Town Council Minutes 6/24/2002

TOWN OF CUMBERLAND
MEETING OF THE TOWN COUNCIL
TOWN COUNCIL CHAMBERS
JUNE 24, 2002
Present: Chairman Porter, Councilors Damon, Savasuk, Storey, Stiles, and Kuntz.
Absent: Councilor Moriarty.
I. Chairman Porter called the meeting to order in the Council Chambers at Cumberland Town Hall at 7:02 p.m.
II. Approval of Minutes
a) 6/10/02
Motion by Councilor Damon to approve the minutes as submitted; seconded by Councilor Kuntz.
VOTE: 5-0-1 (Councilor Stiles abstained)
III. Manager's Report
Manager Benson indicated that he had furnished the councilors with a copy of the Supreme
Court decision of June 20, 2002 regarding the issue of the taking of the Blanchard property by ME DOT. This decision will allow us to move ahead. The next meeting scheduled by MDOT will be on Chebeague this Thursday evening.
IV. Public Discussion
None.
V. Legislation and Policy
02 - 62. To hold a Public Hearing to consider and act on a Contract Zoning
Agreement between the Town and Peter Kennedy to amend the Southern
OC Zone on US Route 1 to permit a mix of residential and commercial
development, and a communication tower, on a 67.24 acre parcel.
Town Attorney Ken Cole explained that the town has statutory authority to establish contract zones. The concept is to take something that would be permissible and locate it where it would otherwise be impermissible because of a zoning oversight. Pursuant to the enabling statute, this contract must come to the town council as if it were a zoning amendment, with the plans included as part of the contract zone application. The Council"s approval does not in any way permit the project, but instead it sets forth the zoning to allow the project to move forward. If the Council acts in the affirmative, the developer will then need to go before the Planning Board and State DEP to seek the necessary permits.
The area on the Cumberland-Falmouth line is identified in the towns comprehensive plan as an area both for commercial and residential development. This contract zone would provide for 42 single-family homes, 38 multiplex condominium units (both age-restricted to 55 years or older), and up to 11 commercial lots. The town would also be given approximately 11 acres upon which to build a senior housing project. This will render the project a significant senior housing complex for the town.
Andy Fillmore, Town Planner identified that this item has been before the Planning Board on two separate occasions. It received a favorable recommendation in January, with minor changes made between then and June. The Planning Board again reviewed the project on May 22 with a favorable recommendation. He reiterated the earlier comments that any development covered by the Contract Zone will still go through site plan and subdivision review with the Planning Board.
Steven Mohr, landscape architect, described his participation to include making certain the project is consistent with the towns comprehensive plan and to support the language in the contract document. During the past 3 months the project has been somewhat revised to create improved site and road alignment. The 11 commercial lots will have shared driveways, and 11 acres will be gifted to the town. The open space grew in size from 11 to 13 acres. Open space will be utilized for active and passive uses.
Councilor Comments:
Councilor Damon asked about the community building. Mr. Mohr explained there are two buildings contemplated; a small area referred to as the "community lot with an open pavilion for seasonal use and another area adjacent to Route 1 is envisioned for a 4-5,000 square foot community building that will support larger gatherings. Councilor Damon also queried whether there is an escape clause with this project. Attorney Cole explained that there is not; the contract zone runs with the land and is enforceable.
Chairman Porter questioned the difference between age-restricted and senior housing. Ken Cole replied it is slightly more than semantics. A private developer cannot restrict housing, unless it is to restrict it to elderly housing. He noted that this project addresses many of the concerns being raised in the community regarding the need for senior housing. Adding to the existing stock creates a significant dent in that need. He also commented on meeting the combined goal of creating senior housing and commercial development. Councilor Stiles asked about the commercial lots shown in two areas on the plan. It was explained that the lots shown with dashed markings might be considered for merging as one large commercial lot. Councilor Storey asked about the tower and where it will be located. He does not feel this meets the definition of a commercial development and questioned the tax benefits of a tower.
Public Comments:
Mr. Bob Couillard, of West Cumberland, questioned whether it is possible to place an antenna on an existing tower. Phil Gleason, attorney for Peter Kennedy, stated that a tower is included in the plan in order to preserve the option of doing it in the future if it seems appropriate. Consideration will be given to whether its placement will diminish their ability to market the residential lots.
Motion made by Councilor Stiles to grant the contract zone agreement as described between the Town and Peter Kennedy relating to the Heritage Village Subdivision, seconded by Councilor Kuntz.
VOTE: 6-0 (UNANIMOUS)
02  63. To authorize up to $146,000 from undesignated surplus and award bid to Storey Bros., Inc., in the amount of $891,609.50 for the Blanchard Road
Reconstruction Project.
Bill Shane, of Gorrill-Palmer Consulting Engineers presented the item to the council, indicating that the town received two bids. He, Town Manager Bob Benson, and Public Works Director Adam Ogden reviewed the bids and recommend award of bid to Storey Bros., Inc., whose bid is priced at less than the engineers estimate. The project is prepared to commence July 8^th, 2002. Discussions have been held with 30 abutting landowners, and all have granted easements. Utility poles will be moved, valleys will be filled, and tops of hills shaved for a better and safer road, increasing site and stopping distances at six existing curves. Improvement plans include drainage, curbing and paved shoulders on both sides of the road. Storey Bros. will begin construction at Main Street, working to the midpoint, halting the project during the Cumberland Fair. The company will return in the fall to apply a base coat of pavement before school begins. Construction will then cease during the school season, with the contractor returning next spring (2003) to place the final coat.
Council comments:
Councilor Storey wished to excuse himself from voting on this item. Councilor Stiles questioned the plans to reroute traffic. Mr. Shane indicated that traffic would not be rerouted. At least one lane will remain open during construction. Two crews will work at the same time, utilizing trained flaggers and appropriate signage. They will remain in contact with dispatch at all times.
Councilor Damon thanked the staff for putting such detailed forethought into the construction of this project.
Motion by Councilor Kuntz to authorize up to $146,000 from undesignated surplus to award a bid to Storey Bros., Inc. in the amount of $891,609.50 for the Blanchard Road Reconstruction Project, seconded by Councilor Savasuk.
VOTE: 5-0-1 (Councilor Storey excused)
02  64. To consider application for funding for byways on Route 88 under DOT
Transportation Enhancement Program.
Town Manager Benson noted that this application would constitute the second application submitted to MDOT, and recommended endorsement of the application.
Public Works Director Adam Ogden stated that Route 88 has been designated as part of the urbanized area, requiring regional review by PACTS.
Council Comments:
Chairman Porter stated this application commits us to nothing. If awarded, the town council will be asked to authorize the details at that time. He suggested working jointly with the towns of Falmouth and Yarmouth. Councilor Kuntz commented on the town spending local monies on a state highway.
Motion by Councilor Damon to file an application for Byways on Route 88 under DOT
Transporation Enhancement Program, seconded by Councilor Savasuk.
VOTE: 6-0 (UNANIMOUS)
02  65. To review Gorill-Palmer report on Route 100/Blackstrap Road/Skillins
Road intersection.
Town Manager Benson stated that a traffic study of this intersection was performed at the request of the town council in an attempt to justify a traffic signal. A significant bit of analysis was completed, however, the report suggests a signal is not justified. The report has been sent to MDOT for review. He requested a sense from the Council regarding their support to work with MDOT toward some of the reports alternative recommendations.
Adam Ogden, Public Works Director, indicated he has received strong indications that the state is unwilling to approve the traffic signal. However, the report does suggest other certain areas for improvement. They include improvements to the right-turn lane, signage, striping, stop bars, and advance warning signs.
Council Comments:
Councilor Kuntz indicated there have been 13 accidents in the last 3 years. He hopes it will not take a fatality before the true problems are realized. He urged the town to work with the state to improve site lines. He mentioned that he had spoken with Rep. McKenney, a member of the states transportation committee, and suggested residents contact Rep. McKenney with their concerns. Councilor Stiles stated that this report does not address the critical issue of near misses. Chairman Porter stated that the site lines are very good, but the traffic is moving too quickly. These alternative improvements, coupled with more enforcement will go a long way. Councilor Damon questioned the possibility of lowering the speed limit by 10 mph. Adam replied that the state is unwilling to lower the speed limit in that area.
Public Comments:
Mr. Couillard, West Cumberland, suggested all of Cumberland Gray Road be posted at 40 mph. Adam Ogden noted that he has requested a reduction in the speed limit on 3-4 occasions, without success. However, he will discuss the speed limit as part of the report review with the State. Chairman Porter requested the Manager report back to the Council after the town and State have reviewed the recommendations included in the report.
02  66. To authorize Town Manager to execute drainage easement for the SAD 51
Middle School Project.
Town Manager Benson indicated the Council, Housing Authority and Planning Board have each reviewed and approved the drainage route from the Middle School through the Housing Authority and Meadow Way. MSAD 51 must obtain an easement in order to comply with the Planning Board requirements.
Council Comments:
Councilor Stiles reminded the Council that the Housing Authority gave unanimous support to this easement route. Chairman Porter announced for the record that he had served on the Middle School building committee.
Motion by Councilor Storey to authorize the Town Manager to execute drainage easement for the SAD 51 Middle School Project, seconded by Councilor Damon.
VOTE: 5-0-1 (Councilor stiles abstained)
02  67. To consider and act on applications for annual victualers licenses.
Town Manager Benson referred to the Master List of licenses indicating that the Fire
Chief, Code Enforcement Officer and Town Clerk recommend approval of the renewal licenses, with the condition that the 3 business noted are to correct any deficiencies prior to issuance of a license.
Council Comments:
Councilor Storey asked to add the Methodist Church to tonights list of licenses.
Councilor Storey moved to grant the licenses with the condition that we receive payment and the Fire Chief, CEO, and Health Officer inspects them, and all qualifications are met, seconded by Councilor Kuntz.
VOTE: 6-0 (UNANIMOUS)
02  68. To set 7/08/02 Public Hearing date to consider and act on application by
Winn Road LLC, d/b/a 137 Main Street, for a full liquor license.
Motion by Councilor Storey to set a date of July 8 for the public hearing of Winn Road LLC, seconded by Councilor Damon.
VOTE: 6-0 (UNANIMOUS)
02  69. To set date for workshop re: hunting policy on town property.
Town Manager Benson recommended a workshop date of July 8^th, at the conclusion of the regular meeting. Councilor Damon questioned whether the discussion would be specific to the Town Forest or a more universal discussion. Mr. Benson commented that it would most likely be specific to the Town Forest.
Motion by Councilor Kuntz to set a workshop date of July 8, 2002, seconded by Councilor Storey.
VOTE: 6-0 (UNANIMOUS)
02  70. To set date for workshop with Recycling Committee.
Town Manager Benson recommended a 6:30 pm workshop, prior to the regular meeting of July 8, 2002.
Motion by councilor Kuntz to set the time and date of 6:30 p.m. on July 8, 2002, seconded by Councilor Damon.
VOTE: 6-0 (UNANIMOUS)
VI. Correspondence
Councilor Savasuk  Questioned funding an $84,000 reduction in the state subsidy to MSAD 51.
Councilor Damon  Received a phone call regarding issue of coastal access. Also received more comments and concerns regarding the inequities of the revaluation process. Raised the concept of filling empty trash containers with sand in order to create a stockpile of winter sand on Chebeague. She referenced memo from Councilor Moriarty to State representatives.
Councilor Stiles  Has received comments during the past two weeks regarding the charge of the Planning Board. It has been expressed that some members may put too much personality into their role.
Chairman Porter  Commented on the issue of the $84,000 reduction in school subsidy, asking to receive clarification from the school department as to how the loss of funding will be addressed. Indicated his support for meeting with the State representatives regarding property tax reform. Has heard from representative Karl Turner that he is available to meet July 15^th. Referred to a letter received this evening from David and Karen Landa regarding the expansion plans for Ledgeview Assisted Living. He described the expansion as encouraging and hoped that councilors will attend the Open House if possible.
Town Manger  Bob Benson requested Councilor Damon look into the availability of the Island Hall for the July 15^th meeting with the state representatives.
VII. New Business
Councilor Storey  Thanked Councilors Stiles and Kuntz for supporting him in his bid for Chairmanship. Also congratulated Councilors Savasuk, Damon and Moriarty for sticking to their minds, and commented that he has no hard feelings. He stated that he is keeping his options open for future office, and offered Chairman Porter his deepest support and good luck. He pledged to work together over the next year.
Councilor Damon  Suggested renting a mobile speed machine for placement on Chebeague at the store and church locations. She feels it would be a worthwhile effort to deter speeding traffic. Chairman Porter suggested this topic be discussed at the next regionalization meeting.
VIII. Adjourn
Motion by Councilor Kuntz to adjourn at 8:40 p.m., seconded by Councilor Savasuk.
VOTE: 6-0 (UNANIMOUS)
Respectfully submitted,
Nadeen M. Daniels
Town Clerk