Cape Elizabeth Town Council Agenda

Monday, December 9, 2019

7:00 p.m. Council Chambers

Cape Elizabeth Town Hall


 

Valerie A. Adams Valerie J. Deveraux Jeremy A. Gabrielson James M. "Jamie" Garvin Caitlin R. Jordan Penelope A. Jordan Christopher M. Straw

01:23 Convening of the Meeting by James. M. "Jamie" Garvin

01:31 Administration of Oaths by the Town Clerk Debra M. Lane

Oaths of Office for Elected Officials Elected on November 5, 2019

Cape Elizabeth Town Council
Caitlin R. Jordan
Penelope A. Jordan

Cape Elizabeth School Board
Kimberly L. Carr
Philip R. Saucier


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

03:25 Roll Call by the Town Clerk

03:44 The Pledge of Allegiance to the Flag

04:09 Item# 1-2020              Election of Town Council Chairman

Opportunity for Public Comment (Limited to 15 minutes; 3 minutes per person. Time may be extended by a majority of the town council.)

The caucus recommends Valerie A. Adams.

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 14, 2019.

06:16 Town Council Reports and Correspondence

12:06 Finance Committee Report
Dashboard and Financial Reports as of 11/30/2019

Appropriation Control
Expense Distribution
Revenue Control
Revenue Distribution

13:11 Citizen Opportunity for Discussion of Items Not on the Agenda

13:26 Town Manager's Monthly Report

22:40 Review of Draft Minutes of the Special Meeting held November 6, 2019 and the Regular Meeting held November 13, 2019.

Link to Results of Caucus Held November 14, 2019

23:28 Item# 2-2020              Adoption of Town Council  Rules

Opportunity for Public Comment (Limited to 15 minutes; 3 minutes per person. Time may be extended by a majority of the town council.)

24:15 Item# 3-2020              Appointment of the Finance Committee

Opportunity for Public Comment (Limited to 15 minutes; 3 minutes per person. Time may be extended by a majority of the town council.)

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

25:25 Item# 4-2020              Appointment of Ordinance Committee

Opportunity for Public Comment (Limited to 15 minutes; 3 minutes per person. Time may be extended by a majority of the town council.)

Penelope A. Jordan as chairman and James M. "Jamie" Garvin and Christopher M. Straw as members.

26:08 Item# 5-2020              Appointment of an Appointments Committee

Opportunity for Public Comment (Limited to 15 minutes; 3 minutes per person. Time may be extended by a majority of the town council.)

Valerie J. Deveraux as chairman and Jeremy A. Gabrielson and Caitlin R. Jordan as members.

26:47 Consent Agenda

Opportunity for Public Comment on Item #6 - #17 (Limited to 15 minutes; 3 minutes per person. Time may be extended by a majority of the town council.)

Items ## 6 - 17 will be considered en bloc.  The council chairman will entertain a single motion to approve Items # #6 - 17.  Any councilor may request for any item to be removed from the consent list and be separately voted.

Item# 6-2020              Appointment of Representatives to ecomaine Board of Directors

James M. "Jamie" Garvin and Matthew E. Sturgis for terms to expire on December 31, 2021.

Item# 7-2020              Appointment of Representative to Greater Portland Council of Governments General Assembly, Metro Coalition, Regional Voice Committee and Executive Committee

Jeremy A. Gabrielson, General Assembly and Metro Coalition James M. "Jamie" Garvin, Regional Voice Committee Matthew E. Sturgis, Executive Committee

Item# 8-2020              Appointment of Representative to PACTS Policy Committee

Matthew E. Sturgis

Item# 9-2020              Appointment of Representative to MMA Legislative Policy Committee and MMA Convention Delegate

James M. "Jamie" Garvin for a term until December 2020.

Item# 10-2020            Appointment of Representative to Thomas Memorial Library Foundation

Jeremy A. Gabrielson

Item# 11-2020            Appointment of Representative to Greater Portland Economic
Development Corporation

Christopher M. Straw

Item# 12-2020            Appointment of Representative to Portland Jetport Noise Advisory
Committee

Penelope A. Jordan

Item# 13-2020            Appointment of Representatives to Thomas Jordan Grants Subcommittee

Penelope A. Jordan to 12/2022

Previously appointed:
Valerie J. Deveraux to 12/2021
Caitlin R. Jordan to 12/2020

Item# 14-2020            Appointment of Vice Chair of Museum at Portland Head Light

James M. "Jamie" Garvin
Council Chairman Valerie A. Adams is chairman per the by-laws.

Item #15-2020            Maine Bicentennial Celebration Committee – Ad-Hoc

Caitlin R. Jordan

Item #16-2020            Fort Williams Master Planning

Jeremy A. Gabrielson

Item #17-2020            School Building Committee

Valerie A. Adams and James M. "Jamie" Garvin were nominated at the October 16, 2019 town
council meeting.

27:40 Item# 18-2020            Code of Ethics

Opportunity for Public Comment (Limited to 15 minutes; 3 minutes per person. Time may be extended by a majority of the town council.)

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

28:32 Item# 19-2020            Schedule of Council Meetings for 2020

Opportunity for Public Comment (Limited to 15 minutes; 3 minutes per person. Time may be extended by a majority of the town council.)

It is recommended to approve the following regular, special and workshop meeting dates for the council year 2020. 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 2020  Meeting Schedule and  Budget Review Schedule for FY 2021

Regular and Special meetings                                                   Workshop

December 9, 2019 (Regular Meeting and Organizational Meeting for 2020)             December 11, 2019 (Council Goals and FOAA)
January 13, 2020                                                                       January 15, 2020
February 10, 2020                                                                     February 3, 2020
March 9, 2020                                                                          March 18 and 19, 2020 (Budget Workshops)
April 13, 2020 (Regular Meeting and Opportunity for Budget Public Comments)      April *27 and 28, 2020 (Budget Workshops)
May 4, 2020 (Special Council Meeting – Budget Public Hearing)                May 6, 2020
May 11, 2020 (Regular Meeting and Vote on the FY 2021 Budget)
June 8, 2020                                                                             June 1, 2020
July 13, 2020
August 10, 2020
September 14, 2020                                                                   September 9, 2020
October 14, 2020 (Wednesday)                                                  October 7, 2020
November 9, 2020                                                                     November 10, 2020 (Organizational Caucus for 2021)
December 14, 2020 (Regular Meeting and Organizational Meeting for 2021)          December 16, 2020 (Council Goals and FOAA)

*4/27/2020 Budget presentation from the School Board

29:22 Item# 20-2020            Appointments to Boards and Committees

Opportunity for Public Comment (Limited to 15 minutes; 3 minutes per person. Time may be extended by a majority of the town council.)

The Appointments Committee recommends the following appointments to boards and committees with new terms beginning January 1, 2020.

Board

FirstName

LastName

TermExpires

Recommendation

Address

Bd Assessment Review

David B.

Scheffler

12/31/2022

David B. Scheffler

12 Pheasant Hill Road

 

CS Committee

 

Amy

 

Lombardo

 

12/31/2022

 

Amy Lombardo

 

11 Leighton Farms Road

CS Committee

Sarah

MacColl

12/31/2022

Sarah MacColl*

4 Avon Road

 

Conservation Committee

 

Zach

 

Matzkin*

 

12/31/2022

 

Matthew Craig

 

6 Farm Hill Road

Conservation Committee

Robert G.

Petitt

12/31/2022

 

 

Conservation Committee

Jim

Tasse

12/31/2022

Jim Tasse*

30 Cliff Avenue

Conservation Committee

Philip

Saucier

12/31/2020

 

 

 

Energy Committee

 

Carrie

 

Gilbert

 

12/31/2022

 

Carrie Gilbert

 

32 Aster Lane

Energy Committee

Richard A.

Parker

12/31/2022

Richard A. Parker

17 Southwell Road

 

Firing Range Committee

 

Town Council

 

 

Appointed

 

12/12/2016

 

 

FWP Committee

 

Kenneth D.

 

Pierce

 

12/31/2022

 

Kenneth D. Pierce

 

35 Oakhurst Road

FWP Committee

James T.

Walsh

12/31/2022

Lauren Springer

4 Cottage Lane

FWP Committee

VACANT

 

12/31/2020

James T. Walsh#

53 Wildwood Drive

 

Personnel Appeals Board

 

Leonard

 

Cole

 

12/31/2022

 

Leonard Cole

 

11 Fieldstone Road

 

Planning Board

 

Andrew T.

 

Gilbert

 

12/31/2022

 

Andrew T. Gilbert

 

32 Aster Lane

Planning Board

James H.

Huebener

12/31/2022

James H. Huebener

13 Kettle Cove Road


Recycling Committee

Kara Lavender

Law

12/31/2022

Kara Lavender Law

31 McAuley Road

Recycling Committee

Chelsea K.

Torrey

12/31/2022

 

 

Recycling Committee

Tim

Trachimowicz

12/31/2022

Tim Trachimowicz

1 Granite Ridge Road

 

Riverside Committee

 

Sharon

 

Smarc

 

12/31/2022

 

Sharon Smarc*

 

84 Oakhurst Road

 

TML Committee

 

Sara

 

Hirshon

 

12/31/2022

 

Sara Hirshon

 

22 Pilot Point Road

TML Committee

Gwyneth

Maguire

12/31/2022

Tim Blackstone

8 Wabun Road

TML Committee

Jason

O'Brien

12/31/2022

Jason O'Brien

349 Fowler Road

 

Board of Zoning Appeals

Board of Zoning Appeals

 

Joseph

Michael

 

Barbieri Tadema- Wielandt

 

12/31/2022

12/31/2022

 

Joseph Barbieri

Michael Tadema-Wielandt

 

3 Harriman Farm Road

26 Woodcrest Road

Board of Zoning Appeals

Michael F.

Vaillancourt

12/31/2022

Michael F. Vaillancourt*

55 Stonybrook Road

 

Maine Bicentennial Committee - Ad Hoc

 

 

 

 

12/31/2020

 

Wayne Brooking, Jr.

 

223 Two Lights Road

 

#Recommended to serve unexpired term

*Termed Out

31:40 Public Hearing           Town Center Tax Increment Financing  District

Comments shall be limited to three minutes per person; however, the time may be extended by majority vote of councilors present.

32:14 Item #21-2020            Town Center Tax Increment Financing District

On November 13, 2019 Town Assessor Clint Swett presented an overview of the recommended technical revisions to the Town Center Infrastructure Improvement Tax Increment Financing District ("TIF"). The town council set a public hearing for this evening.

Draft Motion:
ORDERED, the Cape Elizabeth Town Council approves the recommended technical revisions to the Town Center Infrastructure Improvement Tax Increment Financing District ("TIF") as presented.

33:07 Item #22-2020            Property Tax Assistance Program  Report

Opportunity for Public Comment (Limited to 15 minutes; 3 minutes per person. Time may be extended by a majority of the town council.)

On January 14, 2019 the town council adopted Chapter 27 Property Tax Assistance Ordinance. The ordinance requires the tax assessor to submit a report to the town council annually no later than December 31st.

Sec. 9. Annual Report to the Town Council
The Tax Assessor shall report in writing to the Town Council no later than December 31st of each year the projected payments, number of eligible applicants requesting assistance for the program fund, and any surplus or shortage of program funds as described in Sec. 3.

Draft Motion:
ORDERED, the Cape Elizabeth Town Council acknowledges receipt of the report from the tax assessor relating to the 2019 property tax assistance program as required by Chapter 27 Property Tax Assistance Ordinance Sec. 9 Annual Report to the Town Council.

43:39 Item #23-2020            Ocean House Common

Opportunity for Public Comment (Limited to 15 minutes; 3 minutes per person. Time may be extended by a majority of the town council.)

Three documents have been drafted between the Town of Cape Elizabeth and Dr. David Jacobson for the Ocean House Common development at 326 Ocean House Road.

Draft Motion:
ORDERED, the Cape Elizabeth Town Council authorizes the town manager to grant a parking license agreement, a cross access easement, and a drainage easement with Dr. David Jacobson for Ocean House Common as reviewed by and deeded acceptable by the town attorney.

55:10 Item #24-2020            Request for Acceptance of Aster Lane and Open Space

Opportunity for Public Comment (Limited to 15 minutes; 3 minutes per person. Time may be extended by a majority of the town council.)

Cottage Brook, LLC and Maxwell Woods, LLC are requesting acceptance of Aster Lane and open space associated with the Cottage Brook and Maxwell Woods Condominium Developments.

Draft Motion:
ORDERED, the Cape Elizabeth Town Council accepts the fully constructed small section of Aster Lane and conditionally accepts the larger section of Aster Lane and open spaces A, B and the agricultural open space, subject to the following conditions, and authorizes the town manager to sign deeds associated with this order which have been reviewed by and deeded acceptable by the town attorney.

Conditions of Acceptance:
1.   Monumentation to be set.
2.   Sewer manholes/catch-basins, drainage manholes to be raised to finish payment at time of finish pavement.
3.   Catch-basin and drainage structures to be inspected and cleaned, if needed.
4.   As-builts of roadway to be completed in spring once finish pavement is installed. Attached are progress as-builts.
5.   Pavement joint between surface and base paving winterized.
6.   Culvert outlet from pond to have riprap modified to provide better discharge. Coordinate with engineer.
7.   Inspection of trails in the spring of 2020 after snow and ice cover melt.


01:07:38 Item #25-2020            Request for Memorial and Event at Fort Williams Park Commemorating the USS Eagle 56

Opportunity for Public Comment (Limited to 15 minutes; 3 minutes per person. Time may be extended by a majority of the town council.)

During World War II, on April 23, 1945, the USS Eagle 56 was sunk by a German submarine about five miles off the coast of Cape Elizabeth. 49 sailors were killed in action; 13 survived. A memorial is currently located at Fort Williams Park to the right of the lighthouse, when facing the water, between the two binoculars.

On November 21, 2019 Steve Lyons, Cape Elizabeth, and Paul Lawton, Naval Historian presented a request to the Fort Williams Park Committee to replace the USS Eagle 56 memorial with a new granite monument at the same location. The monument will list the names of the sailors onboard noting those who were killed in action; family members will cover the cost. In addition, they requested approval for a 75th anniversary commemoration at the memorial on Saturday, May 2, 2020, 12:00 p.m. – 1:00 p.m. The Fort Williams Park Committee approved the recommendations 5-0.

Draft Motion:
ORDERED, the Cape Elizabeth Town Council approves the recommendation of the Fort Williams Park Committee to replace the memorial at Fort Williams Park commemorating the USS Eagle 56 with a granite monument listing the names of the sailors onboard and to approve a 75th anniversary remembrance on Saturday, May 2, 2020, 12:00 p.m. – 1:00 p.m. at the memorial as presented. Said monument to be paid for by family members.

01:09:46 Item# 26-2020            Acceptance of Annual Gifts and Donations

Opportunity for Public Comment (Limited to 15 minutes; 3 minutes per person. Time may be extended by a majority of the town council.)

It is proposed to accept gifts/donations received in 2019.

Draft Motion:
ORDERED, the Cape Elizabeth Town Council accepts gifts and donations received in 2019 with appreciation.

01:10:27 Citizens may at this point in the meeting raise any topic that is not on the agenda that pertains to Cape Elizabeth local government.

01:10:35 Adjournment