CAPE ELIZABETH TOWN COUNCIL AGENDA
Regular Meeting # 15-2011
Cape Elizabeth Town Hall
Monday, November 14, 2011
7:30 p.m.

Roll Call by the Town Clerk
David S. Sherman, Jr., Chair Term Expires 12/2011 dsherman@dwmlaw.com
Frank J. Governali Term Expires 12/2013 frank.governali@capeelizabeth.org
Caitlin R. Jordan Term Expires 12/2013 caitlin.jordan@capeelizabeth.org
Sara W. Lennon Term Expires 12/2012 slennon@maine.rr.com
Jessica L. Sullivan Term Expires 12/2012 jsullivan08@maine.rr.com
Anne E. Swift-Kayatta Term Expires 12/2011 aeskay@maine.rr.com
James T. Walsh Term Expires 12/2012 jim.walsh@capeelizabeth.org

00:10 The Pledge of Allegiance to the Flag
00:30 Recognition of Anne E. Swift-Kayatta
10:36 Town Council Reports and Correspondence
11:15 Citizen Opportunity for Discussion of Items Not on the Agenda
11:36 Town Manager’s Report

15:07 Review of Draft Minutes of October 12, 2011 Meeting

17:24 Public Hearing: Proposed Rezoning of Turkey Hill Farm at 120 Old Ocean House Road and Loveitt Heirs Parcel behind Locksley Road from RB to RA


23:54 Item # 142-2011 Turkey Hill Farm
Draft: The Cape Elizabeth Town Council hereby amends the Official Zoning Map of the Town of Cape Elizabeth to change the lot located at Map R03-2 Lot 20 at 110 Old Ocean House Road known as Turkey Hill Farm from RB to RA.

24:55 Item # 143-2011 Loveitt Heirs Parcel
Draft: The Cape Elizabeth Town Council hereby amends the Official Zoning Map of the Town of Cape Elizabeth to change the portion of the lot located at Map R01-Lot 18A that is currently zoned as RB to RA.

Public Hearing: Proposed Consumer Fireworks Regulations

32:18 Item # 144-2011 Consumer Fireworks Regulations
Draft Motion: Ordered to adopt a new Article V of the Miscellaneous Offenses Ordinance regarding the use and sale of consumer fireworks.

Article V. Consumer Fireworks Regulations

Sec 12-5-1. Definitions The following definitions shall apply to this article:

Consumer Fireworks: Shall have the same meaning as in 27 Code of Federal Regulations, Section 555.11 or subsequent provision, but includes only products that are tested and certified by a 3rd party testing laboratory as conforming with United States Consumer Product Safety Commission standards, in accordance with 15 United States Code, Chapter 47. Consumer fireworks does not include missile type rockets, helicopter and aerial spinners, all as defined by the State Fire Marshal by rule. Nor does the definition include sky rockets and bottle rockets which for purposes of this section are defined as cylindrical tubes containing not more than 20 grams of chemical composition as defined by the State Fire Marshal by rule.

Display: An entertainment feature where the public or a private group is admitted or permitted to view a showing or discharge of fireworks or special effects.

Sec. 12-5-2. Consumer Fireworks Prohibited No person shall use, possess with the intent to use, sell, possess with the intent to sell or offer for sale consumer fireworks within the Town of Cape Elizabeth. This section does not apply to a person issued a fireworks display permit by the Town of Cape Elizabeth and/or by the State of Maine pursuant to 8 M.R.S.A. §227-A.

Sec. 12-5-3. Seizure and Disposal of Fireworks The Town may seize consumer fireworks that the Town has probable cause to believe are used, possessed or sold in violation of this Article and shall forfeit seized consumer fireworks to the Sate of Maine for disposal.

Sec. 12-5-4. Penalties

(a) Any person who uses consumer fireworks or possesses consumer fireworks with the intent for use in the town of Cape Elizabeth shall be punished by a fine of not less than two hundred dollars ($200.00) and not more than four hundred dollars ($400.00) plus costs. For second and subsequent offenses, a fine of not less than three hundred dollars ($300.00) and not more than six hundred dollars ($600.00) per violation plus costs shall be imposed.

(b) Any person who sells consumer fireworks or possesses consumer fireworks with the intent to sell in the town of Cape Elizabeth shall be punished by a fine of not less than five hundred dollars ($500.00) plus costs. For second and subsequent offenses, a fine of not less than one thousand dollars ($1000.00) per violation plus costs shall be imposed.

34:22 Public Hearing: Roosters

Item # 145-2011 Roosters
Draft Motion: Ordered to adopt draft amendments to Sec 12-1-2 of the Miscellaneous Offenses Ordinance regarding persons having charge of certain noisy animals.

Sec. 12-1-2. Animal Control.

(a) No owner or person having charge of any horse, cow, ox, swine, goat, chicken, rooster or other grazing animal shall turn such animal into, or permit the same to go at large in any street, highway or public place within the town, or onto private property without the permission of the property owner

(c) No owner or person having charge of any horse, cow, ox, swine, goat, chicken, rooster or other animal shall allow any loud noises from the animal which shall either annoy, disturb, injure, disturb the peace or otherwise deprive abutting property owners of the peaceful and quiet enjoyment of their property.




01:05:10 Public Hearing: Proposed Fee for Commercial Passenger Transportation Vehicles at Fort Williams Park

Item # 146-2011 Proposed Fee for Busses and Trolleys
The Fort Williams Advisory Commission made the following recommendation:

We determined that all tour buses, whether related to a cruise ship or arriving randomly, should be charged $40.00. We also determined the trolley company should be assessed a seasonal charge of $1,500 for each trolley. In the past we understand there have been 3 trolleys which made runs to Fort Williams from Commercial Street. Assuming last year's total of 784 buses, we would generate gross income of $31,360 from buses and $4,500 from trolleys, for a total of $35,860.

We further determined that we would not assess a charge for camp and recreation program buses. Since municipal rec. programs are not for profit operations, commission members felt we should not institute a fee for such visits. We also agreed not to charge the small buses and vans which may be operated by elderly care facilities such as Village Crossings, Piper Shores or the South Portland Housing Authority. This recommendation is for 2012.

Proposed Action: Ordered: the Cape Elizabeth Town Council hereby establishes a fee for commercial passenger transportation vehicles such as busses and trolleys for access to Fort Williams Park. The fee shall be $40.00 for each vehicle per access or a single identifiable bus or trolley may pay a $1,500 access fee for a calendar year. A commercial passenger transportation vehicle is defined as a vehicle with more than 16 seats which has riders who have paid a fee to any party for access to the vehicle. Passenger vehicles owned by governmental agencies including school departments or by elder care facilities are exempt. This fee shall not apply for vehicles used as part of a group use approved by the Town Council. For such group uses, the fee shall be an inclusive fee recognizing all impacts of the group use. . The town manager shall establish administrative procedures for ensuring maximum collection of amounts owed under this decision.

01:51:07 Break

01:56:17 Public Hearing: General Assistance Guidelines

Item # 147-2011 General Assistance Annual Update
Draft Motion: Ordered to adopt the new general assistance guidelines as recommended by the Maine Municipal Association

01:57:05 Item # 148-2011 Report of Open Space Management Study Committee (13 Mb file)
Link to Transmittal Memorandum
Draft Motion: Ordered to acknowledge receipt of the draft report of the Open Space Management Committee, to thank the committee for their work and to refer the draft “Management of Greenbelt and Open Space Plan” to a future Town Council workshop.

01:59:58 Item # 149-2011 Arts Commission
Draft Motion: The Cape Elizabeth Town Council hereby discontinues effective December 31, 2011, the appointed Arts Commission as an official town board and encourages the creation of an independent citizen group to promote the arts in our community. The Town Council entertains a recommended allocation in the manager’s proposed budget to help support the successor group. The town manager shall reach out to the current members of the Arts Commission to continue support for the arts during the period of transition to the new group and may provide previously appropriated funds to carry out activities during the transition period.



02:09:06 Item # 150-2011 Fort Williams Park Group Use Policy
The proposed amendment would add the following underlined language:

There shall be no alcoholic beverages consumed within the grounds at Fort Williams Park, unless approved by the Cape Elizabeth Town Council in conjunction with a Group Use Request.

Draft Motion: The Cape Elizabeth Town Council hereby adopts the updated Fort Williams Park group use policy as recommended by the Fort Williams Advisory Commission.

Item # 151-2011 Maine State Troopers Association Fort Williams Park Use Request
The Fort Williams Advisory Commission recommends the approval of the request of the Maine State Troopers Association (MSTA) to utilize the Parade Field of Fort Williams Park on Thursday, September 13, 2012 for a gathering of the National Troopers Coalition (NTC). That the MSTA will pay a fee to the Town of Cape Elizabeth in the amount of $3,600.00 and reimburse the Town of Cape Elizabeth for any personnel or material expenses incurred by the Town of Cape Elizabeth associated with the event.

Be it voted that the MSTA comply with the following requirements:

- That the MSTA hire a Cape Elizabeth Police Officer to monitor the entry/exit point throughout the event.
- That the event take place during the regular operating hours of the park.
- That the event is not open to the public.
- That beer and wine may be served with the following restrictions:
- That the beer and wine be served by an entity and/or individual that is licensed by
the State of Maine to serve such beverages off premises, with confirmation of this
to be provided in writing to the Town prior to the event.
- that all consumption and dispensing of alcohol be in compliance with the laws of
the State of Maine governing such.
- that an area be designated with approved signage and cordoned off with security
fencing to provide for guests to consume alcohol.
- that no individual be allowed to leave this designated area with any alcoholic
beverages.
- that all consumers be required to show proof if identification, if requested.
- that all beverage containers be collected in appropriate containers, along with all
other refuse and recyclable items.

- That all logistical issues, such as trash disposal, Porto-johns, parking coordination
and security be the responsibility of the MSTA.

- That the Town of Cape Elizabeth be provided a Certificate of Insurance (COI), listing
the Town as both "Certificate Holder" and "Additionally Insured" prior to the event.

02:27:55 Item # 152-2011 Acceptance of Property
Draft Motion: The Cape Elizabeth Town Council hereby accepts in accordance with the June 9, 2008 vote of the Town Council the pedestrian easement and open space land shown on the approved plan for Eastman Meadows.



02:29:31 Item # 153-2011 Review of Article VII, Section 6 of the Town Charter
Town Attorney Opinion
The Town Council discussed this topic at a workshop on November 7th. The Council Chair received a request to have this item on the agenda.

Citizen Opportunity for Discussion of Items Not on the Agenda


Item # 154-2011 Executive Session Request
It is recommended that the Town Council, in conformance with 1MRSA §405 6 F enter
executive session to review a request for a hardship abatement.

Adjournment

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.

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.