Town Council Video June 4, 2007 - Town of Cape Elizabeth, Maine

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CAPE ELIZABETH TOWN COUNCIL AGENDA
Regular Meeting # 9-2007
Monday, June 4, 2007
7:30 p.m.
Roll Call by the Town Clerk
Paul J. McKenney, Chairman 5 Katahdin Road
899-0045
12/2007 PRESENT
David J. Backer
2 Rugosa Way
253-0529
12/2009 PRESENT
Cynthia Dill
1227 Shore Road
767-7197
12/2008 ABSENT
Sara W. Lennon
54 Cranbrook Drive
741-5139
12/2009 PRESENT
Mary Ann Lynch
2 Olde Colony Lane
232-1048
12/2007 PRESENT
James S. Rowe
127 Oakhurst Road
799-5825
12/2009 PRESENT
Anne E. Swift-Kayatta
14 Stone Bridge Road
767-5754
12/2008 PRESENT
Michael McGovern, Town Manager
PRESENT
April D. Tracy, Town Clerk
PRESENT
Pledge of Allegiance to the Flag
Review of Minutes for May 7 and 14, 2007 meetings
MOTION:
M. Lynch
SECOND:
D. Backer
VOTE:
6-0
Ordered that the Cape Elizabeth Town Council accept minutes with the suggested changes being
made by the Town Clerk for the final record.
Presentation of a Proclamation from Maine’s 123
rd
Legislature by Chairman McKenney to the
Cape Elizabeth K-6 Chess Club for the State Championship win.
Reports and Correspondence
Councilor Rowe thanked Jim Cox for putting together such a great Memorial Day celebration.
Councilor McKenney said he was also honored to be a part of the festivities. He made the public
aware of the State’s consolidation plan. He noted that if the state passed this plan, the Cape
Elizabeth School Department would join with the South Portland School Department. This would
eliminate the “One Town” concept and would also not be cost effective for the Town.
Councilor Swift-Kayatta told the citizens that if they had concerns about the consolidation that
they should contact their legislatures and the contact information is on the Town’s website.
Town Manager’s Report (
See Attached
)
Citizens Discussion of Items Not on the Agenda
None
Item # 91
Hannaford Field Committee
It is proposed to adopt a committee charge for a committee to review any proposed additional
changes to Hannaford Field.
Introduction given by Manager McGovern.
Councilor Swift-Kayatta asked for clarification on the differences between option “A” and
“B”.
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Motion was made by Councilor Backer to approve of option “B” and was seconded by
Councilor Lynch; however, she felt it was important to include someone from the
Elizabeth Park neighborhood to be on the committee.
Councilor Backer said he would amend his original motion to include the member from
the Elizabeth Park neighborhood.
Manager McGovern also made it clear that all proposals would go to the School Board
first for approval, then to the Town Council.
VOTE:
6-0
Ordered that the Cape Elizabeth Town Council adopt a charge for the Hannaford Field Committee
as outlined in Option “B” with the addition of an Elizabeth Park resident to the committee.
Item # 92
Turf Field Committee
It is proposed to sunset the earlier Turf Field Committee and to thank the committee for their
exceptional work.
Manager McGovern suggested making a motion to table this issue since this would negate
item #91.
MOTION:
S. Lennon
SECOND:
J. Rowe
VOTE:
6-0
Ordered that the Cape Elizabeth Town Council table item #92 indefinitely.
Item # 93
Trout Brook Watershed Management Plan
It is proposed to authorize staff and the Planning Board to work collaboratively with the City Of
South Portland on a management plan for the Trout Brook watershed.
Introduction given by Manager McGovern.
MOTION:
A. Swift-Kayatta
SECOND:
S. Lennon
VOTE:
6-0
Ordered that the Cape Elizabeth Town Council authorize staff and the Planning Board to work
collaboratively with the City of South Portland on a management plan for the Trout Brook
watershed.
Item # 94
Construction Code Amendments
The Ordinance Committee has reviewed proposed amendments to Chapter 6 of the Code of
Ordinances. It is proposed to accept the report of the Ordinance Committee and to set a public
hearing for Monday, July 9, 2007 at 7:30 p.m. at the Cape Elizabeth Town Hall on the proposed
changes.
An introduction to item numbers 94, 95 and 96 was given by Councilor Rowe.
Motion was made to accept the reports for item numbers 94, 95 and 96 and set them for
public hearing on July 9, 2007.
MOTION:
J. Rowe
SECOND:
A. Swift-Kayatta
VOTE:
6-0
Ordered that the Cape Elizabeth Town Council accept the reports on the Construction Code, Fire
Prevention Code and Sewer Ordinance and set a public hearing date for July 9, 2007 at 7:30P.M
in the Town Hall Council Chambers.
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Item # 95
Fire Prevention Code Amendments
The Ordinance Committee has reviewed proposed amendments to Chapter 8 of the Code of
Ordinances. It is proposed to accept the report of the Ordinance Committee and to set a public
hearing for Monday, July 9, 2007 at 7:30 p.m. at the Cape Elizabeth Town Hall on the proposed
changes.
Item # 96
Sewer Ordinance Amendments
The Ordinance Committee has reviewed proposed amendments to Chapter 15 of the Code of
Ordinances. It is proposed to accept the report of the Ordinance Committee and to set a public
hearing for Monday, July 9, 2007 at 7:30 p.m. at the Cape Elizabeth Town Hall on the proposed
changes.
Item # 97
Carry Forward Balances
It is proposed to approve carry forward balances to be continued into FY 2008. Otherwise, the
appropriations would lapse.
Introduction was given by Manager McGovern.
MOTION:
D. Backer
SECOND:
J. Rowe
VOTE:
6-0
Ordered that the Cape Elizabeth Town Council approve of the carry forward balances to be
continued into FY 2008.
Item # 98
Year End Transfers
The Town Charter provides that the budget for each department shall not be exceeded
except by consent of the council. Each fiscal year before the last town council meeting,
the various accounts are reviewed and recommendations are made on which departments
may need additional appropriations in order to close out the year with positive balances in
each department.
The entire budget is well within the budget.
The following revised FY 2007 appropriations are recommended.
Department 135
Legal and Audit
Original Appropriation
$63,500
Recommended Revised Appropriation
$71,000
The $7,500 additional needed is due to the cost of fact finding for the police collective
bargaining agreement.
Department 160
Insurance
Original Appropriation
$74,284
Recommended Revised Appropriation
$79,000
The premium for our insurance coverage increased from $72,466 last year to $78,507 this
year. We anticipated a lower increase. $82,000 has been budgeted for FY 2008.
Department 180
Debt Service
Original Appropriation
$1,069,510
Recommended Revised Appropriation
$1,069,755
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The account is overspent by $245.
Department 410
Human Services
Original Appropriation
$26,733
Recommended Revised Appropriation
$40,000
Last year we spent $2,100 on general assistance and $1,518 the year before. So far this
year we have spent $15,314.
Introduction given by Manager McGovern.
MOTION:
M. Lynch
SECOND:
A. Swift-Kayatta
VOTE:
6-0
Ordered that the Cape Elizabeth Town Council approve of the Year End Transfers as outlined
above.
Item # 99
Appointments Committee Recommendation
A report is anticipated from the Appointments Committee recommending citizens to fill
vacancies.
Introduction given by Councilor Swift-Kayatta.
MOTION:
A. Swift-Kayatta
SECOND:
M. Lynch
VOTE:
6-0
Ordered that the Cape Elizabeth Town Council approve of the recommended
appointments to the various Town boards and commissions.
Item # 100
Use of Community Center Lower Level
It is proposed to begin to use the lower level of the community center for active uses
instead of the current usage solely for storage. The fire chief has signed off on the use.
Introduction given by Manager McGovern
MOTION:
A. Swift-Kayatta
SECOND:
S. Lennon
VOTE:
6-0
Ordered that the Cape Elizabeth Town Council approve the use of the lower level of the
community center for activities instead of the current usage solely for storage.
Item # 101
Acceptance of Release Deeds from the Heirs of Dorothy Scott
The Town Council has been aware of the efforts to acquire the property interests of the
Loveitt Heirs for the 18+- acres of land behind Sherwood Forest. We have received
release deeds from the heirs of Dorothy Scott for an apparent 1/14
th
interest. It is
proposed to accept these release deeds with appreciation to Norman Scott and Lois F.
Richard.
It is also proposed to offer to all apparent heirs who offer their interests in the property a
proportionate share of the assessed value with the funds to be expended from the land
acquisition fund. The total assessed value is $46,000. For example, a 1/14
th
interest would
amount to $3285.71. Preliminary correspondences from some other parties have
indicated a willingness to deed over their rights provided all parties are treated the same.
It is likely that the full interest will not be able to be obtained as some of the lines of
inheritance appear to have been extinguished and at least one party has thus far indicated
a reluctance to offer their interest.
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Introduction given by Manager McGovern.
Motion was made to accept the release of the heirs from Dorothy Scott; however,
Councilor Lynch requested that a further discussion on the acquisition of the property be
discussed in executive session.
Motion to accept heirs from Dorothy Scott.
MOTION:
M. Lynch
SECOND:
A. Swift-Kayatta
VOTE:
6-0
Motion was then made to discuss the acquisition of more land within the parcel in
executive session in accordance with 1 MRSA §405 Para 6 C.
MOTION:
M. Lynch
SECOND:
A. Swift-Kayatta
VOTE:
6-0
Ordered that the Cape Elizabeth Town Council accept the release of heirs from Dorothy
Scott and discuss the further accusation of land in executive session in accordance with 1
MRSA §405 Para 6 C.
Item # 102
Proposed Executive Session
A policy adopted by the town council many years ago provides that when any parcel in
the town center becomes available that abuts town property, the town manager shall bring
the availability to the attention of the town council. The home at 7 Holman Road next to
the Thomas Memorial Library is for sale. It is proposed to enter executive session in
accordance with 1 MRSA §405 Para 6 C.
§405. Executive sessions
3. Procedure for calling of executive sessions.
Executive sessions may be called only by a
public, recorded vote of 3/5 of the members, present and voting, of such bodies or agencies.
4. Motion contents.
A motion to go into executive session must indicate the precise nature
of the business of the executive session and include a citation of one or more sources of statutory
or other authority that permits an executive session for that business. Failure to state all
authorities justifying the executive session does not constitute a violation of this subchapter if one
or more of the authorities are accurately cited in the motion. An inaccurate citation of authority
for an executive session does not violate this subchapter if valid authority that permits the
executive session exists and the failure to cite the valid authority was inadvertent.
6. Permitted deliberation.
Deliberations may be conducted in executive sessions on the
following matters and no others: (Other paragraphs not applicable omitted)
C. Discussion or consideration of the condition, acquisition or the use of real or personal property
permanently attached to real property or interests therein or disposition of publicly held property
or economic development only if premature disclosures of the information would prejudice the
competitive or bargaining position of the body or agency;
MOTION:
M. Lynch
SECOND:
D. Backer
VOTE:
6-0
TIME:
8:33P.M
Ordered that the Cape Elizabeth Town Council exit public session to enter executive
session in accordance with 1 MRSA §405 Para 6 C.
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Citizens’ discussion of items not on the agenda
None
Motion was made to leave executive session.
MOTION:
M. Lynch
SECOND:
S. Lennon
VOTE:
6-0
TIME:
9:30P.M
Motion was made to authorize the Town Manager to spend up to $30,000 to acquire
fractional interest in the Loveitt Heirs parcel located behind Sherwood Forest.
MOTION: A. Swift-Kayatta
SECOND: S. Lennon
VOTE: 6-0
Ordered that the Cape Elizabeth Town Council authorize the Town Manager to spend up
to $30,000 to acquire fractional interest in the Loveitt Heirs parcel located behind
Sherwood Forest.
Motion to adjourn meeting # 9-2007.
MOTION: J. Rowe
SECOND: M. Lynch
VOTE: 6-0
TIME: 9:33P.M
Ordered that the Cape Elizabeth Town Council adjourn council meeting #9-20007.
Workshop:
It is proposed to have a town council workshop following the town council
meeting to review the progress on town council goals for 2007.