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CAPE ELIZABETH TOWN COUNCIL AGENDA
Regular Meeting # 15-2013
Cape Elizabeth Town Hall
Monday, September 9, 2013
7:00 p.m.
00:34 Roll Call by the Town Clerk
00:50 The Pledge of Allegiance to the Flag
01:09 Town Council Reports and Correspondence
07:48 Finance Committee Report
09:35 Citizen Opportunity for Discussion of Items Not on the Agenda
09:51 Town Manager’s Report
17:51 Review of Draft Minutes:  August 12, 2013  
18:21 Public Hearing: Building Permit Issuance Notification Procedures
 
18:56 Item# 117-2013          Building Permit Issuance Notification Procedure   

This item may be considered for final approval after the public hearing.

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.
 
36:55 Item# 118-2013          Trout Brook Grant Application  

It is proposed to authorize the town manager to apply for a Sec 319 grant for the Trout Brook area.  

48:42 Item# 119-2013          Minor Modification to Sewer Easement Behind Rudy's  
It is recommended to authorize a minor amendment to the sewer easement behind Rudy’s.  Acceptance of the easement is conditional upon the planning board also agreeing to modify the easement area.  
51:40 Item# 120-2013          Request for Amendment Extending Use of Sandwich Board Signs  It is recommended to refer this request to the ordinance committee and to ask them to also review other business signage provisions. 
53:25 Item# 121-2013          Outdoor Shooting Ranges
 It is recommended to retain Kenneth Cole of Jensen Baird  to assist in the development of potential ordinance amendments relating to outdoor shooting ranges with a report back to the town council by December 2, 2013.
56:04 Item# 122-2013          Library Space Planning 
It is recommended the town manager be authorized to spend an amount not to exceed $20,000 to continue development of plans for space for library services.  The funds are to be expended from the previously appropriated balances in account # 7154052 entitled “library building improvements”.
01:16:39 Item# 123-2013          Solar Street Lighting Update   
One of the council goals is to review options for solar lighting for street lighting.  A summary from Chief of Police Neil Williams who oversees our street lighting program is found here.  
01:19:11 Item# 124-2013         Combined Sewer Overflow Permit Public Hearing             
It is recommended to schedule a public hearing for Monday, October 7, 2013 at 7:00 p.m. at the Cape Elizabeth Town Hall on the general permit for the combined sewer overflow near Ottawa Road at the South Portland line.  
01:21:30             Citizens Discussion of Items Not on the Agenda

01:22:03 Item# 125-2013          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.
01:22:39             Adjournment
Link to Monthly Financial Data  
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.