Town Council Minutes 3-14-2005

MINUTES
                         CUMBERLAND TOWN COUNCIL MEETING
                      Town Council Chambers, 290 Tuttle Road
                             MONDAY, MARCH 14, 2005
                             7:00 p.m. Call To Order        

Attendance:  Chairman Stiles, Councilors Savasuk, Damon, Kuntz, Moriarty and Porter.
Excused:  Councilor Storey.

APPROVAL OF MINUTES:

Motion to approve minutes by Councilor Moriarty, seconded by Councilor Kuntz.
VOTE:          UNANIMOUS 6-0

MANAGER'S REPORT:

Manager"s Report contained the following information; however, it was deferred till later in the evening due to the need for two councilors to leave the meeting early.
a)      3/28 Community Forum to be held in response to survey by MSAD re: drug and alcohol issues within the High School. Chairman Stiles asked for the Town Councils support of this meeting by relinquishing their next meeting date so the SAD may televise the meeting.  The Council agreed to hold their next Town Council meeting on April 11^th;
b)      3/29 is a MDOT public hearing re: Route 100.  The meeting will be televised her at Town Hall;
c)      Chebeague Island float permits are due before the end of the month.  All permit holders from last year have been sent an application and a random drawing will be held the fist part of April;
d)      It does not look promising that we will receive FEMA assistance for storms this year;
e)      Taxes are due tomorrow;
f)      A celebration for the girls track team occurred this evening at 6 pm with a fire escort to the teams banquet;
g)      Roads have been posted for heavy weight limits.  "Were trying to work with contractors to travel on posted roads by permit and only before 9 am. The posters will likely be removed in the first week in May;
h)      We are back on schedule for our Harbor Master position, with interviews being held in the next few weeks;
i)      The Private Roads Winter Maintenance Committee will be with the Council in workshop this month.

Public Hearing:

No comments received.


LEGISLATION AND POLICY:

05 - 030.       To consider and act on a town investment policy.

               Town Manager Shane recognized Finance Director Melody Main, and guest Jeffrey Olfield, of the Banknorth Wealth Management Group.  Mr. Olfield described the towns portfolio by location as follows:  Cash and equivalents  6.12% of market value; fixed income  86.61% of market value; and equities  7.27% of market value. In general, short term fund are invested in either treasuries, money market funds, or cds, all with securities banking.  The overall policy is conservative management of the liquid funds for the town.  The primary objective is to provide safety...and a high degree of liquidity.  No public comments received.

               Motion by Councilor Savasuk, and seconded by Councilor Kuntz to adopt the Investment Policy as recommended by the Town Manager.
               VOTE:         UNANIMOUS

               A PowerPoint presentation was given by the Town Manager explaining the mechanics of a TIF, stating that we want to encourage professional businesses that will maintain our rural community.  My goal is to shift the tax burden away from the residential taxpayer.  We want to encourage professional businesses that will maintain our rural community; a 9 to 5 business with little or no impact to surrounding neighborhoods to our community.  Each TIF has to be approved by the DECD, only 5% of the towns total value can be within a TIF.  The Town Council controls the funds and can change what they do with the TIF funds at any time over the life of the fund.  Finally, growth will start paying for growth.

               Councilor Savasuk said the notion that were giving away money is not the case.  If we dont provide them the incentive, its likely they may not come here.  Its just too one-sided that residential property taxes support everything.  Councilor Damon clarified that just because were granting a property tax reduction to one of these businesses, it doesnt mean that we will necessarily give a TIF to every business.  Every one of those decisions will be made individually.  Councilor Moriarty referred to the recent tax revaluation, noting we heard many comments that we ought to wean away from our almost exclusive dependence on residential funding.  The first numbered goal (of the Comprehensive Plan) states to diversify the tax base.  This is a highly suitable new corporate resident.  In the long run we will reap substantially higher tax income than if we do nothing at all.  Councilor Porter believes this proposal is a short, medium and long-term benefit for the town. He referred to the percentage of commercial base in neighboring towns, with Cumberland at only 2.5% compared to Yarmouths 25%, Falmouths 15%, and Freeports 12%.  This is one small, little piece to reduce taxes in our community.  Its not going to save us all of the difficult decisions, but were gong in the right direction.  The benefit is to everybody.  No public comments received.

               Motion by Councilor Porter, seconded by Councilor Savasuk, to adopt the following Order:

               ORDERED, that the Town hereby (a) designates TIF District #2, the Route One South Municipal Development and Tax Increment Financing District and adopts the Development Program for the District, such designation and adoption to be on terms and provisions of the TIF District #2, the Rout One South Municipal Development and Tax Increment Financing District Development Program (Development Program) as presented at this Town Council Meeting, and as has been on file in the Town Clerks Office, a copy of which is incorporated herein by reference; (b) makes the findings set forth in the Development Program; (c) adopts the financial plan including the percentage of increased assessed value of said District to be retained as captured assessed value in accordance with the Development Program; (d) authorizes the Town Manager to submit to the State of Maine Commissioner of Economic and Community Development for approval such applications and further documentation as may be necessary or appropriate for final approval and establishment of TIF District #2, the Route One South Municipal Development and Tax Increment Financing District and its Development Program and financial plan pursuant to 30-A M.R. S. A. Chapter 206; and (e) authorizes and directs the Town Manager to execute and deliver a Credit Enhancement Agreement with Seafax, Inc., substantially in the form attached to the Development Program.

               VOTE:         UNANIMOUS 6-0

               Mr. Bradbury returned to the council once again to speak to the issue of aerial spraying.  During his last appearance, he recommended the town not perform an aerial spray, due to the inefficacy of such a spray when there are several contiguous properties that 'opt out of the program.  He reiterated My recommendation remains the same.  Past participation has been poor, resulting in fragmented drops.  And, any pesticide that kills brown tail is a threat to marine animals. A viable option is a ground applicator on a personal basis and has had very good success.  Were not leaving people in a lurch with nothing you can do.

               During the public hearing portion, Mr. Paul Gilbert, 2 Ole Musket, presented questions related to the risk of dimilin.  Mr. Bradbury responded that while dimilin is selected for aerial spray & due to its extremely low risk to people; however, it is a neurotoxin.  Ground applications are performed with prethroids, a class of synthetic products which people of normal health can readily metabolize.  Mr. Gilbert queried Would the residents be better protected with no opt-outs than if you had 90% ground spraying?  Mr. Bradbury responded If you have 100 acres, those on the perimeter have just as much right as the people in the middle. This is where it falls apart&you cant treat people equally.  Councilor Porter, confirmed by Mr. Bradbury, indicated that a group of neighbors may conduct their own spray.  The neighbors would need a written document between them, and would work out between them and the contractor as to who would assume liability.  Mr. Dan Train, 104 Longwoods Road, a lobsterman, stated that the dimilin is so detrimental to the lobsters; it stops them from molting.  Ms. Patrice McCarran, Executive Director of the Maine Lobster Association, representing 1200 members statewide, stated pesticides do pose a serious risk to lobster and other marine species.  Fishermen have reported being in the water during sprays and feeling the effects of the spray.  If it hits the water, the life (of the dimilin) goes through to 300 days.  Mr. Elliott Thomas, Yarmouth lobsterman, shared his experience with wind drifts bringing the spray to the water.  Dimilin is a molt inhibitor and weve seen a change in the habits of the lobsters in the bay.  Mrs. Lisa Gilbert added perhaps theres a compromise to provide more education for those who opted out to which the Manager replied he had mailed a letter with informational attachments to each homeowner in the Foreside area, and urged each to contact a ground sprayer very quickly.
        
        Councilor Moriarty summarized this is the eight consecutive year dealing with the brown tail moth issue.  The question to what is the solution is that we dont have on here or the state.  We voted to spray three times and with each succeeding year there were more and more people opting out and the effectiveness of the spray diminished drastically. Bottom line is we dont have a good effective solution.
No action taken by the council.  Councilor Porter thanked Mr. Bradbury for his unbiased expertise, announcing Mr. Bradbury is retiring I April and we are all losing a great resource.  Anything we do that puts the lobstering industry in jeopardy, we need to be very, very careful about.   Chairman Stiles also offered his sincere thanks and best wishes to Mr. Bradbury.

        No action taken.
        
        (Councilor Kuntz had to leave the meeting at this point)

05  033.       To set public hearing date to consider a TIF request for property in

2005 to establish the next TIF agreement, which will be within the Route One North District, and with Norton Financial Services.  No public comments received.

               Motion by Councilor Moriarty, seconded by Councilor Porter to set a public hearing date of April 11 2005.
               
               VOTE:         UNANIMOUS 5-0




05  034.       To appoint committee and set public hearing re: amendments to the
               Growth Ordinance.

               Town Manager Shane recommended a sub-committee of the Town Council review the Growth Ordinance regarding the allocation of permits between subdivisions and non-subdivisions.  

               Chairman Stiles appointed Councilor Porter as Chair of the Sub-Committee.  No public comments were received.

               Motion by Councilor Moriarty, seconded by Councilor Porter, in accordance with Section 111 of the Growth Management Ordinance the Planning Board is requested to assess the efficacy of the ordinance and report back to the Town Council as soon as possible.

               VOTE:         UNANIMOUS 5-0

05  035.       To hear report re: Tuttle Road property drainage issues and

               Town Manager Shane stated a workshop was held between the council and neighbors within this area. Over the course of twelve years there have been increased problems with erosion. There is a throttling point on the Doane property.  Mr. Doane and his family are willing to consider a restricted easement.  The more we look at this, the more complex it becomes.  We need to get all the info and see how the system is working, because it has an impact o both sides.

               Councilor Porter questioned why this is something the town should be considering and not a private issue for those affected by the stream issue?  He indicated he would vote against the request because he is not convinced where the town is culpable and where the public benefit is.  Im also worried about the slippery slope.  Councilor Savasuk concurred and Councilor Damon suggested we should find out if were partially responsible for this.  Chairman Stiles questioned the Manager whether the water can be diverted down Tuttle Road. Manager Shane replied that the direction now is the shortest route and more cost effective to fix.  Mr. Rick Doane was present to respond to questions of the council; however, no public comments were received.

               Motion by Councilor Damon, seconded by Councilor Moriarty, to authorize the Town Manager to expend up to $8,000 for engineering drainage improvements along Tuttle Road.
               VOTE:         FAILED 2-3 (Councilors Porter, Savasuk and Stiles)

               (The Town Managers Report was given at this time, after which Councilor Savasuk was excused.)




05  036.       To authorize the Town Manager to execute a contract with MDOT
               for weight limit bonds.

               Town Manager Shane said MDOT will be paving Route One this summer.  This item is an authorization for them to use our roads above the posted weight limits. They will bond those roads and compensate us for any damage. No public comments received.

               Motion by Councilor Porter, seconded by Councilor Moriarty, to approve MDOTs weight limit requests and authorize the Town Manager to execute a contract with MDOT for weight limit bonds.

               VOTE:         UNANIMOUS 4-0 (Damon, Moriarty, Porter and Stiles)
               (A ten minute break was taken)

05  037.       To ratify the Police Benevolent Association Contract for 2004-2007.

               This contract provides a 3% wage increase and increases the cost-sharing by the unit employees for health insurance costs.  No public comments received.

               Motion by Councilor Porter, seconded by Councilor Moriarty to ratify the 2004/07 contract between the Town of Cumberland and the Cumberland Police Benevolent Association.
               VOTE:         UNANIMOUS 4-0

05  038.       To set public hearing date to consider and act on Overlay District for
               Val Halla and Twin Brook.

               Town Manager Shane stated this item is intended to create an Overlay Zone for these two areas.  Both are now special exceptions because they are in residential zones.  Councilor Damon questioned the need for two not the same Overlay Districts.  Councilor Moriarty feels this request makes a lot of sense. This is scheduled to go before the Planning Board at their April meeting, and the council should not see this again before May or June.  He suggested it also go before the Twin Brooks and Val Halla Boards.  No public comments received.

               Motion by councilor Moriarty, seconded by Councilor Porter, to refer this item to the Planning Board for comment and review.
               VOTE:         UNANIMOUS 4-0





05  039.       To hear from Finance Committee Chair re: 2005/06 Budget and
               meeting dates.

               Chairman Stiles explained excise tax revenues are down but overall the revenues should be ok by year end.  Our public works budget is over due to the excessive number of storm events this winter; best guess is $150,000; of which $60,000 comprises the new salt shed.

               No action taken.

05  040.       Public hearing to act on amendments to the schedule of building and
               planning fees and fines.

               Town Manager Shane explained this item has been before the council on two previous occasions.  This item adjusts our fees for zoning and planning related fees in order to be more in-line with other communities.  We have received no negative feedback from contractors; however, positive feedback has been received due to the standardization of these fees among area towns.

               No public comments received.  Councilor Damon expressed it difficult to make a decision without the use of the spreadsheet provided to the council at an earlier meeting.  We need to be careful about looking at these collectively with other communities.  Chairman Stiles explained these were designed to make them more in line with what it costs to provide these services.

               Motion by Councilor Moriarty, seconded by Councilor Porter, to adopt the amendments to the schedule of building and planning fees and fines.
               VOTE:         FAILED 3-1 (Damon)

NEW BUSINESS:

Savasuk  excused

Damon  Thursday and Friday night presentations by Greely Drama, with dinner Saturday evening.

Storey  excused.

Kuntz  excused.

Stiles  announced rebroadcast dates and finance committee budget meeting dates are shown on the back side of town council agendas; roads committee meeting 3/17; receipt of letters re: the island school closing; thanked Public Works for the tremendous job this winter.

Moriarty  thanked Councilor Damon re: the findings of the additional $19,000 for the island school.  Councilor Damon relied that people are pleased that the children next year will not have to go to the mainland, but they are not complacent.  It doesnt sound like its over, though.

Porter  reiterated thanks to citizens for their calls, letters, and emails re: the TIF; Governor will be announcing the Regionalization Grants tomorrow afternoon; interesting info in the Sheriffs letter re: cost to communities for sheriff coverage; Were paying an extra $88,000 to the sheriffs department for communities who dont want to pay for police services themselves; asked the Town Manager for an update to LD 249.

Manager  spring brochure from the Community Services/Adult Education/Recreation Department is in the mail today; public works will remove snow this week from the schools; thanked the public works crew for their efforts this winter.

ADJOURN

               Motion by Councilor Porter; seconded by Councilor Moriarty, to adjourn.
               VOTE:         UNANIMOUS 4-0
               TIME:         10:08 p.m.



Respectfully submitted,


Nadeen Daniels, CMC
Town Clerk