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Town Council Minutes 6/25/2001

TOWN OF CUMBERLAND
MEETING OF THE TOWN COUNCIL
MONDAY, JUNE 25, 2001


Councilors Present:  Stephen Moriarty, Peter Bingham, John Lambert, Jeffrey Porter, Harland Storey, Mark Kuntz, Donna Damon


Call to order in the Council Chambers at 7:10 p.m.


 

Approval of Minutes


a)      June 18, 2001

Councilor Kuntz moved to adopt June 18, 2001 minutes as written.  
Seconded by Councilor Lambert
VOTE:  UNANIMOUS (7)

Manager's Report

Town Manager introduced Susan McGinty, representative to Regional Waste Systems, to update the Council of activities at RWS.  Ms. McGinty suggested a bimonthly report in the future.  

Public Discussion

None

Legislation & Policy

01-36   To hold a Public Hearing and consider taking action on proposed Impact Fee

Ordinance


 

Chairman Moriarty opened the Public Hearing.  Town Attorney Ken Cole was present to answer legal questions.

This was the 6th meeting to discuss the Impact Fee Ordinance DRAFT.  Town Planner, Andy Fillmore suggested estimated calculations of $1.36 per square foot impact fee to be imposed on new homebuilders and developers.  Broken down calculations of $ .87 per square foot for Recreational Facility Improvements and $ .49 per square foot for Open Space Acquisition equaled the $1.36 per square foot figure for residential development.  The building code defines 'Habital Space' as an area that has a ceiling height of greater than 7'6.  It was noted that if a cellar had a ceiling height greater than 7'6, it will be assessed as habital living space.  Spaces below a sloped ceiling of less than 5' high will not be assessed.  Calculations of square footage will be based on those required for building permit applications.  Town Planner agreed to provide a more definitive description of 'Habital Space' to be worded into the Impact Fee Ordinance by the next meeting.  

Meeting was set for Thursday June 28th, 2000 to adopt the Impact Fee Ordinance.

Chairman Moriarty opened the Public Hearing for comments from the public.

7 residents were in attendance, each giving negative testimonials of the proposed Impact Fee.

Chairman Moriarty recited an excerpt from the Comprehensive Plan, "To encourage the Town to explore alternative revenue sources other than property taxes.  This Comprehensive Plan was endorsed by the Planning Board and Town Council approximately three years prior.  Chairman also stated from listening to residents, that property taxes are already burdensome, the Town should seek other methods of procuring revenue.  The Impact Fee is an attempt to generate other services of revenue without the exclusive reliance upon the property taxes.  Approximately a year ago, the Council adopted as an amendment to the Comprehensive Plan, the Cumberland Open Space Plan which clearly recommend Impact Fees on page 18 as an option that the Council should consider as an alternative to reliance on the property tax.  This issue was discussed in a workshop with the Planning Board in the past year.

Chairman Moriarty closed the Public Hearing

Councilor Porter moved to recess agenda item until June 28, 2001 at 7:00 pm.
Seconded by Councilor Kuntz                          
                                                         
VOTE:  IN FAVOR (6)
        OPPOSED (1) Storey

01-37   To hold Public Hearing to consider and act on a proposal for the

           Cumberland Housing Authority to purchase 9 acres of land on Greely Road  
           (owned by PWD) as a possible site for Senior Housing 

Town Manager stated that the Towns Comprehensive Plan recommended purchasing the 9 acres of land on Greely Road, now owned by the Portland Water District.  The issue of a portion of the parcel now used by Val Halla is in question.  Town Attorney Ken Cole advised the Town to conduct a survey before a Council Vote.  

Chairman Moriarty opened Public Hearing at 9:15 pm.
No Public Comments
Chairman Moriarty closed Public Hearing at 9:18 pm.

01-38   To review the Growth Management Ordinance


Building Inspector/Codes Officer Barbara McPheters, proposed a change to a calendar year instead of fiscal year to allow a smoother transition for homebuilders.  Chairman Moriarty recommended that a draft with proposed amendments be presented to the Council and Planning Board.

A Town Council/Planning Board Workshop was set for 6:00 pm July 9, 2001 in the Town Council Chambers to discuss recommendations and suggestions.

01-39   To authorize Town Manager to enter into contract with Vision Appraisal


This item was taken out of order prior to approval of minutes.

Councilor Lambert moved to authorize Town Manager to enter into contract with Vision Appraisal.
Councilor Bingham seconded the motion.

Discussion to the motion
This motion includes a committee headed by the Town Assessor, Bill Healey as Chairman, of 7-10 members, stipulating 2 shall be Chebeague residents.
Councilor Storey amended the motion that the project not exceed $75,000.
Nominating Committee will select Advisory Committee.

                                                                
        VOTE:  IN FAVOR (6)
OPPOSED  (1) Damon

01-40  To consider and act on annual applications for Victualers licenses

Councilor Kuntz moved to approve annual applications for Victualers licenses for 2001-2002.  The Little League was added to the list.
               Seconded by Councilor Bingham.                
        
        VOTE:  UNANIMOUS (7)

01-41   To consider and act on application for Innco, Inc. d/b/a Chebeague Island  

Inn for Liquor License renewal
        

01-42   To consider and act on a Special Amusement Permit application for Innco,

 Inc. d/b/a Chebeague Island Inn

               These two items taken out of order.  

Councilor Damon moved to approve application for Innco, Inc. d/b/a Chebeague Inn Liquor License renewal and Special Amusement Permit.
Seconded by Councilor Storey.   

VOTE: UNANIMOUS (7)

Correspondence

Impact Fee Ordinance Draft
Growth Management Ordinance
Growth Permits Spreadsheets
Vision Appraisal Letter to Assessor dtd 6/7/01
Forest Lake Association packet
Memo from Council Chairman Moriarty dtd 6/21/01  Cumberland Farmers Club
Memo from Council Chairman Moriarty dtd 6/21/01  Councilor Lambert Resignation
Letter of Resignation from John Lambert dtd 6/18/01
Memo to Town Manager/Public Works director from Tom Calder, Gail Miller, Mac Passano & Beth Howe dtd 6/15/01 RE:  Bottle Redemption on Chebeague.
Planning Board Minutes of 5/15/01
MSAD 51 Minutes of 6/4/01
MSAD 51 Agenda of 6/18/01
MSAD 51 Minutes of 6/18/01
MSAD 51 Agenda of 6/25/01
Cumberland County Commissioners Minutes of 5/29/01
Maine Municipal Association Letter and packet dtd 6/11/01 RE: Nomination for MMA Officers
Maine Development Foundation Letter & Registration Form dtd 6/13/01 RE: Maine Education Symposium meeting announcement

Councilor Lambert submitted letter of resignation effectove September 15, 2001.

New Business


 

Chairman Moriarty brought up the Farmers Club wanting to host a small circus.  The Farmers Club was told that they didnt comply due to zoning issues.  Chairman Moriarty wants to go forth of putting it on a future agenda to look further into the subject.

Councilor Damon brought up the Stone Wharf issue on Chebeague.  Chebeague Island Long Range Planning Committee recommends the Council to form a new committee to look into the Stone Wharf focusing on short and long term goals for maintenance and upgrading of the Stone Wharf.   Chairman Moriarty advised the Town to advertise for this committee.  August 1 - deadline for applications.  Nominating Committee will appoint members.

Adjourn


 

No further business was conducted.  Meeting was adjourned at 10:10 p.m.

                 Chairman Moriarty moved to adjourn meeting.
                 Second by Councilor Porter.  
               
VOTE:  UNANIMOUS (7)

Respectfully Submitted,



Lisa Brown
Administrative Assistant


 

290 Tuttle Road
Cumberland, ME 04021
Phone (207) 829-5559  
Fax (207) 829-2214

 
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