CAPE ELIZABETH TOWN COUNCIL AGENDA
Regular Meeting # 4-2014
Cape Elizabeth Town Hall
Monday, March 10, 2014
7:00 p.m.
01:53 Roll Call by the Town Clerk
02:09 The Pledge of Allegiance to the Flag
02:58 Town Council Reports and Correspondence
04:05 Finance Committee Report
04:25 Citizen Opportunity for Discussion of Items Not on the Agenda
04:40 Town Manager’s Monthly Report
04:55 Review of Draft Minutes of
February 10, 2014 meeting
05:27 Public Hearing:
Proposed Shooting Range Ordinance
49:44 Item# 43-2014
Draft Shooting Range Ordinance
The town council will consider public hearing comments on a proposed Shooting Range Ordinance.
Draft Motion:
The Cape Elizabeth Town Council having held a public hearing on Monday, March 10, 2014 hereby makes the following findings and adopts a new Chapter 24 of the Revised Official Code of Ordinances of the Town of Cape Elizabeth, said ordinance being the January 24, 2014 draft recommended by the Ordinance Committee and entitled, “Shooting Range Ordinance,” a copy of which is to be attached to the minutes of this meeting and which shall be filed with the Maine Commissioner of the Department of Inland Fisheries and Wildlife.
- The 1941 Cape Elizabeth By-Laws, regarding disturbing the peace, readopted in 1951, as amended March 14, 1955 regulated noise while concurrently authorizing shooting ranges approved by the municipal officers. The implication is that the sounds generated at a shooting range were considered in compliance with existing noise regulations.
2. The Spurwink Rod and Gun Club was established in the Town of Cape Elizabeth in 1954/1955 and was thereafter authorized by the municipal officers.
3. Chapter 9 of the current Cape Elizabeth Code of Ordinances at
Section 9-1-1 allows the discharge of firearms at the Spurwink Rod and Gun Club.
4. State law pre-empts municipalities from adopting noise ordinances that limit or prohibit shooting activities that have occurred on a regular basis at a shooting range prior to enactment.
See 30-A M.R.S.A. § 3011(2).
5. State law does not pre-empt the regulation of new shooting ranges or expansion of uses at existing shooting ranges.
6. Expansion of uses at existing shooting ranges may include, but is not limited to, physical expansion, increased hours of operation, expansion in the type of shooting and expansion in the type of firearms discharged.
7. The Town is not obligated to license shooting ranges, but may elect to do so to protect public safety.
8. Public safety mandates that any shooting range must operate with 100% shot containment.
9. Bullets have been found in homes in the neighborhood abutting the Spurwink Rod and Gun Club.
10. The draft Shooting Range Ordinance includes standards from the NRA Source Book regarding both noise and public safety.
11. It is the Town Council’s intent to work with the existing shooting range to meet its licensing requirements in a manner that prioritizes public safety and secondarily moderates the financial impact on the club.
12. Phasing does not eliminate the requirement to meet standards and can be used by the applicant to create a multi-step improvement program, subject to approval by the Town Council.
13. Exceptions are provided for in the ordinance to provide flexibility while still meeting public safety requirements.
14. It is the Town Council’s intent that a professional range safety evaluation be conducted as part of the license application.
15. Annual licensing will insure continuing municipal oversight of both public safety and noise mitigation at shooting ranges.
01:40:00 Item# 44-2014 Arboretum at Fort Williams Park Approvals
Draft Motion: The Cape Elizabeth Town Council having received a recommendation from the Fort Williams Advisory Commission and having reviewed the plans at a workshop meeting on Monday, February 24, 2014 does hereby approve the Fort Williams Charitable Foundation’s plans for two sites at Fort Williams Park for the
"lighthouse view" site and for the proposed
"Children's Garden." site.
01:41:38 Item# 45-2014 Fort Williams Park
Group Use Request
Draft Motion: The Cape Elizabeth Town Council hereby approves the Fort Williams Advisory Commission’s recommendation to permit St. Alban’s Episcopal Church to have a worship service at Fort Williams Park on Sunday, June 22, 2014 commemorating the exact date of the centennial of St. Alban’s in Cape Elizabeth.
01:42:50 Item# 46-2014
Storage Space Lease at Building # 326 in Fort Williams Park
Draft Motion: The Cape Elizabeth Town Council hereby approves the lease of storage space in Building # 326 at Fort Williams Park to
Behavioral Health Resources, Inc. for a three year term beginning March 1, 2014
01:43:55 Item# 47-2014
Proposed Amendment to the Ordinances Regarding Smoking at Fort Williams Park
Draft Motion: The Cape Elizabeth Town Council hereby sets a public hearing for Monday, April 14, 2014 at 7:00 p.m. at the Cape Elizabeth Town Hall on a proposed amendment to Chapter 12 of the Revised Official Code of Ordinances of the Town of Cape Elizabeth which would have the effect of banning smoking within Fort Williams Park.
01:46:00 Item# 48-2014
School Boiler Project
Draft Motion: The Cape Elizabeth Town Council hereby authorizes the town manager to apply to the Cape Elizabeth Planning Board and to the Maine Department of Environment Protection for permits needed to update the boiler serving Pond Cove School and the Cape Elizabeth Middle School.
01:48:00 Item# 49-2014
Appointments
Draft Motion: The Cape Elizabeth Town Council hereby appoints the following citizens to the indicated committee:
Senior Citizens Advisory Commission- Appointed through December 31, 2014.
Elizabeth Baillie 18 Fessenden Road
Patricia Bredenberg 8 Fox Hill Road
William Marshall 10 Wildwood Drive
Bruce Nelson 890 Shore Road
June O’Neill 10 Clinton Road
Barbara Page 32 Starboard Drive
Brett Seekins 4 High Bluff Road
Thomas Memorial Library Trustees
Term is effective immediately and expires December 31, 2014
Gil Brennan 4 Baker Road
01:50:24 Item# 50-2014 Annual Budget
Draft Motion: The Cape Elizabeth Town Council hereby refers the town manager’s proposed Fiscal Year 2015 budget to the finance committee.
See:
2015 Budget Page
01:51:14 Citizen Opportunity for Discussion of Items Not on the Agenda
01:51:26 Item# 51-2014 Proposed Executive Session
Draft Motion: The Cape Elizabeth Town Council hereby enters into executive session in conformance with 1 MRSA 405 6 A. and F to continue the evaluation of the town manager and to consider a request for a poverty abatement under 36 MRSA Sec. 841.
Adjournment
Link to
Monthly Financial Report
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