DRAFT -- MINUTES ARE NOT OFFICIAL UNTIL APPROVE BY THE TOWN COUNCIL -- DRAFT
MINUTES
TOWN COUNCIL MEETING
STANDISH, MAINE
TUESDAY, JUNE 3, 2008
STANDISH MUNICIPAL CENTER 6:30 PM
CALL TO ORDER
Chair Stack explained that this is the regular meeting for the month of June since the scheduled date falls on Election Day.
The Pledge of Allegiance was recited.
ROLL CALL
The roll was called by the secretary.~ All Councilors were present.
EXECUTIVE SESSION
Moved by Newbegin seconded by Spencer and voted to go into ~Executive Session for the discussion of a Personnel Matter as provided under 1 M.R.S.A. (6) (A). (Unanimous)~ Chair Stack noted that the Executive Session will last about 45 minutes.
Moved by Biegel seconded by Spencer and voted to arise from Executive Session.~ The Council arose from Executive Session at 8:40 pm by unanimous consent.~
MINUTES OF PREVIOUS MEETING (S)
Minutes from the May meeting will be available at the next meeting.
PETITIONS AND COMMUNICATIONS
Councilor Biegel said that a gentleman stopped by her home and inquired about the recycling signs that used to be at the Transfer Station.~ She said that he indicated that he would like to see those signs back at the Transfer Station.~ ~She went on to express her concern regarding the intersection of Route 114 and Boundary Road.~ She thought that would be a good location for a passing lane.
Gordon Billington said that he would refer that to MDOT.
Chair Stack said that he received a call from Mr. Hassapelis who has accused the Council of appointing committees and then micro-managing them.~ Mr. Hassapelis’ letter also noted the error in the interest rate on the pending bond question has not been adequately disclosed to the public.~ Chair Stack said in regards to the appointment of committees for the Council to appoint a committee and then turn a blind eye to the committee would be inappropriate. Chair Stack said that with regard to the second item, the expansion has been on the Capital Improvements Plan for some time.~ He noted that every meeting that the Council or sub-committees have are open to the public.~ Chair stack said that once the error in the bond was discovered it was announced at a meeting, again here tonight and there will be postings at the polls. ~Chair Stack explained that the error will not affect this year’s tax rate and will in future years represent a .01 cent increase per thousand of valuation.
REPORT OF THE TOWN MANAGER
~Gordon Billington, the Town Manager presented the following items:
à Paving of Shaw’s Mill Road will take place this month.~ In addition, the Baldwin Road will be paved this year.
à ~Until the first of July brush can be dumped free of charge at the Transfer Station.
à Seasonal boat launching stickers will be available only at the Town Hall this year.
à The sweeping of streets is approximately three-quarters complete.~~
Mr. Billington introduced Recreation Director Linda Brooks who will highlight the Family Festival.
Linda Brooks explained the dates of the festival are the 27th and 28th of June.~ Festivities include a movie night, Chandlers Band which hails as the 2nd oldest band in the country will perform Friday night.~ In addition, cow patty bingo, a block party event hosted by Livingstone Community Church, Schoolhouse Arts Center will promote their summer performance; other organizations will include the Standish VIP’s, American Legion Post 128, and Standish Softball Association.~~ On Saturday, the parade will kick off at 9:00 am starting at Blake Road and ending on the Oak Hill Road. Tours of the Marrett House and the Old Red Church will be available.~ This year the parade will include local groups and the Kora Shrine Logrollers will participate.~ Linda Brooks noted some local businesses that have offered
support are Standish House of Pizza, Gorham Savings Bank, Norway Savings Bank, State Farm Insurance, Domino’s Pizza and Boyer Plumbing and Heating to name a few.~ She said that the Kiwanis Beach will be open free of charge after 3 pm.~~ Starting this year the Kiwanis Club will partner with another origination to host the chicken barbeque.~ The festival will end with fireworks at dark on Saturday night.
PUBLIC HEARINGS
59-08 Application Submitted by Suzanne White for a Combined Massage Establishment /Therapist License Located at 15 Harbor View Way [Stack]
Chair Stack noted that the application had been signed-off by the inspectors.
The secretary read a letter from Rebecca Hawkes who indicates that the business seemed harmless but was concerned about it’s affect on property values and other businesses that might want to locate in that vicinity.
Councilor Newbegin asked where was 15 Harbor View Way.
The secretary said that it is located off Route 114 in Maine Avenue area.
After a Public Hearing without additional Councilor or Public discussion the hearing was closed and the Council voted on the application
VOTE:~ 6 Yeas – 1 Nay, Newbegin
60-08 Application Submitted by Maria Smith for a Therapeutic Massage Establishment License Located at 100 Ossipee Trail East [Stack]~~~~~
After a Public Hearing without additional Councilor or Public discussion the hearing was closed and the Council voted on the application.
VOTE:~ 7 Yeas – 0 Nays
COMMITTEE REPORTS
Councilor Pomerleau noted that the Public Safety Committee will sponsor cow patty bingo at the Family Festival.~~
Councilor Pomerleau thank those who helped with the trash pickup on the Route 113 Scenic By-way.
Councilor Christy said that the Standish PWD Steering Committee submitted a proposal to PWD for a beach in the Cargill Lot area.
Councilor Spencer said that the Town is accepting applications for various boards and committees.
Councilor Spencer said that the Community Building Committee is compiling their final report for the Council.
Chair Stack said that the Limington Lumber donated lumber for the gazebo project at the Steep Falls Park.
Chair Stack said that the wanted to thank the Public Works Department for their efforts in the Route 113 clean-up.
Councilor Newbegin said that the Ordinance Committee is scheduled to meet on June 17 a topic of discussion will be a noise ordinance.
Councilor Biegel said that a business forum will be held tomorrow in Council Chambers.~ They hope that it will be attended by businesses that completed recent survey to have an opportunity to review the results.~~ It is hoped that the results will help the Town discover what the business needs in Standish are.
Councilor Biegel said that the Council will have to hold a workshop session to discuss the Canopy Grant.~ Councilor Biegel said that they had applied for an inner city grant for $15,000.~ They were told that they had preliminary approval for the amount of $11,000.~ However, when it was reviewed by the Department of Forestry it was deemed that Standish did not qualify for inner-city grant designation.~ The category was changed to a Planting and Maintenance category for an award of up to $8,000.
Councilor Pomerleau asked that some information be presented to the Council to give an update on this issue.
Councilor Biegel said that Jan our contact met with the Town Manager and the EDC to explain the changes to the grant application.~ Jan noted that at the state level, Standish met the requirement of the grant process but, did not meet the requirements of the federal levels.~
Chair Stack asked that information be provided to the Council before the June 24 workshop.
Gordon Billington said that the Council has a year to make their decision to accept the funding.
Chair Stack said the Open Space Committee will have a joint meeting on June 12th with the Master Plan Implementation Committee; the public is welcome to attend.
Councilor Biegel said that at that meeting models will be set up to help the public visualize what Standish Corner will look like.~ The public is encouraged to attend this meeting to give input on this issue.
~
CONSENT CALENDAR
There were no consents items on this agenda.
UNFINISHED BUSINESS
47-08 Amend to Town Council Rules of Procedure Regarding Review of Towns Fee Schedule [Stack]
Moved by Newbegin seconded by Spencer and voted to remove this item from the table. (Unanimous)
Chair Stack said that this will put the review of the town fee schedule on a three year cycle by the Finance Committee.
VOTE:~ 7 Yeas – 0 Nays
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 in committee.
164-07 Amendment to Standish Town Code, Chapter 181, Land Use, Multiple Sections Regarding Accessory Apartments (First Reading) [Newbegin]
Moved by Newbegin seconded by Christy and voted to dispense with the Clerk’s reading of the ordinance. ~(Unanimous)
Councilor Newbegin said that this will assist people wanting to add an accessory apartment.
Mr. Billington explained that this received a Public Hearing at the Planning Board last night.~ There was no public discussion on the topic; it was well received by the Planning Board.
Chair Stack asked if this was allowed in the Shoreland Zone.
Councilor Newbegin said that he would get an answer for that question.
VOTE TO MOVE THIS ITEM TO PUBLIC HEARING: 7 Yeas – 0 Nays
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)
Moved by Christy seconded by Spencer and voted to remove this item from the table. (Unanimous)
Chair Stack said that this was tabled to allow the parties to get together to see if they could come to an agreement.
Ernest Deluca the Recreation Director of Florida Power and Light said that a May 15th meeting was held with the abutters to discuss the launch.~~ He said at that meeting the abutting landowners voiced many concerns including the lack of law enforcement, prospects of litter, potential for petroleum leaks, impact to the local wildlife, noise from boats and the overall public safety.~ Francis Brautigam a biologist from Inland Fisheries and Wildlife spoke to their concerns about high powered boats using the facility.~ It was noted that the public has the right to use that waterway and it is a mandate that the state provides access.~ He said that IF & W would provide signage explaining the use of the area.~ Mr. Deluca said that finding a launch site is part of the Bonny Eagle licensing requirement.~ He went on to say that they
would work with the Planning Board and other town departments.~ He went on to say that not one single person at the meeting was in favor of this facility.~ He said that Florida Power and Light is willing to pursue this project if the Council supports it.
Chair Stack asked him if there was anyone at the meeting that was interested in using that facility.
Mr. Deluca said that FPL sent notices to the people that were at the Council meeting.~ They did not put ad of the meeting in the newspaper.
Councilor Biegel asked if there was an alternate site available.
Mr. Deluca said that there was no discussion of any other site.~ He said that the abutters would prefer no public access in that area.
Bonny Rand read a letter from her brother Timothy Twombly.~ His comments conveyed that they did not want the boat launch or access road abutting their property.~ He noted it that it was his opinion that wildlife would be negatively affected; increased people using the area and fact that it is isolated from view were his concern.~ His letter urged the Council to reject this proposal.
Robert Beedy explained that his mother owns the campground and they allow people to launch boats from their property.~
Joseph Brown said that the campground only offers limited access to some people.
Jessica Smith of Cape Road offered a history of the river and the attempts to put in a boat launch in the five mile stretch that the abutters are concerned with.~~ She cited a newspaper article regarding the abundance of trash on the river.~ She noted that the effort to put in a boat launch on the Saco River was part of the licensing process.~ She said that in 1999 the Saco River Corridor Commission rejected an application for a recreational area and it was cited lack of law enforcement and public opposition was the reason.~~ She said that that the Federal Committee rescinded the requirement because of the local opposition.~~ She said that there have been numerous attempts that have failed because of abutter opposition.~~ She said that they met with Florida Power and Light at the request of the Town Council.~ She said that no compromise was
met and she said the only support for this site was from IF & W.~ She said that the abutters don’t want the boat launch.
Councilor Christy said that he has the same concerns now as he had in the past.~~He said that he would support a letter being sent to the Energy Commission to not have this as part of the licensing procedure.
Councilor Pomerleau said that he would not support this order tonight.~ He did feel bad about categorizing everyone who would use the facility as people that would not respect the area.~~ He said that he has spoken to many people that said they would use the area and knew that they would take care of the facility. ~He said that even though Mr. Beedy said that their facility could be used there may be restrictions.~~
Councilor Newbegin said that he thought that this was a great opportunity to access the river.~ He said that how can we assume people would trash the area.
Councilor Biegel said that key point for her was the remoteness of the proposed site.~ She said that for her that kills it. ~
Chair Stack said that the people that are here tonight tax dollars will be spent to run this facility.~ He said that he was not sure if everyone that might be interested in this was aware that it was a proposed site.
VOTE: 1 Yea – 6 Nays, Biegel, Christy, Pomerleau, Spencer, Stack and Tompson
54-08 Authorize Submission of Assistance to Firefighters Grant Application [Stack] (Tabled at the May 13 meeting)
Chair Stack explained that this an application for a grant for turnout gear. ~The grant is for $63,000 and will cover 35 sets of gear.
Moved by Christy seconded by Newbegin and voted to remove this item from the table. (Unanimous)
Councilor Newbegin asked if this was a guarantee.
Mr. Billington said that there is a 5% matching requirement.
VOTE: 7 Yeas- 0 Nays
57-08 Amendment to the Standish Town Code, Chapter 181, Part 1, Zoning, Article IV, General Standards, Blasting (First Reading) [Newbegin]
Moved by Newbegin seconded by Pomerleau and voted to dispense with the Clerk’s reading of the order.
Councilor Newbegin said that this is a long time coming.
Mr. Billington said at the Planning Board Public Hearing there was the concern regarding the way this was written regarding blasting within the 250’ limit of a property line. He noted that only applies for mineral extraction not for foundations. ~He also noted that in some cases blasting would require Planning Board approval.~
Councilor Biegel said that she was concerned about the video taping of neighboring properties and thought that there should be a notification process for the abutting owner.
Councilor Tompson read Section 4 A which explained the notification process.
Councilor Newbegin said that there are many checks and balances in place.~ He noted that the homeowners will be notified of taping.
VOTE TO MOVE THIS ITEM TO PUBLIC HEARING: 7 Yeas – 0 Nays
NEW BUSINESS~
61-08 Authorized Tolling Agreement between Time Warner Cable and the Town of Standish [Stack]
Mr. Billington explained that the franchise with Time Warner Cable is pending renewal.~ He said that we have notified them that we want to go through the formal renewal process.~ The state has established that a model franchise be developed.~ He said that all the communities have to agree to the process.
VOTE: 7 Yeas – 0 Nays
62-08 Authorize Mutual Aid Agreement with Cumberland County [Stack]
Mr. Billington said that this is an update to an existing agreement.
Councilor Newbegin asked if this would include the emergency management plan.
Mr. Billington said that it would.
Councilor Christy asked why it was a one-year term
Mr. Billington said that he was not sure of the reason for the length of the term.
Councilor Biegel said that she would like to have a workshop session regarding the emergency plan.
VOTE: 7 Yeas – 0 Nays
63-08 Approve Warrant for Annual Town Meeting [Stack]~
Chair Stack said that this speaks for itself.
Councilor Biegel asked if these numbers come from the budget.
Mr. Billington said that they did.
VOTE: 7 Yeas – 0 Nays
64-08 Approve Renewal of Waste Hauler Licenses [Stack]
VOTE: 7 Yeas – 0 Nays
65-08 Approve Town Managers Contract [Stack]
Chair Stack said that he appreciated the help from the Manager.
Councilor Newbegin asked if there was a copy of the contract to review.
Mr. Billington said that a copy of the contract was given to the Council with a copy of the annual review.
VOTE: 7 Yeas – 0 Nays
66-08 Town Council Appointments to Various Boards and Committees [Spencer]
Moved by Spencer seconded by Christy and voted to dispense with the Clerk’s reading of the order. (Unanimous)
Councilor Christy said that he would like to see board/committee members paid a stipend for expanses.~ Also, he said that he was concerned with the number of vacancies.
Moved by Spencer seconded by and voted to add the name of Donald Essman to the Historic Preservation Commission for the term to expire in 2011. (Unanimous)
VOTE ON ORDER AS AMENDED: 7 Yeas – 0 Nays
67-08 Confirmation of Town Manager’s Appointments [Spencer]
Moved by Christy seconded by Spencer and voted to dispense with the Clerk’s reading of the order. (Unanimous)
Moved by Pomerleau seconded by Newbegin and voted to vote on these appointments separately. 6 Years – 1 Nay, Biegel
Councilor Biegel asked if there was any discussion about this.~ She said that she was curious why this is being done.
Councilor Pomerleau said it was because he didn’t support one of the department heads, and he didn’t feel that he should be required to support someone that he didn’t support.
Councilor Biegel said that she was a member of the Personnel Committee, and she has sat with most of the members that are listed. She asked if there was other information that she would need to know before voting on this order.
Councilor Pomerleau said that this is brought to us incase a Councilor has issues with a department head.~ He said if a Councilor has a problem with a department head why should they have to vote on someone they don’t support.
Chair Stack said that if some thinks that he did not offer the opportunity for debate on the amendment then someone that voted in affirmative could reconsider the vote and the discussion could continue.
Councilor Christy said that it has been voted on both ways in the past.
Councilor Biegel said that she was confused with the rules.~ She says the Charter says the Manager manages the staff and we deal with the manager.~ She said that she would like to know the information so she could make an informed choice.
Councilor Stack said that the Charter requires that we confirm the Manager’s appointments.~
Councilor Pomerleau said that one time a year we get to approve the Managers appointments. He said that he choose not to publicly disclose the reasons.
VOTES ON DEPARTMENT HEADS:
Jack Freitas ~~~~~~~~~~7 Yeas – 0 Nays
Dan Hill~~~~~~~~~~~~~~ ~ 7 Yeas – 0 Nays
Peter Arnemann~~~~~7 Yeas – 0 Nays ~~~~
Councilor Newbegin asked if someone is not approved, what happens?
Gordon Billington said that poses an interesting question, he said that he didn’t have the answer. He said that this is new territory and he was not sure.
Martin Jordan~~~~~~~~~~~3 Yeas – 4 Nays, Newbegin, Pomerleau, Stack and Tompson
PROP~~~~~~~~~~~~~~~~~~~~~~7 Yeas – 0 Nays
Roger Mosley~~~~~~~~~~ 7 Yeas – 0 Nays
Linda Brooks~~~~~~~~~~ 7 Yeas – 0 Nays
Alton Benson~~~~~~~~ ~ 7 Yeas – 0 Nays
Mary Chapman~~~~~~~ 7 Yeas – 0 Nays
Councilor Christy requested that the Town Manager research the vote and report back to us.
Gordon Billington said that he would confer with the town’s counsel.
68-08 Confirmation of Town Clerk Appointment of Election Warden [Spencer]
VOTE: 7 Yeas – 0 Nays
69-08 Authorize Use of Economic Development Funds for Village Beatification Projects [Newbegin]
Councilor Newbegin said that the committee members researched the cost of flowers and came up with the best deal. The planters are being donated.
Joseph Brown said that he would like to bring back the designation of Sebago Lake Station to the area that’s currently called Sebago Lake Village. He said that this is nostalgia name that should be brought back. He noted other areas of town that were known by their location such as Chicopee or Richville.
Chair Stack said that was a comment. He said that there will be a village study and he hoped that Mr. Brown might consider serving on a village committee.
Councilor Pomerleau said that he supports that idea.
Councilor Biegel said that there were many local donations including: soil, trucking the soil, Sunrise Corner donated barrels, Leavitt Earthworks donated soil, lumber from the Council Chair, labor Councilor Newbegin and a few barrels from a local tanning salon, Fairpoint helped with the banners.
70-08 Select Nominee for MMA’s Legislative Policy Committee [Stack]
Chair Stack said that this speaks for itself. He said that he has worked hard on many legislative issues in the past, most recently on the state revenue sharing issues.
~~~~~~~~~
VOTE: 7 Yeas – 0 Nays
PUBLIC ITEMS
Councilor Biegel asked that the monument in the center of town be mowed and taken care of by the town.
~~~~~~~~~
ANNOUNCEMENTS
Several upcoming meetings were announced.
Chair Stack thanked Gordon Billington, Committee members, Mary Chapman and members of the public for attending the meetings and Patrick Thomas for the taping the meeting.
Chair Stack noted that the VIP’s were holding a silent auction to raise funds to support their efforts. Also, the will hold a bean supper on June 14 at the Steep Falls Fire Station.
EXECUTIVE SESSION (S)
An additional executive session was not needed at this meeting.
ADJOURN
Moved seconded and voted to adjourn. The meeting adjourned at 9:50 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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