Councilor resigns, Memory Lane talks continue (Printed Dec. 14, 2007)

By Cliff White
Staff Writer
Jeffrey Burgess, a member of the Standish Town Council since June, has resigned his Ward 2 seat. Chairman Louis Stack announced Burgess’s resignation before Tuesday’s council meeting, at which Burgess was not present.
In his letter of resignation, which was address to Stack, Burgess said time constraints had affected his decision.
“Having to attend to family matter relating to the death of my father, as well as the need to attend upcoming continuing education courses related to my profession, have left me no time to attend council meetings and committee meetings,” Burgess’s letter reads. “The people of Steep Falls and Standish deserve a councilor who is able to devote more time than I am able to devote at the present moment.”
Burgess was a member of the finance, capital improvements and economic development committees. Burgess was appointed to the council in June 2007 to fill a vacancy left by former Councilor Elizabeth Edwards, who left the council after eight months. The seat had previously been held by Dolores Lymburner, who resigned due for reasons related to her health.
Stack praised Burgess and expressed his regret at the resignation.
“Jeff had been doing a bang-up job, and I’m sorry to see him go,” Stack said. “We all appreciate his contribution to the council.”
Stack said the council would be taking applications through Jan. 2 from all interested potential candidates to fill Burgess’s seat. Applicants must be residents of Ward 2, which comprises the Steep Falls area. The council will choose one candidate to serve out the remainder of Burgess’s one-year term, which ends in June 2008.
“Hopefully, we can fill the seat at the January town meeting,” Stack said.
After the meeting, Stack commented on Burgess’s decision to leave the council due to family obligations.
“Being on this council, there’s a lot of pressure and it takes up a lot of time,” Stack said. “Jeff had to do what was best for his family, and putting family first is always a good decision.”
Stack elaborated on the effects Burgess’s absence will have on council business.
 “He did a whole lot of work here,” Stack said. “The rest of the council is going to have to fill in for his absence.”
Community Center
Paul Mosley, chairman of the community building development committee, told the council a meeting had been organized between the Army Corps of Engineers and the Maine Department of Environmental Protection at 10 a.m. on Friday, Dec. 14 to discuss the town property at Northeast Road.
The property was purchased last year for $375,000 as the future location of a community center, but was found to have two vernal pools, which have complicated building plans due to recent federal wetlands protection legislation.
Mosley the purpose of the meeting was to see if the property could still possibly be a viable site for the center.
“We’re continuing an investigation into the utilization of that property, and in pursuit of that, we have set up this meeting,” Mosley said. “The whole goal is to continue discussion already begun with the Corps and the DEP to see if a common understanding can be found, and get a more definitive idea of the usability of the parcel.”
Mosley admitted there was not “due diligence” paid during the purchase as to the existence of the vernal pools, but said he had not given up hope on the land.
“The center still could be built on that parcel,” Mosley said.”It still could be usable.”
Memory Lane vs. Neighbors
Councilor Biegel’s call for a public hearing to solicit input regarding the revocation of the special amusement permit issued to Jim Paquette of Memory Lane Music Hall on Blake Road was an issue of attention at Tuesday’s meeting.
Before debate began on the motion, Councilor Terence Christy moved to indefinitely table the item.
Councilor Phil Pomerleau cited the fact that the council had previously been evenly divided on the issue and the resignation of Councilor Burgess, a potential tie-breaking vote, meant the council would continue to be evenly split until a new councilor is appointed or an existing one changes his or her mind on the issue.
“We had a 3 to 3 tie vote on this order last month, and I don’t think anything has changed,” Pomerleau said. “I motion to indefinitely postpone this motion until a new councilor can be brought in and brought up to speed.”
The vote failed as Councilors Biegel, Stack and Wayne Newbegin voted against tabling the measure.
“I think we all know there have been issues with the music hall disturbing the neighbors,” Biegel said. “This order simply says that if there continues to be problems the council can act to schedule a public hearing to begin revocation proceedings. It’s basically letting them know that the council is serious in wanting to protect health and welfare of the citizens of Standish. That is our job and we will take it seriously if there continue to be problems there.”
In public comments to the council, eight neighbors of Memory Lane said they have been bothered by loud music on weekends since the music hall opened Sept. 15, 2006. Many complained the town’s noise ordinance is not being properly enforced.
“To me, there is an appropriate analogy between pushing the decibel limits of the town code and driving fast on an icy road. Just because they are driving the speed limit doesn’t mean they should. Memory Lane needs to realize there are consequences to its actions,” said neighbor Tom Childs.
Andy Cochran, a part-time Memory Lane employee, said he had been involved in attempts to reconcile the two parties, including distributing his cell phone number to neighbors so they can have someone to call if they have any problems.
“Quality of life is something I greatly endear, and I sincerely feel for the neighbors,” Cochran said. “I’m giving effort to them, I feel for them, and clearly something needs to be resolved.”
Cochran said he had redirected traffic leaving Memory Lane and had responded to neighbors’ calls asking him to turn down music volume on several occasions.
Chairman Stack applauded Cochran’s efforts.
“I hope you and the neighbors continue to work together to resolve this problem,” Stack said. “Our current ordinance as it stands is somewhat of a Catch-22, because if we’re going to have an ordinance that calls for decibel readings, we needs to have somebody who can with some authority read a decibel reader. If not, the ordinance isn’t enforceable.”
The council voted 4-2, with Biegel and Newbegin opposed, to postpone action on the issue until a new councilor has been appointed and brought up to speed.

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