Town Council Minutes 9/27/2004

CALL TO ORDER  7:05 PM

Attendance:  Councilors Storey, Damon, Kuntz, and Moriarty
Excused:       Councilor Savasuk
Late:            Chairman Stiles

Vice-Chairman Storey called the meeting to order at 7:05 pm

I.      APPROVAL OF MINUTES:
        a) September 13, 2004
        Motion by Councilor Porter to approve the minutes as presented.
        Seconded by Councilor Moriarty.
        Discussion:    Councilor Moriarty asked to change the minutes as follows:
        Page 3 Paragraph 2 Item 04-118: The second sentence reading " Councilor Moriarty explained
        that the system has to be designed and stamped & The sentence should begin with Chief
        Small explained that the system has to be designed and stamped&
        VOTE:  4   In Favor          1 Abstain:  Kuntz

II.     MANAGER'S REPORT

        a).    Meeting with MSAD 51 to discussing upcoming Tax Cap vote and planning of informa-
               tional meetings between North Yarmouth  MSAD 51- Cumberland.  Chairman Stiles and
               Manager Shane met with MSAD on September 22, 2004 to discuss informational meeting
               with North Yarmouth to be televised sometime in October.

        b).     Survey work on Route 100 to begin in October for improvements to intersection of Route
               100 and Blackstrap Road.

        c).    Manager Shane met with Public Works Director Adam Ogden and Public Works employees
               from Chebeague Island to discuss Stone Wharf Floats; floats will be kept in the water for as
               long as possible.  Some of the older floats already taken out of water will be auctioned off.

        d).    Sewer allocation units are only available for failed  septic systems and built up areas.  There
               are no sewer units available for new construction except on Route 1.

        e).    Request from A.H. Grover to begin construction on Main Street during hours of 6:00 pm to
               6:00 am.  Construction will take approximately four days.  Work will begin in three weeks.

        f).    Portland Water District to sell lot on Main Street near Moss Side Cemetery.  Manager
               Shane requested that PWD table this item until PWD Trustees Eileen Wyatt and
               Bill Lunt could meet with abutters to this lot. Lot appraised at $72,000.

        g).    A citizen"s group opposed to the November Palesky Tax Cap will be going out
               across the State this weekend to inform people of the effect if the tax cap passes.

        h).    Sally Stockwell, Chairman of the Lands and Conservation Commission, has organized
               a meeting with a forester from the Maine Audubon Society on October 18, 2004 to talk about            forest management practices.

III.    PUBLIC DISCUSSION

        The public portion of the meeting was opened at 7:17 pm.
        There was no discussion.

IV.     LEGISLATION & POLICY

04-126. To set a date to consider and act on a Public Grounds Ordinance.

        Manager Shane explained that Councilor Damon brought this item forward.  A draft
        of the proposed ordinance was available in the Council packets.   A meeting date of October
        25, 2004 was recommended.

        Councilor Damon stated that she thought the ordinance seemed to be a town wide ordinance.
        It didnt specifically state whether it applied to certain lands.  

        Manager Shane stated that the ordinance was intended to be general without an exception by the
        Town Council, so the Council could say except for&  All town facilities would be closed at
        sunset and opened at sunrise. The Council could form a subcommittee to tweak the ordinance and
        add some more specific language.

        Councilor Damon suggested having a committee meeting on Chebeague to discuss how the
        proposed ordinance would affect property on Chebeague.  She suggested that the Island Committee
        review the proposed amendment.  The impetus for this item was the use of land at Chandlers
        Cove.  Residents of Chebeague voiced concerns about the state of the property at Chandlers Cove;
        parts of the property should be reseeded to grow back, issue of underage drinking at night, mud
        races. The Police felt they had no jurisdiction because there are no rules.

        Councilor Moriarty stated that the property could be posted by resolution of the Town Council and      proposed that the ordinance should be review by the Island Committee.

        Councilor Porter moved to set a date of October 25, 2004 to consider and act on a Public Grounds
        Ordinance.
        Seconded by Councilor Kuntz.
        Discussion:  Mr. Shane stated that with the Island Committee assistance a Management Policy
        could be developed.

        Councilor Kuntz rescinded his second on the motion on this item.

        Councilor Damon moved that the Town Council request the Islands Committee assist in the
        development of a Management Plan for Chandlers Cove and Sunset Landing and to
        gather input and feedback on a potential ordinance to regulate the use of that property. The
        Town Council would like to have a report back by January 2005.  

        Discussion:
        Councilor Moriarty stated that the ordinance, when it is finally presented and ready for action,
        should apply to all parts of the town.  

        Motion seconded by Councilor Moriarty. VOTE:         UNANIMOUS  (5)

04-127. To set a date to consider and act on an ordinance amendment to permit the daytime
               use of golf carts on Chebeague Island.

        Manager Shane suggested that input should be received from the Islands Committee.  The Police
        Chief has asked for an ordinance to allow daytime usage of golf carts on Chebeague Island.  The
        law requires an ordinance to be in place to allow use of golf carts.

        Councilor Kuntz moved to send this item to the Island Committee, and to have a report back
        in January 2005.
        
        Seconded by Councilor Moriarty.               VOTE:         UNANIMOUS  (5)

        Chairman Stiles attended the meeting at 7:40 pm

04-128. To set a date to consider and act on the Rines Forest Committee guidelines.

        Robert Waterhouse, Chairman of the Rines Forest Advisory Committee, presented a power point
        presentation of the progress of the Committee. Several photos of the property were presented.  The     Committee developed a Mission Statement and Stewardship Principles.  Future Board policies to be       developed for Council approval include:

·       Forest Use Policy
·       Forest Management Plan
·       Protection of the property through a third party easement
        
        Mr. Waterhouse stated that a site walk of the property is scheduled for October 17, 2004
        At 9:00 am.
        Councilor Porter moved to set a date of October 11, 2004 to consider and act on the Rines
        Forest Committee guidelines.

        Seconded by Councilor Moriarty.               VOTE:         UNANIMOUS  (6)

04-129. To hear a report and set a date to consider and act on an alcohol use policy
               for Val Halla Golf & Recreation Center.

               Richard Doane, Vice Chairman of the Val Halla Board of Trustees, stated that with
               the changes that the Legislature brought about in August, that there is going to be a
               shift in most of the competing golf courses in the area which will allow some kind of
               on-course alcohol sales.  The motivation in bringing this policy forward is more about
               creating an environment where Val Halla can compete more effectively for tournaments,
               which is a significant source of income in the summer.  There will be a cart on the course
               that will offer alcohol and non-alcoholic beverages on the golf course.

               Councilor Moriarty suggested a meeting with the Val Halla Board of Trustees in a
               workshop session before the second Council meeting in October.

               Councilor Porter stated that the golf course has not done well financially.  He sees no
               reason to put Val Halla in a situation where it cannot make a profit. Not allowing alcohol
               on the course ties the hands and making it that much less competitive.
               
               Mr. Doane stated that the cash flow is mostly in for the season.

               Councilor Porter suggested obtaining information from other area courses.

               The Town Council decided to table this item and instruct the Town Manager and
               Council Chairman to set a workshop date to meet with the Val Halla Board of Trustees.

04-130. To consider and act on a request for financial assistance by the Cumberland
               Historical Society.

               Manager Shane stated that the Cumberland Historical Society has some structural
               damage to the flooring and floor support system. An engineering study was done
               and the contracted price for the repairs is about $5,000. The Historical Society is
               asking for any financial help that the Town could provide.

               Councilor Damon stated that the Historical Society has missed a deadline to apply
               For the Rines Thompson Grant.  

               Councilor Kuntz inquired as to how severe the structural damage is?

               Manager Shane stated that the structural damage needs to be addressed.

               Councilor Storey suggested tabling this item until after the November 2, 2004
               Election.

               Councilor Damon reminded the Council that the Town gave Chebeague Island a
               Building which was in much worse condition and they were required to raise funds
               in order that the building could be in usable condition.  The Town could possibly
               loan the Historical Society some funds or match whatever funds could be raised.

               Councilor Porter moved to approve a donation of $2,500 for financial assistance
               to the Cumberland Historical Society.

               Seconded by Councilor Damon with an amendment that there is a caveat that it is
               a matching grant if the Historical Society can raise $2,500.
        
               VOTE:   IN FAVOR:  1  (Porter)        OPPOSED :  5
               Discussion:
               Chairman Stiles stated that he felt that this item should be tabled until after the
               November 2, 2004 Election.

               Councilor Damon moved to table this item until after the November 2, 2004
               Election and until Councilor Moriarty has time to meet with the Cumberland
               Historical Society to obtain answers to questions by the Town Council.

               Seconded by Chairman Stiles.   VOTE:      IN FAVOR: 5          OPPOSED: 1  (Porter)

V.      NEW BUSINESS:

        Chairman Stiles:       NONE
        Councilor Damon:
·       E-mail from Town Manager concerning Boston Post Cane.  Bertha Gray of
               Chebeague Island is 98 and living in her own home.
·       Urge the Town Council to write Governor Baldacci and request a Constitutional amendment that would address the definition of fair market value as it relates to the method used for determining property values in Maine.
        Councilor Kuntz:       NONE   
        Councilor Moriarty:
·       More names for the Winter Road Maintenance Committee.
·       Letter from Town Attorney Kenneth Cole on use of fire ponds as fire protection
               method in subdivisions.
        Councilor Porter:
·       Astronomy center located at Twin Brooks passed onto Twin Brooks Advisory Comm.
·       Comments from resident John Lambert regarding on Fowler side of Twin Brook.  A
               Road is being created to pass from the Tuttle Road to Greely Road; it should be for
               Emergency vehicle use only.  The Council should consider installing a gate.  
        Acting Chairman Storey:
·       Charge for parking at Twin Brook.
·       Inquiry on update on Mill Road.
        Manager Shane:
·       Pike Industries has been delayed for two weeks on finishing Mill Road.
·       Council support installing gate on Fowler property temporarily?

        Councilor Moriarty moved to authorize the Town Manager to install a temporary gate
        On the Fowler side of Twin Brook property at the end of the parking lot but prior to the
        Bridge.

        Seconded by Councilor Kuntz.
        Discussion:
        Councilor Stiles suggested installing a Knox Box Key for the Fire & Rescue vehicles.

        VOTE:         UNANIMOUS  (6)


        Manager Shane contd:
·       Main Street construction from 6:00 pm to 6:00 am.
        
        Councilor Damon inquired if the nighttime for construction hours could be from 6:30 pm
        to 6:30 am.

        Councilor Moriarty stated that he was opposed to the nighttime construction and questioned why the     construction had not been done during the summer as previously scheduled.  .

        Manager Shane stated that the contractor could not get to the Maine Street part of the project sooner,         as he had been concentrating on the site work for the Middle School project.

        Councilor Porter asked for the reason why the contractor requested to work during night
        Time hours?   What if the request is not granted?

        Manager Shane stated that the contractor would have to work during daytime hours. If the
        Project is not completed by November 1, 2004 the contractor would be fined by MDOT.

        Councilor Porter moved to adjourn to Executive Session at 8:40 pm.

        Councilor Kuntz seconded.             VOTE:         UNANIMOUS  (6)
                                                                                            
        Councilor Moriarty moved to come out of Executive Session at 9:10 pm.
        
        Seconded by Councilor Kuntz.   VOTE:         UNANIMOUS  (6)

        Councilor Kuntz moved to adjourn from the workshop at 10:05 pm.

        Seconded by Councilor Damon.   VOTE:         UNAMIMOUS  (6)

Respectfully Submitted,


Deborah Flanigan
Deputy Town Clerks