CAPE ELIZABETH TOWN COUNCIL AGENDA
Regular Meeting # 2-2014
Cape Elizabeth Town Hall
Monday, January 6, 2014
7:00 p.m.
Roll Call by the Town Clerk
Jessica L. Sullivan, Chairman Term Expires 12/2015 jsullivan08@maine.rr.com
Caitlin R. Jordan Term Expires 12/2016 caitlin.jordan@capeelizabeth.org
Molly MacAuslan Term Expires 12/2016 mmacauslan@gmail.com
Katharine N. Ray Term Expires 12/2014 retbank@maine.rr.com
David S. Sherman, Jr. Term Expires 12/2014 dsherman@dwmlaw.com
James R. “Jamie” Wagner Term Expires 12/2015 jamiewagnerlaw@gmail.com
James T. Walsh Term Expires 12/2015 jim.walsh@capeelizabeth.org
00:07 The Pledge of Allegiance to the Flag
00:31 Ralph Gould Award Presentation: Michael A. Duddy
06:48 Town Council Reports and Correspondence
08:12 Finance Committee Report
09:45 Citizen Opportunity for Discussion of Items Not on the Agenda
10:01 Boston Post Gold Cane announcement
12:08 Town Manager’s Monthly Report
16:08 Review of Draft Minutes of
December 9, 2013 meeting.
16:33 Item# 34-2014 Proposed Update to the Greenbelt Plan
The town council held a public hearing on this item on December 9, 2013
Link to Paper Street Use Memorandum
Link to Draft Greenbelt Plan
Draft Motion:
TOWN OF CAPE ELIZABETH
RESOLUTION ADOPTING 2013 GREENBELT PLAN
WHEREAS, the Town Council finds as follows:
- The 2007 Comprehensive Plan strongly supports preservation of open space and the greenbelt trails network. Statistically valid surveys conducted in 2005 and 2012 demonstrate that open space and greenbelt trails are highly valued by Cape Elizabeth residents.
- The Town has a long history of greenbelt planning dating back to the 1977 greenbelt plan, followed by plans in 1988 and 2001. The 2013 Greenbelt Plan estimates 24.5 miles of current greenbelt trails.
- The “Complete Streets” national transportation policy advocates a design approach whereby transportation infrastructure provides safe travel for all modes including those walking, bicycling, and driving automobiles. These policies are supported in the Town’s road standards and the Comprehensive Plan. Many communities have streets where only pedestrian traffic is allowed.
- All town greenbelt plans have included a map of potential greenbelt trails depicted on public and private property. Potential trails described within the 2013 Greenbelt Plan are intended as conceptual locations and will only be placed on private property with the willing consent of the property owner.
- In 1996, the Town of Cape Elizabeth prepared the report “Inventory and Evaluation of Paper Streets in Cape Elizabeth, Maine.” The Town Council subsequently adopted and recorded a motion in the Cumberland County Registry of Deeds on September 11, 1997, in Book 13317, Page 151 which extends for a period of 20 years all proposed, unaccepted ways except those denoted on tax maps as U-7-1, U-7-2, U-7-3, U-7-4, a portion of U-7-5, U-29-2 and U-29-5.
- A report to the Town Council dated December 2, 2013 depicts numerous examples where town greenbelt trails are currently located in paper streets. There is an estimated 2,500 linear feet of greenbelt trails currently located within paper streets, often providing the only connection for a neighborhood to adjacent, town owned open space. Several paper streets are also identified as potential future locations for greenbelt trails and serve as important connections to larger open space parcels.
- In connection with the Shore Acres neighborhood, the Town Council engaged in a thorough street vacation process in 1991 (Bayview Road), 2002 (Bayview Road) and 2004 (Katahdin Road extension and a portion of Waumbek Road). Since 1971 the Town has retained its rights in all paper streets and would only release such rights using the street vacation process.
- Surfside Avenue and many other paper streets are shown on town assessing maps independently of adjacent lots. The assessed value of the lots on Pilot Point Rd abutting Surfside Avenue are discounted from full value waterfront lots because of the presence of the paper street.
- At the time the Shore Acres subdivision was recorded in 1911, it was common practice for streets to accommodate pedestrian traffic as well as a variety of vehicles. Motor vehicles were not common at that time.
- There has been extensive discussion and review of the 2013 Greenbelt Plan. The Conservation Commission held fourteen meetings on the subject. These meetings included two public forums, special meetings with the Cape Farm Alliance and the Riverside Cemetery Trustees. The Town Council held six meetings including two workshops, a site walk at Surfside Avenue, and a public hearing on December 9, 2013.
- Following adoption of the 2013 Greenbelt Plan, the Council intends to review and consider a separate resolution formally accepting all paper streets within which Greenbelt trails are located.
NOW, THEREFORE, pursuant to Article II, Section 3 of the Council-Manager Charter of the Town of Cape Elizabeth, the Council hereby adopts the 2013 Greenbelt Plan by a vote of ____ in favor and ____ opposed.
50:25 Item# 35-2014 Review and Action on Draft Town Council Goals for 2014
Draft Motion: Ordered the Cape Elizabeth Town Council approves its goals for 2014.
Draft- Cape Elizabeth Town Council Goals
2014
The Cape Elizabeth Town Council commits to the following goals for calendar year 2014:
Thomas Memorial Library
- A bond referendum will be scheduled for November 4, 2014 on a clearly defined proposal from the library building committee.
- A fundraising mechanism will be established to raise funds needed for furnishings and technology.
- The town council will review the current policy for naming opportunities for the library and for other facilities
- The town will formalize its relationship with the Cape Elizabeth Historical Preservation Society.
- A plan to accommodate space for the Cape Elizabeth Historical Preservation Society will be reviewed.
- Plans will be developed for the repurposing of the original Spurwink School section of the Thomas Memorial Library.
Policy Reviews
- The town center planning committee will complete its work and the town council will review its recommendations.
- The town council will take action on the proposed ordinance relating to outdoor shooting ranges.
- The town council will evaluate the impacts of the short term rentals ordinance provisions adopted in 2012.
- The town council will consider and vote upon the recommendations contained in the greenbelt plan update proposed by the conservation commission.
- The town council will review the process that occurred for updating the greenbelt plan.
- The town council will review an update on the policies emanating from the 2011 facility space use working group.
- The town council will review policies relating to the use of email and texting during town council meetings.
- The town council will evaluate policies and procedures to plan for continued aging of the community’s population.
Community Engagement
- The town council will establish an advisory committee consisting of citizens aged 55+ to have dialogues on how the town can best serve its retirement age citizens.
- The town council will continue discussions and cooperation with community groups such as the Cape Business Alliance, the Cape Farm Alliance, the Cape Elizabeth Land Trust, the Cape Elizabeth Education Foundation and other groups which seek to positively impact the community.
- The town council will enhance use of social media.
- The town council will consider additional opportunities for community engagement.
- The town council will review with community members past engagement with the community on issues which were contentious to evaluate lessons to be learned as issues are discussed in the future.
- The town council will continue to support an active webpage.
- The town council will consider opportunities to maintain e-mail lists for informing citizens of local issues.
- The town council will continue orientation of boards and commissions in order to facilitate their focus on community engagement.
- The town council will continue to collaborate with the school board on issues of mutual concern.
Community Improvement
- The town council will evaluate opportunities to enhance access to Crescent Beach for commercial fishermen.
- The town council will update the capital stewardship plan.
- The town council will continue to support implementation of the Fort Williams Park master plan and of the arboretum at Fort Williams Park.
Other
- A committee will be convened to plan Cape Elizabeth’s 250th anniversary of its incorporation.
- The town council will meet with legislators on issues of concern to Cape Elizabeth residents.
- The town will continue to review opportunities for food composting.
- The finance committee chair will provide monthly updates at the regular town council meeting.
- The finance committee will meet with the town manager to review and discuss the outlook for the municipal budget early in 2014.
- The town council will present a Ralph Gould award early in 2014 and plan for a presentation in early 2015.
- The town council will evaluate its external professional service providers including legal and audit services.
- The town council will update the procedures for the annual evaluation of the town manager.
- The town council will review procedures for training related to the Maine Freedom of Access Act and for determining conflicts of interest under 30-A MRSA §2605
59:05 Item# 36-2014 Senior Citizens Advisory Commission
Draft Motion: Ordered the Cape Elizabeth Town Council approves creation of a Senior Citizens Commission to review how the town can best serve its older citizens. The council will also consider approval of the draft
charge.
Draft:
Senior Citizens Advisory Commission
There is hereby created the Cape Elizabeth Senior Citizens Advisory Commission. The commission shall consist of seven (7) citizens nominated by the appointments committee and approved by the town council. The town council chairman will appoint a liaison to the commission and the town manager will appoint a staff liaison.
The commission shall advise the town council on issues facing the over 60 population of the community. They shall provide regular updates to the council and shall prepare a written report to be submitted by December 31, 2014 providing observations and recommendations for consideration by the council. Within the report, the commission shall recommend whether or not a continuing senior citizens advisory commission shall be appointed for succeeding years.
The committee will have no budget but any minor miscellaneous expenses shall be provided through existing appropriations.
01:04:22 Item# 37-2014 Town Manager’s Annual Evaluation
Draft Motion: Ordered the Cape Elizabeth Town Council in conformance with 1 MRSA §405 6 A. hereby enters into executive session to begin the annual evaluation process for the town manager.
01:04:10 Citizen Opportunity for Discussion of Items Not on the Agenda
01:05:18 Adjournment
The next scheduled town council meeting is February 11, 2014.
The town council will have a finance committee meeting on January 29, 2014. The agenda for this workshop meeting will be to review fiscal results for the first six months of the fiscal year, to discuss budget goals for FY 2015, and to review with school board representatives their recent proposal to borrow fund for school facility improvements. Annexed to this meeting will be a town council workshop to discuss a work plan to accomplish 2014 council goals.
Link to
Monthly Financial Update
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.