CAPE ELIZABETH TOWN COUNCIL AGENDA
Regular Meeting # 7-2013
Cape Elizabeth Town Hall
Monday, April 8, 2013
7:00 p.m.
2:09 Roll Call by the Town Clerk
James T. Walsh, Chair Term Expires 12/2015
jim.walsh@capeelizabeth.org
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
02:35 The Pledge of Allegiance to the Flag
02:56 Town Council Reports and Correspondence
04:07 Monthly Financial Update
20:16 Citizen Opportunity for Discussion of Items Not on the Agenda
10:48 Town Manager’s Report
20:45 Review of Minutes
March 11, 2013
21:05 Item# 50-2013 Proposal
Regarding Building Permit Issuance Notifications
At the March 7, 2013 meeting, the Ordinance Committee voted 3-0 to recommend
proposed amendments to the Zoning Ordinance to require public notice of building permits.
The Ordinance Committee discussed building permit notification at three meetings where public comment was also received. Required public notice is targeted to instances where controversy is most common, which is exterior expansions close to the property line or the shoreline. While the committee considered exempting very small expansions, there was also a desire to minimize staff time needed to determine when a notice is required, so no exemption for very small additions is included in the final draft. The committee did exempt building permits that were part of a Planning Board or Zoning Board approval as those processes have separate noticing requirements.
Staff estimated that 65-70 building permits might trigger a notice and that 5-6 notices would be generated for each permit. Notices would be generated with the existing mapping system maintained by the town for all notices. No recommendation to pass the cost of noticing onto the permit holder is recommended.
It is recommended to refer this issue to the planning board.
.
42:00 Item# 51-2013 Proposed
Amendments to Subdivision Ordinance
The planning board has completed their extensive review of the subdivision ordinance. It is recommended to thank the planning board for their work and to refer the proposed amendments to the ordinance committee.
45:33 Item# 52-2013
Library Building Use Policy
The library trustees have recommended some technical amendments to the library building use policy. It is recommended the revised policy be adopted.
46:45 Item# 53-2013
Proposal to Eliminate Most Library Overdue Materials Fines
The library trustees are recommending that the Town Council accept proposed modifications to the Circulation Policy The primary recommendation is to eliminate overdue fines for the TML collection, while still keeping the damage and lost item policies in place. Interlibrary loans will still have late fees associated with them.
Experience at Other Libraries and
Trustees Estimated Impact on Municipal Budget
57:29 Item# 54-2013 Appointments Committee
Recommendations
The appointments committee is recommending citizens to serve on boards and commissions.
01:00:10 Item# 55-2013
Charles Road Sewer Rehabilitation Project
It is recommended to approve the use of up to $450,000 from the sewer fund for replacement of sewers on Charles Road and for related road improvements and to allocate up to $50,000 from the infrastructure improvement fund for the same project. If the project is below budget, funds shall be proportionally spent from the two funds.
01:03:24 Item# 56-2013
Successor Lease for Building # 324 at Fort Williams Park
It is proposed to approve a lease to Family Crisis Shelter Services for Building # 324 at Fort Williams Park. The administrative office of FCS has been in the building for about 20 years.
Effective April 1, 2013 $1313.00 per month
April 1, 2014 $1352.00 per month
April 1, 2015 $1392.00 per month
April 1, 2016 $1434.00 per month
April 1, 2017 $1477.00 per month
01:05:48 Item# 57-2013 Appropriations Request
Article V. Sec 6. of the Council-Manager Charter of the Town of Cape Elizabeth provides:
The gross appropriation for each department may not be exceeded except by consent of the council.
As of this date, the balance in the legal and audit department 135 is minus $11,252.66. This is made up by a positive balance in the audit line of $6,300 and a deficit in the legal services line of $17,552.66. The original appropriation for this department was $55,000. The audit line will be fully spent as prework is done on the audit for FY 2013 prior to July 1st.
Legal services have been overspent due to a handful of legal actions against the Town of Cape Elizabeth relating to issues that have been before the zoning board. I believe that the original appropriation for legal services of $25,000 will likely end up with about $62,000 in costs by June 30, 2013 as several cases are still pending. It is recommended to $37,000 from the unallocated fund balance to the Legal and Audit Services account. (1352010)
| | Budget | Spent to Date | Projected | Projected Need |
| Legal Services | $25,000.00 | $ 42,555.66 | $62,000.00 | $ 37,000.00 |
| Audit Services | $30,000.00 | $ 23,700.00 | $30,000.00 | - |
| Total | $55,000.00 | $ 66,255.66 | $92,000.00 | $ 37,000.00 |
The general assistance account was budgeted at $28,600. To date, $27,115 has been expended for an average of $9,000 per quarter. It is recommended to appropriate $9,000 to the general assistance account. (4105101)
| | Budget | Spent to Date | Projected | Projected Need |
| General Assistance | $28,600.00 | $ 27,114.99 | $36,000.00 | $ 9,000.00 |
01:10:36 Item# 58-2013
Annual Renewal of River Herring Rights
It is proposed to approve the annual renewal of river herring (alewife) rights.
01:14:07 Citizen Opportunity for Discussion of Items Not on the Agenda
01:14:14 Item# 59-2013 Request for Executive Session
It is recommended the Town Council in conformance with 1 MRSA §405 6 C enter executive session to discuss a land acquisition matter, more specifically to give guidance to the town manager, who with the town attorney, is in negotiations with a party for the town to purchase the last 2.67% ownership share not currently held by the town of the 18 acre Loveitt Woods parcel.
01:14:43 Adjournment
Link to Monthly Financial Reports
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