Cape Elizabeth Town Council Agenda
Monday, December 12, 2016
7:00 p.m.
Cape Elizabeth Town Hall
James M. “Jamie” Garvin
Patricia K. Grennon
Caitlin R. Jordan
Penelope A. Jordan
Sara W. Lennon
Katharine N. Ray
Jessica L. Sullivan
Convening by Town Councilor Jessica Sullivan (Longest Current Serving Member)
00:05 Pledge of Allegiance to the Flag
00:29 Administration of Oaths by the Town Clerk Debra M. Lane
Oaths of Office for Elected Officials Elected on November 8, 2016
Cape Elizabeth Town Council
Caitlin R. Jordan
Penelope A. Jordan
02:05 Cape Elizabeth School Board
Kimberly L. Carr
Susana Measelle Hubbs
03:08 Roll Call by the Town Clerk
03:25 Item# 1-2017 Election of Town Council Chair
The caucus recommends James M. “Jamie” Garvin
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, 2016.
04:30 Item #1A-2017 Special Recognition
The Town Council is proposing the following item to install a plaque in the council chambers to read as follows:
“This Room is dedicated to Michael K. McGovern in honor of his dedicated service to the citizens of Cape Elizabeth as Town Manager from May 1985 to December 2016.”
19:46 Town Council Reports and Correspondence
13:37 Finance Committee Report
14:42 Citizen Opportunity for Discussion of Items Not on the Agenda
14:55 Town Manager’s
Monthly Report and
List of Elected Municipal Officials
20:50 Review of Draft Minutes of
November 14, 2016 meeting.
21:12 Item# 2-2017 Adoption of
Town Council Rules
21:49 Item# 3-2017 Appointment of the Finance Committee
Jessica L. Sullivan as chairman and the Council as a whole to serve as the finance committee
22:16 Item# 4-2017 Appointment of an Ordinance Committee
Patricia K. Grennon as chairman and Caitlin R. Jordan and Katharine N. Ray as members
22:40 Item# 5-2017 Appointment of an Appointments Committee
Sara W. Lennon as chairman and Penelope A. Jordan and Jessica L. Sullivan as members
23:03 Consent Agenda
Items #
6-2017 will be considered en bloc. The council chair 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# 6-2017 Appointment of Representatives to ecomaine Board of Directors
James M. “Jamie” Garvin
and the town manager or a designee of the town manager for terms to expire on December 31, 2018
Item# 7-2017 Appointment of Representative to Greater Portland Council of Governments General Assembly and Metro Coalition
Jessica L. Sullivan
Item# 8-2017 Appointment of Representative to PACTS Policy Committee
Town Manager or a designee of the town manager
Item# 9-2017 Appointment of Representative to MMA Legislative Policy Committee and MMA Convention Delegate
Penelope A. Jordan
Item# 10-2017 Appointment of Representative to Thomas Memorial Library Foundation
James M. “Jamie” Garvin
Item# 11-2017 Appointment of Representative to Greater Portland Economic Development Corporation
Penelope A. Jordan
Item# 12-2017 Appointment of Representative to Portland Jetport Noise Advisory Committee
James M. “Jamie” Garvin
Item# 13-2017 Appointment of Representatives to Thomas Jordan Grants Subcommittee
Caitlin R. Jordan to 12/17
Patricia K. Grennon to 12/18
Jessica L. Sullivan to 12/19
Item# 14-2017 Appointment of Vice Chair of Museum at Portland Head Light
Jessica L. Sullivan
Council Chair James M. “Jamie” Garvin
is chair per the by-laws.
Item# 15-2017 Designation of Town Council Liaisons to Boards and Commissions for 2017
It is recommended not to have liaisons to advisory and quasi judicial town boards and committees in 2017.
Item# 16-2017 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. They will do so at this point in the meeting.
Item# 17-2017 Schedule of Council Meetings for 2017
It is recommended to approve the following regular meeting dates for the council year 2017:
Regular meetings
December 12, 2016
January 9, 2017
February 13, 2017
March 13, 2017
April 10, 2017
May 8, 2017
June 12, 2017
July 10, 2017
August 14, 2017
September 11, 2017
October 11, 2017
November 13, 2017
December 11, 2017
24:21 Item# 18-2017 Appointments to Boards and Committees
It is proposed to appoint the following citizens to various boards and committees as recommended by the Appointments Committee with new terms beginning January 1, 2017.
| Board |
Recommendation |
Address |
TermExpires |
| |
|
|
|
| Board of Assessment Review |
David B. Scheffler |
12 Pheasant Hill Road |
12/31/2019 |
| |
|
|
|
| Community Services Committee |
Amy Lombardo |
11 Leighton Farms Road |
12/31/2019 |
| Community Services Committee |
Sarah MacColl |
4 Avon Road |
12/31/2019 |
| |
|
|
|
| Ad-Hoc |
|
|
|
| Comprehensive Plan Committee |
Elizabeth Goodspeed |
59 Belfield Road |
12/31/2018 |
| Comprehensive Plan Committee |
Harvey Rosenfeld |
9 Glen Avenue |
12/31/2018 |
| Comprehensive Plan Committee |
Stephen Rees |
23 Cross Hill Road |
12/31/2018 |
| Comprehensive Plan Committee |
Peter Curry |
8 Stonybrook Road |
12/31/2018 |
| Comprehensive Plan Committee |
Timothy Thompson |
6 Pine Ridge Road |
12/31/2018 |
| |
|
|
|
| Conservation Committee |
Robert G. Petitt |
2 Katahdin Road |
12/31/2019 |
| Conservation Committee |
Zach Matzkin* |
77 Scott Dyer Road |
12/31/2019 |
| Conservation Committee |
Jim Tasse |
30 Cliff Avenue |
12/31/2019 |
| |
|
|
|
| 3 Year Staggered Terms |
|
|
|
| Firing Range Committee |
Town Council |
|
|
| Firing Range Committee |
|
|
|
| Firing Range Committee |
|
|
|
| Firing Range Committee |
|
|
|
| Firing Range Committee |
|
|
|
| |
|
|
|
| Fort Williams Park Committee |
Donald E. Clark |
618 Shore Road |
12/31/2019 |
| Fort Williams Park Committee |
James T. Walsh |
23 Rock Crest Drive |
12/31/2019 |
| |
|
|
|
| Ad-Hoc |
|
|
|
| Harbors Committee |
James Casey |
1 Village Lane |
12/31/2017 |
| Harbors Committee |
Stephen Culver |
116 Two Lights Road |
12/31/2017 |
| Harbors Committee |
Susan Farady |
40 Longfellow Drive |
12/31/2017 |
| |
|
|
|
| Personnel Appeals Board |
Leonard Cole |
11 Fieldstone Road |
12/31/2019 |
| |
|
|
|
| Planning Board |
James H. Huebener |
13 Kettle Cove Road |
12/31/2019 |
| Planning Board |
Henry Steinberg* |
13 Hunts Point Road |
12/31/2019 |
| |
|
|
|
| Recycling Committee |
Vacant |
|
12/31/2019 |
| Recycling Committee |
Kara Lavender Law |
31 McAuley Road |
12/31/2019 |
| Recycling Committee |
Vacant |
|
12/31/2019 |
| |
|
|
|
| Riverside Cemetery Committee |
Sharon Smarc |
84 Oakhurst Road |
12/31/2019 |
| |
|
|
|
| Thomas Memorial Library Committee |
Sara Hirshon |
22 Pilot Point Road |
12/31/2019 |
| Thomas Memorial Library Committee |
Jason O'Brien |
349 Fowler Road |
12/31/2019 |
| Thomas Memorial Library Committee |
Meg Baxter |
59 Wood Road |
12/31/2019 |
| |
|
|
|
| |
|
|
|
| Board of Zoning Appeals |
John K. Craford |
97 Stonybrook Road |
12/31/2019 |
| Board of Zoning Appeals |
Michael Tadem-Wielandt |
26 Woodcrest Road |
12/31/2019 |
| Board of Zoning Appeals |
Michael F. Vaillancourt |
55 Stonybrook Road |
12/31/2019 |
| |
|
|
|
| |
|
|
|
| *Termed Out |
|
|
|
| #Serving unexpired term |
|
|
|
30:14 Item# 19-2017
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
31:26 Item# 20-2017
Rudy's of the Cape Licenses
It is proposed to approve the annual malt, vinous, and spirituous licenses for the Rudy’s of the Cape located at 517 Ocean House Road.
32:10 Item# 21-2017
Acceptance of Annual Gifts
It is proposed to accept gifts received in 2016 with appreciation.
33:54 Item #22-2017
Draft Sign Ordinance
It is proposed to set a public hearing on
recommendations from the ordinance committee on proposed changes
to the sign ordinance for Monday, January 9, 2017 at 7:00 p.m. at the Town Hall.
40:20 Item #23-2017
Town Center Potential Sidewalk Grant
It is proposed to authorize an application to PACTS for a sidewalk grant for the town center area.
49:41 Item #24-2017
Complete Streets Draft Policy
It is proposed to set a public hearing on Monday, January 9, 2017 on a proposed complete streets policy.
01:03:37 Item #25-2017
Acceptance of Easement
It is proposed to accept with sincere appreciation a conservation
easement from Dale Bryant on land adjacent to Rock Wall Lane. This fills in a crucial gap in our greenbelt trail network as explained
here.
01:07:07 Item #26-2017 Acceptance of
License from Canterbury at the Cape Condominium Association
It is proposed to accept with sincere appreciation a conservation license from the Canterbury at the Cape Condominium Association. This also enhances our greenbelt as explained
here.
01:10:46 Item #27-2017
Recycling Committee Recommendation
The Recycling Committee reviewed the 2016 town council goal suggesting whether or not the town should ban single use plastic bags at retail establishments. The committee reviewed similar provisions in neighboring communities and makes the recommendations contained
here and
here and
here. It is recommended that this item be referred to the ordinance committee.
01:31:05 Item #28-2017
Proposed Emergency Moratorium on Non Medical Marijuana Retail Establishments
It is proposed to adopt a moratorium in order to study the impacts of the recent vote regarding retail sales of marijuana and to refer the issue to the ordinance committee for further study.
01:40:06 Item #29-2017
Hazard Mitigation Plan
It is proposed to
adopt an updated Hazard Mitigation Plan as explained in this
link.
01:41:28 Item #30-2017
Fort Williams Park Capital Fund New Proposed Allocations
It is proposed to approve the following request from the Fort Williams Park Committee:
To: Members of the Town Council
From: Mark Russell, Chair
Fort Williams Park Committee
Date: November 23, 2016
Re: Fort Williams Park - Project Funding Request
On behalf of the Fort Williams Park Committee, I would like your consideration in approving four projects in Fort Williams Park that would be funded by the Capital Fund Budget (865). Our overall fund balance is healthy and we had $355,982 as of June 30, 2016. We expect to meet our revenue projections at the end of FY 2017, which would provide a total of $500,000 to utilize for capital maintenance or projects. With the proposed Amphitheater project now on hold, funds are available to address projects in the Park that we feel will have a safety and/or maintenance-related benefit. The intent is to have these projects completed by June 1, 2017. The projects being proposed are as follows:
Powers Road Guardrail Replacement – $21,000
The wooden guardrail along the entrance road is starting to succumb to the elements. Several of the posts and rails are showing signs of rot. A majority of the guardrail was installed in 1998, followed by a 100’ extension 2011 on the westerly (or main entrance end). It is proposed to replace it with a similar type of material.
Wheatley Road Guardrail - $8,500
There is a significant drop-off for about 230’ on the northerly side of Wheatley Road, or the road that leads up to the overflow parking area by the former fire station. With the opening of Children’s Garden, we are now encouraging Garden visitors to park in the overflow area, which has increased the amount of vehicles now transiting the roadway. A wooden guardrail (similar to that along the entrance road) is proposed to be installed to provide a safety barrier.
Replacement of Perimeter Fencing - $35,000
Much of the wire fabric perimeter fencing along Shore Road has been replaced with a fabricated aluminum fence. It is more aesthetically pleasing and has enhanced the Park’s appearance, especially at the main entrance. It is proposed to continue the replacement from the current terminus just north of the main entrance to the rear of the Surf Road properties. The funds proposed would also include replacing the two gates at the Chapel Road entrance.
Overflow Parking Area (Near former Fire Station) Sidewalk Removal - $20,000
There is an existing sidewalk along the southwest edge of the Overflow Parking area. It borders the location of the former bleachers and extends past the Children’s Garden. The walk was originally made of concrete but was paved over several years ago. The pavement is in poor condition and there are several trip hazards along the surface. It was also recently identified as being a safety issue by a Loss Control Consultant from the MMA Risk Pool. At this time, it is proposed to remove the walk and restore the disturbed area with loam and seed. The Committee would then undertake a comprehensive study of pedestrian needs and walkways in the Park.
The Fort Williams Park Committee appreciates your consideration of our request.
01:45:08 Item #31-2017
Next Phase of Combined Sewer Overflow Mitigation Project
To: The Town Council
From: Mike McGovern
Re: Combined Sewer Overflow
Date: November 30, 2016
As I wrap up loose ends, one issue that needs forward movement is continuing to address our lone combined sewer overflow which is at Ottawa Road. The council has had a number of workshops on this CSO and previously authorized projects in the roads of the catchment area in order to reduce the flows with a goal towards eliminating the CSO which is also impacted by a catchment area in South Portland.
The last projects authorized placed the infrastructure in the street that would enable homes to be able to separate sanitary sewer flow from rainwater, roof drains, cellar drains and other extraneous flows.
The final step is to work with homeowners to actually accomplish the separations that are needed. There are 38 homes involved, the addresses of which are listed on the next page. We also have an equal number of homes that were not accessed in earlier studies. The cost to accomplish the needed work including the actual work, permits, inspection and project coordination is $320,000. Bob Malley and I have looked at several options on how to pay for the work and have concluded that the most effective and efficient manner to accomplish the needed projects is for the town sewer fund to absorb the cost. The sewer fund had a balance of $1,654,969 on June 30, 2016 so the work can be easily accomplished with existing resources. Alternately, the sewerage ordinance does provide the town the right to require the work to be done and any resident who does not cooperate will be subject to having the work done at the personal expense rather than as part of the town’s overall project. The town project would be administered by an engineering firm working for the town including project coordination.
Recommendation
The town council is requested to authorize the expenditure of $320,000 from the sewer fund to accomplish the separation of sanitary flow from other flows that are now part of the Ottawa Road combined sewer overflow.
01:49:58 Item #32-2017
Closeout of Community Services Fund
The Community Services Special Fund was established many years ago to account for revenues and expenditures of the community services programs. On July 1, 2016 the Community Services program became a municipal department and its finances are part of the municipal budget within the general fund.
The June 30, 2016 year-end financial statements showed that the community services fund had a deficit of $32,485. It is proposed to close the fund by absorbing the $32,485 deficit into the general fund.
01:50:53 Item #33-2017
Cape Care Playground
TO: Cape Elizabeth Town Council
FROM: Michael McGovern, Town Manager
DATE: November 22, 2016
SUBJECT: Cape Care Playground
The Cape Care Playground at Cape Elizabeth High School is in need of a major overhaul. The council earlier provided $50,000 towards new equipment and the site work necessary to improve the playground. Plans have now been developed to accomplish the work which is hoped to bid out over the winter. The total estimated cost is $75,000 including for design and for the plans.
It is proposed to allocate $25,000 from the unassigned fund balance in order to complete the project.
On a positive note, the senior citizen van has now been ordered and is anticipated to arrive in about four months. The low bid was about $8,000 below the budgeted amount.
01:54:48 Item #34-2017
Access to Crescent Beach for Watercraft
The town owns a ramp area that is accessible to Crescent Beach that is steep and often washes out in storms. A few decades ago there was another access point just up the road from the current access that is flatter and much more accessible. It is proposed to authorize the town manager to write to the state park director asking for a dialogue on potentially moving the town’s rights to the former location. This issue would then be further explored by the harbors committee and the town manager.
01:56:40 Item #35-2017
Edward Jones Office Lease Renewal for Five Years
We are pleased that Edward Jones wishes to renew their lease for another five years beginning February 29, 2017. Total revenues during the lease term would be $ 90,144. It is proposed to authorize the town manager to sign the new lease and to expend up to $15,500 from the unassigned fund balance for improvements and updating to the building at 343 Ocean House Road.
02:00:31 Item #36-2017
Capital Stewardship Plan
It is proposed to acknowledge receipt of the capital stewardship plan extending to 2027.
02:04:08 Citizens may at this point in the meeting raise any topic that is not on the agenda that pertains to Cape Elizabeth local government.
02:04:15 Item# 37-2017 Executive Session on Poverty Abatement Request
It is recommended the Town Council in conformance with 1 M.R.S.A. §405 6 F enter executive session to
review a request for a poverty abatement.
Adjournment