Cape Elizabeth Town Council Agenda

Monday, July 13, 2020

 

7:00 p.m.

 

Zoom Online Meeting


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

 

00:19 Convening of the Meeting by the Chairman

Roll Call by the Town Clerk

The Pledge of Allegiance to the Flag

Town Council Reports and Correspondence

02:10 Finance Committee Report
Dashboard and Financial Reports as of June 30, 2020

Citizen Opportunity for Discussion of Items Not on the Agenda (Limited to 15 minutes; 3 minutes per person. Time may be extended by a majority of the town council.) Persons wishing to address the council shall indicate their desire using the Raise Hand function of the Zoom meeting. When recognized by the chairman, the speaker shall give his or her name and address or local affiliation, if the affiliation is pertinent.

06:54 Town Manager's Report

10:54 Review of Draft Minutes of the Following Virtual Meetings-

12:00 Item #94-2020            The Good Table Liquor License  Renewal

Opportunity for Public Comment (Limited to 15 minutes; 3 minutes per person. Time may be extended by a majority of the town council.) Persons wishing to address the council shall indicate their desire using the Raise Hand function of the Zoom meeting. When recognized by the chairman, the speaker shall give his or her name and address or local affiliation, if the affiliation is pertinent.

The Good Table, Inc. located at 527 Ocean House Road is seeking renewal of the malt liquor (beer), wine and spirits licenses.

No concerns have been reported by the code enforcement office, police and fire departments.


Draft Motion:
Moved by and Seconded by
ORDERED, the Cape Elizabeth Town Council approves the renewal malt liquor (beer), wine and spirits licenses for The Good Table, Inc. located at 527 Ocean House Road as presented.

14:40 Item #95-2020            Short-Term Rental Ordinance  Amendments

Link Draft Memorandum to Planning Board

Opportunity for Public Comment (Limited to 15 minutes; 3 minutes per person. Time may be extended by a majority of the town council.) Persons wishing to address the council shall indicate their desire using the Raise Hand function of the Zoom meeting. When recognized by the chairman, the speaker shall give his or her name and address or local affiliation, if the affiliation is pertinent.

On May 11, 2020 the town council referred to workshop proposed revisions to the zoning ordinance relating to short-term rentals as recommended by the ordinance committee. Subsequent workshops were held on June 1 and June 18.

The town council will consider forwarding the recommendations to the planning board for review.

28:00 Draft Motion:
Moved by and Seconded by
ORDERED, the Cape Elizabeth Town Council forwards proposed amendments to the zoning ordinance relating to short-term rentals to the planning board for review with a report back to the town council.

01:05:00 Move to refer to workshop

01:06:17 Item #96-2020            Short-Term Rental Permit  Fees

Opportunity for Public Comment (Limited to 15 minutes; 3 minutes per person. Time may be extended by a majority of the town council.) Persons wishing to address the council shall indicate their desire using the Raise Hand function of the Zoom meeting. When recognized by the chairman, the speaker shall give his or her name and address or local affiliation, if the affiliation is pertinent.

As part of the short-term rental ordinance review, the town council has indicated that short-term rental fees should be changed.

At the town council's direction, the town has solicited proposals and will contract with Hamari for one year of third party enforcement of short-term rentals. The intent has been for short-term renewal fees to be adjusted to fully fund third party enforcement.

Concurrent with the third party enforcement, the town council may want to address STR fees. The current STR fee, which only applies to come STR operations is $50.00 annually.

The town manager recommends the town council consider the following fees.

Draft Motion:
Moved by and Seconded by
ORDERED, the Cape Elizabeth Town Council amends the Town Fee Schedule as follows:

Short-Term Rental Permit      $250.00 (effective immediately) Short-Term Rental Permit     $500.00 (effective January 1, 2021)


01:24:00 Item #97-2020            Consider Appointments Committee Recommendations Relating to a Diversity and Inclusion Committee

Opportunity for Public Comment (Limited to 15 minutes; 3 minutes per person. Time may be extended by a majority of the town council.) Persons wishing to address the council shall indicate their desire using the Raise Hand function of the Zoom meeting. When recognized by the chairman, the speaker shall give his or her name and address or local affiliation, if the affiliation is pertinent.

Link – Appointments Committee Recommendation

Reference to Chapter 4 Boards and Committees

SEC. 4-1-8. Ad Hoc Committees. Committees formed by the Town Council to complete defined tasks and then be disbanded are ad hoc committees. The Town Council may create an ad hoc committee as needed. When creating an ad hoc committee, the Town Council shall adopt a committee charge that includes the name, composition, and purpose of the committee, tasks to be completed, a deadline for completion of committee work (which may be extended by the Town Council), and direction to the Town Manager to assign staff support as needed. Ad hoc committees shall perform their duties in compliance with Sec. 4-1-5, Operation of Boards and 3 Committees.

On June 22, 2020 the town council referred to the appointments committee the task of drafting a charge and composition of a diversity and inclusion committee for town council review and action.

The appointments committee met on June 29 and drafted a recommendation for town council review to create an ad-hoc committee IDEAA (Inclusion, Diversity, Equity, Anti-racism and Awareness Committee) reporting back to the town council within 12 months.

01:26:50 Draft Motion:
Moved by and Seconded by
ORDERED, the Cape Elizabeth Town Council approves the recommendation of the appointments committee to create an ad hoc committee IDEAA (Inclusion, Diversity, Equity, Anti-racism and Awareness Committee) reporting back to the town council within 12 months.

02:13:30 Item #98-2020            Fort Williams Park Committee – Recommended Vendor for the Master
Plan Update

Opportunity for Public Comment (Limited to 15 minutes; 3 minutes per person. Time may be extended by a majority of the town council.) Persons wishing to address the council shall indicate their desire using the Raise Hand function of the Zoom meeting. When recognized by the chairman, the speaker shall give his or her name and address or local affiliation, if the affiliation is pertinent.

Link Richardson & Associates Proposal
Link Fort Williams Park Committee Draft Minutes June 18, 2020

The Fort Williams Park Committee met via Zoom on Thursday, June 18 relating to the selection of a vendor to assist in the update the Fort Williams Park Master Plan. The committee voted (6 – 0) to recommend selection of Richardson & Associates of Saco, ME.

02:14:20 Draft Motion:
Moved by and Seconded by
ORDERED, the Cape Elizabeth Town Council confirms the selection of the Fort Williams Park Committee to contract with Richardson & Associates of Saco, ME for the update of the Fort Williams Park Master Plan.


02:17:30 Item #99-2020            Town Center Traffic  Study – Refer to Workshop

Opportunity for Public Comment (Limited to 15 minutes; 3 minutes per person. Time may be extended by a majority of the town council.) Persons wishing to address the council shall indicate their desire using the Raise Hand function of the Zoom meeting. When recognized by the chairman, the speaker shall give his or her name and address or local affiliation, if the affiliation is pertinent.

The town manager is recommending the town council refer to a future workshop for review and discussion the Town Center Transportation Study performed by Tom Errico of T.Y.Lin.

Draft Motion:
Moved by and Seconded by
ORDERED, the Cape Elizabeth Town Council refers to workshop the Town Center Transportation
Study dated June 2020 performed by T.Y. Lin International.

02:19:33 Item #100-2020          Renewal of the Spurwink Rod & Gun Club  License

Opportunity for Public Comment (Limited to 15 minutes; 3 minutes per person. Time may be extended by a majority of the town council.) Persons wishing to address the council shall indicate their desire using the Raise Hand function of the Zoom meeting. When recognized by the chairman, the speaker shall give his or her name and address or local affiliation, if the affiliation is pertinent.

Pursuant to Chapter 24 Shooting Ranges Sec. 24-6-2 (Renewal). After inspection by Chief Paul Fenton and Code Enforcement Officer Benjamin McDougal, the recommendation is to renew the license as presented.

Draft Motion:
ORDERED, the Cape Elizabeth Town Council approves the 3-year renewal of the license for the
Spurwink Rod and Gun Club located at 1250 Sawyer Road as presented.

02:23:20 Item #101-2020          Referral to Conservation Committee Relating to Cliff House Beach Use and Management of Cliff House Beach

Opportunity for Public Comment (Limited to 15 minutes; 3 minutes per person. Time may be extended by a majority of the town council.) Persons wishing to address the council shall indicate their desire using the Raise Hand function of the Zoom meeting. When recognized by the chairman, the speaker shall give his or her name and address or local affiliation, if the affiliation is pertinent.

Neighbors of Cliff House Beach have voiced concerns about the use and management of Cliff House
Beach and traffic concerns during the COVID-19 pandemic.

02:29:07 Town Council Discussion and motion on referral

 

Citizens may at this point in the meeting raise any topic that is not on the agenda that pertains to Cape Elizabeth local government. (Limited to 15 minutes; 3 minutes per person. Time may be extended by a majority of the town council.) Persons wishing to address the council shall indicate their desire using the Raise Hand function of the Zoom meeting. When recognized by the chairman, the speaker shall give his or her name and address or local affiliation, if the affiliation is pertinent.

 

02:48:42 Adjournment