Town Council Minutes 2/11/2002

TOWN OF CUMBERLAND
MEETING OF THE TOWN COUNCIL
MONDAY, FEBRUARY 11, 2002

Present:  Stephen Moriarty, Jeffrey Porter, Peter Bingham, Mark Kuntz, Harland Storey, and Donna Damon
Excused: Michael Savasuk

I.      The meeting was called to order by Chairman Moriarty in the Council Chambers at Cumberland
        Town Hall at 7:04 PM.

II.     Manager's Report  
        
        a.  Assistant Town Manager Carla Nixon referred to her memo to the Town Council in relation
             to spraying for Brown Tail Moth. The Town Council would like Dick Bradbury to attend the
             next council meeting to provide information to the public.

        b.  The proposal that was submitted by Sally Merrill for Sunrise Acres Farm was approved for
             funding by the Land for Maine's Future program.

        c.  Assistant Town Manager Carla Nixon referred to memos submitted by Department Heads on
                    regional sharing initiatives by Department Heads on regional sharing intiatives.

III.    Public Discussion
          
        None

IV.     Lesligation and Policy

        02-04. To Consider and Act on a Grant for Work in the Town Forest to be conducted by
Drowne Road School Students.

               Molly Fitzpatrick stated that her class visited the Town Forest.
               William Hebert stated that when his class visited the Town Forest, a classmate fell
               through a board on one of the bridges. Mr. Hebert's stated that with the requested
               grant the bridge would be repaired; purchase identification books on plant and tree
               species and label the species in the Town Forest.

               Mr. Moriarty stated that the request for funding is $1,000.00 to provide for a
               number of projects in the forest.

               Councilor Bingham moved to grant $1,000.00 from the Town Forest budget for work
               in the Town Forest to be conducted by Drowne Road School students.

               Seconded by Councilor Kuntz.

               VOTE:  UNANIMOUS

        02-05. To hear presentation from the Town Planner and  Planning Board Chairman regarding the
               Subdivision Ordinance and the planning review process.

               Chairman Moriarty stated that this item appears as a result of the last meeting during
               New Business and questions were raised about the subdivision planning process in
               general and in particular about the cluster zoning provision in the ordinance.

Planning Board Chairman Phil Hunt provided an explanation for the following:

Section 4 of the Subdivision Ordinance, which describes the application review process, as well as the
mechanism for arriving at the "type" of subdivision to be built.
Section 406 of the Zoning Ordinance, which describes the three different "types"
of subdivision, Traditional, Clustered and Dispersed, and their various requirements.


02-06.  To Hear Presentation from the Public Works Director re: Transportation Issues and
               Funding Options.

               Public Works Director Adam Ogden stated that the presentation was brought on
               because every two years the State of Maine asks for input for the Biennial Trans-
               portation  Improvement Program.  The program allows communities to provide input
               to the program to see if the Town can get funding for certain road projects or trans-
               portation projects.  He review the Transportation Improvement Plan that listed projects
               such as maintenance paving on Rte 88, Kings Highway and Tuttle Road. He stated
               that if projects are not in the six-year plan, they won't make it to the two-year plan.
               Reconstruction of Blanchard Road, Skillin Road, and Tuttle Road will take place only
               if the Town is willing to contribute one dollar for every two dollars received from State
               funding. To be considered for the Biennial Transportation Improvement Program for
               2004-2005, the deadline for applying for funding for projects is March 1, 2002.  

               Councilor Bingham suggested that a capital plan be prepared.  

               Chairman Moriarty suggested applying for as many projects as possible.

02-07.  To Consider and Act on the Expenditure of Funds for Traffic Study at the Intersection
               of Skillins/Blackstrap Road and Routes 26/100.
               
               Chairman Moriarty referred to the letter from Roger Gobeil, P.E. from the Department
               of Transportation in response to a request for MDOT to investigate the need for a full
               traffic signal at the intersection of Skillins/Blackstrap Road and Route 26/100.

Public Works Director Adam Ogden stated that Gorrill-Palmer, a traffic-engineering firm would be able
to do the movement counts for $1,000.  The counting would take 12
hours and involves two people.  For an additional $500, Gorrill-Palmer would be able
to do the analysis.

Councilor Kuntz to approve up to $1500. to perform a signal warrant analysis and a
review of the data generated by the study.

Seconded by Councilor Bingham.

VOTE:   UNANIMOUS

02-08.  To Consider and Act on the Central Corridors Coalition Transportation Study.

               Assistant Town Manager Carla Nixon stated that she received an e-mail from Neal
               Allen, Executive Director of Greater Portland Council of Governments stating that
               they were awaiting response from towns whether each town would be willing to provide   
               funding.

               Councilor Porter stated that if the money was approved and the study did not go
               forward, the money would not be spent.

               Chairman Moriarty stated that since North Yarmouth and Pownal were adding Route
               9 to the study, Cumberland should add Rte 9 to its list.

               Councilor Porter moved to accept the Central Corridors Coalition study and authorize
               the Town of Cumberland to pay $782.00 to pay for the transportation study.

               Seconded by Councilor Damon.

               Discussion on the motion:
               Councilor Kuntz moved to amend the motion to stipulate that the $782.00 not be spend
               until other towns in the Central Corridor Coalition transportation study submit their
               payments.
               
               VOTE:  IN FAVOR  (5)
                      OPPOSED   (1)  Storey

02-09.  To Consider and Act on a Proposed Agreement with ASCAP for the Use of Copyrighted
               Works.

               Councilor Moriarty stated that this item has to do with potential copyright violation
               if and when the town plays recorded music at events like exercise classes, functions at
               Val Halla, etc. An agreement has been worked out whereby towns can cover them-
               selves by paying $250 per year, which will give the town the right to use most copy-
               righted musical works without risk of liability or violation of the law.

               Councilor Damon moved to accept the proposed agreement with ASCAP for the use
               of copyrighted works.

               Seconded by Councilor Bingham.

               VOTE:  UNANIMOUS

V.      Correspondence
               
§       Parking Ordinance of the Town of Cumberland
§       Status of the report of groundwater study
§       Long range plan
§       Bike path on Blanchard Road
§       Memo from Department of Conservation concerning shore and harbor
        management grant program
        
        VI.    New Business

               Councilor Damon:
               Stated that the Long Range Plan Committee will be setting up a schedule for bringing
               the Plan to the Planning Board and the Town Council.  
               Requested list about median income from the Census Bureau that details by zip code.
               
               Councilor Porter:
               Regionalization with other towns.
               Requested that the Recycling Committee examine options to for reducing solid waste
               cost.   Council agreed.

               Councilor Moriarty:
               Nomination Committee interviewing applicants for the Advisory Committee to the
               Revaluation.
               Letter from Jane Frizzell concerning property taxes and impact of upcoming revalu-
               ation.

        VII.   Councilor Kuntz moved to adjourn the meeting at 9:40 PM.
               
               Seconded by Councilor Damon.

               VOTE:  UNANIMOUS



               
               
        Respectfully submitted,


        
        Deborah Flanigan
        Deputy Town Clerk