 | Town Council Minutes 6-13-2005 MINUTES
CUMBERLAND TOWN COUNCIL MEETING
Town Council Chambers, 290 Tuttle Road
Monday, JUNE 13, 2005
6:00 p.m. - WORKSHOP with representatives of Chebeague Island 7:00 p.m. - Call To Order
Attendance: Chairman Stiles and Councilors Damon, Turner, Storey, Moriarty and Porter present at 6:00 p.m. Councilor Kuntz arrived at 6:40 p.m.
I.
II. | APPROVAL OF MINUTES
a) May 9, 2005
Motion by Councilor Porter; seconded by Councilor Kuntz to approve the May 9, 205 minutes.
VOTE: UNANIMOUS
b) May 23, 2005
Motion by Councilor Porter; seconded by Councilor Kuntz to approve the May 23, 2005
Minutes.
VOTE: UNANIMOUS
c) June 6, 2005
Motion by Councilor porter; seconded by Councilor Moriarty to approve the minutes of June 6, 2005.
VOTE: UNANIMOUS
MANAGER'S REPORT
Cumberland Public Works employees Dan Burr and Chris Logan recently competed in the State"s Highway Congress Rodeo, winning third place for snowplow operations. Mr. Burr has "typically finished in the top third in the state competing against other municipalities, MDOT, and Maine Turnpike Authority employees. The town will open bids Friday on our future trash and recycling collection program. RWS is implementing a two-sort system. Fiber products will be separated from all other materials. The packer truck will look like a standard truck, but is designed with one side dedicated to paper and other recycling materials. This will be more efficient and cost effective. Only two haulers participated in our pre-bid session. Councilor Damon commented that Cumberlands recycling rate has increased 2% in the last few months. Were doing a good job in Cumberland&keep it up.
| | | | III. | PUBLIC DISCUSSION
None.
| | IV. | LEGISLATION AND POLICY
| | 05 082. | To authorize the Town Manager to transfer funds from the undesignated fund balance to cover anticipated overdrawn operating accounts.
Manager Shane explained he will transfer unexpended funds between accounts to cover unanticipated overexpenditures. This has been a good year despite the weather. Our Charter requires Council authorization to transfer funds between accounts. The Manager also requested a transfer of $100,000 from undesignated funds to apply toward next years taxes. Chairman Stiles noted that the DPW expenditures were overexpended due to the emergency replacement of the salt shed and winter snow removal operations.
Motion by Councilor Moriarty, seconded by Councilor Kuntz to authorize the Town Manager to transfer revenues and unexpended operating funds from the 2005 fiscal year budget to cover unanticipated overages in the FY 2005 Operations Budget. Be it further ordered, that the Town Manager is hereby authorized to transfer $100,000 from Undesignated Fund Balance to be applied for property tax reduction purposes in FY 2006.
VOTE: UNANIMOUS 7-0
| | 05 083. | To hold a public hearing to consider and act upon amendment to the Cumberland Zoning Ordinance to add Section 204.15C West Cumberland Recreational Facility Overlay District.
No public comments received. Councilor Moriarty questioned the boundary definition. This zone will include town-owned property on Black Strap Road such as the Recreation Hall, Fire Station, and athletic fields. The Overlay Zone allows the uses mentioned as permissible uses but requires planning board approval.
Councilor Porter asked about the use of lighting in the outdoors facilities. The Town Manager noted, its permitted but still requires Planning Board process. Councilor Porter requested confirmation that Well have another bite at this apple to decide&all sporting events on that facility? The Manager confirmed that would be the case. Councilor Damon is concerned about the idea of lighting&weve gotten a little carried away with lights. Will the football field be lit? In responding, the Manager indicated its a possibility, but I dont see it happening today or tomorrow. If we got to a stage where the field use dictated it it would require Planning Board approval. Councilor Turner commented that during his tenure on the Zoning Board of Adjustments and Appeals it became almost tedious to consider special exceptions because the burden is shifted to the board. In the vast number of cases, special exceptions are granted. This ordinance revision merely facilitates the process and allows the Planning Board to make the decisions they ultimately make anyway.
Motion by Councilor Storey; seconded by Councilor Turner to amend the Cumberland Zoning Ordinance to add Section 204.15C West Cumberland Recreational Facility Overlay District.
VOTE: 6-1 PASSAGE (Councilor Damon) Councilor Damon her opposing vote was due to lighting concerns.
| | 05 084. | To hold a public hearing to consider and act upon amendment to the Cumberland Zoning Ordinance to add Section 204.15A - Val Halla Recreational Overlay District.
No public comments received. This overlay zone will permit specific ancillary structures such as a pump house and small shelter area for maintenance. Any major addition or expansion will still require Planning Board, Val Halla Trustees, and Town Council review and/or approval.
Councilor Porter asked for clarification that voting in the affirmative would not preclude snowmobiling from happening at Val Halla. The Manager responded affirmatively.
Motion by Councilor Porter; seconded by Councilor Storey to amend the Cumberland Zoning Ordinance to add Section 204.15A Val Halla Recreational Overlay District.
VOTE: UNANIMOUS
To address the issue of additional lights, Councilor Storey suggested an amendment to add language regarding lighting to the ordinance. Councilor Porter accepted this suggestion as a friendly amendment. The Town Manager indicated he would add Section .10 Parking and Tennis Court lighting.
| | 05 085. | To hold a public hearing to consider making application to the State of Maine for a beverage cart license to serve malt beverages on the Val Halla Golf Course.
The Manager stated this item seeks to authorize Val Halla to submit an application to the State for a mobile beverage cart license. He also requested a public hearing date be set for June 27 for the license hearing.
Ned Gribbin, Val Halla Business Manager, and Norene Ward, Board Trustee were in attendance and spoke in support of the item.
During the public hearing, Bill Green, 34 Val Halla Road, spoke in opposition. I think its a horrible idea. Golf is a game that requires tremendous concentration to play well. With the ability to purchase alcohol on the course, your purpose therefore becomes not to play good golf but to have one, two three or four beers. He also referenced a recent community meeting regarding alcohol use by kids in our town. They may think every time you play golf you have a beer. He also expressed concern regarding traffic in the Val Halla area. The idea that every other or third car growing by my house has had a drink makes me uncomfortable. He also noted that Val Halla is not a club its a municipal golf course&a very different situation. Were not in competition with public golf courses.
Tim Moody, 38 year member of Val Halla indicated the alcohol influence&didnt happen to me or a lot of kids that grew up here. The town needs to increase revenue. Sea Dogs serve beer there&for revenue. Drinking occurs on the premises currently, this is one way to control it. If they know they can get a beer while theyre there they may be less likely to bring it there and you can control it.
Norene Ward, VH Trustee and avid golfer. She has played in many states, almost all serving alcohol. In all the times Ive played, Ive never seen problems with children. If the other courses all offer it were gonna become non competitive. I dont think youre going to see any more drinking on the course than you do now.
Ned Gribbin, Business Manager, indicated Maine is the 48th state to adopt this law. The 49th is Mass who has legislation pending now. Alaska is the remaining state. We are not going out to promote this. If people ask&we will have it. Manager Gribbin receives many calls regarding tournament bookings with requests for the mobile beverage cart. If you want to be part of the consideration for these tournaments, the option for the cart is important.
Chairman Stiles clarified the following points; only beer will be served; players will see the beverage cart an average of twice during an 18 hole play; and the cart operator must be 21 years of age and TIP certified by the State.
Councilor Damon indicated she would vote against the request. Were a municipal facility and have a responsibility to model the use of alcohol in our community, also referring to the recent community meeting. Somebody has to draw a line in the sand somewhere. The Chebeague Recreation Facility does not allow smoking or alcohol because you have to show people another way to have fun.
Councilor Turner played in a charity golf tournament two weeks ago, indicating the cart came around twice. I really think its a totally separate issue, particularly with the liquor license attached to the club itself. Its more an issue of the potential competitiveness of our club.
Councilor Porter noted adults can model behavior while still drinking alcohol. I dont think by allowing this on the course, it will materially change things. I dont make the distinction between municipal and private because both are in business to make money. Everybody has their own comfort level, and we can not continue to lose money on that facility. This keeps us in competition.
SM stated he was conflicted at first. However, there are a number of things in the statute worth noting. They included: beer sold only by employees of Val Halla who are trained and certified by state; can not serve beer from the parking lots; players can not leave the grounds with the beer; only one beer per person; purchaser must be playing golf at the time. Coupled with the fact we have sold beer on the premises leads me to believe this isnt going to make much difference in terms of the quality of play. The timing provides us an opportunity to give this a try and see how it works. If its approved its not permanent; not forever; lets check it out and stay competitive.
Councilor Kuntz supported Councilor Damons comments. He believes it offensive to have the facility itself serving alcohol, period.
Motion by Councilor Porter; seconded by Councilor Storey to authorize the Town Manager to make application to the State of Maine Liquor Licensing Bureau for a mobile beverage cart for the Val Halla Golf Course and to set a June 27, 2005 public hearing to consider and act on the cart license.
VOTE: PASSAGE 5-2 (Councilors Kuntz and Damon opposed)
| | 05 086. | To set public hearing date to consider and act on 2005/06 annual Victualers licenses.
Motion by Councilor Moriarty; seconded by Councilor Kuntz to set a June 27, 2005 public hearing date.
VOTE: UNANIMOUS 7-0 PASSAGE
| 05 087.
05 088.
05 089.
05 090.
05 091.
05 092.
05 093.
05 094.
05 095.
| To set public hearing date to consider and act on Cumberland Soccer Club Labor Day Tournament Mass Gathering Permit, September 3 and 4, 2005 at Twin Brooks Recreational Facility.
Councilor Porter requested the Town Manager review with the Twin Brooks Committee whether there is language regarding Sunday play at Twin Brooks. He believes it was very clear that there would be no active organized athletics on Twin Brook on Sunday morning until after 1:00 p.m. The Town Manager stated Recreation Director Bill Landis informed him this tournament was grandfathered from Sunday play, and has been occurring for many years.
Motion by Councilor Porter; seconded by Councilor Turner, to set a June 27, 2005 public hearing date.
VOTE: UNANIMOUS 7-0 PASSAGE
To set public hearing date to consider and act on a Bottle Club Liquor License for the Chebeague Island Hall Community Center for the period August, 2005 through August, 2006.
Motion by Councilor Moriarty; seconded by Councilor Storey to set a June 27, 2005 public hearing date.
VOTE: PASSAGE 6J-1 (Councilor Kuntz opposed)
To set public hearing date to consider and act on a Public Swimming Pool License for the Chebeague Recreation Center for the period June, 2005 through June, 2006.
Motion by Councilor Damon; seconded by Councilor Kuntz, to set a June 27, 2005 public hearing date.
VOTE: UNANIMOUS PASSAGE
To set public hearing date to consider and act on an amendment to Section 603.1.1 of the Cumberland Zoning Ordinance re: addition of alternate member to the Board of Adjustments and Appeals.
Motion by Councilor Kuntz; seconded by Councilor Turner, to set a June 27, 2005 public hearing date.
VOTE: UNANIMOUS PASSAGE
Councilor Damon asked if there is attendance policy. The Manager noted attendance records will be made for all committees this year and provided to the Appointments Committee when considering appointments.
To set public hearing date to consider and act on Twin Brooks Field Use fees.
Motion by Councilor Porter; seconded by Councilor Moriarty to set a June 27, 2005 public hearing date.
VOTE: UNANIMOUS PASSAGE
To set public hearing date to consider and act on amendment to the Cumberland Subdivision Ordinance to add Section 7.6B, Appendix C-A.16, re: 75 foot undisturbed buffer for Route One.
The Town Manager noted the recommendation to reference a 75 foot undisturbed buffer for Route One is referenced in three different places in our ordinances. Items 092, 093 and 094 place this restriction into the appropriate ordinances.
Motion by Councilor Damon; seconded by Councilor Porter, to set a June 27, 2005 public hearing date for items 092, 093 and 094.
VOTE: UNANIMOUS PASSAGE
To set public hearing date to consider and act on amendment to the Cumberland Subdivision Ordinance to add Section 7.6B, Appendix D-B.20, re: 75 foot undisturbed buffer for Route One.
To set public hearing date to consider and act on amendment to the Cumberland Zoning Ordinance to add Section 206.7.4.13 re: a 75 foot undisturbed buffer for Route One.
To set public hearing date to consider and act on a Use Policy for Town-Owned Property
On Chebeague Island.
This item was before the Town Council last month to consider policies for the Chandlers Cove property. The weekend after the policies were adopted, there were incidents on Sunset Landing. He is requesting the same policies apply to other town-owned property on Chebeague Island in order to give our police dept more teeth to enforce issues on town-owned properties.
Motion by Councilor Porter; seconded by Councilor Damon, to set a public hearing date of June 27, 2005.
VOTE: 5-2 PASSAGE (Councilors Storey and Kuntz opposed).
| | V. | NEW BUSINESS
Councilor Turner none
Councilor Damon raised the issue of a moratorium on wharves. We should seriously consider a hold on wharves until we have time to look at it. The question is, is there a better way than how were doing it now&that would be less onerous on environment and public access&and still within the law. Councilor Porter suggested speaking with the chairman to add an agenda item. Congrats to Class of 2005; girls track team #1 in state once again.
Councilor Storey painting of crosswalks?
Councilor Kuntz traffic will increase tremendously on Route 100 because of paving on the Maine Turnpike in Gray.
Chairman Stiles reminder of Election Day tomorrow.
Councilor Moriarty none.
Councilor Porter Habitat Concert with Dave Mallett a tremendous success. No debt on the first habitat house and the Savages will move in by the end of July; second unit is already over ½ funded.
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Motion by Councilor Porter; seconded by Councilor Turner, to move into Executive Session pursuant to 36 M.R.S.A., Section 841 to discuss poverty/hardship abatements.
VOTE: UNANIMOUS
TIME: 8:22 p.m.
Motion by Councilor Porter; seconded by Councilor Moriarty, to return from Executive Session;
VOTE: UNANIMOUS
TIME: 8:45 P.M.
Motion by Councilor Porter; seconded by Councilor Kuntz to abate property taxes for 2005 tax year in the amount of $2,249.28, for property at 71 Foreside Road, Map 03-07.
Seconded by Councilor Kuntz
VOTE: UNANIMOUS PASSAGE
Remaining two poverty/hardship abatement requests were denied.
Motion by Councilor Kuntz; seconded by Councilor Moriarty to deny other two abatement requests.
VOTE: UNANIMOUS PASSAGE
VII. ADJOURNMENT
Motion by Councilor Turner; seconded by Councilor Kuntz.
VOTE: UNANIMOUS PASSAGE
TIME: 8:48 p.m.
VIII. WORKSHOP: re: Greely Road side of Twin Brooks Recreation.
Respectfully submitted,
Nadeen M. Daniels, CMC
Town Clerk
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