Town Council Minutes 3/8/2004

MINUTES

                               Town Council Chambers - 290 Tuttle Road
                                         Monday, March 8, 2004



7:00 p.m.  Call to Order

Present: Chairman Porter, Councilors Damon, Storey, Moriarty, and Stiles.
Excused:  Councilor Savasuk.

I.      APPROVAL OF MINUTES

a)      February 23, 2004

II.     MANAGER'S REPORT

III.    PUBLIC DISCUSSION

IV.     LEGISLATION AND POLICY
  
04  022.       To set dates for Bulky Waste Pick-Up on the Mainland and Chebeague Island.

The Manager recommended the dates of May 3 and August 6-8 on the Island.  The fall pickup date will be determined after the budget process.

04  023.       To accept an easement deed from Hall and Deborah Thompson for the purpose of the

Manager Shane stated this is the second and final deed necessary to correct property line errors.  When the 'back nine was built the property lines were incorrectly stated.  This deed creates an easement to approximately one-tenth of an acre along the back of the Thompsons property. The property is located on Greely Road.

04  024.       To set date for public hearing regarding the transfer of property to Habitat for Humanity

Manager Shane described this item as an administrative matter to set a public hearing date for the council to conduct a public hearing to receive comments related to a Habitat for Humanity affordable housing project.  A public hearing is scheduled for tomorrow evening at 7:00 p.m.

During the public participation process, Joanne Andrews, voiced a concern with the location. Blueberry Hill is probably the most scenic area in the town she noted, but this area will go right through our trail system.  The top of the hill is a meeting spot for everybody.  Its a horrible spot to lose.  She requested other sites (be) investigated and suggested the town investigate a piece of property it owns on Bruce Hill Road.  Chairman Porter responded that nothing that occurs here affects the snowmobile trail.  Nothing&will affect access to the top of Blueberry Hill.  The snowmobile trail does not go across the town property at this time&that occurs on private property.  Ms. Andrews also suggested there is significant ledge in the area, in addition to a huge water problem.    

Mrs. Waltrud Herman, 490 Greely Road Extension, explained she and her husband have owned a Bed and Breakfast at the bottom of the hill since 1990.  There are quite a few people that have problems with the water and there is no guarantee it will not be any worse.  She also addressed her concerns around fire danger, stating We have to call just about every year & youngsters are up on top of the hill building fires & and its a great concern of us.  

Bob Simonds, 269 Bruce Hill Road, requested clarification regarding the public hearing process.  Councilor Moriarty explained Its simply a scheduling device to put this on the agenda next time we meet.  It doesnt guarantee or predetermine the outcome.  Mr. Simons requested all participants be provided a list of other parcels which have been reviewed by the council.  A list of town-owned sites will be available at tomorrow evenings meeting.    

Councilor Stiles remarked were in the process of looking to do a Habitat project.  But, tomorrow night is an informational meeting.  Until we get enough information&I dont believe theres anybody on the council that has their mind made up.  

Councilor Storey described tomorrow evening as a courtesy meeting for the neighborhood.  We all felt we really wanted to give the people in the area thats being affected by it a chance to speak before the formal meeting of March 22^nd.    

Councilor Damon requested further information regarding the Bruce Hill Road site mentioned by Ms. Andrews.

Chairman Moriarty stated The idea is to do an informal neighborhood meeting tomorrow night.  From then you go on to the & more formal meeting&where the same maps, sketches and materials will be available to the entire town.  Its a good place to begin.

Manager Shane described this as a housekeeping item pending the outcome of tomorrows vote in the town of Harpswell.  He explained, It may be several months to a year before we hear much because there are no pending applications before the Board of Environmental Protection.  If Harpswell issues an affirmative vote, we will need to seek new legal counsel due to the fact our current counsel represents the Town of Harpswell, or communicate with the towns of Yarmouth, Freeport, Brunswick and possibly Falmouth to discuss a joint intervener process.  The only cause for pause is we probably have the greatest impact of all those towns.  

Councilor Damon expressed concern with a joint effort suggesting I would be very concerned if we lost our independence because of the uniqueness and multi-faceted aspects of this project. As an intervener wed have a seat at the table. She added I want to make sure we dont get ourselves into a position where weve given up some advocacy.  People are just focused on whats happening in the Harpswell vote and nobody has been looking at the big picture.              

Councilor Moriarty asked If Harpswell votes no, is that the end of the road for us?  Manager Shane explained if the vote is negative Fairwinds will move on to their alternate site.  Councilor Moriarty stated If Harpswell should vote yes&I would urge you to put a coalition together & for economic and clout reasons.  If the issues of the region become divergent we could and would pursue our own aggressively.  

Councilor Storey is not ready to authorize spending money to hire an attorney until something is laid out in concrete.   

Councilor Stiles echoed Councilor Storeys comments but asked where is the point of no return?  I dont want to spend any more money & but sometimes its easier to stay ahead rather than to play catch up.

Chairman Porter believes there are a lot of people that feel very anxious about this project. This is one way we can show the folks on the Island and Foreside & that we do think its a serious issue.  Its possible that by tomorrow & it will all be moot.  

Manager Shane clarified this item is to receive policy direction more than an appropriation of funds.

Councilor Moriarty feels we need to be prepared to hit the ground running Wednesday morning if there is a positive vote and we have to show solidarity with the folks on Chebeague.  

Councilor Kuntz concurs this provides the Town Manager the go-ahead to move if he has to and I dont have a problem with that.  

     
V.      NEW BUSINESS

Councilor Damon  reported on her attendance at a Harpswell public hearing, describing it as enlightening and interesting to see how other towns operate.  However, It was frustrating because even their own summer people were treated as non residents.  Cumberland residents waited 5 ½ hours before they spoke. The chairman stated they had not considered how this project would impact other towns beyond Bath and Brunswick. They were more land based in their concerns initially.   
Councilor Storey   none
Councilor Kuntz none
Chairman Porter none
Councilor Moriarty  questioned the Manager regarding the Curit property. The Manager and Town Planner feel it would be best handled by the Island Committee.  However, Councilor Damon is concerned with giving this issue to a committee of 17 whove never worked on this before. Councilor Moriarty would like it to reach the Islands Committee at some point.  Councilor Moriarty asked the town to take a more proactive role in the Memorial Day event.  He requested the section Executive Session be placed on an agenda only when there is an executive session item. If something comes up at the last minute we always have the right to adjourn to an executive session.
Councilor Stiles  thanked the Rescue Department and Town Manager for assisting the town of Litchfield through the donation of a used rescue unit.
Manager Shane  Town Council and School Board nomination papers are available March 15^th and due April 26.  Available seats include one At Large and one Island council seat and two at-large School Board seats.  

VI.     EXECUTIVE SESSION - none