CUMBERLAND TOWN COUNCIL

Attendance:  Present were Chairman Porter, Councilors Savasuk, Damon, Storey, Kuntz and Stiles.
Councilor Moriarty was excused.

Motion by Councilor Damon to approve the minutes as amended;
Seconded by Councilor Kuntz.

VOTE:          UNANIMOUS 5-0 (Councilor Savasuk out)

Motion by Councilor Kuntz to approve the minutes;
Seconded by Councilor Storey.
VOTE:          UNANIMOUS 5-0 (Councilor Savasuk out)

03  084.       To hold public hearing to consider and act on a proposed amendment to Section

413, Height Regulations, of the Cumberland Zoning Ordinance to clarify that the

Board of Appeals may grant a dimensional change as a variance, and not as a special

exception.

Motion by Councilor Damon to adopt an amendment to Section 413, Height Regulations, of

03  085.       To hold public hearing to consider and act on a proposed amendment to Section
               608.7, Outside Consulting Fees, of the Cumberland Zoning Ordinance to add language

prohibiting the issuance of a building permit, certificate of occupancy, or release of a subdivision plat when any amount of fees assessed under this section are owed the Town

of Cumberland.

Motion by Councilor Kuntz to adopt an amendment to Section 608.7, Outside Consulting

03  086.       To appoint William Ward, 128 Longwoods Road, to the Cumberland Planning Board for an unexpired term to end December 31, 2004.

        Motion by Councilor Kuntz to appoint William Ward to the Cumberland Planning Board to
fill an unexpired term to end December 31, 2004;
        Seconded by Councilor Storey.
        VOTE:         UNANIMOUS 6-0

03  087.       To set date for public hearing to consider and act on a Mass Gathering Permit application
               by the Cumberland Farmers Club to hold the 132^nd  Cumberland Fair at the
               Cumberland Fairgrounds, September 21 through 28, 2003.

               Motion by Councilor Damon to set a date of Monday, September 8, 2003 to hold a public
hearing on the Mass Gathering Permit application by the Cumberland Farmers Club to hold the 132^nd
Cumberland Fair, September 21 through 28, 2003;
               Seconded by Councilor Stiles.
               VOTE:         UNANIMOUS 6-0

03  088.       To reappoint William Healey as the Cumberland Tax Assessor for a three-year period
               beginning August 7, 2003.

               Motion by Councilor Stiles to reappoint William Healey as the Cumberland Tax Assessor
for a three-year period beginning August 7, 2003;
               Seconded by Councilor Kuntz.
               VOTE:         PASSAGE 5-1 (Councilor Damon opposed)

03  089.       To authorize the Town Manager to transfer $40,000 from the undesignated fund balance to
               fund paving projects on Chebeague Island.

               Motion by Councilor Stiles to authorize the Town Manager to exceed the budgeted amount (over expenditure) by $40,000 to continue the paving project as described on the island, without designating the funds coming from the undesignated fund balance until a later date;
               Seconded by Councilor Savasuk.
               VOTE:         UNANIMOUS 6-0

               Code Enforcement Officer, Barbara McPheters, outlined the major areas of revision to include: the issuance to Chebeague Island residents of 20 permits over a 5 year period beginning July 1, 2001; the re-issuance of expired growth permits during the same calendar year shall not be counted toward the annual allocation in any category; a $50 re-instatement fee; four permits during any calendar year may be issued within a subdivision; unused growth permits in the subdivision category shall be reallocated as follows:  at 5:00 p.m. on the last day of the second calendar quarter of each year, 2 (two) additional non-corporate permits per subdivision shall be allowed, then one third (33%) of any remaining subdivision growth permits shall be reallocated to the non-subdivision category.  At 5:00 p.m. on the last day of the third calendar quarter of each year, 2 (two) additional non-corporate permits per subdivision shall be allowed, for a total not to exceed 8 (eight) non-corporate for any one subdivision in any given calendar year, then one-half (50%) of any remaining subdivision growth permits shall be reallocated to the non-subdivision category.  The Town Council confirmed a date of September 8, 2003 for a public hearing on the growth ordinance revisions.  The anticipated effective date of the ordinance; however, shall be September 23, 2003.

Motion by Councilor Kuntz to go into Executive Session to discuss possible land acquisition;
Seconded by Councilor Stiles.
VOTE:          UNANIMOUS 6-0

Respectfully submitted,
Nadeen Daniels, CMC
Town Clerk