs said that the Chair of the PTO presented the budget to them. ~She said that they are fighting the same battles that everyone else is such as increasing fuel costs.~~ She said that it is hard for her to be in favor of the expansion in the referendum.~~ She said that it puts the rest of the item in jeopardy.

Councilor Newbegin asked if this order would affect the referendum.

Chair Stack said that this is subject to voter approval.

Councilor Biegel said that she reviewed Article 8, Section 801, speaks to capital expenditures over $75,000 being taken to referendum on the proposed item, not lumping them all together.~ She said that putting them together puts other items in jeopardy. ~She said that she didn’t think that we are following the direction of the Charter.~

Gordon Billington said that he confirmed with the Attorney who said that this procedure to lump them together is consistent with the Charter.

Councilor Pomerleau said that this procedure has been used for a number of years.

Councilor Spencer said that the expenditures are combined to save money in the bonding process.~

Chair Stack said that the items could be sent to the voter’s separately and bonded together.

Councilor Pomerleau said that this is the way that it’s been done for years.

Gordon Billington said that you go to town meeting you vote by department and we treat capital as a department.~ He went on to say that a department can be reduced by an amount but not an individual item.

Councilor Pomerleau said that he hoped that the town meeting vote would go the way of the referendum.

Councilor Billington explained that two of the bids that were received were very close in their proposals.~ He said that the one that was chosen was the low bidder and in his opinion the better proposal.

VOTE: 6 Yeas – 0 Nays

54-08 Authorize Submission of Assistance to Firefighters Grant Application [Stack]

Chair Stack said that the back-up materials were not available for the order this evening. Chair Stack asked that this be tabled.

Moved by Stack seconded by Biegel and voted to table this item until the June meeting.

VOTE TO TABLE: 5 Yeas – 1 Nay, Christy

55-08 Authorize Use of Town Council Contingency for Village Beautification Projects [Pomerleau]

Councilor Pomerleau said the order says the Economic Development Committee but it should say both the committees involved. ~He said that the Public Safety Committee would like to put up flags in addition some funding was needed to put flowers in at the corners.

Councilor Biegel said that the Economic Development Committee thought that to attract businesses to the villages, the areas need to be attractive.~ She said that they had heard that the Public Safety Committee was working on the flag project through a meeting with the Chair Frank Holcomb.~~ She said that the flower idea came up through a partnership with some local residents.~ She said that she did share Councilor Pomerleau’s’ concerns regarding the time limitations.~~

Councilor Spencer asked if they would be planting annuals or perennials.

Councilor Biegel said that in the triangle on Route 25 it would be perennials and in the planters boxes it would be annuals.~ She said that they are trying to figure out where things will be placed.~ She said that things are coming together.~

Councilor Pomerleau said that the attended a meeting where it was noted that they talked about planters but had no funding.~~ He said that he knew that there wouldn’t be another Council meeting before the time that they wanted to place the flowers. He said that he put this order on tonight’s agenda to get the money available.~

Councilor Biegel said that she would like to get access to their account without further Council approval to move forward on this.~ She said the piece of planning that this missing is the struggle of putting flowers in front of someone’s business free when others are paying for their own flowers.~ She said that they want to form some sort of relationship with the businesses’ to make it happen.~

Chair Stack asked if she needed to have funding before June 3.

Councilor Biegel said that they could wait until June 3 if they had to.

Councilor Pomerleau said that with this order they would have the money to use.

Councilor Christy said that contingency funds are for emergencies. ~He said that this is important and the flags are great, he said keep in mind that contingency is not there to dip into; it’s there for emergency purposes.~

Moved by Stack seconded by Pomerleau and Voted to strike the reference to the Economic Development Committee and put in the Standish Public Safety Committee; and eliminate from the next two paragraphs, delete the word ‘ Further’ in the last paragraph and change the word ‘no’ to ‘not’.~ (Unanimous)

Councilor Pomerleau said that the Committee was going to do this project a little later in the summer but there was a drive to get it done now.~ He said that over the next two to three years they hope to purchase better flags.~ He noted that this is a joint effort with the American Legion Post.~~

VOTE: 6 Yeas – 0 Nays

56-08 Final Approval of FY 2009 Municipal Budget [Stack]

Chair Stack explained that the budget has gone through the review process, now this step.

John Sargent from the Budget Committee thanked them all for the way the process was done this year.~ He said that that the Budget Committee sat in the meetings from the start.~ He said the dollar amount the Budget Committee is recommending to reduce is small this year because they were involved in the meetings from the beginning.~~ He said that going to meetings and hearing what others had to say in some cases he altered the opinion on a subject after hearing what others had to say.~ He cited the expansion of the town offices, he said that initially he was not for it but after listening to others speak he changed his mind and supports the expansion.~ He went on to say that the Budget Committee is recommends that each item over $75,000 is voted on separately.~

Chair Stack said that he wanted to thank the Budget Committee for their efforts.

Councilor Christy questioned if establishing a stipend for board and committee members might be in order do to the rising cost of gas.~

John Sargent said that in no matter what you do you’ll get a hand full of people that participate.~~ He said that Budget Committee had a better understanding of the budget this year.~~ He said to answer the question he thought that people should be compensated.~~

Councilor Spencer thanked them Budget Committee for their recommendation of the fabric storage facility for sand.

Councilor Newbegin wanted to talk about Article 5 regarding Public Safety.~~ He said that he would agree to that amendment.

Moved by Newbegin seconded by Pomerleau to accept Article 5 of the Budget Committee.

Councilor Pomerleau said that he wanted clarification on the procedure on this order.~

Chair Stack said that you can go through and accept any of the recommendations of the Budget Committee.~ Chair Stack asked for input on the funding for the conference.

Councilor Christy said that he would speak on behalf of Councilor Tompson who recommends that anyone that attends a conference bring back and share information.~~ He went on to say that the Council might consider funding this type of conference attendance every other year.

Councilor Newbegin said let this be the every other year.~

Councilor Pomerleau said that you also need to consider the staffing while the participant is away from work.

Chair Stack said that the order requires five affirmative votes to pass the overall order.

Councilor Pomerleau asked what would happen if it did not get the votes.

Chair Stack said that it would then go to a join meeting of the Council and the Budget Committee.

Councilor Pomerleau questioned what was the Budget Committee’s vote on this issue.

John Sargent thought that it was unanimous.

Moved to Vote on the amendment to reduce the budget by $2,200 reflecting the amount of the fire chief conference. 3 Yes – 3 Nays, Biegel, Christy and Spencer. Motion failed due to tie vote.

Councilor Christy questioned the amount of $2,000 for PC’s in the Cable Television line.

Chair Stack said that these are computers for the offices.~

Gordon Billington said that these are to replace PC’s that have failed. He said that we need to replace a couple each year.~

Councilor Christy asked for information regarding the reduction of the legal line.

Gordon Billington said that in last year’s budget we expended $67,234.~ This year we have budgeted $55,000.~~ He said that we would be hard pressed to get by with less than $50,000.

Councilor Pomerleau said that the worst case would be that we have a Special Town Meeting to cover the costs.~ He asked if the Chair of the Budget Committee could comment on this.~

John Sargent said that he did not bring that idea forward, but the Committee thought since there were no suits pended in this would be the time to look at other firms.~~ He said that he thought at it was a 4 to 2 vote on this item.~

Chair Stack asked what happens to the narrative recommendations if we vote to override the recommendations.

Gordon Billington said that narratives are asking for recommendations off-line.~ The Budget Committee can only really recommend an increasing or decreasing a dollar figure.~ He noted that some of their recommendations were note worthy.~

Councilor Pomerleau asked about the recommendation to reduce the Council line.

Gordon Billington said that funding is for the Charter Commission.

Moved by Newbegin Seconded by Biegel to accept the recommendation of Budget Committee’s of 1 C.

Councilor Pomerleau said that last year we approved an amount for them to spend for Code/Assessing Offices.

Gordon Billington said that the $1,500 is earmarked for miscellaneous equipment needed for all Departments.

Councilor Pomerleau asked what was purchased out of that account last year.

Gordon Billington said that the amount that was requested was the amount needed.

The Council then voted on the amendment regarding 1 C.: 2 Yeas – 4 Nays, Biegel, Christy, Pomerleau and Spencer.

The Council discussed whether or not they could reduce funding at this time.~ It was announced that the order was to adopt or override the Budget Committees recommendation’s, any other action was out of order.

Councilor Newbegin questioned if they should be discussing the fabric covering for the sand pile.

Councilor Pomerleau said that this has been discussed before, but wasn’t deemed suitable.

Councilor Spencer called to move the question seconded by Pomerleau and voted. (Unanimous)

VOTE: 5 Yeas – 1 Nay, Stack

Councilor Pomerleau said now we will vote on the question?~

Chair Stack said that they just voted on the question.~ He then said that Councilor Pomerleau could make a motion to reconsider the vote.

Moved by Pomerleau seconded by Newbegin and voted to reconsider the last vote.

Councilor Pomerleau said that he thought they were voting on moving the question, not the vote on the order.~ He said that he didn’t want to override the recommendations.

Chair Stack called for the vote to reconsider: 3 Yeas – 3 Nays, Biegel, Christy and Spencer. Motion failed due to tie vote.

57-08 Amendment to the Standish Town Code, Chapter 181, Part 1, Zoning, Article IV, General Standards (Introduction) [Newbegin]

Moved by Spencer seconded by Newbegin and voted to dispense with the reading of the order. ~(Unanimous)

Councilor Newbegin said that this has gone through legal review.

VOTE TO MOVE THIS ITEM ON TO FIRST READING: 6 Yeas – 0 Nays

Moved by Newbegin seconded Biegel and voted to add an appointment order to the agenda. (Unanimous)