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Jul 09, 2008 Val Halla Board of Trustee Meeting Jul 10, 2008 CANCELED - Board of Adjustments & Appeals Jul 14, 2008 Town Council Meeting Jul 15, 2008 Planning Board Jul 17, 2008 Cool Cities Rines Forest Committee Jul 23, 2008 Route 88 Bike & Pedestrian Committee Jul 24, 2008 Shellfish Conservation Commission Doane Property Advisory Committee Jul 28, 2008 Town Council Meeting |
MINUTES
Called to order at
Present: Chairman Stiles, Councilors Turner, Damon, Storey, Kuntz, and Moriarty.
Excused: Councilor Porter.
APPROVAL OF MINUTES:
None
MANAGERS REPORT:
a) Zone change request for Route 100 Mr. Elvin Copp, who owns property at the
corner of
Motion by Councilor Moriarty; seconded by Councilor Kuntz, to refer this item to the Planning Board for recommendation.
b)
two items to the agenda. First is an Executive Session re: acquisition of real property. Second item is to set public hearing and referendum dates for the CI petition. On Wednesday, August 17, 2005, Mr. Herbert Maine, presented a total of 21 secession petition pages, containing a total of 202 signatures. 176 signatures were certified by the Town Clerk as valid; only 169 were required to move the petition forward.
Mr. Jeff Putnam represented
Councilor Storey expressed his belief that the residents of
Councilor Moriarty moved, seconded by Councilor Kuntz, to amend the agenda to include a new item to discuss and establish a date for the required public hearing and to discuss and establish a date for the required advisory referendum within the secession territory and to determine whether the advisory referendum should include the entire town or just the proposed secession territory.
VOTE: UNANIMOUS 6-0
Chairman Stiles indicated this item would be dealt with at this time. The Town Manager has recommended a public hearing date of
Councilor Moriarty moved, seconded by Councilor Storey, that the statutory public hearing be scheduled for
VOTE: UNANIMOUS 6-0
Councilor Kuntz moved, seconded by Councilor Turner, to set a referendum date of
VOTE: UNANIMOUS 6-0
Councilor Moriarty clarified that the referendum in the secession territory is also advisory, not binding. The town has the option to hold the vote on a town wide or a municipality wide basis as well, provided that the votes are kept separately and accounted for separately. He believes that a town-wide vote is preferable because the secession impacts not just the proposed (secession) territory but the town as a whole.
Councilor Moriarty moved, seconded by Councilor Storey, that the advisory referendum to take place on
VOTE: UNANIMOUS 6-0
The Town Manager clarified that the petition committee of five, comprised of Beverly Johnson, Jeff Putnam, Mabel Doughty, Mark Dyer, and Dave Stevens, may by a majority vote withdraw the petition for secession so, theres a lot of work that will have to be done pending even a positive outcome in November.
Conversely, Councilor Damon noted, even if the mainland part of the advisory referendum is overwhelmingly opposed to it, it still goes forward if they choose to have it go forward.
No public comments received.
Councilor Storey moved, Councilor Moriarty seconded, to include land acquisition as an Executive Session item.
VOTE: UNANIMOUS 6-0
PUBLIC DISCUSSION:
None
LEGISLATION AND POLICY:
05 -142. To hold public hearing to consider and act on Ice Cream Truck
The Town Manager stated this item was before the Town Council several months ago as an amendment to theVictualers Ordinance for the creation of a mobile vending unit license.
During the public hearing, Beth Howe,
Motion by Councilor Storey; seconded by Councilor Kuntz, to approve the mobile vending unit license for Northeast Ice Cream.
VOTE: UNANIMOUS 6-0
05 143. To hold public hearing re: Consent Agreement for garage setback
violation at
No public comments. The Manager indicated this issue happened over 40 years ago. The garage is six feet off the property line, a shortfall of four feet short of the ten foot zoning requirement. The garage is not over the property line, its just within the setback area.
Councilor Moriarty moved; seconded by Councilor Turner, to enter into the consent agreement for the property located at
VOTE: UNANIMOUS 6-0
Councilor Damon stated concern that there may be periods of time where this may become an epidemic. In the past, no action letters were written by the Code Officer. However, of late, several title companies have refused to accept the letter. Also, the Code Officer today typically requires a survey as part of the issuance of the building permit. This Consent Agreement follows the property and is a legal document. Councilor Turner noted this exact same kind of fact pattern used to go the Board of Appeals for a variance. Most of the time the variance was granted partly due to the fact the Board felt that the town was to some extent at fault in some situations. In others, it &was kind of a question as to whether you surmised &that the applicant was innocent of any intentional misleading of the Town. At the very least, this eliminates that.
05 144. To hold public hearing to consider a Third Party Agricultural Easement on
The Town Manager indicated the town is considering some type of agricultural easement over the next ten to fifteen years&to allow a community garden and farming activity by the Fowlers. He recommended a third party be chosen to oversee this easement, and the Twin Brook Committee could work cooperatively to formulate a use policy and parameters for the easement. It should be finite in nature and be reviewed every ten to fifteen years at first, and then every 3 -5 years thereafter.
Councilor Moriarty believes this item should be sent to the Twin Brook Committee for their input and recommendation. He does have some concerns whether an easement is really necessary&I think we can develop a number of policies without the formality of an easement. To have an agricultural easement, youve got to have somebody ready willing and able to farm and that may or may not always be the case. At a minimum, it should go to the committee first. Councilor Damon proposed the Twin Brook Committee consider it in two phases, the first of which would be to place a conservation easement on that whole section (22 acres). Thats the only way to guarantee the field would remain open to the public for passive recreation and/or agriculture. That would not preclude writing in some opportunities for the council to from time to time develop agricultural policies. To me we have 250 acres&with absolutely no protection on those properties ever. Youre not going to be able to see rolling fields from the road in any place at the rate were going. Councilor Kuntz suggested he would not any liability to rest on the town for that property being farmed.
During the public hearing, Beth Howe, expressed support for Councilor Damons proposal, but also stated having some way of keeping this in agriculture would be good. Kay Fowler explained that the area from the top of the hill down to the brook is in pasture. The whole section is approximately ten acres, with a five acre top of the hill tillable land. The hill is too steep for gardens. The wooded section is already in paths. Stephanie Fowler-Enaire urged the council to adopt an easement. As an abutter, she is looking for a little more protection than just a lease. Greg Fowler explained the brook
is not a nice, clean brook&and when we get rain it comes up a lot and doesnt make it easy to get over the brook to the back part of the land. The 3-5 acres at the top of the hill is absolutely beautiful soil. It would make a grand house lot and it scares the heck out of me. I think it would be nice&to protect the top part that is so desirable.
Councilors Storey and Turner concurred that the 13-14 acre area as described by the Fowlers is the area which should be referred to the Twin Brook Committee. When property is preserved it really ought to be unique, Councilor Turner added It would be remiss of us not to leave at least some flexibility as far as future uses&as far as that particular area, I dont have any problem with a 15 year easement or longer.
Councilor Moriarty moved, seconded by Councilor Turner, to refer to the Twin Brook Advisory Committee the issue of possible future uses of that portion of Twin Brook between Springbrook Farm and the railroad tracks to include agricultural easements, agricultural leaseholds, community garden development and any and all other types of agricultural development policies. The motion is not tied into acreage, its literally between the farm and the tracks. Councilor Damon also requested the committee consider the possibility of an easement that would preclude the possibility of house ever being built there.
VOTE: UNANIMOUS 6-0
05 145. To discuss policy decision re:
Town Manager Shane stated the applicant has requested tabling of this item to the second meeting in September at the soonest.
Motion by Councilor Kuntz; seconded by Councilor Damon, to table this item to the meeting of
VOTE: UNANIMOUS 6-0
NEW BUSINESS:
Councilor Turner none
Councilor Damon feels it would be beneficial to community and council to receive a presentation on the working waterfront referendum that will be on the November ballot. Two aspects current use and LMF bond for working waterfront initiatives to include fish wharves and boat yards.
Councilor Storey encouraged town residents to have a good clean out day and get rid of the trash next week for last trash pick up day before pay-as-you throw program begins. Secession is running right down the coast like poison ivy. We should be influencing Chebeague to stay with the town. He does not support a separate moderator with outside influence. Does not want any presentation to be connected to secession.
Councilor Kuntz none
Chairman Stiles letter from Habitat for Humanity re: Raise the Roof barbeque on September 11th at Pineland Farms. Congratulated Chief Bolduc in obtaining a $33,000 grant from the federal government to help clothe them in protective gear. Fourteenth grandchild born to daughter Linda, John at 7 lbs 6 ounces.
Councilor Moriarty none
Manager Shane 9/12 next Town Council meeting; a site walk at 6 pm to walk the Doane property and meeting with the Town Planner and Planning Board and abutting neighbors. Coastal Waters Commission has met four times to date; will be back with a draft sometime in October. Neighborhood meeting with the residents of
EXECUTIVE SESSION:
Motion by Councilor Moriarty; seconded by Councilor Turner, to move to Executive Session to discuss land acquisition pursuant to MRSA 1, Section 405 (6) (c) re: real property.
VOTE: UNANIMOUS 6-0
TIME:
Motion by Councilor Kuntz; seconded by Councilor Storey, to return from Executive Session.
VOTE: UNANIMOUS 6-00
TIME:
Motion by Councilor Kuntz; seconded by Councilor Turner; to adjourn.
VOTE: UNANIMOUS 6-0
TIME:
Respectfully submitted,
Nadeen Daniels, CMC
Town Clerk
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