WINDHAM – In its marathon meeting Tuesday night, the Windham Town Council passed an ordinance allowing the domestic raising of chickens, set the property tax rate, and approved the reconstruction of Windham Center Road to include 4-foot shoulders.

And in a rare appearance, Martin Lippman, the man who donated money to the town to purchase what is now the Donnabeth Lippman Park in North Windham, criticized a proposal to build ballfields at the site.

Widening project

Councilors voted unanimously to spend about $356,000 on the paving project that rebuilds Windham Center Road from the Gorham line to the school campus in Windham Center. The local money has already been matched by state highway funds.

The road-widening project, which will add 4-foot shoulders, was hailed by members of the Windham Bicycle/Pedestrian Trails Committee who lobbied on behalf of the project.

“I want to thank you guys for your consideration on adding the shoulder to Windham Center Road,” said committee member Paul Jacques, of Farm View Drive, just before the vote. “I know it was more of a cost there, but as a regular user of that road in many different modes of transportation, it’s greatly appreciated and I’ve heard awesome feedback from the public about what you’re doing, and the quality of life in that area will certainly be improved.”

Residents should start seeing Windham crews out on sections of the road starting this week installing culverts and improving drainage ditches. Public Works Director Doug Fortier hopes to have a base layer on before winter with final paving being done next spring.

Chicken order

Councilors Tuesday night also passed a new chicken ordinance that allows those in residential zones to have up to a dozen chickens. No roosters are allowed.

The ordinance only affects those in residential areas. Residents of a farm zone are already allowed an unlimited amount of chickens, and those living in farm-residential zones are allowed 25 chickens.

Council comment on the ordinance revolved around protecting neighbors from noisy chickens. Scott Hayman worried about neighbors in more dense residential zones having to listen to laying hens. Matthew Noel wondered about free-ranging chickens that might become a nuisance to neighbors. He proposed an amendment, which passed unanimously, to require the birds be kept in fenced pens at all times.

The only public comment on the ordinance came from Weymouth Hogan, who wondered about whether the new ordinance would supercede deed covenants, which in his neighborhood of Hillside Estates ban the raising of swine, poultry and other livestock. With confirmation by town manager Tony Plante, Hayman advised Hogan that neighborhood covenants are not overrided by town ordinance.

Tax rate set

After chopping 5 cents off the tax assessor’s proposed tax rate of $14.30 per thousand of valuation, the council set the tax rate at $14.25 for the coming fiscal year.

Windham tax assessor Davis Sawyer’s proposed rate of $14.30 would have provided an overlay of $171,000, which is used to cover tax abatements when residents are found incapable of paying their tax for legitimate reasons. However, the council balked at the initial rate since it represents four times the amount that was needed this past year to cover abatements, which was about $39,000.

A budget with no overlay would have a tax rate of about $14.21. The approved $14.25 rate allows an overlay of $84,400, assumingly all taxes are paid. Any unused overlay amount at the end of the fiscal year goes into the surplus account.

During public comment on the tax rate, River Road resident Bruce Elder advocated for the lowest rate possible “given the economic situation … believe me it’s a battle now for many folks to pay their taxes and to pay them on time,” he said.

Matt Noel, a member of the finance committee who made the motion for the $14.25, did so saying, “we worked hard to find a nickel during the [budget process].”

David Nadeau advocated for the $14.30 rate, saying, “I hate to work that close … What would happen if we got more than usual in abatements?”

A nickel on the tax rate represents about $5 per $100,000 of taxable value.

The agreed-upon tax rate of $14.25 is up from $13.90 last year. The school budget makes up 4.2 percent of the increase. County taxes added 4.3 percent; and the municipal budget adds 1.5 percent.

Lippman plea

Martin Lippman, the Windham businessman who donated $400,000 to the town of Windham last year so it could purchase the 123-acres surrounding Chaffin Pond in North Windham from the Portland Water District, arrived in person to urge the council think small in its plans for the park.

After a round of applause by the council, Lippman proceeded to advocate for a simple approach to the park. Windham is considering a $2.2 million six-phase approach to the park that would bring ball fields to the location, something Lippman said the council should reconsider since they would have a significant upfront and maintenance cost and provide only for organized recreation.

“I really just wanted to come here and express opinion on your plan, which is somewhat good but I disagree on these ballparks,” he said. “I see this as open space as a park, not as a ballpark. I think it needs to be something for our young kids to come there and play, jump, have fun. A place where they can run around, walking trails, people to come there and ride their bikes, and feel safe.”

He went on to say, “If we kept the park as a park for open space where you could go there with your sons and daughters and just play catch and throw a football around and kids be kids like they did 100 years ago,” Lippman said. “Ball fields are nice, but ball fields mean seven or nine guys are standing out there and they’re not active. The other nine guys are sitting inside waiting for their turn to bat. And it’s just the same as a basketball net, a handball court, a bicycle trail, a walking trail, any of these things. That’s my wife and I’s vision of this. When we thought of the word ‘park,’ we thought it was going to be an open setting.”

The council didn’t directly discuss Lippman’s comments. Council discussion afterward focused on the need to figure out how to pay for the project and take steps to determine what the town needs for recreation.

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