CAPE ELIZABETH TOWN COUNCIL AGENDA
Regular Meeting # 14-2011
Cape Elizabeth Town Hall
Wednesday, October 12, 2011
7:30 p.m.
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
00:15 The Pledge of Allegiance to the Flag
00:34 Town Council Reports and Correspondence
04:36 Citizen Opportunity for Discussion of Items Not on the Agenda
04:50 Election Update
08:45 Town Manager’s Report
17:30 Review of Minutes of September 12, 2011 Meeting
Public Hearing: Rudys’ of the Cape Liquor Licenses
Malt, Vinous and Spirituous License for 517 Ocean House Road, LLC d/b/a Rudy’s of the Cape
17:45 Item # 128-2011 Rudy's Liquor Licenses
The Rudy’s property has been recently sold to 517 Ocean House Road LLC. The new owner has
applied for malt, vinous and spirituous licenses.
23:09 Collateralized Certificates of Deposit for Investment of Town Funds at Peoples United Bank
27:00 Item # 129-2011 Arboretum at Fort Williams Park
The Arboretum at Fort Williams Park has recently revised their master plan. They are asking for
approval of the master plan and authorization for the town manager to apply for permits for sites
along the cliff walk. Materials include: Full Document and individual parts:
Recommendation from Fort Williams Advisory Commission Cover Memorandum from
Arboretum Steering Committee Old Master Plan New Master Plan Master Plan Language
Paths
41:12 Item # 130-2011 Fort Williams Park Fee for Commercial Transportation Vehicles
The Town Council discussed at a workshop on October 3, 2011, the following recommendation
of the Fort Williams Advisory Commission made in June 2011, and recommended a public
hearing be set for Monday, November 14, 2011 on the proposal.
At the FWAC meeting last Thursday, we arrived at a final recommendation regarding fees for
tour buses and trolleys.
We determined that all tour buses, whether related to a cruise ship or arriving randomly, should
be charged $40.00. We also determined the trolley company should be assessed a seasonal
charge of $1,500 for each trolley. In the past we understand there have been 3 trolleys which
made runs to Fort Williams from Commercial Street. Assuming last year's total of 784 buses, we
would generate gross income of $31,360 from buses and $4,500 from trolleys, for a total of
$35,860.
We further determined that we would not assess a charge for camp and recreation program
buses. Since municipal rec. programs are not for profit operations, commission members felt we
should not institute a fee for such visits. We also agreed not to charge the small buses and vans
which may be operated by elderly care facilities such as Village Crossings, Piper Shores or the
South Portland Housing Authority.
This recommendation is for 2012.
01:03:26 Item # 131-2011 Fort Williams Leases
Greg Marles, the facilities manager, has been meeting with prospective tenants of rental spaces.
He has been focusing of late on Building # 326 at Fort Williams Park which is the larger of the
two Officer’s Row buildings. It is recommended to offer proposed leases to: Relentless Capital,
LLC and Behavioral Health Resources, Inc. The leases will result in new annual income of
$17,826 plus $2,964 for utilities with the funds benefitting the Fort Williams Park Capital Fund.
Additional space still remains for lease in Building #326.
01:06:00 Item # 132-2011 Planning Board Growth Area Recommendation
On June 13, 2011, the Town Council requested the Planning Board to consider the possibility of
rezoning Turkey Hill Farm and the Loveitt Heirs parcel from the RB growth area zone to the RA
zone. The Planning Board recommended in September 2011 that the zoning for the two parcels
not be changed. The Town Council may accept the report and the issue would be dead. The
Town Council could refer the recommendation elsewhere. The Town Council could also
schedule a public hearing for November 14th on rezoning one or both parcels from RB to RA.
The Loveitt Heirs parcel is located immediately behind Sherwood Forest which is the
neighborhood across from Fort Williams Park . Turkey Hill Farm is off Old Ocean House Road
with frontage extending southwesterly from the intersection of Trundy Road and Old Ocean
House Road.
01:29:13 Item # 133-2011 Planning Board Open Space Impact Fee Recommendation
The Planning Board recommends the following open space impact fee:
Fee Calculation
Total open space available for public access (town records): 1191 acres
Cape Elizabeth population (2010 U.S. Census): 9015
Average household size 2010 U.S. Census): 2.57
Average value of 1 acre undeveloped land (Town Assessor): $ 19,850
1191 acres/9015 persons = .132 acres per person
.132 acres per person x 2.57 persons per household = .339 acres per household (lot)
.339 acres = 14,767 sq. ft.
.339 acres per lot/unit x 19,850 per acre = $6,729 dollars per lot/unit
01:40:36 Item # 134-2011 Consumer Fireworks Regulations
The Ordinance Committee is recommending a proposed amendment to the Miscellaneous
Offenses Ordinance which would regulate consumer fireworks. It is recommended a public
hearing be set for Monday, November 14, 2011 at 7:30 p.m. at the Cape Elizabeth Town Hall.
Article V. Consumer Fireworks Regulations
Sec 12-5-1. Definitions The following definitions shall apply to this article:
Consumer Fireworks: Shall have the same meaning as in 27 Code of Federal Regulations, Section
555.11 or subsequent provision, but includes only products that are tested and certified by a 3rd party
testing laboratory as conforming with United States Consumer Product Safety Commission
standards, in accordance with 15 United States Code, Chapter 47. Consumer fireworks does not
include missile type rockets, helicopter and aerial spinners, all as defined by the State Fire Marshal
by rule. Nor does the definition include sky rockets and bottle rockets which for purposes of this
section are defined as cylindrical tubes containing not more than 20 grams of chemical composition
as defined by the State Fire Marshal by rule.
Display: An entertainment feature where the public or a private group is admitted or permitted to
view a showing or discharge of fireworks or special effects.
Sec. 12-5-2. Consumer Fireworks Prohibited No person shall use, possess with the intent to use,
sell, possess with the intent to sell or offer for sale consumer fireworks within the Town of Cape
Elizabeth. This section does not apply to a person issued a fireworks display permit by the Town of
Cape Elizabeth and/or by the State of Maine pursuant to 8 M.R.S.A. §227-A.
Sec. 12-5-3. Seizure and Disposal of Fireworks The Town may seize consumer fireworks that the
Town has probable cause to believe are used, possessed or sold in violation of this Article and shall
forfeit seized consumer fireworks to the Sate of Maine for disposal.
Sec. 12-5-4. Penalties
(a) Any person who uses consumer fireworks or possesses consumer fireworks with the intent
for use in the town of Cape Elizabeth shall be punished by a fine of not less than two
hundred dollars ($200.00) and not more than four hundred dollars ($400.00) plus costs. For
second and subsequent offenses, a fine of not less than three hundred dollars ($300.00) and
not more than six hundred dollars ($600.00) per violation plus costs shall be imposed.
(b) Any person who sells consumer fireworks or possesses consumer fireworks with the intent to
sell in the town of Cape Elizabeth shall be punished by a fine of not less than five hundred
dollars ($500.00) and not more than four hundred dollars ($400.00) plus costs. For second
and subsequent offenses, a fine of not less than one thousand dollars ($1000.00) per violation
plus costs shall be imposed.
01:42:43 Item # 135-2011 Roosters
The Ordinance Committee is recommending a proposed amendment to the Miscellaneous
Offenses Ordinance which would regulate rooster owners. It is recommended a public hearing be
set for Monday, November 14, 2011 at 7:30 p.m. at the Cape Elizabeth Town Hall.
Sec. 12-1-2. Animal Control.
(a) No owner or person having charge of any horse, cow, ox, swine, goat, chicken, rooster or
other grazing animal shall turn such animal into, or permit the same to go at large in any street,
highway or public place within the town, or onto private property without the permission of the
property owner
(b) No owner or person having charge of any horse, cow, ox, swine, goat, chicken, rooster or
other animal shall allow any loud noises from the animal which shall either annoy, disturb,
injure, disturb the peace or otherwise deprive abutting property owners of the peaceful and quiet
enjoyment of their property.
01:47:07 Item # 136-2011 Rescue Unit Staffing
It is recommended that the Town Manager be authorized to develop enhanced rescue staffing
with per diem personnel as described in a memorandum dated September 23, 2011 with the
funds to be provided through the Rescue special revenue fund.
01:52:30 Item # 137-2011 Fund Balance Policy
It is proposed to update the Town of Cape Elizabeth fund balance policy
Town of Cape Elizabeth Fund Balance Policy
The Town of Cape Elizabeth shall comply with GASB 54 standards for reporting fund balances.
The fund balance shall be reported in five categories:
• Non-spendable- Funds that cannot be spent because they are either illiquid or legally or
contractually required to be maintained intact.
• Restricted- Funds that are constrained with either externally imposed constraints or mandated
to be reserved by law.
• Committed- Funds that can only be used for certain purposes per a formal action of the Town
Council
• Assigned- Funds that are constrained by the Town Council’s intent of use for a certain
purpose, but are neither restricted nor committed.
• Unassigned- The residual classification for the general fund.
The general fund shall seek to have an undesignated unassigned municipal (excluding schools)
fund balance of 8.33% of annual general fund operating revenues. This is equivalent to revenues
anticipated in an average one month period
If the targeted undesignated unassigned municipal (excluding schools) fund balance target is
exceeded, 100% of any excess funds between 100% and 115% of the target shall be used to
reduce the tax commitment in the next budget to be considered by the Town Council. Any
amount over 115% of the target may be committed or assigned for any capital need or
unanticipated expenditure or may be placed in an assigned fund for future property tax relief.
Until If the undesignated unassigned fund balance reaches falls below its target level, an interim
objective is to increase as a percentage of operating revenues the undesignated unassigned fund
balance every year. The balance shall not be used to support the annual budget or other for
capital needs to a degree that the undesignated unassigned fund balance will be a lower
percentage of operating revenues than in the previous year.
Museum at Portland Head Light Fund
The Museum at Portland Head Light Fund is an independent 501C entity under the control of a
board of directors consisting of the members of the Cape Elizabeth Town Council.
The Museum at Portland Head Light Fund shall have an undesignated unassigned fund balance
of not more than 100% of its annual projected income nor less than 25% of its annual projected
income. Any excess greater than the undesignated unassigned fund balance target shall be used
for improvements to the property and for operating expenses as provided in the by-laws of the
Museum at Portland Head Light.
01:53:11 Item # 138-2011 General Assistance Guidelines
It is proposed to schedule a public hearing on the annual update of general assistance guidelines
for Monday, November 14, 2011 at 7:30 p.m. at the Cape Elizabeth Town Hall.
01:53:37 Item # 139-2011 Public Safety Message Board Sign
It is proposed to adopt a policy for the use of the public safety message board sign.
Public Safety Message Board Sign
The Town of Cape Elizabeth acquired a portable message board sign through a grant from the
US Department of Homeland Security. The sign is approximately 5’ x 8’ and is moved with a
trailer hitch on a pick up truck. The sign is powered with a rechargeable battery and with a small
solar panel.
The sign face may support 3 lines of message with each line having up to 8 characters. Upon
each placement, the sign needs to be programmed and we utilize approximately 3 person hours
for two persons to move the sign from its storage location, to set it up and to return it to storage.
The sign is not used prior to snow plowing due to potential damage.
The sign has traditionally been utilized for public safety messages and for providing advance
word of upcoming road construction projects.
Prioritization of Sign Use
The sign shall first be utilized for the purposes for which it was acquired. The sign was
purchased to assist with information in public emergencies and especially in instances when
Internet services and other means of communication may be unavailable.
The sign shall next be used for purposes affecting the public health, safety and welfare of
citizens. These uses include road closings or restrictions, new or temporary speed limits,
information about public safety programs, water or sewer use restrictions, air quality alerts etc.
The sign may next be used within 7 days of a regular or special election to alert citizens about
the dates and location of Election Day voting.
As the primary purpose of the sign is for public safety, and extensive use could diminish
attention given to the sign, the sign shall not be utilized for fundraising purposes, to advertise
meetings, athletic or cultural events (excepting road closures) or to provide recognition of teams
or individuals.
01:55:02 Item # 140-2011 Fair Hearing Officer Appointment
It is proposed to appoint Michael Vaillancourt to a new three year term as Fair Hearing Officer
expiring December 31, 2014.
01:55:52 Citizens Discussion of Items not on the Agenda
01:56:13 Item # 141-2011 Executive Session Request
It is recommended that the Town Council, in conformance with 1MRSA §405 6 F enter
executive session to review a request for a hardship abatement.
Link to Monthly Financial Update
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.
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 manager’s
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.