Cape Elizabeth Town Council Agenda
Monday, August 14, 2017
7:00 p.m.
Cape Elizabeth Town Hall

James M. "Jamie" Garvin, Chairman
Patricia K. Grennon
Caitlin R. Jordan
Penelope A. Jordan
Sara W. Lennon
Katharine N. Ray
Jessica L. Sullivan

00:05 Convening by Town Councilor Chairman James M. “Jamie” Garvin

00:10 Pledge of Allegiance to the Flag

00:33 Roll Call by the Town Clerk

00:48 Town Council Reports and Correspondence

07:38 Finance Committee Report
Dashboard and Financial Reports as of 7/31/2017
Final Pro Forma for Fiscal Year 2018

12:24 Citizen Opportunity for Discussion of Items Not on the Agenda

12:42 Town Manager’s Monthly Report

Presentations

17:00 Speed and Volume Data Collectionperformed by VHB on Shore Road, Broad Cove Road, Fowler Road, and Spurwink Avenue. Presented by Tony Grande, PE Director of Transportation and Engineering.

33:53 Proposed Cliff Walk Improvements at Fort Williams Park by the Fort Williams Park Foundation. Presented by Lynn Shaffer, Fort Williams Park Foundation.
Link to Presentation
Link to Maps

53:25 Comprehensive Planning Committee Status ReportPresented by Maureen O’Meara, Town Planner.

56:59 Review of Draft Minutes of July 10, 2017 and Draft Minutes of August 7, 2017

01:01:53 Item #111-2017 Ocean House of Pizza Liquor License Renewal

C.A.G. Pizza, Inc. dba Ocean House of Pizza is seeking a renewal malt and vinous liquor license at 337 Ocean House Road.

It is recommended the town council approve the malt and vinous liquor license for C.A.G. Pizza, Inc. dba Ocean House of Pizza located at 337 Ocean House Road.

01:02:50 Public Hearing Request for Tower Overlay District – 19 Wells Road

01:15:26 Item #112-2017 19 Wells Road Tower Overlay District Zoning Map Amendment

On March 13, 2017 the town council referred to the planning board the request of Global Signal Acquisitions IV, LLC (“Crown”) for a tower overlay district at 19 Wells Road, Map R05 Lot 30.

The planning board voted 5 – 0 at the June 20, 2017 to support the request of Global Signal Acquisitions IV, LLC for a tower overlay district at 19 Wells Road as presented.

On July 10, 2017 the town council referred the request to the ordinance committee for review and set a public hearing for August 14.

The ordinance committee voted 3-0 to send the map amendment back to the town council for consideration.

Following the public hearing the town council may choose to adopt the change to the zoning map or refer the item for action to the September 11, 2017 council meeting.

01:16:08 Public Hearing Proposed Amendment to Sec. 19-7-2 Open Space Zoning, Section D Open Space Design Standards – Agricultural Easement Amendment

01:27:10 Item #113-2017 Agricultural Easement Amendment

The Planning Board is recommending an amendment to the zoning ordinance in order to clarify an existing provision that agricultural land may be preserved as part of open space in new development, Sec. 19-7-2 Open Space Zoning, Section D Open Space Design Standards.

On July 10, 2017 the town council referred the proposal to the ordinance committee for review and set a public hearing for August 14.

The ordinance committee voted 3-0 to send the amendment to the town council for consideration.

Following the public hearing the town council may choose to adopt the amendment or refer the item for action to the September 11, 2017 council meeting.

01:38:31 Public Hearing Proposed Ordinance to Prohibit Retail Marijuana Establishments & Social Clubs

01:38:58 Item #114-2017 Marijuana Regulations

The Town Council referred to the ordinance committee a review of the recently adopted recreational marijuana referendum. On December 12, 2016 the town council passed an emergency ordinance with regarding to the location, establishment, operation, or licensing of retail marijuana businesses that expires on March 12, 2017. On February 15, 2017 the town council adopted an ordinance enacting a moratorium on retail marijuana businesses effective March 12, 2017 and to expire at the end of 180 days unless earlier extended, repealed or modified by the Town.

The ordinance committee is recommending a stand alone marijuana ordinance be adopted that prohibits recreational marijuana cultivation, manufacture, testing, retail sales and social clubs.

On July 10, 2017 the town council set a public hearing for August 14.

It is recommended to adopt the proposed ordinance to prohibit retail marijuana establishments and social clubs.

If the town council adopts the ordinance, the ordinance does not become effective for 30 days. The moratorium expires September 8, 2017 therefore it is recommended to extend the moratorium in order to ensure a moratorium until the ordinance becomes effective.

It is recommended the town council extend the marijuana moratorium to September 14, 2017.

01:51:37 Item #115-2017 Reconsideration of Item #100-2017 held July 10, 2017
Paper Street Technical Assessment

Consideration of a request from Councilor Penelope Jordan to reconsider Item #100-2017 from the July 10, 2017 Town Council Meeting relating to the motion for the Cape Elizabeth Town Council to move to take the necessary steps to vacate the following unaccepted ways (also known as “paper streets”), pursuant to 23 M.R.S. §3027, which may include the provision of proper notice to the Planning Board, as well as to all lot owners on applicable recorded subdivision plans and their mortgagees of record:

ID# Name/Location
U12-5 Surfside Avenue
U12-8 Atlantic Place
U15-1 Lighthouse Point Road

Item #100-2017 passed by a vote of (4 yes) (3 no Chairman Garvin, Councilors Ray and Sullivan)

One recommended motion is for the Council to refer the Paper Streets Technical Assessment report to a workshop with the Conservation Committee for September 6, 2017.

Item #116-2017 To Set a Public Hearing for Public Comment on Proposed Action to Deem Vacated Surfside Avenue, Atlantic Place, and Lighthouse Point Road for September 11, 2017

Following the vote of Item #115-2017, the town council may consider setting a public hearing
for September 11, 2017.

02:38:46 Item #117-2017 Maine Municipal Association – Voting Ballot

Each year member municipalities have an opportunity to vote on the election of the proposed MMA Vice President and municipal officials to serve on the MMA Executive Committee. The MMA Nominating Committee completed the task of interviewing and qualifying officials interested in serving in these capacities and put forth a slate of officers for 2018.

It is recommended the town council approve the MMA Voting Ballot for 2018 as proposed.

02:40:21 Item #118-2017 Workshop with Fort Williams Park Committee

A desire of both the Town Council and the Fort Williams Park Committee is to have a workshop to discuss the many issues facing Fort Williams.

It is recommended to set September 18, 2017, 7:00 p.m. for a workshop with the Town Council and the Fort Williams Park Committee.

02:44:03 Item #119-2017 Re-Authorization of the Spurwink School Re-use Committee

The final recommendations of the Spurwink School Re-use Committee need additional time to be assembled. The Chairman of the committee has requested they have an extension to December 31, 2017 to provide their final report to the Town Council.

It is recommended that the Council re-authorize the Spurwink School Re-use Committee to remain active until December 31, 2017 so they may finalize their report and recommendations for this facility.

02:45:48 Item #120-2017 Town Manager Evaluation

Draft Motion: ORDERED, the Cape Elizabeth Town Council in conformance with 1 MRSA §405 6 A enters into executive session to continue the discussion of the evaluation of the town manager.

02:49:28 Citizens may at this point in the meeting raise any topic that is not on the agenda that pertains
to Cape Elizabeth local government.

02:49:39 Adjournment