Town Council Minutes 3/24/2003

TOWN OF CUMBERLAND
                             MEETING OF THE TOWN COUNCIL
                                                    MARCH 24, 2003

Chairman Porter called the meeting to Order in the Cumberland Town Council Chambers at 7:00 p.m.
Attendance:  All councilors present.

I.      APPROVAL OF MINUTES:
        A) March 3, 2003
              Motion made by Councilor Moriarty to approve the minutes as amended by Councilor
              Damon;
              Seconded by Councilor Storey.
              VOTE:    8-1 (Councilor Damon abstained)

II.     MANAGER'S REPORT:

        Manager Benson introduced Mr. Robert Storey, President of the Cumberland Cemetery Association to present the association"s annual report.  Mr. Storey thanked the Town Council for their support last year, which provided for the removal of several trees and overgrowth.  The town will perform "stumping, loaming and seeding of the affected area this year.  Mr. Storey requested funding of $6,000 in addition to getting the front of Moss Side taken care of.  Mr. Peter McKenney, Treasurer, distributed the associations 2002 budget, explaining we sold more lots than expected; however, the stock market was not very kind to us.  Overall the cemetery association lost a significant amount of its value.  The fund currently holds $211,000, a decline from $250,000 just a few years earlier. If we want the cemeteries to be improved in appearance & we have to do everything weve been doing in the past, plus more.  So, the amount of money that the cemetery association receives from the town is very critical to us.  Mr. McKenney further stated, The level that weve been funded for regular operations in the past is also not adequate.  In fact, we would probably need six or seven thousand dollars more in support on an annual basis just to be able to do the things were supposed to be doing and allow the perpetual care fund to grow.  Otherwise, he explained, there will ultimately be a depleted cemetery fund requiring the Town to bring it back into its own operating arrangements and be dealing with it with all the other things you have to deal with.  I hope during the budget process this year, those things will be taken into account.  The $450 lot price was discussed.  This price includes perpetual care.  One half of the funds are deposited into the perpetual care fund, with the remaining half, as well as any earnings on the perpetual care fund, supporting the operating expenses.  Councilor Damon reviewed the islands proportional share in order to make sure theres enough money for them to do what they need to do.   In response to comments from Chairman Porter and Councilor Stiles, Mr. McKenney described the $450 fee as on the top end of the local communities, when compared with Yarmouth, Falmouth and Gray.  State law requires 30% of the lot sale to be placed into the perpetual care fund; Cumberland apportions fifty percent. On behalf of the Town Council, Chairman Porter thanked the association for their work.

III.    PUBLIC DISCUSSION:

        None.

IV.     LEGISLATION AND POLICY:

03 - 021.              To hear from John Aromando, MSAD #51, School Board Chairman, regarding the

               Chairman Aromando addressed the issue which will be before the district voters Thursday, March 27^th, regarding a proposal for the district to enter into a lease/purchase agreement with the Town of Cumberland for the Drowne Road School property.  The district is mid-way through a ten-year lease with the town, and the district voters will be asked to authorize the District to purchase the building from the Town of Cumberland.  The agreement has received unanimous approval from the Town Council and School Board;
however, pursuant to state law, the issue must now receive approval by the district voters.  Chairman Aromando explained the school has a long history of being used as a school facility, in addition to a Town Hall and other
community purposes.  It is at this point a vital and integral part of the districts facilities; we need it.  The move from a lease to a lease/purchase will prevent a significant loss in state subsidy.  Our lease payments to the town are currently subsidized by the State of Maine and due to a change in the law that will no longer be possible beginning this fiscal year.  The only way to maintain that subsidy is to convert to a lease/purchase.  This means just under $150,000 a year for the district.  The financial imperative, as well as our pressing space needs combine to make the upcoming vote a critical one for the district.  Chairman Aromando also spoke to the recent ad placed by a group of district residents who are opposing this proposal on the basis of environmental issues, or more specifically the proximity of the Drowne Road School to the former municipal landfill.  In direct response to these concerns, he wished to provide assurances that the District, the District Board and the environmental professionals hired are all confident that the Drowne Road School is every bit as safe as every other district facility that we have and are currently using.  If there was any question about that the district & would be behaving very differently.   In his opinion, the opposition boils down to the very simple premise that it is presumptively unsafe to have a school next to a landfill, and that is just not a valid premise.  The professionals involved in the testing will address the extensive nature of the environmental testing at Thursdays meeting.  Chairman Aromando read from a letter from the Maine Dept. of Environmental Protection stating the closure action at this site has been effective, and any risk that this site may have posed has been minimized as much as possible.   In response to questions from the Town Council, Chairman Aromando responded negatively to speculations that the district has plans for full-day kindergarten at the Drowne Road School, suggesting the use of the Drowne Road School is going to be the subject of a task force next fall. There will be a new use; what that use will be has not been identified. We can not afford it right now, so I dont see anything in the short term that will involve an all day kindergarten.   When queried whether any resident or group of residents have given the board any actual findings, studies, analysis, establishing some level of risk at that site Chairman Aromando replied no evidence has been presented because there isnt any.  

03 - 022.              To approve Town Managers appointment of Carla Nixon as Town Planner.

               Motion by Councilor Moriarty to approve Robert Bensons appointment of Carla Nixon as
               Town Planner;
               Seconded by Councilor Damon.
               VOTE:         UNANIMOUS 7-0

03 - 023.              To hold public hearing to consider and act upon amendments to the Cumberland Zoning
               Ordinance, Sections 104, 104.12, 104.73, 104.74, 104.110.5, 104.112, 104.117, 104.126,
               205.1, 403.1, 403.2, 403.3, 421, 501.1 and 501.4 re: streets, right-of-ways, and
               non-conforming buildings.

               Barbara McPheters, Code Enforcement Officer, summarized the ordinance changes for the Town Council, explaining that references to right-of-ways and roads have been changed to street.  Definitions for right-of-way and front, rear and side lot lines have been created due to enforcement issues resulting from interpretations required from either the CEO or the Board of Adjustment and Appeals.
               The amendments stipulate paper streets not be included in the setback calculation and that the setback be measured from the edge of the street, not the property line.  This should prevent situations where buildings and/or septic systems are built within paper streets.  It is the responsibility of the property owner to provide the location of the right-of-way and property lines in order to determine the setbacks.  Councilor Damon suggested this is very difficult for a landowner to determine when the Town has no idea where those streets really sit.  I think this is something there should be some flexibility on.  I don't care who the surveyor is, if they come up with a plan (referring to an island road), its a crapshoot.  And, to make people go out and pay money for that kind of crapshoot is not fair.  Barbara McPheters agreed that Chebeague Island is much more difficult because a lot of the streets on Chebeague have not been surveyed at this point.  Councilor Storey referenced Tuttle Road as a mainland example of where the roads are not where the right-of-ways are. Chairman Porter stressed whether we make this change or not, the situations youve described will not change.  Councilor Kuntz asked if this would include deeded right-of-ways.  In other words, if I had a piece of property and I deeded a
right-of-way to my neighbor to cross my property, would then the edge of that deeded right-of-way become the street line&impacting my setbacks?  Is the owner then penalized?   CEO McPheters clarified the ordinance specifies a vehicular right-of-way.   For any other purpose, it would not be classified as a street.  CEO McPheters also stated that property owners would continue to appeal to the Board of Adjustment and Appeals for


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                                         March 24, 2003
variance requests.  Councilor Kuntz recommended this ordinance should be reviewed six months to a year to see if there have been any problems or if further changes are necessary so we dont provide any hardships on the citizens of the Town of Cumberland.   
               The lot regulations, back lot and road construction sections have been amended to correspond with the new and revised definitions.  This resolves the concern about imposing front setbacks on corner lots from private ways when the private street was created after the building existed or is not used as a vehicular right of way.  The road construction standard section was revised to require an effective setback and landscaped buffer between existing structures and a proposed private street.  The non-conforming buildings section has been amended to allow expansion of buildings along the same setback line as the existing building. This should eliminate the need for variances for additions to existing buildings when the addition will be the same distance (setback) from the property line.  
               Councilor Damon suggested the change from roads and right-of-ways to streets is not in alignment with the goal of the Comprehensive Plan to maintain the rural character of the Town, describing this change as heading toward urbanization.  Its a major philosophical shift.  CEO McPheters indicated the Zoning Ordinance does contain a road definition; therefore, a bit more manipulation is needed before street is eliminated.  
               Motion was made by Councilor Damon to amend the Ordinance to change streets back to roads and come up with another definition for road meaning a route or track consisting of a bed of exposed mineral, soil, gravel or asphalt.  The motion failed for a lack of a second.
               Motion by Councilor Savasuk to approve the amendments to the Cumberland Zoning Ordinance, Sections 104, 104.12, 104.73, 104.74, 104.110.5, 104.112, 104.117, 104.126, 205.1, 403.1, 403.2, 403.3, 403.3, 421, 501.1 and 501.4;
               Seconded by Councilor Moriarty.
               VOTE:         UNANIMOUS 7-0

03 - 024.              To set date for public hearing re: Mass Gathering Permit by the Bonny Eagle Car Show,

               Motion made by Councilor Kuntz to set the date of April 14, 2003;
               Seconded by Councilor Storey.
               VOTE:         UNANIMOUS 7-0

03 - 025.              To hold public hearing to act upon the renewal application by Ed Harding, Cumberland

               Motion by Councilor Storey to grant the license;
               Seconded by Councilor Stiles.
               VOTE:         UNANIMOUS 6-1 (Councilor Kuntz opposed)

               Motion by Councilor Storey to grant the license;
               Seconded by Councilor Moriarty.
               VOTE:         UNANIMOUS 6-1 (Councilor Kuntz opposed)

03 - 027.              Nominating Committee appointments.

               RECREATION/COMMUNITY EDUCATION ADVISORY BOARD:
               Charles Burnie, 30 Lower Methodist Road

               PERSONNEL APPEALS BOARD:
               William Ward, 128 Longwoods Road
               Phillip Dobson, 8 Winn Road
               James Hanley, 288 Blanchard Road

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                                                   March 24, 2003
               LAND & CONSERVATION COMMISSION:
               Penny Asherman, 12 Hemlock Drive
               James Hanley, 288 Blanchard Road
               William Ward, 128 Longwoods Road
               Cindi Farris, 29 Wyman Way

               Motion by Councilor Kuntz to approve the nominations;
               Seconded by Councilor Storey.
               VOTE:         UNANIMOUS 7-0 passage  

               CUMBERLAND ISLANDS COMMITTEE:
               Randy Harriman        Milton Calder         Martha Hamilton
               Elizabeth Howe        Sam Ballard           Jean Dyer
               Nancy Adams           Jane Frizzell         Mabel Doughty
               Adam Dougherty        Esther Knight         Thomas Calder
               Michael Porter        Marjorie Munroe               J. Samuel Hunter
               Beverly Johnson               Bruce Riddle

               Councilor Damon explained this Committee was originally created when Carla Nixon first served as Town Planner.   So, it is appropriate, and residents are excited that Carla will serve as the staff liaison for this committee.  She described the charge for the committee as to advise the Council on issues related to the Cumberland Islands.  The mission of the committee is to consider the various issues relating to the islands of Cumberland, and to recommend strategies for addressing these issues.  Areas for consideration include, but are not limited to, environmental, economic, transportation, land use, solid waste, recycling, coastal access, public health, affordable housing and infrastructure development or improvement.  Councilor Damon also noted that the creation of this committee will not preclude special committees such as the Stone Wharf Committee, and other committees that will be called for specific purposes.  In fact, this committee may identify other committees that need to be formed.
               
               Motion by Councilor Damon to approve the nominations:
               Seconded by Councilor Kuntz.
               VOTE:         UNANIMOUS 7-0

03 - 028.              To approve a contract with William R. Shane for three years as Town Manager as

               The Town Council approved unanimously an earlier order that appointed William R. Shane as Town Manager, effective March 31, 2003, subject to prior execution of an employment contract to be prepared by the Town Attorney and approved by the Town Council.
               Councilor Moriarty noted this evenings meeting as the last Council meeting at which Robert Benson will attend as Town Manager.  He expressed his hope that we will have an opportunity to more properly and formally thank you for your service to the town, and described Manager Benson as one of the deans in the field in this state, thanking him for his 24 years of service to the town.  Chairman Porter echoed Councilor Moriartys comments.

               Motion by Councilor Moriarty to enter into an employment agreement with William R. Shane to serve as Cumberland Town Manager for a term not to exceed three years as set forth in greater detail in the employment agreement negotiated between Mr. Shane and the town;
               Seconded by Councilor Damon.
               VOTE:         UNANIMOUS 7-0





                                    
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                                          March 24, 2003
03 - 029.              To abate taxes related to the towns purchase of the Gosselin property.

               Manager Benson requested the Council authorize abatement in the amount of $4,544.96 for the Towns pro-rata share of property taxes as identified in the purchase and sale agreement.  Councilor Moriarty requested an update from Councilor Damon regarding CMITs fundraising efforts.  Councilor Damon replied that grant applications have been submitted and the Land Trust is getting ready to do a mailing.

               Motion by Councilor Damon to abate taxes in the amount of $4,544.96;
               Seconded by Councilor Stiles.
               VOTE:  UNANIMOUS 7-0

03 - 030.              To consider and act on a 5 percent sewer rate increase.

               Manager Benson explained that the Portland Water District computes the towns assessment on a monthly basis.  By Council direction, the users of the system and not the property tax have always supported this assessment.  The agreement between The Portland Water District and the Town for the maintenance of the interceptors and collector systems requires upgrades to certain pump stations.  Capital improvements, as well as studies in conjunction with the Town of Falmouth and the PWD will be undertaken, representing approximately $75,000.  system revenues include upgrade fees charged as new connections enter the system.  For example, the new middle school will be assessed $98,000.  Mr. Benson recommended he, Public Works Director Adam Ogden, Sewer Engineer Ralph Oulton, and new Town Manager Bill Shane meet with Falmouth and the Portland Water District trustees to review issues that will occur in the near future.  Proposed senior housing should be considered for impact to future sewer revenues.  Manager Benson believes a sewer rate increase is needed at this time, saying it will put some extra revenue in place which I think will be needed.  The system has operated since 1986 with one rate increase.  I am recommending a rate increase of 5 percent at this time.  The increase will take effect May 1, 2003.  The current rate covers debt service and maintenance; however, the debt service is eliminated in 2006, representing approximately $30,000.  Mr. Benson recommended a thorough study occur at that time to determine how ongoing rates should be assessed; i.e. flow versus usage. The system will also be twenty years old and a better understanding of the system maintenance requirements will be necessary.  
               Motion by Councilor Savasuk motioned to approve a five percent sewer rate increase
               as recommended by the Town Manager;
               Seconded by Councilor Moriarty.        
               VOTE:         UNANIMOUS 7-0

03 - 031.              To receive request of Chebeague Orchard Inn for a zone change.

               Motion by Councilor Moriarty to refer the zone change request to The Planning Board;
               Seconded by Councilor Kuntz.
               VOTE:         UNANIMOUS 7-0

03 - 032.              To set bulky waste pickup dates.
               

               Motion by Councilor Storey to approve the dates as recommended;
               Seconded by Councilor Kuntz.
               VOTE:         UNANIMOUS 7-0

                                               March 24, 2003       
03 - 033.              WORKSHOP with Fire Chief Dan Small re: sprinklers.

department because last year our average response time, town-wide, was in the 7.37 minute range, which means
were arriving at about the time the place is still standing.  The best example is if you have a basement fire with unprotected ceilings in the basement with these types of floor trusses. Were sending firefighters into a building that may already be in jeopardy of collapsing before we even get there.  Chief Small also addressed what he referred to as the myths associated with sprinkler systems.   
         Comments received as a result of the presentation included questioning the reason behind the distinction between subdivision and single-lot homes; system and related costs; scene safety; and system failure during power outages or dry spells.    

        Were really fortunate to have such a professional fire department &and to have people like Chris and Dan who have grown up here and who are vested in this town and want the best for it, expressed Councilor Damon, with the concurrence of several councilors.

V.      CORRESPONDENCE:
        *Councilor Savasuk - none

VI.             NEW BUSINESS:

               
   VII.         EXECUTIVE SESSION re: land acquisition and union negotiations.

  VIII. ADJOURN
        
        Motion by Councilor Moriarty to return from Executive Session;
        Seconded by Councilor Kuntz.
        VOTE:  UNANIMOUS 7-0
        TIME:  11:18 p.m.

        Motion by Councilor Storey to adjourn;
        Seconded by Councilor Moriarty.
        VOTE:  UNANIMOUS 7-0
        TIME:  11:18 p.m.








Respectfully submitted,



Nadeen Daniels, CMC
Town Clerk