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Cape Elizabeth Town Council Agenda
Monday, April 14, 2014 - 7:00 p.m.
Cape Elizabeth Town Hall
Jessica L. Sullivan, Chairman
Caitlin R. Jordan
Molly MacAuslan
Katherine N. Ray
David S. Sherman, Jr.
Jamie Wagner
James T. Walsh
 
Meeting Opening by the Town Council Chairman
Roll Call by the Town Clerk
The Pledge of Allegiance to the Flag
Town Council Reports and Correspondence
Finance Committee Report
Citizen Opportunity for Discussion of Items Not on the Agenda
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 is pertinent. 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.
Town Manager’s Monthly Report
       Review of Draft Minutes of Previous Meeting    March 10, 2014
Public Hearing:  Proposed Ordinance Amendment to Ban Smoking at Fort Williams Park
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.    
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.
Item # 52: Consideration of proposed amendments to Chapter 12 of the Revised Code of Ordinances.
Article IV. Fort Williams Park Regulations.
Sec. 12-4-9 Smoking Prohibited. Smoking in the Park is prohibited.
Smoking means the lighting, inhaling, exhaling, burning or carrying of any cigar, cigarette, pipe, other tobacco product or e-cigarette, or carrying or having in one’s possession any lighted object giving off smoke from tobacco or any other substance that emits smoke that is customarily used and intended for inhalation into the lungs.
Tobacco or tobacco product means any form of tobacco, including but not limited to cigarettes, cigars, pipe tobacco, chewing tobacco or snuff, and any material or device used in the smoking, chewing or other form of tobacco consumption, including but not limited to cigarette papers or pipes.
Sec. 12-4- 9- 10 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. (Amended eff. 08/08/13)
Item # 53: Consideration of Proposed Amendments to Chapter 19 of the Revised Code of Ordinances 
Report from the Planning Board  
This item is the draft recommended by the planning board. It is recommended to refer this proposal to the ordinance committee.
Zoning Ordinance
Normal High Water Line Zoning Amendments
SEC. 19-1-3.  DEFINITIONS  
Highest Astronomical Tide:  The elevation of the highest predicted astronomical tide, referenced to Mean Lower Low Water (MLLW) at Portland Head Light tide prediction station. This prediction is based on an adjustment from the Portland tidal station. The highest astronomical tide is based on the most recent National Tidal Datum Epoch (NTDE) as determined from time to time by the National Ocean Service, an office within the U.S. Department of Commerce, National Oceanic and Atmospheric Administration.

Normal High Water Line :  Adjacent to inland waters, the normal high water line shall be t hat line which is apparent from visible markings, changes in the character of soils due to prolonged action of the water or changes in vegetation, and which distinguishes between predominantly aquatic and predominantly terrestrial land. Areas contiguous with rivers and great ponds that support non-forested wetland vegetation and hydric soils and that are at the same or lower elevation as the water level of the river or great pond during the period of normal high-water are considered part of the river or great pond. Adjacent to tidal waters, the normal high water line shall be the topographic line located at the Highest Astronomical Tide, plus three (3) vertical feet upland.
SEC. 19-6-11.  SHORELAND PERFORMANCE OVERLAY DISTRICT
A.        Purpose
In order to maintain safe and healthful conditions; to prevent and control water pollution; to protect spawning grounds of fish, aquatic life, bird and other wildlife habitat; to protect archaeological and historic resources; to protect freshwater and coastal wetlands; to control building sites, placement of structures and land uses; to conserve shore cover; to protect visual, as well as actual, points of access to inland and coastal waters; to conserve natural beauty and open space; and to anticipate and respond to the impact of development in Shoreland areas, all land use activities within the Shoreland Performance Overlay District shall conform to the applicable land use standards in Sec. 19-8-2, Shoreland Performance Standards.  This district is established in accordance with the provisions of 38 M.R.S.A. §435 et seq.
The Shoreland Performance Overlay District applies to all land within two hundred fifty (250) feet, horizontal distance, of the:
• normal high-water line of any great pond and the Spurwink River
• normal high water line of tidal waters; ;
• upland edge of a freshwater wetland and all land areas within seventy-five (75) feet, horizontal distance, of the normal high-water line of a stream.  This district also applies to any structure built on, over or abutting a dock, wharf or pier, or other structure extending, or located below the normal high-water line of a water body or within a wetland. (Effective October 15, 2009) The Town has prepared a zoning map showing the Shoreland Performance Overlay District based on the best available information at a town wide scale. The actual boundaries of this district, however, shall be determined from a field engineering determination of the topographic line as defined above
Item # 54: Segregation of Space in Police Station 
Since the police station was designed over 15 years ago, the town has regionalized dispatching and participates in a regional crime lab.  Thus, there is surplus space in the police station.  It is proposed to segregate the surplus space so that police areas remain secure and so that the surplus space may be repurposed.  The estimated cost to segregate the space, provide security improvements and to fit out an area for the police department clerk and for minimal fit out of the former police space is $37,500.  The prior estimate in the capital stewardship plan for this work was $50,000.  It is proposed to allocate $37,500 from the allocated fund balance to accomplish the segregation of space.  The separated space will be used by the Cape Elizabeth Historical Preservation Society while the library is renovated in 2015.  A determination will be made at a later date if the society and its collection and the municipal records it holds will be moved to another location after the library renovation is completed.
Item # 55: Proposed Policy for Naming of Non-school Facilities
Introduction
The Town of Cape Elizabeth though its ownership of land and buildings has opportunities to honor individuals and groups with the naming of facilities or portions thereof.  In the past, the town council or the board of selectmen has approved the following designations:

Policy for School Buildings and Grounds
In 2007, the Cape Elizabeth School Board and the Cape Elizabeth Town Council approved the following policy:
FF - Naming of School Facilities
It is appropriate from time to time to consider naming a school facility or some portion thereof to recognize an individual, group or other entity who has made significant contributions of time, talent or treasure to the Cape Elizabeth School Department.
The designation of any room or facility inside a school building shall be reviewed and approved by the School Board.
The designation of any school facility outside a school building, such as an athletic field, or an ancillary building or naming of the school itself, shall be reviewed and approved by the School Board and the Town Council. The Town Council will consider any such proposal only after an affirmative vote of the School Board.
Proposed Policy for Naming of Non-school Facilities
It is appropriate from time to time to name municipal facilities or a portion thereof for an individual, group or other entity in recognition of significant contributions of time, talent or treasure to the Town of Cape Elizabeth.
The town council shall consider such designations at a regular meeting and no plaque shall be placed or official announcement made prior to a final council vote.   The intent to consider any naming shall be listed on the council agenda issued prior to the meeting. 
If there are opportunities for the naming of portions of rooms and spaces in conjunction with the construction of a new building or new facility, or for furnishings for such buildings and /or facilities, no such opportunity shall be offered until the town council shall approve a list of naming opportunities and shall approve a minimum contribution for each naming opportunity.   In such instances that this is being done in conjunction with a town council authorized fundraising effort; the town council’s approval of the naming opportunity shall constitute the council’s final approval of the actual name.  The fundraising group may decline any contribution at its sole discretion.


Item # 56: Proposed Revisions to Fiscal Year 2014 Budget
The charter in Article V Section 6 provides that the gross appropriation for each department may not be exceeded without consent of the council. 
The budget for this year provided $57,000 for the legal and audit department with $27,000 for legal services and $30,000 for audit services.   The expenditure in the audit services line is now $25,200 and is $41,866.63 in the legal services line thus exceeding the total of $57,000 by $10,063.63.  We have three months remaining in the fiscal year.
The legal services line is over budget due to costs incurred for the attorney hired to work on the greenbelt update issue and for the attorney who assisted with the shooting range ordinance.   Other legal costs are fairly much on track with what was anticipated a year ago.
It is proposed to revise the appropriation for legal and audit services Fiscal Year 2014 from the original $57,000 to $92,000.  This $35,000 would permit pre-audit work to be done in June as in customary for $4,800, fund the current $10,066 short fall and provide $20,134 for legal costs in April, May and June.
The human services department was budgeted at $50,400.  This included $28,600 for general assistance and $21,800 for allocations to outside agencies.  The allocations to outside agencies have all been paid and the state mandated general assistance line is now $493.75 over budget.   In order to ensure that we meet our obligations between now and June 30, 2014, it is proposed to revise the human services department budget from $50,400 to $62,000.
It had been anticipated that the rescue fund would need $80,000 from the general fund this year to break even.  Instead the rescue fund without this transfer has taken in $35,462 more than has been expended. It is proposed to transfer $33,400 instead of $80,000 thus saving the general fund $46,600.   Thus, the following recommendation makes no change in the gross municipal budget.
Recommendation:
Approve the following revised appropriations to the Fiscal Year 2014 budget:
Legal and Audit Services (135):  Additional $35,000 revising the budget from $57,000 to $92,000
Human Services (410):  Additional $11,600 revising the budget from $50,400 to $62,000
Intergovernmental Assessments (710) Reduce $46,600 revising the budget from $101,598 to $54,998.
Item # 57: Appointment of Attorneys and Auditors 
Link to Report of Legal and Audit Services Review Working Group
Proposed Town Council Vote
To accept the recommendations of the external professional services study group, to affirm the continuing appointment of Thomas G. Leahy as town attorney and the firm of Monaghan Leahy LLP as the town’s primary legal service provider, to appoint Patricia M. Dunn and the firm of Jensen Baird Gardner & Henry as additional legal counsel on employment law issues, to appoint Durward W.  Parkinson and the firm of Bergen Parkinson as primary alternative counsel when Monaghan Leahy has conflicts, to affirm the continuing appointment of  Bruce A. Coggeshall  and the firm of  Pierce Atwood as bond counsel, to appoint Maurice A. Selinger, III as a continuing legal counsel on affordable housing issues  and to authorize the town council chair in consultation with the town manager to procure any other additional legal counsel needed prior to  a meeting with the understanding that any continuing appointment of any attorney serving the town shall be done by the full town council.  All appointed attorneys and legal counsel serve at the will of the town council.
To reappoint Runyon Kersteen Ouellette as town auditors for Fiscal Years 2014, 2015 and 2016 upon such terms as may be mutually agreeable.  The engagement letter for each year shall be signed by the town council chair and the town manager at amounts not to exceed budgeted amounts.  
Item # 58: Appointment to Zoning Board of Appeals  
The appointments committee is recommending the appointment of Aaron Mosher of 6 Leighton Farm Road to an unexpired term on the zoning board of appeals extending to 12/31/2015.
Item # 59: Appointments to Firing Range Committee
The town council will consider the appointment of two council members to serve on the firing range committee. The ordinance provides the committee membership will include two council members.  The appointments committee is now considering applicants to serve as public members.
Two members of the Town Council to be appointed by the Town Council, one of whom shall serve as Chair of the Firing Range Committee.   
Item # 60: Appointments of Election Clerks
The town clerk has provided recommendations  for election clerks and other election officials. 
Recommended Motion
The Cape Elizabeth Town Council confirms the nomination from the Town Clerk for David J. Backer to serve as the chairman of the registration appeals board until May 10, 2018 and until a successor is sworn.
The Cape Elizabeth Town Council approves the recommendation of the Town Clerk for Sharon Gower to continue as Warden and Jacqueline Coy and Debra Lane to serve as Deputy Wardens and until successors are sworn.
The Cape Elizabeth Town Council approves the following list of residents who may be considered to serve as election clerks for the Town of Cape Elizabeth for a period of 2 years and until successors are sworn.
Democrat
Pamela Anderson
Lillian Bates
Elizabeth Brogan
Janice Chapman
Margaret Davenport
Janet Hannigan
Christine Iyer
Carol Anne Jordan
Karen Kerrigan
Carol Murray
Claudia Racki
Linda Winker


 
Republican
Henry Adams
Scott Berry
Beverly Brooking
Deborah Bump
Marguerite Hallowell
Debra Harney
Karen Holmes
Audrey Jordan
Kathy Maxwell
Maureen McCarthy
Ed Nadeau
Ellen Nadeau
Unenrolled Voters
Kris Murray
Teresa Olsen
Item # 61: Approval of Warrant  for June 10, 2014 School Budget Vote
County of Cumberland, ss.
To Neil R. Williams, a constable of Cape Elizabeth.  You are hereby directed to notify the voters of Cape Elizabeth of the election described in the warrant.
School Budget Validation Referendum
YES     Do you favor approving the Town of Cape Elizabeth school budget for the upcoming school
NO       year that was adopted at the latest school budget meeting of the Town Council?
The following is a non-binding expression of opinion for the consideration of the School Board and Town Council.
I find the school budget adopted at the May 12, 2014 Town Council’s school budget meeting to be:
TOO HIGH
ACCEPTABLE
TOO LOW
Election to be held on Tuesday, June 10, 2014, at the Cape Elizabeth High School Gymnasium.
Polls open at 7:00 a.m. and Close at 8:00 p.m.
Absentee Ballot Processing: Absentee ballots will be processed at 9:00 a.m. Monday, June 9, 2014 in the William H. Jordan Conference Room at Town Hall.  If properly requested, inspection time is 9:00 – 10 a.m. Absentee ballots will be processed on Election Day, on the hour every hour until close, beginning at 7:00 a.m.  The Cape Elizabeth Town Democratic Committee, the Cape Elizabeth Town Republican Committee and State Green Independent Party have also been notified, in writing, of the absentee ballot process. 
The Registrar of Voters is available to accept new registrations and corrections to the voter list on Election Day at the polls and prior to Election Day at Town Hall, 320 Ocean House Road.  Town Hall is open Mondays 7:30 a.m. - 5:00 p.m. and Tuesday - Friday, 7:30 a.m. - 4:00 p.m.  Proof of residency and identity is required.
Item # 62: Amendment to the Personnel Code
The following amendment is recommended for adoption to transition the wellness provision of the Personnel Code so that non-union staff has the same benefit as union staff and also to reflect the fact that the benefit is not offered to part time employees who do not work a regular weekly schedule.

 
The Town shall provide up to $150.00  $270.00 per calendar year to reimburse any employee who works a regular schedule of at least 20 hours per week  for a fitness class, health club membership, a smoking cessation or weight loss program or for any other bona fide program leading to better fitness and health.  Reimbursement shall be upon Town receipt of a paid invoice or copy of a cancelled check. (Amended Eff 11/10/2007)
Citizens Discussion of Items Not on the Agenda
Link to Monthly Financial Information
Adjournment