2014.07.28 Council Agenda Item 06

The Town of Falmouth Wastewater Treatment Department has determined that the aging pump station located off Route 88 and near Mill Creek needs to be replaced. This is a significant infrastructure, responsible for pumping much of Falmouth's waste water and all of the waste water originating from the Town of Cumberland. The Mill Creek sewer pump station is the largest pump station in our system and the cost of replacement will approach $4,000,000, to be funded through the Town of Cumberland and the Falmouth Wastewater enterprise fund, which is dependent on the sewer user fees paid by businesses and residents throughout Falmouth.

In the fall of 2013, the Town, through its consulting engineer, discovered that a small portion of the property needed to construct the upgrade is located on property not entirely controlled by the Town of Falmouth. Furthermore, it was discovered that a portion of the existing pump station, constructed in the early 1980's is also located on land not entirely controlled by the Town of Falmouth.

The Town's consulting engineers have determined that there are no reasonable options beyond the current conceptual design, which will include the Town acquiring additional property interest. The land needed includes a history of conservation easements and presents many legal challenges in how it can be acquired. The attached memorandum from the Town Attorney describes the history of this project and the legal challenges. This memorandum also describes the one remaining option to acquire the property rights necessary for this project. It will include what is commonly referred to as a "taking", "condemnation", or "eminent domain". Fortunately, the property rights needed by the Town are controlled by the Falmouth Land Trust and the Nature Conservancy,  parties who understand the Town's objective to maintain an environmentally sound mission to treat and collect wastewater throughout Falmouth. Both parties have agreed to the condemnation based on a payment to the Falmouth Land Trust in the amount of $3,000.

The purpose of this meeting agenda item is simply to schedule the order by the Town Council for November 10, 2014, in accordance with 30-A M.R.S.A. sec. 3402 and 23 M.R.S.A sections 3021, et seq.

Attachments to this agenda item include:

• a memo from Town Attorney Bill Plouffe, dated 10/23/2014, discussing the background of the pump station and the legal issues surrounding its improvement.
• a memo from Town Attorney Bill Plouffe, dated 10/15/2014, explaining condemnation procedures.
• a Notice of Intention to take Real Property, drafted by the Town Attorney, which must be posted at least 7 days in advance of the taking in 2 public places.
• the Officer's Return, certifying the posting of the Notice. 
• a copy of the Condemnation Order to be considered on November 10.