MINUTES
CUMBERLAND TOWN COUNCIL MEETING
Town Council Chambers, 290 Tuttle Road
Monday, January 23, 2006

7:00 p.m. - CALL TO ORDER

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

      Excused:  Councilor Kuntz.

 

I.                   APPROVAL OF MINUTES

January 7, 2006 and January 9, 2006

Motion by Councilor Storey, seconded by Councilor Moriarty, to approve the January 7, 2006 minutes as   presented.

      VOTE:                   UNANIMOUS PASSAGE 6-0

Motion by Councilor Moriarty, seconded by Councilor Storey, to adopt the January 9, 2006 minutes.

VOTE:                   UNANIMOUS PASSAGE 6-0

II.                MANAGER'S REPORT

 Update re: PAYT (Pay As You Throw) Program

 The Manager exhibited powerpoint slides highlighting the reduction in trash collection since the inception of the town"s PAYT program.  During the period of September through December, the volume of trash taken to RWS has "changed dramatically.  We've shrunk way down."  Cumberland's recycling numbers have also improved significantly.  In fiscal year 05/06, the town held a 19% recycling rate, and "we are heading toward 32 to 36 percent for FY 06. We are down to 1.31 bags per stop."  The Manager informed the council and public  that trash bags are now offered for sale at the Town Hall, in addition to the stores where sales already exist.  He anticipates a budget reduction of $117,000 in next year's budget forecast; $70,000 from the elimination of start-up funding, and $47,000 in tipping fees.

 The Town Manager discussed two "housekeeping items."  (1) a council workshop is scheduled for February 23, 2006 to continue the Village Center (Doane property) discussions; and (2) a joint Planning Board Workshop date is needed to discuss the update of the Comprehensive Plan.  A date of February 28, 2006 was agreed upon.

III.             PUBLIC DISCUSSION

None.

IV.              LEGISLATION AND POLICY

06 - 012.   To hear a request from David Chase to amend the Route One South Contract Zone and refer same to the Planning Board for consideration and recommendation.  TABLE

Motion by Councilor Porter; seconded by  Councilor Turner to table.

VOTE:                   UNANIMOUS PASSAGE 6-0

06 - 013.   To hear a request from Rachel Cooney of Portlands Choice Realty to consider the addition of Religious Institutions as a Special Exception in the LB (Limited Business) Zone - Section 200, Zoning Districts, Subsection 204.6, of the Cumberland Zoning Ordinance.

Ms. Rachel Cooney spoke on behalf of the Chinese Gospel Church of Portland and introduced Cumberland resident and church member Mr. Chung as well as the representative for the current owner of the building,

Mr. Bob Port.  The church desires to purchase the building at 99 Gray Road, which is presently located within the LB Zone. The LB Zone does not permit religious institutions as a Special Exception at this time.  Her clients are requesting an amendment to the Cumberland Zoning Ordinance which would classify a Religious Institution as a Special Exception in the LB Zone. 

 The Town Manager added that the LB Zone limits the building footprint to about 5,000 square feet. Most other zones allow (Religious Institutions) as a special exception, and he referenced the town's plans to "embark on" a review of the zoning in the Route 100 Corridor.  He suggested this item be referred to the Planning Board for a formal recommendation.

Motion by Councilor Porter; seconded by Councilor Damon, to refer the request for a Religious Institution Special Exception by Rachel Cooney of Portlands Choice Realty to the Planning Board for consideration and recommendation.

VOTE:                   UNANIMOUS PASSAGE 6-0

06 - 014.   To consider and act on the Cumberland Democratic Committee's nomination of Judith Wohl and Jane Moriarty to the Registration Appeals Board for the period January 2006-2009.

Chairman Stiles read the agenda item as printed.  Councilor Porter moved (as read); seconded by Councilor Turner.  Councilor Moriarty clarified that Judith Wohl will serve as a member, and Jane Moriarty as an Alternate.

VOTE:                   UNANIMOUS PASSAGE 6-0

06 - 015.   To consider and act on the Cumberland Republican Committee's nomination of Joseph Loring to the Registration Appeals Board for the period January 2006-2009.

Motion by Councilor Porter; seconded by Councilor Moriarty, to appoint Joseph Loring as a member of the Registration Appeals Board for the period January 2006 through January 2009.

VOTE:                   UNANIMOUS PASSAGE 6-0

 06 - 016.   Nominating Committee Appointments - Route 100 Corridor Advisory Committee, Val Halla Board of Trustees, and incumbent re-appointments.

 Councilor Porter moved, seconded by Councilor Moriarty, to approve the slate of nominations as presented by the Nominating Committee. 

VOTE:                   UNANIMOUS PASSAGE 6-0

The slate of nominations includes:

ROUTE 100 CORRIDOR ADVISORY COMMITTEE:  Russell Miller, David Crawford, April Caron, Kathleen Lynch, Chris Copp, Jim Tarbox, John Ferland and Randy Copp.

VAL HALLA BOARD OF TRUSTEES:  Judith Greene, Tim Moody, and John Zappia.

PRINCE MEMORIAL LIBRARY ADVISORY BOARD:  Richard  Sweetser

SOLID WASTE ADVISORY COMMITTEE:  Richard Sweetser

TWIN BROOK ADVISORY COMMITTEE:  John Stroud

LANDS AND CONSERVATION COMMISSION:  William MacFarlane

PERSONNEL APPEALS BOARD:  William MacFarlane

Chairman Stiles approved the request by Councilor Porter to add a second Planning Board member, Mark Robinson, to the Route 100 Corridor Advisory Committee, if Mr. Robinson is willing to serve.  Councilor Porter confirmed Mr. Robinsons' willingness.

Motion made by Councilor Moriarty; seconded by Councilor Porter, to re-appoint the following incumbents.

VOTE:                   UNANIMOUS PASSAGE 6-0

Incumbents include:

PLANNING BOARD:  Robert Couillard and Mark Robinson.

BOARD OF ADJUSTMENTS & APPEALS:  Ronald Copp and Peter Wilson.

BOARD OF ASSESSMENT REVIEW:  Kenneth Charest.

PRINCE MEMORIAL LIBRARY ADVISORY BOARD:  Lisa Nolan

VAL HALLA BOARD OF TRUSTEES:  William Putnam

RECREATION/COMMUNITY EDUCATION ADVISORY BOARD:  Robert Vail

SOLID WASTE ADVISORY COMMITTEE:  Michael Perfetti

LANDS & CONSERVATION COMMISSION:  Penny Asherman

COASTAL WATERS COMMISSION:  Kenneth Hamilton and Hartley Brewer

CUMBERLAND HOUSING AUTHORITY:  Sandra Doughty and Joyce Frost

PERSONNEL APPEALS BOARD:  William Ward

RINES PROPERTY CITIZENS' ADVISORY BOARD:  Robert Heyner, Lisa Judd, Tom Hinman and Robert Waterhouse.

V.                 NEW BUSINESS

Councilor Turner. - none

Councilor Damon - none

Councilor Storey - none

Chairman Stiles - requested residents refrain from placing snow from driveways in roadways.

Councilor Moriarty - none

Councilor Porter - none

Town Manager - Regionalization Meeting on Wednesday, January 25, 2006. Topic of discussion includes rescue and regional bus facility.

Chairman Stiles announced that the Council will recess to a Workshop with Kevin Roche and Susan McGinty regarding RWS/ECO Maine early contract renewal and will not return to the air at the conclusion of the workshop.  The workshop will be followed by an Executive Session.

VI.    WORKSHOP  with Kevin Roche and Susan McGinty re: RWS/ECOMaine early contract renewal.

 

VII.           EXECUTIVE SESSION  pursuant to 1 M.R.S.A., Section 405(6)(f) re: real estate tax abatement request and 1 M.R.S.A., Section 405(6)(c) re: real estate disposition.

Motion by Councilor Storey; seconded by Councilor Moriarty, to move to Executive Session pursuant to 1 MRSA, Section 405(6)(F) regarding tax abatement requests.

VOTE:                   UNANIMOUS PASSAGE 6-0

TIME:                    8:25 p.m.

Motion by Councilor Moriarty; seconded by Councilor Turner, to return from Executive Session.

VOTE:                   UNANIMOUS PASSAGE 6-0

TIME:                    8:30 p.m.

Motion by Councilor Moriarty; seconded by Councilor Porter, to grant a tax abatement request in the amount of $227.18 on property identified as Tax Map U22, Lot 11B, in the amount of $227.18.

VOTE:                   UNANIMOUS PASSAGE 6-0

Motion by Councilor Storey, seconded by Councilor Porter, to grant a tax abatement request in the amount of $3,199.77 for FY 2004 taxes on property identified as Tax Map I01, Lot 58, further known as property on Casco Bay Landing Road, Chebeague Island.

Councilor Storey reinforced Councilor Porters concern regarding abatement of property taxes, stating he would prefer to see the town take ownership through foreclosure, allowing the owners to live at the residence during the time the taxes continue to accumulate and collect the delinquent taxes and interest at the time of transfer or sale of the property.

VIII.        ADJOURNMENT

Motion by Councilor Storey; seconded by Councilor Moriarty, to adjourn.

VOTE:                   UNANIMOUS PASSAGE 6-0

TIME:                    8:37 p.m.

 

Respectfully submitted,

 

Nadeen Daniels, CMC
Cumberland Town Clerk 

 

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