Town Council Minutes 4/12/2004
MINUTES
CUMBERLAND TOWN COUNCIL MEETING
TOWN COUNCIL CHAMBERS - 290 TUTTLE ROAD
MONDAY, APRIL 12, 2004
6:12 p.m. Budget Workshop: Fire Department Budget
Attendance: Chairman Porter, Councilors Stiles, Moriarty, Savasuk, Kuntz, and Damon.
Excused: Councilor Storey.
Budget Chair Bill Stiles deferred to Chief Small who was present to request support for an increase from part to full-time for the Fire Administrator position. Chief Small reviewed the position and duties, referencing the extensive amount of paper work necessary in order to comply with the laws and regulations. He articulated the major areas of responsibility as accounts payable and receivable, equipment logs, utility payments, payroll, incident reporting as required by MRSA Title 25, pre-employment interviews and orientation, respiratory protection and testing, visits to fire grounds for assistance with planning phase during significant fire events, OSHA compliance, right-to-know stations, scheduling per diems and outside event coverage, maintaining radio inventory and fire screens for every street in town, web page maintenance, vaccination compliance, annual reporting, and local apparatus statistics. Chief Small concluded by remarking "By having her position there, she's actually allowing us to keep as many volunteers around as we can. She"s critical to the way the organization operates today.
Several areas were discussed by the council, including: the amount of increased cost to salary and benefits, the Explorer Program, availability for this position to seek grant sources, and record keeping mandates. In particular, Councilor Moriarty inquired whether the noted record keeping duties are required rather than simply optional. Chief Small stated his concern that negligent record keeping practices could put the town at risk with the Bureau of Labor. Councilor Stiles expressed a desire to maintain our previous position. Somewhere, we have to take a stand on our expenses. However, he expressed support if the fire department can find something else to give up. Chairman Porter indicated he was comfortable with the decision reached already. Councilor Damon described the request as justifiable as anything else weve heard. Anything the council can do to make it easier for the firefighters, within reason has her support. Councilor Kuntz believes this position can be used for other town activities, not just the fire department. This way, he added, we may have an opportunity to get money we would not normally get. Councilor Savasuk supported the increase, but added I dont want this to reflect like a precedent. Im willing to go with this for a year and if next year I dont feel comfortable Im going to say no. It was relayed that Councilor Storey has shared his support, assuming the additional funds are found without an increase to the departments budget. Councilor Moriarty suggested that if the Manager can find the money, I guess I dont have a problem. He referenced Councilor Kuntzs point regarding the availability of the position to other town departments even at the expense of some very technical data keeping. Manager Shane verified he will fund the position within the 4% of the existing numbers.
Budget Workshop Adjourned: 7:04 p.m.
7:05 p.m. CALL TO ORDER:
Attendance: Chairman Porter, Councilors Savasuk, Damon, Kuntz, Moriarty and Stiles.
Excused: Councilor Storey
I. APPROVAL OF MINUTES:
a) April 5, 2004
Motion by Councilor Stiles to approve the minutes;
Seconded by Councilor Savasuk.
VOTE: Unanimous 5-2 (Councilors Porter and Kuntz abstained)
II. PUBLIC DISCUSSION: 7:09 p.m.
Shirley Storey-King announced the creation of a $1,000 annual Storey Family Scholarship to be awarded to a hard-working, civic minded Cumberland student based on academic achievement and financial need. This scholarship is just one means of giving back to the community and Ms. Storey-King encouraged all graduating seniors to apply. Councilor Damon described the scholarship as a nice model for other people in town who might have similar inclinations.
III. LEGISLATION AND POLICY:
04 038. To correct the minutes of December 22, 2003 regarding item number
03-138 in order to add Article III to the list of amended articles.
Motion by Councilor Damon to accept the corrected minutes;
Seconded by Councilor Stiles.
VOTE: UNANIMOUS 6-0
ITEM 04-043 was taken out of order.
04 043. To hear a report from the Solid Waste Advisory Committee.
Greg Poitras, Chair of the SWAC, was present in response to the councils request at the conclusion of his previous presentation. The committee was requested to perform a side-by-side economic analysis of the municipal solid waste reduction strategies included in the initial report. The committee also provided an analysis of the status quo, a pay as you throw program without free bags, a pay as you throw program assuming one free bag and container, and a public awareness campaign similar to that of South Portlands. The public education initiative concluded that although we expected there to be a reduction in municipal solid waste&we concluded that those reductions would not be significant&or sustainable over the long haul. Mr. Poitras cited a 3-10% reduction based on the education program against a 25% reduction from a pay-as-you-throw program. The only alternative that has an appreciable reduction on the mil rate is a pay as you throw program. A projected cost of a broad brush public outreach program was estimated at $10,000. The element of a silver bullet program was also reviewed and the committee attempted to analyze the bullets by grouping their analysis into (1) cost, (2) availability, and (3) pros and cons. Some of the cons identified were that the town is already paying to have curbside pick up; why incur the cost of a silver bullet program? Mr. Poitras stated that the silver bullet program would represent a gross savings of $4,000 or a break even net economic effect. He noted that the committee was pretty well divided on the issue.
Councilor Damon asked where the 25% as shown in his presentation came from. Were talking about going from 16% to 40% recycling. Mr. Poitras stated that the 25% is a reduction from what we are currently throwing away. Councilor Moriarty summarized that education will not produce meaningful or higher rates of participation. SWAC Chair Poitras thanked the members of the Solid Waste Advisory Committee for their extensive work in preparing the report.
04 039. To hold a public hearing to consider and act on an estimated 14%
increase to the sewer rates, effective July 1, 2004.
Manager Shane explained the Town is in the process of preparing for a major upgrade at the Falmouth Treatment Plant consisting of costs from $1.6 to $4 million dollars. In order to pay for that bond and to maintain the new system, the town will need to increase the sewer rates. He and staff have worked to lower the original estimate from 17% to 14%. The increase in fees remains at 14% for five years and decreases to 12% in the sixth year. There will be a negative cash flow in the Sewer Fund for the next five years; however. If the fund were to be replenished in one year only, the fees would need to increase from $427 to $650 effective July 1, 2004. The fund will have an $86,000 deficit this year which will grow to approximately $284,000 by year five, and then be wiped out in year six. Manager Shane also suggested rounding up the numbers to help offset this fund.
Chairman Porter commented that some overly optimistic assumptions had been made so that the revenues did not increase the way they were supposed to. Councilor Savasuk added that it appears there are no other options. This is the best deal.
Councilor Moriarty explained that a household currently on the system is paying a base rate plus a usage fee. The 14% increase is a total increase on the both rates. For example, a lot that owns a permit would only pay the base rate at the 14% increase, from $22.58 to $28.00 per month by 2009. He noted that we are including a class of permit holders. The current users pay the stepped up increases as outlined. Those that are neither on the system nor own permits pay nothing.
Much discussion occurred regarding the deficit funding of the sewer fund. Chairman Porter clarified that were borrowing from ourselves and this will be paid back. We can push the increase all in a one year cycle or we can take this as a middle ground that allows us less pain over a longer period of time. Chairman Porter stated the Town has the option to pay it all upfront or pay it off over five years as proposed here.
Councilor Kuntz responded that those not on the sewer should not be required to contribute, but the town has not diligently planned for the future for upgrades by raising the sewer fees over these many years. He questioned, Is it really fair to the sewer users to whack them in one year for the whole ball of wax?
During public comment Mr. Tom Allen remarked Everybody in the town uses the sewer regardless of whether youre on it or not. Those people also have some responsibility towards the cost of this upgrade.
Motion by Councilor Savasuk to accept the managers proposal as 14% over five years;
Seconded by Councilor Stiles
VOTE: 5-1 (Councilor Damon)
04 040. To hold a public hearing to consider and act on amendments to the
Ordinance Relating to Roads and Town-Owned Property with respect
to rates and fees for the new wave break and float system at Stone
Wharf.
Manager Shane stated that $600,000 in improvements have been completed at the Stone Wharf. The new float system will generate approximately $15,000 annually to offset the cost of the project. During the public hearing of April 5th residents expressed concerns regarding a lottery concept. He assured the council and public the existing users will have space. There are currently 163 moorings registered by island residents. He noted the boats in each size category were almost evenly split. A new permit application will be mailed to all 163 owners asking them to select a preferred float; a process he described as a very simplistic process.
Councilor Moriarty spoke to the prior council meeting, stating I think this plan for allocation of space is a good reflection of the comments received that night. We did not actually get a lot of negative comment on the fees themselves. It dealt more with the potential for insecurity that goes hand in hand with a lottery designed system and I think weve addressed that.
Changes and suggestions made by the councilors included: Councilor Damon suggested the lengths be revised to include 12 feet rather than Less than 12 feet. She believes the existing wording actually precludes the 12 foot boat. Further, she recommended there be three different tie-up areas for varying sized boats, but only two fees. Since all boat owners do not have a mooring, she believes it should be made clear to applicants that a mooring is not necessary. She recommended the word Pier be changed to Stone Wharf in Section 5A. Councilor Damon sought clarification in Section D where it states that &no haul offs or pulley lines shall be permitted at the Stone Wharf, asking Does this language mean off the wharf itself or something just in the cove? Harbormaster Ted Curtis recommended adding the word facility after 'Stone Wharf&so that it will include the new floats and surfaces, but not the beaches. Councilor Damon also questioned Section F which states, The town shall make every effort to have the floats in the water as soon as practicable in April and remove the floats as soon as practicable in the fall& suggesting the month of March be added into this section so that it becomes a possibility to install the floats earlier in the year if possible. Manager Shane remarked that doing so in March may cause problems with storm damage to the floats. Councilor Damon suggested that by adding the month of March theres a shot that theyll go in when conditions warrant. She recommended the word April be eliminated and change the wording to as soon as practicable.
Councilor Moriarty reviewed several housekeeping items regarding the ordinance structure as follows: a language change within paragraph A, to state &except for the float designated per the plan attached as attachment A& ; paragraph E refers to the Stone Wharf Plan for March 10, 1996; however the attachment including a sketch of the Stone Wharf states a different date of October 9, 1995 from Paragraph E. He requested the correct date be verified and identified in paragraph E; and recommended deleting the word up and replace the word measurement with length on the bottom of the second page under Paragraph F where the three measurements of length are listed.
Motion by Councilor Moriarty to amend the Ordinance Relating to Roads and Town Property by adopting the proposed amendments to Section 5 in the handout, with the following additional amendments to Section 5:
1. In paragraph A, the word pier be deleted and the word wharf be substituted in its place. Also, the reference to Attachment B be deleted in its entirety and the language be amended to include, beginning in the second sentence, &except for the float designated per the plan attached as Attachment A for loading and unloading&
2. In the final paragraph, Paragraph B, the time reference to the maximum tie-up to the loading and unloading float be amended to 15 minutes rather than 30 minutes.
3. In subparagraph D, the word facility be added at the end of the sentence.
4. In subparagraph F, the word April be deleted and the word Spring be inserted in its place and that in the second subparagraph of paragraph F, bottom line, the word measurement be deleted and the word length be substituted in its place.
Seconded by Councilor Stiles
VOTE: Unanimous 6-0
Councilor Damon asked if any consideration was given to punts which do not require registration. The Harbormaster replied that all boats that are at the Stone Wharf facility will be noted. If theyre propelled by oars, etc. theyll be asked to register their name and phone number. Councilor Damon requested signage to notify these owners of the requirement.
Chairman Porter closed by thanking Councilor Moriarty for his work on behalf of this project and the ordinance in particular, noting, without his intervention, the Wave break as well as the additional floats would not have been installed.
04 041. To hold a public hearing to consider and act on a Restaurant/Lounge
(Class XI) Liquor license for the Chebeague Island Inn.,
Manager Shane clarified this license will replace the previously issued license. Attorney Bill Welch, representing Martha Dumont, explained the reason for the change is to allow the restaurant to remain open and serve liquor during those times the hotel guest rooms are not open. The current plan is for the restaurant to be open from Mothers Day through Thanksgiving with the guest rooms open from Memorial Day to Columbus Day.
Motion by Councilor Moriarty to approve the application for a Class XI liquor license for the Chebeague Island Inn;
Seconded by Councilor Stiles
VOTE: 5-1 (Councilor Kuntz)
04 042. To hold a public hearing to consider and act on a Mass Gathering Permit for the annual Bonny Eagle Car Show, to be held at the Cumberland Fairgrounds, May 15 and 16, 2004.
Manager Shane stated the Town Clerk and the Rescue, Fire and Police Chiefs, have met with the Bonny Eagle representatives to review the application and are recommending approval.
Mr. Colby thanked staff for their help. Chairman Porter asked about the possibility for Cumberland non-profits to participate as a vendor. Mr. Colby replied that this event has served as a fundraiser for school activities over the past 25 years and the current field conditions precludes opening the fundraising activities outside the group. He noted; however, down the road there might be an opportunity for other groups as the show grows.
Motion by Councilor Stiles to approve the Mass Gathering Permit for the annual Bonny Eagle Car Show, to be held at the Cumberland Fairgrounds, May 15 and 16, 2004;
Seconded by Councilor Damon
VOTE: 5-1 (Chairman Porter)
04 044. To set date for a public hearing on the proposed FY 2004/05 Municipal Budget.
Councilor Moriarty questioned if it the intent is for the council to act on the budget on that date. Manager Shane responded that there have been numerous amounts of workshops on the budget, a 1.7 % increase on the mil rate is tight, and were prepared to move forward.
Motion by Councilor Stiles to set a public hearing date of April 26th;
Seconded by Councilor Moriarty.
VOTE: UNANIMOUS 6-0
IV. NEW BUSINESS:
Councilor Savasuk: None
Councilor Damon: None
Councilor Kuntz: None
Chairman Porter: reported that the Good Friday walk to benefit the Cumberland Habitat for Humanity project raised just under $30,000.
Councilor Moriarty: commented on the article published about the Curit property purchase. He also noted concern over reading that the Islands Committee is applying for a grant to conduct a public opinion survey. It struck him as possibly unnecessary and superfluous. The Chebeague Island Long Range Plan addresses the need and I dont know why theyre doing this. Since the town is covering their portion of the purchase, he feels the delay is bothersome. Councilor Damon believes that the reason for the survey is to find out what type of housing folks are looking for and who is interested. Councilor Moriarty suggested that the council hold a workshop with the Islands Committee to discuss the proposed survey. Chairman Porter asked when the council will see a document that splits the property and when money will we received. Manager Shane agreed to put this issue on the front burner. He suggested the Trust be invited to discuss the easement at 6:00 p.m. on the 26th. Councilor Damon stated that she will not be available at that time and requested a draft easement as early as possible.
Councilor Stiles: Noted a complimentary letter written by a Falmouth resident to Police Chief Charron regarding the professionalism displayed by Officers Dalbec and Martin.
V. MANAGERS REPORT:
The Prince Memorial Library will be closed during school vacation week for interior painting. The Library Staff will be working at Town Hall during that time. A mailing regarding new mooring permits will be sent to all Chebeague Island boat owners by the end of the week. He will meet with representatives from the Department of Transportation and the Town of Yarmouth tomorrow to sign an agreement for work to be done at the end of Wharf Road. He hopes to get the process moving forward and to return to the joint standing committee with a proposal in the near future. He shared that the town has received full payment of a lien placed last fall for a property in West Cumberland. The Habitat For Humanity contract and draft survey and division of the land will be before the council at their next meeting. Val Halla is scheduled to open this week, weather permitting. The Police Departments four wheel drive vehicle is headed to the island in the next week or so. Floats were installed on Chebeague Island today. The floats were installed in less than six hours and are already in use. He has spoken with Prock Marine regarding the concerns raised at the last meeting related to the wave break. A brown tail moth aerial spraying program will not occur this year, for a second time. A map was displayed for the viewing public highlighting the high and moderate risk areas. Route One to the water is the high risk area, which includes the Foreside area. The area from Route One to just shy of Main Street is at moderate risk for infestation. The state entomologist is recommending no spray this year. Manger Shane noted a list of six licensed applicators who will conduct individual property sprays can be found on the towns web page. Councilor Moriarty questioned whether any other high-risk areas were conducting aerial sprays. To the best of the managers knowledge, no other communities are conducting a spray. Approximately one dozen trees will be taken down by crane and bucket truck, as well as some limbing and pruning of trees in the Congregational Cemetery. The work is expected to be completed by Memorial Day. Several trees in the Foreside Cemetery will come down as well before Memorial Day.
Motion by Councilor Kuntz to adjourn at 9:25 p.m.;
Seconded by Councilor Savasuk
VOTE: UNANIMOUS 6-0
Respectfully submitted,
Nadeen Daniels, CMC
Town Clerk
