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CAPE ELIZABETH TOWN COUNCIL AGENDA
Regular Meeting # 8-2011
Cape Elizabeth Town Hall
Monday, May 9, 2011
7:30 p.m.
Roll Call by the Town Clerk
David S. Sherman, Jr., Chair Term Expires 12/2011 dsherman@dwmlaw.com
Frank J. Governali Term Expires 12/2013 frank.governali@capeelizabeth.org
Caitlin R. Jordan Term Expires 12/2013 caitlin.jordan@capeelizabeth.org
Sara W. Lennon Term Expires 12/2012 slennon@maine.rr.com
Jessica L. Sullivan Term Expires 12/2012 jsullivan08@maine.rr.com
Anne E. Swift-Kayatta Term Expires 12/2011 aeskay@maine.rr.com
James T. Walsh Term Expires 12/2012 james.walsh@capeelizabeth.org
The Pledge of Allegiance to the Flag
00:03 Town Council Reports and Correspondence
03:57 Citizen Opportunity for Discussion of Items Not on the Agenda
04:15 Town Manager’s Report
06:00 Revaluation Update- Assessor Matthew Sturgis
29:18 Review of Minutes of April 11 and April 25 , 2011 Meetings
30:32 Item# 88-2011 Shore Road Pathway
We recently receive notice that the Shore Road Pathway has received a grant of $729,000 as part
of “Quality Community Programs” of the Maine Department of Transportation. This grant
requires a 20% match of the total project value.
The MDOT total value of the project was estimated at $936,691 in 2010. The local required
match is $207,691. Including contingency, a total budget of $1,030,000 is recommended for the
project.
The amounts available for the $1.03 million project cost may be as follows:
MDOT Grant $729,000
Town Center Sidewalk Account 60,000
Balance Remaining of July 2010 Funding 26,000
PACTS Credit Program 40,000
Projected Local Donations from SAFE 100,000
Subtotal $955,000
The above pays for the entire estimated cost of the project, but it is $75,000 short of the amount
needed after including a contingency of $93,309. (10% of Construction Value)
In 2007, the Town Council established the Infrastructure Improvement Fund for improvements
to municipal infrastructure. This account is funded with a 30% surcharge on building permit
income thus no property tax dollars are part of the fund. The fund now has a projected balance of
$105,000 on June 30, 2011. It is proposed to fund the $75,000 needed for contingency from the
2
Infrastructure Improvement Fund. If the contingency is not fully needed, the balance of funds
remaining will revert to the Infrastructure Improvement Fund.
Draft Recommendation
Ordered: The Town Council hereby accepts the $729,000 Maine Department of Transportation
grant for the Shore Road Pathway, gratefully acknowledges and accepts the donation of
$100,000 in private donations collected by Safe Access for Everyone and approves the project
funding as follows:
MDOT Grant $729,000
Town Center Sidewalk Account 60,000
Balance Remaining of July 2010 Funding 26,000
PACTS Credit Program 40,000
Projected Local Donations from SAFE 100,000
Infrastructure Improvement Fund 75,000
Subtotal $1,030,000
The Council hereby appropriates $75,000 from the Infrastructure Improvement Fund to be
credited to the project account. Any local balance left in the fund that is not needed for the
project or for the project match shall revert after project closeout to the Infrastructure
Improvement Fund. The Town Manager is authorized to locally administer the project working
with the Maine Department of Transportation including all acts necessary to complete the project
within the total authorized amount.
01:06:48 Item# 89-2011 Inn by the Sea Liquor License and Special Amusement Permit
It is recommended to approve the annual malt, vinous and spirituous license for the Inn by The
Sea at 40 Bowery Beach Road and also the special amusement permit for dancing and
entertainment.
01:07:47 Item# 90-2011 Appointments Committee Recommendation
It is recommended to appoint Jessica D. Simpson to the Recycling Committee for a term
extending to December 31, 2012.
01:08:21 Item# 91-2011 Fort Williams Park Use Requests
USCG Aids to Navigation Team Change of Command Ceremony July 15, 2011
Arthritis Foundation Walk September 25, 2011
01:09:56 Item# 92-2011 Town Center Review Report Update
Councilor Sullivan will update the Town Council on the Town Center review.
01:10:20 Item# 93-2011 Central Maine Power Easement
As part of the update of the Spurwink Avenue Treatment Plant and pump station, Central Maine
Power needs easements on municipal property.
01:11:12 Item# 94-2011 Community Services Advisory Commission Work Plan
It is recommended to receive the 2011 work plan for the Community Services Advisory
Commission.
01:11:42 Citizen Opportunity for Discussion of Items Not on the Agenda

01:12:05 Item # 95-2011 Executive Session Request
It is recommended that the Town Council, in conformance with 1MRSA §405 6 C enter
executive session to discuss land acquisition/disposition issues
April 30, 2011 Financial Reports
01:12:37 Adjournment
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.