Town of Cumberland, Maine - July 25, 2005 Town Council Minutes

Little League All-Stars representing Division Six; RWS ash-fill site is being proposed for expansion; road projects - Blanchard Road, from the Fairgrounds to Skillins Road, Middle Road underway from Tuttle Road to Yarmouth town line, and approximately 2,000 feet in opposite direction, final coat of pavement to Mill Road this week; a paving master plan will be presented during the FY 07 budget, Bruce Hill Road/Ranger Road intersection has been restriped to make it less confusing and will be reviewed by a traffic engineer for safety revisions; site plan for the Greely Road athletic plans will go before the Planning Board in August and the Board of Adjustments and Appeals in September; SAD 51 and the Fowler attorneys are working in an attempt to reach a resolution for the Planning Board meeting; our new trash hauler requires trash to be at the curbside by 7:00 a.m.; the hauler reserves the right to change the route due to weather; requested a vote this evening regarding a size and price change to the larger size trash bags; Private Roads Winter Maintenance Agreement issue fourteen roads are under way with easement preparations; loss of Sue Grover, a valued member of a rescue department, a huge loss to our community.

III. PUBLIC DISCUSSION

None.

IV. LEGISLATION AND POLICY

05 127. To hold public hearing to consider and act on issue of up to $800,000

Principal Amount of Bonds for fire trucks(s) and computer system.

Manager Shane indicated we have reviewed our capital equipment replacement program and are scheduled to replace Engine One at

Tuttle Road

, and Engine Four at Chebeague Island. The computer software and hardware will replace an antiquated DOS system and equipment at Town Hall. It has outgrown its useful life. This system will assist in the deference of additional staff to deal with the myriad of finance services, to include taxing, billing, receiving, purchasing, etcetera. Our Finance Director is among twenty representing communities undertaking a possible joint purchase for computer replacement in those communities.

Chief Dan Small described the were excited with the process of improving our capabilities to the community&as well as the safety of our firefighters. The department has receive input from the mainland and island firefighters to in writing the truck specifications, and taken those specifications to three of the manufacturers that service the State of Maine. We will look to trade in Engine One.

During public comment, Mr. Robert Vail emphasized our connection between the mainland and island. As we go forward&its important to let the focus remain on the capital improvements and not any potential separation. Mr. Doug Ross, Chebeague Island firefighter, Mr. Gordon Murphy, Fire Lieutenant, and Mr. Ken Hamilton, Chebeague Island, spoke in favor of the purchase of an island truck, with Mr. Murphy noting this purchase will replace the two oldest first responding fire engines in Casco Bay among all islands with year-round residents. The last new truck was in the mid-seventies and been given used junk from the mainland since then. We should not have to accept worn out equipment forever to fight fire in million dollar homes remarked Mr. Hamilton.

Councilor Kuntz noted Engine Five is the primary truck servicing the turnpike. When questioned about speed of the truck, Chief Small indicated the truck travels at a maximum of 62 miles per hour. Councilor Kuntz questioned the possibility of placing Engine Five on the island; however, the Chief indicated the length of the truck is an issue as well, which is a worse equation for the island&with the very narrow and tight camp roads. The truck would also not fit inside the current island station. The new trucks specifications are written to fit the island. In response to the question, Chief Small replied that there are no other existing fire trucks that could be placed on the island to replace Engine Four. Councilor Moriarty questioned whether the specifications for Engine Four are unique to Chebeague. The island truck specifications place an emphasis on the length, and the ability to carry 1,000 gallons of water, the pump size is somewhat smaller, a narrower cab, and a lower profile. However, If the truck ever did come back to the mainland, it would fit our needs on the mainland as well. Its a basic nuts and bolts work-horse truck that will provide good service no matter where its at. Councilor Porter reiterated that he has no problem purchasing that Chebeague truck, but in my opinion we should do that once the situation is taken care of referring to a possible island secession. I honestly believe the equipment we presently have out there could take care of the need for the next year, the next six months. Why would we be spending&long term money when an entity is signaling us&they want to leave the Town of Cumberland? Why wouldnt we&put that money in a reserve account until this decision has been resolved? Councilor Damon described this as a matter of safety. I am concerned that unlike the mainland, we have no backup equipment. I have serious concern on a regular basis that were going to have a terrible forest fire. Mutual aid does not have the same definition that it has on the mainland. Councilor Storey suggested the motion has nothing to say about a fire truck for Chebeague Island. We have from now til the time that fire truck arrives on the mainland to make up our mind whether its going to Chebeague or not. Councilor Moriarty replied that while Councilor Storey is technically correct, I will vote for the motion that one of the two new trucks is going to be assigned to Chebeague as is the plan. Councilor Moriarty also considers the secession a serious effort and something more than just a request for information. However, I consider this resolution to be an effort to buy two fire trucks for the town of Cumberland, one of which will be assigned to Chebeague. I dont view the purchase of a fire truck the same idea&.as some other fixture that cant be moved, or reassigned or relocated. My feeling on this truck is that if secession proceeds along to the final stage, there will be an accounting and the truck will either be purchased by the new town or removed by the Town of Cumberland from the island back to the mainland and put in service here. Chairman Stiles supports the purchase due to safety concerns.

Councilor Damon moved, seconded by Councilor Storey, that General Obligation Bonds and Notes in anticipation of such bonds of the town in the principal amount of up to $800,000 be issued to finance the costs of acquisition of a computer, two fire trucks and related equipment.

VOTE: PASSAGE 5-1 (Councilor Porter)

At this time, Manager Shane requested direction on remaining island capital projects. Specifically, $21,000 for a back-up float on Chebeague Island; $50,000 paving and $30,000 in barging costs, for a total of $80,000 in road improvements on Chebeague; $5,000 for gravel pit engineering, cemetery deed research, and land swap legal work. When asked if these are immediate concerns the Manager noted the contractor is willing to hold his price until the spring. Councilor Damon noted there is no back-up float presently, suggesting its purchase is a safety issue. Councilor Moriarty

Councilor Moriarty moved, seconded by Councilor Damon, out of the current fiscal year budget we authorize the manager to proceed with the purchase of a backup float for the CTC Stone Wharf landing, and that we instruct the Manager not at this time to proceed forward with the paving, the gravel pit pre-engineering, and the cemetery survey and deed research, and that we instruct the manager to return those items to us in January of 2006 for further consideration. (At that point there will still be half of the fiscal year remaining before us. The money is in the budget and has, in fact, already been approved and we will reassess those items at that point. No construction should go forward at all pending further explicit vote.)

VOTE: PASSAGE 5-1 (Councilor Porter)

The Manager requested guidance regarding spending the remaining funds previously authorized related to the wave break improvements and engineering to

Wharf Road

Councilor Moriarty moved, seconded by Councilor Kuntz, to proceed with the engineering work that is currently underway on Wharf Road, at a total projected cost of $35,000, and that we proceed with wave break improvements at Stone Pier at a projected cost of $18,000, but that we do not proceed at this point on any construction costs at Wharf Road pending further action by the council.

VOTE: PASSAGE 5-1 (Councilor Porter)

05 128. To set municipal Tax Rate for 2005/06.

Tax Assessor William Healey recommended a mil rate o $18.80 for fiscal year 05/06. This tax rate represents a reduction of forty cents, or 2.1% decrease from last years rate, due in large part to a fairly substantial increase in valuation, and the impact of LD #1 on the SAD appropriation. In a non-revaluation year, thats quite an accomplishment. The bad news is that the towns current assessment ratio is at 76%, with a quality rating of 18%. He believes if the trend of double digit increases to property values continues, the towns assessment ratio will be below 70% by April 1, 2006. He suggested a revaluation will be needed to bring the towns assessments in line with the states guidelines, as well as to equitably redistribute the tax burden. Tax Assessor Healey expressed comfort putting off a full revaluation &for at least a few years if an in-house update is funded in the next fiscal budget. If so, the values could be in place for the September 2007 tax billing. Assessor Healey also recommended a workshop session with the council in October.

Motion by Councilor Moriarty, seconded by Councilor Kuntz, to set the tax rate for the fiscal year 05/06 at $18.80 per thousand dollar of property value.

VOTE: UNANIMOUS 6-0

05 129. To hold a public hearing to consider and act on request to discontinue a portion of

Turkey Lane

The Manager noted a request for tabling was made by the applicant. During the public hearing, Mr. Robert Vail, stated we are losing access to our historical rights and ways and a lot of it is by adverse possession. Im in favor of preserving rights-of-ways and definitely against in any way, shape, or form of giving these things up. He also suggested that a sign be posted to let the public know this is a public access. Mr. Michael Creamer, President of Snowmobile Club, commented that the abutters to

Turkey Lane

have been very good with the snowmobile club. Were talking about a lot of trail here, not just the 700 feet.

Motion made by Councilor Moriarty, seconded by Councilor Kuntz, to table this item and authorize the Town Manager to set up a subcommittee.

VOTE: UNANIMOUS 6-0

At this time, the council took Item 131 out of order.

05 131. To hold public hearing to consider and act on amendments to Victualers License Ordinance.

Town Clerk Nadeen Daniels explained she was requested to research Planning Board and Town Council records to locate information related to this issue. The Clerk did locate references to a 1994 and 2001 request for a pushcart on Chebeague Island. The records clearly indicate that pushcarts are not permitted in Cumberland. As a result of the 1994 discussions, the ice cream truck was suspended from selling in Cumberland. Upon petition to the Town Manager in 1995, the ice cream truck was again permitted to sell within Cumberland. Town records also identify Planning Board and Town Council discussions regarding the use of pushcarts and mobile food sales in general, but no formal action was taken to regulate or restrict the ice cream trucks.

During the public hearing, Mr. Jason Klein, Operations Manager for North East Ice Cream, stated that the company has had a pretty good understanding with the Town of Cumberland to abide by whatever rules they apply, and there havent been many over the years. It was never our intent to impact local business sales. Ms. Bev McNally, stated that both Cumberland drivers are graduates of the local high school and are taking it on as their own business. Mr. Robert Vail, described Cumberland as a community of land owners. Everybody who conducts business in our community is a property owner. From a principal point of view, I dont believe this type of use or any type of mobile cart use is conductive to the Town of Cumberland. The money is taken out of the community.

Councilor Porter explained that a truck parked in the parking lot of Food Stop is what precipitated this, also noting that of the 51 different communities that ice cream trucks are operating in, were currently one of three that doesnt have any regulation. With respect to the drivers, he noted, I think what these kids are doing is admirable. They should not be taking business away from existing property taxpayers. If that business is operating in my neighborhood, Im fine with it. He referenced the ordinance provision for a 1,000 feet buffer, noting his preference to prohibit sales from Twin Brooks and other places where we have Boosters Clubs selling product to raise money&to help kids go on to college.

Councilor Moriarty shared two concerns. The first related to the size of the non-compete zone, and the second the blanket prohibition against selling within town parks; principally Twin Brook. It strikes me 1,000 (feet) might be excessive; I think 500 might be sufficient. I would prefer to limit the prohibition at Twin Brook or any other park to situations where there is no non-profit currently and at that time engaged in selling these products. If the park is otherwise empty, I dont see why the truck or any truck could not go in. Councilor Moriarty questioned the standard non-compete radius by which the ice cream truck operates in other municipalities. The radius ranges from 200 to 1,500 feet, but in general&it usually relates to a food establishment&every town is individual, explained Mr. Klein. Councilor Moriarty questioned Mr. Klein whether he would voluntarily observe at least a 500 foot no-compete zone for the next four weeks or so while we work out some of the other details concerning the appropriate size of the zone and access to public parks. Absolutely, responded Mr. Klein. With the amount of convenience stores in Cumberland, I think 1,000 feet is reasonable. I think we definitely need to respect the food establishments in Cumberland; there arent many of them, we shouldnt be anywhere near them. We should be in the neighborhoods. As for Twin Brooks&when a non-profit is in there, my truck pulls out of there. We do not compete with any vendor we ever see. But, in the fall soccer season theres not always someone there on a Saturday. We do see the value of a park like Twin Brooks and the need for refreshment. Twin Brooks would be an important stop to my route if its approved, and if it wasnt, Cumberland is still a great place to do neighborhoods.

With Mr. Kleins expressed commitment to voluntarily observe at least a 500 foot no-compete zone for the short term, Councilor Moriarty moved to table and refer the issue to the Twin Brook Advisory Committee for their recommendation on access by Ice Cream Trucks at times when they will not be in competition with non-profits and Boosters. Town Manager Shane responded that by tabling we continue&with no regulation, suggesting it would be prudent to adopt some rules and regulations to ensure those safety issues over which he has concerns. There was no second to the motion.

Councilor Storey commented that ice cream trucks in Val Halla or Twin Brooks are not running competition with anyone. I think they ought to be allowed. If we can provide beer carts on Val Halla, then we certainly should allow ice cream carts at Twin Brook. Councilor Kuntz has a bad taste legislating what people can and can not do for business. I do, however, think that they can stay away from businesses that do compete with them within a fair range. Councilor Damon fears an unintended consequence as a result of the adoption of this language. The ordinance is designed for a specific purpose &and we really havent thought beyond this. If were talking about regulating Twin Brooks, then lets address Twin Brook. She also suggested a wider lens when considering this issue, and recommended review by the Islands Committee. With reference to the residential zones, Councilor Damon queried whether the town is being too restrictive in saying residential zones only, expressing concern over prohibiting it everywhere in every town-owned space.

Councilor Moriarty recommended the question of vending sales at Twin Brook be referred to the Twin Brook Advisory Committee and let them recommend to us what they think the policy ought to be with trucks. I dont see any particular harm in bringing some shape to this issue tonight and looking at it a little bit more closely as we proceed. He requested a map showing the different radius points from the locations of established food establishments.

Councilor Porter motioned; seconded by Councilor Moriarty; to amend Sections 1, 2, 4, 5 and 8 of the Town of Cumberland Victualers Licenses and Vending Victualers License Ordinance regarding Mobile Vending Units generally as follows: define a mobile unit; establish an operating distance from other licensed victualers, define certain safety standards, prohibit sales from municipal property designated as a park or open space, and require license review by the Town Council.

VOTE: FAILS 3-3 (Councilors Damon, Storey and

Councilors Porter and Moriarty accepted an amendment to exempt Chebeague to allow further study by the Islands Committee. The amendment received a unanimous affirmative vote; however, it did not carry due to the failed main motion vote.

As a result of the failed motion, the Town Manager recommended placing a period after the words food service establishment so that any reference to town property or open space is deleted. This will ensure some protection across the board.

Councilor Damon moved, seconded by Councilor Moriarty, to accept the ordinance as written with the exception of changing Article 4-17 to put a period after food service establishment and eliminate or located within town property designated as a park or open space with the understanding that &we make a determination on exactly what that means; what the definitions are of those town parks and open space. The intent is that Chebeague should be exempted until the Islands Committee has a chance to review it to see if we need to have certain changes to reflect the unique nature of the island.

VOTE: UNANIMOUS PASSAGE 6-0

The Town Council recessed for a short break at 9:23 and reconvened at 9:32 p.m. Upon reconvening, Chairman Stiles permitted Ms. Rebecca Moran to address the council. Ms. Moran spoke to her private property boundary concerns, requesting the council adopt policies for the operations of the police department. Ms. Moran was referred to the Town Manager.

05 130. Town Council Committee Assignments for 2005/06.

The council discussed, and approved by consensus, the following assignments:

TOWN OF CUMBERLAND

2005/06 TOWN COUNCIL ASSIGNMENTS

Chebeague Island Library Board of Trustees Councilor Damon

Cumberland/Yarmouth Joint Standing Committee Councilors Damon and Moriarty

Great Portland Council of Government Councilor Turner

Nominating Committee Councilor Porter

Councilor Moriarty

Councilor Kuntz

Prince Memorial Library Advisory Board Councilor Moriarty

Recreation/Community Education Advisory Board Councilor Turner

Regional Waste Systems Board Susan McGinty

Alternate Manager Shane

Budget Councilor Stiles

Val Halla Board of Trustees Councilor Stiles

Liaison to Board of Appeals Councilor Storey

Liaison to Conservation Commission Councilor Moriarty

Liaison to Falmouth/Cumberland Chamber Manager Shane

Liaison to Planning Board Councilor Porter

Liaison to Solid Waste Advisory Committee Councilor Porter

Liaison to Islands Committee Councilor Damon

Liaison to Cable TV Regulatory Board Councilor Porter

Joint Standing Committee Councilors Moriarty and Damon

Housing Authority Councilor Stiles

Stone Wharf Committee Councilors Moriarty, Damon and Turner

Rines Forest Committee Councilors Moriarty and Porter

Regionalization Committee Councilor Stiles

Coastal Waters Commission Councilor Damon

Islands Coalition Councilor Damon

05 132. To set interest rate to be charged on delinquent sewer fees and real and personal property taxes.

Motion by Councilor Storey, seconded by Councilor Damon, to set the rate of 7.75% as the

rate to be charged on delinquent sewer fees and real and personal property taxes.

VOTE: UNANIMOUS PASSAGE 6-0

05 133. To authorize application of real estate tax payments to oldest unpaid tax.

Motion by Councilor Kuntz, seconded by Councilor Moriarty, to authorize the application of

real estate tax payments to the oldest unpaid tax.

VOTE: UNANIMOUS PASSAGE 6-0

05 134. To set rate at which interest will be paid on overpayment of real estate taxes.

Motion by Councilor Storey, seconded by Councilor Kuntz, to set the rate of 3.75% as the

rate at which interest will be paid on overpayment of real estate taxes.

VOTE: UNANIMOUS PASSAGE 6-0

05 135. To set public hearing date to consider and act on Mass Gathering Permit and Victualers licenses for the Cumberland Fair, September 25 October 1, 2005, Cumberland Fairgrounds.

Motion by Councilor Damon to set an August 8, 2005 public hearing date to consider and act

on the Mass Gathering Permit and Victualers Licenses for the Cumberland Fair.

VOTE: UNANIMOUS PASSAGE 6-0

V. NEW BUSINESS

Councilor Damon  went on a tour of Chebeague with some SAD teachers Chandlers looks great, bridge is in place and working well, looking for areas for a coastal clean-up and had difficulty finding a place. Things are looking good on the waterfront.

Councilor Storey  Congratulated the members of the Greely track club; theyre on their way to the nationals in Indiana his ten year old granddaughter will be throwing the shot put and a grandson is a runner.

Councilor Kuntz  tomorrow will be extremely hot and muggy; check on elderly neighbors.

Chairman Stiles  referred to copy of Thank You the council received re: Harbor Master Tom Burgesss assistance in locating an adrift boat. Requested councilors contact him regarding agenda item and absences.

Councilor Porter  Mrs. Allen memo re: opposition to purchase of Chebeague fire truck and request for paving of

Blanchard Road

Manger Shane  Requested councils position re: trash bags as mentioned at opening of meeting. The council provided a consensus to provide a 20 pound bag rather than a 15 pound bag, and an increase in cost from 75 cents to $1.00 per bag. West Branch Subdivision Developer John Chase has requested to come before the council to discuss road acceptance and bonding of the road. Received concern from a resident of

Powell Road

re: CTC bus(es) traveling that road rather than the

Kings Highway

. They are requesting an amendment to the highway ordinance. Received a letter from residents of Rock Ridge re: water main extensions; might require a workshop to understand it further. Recycling containers will be sold here at Town Hall beginning in September. Town will initiate a recycling campaign in the fall, with a door-to-door component.

VI. ADJOURNMENT

Motion by Councilor Kuntz, seconded by Councilor Storey, to adjourn.

VOTE: UNANIMOUS PASSAGE 6-0

TIME: 10:03 p.m.

Respectfully submitted,

Nadeen Daniels, CMC
Town Clerk

Bookmark us and
stop by daily
for updates!