minutes - Town of Scarborough

MINUTESSCARBOROUGH TOWN COUNCILWEDNESDAY – FEBRUARY 2, 2000REGULAR MEETING – 7:30 P.M.Item 1. Call to Order. The Town Clerk called the regular meeting of the Scarborough TownCouncil to order. In the absence of Chairman Kennedy, the first order of business was to elect aChair Pro Tem.Motion by Councillor Downs, seconded by Councillor Foley-Ferguson, to nominateCouncillor Messer as Chair Pro Tem.Vote: 5 yeasItem 2. Pledge of Allegiance.Item 3. Roll Call. Roll was called by Yolande Norton, Town Clerk.Councillor Crispin (Absent) Councillor TemmCouncillor Foley-Ferguson Councillor BorduasCouncillor DownsChairman Kennedy (Absent)Chair Pro Tem MesserCarl L. Betterley, Town ManagerItem 4. Minutes: January 19, 2000. Motion by Councillor Downs, seconded by Councillor Foley-Ferguson, to approve the minutes of the January 19, 2000 Town Council meeting.Councillor Borduas stated that on page 1, first paragraph, first sentence, replace absents withabsence.Councillor Temm stated that on page 1, first paragraph, first sentence, "….had been out sickat unable to attend the last Council meeting…."Councillor Foley-Ferguson stated that on page 6, sixth paragraph from the top, end of lastsentence, ".…another attempt to put it the policy in is writing.Vote: 5 yeasItem 5. Items to be signed: a. Treasurer’s Warrants. Not available.Item 6. Public Comments of Non-Agenda Items. No public comments at this time.Order No. 00-16. Act on the request for an executive session for consultation with the TownAttorney regarding pending litigation: Town of Scarborough v. Calvin Meserve. Carl L.Betterley, Town Manager, stated that the Town Attorney had not yet arrived, but was prepared todiscuss this item with the Council.Motion by Councillor Temm, seconded by Councillor Borduas, to approve the request for anexecutive session for consultation with the Town Attorney regarding pending litigation: Town ofScarborough v. Calvin Meserve.In response to a question from Councillor Foley-Ferguson, the Town Manager stated that theTown Attorney had planned on being here at 7:30 p.m. The Council could choose to postpone thisitem until the Town Attorney arrived or vote to go to executive session. Councillor Downs statedthat he would like to wait until the Town Attorney was present. Chair Pro Tem Messer stated that hewas comfortable with the Town Manager answering the questions and anticipated that the TownAttorney would arrive shortly.1

Vote: 4 yeas 1 nay (Councillor Foley-FergusonThe Town Council recessed to executive session at 7:34 p.m. Chair Pro Tem Messerreconvened the meeting at 7:47 p.m.OLD BUSINESS:Item 7. Response on the questions regarding Imperial Homes Drainage Project from the lastTown Council meeting of January 19, 2000. Jeff Aceto, Project Engineer with DeLuca-Hoffman,stated that he had prepared a three-page letter in response to questions (the effectiveness of anydetention basins and the feasibility for the location and to actually construct them in this area) fromthe Town Council meeting.The first few paragraphs of the letter discuss detention basins in general and their function instormwater management both from stormwater quality and quantity treatment bases. The latter halfof the letter discusses the possibility of incorporating detention basins into this storm drainage projectand two accompanying sketches. The watershed in the project area is generally divided into twowatersheds: a northern watershed and a southern watershed. Mr. Aceto then gave a brief descriptionof the two areas and what the requirements would be.Mr. Aceto and the Town Manager responded to questions from the Council concerningwhether it would be feasible to develop a detention pond on the drive-in property now or wait until alater time; where the discharge of stormwater would enter Mill Creek and how much of Sawyer Roadneeds reconstruction. There continued to be Council discussion. Chair Pro Tem Messer thanked Mr.Aceto for his presentation.NEW BUSINESS:Order No. 00-17. First reading and schedule a second reading to award the bid for thepurchase of two replacement ambulances, in an amount not to exceed $236,722.06. Carl L.Betterley, Town Manager, gave a brief overview on the request for the purchase of two replacementambulances.Motion by Councillor Borduas, seconded by Councillor Downs, to approve the first reading toaward the bid for the purchase of two replacement ambulances, in an amount not to exceed$236,722.06 and schedule the second reading for the February 16, 2000 Town Council meeting.In response to questions from Councillors Downs and Foley-Ferguson, the Town Managerstated that these funds come from the reserve account that Rescue has and the budgeted amount was$250,000. The Town Manager stated that whenever the town is going to dispose of vehicles all theother departments that have vehicle needs evaluate whether they can use a particular piece. The 83unit can be used by Public Works, who would make alterations to the vehicle.Vote: 5 yeasOrder No. 00-18. Act to accept the donation of land from Namsnit, Inc., to the Town ofScarborough in connection with the development of the Edges of the Nonesuch subdivision(Map R19, Lot 22). Carl L. Betterley, Town Manager, gave a brief overview on the donation of landfrom Namsnit, Inc. in connection with the development of the Edges of the Nonesuch subdivision.Motion by Councillor Temm, seconded by Councillor Borduas, to approve acceptance of thedonation of land from Namsnit, Inc., to the Town of Scarborough in connection with the developmentof the Edges of the Nonesuch subdivision (Map R19, Lot 22).Vote: 5 yeas2

Order No. 00-19. Act on the request from Andrew Dolloff, Athletic Administrator for theScarborough High School and Middle School Cross-Country teams, for permission to accessthe parcel of land formerly known as the Portland Drive-In for use as part of a training andcompetition cross-country trail. Carl L. Betterley, Town Manager, gave a brief overview on therequest from Andrew Dolloff, Athletic Administrator for permission to access the drive-in propertyfor use by the High School and Middle School Cross-County teams.Motion by Councillor Temm, seconded by Councillor Borduas, to approve the request fromAndrew Dolloff, Athletic Administrator for the Scarborough High School and Middle School Cross-Country teams, for permission to access the parcel of land formerly known as the Portland Drive-Infor use as part of a training and competition cross-country trail.Councillors Foley-Ferguson and Downs, did not have any strong opposition to this request,their only real concern was with the possible removal of some of the trees and shrubs. It wassuggested that before the proposed trail be developed that flags be posted to mark the trail so thatCouncil members could walk the trail to see what is being proposed.In response to comments by Councillor Foley-Ferguson, the Town Manager stated that theremay be other areas that could be used for this request; however, he was not sure what the parkingrequirements might be and what the restroom facilities requirement might be.Motion by Councillor Foley-Ferguson, seconded by Councillor Downs, to amend the motionto approve the request from Mr. Dolloff on the condition that the item come back to the Council afterthe proposed trail is flagged and to allow opportunity for people to comment on it.Vote on amendment: 5 yeasVote on main motion as amended:5 yeasChair Pro Tem Messer thanked the Pearson Family for their support over the past few years inallowing the cross-country teams use of their facility. He would also like to know, from Mr. Dolloff,what the logistical issues of being offsite would be.Order No. 00-20. Act on the sale of lot 18 in the Industrial Park to Pine State Plumbing. CarlL. Betterley, Town Manager, gave a brief overview on the sale of lot 18 in the Industrial Park.Motion by Councillor Borduas, seconded by Councillor Foley-Ferguson, to approve the saleof lot 18 in the Industrial Park to Pine State Plumbing.Vote: 5 yeasOrder No. 00-21. Act on the request from Councilor Temm to schedule a workshop regardingthe Haigis Parkway TIF Application and respond to questions from the Council. CouncillorTemm gave a brief overview on this request regarding the workshop on the Haigis Parkway TIFapplication. She referenced a letter from Representative Harold Clough, which indicated that therehave been discussions with individuals who would be interested in possibly developing a Bio-MedTechnology Park in this area and would be available to meet with the Council on the morning ofSaturday, February 12, 2000.Motion by Councillor Temm, seconded by Councillor Borduas, to schedule a workshopregarding the Haigis Parkway for Saturday, February 12, 2000 at 9:00 a.m. here at Town Hall. Thefirst item on the agenda would be to review the TIF Proposal and the second would be discussionwith individuals regarding the Bio-Med Technology Park.3

It was noted that the Growth and Services Committee would also be meeting on Saturday,February 12, 2000 at 8:30 a.m. Councillor Temm stated that the first reading on the request to haveEarth Tech to prepare the final design for Phase 1A of the Haigis Parkway had been tabled and wouldlike to see this move forward and possibly placed on the February 16, 2000 Town Council agenda.Chair Pro Temm Messer agreed with the motion and with this workshop being on a Saturday wouldallow Councillor Crispin to attend.Vote: 5 yeasOrder No. 00-22. Act to authorize the Town Manager to sign a Municipal/State Agreementregarding installation, operation and maintenance of a flashing beacon at the intersection ofBroadturn Road and Holmes Road. Carl L. Betterley, Town Manager, gave a brief overview onthe Municipal/State Agreement regarding installation, operation and maintenance of a flashingbeacon at the intersection of Broadturn Road and Holmes Road.Motion by Councillor Borduas, seconded by Councillor Temm, to authorize the TownManager to sign a Municipal/State Agreement regarding installation, operation and maintenance of aflashing beacon at the intersection of Broadturn Road and Holmes Road.Vote: 5 yeasOrder No. 00-23. Act to authorize the Town Manager to sign a release deed for propertylocated at 27 Snow Road, Map R-27, Lot 21, real estate taxes are currently paid through June30, 2000. Carl L. Betterley, Town Manager, gave a brief overview on the release deed for theproperty located at 27 Snow Road and recommended approval.Motion by Councillor Borduas, seconded by Councillor Temm, to authorize the TownManager to sign a release deed for property located at 27 Snow Road, Map R-27, Lot 21, real estatetaxes are currently paid through June 30, 2000.Vote: 5 yeasOrder No. 00-24. Act to authorize the Town Manager to a sign a new systems variance requestfor property located on the Spurwink Road, Map R-98, Lot 14. Carl L. Betterley, TownManager, gave a brief overview on the request for a new systems variance request for propertylocated on the Spurwink Road, Map R-98, Lot 14.Motion by Councillor Borduas, seconded by Councillor Downs, to authorize the TownManager to a sign a new systems variance request for property located on the Spurwink Road, MapR-98, Lot 14.In response to questions from Councillor Foley-Ferguson, the Town Manager stated that whenthis item had been on the agenda the first time the Town was using the unwritten policy of the pointsystem that is required in the Shoreland Protection Zone, under a DEP Consent Agreement that theTown entered into some years past. As a result of the discussions from that Council meeting it wasdetermined that this was the procedure that should have been followed. Mr. Betterley added that thereport from Kenneth Gardner would be supplied to the Council in the next Council packet.Vote: 5 yeasOrder No. 00-25. Act to amend the Police budget for FY 1999/2000, by accepting the AssetForfeiture Money as recommended by the Police Chief. Robert Moulton, Chief of Police, gave abrief overview on request to amend the Police budget for FY 1999/2000, by accepting the AssetForfeiture Money.4

Motion by Councillor Temm, seconded by Councillor Borduas, to amend the Police budgetfor FY 1999/2000, by accepting the Asset Forfeiture Money as recommended by the Police Chief.In response to a question from Councillor Foley-Ferguson, the Town Manager stated thatforfeiture money has always gone into the Police Budget. Chair Pro Tem Messer noted that OfficerMichael Reali, Field Training Officer Mary Pearson and Sargent William Jipson were the individualsinvolved in the traffic stop that resulted in this item being placed in the agenda.Vote: 5 yeasOrder No. 00-26. Act to authorize the Chairman to sign a letter to John Melrose regarding the"Expansion of Scope of Maine Mall Area Transportation Plan." As discussed by the Gorhamand Scarborough Town Councils at their joint workshop on January 12, 2000. Carl L.Betterley, Town Manager, gave a brief overview on this request and recommended approval.Motion by Councillor Borduas, seconded by Councillor Downs, to authorize the Chairman tosign a letter to John Melrose regarding the "Expansion of Scope of Maine Mall Area TransportationPlan." As discussed by the Gorham and Scarborough Town Councils at their joint workshop onJanuary 12, 2000.Councillor Borduas stated that she had been unable to attend the January 12, 2000 workshop,but was very pleased that both Councils were in agreement with this recommendation. Chair ProTem Messer thanked the members of the Gorham Town Council for attending the workshop.Vote: 5 yeasOrder No. 00-27. Act on the request for an executive session to discuss collective bargaining.Motion by Councillor Temm, seconded by Councillor Foley-Ferguson, to approve the request for anexecutive session to discuss collective bargaining.Vote: 5 yeasThe Town Council recessed to executive session at 8:44 p.m. Chair Pro Tem Messerreconvened the meeting at 9:28 p.m.Order No. 00-28. Act to ratify the contracts with Scarborough Paramedic Association. Carl L.Betterley, Town Manager, gave a brief overview regarding the contracts with the ScarboroughParamedic Association and recommended approval.Motion by Councillor Borduas, seconded by Councillor Foley-Ferguson, to approve ratifyingthe contracts with Scarborough Paramedic Association.Vote: 5 yeasItem. 8. Discussion and Council comments regarding the Inter-local Agreement betweenEastern Trail Municipalities. Councillor Foley-Ferguson gave a brief overview on the first draft ofthe Inter-Local Agreement between Eastern Trail Municipalities. She noted that Tom Daley from theEastern Trail Alliance was present to answer any questions that the Council might have.Tom Daley, Eastern Trail Alliance, stated that the group has made considerable progress sincethe first visit before the Council. There are 12 municipalities involved with two representatives fromeach municipality. He gave an updated of the different entities that would be donating land for thetrail.5

There was Council discussion on Item 8. It was suggested that the town's legal counselreview the agreement and that Councillor Foley-Ferguson could be the contact person with legalcounsel on this. Mr. Daley responded to questions from the Council.Item 9. Standing Committee Reports. Councillor Foley-Ferguson gave an update on the OrdinanceCommittee. She noted that there would be a few items that would be on the next Town Councilagenda for Council action. She also stated that the Ordinance Committee would be looking at whenthe next meeting would be held.Chair Pro Tem Messer stated that the next Appointments Committee meeting is scheduled forWednesday, February 16, 2000 at 6:00 p.m. in the Town Manager's conference room.Item 10. Special Committee Reports. Councillor Borduas gave a brief overview on the Growthand Services Committee. She noted that there would be a Public Forum at the Middle SchoolCafeteria on Thursday, February 17, 2000 beginning 7:00 p.m.Item 11. Liaison Reports. No liaison reports at this time.Item 12. Public Comments. No public comments at this time.Item 13. Council Member Comments.1. Carl L. Betterley, Town Manager, stated that the Council received the following memos intheir packet: to Chairman Kennedy from the Town Manager regarding Councillor Down's questionsconcerning the 295 Ramps; to Councillor Downs from the Town Manager also regarding the 295Ramps; information on the Eagles Nest drainage project; to Councillor Messer from the TownManager in response to questions regarding the agreement concerning property taxes regarding PiperShores and the timeliness on the beginning of construction.There was one other memo regarding stormwater and watershed management drainage aswell as attached information. He would like to have the Council at some point workshop on just thissubject and perhaps provide some direction to the Ordinance Committee and staff as to how theCouncil would like to proceed.He went on to reference a memo from him to the Town Council regarding requests for budgetinformation, as well as a memo from the Public Works Director regarding the requests for a writtenexplanation of the snow removal back on the Martin Luther King weekend.2. Councillor Downs stated that he appreciated all the telephone calls that he has received athome and emphasized to everyone that he has caller ID.3. Councillor Borduas stated that she appreciated the memo on the snow plowing; however, shefelt that the Public Works Department does a fine job. She mentioned a letter that ChairmanKennedy received from the City of South Portland's Police Department referring to the incident thathad taken place on Running Hill Road and Route 114. The letter commends the Scarboroughdepartment leaders and the Town Manager for having the vision to install the reverse emergency 911system Council. The letter concludes by stating they applaud the Town Council for having the visionto support their Town Manager and municipal departments to ready Scarborough to meet any numberof potential and inevitable emergencies.Councillor Borduas stated that in looking at the memos on the budget received in the packetshe has a number of questions and concerns, but would reserve her comments for the meeting onFebruary 16, 2000 when the Chairman of the Finance Committee would be present. In reading theminutes of the last meeting she noted that all Saturdays in April had been set aside for possibleFinance Committee meetings and did not see anything scheduled between now and April 1 and wouldlike to hear what other meetings would be scheduled with the Departments. She also had otherquestions for Councillor Crispin regarding his questions on the audit.She stated that she received a piece of communications in her packet that had no signature andfelt that when individuals submit communications to the Council they should be signed, if she was6

mistaken about this she apologized. The information received had to do with the chronology of thePiper Shores Project.4. Councillor Temm stated that she is a member of the Small Cities Council Steering Committeeof the National League of Cities and one of her co-members emailed her about the Reverse 911 thatPolice Department has and that the article has been in his the local newspaper in Kansas.She thanked the Library for submitting their Financial Report. She went on to thank thePublic Works Department for a great job on plowing the roads during the last storm.Councillor Temm stated that as a member of the RWS Recycling Committee she would liketo mention that there would be an open house, scheduled for a weekend in March, for the newrecycling facility at RWS.Last week she had spent a full day at MMA for an Executive Committee meeting. She thengave a brief overview on what the Committee had discussed. The Committee had the opportunity tomeet with the Governor and there was discussion on local issues. She also noted that the Governorhad asked about Piper Shores, wanting to know if construction had started and asked if they were taxexempt. To which Councillor Temm responded that technically a good portion of the property couldbe tax exempt, but due to the foresight of the Town staff and the Manager, Scarborough was able tonegotiate a contract whereby they would make a payment in lieu of taxes. Governor King felt thatthis was an innovative way to deal with a project of this type.Councillor Temm stated that at the National League of Cities Conference CouncillorsBorduas and Messer as well as herself would represent the Town.She then referenced an editorial that had been in the Sunday Telegraph of January 30 th .Councillor Borduas and Charlie Andreson wrote this in response to an editorial by John Porter thathad been the newspaper on January 9, 2000. Councillor Temm then read the article.5. Councillor Foley-Ferguson stated that there would be a meeting here at Town Hall onThursday, March 30, 2000 at 7:00 p.m. regarding the Eastern Trail Feasibility Study. She encourageeveryone to attend.She stated that the open house for Camp Fire would be on Saturday, March 25, 2000 from1:00 to 4:00 p.m. and encouraged the public to attend.Councillor Foley-Ferguson stated that the article on the reverse 911 had been in the localnewspaper in Columbus, Ohio.6. Chair Pro Tem Messer stated that he looked forward to the workshop on the Haigis Parkwayand hear the answers to the questions that have risen concerning the feasibility of the project and lookforward to hearing comments regarding the Bio-Med Technology Park.He noted that the Gym Dandies had almost reached their goal of $36,000 which wouldfinance their trip to Washington, D.C. for the July 4 th Parade.He sent his condolences to the family of Rick Shinay on the loss of his father.Chair Pro Tem Messer thanked the Public Works Department for the work on the past stormand appreciated the memo from the Public Works Director.Chair Pro Tem Messer reminded everyone that the Winter Carnival held this Saturday,February 5, 2000 beginning at 9:00 a.m. at the Ice Rink, which is located behind the IntermediateSchool.Order No. 00-29. Act on the request for an executive session to discuss a real estate matter.Motion by Councillor Temm, seconded by Councillor Downs, to recess to executive session todiscuss a real estate matter to return to public session.Vote: 5 yeasThe Town Council recessed to executive session at 10:07 p.m. Chair Pro Tem Messerreconvened the meeting at 10:56 p.m.7

Item 14. Adjournment. Motion by Councillor Borduas, seconded by Councillor Downs, to adjournthe regular meeting of the Scarborough Town Council.Vote: 5 yeasMeeting adjourned at 10:57 p.m.Respectfully submitted,Yolande Norton, Town Clerk8