Town Council Minutes 7/12/2004

PRESENT:  Chairman Stiles, Councilors Moriarty, Porter, Damon, Storey, Kuntz, and Savasuk, and Town Manager Bill Shane.

I.      APPROVAL OF MINUTES:

a.      June 16, 2004

b.      June 28, 2004

II.     MANAGER'S REPORT:

The Manager stated that:
·       The Cumberland Fire Department along with Bert Copp of the Public Works Department responded to a 400 gallon fuel spill at mile 56 on the Maine Turnpike. He explained that the area is a huge aquifer and the spill could have contaminated 400 million gallons of the aquifer which supplies water to 350 families over the course of the year. Manager Shane thanked the numerous volunteers that participated in the call and were able "to save a potential mess for many years to come.
·       Greely Road was paved today, Monday, July 12, and will be completed tomorrow, July 13 when the final pavement is put down.
·       He will ask the Council to suspend the rules by adding an item to the agenda in order to authorize him to sign an agreement for a CDBG block grant. The grant would allow him to complete a study on Chebeague Island for affordable housing on the Curit property.  
·       He has been in contact with our state entomologist, Dick Bradbury, regarding the browntail moth issue.  Manager Shane will bring the discussion to the Town Council in September to determine prevention options for next spring. Most people have been able to control it through private spraying&but the key is to do it at the right time.  Get lined up with those companies early on.
·       Online registration of motor vehicles is expected to be established some time next month. Along with that, the staff is also working to complete Chebeague Island registrations online and is the only community in the state at this time to do so.  The Manager added that Cumberland will be utilized as a proto-type for this service.
·       Next month, our Library Director, Thomas Bennett, will present a report on the Library.  
·       The Channel 2 sound system may be fixed. Mr. Shane explained that a piece of equipment was installed today at a cost of only $200 to monitor and fix this problem.  In addition, Time Warner has also provided background music to the Channel 2 slide show at no cost.
·       Harbormaster, Ted Curtis, will resign effective August 20, 2004.  The season will be completed with assistance from the Cumberland Police Department employees. Mr. Shane hopes to recruit a resident of Chebeague Island to fill the position beginning early April.

III.    PUBLIC DISCUSSION:

None

IV.     LEGISLATION AND POLICY:

Town Manager Shane opened the discussion by commenting that this item was also presented to the council last August. He explained that state law prohibits the expenditure of public funds on private roads and that this evening will be one of two informational meetings regarding this matter.  Mr. Shane stated that Town Attorney Kenneth Cole is also in attendance and available to respond to questions.

During the public hearing the following persons spoke:  
·       Bill Black of Lanewood Road, Margaret Kuss of Cumberland Meadows, Rob Lawler of Lanewood Road, Susan Bisbing of Spruce Lane, Robert Piampiano of Blanchard Road Extension, Bill Ward of Longwoods Road, Bill Nichols of Spruce Lane, Julie Restuccia of Island Pond Road, Spence Bisbing of Spruce Lane, John Lambert of Ocean Terrace, Kathy Sanders of Island Pond Road, Greg Poitras of Gayles Way, Linda Howard of Coveside Road, and Tom Hyndman of Ocean Terrace.

Issues discussed included:
·       Whether the real estate tax assessment value on homes on private ways has been computed based upon town services being afforded to those properties.  
·       The existing gentlemen"s agreement&that the pathway&would be upkept by the town and the plowing of our two circles would be provided by the town. We have a lot of people that can not afford the cost of paying for winter maintenance services.  
·       How it was determined in 1980 that the 17 roads in question have been plowed since 1988.
·       The 1980 letter from the AG that said you could not spend money on private roads because the expenditure of private funds to maintain a road not open to public use would violate constitutional principles regarding expenditure of public funds on private roads. So, the question is not whether its a private road, but whether the public has the right to access the road.  
·       Health and safety concerns of safe access to all roads, as well as fairness to residents in deciding who receives town maintenance.
·       Cory Road, which is basically commercial property with two residents on the road, and Longwoods Road where the public uses it 90% of the time entering and exiting the road for the businesses that are located on that road.
·       The impact on trash pickup on private roads as well as unplowed roads.
·       The standards to which private roads are constructed, often at a much lesser standard than public roads.
·       The process of notification to private road owners and residents prior to advertisement in the Forecaster.
·       The option of assessing a fee for the use of the public works equipment.
·       The option to create public easements, where a private road owner might bring their road up to certain standards in order to obtain winter maintenance.
·       The effect on postal service on unplowed, private roads.  

Town Attorney, Ken Cole was present to discuss the following issues:
·       The statutes that define a Public Road must be accepted by either the Town Council or the Selectman prior to 1972 and dedicated as actual town ways.  If its a public road, the municipality is obligated to keep it safe and convenient. That does not mean, however, that it needs to be paved, but must be safe and open.  
·       The termed private way which meant a privately owned strip of land over which there exists a strip of easement.  Currently, that is called a public easement, where the public does not own the land under the easement, but the public has the right to use it. The town may take care of it but is not obligated to.  
·       A private road usually starts out as a camp road which has since been developed into multiple driveways and a road. Technically in the instance of a true private road its owned by the people along it and there are no public rights at all.  What the AG said in 1980 and the Maine Supreme Court in 1989 is to spend money on those private ways was illegal to the extent that the public officers who did so may be personally liable, which is why at that time the easements, road maintenance, or various consent agreements were invented.  These protect the municipal officers by stating that there is in fact a public right in this road. The issue is, are you as the owners along the way willing to make it public?  And, is the council, on behalf of the public, willing to spend the tax dollars to keep the road open. In regards to the tax comments  the assessed value is based on comparative sales ratios. The fact that you live on a private road is already in your value, and technically youre already equalized.
·       In response to Councilor Moriartys question of a prescriptive obligation to continue service to the 12 roads specified in 1976, Mr. Cole said yes, arguably there is.  The fear is that if youve taken care of it for 40-100 years&you may have inherited the continuing obligation to keep taking care of it.  The only final determiner of that is the court somewhere.
·       The creation of a public easement, however does give the public the right to walk, bike, etc along what was previously a private road.  Also, if a public easement exists there is not a corresponding duty on the town to maintain the roads. For those residents along the roads who signed the easements in 1988, when the council has passed annual budgets, we have thereby accepted the easements.
·       In response to Councilor Kuntzs question, if there is no agreement on a private way, does the Town have a responsibility to enter into an agreement, Mr. Cole answered no. Its totally discretionary.  
·       In response to Councilor Damons question about access to the shore  if these roads go to the shore, how does this affect crossing properties to get to the shore for fishing, navigating, etc., Mr. Cole answered that technically the public owns between high and low. If the land is clearly a public easement, then the public can access it. They also have the right to cross undeveloped land to access public property.
·       That a number of towns require that multiple-owner roads form an association, which then takes the burden off the municipality to create an agreement every time the property turns over.  There is also the option of continuing consent.  There are various reasons used to boot strap the determinations, but it would be easier in the long run to have an association.

Councilor Savasuk requested that the Council determine a date for the next informational meeting. Councilor Moriarty asked that the status of the public easements be checked between now and the next meeting. Manager Shane agreed to post that information and did not have an issue with the date of the next meeting.  Councilor Kuntz asked also if any properties were sold and the new owners since 1988 may have not signed the agreements.  The Manager feels the responsibility should be on the owners of property.

Manager Shane stated that roads like Fern, Coveside and Ocean Terrace are built to higher standards. There would need to be a set of standards that all roads had to meet prior to considering a public easement.  Because, he stated, No two roads are equal.   A whole host of maintenance issues need to be considered as well.  Many roads would be acceptable in their state today, provided there is a public easement.  

Councilor Moriarty stated that we should identify and deal with those roads that are not capable of being safely plowed today. He believes that the Council should also determine those roads included in the lists of 12 and 17 that may not be plowed with respect to the Towns equipment. Manager Shane responded that the roads that are gravel would be 'brushed over. If tree trimming and that level of care is done, however, they would be ok.  There would also have to be an annual inspection conducted noticing the deficiencies needing correction prior to any winter maintenance.  

Councilor Storey stated that it was always his understanding that the roads would be at acceptable plowing condition before any roads are plowed.  The consensus of the Council is to have the next hearing at the first September meeting, September 13^th.  Councilor Savasuk asked that the Council approve the budget with increased road maintenance funds. Weve already approved the plowing & for the budget year.  Councilor Porter stated that he would prefer this be discussed at the August meeting.  Councilor Moriarty stated that he agrees with the August date.  The folks who cant make it will be given the chance to get to us between now and then.  Were wide open for comment between now and then.  Councilor Kuntz suggested August 23^rd.  Councilors Damon and Savasuk agreed.

Manager Shane introduced Beth Howe for an overview of the status of the Islands Committee in reviewing this issue.  Beth Howe stated that the Land Trust acquired the property with wide discussions regarding affordable housing.  People who gave money in part because there was this idea that part of the property might have affordable housing on it.    Mark Lapin, offered the services of his community development class for this project. The 12 students produced a report that detailed the age and income distribution of the year-round residents on Chebeague Island and the nature of their housing.  Is affordable housing needed to improve the fit between that which exists and the housing that would keep our community going?  The issue here is not only for those on the Island already, but also attracting new, and particularly younger, families.  The USM study suggests that there may be a need for affordable housing; median income of year-round residents is $31,000 compared to $67,000, which is less than half of the median of the mainland residents. Half of the Island residents have incomes lower than $32,000.  

Affordable housing programs vary, Federal programs require very low income and State programs allow for a higher income.  A household of three has a range of programs and eligibility from $25,000 to $67,000.  Were clearly fairly low in that distribution.  The demographic is also quite different from the mainland.  There are no head of households younger than 35 and a great many one person households with no children. 62% were two person households with no children  62% compared to 33% on the mainland.  The Island houses a lot of retired residents, both those that have always lived there and those who moved after retirement. There is also a disproportionate population of people who are older, only a few young single people.  The housing stock is all single family homes, owner occupied and not many homes for rent year-round.  For young families to buy or build housing on the Island, the cost and price is quite high.  The median price of houses sold between 1990 and 2003 was $155,700. Families with a median income of $32,000 cant afford a house that costs more than $125,000.  The price of housing has gone up significantly faster than the incomes have increased.  USM suggests that families and individuals who already live on the island may be in need of housing.

The next step for the Islands Committee is to follow the recommendations of the study and apply for a CDBG Planning Grant to allow a detailed market study of whether there is a need and a demand for affordable housing.  The application deadline is August 6^th and they are required to show that a public hearing was held along with a transcript of that hearing to the State.  They are willing to have the hearing on August 9^th, but the application timing is tight.  The Islands Committee has been meeting with the USM students since last fall and there are aspects of the application to which the town must respond.  We need to know beforehand what the situation is before we go ahead.  If the application is submitted in August, notification will be returned in September, and the study would not actually begin for another six months.  The CMIT is ready to hand over the money when the agreement over the easement is made.  

Councilor Damon stated that the property was closed on in October and she had extensive conversations with the former Town Manager regarding the funding.  She agrees that we need to know what it is were going to build before we build it.  Beth Howe stated that the single most valuable thing the town can contribute to this kind of project is the land. Councilor Damon also added that we need to identify who we poll and we should look at people who come from Chebeague Island and Greely, etc.  This is a very complicated issue&and I dont think we have the data we need. She quoted the median incomes that $32,188 was 04017, $104,000 was 04110, and $66,000 was 04021.  She suggested that a committee of the council should meet with two or three members of the land trust to work out some of the details.    

Councilor Porter stated that until recently the Council didnt have a document from which to work and is not able to determine how to divvy up this property. Councilor Moriarty also expressed concern that I voted for this because I thought the community was substantially further along than what Im hearing tonight.  Councilor Damon said the question is whats the best way to go&rental, a Habitat, single family homes?  Its the details, its not the big picture.   We did sell this on half conservation, half affordable housing. Councilor Storey stated that it was his intention that for $200,000, wed buy it even to sit on it.  Im in no great big hurry to sell it or develop it.  I have no problem applying for this grant; theres no strings attached.  It may give us some more ideas later on down the line.  

Councilor Storey moved to allow the Town Manager to apply for a grant application

Councilor Moriarty asked when the Island Committee is scheduled to meet again. Beth Howe responded, the second Tuesday of each month. Councilor Moriarty questioned whether any Councilors should attend the meeting to discuss plans for a survey.  

Councilor Storey moved to appoint Donna Damon and Steve Moriarty along with Town Manager Shane to a subcommittee to continue working on this issue;

Councilor Moriarty said its broader than affordable housing; were measuring all types of demand, not exclusively affordable.   We need to determine the dividing boundaries, and the Towns use of the dividing part.  This committee will bring back some ideas to the Council.  Chairman Stiles would like to see at least half of the land divided to recoup at least half of the Towns expenditure.  

Councilor Porter moved to table the item until the next meeting

Councilor Porter stated that he, Councilor Moriarty and Councilor Kuntz interviewed a number of candidates and recommend the following: Mark Robinson, Glenn Hutchins, John Eldredge, Peter Gordon, Jon Seamans, and John Andrews. He also commented that other interested residents could contact the Town for more information.

Councilor Moriarty will schedule a meeting with new and older committee members and notify Councilors Savasuk and Porter.

Manager Shane recommended a tax rate of $19.20.  This represents a 6.9% increase overall; 4.9% on the school and 2.0% on the town.

Manager Shane recommended a 6.5% interest rate to be charged on delinquent sewer fees and real and personal property taxes, which is the maximum allowable rate.

Councilor Porter moved to authorize the application of real estate tax payments to the oldest unpaid tax

Manager Shane recommended a 2.5% interest rate to be paid on overpayment of real estate taxes.

Councilor Storey seconded
VOTE:    UNANIMOUS 7-0

Councilor Kuntz moved to authorize the Town Manager to borrow $2million in Tax Anticipation Notes
Councilor Moriarty seconded
VOTE: UNANIMOUS 7-0

Manager Shane stated that he hopes to build a fund balance over the next few years to avoid the need to borrow during the year. Manager Shane stated that the Finance Director, Melody Main, is recommending Peoples Bank for the bid at a cost of approximately $37,000.

Manager Shane stated that we are in the process of working on a contract with the Town of Yarmouth to share a Code Enforcement Officer.  That person would be supplemented by our part time employees for inspections, etc. This cost savings is approximately $30,000 to each community and he does not expect the sharing to reduce services to residents.

Councilor Damon asked to clarify that each town would save $30,000 rather than each saving $15,000, totaling $30,000 savings. Manager Shane answered that each town will be saving approximately $30,000. Councilor Damon also inquired about the flexibility of the Code Enforcement Officer to which Mr. Shane answered that the CEO would be in Cumberland Offices 10 hours on Tuesday and 10 hours on Thursday. He added that he also hopes to secure a Chebeague Island resident to assist with inspection duties.

Councilor Moriarty asked about paragraph three of the contract regarding liability insurance. He suggested to Manager Shane that the contract address workers compensation insurance in this section.  Councilor Moriarty also asked about the administrative fee mentioned in attachment A. Mr. Shane answered that the fee is the same as that in the assessors contract and it covers things like administering payroll, and other administrative contractual issues. Manager Shane added that he will speak with Town Attorney, Ken Cole regarding the contractual nature of this position.   Councilor Damon also wondered who would be responsible for the evaluation of the Code Enforcement Officer if the position is being shared between two towns. Manager Shane stated that we have included provisions in the contract to terminate the agreement with a certain amount of notice. He continued by saying that Bill Longley, the Code Enforcement Officer, is very thorough and fair and the Council will be very pleased with his work.


Councilor Porter moved to authorize a contract with the Town of Yarmouth to share Code Enforcement Officer services
Councilor Savasuk seconded
VOTE: UNANIMOUS 7-0

        This donation was given to the Police Department by the Gorman family.

Councilor Moriarty moved to accept the donation
Councilor Porter seconded
VOTE:    UNANIMOUS 7-0
               
Councilor Damon stated that this donation seems like a fee for service. She wants to make sure people dont feel that they have to pay the police department for watching their homes. It was assured that theyll get the same service either way.


V.      NEW BUSINESS:


Councilor Savasuk  none
Councilor Damon  The Chebeague Island Cemetery looks the best its ever looked.  She received a request from CTC to find out if METRO was planning to extend their service beyond Falmouth.  Would they stop at the Route One parking lot?  The Chebeague Island Museum is now open. She also raised the issue of how to develop a program for affordable travel to Chebeague Island from the Mainland to take advantage of the public beaches and facilities available to the public on the Island.  
Councilor Storey  none
Councilor Kuntz  none
Chairman Stiles  asked for an explanation on the Time Trials.  The bicyclist group met with Police Chief, Joe Charron, and Town Clerk, Nadeen Daniels, regarding bicycle riders. They ride single file  they dont occupy the road, they ride with traffic.  We appreciated them letting us know but there was no permit required.  
Councilor Moriarty  questioned if there would be a workshop held on Thursday with the SWAC to discuss the PAYT program.  Are we going to discuss the second July meeting?  The Town Manager is on vacation during that meeting and at the moment there isnt much for the agenda.  Bill Shane said we really need to think about what has to change in how we do business  the solid waste has been an equity issue for many in town.  We need to discuss if we implement it, when we implement it and all the iterations of such a consideration. Its a big ticket item.    
Councilor Porter  stated that if it is the will of the citizens to cut our spending by 50%, its his position to honor that.  Where do we get that money? Councilor Damon feels that we should try to put pressure or encourage the State.   She also feels it should be looked at as a state wide issue at the state level.  The Governor and the Legislature are not acting on the recent referendum and we need to encourage them to do that.  If they could do that before November, we would not have to worry about Palesky.  
Manager Shane  reported that the Council Chairman will meet with the SAD leadership to discuss the effects on the school from the tax impact in November. Also, the start of the high school football season is 35 days from today!   The West Cumberland field is coming along very well and will hopefully ready to be planted this September and the fields on Greely Road are also doing very well.

The Chairman and the Town Manager will meet and decide to forgo the second meeting in July if there is nothing of great importance to discuss.


VI.     ADJOURN:

VII.    EXECUTIVE SESSION  MRSA TITLE 1, Section 405 (6)(A) re: Personnel matter.

Motion to return from Executive Session by Councilor Kuntz
Seconded by Councilor Storey
VOTE: UNANIMOUS 7-0

Motion to adjourn by Councilor Porter
Seconded by Councilor Moriarty
VOTE: UNANIMOUS 7-0
TIME: 10:40 pm




Respectfully Submitted


Nadeen Daniels, CMC