Town Council Minutes 2/10/2003

TOWN OF CUMBERLAND
MINUTES OF THE TOWN COUNCIL
                                                                                       

        Present:  Chairman Jeffrey Porter, Councilors Stephen Moriarty, William Stiles, Harland Storey, Mark Kuntz, Donna Damon and Michael Savasuk.

Council Chairman Jeffrey Porter called the meeting to order in the Council Chambers at Cumberland Town Hall at 7:00 p.m.

Approval of Minutes

                          d) January 30, 2003; e) February 1, 2003; f) February 3, 2003

                             Motion by Councilor Stiles to adopt minutes as presented:
                             Seconded by Councilor Damon.
                             VOTE:         UNANIMOUS 7-0

Manager's Report

Public Discussion

Olivia Lane, and Tom Dedon, 366 Greely Road Ext. were present to address the Council regarding the problem of speeding along Greely Road Extension.  Several proposals were addressed by the neighbors, including placing stop signs at the "t intersections, creating a three-way stop, placing safety cones, painting a stripe across the road to signify a speed limit change, attaching yellow flags to the speed signs, allowing neighborhood use of radar guns, installing bus stop signs, and studying the applicability of raised speed tables.   Anything we can do to avert any tragedy is a worthwhile undertaking.  Mr. Bradeen described Greely Road Ext. as undersigned, and suggested at the very least there's an opportunity to do more.  Mr. Fisher requested a traffic study and suggested the speed limit remain constant rather than increasing from 35 mph to 25 mph.
 
                             Several councilors expressed concern with speeding in general in town, with Chairman Porter describing speeding as the number one complaint received during his time on the council.  The question is how do we encourage our friends and neighbors to slow down

                             William Shane, 39 Crossing Brook Road, clarified that speed limits are set by MDOT, recommending a formal request for a traffic assessment be submitted to the State Engineer in order to determine whether a reduction from 35 mph to 25 mph is warranted.




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Legislation and Policy

     03 - 011.  To hold public hearing to consider and act on a Restaurant with Malt and

        03 -012.       To hold public hearing to consider and act on a liquor license for Val Halla
                                     Golf & Recreation Center, 1 Val Halla Road.

        03 - 013.      To hold public hearing to consider and act on a Special Amusement Permit
                                    for Val Halla Golf & Recreation Center, Val Halla Road.

        03 - 014.      To hear report of Harbor Master regarding increases to Cumberlands Mooring Fees.

1990, while other communities have been keeping pace with their expenses to make the mooring fees pay for the program.  

noted Freeport, Yarmouth and Falmouth have a high demand for moorings; some with waiting lists for 3 years.  That is not the case in the Cumberland waters.  We have a different use and a different base.

supported phasing in an increase to allow for an increase in Teds hours in order to expand enforcement and overall services.  Councilor Damon suggested a dual structure may be appropriate.  Many people on Chebeague and the Foreside are maintaining their own access to their boats.  It is unfair for people who have their own moorings to support the improvements to Stone Wharf when they dont use it.  Councilor Moriarty emphasized the recommendation does not recommend tie-up fees, etc.  Thats a source that could be examined in the future; a source that can be marketed later.

                                    Seconded by Councilor Savasuk.
                                    VOTE:         UNANIMOUS 7-0





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03 - 015.       To hold public hearing regarding brown tail moth aerial spray program.

program this year, and suggested Cumberland residents hire licensed ground spray applicators.  Due to the ability for residents to opt-out, he believes you can take care of just a small percentage of your residents with an aerial program.  
                             Lyman Kennedy, 268 Foreside Road, Falmouth, representing Lobster Management Zone F (Casco Bay) described the dimelin product as extremely deadly to lobsters, crabs and other invertebrate animals such as shrimp.  The Management Zone Council voted unanimously to oppose any aerial spraying efforts. They have witnessed a loss in lobsters in the shore water, since the programs inception.  Once it reaches the water, it lasts 364 days.  This stuff is deadly and a lot of over spray does happen.  Casco Bay is a real closed bay; anything we put into it tends to stay there for quite a while. We dont flush like the big bays do.  
                             Ted Curtis, Harbor Master, representing the Cumberland Shellfish Committee, expressed their unanimous opposition to an aerial spray both on the inland and mainland. They believe in addition to the harm caused to lobsters, there exists the added harm to the seed that sets every spring.  
                             Lorraine Wyman, 62 Middle Road, described the nightmare her family experienced last year from the moth hairs and questioned whether ground spraying was the only alternative to an aerial spray.  Councilor Moriarty responded that there doesnt seem to be a real eradication option, either town wide or regionally.  Dick Bradbury      concurred, noting he is not recommending the aerial program due to its shot gun approach.
The use of traps was questioned.  A study of 100 acres in the southern coastal area of Freeport was performed utilizing traps, realizing  no significant drop in numbers.  Dick Bradbury indicated the traps tend to work best with low shrubbery situations.  The best thing I can recommend at this time is to hire a ground applicator. Get somebody who will come in and spray prethroid and be done with it.  Its critical this product be used around your home & and kept out of the water as well.  He described a chemical known as BT to be ineffective on brown tails.  Upon sampling, Mr. Bradbury will notify the media and ground applicators if areas or regions were affected positively by a prolonged cold weather period.  
                                    Councilor Savasuk expressed last years effort produced a significant effect in his Foreside neighborhood.  The area has a significant amount of tall trees.  He questioned the effectiveness of a ground spray to the taller trees.  Mr. Bradbury described the ground application as very effective in wide scale areas, saying there would be no problem reaching the height of the trees.  A truck mounted mist blower or a high pressure hose are used by the applicators to produce a very effective spray.   The expense is approximately $200 per lot.  However, all the neighbors participating would bring the price down.  He clarified that a regionalized aerial spray would still provide for residents to opt out, reducing its effectiveness.  
                                    In response to Chairman Porters question regarding the long-term viability of an aerial spray, Mr. Bradbury noted the population would still very likely continue on because areas near waterway can not be sprayed.  Spraying began in the Portland area in 1991, but we have not been able to treat a large enough piece of it to set the population back.
                                    Councilor Damon requested information regarding destroying clipped webs.  Mr. Bradbury suggested destroying the webs prior to April 15^th by fully submerging them in a 5 gallon pail with an ounce of dishwashing detergent, soaking them for a few days.  
                                    The statement that a prolonged occurrence of minus 10 or 20 degree weather would work to help eradicate the problem.












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explaining he voted in the past when it seemed to be cost effective and genuinely productive.  Last year we saw more and more people opting out than we had in the previous two years and the effectiveness of the effort was lost as is shown by the fact that the entire town is infested, and the problem clearly has not gone away.  The projected cost is about double & and given what I see as the very strong likelihood that as many people will opt out as before&.the effectiveness will be lost.  I just dont see that it makes good sense for this town to continue with the program. The results simply arent there&and dont justify the amount weve spent in the past or the projected cost.   By voting this early in the year the word can go out so the residents can contract with the applicators before theyre booked up.  

                                    Seconded by Councilor Stiles.
                                    VOTE:         UNANIMOUS 7-0


        03 - 016.      To accept the common open space at the West Branch Subdivision.

                                    Barbara McPheters referred to documenting material from the Town Planner, dated December 18, 2001, which included the following recommendation:  it is the wish of the town manager and the Town Council that ownership of the open space be transferred to the Town in order to preserve and improve public access.    The memo further explained that the applicant is amenable to having it (the open space) owned by either a homeowners association, by a local conservancy, or by the Town. If a homeowners association takes it over, access to the open space and any trails will be restricted, for liability reasons to Westbranch residents and guests, and the lands will remain on the tax rolls.  If the Town or a conservancy were to take the open space, the lands will remain open to the public at large, with the applicant supporting the development of a trail network, but the lands will be removed from the tax rolls.  Ms McPheters explained this applicant came before the Planning Board on several occasions, but the final condition of approval was that the open space be transferred to the town.  The parcel in question represents 20.7 acres and approximately $400 in tax value.
                                    Councilor Damon questioned whether there would be access to the open space from Blanchard Road and referred to the access easement along lot 9, questioning whether it could be accessed by the public.  Town Attorney Ken Cole responded that the deed as proposed is only a conveyance of the fee; there are no easements within it. We can go back and make them add rights over the road to the extent the Council didnt accept it at a later date, and also include within that that fifteen foot access easement thats referenced on the face of the plan. Councilor Damon questioned whether any restrictions were included, and Attorney Cole replied there are no restrictions whatsoever.
                                    Councilor Kuntz referenced the use of existing trails by the public and the Cumberland Riding Club.  He described the open space as a wonderful opportunity to have some open space in West Cumberland.  The riding club provides recreational riding to youngsters, and this will be at least one place reserved for that activity.    Ms. McPheters indicated the Riding Club is interested in developing riding trails for this open space area.  

provides a potential for a nice walking, hiking, riding loop in West Cumberland.  Down the road it could conceivably be a link of a longer chain & and we dont have to spend any money whatsoever to improve it.  
                                    Councilor Storey indicated he has never gone along with accepting this type of land, saying Im not for taking land off the tax rolls.  


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        Chairman Porter believes this is a gift and the $400 is very short money which will be returned in valuation from the surrounding homes.

                             VOTE:         PASSAGE 6-1 (Councilor Storey)

        03 - 017.      To announce the selection of the next Cumberland Town Manager.

Involved the hiring process.  The town received 65 applicants for the position of Town Manager, and Mr. William Shane, 39 Crossing Brook Road, was their unanimous selection. Mr. Shane will begin his term as Town Manager March 31, 2003.
                             Councilor Moriarty extended his thanks and compliments to Chairman Porter for his leadership and organizational ability, and for steering us through what at the very minimum was a very time consuming process. Councilor Savasuk and Councilor Stiles expressed their thanks to their fellow councilors as well, with Councilor Savasuk describing the councilors as focused and committed to doing the right thing.

and a very comprehensive process.  He remarked our biggest challenges are ahead of us for the next few years. But we are prepared and braced &  That being said, our commitment and collaborative effort with our SAD & will be one of my first commitments from day one on the job.  We need to bridge that gap and need to understand a lot more about the schools. We need to go into these next few years together, and not as adversaries.  How we deliver the services & that many of us have become accustomed to will also be a challenge.  Regionalization is still on the horizon; Ive been a proponent of it for a long time.   I dont think well see gigantic steps over the next few years, but its the preparation of what happens next.  As all our communities grow, we should be braced to accept that growth and have a plan for that growth.  I look forward to those challenges, and am very excited to begin.  
                                    Chairman Porter referenced the very sad time for us in this Town with the resignation of Town Manager Robert Benson.  Mr. Benson began in 1978, and has been a tremendous administrator.  His accomplishments include unheard of debt service levels; stellar budget management; open space; and senior and affordable housing.  He has been an administrator whos quietly done the job that all of us wanted to see done.  Mr. Shane, he concluded, will have some very big shoes to fill.  


















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Correspondence  

Savasuk - none
Damon - none
Storey  - none
Kuntz  - none
Moriarty  - none
Stiles  Asked town residents to please slow down.   
Porter  Letter from Ms. Sowles thanking the town council and Barbara McPheters for help with her consent agreement application; Letter from Cumberland Animal Clinic thanking the town council and Carla Nixon for help in acquiring a new sign at the intersection of Middle and Greely Roads.
 



New Business

Stiles  none
Moriarty  Trial before the Maine State Claims Commission re: the value of the Blanchard lot. DOT presented two witnesses today.  Trial resumes tomorrow with the testimony of  Ms. Blanchards appraiser; referenced decorating the two conference rooms and suggested installing molding in order to rotate photos, maps, etc.   Will seek material from the historical society for photos and materials suitable for copying and display.    Councilor Porter requested a cost estimate be provided.  

                                    VOTE:         UNANIMOUS 7-0
Porter  Spoke with Carla Nixon, Acting Town Manager re: working with the Assessor to identify parcels within the town for affordable/habitat housing.  Town Council will then need to decide if we support building units on these parcels.
Kuntz  none
Storey  supports the encouragement for motorists to slow down.  Asked that pedestrians using the road respect the vehicles, too.   Noted a bump big enough to bury a Volkswagen near the RC Hazelton site.
Damon   very concerned that someone will get hurt going down over the hill on Cousins Island. The road is completely breaking up.  Requested contacting the town of Yarmouth re: patching the holes.  
Savasuk - none


Executive Session with Town Attorney re: town Manager contract terms.

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                                    Motion by Councilor Moriarty to return from Executive Session;
                                    Seconded by Councilor Stiles.
                                    VOTE:         UNANIMOUS 7-0
                                    TIME:         11:17 p.m.

Adjourn

               

               Respectfully submitted,



               Nadeen Daniels, CMC
               Town Clerk