Regular Meeting # 14-2010

Cape Elizabeth Town Hall
Monday, November 8, 2010

7:30 p.m.

00:11 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

00:24 The Pledge of Allegiance to the Flag
00:48 Town Council Reports and Correspondence
08:54 Citizen Opportunity for Discussion of Items Not on the Agenda
09:15 Town Manager’s Report
11:44 Review Minutes of October 13, 2010 Meeting

12:14 Public Hearing: General Assistance Appendices

12:57 Item# 121-2010 General Assistance Annual Appendices
The Town Council will consider approving the annual update of appendices.

13:30 Item # 122-2010 Columbus Road Rink Request
The Town has received a request to install a temporary skating rink on the town owned parkland on Columbus Road near its intersection with Mitchell Road .

32:07 Item# 123-2010 Draft Resolution Regarding Smart Meters
A draft resolution has been prepared regarding Central Maine Power’s installation of smart meters.

01:08:32 Item# 124-2010 Metro Coalition Initiative Relating to Regional Economic Development
The Metro Coalition is inviting Cape Elizabeth to be a participant in their regional economic development initiative. It is not anticipated that this would lead to development proposals in Cape Elizabeth but Cape Elizabeth would participate in the dialogue.

01:19:52 Item# 125-2010 Proposed PACE Ordinance
The Ordinance Committee is recommending a proposed ordinance to enable citizens to participate in a federal/state program administered by the Maine Efficiency Trust that would assist residents with receiving loans for energy efficiency improvements. It is recommended a public hearing be set for December 13, 2010 at 7:30 p.m.

01:28:21 Item# 126-2010 Ordinance Committee Public Participation Provisions
The Ordinance Committee has prepared proposed public participation provisions for its meetings and is requesting Town Council approval.

01:30:25 Item# 127-2010 Planning Board Revised Rules
The Planning Board has approved new rules of procedure for the conduct of their meetings and is requesting Town Council approval. Sec. 4-1-3 of the Code of Ordinances provides that by-laws of boards and commissions become effective upon Town Council approval.

01:43:15 Item # 128-2010 Municipal Operations Review Committee
It is recommended to receive the report of the Municipal Operations Review Committee and to thank the committee for their work.

01:49:21 Item # 129-2010 Alternative Energy Committee Charge
The Alternative Energy Committee is due to expire on December 31, 2010. It is proposed to extend the committee through the end of 2011.

01:51:36 Item # 130-2010 Arboretum Grant
The Fort Williams Park Arboretum has received a grant for $3,969 from Project Canopy. It is proposed to accept the grant.

01:52:43 Item # 131-2010 Riverside Cemetery Trustees
The Appointments Committee is recommending the Statement of Policy for Boards and Commissions be amended to permit members of the Trustees of Riverside Cemetery to serve up to three full terms instead of two.

01:54:28 Item # 132-2010 Donald Richards Pool
The timing system at the Donald Richards Pool is malfunctioning after ten years of service. It is proposed to spend up to $7,000 for repairs within the existing appropriation in the capital improvement section of the budget. (710 accounts). The new pool director has also identified an opportunity to purchase a safe inflatable device for the pool. It is believed that these device will pay for itself in two years with additional pool rentals and pool use. The cost is $8,000 and it is also recommended to authorize this purchase through the capital improvement section of the budget. (710 accounts)

02:06:16 Item # 133-2010 Pay Per Throw/Pay Per Bag
It is recommended the Town Council confirm its intent to not implement pay per throw at this time.

02:08:00 Item # 134-2010 Comprehensive Plan Implementation
It is recommended to confirm the intent regarding Comprehensive Plan implementation as outlined in the report of the Ordinance Committee attached to the minutes.

02:11:06 Item # 135-2010 Lease of Upstairs at 343 Ocean House Road
We have a prospective residential tenant for the upstairs space at the building in front of the community center. It is recommended to authorize the Town Manager to execute a lease with a rent of $800 per

02:14:10 Item # 136-2010 Proposed Picnic Shelter Fee Increase
The Fort Williams Advisory Commission has recommended changes in a couple of miscellaneous fees at Fort Williams Park.

02:15:39 Citizen Opportunity for Discussion of Items Not on the Agenda
- Town Manager's explanation of status of Shore Road Pathway funding

02:22:55 Upcoming Meetings
Town Council Workshop Re: Council Goal Setting December 6, 2010 7:30 p.m.
Regular Town Council Meeting December 13, 2010 7:30 p.m.
Council Orientation and Council Caucus To Be Scheduled

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 Council. 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.

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.