Town Council Minutes 11/25/2002

TOWN OF CUMBERLAND
MEETING OF THE TOWN COUNCIL
                                                         TOWN COUNCIL CHAMBERS

                                                                MINUTES


Attendance: Chairman Jeffrey Porter, Councilors Michael Savasuk, Harland Storey, Mark Kuntz, Stephen Moriarty and William Stiles. (Councilor Damon in at 7:04 p.m.)

Call to order in the Council Chambers at Cumberland Town Hall at 7:00 p.m.

Approval of Minutes

Manager's Report

        Manager Benson spoke with a post office representative, who advised him there are no plans to begin a remodeling or expansion on Farwell Avenue, now or in the foreseeable future.  He anticipates a report in mid-December regarding brown tail moths.   Councilor Moriarty requested Mr. Bradbury meet with the Town Council to review his report and suggested extending an invitation to the members of the newly formed Regionalization Committee.  

IV.     Public Discussion

Legislation and Policy

02  130               To accept as a gift to the Town from Martha Hough, Barbara Thorp and Elizabeth
                             Gosselin, the difference between the $200,000 purchase price for 12.66 acres of land
                             Westerly of, but not adjacent to, the North Road on Chebeague Island (Tax Map 16,

                             Town Manager to complete and file appropriate IRS forms documenting said gift.

               Manager Benson stated this item will confirm to the Gosselin family and IRS that the town has accepted the value of $283,000 as a gift to the Town of Cumberland for IRS tax purposes.  Upon approval by the Council, he will complete the appropriate IRS forms and forward the same to the Gosselin family.

Motion by Councilor Stiles to authorize the Town Manager to accept as a gift to the town from Martha Hough, Barbara Thorp and Elizabeth Gosselin, the difference between the $200,000 purchase price, for 12.66 acres of land Westerly of, but not adjacent to, the North Road on Chebeague Island (on Tax Map 16, Lot 14), and the recent appraisal done for the town of $283,000, and to authorize the Town Manager to complete and file appropriate IRS forms documenting said gift; seconded by Councilor Damon.

               Ted Curtis, Cumberland Harbor Master, presented the Shellfish Conservation Commissions 2002 Annual Report and 2002 Shellfish Warden's Year End Report.  He and the committee are recommending the Town Council repeat the same shellfish licensing program and shellfish harvesting areas offered last year.  The commercial harvesting areas will include all of Great Chebeague Island and the mainland area from end of Sea Cove northerly to the outflow boundary of Wildwood Beach. A commercial license will be valid for 90 days of commercial harvesting and revert to a recreational license the remaining 275 days of the year.
               Councilor Damon shared concerns she has received regarding the practice of offering resident licenses to non-residents on April 1^st each year.  Councilor Damon believes the limit on the number of monthly licenses combined with the "roll-over result in a limited number of recreational licenses available to town residents. She suggested it would be beneficial to Cumberland residents to extend the current roll-over date and requested a review of these two issues by the Shellfish Commission, for recommendation prior to April 1, 2003.      
               Council Chairman Porter compared the commercial license fees for Falmouth and Yarmouth, noting Yarmouths commercial fees are nearly quadruple that of Cumberlands.  He requested the Commission consider reviewing the fees as compared to surrounding communities.  Harbor Master Curtis agreed to provide a cross-section (of fees) up and down the coast and agreed to place a note in the island periodical regarding the resident licenses and fees and upcoming review by the Commission.  Chairman Porter thanked the Harbor Master and the Shellfish Conservation Committee for their service to the Town.

the Cumberland Shellfish Conservation Committee; seconded by Councilor Kuntz.
VOTE:  UNANIMOUS 7-0

the LB Zone.  At it's October 15^th meeting, the Planning Board voted unanimously to forward to the Town Council a recommendation to adopt an amendment to allow duplexes as a special exception use in the Limited Business Zone.

boundaries of the LB Zone. Councilor Moriarty and others made clear no change to the boundaries of the district are proposed and the minimum lot size remains at 40,000 square feet per dwelling unit.  The proposal merely adds an additional use within that zone.  
        Jeanne Rapone, 242 Gray Road, expressed her support for Mr. Jensens request, exclusively; but requested the Council disapprove future duplexes. She is concerned with opening it up more broadly, and believes allowing more multi-family dwellings will reduce the value of other homes in the area.
        Several councilors expressed their belief the ordinance amendment as proposed will help to reduce sprawl and the number of driveway openings, allow for more open space, and provide additional rental opportunities in town. It was also noted that duplexes are currently permitted in many zones including the RR1, RR2, Low and Medium Density Residential, and Island Residential Districts.

to allow duplex dwellings as a special exception (use) in the LB District, as shown in the materials provided this evening, with the proviso that the words dwelling unit are added and the word family is deleted under Section 204.6.3.2; seconded by Councilor Stiles.
VOTE:  UNANIMOUS 7-0

               Code Enforcement Officer, Barbara McPheters, explained the proposed typographical corrections are necessary to clean up word processing deficiencies and other miscellaneous spelling and numbering errors.
               Councilor Moriarty noted two additional corrections.  Specifically, in Section 410.3.6, Standards, the words public works should be added, and the word highway should be deleted.  
               Motion by Councilor Moriarty to amend the Cumberland Zoning Ordinance to insert the various typographical corrections shown to us in the material provided in the packet; seconded by Councilor Stiles.
VOTE:  UNANIMOUS 7-0

Correspondence

*Councilor Savasuk - Expressed concern regarding the dangerous intersection at Tuttle Road and Route 88. There continue to be near misses and something should be done immediately.  Manager Benson responded that he has requested the State review the intersection once again and correct the signage.
*Councilor Damon - Spoke with Wayne Dyer who has indicated that Gallant's Garage in No. Yarmouth has agreed to take Chebeagues junk cars.
*Councilor Storey - Feels the striping by the State of the Kings Highway incorrectly promotes Kings Highway as the main road to Route 88.  Feels yield signs should be placed at this intersection.
*Councilor Stiles - He has received correspondence from the Regional Consolidation Committee regarding possible first meeting date of December 4, 2002.  He would like to offer Cumberlands facilities for meeting space.
*Chairman Porter - Requested Manager go on record with the State regarding the Route 88/Kings Highway intersection.

 New Business
*Councilor Savasuk - He attended a presentation covering the changes to the State Subdivision Laws. He suggested speaking with Town Attorney to question whether local ordinance should be amended accordingly.  He will prepare a memo to the Council regarding this issue.
*Councilor Damon - Questioned whether fundraising was complete for Tuttle Town. Any monies received from North Yarmouth?  She commended the Greely High School fall sports teams for a great season. Noted the Greely drama production was finest she's ever seen at any high school. In response to Councilor Kuntz's comments, she referred to the existence of a state law regarding travel by ATV's on public roads.
*Councilor Storey - Expressed request by Tuttle Road Church that town trucks not use church driveway as a turn-around. Doesn't believe that is the case, but was asked to bring it to Towns attention, due to newly paved driveway.
*Councilor Kuntz - Concern regarding ATV activity in West Cumberland. Prior discussions with Chief Charron resulted in lessened activity; however, activity has increased of late.  Manager Benson will refer the issue to Chief Charron.  Councilor Kuntz expressed support for Councilor Moriarty's suggestion for improvements to Town Hall, noting it brings a sense of community into the Town Hall.  He suggested highlighting industries such as transportation or fishing.
*Councilor Moriarty - Suggested town confer with our Town Attorney regarding the need for a presentation to the Town of the changes to the State Subdivision Laws. Believes an ordinance regarding regulation of ATVs was adopted by town in 1985. Manager Benson will review the code and have an update for the Council at its December 9^th meeting.  Sought thoughts of Councilors with reference to his memo re: improvements to Town Hall by placing themed areas within the Town Hall reflecting the regional cultural history and heritage, beginning with the renaming of the East and West conference rooms to the Chebeague and Foreside rooms.  These rooms would also be decorated with material from the Mainland and Island Historical Societies.  Recently attended a COG meeting on central corridor coalition transportation improvements.  Discussions included the concept of a commuter train northbound to Brunswick.
*Councilor Stiles - Believes Councilor Moriarty's suggestions for improvements to Town Hall are a great idea; however, he questioned whether the renaming of conference rooms as proposed could be viewed as dividing the town.  Suggested renaming could be limited to distinguished members of the community.  Recommended a yearly rotation of themes. Displays in the foyer and conference walls are a good idea.  Sought update on the status of the multi-purpose field.  Commented on the success of the recent joint Planning Board/Town Council workshop.
*Chairman Porter - Agreed with Councilor Stiles regarding possible perception of divisiveness. He wholeheartedly supports concept of placing photos, etcetera, in Town Hall.  Feels it is long overdue.  Also would like to see portraits of past town councilors placed in Town Hall.

Councilor Damon - When moving out of the former Town Hall, several 8x10 black and white glossies of former councilors were saved, with the intent to utilize them in the new Town Hall.  She feels we could look at this institutionally; i.e., churches, schools, and/or businesses.  Councilor Damon also supports the concept of highlighting the geographical development of the town, and mentioned the use of consultants available for such an endeavor.
*Councilors agreed to refer this issue to Assistant Town Manager, Carla Nixon, to put together a team to review this issue.

VII.    EXECUTIVE SESSION re: land acquisition, hardship abatement and personnel.

acquisition, hardship abatement and personnel; seconded by Councilor Damon.  
      VOTE:  UNANIMOUS  7-0  8:32 p.m.

      Motion to come out of Executive Session by Councilor Moriarty; seconded by Councilor Kuntz.
      VOTE:  UNANIMOUS 7-0
      TIME:  9:42 p.m.

      Motion by Councilor Stiles to grant abatement request to 36 M.R.S.A., subsection 841(2) in the sum of $855.23 for tax year 2002; seconded                       by Councilor Kuntz.
      VOTE:  UNANIMOUS 7-0

      Motion to adjourn by Councilor Stiles; seconded by Councilor Moriarty.
      VOTE:  UNANIMOUS  7-0
       TIME:  9:45 p.m.


Respectfully submitted,



Nadeen M. Daniels, CMC
Town Clerk