Town of Cumberland, Maine - Town Council Minutes 12/9/2003

Call to order in the Council Chambers at Cumberland Town Hall at 7:00 p.m.
Present: Chairman Porter, Councilors Moriarty, Stiles, Storey, Damon and Savasuk.
Excused: Councilor Kuntz.

Approval of Minutes

November 25, 2002
Motion by Councilor Moriarty;
Seconded by Councilor Damon.
VOTE: UNANIMOUS 6-0

                             December 5, 2002
                             Motion by Councilor Stiles;
                             Seconded by Councilor Storey.
                             VOTE: UNANIMOUS 6-0

Managers Report

Manager Benson reported that the Town Council will receive a report from Dick Bradbury

at its January 13^th meeting regarding brown tail moth infestation. The Manager relayed a request from John Duncan, PACTS Director, to meet with the Town Council to provide an introduction to the PACTS process.

Public Discussion

None

Legislation and Policy

02 138 To hold public hearing and act on application by Cumberland Salvage, Inc.

for renewal of an auto graveyard/junkyard permit.

Manager Benson indicated this business has been operating for a number of years and has

received a favorable recommendation for approval by the Towns Code Enforcement Officer. Councilor Stiles thanked Cumberland Salvage for their support to the Town in supplying vehicles for training Cumberland rescue personnel.

                             Motion by Councilor Savasuk to approve the renewal license for Cumberland Salvage;
                             Seconded by Councilor Stiles.
                             VOTE:   UNANIMOUS 6-0

02 139 To hold public hearing and act on application by Thomas Greenlaw for
renewal of an auto graveyard/junkyard permit.

                             Manager Benson referenced the Town Code Enforcements memo regarding this license renewal application. The CEO noted additional fencing has not yet been installed as required. She recommended conditional approval of the renewal permit.

                             Motion by Councilor Storey to grant the renewal graveyard/junkyard permit with the conditions mentioned;
                             Seconded by Councilor Moriarty.
                             VOTE:   UNANIMOUS 6-0

02 140 To hold public hearing and act on proposed amendment to Board of Assessment Review Ordinance changing membership from three (3) members and two (2) alternates to five (5) members pursuant to authority granted by 30-A M.R.S.A. Section 2526(6).

This ordinance amendment changes the membership of the Board of Assessment Review
from 3 members and 2 alternates to 5 members in order to conform the ordinance to the practice of

the Board. For some time, the Town has treated all five members as if they were voting members of the Board. By amending the ordinance, it confirms that all five may act. The term of each member shall be three years.

        Motion by Councilor Stiles to adopt the amendment to the Board of Assessment Review
Ordinance to change the membership from 3 members and 2 alternates to 5 members pursuant to
Section 2526 of Title 30A, M.R.S.A.;
        Seconded by Councilor Savasuk.
        VOTE:   UNANIMOUS 6-0

02 141        To approve SAD 51 Swimming Pool license renewal for 2003.

        The pool has been inspected by the Towns Health Officer, Eileen Wyatt, who
recommends approval. Manager Benson indicated that the Health and Code Enforcement
Officers intend to review the existing ordinance language for possible updates.

                             Motion by Councilor Moriarty to approve the SAD 51 swimming pool license renewal for                        2003;
                             Seconded by Councilor Stiles.
                             VOTE: UNANIMOUS 6-0

02 142 To set date for Chebeague Island meeting re: Stone Wharf Committee report.

Several councilors noted the difficulty of scheduling a meeting date during the month of
December which would ensure optimal attendance. It was determined a meeting date during the week
of January 6^th or 13^th was best suited for optimum attendance. Councilor Damon requested the Town
Clerk submit a meeting notice for inclusion in the January edition of the Island Calendar.

                             Motion made by Council Moriarty to hold a special meeting on January 6, 2003 (or an alternate date during the first two weeks in January dependent upon the availability of the Island Hall);
                             Seconded by Councilor Damon.
                             VOTE: UNANIMOUS 6-0

02 143 To authorize Town Manager to borrow $1,500,000 in Tax Anticipation Notes.

The Town Manager presented a "Notice of Sale Authorizing Tax

Anticipation Borrowing. Order 02-143 authorizes borrowing through the issuance of tax anticipation notes in anticipation of the collections or receipts from taxes, in an amount or amounts not to exceed $1.5 million dollars.   Any funds not utilized in assisting with cash flow issues will be invested.

                             Motion by Councilor Savasuk to approve Order 02-143 to authorize the Town Manager to borrow $1,500,000 in Tax Anticipation Notes;
                             Seconded by Councilor Damon.
                             VOTE:   UNANIMOUS 6-0

02 144 Nominating Committee appointments.

Chairman Porter indicated this item would be dealt with upon the conclusion of this evenings Executive Session.

Correspondence:

*Councilor Savasuk - Referenced recent amendments to state Subdivision laws. Requested this issue be forwarded to the Town Attorney for review.
*Councilor Damon - Received requests for evening hours at Town Hall. Suggested even once a week or month from 6-8 pm for working citizens. Chairman Porter expressed his concurrence, suggesting weve been slow to do it because it would cost us money. He requested the Manager reflect on this issue and advise the Council at a future date.
*Councilor Storey none
*Councilor Kuntz none
*Councilor Moriarty none
*Councilor Stiles - none
*Chairman Porter Referenced the recent rate increase by Time Warner; received letter from Jeff Sturgis, Maine Principals Association thanking the Town for the use of Twin Brooks for the cross country championships.

New Business

*Councilor Stiles Reported a recent brainstorming meeting of the Regionalization Committee. He requested an appropriation of $2,500 as Cumberlands equal share toward future expenses.

Motion by Councilor Stiles to appropriate $2,500 to the Regionalization Committee for potential future expenses; Seconded by Councilor Savasuk. Councilor Moriarty described this request as an earmarking of funds for potential future expenses. He explained the Council will receive an update at the time these funds are spent.
VOTE: UNANIMOUS 6-0

*Councilor Moriarty none
*Councilor Kuntz none

*Councilor Storey Referred to the signage at the intersection of Tuttle Road and Route 88. Town Manager Benson stated the Public Works Director, Adam Ogden, has met with MDOT representatives and received permission to blacken out the striping. Councilor Storey noted, however, that the painting has worn off. Manager Benson replied he will contact MDOT again.
*Councilor Damon Noted that she has received a request from representatives of the Maine Land Bank expressing an interest in making a presentation to the Town Council regarding their tax reform proposal. She feels it would be beneficial for the Council to receive a formal presentation.
*Councilor Savasuk none
*Chairman Porter none

VIII. Executive Session re: manager hiring process.

Motion by Councilor Stiles to recess to Executive Session to discuss the Town Manager

hiring process;

Seconded by Councilor Damon.

VOTE: UNANIMOUS 6-0

                             TIME: 7:46 p.m.

                             Motion by Councilor Storey to come out of Executive Session;
                             Seconded by Councilor Moriarty.
                             TIME: 9:27 p.m.

                             Motion by Councilor Storey to approve the following appointments: Lisa Nolan, Prince Memorial Library Advisory Board; Linda Toby and Rick Doane, Val Halla Golf & Recreation Center Board of Trustees;
                             Seconded by Councilor Moriarty.
                             VOTE:   UNANIMOUS 5-0 (Councilor Damon abstained)

                             Motion by Councilor Storey to adjourn;
                             Seconded by Councilor Moriarty.
                             VOTE:   UNANIMOUS 6-0
                             TIME: 9:30 p.m.

Respectfully submitted,

Nadeen Daniels, CMC
Town Clerk