Town Council Minutes 4-11-2005

MINUTES

CUMBERLAND TOWN COUNCIL MEETING

MONDAY, APRIL 11, 2005

 

 

 

PRESENT:           Chairman Stiles, Councilors Moriarty, Storey, Kuntz, Damon & Porter

 

EXCUSED:          Councilor Savasuk, Town Clerk Daniels

 

CALL TO ORDER:           Chairman Stiles called the meeting to order in the Council Chambers at Town Hall at 7:02 pm.

 

I.             APPROVAL OF MINUTES

               

                March 14, 2005

                Councilor Moriarty requested two corrections:

·         Page 4:   Line 1 in Paragraph 2 should read: Councilor Moriarty summarized the eighth consecutive year dealing with the brown tail moth issue.

·         Page 4:   Paragraph 2, Sentence 2 should be deleted.

·         Page 7:   Under New Business, it should read 'NONE under Councilors who have no

New Business, instead of "Excused.

               

                Councilor Stiles stated that Excused meant that the Councilors were excused early from the

meeting before the New Business portion of the meeting. Those Councilors names should be deleted from the minutes.

 

Councilor Moriarty moved to accept the minutes as corrected.

 

Seconded by Councilor Damon.                      VOTE:   IN FAVOR (5)   ABSTAIN:  (1) STOREY

 

March 31, 2005

Councilor Porter moved to accept the minutes as written.

 

Seconded by Councilor Damon                       VOTE:   IN FAVOR (5)   ABSTAIN: (1) STOREY

 

April 7, 2005

 

Councilor Porter moved to accept the minutes as written.

 

Seconded by Councilor Damon.                      VOTE:   IN FAVOR (5)   ABSTAIN:  (1) KUNTZ

 

 

II             MANAGER'S REPORT

 

·         New ambulance for Mainland has been ordered.

·         Route 1 Design Guidelines: Buffer zone requires 75" tree line along Route 1 - should be developed into ordinance so buffer clear cuts can be minimized. Town Planner and Town Manager will work to amend ordinance.

 

III.               PUBLIC DISCUSSION

 

Chairman Stiles opened the Public Discussion portion of the meeting at 7:07 pm.

 

·         Paul Gilbert, 2 Ole Musket Road:     Petition letter in regards to requesting the Town Council to pay for and budget the aerial spraying in 2006.

·         Douglas Pride, Greely High School Teacher:  Safe Passage 5K Run & Walk at Greely High School on April 30, 2005.

 

Councilor Stiles closed the Public Discussion portion of the meeting at 7:15 pm.

 

IV.          LEGISLATION & POLICY

 

05-044.  To hold public hearing to adopt updates to building permits and application fees.

 

William Longley, Building Inspector/Code Enforcement Officer for the towns of Cumberland and

Yarmouth stated that the building code fees had been updated to mirror the building code in Yarmouth, Falmouth & Portland, and the fees would move us closer to paying for the inspection services provided.

 

Councilor Porter moved to adopt the updates as proposed to the building codes and application fees.

 

Seconded by Councilor Moriarty.                    VOTE:   UNANIMOUS      (6)

 

05-045.  To hold public hearing re: Auto Recycling Permit for Copp Motors.

 

William Longley, Code Enforcement Officer, stated that the Recycling Permit will be in effect for 5 years and is required for a company who buys automobiles that have been in a major collision and repairs that automobile and then resells it.

 

Ronald Copp, co-owner of Copp Motors, stated that there will be no changes to the existing facility.  This permit is required for Copp Motors to obtain Dealer Plates.

 

Councilor Porter moved to approve a five-year Auto Recycling Permit for Copp Motors.

 

Seconded by Councilor Kuntz.                         VOTE:   UNANIMOUS      (6).

 

Item 05-049 was taken out of order.

 

05-049.  To set dates for the Mainland and Chebeague Island Bulky Waste Pick-up.

 

Manager Shane stated that the following dates have been scheduled for bulky waste pick-up and hazardous waste:

·         May 2 through 6, 2005 for the Mainland Bulky Waste Pick-up.

·         August 5 through August 7, 2005 Bulky Waste Pick-Up for Chebeague Island

·         July 16, 2005 for Hazardous Waste Collection on Chebeague Island.

 

Councilor Moriarty moved to set the dates of:

·         May 2 through May 6, 2005 as Bulky Waste Pick-Up on the Mainland.

·         August 5, 6, 7 2005 on Chebeague Island for Bulky Waste Pick-up.

·         And Saturday July 16, 2005 for Household Hazardous Waste Collection on Chebeague Island.

 

Seconded by Councilor Damon.                      VOTE:   UNANIMOUS      (6)

 

Item 05-051 was taken out of order.

 

05-051.  To establish and appoint members to the Chandlers Cove Committee.

 

               

Councilor Moriarty moved to establish the Chandlers Cove Advisory Committee and appoint the following members:  Pam Pulsifer, Ted Houghton, Ken Hamilton, John Martin and Leila Bisharat.

 

Seconded by Councilor Porter.                                         VOTE:   UNANIMOUS

 

05-046.  To receive report from Winter Roads Committee and set public hearing dates.

 

                Winter Roads Committee Chairman Robert Vail stated that the Town Council formed the

Committee to look at what was deemed unlawful plowing of private roads by the Town of Cumberland.  Mr. Vail stated the committee recommended discontinuing plowing of all private roads.

 

Gregory Poitras presented a PowerPoint overview of the options made by the committee. (The PowerPoint is attached to these minutes).

 

                Option 1:   Discontinue practice of providing winter road maintenance for all private roads;

                                    limit winter road maintenance to Town accepted public roads.

 

                Option 2:   Continue providing winter road maintenance for the 29 private roads currently receiving

                                  such services, conditioned upon the Town receiving and accepting a public easement over

                                such roads, and subject to such roads meeting minimum road condition standards; no

                                additional private roads to be added to this list.

 

                Option 3:   Provide winter road maintenance for all private roads, conditioned upon the Town receiving

                                and accepting a public easement over such roads, and subject to such roads meeting the

                                the Towns current private road standards, and further subject to such roads serving a

                                minimum number of houses.

 

                Public Discussion:

 

·         Mary Dinan, 17 Island Pond Road, expressed concerns regarding emergency vehicles being

able to get down a private road that is not being plowed; trash pick-up.

·         Anne Maher , 12 Wildflower Way, stated that when the road was built, there were standards

to be met at homeowners expense. The road is currently plowed with a smaller truck.

·         Spence Bisbing, 2 Spruce Lane, Town should be looking at way to continue plowing private

roads.

·         Ray Rivera, 74 Rock Ridge Run, was not notified that his road was a private road; road was

never presented to Council for acceptance as public road.

·         Donald Bushey, 61 Flintlock Drive, inquired is Flintlock Drive needs to be accepted as public road.

·         Catherine Sanders, 16 Island Pond Road, stated that the homeowners on Island Pond Road formed an association and gave the town a public access easement.  Easement is not valid because it is not a full public access easement.

·         Larry Morse, 4 Lake Road, stated that his road is a short road with 3 houses on it. If easement waiver is signed, will problem be solved?

·         Susan Bisbing, 2 Spruce Lane, member of Winter Roads Committee,  regarding letter from

Town Attorney, Kenneth Cole III, stating that it is illegal for a municipality to expend public funds on private property absent some form of public easement.  The exception to this relates to

23 MSRA 3105, which authorizes the town annually to approve the plowing of certain roads for public safety reasons during the winter. 

·          Fred Lombard, 16 Island Avenue, inquired if his road is one of the 29 roads being considered

by the Town Council. 

·         Thomas Lea, 8 Island Pond Road, stated that there is a fire hydrant on Island Pond Road. If  public access is granted to the Town, is there any guarantee that the town will plow the road.

·         David Hughes, 6 Russell Road, stated that there are 8 homes on Russell Road and he supports Option # 2.

·         Lisa Arsenault, 10 Stockholm Drive, inquired if an easement was granted to the Town, could it be reversed.

·         Dorothy Jensen, 12 Lake Road, inquired if her road already has a public easement.

·         Chris Copp, 17 Browning Way, stated that a third house is currently being built on the road and if Option #2 is chosen, there should be stringent guidelines.

·         Theodore Chadbourne, 50 Stockholm Drive, member of Winter Roads Committee stated that he did not support having the Winter Roads Committee discuss the subject of trash removal on private roads.

 

Council discussion:

 

·         Councilor Damon:     Public easement should be required in order to plow private roads.  Developing minimum standards would be hypocritical, as there are Town roads that dont meet the minimum standards.  She does not feel that it is fair to the Winter Roads Committee to have them discuss trash removal.

·         Councilor Porter:       Does not believe private roads should be plowed. If roads are to be plowed, it should be on a case by case basis.

·         Chairman Stiles:       Thanked the Winter Roads for their time and effort.

·          Councilor Kuntz:     Stated that 29 current private roads being plowed, and homeowners on those roads should grant a public easement; plowing private roads should be decided on a case by case basis.

·         Councilor Moriarty:   Should we stop doing something we have been doing for over 40 years?  Town should have a full public easement to plow private roads; mnimum standards should be developed; some private roads are actually private driveways; new roads should have higher standards.

·         Councilor Storey:      Do the roads accepted before 1970, during town meeting form of government constitute a public easement?

·         Chairman Stiles:        Does not feel private roads should be plowed without a public easement in place; he feels it is not fair to just stop plowing  private roads that have been plowed for years; supports Option #3 with input from the Town Council and the public.

 

Councilor Porter moved to accept the report from the Winter Roads Maintenance Committee and adopt Option #1as recommended.

 

The motion failed due to lack of being seconded.

 

Councilor Damon moved to accept the report from the Winter Roads Maintenance Committee and adopt Option #3, plow all private roads subject to conditions as determined by the Town Council.

 

Councilor Moriarty moved to amend the motion by Councilor Damon to add the criteria as suggested by the Town Manager with the following advisory principles:

 

        (A)  All existing roads must present to the Town Council for acceptance a Public Easement in a

                form acceptable to the Town Manager and approved by the Town Council.

        (B)  All existing private roads receiving winter maintenance services (winter of 2004-2005) shall

                be permitted to maintain the existing road width and geometry providing the road maintained

                in a safe and passable condition as determined by the Town Council in its sole discretion based

                on a report to it from the Towns Public Work Director and the following conditions are met:

 

(1)           A public easement is prepared to include turnaround space for winter road equipment.

(2)           A road association shall be formed and a designated contact person assigned as the

                 Towns primary contact when dealing with all road issues.

(3)           The road surface, if gravel, shall be graded and free of ruts, depressions and washboard surface on October 1 of each year.  If paved, must be free of potholes, divots or other road defects that may damage Town equipment.

(4).          The drainage system shall be maintained and functional throughout the year.

(5)           The Public Works Director shall perform an annual inspection each year by September 1 and prepare a defect list for the Road Association.  All repairs must be completed by October 1.  If repairs have not been completed by October 1, the Town Council shall make a determination if snow plowing and winter maintenance will be permitted on the roadway.

(6).          Winter Road Repairs - If the road conditions over the winter deteriorate to a point where the Public Works Director has determined continued plowing will damage equipment and/or property, the Road Association shall make necessary repairs within 5 working days.  If the Association has not repaired the defects, the Town may repair the defects and invoice the Association for all equipment, labor, and materials (per the values in the most recently published FEMA rates) to the Association or contract such repairs and forward paid invoices to the Association for reimbursement.  Failure to pay the invoiced amount prior to June 30^th shall suspend all winter plowing activities until the Town Council has reviewed the circumstances and determined the proper recourse which may include discontinuance of all maintenance activities.

(7).          Winter maintenance shall be limited to plowing, sanding, salting, shellfish, etc.  No spring clean-up or year round maintenance shall be implemented unless specifically authorized by the Town Council.  (No additional activities budgeted in FY 06).

(8).          The Town Council may waive any or all conditions, except the Public Easement, when it deems that such waivers are in the best interest of the Town.

                       

(C).  All future winter road plowing requests shall be brought to a standard accepted by the Town council with recommendations from the Winter Maintenance Private Roads Committee of the Town.  (To be developed by December 1, 2005  no additional monies have been budgeted for FY 06 for the plowing of any additional roads).

(D). The Towns acceptance of a public easement over any private road shall not obligate the Town to provide winter maintenance or any other improvement to said road except to the extent that the Town Council annually votes to do so as a part of the municipal budget process.

(E). New subdivision roads shall be held to the present acceptance standards and procedures as defined in the Subdivision Ordinance, but shall not be brought forward for consideration until 75% of all the homes in the subdivision have been built.  Until 75% of the homes have been built, the Town shall not consider any road maintenance requests unless authorized by the Town Council in a public meeting.

 

                                Councilor Storey seconded.                                               VOTE:   UNANIMOUS      (6)

 

04-047.  To hear annual report from the Fire Department.

                               

                                Captain Daryl Rawnsley and Firefighter Curtis Ingraham presented a PowerPoint report that

                                Generally focused on the following items:

 

·         Fleet improvements: a 5-year plan to replace fire trucks

·         Property Improvements to Central Station, West Station & Chebeague Station. Adding an east facility within 10 years.

·         Regionalization process: automatic mutual aid agreements with North Yarmouth, Yarmouth, Freeport, Falmouth, Gray, Long Island, Windham and Portland

·         Staffing Update: Attract more volunteer firefighters; enhance the per diem weekday staffing, plan for future needs.

 

 

 

04-048.  To hold public hearings re: TIF requests by Norton Financial and Planet Dog for

                properties in the Route One North TIF District.

 

Manager Shane stated that there are three items:

 

                                (1).          The amendment to TIF District 1.which would bring the Town from 50%

                                capture to 100% capture.

(2).          To authorize the Town Manager to execute a credit enhancement agreement with Norton Financial.

                (3).          To authorize the Town Manager to execute a credit enhancement agreement for

                                Planet Dog.

 

Norton Financial & Planet Dog are both located in the Route 1 North TIF District in the Cumberland Business Park.

.

Councilor Porter moved:  May it be ordered that the Town, acting pursuant to the provisions of Title 30-A,Chapters 206 and 207 of the Maine Revised Statutes, (a) adopts the First Amendment to the Town of Cumberland Tax Increment Financing District Development Program (the First Amendment to Development Program) amending the Development Program approved by the Town Council on March 11, 1996, as presented to this Town Council Meeting and as had been on file in the Town Clerks office, a copy of which is incorporated herein and made a part of the minutes of this Town Meeting; (b) makes the findings set forth in the Development Program; (c) authorized the Town Manager to submit to the State of Maine Commissioner of Economic and Community Development for approval such applications and further documentation as may be necessary or appropriate for final approval of such First Amendment to Development Program;

 

Seconded by Councilor Damon. 

VOTE:   IN FAVOR: 6                       OPPOSED:  0

 

Councilor Porter moved: Be it ordered that the Town, acting pursuant to the provisions of Title 30-A, Chapters 206 and 207 of the Maine Revised Statutes, authorizes and directs the Town Manger to execute and deliver a Credit Enhancement Agreement with BFTE Properties, LLC (Norton), substantially in the form submitted to the Town Council in connection with the First Amendment to Development Program;

 

Seconded by Councilor Kuntz.

VOTE:   IN FAVOR:  6                      OPPOSED:  0

Councilor Moriarty moved: Be it ordered that the Town, acting pursuant to the provisions of Title 30-A, chapters 206 and 207 of the Maine Revised Statutes authorizes and directs the Town Manager to execute and deliver a Credit Enhancement Agreement with Planet Dog Campus, LLC, substantially in the form submitted to the Town Council in connection with the First Amendment to Development Program.

 

Seconded by Councilor Storey.

 

Public Discussion:

 

Councilor Porter stated he was in favor of the Planet Dog project and welcomed them to the community.  He was, however, opposed to the size of the TIF and felt he could not support the TIF agreement as presented.  He would be willing to support at 25%, $250,000 TIF agreement.

 

Michael Sheehan from Preti Flaherty stated that Planet Dog currently employs 38 people in Maine.

 

Travis Bezoi from Planet Dog would like to have a public dog access park with trails through the property.  The company grants $300,000 per year in donations to non-profit organizations.  

 

Jim Guidi, 14 Hedgerow Drive, stated that Norton Financial and Planet Dog are the only two companies to request a credit enhancement.  He supported both companies receiving the credit enhancement.

 

                VOTE:   IN FAVOR:  5                      OPPOSED:   1   (PORTER)

 

                Councilor Moriarty moved to establish an Economic Development Subcommittee to be appointed by

Town Manager Shane.

               

Seconded by Councilor Damon.                                      VOTE:   UNANIMOUS      (6)

 

05-050.  To hold public hearing to act on forming a Regional Dispatch Center with the

                Town of Yarmouth.

 

                Manager Shane stated that the Town of Cumberland has been working with the Town of 

                Yarmouth for the past few months to establish a regional dispatch center, with a target start

 date of August 1, 2005.  He is requesting authorization by the Town Council to enter into a

                contract with the Town of Yarmouth for regional dispatch services and to begin purchasing

                equipment authorized by the $100,000 joint grant received from the Governor Baldaccis office.

 

                Public Discussion:                None

 

                Councilor Porter moved to authorize the Town Manager to enter into a contract with the Town

                of Yarmouth for regional dispatch services.

 

                Public discussion was closed.

 

                Seconded by Councilor Damon.                      VOTE:   UNANIMOUS      (6)

 

05-052.  To set public hearing date of April 25, 2005 to consider and act on a Pay as You Throw

                Trash Disposal Program and to hear the report on the FY 06 Municipal Budget from the

                Finance Committee and to set a date for adoption.

 

                Councilor Porter moved to set a public hearing date of April 25, 2005 to consider and act on a

                Pay as You Throw Trash Disposal Program and to hear the report on the FY 06 Municipal

                Budget from the Finance Committee and to set date for adoption.

 

                Seconded by Councilor Storey.                        VOTE:   UNANIMOUS      (6)

 

05-053.  To approve the Project Development Package for the CDBG Grant to conduct a housing

                                study on Chebeague Island.

 

                                Town Manager Shane stated that Town Planner Carla Nixon had applied for a grant to study                         affordable housing on Chebeague Island and the grant has been approved by CDBG.

 

                                Councilor Porter moved to approve the Project Development Packet and accept a $10,000 grant

                                to conduct a housing study on Chebeague Island.

 

                                Seconded by Councilor Damon.                      VOTE:   UNANIMOUS      (6)

 

                05-054.  To set public hearing date re: Mass Gathering Permit for the Bonny Eagle Car Show,

                                Cumberland Fairgrounds, May 15, 2005, 6 am to 5 pm.

 

                                Councilor Storey moved to set a public hearing date of April 25, 2005 to consider and act on

                                A Mass Gathering Permit for the Bonny Eagle Car Show, to be held at the Cumberland

                                Fairgrounds, May 15, 2005, 6 am to 5 pm.

 

 

                05-055.  To set a public hearing to discuss a site for a second Habitat for Humanity home.

 

                                Councilor Damon moved to set a public hearing date of April 25, 2005 to consider and act on

                                Establishing a site for the second Habitat for Humanity Home.

 

                                Seconded by Councilor Porter.                         VOTE:   UNANIMOUS      (6)

 

V.            NEW BUSINESS

 

                Councilor Moriarty:

·         Date for neighborhood meeting for Greely Road side of Twin Brook.

Councilor Storey:                  None

Councilor Kuntz:   None

Councilor Damon:

·         Requested to have agenda item at future Council meeting to discuss moratorium on construction of wharves on Chebeague Island.

·         Letter from Roger Berle, Chairman of Island Coalition re: administration donations of $50.00 to help with overhead costs.

·         Concern with dog owners letting dogs run loose on beach. Suggested to publish dog leash law in monthly Island Calendar.

·         Chebeague Island Fire Department has no assistance for back-up from area towns.

Councilor Storey:                None

Councilor Kuntz: None

Councilor Porter:

·         Letter from Chairman Stiles to MSAD 51 and to discussion with Town of North Yarmouth re: apportionment of school funding.

Manager Shane:

·         Requested Town Council motion to donate $50 to Island Coalition.

 

Councilor Damon moved to donate $50.00 for overhead costs to the Island Coalition.

 

Seconded by Councilor Porter.                                         VOTE:   UNANIMOUS      (6)

 

Councilor Stiles:

·         Communication from MSAD 51 and Town of North Yarmouth re: equitability in apportion-

ment of school funding.

 

Councilor Damon moved to adjourn the meeting at 10:45 pm

 

Seconded by Councilor Kuntz.                                         VOTE:   UNANIMOUS      (6)

 

 

Respectfully Submitted,

 

 

Deborah Flanigan

Dep Clerk