MINUTES
Cumberland Town Council
Town Council Chambers, 290 Tuttle Road
Monday, January 9, 2006

 

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

I.                   APPROVAL OF MINUTES

October 24, 2005

Motion by Councilor Storey; seconded by Councilor Moriarty to approve as submitted.

VOTE:             6-0-1 (Councilor Porter abstaining)

December 12, 2005

Motion by Councilor Moriarty; seconded by Councilor Storey to approve as submitted.

VOTE:             UNANIMOUS PASSAGE 7-0

December 13, 2005

Motion by Councilor Storey; seconded by Councilor Turner, to approve as corrected by adding the word "Hundred" after "Route One."

VOTE:             6-0-1  (Councilor Damon abstaining)

December 29, 2005

Motion by Councilor Porter; seconded by Councilor Storey, to approve as submitted.

VOTE:             UNANIMOUS PASSAGE 7-0

 

II.                MANAGER'S REPORT

The Manager requested a council liaison be appointed at the next meeting when the Route 100 Corridor Advisory Committee is created.  He and staff are meeting with the Prince Street area neighborhood residents. Drainage repairs will begin sometime during the next several weeks.  A neighborhood meeting was held with Orchard Road area neighbors who expressed safety concerns with the design of the intersection of Orchard Road and Blanchard Road. The existing intersection is "very sharp; almost a bank turn." The neighbors stated a preference for a 't" intersection.  Traffic has increased from 12 vehicles to nearly 100 a day since the original design.  The 35 mph speed limit sign has been removed and warning flags have been placed.  The 25 mph advisory sign remains. "We're hoping to combine this with the Skillins Road this summer."  A meeting was also held with the Range Road/Bruce Hill Road area residents. 

III.             PUBLIC DISCUSSION

None.  Chairman Stiles announced the results of the Special Meeting on Saturday, January 7, 2006 related to the Chebeague Island Secession. He shared the six items contained in the Tentative Agreement, describing the outcome as "a major undertaking."  There will be a public hearing before we get down to the complete and final document.   

Councilor Damon agreed, noting "you couldn't have asked for more reasonable and more professional negotiations.  I think we should tackle the Middle East next.  I can honestly say that everyone was respectful&I commend Councilor Porter for being a major player in compromise.  Everyone here at this table and the people from Chebeague really worked together to come up with this result.  I see nothing but amicable relations between the two towns in the future."

IV.              LEGISLATION AND POLICY

06 - 001.         To hold public hearing to consider and act on a zoning change request by Elvin Copp for property on Route 100, Map R07C, Lot 1A. 

TABLED

The Town Manager explained Mr. Copp will return to the Planning Board in February and "looks forward to coming back" to the council in February.

Motion to table by Councilor Damon; seconded by Councilor Kuntz.

VOTE:             UNANIMOUS PASSAGE 7-0

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

TABLED

Motion to table to January 23, 2006 by Councilor Moriarty; seconded by Councilor Kuntz.

VOTE:             UNANIMOUS PASSAGE 7-0

06 - 003.         To endorse the following three PACTS FY 2008-2009 applications: Foreside Road (Route 88) Shoulder Widening; Tuttle Road Reconstruction with pedestrian walkway; and Route One Ramp A-1/Kings Highway/Foreside (Route 88) Intersections Reconstruction.

The Manager briefly summarized the three projects submitted to PACTS as follows:   (1) Route 88 from Falmouth to Yarmouth, three miles in length, with shoulders on both sides at a cost of approximately $2.7 million dollars; (2) Tuttle Road rehabilitation of 3.2 miles from Main Street to Middle Road, at $4.7 million dollars, adding underground drainage to upper portion of Tuttle, and separated sidewalk from Twin Brook; (3) Tuttle Rd/Kings Highway intersection realignment, at $200,000. Next step involves PACTS review and rating, "and perhaps funded for preliminary engineering."  If funded, "it will endure another review process."  The Route 88 project will maintain an eleven foot travel lane and add a four foot paved shoulder to each side of Foreside Road. "I think this is a good project.  It would be nice if we could connect" Route One in Falmouth to Yarmouth.  It will also "connect a lot of the neighborhoods on the Foreside to Tuttle Road." With the Tuttle Road reconstruction the bulk of the project begins near the end of the existing sidewalk and will end at Twin Brooks.  Reconstruction of the pavement near the school will require drainage work.  "We'd like to take some of the super elevation that occurs today."  The third project is one of the "least costly&more interesting ones."  The Manager reviewed three scenarios for realignment, suggesting the council can "decide when we get to the design standpoint" after seeking neighborhood input.

The submission of these projects "doesn't mean you're committing to the funding." There were 87 projects from 27 greater Portland communities submitted for PACTS funding.  "I think we've got three very good projects and the only way you're going to be funded is by being in the process."  No public comments received.

Motion by Councilor Porter; seconded by Councilor Turner, to endorse the three PACTS FY 2008/2009 projects as submitted by the Cumberland Town Manager in November, 2005 and identified as Tuttle Road Reconstruction; Foreside (Route 88) Shoulder Widening from Falmouth Town Line to Yarmouth Town Line; and Route 1 Ramp A-1/Tuttle Road/Kings Highway/Foreside Road (Route 88) Intersections;

VOTE:             UNANIMOUS PASSAGE 7-0

06 - 004.         To consider and act on Auto Graveyard/Junkyard Permit for Greenlaw Salvage, 1 Longwoods Road for the period January through October, 2006.

The Manager explained our Code Enforcement Officer has stated there were several revisions this year to the state law addressing graveyard/junkyard permits.  One such change require(s) the business be a viable business.  "They are now asking that owners provide evidence that it is an actual business rather than just a collection of materials."  Our Code Enforcement Officer has questions regarding the viability of Mr. Greenlaw's junkyard.  The Manager recommended council approval so that Mr. Greenlaw "will have the opportunity to put the records together over the next ten months.  If not, we take the next steps."

Councilor Damon suggested she would feel more comfortable with a definition of a viable business as opposed to leaving it local officials to determine the definition. "To me this is kind of nebulous."  Councilor Porter added that while the Code Enforcement Officer will offer an opinion "the definition of viable as it is currently written would be determined by the seven of us."  Councilor Porter added that during his council tenure, "there has been an issue each year."  He will vote in opposition "because I don't know whether he's viable or not. I do think that contrary to his application, you do see junk from the road. It would be my hope that in the future...it be operated a little bit more professionally."  Councilor Kuntz concurred, stating "The next applicant is quite a different story. I think we've had these discussions with Mr. Greenlaw on a number of different occasions."  No public comments received.

Motion by Councilor Moriarty, seconded by Councilor Turner to approve the Greenlaw Salvage Auto Graveyard/Junkyard Permit for the period January through October, 2006 with the condition the applicant demonstrates the facility is a viable business entity and is actively engaged in the business of salvaging, recycling, dismantling, processing, repairing or rebuilding junk or vehicles for the purpose of sale or trade pursuant to Title 30A and the town of Cumberland Zoning Ordinances prior to license reapplication in October, 2006.

VOTE:             PASSAGE 4-3 (Chairman Stiles, Councilors Porter and Kuntz)

06 - 005.         To consider and act on an Auto Graveyard/Junkyard Permit for Cumberland Salvage, 40 Blackstrap Road for the period January through October, 2006.

The Manager stated Mr. Copp "has been a model for how to run a good junkyard facility." There was further discussion regarding the issue of "viability" and Mr. Copp indicated he would be willing to work with the town on this issue.  No public comments received. 

06 - 006.         To consider and act on the Val Halla Golf Club Liquor License, Auxiliary Mobile Golf Cart License and Special Amusement Permit for calendar year 2006.

Councilor Storey questioned whether there were any problems with the mobile cart during the past summer, its first year of operation.  The Manager replied "It actually went fairly well."  The operator was trained in the "TIPS program as required.  We noticed a significant reduction in the illegal alcohol snuck on the course.  We didn't have any of the problems that some may have anticipated."  No public comments received.

Councilor Kuntz indicated he has received comments stating "they don't like the idea of it."  Councilor Damon stated she could vote for the Special Amusement Permit, but "not the other two."

Motion by Councilor Storey, seconded by Councilor Turner, to approve the Val Halla Golf Club Liquor License, Auxiliary Mobile Golf Cart License and Special Amusement Permit for the calendar year 2006.

VOTE:             PASSAGE 5-2 (Councilors Kuntz and Damon)

06 - 007.         To accept Rock Ridge Run Road as a public roadway.

The Manager noted all issues of concern have been addressed, and "have the deeds executed and ready for council approval.  The neighbors worked closely with us and did a lot of the legwork.  It does meet our requirements as outlined in our subdivision ordinance."  No public comments received.

Motion by Councilor Porter, seconded by Councilor Kuntz, to accept as a public road Rock Ridge Run, being generally described as a fifty foot right of way, 2200 feet in length, including drainage and pedestrian easements, and more specifically described in a deed from Custom Homes of Maine to the Town of Cumberland date January 9, 2005;

VOTE:             PASSAGE 6-1 (Chairman Stiles)

06 - 008.         To remove a yield sign on Range Road and add a Stop Sign at the intersection of Bruce Hill Road and Range Road.

A neighborhood meeting was held regarding this issue.  "This is step one in the process.   We are looking at additional striping and warning flags from Spring to Fair."  These steps are considered a "stop gap measure." Any future realignment will require the purchase of additional land.  "By shifting the road slightly it would provide better visibility."  In the interim, some pavement may be removed from the curve along Bruce Hill Road Extension onto Range Road.  This project may not be before the council again until the Summer of 2007.  The Manager also requested the installation of a stop sign on Bruce Hill Road, with the removal of the yield sign.  This will occur in the spring when the striping is accomplished. "Under our ordinance, the council is required to approve the stop sign placement."

Mr. Bob Couillard suggested a stop sign should replace the yield sign on Range Road. "What you're doing is encouraging people to blow through it even faster, all directions."  Councilor Damon agreed, stating "At least try it with a stop sign and see what happens.  All it takes is one person to not pay attention." The Manager responded that this suggestion will produce "unintended consequences.  Range Road is a natural through road.  When you place a stop sign, you have the possibility of rear end accidents.  A stop sign should not be used to slow down traffic.  I ask that you not put those signs in until we've completed the intersection repairs and the stop sign as designed.  I would be very hesitant to add stop signs anywhere else&at this time."  He noted there will be additional striping at all four angles "to get 'em to slow down.  In the absence of striping and signalization they'll just keep motoring along. We've had good success with the orange flags and we'll be doing the same at this intersection."

Motion by Councilor Moriarty, seconded by Councilor Kuntz, pursuant to the Traffic Ordinance, Article IV, Traffic Control Devices, to authorize the Town Manager to remove the yield sign at the intersection of the Range Road and Bruce Hill Road and install a stop sign at the same intersection on the Bruce Hill Road side, after striping and appropriate warning signs have been installed.

VOTE:             UNANIMOUS PASAGE 7-0

 06 - 009.         To consider and act on the Greely High School Pool License for calendar year 2006.

No public comments received.

Motion by Councilor Turner, seconded by Councilor Damon, to approve the Greely High School Pool License for 2006.

VOTE:             UNANIMOUS PASSAGE 7-0

06 - 010.         To consider and act on the 2005 Municipal Warrant For Prosecuting Unlicensed Dog Owners/Keepers.

The Manager explained the issuance of this Warrant is required annually pursuant to state law.  Councilor Storey requested the amount of the late fee and the Clerk responded that a late fee of $25.00 will become effective on February 1, 2006.  Councilor Storey encouraged all unlicensed dog owners/keepers to license their dogs prior to February 1^st. No public comments received.

Motion by Councilor Porter, seconded by Councilor Moriarty, to adopt the 2005 Municipal Warrant For Prosecuting Unlicensed Dog Owners/Keepers.

VOTE:             UNANIMOUS PASSAGE 7-0

06 - 011.         To consider and act on the Chebeague Island Inn Liquor License.  TABLED.

Motion by Councilor Moriarty, seconded by Councilor Kuntz, to table by this item until May, 2006.

VOTE:             UNANIMOUS PASSAGE 7-0

V.                 NEW BUSINESS

Councilor Turner - none

Councilor Damon - none

Councilor Storey - none

Councilor Kuntz - none

Councilor Moriarty - Open House at renovated Junior High this Saturday, January 14^th, from 1 to 4 - free food and music.  Should start ball rolling for appointment of new Comprehensive Plan Committee " it's been over 10 years since previous committee started its work and its a 2-3 year process. Manager responded that the timing is difficult right now, recommending council conduct a joint workshop with the Planning Board in February.  Councilor Damon added that we should get the word around town.  "If we could have a goal that the committee would be in place by the time we're ready to go that may alleviate some of the lag time." 

Chairman Stiles -  requested Councilors Moriarty and Kuntz serve on the Route 100 Corridor Advisory Committee.  Noted town is "getting ready to begin development of next year's budget" addressing process and time for meetings.  The consensus was for Saturday meetings - sometime in March.  

Motion by Councilor Storey, seconded by Councilor Damon to appoint Councilors Moriarty and Kuntz to the Route 100 Corridor Advisory Committee.

VOTE:             UNANIMOUS PASSAGE

The Chairman received concerns regarding the availability of the green trash bags. Stores are sold out and they're saying their providers are back ordered or they are not able to get them.  Mgr replied that the town has 10,000 bags in inventory and he will address the issue tomorrow.

Councilor Porter - asked about status of changing over road signs for the roads now receiving plowing services. Manager stated "85% of them are done.  We're just waiting for the remaining signs to come in." Councilor Porter requested an update on the solid waste numbers and savings since PAYT was implemented.

Town Manager -  Recommended meeting with RWS General Manager in workshop at the conclusion of the January 23, 2006 council meeting.   

VI.              EXECUTIVE SESSION

Motion by Councilor Porter, seconded by Councilor Turner, to move into Executive Session pursuant to 1 MRSA, Section 405(6)(a) to discuss personnel.

VOTE:             UNANIMOUS PASAGE 7-0

TIME:              8:21 p.m.

Motion by Councilor Kuntz, seconded by Councilor Porter to return from Executive Session.

VOTE:             UNANIMOUS PASSAGE 7-0

TIME:              8:40 p.m.

Motion by Councilor Kuntz, seconded by Councilor Porter, to express our appreciation for the incredible work the Town Manager has provided during the secession negotiations.

VOTE:             UNANIMOUS PASSAGE 7-0

TIME:              8:41 p.m.

VII.           ADJOURNMENT

Motion by Councilor Kuntz, seconded by Councilor Moriarty, to adjourn.

VOTE:             UNANIMOUS PASSAGE 7-0

TIME:              8:42 p.m.

 

Respectfully submitted,

 

Nadeen Daniels, CMC
Cumberland Town Clerk

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