CAPE ELIZABETH TOWN COUNCIL AGENDA
Regular Meeting # 14-2013
Cape Elizabeth Town Hall
Monday, August 12, 2013
7:00 p.m.
00:08 Roll Call by the Town Clerk
00:34 The Pledge of Allegiance to the Flag
00:56 Town Council Reports and Correspondence
07:57 Finance Committee Report
08:27 Citizen Opportunity for Discussion of Items Not on the Agenda
08:41 Town Manager’s
Report
17:38 Review of Draft Minutes:
July 8, 2013 and
July 30, 2013
18:59 Item# 104-2013
Ocean House Pizza Malt and Vinous Renewal Application
Draft Motion: The town council hereby approves the renewal malt and vinous license for C.A.G. Pizza, Inc. dba Ocean House Pizza at 337 Ocean House Road.
19:50 Item# 98-2013
Proposed Vending Regulations for Fort Williams Park
The town council will review proposed rules and regulations for the vending of expressive matter at Fort Williams Park. The
draft at this link is as of July 31, 2013.
Item # 98 was tabled on July 8, 2013 and a motion to remove from the table would be in order
50:07 Item# 105-2013
Building Permit Issuance Notification Procedure
It is recommended to set a public hearing for Monday, September 9, 2013 at 7:00 p.m. at Cape Elizabeth Town Hall on a proposed amendment to the Zoning Ordinance regarding the procedure for notifying neighbors of the issuance of certain building permits. The proposed amendments are to Sec 19-3-3 D.
D. Action on Applications
1. Within seven (7) working days of the filing of an application for a Building Permit involving a single family residence or fifteen (15) working days for permits involving other uses, the Code Enforcement Officer shall approve, deny, or refer such application to the appropriate body. The decision of the Code Enforcement Officer shall be in writing citing the provisions of the Ordinance that apply and communicated directly to the applicant. One copy of the decision shall be filed in the Code Enforcement Officer’s office. If the proposed activity requires site plan review in accordance with Article IX, Site Plan Review, the Code Enforcement Officer shall refer the applicant to the Town Planner. If a Conditional Use permit is required, the Code Enforcement Officer shall refer the applicant to the Zoning Board of Appeals and provide a copy of the decision to the Board.
2. A public notice shall be mailed upon issuance of any building permit that includes any of the following items. A public notice shall not be required if the building permit is for construction pursuant to a Planning Board or Zoning Board of Appeals approval.
a. Any expansion of a structure or new structure located within ten (10) feet of the minimum setback; and
b. Any expansion of a structure or new structure within 125’ of the normal high water line;
3. When notice to abutters is required, the Code Enforcement Officer shall cause notice to be given by mail to the owners, as currently listed by the Town Tax Assessor, of all properties within 50’ of the proposed project property line boundary within five (5) days of building permit issuance. Such notice shall include the address and map-lot number where the construction authorized by the building permit is located, a general description of the proposed construction, the setback of the construction from the nearest property line, the appeal period, and instructions on how to obtain additional information regarding the building permit. The Code Enforcement Officer shall also keep a public notice record that includes the notice and a list of the mailing addresses used.
51:32 Item# 106-2013
Request to Permit 100 Seats in Restaurants in the BA Zone
The town council has received a request from the Good Table Restaurant to permit restaurants in the BA Zone to have 100 seats. Sec 19-6-5. D.1.g currently states that restaurants are limited to no more than 80 seats in the BA zone. As this change could only be accomplished through an amendment to the zoning ordinance, referral to the planning board would be the appropriate action if the council wishes this item to be further reviewed.
56:05 Item# 107-2013
Pavement Management Study Report
Tom Gorrill of Gorrill Palmer Consulting Engineers, Inc. will present the results of our recent pavement management study.
01:21:02 Item# 108-2013
Road Repair Priorities FY 2014-2019
Director of Public Works Bob Malley will present proposed priorities for roadway and drainage project for the current and next five fiscal years.
01:35:19 Item# 109-2013
Capital Stewardship Plan
The town manager will present the 10 year capital stewardship plan. It is recommended to acknowledge receipt of the plan.
01:47:40 Item# 110-2013
Potential Land Donation of Lot U29-31B
The conservation commission has recommended the town council accept a donation of a small lot northwesterly of Stephenson Street off Spurwink Avenue near the South Portland line. The current assessed value is $4,700.
01:49:01 Item# 111-2013 Thomas Jordan Fund
The town manager will present an overview of the finances of the Thomas Jordan Fund. As of June 30, 2013, the fund balance was $952,090. Of this amount, $549,477 was
invested through RBC Wealth Management of which $383,707 was in US equities and $89,547 in international equities. The rate of return of the RBC portfolio was 18.83% for one year and 9.64% year to date. The total 12 month investment earnings amounted to $88,240. The expenses of the Thomas Jordan Fund for the previous 12 months were $22,688. Since FY 1994, the trust has given out $412,368 in grants. The bulk of the grants have funded participation for needy families in community services programs. Information on assistance available from the trust may be found at
its website. Assistance with community services fees are handled through the community services staff. It is recommended to acknowledge receipt of the update.
01:50:42 Item# 112-2013
Pay Classification Plan 2013-2014
Pay for non-union employees is based upon a pay classification plan updated each year. The
grade level amounts are adjusted each year by the general cost of living amount provided in the approved budget. In the case of this year, the adjustment is 2%. In some years, adjustments are made for specific positions to either grade levels or to the amounts within grade levels dependent upon comparable data for other communities. The proposed pay classification plan for this year does not have any such adjustments. It is recommended the
Pay Classification Plan 2013-2014 be adopted.
01:52:16 Item# 113-2013
General Assistance Update
Each year the state asks municipalities to accept public comment and then to adopt their recommended general assistance guidelines. It is recommended to adopt the state guidelines as a local ordinance. The state requires this to be a public hearing so commenting time should be permitted beyond 15 minutes.
01:54:10 Item# 114-2013
MMA Annual Ballot
It is recommended to authorize the town clerk to cast the annual ballot for officers of the Maine Municipal Association and to approve xxxxx as the Cape Elizabeth voting delegate to the annual meeting. The x’s should be filled in with the name of a councilor planning to attend.
01:55:16 Item# 115-2013 Future Council Meetings
A preliminary schedule of council workshops and regular council meetings for 2013 was published last January. In October and November, we have holidays on the second Monday of the month and some known scheduling conflicts the following Wednesdays when the Monday meeting would usually be deferred to. The council chair and the manager have reviewed the schedule and propose that the dates originally planned as workshops in October and November be instead used for the regular council meetings and the dates that had been set aside for regular council meetings be used for workshops, All these dates should already be on councilor’s calendars. In addition to eliminating the conflicts for the regular meetings, this change also works better for keeping good spacing between the regular council meetings. The new schedule would be as follows:
- August 12, 2013 Town Council Regular Meeting
- September 5, 2013 Town Council Workshop
- September 9, 2013 Town Council Regular Meeting
- October 7, 2013 Town Council Regular Meeting
- October 16, 2013 Town Council Workshop
- November 6, 2013 Caucus of 2015 Council and Regular Town Council Meeting
- November 13, 2013 Town Council Workshop (2014 and 2015 Council Invited)
- December 2, 2013 Town Council Workshop (2015 Council)
- December 9, 2013 Town Council First Regular Meeting of 2015 Council
01:56:32 Announcement of Municipal Election Nomination Papers
01:57:34 Citizens Discussion of Items Not on the Agenda
01:57:47 Item# 116-2013 Requested Executive Session
It is recommended the council vote to enter executive session to discuss a personnel matter
in conformance with 1 MRSA §405 6 A and to review an application for a poverty abatement
in conformance with 1 MRSA §405 6 F.
Adjournment
Link to Monthly Financial Update
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.