CAPE ELIZABETH TOWN COUNCIL AGENDA
Regular Meeting # 11-2013
Cape Elizabeth Town Hall
Monday, June 10, 2013
7:00 p.m.
00:09 Roll Call by the Town Clerk
00:25 The Pledge of Allegiance to the Flag
00:45 Town Council Reports and Correspondence
04:20 Finance Committee Report
04:43 Citizen Opportunity for Discussion of Items Not on the Agenda
05:00 Town Manager’s Report
10:23 Review of Minutes
May 13, 2013
10:53 Public Hearing: Seasonal Day Camps
Item# 90-2013 Day Camps
The town council will consider public hearing comments on the proposed amendments.
Memorandum from Ordinance Committee
Draft Recommended by Ordinance Committee
The draft amendment creates the following day camp definition:
SEC. 19-1-3. DEFINITIONS
Day Camp: A program of care and instruction for no more than ten (10) 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 camp as a permitted nonresidential use in the RA, RB, RC, TC, BA, and BB districts.
31:32 Public Hearing: Amendments to the Subdivision Ordinance
Item# 91-2013
Proposed Amendments to the Subdivision Ordinance
The town council will consider public hearing comments on the proposed amendments.
Link to report from planning board
Link showing ordinance if amendments are adopted.
43:53 Public Hearing: Amendments to the Boards and Commissions Ordinance
Item# 92-2013
Proposed Amendments to the Boards and Commissions Ordinance Regarding Responsibilities of the Conservation Commission
The town council will consider public hearing comments on the proposed amendments.
Link to ordinance committee memorandum
01:09:04 Item# 93-2013 Proposed Amendment to Chapter 12 Article IV of the Revised Code of Ordinances.
The ordinance committee is
recommending an amendment to Chapter 12 Article IV of the Revised Code of Ordinances. A public hearing is proposed for Monday, July 8, 2013 at 7:00 p.m. at the Cape Elizabeth Town Hall with proper notice thereof.
Article IV. Fort Williams Park Regulations.
[Adopted eff. 11/11/77 under R. S. 1964, T. 30, Sec. 2151 and Revised eff. 10/08/08.]
Sec. 12-4-1 Fires Restricted. No change
Sec. 12-4-2 Permitted Fires. No change
Sec. 12-4-3 Open Hours. No change
Sec. 12-4-4 Filming. No change
Sec. 12-4-5 Weddings No change
Sec. 12-4-6 Waste Materials. No change
Sec. 12-4-7 Pet Excrement Removal. No change
Sec. 12-4-8 Regulation of Park Activities. The town council is hereby authorized to adopt rules and regulations to manage commercial activities in the Park, activities that include, but are not limited to, vending.
Renumber old Sec. 12-4-8 to Sec. 12-4-9
Sec. 12-4-9 Penalty. Any person found to have violated any provision in Article IV shall be punishable by a fine not to exceed Two Hundred Fifty ($250.00) to be recovered for the use of the Town. The Town shall also recover any fee that would have been assessed if a proper and timely permit had been granted.
01:10:10 Item# 94-2013 Proposed
Assigned Fund Balances
|
General Fund Assigned Fund Balances |
|
|
| 1102016 |
Records Preservation |
$4,577 |
|
| 1202011 |
App Geo Implementation |
$11,000 |
|
| 2104002 |
Police Department Donations |
$8,186 |
|
| 7154052 |
Library Project |
$101,707 |
From 7154052 and 5104001 |
| 5205053 |
Family Fun Day |
$6,921 |
|
| 6452019 |
Fort Williams Park Tree Planting |
$11,043 |
|
| 7154004 |
Police Cruiser Replacement |
$58,424 |
|
| 7154009 |
Roadway and Drainage Repairs |
$107,000 |
Re: Shore Rd Sidewalk |
| 7154009 |
Roadway and Drainage Repairs |
$125,000 |
Other |
| 7154013 |
Sidewalk Improvements |
$20,518 |
|
| 7154111 |
Town Hall Meeting Spaces/Office Spaces Plan |
$25,000 |
|
| 7154114 |
Election Equipment |
$16,000 |
|
| 7254227 |
Fuel Donation Account |
$5,376 |
|
|
Budgeted Use of Undesignated Surplus |
$350,000 |
|
|
|
$850,752 |
|
|
|
|
|
|
Sewer Fund Assigned Fund Balance |
|
|
| 8154017 |
Charles Road Reconstruction Project |
6/30/2013 Balance |
|
|
|
|
|
|
Infrastructure Fund Assigned Fund Balance |
|
|
| 7504008 |
Trout Brook |
$25,000 |
|
| 7504015 |
Charles Road Reconstruction Project |
6/30/2013 Balance |
|
01:16:51 Item# 95-2013 Cape Elizabeth’s Anniversary of its Incorporation
Cape Elizabeth was incorporated by the General Court of Massachusetts on November 1, 1765. The year 2015 is the 250th anniversary of our establishment as a separate community from Falmouth which was the name of the region that includes what is now Portland, South Portland, Falmouth, part of Westbrook and Cape Elizabeth. In 1895, the City of South Portland was incorporated and the remaining section of what was Cape Elizabeth from 1765 to 1895 retained the name “Cape Elizabeth.” The Cape Elizabeth Historical Preservation Society has provided some
suggestions for commemorating the 250th anniversary. One suggestion is to establish a volunteer citizen committee to provide leadership in planning events for 2015.
The following committee is proposed:
Cape Elizabeth 250th Anniversary Committee
The Cape Elizabeth Town Council is forming the Cape Elizabeth 250th Anniversary Committee which is to be a temporary advisory ad hoc committee to serve until December 31, 2015.
Committee Purpose/ Guidance to the Committee
The purpose of the committee is to provide leadership in celebrating the 250th anniversary of the incorporation of Cape Elizabeth.
- The charge is written broadly in order to provide independence to the committee in their review and in their deliberations.
- The committee shall submit updated reports to the town council in six month intervals and/or as permissions or funding is sought.
Committee Membership
The Cape Elizabeth 250th Anniversary Committee will consist of nine persons. The town council, following a recommendation from the appointments committee, will appoint nine citizens. The committee may form subcommittees and recruit citizens to join the subcommittees who are not members of the full committee. Any citizen wishing to serve on the full committee may apply on-line at
www.capeelizabeth.com or may receive an application from the town office at 799-7665.
Committee Budget
There is no budget provided at the outset for the committee. If the committee identifies needed resources, the town manager shall forward any financial request to the town council.
01:19:00 Item# 96-2013 Update on State Budget Scenario
The latest information from Augusta is that Cape Elizabeth will likely see a $350,000 cut in Maine State Revenue Sharing from $640,000 to approximately $290,000. We have also heard the possibility of full funding of the homestead exemption program instead of the half which is now in our budget. This would be a savings of $149,000. The net effect is a net loss of $ 201,000. Current law provides that revenue sharing is to be used solely for property tax relief so increases up or down go to the bottom line of the tax rate. The municipal budget is now adopted and may not be amended after May 31. However, the tax commitment is not finalized until August. The net effect of the now anticipated legislative actions equates to 10 cents on the tax rate which would result in the assessor setting a tax rate of $ 16.50 per thousand valuation. It is proposed that the budget itself remain as adopted due to the charter deadline and the actual tax rate be set by the assessor based on the net changes in revenue sharing and in homestead exemption reimbursement. Again, this is an anticipated tax rate of $16.50 per thousand compared to the current year rate of $15.84.
01:26:39 Citizen Opportunity for Discussion of Items Not on the Agenda
01:26:53 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.