Town Council Minutes 5/10/2004

MINUTES

                                                Monday, May 10, 2004


7:00 PM        CALL TO ORDER

Attendance:  Chairman Porter, Councilors Savasuk, Damon, Storey, Kuntz, Moriarty and Stiles present.


I.      APPROVAL OF MINUTES
a.      April 26, 2004

b.      May 4, 2004

II.     MANAGER'S REPORT
 
None.

III.    PUBLIC DISCUSSION

None

IV.     LEGISLATION AND POLICY

Chairman Porter announced Item 04-058 would be taken out of order at this time.

04  058.       To appoint Democratic election clerks.

        Motion by Councilor Damon to appoint the election clerks as submitted;
        Seconded by Councilor Stiles.
        VOTE:         UNANIMOUS 7-0

Manager Shane read the referendum question language as prepared by the town attorney and the Chairman opened the item to public comments.  

During the public hearing forty individuals spoke, all in opposition to a referendum.  Beverly Johnson, Chebeague Island, presented a petition containing 158 signatures which "we got from two days on Chebeague Island.  Beth Howe, member of the Cumberland Planning Board, and retired teacher of urban planning in Wisconsin, stated the Long Range Plan survey includes emphasizing the town"s rural character and protecting the environmental resources.  She referred to the zoning ordinance as a promise&by the town government to the residents of the town&which allows people to have stable expectations of things that are important to them.  The wording of our zoning ordinance she stated, says any zone change shall be consistent with the Comprehensive Plan and with the existing uses in the zone; those that are already there on Hope Island.  Beyond that it breaks the zoning ordinances promise to surrounding residents and property owners.  

Public comments were generally focused around issues of impact to the fishing waters, safety concerns, timing, regional impact, and consistency with the towns comprehensive plan.  Mr. Ernie Burgess, Chebeague Island, remarked hes been fishing for 55 years. We jealously protect our resource.  We dont want it in our bay.  Mr. John Lambert suggested presumably the purpose of the June 8^th advisory referendum is to get an informed vote of the electorate.  The vote will take on weight that is way beyond advisory.  Having this advisory vote when the owner hasnt even showed to you he has an equitable interest in this property&is simply unfair and going to result in a vote that really is meaningless.  I dont know enough about the type of facility being proposed, and Im not going to know before June 8^th.  This is a regional problem.  Mr. Tom Allen and Paul Hickey of Harpswell spoke and thanked the Cumberland residents for their work with the very public battle in Harpswell adding No money is worth losing what Harpswell lost.  Four residents of Cliff Island spoke against the proposal.  Mr. Steve Little, President of the Cliff Island Association, addressed safety concerns, noting the LNG terminal could become a potential terrorism target.  Mr. Roger Berle, Cliff Island, believes the project will threaten the livability of the three year-round island communities.  Mr. Mark Green, Long Island, presented a resolution from the voters of Long Island produced during their annual town meeting held Saturday, March 8^th, urging the town council to reject Hope Island as a totally inappropriate site. Mr. Robert Laughlin, Great Diamond Association, expressed the associations opposition stating its like painting a bulls eye on the island.  Ms. Mary Cushman, Chebeague, stated its time to start listening to the energy safety advocates, referring to the Conservation Law Foundations recommendation for a region-wide approach to the siting of a LNG terminal in New England.  Ms. Chris McDuffie, President of the Oceanside Trust of Casco Bay, stated the group strongly opposes this project because it will imperil the traditional activities of nearby communities.   Mr. Chuck Harvey, Chebeague Island, shared his thoughts regarding the tax reform referendum, suggesting communities who look for a quick fix to their tax problems invite a trojan horse every time. Additional speakers from Chebeague and/or the mainland included Jonathan Rich, Mike Robinson, Susan Burgess, Jim Phipps, Leila Bisharat, Pam Curran, Kathy Leighton, Judy Wohl, Roy Jackson, Bette Tellinghuisen, Laurie Wood, Mabel Doughty, Michael Porter, Sam Ballard, Joan Robinson, John Wilson, Dave Stevens, Doug Clark, Claire Ross and John Maxon. Additional speakers included Bob Kreger and Eric Anderson of Cliff Island; Dick Clark, and Steve Train of Long Island; Kathleen Perry, Cousins Island, and Diane OReilly, Cliff Island.  Public discussion concluded at 10:06 p.m.

During town council discussion Councilor Damon noted the Penobscot Bay communities have almost unanimously said they are not interested in an LNG plant and suggested the CLFs call for a regional approach is a proactive one because of the number of island communities in these bays.  Further, she believes there is absolutely not enough substantive information&.to go forward.

Councilor Savasuk suggested the council reconsider its vote.  The maritime industry is a long standing tradition in Maine.  The zoning ordinance is a comprehensive plan of our forefathers.  The people of the town of Cumberland have already spoken.  Its too big for any one town.  We should force our state and federal government to spend the time and money& to become informed what the proper place is for an LNG terminal.  With reference to the timing of an election, he suggested wording as follows: should the town council pursue a fact finding process in order to later decide whether to negotiate a contract zone.  

Councilor Kuntz stated the councils action was not meant to be against the island community, indicating his support to reconsider.  

Councilor Story believes it will never fly in the State of Maine, but nevertheless believed it was a smart decision to do it the way we did it&because we could spend thousands like Harpswell did.  

Councilor Stiles suggested we still are working in the dark not knowing how the rest of the town would feel about this.  None of us have made a commitment one way or the other.  I dont think this is the right place for it.

Councilor Moriarty agreed, offering, The issue brought to us was unique and unprecedented. We saw the referendum as a way of involving them early on so we dont spend a lot of resources, energy and political capital on something that may not have broad based public support.  I appreciate your comments regarding the inadequacy of the information.  Upon stating his support of a regional approach, he added his support of a motion to rescind the councils prior action setting an advisory referendum.

Chairman Porter stated I have not changed my opinion. We are elected by the entire town.  I think this should be brought before the voters.  Its irresponsible¬ to pursue this further.  Weve heard a lot of information this evening&weve jumped all the way to the end.

04  054.       To schedule Tuesday, May 18^th, 7:00 p.m., Greely High School Auditorium, and Saturday,

  
During public comment Carol White, Chebeague Island, requested the town council contact the Governor, our Senators, and the Conservation Law Foundation, because its way too complex for us to deal with as a small community.  The right thing to do is to respond by saying this is not appropriate for us to deal with as a community.  Further, she believes a hearing would be confusing.  If you want a hearing have a regional
hearing about their general proposal.  Additional speakers in opposition were: Mr. Chuck Harvey who suggested this is already regional.  Theres nothing to get info about at this point.  Mr. Roger Berle, Cliff Island, added youre playing with everyones expectations up and down the coast.  The better bet is to sit back and see if the town can be one of 400 towns or 50 or 60 coastal towns.   

Councilor Savasuk believes the town of Cumberland should take the lead on this because its gonna go to some other town.  The Governor and our representatives have a lot more resources than we have to try to make a decision like this.  I just cant sit here and make a decision when its gonna impact so drastically upon other people.

Chairman Porter noted If  FERC decided Hope Island is the best spot weve seen, that totally takes any input out by the local community.  I like the idea of a regional approach; its certainly worth pursuing.  

What I learned was that the process is basically flawed expressed Councilor Damon.  Were expected to make a decision with absolutely no facts.  This is why it went down in Harpswell in the end.  We were asking the people of the Town of Cumberland to make a decision based on no information.  She suggested, if an informational meeting were scheduled, it should be put off two or three weeks so youd at least have some reason why people would want to come.

Manager Shane clarified that Governor Baldacci offered his assistance but we informed him we would use his office as a resource&but we did not want him to come out and advocate for or against the project.  Chairman Porter added that he asked the governor not to get involved and he was respectful of that wish.  I wanted this to be our communitys decision.  

Councilor Moriarty suggested the issue is on our table like it or not.  The problems here is whats the cart and whats horse. He supports at least one informational meeting so the public will be provided an opportunity to ask direct questions of LNG representatives.  Give the public a sense of the scope, size and potential impact of a project like this.  It may generate some interest in a more regional approach.  There are those without the firsthand experience of living in the bay that need to know more about this.

Councilor Kuntz asked Are we just kidding ourselves to have these public informational meetings after the vote we just took?  We should be involved in pursuing the regional discussions.

No action taken on this item.

        Seconded by Councilor Stiles.
        VOTE:         UNANIMOUS 7-0

04  055        To hold a public hearing to consider and act on a request for a change to the
               speed limit along a portion of Greely Road.

04  057.       To hold a public hearing to consider and act on an amendment to Section 121 of the Cumberland                Shellfish Ordinance related to its duration period.

04  059.       To set a date to hold a public hearing to consider and act on a Restaurant/Lounge license for

IV.     NEW BUSINESS

Councilor Savasuk  none
Councilor Damon  none
Councilor Storey  none
Councilor Kuntz  none
Chairman Porter  none
Councilor Moriarty  none
Councilor Stiles  none
Manager Shane - none

Respectfully submitted,

Nadeen M. Daniels, CMC
Town Clerk