Cape Elizabeth Town Council Agenda
Wednesday, October 5, 2016
7:00 p.m.
Cape Elizabeth Town Hall
Molly MacAuslan, Chair
James M. “Jamie” Garvin

Patricia K. Grennon
Caitlin R. Jordan
Sara W. Lennon
Katharine N. Ray
Jessica L. Sullivan
 

AGENDA
Convening by Town Council Chair Molly MacAuslan
00:07 Roll Call by the Town Clerk
00:20 Pledge of Allegiance to the Flag
00:50 Town Council Reports and Correspondence
04:03 Finance Committee Report  
07:04 Citizen Opportunity for Discussion of Items Not on the Agenda
08:29 Town Manager’s Monthly Report including Fort Williams Park comments  
14:33        Review of   Draft Minutes of  September 12, 2016 meeting.  


 
14:57 Public Hearing
Technical Amendments to the Code of Ordinances
21:58 Item #119-2016          Technical Amendments  
      The ordinance committee has recommended many  technical amendments to the code of ordinances.          It is recommended that the technical amendments be approved and that the council refer to the               planning board for review an email  received from the owner of the Old Farm Christmas Tree Place              regarding uses permitted on farm properties.  As farm uses continue to evolve, the review of the           planning board should also entail if the town’s ordinances are reflective and inclusive of current        agricultural and related activities that are more and more commonly occurring in farm settings.
       
59:01 Item #120-2016          Paper Streets
The town council held a public hearing On September 12th and a workshop on September 13th   regarding recommendations   for accepting, extending or not extending the town’s incipient rights in certain paper streets.  It is recommended that the council take the following actions:
A.
ORDER
(ACCEPTANCE OF PAPER STREETS)
              
            WHEREAS, pursuant to 23 M.R.S. § 3032, proposed and unaccepted ways also known as “paper streets” as shown on subdivision plans prior to September 29, 1987 shall be deemed vacated on September 29, 1997, unless extended a period of twenty (20) years by the Town Council, and
            WHEREAS, on September 8, 1997, the Town Council voted to extend, for a period of twenty (20) years until September 29, 2017, all proposed and unaccepted ways within the Town of Cape Elizabeth except certain ways specifically denoted in the Order recorded in the Cumberland County Registry of Deeds (Document #054366).
            WHEREAS, the Town Council wishes to formally accept certain to the paper streets previously extended and reserved by the aforesaid September 8, 1997 vote. 
            WHEREFORE, the Town Council, pursuant to 23 M.R.S. § 3032(2), hereby accepts the paper streets as shown on Exhibit A for the limited purposes described for each paper street.
            The Town Clerk shall record an attested copy of this Order in the Cumberland County Registry of Deeds.
              





Paper Streets to be Accepted  
Supporting information is located in the Town of Cape Elizabeth 2015 Paper Street Report, updated 8-2-2016, a copy of which is on file in the Town Clerk's office.
ID # Name/Location Purpose of accepting paper street
   
U1-1a Stone Dr (north) For pedestrian and bicycle access
U1-1b Stone Dr (south) For pedestrian and bicycle access, and possible vehicle turnaround
U1-2 Cliff Ave (south) For pedestrian and bicycle access and vehicle turnaround
U1-3 Cliff Ave west For pedestrian and bicycle access, and private lot access, with no commitment from the town to build or maintain such lot access, or to maintain the existing driveway located in the paper street
U1-4 Cliff Ave east For pedestrian and bicycle access and vehicle turnaround, with no commitment from the town to maintain the existing driveway located in the paper street
U3-1 Baker Rd ext For pedestrian and bicycle access
U3-2 Forest Rd ext For pedestrian and bicycle access, and utility maintenance and installation
U3-3a Stonybrook (southeast) For pedestrian and bicycle access
U3-6 Ocean View ext For pedestrian and bicycle access, and private lot access, with no commitment from the town to build or maintain such lot access
U12-9 Elizabeth Rd For stormwater management
U19-1 Gladys Rd For pedestrian and bicycle access
U19-2 Hampton Rd/Penny Ln(50'w) For pedestrian and bicycle access and stormwater/drainage and private lot access, with no commitment from the town to build or maintain such lot access, or to maintain the existing driveway located in the paper street.
U19-3 Sweet Fern Rd (50'w) For pedestrian and bicycle access, stormwater/drainage and private lot access, with no commitment from the town to build or maintain such lot access.
U20-1 Grover Rd For pedestrian and bicycle access
U21-1 Dearborn Rd south For pedestrian and bicycle access, open space, and stormwater/drainage utility
U29-1 Harrison Ave For stormwater/drainage, utilities,
U29-3 North St For pedestrian and bicycle access and utilities, with no commitment from the town to maintain any driveway located in the paper street
U32-1 Wedgewood Rd (40'w) For pedestrian and bicycle access, and utility maintenance and installation, with no commitment from the town to maintain the existing driveway located in the paper street.
U36-3 Pine Ridge Rd For pedestrian and bicycle access, and utility maintenance and installation, with no commitment from the town to maintain the existing driveways located in the paper street.
B.
ORDER
 (EXTENSION OF PAPER STREETS)

 
            WHEREAS, pursuant to 23 M.R.S. § 3032, proposed and unaccepted ways also known as “paper streets” as shown on subdivision plans prior to September 29, 1987 shall be deemed vacated on September 29, 1997, unless extended a period of twenty (20) years by the Town Council, and
            WHEREAS, on September 8, 1997, the Town Council voted to extend, for a period of twenty (20) years until September 29, 2017, all proposed and unaccepted ways within the Town of Cape Elizabeth except certain ways specifically denoted in the Order recorded in the Cumberland County Registry of Deeds (Document #054366).
            WHEREAS, some proposed, unaccepted ways may have public benefit to the Town either as, public ways, pedestrian easements, utilities or for other purposes, in the future, the extent of which is difficult to determine.
           
            WHEREFORE, The Town Council, pursuant to 23 M.R.S. § 3032(2) hereby extends for a period of twenty (20) years the proposed, unaccepted ways within the Town of Cape Elizabeth as shown on Exhibit A.   To the extent that any paper streets in the Town of Cape Elizabeth have not been accepted or deemed vacated by vote the Council, their status as paper streets shall also be extended for a period of twenty (20) years. 
            The Town Clerk shall record an attested copy of this Order in the Cumberland County Registry of Deeds.




Paper Streets to be Extended
Supporting information is located in the Town of Cape Elizabeth 2015 Paper Street Report, updated 8-2-2016, a copy of which is on file in the Town Clerk's office.
ID # Name/Location
   
U2-1 Seaview Ave /Ottawa Rd
U2-2 Ottawa Rd (water)
U3-4 Crescendo Terrace (50'w)
U3-5 Crestway (40'w)
U4-1 Waverly (40'w)
U4-2 Hazelwood (35'w)
U4-3 High Bluff Rd (40'w)
U4-4 Quarry Rd
U4-5 Arbutus Rd (35'w)
U7-6 Delano Park
U7-8 Delano Park
U8-1 Woodcock Rd (40'w)
U10-1 Thompson Rd (the portion extending from Shore Rd west a distance of 750')
U12-1 Avon Rd (the portion extending from the public Avon Rd to the northwest property line of lot U12-12)
U12-2 Oak Grove Rd (north)(50' w)
U12-3 Oak Grove Rd (south)
U12-5 Surf Side Ave
U12-6 Old Hayfield Rd
U12-7 Wabun Rd/Bigelow Rd
U12-8 Atlantic Place
U15-1 Lighthouse Point Rd
U15-3 Two Lights (north)
U21-2 Dearborn Rd north
U29-4 Stephenson St
U29-6 South St
U33-3 Highland St
U33-4 Valley Rd/S Curve St
U33-5 Moonshadow Rd
U33-7 Lydon Ln
U36-1 Spoondrift (north)
U36-2 Spoondrift (west)
U42-2 Katahdin Rd

C.
ORDER
 (DEEMED VACATION OF PAPER STREETS)
            WHEREAS, pursuant to 23 M.R.S. § 3032, proposed and unaccepted ways also known as “paper streets” as shown on subdivision plans prior to September 29, 1987 shall be deemed vacated on September 29, 1997, unless extend a period of twenty (20) years by the Town Council, and
            WHEREAS, on September 8, 1997, the Town Council voted to extend, for a period of twenty (20) years until September 29, 2017, all proposed and unaccepted ways within the Town of Cape Elizabeth except certain ways specifically denoted in the Order recorded in the Cumberland County Registry of Deeds (Document #054366).
            WHEREAS, the Town Council pursuant to 23 M.R.S. § 3032, voted to not further extend the time for acceptance of the paper streets as shown on Exhibit A with the intention that they will be deemed vacated under statute.
            The Town Clerk shall record an attested copy of this Order in the Cumberland County Registry of Deeds.




Paper Streets to be "Deemed Vacated"
Supporting information is located in the Town of Cape Elizabeth 2015 Paper Street Report, updated 8-2-2016, a copy of which is on file in the Town Clerk's office.
ID # Name/Location
   
U3-3b Stonybrook (southwest)
U10-1 Thompson Rd (the portion extending west from the point beginning 750' from Shore Rd)
U12-1 Avon Rd (any portion extending to the west of the northwest property line of lot U12-12)
U15-2 Balsam Rd
U30a-1 Allen Rd
U33-6 Hill Place
U36-4 off Pine Rdge Rd
 
01:50:03 Item #121 -2016         Fort Williams Park Amphitheater Proposal   
The Fort Williams Park Committee recently voted to defer future consideration of a proposed amphitheater at Fort Williams Park.  It is recommended the town council receive the report and request the committee to provide to the town manager an updated list of capital improvement priorities for the park for consideration by the town council. 
After some general discussion, DC moved and CW seconded that in light of the feedback received at the public forum, the increased use of the Park and opening of the Children’s Garden, the Committee has decided not to develop and submit a proposed amphitheater project for consideration by the Town Council at this time. (6 Yes and 1 No).
02:07:52 Item #122 -2016         Proposed Purchase of Van for Community Services Senior Citizens    
The Senior Citizens Advisory Commission recommended the purchase of a van for seniors programing at community services.  It is proposed to purchase and outfit a van for a cost not to exceed $65,000 with the costs to be borne through an appropriation from the unassigned fund balance.
02:20:00 Item #123 -2016         Proposed Harbors Committee  
It is proposed to establish a temporary harbors committee with the following draft charge. It is proposed to appropriate $15,000 from the unassigned fund balance to fund the work of the committee. 
02:26:31 Item #124 -2016         Proposed Boardwalk
            It is proposed to authorize the town manager to apply to the Planning Board for a resource protection
            permit to build a boardwalk in a muddy section of the Cottage Brook trail system per a
            recommendation from the Conservation Committee.
 
02:27:24 Item #125-2016          Town Manager Transition
The town manager has indicated his intent to resign on December 31, 2016.  To provide for an       orderly transition, the council will consider a manager transition assistance plan.  
 
02:28:31 End of Items on the Agenda
      Citizens may at this point in the meeting raise any topic that is not on the agenda that pertains         to Cape Elizabeth local government.
02:28:40       Adjournment