Town of Cumberland, Maine - August 8, 2005 Town Council Minutes

paving last week; shoulders placed in a few weeks. Town of Falmouth lending their shouldering machine for this project, which will allow the project time to be cut in half. Twin Brook will be closed Wednesday for construction work. Reclaimed gravel will be spread on the access roads. Reminder place trash at curbside no later than 7:00 a.m. Trash bags approved at last meeting for $1.00 for the 20 gallon and $1.50 for the 33 gallon bag. Trash will not be picked up unless placed in one of these bags. Jack Hardy, Greely Athletic Director, is leaving to become Assistant Principal in Falmouth. Requested update from Councilor Storey who stated that his granddaughter placed tenth in the national shot-put throwing contest.

III. PUBLIC DISCUSSION:

None.

IV. LEGISLATION AND POLICY:

05 136. To hold public hearing to consider and act on Mass Gathering Permit and Victualers Licenses for the Cumberland Fair, September 25 October 1, 2005, Cumberland Fairgrounds.

Permits are in place and department heads have reviewed the application. Mr. Timmins was present to respond to questions. Councilor Porter clarified that liquor would be served at the fair. The liquor is served through a licensed Auburn caterer hired by the Fairgrounds.

Motion by Councilor Storey, seconded by Councilor Moriarty, to approve the Mass Gathering Permit and Victualers Licenses for the Cumberland Fair, September 25 through October 1, 2005, at the Cumberland Fairgrounds.

VOTE: UNANIMOUS 7-0

05 137. Nominating Committee appointments.

Councilor Porter indicated that the Nominating Committee held interviews on July 27^th and is forwarding the recommendations as follows:

Mark Robinson, 388 Main Street, Planning Board, to expire 12/31/05; Ted Chadbourne, 50 Stockholm Drive, Lands & Conservation Commission, to expire 12/31/06; Adam Moody, 297 Greely Road, Prince Memorial Library Board and Jerome Gamache, 32 Powell Road, Board of Assessment Review, both to expire 12/31/07; Sam Wilkinson, 35 Butterworth Farm Road, Alternate to the Board of Adjustments & Appeals; and Ralph Nelson, 64 Crossing Brood Road and Stephanie Fowler-Enaire, 195 Greely Road to the Twin Brook Advisory Committee, no set expiration.

Motion by Councilor Porter, seconded by Councilor Moriarty, to appoint the slate of nominees as presented by the Nominating Committee.

VOTE: UNANIMOUS 7-0

05 138. To discuss zoning amendment re: Cumberland Center Overlay District.

No public comments. The Town Manager requested this item be tabled until after the Doane Property site walk in September. At this time there are a lot of unanswered questions, and we dont want to solve one problem and create three others. He requested a council workshop on this item before moving forward.

Motion by Councilor Kuntz, seconded by Councilor Damon, to table this item.

VOTE: UNANIMOUS 7-0

05 139. To set public hearing re: Rines Forest Conservation Easement.

The Town Manager recommended a September 12, 2005 hearing date. Mr. Rob Waterhouse, Chairman of the Rines Forest Committee, presented an interim report from the committee noting the goal of protection through a third party easement has been a primary goal for the committee to complete in the near future. The thrust of the committees work has been to protect the forests natural beauty, wildlife and varied ecosystems. It shall remain in forever in its undeveloped forested state. The board is working diligently on a property use policy which will be officially presented at a later date along with a management plan. The easement will focus on minimizing any structures. The management plan will focus on the same goals that are described in the easement. New trails will be minimized while maximizing the availability of the property to the public. Tree cutting is to be limited, however, part of the plan for the property will be a continued forest management program that requires tree cutting and will in fact maintain the health of the forest. The committee will develop a site management plan during the fall and hopes to complete a forest management plan within a year.

Councilor Damon suggested clarification regarding the citizens advisory committee as referenced in the plan. The assumption, Mr. Waterhouse indicated, is that its the existing committee. Councilor Damon commented that this coupled with what we did with the Curit Property working with the Land Trust is what we all envisioned fifteen years ago. Chairman Stiles complimented the committee for getting us to where we are today.

Motion by Councilor Moriarty, seconded by Councilor Kuntz, to set a public hearing date of September 12, 2005 to consider and act on the Rines Forest Conservation Easement.

VOTE: UNANIMOUS 7-0

05 140. To set public hearing re: Ice Cream Truck Mobile Vending Unit license.

The Town Manager explained this application is the first submitted under the new mobile vending unit license category as adopted at the last council meeting. The applicant is Northeast Ice Cream.

Motion by Councilor Moriarty, seconded by Councilor Storey, to consider and act on the Mobile Vending Unit license for Northeast Ice Cream, LLC, Exeter, NH, for the period August 2005 June 2006.

VOTE: UNANIMOUS 6-0

05 141. To set public hearing re: Consent Agreement for garage setback violation at

5 Brookside Drive

The Town Manager explained this violation is forty years old and involves a garage being placed a little too close to the property line. Our Code Enforcement Officer recommends a consent agreement be authorized by the council.

Motion by Councilor Kuntz, seconded by Councilor Turner, to set a public hearing date of August 22, 2005 to consider and act on a request for a Consent Agreement for a garage setback violation at

5 Brookside Drive

VOTE: UNANIMOUS 6-0

V. NEW BUSINESS:

Councilor Turner He was absent during last meeting due to his visit to Alaska and met some local officials who expressed the same problems with property value increases and related property taxes as does Cumberland. Many out-of-staters building very expensive homes on islands in the sound.

Councilor Damon attended the Islands Coalition meeting Friday and received an update on legislation; LD 2 is not dead its being carried over. There will be a constitutional amendment regarding adding fishing to the farms and tree growth exemption under tax law, and a bond issue for acquisition of shoreline property traditionally used for working waterfront. The Genesis Foundation has worked with the Maine Islands and provides a dollar for dollar match for affordable housing on islands.

Councilor Kuntz the

Blanchard Road

paving has made that road extremely passable. Asked about the Route 100 rebuild. Manager indicated the bid will be out this fall with a spring construction start. Town will bid

Skillins Road

improvements in October. Should be completed within a year.

Chairman Stiles attended the fire departments Explorer Program graduation. Keep as much distance as possible between your recyclables and regular trash.

Councilor Moriarty questioned whether there is any new information on the boat yard? Councilor Damon responded nothing substantial one way or the other.

Councilor Porter asked Manager for estimate of building a public outdoor pool at Val Halla or other town location. Encouraged councilors to look at the recent mobile vending unit regulations and touch base with the owner of Food Stop and Allens Farm to see how (they) affect their business&to see what business is being lost to taxpaying businesses in this community. Also attended the Fire Departments Explorer Program. Explorers graduated from five separate communities; a great regional effort.

Town Manager he and Councilor Damon attending the Coastal Waters Commission tomorrow evening addressing the current moratorium. He and Chairman will attend the monthly Val Halla Trustees meeting Wednesday evening. The dispatch center is now fully functional in the town of Yarmouth. None of the phone numbers have changed.

VI. ADJOURNMENT:

Motion by Councilor Damon, seconded by Councilor Moriarty to adjourn to a Workshop session.

VOTE: UNANIMOUS 7-0

VII. WORKSHOP re: (a)

Turkey Lane

and (b)

Powell Road

Respectfully submitted,

Nadeen Daniels, CMC

Town Clerk

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