Town Council Minutes 11/24/2003

MINUTES
                                     Cumberland Town Council Meeting
                                   MONDAY, NOVEMBER 24, 2003


CALL TO ORDER at 7:00 p.m.
Attendance:  Chairman Porter, Councilors Savasuk, Damon, Storey, Kuntz, Moriarty and Stiles present.

I.      APPROVAL OF MINUTES:

        Motion by Councilor Stiles to approve the minutes as amended;
        Seconded by Councilor Moriarty.
        VOTE:         PASSAGE 6-0-1 (Councilor Savasuk abstained)

II.     MANAGER'S REPORT:

        Manager Shane was notified by Police Chief Charron that a Penobscot County Jail inmate was released to Cumberland after having served a sentence for unlawful sexual contact with a minor under the age of fourteen.  A community meeting regarding this issue will be held at Town Hall on Tuesday, December 2, 2003 at 7:00 p.m.  Greely Road paving is complete, and the "speed bump at the railroad track will be ground down next week.  Speed limits on Route 100 have been lowered to 40 and 35 mph.  The auditors will present their annual report at the council"s next meeting.  Prock Marine has begun work on Chebeague Island.  Reminder to citizens regarding various board and committee openings.

 III.   PUBLIC DISCUSSION:

IV.     LEGISLATION AND POLICY:

03 - 118.       To hear annual report from Cumberland Town Assessor Bill Healey.

        Assessor Healey presented the council with information regarding property sales transactions transpired between 4/01/02 and 8/01/03.  His analysis identified a town-wide post revaluation average ratio of 80 percent, with distinct area ratios at: Cumberland Center - 81 percent, Chebeague Island - 69 percent, Cumberland Foreside - 85 percent, and West Cumberland - 77 percent.  The assessment ratio is determined by dividing the assessment by the sales price.  When the revaluation was complete, the target was one hundred percent of market.  The Town of Cumberland and the county in general have seen annual appreciation of about sixteen percent.  The average deviation which is how far away from the average ratio we are in our sales data is at twelve percent.  Assessor Healey strives to mail to each homeowner a copy of their individual property cards in order to definitively determine the accuracy of some of the detailed data.
  



        Councilor Damon believes the distribution of the property cards to residents is a great idea and suggested the correspondence from the Assessor also contain a request for property owners to review their individual property description and lot size.  

        Councilor Moriarty questioned what the percentages represent in terms of any decision you may be forced to make.  We could conceivably be below 70 percent next year responded Mr. Healey, and that would ordinarily trigger an assessment.  A quality rating under 20 percent means we have uniformity in assessment.  Theres no area paying a higher portion of the tax burden than need be.  Hopefully, that will continue to be the case.  Councilor Moriarty asked if a regional effort is being considered with regard to prospective revaluation efforts.  Assessor Healey noted Yarmouth and Falmouth have completed revaluations this year and Freeport and Cumberland performed a recent revaluation concurrently. However, the assessors have held discussions around joint revaluations to try to save the towns some money.  Other than preliminary discussions, we really havent gotten beyond that.  Chairman Porter inquired whether there is any indication property values are going in the opposite direction or stabilized.  What Ive seen are fairly constant increases every month responded Mr. Healey, noting roughly a percent and a half a month appreciation.  

03 - 119.       To establish and appoint members to the Rines Property Committee.
        
        Manager Shane articulated the charge for the committee as follows:  The Cumberland Town Council hereby establishes the Rines Property Citizens Advisory Committee for purposes of making recommendations and providing guidance to the Cumberland Town Council regarding the use, improvement, and preservation of the Rines Property.  Such recommendations shall include, but shall not be limited to, the following:  Exploration of opportunities for passive recreation; Conservation of the property and preservation of existing habitat; establishment of accepted forestry management practices; and maintenance of hunting and fishing activities.  The members of the Advisory Committee shall be appointed for three year terms, although initial members shall be appointed for staggered terms of 1, 2 and 3 years.  The Committee may report and make recommendations to the Town Council on an interim basis at its discretion or at the Councils request, but must submit an annual report to be received and considered by the Town Council at its first regular business meeting each December.

        Chairman Porter stated the town was fortunate to receive interest from many highly-qualified residents, and recommends the following staggered appointments:  Tom Hinman, 2005; Henry Milburn, 2004; Bob Heyner, 2005; Victor Otley, 2004; Bob Waterhouse, 2005; Jennifer West, 2006; Jeff Steinman, 2006; Lisa Judd, 2005; Sally Stockwell, 2006; and Bill Richards, 2004.   Additionally, Councilors Moriarty and Stiles and Chairman Porter expressed interest in serving on the committee ex-officio.  

        Motion by Councilor Moriarty to adopt the charge;
        Seconded by Councilor Damon.
        VOTE:         UNANIMOUS 7-0



        
        Motion by Councilor Storey to appoint the members as read;
        Seconded by Councilor Kuntz.
        VOTE:         UNANIMOUS 7-0

        Motion by Councilor Kuntz to set a public hearing date of December 22, 203;
        Seconded by Councilor Damon.
        VOTE:         UNANIMOUS 7-0

        Manager Shane explained a small portion of the course at the back nine encroaches upon the property line between Val Halla and two private properties.  This item represents the first of two easement deeds to allow the continued use of the existing course as currently laid out.  The easements shall be tied to the property; however, the benefit the current owners have runs concurrent with property ownership.

        Motion by Councilor Damon to authorize the Town Manager to execute the easement deed between the town and the Ingrahams for perpetual right and easements across property for
        Purposes of the continued location of a fairway at Val Halla Golf Course;
        Seconded by Councilor Kuntz.
        VOTE:         UNANIMOUS 7-0

03 - 122.       To receive an inventory of town-owned land or property and forward
               for review.

        The council received a complete listing of town-owned property exclusive of tax-acquired property. The Town Manager requested the council establish a sub-committee to review the list in depth, in consultation with him and the assessor, in order to consider future tax implications

        Chairman Porter suggested councilors consider a personal tour of these properties in order to see how they interact with other town-owned property, school property, trust lands, and/or tree growth/farmland property. Councilor Moriarty concurred with the concept of a tour, suggesting the council can then loop folks in as it becomes more specific and some of our thoughts begin to crystallize a little bit.  

        No formal action taken on this item.

        Manager Shane believes the overuse of the Twin Brook facilities has taxed the fields to a point where we have to do something comprehensive&and with a plan in mind.  It has been the Field of Dreams - we built it and they all came.  He requested the immediate appointment of this committee so valuable time is not lost between now and April, at which time the committee will present recommendations to the Town Council.  

        The charge of the committee is as follows:  BE IT ORDERED, that a Twin Brook Advisory Committee (The Committee) is hereby established in order to recommend measures which will help protect the Twin Brook Recreation Facility and assist the Town Council in developing usage and maintenance policies for the entire facility, including but not limited to parking, maintenance, inclement weather usage, trail maintenance, and an equitable user fee structure.  The Committee shall be appointed for six months and shall conclude with a written report containing recommendations to the Cumberland Town Council.  In March of 2004, the Committee shall provide the Town Council with an interim report.  
                                    

        Chairman Porter explained that every attempt was made to include all categories of users and suggested the addition of a senior citizen representative be considered.  Councilor Stiles requested a representative from the horse riders group and Councilor Kuntz recommended Melanie Vosine.  Councilor Storey recommended the addition of Glenn Hutchins, an original member of the Twin Brooks committee.

        Motion by Councilor Moriarty to approve the draft charge;
        Seconded by Councilor Damon.
        VOTE:         UNANIMOUS 7-0

        Seconded by Councilor Storey.
        VOTE:         UNANIMOUS 7-0

03 - 124.       To set date for public hearing to consider and act on the renewal Golf Club/
               Restaurant Liquor License and Special Amusement Permit for Val Halla
               Country Club for the period January 2004 through January 2005.

        Councilor Stiles requested Val Halla submit an itinerary to the town whenever functions occur on the premises so we can be aware&and the police can take notice of the additional traffic on that road.  Residents have expressed traffic concerns especially when alcohol is being served expressed Manager Shane.  He suggested a list of events could be prepared on a weekly basis to forward to the police department.

        Motion by Councilor Moriarty to set a public hearing date of December 8, 2003;
        Seconded by Councilor Stiles.
        VOTE:         UNANIMOUS 7-0

V.      NEW BUSINESS:
        
Councilor Savasuk - received a complaint regarding the condition of the railroad crossing at Tuttle Road.  
Councilor Damon - thanked the town on behalf of the Chebeague Historical Society for the societys ability to piggyback off the towns island paving operations; Police Chief correspondence re: Main Street traffic was a very good letter; requested signage re: parking restrictions on the island wharf from November through June; schools production of Oklahoma was a smashing success.
Councilor Storey - speed bumps are not the answer to speeding issues because the faster you go over them, the less you feel them.
Councilor Kuntz - none
Chairman Porter - also thanked the Police Chief for his Main Street letter; visited the Town Forest this weekend and spoke with the Manager re: clean up and harvesting plan; excellent article re: the RWS issue.
Councilor Moriarty - none
Councilor Stiles - a Val Halla neighborhood meeting was held recently where residents voiced concerns around traffic issues  a second meeting will be held in January; a recent five-town regional meeting was held with great attendance and reviews; received a correspondence re: towns impact fees.
Manager Shane - Reviewed the council meeting schedule for the next two months and requested we stay on track with this schedule.

VI.     EXECUTIVE SESSION re: land and personnel matters.

        Motion by Councilor Stiles to move into Executive Session to discuss land and
        personnel matters;
        Seconded by Councilor Moriarty.
        VOTE:         UNANIMOUS 7-0
        TIME:         9:38 p.m.






        At this time a request was made by Bob Vail, 177 Main Street, to serve on the         Committee.

        Motion by Councilor Stiles to add Bob Vail to the committee roster;
        Seconded by Councilor Storey.
        VOTE:         UNANIMOUS

        Motion by Councilor Moriarty to return from Executive Session;
        Seconded by Councilor Stiles.
        VOTE:         UNANIMOUS 7-0
        TIME:         10:13 p.m.


        Motion by Councilor Stiles to adjourn;
        Seconded by Councilor Storey.
        VOTE:         UNANIMOUS 7-0
        TIME:         10:14p.m.









Respectfully submitted,
Nadeen Daniels, CMC
Town Clerk