Town Council Minutes 3/11/2002
TOWN OF CUMBERLAND
MEETING OF THE TOWN COUNCIL
MONDAY, MARCH 11, 2002
Present: Stephen Moriarty, Jeff Porter, Harland Storey, Michael Savasuk & Peter Bingham
Excused: Donna Damon & Mark Kuntz
I. The meeting was called to order by Chairman Moriarty in the Council Chambers
at Cumberland Town Hall at 7:02 PM.
II. Approval of Minutes.
a) January 28, 2002
Councilor Storey moved to adopt January 28, 2002 minutes as written.
Seconded by Councilor Porter
VOTE: UNANIMOUS (5)
b) February 25, 2002
Councilor Storey moved to adopt February 25, 2002 minutes as written.
Seconded by Councilor Porter
VOTE: UNANIMOUS (5)
III. Manager's Report
No Report
IV. Public Discussion
None
V. Legislation and Policy
02-14. To hear presentation - Regional Waste Systems.
Cumberland Representative to Regional Waste Systems Susan McGinty was accompanied by Freeport Representative to RWS Dale Olmstead, and Eric Root,
Director of Materials Recovery for RWS.
Mrs. McGinty gave a presentation stating the history of RWS, stating that RWS currently has 20 communities that are members of RWS, and 6 communities that are associate members. She presented several charts showing the changes in the plans of operation: pre
1994, 1996 and 2002, current municipal payments to RWS and recycling information.
02-15. To Hear Auditor's Presentation on GASB34.
A presentation was given by Gregory Chabot, an employee from Runyon Kersteen &
Ouelette PA, who have been the Town of Cumberland's auditors for several years.
Mr. Chabot stated that GASB 34 was Governmental Accounting Standards Board, the
standards setting board for governmental entities. The task of GASB 34 is to issue
statements, which become generally accepted accounting principles. The objective of
the statement is to provide greater accountability by providing more useful information
to the readers of the financial statement. Mr. Chabot gave an explanation as to how the
GASB 34 would be done in relation to the Town of Cumberland's finances.
02-16. To Consider and Act on Brown Tail Moth Spraying Proposal.
Councilor Moriarty stated that Dick Bradbury, the State of Maine Entimologist,
was present at the Council Meeting of February 25, 2002 and he presented a
proposal for spraying certain areas of town, notably parts of Cumberland Foreside and
three areas of Chebeague Island. The Town sprayed previously in 1998 and 1999
and the brown tail moths have returned to the areas. If the Council chooses to approve
spraying in 2002, the spraying would take place in May, during a 10-14 day window.
Spraying successfully kills the insects, but does not neutralize the hairs that are
currently on the ground.
Town Manager Robert Benson advised the Council that the estimated
cost of spraying for brown tail moths would be $17,000; however Dick Bradbury
has suggested appropriating up to $20,000 for the project and any unexpected
expenses.
Peter Bohman of 140 Tuttle Road asked if the Council would consider spraying
moths on his own property; it would be more precise.
Councilor Bingham moved to approve the spraying for brown tail moths in the
designated areas at the cost recommended by the Town Manager and to implement
all of the legal steps necessary to complete the spraying.
Seconded by Councilor Savasuk.
Jonathan Komlosy inquired as to what insecticide intended to use in its spraying and
if there was any public information available, including information as to side effects.
Councilor Porter stated that cursory studies have shown that Dimilin shows no effects
on humans, but does have a profound effect on crustaceans. He felt that aerial spraying
would spray areas that are not designated to be sprayed.
VOTE: IN FAVOR (4)
OPPOSED (1) Porter
02-17. To Vote on Hope Island Secession Request.
Councilor Moriarty stated that on November 13, 2001 a Public Hearing was held
on the secession petition of Hope Island; a Special Election was held on February
19, 2002 to vote on the secession and the vote was announced at the February 25, 2002 Council Meeting; there was one vote in favor of secession and none opposed. The next
step in the statuary framework is to take a recorded vote on the secession request. The
Town Council does not have the power to either grant or deny the request to secede;
only the Maine legislature has the power to allow a portion of a town to secede and to presumably join another town.
Attorney Christopher Neagle, representing John and Phyllis Cacoulidis, stated that the
goal of his clients was to secede from Cumberland because they feel they are not
receiving any return on the real estate taxes. Mr. & Mrs. Cacoulidis have been in touch
with the Town of Long Island to see if there is interest in Hope Island becoming part
of their community. Long Island selectman could not take the decision seriously until
a decision had made by the Cumberland Town Council.
Councilor Bingham moved to oppose the request for Hope Island to secede from
the Town of Cumberland.
Seconded by Councilor Porter.
VOTE: UNANIMOUS (5)
02-17. To Consider and Act on Revisions to Tax Acquired Property Policy.
Councilor Moriarty stated that the Council had reviewed the tax-acquired property
policy during a workshop earlier. He reviewed the changes that have been made to
the revised copy:
1. Page 4, Paragraph A:
The word "property" had been omitted from the earlier version.
2. Page 5, Paragraph iii:
The word "disclosure" should be "foreclosure."
3. Page 5, Paragraph iv:
The words "deducted as" have been changed to "considered as"
The phrase "and subtracted from the fair market value of the property"
has been changed to "or fee within the meaning of Paragraph 3."
4. Page 7, Paragraph below Section E:
The words "by the" were deleted.
Councilor Bingham moved to modify the Tax Acquired Property Policy as presented
in the final clean draft, with the provision that Paragraph 8 be implemented upon approval.
Seconded by Councilor Savasuk.
VOTE: UNANIMOUS (5)
02-19. To hold a Public Hearing to consider and act upon the adoption of a Contract
Zone to allow the following uses in the Southern Office District: Single-family,
duplex and multiplex dwellings for persons 55 years of age and older on 10,000
square foot lots, with 75 feet of frontage, with front setbacks of 25 feet, side
setbacks of 15 feet, and rear setbacks of 20 feet, and; Communication towers
in accordance with Section 433.
Applicant has requested that this agenda item be tabled.
Councilor Bingham moved to table agenda item 02-19.
Seconded by Councilor Porter.
VOTE: UNANIMOUS (5)
VI. Correspondence
§ Advertisement from Edwards & Kelcey, Engineers
§ Letter from MDOT regarding Route 1 resurfacing
§ Letter from resident Caroline Sample regarding Greely Jr. High
Namioka Exchange Program
§ Letter from City of Portland regarding July 4th Fireworks & Festival Celebration
§ Letter from Deluca Hoffman
VII. New Business
Councilor Bingham :
Comments from residents on Bruce Hill on water shortage
Councilor Bingham moved to adjourn the meeting at 9:13 PM to a Council Workshop.
Seconded by Councilor Porter.
VOTE: UNANIMOUS (5)
Respectfully submitted,
Deborah Flanigan
Deputy Town Clerk
