CAPE ELIZABETH TOWN COUNCIL AGENDA
Regular Meeting # 10-2011
Cape Elizabeth Town Hall
Monday, July 11, 2011
7:30 p.m.
00:05 Roll Call by the Town Clerk
David S. Sherman, Jr., Chair Term Expires 12/2011 dsherman@dwmlaw.com
Frank J. Governali Term Expires 12/2013 frank.governali@capeelizabeth.org
Caitlin R. Jordan Term Expires 12/2013 caitlin.jordan@capeelizabeth.org
Sara W. Lennon Term Expires 12/2012 slennon@maine.rr.com
Jessica L. Sullivan Term Expires 12/2012 jsullivan08@maine.rr.com
Anne E. Swift-Kayatta Term Expires 12/2011 aeskay@maine.rr.com
James T. Walsh Term Expires 12/2012 jim.walsh@capeelizabeth.org
00:17 The Pledge of Allegiance to the Flag
00:36 Town Council Reports and Correspondence
02:41 Citizen Opportunity for Discussion of Items Not on the Agenda
02:56 Town Managers Report
07:44 Update on Maine PUC Decision on Smart Meters
20:34 Review of Minutes of June 13, 2011 Meeting
20:56 Item # 102-2011 Councilor Swift-Kayatta has asked for reconsideration of Item #102-2011
Councilors Jordan, Sullivan and Walsh also signed the request.
Moved by Anne E. Swift-Kayatta and Seconded by James T. Walsh
Ordered the Cape Elizabeth Town Council does hereby allocate $150,000 from the Land
Acquisition Fund and $200,000 from the proposed bond anticipated to be authorized in Item #
101-2011, with the funds to be placed in an account committed for a partnership with the Cape
Elizabeth Land Trust (CELT) for CELTs planned acquisition of 63 +/- acres of land known as
Robinson Woods II. The total municipal donation of $350,000 may be expended by the Town
Manager at the time the property is acquired provided the Town of Cape Elizabeth receives a
public access easement in a form acceptable to the Town Attorney and the Town Council and
provided that all other funds needed by CELT for the acquisition are obtained. If the property is
not acquired in conformance with the May 2011 purchase and sale agreement between CELT
and the Robinson Family, LLC, the $350,000 shall become unassigned within the Town of Cape
Elizabeth Land Acquisition Fund. In addition, the Town Council respectfully requests the Cape
Elizabeth Land Trust to work with the town to explore alternatives to move the Shore Road path
inward into Robinson Woods I. (7 yes) (0 no)
01:20:12 Item # 111-2011 Aster Lane and Cottage Brook Phase 1A Acceptance
Phase IA of the Cottage Brook Subdivision is now ready for acceptance. This includes a portion
of Aster Lane and related open space. It is recommended that the acceptance be conditional
upon deeds acceptable to the Town Attorney for both the open space and the road and upon the
installation of a light pole per the plans and receipt of the as-built drawings. Aster Lane is off
Spurwink Avenue near the South Portland line. Turn on to Stephenson Street, take a right on
Hamlin and then a left onto Dermot. Aster Lane is part of the former South Street is the first
phase of what was once known as the Spurwink Woods subdivision.
01:21:07 Item # 112-2011 Open Space Management Committee Deadline Extension
The Open Space and Greenbelt Management Committee is requesting an extension of time to
submit the Management Report. The committee had intended to submit its draft report by the
June 30, 2011 deadline. Recent comments provided by the Town Manager need to be addressed
by the full committee, however. The committee believes it will be able to address the comments
and submit a final draft for Town Council consideration no later than September 30, 2011.
01:22:33 Item # 113-2011 Website Video Opportunity
The Town has an opportunity to have a professional company endorsed by the National League
of Cities and the US Mayors Association provide professional quality videos for our web site at
no cost to the Town. The agreement would be for three years and the videos would be paid for by
sponsors whose links show up as part of the frame of the videos.
01:28:14 Item # 114-2011 Pole Location Permit on Spurwink Avenue
As part of the upgrade now occurring at the Spurwink Treatment plant, the Portland Water
District has been working with FairPoint Communications on a new location for a utility pole.
01:29:01 Item # 115-2011 374 Mitchell Road Driveway Easement Request
Early Bird LLC is requesting an easement deed to allow a portion of the driveway of 374
Mitchell Road to extend out to the right of way of Stonegate Road. This is the lot that once had a
driveway extending to Stonegate Road and was the subject of litigation earlier this year. The
parties to the litigation involving the first driveway permit have indicated approval of the Town
granting the requested easement. Draft Language for Easement Sketch The property has a
closing scheduled for July 13th.
01:35:32 Item # 116-2011 Hardship Abatement Requests
Two property owners have asked for an abatement of property taxes by reason of infirmity or
poverty. Pursuant to 36 MRSA 841 2.G applications are confidential and hearings and reviews
on any such requests are held in executive session. The decision is made in public but without
disclosing the identity of the applicant. Link to Related Statute
01:35:20 Citizen Opportunity for Discussion of Items Not on the Agenda
Financial Summaries June 30 2011
01:36:44 Adjournment
Public Participation at Town Council Meetings
After an item has been introduced, any person wishing to address the council shall signify a
desire to speak by raising their hand or by approaching the lectern. When recognized by the
chairman, the speaker shall give his or her name and address or name and local affiliation, if
the affiliation is relevant, prior to making other comments. All remarks should be addressed
to the Town Council. Comments shall be limited to three minutes per person; however, the
time may be extended by majority vote of councilors present. For agenda items that are not
formally advertised public hearings, the time for public comments is limited to 15 minutes
per agenda item. This time may be extended by a majority of the Town Council. The
chairman may decline to recognize any person who has already spoken on the same agenda
item and may call on speakers in a manner so as to balance debate. Once the Council has
begun its deliberations on an item, no person shall be permitted to address the Council on
such item.
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Speaking at the meeting on topics not on the agenda at regular Council meetings
Persons wishing to address the Council on an issue or concern local in nature not appearing
on the agenda may do so at a regular Town Council meeting before the town managers
report and/or after the disposition of all items appearing on the agenda. Any person wishing
to address the Council shall signify a desire to speak by raising their hand or by approaching
the lectern. When recognized by the chairman, the speaker shall give his or her name and
address or name and local affiliation if the local affiliation Council. Comments in each
comment period shall be limited to three minutes per person and 15 minutes total; however,
the time may be extended by majority vote of councilors present.
Decorum
Persons present at Council meetings shall not applaud or otherwise express approval or
disapproval of any statements made or actions taken at such meeting. Persons at Council
meetings may only address the Town Council after being recognized by the chairman.