Town Council Minutes 1/13/2003
TOWN OF CUMBERLAND
MINUTES OF THE TOWN COUNCIL
JANUARY 13, 2003
I. Call to Order in the Council Chambers at Cumberland Town Hall at 7:00 p.m.
Members present: Chairman Porter, Councilors Kuntz, Savasuk, Moriarty, Damon, Storey, and Stiles.
II. APPROVAL OF MINUTES:
a) December 9, 2002; b) December 16, 2002; c) December 30, 2002;
d) January 4, 2003; e) January 7, 2003.
Motion by Councilor Storey to approve the December 9, 2002 minutes as presented:
Seconded by Councilor Moriarty.
VOTE: UNANIMOUS 6-0-1 (Councilor Kuntz abstained)
Motion by Councilor Storey to approve all other minutes as presented;
Seconded by Councilor Moriarty.
VOTE: UNANIMOUS 7-0
III. MANAGER'S REPORT:
Town Manger Robert Benson commended the Public Works crew for their commendable efforts during the recent storms. Chairman Porter supported the acknowledgement, saying "they have done a remarkable job.
IV. PUBLIC DISCUSSION:
None
V. LEGISLATION AND POLICY:
03 - 001. To hear report from Richard Bradbury, Maine Forest Service, regarding brown tail moth infestation.
Dick Bradbury, Maine Forest Service, reported that the completed winter survey
unfortunately shows that the infestation has spread over the entire town. Spray
efforts have circumvented any overall population control. Folks are not getting an
equitable treatment for the money, and a number get dropped out even though
they want to be included in it. He recommended against an aerial spray this year and encouraged the council to redirect efforts into a stronger educational component.
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Councilor Damon questioned the difference between this and last year
and Mr. Bradbury explained the bugs have moved so far inland now & the only area I can treat effectively now is the coastal area. As people opt out of the
program, several fairly large blocks are left out, and youll have only 20 30 small blocks , leaving the proverbial edge.
Chairman Porter quantified the cost of the spraying to be $33,775, including the 300 acres on Chebeague. The infestation has seen an increase along the coast from Falmouth to Brunswick.
Councilor Moriarty questioned the existence of an eradication program. Mr.
Bradbury responded in the negative, noting if you get a good application, they tend to move back in to the treated areas to lay their eggs. Councilor Moriarty also suggested the Chebeague Island and Foreside residents be notified of the date on which the Council will consider this issue.
Councilor Savasuk requested a list of ground spray applicators identified on the towns web page.
03 - 002. To hold Public Hearing to consider and act on a Consent Agreement with Jeanette Sowles, 11 Ebb Tide Drive, re: setback zoning violation.
Town Attorney, Ken Cole, explained that a setback violation was discovered
during a property transfer. The Town Code Enforcement Officer, Barbara McPheters, suggested the applicant remove the violation or seek relief from the Board of Adjustment and Appeals. The appeal received an affirmative vote from the Board of Appeals, but was denied due to Section 603.2.6 of the Zoning Ordinance which requires the concurring votes of at least three members of the Board& Town Attorney Ken Cole suggested a Consent Agreement between the Town and Ms. Sowles as the only way to solve this. He described the Consent Agreement as fairly common in many other municipalities , although unique to Cumberland. In essence, this agreement says yes, theres a violation, but we intend to bring no action against you based on the payment of a ($500) fine. Ms. McPheters indicated the closest neighbor supports the application. Ms. Sowles expressed appreciation to the town for their efforts.
Motion by Councilor Stiles to accept the Town Attorneys recommendation,
and the fees and costs be assessed at $500;
Seconded by Councilor Kuntz.
VOTE: UNANIMOUS 7-0
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03 - 003. To authorize Amendment to Lease Agreement to Convert to Lease Purchase
Agreement between Town of Cumberland and School Administrative District 51 in regard to the Drowne Road School, for a ten-year term commencing January 1, 2003 and ending December 31, 2012.
Town Manager Robert Benson noted that SAD 51 currently holds a 15 year lease for the Drowne Road School building. Due to a change in the school funding laws, the SAD 51 subsidy of $100,000 per year will be reduced to $20,000 each year after the end of the fifth year of the lease (2003). To maintain the subsidy level, language has been recommended which enables SAD 51 to convert to a Lease/Purchase. A condition is contained in the Lease Purchase Agreement requiring transfer to the Town if for any reason SAD 51 were to discontinue use of the building for school or other administrative use. Upon approval by the Town Council, a special district vote will be held.
Motion by Councilor Moriarty to enter into an amendment to the lease agreement to convert to a lease/purchase agreement as contained in the materials in our packet;
Seconded by Councilor Stiles.
VOTE: UNANIMOUS 7-0
03 - 004. To hear report from Stephanie Gilbert, Maine Dept. of Agriculture and the Cumberland Mainland and Island Trust re: the Land for Maines Future Boards support of Sunrise Acres Farm.
Rob Crawford, President of the CMIT presented a summary of Sally Merrills efforts to preserve her farm for continued use as an operating farm with open space. Ms. Merrill applied to sell her farms development rights to the State of Maine under the Land For Maines Future (LMF) program over a year ago. The farm has long been a cornerstone of Cumberlands agricultural community and remains as one of the very few remaining agricultural operations that continue in operation in Cumberland. The farm, located on Winn and Range Roads, is currently the number one candidate for preservation under the LMF program, and its development rights value is estimated at $1.1 to $1.3 million dollars.
Stephanie Gilford, Policy Development Specialist at FML, spoke at length about the program and Ms. Browns property. She explained the Sunrise Acres designation as its top candidate means the state and federal portion of the purchase will be available. One third of the cost of the development rights under the program, however, must be raised locally. Through the efforts of the State of Maine Department of Agriculture, the one-third local share will be reduced significantly to an estimated $200-250,000. CMIT is working with Sally Merrill to help secure the local share. Mr. Crawford indicated the CMIT is interested in
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formalizing a partnership with the town to fund the local share. He proposed a 50/50 share with the Town.
Councilor Moriarty noted that the easement runs with the land to any subsequent buyer. In response to his question regarding use of the land, Ms. Gilbert replied that the easement is not legally enforceable for keeping the land actively involved in agriculture. This will not force them to farm if they can not afford to. But, the property will remain open and undeveloped at a bare minimum . He mentioned the impact fees as a possible funding source.
Councilors Damon and Savasuk questioned the rights of the town as contributors with respect to monitoring the easement. Councilor Moriarty suggested the town could become a third party beneficiary in the easement but
suggested you get what you pay for. To protect it forever will cost us more and you get all the rights that go hand in hand with actual ownership. By securing only open space, you take less than the full bundle of rights.
Councilor Storey questioned the tax status of the property. The property is currently enrolled in Tree Growth, and there has been no discussion about a change to that status. The easement itself does not remove the property from the tax rolls, however. The assessment can be reduced through the program. While the land valuation would not change significantly, the infrastructure assessment is considered to be a tremendous burden.
Through a straw poll of the council, Chairman Porter noted unanimous support to continue pursuing the LMF process.
03 - 005. To hear report from Maine Land Bank & Community Preservation Committee re: Property Tax proposal.
Mr. David Hill and Ms. Betty Tellinghuisen presented a power point production regarding the benefits and mechanics of the Maine Land Bank tax reform proposal. Mr. Hill explained that a group of citizens from Harpswell and Chebeague Island has developed a plan that addresses the most visible and painful aspect of todays property tax dilemma; that of people being forced to sell their homes and/or businesses because of escalating taxes they simply can no longer manage to pay. He described the Maine Land Bank & Community Preservation proposal as a simple and cost-free way to solve this problem and will help preserve the identity and vitality of Maines communities while there is still time to do so.
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The proposal combines Limited Market Value and Maines agricultural and open space tax laws to establish a base value equal to the five year prior assessment, adjusted to 100% by the state certified ratio. Recently purchased land
will be based upon the purchase price. Increases in property assessment will be limited to 2% per year, or the consumer price index, whichever is smaller. Property assessments are subject to decreases at any time. If an owner chooses to
sell land-banked property, a penalty must be paid before the property can pass with clear title. If 8% of the participation rate withdraws, it becomes self funding. Land will remain in the program if transferred or sold to a direct relative or bequeathed to another. In a continually improving market this is a tax deferral program, and the town is a mortgagor.
Advantages were described as protection from the threat of eviction due to rising property taxes; community stability; little, if any cost to the municipalities; voluntary in nature; continuing to use the present resale method for building assessments; inhibiting sprawl by encouraging land use preservation; and reducing the brain drain exodus of Maines youth. Calculation scenarios can be performed at the organizations web site http://home.gwi.net/mainetaxreform/.
Councilor Storey expressed his belief this program will benefit long-time land owners such as himself. Councilor Stiles suggested the only way this works is as long as the property values continue to increase. Councilor Moriarty clarified the proposal to be exclusive to land assessments. The restoration of a home would be taxed at fair market value, with no annual cap on the dwelling.
Mr. Hill concluded by requesting support from the Town of Cumberland through a resolution, testimony before the State Legislative Tax Committee, or one-on-one advocacy to individual legislators.
03 - 006. To hold Public Hearing to consider and act on application of Sheila Donofrio, d/b/a Basil Provisions, 20 Blanchard Road, for a victualers and off-premise malt liquor and table wine retailer license.
Code Enforcement Officer Barbara McPheters recommended approval of the license as a grand fathered use. Police Chief Joseph Charron suggested requiring parallel parking at the front of the establishment.
Motion by Councilor Damon to grant the license contingent upon the criteria listed;
Seconded by Councilor Moriarty.
VOTE: UNANIMOUS 7-0
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03 - 007. To hear request from Stewart Moss for a zone change re: single-family dwellings in the HC (Highway Commercial) District.
Town Manager Robert Benson recommended this item be referred to the Planning Board.
Motion by Councilor Moriarty to refer this item to the Planning Board;
Seconded by Councilor Damon.
VOTE: UNANIMOUS 7-0
03 - 008. To hold Public Hearing to consider and act on amending Section 424.4.4.1, Business Directional Signs Location, of the Zoning Ordinance, to permit directional signs at the intersection of Middle and Greely Roads.
The Town received a request from the Cumberland Animal Clinic to amend Section 424.4.4.1 of the Zoning Ordinance to permit the location of a business directional sign at the intersection of Greely and Middle Roads. The owners of the clinic state they are not permitted to place a sign now at this intersection because the ME DOT requires that the sign directly lead drivers to the location of the business. At its December 17, 2002 meeting, the Planning Board voted unanimously to support the amendment.
Motion by Councilor Moriarty to amend Section 424.4.4.1 of the Cumberland Zoning Ordinance to allow business directional signs at the location of Greely and Middle Roads;
Seconded by Councilor Damon.
VOTE: UNANIMOUS 7-0
03 - 009. To hold Public Hearing to consider and act on the adoption of Route One Design Guidelines as part of the Cumberland Comprehensive Plan.
Councilor Storey suggested postponing this issue until March and expressed the proposal could be costly. Once anything is in that Comprehensive Plan, folks think its the bible and the last word, and follow it.
Carla Nixon, Asst. Town Manager and Planner, suggested this item could be a workshop item with the Planning Board at a future date, along with the sprinkler issue.
Motion by Councilor Storey to table this item;
Seconded by Councilor Damon.
VOTE: PASSAGE 5-2 (Councilors Moriarty and Stiles)
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03 - 010. To appoint the Registrar of Voters for a two-year term expiring December 31, 2004.
Motion by Councilor Damon to appoint Debbie Flanigan as Cumberlands Registrar of Voters;
Seconded by Councilor Stiles.
VOTE: UNANIMOUS 7-0
VI. CORRESPONDENCE
*Councilor Savasuk none
*Councilor Damon regarding the issue of speeding suggested we inquire about borrowing a speed machine from a neighboring town such as Yarmouth or Freeport.
*Councilor Storey - none
*Councilor Kuntz - two letters of commendation to the town personnel regarding rescue and police services
*Councilor Moriarty - requested building permit data for FY 02 and a summary of impact fees in both the open space and recreation categories.
*Councilor Stiles - noted Mr. Duffy's letter re: speeding on Greely Road Extension - limited number of police in this town - encouraged town residents to follow speed limits.
*Chairman Porter - will send letter expressing Council appreciation for letters of commendation; BTIP project proposal is estimated at $90,000; noted mooring fees will be before the Council in near future; has spoken with Mr. Duffy re: speeding.
VII. NEW BUSINESS
Town Manager Benson requested authorization by Town Council to enter in an agreement between the Town and Mr. William Gorman to access his rear property across a portion of Twin Brook Recreation area in order to log his property. It will be a short duration and during the cold weather.
*Councilor Moriarty - meeting scheduled for 1/16/03 on Chebeague Island has been cancelled; untimely passing of good friend Bob Arsenault.
*Councilor Kuntz - none
*Councilor Storey - Freeport Sewer District faces lawsuit - here we go again. There should be other ways to deal with this than these ridiculous fines.
*Councilor Damon - What do we do with abandoned cars?
*Councilor Savasuk - none
*Councilor Stiles - none
*Chairman Porter - none
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VIII. EXECUTIVE SESION re: Town Manager hiring process and land acquisition.
Motion by Councilor Stiles to go into Executive Session;
Seconded by Councilor Kuntz.
VOTE: UNANIMOUS 7-0
TIME: 10:27 p.m.
Motion by Councilor Stiles to come out of Executive Session;
Seconded by Councilor Kuntz.
VOTE: UNANIMOUS 7-0
IX. ADJOURN
Motion by Councilor Kuntz to Adjourn;
Seconded by Councilor Stiles.
VOTE: UNANIMOUS 7-0
TIME: 11:15 p.m.
Respectfully submitted,
Nadeen Daniels, CMC
