Regular Meeting # 1-2013
Cape Elizabeth Town Hall
Monday, December 10, 2012
7:00 p.m.
The meeting will be convened by Councilor David S. Sherman, Jr.
04:20 Roll Call by the Town Clerk
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 12/2015
jsullivan08@maine.rr.com
James R. "Jamie" Wagner Term Expires 12/2015
jamiewagnerlaw@gmail.com
James T. Walsh Term Expires 12/2015
jim.walsh@capeelizabeth.org
00:22 Oaths of Office Administered by the Town Clerk
Officials Elected November 6, 2012
Cape Elizabeth School Board
For Three Year Terms to Expire on December 14, 2015
John R. Christie, III
David C. Hillman
12:17 Mary K. Williams-Hewitt
Cape Elizabeth Town Council
For Three Year Terms to Expire on December 14, 2015
Jessica L. Sullivan
Jamie Wagner
James T. Walsh
05:30 The Pledge of Allegiance to the Flag
06:06 Town Council Reports and Correspondence
07:30 Citizen Opportunity for Discussion of Items Not on the Agenda
07:45 Town Manager’s Report
Update on Trails Maintenance Activities during 2012
09:06 Review of
Draft Town Council Minutes- November 14, 2012
04:34 Item# 1-2013 Election of a Town Council Chair for Council Year 2013
James T. Walsh
On this and the other items relating to council organization, the
names listed are the persons who appeared to be the consensus choices
at the Town Council caucus.
09:36 Item# 2-2013
Proposed Town Council Rules for 2013
10:17 Item# 3-2013 Appointment of the Finance Committee
Frank J. Governali as chairman and the Council as a whole to serve as the finance committee
11:09 Item# 4-2013 Appointment of an Ordinance Committee
Katharine N. Ray as chairman and David S. Sherman, Jr. and Jessica L. Sullivan as members
11:46 Item# 5-2013 Appointment of an Appointments Committee
Jessica L. Sullivan as chairman and Frank J. Governali,
Caitlin R. Jordan and Jamie Wagner as members (Council rules provide
that each council member shall serve on either the Appointments
Committee or the Ordinance Committee and the Council Chairman shall be
an ex-officio member of both committees)
13:40 Consent Agenda
Items # 6-15 will be considered en bloc. The council
chair will entertain a single motion to approve Items # 6-15. Any
councilor may request for any item to be removed from the consent list
and be separately voted.
Item# 6-2013 Appointment of Representatives to ecomaine Board of Directors
David S. Sherman, Jr. and Michael K. McGovern for terms to expire on December 31, 2013
Item# 7-2013 Appointment of Representative to Greater Portland Council of Governments Executive Committee
James T. Walsh
Item# 8-2013 Appointment of Representative and Alternate to Greater Portland Council of Governments General Assembly
James T. Walsh
Caitlin R. Jordan, Alternate
Item# 9-2013 Appointment of Representative to PACTS Policy Committee
Michael K. McGovern
Item# 10-2013 Appointment of Representative to MMA Legislative Policy Committee and MMA Convention Delegate
Katharine N. Ray
Item# 11-2013 Appointment of Representative to Thomas Memorial Library Foundation
Jessica L. Sullivan
Item# 12-2013 Appointment of Representative to Greater Portland Economic Development Corporation
Jamie Wagner
Item# 13-2013 Appointment of Registrar of Voters
State law (Title 21-A Section 101.2) requires the municipal
officers to appoint a qualified registrar by January 1st of each
odd-numbered year. The appointment is for 2 years and until a successor
is appointed and sworn. Currently Debra Lane is the registrar with a
term expiring January 1, 2013.
The town manager recommends Debra M. Lane for a new term as registrar to expire on January 1, 2015.
Item# 14-2013 Designation of Town Council Liaisons to Boards and Commissions
for 2013
The responsibility of a Town Council Liaison in 2013 includes the following:
- Continue a dialogue regarding strengthening opportunities for public knowledge of board activities.
- Assist in monitoring progress on town council goals related to a committee’s activity.
- Serve as a communication conduit between the board and the council
A liaison is not a committee member and does not participate in any votes.
Board 2013 Town Council Liaison
Community Services Advisory Commission Frank J. Governali
Conservation Commission Jamie Wagner
Fort Williams Advisory Commission James T. Walsh
Local Legislative Delegation James T. Walsh and Jamie Wagner
Planning Board Katherine N. Ray
Recycling Committee Caitlin R. Jordan
Riverside Memorial Cemetery Trustees Frank J. Governali
Thomas Memorial Library Trustees Jessica L. Sullivan
Zoning Board of Appeals David S. Sherman, Jr.
School Board Katherine N. Ray
Family Fun Day Volunteers Jamie Wagner
Item# 15-2013 Schedule of Council Meetings for 2013
The following dates are the planned dates for Council meetings in 2013. Please check the meeting schedule at
www.capeelizabeth.com for updates and specific agendas.
14:22 Public Hearing Personnel Code Proposed Amendment
14:52 Item# 16-2013 Personnel Code Proposed Amendment
The Personnel Code provides that the Town of Cape Elizabeth
offers regular employees a section 125 flexible spending account plan
for health related spending and dependent care. The federal rules for
such plans are changing effective January 1, 2013 whereby the annual
maximum of medical reimbursement for an individual is $2,500 and will
thereafter be indexed for inflation. The town personnel code presently
permits up to $3,000.
The following amendment to Sec 3-2-11 of the Personnel Code is proposed:
Sec 3-2-11
- Section 125 Plan
The Town of Cape Elizabeth offers a Section 125 Plan reimbursement account through Horace Mann Insurance.
Maine School Management Association. The Town may choose another provider at its option. Medical expense reimbursement accounts are limited to the maximum permitted under federal law.
$3000 per year. Dependent care reimbursement accounts are limited to $5,000 per calendar year per family but may be lower if the maximum allowed by federal law is less than $5,000. The enrollment period for this program occurs once annually or on the initial hire date. (Rev. Eff. 01/10/11)
.
15:22 Public Hearing
General Assistance Annual Update
15:40 Item# 17-2013
Annual Update of General Assistance Appendices
Each year the town is asked by the state to update annual general assistance appendices.
16:07 Item# 18-2013
Purpoodock Club Annual Beverage Licenses
Draft Motion: Ordered the Cape Elizabeth Town Council
approves the malt, vinous, spirituous liquor license and Special
Amusement Permit for the Purpoodock Club 300 Spurwink Avenue as
presented.
17:03 Item# 19-2013
Annual Acceptance of Gifts to the Town
Draft Motion: Ordered the Cape Elizabeth Town Council accepts
with gratitude gifts given to the Town of Cape Elizabeth during 2012.
17:48 Item# 20-2013
Boundary Surveys Report from the Ordinance Committee
Draft Motion: Ordered the Cape Elizabeth Town Council sets a
public hearing for Monday, January 7, 2013 at 7:00 p.m. at the Cape
Elizabeth Town Hall on proposed amendments to the Zoning Ordinance which
would establish standards on instances when the code enforcement
officer shall require standard boundary surveys as part of building
permit applications
18:34 Item# 21-2013
Proposed Amendments to the Sign Ordinance
Draft Motion: Ordered the Cape Elizabeth Town Council sets a
public hearing for Monday, January 7, 2013 at 7:00 p.m. at the Cape
Elizabeth Town Hall on proposed amendments to the Sign Ordinance.
28:21 Item# 22-2013
Miscellaneous Offenses Ordinance Amendments
Draft Motion: Ordered the Cape Elizabeth Town Council sets a
public hearing for Monday, January 7, 2013 at 7:00 p.m. at the Cape
Elizabeth Town Hall on proposed amendments to the Miscellaneous Offenses
Ordinance.
28:59 Item# 23-2013 Proposed Short Term Rentals Permit Fee
Draft Motion: Ordered the Cape Elizabeth Town Council in
conformance with Sec 19-8-14 C. 2 of the Zoning Ordinance hereby sets an
annual fee for short term rental permits of $50.00 per unit rented.
31:48 Item# 24-2013 Building Permit Notifications
Draft Motion: Ordered the Cape Elizabeth Town Council hereby
requests the Ordinance Committee to review notification issues upon the
issuance of building permits.
32:47 Item# 25-2013 Property Tax Relief Programs
Draft Motion: Ordered the Cape Elizabeth Town Council hereby
requests the Ordinance Committee to review programs relating to property
tax relief.
33:26 Item# 26-2013
Appointments Committee Report
The Appointments Committee recommends the following appointments to boards and commissions:
Italics denotes new appointment, all others are reappointments
Board of Assessment Review
John McAnuff 65 Stonybrook Road Term Expires 12/21//2015
Conservation Commission
Marti Blair 3 Cedar Ledge Road Term Expires 12/31/2015
Mitch Wacksman 9 Bayberry Lane Term Expires 12/31/2015
Fort Williams Advisory Commission
Gregg Frame 4 Dermot Drive Term Expires 12/31/2015
Erin Grady 2 Emerald Way Term Expires 12/31/2015
Personnel Appeals Board
Dawn M. Harmon 9 Blueberry Road Term Expires 12/31/2015
Planning Board
Liza Quinn 24 Ocean View Road Term Expires 12/31/2015
Carol Anne Jordan 21 Wells Road Term Expires 12/31/2015
Victoria Volent 58 Cottage Farms Road Term Expires 12/31/2015
Recycling Committee
Jamie Garvin 76 Oakhurst Road Term Expires 12/31/2015
Jessica D. Simpson 3 Manter Street Term Expires 12/31/2015
Riverside Cemetery Trustees
Jessie Timberlake 19 Hunts Point Road Term Expires 12/31/2015
Thomas Memorial Library Trustees
Judith McManamy 6 Campion Road Term Expires 12/31/2015
Lee Rutty 1 Birchwood Road Term Expires 12/31/2015
Zoning Board of Appeals
Barry D. Hoffman 291 Spurwink Avenue Term Expires 12/31/2015
Matthew Caton 88A Two Lights Road Term Expires 12/31/2015
Thank you to Christopher C. Lynch who has served the maximum
number of terms on the Board of Assessment Review, to Daniel S. Chase
who has served the maximum number of years on the Fort Williams Advisory
Commission and to David Johnson who did not seek reappointment to the
Zoning Board of Appeals.
Thank you to Wyman Briggs, Brian Denison, Frank Governali,
Ted Hawkes, Peter Ingraham, Alan Lishness, David Whitten, Mary K.
Williams-Hewitt and Chairman Bill Slack for their service as members of
the Alternative Energy Committee. The committee was appointed on October
10, 2007 and is completing their work effective December 31, 2012.
Thank you to Ernie MacVane and Greg Marles for staffing the committee.
Thank you to Richard Bauman, Carol Ann Jordan, Caitlin Jordan,
Jessica Sullivan, Frank Governali, Wayne A. Brooking, Jr., Craig Cooper,
Bo Norris, Chris Franklin and Chairman John Greene for their service as
members of the Future Open Space Preservation Committee. The committee
was appointed in early 2011 and is completing its work effective
December 31, 2012. Thank you to Maureen O’Meara for staffing the
committee.
39:22 Discussion of Draft Goals for 2013
43:33 Citizen Opportunity for Discussion of Items Not on the Agenda
43:46 Adjournment
Link to November 30, 2012 Financial Reports
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
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