Regular Meeting # 1-2013

Cape Elizabeth Town Hall

Monday, December 10, 2012

7:00 p.m.


The meeting will be convened by Councilor David S. Sherman, Jr.


04:20 Roll Call by the Town Clerk

Frank J. Governali Term Expires 12/2013 frank.governali@capeelizabeth.org

Caitlin R. Jordan Term Expires 12/2013 caitlin.jordan@capeelizabeth.org

Katharine N. Ray Term Expires 12/2014 retbank@maine.rr.com

David S. Sherman, Jr. Term Expires 12/2014 dsherman@dwmlaw.com

Jessica L. Sullivan Term Expires 12/2015 jsullivan08@maine.rr.com

James R. "Jamie" Wagner Term Expires 12/2015 jamiewagnerlaw@gmail.com

James T. Walsh Term Expires 12/2015 jim.walsh@capeelizabeth.org


00:22 Oaths of Office Administered by the Town Clerk


Officials Elected November 6, 2012


Cape Elizabeth School Board


For Three Year Terms to Expire on December 14, 2015


John R. Christie, III

David C. Hillman

12:17 Mary K. Williams-Hewitt



Cape Elizabeth Town Council


For Three Year Terms to Expire on December 14, 2015


Jessica L. Sullivan

Jamie Wagner

James T. Walsh



05:30 The Pledge of Allegiance to the Flag

06:06 Town Council Reports and Correspondence

07:30 Citizen Opportunity for Discussion of Items Not on the Agenda

07:45 Town Manager’s Report

  • Update on Trails Maintenance Activities during 2012

  • 09:06 Review of Draft Town Council Minutes- November 14, 2012


    04:34 Item# 1-2013 Election of a Town Council Chair for Council Year 2013

    James T. Walsh

    On this and the other items relating to council organization, the
    names listed are the persons who appeared to be the consensus choices
    at the Town Council caucus.

    09:36 Item# 2-2013 Proposed Town Council Rules for 2013


    10:17 Item# 3-2013 Appointment of the Finance Committee

    Frank J. Governali as chairman and the Council as a whole to serve as the finance committee


    11:09 Item# 4-2013 Appointment of an Ordinance Committee




    Katharine N. Ray as chairman and David S. Sherman, Jr. and Jessica L. Sullivan as members





    11:46 Item# 5-2013 Appointment of an Appointments Committee




    Jessica L. Sullivan as chairman and Frank J. Governali,
    Caitlin R. Jordan and Jamie Wagner as members (Council rules provide
    that each council member shall serve on either the Appointments
    Committee or the Ordinance Committee and the Council Chairman shall be
    an ex-officio member of both committees)


    13:40 Consent Agenda

    Items # 6-15 will be considered en bloc. The council
    chair will entertain a single motion to approve Items # 6-15. Any
    councilor may request for any item to be removed from the consent list
    and be separately voted.


    Item# 6-2013 Appointment of Representatives to ecomaine Board of Directors

    David S. Sherman, Jr. and Michael K. McGovern for terms to expire on December 31, 2013


    Item# 7-2013 Appointment of Representative to Greater Portland Council of Governments Executive Committee


    James T. Walsh



    Item# 8-2013 Appointment of Representative and Alternate to Greater Portland Council of Governments General Assembly


    James T. Walsh


    Caitlin R. Jordan, Alternate





    Item# 9-2013 Appointment of Representative to PACTS Policy Committee



    Michael K. McGovern



    Item# 10-2013 Appointment of Representative to MMA Legislative Policy Committee and MMA Convention Delegate


    Katharine N. Ray



    Item# 11-2013 Appointment of Representative to Thomas Memorial Library Foundation

    Jessica L. Sullivan


    Item# 12-2013 Appointment of Representative to Greater Portland Economic Development Corporation


    Jamie Wagner



    Item# 13-2013 Appointment of Registrar of Voters

    State law (Title 21-A Section 101.2) requires the municipal
    officers to appoint a qualified registrar by January 1st of each
    odd-numbered year. The appointment is for 2 years and until a successor
    is appointed and sworn. Currently Debra Lane is the registrar with a
    term expiring January 1, 2013.

    The town manager recommends Debra M. Lane for a new term as registrar to expire on January 1, 2015.


    Item# 14-2013 Designation of Town Council Liaisons to Boards and Commissions




    for 2013


    The responsibility of a Town Council Liaison in 2013 includes the following:





    A liaison is not a committee member and does not participate in any votes.


    Board 2013 Town Council Liaison

    Community Services Advisory Commission Frank J. Governali

    Conservation Commission Jamie Wagner

    Fort Williams Advisory Commission James T. Walsh

    Local Legislative Delegation James T. Walsh and Jamie Wagner

    Planning Board Katherine N. Ray

    Recycling Committee Caitlin R. Jordan

    Riverside Memorial Cemetery Trustees Frank J. Governali

    Thomas Memorial Library Trustees Jessica L. Sullivan

    Zoning Board of Appeals David S. Sherman, Jr.

    School Board Katherine N. Ray

    Family Fun Day Volunteers Jamie Wagner





    Item# 15-2013 Schedule of Council Meetings for 2013




    The following dates are the planned dates for Council meetings in 2013. Please check the meeting schedule at www.capeelizabeth.com for updates and specific agendas.




    14:22 Public Hearing Personnel Code Proposed Amendment





    14:52 Item# 16-2013 Personnel Code Proposed Amendment




    The Personnel Code provides that the Town of Cape Elizabeth
    offers regular employees a section 125 flexible spending account plan
    for health related spending and dependent care. The federal rules for
    such plans are changing effective January 1, 2013 whereby the annual
    maximum of medical reimbursement for an individual is $2,500 and will
    thereafter be indexed for inflation. The town personnel code presently
    permits up to $3,000.


    The following amendment to Sec 3-2-11 of the Personnel Code is proposed:


    Sec 3-2-11






      1. Section 125 Plan







    The Town of Cape Elizabeth offers a Section 125 Plan reimbursement account through Horace Mann Insurance. Maine School Management Association. The Town may choose another provider at its option. Medical expense reimbursement accounts are limited to the maximum permitted under federal law. $3000 per year. Dependent care reimbursement accounts are limited to $5,000 per calendar year per family but may be lower if the maximum allowed by federal law is less than $5,000. The enrollment period for this program occurs once annually or on the initial hire date. (Rev. Eff. 01/10/11)

    .


    15:22 Public Hearing General Assistance Annual Update





    15:40 Item# 17-2013 Annual Update of General Assistance Appendices

    Each year the town is asked by the state to update annual general assistance appendices.


    16:07 Item# 18-2013 Purpoodock Club Annual Beverage Licenses




    Draft Motion: Ordered the Cape Elizabeth Town Council
    approves the malt, vinous, spirituous liquor license and Special
    Amusement Permit for the Purpoodock Club 300 Spurwink Avenue as
    presented.





    17:03 Item# 19-2013 Annual Acceptance of Gifts to the Town




    Draft Motion: Ordered the Cape Elizabeth Town Council accepts
    with gratitude gifts given to the Town of Cape Elizabeth during 2012.





    17:48 Item# 20-2013 Boundary Surveys Report from the Ordinance Committee




    Draft Motion: Ordered the Cape Elizabeth Town Council sets a
    public hearing for Monday, January 7, 2013 at 7:00 p.m. at the Cape
    Elizabeth Town Hall on proposed amendments to the Zoning Ordinance which
    would establish standards on instances when the code enforcement
    officer shall require standard boundary surveys as part of building
    permit applications





    18:34 Item# 21-2013 Proposed Amendments to the Sign Ordinance




    Draft Motion: Ordered the Cape Elizabeth Town Council sets a
    public hearing for Monday, January 7, 2013 at 7:00 p.m. at the Cape
    Elizabeth Town Hall on proposed amendments to the Sign Ordinance.






    28:21 Item# 22-2013 Miscellaneous Offenses Ordinance Amendments





    Draft Motion: Ordered the Cape Elizabeth Town Council sets a
    public hearing for Monday, January 7, 2013 at 7:00 p.m. at the Cape
    Elizabeth Town Hall on proposed amendments to the Miscellaneous Offenses
    Ordinance.





    28:59 Item# 23-2013 Proposed Short Term Rentals Permit Fee




    Draft Motion: Ordered the Cape Elizabeth Town Council in
    conformance with Sec 19-8-14 C. 2 of the Zoning Ordinance hereby sets an
    annual fee for short term rental permits of $50.00 per unit rented.





    31:48 Item# 24-2013 Building Permit Notifications




    Draft Motion: Ordered the Cape Elizabeth Town Council hereby
    requests the Ordinance Committee to review notification issues upon the
    issuance of building permits.





    32:47 Item# 25-2013 Property Tax Relief Programs




    Draft Motion: Ordered the Cape Elizabeth Town Council hereby
    requests the Ordinance Committee to review programs relating to property
    tax relief.





    33:26 Item# 26-2013 Appointments Committee Report




    The Appointments Committee recommends the following appointments to boards and commissions:


    Italics denotes new appointment, all others are reappointments

    Board of Assessment Review


    John McAnuff 65 Stonybrook Road Term Expires 12/21//2015


    Conservation Commission

    Marti Blair 3 Cedar Ledge Road Term Expires 12/31/2015



    Mitch Wacksman 9 Bayberry Lane Term Expires 12/31/2015

    Fort Williams Advisory Commission


    Gregg Frame 4 Dermot Drive Term Expires 12/31/2015


    Erin Grady 2 Emerald Way Term Expires 12/31/2015

    Personnel Appeals Board

    Dawn M. Harmon 9 Blueberry Road Term Expires 12/31/2015

    Planning Board

    Liza Quinn 24 Ocean View Road Term Expires 12/31/2015

    Carol Anne Jordan 21 Wells Road Term Expires 12/31/2015

    Victoria Volent 58 Cottage Farms Road Term Expires 12/31/2015

    Recycling Committee

    Jamie Garvin 76 Oakhurst Road Term Expires 12/31/2015

    Jessica D. Simpson 3 Manter Street Term Expires 12/31/2015

    Riverside Cemetery Trustees

    Jessie Timberlake 19 Hunts Point Road Term Expires 12/31/2015

    Thomas Memorial Library Trustees

    Judith McManamy 6 Campion Road Term Expires 12/31/2015

    Lee Rutty 1 Birchwood Road Term Expires 12/31/2015

    Zoning Board of Appeals

    Barry D. Hoffman 291 Spurwink Avenue Term Expires 12/31/2015


    Matthew Caton 88A Two Lights Road Term Expires 12/31/2015





    Thank you to Christopher C. Lynch who has served the maximum
    number of terms on the Board of Assessment Review, to Daniel S. Chase
    who has served the maximum number of years on the Fort Williams Advisory
    Commission and to David Johnson who did not seek reappointment to the
    Zoning Board of Appeals.


    Thank you to Wyman Briggs, Brian Denison, Frank Governali,
    Ted Hawkes, Peter Ingraham, Alan Lishness, David Whitten, Mary K.
    Williams-Hewitt and Chairman Bill Slack for their service as members of
    the Alternative Energy Committee. The committee was appointed on October
    10, 2007 and is completing their work effective December 31, 2012.
    Thank you to Ernie MacVane and Greg Marles for staffing the committee.


    Thank you to Richard Bauman, Carol Ann Jordan, Caitlin Jordan,
    Jessica Sullivan, Frank Governali, Wayne A. Brooking, Jr., Craig Cooper,
    Bo Norris, Chris Franklin and Chairman John Greene for their service as
    members of the Future Open Space Preservation Committee. The committee
    was appointed in early 2011 and is completing its work effective
    December 31, 2012. Thank you to Maureen O’Meara for staffing the
    committee.


    39:22 Discussion of Draft Goals for 2013




    43:33 Citizen Opportunity for Discussion of Items Not on the Agenda





    43:46 Adjournment



    Link to November 30, 2012 Financial Reports




    Public Participation at Town Council Meetings



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