Town Council Minutes 9/13/2004

MINUTES
                              CUMBERLAND TOWN COUNCIL MEETING
                                    MONDAY, SEPTEMBER 13, 2004
                                      Town Hall, 290 Tuttle Road

6:00 p.m. - WORKSHOP with the Rines Committee
7:03 p.m.  CALL TO ORDER

Present: Chairman Stiles, Councilors Savasuk, Damon, Storey, Porter and Moriarty
Excused: Councilor Kuntz

I.      APPROVAL OF MINUTES

a)      August 9, 2004
Motion by Councilor Storey to approve as submitted;
Seconded by Councilor Savasuk.
VOTE:          4-0-2 Councilors Porter and Moriarty abstained.
b)      August 23, 2004
Motion by Councilor Savasuk to approve the minutes with the addition of the word "session under his New Business comments;
Seconded by Councilor Damon.
VOTE:          5-0-1  Councilor Storey abstained.

II.     MANAGER'S REPORT

The town is moving forward with the Route 100 signalization project. He has submitted a request for a similar project at Skillins Road  this section is poorly drained and difficult to traverse.  We will be advertising this week for an Economic Development Advisory Committee to consider opportunities and develop a long term plan for the Route 100 corridor.

III.    PUBLIC DISCUSSION

John Lambert, expressed surprise to see what had happened out at the Fowler property.  He believed the instructions (of a prior council) were pretty clear when they approved three baseball field, and a multi-purpose field.  Even with respect to the softball and baseball field, the fencing was supposed to be minimalist and disassembled at the end of the season.  That was done with the effort of recognizing the balance that needs to be keep & of preservation and recreation.  Manager Shane stated the lease agreement provides the SAD full use of the facility, which was designed as a multi-purpose field.  Mr. Lambert responded that he never understood the lease to cede differences of use or to disrupt the balance between recreation and preservation.  It"s very unfortunate and unfair to the adjacent land owners.

Bill McFarlane, Wild Way, spoke to the issue of winter road maintenance on private roads.  Nobody is plowing our road.  Why do I have to pay to take care of my road when these other people dont; we need to stop spending money.  Dont continue doing it because youve been doing it five years&and its slipped through the crack.  Councilor Moriarty explained Those owners pay full boat taxation.  The town received a full public easement, and collects full taxation from the property owners.  All the town does is plow and sand  no maintenance obligations whatsoever.  Councilor Porter added that unfortunately, its not crystal clean.  He encouraged Mr. MacFarlane to serve on the review committee.  We need more people like you serving on this committee.  It would be nice that we have full input.  Mr. MacFarlane also commented on the recent LNG discussions, adding I think we should have gotten a chance to vote on it.

IV.     LEGISLATION AND POLICY

04  116.       To hold a public hearing to consider and act on the Mass Gathering

Motion by Councilor Porter to approve the Mass Gathering Permit for the Cumberland Fair, September 26 through October 3, 2004 and the related Victualers licenses;
Seconded by Councilor Moriarty.

Councilor Porter announced that he is a member of the Cumberland Lions Club; one of the fairs victualers and Chairman Stiles added that he is a member of the Farmers Club.

VOTE:          UNANIMOUS 6-0

Motion by Councilor Damon to approve the Victualers license for Dina Lattanzi, d/b/a DAntonio Baking Company, 25 Pond Shore Drive;
Seconded by Councilor Savasuk.
VOTE:          UNANIMOUS 6-0

04  118.       To hold a public hearing to consider and act on the adoption of a Fire

Chief Small explained he has worked for some time to produce a palatable document.  This document is a stand-alone ordinance, and the Zoning and Subdivision Ordinances have been amended accordingly.  The new ordinance changes impact major subdivisions; five or more homes, as well as commercial buildings 4,000 square feet or larger in size.  Weve taken out a lot of the smaller projects and just focusing on the ones that might have a greater impact to the department.  Weve given them different options for (fire) protection, from sprinklers to water main extensions, underground water tanks and the like. Its their choice.

During council discussion, Councilor Moriarty asked for clarification regarding the fire pond option and questioned whether a natural body of water would serve as a sufficient water source.  Chief Small explained that the system has to be designed and stamped by a registered principle engineer and must approve the installation of all the components.  Once you determine if the body of water is adequate enough, the system will need to be designed so that it still works.  We want them to make that determination.  Underground water storage tanks in the 20,000 gallon range are found in a couple of locations in town.  Im not sure who owns them explained Chief Small, but we end up owning the maintenance to try to get them to work.

During public comment, Mr. MacFarlane stated if theres no requirement for maintenance, I think thats a problem.  We dont want the town taking this on and people thinking theyre fairly safe when theyre not.  The Manager clarified the two that we have in town presently were deeded with the infrastructure to the town, so they are now town-owned facilities.  But in the future&its not something we want to accept as public infrastructure he noted.

Chairman Stiles referenced a letter from Terry Malony-Kelly stating her opposition to this ordinance applying to personal residences due to the increased cost it creates for homeowners.  Councilor Damon asked what source is used for the sprinklers.  Chief Small responded that the source can come from three areas; a water main, a storage tank in the basement, or a well.  The option for fire ponds is still there. Chairman Stiles noted some of the rationale behind the reason for sprinklering major subdivisions was because the cost of sprinklering smaller developments greatly increased the cost to the developer.  But, a larger development where the contractor has the ability to spread the cost over a greater group of people makes it feasible to require the sprinklers. However&there are other options that are available&to meet the requirement.

Councilor Storey is opposed primarily for the same reason that the Malonys are against it.  I think commercial property should have the sprinkler system in them.

Motion by Councilor Moriarty to adopt the Fire Protection Ordinance with the substituted Section 107.2 (below) and with the provision that the second 107.2 be changed to 107.3;
Seconded by Councilor Savasuk.
VOTE:          PASSAGE 4-2 (Councilors Storey and Damon opposed)

Councilor Moriarty offered the following amendment to Page 4, Section 107.2, and Subparagraph titled Additional Requirements as follows:  The Cumberland Fire Department may recommend, and the Planning Board may approve, additional requirements for multi-family dwelling units or major subdivisions in which the dwellings are separated by less than one hundred (100) feet.  Additional requirements may include automatic fire protection sprinkler systems, additional fire hydrants, building construction designs intended to reduce the spread of fire or other accepted engineering methods.  He went on to clarify that this only applies in cases where there are multi-family dwelling units; i.e., three or more families per unit and major subdivisions in which the homes are closer than 100 feet apart from each other.  This language gives the authority to the Chief to make recommendations, and the discretion to the Planning Board to approve.  It builds more flexibility into the system and takes away the rigidity that you find in the draft language before us.  It does not apply to single family houses or minor subdivisions at all.  It does not apply to the commercial construction less than 4,000 square feet.  Chairman Stiles also noted that Section 107.2 was duplicated and renumbering was therefore needed.

Councilor Moriarty moved to amend the Zoning Ordinance to add a new section, Section 206.8.23, which basically cross references the Fire Protection Ordinance which we have just adopted;
Seconded by Councilor Savasuk.
VOTE:          PASSAGE 4-2  (Councilors Storey and Damon opposed)

Councilor Moriarty moved to amend the Subdivision Ordinance to strike the current Section 10 and add the new proposed Section 10, which again cross-references the new Fire Protection Ordinance;
Seconded by Councilor Savasuk.
VOTE:          PASSAGE 4-2  (Councilors Storey and Damon opposed)

04  119.       To consider and act on a request for financial assistance by the
               Cumberland Historical Society.

Town Manager Shane received a request from the Cumberland Historical Society for financial assistance to complete building repairs to their structure on Blanchard Road.  With their request, the Society presented a construction evaluation performed by Criterium Engineers.  He explained the Society is requesting any amount of money in assistance.  A representative of the Society was not present at the meeting.

Councilor Damon questioned who owns the property and whether the deed contains a reversion clause.  If so, the town would own it and it might play into the condition you might want it (the building) to be in.  She also questioned how immediate and serious is this problem?  Councilor Moriarty recommended the item be tabled until weve fully scoped out the trust funds and checked into the existence of a possible reversion clause which might or might not indicate that the town has a possible investment to protect here and until we identify or refine some other issues¬ the least of which would be where would the money come from?

Motion by Councilor Porter to table this item;
Seconded by Councilor Savasuk.
VOTE:          UNANIMOUS 6-0

04  120.       To hear a report from the Val Halla Trustees regarding an alcohol use
               policy.

The Town Manager requested tabling this item.
Motion by Councilor Porter to table this item;
Seconded by Councilor Savasuk.
VOTE:          UNANIMOUS 6-0

Motion by Councilor Storey to appoint Nadeen Daniels as Warden;
Seconded by Councilor Damon.
VOTE:          UNANIMOUS 6-0

04 -122.        To hold a public hearing to consider and act on a proposed Consent
               Agreement with James M. and Bethany G. Hanley, regarding a porch
               Setback violation at 288 Blanchard Road, Map R07, Lot 92.

Manager Shane explained a lot line interpretation made by an earlier Code Enforcement Officer has been recently challenged.  However, a deck was built based upon that earlier interpretation and For a very small setback it didnt seem reasonable to&remove a deck that was three to five feet over the setback line.  One Code Enforcement Officer interpreted the setback perpendicular to the lot line; the other perpendicular to the house and thats how we came up with this discrepancy.  While attempting to sell their home, the Hanley family received a mortgage survey which determined an alternate boundary.  The proposed consent agreement prevents further action against any future homeowner. The Manager recommended a $500 administrative fee, less than the more typical $2,000 fee, due to the fact Mr. Hanley personally drafted the agreement language which resulted in minimal revisions by the town attorney.  Mr. Hanley was present to respond to questions.

Councilor Porter moved that the Consent Agreement between James M. and Bethany G. Hanley and the Town of Cumberland be approved on payment by the Hanleys of $500; representing the Town Attorneys fees and costs, and order that the Code Enforcement Officer is authorized and directed to execute the Agreement on behalf of the town in substantially the form as attached hereto;
Seconded by Councilor Storey.
VOTE:          UNANIMOUS 6-0

04  123.       To set a date for a Nominating Committee meeting re: a Winter Road
               Maintenance Committee.

Councilors Porter, Kuntz and Moriarty will work together to schedule a date.

Manager Shane stated the town attorney has explained that the final contract must go before the Planning Board for their recommendation.  The item is on the next Planning Board agenda and will be back before the council in October.

Motion by Councilor Moriarty to table this item;
Seconded by Councilor Storey.
VOTE:          UNANIMOUS 6-0

Chairman Stiles gave a powerpoint presentation, stating this is not an advertisement for or against&but an attempt on our part to get some information as we know it how this initiative will affect the town.  As we come up with more information we will pass it along.  Councilor Porter thanked the Chairman and Manager for pulling it together and requested a broader representative of neighborhoods; the current list doesnt properly reflect the benefit of the shift.  Weve got some values that are relatively closer together.  He also encouraged the Chairman and Manager to work with the School District.  Theyre probably comparable, but it would be helpful to use our own numbers.  The Chairman and Manager are meeting with the SAD managers tomorrow morning.  Councilor Moriarty suggested a workshop so we can understand some of these numbers more clearly.  We ought to begin with a workshop and think in terms of a special meeting to unveil some of this in a more detailed fashion to the public.  A workshop was scheduled for Thursday evening at 7:30 p.m.  Councilor Savasuk doesnt think swe can look at this in a vacuum.  It all boils down to the state legislature&with respect to school funding.  Theres got to be a change at the state level to relieve the property owners from bearing the total cost of education costs.  Councilor Damon suggested we initiate a groundswell of support throughout Maine and encourage the Governor to call the Legislature back into session.  Somebody has got to do something.

V.      NEW BUSINESS

Councilor Savasuk  none
Councilor Damon  she and Town Manager met with CMIT members to talk about the Curit property to determine their interest in possibly acquiring the entire parcel and the various types of affordable housing uses for the property.  Both parties feel an easement should be placed on the property so they can transfer the $100K and that the line be set back no more than 100 feet from the stream, and that it be set at a diagonal so the usable acreage can be as large as possible; the line of division be surveyed and a legal description be developed and sent to CMIT.  With respect to the upper part of the property, it was discussed that if the town decided they did not want to develop affordable housing there, the trust could be given right of first refusal for 365 days to purchase it for the $100k plus closing costs. Manager Shane stated he met with the original surveyor whos preparing a document showing a 100 foot setback from the stream and equitably divide the property.  That should be ready within a month.  The conveyance should occur sooner rather than later.  It could be a year or as much as three before a determination is made on the affordable housing.  The biggest problem is with the infrastructure costs.  Theres a multitude of options out there right now, but the first is to get the easement squared away.  Councilor Moriarty suggested that at that point the council can discuss another meeting with CMIT.  Donna recommended pins be placed every 100 feet along the easement line.  She expressed a concern about the access to meetings for people on Chebeague.  At the last Planning Board meeting more than ½ of the meeting was taken up with mainland issues; only an hour of time to deal with Chebeague issues.  There should be a special meeting on Chebeague to discuss this subdivision before it gets too much further into the process.  Town Manager Shane will speak with the Town Planner.  If theyre gonna come to Chebeague, they might as well deal with the Chebeague issues.
Councilor Storey  suggested we try to find an attorney or two to serve on the Private Road Winter Maintenance Committee.
Chairman Stiles  new law became effective 8/31/04 creating several changes to the use of atvs, including prohibiting their use on others property without owners permission.  You cant cross brooks, wetlands or source water protection area.  He recognized KC Putnam for being elected Chaplain of the Year by the Maine Firefighters Association.  He and the Town Manager met with the PUC reps to discuss reasons why a regional dispatch was not implemented. He and Manager are meeting with the SAD 51 officials tomorrow.
Councilor Moriarty  requested an update on the possibility for shoulders on Route 88. The Manager explained Its a higher classification of road than Blanchard or Skillins.  Route 88 is very low on the DOT list for maintenance. Those types of maintenance would have to come solely on town dollars and it would be a while before we see that surfacing to the top.  He suggested we may want to consider working with Falmouth and Yarmouth to possibly reclassify the road which would make it eligible for a 2/3 and 1/3 cost sharing.
Councilor Porter  council received correspondence and it seems like he gets requests fairly periodically regarding paved shoulders.  He agrees it deserves a lot higher consideration.
Manager  Public Works Director Adam Ogden is recuperating from appendicitis. Polls open next Tuesday from 7 am to 8 pm for the SAD 51 Bond Referendum vote.

VI.     ADJOURN

Councilor Savasuk moved to adjourn;
Seconded by Councilor Moriarty.
VOTE:          UNANIMOUS 6-0
TIME:          9:07 pm

Respectfully submitted,
Nadeen M. Daniels, CMC
Town Clerk