Town Council Minutes 8/23/2004

MINUTES

                                                  Monday, August 23, 2004

6:00 p.m. - Site walk of Hanson property    -    6:30 p.m.  EXECUTIVE SESSION re: property acquisition

Present:  Chairman Stiles, Councilors Savasuk, Damon, Moriarty and Porter.
Excused:  Councilors Storey and Kuntz.

Motion by Councilor Moriarty to go into Executive Session to discuss land acquisition and personnel matters;
Seconded by Councilor Damon.
VOTE:          UNANIMOUS 5-0
Motion by Councilor Damon to return from Executive Session;
Seconded by Councilor Moriarty.
VOTE:          UNANIMOUS 5-0
Time:          7:05 p.m.

I.      APPROVAL OF MINUTES

        
        Motion to table by Councilor Savasuk;
        Seconded by Councilor Damon.
        VOTE:         UNANIMOUS 5-0

II.     MANAGER'S REPORT

tomorrow for the mainland residents.  We"re still working&to get island registrations.  He expressed thanks to Excise Agent Tammy ODonnell for her tireless efforts in putting this together.  The Manager also indicated he has received several concerns related to trail destruction on the Rines Property.

III.    PUBLIC DISCUSSION

        None.

IV.     LEGISLATION AND POLICY

to the growth of the library over the last ten years, the usage of the library, services offered presently, and plan for future services.  Since FY 95 the total number of registered users has increased from 5,140 to 8,495.  During that time circulation has increased from 62,000 to 90,000 in 2002 and 82,731 this year. The municipal breakout of users is currently at 2,100 for North Yarmouth residents and 6,100 for Cumberland residents.  Cumberland residents borrowed a high of 65,000 items in FY 02, and decreased to 58,000 in FY 04.  During that same period, North Yarmouth has seen a steady increase from 17,000 to 21,500.  The total usage by town shows a decrease in Cumberland from 75.25 % to 70%, compared against North Yarmouths increase from 21% to 26%.  Clearly their residents are borrowing more each year whereas Cumberland had a little peak and has since declined to about 70% of total usage. Usage means borrowing habits and does not include in-library usage of computers, reference materials, or other things we can not track.  These numbers also include the usage of the library by the Drowne Road School, which began in FY 98.  Use by young adults has also increased.  Our collection of materials is a pretty solid collection for a library our size; 46,000 books, videos and audio books.  That number has increased approximately 25 percent over the last ten years.  The library is open an average of 47 hours per week; open three evenings until 8:00 p.m.  A number of services not centered on our books include five public computers with internet access and Microsoft office suite; three just for our card catalogue.  A four week training course titled Seniors on Line is provided. Educational computers are provided in the young adult room and juvenile section.  A walk-in wireless network is now available to provide internet service to owners of wireless laptops.  The library also provides a wireless laptop, in addition to three network cards.  It really expands the use of the computers in the library for individuals who have a lot of their material on their laptop.  A dedicated Youth Services Librarian is provided for the juvenile and young adult population.   Upcoming services will include a book discussion group with the Cumberland Adult Education program; a Coffee Cake and Conversation Series for Seniors; and Passport Agent services.

Councilor Damon expressed appreciation for the care given to and accessibility of old Town Reports.  

        
        Town Manager Shane noted the applicant is also requesting a renewal of their Special Amusement Permit.  During the public hearing, Beth Howe, Chebeague Island resident, questioned what criteria is considered when issuing Special Amusement Permits.  The Town Manager explained while the town has adopted a Special Amusement Ordinance, it has not promulgated rules and regulations to consider when issuing the permit; however, town staff will prepare recommendations for the council to consider at a future date.  He further explained the town council may hold a suspension or revocation hearing at any time during the license period as a result of substantiated complaints.  

        On behalf of the association, Councilor Damon questioned whether an additional officer could be available when the island officer is assigned to cover hall events.  Chairman Stiles suggested the association contact the Police Chief with a request to hire another officer.  Councilor Damon thanked the hall for their efforts to regulate the noise.  

        Motion by Councilor Porter to approve the Chebeague Island Hall Bottle Club License and Special Amusement Permit;
        Seconded by Councilor Savasuk.
        VOTE:         UNANIMOUS 5-0

        Chairman Stiles clarified that the applicant also requires a Victualers License. Beth Howe, Chebeague Island resident, stated she supports the application for a restaurant, and is grateful that he has been willing to accept a closing time of 9:00 p.m.  I have no objection to his having a liquor license per se.  My concern is with the noise in the summer time.  She is concerned with the precedent that this would set for any future owners of the café.  Her husband requested the Planning Board set a decibel standard, but it was voted down.  Steven Thomas, Chebeague Island resident and musician, spoke in favor of the license and suggested any concern with late night rowdiness has been addressed with Mr. Komlosys plan to close at 9:00 p.m.  Because this establishment is within a business district, he is a little scared by any decibel limit proposal.  If things got too loud before 9:00 p.m.&Im sure somebody could call the police.   

        Jonathan Komlosy, owner and applicant, informed the council it has taken the past two and a half years to get the Slow Bell Café to where it is today.  To support the amusement permit, he referred to a printed article suggesting music brings diverse ages together.  Im a little confused he replied about the concern initially for music on one side of the road if I can operate a piece of equipment at 120 decibels on the other side of the road without any problem.   Mr. Komlosy noted he has received EMT certification and a MDOT Specimen Collection Breath Alcohol Testing certification. With respect to the Commercial versus Island Residential Zone, he referenced an island bike rental business, saying I welcome this but this business has twice as many people in the summer months than I can actually have at my café.  The noise issue&equals itself out&if 80 to 90 people a day are coming to that business.  

        Mr. Hale, abutter on two sides of this property, is very appreciative of the process followed by the town council and planning board.  He believes all parties have been dealt with fairly&and theres been a good resolution.  We do need to have some criteria and some teeth in that ordinance so that in the future we can continue to be good neighbors.  

        Councilor Moriarty asked Mr. Komlosy when he plans to open.  Not 'til (spring) 2005.  Theres just no way, delineating remaining items such as a water line and fire security system.  Councilor Damon stated this gives two or three months for him to be in operation before this is up for renewal again and by that time we would have had an opportunity to rewrite the ordinance so that we can come up with the conditions that we need and know whether there needs to be restrictions on that, whether its going to work or not work.  I encourage Jon to go forward with at least the basic permits for tonight.   Councilor Damon suggested the conditions around food sales requirements, and the 9:00 p.m. closing time is raising the comfort level for many island residents.  She encouraged all concerns be immediately addressed with Jonathan or the town.  Manager Shane explained the conditions imposed by the Planning Board must be met prior to certificate of occupancy, therefore, any request to amend the hours of operation would require an amendment at the Planning Board level.  Councilor Porter explained theres nothing in the ordinance that stops this from going forward.  We have no ordinance that addresses the decibel level.

        Motion by Councilor Porter to approve the Victualers license for the Slow Bell Café, 2 Walker Road, Chebeague Island, pending final inspections by the Fire Chief and Code Enforcement Officer;
        Seconded by Councilor Moriarty.
        VOTE:         UNANIMOUS 5-0

        Seconded by Councilor Savasuk.
        VOTE:         UNANIMOUS 5-0

        Motion by Councilor Moriarty to approve the Special Amusement Permit for the Slow Bell Café, 2 Walker Road, Chebeague Island, subject to the condition that the hours of operation shall be limited to 5:30 a.m. to 9:00 p.m.;
        Seconded by Councilor Savasuk.
        VOTE:         UNANIMOUS 5-0

Clubs Labor Day Tournament;

            VOTE:              UNANIMOUS 5-0

no action; (2) continue the 2003 winter maintenance schedule with additional roads only upon town council approval; and (3) create a committee of private road representatives assigned to develop a Winter Road Maintenance Policy recommendation to the council by January, 2005.  Along with the third recommendation, the Manager suggests the town council review the recommended policy for necessary revisions and adopt the policy to provide that private roads will be eligible for winter maintenance provided only that they meet the criteria contained in the policy.  He further recommended such a new policy become effective for implementation during the 2005/06 winter season.  He personally endorsed recommendation number three and suggested the committee openings be advertised as soon as possible.

        Susan Bisbing, Spruce Lane, asked if the subcommittee will have access to the town attorneys legal expertise.  The Manager suggested all policies are reviewed by the town attorney.  Chairman Stiles suggested the Tax Cap Referendum will need to be heavily weighed when considering future policy.  Bill Ward, Corey Road, extended his thanks and offer to serve on the committee.

        Motion by Councilor Moriarty moved to take no action on this issue at this time and instruct the Manager to assemble a committee composed of private road residents, councilors and other interested and available public servants and report back to us at the Managers convenience  authorize the Manager to go ahead and do the preliminary work on that committee;
        Seconded by Councilor Savasuk.
        VOTE:         UNANIMOUS 5-0

zones in town and is recommended by both the Planning Board and staff.  Councilor Damon encouraged continued review of town ordinances so that they are protecting the public but not being so onerous.  This is heading in the right direction, and staff should be commended for picking it up.

        Motion by Councilor Moriarty moved to amend Sections 204.6 and 204.7 of the Zoning Ordinance to exempt home occupations from the Site Plan requirement;
        Seconded by Councilor Damon.
        VOTE:         UNANIMOUS 5-0  

04  113.  To set a public hearing date to consider and act on a Mass Gathering Permit for the
                 133^rd Cumberland Fair, September 26  October 3, 2004 at the Cumberland
                 Fairgrounds, 194 Blanchard Road.

04 - 114.  To ratify the Agreement Between the Town of Cumberland and the Public Works/Val
                Halla Maintenance Employees Association for the period 7/1/04 through 6/30/07.

        The town has reached agreement with the Public Works & Val Halla Association for a three year contract.  The contract provides for a three percent annual wage increase and a ten percent contribution by employees to dependent health plans.

        Motion by Councilor Porter to ratify the Agreement Between The Town of Cumberland and the Public Works/Val Halla Maintenance Employees Association for the period 7/01/04 through 6/30/07;
        Seconded by Councilor Damon.
        VOTE:         UNANIMOUS 6-0

04  115.  To authorize the Town Manager to post signs restricting unauthorized motorized
                 vehicles on the Rines Forest property.

The town has consistently posted No ATV use on town properties, and he requested authorization to
add this location to the list of town properties posted for no atv use.    

        Councilor Damon questioned whether this restriction would include snowmobiles and who will enforce the restriction.  Manager Shane explained the restriction includes dirt bikes, and atvs.  Snowmobiles are not restricted.  The police department will enforce the regulation based upon notification by landowners.  Councilor Porter stated many abutters and committee members will serve as the eyes and ears to protect this property from such destructive behavior.  

        Motion by Councilor Savasuk to authorize the Town Manager to post signs restricting unauthorized motorized vehicles on the Rines Forest Property;
        Seconded by Councilor Moriarty.
        VOTE:         UNANIMOUS 5-0

V.      NEW BUSINESS

Councilor Savasuk  thanked the Manager for the repairs at the track crossings.  
Councilor Damon  received questions regarding the status of affordable housing after last council meeting; were still working on the conservation easement; should have a public hearing or written material explaining how the conservation easement will work; asked to place a note in the Chebeague Island calendar stating islanders are still able to mail in their auto registrations; received concerns regarding increase to barging at Bennetts Cove and raised the issue of investigating the possibility of looking at Sunset as an alternative barging location; no room in the recycling bins lately; recommended the council vote to write a letter to the Governor to call a special session before November to try to come up with some kind of a tax reform package.
Councilor Moriarty  responded that an unsuccessful special session would be the very worst possible outcome for those who are concerned about the Palesky referendum.  The Land Trust is interested in discussing the possibility of buying out the towns share or remaining portion of the property and pursuing on its own the development of affordable housing.  

Councilor Porter  received an email with a proposal to locate a mini-astronomy outfit; one location suggested was Twin Brooks.  While his initial reaction is Twin Brooks is sacrosanct, he suggested at the least we need to have it reviewed by the Twin Brooks Advisory Committee.  
Chairman Stiles  a second half tax bill mailing was eliminated this year as part of the budget process.  This years first half tax bill included the statement This will be the only bill you receive.  We have typically mailed two tax bills.  Requested this item be placed on the second November meeting agenda.   
Manager Shane  the Cemetery Association will award a bid on Thursday for the restoration, cleaning and righting of monuments at the Congregational Cemetery.  He requested an additional $5,000 in funds to complete the entire project prior to November; the additional monies to be found within this years budget.  Councilor Damon questioned whether this will serve as the beginning of a long-term plan for all the cemeteries.  The Val Halla Trustees has requested the council consider the sale of alcohol on the course.  State law became effective August 1, 2004 which permits golf courses to sell alcohol on the course via a mobile unit, upon local approval.  A workshop may be in order.

VI.     ADJOURN

Motion to adjourn by Councilor Porter;
Seconded by Councilor Damon.
VOTE:          UNANIMOUS 5-0
TIME:          9:01 p.m.

Respectfully submitted,
Nadeen Daniels, CMC
Town Clerk