MINUTES
CUMBERLAND TOWN COUNCIL MEETING
Town Council Chambers, 290 Tuttle Road
Monday, February 13, 2006

       

7:00 p.m. - CALL TO ORDER

Present: Chairman Stiles, Councilors Damon, Storey, Kuntz, Moriarty and Porter.

Excused:  Councilor Turner

I.                   APPROVAL OF MINUTES

January 23, 2006

Motion by Councilor Storey, seconded by Councilor Moriarty, to accept the minutes as printed.

VOTE:       UNANIMOUS 6-0

II.                MANAGER'S REPORT

Three items to report: 

1  Chief Dan Small and members of the Cumberland Fire Department were in attendance to introduce Mr. Bob Dyke.  Mr. Dyke has worked diligently to restore a fire hose reel in use by the Cumberland Fire Department in the early 1900"s.  Members of that company included Ben Doughty, Alfred Doughty, Bens cousin, the Jones brothers Frank, Charles, Ernest and Ryan.  The restoration of the nickel hubs was donated by Stuart Gannett of Southern Maine Specialties of Saco. The reel has been restored "back to its original color and gold trim.  The fire company was disbanded in 1928 - the time at which the town formally organized a municipal fire department.  Ms. Claire Vining's father, Ben Doughty, built a shack to house the reel at his home at 87 Tuttle Road so it could be pulled out to assist the fire engines. Ms. Vining presented the refurbished reel to the Cumberland Farmers Club Museum and thanked Mr. Dyke for his excellent work.  Two large nozzles were also donated by Mr. George Small, to make the unit as original as possible.  The hose will be on display at Town Hall for a few weeks.  Chairman Stiles thanked Mr. Dyke, Ms. Vining and the Farmers Club for this treasure.  Just like today it took a very dedicated crew. 

2  Presentation from Betsy Sawyer-Manter, Housing Director for Peoples Regional Opportunity Program (PROP). Ms. Sawyer-Manter presented a plaque to the Cumberland Town Council in appreciation for the partnership weve enjoyed.  The war on poverty hasnt been won.  We couldnt do it without the partnership of the town of Cumberland.  Councilor Porter serves as a member of the PROP Board of Trustees. Councilor Porter thanked Ms. Sawyer-Manter and stated the Garnett family home would never have come to fruition without PROPs leadership and joint with the Town, and especially through the personal commitment of  Ms. Sawyer-Manter. Weve got a family in a home &that will be able to live comfortably for the rest of their lives. He reminded everyone that three percent of Cumberlands population lives below the poverty line.  In 2005, PROP provided $140,000 in services to residents of Cumberland, primarily through fuel assistance and childrens services.  PROP has been very successful for this town and many other communities.  Councilor Damon remarked This is fabulous.  Its easy to forget that there are people who need these services. 

3  Received complaint regarding a condition imposed by the Planning Board for additional soil tests at the Terison Subdivision property.  Mr. Terison alleges a building permit was issued to SAD #51 without DEP approval.  Additional soil testing is a tool often used by the Planning Board to determine if the land is suitable for residential development.  The town worked with the DEP to remediate the area known as the old Apple Orchard property. The standards and remediation were approved by the DEP and the SAD entered into a VRAP (Voluntary Remedial Action Plan).  The gentleman feels there may be a double standard.  I dont believe that is true.  

III.             PUBLIC DISCUSSION

Mr. David Stevens, Chebeague Island, presented a letter from the five secession territory representatives requesting the council send a member to testify in support of the agreement between the Town of Cumberland and Chebeague Island when it comes before the legislature.  A 9:00 a.m. March 3, 2006 public hearing date has been set.  The Chair plans to attend and indicated he will poll the council for further interest.

IV.              LEGISLATION AND POLICY

06  017.   To hear a proposal from David Chase to amend the Route One South Contract Zone and refer same to the Planning Board. ~ TABLED ~

Motion by Councilor Moriarty, seconded by Councilor Damon, to table Mr. Chases

Contract Zone Amendment request to the February 27, 2006 meeting.

VOTE:             UNANIMOUS PASSAGE 6-0

06  018.   To consider and accept taxes and penalties and release property at 42 Valley Road.

 The Town Manager indicated all taxes, penalties, and late fees may be accepted but applied only after authorization from the Town Council pursuant to town policy.

Councilor Moriarty questioned whether this property has any value to the town for open space or recreational purposes.  The lot has a small residential home on it at this time.  Councilor Porter questioned whether the full amount has been received and the Manager answered affirmatively.

Motion by Councilor Porter, seconded by Councilor Damon, to accept all taxes and penalties for the property at 42 Valley Road, Map R08A, Lot 15C, and authorize the Town Manager to issue a release deed upon payment in full.

VOTE:             UNANIMOUS PASSAGE 6-0

06  019.   To consider and act on RWS-ECOMaine Contract renewal.

Weve ironed out most of the issues and Im recommending we authorize execution of the contract with ECO Maine. We are the last of the original 21 communities to renew our contract, explained the Town Manager.  RWS has agreed not to place a penalty on the Town of Cumberland should secession occur, and they have agreed to provide an option for Chebeague Island to join.  Councilor Damon wished to publicly thank RWS town representative, Susan McGinty for all the hard work that youve given to RWS and the community.

Motion by Councilor Porter, seconded by Councilor Moriarty, to renew the RWS a/k/a ECO Maine contract dated July 1, 2006.

VOTE:             UNANIMOUS PASSAGE 6-0

06 020.    To set public hearing date to consider and act on amendments to the Traffic Ordinance re: West Branch, Kerri Farm Drive, Stonewall Drive, and Hilltop Road.

The Town is working to update our traffic ordinance. The Manager recommended a February 27, 2006 public hearing date. Councilor Damon questioned how stop signs are handled during the subdivision approval process. The Manager responded They suggest them; only you can approve them by ordinance. 

Motion by Councilor Kuntz, seconded by Councilor Damon, to set a February 27, 2006 public hearing date to consider and act upon amendments to the Traffic Ordinance re: West Branch, Kerri Farm Drive, Stonewall Drive, and Hilltop Road.

VOTE:             UNANIMOUS PASSAGE 6-0

06  021.   To set Special Town Council meeting date re: Chebeague Island secession.

The Town Manager explained the special meeting date has been noticed for Thursday, February 16, 2006.  SAD 51 is working on additional language and he is not positive it will be ready for the meeting, however.  It may be necessary for the council to continue the meeting to the regular meeting of February 27th, or a possible earlier date.  Mr. Dave Stevens stated the petitioners will be meeting with all the lawyers involved to come to an agreement.  Councilor Moriarty questioned whether there would be a reason to meet if there is no agreement. The Town Manager replied it would be helpful if the SAD could reach an agreement in concept and at least give us the outline of what it looks like and a timetable to return for a vote.  Councilor Porter feels two hearing dates are necessary.  This is one of the most important things this community has done&in the last hundred years.  Chairman Stiles stated that although he not uncomfortable with one public hearing, he suggested the second meeting could be held the following Tuesday.  Councilor Storey questioned whether the public hearing will provide the residents of Chebeague another chance to look at the secession issue.  They really havent had a chance to vote on the package now that its been agreed upon. Councilor Damon responded that 75 islanders attended a meeting on the island last week.  They explained the school agreement and the consensus was that people felt like maybe it wasnt fair and equitable but it was the best they were going to do. Ive had no one call me and say they want to reconsider.  Mr. Stevens added he also has heard no opposition of any consequence.  If we do feel as though there is any opposition to it were going to somehow try to quantify that. We do have another public meeting scheduled. As it stands now I would say were on the same footing we always have been.  The consensus that I have heard is move ahead.  Chairman Stiles believes the (petitioners) committee has been doing a good job of getting the word out.  Mr. Stevens further stated a mailer was sent explaining the agreements; how it will affect their budget. Its done in simple terms that people can understand. We dont want people to sign up for anything they dont understand. 

 

Motion by Councilor Damon, seconded by Councilor Kuntz, to set Thursday, February 16, 2006, at 7:00 p.m., for a Special Town Council public hearing re: Chebeague Island

Secession.

VOTE:             UNANIMOUS PASSAGE 6-0

06  022.   To set Town Council meeting dates of Saturday, March 4, 2006 and March 11, 2006 for budget review workshops.

Councilor Kuntz announced he will be out of town on March 11, 2006. 

Motion by Councilor Storey, seconded by Councilor Kuntz, to set the dates of March 4, 2006 and March 11, 2006 at 8:00 a.m. for Town Council budget review workshops.

VOTE:             UNANIMOUS PASSAGE 6-0

 06  023.   To send proposed changes to the Contract Zone Ordinance language to the Planning Board for its review and recommendation.

The Town Manager deferred to Councilor Moriarty, who has worked with Councilor Turner to review the Contract Zone language.  Councilor Moriarty reviewed two issues; the first of which related to proposed changes to the Contract Zoning provisions of the Zoning Ordinance.  The changes expand the terminology of contract zoning, how it can happen, and the role of the Planning Board as advisory.  A contract zone proposal referred to the Planning Board which then receives Council consideration for any sort of substantial change to what the Planning Board has recommended to us, then (this) requires us to send it back to them once again for yet another public hearing and another recommendation based on the additions.  In other words it gets a lot of public airing between the council and the Planning Board before final adoption.  Councilor Moriarty addressed the current requirement for clear public purpose or benefit contained in Section 606.1.  It has been orally stated on several occasions that a public purpose is required.  Thats not part of the current zoning ordinance.  In fact, its not required by state law either.  Weve left it in here, but before we send it to the Planning Board we need to consider whether we want to continue to require a clear public purpose or benefit. Councilor Damon questioned what reason we would have for deviating or circumventing the zoning ordinance unless there was a public benefit?  I dont know why we wouldnt want to keep that in. At least you have the opportunity for the debate.  Councilor Porter added its a very wide term; very broad term.  I have no problem keeping it in there for now.  Councilor Moriarty suggested the inclusion of the word clear implies a higher showing or standard that might be harder to show and & frustrate the goals of the(Comprehensive) Plan.  Because it could create more ambiguity and potential problems he recommended striking the word clear.  The Chair polled the council for consensus regarding the recommendation.  No opposition was stated.

Motion by Councilor Moriarty to send the proposed draft changes to Section 606 of the Zoning Ordinance to the Planning Board for their recommendation with a provision that on the draft we delete the word clear from paragraph 606.1; seconded by Councilor Kuntz.

VOTE:             UNANIMOUS PASSAGE 6-0

Councilor Moriarty then spoke to the issue of Home Occupations. The subcommittee is recommending a separate definition of a home based occupation be added to the ordinance, as well as standards of review to be applied by the Board of Adjustment and Appeals.  Home occupations are currently allowed just about everywhere as special exceptions pursuant to approval by the Board of Appeals.  The sub-committee feels the same ought to be true for the home-based occupations. By consensus of the council, the Chair announced that the sub-committee will meet with the Board of Appeals to present this recommendation for input and report back to the council.  Councilor Damon suggested there should be & an economy of scale.  Its onerous.

V.                 NEW BUSINESS

Councilor Damon  none

 Councilor Storey  none

 Councilor Kuntz none

 Chairman Stiles  Val Halla Trustees sent a letter to him and the Manager thanking them for their management support.  Chair asked the community for help at Val Halla with snowmobiles causing damage to the greens and fairways. Also requested dog owners to please clean up after dogs. 

Councilor Moriarty  none

Councilor Porter  announced the sale of compost bins  get orders in by March 11^th. Requested a financial report on impact fees.  

 Manager Shane  Regionalization Committee meeting Wednesday evening to discuss regional paramedic program and fire department issues.

 VI.            EXECUTIVE SESSION  pursuant to 1 M.R.S.A., Section 405(6)(c) re: real estate disposition.

Motion by Councilor Kuntz; seconded by Councilor Damon to recess to Executive Session pursuant to 1 MRSA, Section 405(6)(C) re: real estate disposition.

VOTE:             UNANIMOUS PASSAGE 6-0

TIME:              8:12 p.m.

Motion by Councilor Storey; seconded by Councilor Moriarty, to return from Executive Session.

VOTE:             UNANIMOUS PASSAGE 6-0

 

VII.      ADJOURN 

 Motion by Councilor Porter; seconded by Councilor Moriarty, to adjourn.

VOTE:             UNANIMOUS PASSAGE 6-0

TIME:              9:37 p.m. 

Respectfully submitted,

 

Nadeen Daniels, CMC
Town Clerk

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