MINUTES

CUMBERLAND TOWN COUNCIL

MONDAY, SEPTEMBER 12, 2005

 

6:00 - Site Walk  Pre-meeting site walk with Planning Board at Doane property, Wyman Way/Drowne Road, Map U10, Lot 7B.

7:00  Call to Order

Present:  Chairman Stiles, Councilors Turner, Damon, Storey, Kuntz, Moriarty, and Porter.

I.                   APPROVAL OF MINUTES:

 

August 8, 2005

Motion by Councilor Moriarty; seconded by Councilor Kuntz, to approve the minutes as presented.

VOTE:             UNANIMOUS           

August 22, 2005

Motion by Councilor Moriarty; seconded by Councilor Turner, to approve the minutes as amended.

VOTE:             6-0-1 (Councilor Porter abstained)

II.                MANAGER'S REPORT: 

Manager Shane announced the next town council meeting falls on Columbus Day and recommended the meeting continue to be held as scheduled. PAYT program began today. Town has "had some good compliance; however, we have faced the issue of the large supermarkets running out of bags.  Responsibility for ordering bags is left with each vendor, and deliveries are made Thursday of each week, provided they get their orders in.  A Memorandum of Understanding between the town and Greg and Kay Fowler has been signed.  The Planning Board will hear the matter later this month. Board of Adjustments and Appeals review and approval was received earlier this month.

PUBLIC DISCUSSION:   

None

  

III.             LEGISLATION AND POLICY:

 

05  146.   To hold public hearing to consider and act on Rines Forest property Third Party Easement with CMIT.

The Town Manager explained the town has worked with the CMIT, members of the Rines Forest Committee and liaison Councilors Moriarty and Porter over the past year.  This easement will tie up the property in perpetuity.  Committee member Bob Waterhouse spoke and referred to the property Mission Statement which calls for the land to remain forever in its undeveloped state.  Essentially, the issue tonight is &the protection of the property through a third party easement whose purpose is to preserve and protect in perpetuity the protected property.  An overall site management plan will be created.  Bill Dehais, board member of the CMIT expressed our willingness to accept this easement and work with the committee to protect this property.

During public participation, Mr. Ted Chadbourne spoke to the difference between conservation and preservation, noting this (property) presently has tree farm status, which ensures the highest standards of wise use of resources as opposed to non use of resources.  There are many instances of really handsome forests that have selective cutting done periodically. It is his hope that Cumberland would not take things entirely out of use. I do hope that it"s clear & whether they are talking about maintaining something that can have all those pleasures by the general public, but also maintain productive land. I dont think it serves us well to lock away land.  Chairman Stiles replied that a forester will help manage the land.  It does need selective cutting from time to time to keep it in its pristine value.  Mr. Waterhouse added that the committee has discussed this point, noting there will be a forest management plan created that actually will be utilized in order to maintain the actual forest function, not just preserve it but have it continue to thrive as it has under Mr. Dale Rines guidance. Mr. Rines has expressed a willingness to continue to be a part of that plan.  Councilor Porter read from Section 2A of the Easement which states the protected property shall be used only for conservation and low-impact outdoor recreation and educational activities that do not rely on a substantial alteration to the natural resources.  This is not a national park. The property will be preserved but not in the way you fear it to be.  Councilor Damon noted that the wording forever wild is sometimes used in easements and can severely limit what is done with the land. However, she noted, thats not the plan here. That would be a whole different thing if we were looking at that.  She questioned whether the management plan will require town council approval.  The Manager responded affirmatively.

Councilor Porter moved, seconded by Councilor Damon, to authorize the Town Manager to sign the 3^rd party easement with the CMIT for the Rines Forest Property.  

VOTE:             UNANIMOUS 7-0

05  147.         To set public hearing date to consider and act on road acceptances for

                        Thomas Drive, Rock Ridge Run, and Flintlock.

Motion by Councilor Moriarty; second by Councilor Storey, to set a public hearing date of September 26, 2005.

VOTE:             UNANIMOUS 7-0

05  148.         To set public hearing date to consider and act on report from Twin Brooks Advisory Committee re: amendment(s) to the Victualers Ordinance re: mobile vending units.

Motion by Councilor Storey, second by Councilor Turner, to set a public hearing date of September 26, 2005.

VOTE:             UNANIMOUS 7-0

05  149.         To set public hearing date to consider and act on Habitat for Humanity Lot #2.

The Town Manager expressed Good news  very good results; over a gallon a minute. We are configuring that site as we speak.  Councilor Moriarty requested how the problem was resolved concerning the third lot. There can not be a third lot. The only way we can avoid subdivision is by placing the excess acreage into a conservation easement or sell the remainder of the land to an abutter. The lot will be two acres. 

Motion by Councilor Storey, second by Councilor Porter, to set a public hearing date of September 26, 2005.

VOTE:             UNANIMOUS 7-0

 

05  150.         To set public hearing date to consider and act on sale of tax-acquired

                        property.

Motion by Councilor Moriarty, second by Councilor Turner, to set a public hearing date of September 26, 2005.

VOTE:             UNANIMOUS 7-0

 

05  151.         To set week of October 17  21, 2005 as Bulky Item Pick-Up Week on the mainland.

 

Councilor Moriarty requested whether the PAYT program will impact this service.  There will be no change in this service.

Motion by Councilor Storey, second by Councilor Turner, to set the week of October 17 -21 as Bulky Item Pick Up Week.

VOTE:                         UNANIMOUS 7-0

05  152.         To set date to consider and act on Victualers License for Heidi Valenzuela, d/b/a Name Your Diet, 96 Range Road.

Motion by Councilor Kuntz, second by Councilor Moriarty, to set a public hearing date of October 10, 2005.

VOTE:             UNANIMOUS 7-0

Chairman informed the Council his arrival will be delayed for the October 10^th meeting. Councilor Porter also stated he may be absent due to a FEMA assignment for at least 30 days to assist in the hurricane relief efforts. Councilor Turner also noted that his arrival may be delayed for the October 10^th meeting.

 

IV.              NEW BUSINESS:

 

Councilor Turner   commended all those involved in the hazardous waste day at the Yarmouth FD; carried the event longer than scheduled to let most people in; went above and beyond.  Requested the council discuss the issue of bike paths on Route 88. Its a real safety issue to me. Manager explained the town was reclassified under the last census and is now part of the PACTS Program.  He will place this item into the hopper in order to get onto the list. The applications are due next month.

Councilor Damon  none

Councilor Storey   we ought to know how the council stands regarding the inclusion of the other islands; suggested an opinion from the town attorney. Manager stated the town attorney advised he does not believe it meets the secession law as devised by the legislature, but it wouldnt matter because the legislature could overturn it anyway. This is a unique set of circumstances.  The legislature can say we dont care what that means...they can take all the islands with them.  Our day in court comes before the legislature - down the road a little bit. Councilor Moriarty added it doesnt make a whole lot of difference at this point how the map is drawn delineating the process as including a public hearing, advisory votes, mediation/negotiation and legislative review. Regardless of how map is drawn on day one the legislature is not bound by that at all one way or the other&Its kind of a beginning point. To spend money on legal challenges right now would not be money well spent.  Councilor Damon commented that when Cumberland separated from NY the original petition only included Basket and Smooth Clapboard Island (now known as Sturdivant).  It was the legislature who at the eleventh hour as part of a compromise&made the decision to put these islands in Cumberland as opposed to NY.  Councilor Turner echoed Harlands concerns to some extent and asked whether it might facilitate the discussion if the individual councilors would suggest their predilection.  He added for the record &if the town of Cumberland is to lose any of its rights&around any of those islands&Id be against allowing them to go. On the other hand, if theres a substantial vote from Chebeague Island from the November vote, Im not of a leaning to stand in there way.  Chairman Stiles felt it premature to request individual councilor positions prior to the public hearing.  Councilor Porter remarked that the residents of CI asked for individual councilors opinions and the council did not give them any guidance.  This is the legal document whether we like it or not. Our opportunity to give them guidance has come and passed.  Councilor Damon expressed her hope that open minds will prevail during the public hearing.  This is not an issue of money.  This is not about a land grab.  Its about protecting islands.  We look at this as stewardship. People care about those islands and theyre not going to let people abuse them. And, thats what this is all about. Councilor Porter respectfully disagreed, stating this partially is about money.  The pain that the residents of Chebeague are feeling is being in this community as well. All press reports have referenced protecting the fishing rights in relation to the secession.  Councilor Moriarty requested the town attorney give us formal input into the extent which a town can regulate salt water fishing rights.  He expressed his feeling that if there is to be a separation, there ought to be retention of reciprocal shell fishing rights on both sides of the water. Councilor Turner also noted that by polling the council, the last thing on my mind was that I...or the rest of us&would not be open minded.  Its particularly important it be an amicable process.  The islands are important to us. Well make a terrible mistake if through this process we end up with antagonism engendered as far as people on the island are concerned toward the mainland and vice versa.   

Councilor Kuntz  none

Chairman Stiles  mentioned the PAYT bags are here; two sizes.  The Island Secession public hearing will be held Thursday, 9/15; however, it is subject to weather restrictions.  Please stay advised. Val Halla has a very advantageous golf rate at this time, but it is available only for a limited time.  Archery and deer hunting season has begun.

Councilor Moriarty  re: the PAYT program  can residents still use their garbage cans, with the bags inside the can. Yes, as long as the bag is inside the garbage can. 

Councilor Porter  mentioned committee vacancies: Lands & Conservation, Solid Waste Advisory Committee, Personnel Appeals Board, Prince Memorial Library, Twin Brook Committee, and Val Halla.  Visited Val Halla to play tennis last 3 weekends, congratulated Ned Gribbin and staff on additional $80,000 brought in by the addition of 160 new members.  First class place to watch a ball game, eat and drink at the Viking Grill. Cumberland Labor Day Soccer Tournament worked like a fine machine.  Bike path on Route 88 has been talked about for several years; would like the internal path from the GHS to Twin Brooks added to the PACTS request discussed earlier.  If not possible, he proposed a sidewalk from the GMS to Twin Brook be included in next years budget. Has accepted an assignment for at least 30 days in New Orleans. If the assignment will extend to beyond 90 days, he will contact the Manager to discuss his term on the council.

Manager Shane  Tuttle Road is also in the PACTS process - that separated safety path will be identified as part of the road construction cost.  That project is a 100% local cost.  Has been meeting with a subcommittee re: ordinance related matters - will bring recommendations forward re: home occupations; outdoor recreational areas; measuring frontages along roads.   Will bring forward for referral to the October Planning Board meeting.

V.                 ADJOURNMENT:

 

Motion by Councilor Damon; seconded by Councilor Turner.

VOTE:             UNANIMOUS

TIME:              7:58 pm

 

VI.              WORKSHOP re: DOANE PROPERTY:

VII.           EXECUTIVE SESSION:

Motion by Councilor Moriarty, second by Councilor Kuntz, to move into Executive Session pursuant to 1 MRSA, Subsection 405(6)© re: real estate acquisition, and 1 MRSA Subsection 405(6)(f) re: litigation and hardship abatement request.

VOTE:             UNANIMOUS 7-0

TIME:              9:03 p.m.

 

Motion by Councilor Moriarty, second by Councilor Kuntz, to return from Executive Session.

VOTE:             UNANIMOUS 7-0

TIME:              10:35 p.m.

 

Motion by Councilor Moriarty, second by Councilor Porter, to deny the poverty abatement request.

VOTE:             PASSAGE 6-1 (Councilor Damon)

 

Motion by Councilor Moriarty, second by Councilor Damon, to authorize payment up to $1,500 to Kay and Greg Fowler for legal expenses.

VOTE:             UNANIMOUS 7-0

Time:                10:45 p.m.

 

Motion by Councilor Kuntz, second by Councilor Storey, to adjourn.

VOTE:             UNANIMOUS 7-0

TIME:              10:45 p.m.

 

 

Respectfully submitted,

Nadeen Daniels, CMC
Town Clerk

 

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