Town Council Minutes 12/17/2001

TOWN OF CUMBERLAND
MEETING OF THE TOWN COUNCIL
MONDAY, DECEMBER 17, 2001

Councilors Present:  Stephen Moriarty, Jeff Porter, Peter Bingham, Harland Storey, Donna Damon,Mark
     Kuntz & Michael Savasuk                 .

I       The meeting was called to order by Chairman Moriarty  in the Council Chambers at
Cumberland Town Hall at 7:02 PM.

II.     Manager's Report

        Town Manager Robert Benson stated that Cumberland's representative Susan McGinty was
scheduled to make a presentation to the Town Council. However, Mrs. McGinty telephoned Town
Manager today and advised that RWS will be meeting with towns in January and February.

III.    Public Discussion
        
        None

IV.     Legislation and Policy

                01-108.        To hold a Public Hearing to consider and act on amendments to the Growth
               Management Ordinance.

               Chairman Moriarty opened the public hearing and stated that this was an ordinance
that was adopted in June of 2000, which imposed an annual cap on building permits on
the Mainland and on Chebeague Island.  The ordinance was amended in March of 2001, the Town Council reviewed it again in June 2001, and again in September 2001 on Chebeague Island.  

The Council then expressed their various concerns and solutions to changing the amendments to the Growth Permit Ordinance.

Chairman Moriarty closed the Public Hearing.

Town Planner Andy Fillmore address staff recommendations in the draft of the Growth Management Ordinance:

Page 2, .6A. 1, line seven should read "two (2)" instead "of 2."
Page 4, Section 4, line 6 should read "four (4)" instead of "three (3)."
Page 4, Section 4, line 5 should read "any calendar year", instead of "single year."
Page 4, Section 4, paragraph 2 should read "any calendar year", instead of "any year."

Chairman Moriarty asked for a show of hands for those who would support deleting
the word "replacement" from the language of Section 5 on Page 2 of the proposed
Growth Management Ordinance.

VOTE:   IN FAVOR (2) Damon and Porter.
        OPPOSED  (4)  Moriarty, Bingham, Storey and Savasuk

Councilor Bingham moved to accept the following changes on Page 2:

1. Section 6,  Pargaraph E, to include the phrase " or equivalent body"
2. Section 6, Paragraph A, Sentence 1, to change the "fiscal year" to calendar    
    year", and to increase the Growth Permits for Chebeague Island from 3 to 4

         3. Section 6, Paragraph A, Sentence 3 to change from "fiscal year" to "calendar
              year."

Councilor Kuntz seconded.

VOTE:  IN FAVOR (6)
        ABSTAIN (1) Storey

Councilor Bingham moved to adopt the changes made on Page 3:

        1. Section B, Paragraph 3, Sentence 6, to add the phrase "or equivalent."
        2. Section C, Paragraph 1, Sentence 4, to change the phrase "from that time
            on" to "from the time of the adoption of this Ordinance onward."
        3. Section C, Paragraph 3, Sentence 6, to add the sentence "and the CEO shall
            notify the applicant in writing of the date of expiration of said thirty (30   
            days."

Councilor Porter seconded.

VOTE:   IN FAVOR (6)
        ABSTAIN (1) Storey

Councilor Bingham moved to adopt the changes as follows:

Page 4, Section 4, Sentence 4 should read:  No person, partnership, or corporation
shall be entitled in any calendar year to more than two (2) of the four (4) Growth Permits
allocated to a subdivision.

Page 4, Section 4, Paragraph 2 should read:  With respect to Growth Permits sought for
property not located within a subdivision approved by the Planning Board of the Town,
no more than two (2) Growth Permits shall be issued during any calendar year to any one
person, partnership, or corporation.

Page 5, Pargraph 2, Sentence 2 should read:  In addition, four (4) additional Growth
Permits shall be reserved for dwelling units located on Chebeague Island, plus twp (2) additional Growth Permits shall be reserved for affordable housing constructed by
Habitat for Humanity or a similar not-for-profit organization.

Page 5, Paragraph 3, the following sentence should be deleted:  At 5 PM on the last day
of the first calendar quarter of each year, one quarter (25%) of any remaining "subdivision" Growth Permits shall be reallocated to the "non-subdivision" category.

Councilor Porter seconded.

VOTE:   IN FAVOR (6)
        ABSTAIN  (1) Storey

Councilor Bingham moved to adopt the proposed changes on Page 6, Section 10, to change the date that the Ordinance shall be reviewed by the Town Council to June 2002.

Councilor Porter seconded.

VOTE:   IN FAVOR (6)
        ABSTAIN  (1) Storey

Councilor Porter moved to adopt the proposed changes as recommended on Page 8, Section 16, Paragraph 2 of the Growth Management Ordinance.

Councilor Bingham seconded.

VOTE:   IN FAVOR (6)
        ABSTAIN   (1) Storey

Councilor Kuntz moved to establish the effective date of all amendments of the Growth Management Ordinance as January 1, 2002.

Councilor Porter seconded.

VOTE:   IN FAVOR (6)
        ABSTAIN   (1)  Storey

Councilor Storey stated that the reason that he had abstained from voting on the proposed amendments was that he did not support the original ordinance and did not support the proposed one.

        01-109.  To hold a Public Hearing to act on application of Cumberland Salvage, Inc for an
               Automobile Graveyard and/or Junkyard Permits.

               Town Manager Robert Benson stated that in her capacity as Code Enforcement
               Officer, Barbara McPheters had inspected Cumberland Salvage and is recommending
               approval.

               Chairman Moriarty opened the Public Hearing.
               
               There was no public discussion.

               Chairman Moriarty closed the Public Hearing.

               Councilor Porter moved to approve the application of Cumberland Salvage, Inc. for
               an Automobile Graveyard and/or Junkyard Permits.

               Councilor Storey seconded.

               VOTE:  IN FAVOR (6)   
                      ABSTAIN  (1) Kuntz

        01-110.        To hold a Public Hearing to act on application of Thomas Greenlaw for an Automobile
               Graveyard and/or Junkyard Permits.

               Town Manager Robert Benson recommended approval with the right to inspect as
               needed.

               Chairman Moriarty opened the Public Hearing.

               There was no public discussion.

               Chairman Moriarty closed the Public Hearing.

               Councilor Kuntz moved to accept the application of Thomas Greenlaw for an Automobile
               Graveyard and/or Junkyard Permits with the provision that a fence to screen the yard                 from the public view must be installed by June 1, 2002.
        Councilor Porter seconded.

               Councilor Kuntz moved to amend his previous motion to add that the fence
of 15 to 16 feet in length be added  at the current height, and that the Code Enforcement
Officer is to inspect this property in the future to see all is in order.

 VOTE:  IN FAVOR (6)
        ABSTAIN  (1) Bingham

01-97.  To hold a Public Hearing to consider and act on application by Winn Road LLC
        d/b/a Route 9 Diner for a Liquor License and Victualer's License. (Tabled from
        12-11-01).

        Chairman Moriarty referred to the memo from Code Enforcement Officer Barbara
        McPheters indicating that the Town needed to hear from the State Department of
        Eating and Lodging and also from the Drinking Water Program.

        Code Enforcement Barbara McPheters stated that on the afternoon of December 17, 2001
        she received a fax from the Drinking Water Program that indicated that a final
        approval has been granted for the well for this property with a number of requirements
        dealing with maintenance and testing.  

        Chairman Moriarty asked of any additional information was needed from the State.

Mrs. McPheters stated that there are additional inspections to be done with regard to the
final construction and operation. The Health Officer and Mrs. McPheters need to do in-
spections, and when everything is cleaned, the State will come in and do a final inspection before they open or immediately after they open.

Chairman Moriarty asked if the application for the Liquor License and Victualer's
License is complete tonight.

Mrs. McPheters stated that with the exception of the final inspections, she believed
it was complete. She recommended approval, reserving the right to inspect, and that a
Certificate of Occupancy be issued prior to the opening of the restaurant.

Chairman Moriarty opened the Public Hearing.

Roger Bintliff, Route 9 Diner Manager, stated that he was in total agreement with getting the Town's approval for a Certificate of Occupancy pending all the requirements that are necessary to meet the local ordinances.

Chairman Moriarty closed the Public Hearing.

Council Bingham moved to approve the application of Winn Road LLC d/b/a  Route
9 Diner for a Liquor License and Victualer's License contingent upon the required inspection approvals and Certificate of Occupancy.

Councilor Porter seconded.

VOTE:   IN FAVOR (6)
        ABSTAIN  (1) Kuntz




01-111. To award contract to low bidder for health insurance for municipal employees and
        retirees to Aetna Insurance Company for the period of January 1, 2002 to December
        31, 2002.

        Chairman Moriarty stated that the Town Council has spend portions of the last several
        meetings dealing with the issue of providing health insurance coverage to current
        and retired employees.  The Town of Cumberland is currently part of the Maine
        Municipal Association pool and the town has received a bid from another provider, Aetna
        Insurance Company, which has been under consideration and scrutiny by the Town
Council for the past several weeks.   He stated that the Council had been provided with some new information to consider by Finance Director Melody Main. Ms. Main then outlined to the Council the calculation in savings in comparing the two plans, and other
related benefit issues.

Councilor Bingham moved that the Town retain the Maine Municipal Employees Health Association plan for the period of January 1, 2002 through December 31, 2002.

        VOTE:  IN FAVOR: 6
        ABSTAIN 1 (Moriarty)

01-112. To authorize the issuance of $1,000,000 in bonds and bond anticipation notes to
               finance the cost of acquisition of two new fire trucks and various public improve-
               ments to facilitate transportation to Chebeague Island.

               Town Manager Robert Benson stated that this has been discussed at a previous Town
               Council meeting and that this will fund the acquisition of two new fire trucks and will
               leave a substantial amount of money, up to $400,000 to meet the transportation needs
               of both Cousins Island and Chebeague Island improvements to the Chebeague Transpor-
               tation system.  He recommended a twenty-year note for this, at the cost of roughly
               fifteen cents on the tax rate.
               
               Councilor Porter moved authorize the issuance of $1,000,000 in bonds and antici-
pation notes to finance the acquisition of two new fire trucks and various public
improvements to facilitate transportation to Chebeague Island.

               Councilor Bingham seconded.

               VOTE:  UNANIMOUS (7)

01-113. To authorize the Town Manager to borrow $1,500,000 in Tax Anticipation Notes.

               Mr. Benson stated that the Town went out for bids from Bath Savings, Fleet Bank,
Citizens and Peoples Heritage Bank. Bids went out in two instances: on a lump sum, and on an as-needed basis.   He recommended that the Tax Anticipation Notes be awarded
to Peoples Heritage Bank.

Councilor Bingham moved to authorize the Town Manager to borrow $1,500,000 in
Tax Anticipation notes, to award the bid to Peoples Heritage Bank at an interest rate
of 1.96% per annum, and to authorize the following order of the Cumberland Town
Council:






TOWN OF CUMBERLAND, MAINE

ORDER OF THE TOWN COUNCIL
AUTHORIZING TAX ANTICIPATION BORROWING
        
                                                         

ORDERED:                                                             Order 01-113
1.  That pursuant to Section 5771 of Title 30-A of the Maine Revised Statutes,
                                  the Treasurer is hereby authorized and empowered on behalf of the Town
                                  to borrow money from time to time during fiscal year ending June, 30, 2002,
             in an aggregate principal amount not to exceed $1,500,000 at any one time
             outstanding, in anticipation of collections or receipts from taxes, by the issuance
    of a tax anticipation note or notes of the Town, which notes shall be designated
            "Town of Cumberland 2002 Tax Anticipation Note" (the Note). Such note may be
             issued at one time or from time to time and such Note, and any extension, renewal
             or replacement thereof, shall be signed by the Treasurer, countersigned by the
             Chairman of the Town Council and sealed with the Town seal attested by its Clerk,
shall be payable on or before June 30, 2002 out of money raised by taxation during the fiscal year ending June 30, 2002 and shall contain such terms and   provisions not inconsistent her with and shall be sold on such terms and be in such form as shall be approved by the Treasurer and the Director of Finance of the Town.
                    
               2.  That the bid of Peoples Heritage Bank for the purchase of said Tax Antici-
                    pation Note bearing interest at the rate of 1.96% per annum, payable at maturity
                    and at a price of $1,5000,000 be and the same hereby is approved and accepted,
and said $1,500,000 principal amount of Tax Anticipation Note shall be issued and     sold to said Peoples Heritage Bank in accordance with the bid therefor.

               3.  That the Note authorized by the foregoing votes are-hereby designated as
                    qualified tax-exempt obligations for purposes of Section 265(b) of the Internal
                    Revenue Code of 1986, as amended, to the extent such designation may be applicable
                    or appropriate as determined by the Town Treasurer.

4.  That the Town Treasurer be, and hereby is, authorized to covenant with the purchase 
             of the Note on behalf of the Town that the Town will take whatever steps are  
appropriate to ensure that interest on the Note will remain free from federal income taxes, including without limitation, the filing of information returns and reports with the Internal Revenue Service and the payment of any rebate due to the United States of America.

               5.  That the officers executing the Note be and hereby are individually authorized to
     covenant, certify and agree, on behalf of the Town, for the benefit of the holders of
     such Note, that the Town will file any required reports, make any annual financial or
     material event disclosure, and take any other action that may be necessary to insure
     that the disclosure requirements imposed by Rule 15c2-12 of the Securities and
     Exchange Commission, if applicable, are met.

               6.  That the Town Treasurer, Director of Finance, and Clerk and other proper officials of
     the Town be, and hereby are, authorized and empowered in its name and on its behalf
     to do or cause to be done all such acts and things as may be necessary or desirable in
     order to effect the issuance, sale and delivery of the Note hereinabove authorized.

               7.  That if the Town Treasurer, Director of Finance, Chairman of the Town Council or
     Clerk are for any reason unavailable to approve and execute the Note or any of the
     related documents, the person or persons then acting in any such capacity, whether as
     an assistant, a deputy, or otherwise, is authorized to act for such official with the same
     force and effect as if such official had herself performed the act.
                       
Councilor Porter seconded.

             VOTE:    UNANIMOUS (7)

01-114. To approve SAD 51 Swimming Pool License renewal.
               Councilor Storey moved to approve SAD 51 Swimming Pool License renewal.

               Councilor Kuntz seconded.
               
               VOTE:  UNANIMOUS (7)

01-115. To set date for Council Workshop

               Councilor Kuntz to accept January 7, 2002 at 7:00 PM as the date for the Council
               Workshop.

               Councilor Porter seconded.

               VOTE:  UNANIMOUS (7)

V.      Correspondence

Councilor Bingham stated that he would consider writing a letter to the editor of the Forecaster responding to the letter that Denny Gallaudet sent to the Forecaster in
               reference to the math forum.   Mr. Gallaudet suggested that members of the Town
               Council were "ringleaders" as far as investigations of the math curriculum were con-
               cerned.   The public should know that the Council is very aware of its role as a Council,
               and what the role of the SAD Directors are.  At no point whatsoever, is there any kind of
               "ringleader" stuff going on.  

               Mr. Benson stated that a copy of the proposed Contract Zoning in the Council packet.  
               It will go before the Planning Board tomorrow evening.  He will be in attendance, as
               well as the Town Attorney.  He welcomed any input or questions from the Council.

               Councilor Moriarty inquired about the draft agreement refers to the Town having the
               capability to develop rental housing on the 11.7 acre parcel to be given to the Town.
               Do we want to limit that to rental or should we simply just leave it as elderly housing?

               Mr. Benson stated that it could be discussed.  What comes out of the Planning Board is
               not a final draft, the Council has the final authority.

               VI.    New Business

               Councilor Damon inquired if the Council could extend the time that applications would
               be accepted for the Tax Committee, because the deadline is December 31, 2001.  But in
               order to get word out to the majority of people on Chebeague Island, the Island calendar
               deadline is December 20, 2001 and doesn't come out until the first of each month.  Could
               we put off having to have the applications in until Jan 10 or Jan 15, 2002?

               It was agreed to extend the deadline.

        

VII.    Adjourn

The meeting was adjourned at 8:52 PM.



Respectfully Submitted,



Deborah Flanigan
Deputy Town Clerk