TOWN OF CUMBERLAND
 MEETING OF THE TOWN COUNCIL
MONDAY, NOVEMBER 26, 2001       

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

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

Manager's Report

No Report

Public Discussion

None

Legislation and Policy

01-94   To swear in Town Councilor Michael Savasuk

Deputy Clerk Debbie Flanagan swore in newly elected Town Councilor Michael Savasuk.

01-95   To receive request for Fairground Overlay Zone

The Farmer"s Club encountered an issue last year concerning the Barnum & Bailey Circus and existing zoning for the Fairgrounds.  Agricultural and grandfathered uses are permitted on existing zoning for that area of Cumberland.  The circus was denied because it was a new request and present zoning did not allow a permit.  Francis Small of the Farmers Club asked the Council to initiate a process to permit a circus and similar events to be held at the Fairgrounds.  Town Planner presented a draft ordinance that mirrored communities such as Topsham and Fryeburg that held similar events.  Chairman Moriarty gave a draft ordinance amendment to Francis Small to present to the Farmers Club called 'Fairgrounds Overlay District which would apply only to the Cumberland Fairgrounds and not to the entire RR2 zone.  They expressed strong support for the draft as written.

Councilor Kuntz moved to refer this item to the Planning Board for further input and recommendation and be returned to the Town Council for consideration.
Second by Councilor Porter
VOTE:  Unanimous (7)

01-96   To authorize purchase of fire truck

Councilor Bingham moved to authorize purchase of fire truck.
Second by Councilor Storey
VOTE:  Unanimous (7)

Discussion on the Motion
More information was requested by the Council regarding 20, 15 and 10 year bond issue tax rate costs.

01-83   To accept payment of foreclosed taxes and issuance quit claim deed  (Map I07    
Lot 71) (Tabled from 11/13/01)

Attorney Terry Snow was present to represent his clients.  Purchasing the 1.24 acre subdivision parcel at fair market value is not advantageous for the town to consider.  Discussion and review of tax policy ensued.
Councilor Bingham moved to accept payment of taxes and issue quit claim deed.
Second by Councilor Kuntz
VOTE:   In Favor (4)
                      Opposed (2)  (Porter, Storey)
                      Abstained (1)  (Damon)

01-97   To hold a Public Hearing to consider and act on application by Winn Road LLC  
            d/b/a Route 9 Diner for a Liquor License and Victualers License.

                                    The owners/managers were still waiting for inspections and paperwork to be
completed before requesting Liquor License approval.

Councilor Damon moved to table this item until December 11th meeting.
                                    Second by Councilor Bingham
                                    VOTE:  Unanimous (7)

                                    Discussion on the Motion:
                                    Bill & Maureen Ward expressed their concern regarding vehicle traffic and
seating.

01-98   To hold a Public Hearing to consider an amendment to 204.8 of Zoning Ordinance - Southern Office Commercial Zone and to set date for Public Hearing to act.

This item was taken out of order prior to item 01-95.

Councilor Bingham moved to refer this item to the Planning Board for further recommendation to consider contract zoning options developed by the Town Manager and Town Attorney, Mr. Kennedy and interested parties.
Second by Councilor Porter.
VOTE:  Unanimous (7)

01-93   To act on application of Val Halla Golf & Recreation Center for Liquor License
Renewal (Tabled from 11/13/01)

Councilor Storey moved to approve application of Val Halla Golf and Recreation Center for Liquor License.
Second by Councilor Porter
VOTE:   In Favor (5)
                      Opposed (2) (Damon, Kuntz)

01-99   To award solid waste hauling bid

Town Manager reported, out of the 3 lowest bids, Pine Tree Waste placed the lowest bid for solid waste hauling.

Councilor Bingham moved to award the solid waste collection and transportation bid (as attached) to Pine Tree Waste for a 5-year term subject to an annual review by the Town Manager regarding compliance with the terms of contract.  
Second by Councilor Porter
VOTE:  In Favor (6)
                      Opposed (1) (Kuntz)

01-100  To set date for Council Meetings in December

Councilor Storey moved to set dates of December 6th at 7:30 pm to discuss changes to the health insurance of the staff; December 11th and December 17th to hold Public Hearings.
Second by Councilor Kuntz
VOTE:  Unanimous (7)

01-101  To set date to consider amendments to the Growth Management Ordinance

Councilor Storey moved to set date of December 17th of Public Hearing to consider and act on amendments to the Growth Management Ordinance.
Second by Councilor Kuntz
VOTE:  Unanimous (7)

01-102  Nominating Committee Appointments

Councilor Damon moved to table this item until December 6th.
Second by Councilor Porter
VOTE:  Unanimous (7)

Correspondence

§       Current Growth Management Ordinance
§       Growth Management Ordinance Amendment Draft 11/26/01
§       Memo from Town Planner RE: Office Commercial Zone Amendments dtd 11/21/01
§       Portland Chamber of Commerce Eggs & Issues December Speaker Announcement dtd 11/19/01
§       TOC Notes to Financial Statements  Bonds & Notes Payable Long Term Debts
§       RWS Solid Waste Report  November 01
§       GPCOA ltr dtd 11/9/01 RE: Falmouth Property Tax Relief Forum
§       Cumberland County Civic Center Memo & Agenda dtd 11/9/01 RE: Board of Trustee Meeting
§       Office of the Cumberland County Sheriff dtd11/8/01 RE: Committee to Study the Needs of Persons with Mental Illness Who Are Incarcerated.
§       TOC Financial Reports of October 01
§       Cumberland County Commissioners Meeting Minutes of 10/22/01
§       Cumberland County Commissioners Meeting Minutes of 10/29/01

Emailed to Council Members prior meeting:
§       MSAD 51 Minutes of 11/5/01
§       MSAD 51 Agenda of 11/19/01

Correspondence Discussion
§       Councilor Damon reported comments regarding the safety of the ramps at Cousins Island.
§       Letters distributed to all Town Councilors by the County Manager for a meeting 11/26/01.  The letters were received the same day as the meeting RE: Charter Commissioner increase.

New Business

Town Manager received a letter from the City of Portland dtd 11/20/01 RE:

Councilor Bingham requested the Staff look into keeping the Town Offices open the day after Thanksgiving.  He also asked about the status of the Maxner water issue.

Councilor Kuntz asked about the status of the DEP regarding West Cumberland (ie. Heinz & Hutchins)

Chairman Moriarty requested status update of the Chebeague Island water sample study.  Town Manager said it was ongoing at this time.

Adjourn

Councilor Kuntz moved to come out of Executive Session to adjourn meeting
Second by Councilor Storey
VOTE: UNANIMOUS (7)

Respectfully submitted,


Lisa Brown
Administrative Assistant