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Town Council Minutes 7/28/2003

MINUTES

       TOWN OF CUMBERLAND

                                        TOWN COUNCIL MEETING
                                   Cumberland Town Council Chambers
                                 
MONDAY, July 28, 2003

      7:00 p.m.  - TOWN COUNCIL MEETING  

               

Attendance:  Present were Council Chairman Porter, and Councilors Savasuk, Damon, Moriarty, and Stiles.  Councilors Storey and Kuntz were excused.

               
I.      APPROVAL OF MINUTES
a)      July 14, 2003

Motion by Councilor Savasuk to accept the minutes as amended;
Seconded by Councilor Stiles.
VOTE:   UNANIMOUS 5-0

II.     MANAGER'S REPORT

Manager Shane announced that the Cumberland/No. Yarmouth 13 and 14 year old boys" junior baseball team recently won a district championship.  The team played in the state championship this past weekend and after beating them once lost to Bucksport in the final game.  Manager Shane commended the team for their supreme level of sportsmanship both on and off the field and expressed pride in their efforts and accomplishments.

III.    PUBLIC DISCUSSION

Mr. Shawn McBreairty, 1 Willow Lane, informed the Town Council of his concerns with the use of "jake brakes by heavy equipment traversing Tuttle Road or exiting the middle school project site.  He requested the Council consider a noise ordinance and post no engine brake signs near his home.  Manager Shane described this issue as pervasive, explaining signs can be seen throughout many communities.  However, they are only courtesy in nature, and not easily enforced.  Since Tuttle Road is a state-aid road, Mr. Shane will contact the state to request permission to place a no-engine sign on Tuttle Road, and will speak with the middle school contractor regarding the use of jake brakes by subcontractors of the project.  Mr. McBreairty will contact the superintendents office regarding concerns with hours of school refuse disposal.  


IV.     LEGISLATION AND POLICY
  

03 - 073.              To hold public hearing to consider and act on the application for the 34th
                      Annual Cumberland Craft Show, Cumberland Fairgrounds, August
                      7  10, 2003, from 10:00 a.m. to 5:00 p.m.
                      
                      
Motion by Councilor Moriarty to grant the Mass Gathering Permit
                      for the 34th Annual Cumberland Craft Show, August 7-10, 2003;
                      Seconded by Councilor Stiles.

                      VOTE:         UNANIMOUS 5-0

03  074.              To approve victualers licenses for the Cumberland Craft Show,
                      August 7  10, 2003.

                      
Motion by Councilor Stiles to approve the victualers licenses for the
                      2003 Cumberland Craft Show;
                      Seconded by Councilor Moriarty.
                      VOTE:         UNANIMOUS 5-0

03  075
.              Nominating Committee appointments.

                      
Motion by Councilor Stiles to table item 03-075;
                      Seconded by Councilor Damon.
                      VOTE:         UNANIMOUS 5-0

03  076.              Town Council assignments.

                      
Motion by Councilor Moriarty to approve the following Town Council
                      assignments for 2003/04, with a request to review the status of two committees
as noted below;
                      Seconded by Councilor Savasuk.
                      VOTE:         UNANIMOUS 5-0

                      
Archangel Committee  Robert Humphreys (review status)
                      Chebeague Island Library Board of Trustees  Councilor Damon
                      Cumberland/Yarmouth Joint Standing Committee  Councilors Damon
                         And Moriarty
                      CPGOG  Councilor Moriarty
                      Nominating Committee  Councilors Storey, Kuntz and Porter
                      Prince Memorial Library Advisory Board  Councilor Moriarty
                      Recreation/Community Education Advisory Board  Councilor Savasuk
                      Regional Waste Systems Board  Susan McGinty
                      Budget Committee  Councilor Stiles
                      Val Halla Board of Trustees  Councilor Kuntz
                      Liaison to Board of Appeals  Councilor Storey
                      Liaison to Conservation Committee  Councilor Moriarty
                      Liaison to Falmouth/Cumberland Chamber of Commerce  Manager Shane
                      Liaison to Planning Board  Councilor Porter
                      Liaison to Recycling Committee  Councilor Porter
                      Liaison to CHAT (SAD 51)  (review status)
                      Liaison to Islands Committee  Councilor Damon
                      Liaison to Cable TV Regulatory Board  Councilor Porter
                      Cousins Island/Wharf Agreement Committee  Councilors Moriarty and Damon
                      Housing Commission  Councilor Stiles
                      County Budget Committee  Councilor Kuntz
                      Stone Wharf Committee  Councilors Moriarty, Damon and Savasuk
                                                  
03  077
.              To set the date for a public hearing to consider and act on a Mass Gathering
                      Permit application for the Cumberland Soccer Club Labor Day Tournament,
                      August 30 & 31, 2003, at Twin Brook, 7:00 a.m. to 7:00 p.m.

03  078.              To set the date for a public hearing to consider and act on a Mass
                      Gathering Permit application by Wildfire Motorsports, to hold the World
                      Series Monster Trucks Show at the Cumberland Fairgrounds, August
                      22 & 23, 2003, from 7:30 to 10:00 p.m.
 
  
Councilor Stiles moved to set Monday, August 4, 2003, at 7:00 p.m. as the public hearing date for items 03-077 and 03-078;
                      Seconded by Councilor Moriarty.
                      VOTE:         UNANIMOUS 5-0
                                                  

V.      CORRESPONDENCE


Councilor Savasuk 
none
Councilor Damon 
letter from Betty Tellinghuisen regarding the Jenks Landing Road concerning the removal of property markers as part of the road widening - requested the town manager meet with Betty to review her concerns; CMIT is very, very close to meeting the MBNA match.
Chairman Porter  fire dept annual lobster dinner August 7 at 6:30 p.m.; received a
thank you note from Patricia Olds, recipient of the Kimball award.
Councilor Moriarty  referred to recent Rines property appraisal, noting it fulfills the condition in the motion made at last Town Council meeting requiring the appraisal meet or exceed the purchase price - theres no further contingency to be met on that motion.
Councilor Stiles  referenced correspondence received regarding island dredging.
Manager Shane 
MDOT will allow us to install a traffic signal at Route 100 and Skillings Road; thanked Councilor Kuntz for his diligence in this matter.

VI.     NEW BUSINESS


Councilor Savasuk 
none
Councilor Damon  the Islands Committee held their first meeting recently and there was a great turnout; thanked Town Planner Carla Nixon for helping to focus the committee; committee will meet again in early August with Town Manager Shane in attendance to talk about roads; inquired about the schedule for mowing roadsides, plans for cutting out of town right-of-ways to the shore, and grading of dirt roads on Chebeague.  
Chairman Porter 
receipt of email from Nat Tupper, Yarmouth Town Manager, regarding joint meeting of two town councils on Tuesday, August 26th.
Councilor Moriarty  none
Councilor Stiles  none

VII.          WORKSHOP  re: GROWTH PERMITS

               
Upon conclusion of the workshop, Town Manager William Shane indicated he would create a draft revision of the Growth Management Ordinance reflecting this evenings comments related to allocations for Chebeague Island, subdivisions and non-subdivisions; transferability of permits; and reissuance of  expired permits.  This draft will be reviewed with the Planning Board and Islands Committee prior to the Town Councils review in September.

                                    
VIII.   EXECUTIVE SESSION re:
property acquisition, hardship abatement and
personnel matter.

Motion made by Councilor Stiles to move into Executive Session;
Seconded by Councilor Damon.
VOTE:          UNANIMOUS 5-0 VOTE
TIME:          9:32 p.m.

 Motion by Councilor Stiles to return from Executive Session;
Seconded by Councilor Kuntz.
VOTE:          UNANIMOUS 5-0 VOTE
TIME:          10:35 p.m.


Motion by Councilor Savasuk to table the hardship abatement request to a later date;
Seconded by Councilor Moriarty.
VOTE:          UNANIMOUS 5-0 vote
TIME:          10:36 p.m.

Motion by Councilor Moriarty to adjourn;
Seconded by Councilor Stiles.
VOTE:          UNANIMOUS 5-0 vote
TIME:          10:37 p.m.




Respectfully submitted,
Nadeen Daniels, CMC
Town Clerk      


 

290 Tuttle Road
Cumberland, ME 04021
Phone (207) 829-5559  
Fax (207) 829-2214