Cape Elizabeth Town Council Agenda
Monday, December 10, 2018
7:00 p.m. Regular Meeting Council Chambers
Cape Elizabeth Town Hall
Valerie J. Deveraux
Jeremy A. Gabrielson
James M. "Jamie" Garvin
Caitlin R. Jordan
Penelope A. Jordan
Valerie A. Randall
Christopher M. Straw
00:35 Convening of the Meeting by Christopher M. Straw
00:42 Administration of Oaths by the Town Clerk Debra M. Lane
Oaths of Office for Elected Officials Elected on November 6, 2018
Cape Elizabeth Town Council
Valerie J. Deveraux
Jeremy A. Gabrielson
James M. “Jamie” Garvin
Cape Elizabeth School Board
Heather W. Altenburg
Laura E. DeNino
Elizabeth K. Scifres
For Reference – Link to List of
Selectmen and
Town Council Members
03:31 Roll Call by the Town Clerk
03:49 The Pledge of Allegiance to the Flag
04:13 Item# 1-2019 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 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 13, 2018.
05:53 Town Council Reports and Correspondence
08:00 Presentation
Kevin Roche, CEO ecomaine
Link to
Annual Report
36:26 Item #2-2019 Confirmation of Police Chief
Opportunity for Public Comment (Limited to 15 minutes; 3 minutes per person. Time may be extended by a majority of the town council.)
After nearly 40 years on the Cape Elizabeth Police Department, and the last 18 years as chief, Chief Neil Williams is retiring.
Town Manager Matthew Sturgis has appointed Cape Elizabeth Police Department Sergeant Paul W. Fenton to serve as the Town’s 8th Police Chief. Sgt. Fenton has served the department since January 28, 1997. The town manager with the assistance of a committee conducted a search for the next police chief.
Council-Manager Charter Article III Sec. 1.1.
Proposed Motion:
ORDERED, the Cape Elizabeth Town Council confirms the town manager’s appointment of Paul W. Fenton to serve as Police Chief of the Town of Cape Elizabeth effective December 11, 2018.
41:49 Finance Committee Report
Dashboard and Financial Reports as of 11/30/2018
Appropriation Control
Expense Distribution
Revenue Control
Revenue Distribution
45:49 Citizen Opportunity for Discussion of Items Not on the Agenda
53:20 Town Manager’s Monthly Report
55:13 Review of Draft Minutes of November 14, 2018 meeting.
55:50 Link to Results of Caucus Held November 13, 2018
Opportunity for Public Comment on Item ##3-16 (Limited to 15 minutes; 3 minutes per person. Time may be extended by a majority of the town council.)
56:12 Item# 3-2019 Adoption of Town Council
Rules
56:38 Item# 4-2019 Appointment of the Finance Committee
Christopher M. Straw as chairman and the Council as a whole to serve as the finance committee.
57:13 Item# 5-2019 Appointment of Ordinance Committee
Penelope A. Jordan as chairman and Caitlin R. Jordan and Valerie A. Randall as members.
57:41 Item# 6-2019 Appointment of an Appointments Committee
Valerie J. Deveraux as chairman and Jeremy A. Gabrielson and Christopher M. Straw as members.
58:02 Consent Agenda
Items ## 7-16 will be considered en bloc. The council chairman will entertain a single motion to approve Items # #6-15. Any councilor may request for any item to be removed from the consent list and be separately voted.
Item# 7-2019 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# 8-2019 Appointment of Representative to Greater Portland Council of General Assembly, Metro Coalition and Executive Committee
Jeremy A. Gabrielson, General Assembly and Metro Coalition
Matthew E. Sturgis, Executive Committee
Item# 9-2019 Appointment of Representative to PACTS Policy Committee
Matthew E. Sturgis
Item# 10-2019 Appointment of Representative to MMA Legislative Policy Committee and MMA Convention Delegate
Valerie A. Randall for a term until December 2020.
Item# 11-2019 Appointment of Representative to Thomas Memorial Library Foundation
Jeremy A. Gabrielson
Item# 12-2019 Appointment of Representative to Greater Portland Economic Development Corporation
Valerie A. Randall
Item# 13-2019 Appointment of Representative to Portland Jetport Noise Advisory Committee
Penelope A. Jordan
Item# 14-2019 Appointment of Representatives to Thomas Jordan Grants Subcommittee
Valerie J. Deveraux to 12/2021
Previously appointed:
Caitlin R. Jordan to 12/2020
Penelope A. Jordan to 12/2019
Item# 15-2019 Appointment of Vice Chair of Museum at Portland Head Light
Christopher M. Straw
Council Chairman James M. “Jamie” Garvin is chairman per the by-laws.
Item #16-2019 Continued Service on Comprehensive Plan Committee
The council caucus confirmed the continued service on the comprehensive plan committee:
Penelope A. Jordan
Sara W. Lennon
59:16 Item #17-2019 Appointment of Fair Hearing Officer
Opportunity for Public Comment (Limited to 15 minutes; 3 minutes per person. Time may be extended by a majority of the town council.)
Article VII of the General Assistance Ordinance requires the municipal officers to appoint a fair
hearing authority (FHA) that will determine, based on all the evidence presented at the fair hearing,
whether the claimant(s) were eligible to receive assistance at the time they applied for general
assistance. The FHA is charged with the responsibility of ensuring that general assistance is
administered in accordance with the state law and local ordinance.
It is recommended David S. Sherman be reappointed to serve a second term as the fair hearing officer
until December 31, 2021.
59:59 Item #18-2019 Appointment of Registrar of Voters
Opportunity for Public Comment (Limited to 15 minutes; 3 minutes per person. Time may be extended by a majority of the town council.)
Title 21-A §101 2. Appointment requires the municipal officers to appoint a qualified registrar of
voters by January 1st of each odd-numbered year. The registrar shall serve for 2 years and until a
successor is appointed and sworn.
It is recommended to reappoint Debra M. Lane to serve as Registrar of Voters for a term to expire January 1, 2021 and until a successor is appointed and sworn.
01:00:43 Item# 19-2019 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 Council Code of Ethics.
01:01:44 Item# 20-2019 Schedule of Council Meetings for 2019
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 2019. 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 2019 Meeting Schedule and Budget Review Schedule for FY 2020
Regular and Special meetings Workshop
December 10, 2018 (Regular Meeting and Organizational Meeting for 2019) December 19, 2018 (Council Goals and FOAA)
January 14, 2019 January 16, 2019
February 11, 2019 February 4, 2019
March 11, 2019 March 20 and 21, 2019 (Budget Workshops)
April 8, 2019 (Regular Meeting and Opportunity for Budget Public Comments) April 24* and 25, 2019 (Budget Workshops)
May 6, 2019 (Special Council Meeting – Budget Public Hearing) May 8, 2018
May 13, 2019 (Regular Meeting and Vote on the FY 2020 Budget)
June 10, 2019 June 3, 2019
July 8, 2019
August 12, 2019
September 9, 2019 September 4, 2019
October 16, 2019 (Wednesday) October 2, 2019
November 13, 2019 (Wednesday) November 14, 2019 (Organizational Caucus for 2020)
December 9, 2019 (Regular Meeting and Organizational Meeting for 2020) December 11, 2019 (Council Goals and FOAA)
*4/24/2019 Budget presentation from the School Board
01:02:38 Item# 21-2019 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, 2019.
Board Current Member Recommendation Address Term Expires
Board Assessment Review John McAnuff John McAnuff 65 Stonybrook Road 12/31/2021
Community Services VACANT Andrea Ernst 12 Bayberry Lane 12/31/2021
Community Services Debbie Butterworth Jill Palmore 39 Stonegate Road 12/31/2021
Community Services Terri Patterson Terri Patterson 15 Surf Road 12/31/2021
Conservation Committee Jeremy Gabrielson Bruce V. Moore# 1108 Sawyer Road 12/31/2020
Conservation Committee Marti Blair* Emily Helliesen Day 11 Hamlin Street 12/31/2021
Conservation Committee Mitch Wacksman Mitch Wacksman* 9 Bayberry Lane 12/31/2021
Firing Range Committee Town Council Appointed 12/12/2016
Fort Williams Park Jim Kerney Jim Kerney 1015 Shore Road 12/31/2021
Fort Williams Park Mark D. Russell Mark D. Russell 8 Sweet Fern Road 12/31/2021
Personnel Appeals Board Dawn M. Harmon Dawn M. Harmon* 17 Fieldstone Road 12/31/2021
Planning Board Carol Anne Jordan Carol Anne Jordan* 21 Wells Road 12/31/2021
Planning Board Jonathan Sahrbeck Jonathan Sahrbeck 60 Longfellow Drive 12/31/2021
Planning Board Victoria Volent* Daniel A. Bodenski 304 Mitchell Road 12/31/2021
Recycling Committee Matthew Faulkner Matthew Faulkner 61 Beach Bluff Terrace 12/31/2021
Recycling Committee Aubrey Miller Aubrey Miller 2 Pine Ridge Road 12/31/2021
Riverside Cemetery Jessie Timberlake* Wayne A. Brooking, Jr. 223 Two Lights Road 12/31/2021
TML Committee Sigrid Olson John DiPalazzo# 79 Oakhurst Road 12/31/2020
TML Committee Becky Fernald Becky Fernald 313 Mitchell Road 12/31/2021
TML Committee Kathleen Kent Kathleen Kent 74 Wells Road 12/31/2021
Board of Zoning Appeals VACANT Colin P. Powers# 44 Spurwink Avenue 12/31/2020
Board of Zoning Appeals Matthew Caton Matthew Caton* 15 Hannaford Cove Road 12/31/2021
Board of Zoning Appeals Aaron Mosher Aaron Mosher 6 Leighton Farm Road 12/31/2021
(NEW)
Energy Committee Carrie Gilbert 32 Aster Lane 12/31/2019
Energy Committee Richard A. Parker 17 Southwell Road 12/31/2019
Energy Committee Jennifer A. Healy 79 Oakhurst Road 12/31/2020
Energy Committee Sam Lipman 39 Hunts Point Road 12/31/2020
Energy Committee Sam Milton 18 Crescent View Avenue 12/31/2021
Energy Committee Thomas S. Murley 133 Two Lights Road 12/31/2021
Energy Committee Barbara Toomey 22 Woodcrest Road 12/31/2021
01:06:20 Item# 22-2019 Bird Dog Roadhouse License
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 approve the annual malt, vinous, and spirituous licenses for Cape Hospitality Group DBA Bird Dog Roadhouse at 517 Ocean House Road.
Proposed Motion:
ORDERED, the Cape Elizabeth Town Council approves the annual malt, vinous, and spirituous licenses for Cape Hospitality Group DBA Bird Dog Roadhouse at 517 Ocean House Road as presented.
01:07:38 Item #23-2019 Senior Tax Relief Ordinance
Opportunity for Public Comment (Limited to 15 minutes; 3 minutes per person. Time may be extended by a majority of the town council.)
One of the town council goals for 2018 is to explore the creation and implementation of a senior citizen property tax relief program.
Tax Assessor Clinton Swett provided reports relating to a senior tax relief program at the April 9, 2018 council meeting and May 1, 2018 council workshop.
On September 10, 2018 the town council referred the senior property tax relief program to the ordinance committee.
The ordinance committee reviewed the senior tax relief ordinance at the November 1 and
November 13, 2018 meetings. At the November 13th meeting the ordinance committee voted (2-0) to recommend the ordinance to the town council for consideration.
It is in order for the town council to set the draft senior tax relief ordinance to public hearing on Monday, January 14, 2019 at 7:00 p.m. at the Cape Elizabeth Town Hall.
01:10:32 Item #24-2019 Land Donation at 44 Spurwink Avenue
Opportunity for Public Comment (Limited to 15 minutes; 3 minutes per person. Time may be extended by a majority of the town council.)
Colin Powers, 44 Spurwink Avenue has offered to donate a portion of the property at 44 Spurwink Avenue. The land is wetland abutting Trout Brook and land already owned by the town.
The conservation committee discussed the possible donation at the November 19, 2018 meeting. The conservation committee voted (4-0) that the town council consider acceptance of the land to be donated in the area of 44 Spurwink Avenue abutting town land, noting that a survey and title work may need to be done.
01:15:31 Item #25-2019 Sawyer Road Culvert Study
Opportunity for Public Comment (Limited to 15 minutes; 3 minutes per person. Time may be extended by a majority of the town council.)
In April 2017 the town council authorized application for a coastal communities grant to the Maine Coastal Program to assess 16 municipal culverts.
The town council is requested to accept a Part II grant focusing on Sawyer Road to follow up a Part I grant studying 16 town culverts. The grant is in collaboration with the Town of Scarborough.
It is recommended the town council accepts the Sawyer Road Hydrology and Hydraulic Study grant in the amount of $32,124.00. It is further recommended the town council formally acknowledge the Culvert Assessment grant in the amount of $17,000.
01:17:29 Item #26-2019 Update on the Comprehensive Plan Review Process
Opportunity for Public Comment (Limited to 15 minutes; 3 minutes per person. Time may be extended by a majority of the town council.)
The comprehensive plan committee has completed the draft comprehensive plan. The town council should decide the process going forward.
It is recommended the town council set the comprehensive plan review process to workshop on Wednesday, December 19, 2018. The workshop is scheduled to begin at 6:00 p.m.
01:18:22 Item #27-2019 Application to Planning Board – Resource Protection Permit
Opportunity for Public Comment (Limited to 15 minutes; 3 minutes per person. Time may be extended by a majority of the town council.)
01:23:38 Item# 28-2019 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.)
Link to Gift List
It is proposed to accept gifts/donations received in 2018 with appreciation.
01:24:21 Item #29-2018 Finance Director
During the FY 2019 budget deliberations a new position of finance director was discussed. It was a
consensus of the town council at the July 16, 2018 workshop for the town manager to proceed in
reviewing the position and creating a job description.
The town manager will present a
draft job description and funding recommendation for council
consideration.
01:46:20 Citizens may at this point in the meeting raise any topic that is not on the agenda that pertains to Cape Elizabeth local government.
Adjournment