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Town Council Minutes 2/23/2004

MINUTES
                CUMBERLAND TOWN COUNCIL MEETING

                                             Town Council Chambers - 290 Tuttle Road
                                                    
Monday, February 23, 2004


7:00 p.m.  Call to Order
Present:  Chairman Porter, Councilors Damon, Storey, Kuntz, Moriarty and Stiles.
Excused:  Councilor Savasuk.

I.      APPROVAL OF MINUTES


a)      February 9, 2004


Motion by Councilor Stiles to approve the minutes as presented;
Seconded by Councilor Moriarty
VOTE:   UNANIMOUS 4-0
(Kuntz abstained, Damon out, Savasuk excused)



II.     MANAGER'S REPORT


·       Manager Shane thanked the DPW crew for a "fantastic job with their storm plow efforts this past weekend.
·       He received exciting news that the Greely High School group who presented a GIS assignment to the Council in December has since received the Governor"s Award for their project.
·       He will attend Saturdays public hearing in Harpswell to testify against the lack of information regarding the LNG project and its possible impact.  Its very disconcerting &that we have no answers.  
·       The Town has reached a tentative agreement with Cory Mansfield to provide golf pro services for Val Halla. Mr. Mansfield is very enthusiastic about his new position with us and eager to revitalize our junior golf   program.  In fact, hes

currently teaching a five year old golf phenom.   

·       He testified before the Taxation Committee March 2nd regarding the regionalization efforts underway in Cumberland.  
·       The Cumberland Town Council will join other elected officials tomorrow night in Yarmouth to discuss RWS issues.  They will hear a report from the RWS staff and learn more about the justification for refinancing of the RWS debt.  


III.    PUBLIC DISCUSSION


None

IV.     LEGISLATION AND POLICY


Item 04-019 was taken out of order.


 

04  017.              To hear a report from the Board of Directors of Val Halla Golf & Recreation Center.

KC Hughes, Chairman of the Val Halla Board of Trustees, spoke before the council,

and was assisted by Nick Powell who directed the powerpoint portion of the presentation.  Mr. Hughes recognized the other board members in attendance this evening: Rick Doane, Ted Bonville, Bill Putnam, Norene Ward and Peter Reed.   He explained The short and long answer is weve had a couple of tough years due to the economy and course conditions.  Its been a rebuilding year. Weve made some big changes.  He described Val Halla as the town of Cumberlands first open space elaborating that Its a full year round facility that gets as much recreational use as it does golf.  The banquet facility gets much use, including non-profits. The majority of the varsity school programs are held at the banquet facility.   Approximately 25 outside tournaments are run each year.  The school uses the banquet room 54 days a year, at a discounted rate.  Its a break even facility when we run those functions.  Were going to try to build on the winter months, which consist of 209 days.  We just hired a golf pro that brings a lot of energy to the course. During the course of the next four/five months well install a point of sale program.  

Mr. Hughes remarked Our charter is outdated and we need your approval to redraft the charter to reflect the evolving use of the course.  He concluded by sharing A big thanks to you for hiring Bill Shane&whose brought energy and a common sense approach.  

        Councilor Damon questioned whether a marketing plan for those 209 days will be created.   Mr. Hughes replied we are working as a team now to increase the banquet revenues.  Councilor Kuntz urge(d) people to play that course.  The facility is beautiful.  Councilor Moriarty inquired into the response to the New Years Eve and Super Bowl events.  Mr. Hughes described both events as well attended and well received by existing and new members. The Super Bowl Party was a roaring success.  Mr. Hughes responded affirmatively to September as a workable date for the board to return with suggested charter amendments.   Councilor Stiles requested the board review the junior membership rates, suggesting $400 & is an awful lot.

Motion by Councilor Moriarty for the board to return no later than September of this year with recommendations for changes to the original order;
Seconded by Councilor Stiles
VOTE:   UNANIMOUS 6-0


04  018.       To hear a report from the Solid Waste Advisory Committee regarding Educational                       Efforts related to recycling and to answer additional questions related to Solid Waste                issues including Pay As You Throw.

SWAC Chairman Greg Poitras presented information regarding educational

programs offered by other communities.  The committee invited Public Works Director Steve Johnson to a SWAC meeting to receive further detail on South Portlands public awareness initiative, and how the initiative resulted in an increase from 6% to 21% in their recycling rates.  He articulated (1) Cumberland has a decent recycling rate of 16% compared to South Portlands original rate of 6%; (2) South Portland spent a considerable amount of money to achieve these results; and (3) South Portland rolled out curbside pickup at the same time it rolled out the recycling initiative.  Director Johnson explained the South Portland Recycles & Saves Program was developed in response to the rising RWS assessment.  Its important to note, however, in considering how much they spent on their program that it was not intended solely to educate the public on recycling& but to familiarize the citizens of South Portland with curbside pickup.  They paid an outside consultant $15,000 to develop the look and feel of the campaign.  The South Portland Recycling Committee contributed publicity content.  And, the City Council and Mayor were visibly supportive.  The primary program elements of South Portlands program included (1) a dedicated recycling hotline for citizens ($4,000); (2) a public service announcement, produced in connection with their local television station; (3) production of flyers, banners, etc ($8,000); (4) mailings and newsletters ($5,000 each); (5) presentations in the schools; and (6) recycling round table forums broadcast to the South Portland residents.  All in all, the budget was $40,000; $15,000 of which was paid to the consultant.  An ongoing budget is in place to maintain the momentum.  South Portlands current budget is set at $5,000, and is expected to increase to $8,000 in the upcoming budget.

Council comments and questions included:

·       Chairman Porter asked for detail regarding the savings generated by the City of
South Portland.  The gross savings are approximated to be between $125,000 and $150,000.  Chairman Porter asked for more information regarding the Pledge to Recycle program implemented in the South Portland school system. School children were asked to bring home pledge cards to be signed by their parents as a commitment to recycling.
·       Councilor Stiles questioned the use of the silver bullets in the South Portland
recycling program. Mr. Poitras stated that the town retained three silver bullets for use which played a key component in the overall plan.
·       Councilor Moriarty questioned the meaning of the 16.5% figure and the percentage
of households currently recycling in Cumberland.  Mr. Poitras explained that the 16.5% represents the percentage the overall tonnage brought to RWS that is recycled material.  Data to determine the number of households in town has not been surveyed. Chairman Porter added that it would be difficult to survey such data due to the inconsistency of recycling among residents.  He added, What is also not included in the tonnage is the composting done at individual residences.  Manager Shane commented that as a community, we are in the 44-45% range of recycling. Yarmouths number last year was 63%.
·       Councilor Damon requested Chebeague recycling statistics. Mr. Shane will provide
those numbers to the councilor.
·       Councilor Kuntz spoke to the savings per percentage point.  Obviously thats
gonna be rolled off the tax rate.  Thats gonna relate to some people.  Mr. Poitras indicated a 25% increase in recycling rates would show a $68,000 savings; or $2,500 to $3,000 savings for each percent, is also based on the base rate of $88 per ton and the five year rolling assessment; not the new assessment.  
·       Councilor Damon remarked she had conducted an informal survey of Greely High
School staff by asking if any recycling habits were changed as a result of the last council discussion. She received favorable feedback and wondered if that was indicative of the town as a whole. Chairman Porter stated the town receives monthly figures and have seen no movement in the numbers.
·       Councilor Storey feels it would be wise to hire a trash cop. He suggested
Cumberland look at the trash truck to make sure its empty before we start pick ups.  This would help to ensure there is no trash from outside Cumberland being paid for by the town.  It would be money well spent.  
·       Councilor Stiles asked for the cost to dispose of recyclables.  Theres no assessment
for the recyclables.  We pay for the cost of collection by Pine Tree, but not for the disposal replied Mr. Poitras.  The $128 per ton disposal cost represents solid waste only, not recycling.  Mr. Shane explained that staff at RWS does a good job accepting and sorting trash.   
·       Councilor Moriarty summarized, We pay to have the solid waste collected.  Its
delivered to RWS, and weighed, and we pay per ton for the solid waste. We pay to have recyclables collected separately; they are taken to RWS and weighed as well.  He questioned if the town is charged a disposal fee for that tonnage.  Mr. Shane responded part of the tipping fee is subsidizing the processing and the recycling facility. If the Town simply paid outright for a recycling tipping fee it would cost from $35 to $50 per ton. The committee has presented three options to the council: education, mandatory recycling and pay as you throw. Councilor Moriarty believes education is the least expensive option and shares others skepticism around whether we would appreciably increase our participation rate.  He commented this ought to be explored before voting and there should be some contact with this consultant or others regarding what to do when we are, in effect, mid stream in the recycling program and would like to increase from that point. He questioned How do you jumpstart a program that is up and running and established and is successful but not successful enough? Mr. Poitras replied the concepts are universal and the South Portland initiative has a number of great elements to choose from.  As of a few years earlier, 128 communities have gone to the pay-as-you-throw program.  In those communities, a 25% increase is considered a conservative rise in recycling rates. Manager Shane believes the common denominator is convenience, suggesting that a satellite facility on Drowne Road with one silver bullet would, even if we gained 100 tons, save about $10,000 after transportation costs.  
·       Councilor Damon asked if the savings identified were based on an assumption that
more recycling occurs. Mr. Poitras answered that it is a net of both the revenue generated by the bags and the cost savings resulting from the reduction of waste.  Of the $289,000 savings identified $221,000 represents revenue from the bags. Ms. Damon clarified that most of the savings in this program doesnt necessarily come from increased recycling; it comes from collection of money for the bags.  Mr. Shane explained that a 20% drop off in solid waste collection typically occurs with the implementation of the pay-as-you-throw program. Councilor Damon remarked, To me theres a & discrepancy between what youre saving from recycling and the actual cost of the bags.
Chairman Porter added that the pay as you throw program is a carrot and stick approach. Those who want the convenience and choose not to recycle & continue to pay for that convenience. Those that want to recycle, should recycle, and should not incur any increased cost. Mr. Poitras suggested for every penny that the assessment goes up per ton you would see an appreciable savings based on a pay-as-you-throw program or public awareness initiative.
·       Chairman Porter stated he is prepared to support a modified pay as you throw system
where nobody has to pay additional money for their solid waste unless they choose to. Mr. Poitras explained the committee was not asked to make a recommendation with regards to any element of a pay as you throw program.  Without favoring any one solution, Mr. Poitras offered if a bag costs $1 and the town did not distribute any free bags, the cost savings to the town would be approximately $289,000, resulting in a reduction of the mil rate of about 35 cents.  If households received 52 free bags and were given a hard-shelled 33 gallon container the town would see a savings of $155,000, reducing the mil rate by 19 cents.

During the public hearing, Bill Putnam, 16 Phillip Street, remarked Im not in favor of this.  It cuts into my familys income.  He described the pay-as-you-throw program as a kind of a tax; a regressive tax. He also questioned if recycling rates completely flip-flopped due to a completely successful program, does that mean the tipping fees goes sky high to compensate for that shift?  Chairman Porter responded that were paying a disproportionate share because of our lower rates and paying for all of those communities that have a better recycling rate than we do.
Susan McGinty, SWAC board member, stated that there is very little bypass of recyclables because theyre picked up curbside.  She stated the towns that have unattended silver bullets are having a lot of problems with bypass and suggested one or two silver bullets be placed in areas where there is a town presence.  
        In response to Chairman Porters request for committee direction from the council the following comments were received:

·       Councilor Damon requested a plan that would outline the cost and implementation schedule of an education campaign, as well as the cost of silver bullets at 2-3 locations throughout town.  She added that many folks on Chebeague Island would appreciate a recycling bin.
·       Councilor Kuntz would also like information on the silver bullets, and in particular, a silver bullet at the CTC parking lot.  Mr. Shane added that he believed West Cumberland and Drowne Road to be the most logical locations for silver bullets.
·       Councilor Storey has received initial opposition to the silver bullets and agrees with Councilor Moriartys question what could be simpler than the curbside pick up? He is opposed to silver bullets around town.
·       Councilor Moriarty is not opposed to silver bullets but he does not believe that they will appreciably increase the participation rates. He was under the belief that a free container was supplied to each household.  
·       Councilor Stiles is in favor of the education initiative and would only support a pay as you throw program as a very last resort. This is a municipal service that folks can see for their tax dollars.  However, were faced with a crisis for tax dollars.  He appealed to residents to recycle.   


Mr. Poitras thanked the Council and stated the committee will reconvene to discuss the multiple options.  All of the information discussed this evening will be considered and a survey of towns with similar programs will be conducted for more detail.

04  019.       To hold a public hearing to consider and act on a Restaurant with Malt and Vinous Liquor license              application by Milton Truman, d/b/a Cumberland Station, 137 Main Street, for the period                      February 23, 2004 through February 23, 2005.


 

Manager Shane introduced Mr. Truman who stated he has decided to take a break

for a few weeks due to operational costs.  He plans to re-open March 15th and rethink our menu a little bit.  He is considering additions to his menu which may include ice cream and additional appetizers.  He explained his request for the addition of beer and wine is due to so many requests from his customers.  

Motion by Councilor Stiles
Seconded by Councilor Moriarty
VOTE    :      Passage 5-1 (Councilor Kuntz opposed)


        04  020.       To endorse a regional effort between Yarmouth and Cumberland for assessing
                      duties, effective February 24, 2004.

The Yarmouth Town Council has authorized their Town Manager to enter into a

contract with Cumberland for joint assessing duties.  The final details of the contract are being reviewed by Cumberlands attorney and the agreement will be executed within the next few days.

Councilor Moriarty clarified that each town will pay their fifty percent share

directly to each employee.  Manager Shane stated the ambiguity will be addressed in the contract.

Councilor Damon believes Its a good idea to touch base within six or nine months

since this is something new thats never been done before. Mr. Shane explained this is a one-year contract and agreed to come back in August or September with an update.

Motion by Councilor Moriarty to authorize the Town Manager to enter into an agreement with the town of Yarmouth to share assessing duties;
Seconded by Councilor Storey
VOTE:          UNANIMOUS 6-0

04  021.       To receive a communication from the Finance Committee Chair to consider and adopt a schedule of FY 05 municipal budget workshop dates.


 

Councilor Stiles thanked the department heads and council members who have

attended the meetings thus far and identified the schedule as:

March 11  Library and Recreation
March 16  Department of Public Works and Solid Waste
March 17  Chebeague Library and Recreation
March 18  General, Administration and Insurance
March 23  Housing Authority, Val Halla, and Cemetery


 

These are public hearings open to the public.  


 

Motion by Councilor Moriarty to adopt the workshop dates as stated;
Seconded by Councilor Damon
VOTE:          UNANIMOUS 6-0


V.      NEW BUSINESS

Councilor Damon  commented that the Harpswell LNG project will definitely impact people on Chebeague and that part of Cumberland.  The question is how?  The fishermen on Chebeague were polled and 100% are opposed.   40-50 people went to Harpswell on Saturday to participate in the LNG Human Chain Rally.  People from outside Harpswell will be permitted to speak at the end of next Saturdays meeting.


 

Councilor Storey  none


 

Councilor Kuntz -  none

 

Chairman Porter  a neighborhood meeting regarding the proposed Habitat project will be held March 9th at 7:00 p.m. in Town Hall.  There was a very positive article in the PPH regarding the project.  We want to hear from the abutters and residents of town.  


 

Councilor Moriarty   received a letter from the Falmouth On the Green homeowners Association regarding the reconstruction of Winn Road.  Manager Shane has drafted a response to the Falmouth Town Manager.  He questioned which towns will be represented at tomorrows RWS meeting. North Yarmouth, Freeport, Falmouth, and Yarmouth plan to be present. The meeting will be jointly run by the Yarmouth Town Manager, RWS Counsel Nick Nadzo, and RWS Manager Rocco Marzilli and held at Yarmouth Town Hall.


 

Councilor Stiles - The USM Cooperative Extension will hold its educational program, Watershed Stewards Program, for residents of the Forest Lake Watershed March 31st at the West Cumberland United Methodist Church.  The next Regionalization meeting will be held Wednesday, February 25th and a report will be received from RCC Consultants regarding their study of the regionalization of dispatch services.


 

Manager Shane - attended a tax forum held by the Chamber and attended by over 200 people. A straw poll showed one third favored the governors proposal, another third favored the Republican Partys proposal, and a third favored Carol Paleskys proposal.  MMAs proposal is dying on the vine.  The Palesky proposal would have a crippling effect on most communities.  The impact to Cumberland represents a 54% reduction in spending, effectively shutting down town hall.  I just hope that as the months progress people get educated and understand that the impacts are real.  


 

EXECUTIVE SESSION   none


 

 
Motion by Councilor Moriarty to adjourn;
Seconded by Councilor Kuntz.
VOTE:          UNANIMOUS  6-0
TIME:          8:45 p.m.



Respectfully submitted,

Nadeen Daniels, CMC
Town Clerk

 

290 Tuttle Road
Cumberland, ME 04021
Phone (207) 829-5559  
Fax (207) 829-2214

 
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