Town Council Minutes 11/13/2001

TOWN OF CUMBERLAND
 MEETING OF THE TOWN COUNCIL
TUESDAY, NOVEMBER 13, 2001       

Present:  Stephen Moriarty, Jeff Porter, Mark Kuntz, Harland Storey, Donna Damon
Excused: Michael Savaskus, Peter Bingham

The meeting was called to order by Chairman Moriarty in the Council Chambers at Cumberland Town Hall at 7:00 p.m.

Approval of Minutes
a)      October 22, 2001
               
Councilor Storey moved to adopt October 22, 2001 minutes as written.
Second by Councilor Damon
VOTE:  UNANIMOUS (5)

Manager's Report

No Report

Public Discussion

None

Legislation and Policy

01-85   To hold a Public Hearing to solicit comments on secession petition of Hope Island.

Town Attorney Ken Cole explained the state statutes regarding secession and the process.
Acting Town Clerk, Debbie Flanagan called for nominations to elect a moderator for the proceedings.

Councilor Porter moved to elect Chairman Moriarty as Moderator.
Second by Councilor Damon

Councilor Damon moved to close nominations.
Second by Councilor Storey

Ballots were distributed to attending registered voters of the Town of Cumberland.   Ballots were collected and counted by the Acting Town Clerk.  
VOTE:  IN FAVOR (13 Registered Voters)
Acting Town Clerk announced 13 votes in favor of electing Chairman Moriarty as Moderator.

Acting Town Clerk administered the oath to accept duty of Moderator.
Moderator Moriarty opened the Public Hearing

Chris Nagle, Attorney representing Phyllis Cacoulidis, presented why his client was seeking secession from the Town of Cumberland.  Attorney Nagle said Phyllis Cacoulidis was paying taxes for services not afforded to her due to seclusion of the property.  

John Cacoulidis spoke on behalf of Phyllis Cacoulidis listing reasons why they wish to secede.

Assessor Bill Healy quoted the assessed value of Hope Island as $1,690,000.  The last Town Revaluation was conducted in 96-97.  The most recent assessed value was based on Building Permit Reports that were filed.

Residents Louise Doughty (Chebeague), Pat Amadon (Cumberland), Mark Robinson (Cumberland), Melissa Doughty (Chebeague) and Meg Miller (Cumberland) voiced their opinion.

Moderator Moriarty recommended that Phyllis Cacoulidis seek tax abatement procedure or inquire about public easements.

Moderator Moriarty summarized by announcing that the Town has 30-120 days to hold a Special Election to vote on a Secession Petition Referendum.  Moderator Moriarty recommended an Absentee Ballot be prepared for the voter.

Moderator Moriarty closed the Public Hearing at 8:06 pm.  No action was taken.  Moderator Moriarty returned to the Council Meeting.

01-86   To set Shellfish License allocations for 2002

Councilor Porter moved to adopt the 2002 Shellfish License allocations as recommended by the Cumberland Shellfish Conservation Commission.
Second by Councilor Storey

Discussion on the motion:
Councilor Porter asked the Harbormaster, Ted Curtis if there was a significant reason why the licenses can"t be extended all year.  Ted Curtis said that it wouldnt be an issue if the Town allowed licenses to be year round.

Councilor Porter moved to amend the motion to extend the Monthly Recreational Licenses to include all twelve months and the Daily Recreational Licenses to include all twelve months.
Second by Councilor Storey  
VOTE: UNANIMOUS (5)


01-87   To consider and act on opening part of the mainland shore for commercial shellfish digging.

Councilor Porter moved to adopt the Cumberland Shellfish Conservation Commissions recommendation to expand the present Shellfish license to include the mainland area from Sea Cove Road in Cumberland Foreside, north to the outflow at the northerly edge of Wildwood Beach for only the months of April and May, and to allow the commercial harvesting limit to be unlimited each tide during this time on the mainland only.
Second by Councilor Damon
VOTE:  UNANIMOUS (5)

Councilor Damon departed 8:40 pm

01-88   To hold a Public Hearing to adopt the MMA Model Ordinance General Assistance Appendixes A, B & C for the period of 10/01/01 to 10/01/02

Chairman Moriarty opened the Public Hearing.  
Public - no comments.
Chairman Moriarty closed the Public Hearing

Councilor Porter moved to adopt the MMA Model Ordinance General Assistance Appendixes A, B, & C for the period of 10/01/01 to 10/01/02.
Second by Councilor Storey
VOTE:  UNANIMOUS (4)

01-89   To set date for Public Hearing to consider and act on application by Winn Road LLC d/b/a Route 9 Diner for a Liquor License.

Councilor Kuntz moved to set date of November 26, 2001 to hold Public Hearing to consider and act on application by Winn Road LLC d/b/a Route 9 Diner for a Liquor License.
Second by Councilor Storey
VOTE: UNANIMOUS (4)

01-90   To set date for Public Hearing to consider and act on application of Cumberland Salvage, Inc. for an Automobile Graveyard and/or Junkyard Permit.

Councilor Storey moved to set date of December 17, 2001 to hold Public Hearing and act on application of Cumberland Salvage, Inc. for an Automobile Graveyard and/or Junkyard Permit.
Second by Councilor Porter
VOTE: UNANIMOUS (4)

01-91   To set date for Public Hearing to consider and act on application of Thomas Greenlaw for an Automobile Graveyard and/or Junkyard Permit.

Councilor Storey move to set date of December 17, 2001 to hold Public Hearing and act on application of Thomas Greenlaw for an Automobile Graveyard and/or Junkyard Permit.
Second by Councilor Porter
VOTE:  UNANIMOUS (4)

01-92   To set date for Public Hearing on amendments of 204.8 of Zoning Ordinance - Southern Office Commercial Zone.

Councilor Kuntz moved to set date of November 26, 2001 for Public Hearing on amendments of 204.8 of Zoning Ordinance  Southern Office Commercial Zone.
Second by Councilor Storey
VOTE:  UNANIMOUS (4)

01-93   To consider and act on application of Val Halla Golf & Recreation Center for Liquor License Renewal.

Councilor Storey moved to approve application of Val Halla Golf & Recreation Center for Liquor License Renewal.
Second by Councilor Porter

Discussion on the motion:
Councilor Kuntz recommended tabling the item until the next Town Council Meeting for November 26, 2001.

Councilor Storey moved to withdraw previous motion and moved to table this item until November 26, 2001.
Second by Councilor Kuntz
VOTE: UNANIMOUS (4)

01-83     To accept payment of foreclosed taxes and issuance of quit claim deed                            
Map I07 Lot 71 (Tabled)

This item taken out of order to precede item 01-87

2002 Assessment Evaluation of property is $41,600; land is 1.2 acres, taxes were $482.  The landowners attorney Terry Snowe said there were questions from the landowners regarding the lot being considered unbuildable, however, no written proof of those claims were found.  Chairman Moriarty recommended that the Councilors further review the Tax Acquired Property Policy before making a decision.  The land currently is considered 'town owned property and must be considered in accordance with the policy.

Councilor Porter moved to table this item until the next Council meeting on Monday, November 26th.
Second by Councilor Storey
VOTE:  (4) In Favor

Correspondence

§       Press Herald Article dtd 11/5/01 "Island-owners want to secede
§       TOC Shellfish Conservation Commission 2001 Annual Report
§       Election Results of Nov 6, 2001 TOC/MSAD Election
§       Memo fm Bill Healey, Assessor RE: Cumberland Mainland Population
§       Master Summary Report of Building Permits  September 2001
§       Master Summary Report of Building Permits  October 2001
§       Master Summary Report of Building Permits  October 2001 (Revised)
§       Growth Permit Log of 11/5/01
§       Impact Fee Log of 11/5/01
§       RWS Board Meeting Notice for 11/15/01
§       RWS Board of Directors Minutes of 10/18/01
§       State of Maine DOT ltr dtd 10/24/01 RE: New Law on Speed Limits
§       APWA Main Chapter ltr dtd 4/5/01 RE: LD 643 An act to allow municipalities to lower certain speed limits
§       Website printout from State of Maine Community Services Division RE:  How are Speed Limits Set?
§       Website printout Public Laws of Maine RE: Speed Limits
§       How to set a Local Speed Limit using Maine DOT criteria
§       Stone Wharf Committee Minutes of 11/01/01
§       State of Maine Dept of Education dtd 11/3/01 RE: School Funding in Maine Forum
§       Cumberland County Commissioners Budget Hearing Master Schedule
§       Maine Turnpike Authority ltr dtd 11/2/01 RE:  Widening Project
§       County of Cumberland Emergency Management Agency Sept 11th Economic Injury Disaster Loan Program
§       Portland Water District Public Hearing Notice for 11/13/01
§       Cumberland County Commissioners Special Meeting Minutes of 10/10/01
§       Email fm Steve Kenney dtd 10/18/01 RE: Budget vs. Property Taxes
§       Southern Maine Agency on Aging Recognition Luncheon 11/15/01
§       TOC Shellfish Conservation Commission Recommendations of 2002
§       Town of Gray memo dtd 11/5/01 RE: Regional Meeting on November 14, 2001
§       MSAD #51 Minutes of 10/24/01
§       MSAD #51 Minutes of 10/15/01
§       MSAD #51 Agenda of 11/5/01
§       GPCOG RE: Falmouth Property Tax Relief Forum
§       TOC Appeals Board Agenda of 11/8/01

New Business

Councilor Porter voiced his concerns of regarding voter turnout for the recent election.

Councilor Storey voiced his concerns of the new school building RE: tax increases in the next five years.

Adjourn

Councilor Porter moved to enter into Executive Session to discuss Land Acquisition at 9:00 pm.
Second by Councilor Kuntz
VOTE:  UNANIMOUS (4)

Councilor Kuntz moved to come out of Executive Session to adjourn meeting at 9:25 pm.
Second by Councilor Porter
VOTE: UNANIMOUS (4)

Respectfully submitted,


Lisa Brown
Administrative Assistant