Town Council Minutes 12/8/2003

MINUTES
                              CUMBERLAND TOWN COUNCIL

Attendance:  Chairman Porter, Councilors Damon, Storey, Kuntz, Moriarty and Stiles.
Councilor Savasuk excused.

I.      APPROVAL OF MINUTES

II.     MANAGER'S REPORT

III.    PUBLIC DISCUSSION

IV.     LEGISLATION AND POLICY

03 - 125.       To receive annual Auditors report.

general fund revenues and expenditures, undesignated fund balance compared to other communities as a percent of budget, debt service as a percentage of budget compared to other cities, components of net assets, and infrastructure and capital assets.  Mr. Chabot concluded by stating there were no material weaknesses in the internal controls.  However, one reportable condition, segregation of duties, was noted and a response by management has been included in the report.  Other miscellaneous areas noted included vacation accruals, pay rate authorization forms, fund balance targets, internal cash auditing systems, bookkeeping assistance at Val Halla and the Recreation Department, and compensatory pay.

03  126.       To receive a report from the Fire Chief regarding fire suppression.

        Fire Chief Dan Small spent much time researching surrounding communities with respect to fire suppression requirements for subdivisions and commercial buildings. He recommended the town stay consistent with what weve been doing right along; i.e., a fire protection water supply plan for major subdivisions which must meet one of the following requirements - extension of the water main, fire pond, underground reservoir or holding tank, and/or sprinkler systems. The Planning Board has the flexibility to apply major subdivision requirements to some minor subdivisions.
 

        The Fire Chief stated the town of Cumberland relies upon the NFPA Life Safety and BOCA Code for commercial sprinkler requirements.  Both codes allow design exchanges which he noted often result in the installation of a sprinkler system in order to meet a certain look. Many towns also reference both square and cubic footage dimensions when determining commercial sprinkler requirements.

        Fire Chief Small recommended sprinklers for the following commercial designations: buildings over three or more stories (40+) in height, 100 cubic feet or 7,500 or more square feet in volume, multiple family, multiple occupant dwellings, three or more lodging units attached to one another vertically or horizontally, three or more non-residential units of occupancy attached to one another vertically or horizontally.  He suggested these requirements not become retroactive; however, renovations can place owners in one of the aforementioned categories.  He also recommended the existing alarm ordinance be incorporated into the fire suppression ordinance and include an increase to the false alarm fees. Lastly, the Chief recommended implementing a fee schedule for new commercial construction based upon size and frequency of inspections. Chairman Porter requested the Chief provide the councilors with fee schedules from surrounding communities.   

        Councilor Moriarty questioned if a home is renovated substantially and its square footage increases substantially, is the suggestion that it be sprinklered? The Chief replied only if two additional units were to be added.  A unit is defined as a living space.

        Bob Vail expressed a general lack of support for user fees, suggesting that property taxes come with an expectation of services rendered.  He also expressed concern over any type of Planning Board review inside a house.  Its one thing to dictate a fire pond&but Im not sure dictating what goes on inside the home is in the purview of the Planning Board.  

danger or risk than another type.  I either need to be educated more&or probably would not support and would work against any sort of requirement like that while at the same time preserving as much flexibility as possible in the design and development of fire protection water supply plans.  Councilor Moriarty further suggested the council should really zero in on what we are required and not required to do by State law. And, how far you have to get; how many other options are deemed not to be available or appropriate before you even get to sprinklers at all, and decide whether were going to continue on with the current policy.  

        Manager Shane indicated staff will prepare a matrix identifying the requirements of various surrounding communities.  Additionally, Councilor Moriarty, Manager Shane, Chief Small and Phil Hunt will meet to work out something with respect to the subdivision issue; the commercial issue can proceed on its own track. Staff will work to create a commercial structure fire protection ordinance.  

        Harbormaster Ted Curtis revisited with the town council the recommendation by the Shellfish Conservation Commission to defer the sale of 50 Summer Resident Recreational permits until June 1^st.  This recommendation results from feedback received from mainland and island residents requesting a system for access to shellfish licenses when they return to their homes in the spring or summer. Under the current system, these snowbird residents find themselves, for the most part, shut out to the resident licenses.  Resident shellfish licenses become available the first working day of January, and all licenses not sold in 90 days (traditionally April 1^st) are then rolled-over for sale to non-residents.  Only 28, or ten percent, of the overall 280 licenses are
grabbed up by non-residents, and very quickly explained Harbormaster Curtis.  The access to monthly licenses has proved to be a bit more difficult for islanders to access and more expensive.  This system will better provide that resident licenses will end up with the residents&and thats what we originally intended in the first place, explained the harbormaster.  Similarly, at the end of 90 days, or roughly September 1^st, all remaining Summer Residential Recreational licenses will also become available to non-residents.

        Councilor Damon identified this solution as an example of the committee really listening to the constituents.  She sought assurance that 230 represents a sufficient number for Cumberland residents seeking a license on January 1^st, and were not



robbing Peter to pay Paul. Harbormaster Curtis responded that he is confident there will be enough for everybody in town that wants a resident license&within either the initial 230 or second wave of 50.  

        Manager Shane recommended the 50 licenses be issued on June 1^st at the Chebeague Island Public Safety Building from 8 to 11 a.m. since the majority of folks that this would benefit live on Chebeague Island. Any remaining licenses will then go on sale on a first come, first serve basis at Town Hall.  However, the harbormaster prefers to not differentiate between a resident whether theyre on the island or the mainland, and I think with a little creativity we can actually have them available for both parties&on the island and the mainland. The council requested the manager and harbormaster determine the details of the sale of these particular permits.

        Councilor Storey expressed sentiment that the town should raise the shellfish license fees in order to cover the cost of the shellfish budget and proposed the town adopt the fee schedule set by Yarmouth.  He also questioned why permits need to be picked up in person.  Harbormaster Curtis responded that Cumberlands permits are viewed by many as a scarce resource which, unfortunately, has led to some instances of attempts to acquire a permit wrongfully.  The system of in-person sales has eliminated selling any licenses incorrectly.

        Seconded by Councilor Moriarty.
        VOTE:         UNANIMOUS 6-0

        Seconded by Councilor Stiles.
        VOTE:         5-1 (Councilor Damon)  

        Manager Shane clarified with Councilor Storey that the three categories (Resident Monthly, non-Resident Monthly, and Daily) in place in Cumberland, but unavailable in Yarmouth, will remain and at the current fee ($10, $20 and $5 respectively).  

The resident and non-resident recreational make sense, but he does not believe the resident and non-resident commercial permit supports that much activity.   Councilor Damon expressed her opposition to the amendment suggesting unless we give more flexibility to commercial digging&I dont think its in the best interest of the clam flats.

Code Enforcement Officer.

03  131.       To authorize the Town Manager to borrow $1.8 million in Tax
               Anticipation Notes.

        Councilor Damon asked why we borrow money for the enterprise funds.  Ms. Main explained that we borrow monies in anticipation of revenue collections.  Val Halla is an example of a fund whose revenues are predominantly collected in the spring, but in the mean time they have to operate.  Manager Shane suggested there is a tied revenue to each one of those accounts, so those will come back to the black at some point in the future.  He and the Finance Director have begun to review each of the enterprise funds related to prospective revenues and are working toward a self supporting status.

        Motion by Councilor Stiles to authorize Tax Anticipation Borrowing during the
        fiscal year ending June 30, 2004 in the principal amount or amounts not
        exceeding $1.8 million at any one time outstanding for the best available

        Seconded by Councilor Damon.
        VOTE:         UNANIMOUS


03  132.       To act on a Victualers license for The Grill On Main Café, 137 Main
               Street, for the period December, 2003 through June, 2004.

               This license is for a six month period only and authorizes the sale of food with no alcoholic beverages.  Final inspections will be completed prior to issuance.

        Motion by Councilor Storey to approve a Victualers license to Mr. Milton
        Truman, d/b/a The Grill On Main Café for the period 12/03 through 6/04
        Pending final inspections;
        Seconded by Councilor Stiles.
        VOTE:         UNANIMOUS 6-0






03  133.       To set date for public hearing to consider and act on an amendment to

        The Sewer Appeals Board will meet with the Town Manager on December 15^th to review the existing ordinance as it relates to payment by unit holders for line extensions. The sewer user ordinance requires an amendment in order to implement such a fee.  Anyone on the sewer presently pays two components which the manager delineated as a $271 base fee and above that a user fee.  The majority of the base fee is directed toward future system improvements, i.e., lines and pump stations, etcetera.  However, people that have purchased a sewer user unit do not and have not paid that component and that could be somewhere in the $40-70,000 a year in revenue not being collected by the town.  

        The idea of a workshop was discussed.  However, the manager indicated his preference the ordinance be in place by January, 2004.  He is confident the information and December 22^nd presentation will present a clear picture, and suggested the council consider subsequent workshop or meeting at that time if needed.  Councilor Moriarty requested those who are holding the readiness-to-serve units be notified of the public hearing.  Councilor Damon commented on the date falling within a holiday week, and very busy time of year.  
        
        Motion by Councilor Stiles to set date a public hearing date of December 22^nd;

V.      NEW BUSINESS

Councilor Damon - received a hand out re: working waterfront forum - it sounds worthwhile and suggested a representative from the town attend; received a letter from a Portland woman regarding the friendly welcome she received while biking Chebeague Island;  received comments regarding the decision not to televise the recent sex offenders meeting and requested to receive the informational part of the presentation;  requested budget information related to Twin Brooks; announced that June Curtis, a longtime Greely employee, passed away Saturday - she was a great public servant.
Councilor Storey - discussed the possibility of hiring an architect or developer to create a small-business (professional offices) zone on the town-owned former Doane property, from the Drowne Road right out to Route 9.  The town would be selling those business lots and having control of it. Its something we ought to look into.
Councilor Kuntz - finds Harlands idea is kind of unique.



Councilor Porter - none
Councilor Moriarty - recent meeting of the Stone Pier Committee; project is underway with the grouting and work on the platform right now - primary focus of the meeting had to do with parking; will be looking at some enforcement techniques.
Councilor Stiles - thanked the town crew for the great job they did with this past storm.
Manager Shane - suggested we also look at the development barriers in the Route 100 and Route 1 corridor because we have restrictions to commercial development that would prohibit the type of small-business development that Harland envisions.

V.      EXECUTIVE SESSION