Town Council Minutes 1-24-2005

MINUTES
                             TOWN COUNCIL MEETING
                            Chebeague Island Community Hall

7:00 p.m. - Call to Order
Present  Chairman Stiles, Councilors Damon, Storey, Moriarty and Porter.
Excused  Councilor Kuntz and Savasuk.

I.      APPROVAL OF MINUTES

II.     MANAGER'S REPORT

Library has received a $3,000 grant for the heating system in the Chebeague Island Community Hall.  The repairs should begin soon.  The Manager announced that Dick Bradbury will be present at the March 14, 2005 council meeting to discuss brown tail moths.  Mr. Bradbury continues to recommend no aerial spray.  Fire Engine 5 slid off road and sustained damage to engine.  Engine 5 will need to be put out of commission for a period of two to four weeks.

III.    PUBLIC DISCUSSION

None.

IV.     LEGISLATION AND POLICY

05  010.       To consider and act on a Consent Agreement with James G. and
               Alison V. Brown regarding a sideline setback violation at 7 Surrey
               Lane, Map U05  A11.

               The Manager explained the issue began in 1974 when the owners at the time were granted a building permit for a garage and issued an occupancy permit.  The paperwork was issued and the requirements met.  However, thirty years later, while selling the property, the current owners have learned they are in violation of the setback requirements.  The Manager explained that the Code Enforcement Officer may issue a Consent Agreement, and charge a fee for same, which will be recorded in the registry and is tied to the property.  In essence, the violation stays intact, but the town agrees it will take no adverse action.  He recommended a $500 fee to cover the town"s legal costs.

               Motion by Councilor Porter to approve the Consent Agreement with

05  011.       To consider and act on the Chebeague Island Off-Premise and
               Class IA Hotel Liquor licenses.

               Attorney Bill Welch, on behalf of Martha Dumont, explained the council has two license requests before them; a renewal of the license issued last year.  However, the license category is being changed from a Restaurant/Lounge license to a Restaurant/Hotel license.  The guest rooms were not fully ready when the Inn opened for the season last year, necessitating the Restaurant/Lounge category.  The hotel will be ready this season, so the Inn has requested a Hotel License instead.  The second application requests an Off-Premise Liquor License in order to sell goods from the lower area of the Inn for take-out purposes. Again, this license was requested last year, but never issued.

               VOTE:         UNANIMOUS PASSAGE

               Motion by Councilor Porter, seconded by Councilor Moriarty to approve a               Class 1A/Hotel Liquor License.
               VOTE:         UNANIMOUS PASSAGE

05  012.       To consider and act on the addition of Article 18, Golf Cart Use on
               Chebeague Island, to the Cumberland Traffic Ordinance.

               The Town Manager introduced the item as a recommendation from the Police Chief.  There has been golf cart usage on Chebeague Island and the Chief has noted that an ordinance should be in place to permit and regulate such use.  The Chief prepared ordinance language and asked for review by the Islands Committee.  Upon review, the Islands Committee did not support the language as proposed.

               Beth Howe indicated "a lot of issues were raised during the review. In the end we decided maybe it wasnt a good idea.  The committee considered that the golf carts may create another kind of conflict on our roads.  We already have a lot of bicycles; this may encourage people to get golf carts.  We drive like we drive on the mainland, in a residential area.  With taxis and services for delivering freight, It just does not seem as though theres a strong necessity for these.  The committee asked for a definition of a golf cart.  Do they differ from an atv or electric car?  If adopted, the committee suggests there be no more people than seats, the cars have rear view mirrors, seat belts, child restraints and a built in horn.

               When asked by Councilor Porter for the genesis of the ordinance language, Officer Rich Brewer indicated that golf cart usage continues to increase on the island.  If theyre going to be on the island we need to regulate them and if were not, we need to prohibit them.  He responded that atvs and golf carts are two separate animals.  ATVs are not and will never be allowed on public roads.  Electric cars meet all of the DOT safety requirements governed by the federal law.  The state allows them in Maine where the public speed limit does not exceed 25 mph.  

               Mr. Houghton, believes that people who need to use it medically should be able to.   Mr. David Hill respects the Islands Committees view but those of us who use it and dont go near the golf course would find it lacking if we were not able to use it.  Mr. Tom Calder, who drives the island school bus and operates an oil and dump truck, says the golf carts are a hard vehicle to pass.  Theyre a bit of a hazard.   Officer Brewer replied that there was a single incident last year, but other than that, the operators are not operating recklessly.  Mr. John Ash suggested I dont view a slow moving vehicle any differently than a person walking and agreed that the carts make economical sense and parking wise they make terrific sense.

               When questioned by Councilor Porter how compliance with seatbelts would be monitored, Officer Brewer stated you cant enforce the seat belt law because they are not equipped with seatbelts.   Councilor Moriarty shared the standard use of golf carts on several area islands, including Long Island.  Theyre quiet, quick.  I cant imagine why you wouldnt want to try it as an alternative to the car.  Its a nice option and worthy of attempting under these regulations.  Councilor Damon expressed concern with the timing of cutting /mowing the sides of the roads.  Councilor Storey believes the carts come in handy for the elderly or those with handicaps. Its awful easy for an elderly to get in and out of it. And, you can put three of them at the Stone Pier where you can put one car.  The council requested Officer Brewer to bring problems forward so the ordinance may be revisited if necessary.

               Motion by Councilor Porter, seconded by Councilor Storey to approve the

ARTICLE 18.            GOLF CART USE ON CHEBEAGUE ISLAND

The operation of golf carts shall be permitted on the roads of Chebeague Island if in compliance with the following requirements:
(1)     The operator of a golf cart must possess a valid drivers license in any class.
(2)     Such golf carts shall be operated only in daylight, not earlier than one-half

(3)     Such carts shall keep to the extreme right of the roadway, shall not exceed a

(4)     Each golf cart shall be equipped with an auditory warning device, a visual

05  013.       To hold public hearing re: Regional Dispatch Services.

               The Manager explained the towns of Cumberland and Yarmouth are looking to combine dispatch centers.  Each community now staffs our dispatch centers with a dispatcher 24 hours a day.  Therefore, each community has four dispatchers.  By combining, we would have two dispatchers on between the two communities.  Two people handling multiple events are more efficient than one. Both of us are approaching the need for additional dispatch staff and nows the time to look at combining.  The savings is not a lot, but within five years, both towns would have grown to five each, so there are significant avoided costs.  We are looking at the need for $100,000 in upgrades to our center and Yarmouth has upgraded their center already. The Manager explained this item will be before the council again in late March

               No public comments received.

05  014.       To consider and act on the addition of Section 7, Hours of Use,
               Chandlers Cove Property, Chebeague Island, to Cumberlands
               Ordinance Relating to Roads and Town-Owned Property.

               The Town Manager explained this item also came from the Police Chief who has requested hours be established for the use of Chandlers Cove property, as a result of some different incidents over the course of the summer. The Chiefs recommendation would restrict the use of the property to daytime use consistent with what we do at Twin Brook on the mainland.  Currently, the property has no use policies, therefore, there are no restrictions.

               During the public hearing, several residents spoke against the proposal.  Bruce Bowman asked whether any restrictions would go against the covenant and deed.  Jessie Russo stated people have been going to Chandlers for 30 years, and its changed quite a bit since Rich became the public safety officer.  If we dont have a place to go, well be traveling to other islands.  Mr. Ted Houghton also spoke to the patrols by Officer Brewer and suggested a gate is not going to be any good without a police officer on duty.  Ms. Pam Pulsifer expressed concern for her continued use of horse-back riding.  Its hard for me to be penalized for bringing my horse down there.  I think it needs to be separated.  Ms. Deb Bowman appreciates walking the beach every day, and stated I want to be able to go there when I want to go there.  Ms. Louise Doughty believes there will be a lot more problems if you close it than if you leave it open.  

               Speaking in concern for the property at the cove, Councilor Damon expressed the land is being rutted. Theres fire pits with glass and bottles.  Its a mess down there and the property needs a chance to rest.  Ms. Mabel Doughty agreed, stating Its a dreadful thing thats happening in those woods.  Ms. Leila Bisharat expressed concern that if Chandlers is closed, the fires will move elsewhere, and Parkers Woods will be a prime target.  If so, she and her husband will be forced to post the property.  Bev Johnson stated I have the feeling were going to have something taken away from us, but Im also scared to death about what goes on down there.  Mr. John Martin suggested that this property should meet the same standards as Twin Brook.

               Councilor Damon shared that the recreation center is open six nights a week.  A serious issue for Councilor Damon is the towns liability with the knowledge that public drinking is occurring.  You cant drink in public in Maine and thats a public place.  Councilor Porter concurred, reiterating we do not allow public drinking at Twin Brook. For us to look the other way and say thats the way its always been done is not right.  Chairman Stiles concurred. We have obligations to protect the public.

               Officer Brewer explained during the last couple of years Ive been trying to police an unpolicable situation. He desires to be both sensitive to the user and protect the towns liability; however, he concurs with Ms. Doughty, Its a trash heap down there.  People have given up complaining because theyre afraid of retaliation. Others wont take their kids there on a Saturday or Sunday morning. He shared of four instances where the fire department has been called to the site the day after a bonfire and its still smoldering with hot ashes.  He expressed, there needs to be a way for legitimate uses stating his willingness to work with those that want to use it for its intended purposes.

               Councilor Moriarty responded that the standards do not have to be like Twin Brook.  There was a promise made for no night time use in respect to the abutters of Twin Brook.  However, like Twin Brook, Councilor Moriarty recommended the creation of an advisory committee specifically for Chandlers Cove Beach, and suggested the committee work this winter to recommend a comprehensive policy to address fires, vehicle, alcohol, hours and a host of other issues.  Councilor Moriarty encouraged residents, including those attending the meeting, consider applying to serve on the committee. A sign-up sheet was created.  Councilor Damon supported the idea, stating that she had requested the Islands Committee look at this and some were not interested in making recommendations because of fear of retribution.  She would like a good cross section of this community.

               Officer Brewer supported the concept of committee review, but declared there is no drinking on public property&its out of the hands of any committee.  Theres also an ordinance regarding fires on town-owned property.  Theres discretion built into this ordinance.  By no means is it meant to restrict the proper use.  The community can rest assured theyre not going to be asked to leave if its used properly.  But, certain aspects do fall way outside the scope of any committee.

               Councilor Porter suggested the council authorize something right now that is broad and at the same time allow the committee to flush out the details.  The councilor reiterated Officer Brewers remarks regarding enforcement of existing laws to prohibit public drinking and bonfires.  The Town Manager recommended delegating issuance of fire permits to the deputy chief in order to control whats being left after the fires.  Councilor Damon responded that part of the problem is that people have been able to get a permit.  I am opposed to continuing fires but I am ok with cooking hot dogs on the beach below high water.

           ORDINANCE RELATING TO ROADS AND TOWN-OWNED PROPERTY

Section 7.
 
A.      HOURS OF USE OF CHANDLERS COVE PROPERTY, CHEBEAGUE ISLAND.

Chandlers Cove Park shall be open for use by the general pubic during daylight hours
throughout the year.  The Park shall be closed to public use ½ hour after sunset each day during which time it shall be unlawful for any person to be within the limits of the Chandlers Cove Park, except for special events approved by the Town Council.  Chandlers Cove shall be opened for use by the general public from sunrise to 10 pm throughout the year. The Park shall be closed to public use from 10 pm to sunrise each day except for special events authorized by the Town Council.  Public drinking is strictly prohibited. Bonfires will be permitted only if authorized by the fire department and after approval of the appropriate public officials.

Any person who knowingly refuses to leave the Chandlers Cove Park during such times when the Park is closed to general public use, when requested or directed to leave by a police officer or agent of the Town of Cumberland shall be guilty of criminal trespass pursuant to 17A MRSA 402.

B.      PENALTY

Whoever violates the provisions of this Ordinance to which a particular penalty is not annexed shall be punished by a fine of not less than $25 or more than $1,000 for each violation to be recovered on complain, to the use of the Town of Cumberland.

C.       GENERAL AND SPECIAL REGULATIONS ON TOWN-OWNED PROPERTIES.

The Town Manager, under the direction of the Town Council, or with the advice and consent of a Citizens Advisory Committee or Agency assigned may adopt or establish additional rules and regulations as are reasonable and necessary to accomplish the following purposes:

1.      To assure healthful, safe and saniary conditions on the subject property.
2.      To promote peaceful and considerate public use and enjoyment of Town properties and to minimize any nuisance, disturbance or interference, or safety concerns on adjoining or nearby lands that may be caused by such public use or enjoyment of Town lands.
3.      To protect or enhance the scenic, recreational and environmental values of the property and to prevent erosion, unreasonable disturbance of natural habitat and wildlife, or to prevent pollution.
4.      To allocate the limited use of time and space fairly and equitably among various persons or groups seeking use of the properties.
5.      To provide for efficient care and maintenance of the properties.

05  015.       To hold public hearing re: pay-as-you throw program.

               The Town Manager explained the intent is to discuss whats coming before the council as part of the budget.  The Budget Advisory Committee recommended in December 2003 to implement a pay as you throw program town wide.  The four options presented were: status quo, no free bags, one free bag, and one free bag phasing out to no free bags after the first year.  The towns solid waste budget is the largest budget next to the education budget.  Our solid waste budget is based on an assessment and a tipping fee.  In 1990, the RWS fee was $25 a ton and today it is $165 a ton.  If Palesky had passed, this wouldnt even be a discussion.  But, we still need to look responsibly at how we handle our trash.  The costs are $156 per person on the island and $130 per person on the mainland.  Barging off the island costs $65,000, suggesting there is a transportation cost both on the mainland and the island.  Councilor Damon suggested the costs be looked at on a per person basis.  She also noted that personal time and expense is involved for islanders who must take time, or pay someone to, take their trash to the island transfer station.  She also noted the disparity between the mainland and island heavy item pickup. The mainland receives this pick up twice a year compared with the islands one time per year.

               During the public hearing, Ms. Nancy Hill, suggested the program would have an administrative cost.  The user fee increases the cost to the poor people.  The administrative costs would be better used to promote recycling.  Comments were shared regarding the disparity between the island and the mainland recycling rates.  Some residents also requested an additional silver bullet to further the islands recycling success by helping when the transfer station is closed.  Mr. John Ash and Mr. Doug Damon raised the issue of wood products.  Mr. Damon suggested a substantial reduction would come from construction debris. He recommended to eliminate it or charge more for the construction debris.  Several recommended an information meeting regarding how to recycle would benefit all residents.

               Councilor Damon reiterated several issues could change our cost:  construction debris disposals should pay for themselves; silver bullet being full is an issue, and an education program is needed to show what needs to be recycled.  

V.      NEW BUSINESS

No comments were received by the councilors, due to time constraints.

VI.     ADJOURN

Respectfully submitted,
Nadeen M. Daniels, CMC
Town Clerk