Town Council Minutes 4/14/2003

TOWN OF CUMBERLAND
                        MEETING OF THE TOWN COUNCIL
                                            APRIL 14, 2003

CALL TO ORDER in the Cumberland Town Council Chambers at 7:00 p.m.
Members present:  Chairman Porter and Councilors Savasuk, Damon, Storey, Kuntz and Stiles.  Councilor Moriarty arrived at 8:09 p.m.

I.      APPROVAL OF MINUTES
a.      March 24, 2003

II.     MANAGERS REPORT

Shane announced the receipt of the 9^th annual Certificate of Excellence Award by Cumberland Finance Director Melody Main, explaining only 10 other finance directors in the State of Maine have received this award.  "We are very fortunate to have someone of her quality.  Chairman Porter commended Manager Shane for the quality of his weekly reports.  For the benefit of the public, Councilor Damon requested Manager Shane to share an overview of the items contained in his weekly report.  They included: dredging samples taken this past weekend at the Stone Wharf.  We should learn of the type of disposal we can use in approximately ten days; a neighborhood meeting is being scheduled with the residents of Greely Road Ext. re: speeding issues; sewer work began today on the Kennedy project on Route One; our police department arrived on the scene of the recent Blanchard Road break in, missing the culprits by seconds;  he, Steve Moriarty and Warren Turner have been meeting re: the Wharf Road Agreement; and he visited Chebeague Island on Friday.

III.    PUBLIC DISCUSSION

reconstruction project, asking can we ask the telephone company to move some poles over to one side of the street?  Manager Shane responded that he contact ME DOT since only they  have the authority to request relocation.

IV.     LEGISLATION AND POLICY

03-36   To execute certain certificates of settlement with Robert B. Benson, former Tax Collector, in regard to the tax years 2000-2001, 2001-2002, and 2002-2003, and to thereby discharge the said Robert B. Benson from any further liability to collect the remaining taxes due for the aforesaid years.

personally responsible when he is tax collector to collect taxes, making his personal items at risk.  Manager Shane and the town s Deputies were sworn in on March 24^th, providing taxes to be recommitted to the new officials.  He explained standard procedure is to issue a release of settlement to the former manager at the same time you recommit on the exact same taxes to the new manager.

               Seconded by Councilor Damon.
               VOTE:         UNANIMOUS 6-0

uncollected real estate taxes dating back to 1984.  Our auditors have recommended these taxes be abated as uncollectible.  It makes sense to all involved to clean the books at this time.  Typically, we dont abate real estate taxes, but in these instances the owners are unknown. Anything from 84 forward we know the parcel, and in many instances you may technically own them.  They dont have to be recommitted.  The title is in the town so there is not a collection related to them anymore.  With respect to personal property, these taxes are almost paid on your honor; there is no lien attachable to anything.  Simply assessing the tax itself does not lead to actually collecting it.  And, if you dont bring suit within 6 years, you cant anyway.  I suggest getting rid of those that are clearly uncollectible.





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explained youre not waiving your rights to any property you currently own.

               Seconded by Councilor Damon.
               VOTE:         UNANIMOUS 6-0

               Seconded by Councilor Damon.
               VOTE:         UNANIMOUS 6-0

03  034        To hear report from the Forest Lake Association.
        
               Brad Round, Vice President of the Forest Lake Association and Betty Williams, Cumberland City Soil & Conservation Association were present with a Powerpoint presentation regarding water quality issues for Forest Lake.  Mr. Round thanked the Council for acting so responsibly through all these years and gave a brief description of the Forest Lake Watershed.  The lake spreads over four towns; Windham, Gray, Cumberland and Falmouth.  Mr. Round and Ms. Williams stressed their presence was to notify the Council the lake is under stress.  As a result of this threat, the lake has been placed on the NPAS priority watershed list as a lake most at risk from new development.  Phosphorus has impacted the lake causing excess algae growth, resulting in less clear water.  Surveys indicate a 10-20 percent decline in property values for every 3 foot decline in water clarity.  A watershed survey was conducted last summer with a group of volunteers trained to identify erosion sites; 112 were identified.  A septic survey was also conducted via mail.  151 surveys were returned, indicating 55 percent with systems under 20 years old.  The shoreline survey indicated 176 lakefront properties, with 158 developed.  This survey was completed to assess the composition of the vegetative buffers on the shoreline.  110 were found to have inadequate buffers; 38 actually had no erosion control, 39 percent had excellent buffers.  A first of its kind Watershed Forum was held Saturday, April 12^th, with 48 participants in attendance.  The group identified values and challenges within the next 10 years and sought to come up with the next steps and/or solutions.  The values identified at the forum included: clean water, peace and tranquility, the lake association, and the wildlife and recreational opportunities.  Challenges included:  soil erosion, irresponsible development, private roads and inconsistent enforcement between towns.  Next steps included: formation of continuing workgroups, ongoing support of the association, and encouragement of coordinated efforts between the four watershed municipalities.  In the future, the group plans to apply for a DEP 319 Implementation Grant to do some actual on the ground fixes.


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               Councilor Storey expressed that he and Councilor Moriarty were in attendance at Saturdays Watershed Forum, describing it as a very interesting meeting and group.  I had my eyes opened.  Im pleased theyre trying to keep it a beautiful lake.  He also commented on the surface protection ordinance adopted by Windham and suggested maybe we want to look at it.  Councilor Stiles questioned whether there was an effort ongoing to reduce the phosphorus or algae bloom.  Ms. Williams indicated the best efforts come from education.  Councilor Damon inquired into the effect of motor boats and docks on the quality of water.  Wakes will create some bank erosion along the shoreline, she explained, and there is always some discharge from the motors.  In response to Councilor Savasuks question regarding the type of property which most affects the quality of water, she replied it would be the residential residences. When queried by Chairman Porter if the towns need to take other steps to assist in the quality of the lake, she endorsed they definitely work together.  Most of the problems identified can actually be fixed for very little cost.
               

               Chairman Porter thanked Mr. Round and Ms. Williams for their excellent presentation, and the Council recessed for a five minute break at 7:52 p.m.

he is requesting the Bonny Eagle Car Show be held at the Cumberland Fairgrounds due to its relocation as a result of extensive improvements to their districts athletic field.  This years show represents their 24^th annual event, and is the major fundraising event for the boosters club.  Event proceeds are divided among the schools athletic groups.  Mr. Colby offered their football program as an example of why this fundraiser is so necessary.  The booster organization raised $102,000 last year to support that program, funded entirely by the booster organization.  He described the car show as critical to the success of their support for the athletic programs.

               Councilor Kuntz revealed he has attended this fundraiser in the past, describing it as a very well run event.  Councilor Damon labeled it a great idea for a fundraiser and inquired whether the group held any additional fundraising events.  The group also conducts a golf tournament.  When asked how the proceeds are shared among the sports groups, he answered we try to divided it up as fair as we can; each group gets a certain percentage, spread out through the booster supported groups.  Chairman Porter requested the total amount raised during this event.  Anywhere from 50 to 80,000 gross; about half that after we pay our bills Mr. Colby responded.  Chairman Porter suggested he had given much thought over the weekend to the inability for Cumberland non-profits to participate in this event.  He gave consideration to the benefit to the citizens

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of the town of Cumberland, commenting I can assure you, our fields are just as
expensive to maintain.  Within our organization, Mr. Colby replied, we dont allow overlap in order to prevent that internal squabbling and competing.  However, he articulated a willingness to work with Chairman Porter to allow a Cumberland non-profit to join; more particularly, other school groups.  Chairman Stiles shared a differing opinion, suggesting he (Mr. Colby) has no onus to anybody else.  He needs to meet the details; he has done that.  Mr. Scott, assistant to Mr. Colby, explained Weve excluded outside non-profit groups in order to keep it to school groups, supporting, however, Mr. Colbys offer to work with Cumberland.

               Bob Couillard, 55 Lower Methodist Road, expressed his belief that the biggest spin-off is to the local businesses.  The local stores and restaurants will get big hits on those days.  I tried going to this show last year and never got in  but I stopped at a local place to get something to eat.  It would be nice to see more of these things at the fairgrounds; the fairgrounds are empty too much.  

               Seconded by Councilor Storey.
               VOTE:         UNANIMOUS 7-0 (Councilor Moriarty in)

03  038.       To receive and act on property tax abatement.

               Manager Shane explained this item represents a request from the Town Assessor for the abatement of real estate property taxes in the amount of $562.53 to Andrew and Maria Bowden, 8 Merion Way.  The overpayment of taxes was due to an assessment error in which the Bowdens were incorrectly assessed for a finished attic and basement.

               Motion by Councilor Damon to approve the requested abatement;
               Seconded by Councilor Kuntz.
               VOTE:         UNANIMOUS 7-0

               Manager Shane indicated a written request was received from two members of the Scarborough Town Council urging member communities to support an outside independent management efficiency audit of RWS.  Manager Shane met with Susan McGinty, Cumberlands representative to the RWS Board of Director, and based upon that discussion recommends the Town Council not endorse the resolution.  He suggested much more information is necessary to determine the cost associated with such an audit and the impact it might have on the towns tipping fee.  He noted the cost could

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be as high an impact as 4 or 5 dollars additional to the tipping fee.  He described Susan McGintys position on the RWS Board as a very strong asset at the table.  In her board capacity she also serves on the Executive and Finance Committees.  Several councilors joined in expressing their appreciation to Ms. McGinty with Councilor Damon particularly expressing we owe her a debt of gratitude.  Manager Shane concluded by informing the council that he will serve as the Towns alternate to the RWS Board in the future.

               Motion by Councilor Stiles to table the resolution;
               Seconded by Councilor Storey.
               VOTE:         UNANIMOUS 7-0

03  040.       To set date(s) for Budget Advisory public hearing(s).

               The councilors discussed holding the advisory meetings during the week of April 28^th.  However, its conflict with school vacation and the overall condensed timeframe for the suggested schedule, as described b Councilor Moriarty was felt to be telescoped in a very short period of time, noting the schedule could be spread out a little bit more.   Manager Shane urged the council to have a kick-off meeting (tomorrow) so we can get clear direction as to whats acceptable.  Well show you the revenues and uncontrollables so you have a clear understanding of the starting position, and get input as to where we go.   A straw poll of the councilors indicated all were available for an advisory meeting tomorrow evening at 7:00 p.m.  Councilor Moriarty suggested they determine the rest of our schedule tomorrow night.  

V.      CORRESPONDENCE

VI.     NEW BUSINESS   

VII.    EXECUTIVE SESSION re: hardship abatement and personnel matter.

Respectfully submitted,


Nadeen Daniels
Town Clerk