In response to inquiries, Manager Shane explained that all notices of public hearings can be
found at the town web site, www.cumberlandmaine.com.  The web site also provides a
subscription service for interested parties to automatically receive emails of all informational updates to the site.  Chairman Porter requested the posting on Channel 2 and Town Hall
bulletin boards of the availability of this subscription service.

Sally Merrill, Sunrise Acres Farm, spoke on behalf of the Cumberland Farmers" Market to
request a $500 financial support from the town to offset advertising costs incurred by the
market.  The membership numbers have dropped, resulting in fewer advertising dollars. The market has studied and "pinpointed the products of greatest interest to their consumers, i.e. tomatoes, corn, blueberries, pumpkins and peas.  Twenty five graphic signs, five per product, were produced at a cost of $500 and have been placed at strategic spots throughout the town.  On behalf of the Farmers Market, Ms. Merrill respectfully ask(ed) for the Council to consider supporting this expenditure.  Councilor Moriarty and Chairman Porter each referenced the history of the councils financial support of the market, stating the council was informed several years ago there was no longer a need for this funding.  Nevertheless, there remains an accumulated designated reserve fund of approximately $1,500 +/-.  The fund is earmarked for & the Farmers group.  Manager Shane and staff will work with the Farmers Market to reimburse this expenditure.  

Councilor Moriarty moved to authorize an expenditure from the reserve fund to the Cumberland Farmers Market in the amount of $500 to offset the acquisition costs of the new signs;
Seconded by Councilor Damon.
VOTE:          UANIMOUS 6-0

03 - 079.       Nominating Committee appointments.

               Motion made by Councilor Kuntz to nominate Robert Couillard, 55 Lower Methodist Road to
               the Planning Board for a term to expire 12/31/05, and John Raeke, 229 Range Road, to the

Housing Authority for a term to expire 12/31/05;

               Seconded by Councilor Stiles.
               VOTE:         UNANIMOUS 6-0

03  080.       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.

Mr. John Andrews addressed the Council in response to specific questions by the Council.  
The tournament will consist of 176 teams this year; 19 of which are from Cumberland. The
Rescue, Police and Fire Chiefs have been contacted and arrangements are in place for an
ambulance and two medics, as well as two police officers for parking control, with the added
assistance of explorers if necessary.  Councilor Stiles commented on the professional manner
in which this tournament has been managed in the past.

Motion by Councilor Moriarty to approve the application for a Mass Gathering Permit for the

Cumberland Soccer Club Labor Day Tournament, at Twin Brook, on August 30 & 31 from 7:00 a.m. to 7:00 p.m. both days, assuming all pre-conditions have been met;
Seconded by Councilor Stiles.
VOTE:          UNANIMOUS 6-0

Motor Sports, to hold the World Series Monster Trucks event at the Cumberland
Fairgrounds, August 22 & 23, 2003, from 7:30 to 10:00 p.m.  (CANCELED)

Manager Shane explained this application has been denied, and the public hearing canceled,

subsequent to an internal review of the Fairgrounds Overlay District as recommended during the previous council meeting.  The ordinance stipulates that any use of the fairground, as determined at the discretion of the Code Enforcement Officer, must be similar in size, scope, type and impact to those otherwise identified in the ordinance.  Additionally, Mr. Shane and staff met with Francis Small, representative of the Farmers Club, to jointly consider which, if any, prior events were similar in scope and/or impact.  During the informational meeting, Mr. Small affirmed support of the Code Enforcement Officers conclusion that this event did not meet that test.  
Several councilors expressed understanding of the Clubs desire to diversify events at the fairgrounds. In fact, the purpose of the Fairgrounds Overlay District, explained Councilor Moriarty, was to open it up and make it more flexible, while at the same time not making it wide open.  While this use does not meet the conditions of the ordinance, several councilors encouraged the Farmers Club to continue its diversification efforts.  It was noted that the event promoter has been informed of his rights for appeal.
                                    
Due to the cancellation of this event, the council took no action on item 03-081.

03  082.       To set date for a public hearing to consider and act on a proposed amendment to Section 413 - Height Regulations of the Cumberland Zoning Ordinance to clarify that the Board of Appeals may grant a dimensional change as a variance, and not as a special exception.

        Motion by Councilor Moriarty to set August 25, 2003 as the public hearing date for
        Item 03-082;
        Seconded by Councilor Damon.
        VOTE:         UNANIMOUS 6-0

03  083.       To set date for a public hearing to consider and act on a proposed amendment to Section 608.7 - Outside Consulting Fees of the Cumberland Zoning Ordinance to add language prohibiting the issuance of a building permit, certificate of occupancy, or release of a subdivision plat when any amount of fees assessed under this section are owed the Town of Cumberland.

Motion by Councilor Moriarty to set August 25, 2003 as the public hearing date for

               Seconded by Councilor Stiles.
               VOTE:         UNANIMOUS 6-0

Councilor Savasuk  none
Councilor Damon  commended Harbormaster Ted Curtis, for contacting her regarding
an issue with her sons boat; inquired about a follow-up review of the mooring ordinance; received information indicating the town of Falmouth sets moorings and requested the Manager discover what kind of services they actually provide.
Councilor Kuntz  none
Chairman Porter -  reminder re: the Cumberland Fire Departments Annual Dinner, Thursday, August 7^th; thanked Joe Taylor for his dedicated service to the Town of Cumberland both as our State Representative and Planning Board member - he will be missed.
Councilor Moriarty  none
Councilor Stiles  correspondence from Joanne Jordan regarding the sprinkler system ordinance review.  Item will be brought back to the Council in a workshop format at the councils first September meeting, and at the second September meeting as an action item with recommendations from staff.
Manager Shane  he and Assessor met to review discussions raised at the workshop related to the Growth Management Ordinance.  Past practice has been to tax all lots
within a subdivision even though technically, you can only build on four.  Mr. Healey
has adopted a new policy, effective immediately, that assesses a subdivision based on four lots, with the fifth assessed as aggregate land.  Four lots will be added to the assessment each subsequent year until all the lots are sold off.  A draft revision to the Growth Management Ordinance will be presented at the August 25^th meeting in a WORKSHOP format.  
        

Councilor Damon -  inquired as to the orange arrows painted on several roads on Chebeague Island.  Manager will look into this request.
Councilor Kuntz  the guide wire from the pole that was hit during the most recent accident
at Route 100 and Skillings Road has not been replaced - requested CMP be contacted for replacement; commended the Brunswick and Falmouth Police Department for their professional assistance during the accident.
Chairman Porter  none
Councilor Moriarty  none
Councilor Stiles  none

Motion by Councilor Kuntz to recess to Executive Session;
Seconded by Councilor Damon.
VOTE:          UNANIMOUS 6-0
TIME:          7:35 p.m.

Motion by Councilor Kuntz to return from Executive Session;
Seconded by Councilor Damon.
VOTE:          UNANIMOUS 5-0 (Councilor Savasuk out)
TIME:          8:47 p.m.

Motion by Councilor Stiles to grant an abatement request pursuant to 36 MRSA, Subsection
841(2), in the sum of $1,097.36;
Seconded by Councilor Kuntz.
VOTE:          UNANIMOUS 5-0  (Councilor Savasuk out)

Motion by Councilor Kuntz to adjourn;
Seconded by Councilor Moriarty.
VOTE:          UNANIMOUS 5-0 (Councilor Savasuk out)
TIME:          8:47 p.m.