CAPE ELIZABETH TOWN COUNCIL AGENDA
Regular Meeting # 3-2014
Cape Elizabeth Town Hall
Monday, February 10, 2014
7:00 p.m.
00:19 Roll Call by the Town Clerk
00:40 The Pledge of Allegiance to the Flag
01:13 Town Council Reports and Correspondence
02:21 Finance Committee Report
03:33 Citizen Opportunity for Discussion of Items Not on the Agenda
03:48 Town Manager’s Monthly Report
09:06 Review of Draft Minutes of
January 6, 2014 meeting
10:34 Item# 38-2014
Report from the Ordinance Committee on
Draft Shooting Range Ordinance
Draft Motion: Ordered the Cape Elizabeth Town Council receives the report of the ordinance committee proposing a new Chapter 24 of the Revised Code of Ordinances and sets a public hearing for Monday, March 10, 2014 at 7:00 p.m. at the Cape Elizabeth Town Hall on a proposed Shooting Range Ordinance.
55:08 Item# 39-2014 Fort Williams Park Annual Review of Fort Williams Park Revenues
The Fort Williams Advisory Commission has reviewed policies for revenues at the park and is recommending a fee for
commercial tourists vans.
Draft Motion: Ordered the Cape Elizabeth Town Council approves the following fees for commercial tourists vans:
It is proposed that the fees would be effective July 1, 2014:
$20.00/visit - Commercially-Operated Passenger Tour Vans
$800/vehicle/season - Commercially-Operated Passenger Tour Vans making more than 30 visits to the Park in a season
$40.00/visit - Tour/Cruise Ship Buses ($35.00 with a pre-approved billing arrangement and with promotion of the PHL Gift Shop)
$1,500/trolley/season – for trolleys making more than 30 visits to the Park in a season
In keeping with the fee schedule adopted in 2011, the fees shall be paid at the Portland Head Light or to an on-site attendant. Municipal staff may establish billing arrangements with tour and/or bus companies, recreational camps, school units
01:07:04 Item# 40-2014 Fort Williams Park Annual
Group Use Requests
It is proposed to approve the Fort Williams Advisory Commission’s recommendation for approval of group use requests for 2014.
Family Fun Day June 14, 2014
Labor Day Weekend Art Show August 31, 2014 and rain date of September 1, 2014
Cape Elizabeth Little League Fields Per December 4, 2013 letter
TD Beach to Beacon Setup July 29-August 1, 2014
TD Beach to Beacon 10K Race August 2, 2014
American Cancer Society October 19, 2014
Making Strides Against Breast Cancer 5 K Walk
01:08:50 Item# 41-2014
Trout Brook Grant Authorizations
The Town of Cape Elizabeth, with the Cumberland County Soil and Water Conservation District (CCSWCD), submitted a grant application to the Maine Department of Environmental Protection in September, 2013 for the “Trout Brook Restoration Project, Phase II.” The Town was notified in November that the grant was selected for funding. Three actions are requested from the Town Council. Information on the grant may be found
here.
#1 Accept the grant
Trout Brook has been designated an “Urban Impaired Stream,” which means that it does not meet state and federal water quality classifications due to polluted runoff from impervious cover. Water quality sampling completed during development of the Watershed Management Plan indicated areas with low dissolved oxygen, elevated phosphorus, and elevated chloride.
The City of South Portland and the Town of Cape Elizabeth have partnered with stakeholder groups to prepare a management plan and also received Phase I grant funding to begin management plan implementation.
The Town of Cape Elizabeth is the lead applicant for the Phase II grant. The Phase II grant features improvements to the watershed within Cape Elizabeth. The most exciting components of the Phase II grant are “on the ground” improvements to reduce the flow of pollutants into Trout Brook. These improvements will be installed on the Walnut Hill Equestrian Center and the Church of Latter Day Saints properties. Both property owners are full partners in the grant. The town has committed a $22,000 cash match plus in-kind services by the town planner and the Conservation Commission.
#2 Authorize a submission to the Planning Board
Some of the Phase II improvements will require Planning Board review, such as construction of a manure storage shed on the Walnut Hill Equestrian Center and construction of a gravel wetland spanning both the Walnut Hill site and the adjacent Church of Latter Day Saints site. Both of these property owners have submitted written support for the grant projects and will continue to be involved in the implementation of the grant. In order to start work during the 2014 construction season, it will be necessary to begin the Planning Board review at the March, 2014 workshop, pending grantor contract signatures.
#3 Approve amendment of the CFUP Program
The town’s cash match comes from a “Community Fee Utilization Program” (CFUP) adopted by the Town Council in 2007. The CFUP program was created to allow the town to collect a fee required by the Department of Environmental Protection (DEP). The Eastman Meadows Condominium project is located in the Trout Brook Urban Impaired Watershed and triggered DEP review under the Site Location of Development Law. When a development is located in an urban impaired watershed, it must either complete a stormwater mitigation project or pay a fee. Because potential mitigation projects in Cape Elizabeth are scarce, the mitigation project would likely have been located in South Portland if the fee program was not developed.
As part of the fee program, a list of projects for which fee monies can be used is required. The program should now be amended to include Trout Brook Management Plan implementation as an eligible expenditure. The DEP strongly supports the efforts to restore the Trout Brook Watershed and has indicated that a letter from the town requesting expansion of the CFUP should be adequate to qualify the cash match.
01:12:04 Item# 42-2014
Schools Organic Recycling
It is proposed to renew an agreement with Maine Waste Solutions to provide for recycling of food wastes within the schools.
01:16:50 Citizen Opportunity for Discussion of Items Not on the Agenda
01:16:55 Adjournment
The next scheduled town council meeting is March 10, 2014 at 7:00 p.m.
The town council will have a workshop meeting on February 24, 2014 at 7:00 p.m. to review updated Fort Williams Park arboretum plans and to review council goals. There will also be a procedural vote to enter executive session to complete the annual evaluation of the town manager.
Link to
Monthly Financial Report
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