Town Council Minutes 6/28/2004

MINUTES

                                               Monday, June 28, 2004


6:00 p.m. -     WORKSHOP with Cumberland Mainland Island Trust.

7:00 p.m. -     CALL TO ORDER
Present: Chairman Stiles, Councilors Savasuk, Damon, Storey, Kuntz, Moriarty, and Porter.

I.      APPROVAL OF MINUTES
a.      June 14, 2004

b.      June 16, 2004

II.     MANAGER'S REPORT

Work on the railroad crossings at Route 9 and Tuttle Road will be completed the week of July 12^th. Greely and Crestwood Roads will be paved this week.  The light bases in front of Town Hall have been removed this week, and the school department may be able to utilize them and transfer the savings to the new performing arts project, if approved. Met with the school"s engineer regarding a possible sidewalk along the area in front of the Main Street Congregational Church.  Thanked the church representatives for their cooperative efforts.  "The citizens of the community will greatly benefit from this collaborative effort.

III.    PUBLIC DISCUSSION

Gwen Frost, representing the Ladies Auxiliary of the Portland Eagles, presented a check for $1,105 to the West Cumberland Fire Department.  House Captain    Harmon and Deputy Chief Francis Small received the check on behalf of the department, stating Were usually here looking for money.  Captain Harmon stated no final determinations have been made for the use of this donation, but the department is considering expansion of the kitchen area or air conditioning in the meeting room.  

A member of the public asked for an update regarding a traffic light at Route 100 and Blackstrap Road.  Manager Shane explained MDOT has been contacted and designs are underway at this time. We hope to be out to bid this fall for a spring construction date.   

IV.     LEGISLATION AND POLICY

No public comment.  Councilor Porter informed the council and public that he is a member of the Lions Club, a non-profit vendor slated to sell food during the fair.

Manager Shane stated the Town has no authority to set, reduce or increase any speed limit on any town road. Our first step is to conduct a public hearing to determine whether to move the request forward.  

Public:  Joanne Garland, 102 Forest Lake Road, spoke for herself and nine neighbors, stating she takes her life in (my) hands when attempting to go to her mail box.  The neighbors are requesting a letter be sent to MDOT to lower the speed limit. She also requested the road be patrolled on a more regular basis.  

Mark Ranalletti and Cat Wallingford, 19 Island Avenue, explained the children in the area wait at the end of the road for the school bus.  There is a blind spot which presents a serious safety concern for the children.  Additionally, a second blind spot exists where there is no shoulder for a stretch of 2/10 of a mile, creating a very serious safety issue for frequent walkers and bikers.  She also addressed the impact to the significant wildlife within the watershed area.   

Councilor Kuntz referred to a fatality last year due to speeding, and suggested the corner makes for a very dangerous situation.  At least for that section of the road a 25 mph speed limit would be an improvement.  

04  079.       To hear from the Town Manager regarding winter maintenance on private roads.

Town Manager Shane stated Cumberland has nearly 170 private roads; 12 of which receive winter maintenance through a 1976 private/public easement. Another 17 roads began to receive services at a later date for reasons which are unclear.  I have no explanation why were providing maintenance on private roads.  It is illegal under state law. Weve been skirting this issue for many, many years, and I think we need to address it. The town will continue to send snow plow and sand trucks ahead of all rescue or fire trucks in all emergency situations, but, he proposed, will not continue to plow private roads effective October 1, 2004.  The manager will send a letter to the residents on the 17 private roads to inform them of a public hearing July 12^{th and} August 9th regarding the discontinuance of winter maintenance services. If there are public easements in place, we should know about that he suggested, otherwise he would recommend discontinuance of winter maintenance.

Councilor Porter read the list of the seventeen roads as follows:  Blanchard Road Extension (Moores), Corey Road, Coveside Drive, Ferne Lane, Island Pond Road, Lanewood Road, Laurel Lane, Linden Court, Nubbin Way (Porteous Road), Ocean Terrace, Sanderson Road, Spruce Lane, Stockholm Drive, Sullivan Drive, Windy Hollow Way, Winterberry Court, and Woody Creek Lane, and stated he would not stop at those 17 and would include the twelve contained in the private/public easement agreement.

Councilor Moriarty clarified that the town attorney has stated 12 roads were approved under a state statute provision that allows for an annual vote to continue that approval.  Every time we pass the annual budget we, in effect, extend that approval for another year.  Manager Shane added that the attorney suggested an implied public easement may be in place as a result of over thirty years of maintenance.  Councilor Moriarty inquired whether the town might provide continued winter maintenance services if the property owners on any of the 17 roads in question were to provide a public easement.  Manager Shane responded affirmatively provided the roads could be brought to a minimum standard of acceptance and the town could maintain the roads without damaging equipment.  Under those conditions, he would likely recommend the council consider continued maintenance.

Councilor Damon questioned whether any of the roads access open space, Casco Bay tidal flats or trail systems.  She believes a public benefit would be derived from such a public easement. The Town Manager noted however that if one out of the eleven homeowners on that road says Im not interested, that doesnt happen, in other words, residents must be unanimous in order to grant the public easement.

The consensus of the council was to go forward and place this item on the next agenda.

At this time, Chairman Stiles took item 04-081 out of order.

04  081.       Town Council Committee Appointments.

                                                TOWN OF CUMBERLAND
                             TOWN COUNCIL ASSIGNMENTS

                                                                2004/05                      
Archangel Committee                                 no appt necessary      
Chebeague Island Library Board of Trustees             Councilor Damon        
Cumberland/Yarmouth Joint Standing Committee    Councilor Damon        
                                                         Councilor Moriarty     
CPCOG                                             Councilor Moriarty     
Nominating Committee                                Councilor Porter       
                                                         Councilor Moriarty     
                                                         Councilor Kuntz        
Prince Memorial Library Advisory Board         Councilor Moriarty     
Recreation/Comm. Ed. Advisory Board                   Councilor Savasuk      
Regional Waste Systems Board                         Susan McGinty
                                                         Manager Shane - alternate      
Budget                                            Councilor Stiles       
Val Halla Board of Trustees                          Councilor Stiles       
Liaison to Board of Appeals                          Councilor Storey       
Liaison to Conservation Committee                     Councilor Moriarty     
Liaison to Falmouth/Cumberland COC                    Manager Shane  
Liaison to Planning Board                                   Councilor Porter       
Liaison to Solid Waste Advisory Committee              Councilor Porter       
Liaison to CHAT (SAD 51)                                    no appt necessary                    
Liaison to Islands Committee                         Councilor Damon        
Liaison to Cable TV Regulatory Board                  Councilor Porter       
Cousins Island/Wharf Agreement Committee               Councilor Moriarty     
                                                         Councilor Damon        
Housing Commission                                  Councilor Stiles       
County Budget Committee                             Councilor      
Stone Wharf Committee                               Councilor Moriarty     
                                                         Councilor Damon        
                                                         Councilor Savasuk
Rines Forest Committee                              Councilor Stiles
                                                         Councilor Moriarty
                                                         Councilor Porter
Regionalization Committee                                   Councilor Stiles
                                                         Councilor Moriarty     

04  082.       To receive a contract zone request from Dr. Hanson, 371 Tuttle Road.  

Dr. Hanson spoke to his project stating there are currently two apartments; one in the back building which has been occupied prior to 1978 and steadily since then and another above the office itself, which is unoccupied.   The health of the building has caused him uncertainty as to how to invest in it to save it. Each apartment will approximate 1,000 square feet.  This would be renovation and restoration with a lot of new wood&intended to approximate the current appearance as close as possible.  Manager Shane noted the town planner has stated the plan is consistent with the towns comprehensive plan, and Dr. Hanson has indicated his willingness to work with the town on retaining the architecture.  The Manager further explained these apartments will be affordable units providing a great resource in the community where rental housing is desperately lacking.  We encourage you to go to the next step to get some input from the Planning board.  

Councilor Porter thanked Dr. Hanson for a proposal which will make it more affordable for citizens to live here. What youre doing is absolutely on target.  Chairman Stiles believes the proposal will fit in with the architecture of the town.  Councilor Savasuk requested the Planning Board address the issue of standards to allow the council to impose contract zoning.

               VOTE:         UNANIMOUS 7-0 PASSAGE

               Seconded by Councilor Damon.
               VOTE:         UNANIMOUS 7-0 PASSAGE

               No action taken until such time as the clerk brings forward a recommended alternate site.
V.      NEW BUSINESS

Councilor Savasuk   none

Councilor Damon  referred to the letter from the Mayor of Brewer regarding the Palesky tax referendum suggesting we get more info and have an opportunity to talk about it in the future.  The Chebeague Historical Society is opening their second exhibit on July 3^rd.  The Chebeague Inn is open and the work theyve been able to do in nine months is incredible.

Councilor Storey   He was invited to a pot luck supper with the Historical Society and challenged them with locating the oldest citizen in Cumberland, which they eagerly accepted. The Historical Society has requested the council consider presenting the Boston Cane at their annual meeting.  

Councilor Kuntz   Congratulated Chairman Stiles on running the meetings.

Chairman Stiles  none

Councilor Moriarty   also referred to the letter from the Brewer Mayor, and asked the Town Manager to report on it at a future meeting.

Councilor Porter   suggested the Brewer initiative has nothing to do with tax relief & it has to do with public perception.  We should discuss it because this document in and of itself does nothing to help with property tax relief.   Thanked the Town Manager for removing the lights in front of Town Hall. Thanked the Town Manager and Adam Ogden, Public Works Director, for their work on the Route 9 intersection improvements to get a rather sticky situation resolved.  

Manager Shane   Updated the council on (1) a $3-5,000 vandalism at the Val Halla Golf Course last Wednesday evening.  Despite the vandalism, the staff had the tournament running that day by 8:30 a.m. (2) This past week was the annual GPCOG meeting where three awards were presented to the Town of Cumberland in the areas of regionalization; Storm Water II program, and Coastal and Center Corridors efforts.  (3)  Burn on Main Street by the Fire Department  a training exercise in building donated by Martha Porch. (4) Staff will be assigned beginning this week at the Stone Wharf to assist the Harbor Master and Officer Brewer with boat tie-ups.  (5) The town will go online in August with our auto registration.  Tammy ODonnell is working with the state to coordinate it in the next six weeks.  Citizens will be able to register their vehicles online.  We are also scheduled to add the island registration component in the near future.  (6)  A July 15^th non-televised workshop will be held to discuss a pay-as-you-throw program.  (7) The tax cap initiative will be on the November ballot and unfortunately many people are uninformed on the consequences.  The tax reduction will create a dramatic reduction in level of services.  The town services and what you expect from Cumberland will dramatically change. We will begin aggressively in September to bring people in to talk about the consequences and look at scenarios.  What happens& and how&  The interesting thing is that former Senator Phil Harriman of Yarmouth has reported that any community can override the tax cap with a two-thirds vote. Thats accurate but theres no mechanism for collecting the fees.  We cant lien your property if you dont pay.  Future bonds can not be added to the tax rate.  This September and October you will be bombarded with information.  Im nervous the quality of education and services can come toppling down in a very short time.  When you compare California to Maine its not even apples and oranges.  They have the ability to tax at a local level, which we do not have in Maine.   We are looking at ways to improve services with regional efforts and will continue to do so regardless of the outcome of this initiative.

VI.     ADJOURN

Respectfully submitted,

Nadeen M. Daniels, CMC
Town Clerk