Town Council Minutes 1-10-2005

MINUTES

I.    APPROVAL OF MINUTES
a)      December 27, 2004

Councilor Porter moved, seconded by Councilor Moriarty, to approve the minutes as presented.
VOTE:     UNANIMOUS

II.  MANAGER'S REPORT

Greely Middle School Students  recycling update.
  Town Manager Shane reported the presentation has been postponed until February.  The water
  damage at Prince Memorial has been determined to be in excess of $20,000. We are in the
  process of installing temperature alarms on the first floor.
men

III.  PUBLIC DISCUSSION

Phil Clifford spoke on behalf of the Cumberland Farmers Market to extend thanks for the council"s support last year, a year he described as "a growing year.  We saw a lot of new faces along with the regulars.  With the town councils assistance, they were able to hire a public relations officer.  Mr. Clifford is stepping down as President this year, and will be replaced by Roxanne McGee.  The market intends to request financial support from the town again in this years budget cycle.

IV.    LEGISLATION AND POLICY

05-001. To consider and act on a Right of First Refusal for the Curit property.

Councilor Moriarty explained a Conservation Easement was approved at the last town council meeting with respect to the lower portion of the property.  Weve been considering various drafts to acquire a similar conservation easement on the upper 6.2 acreage parcel.  The Right of First Refusal extends for five years, with the right to create house lots in the upper portion, at an affordable or market rate as we may determine. The Right of First Refusal can only be triggered by the towns desire to extend that right to the trust, in writing, and the trust has one year to raise the money to purchase the easement.  If the trust acquires a conservation easement in the upper portion, it will be along the identical terms and conditions we used for the waterfront portion.  At the end of five years the town can extend or renew the right of first refusal.

Councilor Storey expressed a concern with the sale of the property at $100,000, stating he felt it should instead be sold at its highest and best price. Nobody knows what land values are going to be ten years down the road.  I would rather the town own it and sit on it rather than have a dollar figure.  Chairman Stiles expressed similar reservations, noting you tie the hands of anybody else for what they might want to do.  However, councilors Damon and Moriarty felt the opposite, explaining the property was bought for less than fair market value two and a half years ago so we could in turn pursue affordable housing and preservation of open space.  Councilor Damon views this as a moral issue.  It doesnt seem fair, considering its a partnership, to charge more money.  This would not have happened if the Trust had not been involved and we were able to sell it as a partnership.

Town Manager Shane added that the soils on the property may be gravelly and usable for road materials. He has asked the Department of Public Works to conduct an evaluation of the area in order to determine by spring whether the property can be developed. If the raw material is on that site, than that moves the project forward.

Rob Crawford, CMIT President, stated the vision was to make sure if the town was not interested, we could put it in a holding pattern or put in place the original partnership.  We were initially thinking about buying the entire parcel, but it made more sense to create the opportunity to raise the money to keep the upper portion in conservation for the best interests of the community and town.

Motion by Councilor Porter, seconded by Councilor Damon, to authorize the Town Manager to execute a Right of First Refusal and Easement Option Agreement with the Cumberland Mainland Islands Trust, Inc. related to property known as the Curit property, Chebeague Island.
VOTE:          5-2 (Councilors Stiles and Storey)

05-002. To consider and act on an amendment to the Order Establishing the Val Halla Golf and Recreation Center.

The Town Manager explained the revisions were discussed by the council in workshop recently.  The Order was originally created in 1997 and updated in the early 1990s.  Rick Doane, Chair of the Board of Trustees was present to respond to questions.  Councilor Porter noted the recreational value of the facility, calling it a great resource.  Councilor Moriarty requested the original order be amended as appropriate, rather than substituted with a new document.

Councilor Porter moved, seconded by Councilor Damon, to adopt the proposed amendments to the Order Establishing the Val Halla Golf & Recreation Center Board of Trustees.
VOTE:          UNANIMOUS

05-003.  To set date for public hearing re: addition of Section 7, Hours of Use, Chandlers Cove property, Chebeague Island, to Cumberlands Ordinance Relating to Roads and Town Owned Property.

05-004.  To set date for public hearing re: addition of Article 18, Golf Cart Use on Chebeague Island, to the Cumberland Traffic Ordinance.


05-005.  To set date for public hearing re: Chebeague Island Inn Off-Premise and Class XI Liquor Licenses.

Motion by Councilor Kuntz, and seconded by Councilor Kuntz, to set a public hearing date of January 24, 2005 for items 3, 4 and 5.
VOTE:          PASSAGE 7-0

05-006.  To set dates for public hearings re: pay-as-you-throw program.

Town Manager Shane noted the towns solid waste budget is three times the size of our Library budget at nearly a million dollars&and growing fast.  He believes its time to get the publics input on the pay-as-you-throw program.  We need to make a decision, requesting public hearing dates be set for January 24, 2005 on Chebeague Island and two subsequent meetings in February and March on the mainland.  Councilor Moriarty recommended a council workshop in advance of the public hearings.  A workshop was determined to be held on Wednesday, January 19, 2005 at 5:00 p.m. at Val Halla, prior to the Regionalization Retreat.

Councilor Porter moved, and Councilor Damon seconded, to set January 24, 2005, February 28, 2005 and March 14, 2005, if needed, as public hearings dates to consider a pay-as-you-throw program.
VOTE:          UNANIMOUS

05-007.  Board and Committee appointments for 2005.

Councilor Porter explained the Nominating Committee met Tuesday evening, January 4, 2005 and interviewed a dozen candidates.  As a result, the committee wishes to forward the following nominations:

       Board/Committee                                    Name
Bd of Adjustments & Appeals                    Andrew Black
                                                                    Adrian Kendall
                                                                    Matthew Manahan

Bd of Assessment Review                          Robert Crawford
              
Bd of Sewer Appeals                                  Donald McKenna, Jr.
                                                                    Michael Holmes
                                                                    Don Miller

Housing Authority                                      W. Scott Fox
                                                                    Susan Larrabee (assoc. mbr)

Planning Board                                           William Ward
                                                                    Thomas Powers
                                                                    Bill Richards

Rines Property                                            Henry Milburn
                                                                    Victor Otley
                                                                    William Richards

Val Halla Board of Trustees                       Mark Stauber

                                                          
Motion by Councilor Porter, seconded by Councilor Moriarty, to appoint the board and committee members as nominated by the Nominating Committee.
VOTE:          UNANIMOUS

05-008. To hear report from the Town Manager re: Regional Dispatch Services.

Manager Shane explained he has worked with Yarmouth over the last several months regarding consolidation of dispatch services.  Both communities are now fast approaching the need to add one more person to a shift.  By combining our resources, we could probably hold steady with 7 to 8 in the near future.  He sought authorization to submit a grant application to the state to fund $200,000 for the purchase of terminal hardware and software, installation of vehicle locators in
Police and rescue units in order to dispatch the closest unit to a call.  On an optimistic time frame, this could be implemented as early as July 1, but realistically it will probably be closer to the fall.  The Manager also suggested public hearings be held in January and February.
In response to questions posed by the council, the Manager replied that the council must accept any grant monies at a public meeting; the $200,000 is split equally among both Yarmouth and Cumberland; there are no matching funds required; and the application will be a joint application.

Motion by Councilor Moriarty, seconded by Councilor Kuntz, to submit a grant application to the state.
VOTE:          UNANIMOUS 6-0-1 (Councilor Porter recused himself due to his involvement
                                                           with the grant committee)

Motion by Councilor Moriarty, seconded by Councilor Kuntz, to include as an item a discussion of this application and desire to receive public input at the 1-24-05 Chebeague Island meeting.
VOTE:          UNANIMOUS 7-0

05-009. To consider and act on building permit and application fees.

The Town Manager distributed a fee comparison showing various building and electrical fees among neighboring communities and recommended we advertise these on the web site.  The town has not received much feedback up to now and he recommended a public hearing date in early March.
VOTE:         UNANIMOUS 7-0

V.  EXECUTIVE SESSION re: real property pursuant to MRSA, Title 1, Section 405(6)(c)

Councilor Porter moved, seconded by Councilor Kuntz, to go into Executive Session, pursuant to MRSA, Title 1, Section 405(6)(c), to discuss real property and economic development.
VOTE:            UNANIMOUS
TIME:             8:15 p.m.

Councilor Porter moved, seconded by Councilor Kuntz, to return from Executive Session.
VOTE:            UNANIMOUS
TIME:              9:10 p.m.

Councilor Kuntz moved, seconded by Councilor Storey to adjourn.
VOTE:            UNANIMOUS
TIME:             9:10 p.m.

Respectfully submitted,
Nadeen M. Daniels, CMC
Town Clerk