MINUTES
CUMBERLAND TOWN COUNCIL
June 27, 2005
Town Council Chambers, 290 Tuttle Road
Present: Chairman Stiles, Councilors Porter, Moriarty, Kuntz, Storey, Damon & Turner.
Chairman Stiles called the meeting to order at 7:31 pm in the Council Chambers at Town Hall.
I. APPROVAL OF MINUTES
June 13, 2005.
Councilor Moriarty requested a change to the last paragraph on Page 3: "SM should be changed to Councilor Moriarty.
Councilor Moriarty moved to approve the minutes of June 13, 2005 with the requested change.
Seconded by Councilor Kuntz. VOTE: UNANIMOUS
II. MANAGER'S REPORT
Manager Shane stated he would give the Manager"s Report during the New Business portion of the meeting..
III. PUBLIC DISCUSSION
Chairman Stiles opened the Public Discussion at 7:32 pm
There was no discussion.
IV. LEGISLATION & POLICY
05-096. To swear in elected Town Councilors Porter, Stiles & Turner.
Deputy Town Clerk Debbie Flanigan swore in Councilors Porter, Stiles & Turner.
05-097. To elect Council Chair and Vice Chair.
Councilor Moriarty moved to appoint William Stiles as Council Chair.
Motion seconded by Councilor Porter. VOTE: UNANIMOUS
Councilor Porter moved to appoint Councilor Storey as Vice Chair.
Motion seconded by Councilor Moriarty. VOTE: UNANIMOUS
05-098. To hold a public hearing to consider and at on a Bottle Club Liquor License and Special Amusement Permit for the Chebeague Island Hall Community Center for the period August 2005through August 2006.
Manager Shane stated that all information and permits were in order and the Town staff recommended
approval.
Councilor Porter moved to approve the Bottle Club Liquor License and Special Amusement Permit for the Chebeague Island Hall Community Center for the period August, 2005 through August, 2006.
Motion seconded by Councilor Storey. VOTE: IN FAVOR: 6
OPPOSED: 1 (Kuntz)
05-099. To hold a public hearing to consider and act on a mobile beverage cart to serve malt beverages on the Val Halla Golf Course..
Ned Gribbin, Business Manager of Val Halla, stated that he contacted several golf courses in relation to having beverage carts on the golf course. Val Halla would like to provide the service, especially for large tournaments.
Councilor Porter moved to approve a mobile beverage cart to serve malt beverages on the Val Halla Golf Course.
Motion seconded by Councilor Moriarty.
Council discussion:
· Councilor Storey received several emails and calls; he feels the service should be for large tournaments and not for daily use.
· Councilor Damon received emails and calls also and is concerned with the message that will be sent to youths; has not seen the amount of estimated revenue from the beverage cart.; would support having beverage cart for only special occasions.
· Councilor Moriarty inquired if at the end of the season, could Mr. Gribbin provide information on tournament bookings, revenue from both alcoholic and non-alcoholic beverages.
· Councilor Porter stated that Maine is the 48th state to move in this direction; no serious concerns from other states; Val Halla needs to be competitive with other golf courses; people from out of town can get beer during a tour, but residents cant get beer during regular play.
VOTE: IN FAVOR: 5
OPPOSED: 2 (Damon & Kuntz)
Councilor Damon requested that Items 05-107 & 05-112 taken out of order.
05-112. To enact an Emergency Moratorium re: wharf construction on Chebeague Island.
Manager Shane stated that the locations of piers and docks have impacted the public. Coastal Waters Ordinance only requires 300 notification; that area may be only out of state property owners. The Coastal Waters Ordinance needs to be changed to be more than 300 notification.
Public discussion:
· Jim Millinger, Chairman of the Coastal Waters Committee, stated that the Ordinance should be more defined re: developed beach areas, etc.
· Kenneth Hamilton, Chebeague Island resident, stated that several years ago, the Town of Cumberland was denied right to put a wharf on Cousins Island because it would disrupt field grass and other growth on the beach; however, within in 6 months the Town of Cumberland approved a dock on the back shore of Chebeague Island through clam flats and no one knew it was happening; need to examine wording on Ordinance.
Council discussion:
· Councilor Storey stated that there are too many requirements to build a wharf; people would expect to see a wharf or dock on an island;
· Councilor Damon stated that the last 3 wharves built on Chebeague Island were not properly permitted through the Town of Cumberland:
1. Built in registered subdivision; no one aware wharf being built until it was half built.
2. Recently applied for permit to put addition on wharf; not property permitted
3. Built in developed beach area; not properly permitted
Mr. Shane stated that the Coastal Waters Committee is willing to conduct at least 2 public hearings on Chebeague Island as part of this process, and encourage owners of the existing piers and wharves to participate in the process.
Councilor Porter moved to enact an Emergency Moratorium on piers, docks and wharves on Chebeague Island per the Moratorium Ordinance.
Motion seconded by Councilor Damon.
Council discussion:
· Councilor Moriarty expressed support for the moratorium for two reasons:
1. It is a 180 day maximum moratorium
2. There are currently no applications for wharves pending
· Councilor Kuntz stated that he is against moratoriums per se; felt that if there are no applications pending that
the language in the ordinance should be reviewed without a moratorium.
· Councilor Storey stated that the wharf applications are being properly reviewed.
· Councilor Turner inquired that after the first 60 days, unless the Town Council reenacts the Ordinance under the Emergency Enactment Procedure and repeals it prior to that date, does the Town Council have to review it after 60 days? Would normally be against moratoriums unless extreme situation.
· Chairman Stiles stated that there a lot of ambiguities in the Ordinance; supports enacting a moratorium since there are no applications pending.
· Councilor Porter stated that he doesnt like taking away property rights; people have right to build wharves.
VOTE: IN FAVOR: 5
OPPOSED: 2 (Storey & Kuntz
05-107. To hold a public hearing to consider and act on a Use Policy for Town-Owned Property on Chebeague Island.
Manager Shane stated that Police Chief Charron and Officer Brewer from Chebeague Island have enacted a town use policy, similar to that for Chandlers Cove; recommended approval of the policy. There has been only one application for the Long Range Planning and Stewardship Committee for Town Owned Properties on Chebeague Island.
Councilor Moriarty inquired if the imposing policies at Chandlers Cove have shifted certain uses to private property?
Councilor Damon responded that Officer Brewer found a group of minors at Sunset Cove who were building fires and imbibing, which has precipitated the policy for all town owned properties on Chebeague Island.
Councilor Porter moved to adopt a Use Policy for Town-Owned Property on Chebeague Island.
Motion seconded by Councilor Moriarty. VOTE: UNANIMOUS
05-100. To hold a public hearing to consider and act on 2005/06 annual Victualers licenses.
Manager Shane stated that the applicants have been inspected and Town staff recommended approval.
Councilor Moriarty moved to approve the approve applications for the 2005/06 annual Victualers licenses.
Motion seconded by Councilor Kuntz. VOTE: UNANIMOUS
05-101. To hold a public hearing to consider and act on Cumberland Soccer Club Labor Day Tournament Mass Gathering Permit, September 3 and 4, 2005 at Twin Brook Recreational Facility.
Manager Shane stated that the Town Staff recommends approval. The Twin Brook Advisory Committee recommends granting a waiver to allow for Sunday use; the Twin Brook Use stipulates that there be no uses before 1:00 pm on Sunday, with some limited exclusions.
Richard Hawkes, member of the Cumberland Soccer Club, stated that this will be the Labor Day Tournaments 6th year, and they have always been allowed to play on Sunday. The Twin Brook Committee has allowed the Soccer Club to play on Sunday for as long as tournament has been held. The Labor Day Tournament is the only form of fundraising for the Soccer Club.
Councilor Porter moved to approve the Cumberland Soccer Club Labor Day Tournament Mass Gathering Permit, September 3 and 4, 2005 at Twin Brook Recreational Facility.
Motion seconded by Councilor Damon. VOTE: UNANIMOUS
005-102.To hold a public hearing to consider and act on a Public Swimming Pool License for the Chebeague
Recreation Center for the period June 2005 through June 2006.
Manager Shane stated that Health Inspector Eileen Wyatt had done her inspection and recommended approving the license.
Councilor Storey moved to approve the Swimming Pool License for the Chebeague Recreation Center for the period June 2005 through June 2006.
Motion seconded by Councilor Damon. VOTE: UNANIMOUS
05-103. To hold a public hearing 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 & Appeals.
.
Manager Shane stated that the language of the Zoning Ordinance would be changed to appoint an additional member to the Zoning Board to allow the alternate member to have full voting rights when any of the regular members are absent. He recommended approval of this item.
Councilor Turner moved to amend Section 603.1.1 of the Cumberland Zoning Ordinance re: addition of alternate member to the Board of Adjustments & Appeals.
Motion seconded by Councilor Kuntz. VOTE: UNANIMOUS
05-104. To hold public hearing to consider and act on Twin Brook Use Fees.
Bill Landis, Recreation Director, stated that currently there is no fee structure for fees for Twin Brook. The revenue income goes back into the field capital improvement fund. Two fields in the back need drainage and there currently is no money in the budget to improve the drainage.
Councilor Moriarty moved to approve the proposed fee structure for Twin Brook/
Motion seconded by Councilor Kuntz. VOTE: UNANIMOUS
05-105.To hold a public hearing to act on amendment to the Cumberland Subdivision Ordinance to add Section
7.6B, Appendix C-A.16, and Appendix D-B.20, re: 75 foot undisturbed buffer for Route one.
Manager Shane stated the Route One Guidelines require a 75 vegetative buffer along Route One. The buffer
is measured from the property line and not from the edge of the pavement on Route One. The approval of this item would give the Planning Board the flexibility to waive the buffer down or at least maintain a minimum of at least a 75 undisturbed area. The Planning Board has approved Items 05-105 and 05-106.
Council discussion:
· Councilor Porter stated that the 75 should be from the edge of the pavement, and not from the
property line.
· Councilor Moriarty inquired if Councilor Porters intent was to change the language to read A 75 undisturbed buffer from the edge of the pavement is required?
· Councilor Porter stated yes.
· Councilor Damon: cuts for roads and driveways: how would it work when there is a buffer?
· Councilor Storey: Route One Guidelines are sufficient.
· Councilor Porter: Developers need to know what the ordinances are.
Councilor Porter moved to amend the Cumberland Subdivision Ordinance to add a section and appendices to incorporate a 75 undisturbed buffer zone from the pavement along the Route One Corridor, and more specifically described in the Planning Board Notice of Decision dated June 22, 2005.
The motion failed due to lack of a second.
Councilor Moriarty moved to amend Section 7.6B, Appendix C-A.16, and Appendix D-B. 20 of the Cumberland Subdivision Ordinance allow a 75 undisturbed buffer from the property line as recommended by the Planning Board.
Motion seconded by Councilor Kuntz.
Council discussion:
Councilor Storey:
· Opportunity for buffer to be properly trimmed to make decent buffer.
Councilor Moriarty:
· Can replace scraggly, natural looking buffer with more planned artfully designed buffer?
Manager Shane:
· Waiver submission would be submitted with pre-application process.
Councilor Damon:
· Suggested language gives Planning Board enough flexibility to replace scraggly buffer.
Councilor Turner:
· With potential development across Route One, would like to see more distance from the road rather than less.
VOTE: IN FAVOR: 5
OPPOSED: 2 (Porter and Storey)
05-106. To hold a public hearing to consider and act on amendment to Cumberland Zoning Ordinance to add
Section 206.7.4.13, re: 75 foot undisturbed buffer for Route One.
Councilor Moriarty moved to add Section 206.7.4.13 re: 75 foot undisturbed buffer along Route One as measured from the property line.
Motion seconded by Councilor Damon. VOTE: IN FAVOR: 5
OPPOSED: 2 (Porter and Storey)
05-108. To authorize the Town Manager to enter into a five-year contract with Pine Tree Waste for curbside and bulky waste pickup.
Manager Shane stated that the bids for the solid waste contract for the next five years were as follows:
· Pine Tree Waste: just under $1.8 million
· Waste Management: $2.2 million
The bid from Pine Tree Waste includes the curbside collection, both for recyclables and solid waste, the collection at the Chebeague Island Transfer Station, and the bulky waste pick-up, which is $4,000 per year. He recommended awarding the contract to Pine Tree Waste.
Councilor Damon inquired if it would cost only $600.00 a year for Chebeague Island?
Manager Shane stated that the $600.00 was for the equipment.
Councilor Porter moved to authorize the Town Manager to enter into a five-year contract with Pine Tree Waste for curbside and bulky waste pick-up.
Motion seconded by Councilor Kuntz. VOTE: UNANIMOUS
05-109. To set public hearing date to consider and act on Mass Gathering Permit for the United Maine Craftsmen Inc. 36th Annual Craft Fair, Cumberland Fairgrounds, August 11-14, 2005.
Councilor Moriarty moved to set a public hearing date of July 11, 2005 to consider and act on Mass Gathering Permit for the United Maine Craftsmen Inc., 36th Annual Craft Fair, Cumberland Fairgrounds, August 11-14, 2005.
Motion seconded by Councilor Damon. VOTE: UNANIMOUS
05-110. To set public hearing date to consider and act on Automobile Graveyard and/or Junkyard Permit for Thomas S. Greenlaw, d/b/a Greenlaws Salvage, 1 Longwoods Road.
Councilor Storey moved to set a public hearing date of July 11, 2005 to consider and act on Automobile Graveyard and/or Junkyard Permit for Thomas S. Greenlaw, d/b/a Greenlaws Salvage, 1 Longwoods Road.
Motion seconded by Councilor Turner. VOTE: UNANIMOUS
05-111. To set public date to consider and act on Contract Zone requests by Dr. Louis Hanson, 371 Tuttle Road.
Councilor Moriarty moved to set a public hearing date of July 11, 2005 to consider and act on Contract Zone requests by Dr. Louis Hanson, 371 Tuttle Road.
Motion seconded by Councilor Kuntz. VOTE: UNANIMOUS
V. NEW BUSINESS.
Councilor Turner: None
Councilor Damon:
· Chebeague Transportation Company concerned with replacement float at Stone Wharf.
Residents of Chebeague Island concerned with condition of current during storm. How long to get
Float when ordered? Are there any floats for backup? Can current float be repaired as spare?
Councilor Storey:
· Rumors concerning the Town Council not authorizing a new fire truck for Chebeague Island.
Councilor Kuntz: None
Councilor Stiles:
· GPCOG meeting: accepted awards for Town of Cumberland for sharing a Code Enforcement Officer with the Town of Yarmouth, and for regionalization of Emergency Dispatch services with Town of Yarmouth.
· Council assignments.
· Notice of Decision on Growth Management Ordinance by Planning Board.
· Seminar on September 22, 2005 Sheraton Terra offered by Attorneys: new legislation that has taken effect during last year.
· LD 299: resolution proposing an amendment to Maine Constitution to permit the Legislature to allow the current use valuation for waterfront land used for or that supports commercial fishing;
· LD 135: allow up to 60% rebate for people over 62 or in their homes for 10 years.
· Letter from Greg Sweeter re: purchasing property on Chebeague Island.
· Thank you note from Public Works Foreman Steve Googins re: shoulder surgery.
Councilor Moriarty: None
Councilor Porter:
· Cumberland Historical Society annual meeting attended by Councilors Porter, Moriarty and Turner.
· Suburban Little League relocating lights.
· Ice cream trucks spending time in parking lot at Food Stop and Twin Brook Recreational Facility.
· Greg Sweetser and Debbie Freeman letter re: Chebeague Boatyard.
Town Manager:
· Chebeague Island meeting to discuss secession attended by approximately 100- 120 residents; very professional committee; presented facts and framework for municipal budget; residents from Long island present; residents willing to go forward with gathering more info and go forward with process.
· Need to appoint Council liaison to Coastal Waters Committee.
VI. ADJOURNMENT
Councilor Kuntz moved to adjourn the meeting at 9:37 pm.
Motion seconded by Councilor Moriarty. VOTE: UNANIMOUS
Respectfully submitted,
Deborah Flanigan
Dep. Clerk
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