Town Council Meeting Report

* CORRECTION: Item #93-2023 incorrectly lists the Diversity, Equity, and Inclusion Committee as the source for the amendments to the Personnel Code.  The record will show that it was the Ad-Hoc Civil Rights Committee that prepared the recommendations.  The DEI Committee was formed after the Ad-Hoc Civil Rights Committee concluded their work.

At the June 12, 2023 Town Council meeting, the council voted on the agenda items listed below.  Councilor Gretchen Noonan was absent.

1.  Approval of Draft Minutes for May 8, 2023 Regular Meeting, May 15, 2023 Special meeting, and May 30, 2023 Special Meeting; 6-0 vote.

2. Approval of Consent Calendar Items #80-2023 - #84-2023; 6-0 vote.
Item #80-2023: Acceptance of Anonymous Donation to the Thomas Memorial Library through Impact Asset Donor Advisor Fund in the amount of $3,000.

Item #81-2023:  Acceptance of Bequest from Joanne A. (McDonough) Leete to the Thomas Memorial Library in the amount of $15,000 without restrictions for the use of these funds.

Item #82-2023:  Acceptance of a Grant Award from the Maine Municipal Association Worker's Compensation Fund's Ed MacDonald Safety Grant Program into expense account 0726-4451 and revenue account R0928.  The grant will reimburse $3,000 of the total cost of $4,299.00 for the purchase of 4 mats for the Police Department's Training Facility.

Item #83-2023:  Acceptance of Cumberland County Heating Assistance Grant award of $50,000 to provide heating assistance to the eligible residents of Cape Elizabeth for the period of January 24, 2023 to April 15, 2023.

Item #84-2023:  Acceptance of MMA Risk Management insurance payment of $25,000 for flagpole damage at Fort Williams Park sustained on March 15, 2023.

3.  Approval of Item #85-2023:  Affirmation of Appointment of Fire Chief;  6-0 vote. 
The Town Manager Matthew Sturgis, per Council-Manager Charter, appoints of Stephen F. Young as Fire Chief for the Town of Cape Elizabeth effective July 1, 2023.  Deputy Young has served the Cape Elizabeth Fire Department for 40 years, serving the past 13 years as Deputy Chief.  In addition, he served on the Portland Fire Department for 26 years.

Fire Chief Peter Gleeson has served the Town of Cape Elizabeth on the Fire Department for 47 years, 15 years as Chief.  Chief Gleeson has announced his retirement effective June 30.

4.  Approval of Item #86-2023:  Authorization of Grant Match Funding Relating to Sawyer Road; 6-0.
The Towns of Cape Elizabeth and Scarborough have been jointly seeking grant funding to restore tidal flows on the Spurwink Marsh through removal of the portion of Sawyer Road/Street that sits on the marsh.  Road removal avoids a multi-million dollar infrastructure project to replace the failing Sawyer Road culvert and elevate the chronically flooding road.  The Town Council has authorized grant match funding from Maine Natural Resources Conservation Program (MNRCP) in the amount of $250,000; the Town of Scarborough would authorize the equal amount.  In addition, the council authorized the submission of additional grant applications which may be available for this project, with sum totals remaining within the authorized level of $250,000.

The MNRCP funding decisions will likely be made November-December, 2023, with contracts signed in early spring, 2024.  Cash-match funding could then be incorporated into the FY 2025 budget.


5.  Approval of Item #87-2023:  Conservation Ordinance Amendments Relating to Events Provisions;  6-0 vote.
The Town Council voted to refer to the Ordinance Committee recommendations by the Conservation Committee's to amend Chapter 18 Conservation Ordinance relating to events provisions. Currently, events with 150 or more attendees requires Conservation Committee review and formal approval from the Town Council. The Conservation Committee recommends the number to be raised to 250 attendees and that events with more profit generating potential return some revenues to the town for greenbelt maintenance.

6.  Approval of Item #88-2023:  To refer Project Submission Amendments to the Planning Board; 6-0 vote.
The Planning Board has requested that the Town Council refer a package of project submission amendments and other relevant ordinance provisions to the Planning Board, in part due to the upcoming change in town office hours.  The current Friday-submission deadline will need to be changed once Town Hall offices move to a Monday - Thursday work week on July 1, 2023.

7.  Approval of Item #89-2023:  To Send to Public Hearing Planning Board/Ordinance Committee Recommendations relating to LD 2003 Amendments; 4-2 vote.
Councilors Timothy Reiniger and Susan Gillis voted against holding a public hearing on the proposed LD 2003 amendments on July 10, 2023.  Chair Jeremy Gabrielson said that the council will not take a vote on the amendments in July;  input from the public and feedback from members of the Housing Diversity Study Committee is the objective.

8.  Approval of Item #90-2023:  Funding for Survey Work of the Housing Diversity Study Committee; 6-0 vote.
The vote authorizes the Town Manager to sign contracts as recommended by the Housing Diversity Study Committee to meet the established charge to gauge public opinion about potential housing solutions with Reconnaissance Market Research, a division of ComEngage, in the amount not exceed $29,780, and for a survey study with Viewshed, in an amount not to exceed $7,300 to provide an online discussion forum.  [See article.]

9.  Failure of Item #91-2023: Proposed Amendment to the Charge of the Ad-Hoc Housing Diversity Study Committee: 2-4 vote.
Councilors Reiniger and Gillis voted in favor of the motion.  Reiniger requested that the charge of the ad-hoc HDSC be amended to remove Fort Williams Park from the list of town-owned land of potential locations for housing.  The opposing councilors sited the HDSC recent decision to remove Fort Williams Park from the list; therefore making the motion unnecessary.

10.  Approval of Item #92-2023:  Proposed Bond Order to Fund the Costs of Design & Engineering for the School Project; 5-1 vote.
Councilor Reiniger voted against the motion.  The vote approves the proposed bond order to fund the costs of design and engineering for the school project entitled, Vote authorizing expenditures of up to $950,000 for cost of design and engineering for alternate school plans for Pond Cove Elementary and Cape Elizabeth Middle School and the issuance of bonds therefore.  Partial language of the authorization is listed below.  The full language is available HERE.

WHEREAS, subject to an approving vote of the voters of Cape Elizabeth, the Cape Elizabeth School Department proposes either (i) to substantially renovate either or both Pond Cove Elementary School and Cape Elizabeth Middle School and/or (ii) to construct a new elementary and/or middle school to replace either or both of such schools (the “Project”); and

WHEREAS, the Cape Elizabeth School Department is currently developing alternate renovation / construction plans for the Project; and

WHEREAS, the School Department has requested that the Town authorize a borrowing to finance the cost of the design and engineering for such alternate plans for the Project;


11.  Approval of Item #93-2023:  Updates to the Personnel Code; 6-0 vote.
The council authorized updates to the Personnel Code, effective immediately, to reflect the town's move to a four-day work week beginning on July 1.  The updates also include recommendations made by the Ad-Hoc Civil Rights Committee*.  These changes establish gender-neutral phrasing, unbiased phrasing, and updates other phraseology needing to meet modern standards.

In addition, the updates include Councilor Gabrielson's amendment to remove the following sentence from Article I General Provisions; Sec. 3-1-1 Employment; G. Other requirements: "Any applicant who has been convicted of a felony or who has been convicted of a misdemeanor involving moral turpitude may not be considered for employment." Gabrielson explained that his rationale for the amendment is based on the belief, "If someone has committed a crime in their past and they have paid their debt to society, I don't think we should be excluding them from employment from the town and will leave it to the Manager's discretion to determine an applicant's 'high moral character.' "





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