Town Council Minutes 5-23-2005

MINUTES       
                             CUMBERLAND TOWN COUNCIL

                            Town Council Chambers, 290 Tuttle Road
               
Call to Order - 7:00 p.m.
Present: all present

I.      APPROVAL OF MINUTES:

Ms. Groom's seventh grade middle school students were in attendance to present their Project Citizen Group titled "A Walkway To Remember.  Presenting were Holly Bowman, Brianna McGinty, Emily Chesney, Taylor Roche, Jordan ?, Megan Richards, Haley Sanborn, Anissa Polack and Janay ?.  The project is intended to increase interaction between the community and the residents of Island Commons.  Fourteen seventh grade students visited the Commons and heard from the residents a desire to add more room to walk around the property.  As a result, the group determined a flat walking path would be a wonderful project for the life of the assisted on the island
The plan meets the ADA"s requirements and consists of a 407 foot pathway constructed of pavement, gravel, and loam.  The group urged volunteers willing to offer assistance with finances, equipment and/or labor to contact MSAD 51 Volunteer Coordinator, Melissa Skahan.  The group has applied for a grant to help defray the $15,000 project cost. Councilor Damon questioned how the group envisioned this project would improve the social interaction of the Commons residents?  The students believe interaction will likely increase due to the increased number of visitors the new path will draw.  There are plans to stake the path June 20^th.  The students have done a lot of good leg work that someone could pick up & and easily implement, noted Manager Shane.

II.     MANAGERS REPORT:

III.    PUBLIC DISCUSSION:

IV.     LEGISLATION AND POLICY:

05  071.       TO HOLD PUBLIC HEARING TO RECEIVE AND ACT ON THE
               RECOMMENDATIONS OF THE CHANDLERS COVE
               ADVISORY COMMITTEE.


Manager Shane deferred to Councilor Moriarty who explained that the January 24, 2005 Council meeting included a discussion of the current status of the Chandlers Cove Beach. The council decided that night to create an advisory committee, which was appointed on April 11, 2005.  The committee shared their recommendations at a public meeting on the island held May 12, 2005.   Advisory members attending this evening included Ted Houghton, Ken Hamilton, John Martin and Leila Bisharat.  Ms. Bisharat explained the committees recommendations represent over nine hours of committee time. The committee went ahead with a good deal of conviction that these recommendations needed to be before the council in time for summer.  Ms. Bisharat described the property, purchased from Mabel and Sanford Doughty in 1985, as a very cherished heritage for the Chebeague residents.    The deed restricts the uses at Chandlers Cove to conservation and recreation purposes.  Slides representing past uses were shown, stated Ms. Bisharat, to remind ourselves of potential uses as we take back Chandlers Cove.  Town Manager Shane has arranged town public works crews to work 2-3 days on the island next month dealing with reshaping and regrading of the roadway; footbridges to the beach will be replaced; a walking path will be regraded and reshaped; and picnic areas recreated.  Ted Houghton presented the committee recommendations which included: Hours of Operation  park closed at 10 pm, unless with written permission from the town; Campfires  in intertidal area, require burning permits, and must be cleaned after each fire; alcohol and drugs  a sign will be erected stating alcohol is prohibited; Trash Policy  carry in/carry out; Dogs  on leash or under control at all times; and hunting  to be addressed as a long term policy; not as part of the present recommendations.  

No public comments received.

Councilor Turner questioned the leash language and Councilor Moriarty explained the language dovetails what has been adopted for Twin Brook.  Councilor Porter repeated his concern regarding alcohol and remarked the document does an excellent job of addressing those concerns. Councilor Damon explained the issues at Chandlers have been a long term concern for her.  She thanked the Manager for his support in bringing this forward.  There are other issues we can tackle based on the success of this.  The Police Dept has requested these rules be adopted immediately on other Chebeague Island properties in order to provide a consistent policy for enforcement purposes. Chairman Stiles polled the committee regarding the request.  Ms. Bisharat stated she would not want to make this a blanket recommendation.  Instead, she recommended the appointment of a committee for the stewardship of Chandlers Cove and to provide recommendations on all the town-owned properties.  The Managers recommendation

should be their first order of business.  Councilor Damon requested the solicitation for volunteers be placed in the island newsletter.  

Motion by Councilor Porter; seconded by Councilor Damon to accept the recommendations of the Chandlers Cove Advisory Committee.
VOTE:   UNANIMOUS

Councilor Porter requested Item 05-073 be taken out of order while the Chandlers Cove representatives were present.

05  073.       TO HOLD A PUBLIC HEARING TO CONSIDER AND ACT ON

Section A of the ordinance has been clarified to include a description of brush  trees  slash.  The ordinance is amended to include a fee increase from $36.00 to $54.00 per cubic yard for construction demolition. We will not be implementing a pay as you throw program on the island.  

Mr. Ken Hamilton noted the high level of discretion given to an attendant via  a program that requires him or her to determine a fee based upon a cubic yard.  Manager Shane agreed there is a high level of subjectivity.  Well do the best we can to train our staff, but the ordinance does contain a standard measurement description of 8x3x3.25 for three cubic yards. Ms. Bisharat questioned the fees for cardboard waste.  The Manager explained the reference in Section D to cardboard does not include waste generated by residents.   

Motion by Councilor Porter
Seconded by Councilor Moriarty
VOTE:   UNANIMOUS


05  072.       TO HEAR REPORT FROM CHIEF CHARRON REGARDING THE
               CURRENT ACTIVITIES OF THE POLICE DEPARTMENT.

        Chief Charron gave a powerpoint presentation highlighting the current activities of the police department.  Department staff include a part-time animal control officer, three sergeants, one shared administrative assistant, one Chebeague Island reserve officer, one school resource officer, and three patrol officers, and the Chief.   
Mr. Hamilton asked about police interaction with elementary grade students. Ms. Bisharat  commended Officer Brewers work with the island parenting program and his




excellent efforts dealing with youth substance abuse issues.  Councilor Damon concurred, and expressed the value of Officer Dalbec to the school system and community.  The Town Manager added his thanks to the Chief for his efforts with the dispatch transfer.  He has handled the changeover while handling all his other day to day duties at the same time.

 
Councilor Porter noted there remains openings on the Board of Assessment Review, the Lands & Conservation Commission, and the Prince Memorial Library Board.  There was discussion relative to the addition of an alternate member to the Board of Adjustments & Appeals.

Motion by Councilor Porter, and seconded by Councilor Kuntz to appoint Christopher Cyr; David Young, students Bea Wood, Julia Calder, Kelsey Ouellette, and Eddie Broadhead to the Solid Waste Advisory Committee; and Brian Bickford, Val Halla Board of Trustees; and Peter Wilson, Board of Adjustments & Appeals; and John Stroud, Rines Property Committee.  
VOTE:          UNANIMOUS

Manager Shane explained the sewer users were mailed a letter last week regarding the impending fee increase. The increase is a result of the $6.2 million dollar upgrade to the Falmouth treatment plant, and totals 16%, effective July, 2005.  The yearly increase represents $79.20 to the average user.

No public comments.

Motion by Councilor Porter; seconded by Councilor Damon to authorize the sewer rate increase for the 05/06 fiscal year, July 1, 2005 through June 30, 2006, as proposed by the Town Manager.
VOTE:          UNANIMOUS







Councilor Damon requested to take Item 05-080 out of order.

This property has been in foreclosure for some time.  It is a small piece of land at 40x120. $1,800 is owed in back taxes. The Islands Committee has recommended the lot be conveyed back to the homeowner.  The owner intends to sell the property to a fisherman who will utilize it to store lobster traps and boat.  The Islands Committee was requested by the town to consider the request.  Three options were proposed by the Committee:  (1) let Wetham acquire the parcel by paying the back taxes; (2) conduct a public auction; and (3) retain the parcel for undetermined future uses.  The committee discussed all three options and voted unanimously to reconvey the parcel to Mr. Dyer for sale to Mr. Whetham.  The committee felt that through an opportunity to establish a lobster business on Chebeague, Mr. Wetham may be better able to purchase an island home in the future.

During public comment, Mr. Hamilton stated he is pleased with the action of the council.  Youre doing the right thing by reconveying the property to Mr. Dyer.  Councilor Porter, however, noted the Lands & Conservation Committee has not reviewed this proposal and he believes they should sign off on it as well.  As such, he would prefer to table it in order to treat all land in the Town of Cumberland the same way.  We need to follow our own rules and ordinances.  Councilor Damon suggested the Islands Committee is more familiar with island land and as there is no island representative on the Lands & Conservation Committee, it was appropriate for the Islands Committee to review it.   She also feels the spirit of the intent for review was met through the Islands Committee review.  Councilor Storey does not see it necessary to seek Lands &
Conservation Commission review.  Under this circumstance I dont think its necessary.  Councilor Moriarty read from the policy, after which he stated he is inclined to say the Islands Committee has stepped into the shoes of the Lands & Conservation Commission in this one issue and in that sense were sticking to the spirit of the policy, if not the letter.  The small size of the lot influenced Councilor Moriarty to feel the review by the Islands Committee was sufficient.   Councilor Porter, however, believes this action sets a precedent.  Lets include the Islands Committee if they should be a part of the process.  Chairman Stiles felt the point valid, and believes there is no urgency to dispense with the item this evening.  I think we should obey our own rules.  Councilor Kuntz requested a legal opinion regarding changing the policy. Councilor Turner stated if unique enough in circumstance where you will not necessarily have it arise again accepting the review of the Islands Committee is not contradicting ourselves.






Motion by Councilor Storey; seconded by Councilor Damon to reconvey tax acquired parcel, Map I01, Lot 36 to prior owner Kenneth Dyer, after the back taxes and administration costs are paid.
VOTE:          PASSAGE 5-2  (Chairman Stiles and Councilor Porter opposed)

Motion by Councilor Kuntz; seconded by Councilor Moriarty to set a public hearing date of June 13, 2005.
VOTE:          UNANIMOUS

Motion by Councilor Kuntz; seconded by Councilor Damon to set a public hearing date of June 13, 2005.
VOTE:          UNANIMOUS

A Workshop with the Val Halla Board of Trustees will be held on June 6, 2005.
Councilor Damon expressed her intent to vote against this proposal.

Motion by Councilor Storey; seconded by Councilor Porter to hold a workshop June 6, 2005.
VOTE:          PASSAGE 5-2   (Kuntz and Damon)

Manager Shane explained there are several issues surrounding the plowing of private roads. Two in particular concern to him include the Maine Tort Claim Act and the personal liability of town employees while operating town vehicles on private roads.  
A public easement can help to protect the town and employees from these two concerns, and at a minimum, he recommends public easements be in place for all existing roads before any plowing activity occur next winter.  Homeowners of other roads seeking winter services in the future must be bring the road to a standard acceptable to the town.

Chairman Stiles suggested the council consider granting easements only. Councilor Porter disagreed, stating if a road is brought up to town standards we should accept the road, and further, does not believe the town should plow private roads.  Councilor Kuntz finds the proposal intriguing, noting this would take the town out of the liability loop for repairing and maintaining those roads.  Councilor Damon feels the town should look at each road individually, rather than a policy for all.  Depending on the individual circumstances, it might need a different response.  Councilor Moriarty suggested a workshop to discuss the proposal further.  In preparation, he would like to receive an update regarding the status of the individual road easements.  He concurs with Councilor Porter that if the road is built to our standards we have an obligation to accept it.  

Town Manager Shane stated we are not yet ready yet to amend the contract.  He instead requested authorization to amend the contract zone agreement with Mr. Kennedy to transfer property between the town lot and the future Sea Fax lot for consideration of utility and road improvements into the town owned site.  After discussion, it was felt more information was needed.  Councilor Storey believes the item

Councilor Moriarty moved, and seconded by Councilor Storey, to table this item until we complete tonights agenda.
VOTE:          UNANIMOUS









V.      NEW  BUSINESS:

TURNER   None

DAMON  None

STOREY   Election tomorrow re: SAD budget process.

KUNTZ  None

STILES  voting booths are set up for tomorrow

MORIARTY  Neighborhood meeting May 31st for the Val Halla neighborhood re: changes that have occurred at the Greely Road side of Twin Brook; ZBA quorum issue  possibility of adding advisory members.

Councilor Moriarty moved, seconded by Councilor Turner, to request the Town Manager to seek draft amendment language from the town attorney to allow for an alternate member or members for consideration at our next meeting.  Councilor Turner added that the addition of an alternate was long supported by the ZBA board members.    
VOTE:   Unanimous

PORTER   Encouraged Chairman to continue the tradition of sending mailing to residents re: Farmers Market.  The Planning Board workshop re: Route One Design Guidelines, the 8^th does not work for him.  He advocates for a different date.
Town Manager will seek alternate dates.  

Manager  received a design for placement of additional crossboards along the wavebreak.  We should receive quotes in the next week or so, and accomplish the changes over the summer.  

Moriarty  Will there be a Memorial Day parade?  Manager replied affirmatively, Mirror image of last year, to be coordinated by Glenn Hutchins.














VI.     EXECUTIVE SESSION  - Pursuant to MRSA Title 1, Section 405 (6)(a) Personnel Matters and 405 (6)(c) Real Property/Economic Development.

VII.    ADJOURNMENT