00:06 Roll Call by the Town Clerk
00:19 The Pledge of Allegiance to the Flag
00:43 Town Council Reports and Correspondence
04:56 Finance Committee Report
07:09 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. For items designated as public hearings, there is no 15 minute time limit.
07:25 Town Manager’s Monthly Report
10:40 Review of Draft Minutes of Previous Meetings
Review of Draft Minutes of September 8, 2014 Town Council Meeting
Related material for each agenda item may be found here.
'.$file.'
'; } unset($folder_array); } if (isset($file_array)) { sort ($file_array); foreach ($file_array as $file) { $path_parts = pathinfo($file); $ext = $path_parts['extension']; $ext_lower = strtolower($ext); echo '
'.$file.'
'; } unset($file_array); } ?>
'; } unset($folder_array); } if (isset($file_array)) { sort ($file_array); foreach ($file_array as $file) { $path_parts = pathinfo($file); $ext = $path_parts['extension']; $ext_lower = strtolower($ext); echo '
'.$file.''; } unset($file_array); } ?>
Procedure for Speaking on Agenda Items
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.
11:07 Public Hearing: Draft Town Center Plan
24:42 Item # 124 Town Center Plan
Draft Motion: The Cape Elizabeth Town Council hereby adopts the September 4, 2014 draft of the Cape Elizabeth Town Center Plan as a planning guide for land use in the Town Center zone.
33:50 Public Hearing: Town Center Tax Increment Financing District
34:18 Item # 125 Town Center Tax Increment Financing District Application
Draft Motion: The Cape Elizabeth Town Council hereby approves an application to the State of Maine for a tax increment financing district in the town center zone and creates said district as described in the application.
36:49 Item # 126 Report from the Ordinance Committee Regarding Roosters
Draft Motion: The Cape Elizabeth Town Council hereby sets a public hearing for Thursday, November 6, 2014 at 7:00 p.m. at the Cape Elizabeth Town Hall on a proposal from the ordinance committee to limit roosters to be kept only on lots over 40,000 square feet . Link to map showing lots under 40,000 sf.
54:22 Item # 127 Fort Williams Park Use Request
The 250th Anniversary Committee in partnership with the Cape Elizabeth Charitable Foundation is requesting permission to utilize Fort Williams Park for a concert by the Portland Symphony Orchestra on July 25, 2015 with a rain date of July 26, 2015. The Fort Williams Advisory Commission has endorsed this proposal. Draft Motion: the Cape Elizabeth Town Council hereby approves the use of Fort Williams Park for a concert by the Portland Symphony Orchestra in July 2015 per the September 23, 2014 proposal from the 250th Anniversary Committee and as this is a town sponsored event waives all fees for use of the park.
57:54 Item # 128 Cottage Brook Subdivision Acceptance of Open Space, Conservation Easement and Public Roads Link to Copies of Deeds and Background Information
Draft Motion: The Cape Elizabeth Town Council hereby accepts from Spurwink Woods, LLC a certain tract or parcel of land situated in the Town of Cape Elizabeth, County of Cumberland, and State of Maine, described as follows:
All of that portion of the road generally known as “South Street”, including roads known as “Franklin Circle” and “Chicory Way”, and also including the associated real estate located within the boundaries for such roadways as shown generally within the phase lines of Phase 2 and 3 (collectively the “South Street Parcel”) on a certain plan entitled “Cottage Brook, Cape Elizabeth, Maine, Amended Subdivision Plat Plan (Sheet No. 1)”, dated November 16, 2010, and recorded in Cumberland County Registry of Deeds in Plan Book 210, Page 414, as the same maybe further amended (the “Plan”), and which South Street Parcel is further identified and described as follows: (i) extending from the Northerly terminus of said South Street Parcel adjacent to Lot 5 as shown on the Plan and generally continuing Southerly and terminating at the phase line across South Street situated between Phases 3 and 4, which line and terminus is more particularly described as follows: Commencing at a point located at the Southwesterly corner of Lot 12 as shown on the Plan and extending southerly across South Street and more particularly along a course that is continued from and the same as the Westerly boundary of said Lot 12, to a point of intersection at the Southerly boundary of said South Street Parcel; and (ii) including all of the portions of the roads and associated real estate identified as “Franklin Circle” and “Chicory Way” within the bounds of said South Street Parcel as shown on the Plan.
The Cape Elizabeth Town Council hereby accepts and designates as public roads Franklin Circle, Chicory Way and the above described portion of South Street which is now designated as Aster Lane. The town council notes that the town manager has control of an escrow account for the final cost of initial paving on these roads.
The Cape Elizabeth Town Council hereby accepts from Spurwink Woods LLC
A certain tract or parcel of land situated in the Town of Cape Elizabeth, County of Cumberland, and State of Maine, described as follows:
All of that portion of the real estate identified, bounded, and described as (i) “OPEN SPACE 9.90 AC.” and (ii) “OPEN SPACE 41,754 SF (.96 AC)” ((i) and (ii) collectively the “Open Space Area”) on a certain plan entitled “Cottage Brook, Cape Elizabeth, Maine, Amended Subdivision Plat Plan (Sheet No. 1)”, dated November 16, 2010, and recorded in Cumberland County Registry of Deeds in Plan Book 210, Page 414, as the same maybe further amended (the “Plan”).
The above Open Space Area is conveyed subject to all matters disclosed on said Plan, and subject to the terms and conditions of a certain Deed of Conservation Easement from the within Grantor to the within Grantee dated on near or even date herewith, to be recorded prior hereto in the Cumberland County Registry of Deeds.
Meaning and intending to convey all right, title, and interest of the Grantor to such Open Space Area as shown on the Plan.
The Cape Elizabeth Town Council hereby accepts the provisions of a conservation easement on such open space as follows:
DEED OF CONSERVATION EASEMENT
(Cottage Brook, Cape Elizabeth, Maine)
This Deed of Conservation Easement is made this __ day of _______, 20__ by Spurwink Woods, LLC a Maine limited liability company with a mailing address of 241 Ocean House Road, Cape Elizabeth, Maine 04107 (hereinafter “Grantor”), in favor of Town of Cape Elizabeth, a Maine municipal corporation having a mailing address of P.O. Box 6260, Cape Elizabeth, Maine 04107 (hereinafter "Holder").
WHEREAS this Deed of Conservation Easement is created pursuant to Title 33, Maine Revised Statutes, Sections 476 through 479-B, inclusive, as amended, and pursuant to Section 19-7-2 (D)(2), Common Open Space, of the Zoning Ordinance of the Town of Cape Elizabeth (the “Zoning Ordinance”);
WHEREAS the Grantor holds title to certain real property situated in Cape Elizabeth, Maine (hereinafter referred to as the “Protected Property") and being all and the same premises identified as "OPEN SPACE 9.90 AC.” on a plan entitled “Cottage Brook, Cape Elizabeth, Maine, Amended Subdivision Plat Plan (Sheet No. 1)”, dated November 16, 2010, and recorded in Cumberland County Registry of Deeds in Plan Book 210, Page 414, as the same maybe further amended (the “Plan”); and
WHEREAS the Protected Property remains in a substantially undisturbed natural state and has significant aesthetic and ecological value, in particular, a significant wildlife habitat and an ecologically diverse area along the stream which traverses the premises; and
WHEREAS the Grantor and the Holder recognizing the value of the Protected Property as described above, have the common purpose of conserving the natural values of the Protected Property by the conveyance of a Conservation Easement over the Protected Property, which easement shall benefit, protect, and conserve the natural value of the protected Property, conserve and protect the indigenous animal and plant populations, and prevent the use or development of the Protected Property for any purpose of in any manner that would conflict with its natural scenic condition; and
NOW, THEREFORE, in consideration of the foregoing and the covenants, terms, conditions, and restrictions herein contained, the Grantor hereby GRANTS to the Holder, its successors and assigns, as an absolute and unconditional gift, forever and in perpetuity, with Warranty Covenants, a Conservation Easement in gross over the Protected Property as set forth herein and the rights of enforcement hereunder (the "Conservation Easement"), TO HAVE AND TO HOLD said Conservation Easement unto the said Holder and its successors and assigns forever.
I. Purpose OF EASEMENT
Section 1. Purpose. It is the purpose of the Easement to assure that the Protected Property will be retained forever in its natural undeveloped condition as open space and to prevent any use of the Protected Property that will significantly impair or interfere with the conservation values of the Protected Property, Grantor intends that this Easement will confine the use of the Protected Property to such activities as are consistent with the purpose of this Easement.
II. USE OF THE PROPERTY
Section 2.1. Permitted Uses. The Protected Property shall be used only for conservation and low-impact outdoor recreation and educational activities by the general public that do not result in substantial alteration to the natural resources of the Protected Area. Low-impact outdoor recreation activities include, but are not limited to, nature study, picnicking, hiking, snowshoeing, pet walking, plant study, bird-watching, and, on designated trails as shown on the Plan, bicycling, horseback riding, and cross country skiing (collectively the “Permitted Uses”).
Section 2.2. Restricted Uses. As described below, the following uses are restricted or prohibited on the Protected Property (collectively the “Restricted Uses”):
(a) Commercial and Mining Activities. No commercial, industrial, quarrying or mining activities shall be permitted in the Protected Property.
(b) Vehicles. No motor vehicles of any kind, including recreational vehicles, all-terrain vehicles, motorcycles, dirt bikes, and snowmobiles shall be permitted on the Protected Property, except for the following: (i) in emergency and when necessary to accomplish the rights reserved by Grantor and Holder, their successors and assigns; and (ii) municipal Public Works vehicles shall be allowed on the trails located within the Protected Property, for the purpose of maintenance and repair of the trails and any related Trail Improvements.
(c) Structures and Improvements. No structures or improvements of any kind whatsoever shall be constructed on the Protected Property, except a walking path, boardwalks, or paths as designated on the Plan that are designed in keeping with the natural scenic quality of the Protected Property, and except as provided in Section 4.2 or otherwise as described herein.
(d) Surface Alteration. No filling, paving, dumping, excavation, or other alteration shall be made to the surface of the Protected Property other than the following: (i) alterations caused by the forces of nature; (ii) the surfacing of trails as provided herein with crushed stone, cinder, or other non-bituminous materials; and (iii) as otherwise provided in Section 4.2 or described herein. No vehicles may be stored on the property except that temporary storage of vehicles as may be required for permitted conservation or forest management activities on the protected Property shall be permitted. No dumping, storage or burial of refuse, soils, salt, sand or gravel or any waste materials is permitted on the Protected Property.
(e) General. Any activity on or use of the Protected Property inconsistent with the purposes of this Easement is prohibited.
(f) Changes of Use or Management. Pursuant to Section 19-7-2 (D)(2)(c) of the Zoning Ordinance, no changes in the use or management of the Protected Property as described herein shall be allowed without the approval of the Planning Board of the Town of Cape Elizabeth.
III. RIGHTS OF THE HOLDER
Section 3. Affirmative Rights of Holder. To accomplish the purposes of this Easement the following affirmative rights are conveyed to Holder by this easement:
(a) Protection. The right to preserve and protect the conservation values of the Protected Property.
(b) Right of Entry. Holder is granted the right to enter the Protected Property at any time for the purposes of monitoring the conditions and terms of this Conservation Easement, to undertake ecological or other studies of the Protected Property, and to exercise any other affirmative right hereunder, provided that the time and manner of such entry does not unreasonably interfere with the uses of the Property permitted hereunder or the quiet enjoyment of other lands of Grantor.
(c) Prevention and Restoration. The right to prevent any activity on or use of the Protected Property that is inconsistent with the purpose of this Easement and to require the restoration of such areas or features of the Protected Property that may be damaged by any inconsistent activity or use, pursuant to Paragraph 6.
(d) Enforcement. Holder is granted the right to enforce this Conservation Easement at law or in equity, including the right to require restoration in the event of a breach, provided, however, that naturally occurring changes or changes due to trespass or vandalism by individual members of the public shall not give rise to any right in the Holder to require restoration.
(e) Signage and Markers. Holder is authorized to install small, unlighted informational signs that identify Holder's contributions to and interests in the Protected Property, which mark the boundary of the Protected Property, which enhance public use of and appreciation of the Protected Property, and which promote appreciation of plant or animal life; such minor signage to be completed in a manner consistent with the goals of this Easement.
IV. RESERVED RIGHTS
Section 4.1. General Rights Reserved by Grantor. Grantor reserves to itself and to its representatives, successors, and assigns, all rights accruing from Grantor’s ownership of the Protected Property, including the right to engage in, or permit or invite others to engage in, all uses of the Protected Property that are not expressly prohibited herein and are not inconsistent with the purpose of this Easement. Without limiting the generality of the foregoing, the following rights are expressly reserved:
(a) All Permitted Uses. The right of the Grantor, and Grantor’s successors and assigns, and their guests, employees, and invitees, to use the Protected Property for any of the above Permitted Uses, or any other use that is not expressly prohibited above or destructive to the natural values to be conserved herein. Except as provided in Section 6.2, the Property shall not be transferred or conveyed to any other party without the written consent of the within Grantor and said Grantor’s successors and assigns.
Section 4.2. Structures and Improvements. Grantor reserves the right for itself, and Grantor’s successors and assigns, to locate minor structures or improvements within the Protected Property that enhance the opportunity for low-impact outdoor recreation. Such minor structures include all of the trails and related improvements shown on the Plan (the “Trail Improvements”), and specifically may include, but are not limited to the following:
(a) Signage. Small unlighted informational and interpretive signs including commemorative plaques and monuments, and trail markers.
(b) Trail Improvements. Trail improvements such as steps, trail bridges, boardwalks, culverts and water bars, and similar improvements designed to prevent soil erosion. Additionally, trails may be surfaced with crushed stone, cinder, or other non-bituminous materials.
(c) Barriers. Barriers, low fences and rock walls to protect fragile areas or endangered species, important natural resources, ongoing environmental or archeological research, to assist with vegetation management or fire protection, or to block or discourage access by motorized vehicles.
Section 4.3. Liability of Grantor and Holder. Grantor and Holder each reserve the rights and protections against liability for injury to any person to the fullest extent of the law under the Recreational and Harvesting Use Liability Limitations set forth in Title 14 M.R.S.A. § 159-A, et seq. as amended, and successor provisions thereto, pursuant to the Maine Tort Claims Act, Title 14 M.R.S.A. § 8101, et seq., as amended and successor provisions thereto, and pursuant to any and all other applicable provisions of state and federal law.
V. CUTTING OF TIMBER AND VEGETATION
Section 5. Cutting of Timber and Vegetation Prohibited. The destruction, cutting, or removal of standing timber, plants, shrubs, or other vegetation shall not be permitted, except however, there are retained in the Grantor and Grantor’s successor and assigns the following rights:
(a) Clearing and Restoration. The right to clear and restore forest cover and other vegetation that is damaged or destroyed by the forces of nature, such as fire or disease, and when necessary to prevent the spread of disease.
(b) Emergency. The right to clear and restore forest cover and other vegetation, in the event of an emergency, when necessary to prevent the spread of fire.
(c) Fallen or Dead Wood. The right to gather, use, or remove fallen dead wood.
(d) Selective Timber Harvesting. The right to selectively cut or harvest standing timber, provided that such right is exercised in accordance with sound forestry and wildlife management practices and a timber harvesting plan is reviewed and approved by the Holder prior to the exercise of such right.
(e) Tail Maintenance. The right to cut and remove timber and other vegetation for the maintenance of trails and related Trail Improvements on the Protected Property.
VI. OBLIGATIONS OF GRANTOR AND HOLDER, TRANSFER OF PROPERTY
Section 6.1 Obligations of Grantor and Holder. The Grantor and Grantor’s successors and assigns agree to bear all costs and responsibility of operation, upkeep, and maintenance of the Protected Property that is either performed or expressly required by Grantor hereunder, and to pay any and all real property taxes and assessments levied by competent authority on the Protected Property and does hereby relieve, indemnify, and hold harmless the Holder therefrom. Holder shall indemnify and hold harmless the Grantor against any actions, claims or damages incurred or suffered by Grantor which arise from the gross negligence of Holder in connection with the exercise of any affirmative rights held by Holder hereunder.
Section 6.2 Transfer of Property to Town. Upon completion of the Trail Improvements by Grantor, Grantor shall convey the Property to the Town of Cape Elizabeth (the “Town”) and the Town shall accept such conveyance, by Quitclaim (Release) Deed, and upon such conveyance the obligations and responsibilities of Grantor with respect to the Property hereunder shall cease and terminate (herein the “Town Conveyance”).
Section 6.3. Rights after Town Conveyance. Upon such Town Conveyance, all easements, restrictions and covenants hereunder, including without limitation the covenants herein relating to Permitted Uses and Restricted Uses, shall continue in perpetuity and shall run with the land, and the Town shall have and shall assume all the rights and obligations of Grantor hereunder.
VII. GENERAL PROVISIONS
Section 7.1. Headings. The headings used in this Easement are inserted solely as a matter of convenience shall not be relied upon or used in construing the effect or meaning of any of the provisions herein.
Section 7.2. Severability. The provisions of this Easement shall be deemed independent and severable, and the invalidity or unenforceability of any provision or portion thereof shall not affect the validity or enforceability of any other provision or portion hereof unless such deletions shall be contrary to the purposes of this Easement.
Section 7.3. Interpretation. The provisions of this Easement shall be liberally construed in order to effect the conservation purposes of this Easement. If uncertainty should arise in the interpretation of these restrictions, judgment should be made in favor of conserving the Protected Property in its natural open, and scenic condition. This Easement shall be governed and construed according to the laws of the State of Maine.
Section 7.4. Pronouns. Wherever used, the singular number shall include the plural, the plural the singular and the use of any gender shall include all genders.
Section 7.5. Termination of Rights and Obligations. A party's rights and obligations under this Easement terminate upon transfer of the party's interest in the Easement or Protected Property, except that liability for acts or omissions occurring prior to transfer shall survive transfer, and the rights and obligations under this Easement shall benefit and/orbe binding upon all transferee(s).
Section 7.6. Holder Acknowledgment. By acceptance of this Easement, the Holder acknowledges that Grantor has provided the Holder with sufficient information to determine the condition of the Protected Property as of the effective date hereof.
Section 7.7. Successors and Assigns. The covenants terms, conditions, and restrictions of this Easement shall be binding upon, and inure to the benefit of the parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude running in perpetuity with the Protected Property.
Section 7.8. Easement Subject to Prior Covenants and Restrictions. Notwithstanding anything herein to the contrary, this Easement is granted subject to the covenants, terms, and conditions of the permits and approvals granted by the Town of Cape Elizabeth as evidenced by the Plan, and the terms and conditions of all other easements, declarations, and encumbrances of record.
01:02:05 Item # 129 Signs on Traffic Islands
It is proposed to refer to the ordinance committee of review of policies regarding signs on traffic islands. See opinion from the town attorney.
01:02:46 Item # 130 Code of Ethics
It is proposed to adopt a proposed code of ethics for members of the town council.
01:06:06 Citizens Discussion of Items Not on the Agenda
01:06:19 Item # 123 Executive Session Request
It is requested to enter into executive session to discuss the status of collective bargaining with Local 340 of the Teamsters representing public works employees. (1 MRSA §405 6 D.)
The town council will exit executive session and may approve a new successor agreement to the current collective bargaining agreement.
Link to September 30, 2014 Financial Statements
Adjournment