Cape Elizabeth Town Council Agenda
Wednesday, October 11, 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

00:29 Convening by Town Councilor Chairman James M. “Jamie” Garvin

00:36 Pledge of Allegiance to the Flag

00:55 Roll Call by the Town Clerk

02:04 Item #128-2017 Executive Session
After continued discussion of paper streets at the October 2 workshop, it was a consensus that the town council meet with counsel concerning the town’s legal rights and duties regarding paper streets. Following the executive session the council will return to public session and continue with the agenda. It is estimated public session will resume no later than 7:45 p.m.

Draft Motion: ORDERED, the Cape Elizabeth Town Council in conformance with 1 MRSA §405 6 E enters into executive session; "Consultations between a body or agency and its attorney concerning the legal rights and duties of the body or agency, pending or contemplated litigation, settlement offers and matters where the duties of the public body's or agency's counsel to the attorney's client pursuant to the code of professional responsibility clearly conflict with this subchapter or where premature general public knowledge would clearly place the State, municipality or other public agency or person at a substantial disadvantage" specifically to paper streets.
01:19:58 Town Council Reports and Correspondence

November Town Council Meeting Dates
Regular Meeting – Monday November 6, 7:00 p.m. Town Hall - Council Chamber
2018 Council Caucus – Monday, November 13, 7:00 p.m. Town Hall - Jordan Conference Room

01:21:08 Finance Committee Report
Dashboard and Financial Reports as of 9/30/2017

01:42 Citizen Opportunity for Discussion of Items Not on the Agenda

01:30:24 Town Manager’s Monthly Report

01:32:56 Review of Draft Minutes of September 11, 2017

01:33:14 Public Hearing Domestic Fowl Amendments
Chapter 12 Miscellaneous Offenses

01:36:50 Item #129-2017 Domestic Fowl Amendments

On July 10, 2017 the town council referred to the ordinance committee amendments to regulate domestic fowl. The ordinance committee voted 3-0 to recommend Domestic Fowl amendments, Chapter 12 Miscellaneous Offenses, to the town council for consideration.

On September 11, 2017 the town council set a public hearing for October 11. Following the public hearing the town council may adopt the amendments, refer back to ordinance committee for further review or refer to the next regular meeting for action.

01:46:15 Public Hearing General Assistance Appendices

01:47:09 Item #130-2017 General Assistance Appendices

On September 11, 2017 the town council set a public hearing for October 11.

It is recommended the Town Council adopt the General Assistance Ordinance Appendix
(A – D) as recommended by the Maine Municipal Association effective October 1, 2017 –
September 30, 2018.

01:47:38 Item #131-2017 Polystyrene Foam and Plastic Bag Ordinances

Councilors Penelope & Caitlin Jordan were recused from discussion and voting on this topic at the 12/12/2016 town council meeting.

On December 12, 2016 the town council referred to the ordinance committee review of a recommendation by the recycling committee to regulate Single Use Carryout Bags.

The recommendation is to ban polystyrene foam, except for perishable food shipment and in an emergency.

The recommendation is a $0.05 charge per single use carryout bag (plastic and paper) is required for all food stores except in an emergency. This charge does not apply to “bags on a roll” typically used for produce and meats.

The town council voted on September 11, 2017 to refer the ordinance committee recommendations back to the ordinance committee for further review.

It is in order for the town council to set a public hearing at the regular November meeting.

01:53:02 Item #132-2017 Request to Rezone 27 Fowler Road

On March 13, 2017 the town council referred to the planning board the request from
Bradley C. Pearson, the owner of Anything Goes, to rezone the property at 27 Fowler Road (Map U20 Lot 10) from Residence A (RA) to Business B (BB) in order to relocate and run the business from this location.

Following the process to consider the request, the planning board voted on September 19th (6 – 1) to not recommend approval of the request to the town council.

The town council will consider the recommendation of the planning board.

01:10:58 Item #133-2017 Recommendation to Change the Existing Delineation of the Off-Leash Area in Fort Williams Park

The town council will consider a recommendation from 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 Retrained on Municipal Property.

It is recommended the town council refer the recommendation to the ordinance committee for review
and recommendation.

02:29:57 Item #134-2017 Consideration of a Standing Renewal Energy Committee

The town council reviewed the recommendation of the ad-hoc Alternative Energy Committee to create a standing renewal energy committee at the 5/1 and 10/2 workshops.

It was the consensus of the town council at the October 2 workshop to consider referring the creation of a renewal energy committee to the ordinance committee for review and recommendation.

02:32:17 Item #135-2017 2018 Walk to Cure Arthritis

Link to Request

At the September 21st meeting, the Fort Williams Park Committee approved a request, 5 – 0, for a 2018 Walk to Cure Arthritis on Sunday, June 3, 2018 with the following contingencies:

$ 5.00/per registrant
$500.00 Area Fee
Total Walkers Not to Exceed 500
Applicable Picnic Shelter Fees (if available)

It is in order for the town council to consider the recommendation.

02:32:49 Citizens may at this point in the meeting raise any topic that is not on the agenda that pertains
to Cape Elizabeth local government.

02:38:11 Adjournment