CAPE ELIZABETH TOWN COUNCIL AGENDA
Regular Meeting # 12-2013
Cape Elizabeth Town Hall
Monday, July 8, 2013
7:00 p.m.
00:05 Roll Call by the Town Clerk
James T. Walsh, Chair Term Expires 12/2015 jim.walsh@capeelizabeth.org
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 12/2015 jsullivan08@maine.rr.com
James R. “Jamie” Wagner Term Expires 12/2015 jamiewagnerlaw@gmail.com
00:22 The Pledge of Allegiance to the Flag
00:40 Town Council Reports and Correspondence
01:36 Finance Committee Report
02:22 Citizen Opportunity for Discussion of Items Not on the Agenda
06:18 Town Manager’s Report
22:00 Review of Minutes
June 10, 2013
22:27 Public Hearing: Fort Williams Park Vendor Regulations
Item# 97-2013 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.
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) per day of infraction 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.
48:00 Item# 98-2013
Proposed Fort Williams Park Vending Regulations
Proposed Motion: To approve effective August 8, 2013, the Fort Williams Park vending rules and regulations recommended by the Fort Williams Advisory Commission.
01:06:36 Item# 99-2013 Good Table Annual Licenses
Application
Proposed Motion: To approve the annual malt, vinous, and spirituous license for the Good Table Restaurant at 527 Ocean House Road
01:07:17 Item# 100-2013 Library Policy Updates
The Trustees of the Thomas Memorial Library are asking for approval of updates to the
Displays and Exhibits Policy and the
Public Relations Policy .
01:08:23 Item# 101-2013 Purchase of Remainder of Loveitt Heirs Parcel
If approved, the town would own 100% of this 18 acre parcel.
Proposed Motion: To accept the offer of Phillip Clifford, Sr. and Susan Clifford to sell their estimated 3/112ths fractional interest in the so-called Loveitt heirs’ parcel, an approximately 18 acre parcel behind the Sherwood Forest neighborhood, to the Town in consideration of $8,000 and the Town’s placement and maintenance of a permanent sign explaining the history of the Loveitt parcel; to utilize funds in the Town’s land acquisition fund for such acquisition and to authorize the Town Manager to execute any documents which may be required to complete such acquisition.
Description:
A certain lot or parcel of land situated in the Town of Cape Elizabeth, County of Cumberland and State of Maine, bounded and described as follows:
A certain 18 acre woodlot, so called, entitled “Undivided” as described in the Plan of one Thrasher dividing land among the heirs of Jedediah Loveitt, recorded in the Cumberland County Registry of Deeds on November 16, 1876, in Plan Book 4, Page 7, to which plan reference is hereby made for a complete description of the premises; said premises being bounded on the north by land formerly of John Frederick Loveitt, et als; on the east by land formerly of Thompson; on the south and west by land formerly of George Allen, all as shown on said Plan.
There is also conveyed herewith all rights of the Grantor, if any, in any rights of way or easements connecting the above described premises to any public ways in the Town of Cape Elizabeth whether such rights or way or easements have been acquired by grant, prescription, necessity or otherwise; also including any other rights in easements, rights of way or appurtenances belonging to or appurtenant to the above described premises.
01:11:27 Item# 101-2013 Effect of State Budget Adoption
The Maine Legislature adopted the state budget for FY 2014 in late June. The amounts we will receive differ substantially from the budgets adopted in May. Maine State Revenue Sharing will provide $451,764 in revenue which is $188,236 less than budgeted and $451,764 more than proposed in the original state budget. The cost of the homestead exemption program will be $195,242 or $46,242 more than budgeted.
The most significant change is that the state school subsidy will be $2,620,194 or $427,691 more than budgeted. The original budget vote contained the following paragraph:
#7 VOTED: Additional Unanticipated State School Subsidy. That the town of Cape Elizabeth will reduce the additional local appropriation raised pursuant to Maine Revised Statutes, Title 20-A, §15690(3) for public schooling by the amount of any unanticipated state general purpose aid received for the fiscal year beginning July 1, 2013 and ending June 30, 2014.
Therefore, it is necessary to update the numbers adopted in the FY 2014 budget.
|
FY 2013 |
FY 2014 |
FY 2014 |
$ Change |
% Change |
|
BUDGET |
As Adopted |
Apparent |
FY 13 to FY 14 |
FY 13 to FY 14 |
| EXPENDITURES |
|
|
|
|
|
| TOWN SERVICES |
$8,865,608 |
$9,032,363 |
$9,032,363 |
$166,755 |
1.90% |
| COUNTY ASSESSMENT |
$998,136 |
$1,061,728 |
$1,061,728 |
$63,592 |
6.40% |
| SCHOOL DEPARTMENT |
$21,765,817 |
$22,528,078 |
$22,528,078 |
$762,261 |
3.50% |
| COMMUNITY SERVICES |
$437,006 |
$447,000 |
$447,000 |
$9,994 |
2.30% |
| Local Homestead Exemption |
$149,000 |
$157,000 |
$195,242 |
$46,242 |
31.00% |
|
$32,215,567 |
$33,226,169 |
$33,264,411 |
$1,048,844 |
3.30% |
|
|
|
|
|
|
| REVENUE |
|
|
|
|
|
| TOWN SERVICES |
$3,306,400 |
$3,398,500 |
$3,210,264 |
-$96,136 |
-2.90% |
| SCHOOL DEPARTMENT |
$2,842,679 |
$2,820,506 |
$3,248,197 |
$405,518 |
14.30% |
| TOTAL |
$6,149,079 |
$6,219,006 |
$6,458,461 |
$309,382 |
5.00% |
|
|
|
|
|
|
| NET TO TAXES |
|
|
|
|
|
| TOWN SERVICES |
$5,559,208 |
$5,633,863 |
$5,822,099 |
$262,891 |
4.70% |
| COUNTY ASSESSMENT |
$998,136 |
$1,061,728 |
$1,061,728 |
$63,592 |
6.40% |
| SCHOOL DEPARTMENT |
$18,923,138 |
$19,707,572 |
$19,279,881 |
$356,743 |
1.90% |
| COMMUNITY SERVICES |
$437,006 |
$447,000 |
$447,000 |
$9,994 |
2.30% |
| Local Homestead Exemption |
$149,000 |
$157,000 |
$195,242 |
$46,242 |
31.00% |
| State Budget Change |
|
|
|
|
|
| TOTAL |
$26,066,488 |
$27,007,163 |
$26,805,950 |
$739,462 |
2.80% |
|
|
|
|
|
|
| TAX RATES (Rounded to nearest ¢) |
|
|
|
|
|
| TOWN SERVICES |
3.37 |
3.43 |
3.54 |
0.17 |
5.00% |
| COUNTY ASSESSMENT |
0.61 |
0.65 |
0.65 |
0.04 |
6.60% |
| SCHOOL DEPARTMENT |
11.5 |
11.96 |
11.7 |
0.2 |
1.70% |
| COMMUNITY SERVICES |
0.27 |
0.27 |
0.27 |
|
0.00% |
| SUBTOTAL |
|
|
|
|
|
| Local Homestead Exemption |
0.09 |
0.09 |
0.12 |
0.03 |
33.30% |
| TOTAL |
15.84 |
16.4 |
16.28 |
0.44 |
2.80% |
|
|
|
|
|
|
| TAX RATE VALUATION BASIS |
$1,645,700,000 |
$1,648,500,000 |
$1,648,500,000 |
$2,800,000 |
0.20% |
It is recommended to re-state the budget adopted in May to conform to the state budget adopted in late June.
Ordered, the Cape Elizabeth Town Council, having held a public hearing on Monday, April 29, 2013, and having received revised estimates following the adoption of a state budget, does hereby re-state and approve adopt the General Fund Budget for Fiscal Year 2014 with gross expenditures of $33,226,169, $ 33,264,411 and gross revenues of $6,219,006 $6,458,461 and with the amount of $27,007,163 $ 26,805,950 to be raised from taxation, and to fix Tuesday, October 1, 2013, and Tuesday, April 1, 2014, as the dates upon each of which one-half of such tax is due and payable, with interest to accrue upon taxes due and unpaid after each such date at the rate of seven percent (7.00%) per annum. In accordance with 36 M.R.S.A. Section 506, the Tax Collector and Town Treasurer are authorized to accept prepayment or decline prepayment of taxes not yet committed or prior to any due date and pay no interest thereon. In accordance with 36 M.R.S.A. Section 506-A, a taxpayer who pays an amount accepted by the tax collector and town treasurer in excess of that finally assessed shall be repaid the amount of overpayment plus interest from the date of overpayment at the minimum annual rate per annum set by the State of Maine.
If the State of Maine shall during FY 2014 curtail or otherwise reduce the state school subsidy from the estimated $2,620,194, the town shall provide an amount equal to the amount curtailed or reduced from the unassigned fund balance to the Cape Elizabeth School Department so that the authorized expenditure amount is unchanged.
This restated budget approval reflects three revised estimates:
State School Subsidy from $2,192,506 to $2,620,194.
Maine State Revenue Sharing from $640,000 to $451,764.
Homestead Exemption local cost from $157,000 to $195,242
The changes have the effect of lowering the proposed tax rate from $16.40 per thousand valuation to $16.28 per thousand valuation.
01:17:59 Citizen Opportunity for Discussion of Items Not on the Agenda
01:18:12 Adjournment
Following the adjournment, the town council will meet in a brief workshop to discuss
properties that have been foreclosed upon in the last few years.
The Board of the Museum at Portland Head Light will also meet.
Their
agenda and
related materials and
additional information are available at the links.
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.
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