Town Council Minutes 7/8/2002
TOWN OF CUMBERLAND
MEETING OF THE TOWN COUNCIL
TOWN COUNCIL CHAMBERS
JULY 8, 2002
I. Chairman Jeff Porter called the meeting to order in the Council Chambers at Cumberland Town Hall at 7:03 p.m.
Absent: Councilor Kuntz
II. Approval of Minutes
a) 6/17/02
Motion by Councilor Moriarty to approve the minutes as amended, seconded by Councilor Stiles.
VOTE: UNANIMOUS
b) 6/21/02
Motion by Councilor Moriarty to approve the minutes as printed; seconded by Councilor Stiles.
VOTE: UNANIMOUS
c) 6/24/02
Motion by Councilor Stiles to approve the minutes as amended, seconded by Councilor Damon.
VOTE: 5-0 (Councilor Moriarty abstained)
III. Manager's Report
Manager Benson introduced Police Chief, Joe Charron, who was present to request the Council"s position regarding a solicitation by Eastcoast Marketing on behalf of the Cumberland Police Department. The last solicitation occurred in 1999 and resulted in $12,000 to support the programs and activities organized by Officer Dalbec. Persons donating funds will receive tickets to a game between the police department and Red Sox alumni. Businesses also receive advertising opportunities through a printed program produced for the event.
Council comments:
Councilor Stiles questioned the status of Officer Dalbecs programs. Chief Charron indicated that although Officer Dalbec is no longer in the High School, he will continue the DARE program at the Drowne Road School during a portion of his regular work week.
Councilor Moriarty clarified that direct solicitation by the department is prohibited; there must be a third party intermediary. "Whether the department can negotiate a more favorable retention percentage among the 3 companies is an open question. However, the goal is worthwhile. In response, the Chief noted that the State requires any fire and police departments to use one of only 3 companies, with subsequent approval by the Attorney Generals office.
Councilor Damon stated her specific concern with the fundraising to be the large portion of the funds lost to the fundraising firm.
Councilor Savasuk explained he would abstain from voting because his involvement with the football program provides direct benefit from the Police Departments fundraising efforts.
He noted that the football boosters club has experience with this firm with beneficial results, which he attributed to the firms broad access to businesses in the greater Portland area, not just the town of Cumberland.
Councilor Storey suggested collectors produce an identification card affiliating them with the police department fundraiser.
No public comment was received.
Motion was made by Councilor Stiles to authorize the Chief of Police to use this funding source to raise monies for the Officer Dalbec (for lack of a better term) Program, seconded by Councilor Moriarty.
VOTE: 4-1-1 (Councilor Damon opposed; Councilor Savasuk abstained).
IV. Public Discussion
None.
V. Legislation and Policy
02 - 71. To hold public hearing to consider and act on liquor license application by Winn Road, LLC, d/b/a 137 Main Street.
Manager Benson relayed the applicants request that this item be tabled to a later date.
No public comments were received. Councilor Moriarty questioned whether existing code issues were being addressed, and the Clerk responded affirmatively.
Motion was made by Councilor Moriarty to table this item until we are asked by the applicant to place it on the agenda once again, seconded by Councilor Damon.
VOTE: UNANIMOUS
02 72. To consider and act on Swimming Pool License for Chebeague Recreation
Center.
Manager Benson noted that this item has received the proper inspection and approval by the Health Officer.
Motion by Councilor Damon to authorize a renewal license for the Chebeague Recreation Center, seconded by Councilor Storey.
VOTE: UNANIMOUS
02 73. To authorize Town Manager to execute lease with SAD 51 regarding athletic fields at Twin Brook.
This lease is the result of prolonged discussion between the town and SAD 51 school board, and relates to the construction of the new Middle School, the need for athletic fields, and meets the intended use by the Council at the time of purchase. The School Board has reviewed and approved the lease. The two major issues addressed in the lease involve the necessary permission by the Town Council to allow the installation of lighting, and the requirement for compliance with the Mass Gathering Ordinance. The school is responsible for building and maintaining the fields, roads, parking drainage and utility connections.
Council discussion:
Councilor Savasuk questioned how this lease would affect use by the Towns recreational sports programs not part of the school program. Recreation Director, Bill Landis, replied that the current agreements would remain in effect. The Twin Brook side is still controlled by the Town, with the town retaining first priority, and the school second priority. He suggested the Town and School representatives meet to work out the details of implementation. Items of discussion include the distinction of the names, and corresponding signage, etc.
Manager Benson clarified that this agreement references Exhibit A, the site plan for the (off-site fields area) Fowler side of Twin Brook, noting this agreement applies only to those fields and has been approved by the Planning Board. These are currently non-developed fields, which will be developed as part of the middle school project, and utilized by the high school.
Councilor Moriarty confirmed that neither Exhibit A nor B would allow for a thruway between the two halves of Twin Brook.
No public comment was received.
Motion by Councilor Damon to authorize the Town Manager to sign the agreement, seconded by Councilor Moriarty.
VOTE: UNANIMOUS
02 74. To set date for informational public meeting with State Senator Karl Turner and State Representative Terrance McKenney regarding property tax issues and possibilities for legislative reform or revision.
Manager Benson recommended a Chebeague Island meeting date of July 15th, 2002.
Motion by Councilor Moriarty to set a date of July 15, 2002, at 7 pm, to hold an informational public meeting with Senator Turner and Representative McKenney at the Chebeague Island Hall, seconded by Councilor Stiles.
VOTE: UNANIMOUS
Chairman Porter and Councilor Moriarty suggested the Council discuss with the representatives a future date for a similar meeting on the mainland.
02 75. Town Council assignments for FY 2002-03.
Upon review, the Council recommended the following appointments:
Archangel Committee Robert Humphreys
Chebeague Island Library Bd Trustees Councilor Damon
Cumberland/Yarmouth Jt Stndg Cmtee Councilor Damon
Councilor Moriarty
GPCOG Councilor Moriarty
Nominating Committee Councilor Storey
Councilor Kuntz
Councilor Porter
Prince Memorial Library Advsy Bd Councilor Moriarty
Recreation/Commnty Ed Advsy Bd Councilor Savasuk
Regional Waste Systems Board Susan McGinty
Budget Councilor Stiles
Val Halla Board of Trustees Councilor Kuntz
Liaison to Board of Appeals Councilor Storey
Liaison to Conservation Committee Councilor Moriarty
Liaison to Falmouth/Cumberland COC Joe Taylor
Liaison to Planning Board Councilor Porter
Liaison to Recycling Committee Councilor Porter
Liaison to CHAT (SAD 51) check status of cmtee
Liaison to Landing Committee defunct
Liaison to Islands Committee Councilor Damon
Liaison to Cable TV Regulatory Bd Councilor Porter
Cousins Island/Wharf Agrmt Cmtee Councilor Moriarty
Councilor Damon
Housing Committee Councilor Stiles
County Budget Committee Councilor Kuntz
Stone Wharf Committee Councilor Moriarty
Councilor Damon
Councilor Savasuk
VI. Correspondence
Councilor Damon Still receiving letters regarding the assessment. People are meeting on Chebeague to talk about possible tax reform initiatives and islanders are looking forward to next weeks meeting with Cumberlands representatives. Islanders are pleased with the early mowing of the sides of the roads. The ME DOT meeting was well attended. She has received calls relating to certain road name changes as part of the E911 process.
Councilor Moriarty Distributed a letter from Nick Pascarella thanking the Council for granting him the Kimball Award.
Councilor Stiles Is going to be a grandfather again, for the 12th time!
Manager Benson A letter from Susan McGinty requesting a late August or early September timeframe to meet with the council in workshop regarding recycling. Requested the Council review the invitation from the Gorham Fire Department.
Chairman Porter Asked about the letter from ME DOT regarding the 2000 census changes. What is the impact of this new designation? Manager Benson will request the Public Works Director to review this item with the Council at a later date. Mentioned the West Nile Virus and asked that the information be placed on the website. Received two letters regarding the revaluation.
VII. New Business
Councilor Damon Referenced item number 97-112, adopted on 9/08/97, authorizing the 1997 revaluation by Vision Appraisal. She would like a similar item on a future agenda, when it is appropriate . Concerned that the assessment process as described by Vision Appraisal does not match the actual process undertaken . Chairman Porter replied that the Council would vote on the commitment on July 23rd. Manager Benson recommended that the Town request an opinion from the Town Attorney regarding this item. Councilor Moriarty noted the Revaluation Committee would likely present a final report to the council. At some point after the commitment is made, it would be good to invite the committee in to deliver their final report. Councilor Stiles expressed concern with holding a meeting the same night the Council is asked to set the commitment and questioned the consequences if the assessment were rejected based on the fact it wasnt what we bought. Councilor Savasuk supported receiving guidance from counsel. He stated if there is some disagreement as to the values, thats not for us to decide or not; we have to make it clear what were accepting and for what purposes. If theres any acceptance or not of the individual assessments, theres an appellate procedure. By accepting it, were not agreeing that the assessment was right or wrong. But at some point in time we have to agree that were going to accept this for tax purposes only and then abatements can occur separately. Manager Benson agreed to confer with the Town Attorney regarding this matter and suggested a workshop could be held next week if the council desires. Chairman Porter announced that the Council would wait to hear from the Manager and move from there. The Council will have another opportunity to discuss this when the revaluation committee makes its recommendation. Councilor Moriarty suggested the Manager research the l997 revaluation records for relevant correspondence from the Town Attorney.
Councilor Storey Suggested receiving emails from citizens through the Town website, addressing them at the beginning of each meeting, and recommended notifying the residents via the public access channel.
Chairman Porter Mentioned the CMIT cruise to be held July 27th to view the 20 islands that are part of Cumberland. Distributed an article regarding mosquitoes and browntail caterpillars and referenced a quote by Dick Bradbury stating he is encouraged by the preliminary results of an alternative, experimental program designed to eradicate browntail moth: spraying a baculovirus which occurs naturally and attacks only browntail moth larvae. It has not shown to be harmful to humans or lobsters. Received an invitation to the September 9th Governors Annual Affordable Housing Conference. Encouraged councilors to review the article on tax reform proposals as printed in the June issue of the Maine Townsman. Noted that the Town of Cumberland has initiated a new program of notifying residents of renewal dates for automobile excise.
Councilor Moriarty The Maine Supreme Court on June 20 affirmed the Superior Court decision regarding ME DOTs taking of the Blanchard lot by eminent domain. Last week the Blanchards filed a motion for reconsideration with the court. At this point, no written submission is necessary from the town; we simply wait to hear further from the court. He questioned the status of the Hope Island mediation. Manager Benson replied he understood the mediation is over. The mediator will be furnishing both parties with a report. Councilor Moriarty noted he met with the Land Trust last week regarding the Gosselin property purchase. They have requested a brief letter summarizing the towns goals for the property, suggesting it would be helpful in their efforts to raise money to offset the purchase price. Councilor Moriarty offered to write the letter to suggest the Council envisions some sort of housing in the upper portion, and preservation and public access to the lower portion, and to the shore through the lower portion, pedestrian only. Chairman Porter noted that the Council has had only a brief amount of time to consider the use of this property and requested the letter be broad enough so as not to handcuff the Council. The Prock Marine analysis identifying various repair items has been considered and voted on by the Stone Wharf committee. The Marine Subcommittee has focused on extensions to the stone pier and the placement, size and design of a wave break. At Wednesday evenings meeting the committee will discuss the subcommittees recommendations on a wave break and pier extension. They are anxious to get before the council fairly quickly with their recommendations and to encourage the council to borrow the money to put the repairs in motion. He sought the Councils preference for receiving this item; workshop or formal meeting, and recommended a workshop date of Wednesday, July 24. The meeting will be held on the island so the repair issues may be seen firsthand. The proposed meeting date will be discussed with the committee on the 10th.
Manager Benson the purchase and sale agreement for the land on Chebeague has been signed by the Town and Betsy Gosselin. Ms. Gosselin will circulate it to her co-owners. He confirmed a date with Councilor Damon of July 24th for three soils test samplings.
VIII. Adjourn to Workshop: 8:32 p.m.
a) Policy re: Hunting on Town Forest property.
Manager Benson has received several phone calls and one letter from individuals familiar with efforts of the Council to prevent hunting in Twin Brook. He noted that the No Hunting/Recreation Area signs have been effective at Twin Brook, and suggested something similar may be effective near the Drowne Road School and trails. He referred the Councils attention to a correspondence from the Conservation Commission that recommends posting the Town Forest for Hunting by Permission Only. They propose the Police Department hold responsibility for authorizing hunting. Recreation Director, Bill Landis, reported he has received similar comments from teachers at the Drowne Road School. He described the Drowne property as a fairly remote area where bow hunting would be perfectly acceptable.
Chief Charron indicated receiving only one complaint last year regarding the Town Forest, and none regarding Twin Brooks. In response to a question from Chairman Porter, the Chief indicated that he recalls no problems in the past with hunters in the vicinity of the school property.
Council Comments:
Councilor Storey referred to the dialogue that has occurred in Yarmouth regarding Pratts Brook. He indicated State law mandates a hunting distance of 500 from a school, and 100 from a dwelling. He feels the area behind the Town Hall could also be considered an historic site, which requires a 300 boundary. Councilor Storey expressed he would much rather have somebody shooting off a trail, than be off the trail shooting towards the trail. He suggested a process where a hunter would register their intent to hunt Town Forest property at the time of purchase of his/her hunting license. Then, when hunting, the Police Department would authorize permission. Councilor Storey would like to see the area stay open to hunting.
Councilor Moriarty suggested the Town post the 500 (safety zone) from the school, at a minimum. He is not interested in restricting hunting in the Town Forest beyond the school perimeter. He questioned whether by virtue of blazing and marking the trail it triggers some state law providing for 300 buffer on either side Mr. Lagomarsino, of North Yarmouth, responded that it does not, because it is not a state park. Councilor Moriarty does not see the argument for hunting by permission and suggested requesting clarification from Inland and Fisheries regarding the definition of posted trails.
Councilor Stiles described Cumberland as overrun with deer . He feels town-purchased property is for the use of all the citizens; and some of the citizens like to hunt. He concurs with identifying the boundaries of the school property and stated, we need to make sure we have people who are minding the rules, but Im not in favor of eliminating hunting of any type.
Councilor Damon concurred with the assessment of an overpopulation of deer, and indicated that some communities have resorted to hiring sharp shooters. She also supports posting the school boundaries.
Chairman Porter stated he has no interest in restricting hunting , and supported posting the area within 500 of the school.
Public Comments:
Gene Lagomarsino, North Yarmouth, explained that state parks are posted No Hunting from May to December, but beyond that date its left to the discretion of each State Park. Case in point is Bradbury Mountain state park. The left side has no hunting, the right does. Also, he said the 300 setback rule is not a state law and does not apply to Pratts Brook. If its a trail that is not posted it does not apply. He mentioned Peaks Island spent $59,000 to take care of 300 deer. Its an expensive solution. He suggested Sergeant Peppard, of Inland Fisheries, is available to explain hunting policies and procedures and supply signs to towns, and urged the council to keep it simple.
Randy Reynolds, Woodside Drive, encouraged the Council to post 500 from the school. He hunts trails across Maine and noted that the 300 is a selected regulation, not a state law. He believes posting of the fields at Twin Brook was a good thing because there are 3-4 wide-open fields, very different from the Town Forest. He described hunting as one of the safest recreational sports in the State. The people most concerned about safety are the hunters themselves. Lets not overreact.
Chairman Porter articulated the consensus of the council to leave things as they are, post the area 500 feet from the school property, place signage at the entrances to the property indicating hunting is allowed, and consult with Sergeant Peppard to receive clarification on the use of the trail system.
Motion by Councilor Stiles to adjourn at 9:09 p.m., seconded by Councilor Moriarty.
VOTE: UNANIMOUS
Respectfully submitted,
Nadeen Daniels
Town Clerk
