Cape Elizabeth Town Council Agenda
Monday, July 11, 2016
7:00 p.m.
Cape Elizabeth Town Hall
Molly MacAuslan, Chair
James M. “Jamie” Garvin
Patricia K. Grennon
Caitlin R. Jordan
Sara W. Lennon
Katharine N. Ray
Jessica L. Sullivan
AGENDA
00:02 Convening by Town Council Chair Molly MacAuslan
00:09 Roll Call by the Town Clerk
00:46 Town Council Reports and Correspondence
01:24 Finance Committee Report: Link to
Monthly Financial Report
04:06 Citizen Opportunity for Discussion of Items Not on the Agenda
04:19 Town Manager’s Monthly Report
04:52 Review of Draft Minutes of
June 13, 2016 meeting.
05:29 Public Hearing regarding Proposed Changes to Board and Commissions
15:55 Item #95-2016
Proposed Changes to Ordinances Regarding Boards and Commissions
The town council received a proposal from the Ordinance Committee
recommending the adoption of a new Chapter 4 of the Revised Code of Ordinances, amendments to the
Shooting Range Ordinance and to the
Conservation Ordinance
It is recommended to repeal the current Chapter 4 of the Revised Code of Ordinances and replace it with the new Chapter 4 recommended by the Ordinance Committee and to adopt the proposed changes to Chapter 24 (the Shooting Range Ordinance) and to adopt the proposed changes to Chapter 18. (the Conservation Ordinance)
41:59 Item #96-2016
Proposed Technical Amendments
The planning board has
recommended proposed technical amendments to the Revised Code of Ordinances including Chapter 16 which is the Subdivision Ordinance, Chapter 18 which is the Conservation Ordinance and Chapter 19 which is the Zoning Ordinance. The board has also recommended a new Chapter 25 which is a proposed Storm water Ordinance. It is recommended to refer the planning board proposals to the ordinance committee for review and for a recommendation back to the council.
44:21 Item #97-2016
Pickle ball and Tennis
The ad hoc committee which reviewed options for pickle ball and its compatibility with tennis courts has made the following recommendation:
In the end it was agreed that the following recommendation would be made to the Town Council for a short-term solution.
- The lower courts at Fort Williams will be reserved primarily for tennis M/W/F until 11 am.
- The lower courts at Fort Williams will be reserved primarily for pickle ball Tu/Th until 11 am
- That signage will be added to the courts to convey the above expectations
- That when the lower courts get repainted this summer that the pickle ball lines be placed on the tennis court with such a color to help minimize confusion (see USTA suggestion of similar color to court only shaded)
In addition, the following is being suggested as a long-term solution.
- Rehab the existing basketball court near the upper tennis court. This would mean enlarging the fence area around both courts and creating a new tennis court in place of the old basketball court and lining the new court for pickle ball. This would in essence create 4 multi-use courts (4 tennis, 8 pickle ball).
47:52 Item #98-2016
Cape Elizabeth Land Trust request for Donation to Assist in Purchase of Glew Property near Jewett Road
The Cape Elizabeth Land Trust has asked for a donation to assist with their purchase of the Glew property which is a 22.8 acre parcel abutting town easements near Great Pond and the Jewett Road neighborhood.
Link to Survey The Conservation Commission is recommending a $75,000 donation from the Land Acquisition Fund and certain other
provisions. The town council last month conditionally approved a $75,000 donation to the Cape Elizabeth Land Trust from the Land Acquisition Fund pending the outcome of negotiations between the Land Trust and the Town with the town attorney representing the town in said negotiations. At the time of the preparation of this agenda, CELT has not provided a document that provides enforceable conservation protections or guarantees public access. The town attorney is continuing to represent the town in the negotiation.
01:57:44 Item #99-2016 Thomas Memorial Library
Operational Procedures Amendment Process
To: Cape Elizabeth Town Council
From: Michael K. McGovern, Town Manager
Re: Library Administration
Date: June 22, 2016
In recent months, the town council has received a number of proposals from the trustees of the Thomas Memorial Library relating to issues such as pamphlet racks, procedures in the gaming room and activities in the community room. While they are labeled as “policies”, these proposed rules and regulations deal with the day to day administration of the library.
I recently reviewed the charter and our ordinances hoping to find some clarification on whether or not we are following the correct procedures by having these go directly to the town council. This was in part due to a concern I had that there was no consultation with me on any of the proposals and it seemed that the trustees were under the impression that they should be forwarded directly to the council chair for placement on the agenda. It also seemed to me that the council was dealing with administrative matters.
The town charter provides that the town manager is responsible for the administration of all departments.
The town manager shall be the administrative head of the town and shall be responsible to the council for the administration of all departments assigned to him or her.
The administrative code adopted by the council has the following language:
Department heads may prescribe departmental regulations subject to the approval of the Town Manager not inconsistent with law, the Town Charter, and other ordinances and regulations of the Town Council, for the administration of their various departments, conduct of their employees, and the proper performance of the department's business.
It is my recommendation that we should return the administration of the library to the intent of the charter and the administrative code and proposals involving departmental regulations and the proper performance of the department’s business should be considered as outlined in the administrative code. Specifically, the department head should have the ability to prescribe departmental regulations subject to the approval of the town manager. The library trustees’ advice should also be sought on any proposed amendments to the library procedures manual prior to the amendments being submitted to the town manager.
02:04:28 and
02:08:24 Item #100-2016
Pole Location Approval Process
To: Cape Elizabeth Town Council
From: Michael K. McGovern, Town Manager
Re: Pole Locations
Date: June 22, 2016
On May 27th, Fairpoint processed an application for a pole location on Shore Road. We received the application on June 10th. It is being considered by the town council on July 11th or more than 46 days after the local property owner applied to the utility.
The town council does not receive these often and has not turned one down in decades. It strikes me that we could provide much enhanced public service if the council utilized the provision in Maine statute to designate someone to issue the permits on behalf of the municipal officers.
Staff currently reviews the permit applications and has suggested changes in locations in a couple of instances which the utility was able to accommodate.
It is my recommendation that pursuant to 35A MRSA §2503 para 21, the town council designate the director of public works as their designee as the local licensing authority as provided for in 35A MRSA §2503 and that the council designate itself as the review board as provided for in 35A MRSA §2503 para 13 C 1,
The public works director is already designated as the person responsible for most excavations and locations in the town way.
02:06:37 Item #101-2016
Pole Location Approval Request
It is proposed the town council approve a pole location on Shore Road 550 feet southeasterly of Dyer Pond Road.
02:09:07 Item #102-2016 Proposed Carry Forward Balances
It is proposed the following carry forward balances be applied as of July 1, 2016.
|
|
2016 |
|
General Fund Assigned Fund Balances |
|
| 1102016 |
Records Preservation |
$ 4,000 |
| 1202011 |
App Geo Implementation |
$ 23,000 |
| 1202019 |
Code Enforcement Software |
$ 12,500 |
| 5205053 |
Family Fun Day |
$ 9,500 |
| 5205053 |
250th Anniversary Committee/Town Center Enhancements |
$ 10,000 |
| 6404114 |
Greenbelt Trails Maintenance |
$ 1,800 |
| 6452036 |
Fort Williams Park Stone Wall Repairs |
$ 12,000 |
| 7154004 |
Police Cruiser Replacement |
$ 20,000 |
| 7154009 |
Roadway and Drainage Repairs |
$ 325,000 |
| 7154013 |
Sidewalk Improvements |
$ 72,000 |
| 7154052 |
Original Library Building |
$ 150,000 |
| 7154111 |
Town Hall Meeting Spaces/Office Spaces Plan |
$ 125,000 |
| 7254227 |
Fuel Donation Account |
$ 4,300 |
|
Community Services Miscellaneous Supplies |
$ 15,000 |
|
PreSchool Playground Equipment Replacement |
$ 50,000 |
|
Pool Rust and Mold Stainless Steel Changeover |
$ 50,000 |
|
Winter Moth Tree Removal and Replacement |
$ 50,000 |
|
Budgeted Use of Undesignated Surplus |
$ 352,000 |
|
General Fund Total |
$ 1,286,100 |
| 755 |
Library Project |
$ 57,228 |
02:16:40 Item #103-2016
Election Clerk Appointments
Background
The municipal officers of each municipality shall appoint election clerks no later than May 1st of the even-numbered years to serve at each voting place during the time the polls are open and as counters after the polls close. Election clerks perform duties at the warden’s request including checking off voters at the incoming list, overseeing the ballot box, counting ballots, assisting the warden in monitoring petitioners and campaign activities.
Term of Office
An election clerk holds office for 2 years from the date of appointment and until a successor is appointed and qualified.
Warden
In a town, with the approval of the municipal officers, the clerk of the municipality shall appoint a warden and may appoint one or more deputy wardens to assist in the duties on election day. The warden remains at the polling place while the polls are open and during the counting of the ballots, unless a deputy warden is there to assume the duties. The warden maintains order, enforces election laws, supervises election officials, determines the location where the collection of signatures may take place and performs other duties for presiding at the polls.
Recommended Motion
The Cape Elizabeth Town Council approves the recommendation of the Town Clerk for Sharon Gower to continue as Warden and Victoria Gilman 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
Lillian Bates
Edna Chace
Janice Chapman
Margaret Davenport
Sheila Heatley
Susan Johnston
Carol Anne Jordan
Karen Kerrigan
Carol Murray
Claudia Racki
Antonietta Sweeney
Meagan Winker
Republican
Henry Adams
Scott Berry
Beverly Brooking
Kathy Cotter
Jackie Coy
Marguerite Hallowell
Debra Harney
Kathy Maxwell
James Walsh
Linda Winker
Unenrolled Voters
Kris Murray
Teresa Olsen
James Rowe
End of Items on the Agenda
02:18:50 Maine Municipal Association Officers
02:19:53 Citizens may at this point in the meeting raise any topic that is not on the agenda that pertains to Cape Elizabeth local government.
02:20:00 Adjournment