Town of Cumberland, Maine - Town Council Minutes 7/22/2002

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Town Council Minutes 7/22/2002

TOWN OF CUMBERLAND
MEETING MINUTES OF THE TOWN COUNCIL
JULY 22, 2002

Present:        Jeffrey Porter, Stephen Moriarty, William Stiles, Mark Kuntz, Harland Storey, Donna Damon &
        Michael Savasuk

I.      Call to Order
        The meeting was called to order by Chairman Porter in the Council Chambers at

Cumberland Town Hall at 7:05 PM.

II. Approval of Minutes
a) July 8, 2002

Councilor Storey moved to adopt the July 8, 2002 minutes as written.

        Seconded by Councilor Damon.

III.    Manager's Report
        None

IV.     Public Discussion
        None

V.      Legislation and Policy

02-76. To hear report of the Property Revaluation Update Advisory Committee.

Property Revaluation Update Advisory Committee Chairman Jeffrey Daigle reported
that the Committee was appointed on February 25, 2002. There were 11 members who

attended regularly "to assist the professionals to insure that the revaluation process is as
equitable and accurate as possible, and, to promote greater public awareness of the nature
of the process via your involvement."
The Committee met 10 times between early March and mid July, recognizing immediately
the existence of mistaken public perception about the revaluation process. The committee
was not unanimous in its conclusion.
The 2002 Revaluation Update Advisory Committee is satisfied with the conclusion by
Town Assessor, William Healey, that the Revaluation is accurate within the parameters
required by State law, and, with generally accepted, professional appraisal practice.
The Committee will be submitting a final report with the Town Assessor during their
last meeting.

Chairman Daigle and Committee member Joseph Madore answered questions from the
Town Council and the audience about the meetings of the Revaluation Committee.

Councilor Moriarty moved that the Town Council express its thanks to the members
of the 2002 Revaluation Update Advisory Committee for their dedication, courage, hard
work, and their commitment to public service.

Seconded by Councilor Stiles.

VOTE: UNANIMOUS (7)

02-77.  To accept 2002 revaluation as submitted by Vision Appraisal Technology, subject
               to further adjustment and modification as found necessary by the Town Assessor.



               Councilor Moriarty stated that a process was available under the Town Ordinances and
               State Statues for property owners who did not have their concerns addressed by the Town
               Assessor. Property owners have 185 days to point out mistakes on their assessments.

               Councilor Damon asked if 1 sale on Chebeague can be used to set value on the waterfront
               on Chebeague Island.

               Town Attorney Kenneth Cole replied that the law does allow it. But he reminded the
               Town Council is not accepting the revaluation, but deciding whether the contract with
               Vision Appraisal Technology has been fulfilled. The Town Assessor will make the
               decision of whether the revaluation has been done correctly.

               Dave Ledew, Supervisor of Municipal Services, Property Tax Division, Maine Revenue
               Services, explained that Maine is a very diverse state. There are about a dozen counties
               which have unorganized territories in which his office is required to do a State valuation
               each year. He stated that there are about 25 to 35 municipalities in the State in which
               there are 6 sales or less annually. And whenever there is not a minimum sampling, which
               is a minimum sampling of 12 sales, than the sales period is expanded by 6 months, 3
               months either way, and if they still don't have a minimum sampling, the sales period is
               expanded to a full 12 months.

               Councilor Damon inquired what if there are not any sales for 12 months, or 24 months.

               Mr. Ledew stated that they would do appraisals.

               Councilor Damon asked if it would be of all pieces of properties within those territories?

               Mr. Ledew stated that they would do a minimum of 12, which are chosen at the discretion
               of the appraisers.

               Chairman Porter opened the Public Discussion at 9:10 PM.

               Several residents of Chebeague Island and Cumberland stated their concerns about the
               revaluation has mistakes and asked the Town Council not to approve the contract with
               Vision Appraisal Technology.

Councilor Porter closed the Public Discussion at 11:14 PM.

Councilor Moriarty moved to provisionally accept 2002 revaluation as submitted by
Vision Appraisal Technology, subject to further adjustment and modification
as found necessary by the Town Assessor, subject further to the completion of a
visual exterior inspection of properties by Vision Appraisal Technology with the
property tax data card in hand on Chebeague Island and such other areas as may be
necessary.

Seconded by Councilor Stiles

VOTE: IN FAVOR: (5)
OPPOSED: (2) Damon, Storey

Councilor Porter requested a recess at 11:15 PM.

Councilor Porter call the meeting to order at 11:22 PM.

02-78.  To set tax rate for FY 2002-03.

               Town Manager Robert Benson recommended a tax rate of 17.15 per thousand dollars.

               Councilor Kuntz moved to set the tax rate for FY 2002-03 at 17.15 per thousand dollars.

               Councilor Moriarty seconded.

               VOTE:  UNANIMOUS (7)

02-79.  To set interest rate to be charged on delinquent 2002 real and personal property taxes.

               Mr. Benson recommended 8.75%.

               Councilor Stiles moved to set interest rate to be charged on delinquent real and
               personal property taxes at 8.75%.

               Seconded by Councilor Kuntz.

               VOTE:  UNANIMOUS (7)

02-80.  To authorize application of real estate tax payments to the oldest unpaid tax.

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

               Seconded by Councilor Moriarty.

               VOTE:  UNANIMOUS (7)

02-81.  To set rate at which interest will be paid on overpayment of real estate taxes.

               Mr. Benson recommended an interest rate of 4.75%.

               Councilor Storey moved to set rate at which interest will be paid on overpayment of
               real estates taxes at 4.75%.

               Seconded by Councilor Kuntz.

               VOTE:  UNANIMOUS (7)

02-82.  To consider and act on application of Chebeague Island Community Center for a
               Bottle Club Liquor License.

               Mr. Benson recommended granting the Bottle Club Liquor License.

               Councilor Storey moved to approve the application of Chebeague Island Community
               Center for a Bottle Club Liquor License.

               Seconded by Councilor Moriarty.

               VOTE:  IN FAVOR (6)
                      OPPOSED   (1)  Kuntz

02-83.  To consider and act on a Special Amusement Permit application for Chebeague Island
               Community Center.

               Mr. Benson recommended approving the application.

               Councilor Kuntz moved to approve the Special Amusement Permit application for
               Chebeague Island Community Center.

               Councilor Moriarty seconded.

               VOTE:  UNANIMOUS (7)

02-84.  To set date for Public Hearing to consider and act on application for a Mass Gathering
               Permit by the Cumberland Soccer Club to hold the CSC Labor Day Soccer Tournament
               at Twin Brook, August 31st and September 1st, 2002.

               Mr. Benson recommended a date of August 12, 2002.

               Councilor Storey moved to set date for Public Hearing to consider and act a Mass
               Gathering permit by the Cumberland Soccer Club to hold the CSC Labor Day Tourna-
               ment at Twin Brook, August 31st, and September 1st, 2002, on August 12, 2002.

               Seconded by Councilor Kuntz.

               VOTE:  UNANIMOUS (7)

        02-85. To set date for mainland information public meeting with State Senator Karl Turner and
               State Rep. Terrence McKenney regarding property tax issues and possibilities for
               legislative reform or revision.

               Mr. Benson recommended a date of August 7, 2002 at 7:30 PM.

               Councilor Moriarty moved to set date for information public meeting with State Senator
               Karl Turner and State Rep. Terrence McKenney regarding property tax issued and
               possibilities for legislative reform and revision, as August 7, 2002.

               Councilor Damon seconded.

               VOTE:  UNANIMOUS (7)

        02-86. To set date for workshop with the Stone Wharf Committee.

               Mr. Benson recommended setting a date of July 31, 2002 at 7:00 PM.

               Councilor Moriarty moved to set date for workshop with the Stone Wharf Committee
               on July 31, 2002 at 7:00 PM.

        02-87. To consider and act upon victualer licenses for United Maine Craftsmen Fair, August
               8 through August 11, 2002.

               Mr. Benson recommended approving the victualer licenses.

               Councilor Storey moved to approve the victualer licenses for United Maine Craftsmen
               Fair, August 8 through August 11, 2002 to be held at Cumberland Fairgrounds.

               Councilor Stiles seconded.

               VOTE:  UNANIMOUS (7)

        02-88. To hear request of Richard M. Jensen for a zone change to the Local Business District
               (LB).

               Mr. Benson referred to the letter from Mr. Jensen requesting a zone change permitting
               2 family duplexes be allowed with a minimum requirement of 20,000 square feet of
               lot size per family be added as a Special Exception.

Mr. Benson recommending that the Town Council refer the request of Mr. Jensen to the
Cumberland Planning Board.

               Councilor Kuntz moved to refer the request of Richard M. Jensen for a zone change to
               the Local Business District (LB) to the Cumberland Planning Board.

               Seconded by Councilor Storey.

               VOTE:  UNANIMOUS (7)

        02-89. Nominating Committee appointment(s).

               Chairman Porter stated that Councilors Kuntz, Harland & Porter have not had a
               chance to meet with the candidates, and requested this agenda item be tabled.

               Councilor Kuntz moved to table the Nominating Committee appointments.

               Seconded by Councilor Stiles.

               VOTE:  UNANIMOUS (7)

        VI.    Correspondence.

Councilor Damon:
Stated that Cheryl Stevens had requested that the Chebeague Island Subcommittee of
the Revaluation Committee report be attached to the Property Revaluation Update Advisory
Committee report.

               Several residents had called her with issues on paper streets.

               Councilor Porter:
               He had received 28 calls in reference to the revaluation process.
               Letter from Foreside resident in reference to a problem with the revaluation on their
               property. Town Assessor Bill Healey had addressed the problem.
               Editorial by John Cole in Forecaster.
               Article in Sunday Telegram on revaluation.

               Councilor Moriarty:
               Draft of letter to Robert Crawford, Land Trust Committee, regarding the proposed use
               of the Gosselin property on Chebeague Island.

               Councilor Stiles:
               E-Mail reference to Chebeague Island revaluation.

        VII.   New Business

Mr. Benson requested the Island Calendar include that the Town Council will be

               holding a meeting on Chebeague Island on August 26, 2002.

               Councilor Porter:
               Subdivision Ordinance requirement that there be sidewalks in subdivisions.

               Councilor Damon:
               Fourth float at Stone Wharf is in place.
               Applied for $50,000 grant on behalf of the Land Trust.

        VII.   Adjourn

               Councilor Stiles moved to adjourn the meeting at 12:00 AM.

               Seconded by Councilor Kuntz.

               VOTE:  UNANIMOUS (7)

        Respectfully submitted,

        Deborah Flanigan, Deputy Town Clerk