CAPE ELIZABETH TOWN COUNCIL AGENDA
Regular Meeting # 10-2013
Cape Elizabeth Town Hall
Monday, May 13, 2013
7:00 p.m.
14:00 Roll Call by the Town Clerk
37:00 The Pledge of Allegiance to the Flag
55:00 Town Council Reports and Correspondence
01:37 Finance Committee Report
01:44 Citizen Opportunity for Discussion of Items Not on the Agenda
01:55 Town Manager’s Report
13:33 Review of Minutes
April 8, 2013
April 11, 2013
April 29, 2013
14:38 Item# 79-2013
Inn by the Sea Annual License Renewals
Ordered: The Cape Elizabeth Town Council, having invited public comment on Monday, May 13, 2013 does hereby approve the annual renewal of malt, vinous and spirituous licenses and the special amusement permit for the Inn by the Sea, LLC at 40 Bowery Beach Road
15:25 Item# 80-2013
The Local Buzz Annual License Renewals
Ordered: The Cape Elizabeth Town Council, having invited public comment on Monday, May 13, 2013 does hereby approve the annual renewal of malt, vinous and spirituous licenses and the special amusement permit for the Cape Café, LLC- the Local Buzz at 327 Ocean House Road.
17:36 Item# 81-2013
Appointments Committee Recommendation
The Appointments Committee is pleased to submit for town council consideration a recommendation to fulfill an unexpired term on the Conservation Commission for a term to expire December 31, 2013. This appointment is effective immediately.
Jim Tasse 30 Cliff Avenue
19:29 Item# 82-2013
Voter Registration Appeals Board
State law provides for a Registration Appeals Board in the event a person is aggrieved by the decision of the registrar of voters, that person may appeal to the board. The board consists of 3 members and 2 alternates. The municipal committee of each of the major political parties shall nominate one member, who must be enrolled in the party that nominates the member. The municipal officers shall appoint the persons nominated by the municipal committees. The third member is nominated by the town clerk and appointed by the municipal officers.
When a municipal committee nominates a member, it shall also nominate an alternate board member who serves if the member nominated by the municipal committee is or becomes unable to serve. The term of office is 3 years and until the member's successor is appointed and sworn.
The term of office is 4 years for the member nominated by the clerk. This person serves as chairman of the board. David J. Backer, 2 Rugosa Way currently serves as the Chairman of the Registration Appeals Board for a term to expire May 10, 2014.
Nominations
The Democratic Town Committee has nominated Nolan L. Reichl, 1 Rock Crest Drive and alternate Karen M. Hessel, 45 Wildwood Drive.
The Republican Town Committee has nominated Martin J. Sheehan, 18 Star Road and alternate Janet M. Staples, 27 Trundy Road.
The terms are effective immediately for a term to expire May 13, 2017.
Recommended Motion
The Cape Elizabeth Town Council confirms nominations to the Registration Appeals Board as presented.
23:31 Item# 83-2013
Miniature Golf Request in BA Zone
The town has received a request from Carl Dittrich to consider permitting miniature golf courses in the BA Zone. It would be in order to refer the request to the planning board.
36:20 Item# 84-2013
Day Camps
The town council earlier referred to the planning board a request to amend the zoning ordinance to allow summer day camps. At the April 22, 2013 meeting, the planning board recommended, by a vote of 6-0, the attached amendment. It is recommended that this item be referred to the ordinance committee and that it be set for public hearing on Monday, June 10, 2013 at 7:00 p.m. at the Cape Elizabeth Town Hall with proper notice thereof.
Link to Draft Amendments
Current Ordinance Provisions
The zoning ordinance provides for two types of day care establishments:
Home Day Care: A facility which provides a regular program of care and protection in the operator’s residence for up to six (6) children under the age of sixteen (16) or up to two (2) adults for any part of the day.
Day Care Facility: A facility which provides a regular program of care and protection during any part of the day for either (i) three (3) or more adults or seven (7) or more children under the age of sixteen (16) in the operator’s residence or (ii) any number of children or adults in a building other than the operator's residence.
Sec. 19-8-8, Home Day Care and Day Care Facility Standards, establishes standards for day cares.
The smaller facility, the day care home, is a conditional use. A permit is required from the Code Enforcement Officer. The CEO sends a notice to neighbors and if there are objections, the applicant must appear before the Zoning Board of Appeals to request a conditional use permit. The Day Care Facility is larger and requires Site Plan Review from the Planning Board. Both types of facilities must provide a fenced, outdoor play area and a vehicle pick-up and drop-off area.
Ordinance amendment
The draft amendment creates the following day camp definition:
Day Camp: A program of care and instruction for no more than six (6) children, age sixteen (16) or younger, at the operator’s residence, and may also include the operator’s yard and off-site field trips. The program shall be limited to no more than four (4) hours a day and limited to school vacation periods, and further limited to no more than four (4) weeks per summer and no more than six (6) weeks in a calendar year.
The amendment also adds day camps as a permitted nonresidential use in the RA, RB, RC, TC, BA, and BB districts.
38:44 Item# 85-2013
Proposed Amendments to the Subdivision Ordinance
It is recommended by the ordinance committee that
the proposed amendments be set for public hearing on Monday, June 10, 2013 at 7:00 p.m. at the Cape Elizabeth Town Hall with proper notice thereof.
Link to report from planning board
Link to subdivision ordinance if amendments are approved
40:31 Item# 86-2013
Proposed Amendments Related to Responsibilities of the Conservation Commission
At the May 2, 2013 meeting, the ordinance committee reviewed amendments to Article V, the Board and Commission Ordinance, expanding the role of the conservation commission as recommended by the FOSP Committee. At the close of discussion, the ordinance committee voted 3-0 to recommend the proposed amendments to the town council for consideration. It is recommended by the ordinance committee that the proposed amendments be set for public hearing on Monday, June 10, 2013 at 7:00 p.m. at the Cape Elizabeth Town Hall with proper notice thereof.
Link to ordinance committee memorandum
41:43 Item# 87-2013
Renewal Lease for Building 326 at Fort Williams Park
Ordered: The Cape Elizabeth Town Council does hereby approve the proposed lease with Behavioral Health Resources, Inc. for a three year lease of space at Building # 326 at Fort Williams Park.
42:13 Item# 88-2013
Shore Road Sidewalk Estimate
The town council included within its goals for 2013:
The Shore Road Pathway was completed in 2012 extending from the town center to the former main gate of Fort Williams Park. In 2013, the town council will develop and implement a plan to include pathways/sidewalks for all of Shore Road extending from the old main gate of Fort Williams Park to Preble Street.
The engineer’s estimated cost for the project is $107,000. This includes new sidewalks between the two Fort Williams Park entrances and between Cottage Lane and Surf Road thus providing a sidewalk or pathway on all of Shore Road from Preble Street to Shore Road. It is recommended that funds from the unallocated general fund balance be authorized for the work.
54:41 Item# 89-2013 Proposed Ordinance Committee Review of Vendor Sales at Fort Williams Park.
It is proposed that the ordinance committee be charged with reviewing ordinance issues relating to supervision of vendor locations at Fort Williams Park. Any such review shall include participation from representatives of the Fort Williams Advisory Commission.
56:47 Citizen Opportunity for Discussion of Items Not on the Agenda
01:13:19 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.