CAPE ELIZABETH TOWN COUNCIL AGENDA
Regular Meeting # 8-2012
Cape Elizabeth Town Hall
Monday, June 11, 2012
7:00 p.m.
00:14 Roll Call by the Town Clerk
Sara W. Lennon, Chairman Term Expires 12/2012 slennon@maine.rr.com
Frank J. Governali Term Expires 12/2013 frank.governali@capeelizabeth.org
Caitlin R. Jordan Term Expires 12/2013 caitlin.jordan@capeelizabeth.org
Katharine N. Ray Term Expires 12/2014 retbank@maine.rr.com
David S. Sherman, Jr. Term Expires 12/2014 dsherman@dwmlaw.com
Jessica L. Sullivan Term Expires 12/2012 jsullivan08@maine.rr.com
James T. Walsh Term Expires 12/2012 jim.walsh@capeelizabeth.org
00:38 The Pledge of Allegiance to the Flag
00:55 Town Council Reports and Correspondence
05:23 Citizen Opportunity for Discussion of Items Not on the Agenda
05:31 Town Manager’s Report
06:53 Link to Draft Minutes of May 14, 2012 Meeting and Index of Material for June 11, 2012
Meeting
07:12 Item# 94 -2012 Proposed Citizen Vote on Library Project
The town council will consider approving the draft question below for submission to the
voters on November 6, 2012.
Shall the Town of Cape Elizabeth borrow $6.0 million to fund a new Thomas Memorial
Library and Cultural Center and accept private donations to assist with the project?
Yes
No
Link to Spreadsheet with All Debt Obligations
Link to Draft Amortization Schedule for Borrowing $6.0 million
23:00 Item# 95 -2012 Proposed Charter Amendment
Link to Town Attorney May 2012 Letter on Charter Amendment Process
It is proposed to set a public hearing for Monday, July 9, 2012 at 7:00 p.m. at the Cape
Elizabeth Town Hall on proposed amendments to the Council-Manager Charter of the Town
of Cape Elizabeth. The charter amendment would require an automatic citizen vote on most
single capital expenditures of a value exceeding $1.0 million. Currently 10% of registered
voters may petition for a vote to override an action of the council exceeding .05% of the state
valuation which would currently amount to $855,375. If the council votes to submit the
proposed charter amendment to the voters, the vote would occur on November 6, 2012. The
full language is at the above link. The section below is the key proposal.
Sec. 2. Referendum for approval of certain capital expenditures. Any vote by the council
for a single capital expenditure of town funds or a single capital improvement, not arising
from a fire or other casualty loss nor arising from a federal or state mandate, the total cost
of which exceeds One Million Dollars ($1,000,000), whether as a separate vote or included
in the approved annual budget, shall be submitted to a referendum vote at a time designated
by the council. Pending action by referendum, the referred vote, or budget item, shall be
suspended from going into operation until it has received an affirmative vote of the majority
of voters voting on said question. This section shall not apply to the refinancing of
previously authorized debt.
26:35 General Assistance Program Limits Public Hearing
Item# 96-2012 Annual Adoption of General Assistance Limits
Ordered: The Cape Elizabeth Town Council approves the annual general assistance limits
attached as an appendix to the minutes of this meeting
27:57 Item# 97 -2012 The Local Buzz Annual Licenses
Ordered: The Cape Elizabeth Town Council approved the application of the Cape Café LLC
dba The Local Buzz, LLC for renewal of their malt, vinous and spirituous licenses and
special amusement permit for the business at 327 Ocean House Road.
29:16 Item# 98-2012 Town Ways Ordinance
Ordered: The Cape Elizabeth Town Council refers to the Ordinance Committee a proposed
amendment to Chapter 17 of the Code of Ordinances and also requests the committee to
conduct a general review of Chapter 17.
Sec. 17-2-1. Entrance Permit Required. No owner of property abutting upon any
public way within the Town shall construct, cause or permit to be constructed, altered or
relocated, any driveway, entrance, or approach or other improvement within the right-of way
of such road or extending from such road onto his property except in accordance with an
entrance permit issued upon his application to the Director of Public Works and except for
the bona fide purpose of securing access to his/her property and not for the purpose of
parking or servicing vehicles within such right-of-way. Decisions of the Director of Public
Works are appealable to the Town Council. Zoning Board of Appeals. A permit fee
established by the Town Council shall be paid for each permit. [Amended Eff. 1/11/95 and
01/07/09]
30:52 Item# 99-2012 Solid Waste Ordinance
Ordered: The Cape Elizabeth Town Council refers to the Ordinance Committee proposed
amendments to Chapter 11, Article II of the Code of Ordinances and also requests the
committee to conduct a general review of Chapter 11, Article II.
31:44 Item# 100-2012 Public Works Collective Bargaining Agreement 2012-2014
Ordered: The Cape Elizabeth Town Council approves the proposed collective bargaining
agreement with Local 340 of the Teamsters representing certain public works employees.
Note: The draft agreement provides a 3% COLA adjustment on July 1, 2012 and an
adjustment on July 1, 2013 of the CPI-U for the 12 months ended December 31, 2012 but not
to exceed 3%. It also requires all paychecks to be direct deposited effective July 1, 2013. It
provides public works employees compensatory time off if the town hall should close for
more than four hours due to a winter storm event.
33:27 Item# 101-2012 Acceptance of Regional Domestic Violence Grant
Ordered: The Cape Elizabeth Town Council accepts a Community Development Block Grant
through Cumberland County to partner with Family Crisis Services with the Cape Elizabeth
Police Department being the lead agency for continuing the supplemental domestic violence
victim assistance program.
37:29 Item# 102-2012 Annual Auditor Appointment
Ordered: The Cape Elizabeth Town Council approves the audit engagement with Runyon
Kersteen Ouellette per the June 1, 2012 draft letter of engagement.
42:04 Item# 103-2012 Cape Courier Space Lease
Ordered: The Cape Elizabeth Town Council approves the updated lease with the Cape
Courier for space at the Cape Elizabeth Town Hall.
42:55 Item# 104-2012 Carry Forward Balances
Ordered: The Cape Elizabeth Town Council approves the following balances to be part of the
assigned fund balance on June 30, 2012:
General Fund Assigned Fund Balances
1102016 Records Preservation $ 4 ,579
1202011 GIS Improvements $ 1 2,189
2104002 Police Department Donations $ 1 0,528
3102039 Public Works Pavement Markings $ 1 6,542
5104001 Library Project $ 8 7,267
5205053 Family Fun Day $ 2 ,000
6452019 Fort Williams Park Tree Planting $ 5 ,407
6452035 Fort Williams Park Building Repair $ 1 2,445
7154004 Police Cruiser Replacement $ 3 0,539
7154009 Roadway and Drainage Repairs $ 2 50,210
7154013 Sidewalk Improvements $ 2 2,443
7154052 Library Building Improvements $ 3 9,516
7154111 Town Hall Meeting Spaces/Office Spaces Plan $ 2 5,000
7154114 Election Equipment $ 1 6,000
7154131 Town Center Building Repairs $ 1 3,643
7155226 Shore Road Path $ 2 72,879
7254227 Fuel Donation Account $ 6 ,752
7154243 Cemetery Stonewall $ 4 5,000
Robinson Woods Phase II Easement Acquisition $ 2 00,000
Capital Needs Planning $ 3 0,000
Budgeted Use of Undesignated Surplus $ 3 50,000
$ 1 ,452,939
Sewer Fund Assigned Fund Balance
Starboard Drive Repairs $ 1 00,000
Infrastructure Fund Assigned Fund Balance
Trout Brook $ 2 5,000
Land Acquisition Fund Assigned Fund Balance
Robinson Woods Phase II Easement Acquisition $ 1 50,000
53:17 Item# 105-2012 Year End Transfers
Ordered: The Cape Elizabeth Town Council approves, in accordance with Article 5, Sec 8 of
the Council-Manager Charter, the following transfers between departments:
Increase Appropriations for the following:
210 Police Department To $1,180,000 from $1,171,241
Extra overtime costs have been incurred due to an employee injured on the job.
410 Human Services To $54,000 from $46,000
General assistance costs are currently near budget.
655 Richards Pool To $322,970 from $316,970
Pool revenues have exceeded last year’s amount by over $50,000 with costs projected to be
just a bit over budget.
Decrease Appropriation for the following:
310 Public Works To $1,064,629 from $1,087,629
The public works budget has savings due to the light winter
01:09:53 Citizen Opportunity for Discussion of Items Not on the Agenda
01:10:05 Adjournment
Link to Monthly Financial Reports
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.