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