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CAPE ELIZABETH TOWN COUNCIL AGENDA
Regular Meeting # 1-2014
Cape Elizabeth Town Hall
Monday, December 9, 2013
7:00 p.m.
00:12  Roll Call by the Town Clerk
 
 
  



03:08 The Pledge of Allegiance to the Flag
03:37 Item# 1-2014  Election of Town Council Chair    

The caucus recommends Jessica L. Sullivan.

 

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 held on November 6, 2013
05:49  Recognition of 2013 Town Council Chair James T. Walsh
15:33 Town Council Reports and Correspondence
16:14 Finance Committee Report
16:24 Citizen Opportunity for Discussion of Items Not on the Agenda
16:38 Town Manager’s Monthly Report
23:27        Review of   Draft Minutes of November 6, 2013  and November 13, 2013 meetings.  
24:20 Item# 2-2014  Adoption of   Town Council Rules       

The rules are the same as last year except they now include the underlined text below:

Section 2. Workshop Meetings The purpose of a workshop meeting is primarily for council  dialogue involving reports and proposals from council members, committees and staff that may be considered at later Town Council  meetings. The Town Council may give guidance to the chairman and to staff at workshop meetings but no decisions may be made that require formal votes.  Not withstanding the prior sentence , the Town Council may vote on procedural motions at a workshop meeting to determine a conflict of interest, to enter into executive session and to adjourn.   Prior to Town Council  discussion on any item, members of the public may speak on each agenda item for not more than three minutes each and up to a total of 15 minutes.  If there are more speakers than the time available, the chairman may allocate the speaking time in order to balance the debate.  The public participation portion shall conclude when the Town Council begins its discussions.
25:09 Item# 3-2014  Appointment of the Finance Committee
James T. Walsh as chairman and the Council as a whole to serve as the finance committee
25:41 Item# 4-2014  Appointment of an Ordinance Committee
Katharine N. Ray as chairman and James T. Walsh and Jamie Wagner as members
26:15 Item# 5-2014  Appointment of an Appointments Committee
Caitlin R. Jordan as chairman and Molly MacAuslan and David S. Sherman, Jr.  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)
26:50 Consent Agenda
Items # 6-17 will be considered en bloc.  The council chair will entertain a single motion to approve Items # 6-17.  Any councilor may request for any item to be removed from the consent list and be separately voted.
Item# 6-2014 Appointment of Representatives to ecomaine Board of Directors
Jamie Wagner and Michael K. McGovern for terms to expire on December 31, 2016
Item# 7-2014 Appointment of Representative to Greater Portland Council of Governments Executive Committee
Jessica L. Sullivan
Item# 8-2014 Appointment of Representative and Alternate to Greater Portland Council of Governments General Assembly
Jessica L. Sullivan
James T. Walsh, Alternate
Item# 9-2014  Appointment of Representative to PACTS Policy Committee
Michael K. McGovern
Item# 10-2014 Appointment of Representative to MMA Legislative Policy Committee and MMA Convention Delegate
Katharine N. Ray
Item# 11-2014 Appointment of Representative to Thomas Memorial Library              Foundation
Jessica L. Sullivan
Item# 12-2014 Appointment of Representative to Greater Portland Economic Development Corporation 
Jamie Wagner
Item# 13-2014 Appointment of Representative to Portland Jetport Noise Advisory Committee
David S. Sherman Jr.
Item# 14-2014 Appointment of Representatives to Thomas Jordan Grants Subcommittee
Caitlin R. Jordan to 12/14
Jamie Wager to 12/15
Molly MacAuslan to 12/16
Item# 15-2014 Appointment of Vice Chair of Museum at Portland Head Light
James T. Walsh
Council Chair Jessica Sullivan is Chair per the by-laws   
Item# 16-2014  Designation of Town Council Liaisons to Boards and Commissions
for 2014
The responsibility of a Town Council Liaison in 2014 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                                                              2014 Town Council Liaison
Conservation Commission                               Molly MacAuslan
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                       Molly MacAuslan
Thomas Memorial Library Trustees                 David S. Sherman, Jr.
Zoning Board of Appeals                                Jamie Wagner
School Board                                                   Katherine N. Ray*
            *Was not discussed during caucus. Names listed are 2013 representatives.
Item# 17-2014            Schedule of Council Meetings for 2014
It is recommended to approve the following regular meeting dates for the council year 2014:
Regular meetings
December 9, 2013
January 6, 2014
February 10, 2014
March 10, 2014
April 14, 2014
May 12, 2014
June 9, 2014
July 14, 2014
August 11, 2014
September 8, 2014
October 6, 2014
November 6, 2014
December 8, 2014
Workshop Meetings:  These are dates to hold on calendars but may be changed or cancelled. They are not proposed to be formally approved as part of this item.
January 29, 2014
February 24, 2014
June 16, 2014
September 3, 2014
October 1, 2014
November 10, 2014
December 4, 2014
Budget/Finance Committee Meetings: These are dates to hold on calendars but may be changed or cancelled. They are not proposed to be formally approved as part of this item.
March 17th and 19th and April 16th and 17th.
29:08 Public Hearing: Proposed Amendments to the Sign Ordinance
31:56 Item# 18-2014  Proposed Amendments to the Sign Ordinance
Proposed new definitions:
“Open Flag” shall mean a quantity of fabric or sheeting, with or without lettering, displayed outside a business during the hours that the business is open to customers and visitors, indicating that the business is open.
“Sandwich Board Sign” shall mean an advertising sign located on the ground, not permanently attached and easily movable, and with one (1) or two (2) sides.
Proposed Amendments to Sec 21-2-3
Sec. 21-2-3  Permitted Signs in TC,  BA, BB and BC Zones.

• Signs in the Business Signs Table in Appendix “A” are allowed with a permit in the TC, BA, BB and BC Zoning districts of the Zoning Ordinance. The total allowable sign area per establishment shall not exceed 75 square feet in the aggregate except as provided elsewhere in this ordinance. Signs under this section, which shall be erected for a period not to exceed 30 days, shall be considered temporary and shall require a permit from the Code Enforcement Officer. No more than three (3) temporary signs per establishment per year shall be allowed.  [Amended Eff. 10/12/2005 and Eff. 11/10/2007]

 
(b) No permanent message board shall be located within 750 feet, as measured along the centerline of abutting roads, of another permanent message board.
(c) Unless specifically designated, all sign types in the town shall be limited to the size restrictions in Sec. 21-1-3 (a).  Proposed signs shall be assigned the most applicable sign type category by the Code Enforcement Officer. [Eff. 7/10/91]
(d) In addition to the signs allowed in the Business Signs Table (Appendix A), a sandwich board sign is allowed with a permit in the TC, BA, BB and BC Zoning districts of the Zoning Ordinance.  The sandwich board sign shall not be included in the total allowable sign area per establishment in subsection (a) above, and shall comply with the following standards:
1.   One (1) sandwich board sign is allowed per business establishment. When multiple businesses share the same property, each business establishment shall be allowed one (1) sandwich board sign upon a determination by the Code Enforcement Officer that each business is sufficiently separate to not undermine the intent of this limit.
2.   The sandwich board sign shall be limited to a maximum gross area of twelve (12) sq. ft. per side and maximum height of four (4) ft.
3.   The sandwich board sign shall be located on the property where the business establishment is located, but may be located in the right-of-way adjacent to the property. The Town reserves the right to require a sandwich board sign to be moved out of the right of way in the interest of public safety. Sandwich board signs shall not be placed on a sidewalk.
4.   The sandwich board sign shall only be displayed during the hours the business establishment is open for customers or visitors.
5.   The sandwich board sign shall be weighed or secured to avoid being carried away.
6.   The sandwich board sign shall not be independently illuminated.
(e) In addition to the signs allowed in the Business Signs Table (Appendix A), one (1) open flag is allowed without a permit per business establishment. The open flag shall not exceed three (3) ft. x five (5) ft., shall not be included in the total allowable sign area per establishment in subsection (a) above, and may only be displayed during the hours the business establishment is open for customers or visitors. The open flag may not be displayed overhanging a sidewalk with a vertical clearance of less than eight (8) ft. in height.
35:51 Public Hearing: Update to Greenbelt Plan
01:06:35 Item# 19-2014  Proposed Update to the Greenbelt Plan 
The town council indicated at a recent workshop that following the public hearing a decision will be deferred to a later meeting.  The council will likely table this item to their January 6th meeting.  Please note that comments attached to agenda items are recommendations or proposals and actual decisions are made by the town council as items are considered at public meetings.   Link to Paper Street Use Memorandum   Link to Draft Greenbelt Plan    
01:11:50 Item# 20-2014 Establishment of a Library Building Committee  
Draft Library Building Committee  
Committee Created: There is hereby created a library building committee to consist of five members. 
Voting Members: Two members will be from among the membership of the Cape Elizabeth Town Council and shall be appointed by the town council.  One member to be invited shall be a member of the Cape Elizabeth School Board chosen by the school board.  One public member shall be an individual with knowledge of the library project and shall be appointed by the council chair and confirmed by the town council.   One member shall be a trustee of the Thomas Memorial Library appointed by the town council.  
Non-Voting Members and Advisers:  The library director of the Thomas Memorial Library shall be a non-voting ex-officio member and shall serve as the staff liaison to the committee.  The facilities manager shall be invited to participate in committee meetings to serve as a non-voting staff resource. The superintendent of schools shall be invited to designate one school staff member to advise the committee on opportunities and issues arising from the close proximity of the project to the school campus.
Committee Purpose:  The committee shall implement the plan for the Thomas Memorial Library developed by the 2013 Library Planning Committee. “Implementation” shall be interpreted to mean developing a building plan within the budget recommended by the Library Planning Committee. Final approval of any building plan shall be by the Cape Elizabeth Town Council and approval of construction funding is subject to a referendum vote of the citizens of Cape Elizabeth.
The committee shall seek public input in its deliberations. 
Project Budget:  The town manager is responsible for administration of the approved project budget.  This includes the financial and contractual arrangements with consultants who will support the work of the committee. The committee will recommend to the town manager an architectural firm to carry the project forward and will provide a recommendation to the town manager on the hiring of a construction manager.
Committee Reports: The committee chair will regularly update the town council on the progress of the committee.
 
01:18:05 Item# 21-2014 Members of the Library Building Committee
If the previous item is adopted, the council will need to choose two of its members to serve on the library building committee.  The council may also consider confirmation of the public member to serve. The incoming council chair is recommending Frank Governali as the public member.
01:19:14 Item# 22-2014  Pre-Bid/Pre Bonding Budget for Library Project   
It is recommended that the town council establish a total library project budget of $4.0 million excluding furnishings, new technology and any reuse of the Spurwink School portion of the current structure.  It is recommended that $100,000 be appropriated from the Infrastructure Improvement Fund. The balance in this account on June 30, 2013 was $191,176. $240,810 is recommended to be appropriated from the unassigned balance in the general fund.  The general fund unassigned fund balance on June 30, 2013 was $ 3,139,462.  The $340,810 is part of the overall $4.0 million and shall be reimbursed to the respective funds upon passage of the bond issue and the issuance of the bonds. The balance of funding needed would be considered for appropriation following the approval of a bond.
Project Budget
The total project budget is $4.0 million excluding furnishings, new technology and any reuse of the Spurwink School portion of the current structure. The estimated construction cost is $3,404,000.  Architectural/Engineering   fees for municipal and school projects are in accordance with a state approved fee schedule issued by the Maine Bureau of General Services.  For a project of this size, the fee is 12.5% of the renovation construction cost and 9.0% of the cost of new construction.   Therefore, with an estimated renovation cost of $942,000, the fee for the renovation aspects of the project is $117,500.  The cost of the new portions including site improvements is $2,462,000 which at 9% is $221,580. The base fee is therefore $339,330.  75% of this is incurred prior to project bidding with the remainder for construction administration after bidding. There is also an estimate of $46,500 in other expenses as outlined below.   The manager also recommends $15,000 for unforeseen expenses and for public awareness of the proposal.  This budget also provides funds for any legal expenses and for bond issuance fees.  They are estimated at approximately $25,000. 

Total Projected Construction Cost	$3,404,000	Pre-Bid Costs
Total Projected Project Cost	$4,000,000
A/E fee for Renovation	$942,000 @ 12.5%=$117,500* .75	$88,125
A/E fee for New Construction	$2,462,000 @ 9.0%=$221,580* .75	$166,185
Planning Board Review		$25,000
Construction Manager-Pre Bid		$10,000
Land Survey and Geotechnical		$5,000
Hazardous Materials Survey		$5,000
State Fire Marshal Review Fees		$1,500
Owner’s Contingency		$15,000
Legal and Bond Issuance fees		$25,000
Total Pre-Bid/Pre Bond Issuance  Expense		$340,810

As these monies will begin to be incurred immediately, an appropriation is needed so that a contract may be signed with the architect and so that funds will be available for the other expenses over the next year.

01:23:40 Item# 23-2014            Purpoodock Club 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.

01:25:52 Item# 24-2014            Annual Acceptance of Gifts   
Draft Motion: Ordered the Cape Elizabeth Town Council accepts with gratitude gifts  given to the Town of Cape Elizabeth during 2013

01:26:51 Item# 25-2014            Appointments Committee Report  
The Appointments Committee recommends the following appointees for expiring positions on municipal boards and commissions:

	Term Expires	Recommended
Board of Assessment Review	12/31/2016	John Charette
Conservation Commission	12/31/2016	Garvan Donegan
Conservation Commission	12/31/2016	Jim Tasse
Conservation Commission	12/31/2016	Zach Matzkin
Fort Williams Advisory Commission	12/31/2016	Chris Corbett
Fort Williams Advisory Commission	12/31/2016	Lise Pratt
Fort Williams Advisory Commission	12/31/2015	Mark D. Russell
Fort Williams Advisory Commission	12/31/2015	Terry Ann Scriven
Personnel Appeals Board	12/31/2016	To be determined
Planning Board	12/31/2016	Elaine Falender
Planning Board	12/31/2016	Henry Steinberg
Recycling Committee	12/31/2016	Kara Lavender Law
Recycling Committee	12/31/2016	Peter Frye
Recycling Committee	12/31/2016	William Schmitz
Riverside Memorial Cemetery Trustees	12/31/2016	Sharon Smarc
Thomas Memorial Library Trustees	12/31/2016	RuthAnne Haley
Thomas Memorial Library Trustees	12/31/2016	Martha Palmer
Thomas Memorial Library Trustees	12/31/2016	Ken Piper
Zoning Board of Appeals	12/31/2016	Michael Tadema-Wielandt
Zoning Board of Appeals	12/31/2016	Michael Vaillancourt
Zoning Board of Appeals	12/31/2016	Joanna Tourangeau
250th Anniversary Committee
	12/31/2015	Catherine Adams
	12/31/2015	Jane Beckwith
	12/31/2015	Carol Anne Jordan
	12/31/2015	Norman Jordan
	12/31/2015	Stephanie Korupp
	12/31/2015	Darren McLellan
	12/31/2015	Barbara Powers

 
01:29:52 Item# 26-2014            Authorization of Quit Claim Deed  
Draft Motion: Ordered the Cape Elizabeth Town Council authorizes the town manager to execute a quit claim deed for property at 15 Scott Dyer Road.  All back taxes have been paid to the town pending this action.
01:31:28 Item# 27-2014            Project Canopy Grant Application  
Draft Motion: Ordered the Cape Elizabeth Town Council approves the grant application to Project Canopy for the arboretum at Fort Williams Park.
 
01:32:34 Item# 28-2014            Proposed Shooting Range Ordinance  
Draft Motion: Ordered the Cape Elizabeth Town Council thanks Kenneth Cole for his report and refers it to the ordinance committee for review.
01:45:14 Item# 29-2014            School Bond Request 
Draft Motion: Ordered the Cape Elizabeth Town Council thanks the Cape Elizabeth School Board for its request and refers it to the finance committee. 
The School Board voted 7-0 during the regular business meeting of November 12, 2013 to request that the Town Council seek the issuance of bond funding in FY16 for five school capital projects in the amount of $1,750,000.
On behalf of the School Board I am writing to make that request formal, and to seek consideration of the matter at an upcoming Town Council meeting. As always, members of the School Board and school administration would be happy to attend any relevant Town Council meeting in order to answer questions about the request.
Many thanks,
John Christie
School Board Chair
01:48:03 Item# 30-2014            Town Center Committee Status Report  
Draft Motion: Ordered the Cape Elizabeth Town Council thanks the Town Center Committee for its report and extends the committee from the original ending date of December 31, 2013 to June 30, 2014.

02:05:03 Item# 31-2014            Fort Williams Park Arboretum Children’s Garden 
Draft Motion: Ordered the Cape Elizabeth Town Council thanks the Fort Williams Charitable Foundation for their proposal for a children’s garden at Fort Williams Park and looks forward to reviewing the proposal at a future workshop meeting.
02:06:26 Item# 32-2014            Town Manager Evaluation Process
Draft Motion: Ordered the Cape Elizabeth Town Council refers to a future workshop meeting a discussion and review of the process of evaluating the town manager. As an interim step, the town council agrees to implement this year the survey of direct reports and the goals process described in the attached memorandum.  
02:08:28 Item# 33-2014            FEMA Flood Maps Update
            Draft Motion: Ordered the Cape Elizabeth Town Council acknowledges receipt of a written
update  from the code enforcement officer regarding the updating of FEMA flood maps.
02:10:12 Citizen Opportunity for Discussion of Items Not on the Agenda
02:10:26 Adjournment
Happy Holidays!
Next Scheduled Town Council Meeting is January 6, 2014.

Monthly Financial Information
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 is pertinent. 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.