Cape Elizabeth Town Council Agenda
Monday, December 11, 2017
7:00 p.m.
Cape Elizabeth Town Hall

James M. "Jamie" Garvin
                Caitlin R. Jordan
Penelope A. Jordan
Sara W. Lennon
Valerie A. Randall
Christopher M. Straw
Jessica L. Sullivan

 

00:04 Convening of the Meeting by James M. “Jamie” Garvin

00:21 Administration of Oaths by the Town Clerk Debra M. Lane

Oaths of Office for Elected Officials Elected on November 7, 2017

00:31 Cape Elizabeth Town Council
Valerie A. Randall
Christopher M. Straw

01:56 Cape Elizabeth School Board
Mohammad N. Shir
Hope E. Straw

For Reference  – Link to List of Selectmen and Town Council Members

01:35 Roll Call by the Town Clerk

03:32 The Pledge of Allegiance to the Flag

04:17 Item# 1-2018              Election of Town Council Chair
   

The caucus recommends Jessica L. Sullivan.

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 held on November 13, 2017.

07:40 Recognition of Outgoing Chairman James M. “Jamie” Garvin

10:28 Item #2-2018              Conflict of Interest – Spouses Serving on the Town Council and School Board Simultaneously

On November 7, 2017 Christopher Straw was elected to the town council and his wife Hope Straw was elected to the school board. Mr. Straw has asked for “an official position from the Town with respect to both the present situation and for any future potential candidates.”

Link to Request from Mr. Straw and Letter from Town Attorney Thomas Leahy.

Is a person disqualified to serve as a member of the Town Council if the person’s spouse simultaneously serves on the Cape Elizabeth School Board?

If the person is not disqualified, may the person participate, deliberate and vote, with the town council when the school board presents its’ annual budget?

28:37 Town Council Reports and Correspondence

30:26 Finance Committee Report
Financial Reports and Dashboard

33:32 Citizen Opportunity for Discussion of Items Not on the Agenda

35:18 Town Manager’s Monthly Report

38:12       Review of Draft Minutes of November 6, 2017 meeting.

      Link to Results of Caucus Held November 13, 2017

38:38 Item# 3-2018              Adoption of Town Council Rules
  
47:26 Item# 4-2018              Appointment of the Finance Committee

James M. “Jamie” Garvin as chairman and the Council as a whole to serve as the finance committee.

57:01 Item# 5-2018              Appointment of Ordinance Committee

Penelope A. Jordan as chairman and Caitlin R. Jordan and Valerie A. Randall as members.

 

57:28 Item# 6-2018              Appointment of an Appointments Committee

Sara W. Lennon as chairman and James M. “Jamie” Garvin and Christopher M. Straw as members.

58:31 Consent Agenda

Items # 7-16 will be considered en bloc.  The council chairman will entertain a single motion to approve Items # 6-16.  Any councilor may request for any item to be removed from the consent list and be separately voted.

Item# 7-2018              Appointment of Representatives to ecomaine Board of Directors

James M. “Jamie” Garvin and Matthew E. Sturgis for terms to expire on December 31, 2018.

Item# 8-2018              Appointment of Representative to Greater Portland Council of General Assembly, Metro Coalition and Executive Committee

Jessica L. Sullivan, General Assembly and Metro Coalition
Matthew E. Sturgis, Executive Committee

Item# 9-2018             Appointment of Representative to PACTS Policy Committee

Matthew E. Sturgis

Item# 10-2018            Appointment of Representative to MMA Legislative Policy Committee and MMA Convention Delegate

Christopher M. Straw for a term until December 2018.

Item# 11-2018            Appointment of Representative to Thomas Memorial Library Foundation

James M. “Jamie” Garvin

Item# 12-2018            Appointment of Representative to Greater Portland Economic Development Corporation

Valerie A. Randall

Item# 13-2018            Appointment of Representative to Portland Jetport Noise Advisory Committee

Sara W. Lennon

Item# 14-2018            Appointment of Representatives to Thomas Jordan Grants Subcommittee

Caitlin R. Jordan to 12/2020
Penelope A. Jordan to 12/2019
Sara W. Lennon to 12/2018

 

 

Item# 15-2018            Appointment of Vice Chair of Museum at Portland Head Light

James M. “Jamie” Garvin
Council Chairman Jessica L. Sullivan is chairman per the by-laws.  

59:56 Item #16-2018            Continued Service on Comprehensive Plan Committee and Harbors Committee

The council caucus confirmed the continued service on the following ad hoc committees:

Comprehensive Plan Committee
Penelope A. Jordan
Sara W. Lennon

Harbors Committee
Caitlin R. Jordan
Katharine N. Ray, Former Town Councilor

01:08:35 Item# 17-2018            Code of Ethics

Town Council Rules provide that each council member will annually sign an attestation that they have read and understand the Council Code of Ethics. 

01:10:30 Item# 18-2018            Schedule of Council Meetings for 2018

It is recommended to approve the following regular, special and workshop meeting dates for the
council year 2018. Council meetings and workshops are included in the meetings calendar on the
town’s website. Any changes including date, time and place will be noted on the calendar.

Links to 2018 Meeting Schedule and Budget Review Schedule for FY 2019

            Regular and Special meetings                                                   Workshop

            December 11, 2017 (Regular Meeting and Organizational Meeting for 2018)      December 14, 2017 (Council Goals and FOAA)
January 8, 2018                                                                         January 17, 2018
February 12, 2018                                                                     February 6, 2018
March 12, 2018                                                                         March 20 and 21, 2018 (Budget Workshops)
April 9, 2018 (Regular Meeting and Opportunity for Budget Public Comments)     April 24* and 25, 2018 (Budget Workshops)
May 7, 2018 (Special Council Meeting – Budget Public Hearing)                May 1, 2018
May 14, 2018 (Regular Meeting and Vote on the FY 2019 Budget)
June 11, 2018                                                                            June 5, 2018
July 9, 2018
August 13, 2018                                               
September 10, 2018                                                                   September 6, 2018
October 10, 2018 (Wednesday)                                                  October 2, 2018
November 14, 2018 (Wednesday)                                               November 13, 2018 (Organizational Caucus for 2019)
December 10, 2018 (Regular Meeting and Organizational Meeting for 2019)      December 13, 2018 (Council Goals and FOAA)                                    
                                                                                                *4/24/2018 Budget presentation from the School Board

 

 

Public Hearing           Change to the Off-Leash Area in Fort Williams Park

On October 11 the town council referred to the ordinance committee a recommendation of the Fort
Williams Park Committee to change the existing delineation of the off-leash area in Fort
Williams Park, Chapter 7 Dogs Section 7-1-7 Dogs to be Restrained on Municipal Property.

A public hearing was scheduled on November 6, 2017 for December 11, 2017.

01:10:59 Item #19-2018            Change to the Off-Lease Area in Fort Williams Park

Link to Recommendation from the Ordinance Committee

Following the public hearing the town council may adopt, refer back to the ordinance committee for
further review or refer the vote to the regular meeting on January 8, 2018.

01:47:45 Item #20-2018            Fort Williams Park Food Vending Sites Recommended Changes

Link to Draft Minutes Fort Williams Park Committee November 16, 2017

The Fort Williams Park Committee met on November 16 and discussed changes to the Fort Williams
Park Vending Site requirements in preparation for obtaining requests for proposals for the 2018
season.

The Fort Williams Park Committee recommends the following changes to the minimum bid and site
sizes:

Vendor Permit Fee

4/1/2018 – 11/18/2018                                                                                        Recommended Change
Permit 1     Site A – PHL South                     Minimum Bid $4000 to          $2,000
Permit 2     Site B – PHL North*                   Minimum Bid $4000 to          $4,500
Permit 3     Site C – Channel Overlook*        Minimum Bid $4000 to          $4,500
Permit 4     Site D – Ship Cove                      Minimum Bid $3000 to          $2,000
*Includes Power

Concession Site Size

Concession unit square footage limitations for each site:
                                                            Recommended Change
Site A      90 sq. ft. to             50 sq. ft.
Site B      90 sq. ft. to             90 sq. ft.
Site C      90 sq. ft. to             90 sq. ft.
Site D      90 sq. ft. to             50 sq. ft.

 

 

 

 

01:56:56 Item #21-2018            Request from the Cape Elizabeth Land Trust for Funds for Robinson Woods III

Link to Request and Survey

The Town has received a request from the Cape Elizabeth Land Trust for funding to assist with the
purchase of 51.9 acres abutting the Robinson Woods Preserve. The purchase price is $845,000. CELT
is requesting a contribution from the Town of $281,666 or one-third of the asking price.

It is recommended the request be referred to a future workshop.

02:11:03 Item #22-2018            Consideration of Authorizing Funds to Enter into an Agreement with Good Group Decisions to Moderate Paper Streets Discussion

The town council voted on November 6, 2017 to hold facilitated discussions on paper streets and directed the town manager to provide a proposal.

The town manager recommends entering into an agreement with Good Group Decisions to moderate discussions related to the continued discussion of paper streets (Atlantic Place, Surfside Avenue and Lighthouse Point Road). It is further recommended the town council authorize the expense of up to $2,506 from account 0150-2081 (Special Committees) to fund the recommendation.

02:40:58 Item# 23-2018            Appointments to Boards and Committees

For Reference - Link to Boards and Committees Reference Documents
Link to Appointments Committee Recommendations

The Appointments Committee recommends the following appointments to boards and committees with new terms beginning January 1, 2018.

Board	FirstName	LastName	TermExpires	Recommendation	Address	TermExpires
Board of Assessment Review	Michael R.	Connell	12/31/2017	Michael R. Connell	6 Gladys Road	12/31/2020
Community Services Committee	Tara	Simpoloulos	12/31/2017	Tara Simpoloulos	19 Salt Spray Lane	12/31/2020
Community Services Committee	Joseph	Whalen	12/31/2017	Jonathan Mortimer	160 Mitchell Road	12/31/2020
Conservation Committee	Mark	Fleming	12/31/2017	Mark Fleming	54 Hunts Point Road	12/31/2020
Conservation Committee	Jeremy	Gabrielson	12/31/2017	Jeremy Gabrielson	5 Rocky Knoll Road	12/31/2020
Firing Range Committee	Town Council		Appointed	12/12/2016
Fort Williams Park Committee	Joseph	Kozlowski	12/31/2017	Joseph Kozlowski	31 Park Circle	12/31/2020
Fort Williams Park Committee	Suzanne	McGinn	12/31/2017	Suzanne McGinn	1180 Shore Road	12/31/2020
Fort Williams Park Committee	Chris	Straw	12/31/2017	Doreen Johnson Theriault	8 Hunts Point Road	12/31/2020
Personnel Appeals Board	Patricia	Rzeszutko	12/31/2017	Patricia Rzeszutko	6 Waumbek Road	12/31/2020
Planning Board	Josef	Chalat	12/31/2017	Josef Chalat	12 Channel View Road	12/31/2020
Planning Board	Peter L.	Curry	12/31/2017	Peter L. Curry	8 Stonybrook Road	12/31/2020
	Henry	Steinberg	12/31/2019	John C. Thibodeau	21 Salt Spray Lane	12/31/2019
Recycling Committee	Tracy	Floyd	12/31/2017	Nicole Boucher	14 Grover Road	12/31/2020
Recycling Committee	Jennifer H.	MacDonald	12/31/2017	Jennifer H. MacDonald	5 Olde Colony Lane	12/31/2020
Riverside Cemetery Committee	Gerald B.	Sherry*	12/31/2017	April Powell	231 Fowler Road	12/31/2020
Thomas Memorial Library Committee	Gil	Brennan	12/31/2017	Megan Cotter	5 Thrasher Road	12/31/2020
Thomas Memorial Library Committee	Julia	Bassett Schwerin	12/31/2017	Sigrid Olson	12 Ocean View Road	12/31/2020
	Deborah	Peck	12/31/2018	Kathleen Kent	74 Wells Road	12/31/2018
Board of Zoning Appeals	Josh	Carver	12/31/2017	Kevin Justh	9 Spruce Lane	12/31/2020
Board of Zoning Appeals	Stanley	Wisniewski	12/31/2017	Timothy Lunney	52 Richmond Terrace	12/31/2020
*Termed Out

 

03:21:16 Item# 24-2017            Purpoodock Club Licenses

It is proposed to approve the annual malt, vinous, and spirituous licenses and the mobile service bar license and special amusement permits for the Purpoodock Club located at 300 Spurwink Avenue.

03:25:04 Item# 25-2017            Bird Dog Roadhouse License

It is proposed to approve the annual malt, vinous, and spirituous licenses for Cape Hospitality Group DBA Bird Dog Roadhouse at 517 Ocean House Road.

03:26:43 Item# 26-2017            Acceptance of Annual Gifts and Donations

Link to Gift List

It is proposed to accept gifts/donations received in 2017 with appreciation.

03:29:40 Item #27-2018            Consideration of a Standing Renewable Energy Committee

            Link to Recommendation from the Ordinance Committee
            Link to Draft Chapter 4 Boards and Committees

A recommendation of the ad-hoc Alternative Energy Committee to create a standing renewal energy committee was reviewed by the town council at the 5/1/2017 and 10/2/2017 workshops. At the October council meeting the recommendation was referred to the ordinance committee for review.

The town council may refer back to the ordinance committee for further review, refer to workshop for further discussion or set a public hearing.

 

 

 

 

03:32:58 Item #28-2018                        Request of the Harbors Committee to Extend the Deadline

The Harbors Committee is an ad-hoc committee established by the town council October 5, 2016, with an amendment to the charge on April 10, 2017. The charge provided for the committee to complete its work and report to the town council by 12/31/2017. In order to complete its work the Harbors Committee voted on November 28 to request the town council to extend the term until March 31, 2018.

It is recommended the town council extend the expiration of the Harbors Committee term to March 31, 2018. It is further recommended the town council approve the transfer of $5,000 from the Undesignated Fund Balance to 0715-5313 (Harbors Committee) to cover the additional expenses of the extended deadline.

03:40:37 Item #29-2018                        Executive Session – Request for Poverty Tax Abatement
               
It is recommended the town council consider entering into executive session to discuss the request for a poverty tax abatement.

            Suggested Motion:

ORDERED, the Cape Elizabeth Town Council votes to enter into executive session in conformance with 1 MRSA §405 6 F to review a request for a poverty tax abatement.

03:36:14 Citizens may at this point in the meeting raise any topic that is not on the agenda that pertains to Cape Elizabeth local government.

      Adjournment