Town Council Minutes 6/10/2002

Present:  Chair Stephen Moriarty, Councilors Peter Bingham, Jeffrey Porter, Mark Kuntz, Harland Storey, Donna Damon and Michael Savasuk.

a)       4/29/02  and b) 5/23/02

               Chairman Moriarty referenced tomorrows election, extending his best wishes to both candidates. Councilor Porter is unopposed, and Councilor Bingham is a candidate for the School Board after serving two terms on the Council, two terms on the school board, and 5-6 years on the Planning Board.  Chairman Moriarty conveyed his appreciation to Peter Bingham, describing him as "a true public servant.  Councilor Bingham depicted his time on the Council as very fulfilling and thanked the Council, Manager and employees for their assistance.

With MDOT re: the Cousins Island Wharf Road Project.  MDOT will hold two informational meetings, one in Yarmouth on Thursday, June 20, at 7 pm; and another Thursday, June 27, at 7 pm, on Chebeague Island.

V.                Legislation and Policy.

02 - 51.               To hear report of Assessor on revaluation process.

Vision Appraisal, were present to provide a report on the revaluation process.  Additionally, Chairman Moriarty recognized members Bill Ward, Joseph Madore, and Jeff Daigle, Chair of the Revaluation Advisory Committee.  Assessor, Bill Healey, highlighted the following chronology of the revaluation process.  During an annual sales ratio study, completed approximately one year earlier, Bill revealed the town had dropped near the states minimum ratio level of 70%.  The ratio is calculated by dividing the assessment by sale price.  The further you are removed from market value, the greater chance of assessment inequities.  That was the case in Cumberland, where ranges of assessment ratio varied from 40% to 80%.  As a result, he performed a spot revaluation, followed by a full revaluation.  To complete a full revaluation, he had to choose between a full campusing and a statistical update.  He recommended a statistical update due to the fact that a revaluation had been completed six years earlier.  Vision Appraisal began their work in January; at which time another sales ratio study was performed, indicating the town had, in fact, dropped below the states minimum 70% ratio; a precursor to a State-mandated revaluation.  Vision Appraisal reviewed the sales data for the period of January 1, 2001 to December 31, 2001, and the process began in earnest.  Together they created building tables, based on trade publications and regionalization market adjustments; and land tables, based solely on land sales.  The tables were then reanalyzed to determine whether the assessments were at or below market value.  Particular areas within the town required only simple updating, while other areas required further analysis.  The revaluation consisted predominantly of drive-by analysis to distinguish areas of concern.  The Foreside was reviewed in March, and Chebeague Island in March/April.

just value. The notifications have been mailed, resulting in 262 informal meetings scheduled for the next two weeks.  However, those with extenuating circumstances will be reviewed up to the commitment date.  Once commitment is made to the State, property owners will need to follow the formal abatement process.  This process allows for a claim against valuation, not a claim against taxes, and involves a formal meeting with the Assessor where all aspects of the assessment are reviewed. If the property owner is not satisfied with the outcome of the meeting, a written abatement form, with specific requests, must be completed and returned to the Assessor.  The Assessor will review the written requests, and respond to the property owner in writing. If the owner remains dissatisfied, he/she has 60 days in which to seek an appeal with the towns Board of Assessment Review.  The third and final step is an appeal to Superior Court.  The Court will hear valuation appeals only, with no consideration given to tax concerns.  Bill concluded by noting that the informal meetings to date have resulted in a small number of reinspections. He considered the Revaluation Advisory Committee as beneficial to the process.

the committees process, which began February 25, 2002.  Their formal goal was identified as follows:  to assist professionals to ensure the revaluation process is as equitable and accurate as possible and to promote greater public awareness of the nature of the process.  Many formal sessions have been held with the Assessor, producing a thorough education of assessment policies and procedures.  A report of their findings will be issued at a later date, but he believes the committee has contributed valuable input resulting in either actual change or a notation for future change.  He expressed that the group is near democratic consensus on the mainland, and hope we are moving toward consensus on the island.  He expects their efforts to continue until the commitment date in late July.  Meeting agendas and notes are available for review by the public at the Assessors office.  Two public education sessions are scheduled the week of June 17th, one on the Mainland and another on Chebeague Island.

Council comments:

down from a current rate of $23.20, has been further reduced to $17.15 with the adoption of the budget and near completion of the revaluation.  The $17.15 rate represents an approximate 34% decrease from an estimated $24.65 tax rate in the absence of a revaluation.   The final tax rate is anticipated to be set by the Council at its second meeting in July.  

the Revaluation Advisory Committee whether bylaws or guidelines could be created from the committees process.  Committee Chair Jeff Daigle responded that the committee is creating a road map for future reference.  Committee member Bill Ward suggested that written guidelines could be produced through a workshop.

encouraged the Town to support change to the state-mandated process.  

02 - 52.               To authorize Town Manager to execute an easement on Wyman

resulted in the need for an easement from the Town for the purposes of installing a water line to the home.  The Manager requested authorization to execute an easement.  He will work with the Portland Water District to ensure that a water main, rather than water line, is installed across Route 9 to prevent the need for future digging.

Wyman Way to Portland Water District; seconded by Councilor Porter.  
               VOTE:  UNANIMOUS (7-0)

02 - 53.               To review design for existing fording site (Twin Brook) as permitted
                             by DEP.

number of improvements.  If approved by the Council this evening, the Town will receive a Permit By Rule allowing the Public Works Department to construct a wooden bridge.  In order to meet the conditions of approval, the project must be completed this summer.  Only pedestrians and maintenance vehicles will use the bridge. The cost estimate is between $2,000 and $3,000, utilizing town personnel.

submerged 6 into the streambed, with a 42 wide rip rap to allow for flooding.  He suggested the bridge concept, which was ultimately approved and preferred by DEP.  

suggested installing bollards at the approach to the bridge.  These would block access and could be removed when necessary.

seconded by Councilor Damon.
               VOTE:  UNANIMOUS (7-0)

02 - 54.               To set date for Public Hearing to consider and act upon the adoption of a
                             Contract Zone to allow the following uses in the Southern Office
                             Commercial district: Single-family, duplex and multiplex dwellings for
                             persons 55 years of age and older on 10,000 square foot lots, with 75 feet
                             of frontage, front setbacks of 25 feet, side setbacks of 12 feet, and rear
                             setbacks of 20 feet, and; Communication Towers in accordance with
                             Section 433.

Councilor Kuntz.

02 - 55.               To set date for Special Town Council meeting to swear in newly-elected
                             councilors.

Damon.

02 - 56.               To issue Commercial Hauler licenses for 2002/03.

Waste,Troiano Waste, and Waste Management.  

seconded by Councilor Kuntz.

02 - 57.               To authorize Town Manager to accept payment of foreclosed taxes

issue a quitclaim deed for the property identified as Map R-3, Lot 10A; seconded by Councilor Storey.

*Councilor Bingham:  Habitat For Humanity project in West Cumberland not likely at this point.  He hopes the town will continue to look at possible sites for such a project.
*Councilor Kuntz:  He received a few phone calls re: ATV activity in West Cumberland. He has spoken with Chief Charron regarding this issue.
*Councilor Porter:  Spoke about graduation activities.  He also received calls from two homeowners on Chebeague Island regarding the revaluation. He described their plight as heart wrenching.
*Councilor Damon:  The phone has rung non-stop with revaluation calls.  She noted inconsistencies as a major concern among callers.  Also received calls regarding school graduation.
*Councilor Storey:  Received calls regarding parking issues at the graduation ceremony.

*Chairman Moriarty noted that the Council would hold a special meeting Monday, June 17^th to swear in the newly-elected councilors.  A workshop will also be held to discuss the Chebeague Island Long Range Plan.  The Hope Island Mediation session would be held Friday, June 21^st at 9 a.m.  Four or more councilors expressed interest in attending and Chair Moriarty indicated that a majority of councilors present would  constitute a public meeting.  Therefore, an agenda will be created and distributed accordingly.  He also referred to a document the councilors received regarding the Route 100 intersection study.





        The Council went into Executive Session at 9:35 p.m.

Respectfully submitted,




Nadeen M. Daniels
Town Clerk