Town of Cumberland, Maine - Town Council Minutes 9/13/2001

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

Call to order in the West Conference Room at Cumberland Town Office at 7:00 p.m.

Public Discussion

None

Legislation and Policy

01-69 To instruct Town Attorney to draft appropriate agreement with Paul Belesca regarding location of septic system in municipal R.O.W. on Elizabeth Street (Chebeague Island).

Attorney Peggy L. McGehee and Paul Belesca were present. Code Enforcement Officer Barbara McPheters and Inspector Richard Peterson were also present to state their findings on behalf of the Town of Cumberland.

Code Enforcement Officer Barbara McPheters presented the timeline of events regarding the septic system placement by Paul Belesca. After deliberations by the Council and Attorney Peggy McGehee, all parties agreed on the following motion.

Councilor Lambert moved to authorize Town Attorney to draft easement allowing placement of septic system to be constructed by Paul Balesca within a town ROW/Paper Street known as Elizabeth Street on Chebeague Island; provided that Paul Belesca submit a design for replacement system within 12 months of date of motion; and provide further that the town grant an easement to Paul Belesca permit installation of a waterline between a well to be installed by Paul Belesca and the Belesca home running under town ROW/Paper Street known as Elizabeth Street on Chebeague Island.
Seconded by Councilor Kuntz
VOTE: UNANIMOUS (6)

01-70 To adopt the attached resolution approving MSAD 51 Referendum Election Date

Councilor Bingham recommended a timeline and costs each year be provided.

Councilor Lambert moved to adopt the attached resolution approving MSAD 51 Referendum Election Date.
Second by Councilor Bingham
VOTE: UNANIMOUS (6)

01-71 To accept resignation of Councilor John Lambert

Councilor Bingham moved to accept resignation of Councilor John Lambert
Second by Councilor Kuntz
VOTE: IN FAVOR (5)
ABSTAIN (1) Lambert

Town Manager thanked Councilor Lambert for his dedication and work with the Town Council and the Blanchard Case.

01-72 To call special municipal election to fill vacant Council seat

Councilor Bingham moved to call Special Municipal Election on November 6, 2001 to fill the vacant "Cumberland Foreside Town Councilor seat which expires in June 2003.
Second by Councilor Kuntz
VOTE: UNANIMOUS (6)

Correspondence

·       Chronology of Events for Paul Belesca Property on Chebeague Island
·       Ltr to Paul Belesca RE: Sawyer Road, Chebeague Island (Map 15, Lot 11a) fm Cumberland Town Manager
·       Ltr to Chairman Moriarty RE: Paul Belesca Property, Chebeague Island dtd 9/11/01 fm Town Attorney Ken Cole
·       Ltr to Town Attorney Ken Cole RE: Paul Belesca, Chebeague Island dtd 9/10/01 fm Attorney Peggy L. McGehee of Perkins, Thompson, Hinckley & Keddy.
·       Town of Cumberland, Maine Resolution Approving SAD #51 Referendum Election Date & Warrant for School Construction Projects Referendum Election of SAD 51
·       Ltr to Chairman Moriarty RE: Hardship Abatements dtd 9/11/01 from Town Attorney Ken Cole
·       MSAD 51 Agenda of 9/17/01
·       Falmouth/Cumberland Chamber of Commerce Quarterly Luncheon Invitation for 9/18/01
·       Postponement Announcement of Cumberland County Municipal & County Officials Forum of 9/24/01

EXECUTIVE SESSION

Councilor Bingham moved to enter into Executive Session to discuss Hardship Abatements.
Second by Councilor Kuntz
VOTE: UNANIMOUS (6)

Councilor Bingham moved to come out of Executive Session.
Second by Councilor Kuntz
VOTE: UNANIMOUS (6)

Councilor Kuntz moved to deny Hardship Abatement #1.
Second by Councilor Bingham
VOTE: UNANIMOUS (6)

Councilor Porter moved to table Hardship Abatement #2
Second by Councilor Kuntz
VOTE: UNANIMOUS (6)

V. Adjourn

Councilor Kuntz moved to adjourn meeting at 8:45 pm.
Second by Councilor Bingham
VOTE: UNANIMOUS (6)

Respectfully Submitted,

Lisa Brown
Administrative Assistant