Regular Meeting # 4-2010

Cape Elizabeth Town Hall

Monday, April 12, 2010

7:30 p.m.

00:10 Roll Call by the Town Clerk

Anne E. Swift-Kayatta, Chair 14 Stone Bridge Road 767-5754 12/2011
Frank J. Governali 18 Old Ocean House Road 799-5842 12/2010
Penelope A. Jordan 349 Fowler Road 671-5341 12/2010
Sara W. Lennon 54 Cranbrook Drive 741-5139 12/2012
David S. Sherman, Jr. 74 Hunts Point Road 749-2668 12/2011
Jessica L. Sullivan 38 Cranbrook Drive 774-0115 12/2012
James T. Walsh 23 Rock Crest Drive 799-6730 12/2012
00:23 The Pledge of Allegiance to the Flag
00:47 Town Council Reports and Correspondence
09:33 Citizen Opportunity for Discussion of Items Not on the Agenda

09:45 Town Manager’s Report
09:56 Review of Minutes of Meeting held March 8, 2010

Zoning Ordinance Amendments
Town Center Density
23:35 Public Hearing

24:10 Item# 42-2010 Zoning Ordinance Amendments
Town Center Density
The Town Council will consider public hearing comments and take action as it deems appropriate.

71:48 Item# 43-2010 Agricultural Uses Proposed Amendments
The Ordinance Committee has completed its review of the proposed amendments to the Zoning Ordinance relating to agricultural uses. It is proposed to schedule a public hearing for Monday, May 10, 2010 at 7:30 p.m. at the Town Hall.

79:40 Item# 44-2010 Municipal Open Space-Management Plan
A Town Council goal is to develop a management plan for the Town’s open space. The Town Planner and Councilor Sullivan have worked together to prepare a draft charge to the Conservation Commission to undertake this project.

91:34 Item# 45-2010 New Boat Storage Racks at Great Pond
The Conservation Commission has completed the construction of the new boat storage racks at Great Pond. It is proposed to have an annual fee of $20.00 for use of the racks with all proceeds to be placed in a general ledger account to support the boat storage program and to thank the Conservation Commission for their volunteer service in leading the effort to construct the racks.

97:20 Item# 46-2010 Downed Tree Policy on Municipal Property
A draft revised policy governing the handling of downed trees on municipal property has been prepared in order to bring the policy into compliance with the tree ordinance.

103:00 Item# 47-2010 Alewife Regulations
Each year the Town Council updates the alewife regulations. To our knowledge there has been no harvesting to date but the adoption of the regulations maintains the right to do so.

105:20 Item# 48-2010 Battery Blair
The Fort Williams Advisory Commission is asking permission to request private funding for a study of Battery Blair at Fort Williams Park.

115:15 Item# 49-2010 Revaluation/Equalization
The Assessor is proposing that we begin a revaluation program with the revised new valuation totals to be utilized with the taxes due beginning in October 2011.

133:35 Item# 50-2010 Cross Walk from Broad Cove Road to Rudys
The Planning Board has required the owner of Rudys to place a crosswalk across Route 77 from Broad Cove Road. MDOT does not allow crosswalks in areas where the speed limit is in excess of 35 mph. The speed limit in this section is 40 mph. The Town Council may determine if you wish to request MDOT to lower the speed limit to 35 mph along this section of road.

149:20 Item# 51-2010 Voting Process
The Town Clerk will present a report on the complicated absentee and regular voting process for the June 8th election.

169:45 Item# 52-2010 Municipal Financial Benchmarks 2009
It is proposed to acknowledge receipt of the municipal financial benchmarks study based on the audited June 30, 2009 financial statements.

171:55 Item# 53-2010 Quarterly Financial Reports
A Town Council goal is to quarterly review the municipal financial reports. The Town is in very good shape at the end of the third quarter. General fund revenues are anticipated to exceed budgeted levels on June 30, 2010 by approximately $227,000. Expenditures will be at least $230,000 below budgeted levels. The light winter saved an estimated $85,000.

175:00 Item# 54-2010 Appointments Committee Report
The Appointments Committee is recommending filling a vacancy on the Personnel Appeals Board.

168:40 Item# 55-2010 Berry Estate Easement Deed- Hannaford Cove Road
As part of the review of a new subdivision of land owned by the Estate of Henry N. Berry, III, it was discovered that a portion of Hannaford Cove Road as it exists and on the land of the Estate. The Planning Board, the Town Planner and the Town Attorney’s office worked with the Berry family to remedy the situation. The estate has offered the Town an easement for the road and related drainage appurtenances. It is recommended to accept the easement and to thank Henry N. Berry, IV, the Personal Representative of the Estate, for the offer of the easement.

176:30 Item# 56-2010 Executive Session Request
It is requested to enter into executive session to discuss the status of collective bargaining for a successor agreement with Local 340 of the Teamsters representing public works staff. (1 MRSA §405 6 D.)

176:01 Citizen Opportunity for Discussion of Items Not on the Agenda


Upcoming Meetings
Finance Committee with School Board May 6, 2010 7:30 p.m.
Regular Town Council Meeting May 10, 2010 7:30 p.m.
Finance Committee with School Board May 13, 2010 7:30 p.m.
Special Town Council Meeting May 13, 2010- Following Finance Committee
Town Council Meeting-Budget Public Hearing May 24, 2010 7:30 p.m.
Special Town Council Meeting-Budget Vote May 25, 2010 7:30 p.m.