Regular Meeting # 13-2012
Cape Elizabeth Town Hall
Wednesday, November 14, 2012
7:00 p.m.
01:20 Roll Call by the Town Clerk
Sara W. Lennon, Chairman Term Expires 12/2012 slennon@maine.rr.com
Frank J. Governali Term Expires 12/2013 frank.governali@capeelizabeth.org
Caitlin R. Jordan Term Expires 12/2013 caitlin.jordan@capeelizabeth.org
Katharine N. Ray Term Expires 12/2014 retbank@maine.rr.com
David S. Sherman, Jr. Term Expires 12/2014 dsherman@dwmlaw.com
Jessica L. Sullivan Term Expires 12/2012 jsullivan08@maine.rr.com
James T. Walsh Term Expires 12/2012 jim.walsh@capeelizabeth.org
01:35 The Pledge of Allegiance to the Flag
01:53 Town Council Reports and Correspondence
08:26
Citizen Opportunity for Discussion of Items Not on the Agenda
11:32 Town Manager’s Report
13:07 Review of Draft Minutes of October 10, 2012 Town Council Meeting
20:28 Public Hearing: Proposal to Amend the Zoning Ordinance Regarding Short Term Rentals
36:17 Item# 130-2012 Proposed Amendments to Zoning Ordinance Regarding Short Term Rentals
PROPOSED MOTION TO ADOPT
SHORT TERM RENTALS ORDINANCE PROVISIONS
WHEREAS, short term rentals to third parties by owners of residential properties in Cape Elizabeth has in numerous cases caused issues to surrounding neighbors that are not commonly presented when such properties are occupied by owners, negatively impacting the residential character of surrounding neighborhoods; and
WHEREAS, the Town’s Ordinance Committee and Planning Board have conducted many meetings with interested parties on this issue; and
WHEREAS, the greatest negative impacts from short term rentals are from those properties on lots of less than 30,000 square feet and where the short term rentals are for shorter durations; and
WHEREAS, the Town Council finds that the negative impacts on surrounding neighbors with short term rentals appear to be less so when the property owner lives in another building on or abutting the property subject to the short term rentals; and
WHEREAS, the Town is concerned for the safety of those renters and their guests who occupy properties for short term rentals, specifically in regard to building code and septic system compliance of such properties and emergency evacuation plans; and
WHEREAS, given the Town’s public safety and welfare concerns, the Town Council finds it important in enacting Short Term Rental Zoning Ordinance provisions to make them effective as to all future Short Term Rentals regardless of the date of such contracts, provided that, in doing so, such Ordinance provisions shall be applied to the maximum extent possible without thereby substantially impairing such contracts which are fully executed and in force as of the effective date of this Ordinance.
ORDERED, that Short Term Rental provisions of the Zoning Ordinance as set forth in the attached draft are hereby enacted.
Proposed Amendments to the Solid Waste Ordinance
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Item# 131-2012 Proposed Amendments to the Solid Waste Ordinance
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01:01:36 Draft Motion: the town council hereby enacts the attached proposed amendments to the solid waste ordinance.
13:28 Item# 132 -2012 Robinson Woods II
Draft Motion- Ordered: The town council pursuant to its vote of June 13, 2011 hereby authorizes the town manager to provide $350,000 to the Cape Elizabeth Land Trust at closing for its acquisition of a 63+- acre parcel known as Robinson Woods II, accepts the public access easement in the form deemed acceptable to the town attorney on October 29, 2012 and agrees to authorize the town manager to sign a third party acceptance of a conservation easement over said parcel being granted by the Cape Elizabeth land Trust to the Maine Coast Heritage Trust.
01:02:14 Item# 133-2012 Future Open Space Committee Final Report
Draft Motion- The town council receives the final report of the Future Open Space Committee with appreciation to the committee and to its staff and refers the report to a future town council workshop for review and discussion.
01:05:48 Item# 134-2012 Fort Williams Park Group Use Fees
The Fort Williams Advisory Committee is recommending revised group use fees . The town manager recommends the fees be approved and the Fort Williams Advisory Commission be asked for recommendations regarding the concession program for 2013 and for an evaluation of the bus/trolley program and to report back to the town council at the January meeting.
01:08:20 Item# 135-2012 Driveway Easement
The town council in January 2012 approved a driveway easement from 349 Ocean House Road on to the high school driveway. The minutes are unclear if the easement is for both entering and exiting. The property owner had asked for both but the article on our website states the easement is for exit only. With the issue unclear, it is appropriate for the town council to provide direction for the easement being prepared.
01:14:06 Item# 136-2012 Proposed Capital Improvements Planning Committee
It is proposed to establish a capital improvements planning committee.
Draft Committee Charge
Cape Elizabeth Capital Improvements Planning Committee
November 6, 2012
Committee Created
The Capital Improvement Planning Committee (CIPC) is a four-member committee. The CIPC is comprised of two members of the Town Council and two members of the School Board. The Town Council and School Board shall select their respective committee members. The Town Manager and School Superintendent may serve as an ex-officio member without the right to vote.
Committee Responsibility
The CIPC's charge of duties is as follows:
The Capital Improvement Planning Committee shall define and study all proposed capital projects and improvements involving major tangible assets and projects and maintenance expenditures.
The Committee shall consider the relative need, impact, timing and cost of these expenditures. The Committee shall prepare a long-term capital planning report, recommending a ten-year capital projects plan, schedule of capital project priorities and annual capital projects forecasting for the next five fiscal years beginning in Fiscal Year 2014, and present the report to the Town Council and School Board for their consideration.
The CIPC is an advisory committee, with authority for spending decisions residing solely in the School Board and Town Council.
01:28:08 Item# 137-2012 Facility Study Report
Link to Large 41 Mb File
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It is proposed to receive the facility study report and to refer it to a future council workshop.
01:28:57 Item# 138-2012 Personnel Code Amendment- Section 125 Plan Limits
It is proposed to set a public hearing on Monday, December 10, 2012 at 7:00 p.m. on proposed amendments to the Personnel Code relating to new federal regulations limiting Section 125 deferrals.
01:29:48 Item# 139-2012 General Assistance Annual Updates
It is proposed to set a public hearing on Monday, December 10, 2012 at 7:00 p.m. on annual updates to the appendices to the General Assistance Ordinance.
01:30:26 Item# 140-2012 Project Canopy Grant Application
It is proposed to authorize a grant application for a Project Canopy grant.
01:31:26 Item# 141-2012 Maine Right to Know Law Update
It is proposed to appoint a local public information officer to be responsible for adherence to requests for public information.
01:32:51 Vote to take item out of order and to approve Lease to Tree Tops Capital for upstairs office space at 343 Ocean House Road (in front of the Community Center).
01:34:37 Citizen Opportunity for Discussion of Items Not on the Agenda
Adjournment
Link to Monthly Financial Report
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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.
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