Town Council Minutes 10/27/2003

MINUTES
                                    CUMBERLAND TOWN COUNCIL
                                   MONDAY, OCTOBER 27, 2003


7:00 p.m. - CALL TO ORDER
Present: Chairman Porter, Councilors Savasuk, Damon, Storey, Kuntz, Moriarty and Stiles.

I.      APPROVAL OF MINUTES:
        a)  October 6, 2003

        Motion by Councilor Savasuk to accept the minutes of October 6, 2003;
        Seconded by Councilor Kuntz.
        VOTE:         UNANIMOUS 7-0

II.     MANAGER'S REPORT:

        Town Manager Shane"s report contained several items:  The shim coat paving on Greely Road has been slightly delayed due to weather and obligations of our contractor, however, the temporary repairs should be completed by the end of next week. This work is a "band aid to hold it together until we can do more permanent repairs.  This project will be completed as a result of the cancellation of another project, Mill Road. The Recycling Committee has been working diligently on a solid-waste management proposal that should come before the council in November/December.  The Stone Wharf Project should begin in early December.  Dredging is still scheduled to begin in early January.  He and the Code Enforcement Officer met with the new CTC Operator, Willie Doyle, to consider resolutions to overflow parking concerns.  He attended an RWS Board meeting on Thursday at which the board was scheduled to vote on an ash fill expansion at a cost of 3-5 million dollars, but another proposal was received, and this item was tabled in order to issue an RFP.  The RWS Board is also discussing the debt refinancing that could have a stabling effect of our debt payment schedule and result in a reduction in our tipping fee in the short term. Staff has begun work on a CIP Plan that will be presented to the Planning Board in early December. He, Dale Rines and Park Supervisor Phil Wentworth will visit the Rines Property in order to familiarize staff with the site.  The Val Halla Board Chairman will attend a council meeting in January to present an update and discuss challenges ahead.  On November 17^th, Cumberland will host a regional meeting at Val Halla along with four other communities, the GPCOG and town planners to discuss transportation and planning issues.  Thursday evening, October 30^th, there will be a community bonfire at 6:15 p.m. at the Twin Brook facility.  The bonfire recognizes the schools final football game with Falmouth.  Both teams have entered Class B for the first time. Bruce Hill Road Extension parties have agreed to work out their disagreements and cease construction at the site.  Councilor Harland Storeys 70^th birthday was recognized by the Manager and Town Council.

III.    PUBLIC DISCUSSION:

        None.

IV.     LEGISLATION AND POLICY:

03 - 107.       To hear from Senator Karl W. Turner regarding Question 1B of the State
               Referendum Election, November 4, 2003.

        Senator Turner stated you do not have tax reform on the ballot & it is a spending plan earmarked toward education.  He described option 1b as the more responsible option and presented the following figures:  the states FY 04 general appropriation is approximately 2.6 billion dollars - from that the state government is run and a fair amount of money is sent back home; i.e. 725 million in school funding, 180 million toward state teacher retirement, and 115 million in municipal revenue sharing.  The circuit breaker is currently funded at 40 million. These figures represent approximately 1.1 billion of the 2.6 billion. However, the state is currently 151 million in the red.  Option 1b requires education to be funded on the basis of essential programs and services, as identified in the Maine Learning Results.  Thats a different number than 55% of education spending.  Its a definition that became law this year and theres additional work that will have to be done on that.  With respect to tax relief there are two very specific items in 1b.  The first is the circuit breaker program, which will double in size from 1,000 to 3,000 dollars in three years.   The second element is the homestead exemption, which will be reinstituted at the level that existed the previous tax year.  A maximum mil rate of $10 must be met at the local level in order to receive the rest of the money necessary to fund education as defined by essential programs and services.  Option 1a requires a $250 million immediate obligation by the state, and 1b gets it to us over a 5 year period.   An increase in the sales tax from five to seven percent will cover the cost of 1a. Youre asking for a tax increase, and a significant one, if 1a goes through.  

        Councilor Moriarty confirmed, not everything in a school budget would be deemed to be an essential program or service.  Option 1a promises full state funding of special education, and under 1b, explained Senator Turner there is no attempt to try to fully fund special education.  Councilor Damon expressed disappointment that the legislature did not address tax reform and clarified that when we talk about 55%, that's really an average of the entire State of Maine.  Cumberland is really less than 25%.  Thats the end result, which everybody does understand compared against a complex funding formula now in place.  Chairman Porter believes that by voting for 1a, you are voting for a tax increase.  Councilor Stiles suggested the legislature has ignored its promise to return 55% of education funding to the communities, and 1a is the only one of these three that will put your feet to the fire. 1a will have 2.5 million increase to Cumberland in year one; 1b will have us down by a half million.  He noted the Palesky tax reform campaign, suggesting hes fearful of what that may produce.  Weve got to show some kind of progress and 1b is not gonna do it in my mind.  Councilor Storey suggested that a sales tax increase is inevitable, whether immediately with 1a or over five to seven years with 1b.  Right now, Im gonna have to stick with 1a.   Councilor Savasuk suggested that both 1a and 1b have equally as many advantages as disadvantages.  Councilor Kuntz stated, Eventually there will be some type of property tax revolt.  Thats gonna devastate the municipalities.  

03 - 108.       To hear a report from Harbormaster Ted Curtis regarding Cumberlands mooring
               fees.

        The town mooring fees were increased approximately fifty percent in the last year, the first increase since 1990.  Ted Curtis prepared an exhibit showing a comparison of town mooring facilities and fees with the communities of Falmouth, Freeport and Yarmouth.  Collection efforts in Cumberland were increased producing over $6,500 additional revenues.  The Coastal Waters Commission membership was surveyed, resulting in a recommendation to maintain our current fees.  The committee feels we dont really offer that much more to warrant increasing our fees.  The Stone Wharf Pier Committee will study seasonal slip fees based on size of boats or outboards prior to next spring.  He recommended his role should be to  continue to do what worked well last year, including: a continued presence at the Stone Wharf; furthering knowledge of the police presence; increased time spent by the Harbormaster at the Chandlers Pier, especially during the noon boat time; and providing support to the rescue.  He added that he would like to spend more time checking the Cumberland float on Cousins Island, and perform more island patrol at other town anchorages; Hamilton Beach, Central Landing, and Coleman and the many riparian moorings between those sites.   He suggested the town revisit the fees next year after we have a little bit more in the facilities arena to offer.

        Councilors Stiles and Damon reviewed riparian moorings with the Harbormaster.  Cumberland riparian permits allow the owner of waterfront land of a hundred feet or more to moor a boat in front of their waterfront property.  Boaters who do not have a riparian mooring or shore frontage must moor at a


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designated mooring area.  Councilor Damon questioned why there is no discount given for additional moorings beyond the first for recreational mooring permits.  I would suggest we entertain a discussion on a lower rate for your second or third mooring for the resident and non-resident recreational mooring if youre going to do that for every other category.  It just doesnt look equitable.  Councilor Stiles requested the committees review why the commercial permit costs less than a resident recreational permit.  Ted Curtis suggested the committees examine the criteria considered in creating the fees.   Mr. Curtis will invoice mooring fees in January or February so that the super majority of fees are collected during the time of year when he is not as busy on the water.  The Coastal Waters Commission and Stone Pier Committee will review the issues raised at this meeting and return identified amendments to the council as recommended.

        David Hill, Chebeague Island, expressed concern with the differences between the riparian mooring owner and an anchorage-mooring owner.  A riparian mooring owner by definition is outside the anchorage area and does not use the facilities and/or infrastructure services.  Riparian mooring owners are paying a premium for the right to have riparian rights, and it adds insult to injury to be asked to pay $25 for a mooring in front of your house when your taxes & are very steep and certainly steeper than those away from the shore.  Its the one thing the town can do to recognize and give a little bit of benefit back to the landowners who are paying significant taxes.  

03 - 109.       To hear a report from the Town Manager and Public Works Director regarding
               road acceptance and maintenance policies.

        Town Manager Bill Shane and staff have reviewed this issue and seek council guidance this evening to develop two policies in a more formal fashion.  The first is a road acceptance policy that permits a developer to postpone placement of the final coat of pavement until 50-80 percent of home occupancy is reached, after which the developer may petition the town to provide winter maintenance services.  

        Chairman Porter believes if a road meets the requirements they should become town roads and we should accept them.  Councilor Savasuk supported the managers direction.  

        The second component is much more controversial and involves private roads.  Presently, a combination of 150 private roads does not receive and another 29 do receive winter maintenance services.  However, among the 29 there are 12 private roads that the town has provided winter services since the 1940s. Public access is permitted over these roads during the winter months.  The remaining 17 roads are provided winter services pursuant to an agreement considered for renewal each year.  Our town attorney recommends we develop an agreement stating our intention to continue the existing services on the 12 roads, and notifying homeowners on the remaining 17 roads of the towns intent to discontinue winter services.   Manager Shane suggested if they bring them up to town road standards I would recommend you accept them as a public road.  When you look at this list of 30, and the list of 150, I have hard time telling anyone theres a difference between the 29 and 150 that do not receive services.   We literally have one extra plow route on right now just to do private roads.  The town may expend public dollars on private roads only to provide emergency access.  The Town Managers position is that the town will ensure access during the winter on those occasions where rescue, fire, or police responses are required.  He requested the councils support to develop a letter (to the homeowners on the list of 17 roads), endorsed by the town council prior to mailing, informing homeowners on private roads the town will no longer provide winter services or spring maintenance effective October 1, 2005. Public hearings will be held to allow for input from the affected homeowners.  

        Councilor Damon stated a concern that some of these private roads provide public access to the shore, but the town does not maintain them.  Therefore, they are inaccessible in the winter and travelers can not get to the shore.  We have other private roads which actually do provide public access to the water  but do not receive maintenance services.  Were not being consistent.  Councilor Savasuk requested the names and addresses of the homeowners on the Foreside roads shown on the remaining 17 prior to any

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mailing. Councilor Moriarty inquired whether any homeowners on the 150 roads listed are requesting
services.  Mr. Shane replied affirmatively in the case of Deer Point Road, which provides public access to the shore at the end of the road.  Councilor Moriarty expressed theres positive support that no further roads should be added to the maintenance list.  In the meantime, we should begin the process to figure out how many homes are on these streets and what the details are.   Manager Shane described his proposed timeline, suggesting Id like to have this to bed by the first of July.    

03 - 110.       To hear a report from the Town Manager regarding an amendment to the  
               Cumberland Zoning Ordinance relating to the definition of streets and
               right-of-ways.

        
        Manager Shane stated that the zoning ordinance changes adopted by town council on March 24, 2003 included changing references to right-of-ways and roads to street; and amendments to the setbacks and lot regulations to correspond with the revised definitions.  The town council requested the ordinance amendment be reviewed in six months.  To date, there have been no complaints received related to these changes.  In fact, Code Enforcement Officer Barbara McPheters states most property owners have benefited from the changes relating to corner lots, which allow for the front setback to be considered the narrowest property width.  

03 - 111.       To set public hearing date to consider and act on a Fire Protection Ordinance as it
               relates to fire protection measures for residential and commercial dwellings.

        Manager Shane announced that the Town Council and Planning Board would meet in joint workshop session tomorrow evening to review this proposed ordinance.   Councilor Moriarty was informed that the Planning Board has not yet reviewed the proposed Fire Protection Ordinance.  Its way too soon to even think about setting this for public hearing. If they havent discussed it as a group I dont think well get too far.  We ought to do our own workshop when were done with the Planning Board and spend some time with this.  The new Fire Protection Ordinance is nothing we have ever considered before.   Manager Shane suggested the council workshop this item on November 10, 2003.  It will be scheduled for a workshop on November 10^th, at the Chairmans discretion.  

        Motion by Councilor Moriarty to set the public hearing date on November 24, 2003;
        Seconded by Councilor Damon.
        VOTE:         UNANIMOUS 7-0

03 - 112.       To set public hearing date to consider and act on Class I-A Hotel and Off-Premise
               Retail liquor licenses, a Victualers license, and a Special Amusement Permit for the
               Chebeague Island Inn Acquisition Co., Inc., d/b/a Chebeague Inn.

        Motion by Councilor Damon to set a public hearing date of November 10, 2003;
        Seconded by Councilor Stiles.
        VOTE:         UNANIMOUS 7-0

V.      CORRESPONDENCE:

Councilor Savasuk - received comments regarding the councils decision on the credit union vote.  He wished to clarify that he did not have a problem with a bank on Main Street. The problem I had was & that to be able to put a bank there we would have had to use contract zoning&the facts were not sufficient to prove to me that the bank in itself was a direct significant benefit to the public.  I didnt believe I was in a position to use contract zoning because it did not meet the criteria for contract zoning.  Maybe as suggested in some of the correspondence Ive seen, we should at least look at the idea of rezoning certain areas of Main Street.
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Councilor Damon - also received comments regarding the bank, but most were people who did not want the bank and did not want more development on Main Street.  They wanted to keep home occupations.  Many lived there when it really was a Main Street.  I just find this whole situation with Main Street puzzling.  
Councilor Storey - none
Councilor Kuntz - none
Chairman Porter - email from George Barrett regarding accepting town streets and email complimenting the Town Manager regarding the public meeting with respect to speeding traffic on Tuttle Road.  He thanked the Town Manager and Officer Calder for their professional efforts.
Councilor Moriarty - inquired about the Cumberland Police Department Citizen Police Academy, asking if there are insurance and liability issues.  Manager Shane responded this academy has been offered once before.
Councilor Stiles - same email from Mr. Barrett and several calls in opposition to the sprinkler issue.  Rescue Lieutenant Debra Reynolds letter to Chief Charron commending Officer Martin Murphy for his superb assistance during a situation on the Foreside.
Town Manager - none.

VI.     NEW BUSINESS:

Councilor Savasuk - none
Councilor Damon - none
Councilor Storey - none
Councilor Kuntz - none
Chairman Porter - none
Councilor Moriarty - call regarding concerns that LPG project in Harpswell may include an underwater pipeline through the Cumberland territorial waters possibly ending in the mainland. Manager Shane explained he has arranged a meeting to learn more information.  Phase II is a distribution center possibly over to the FPL plant on Cousins Island.  If that happens, theres a million dollars allocated to the relocation of traps and gear, etc, for Harpswell fisherman, and zero for Chebeague Island right now.  Councilor Moriarty received a call from Dan OShea with a reminder that there is a meeting November 5, 7:00 p.m. to get public input on the future of the Drowne Road School.
Councilor Stiles - he, Manager and Stephanie Gilbert met with Sally Merrill regarding the conditions of the development rights for the Merrill Farm. Everything is going according to plan - one item needing attention is establishing the pathway along the westerly boundary.  Surveyors will be on the site in the near future and council representatives will be needed to help plan the pathway.  At the last Regionalization Committee a subcommittee was formed to receive RFPs for dispatching consulting services.  
Town Manager - none

VII.    EXECUTIVE SESSION re: land acquisition.

        Motion by Councilor Damon to go into executive session to discuss land acquisition;
        Seconded by Councilor Kuntz.
        VOTE:         UNANIMOUS 7-0
        TIME:         9:18 p.m.

        Motion by Councilor Kuntz to return from Executive Session;
        Seconded by Councilor Moriarty.
        VOTE:         UNANIMOUS 7-0
        TIME:         9:42 p.m.




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        Motion by Councilor Damon to adjourn;
        Seconded by Councilor Moriarty.
        VOTE:         UNANIMOUS 7-0
        TIME:         9:43 p.m.






Respectfully submitted,

Nadeen Daniels
Town Clerk