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Town Council Minutes 4-25-2005

MINUTES
CUMBERLAND TOWN COUNCIL MEETING
MONDAY, APRIL 25, 2005

Present:  Chairman Stiles, Councilors Moriarty, Storey, Savasuk, Kuntz

Late Arrival:   Councilors Porter & Damon

Excused:        Town Clerk, Nadeen Daniels


CALL TO ORDER:  Chairman Stiles called the meeting to order in the Council Chambers at Town Hall at 7:02 pm.

I.      APPROVAL OF MINUTES:
               
        April 11, 2005

        Councilor Moriarty moved to accept the minutes as written.

        Seconded by Councilor Kuntz.                              VOTE:  IN FAVOR  5
                                                                ABSTAIN  1  (Savasuk)

II.     MANAGER'S REPORT:

1.      Kevin Foster, 67 Blanchard Road,  awarded Governor"s Service Award for Youth Volunteer of  the year.

III.    PUBLIC DISCUSSION

        
Chairman Stiles opened the Public Discussion portion of the meeting at 7:04 pm.

        There was no discussion.

Councilor Porter joined the meeting at 7:09 pm.


IV.     LEGISLATION & POLICY

05-56.  To hold public hearing to approve and issue a Mass Gathering Permit for the Bonny
Eagle Car Show, Cumberland Fairgrounds, Sunday May 15, 2005 from 6 am to 5 pm.

Jim Durgin, Bonny Eagle Football Boosters, explained the car show would be one day this year, instead of two days as last year.   

Manager Shane stated that Health Officer Eileen Wyatt had emailed him with some concerns:
·       Name of contractor for portable toilets
·       Number of wash sinks
·       Cell phone number of person in charge


Councilor Moriarty moved to approve a Mass Gathering Permit for the Bonny Eagle Car Show, to be held at the Cumberland Fairgrounds, May 15, 2005, from 6 am to 5 pm. conditioned upon the satisfaction of Health Officer Eileen Wyatt.

Seconded by Councilor Kuntz.                          VOTE:  IN FAVOR   5
                                                                                                         OPPOSED:   1  (Porter) 

05-057. To hold public hearing to authorize the conveyance of property for a second Habitat for Humanity Site.

Steve Bolton, Habitat for Humanity, stated that radio station Frank 107. FM conducted a fund raiser for the Habitat for Humanity.

Stan Benning, Operations Manager for 107 FM, stated that the proceeds from the fundraiser would be used for the Cumberland Habitat for Humanity home.

Peter Bingham, 19 Brook Road, stated that there has been  tremendous enthusiasm for the first Habitat For Humanity home.  The Habitat Walk on Good Friday raised over $20,000.
He is in favor of the second Habitat for Humanity Home.

Michael Frost, 50 Frost Ridge Drive, expressed concern about the water issue. He had a gallon, but is now down to 2 quarts per minute.  

Michael Perfetti, 283 Main Street, stated that he is the Chair of the Habitat for Humanity fundraising subcommittee; the goal was to raise $88,000  for the home, $80,000 of which goes to the cost of the house, and $8,000 goes to the Habitat for Humanity their international fund.  To date $79,451  has been raised.
$5400 has been pledged but not collected.  Average price of home in 2004 in Cumberland County was $225,000.  The average salary was $37,000 in 2004. Mr. Perfetti is in favor of the second home

Sally Bancroft, 224 Tuttle Road, Chairperson for Steering Committee for Habitat Build, stated she is in favor of the second Habitat for Humanity Home.

Linda Jones, Yarmouth, expressed support for the second home.

John Martin, 11 Oak Ridge Road, inquired why council donated that property. The acreage for that area is 2 acres per house.   It is an expensive piece of property with known water problems and that piece of property is not a good choice for home.

Manager Shane answered that the property is a tax acquired property and no taxes paid on it for 50 years.

Chairman Stiles stated this piece of property made the most sense for building homes for Habitat for Humanity.  A buildable house lot ranges from $90,000 to $140,000.

Councilor Porter:  2nd well drilled for 2nd home. Do not share well.  Tax acquired property, not cost town anything
Water problem will be address by habitat.  Site meets all requirements to build house.  

Keith Moulton, 11 Winn Road, stated he has been trying to find reasonable rent. Supports 2nd home.

John Bixby, recently moved from town,  Commend council for decision. Resources are there. Savages living in 1st house. Minister of church. Number of volunteers eager to help. Supports 2nd home.
Money raised near 30k.  

Don Hawkins, abuttor to new house, dont know what will happen with water. Will be affected due to lack of water.  Likes new layout., pave road? Pave for 3 houses.  Welcome folks from hfh to neighborhood.  What if well goes dry? What will happen? Will be his responsibility.  

Shane:  paving contr willing to work to make it happen

Stiles: hfh jmake sure water is sufficient.
Marginally buildable lots. Have water and septic problems.   Like to se 20  homes in town.

Porter:  done homework; walked all lots in town. Cant answer about water.  Hfh responsible lot owner,  
Hfh get challenging sites.  Hawkins had better water situation. Oldest well on hill on mill road.  Sister had to have well hydrofractured.  

Steve:  first house condition water be tested.

Shane: if water test did not work out, lot goes back to town.

Steve: same condtions with 2nd home?  Draft contract for review?

Shane; wait for road to dry up to get well driller in.

Bill MacFarland, wild way, suggested that the well be deeper., well is 360. Give storage capacity on 6 casing..

Steve from hfh well driller went 700

Adam Herman, greely road ext., live across road from savages. Not done homework concerning water issue.
Lot more done concerning water. Lived there 26 years.  Look at water issue more.

Steve: no guarantees

Michael Frost, static level?

Steve hfh: info from well driller

Steve:  ranch home, 1st home. Same footprint for 2nd home?

Steve hfh: same type of home

Councilor   Porter      moved to authorize the Town Manager to develop, for Town Council approval, an agreement with Habitat for Humanity to begin a second Habitat for home on the Greely Road Extension site.

Seconded by Councilor Savasuk.                       VOTE:

Discussion: Savasuk, council spend lot of time discussing what pieces of property available.
What each home would cost taxpayer. Take property and sell off. Value of property is valuable because being being given to something good. Previous home had conditions. Same conditions, he would vote in favor of second home.

Porter: dont need conditions now.  Home not conveyed if not buildable.

Kuntz: fantastic opportunity to reach out families who are not as fortunate. Owns  3 houses. People not as fortunate. Time to give back.  

Storey: like to see when lot cleared, sell wood and turn back into project.  

Porter: why now?  Wanted to build 3 homes.  Reasons: unique oppor from 107.,5 , great oldies music. Raised a lot of money. Move forward with donation of land, fundraising money going to new home. Poverty rate is between 2 and 3 %.  Family and friends cant afford to move back to town.  Property now on tax rolls.  No tax money to acquire property.  Property reverted to town.  

Shane: damon will be late for meeting, supports project.  

Stiles: candidates for new home?

Porter: 2 familes went entire project.  Savage first pick. Have other family already to go

Steve: if motion carries tonight, project back on agenda in future?  Same conditions as first house

vOTE: uanimous


05-58.  To hold public hearing to adopt a "Pay as You Throw disposal program requiring a fee for designated trash bags.


Shane: must decide tonight if going forward with payt program.  .23 increase in milrate. Payt with no free bags: no increase.  2 per bag will increase millrate : .09

Bill macfarland, 51 wild way, against payt program.  Hides true cost of government.  Pay for boats, cars, supported cost of ambulance service.  
Pay for kid in school?  Dont have to do what Falmouth does.  

Steve: dump closed, took away free service.  Cant pick up waste for free.  If carried tonight, cost still included in tax rate.  Cost of disposable in tax rate. Skyrocketing. Proposal changes part of pick up cost. Take cost of tax rate, pass on privately to home owner.  Wont be paying what neighbor throws away. Pay for own trash  thrown away.,  

Stiles: as a town, not doing as well as neighboring town on recycling.  Had citizens committee giving options.
Suggested to make recycling more important. Learning how to recycle. Had 2 people opposed to it. Has not had much outcry against

Savasuk:  initially against payt program.  Convinced is a good program. Need clarification.
By going to payt program, the more we pay for bag, the more tax savings.  Increase in budget if payt program voted in. highest one 3 dollar per bag, no change.  

Shane: if continue on as is, will pay 200k for solid waste next year.

Mike: so much per house based on value of home.


Shane: already factored in budget.  If go to payt program tonight, save 200 k the first year.  If not go with payt program, add 200 k into fy 06 budget.  


Jeff: chart in front of us, already has built in budget if payt program voted in.      

Storey: no free bags, pay as you go.  Either go with sticker on bag, or twisie with town of Cumberland
Printed on it.

Stiles:  get people to recycle.  If not work, go with harlands choice.  People use one bag and recycle.  

Councilor damon arrived at 8:15 pm


Don Hawkins, recycles everything.  Consider if trash hauler sees no recycablee, can just take trash?
Penalty to people who does not recycle?

Storey: did happen on middle road.  Had 10 bags.  Left it behind.

Lynda Jensen:  recycles, not as much should, separate vehicles for trash and recycles.  
What do you recycle? Need to have  info out more consistently

Stiles: first year have education campaign.  
Porter: on website and on channel 2.  

Kuntz: sticker should have recyclables printed on it

Macfarland: get decent size bag for first bag  rws charge for ton>

Shane: charge for trash only by ton,  how much to gate;  5 year rolling aveage on trash

Porter: Falmouth recycling rate better than Cumberland. Pay for Falmouth, yarmouth  & Portland

Bingham: proposal?  
Shane: everyone pays, bags 1.50 each


Damon:  more education on recycables; 1 free bag; refrigerator magnet with recycling info.; haulers inconsistent with what they take.  If resident at end of day, dont take everything. Left some recycables behind. Brush pickup, does falm have brush pickup.  Need silver bullet; brush facility still be in operation?
Will plastics be expanded; trash compactors; xmas trees picked up?  When go into effect?

Shane: sept 1

Damon: cheb island?  100% felt happy to pay for construction debris.  Did not feel have to pay for bags if taking trash to transfer station.

Councilor Porter  moved to authorize the Town Manager to include a Pay as You Throw trash disposal program in the FY 2006 Budget per the attached recommendation which includes:

a)      1 free bag per mainland resident
b)      Each additional bag shall cost $2
c)      Additional demolition waste fee/reductions for Chebeague Island
d)      No PAYT program on Chebeague Island for FY 2006
Status quo: kuntz opposed
 1 free bag  5 for 2 against ( porter, moriarty.

cheb island:  no one in favor.

no payt on cheb: against: Savasuk and porter.

1.50 per bag is fine, no free bag.  Increased dem on cheb is fine. No curbside pickup. Pay for bags and then drive to deliver it.  

Jeff: payt proposal: one free bag.  Elderly people can get away with one bag. 1988 pays 58k for waste disposal. Now over 1m. 1 free bag. Pay for next bags.  Silver bullet contains extra junk. Forces entire load to be sent off as trash.  150k to 400k savings per year

Storey: no free bag. Pay 1.50 per week and save 100 on tax bill at end of year.  

Damon: price for door to door on cheb?
Shane: 70k doesnt include barging costs.  Take off every week
Damon: other truck for recycling?
Shane: no
Damon: dont think it is fair to bring trash to station and pay for bags.  Cheb recycling more than mainland.

Storey: no free bag not include cheb island

Bill m: 1 free bag nighmare to administer.  Pay for all bags at smaller price

Bob simonds: no free bag; how much does town still pay for trash;
Shane: required by law to provide place for disposal; dont have to pick it up.
Steve: contractor make sure trash gets to rws.
Shane: contract to rws til 214
Simonds: rws bill comes in form in number of tons; penalty for being small recycler;
Shane: rws based on volume of trash;
Porter: Cumberland had more recycling in beginning; tonnage amount; not charged for recycling.
        Everyone at same rate on assessment.
Storey: we will see our amount of trash decrease by 10%. Dry trash, not wet
Damon: so affluent; two people working, kids never home; no one has time to sort trash. Is 1,50 per bag going to make a difference.

Motion: steve: motion based on head ocunt

Authorize town manager  includes 1 free bag per mainland res.  2 per bag.  Demo cheb island
No payt cheb for 06
Second damon
Storey: amend no free bags:  damon second;
Savasuk: 1.50 per bag;  
Steve: cost per bag: 1.50
Second: vote: damon & Savasuk vote against
Amend: no free bags. 1.50 each
Vote:  damon, porter, kuntz against
Motion: to no free bags. 1.50 each bag. Demo. No payt cheb
Damon: vote on each indiv
Moriarty withdrew original motion;
Stiles: call motion to author& no free bags. 1.50 no payt:
Vote: donna kuntz porter

Kuntz voted no because motion is unfair to peop;le who cant afford

Damon: chart showed that was 250k or less, payt would cost more; wouldnt get percentage on tax savings. The small the bill, the smaller the savings. Lifelong residents on fixed incomes. Affordable housing.
Cost more for bags than what would save on taxes

Porter: 206,500 or less, 1 bag per week, better to go payt. Painful to vote against something good for town,]
Willing to compromise  on  1 free bag and cost of additional bags. Not opposed to recycling. Will hurt low income people. Regressive.

 Moriarty: pay per bag is regressive. One bag not enough for families, even if they recycle.
Porter: where are the savings? Not see in mil rate. Manager put budget together assuming payt would pass.

Stiles: go either way. Audience persuaded to go one free vbag



05-59.  To hold a public hearing and to authorize the Town Clerk to hold elections for MSAD 51 for the Validation Referendum on May 24, 2005.

Shane: administrative matter. Authorize to hold election for msad election

Councilor Porter           moved to authorize the Town Clerk to hold elections for MSAD 51 for the Validation Referendum on May 24, 2005.

Seconded by Councilor  savusuk                        VOTE:  unamimous
Damon: why is the official ballot posted at comm. Hall?
Shane: post outside polling p
05-060. To hold a public hearing and to set a date for adoption of the Fiscal Year 2006 Town of Cumberland Municipal Budget.

Councilor    storey        moved to set a public hearing date of May9, 2005 to consider and adopt the FY 2006 Municipal Budget.

Seconded by Councilor  savasuk                         VOTE: unanimous

Shane: power point on fy 06 budget.
Need copy of powerpoint presentation.
Damon: state pay for ½ of homestead?
How many dispatchers.
Shane:  2 dispatchers left. Contracting services with yarm.  35k savings.

V.      NEW BUSINESS

Councilor Savasuk: resignation from town council. Partner retired. Kids going to college. Spend more time with them. Time on council rewarding. Thank councilors for patience.
Councilor Damon:  none

Councilor Storey:none

Councilor Kuntz: appreciate comradeir with mike

Councilor Stiles: copy of new vital records town report at town hall and library. 1893 to 1960.
Town manager   & I met with rep from town of north yarm. Go to school deptl numbers from school dept.
Move forward with school dept
Councilor Moriarty: report chandlers advirory comm. Made progress. Next meeting Thursday, april 28
Councilor Porter:none

Manager Shane: happy birthday to wife
               Speedy recovery to town clerk Nadeen daniels

Councilor moriarty      moved the Town Council enter into Executive Session   pursuant to MRS Title 1 Section 406 (6) (c) Real & Personal Property at
 
Seconded by Councilor kuntz                                  VOTE: unanimous

Councilor        moved the Town Council reconvene in Public Session to take action ad give the Town Manager direction on the following item:

1)      Real Estate on Chebeague Island Map I01 - Lot 36
        a)  Take possession
        or
        b)  Accept Tax Payment and release deed

Councilor           moved to adjourn.

Seconded by Councilor                               VOTE:



Respectfully Submitted,


Deborah Flanigan


 

290 Tuttle Road
Cumberland, ME 04021
Phone (207) 829-5559  
Fax (207) 829-2214