TOWN OF CUMBERLAND
MEETING OF THE TOWN COUNCIL
MONDAY, JULY 23, 2001       

Councilors Present:  Stephen Moriarty, Jeffrey Porter, Peter Bingham, John Lambert, Harland Storey, Mark Kuntz, Donna Damon


Call to order at the Cumberland Town Offices Council Chambers at 7:05 p.m.

Approval of Minutes
a)      May 14, 2001
Councilor Porter moved to adopt May 14, 2001 minutes as written.
Second by Councilor Kuntz                                                        
  VOTE: IN FAVOR (6)
          ABSTAINED (1) Damon

b)      June 11, 2001
Councilor Porter moved to adopt June 11, 2001 minutes as written.
Second by Councilor Kuntz                                                        
   VOTE: IN FAVOR (6)
           ABSTAINED (1) Damon

c)      June 25, 2001
Councilor Porter moved to adopt June 25, 2001 minutes as written.
Second by Councilor Lambert

Councilor Damon moved to amend 01-38 striking "the Chebeague Island":

Building Inspector/Codes Officer Barbara McPheters, proposed a change to a calendar year instead of fiscal year to allow a smoother transition for the Chebeague Island homebuilders.  

Chairman Moriarty recommended that a draft with proposed amendments be presented to the Council and Planning Board.

Councilor Porter second
VOTE: UNANIMOUS (7)

Vote to adopt the minutes as amended.   
VOTE: UNANIMOUS (7)

d)      June 28, 2001
Councilor Porter moved to adopt June 28, 2001 minutes as written.
Second by Councilor Lambert.

Chairman Moriarty suggested an amendment to 01-36 to replace "amended" with "suggested an amendment to".

Chairman Moriarty amended suggested an amendment to the Impact Fee Ordinance adding to the Article I. GENERAL PROVISIONS; Section 1.4 Applicability, Number 3 to read:

Councilor Bingham moved to adopt minutes with amendment noted
Second by Councilor Lambert

Vote to adopt minutes with amendment noted.
VOTE: UNANIMOUS (7)

Chairman Moriarty suggested an amendment to 01-36 to:

Chairman Moriarty Councilor Porter moved to adopt the Impact Fee Ordinance as written in final draft by the Town Planner with revisions made by Chairman Moriarty noted prior.
Second by Councilor Porter Bingham.

Councilor Kuntz moved to amend the adoption with amendment noted.
Second by Councilor Lambert

Vote to approve the amendment.
VOTE: UNANIMOUS (7)

Vote to adopt minutes as amended.
VOTE: UNANIMOUS (7)


e)      July 9, 2001

Councilor Porter moved to adopt July 9, 2001 minutes.
Second by Councilor Kuntz

Councilor Kuntz moved to amend the Town Council Assignment FY 2001-2002 Strike "Growth Mgmt from the listing Chebeague Island Library Board of Trustees.

Chebeague Island Library Board of Trustees (Growth Mgmt)               Donna Damon
Second by Councilor Bingham

Vote to adopt minutes as amended.
                                                                                                                                                           VOTE: IN FAVOR (6)
        ABSTAIN (1) Moriarty

III.       Manager's Report

No Report

IV.     Public Discussion

None

Legislation and Policy

01-44   To hear report of the Cemetery Association.

Robert Storey, President of the Cemetery Association briefed the Town Council of the their progress, maintenance, capital improvement requests and financial issues.  The Cemetery Association is requesting the Town Council to look into a long-term plan to address these issues.  After discussion, Chairman Moriarty suggested the Cemetery Association form a Subcommittee to look into these matters more closely and report back to the Council.  

01-45   To set date for the Chebeague Island Town Council meeting.

Councilor Bingham moved to set date of August 13, 2001 at 7:00 pm at the Community Hall for the Chebeague Island Town Council Meeting.
Second by Councilor Lambert
VOTE:  Unanimous (7)

01-46   To authorize the Town Manager to enter into a public access easement and road maintenance agreement with the Indian Island Company and the Cumberland Mainland and Island Land Trust.

Public Works Director, Adam Ogden explained the offer of the public access easement by the Indian Island Company and road maintenance agreement that would benefit the town and would improve public safety access.  Initial grading and cutting brush will be required and drainage improvements will be necessary, as part of road maintenance schedule/budget.  Councilor Lambert questioned if the easement provided access to the shore.  It was suggested that the Public Works Director provide maps, a copy of the conservation easement given to the Mainland and Island Trust and other information pertinent to this issue at the next meeting.  

Councilor Bingham moved to table this article until August 13, 2001 to later discuss at the Town Council Meeting on Chebeague Island.
Second by Councilor Lambert                                                                                                              
VOTE: UNANIMOUS (7)

01-47   To set tax rate for FY 2001-02.

Town Manager recommended the removal of $100,000 appropriated for revaluation and to set the tax at $23.20; $1.40 increase from last year due to the school budget.

It was agreed that an updated revaluation take place at a cost of $75,000, one half funded from undesignated surplus and budgeted for the next fiscal year.

Councilor Lambert moved to amend the 2001-02 Budget to be reduced by $100,000 to $5,662,781.00.
Second by Councilor Bingham                                                                                                                     
VOTE:  UNANIMOUS (7)

Councilor Lambert moved to set tax rate for FY 2001-02 to $23.20; an increase of $1.40 or 6.42%.  
Second by Councilor Bingham                                                                                                                     
VOTE:  UNANIMOUS (7)

01-48   To consider and act on application of Chebeague Island Hall Community Center for a Bottle Club Liquor License.

Councilor Storey moved to approve application of Chebeague Island Hall Community Center for a Bottle Club Liquor License.
Second by Councilor Lambert                                                                                                                     
VOTE:  IN FAVOR (6)
        OPPOSED  (1) Kuntz


01-49   To consider and act on a Special Amusement Permit application for Chebeague Island Hall Community Center.

Council Lambert moved to approve a Special Amusement Permit application for the Chebeague Island Hall Community Center.
Second by Councilor Storey
VOTE: UNANIMOUS (7)


01-50   To set date for Public Hearing to consider and act on application for a Mass Gathering Permit by the Cumberland Farmer's Club to hold the annual Cumberland County Fair at the Cumberland Fairgrounds September 23rd through September 30th, 2001.

Councilor Bingham moved to set date, August 6, 2001 at 7:00 pm, for Public Hearing to consider and act on application for a Mass Gathering Permit by the Cumberland Farmer's Club to hold the annual Cumberland County Fair at the Cumberland Fairgrounds September 23rd through September 30th, 2001.
Second by Councilor Kuntz       
VOTE:  UNANIMOUS (7)


01-51   To set date for Public Hearing to consider and act on application for a Mass Gathering Permit by the Cumberland Soccer Club to hold the CSC Labor Day Soccer Tournament at Twin Brook September 1st through September 2nd.

Councilor Bingham moved to set date, August 6, 2001 at 7:00 pm, for Public Hearing to consider and act on application for a Mass Gathering Permit by the Cumberland Soccer Club to hold the CSC Labor Day Soccer Tournament at Twin Brook September 1st through September 2nd.
Second by Councilor Lambert
VOTE: UNANIMOUS (7)


VI.       Correspondence

Ltr fm Ken Cole dtd 5/3/01 to Adam Ogden RE: Public Access Easement and Road Maintenance Agreement between the Town of Cumberland and Indian Island     
        Company
Master Summary Report - Monthly vs. YTD Building Permits
2001 Municipal Tax Rate Calculation Form
Ltr & petition fm Meadows Homeowner's Association, Cumberland Senior Citizens' Complex, To Save Our Community Path & Natural Buffer Committee; to
        Committee Members and Department Heads
2001-02 Growth Permit Spreadsheet
Exempt From Growth Permit List Spreadsheet
Growth Permits Voided Spreadsheet
Ltr fm Town Harbormaster dtd 7/7/01 RE: Yarmouth Harbor, Waterfront and Boat
        Ordinance dtd 4/2/01
June Solid Waste to RWS Report
Cumberland County Commissioners Meeting Minutes of 6/25/01
Ltr fm The Coast of Maine Golf School dtd 6/28/01 RE: Maine Junior Golf Day
Portland's Chamber of Commerce Business After Hours Invite
Town of Cumberland Committee & Board Vacancy Report Listing
RateWatcher Phone Guide fm the Public Advocate Office in Augusta
National Geographic Issue July 2001; Urban Sprawl

Councilor Damon brought up the Health & Safety Forum is circulating a petition regarding signage in certain areas.  The children of Chebeague will be making a presentation on August 13th at the Town Council Meeting on Chebeague Island.

Councilor Damon announced the Land Trust is going to present the Bates Award to the Cumberland Farmers Club on August 11th, 2001.  All are invited.  Also, the dedication of the Baseball Field is scheduled for September 1st, 2001. All are invited.


VII.    New Business

Town Manager discussed a memorandum from the MMA, requesting municipal representation for Farmland Preservation.  Town Manager will mail the memorandum to the Council members.

Councilor Damon discussed the Paper Street issue and its relation to Chebeague Island potential rights of way.  There is a list of approximately 20 Paper Streets that will be addressed.  Through the Maine Coastal Program, Councilor Damon worked on two projects within the last couple years for the Town Planner that are on file in the Town Hall.  The town needs to address this issue regarding rights in the paper streets.  Councilor Damon is working on 3 more projects, she recommends the Town Attorney be involved and surveys conducted.  Councilor Moriarty recommended a meeting with Councilor Damon to determine how the Town will proceed with the work done thus so far and determine a course of action.    

Chairman Moriarty asked where the Growth Management Review is.  Councilor Damon mentioned that it will be discussed at the meeting on Chebeague Island.


VII.       EXECUTIVE SESSION
                  a)  Hardship Abatement

Councilor Bingham moved to enter into Executive Session to discuss Hardship Abatement.
Second by Councilor Storey
                                                                                                                                      
VOTE:  UNANIMOUS (7)

Councilor Bingham moved to come out of Executive Session.
Second by Councilor Storey
                                                                                                                                      
VOTE:  UNANIMOUS (7)

Councilor Bingham moved to grant abatement requests made pursuant to 36 MRSA subsection 841(2) in the sum of $4651.21.
Second by Councilor Kuntz
                                                                                                                                      
VOTE:  UNANIMOUS (7)


IX.    Adjourn

         The meeting was adjourned at 8:50 pm.


Respectfully submitted,



Lisa Brown
Administrative Assistant