Town Council Meeting Report

At the October 11, 2023 Town Council meeting, the council voted on the agenda items listed below.  All members of the council were present.


1.  Approval of Draft Minutes from September 11, 2023; 6-1 vote.
Councilor Timothy Reiniger made a motion to amend the minutes on page 4 for Item #113-2023 - Request from Councilor Reiniger Regarding the Zoning Ordinance Violation Against the Lumbery.  At the September 11 council meeting Reiniger made a motion to direct town staff to move forward and secure a voluntary dismissal of the lawsuit against the Lumbery; Councilor Penny Jordan seconded the motion. Councilor Caitlin Jordan amended the motion to instead, "Schedule mediation at a workshop open to the public, to identify steps needed to be taken and who are the parties responsible to complete each task to bring resolution and put a stay of violations during the process."  This motion passed 5-2 with councilors Reiniger and Susan Gillis opposed.

The amendment to the minutes proposed by Reiniger would insert, "instead of voting [on Reiniger's motion] for dismissal tonight" into the motion.  However, no one seconded the October 11 amendment to the minutes. Councilor C. Jordan argued that inserting the amendment would alter the intent of her motion which offered an alternative path of mediation over voting on a dismissal.  The Draft Minutes of September 11, without amendments, passed with Reiniger voting alone in opposition.

2A.  Consent Calendar for Items #121-2023 through #124-2-23
Councilor P. Jordan requested that item #121-2023 Well, LLC DBA The Well at Jordan's Farm Liquor License Renewal be removed from the consent calendar.
2B. Approval of Consent Calendar for Items #122-2023 - #124-2023; 7-0 vote.
The consent calendar items included:
#122-2023 Good Table, LLC License Renewal - Chair Jeremy Gabrielson said that if the Good Table restaurant changes entities, the liquor license which is being renewed would not be transferable to a new entity.  Councilor C. Jordan disclosed that she has done business with Good Table in the past and would continue to do so if the restaurant continues.

#123-2024 Acceptance of the Click It or Ticket Grant award of $5,000 from the Maine Bureau of Highway Safety, administering this campaign.

#124-2023 Acceptance of the Distracted Driving Grant award of $5,000 from the Maune Bureau of Highway Safety, administering this campaign.

3.  Item #121-2023 Well LLC DBA The Well at Jordan's Farm Liquor License Renewal; 6-0 vote.
P. Jordan recused herself from the vote.  C. Jordan disclosed that she does business with The Well, but made a motion to approve; Councilor Nicole Boucher seconded.

4.  Acknowledgement of Receipt for the Housing Diversity Study Committee Status Report July - September, 2023; 7-0 vote.
The vote simply acknowledges the receipt of the report.  The HDSC provided previously updated the council at the September council meeting.

5.  Approval of Item #126-2023 General Assistance Appendices; 7-0 vote.
The council adopted the proposed General Assistance Maximums, Appendices A,B,D - H for October 1, 2023 - September 30, 2023 and the Recovery Residence Housing Maximums.  Prior to taking the vote, the council held a public hearing on the proposed appendices; no comments from the public were made.

6.  Approval of Item #127-2023 Recommendation from the School Building Advisory Committee regarding Architectural Design Services with Harriman; 7-0 vote.
The council voted to approve the unanimous recommendation from the SBAC to contract with Harriman as the architectural design team for the school project; to order the Superintendent and Town Manager to negotiate said contract; and authorize the Town Manager to sign the contract for services.  The School Board voted unanimously to approve the recommendation at their October 10 board meeting. [FMI: See 10/12/23 Article]

7.  Approval of Item #128-2023 Recommendation from School Building Advisory Committee regarding Communication Services with CESO; 5-2 vote.
Council voted 5-2 in favor of approving the SBAC’s unanimous recommendation to contract with CESO Communications  as the communication consultant for the school project; to order the Superintendent and Town Manager to negotiate said contract; and to authorize the Town Manager to sign the contract for services.  Councilors Reiniger and Susan Gillis voted in opposition.  [FMI: See 10/12/23 Article]

8.  Approval of sending Item #129-2023 Proposed Amendments to the Zoning Ordinance Relating to Outdoor Storage and Display to the Ordinance Committee; 7-0 vote.
Town Attorney Mary Costigan explained that the proposed Zoning Ordinance amendments relate to The Lumbery settlement discussions and the issue of what is considered to be non-compliant with a site plan.  In particular storage and displays.  In discussions with the attorney for The Lumbery, Costigan explained that in order to bring the property into compliance, "We really need to first go through this [Zoning Ordinance] step to see if the council is amenable to these proposed changes."  The Lumbery is in the Town Center District, which shares the same language on outdoor storage with the Business District.  As result, Costigan proposes changing the wording for both districts in favor of consistency.

The primary proposed amendments increases the area that a property owner can use for storage outside, to two times the floor area of the principal structure; with no square footage limit on display. The amendments broadly describe the difference between what is storage and what is display. "My intent is not to give an itemized list of categories of what can be stored, but general categories that can easily be interpreted by the Planning Board and the Code Enforcement Officer," Costigan said, "So that you would not have to go back seasonally for an amendment."

9.  Motion from Reiniger to dismiss the lawsuit against The Lumbery; Motion considered out of order and no votes were taken.
Following up on his motion to amend the minutes from September 11 [Item #113-2023], Reiniger revived his motion to dismiss the lawsuit against The Lumber because he believes the motion from September was "still live" since his original motion was not voted on.  C. Jordan argued that the motion to dismiss was, "Out of place since it was not placed on the agenda," and her amendment [from the September 11 meeting] was never to move the vote to October 11.  "I apologize to everyone for my error in language for how I amended your [Reiniger] motion, because it was very confusing.  I should have just made a second motion after the first motion was defeated.  

Costigan said, "I don't think you got it really wrong.  The message was clear that there was not a majority that wanted to dismiss the lawsuit at the last meeting."  Given that the motion to dimiss the lawsuit has been repeated and seconded at the current Town Council meeting, Costigan said if the Chair was is willing to hold a vote on the motion, it would clarify the council's stance.  Town Manager Matthew Sturgis agreed and said, "The cleanest thing to do would be to vote on the motion that is here this evening, with the second and then get a final answer to that question."  However, as the motion was not included in the agenda for the evening, holding a vote would go against legal practice of properly notifying the public.  As a result, the recommendation from both Sturgis and Costigan was to consider the motion out of order for the current meeting and include the item on the November agenda.

10.  Vote to Remove Item #116-2023 From the Table - Request from the Cape Arena Group Regarding Electricity Expenses; 7-0 vote.
The council voted to Table the agenda item at the September 11 council meeting.

11.  Approval of Item #116-2023 Request from the Cape Arena Group Regarding Electricity Expenses; 6-1 vote.
No motion was posted with the agenda.  Chair Gabrielson said the possible motions ranged from declining the Cape Arena Group's request for the Town to cover their electricity expense at the Town's more favorable rate; To include the arena under the Town's electricity rate, but to receive reimbursement; or to approve the request and pay the approximate $32,000 cost for electricity as a benefit to the community.  C. Jordan made a motion that the Town take on the electricity component of the Cape Arena Group and make supplemental appropriations to cover expense up to $35,000;  P Jordan seconded it.

12.  Approval of Item #130-2023 Recommendation from Ordinance Committee to schedule a Public Hearing on LD 2003 for November 13, 2023, with an anticipated vote on the amendments at the same time; as well as a Town Council workshop around November 1 to review said proposed amendments; 7-0 vote.
Reiniger asked why not hold the public hearing and vote in December?  P. Jordan said, "We as a team [the Ordinance Committee], has worked really hard to incorporate all of the input -- the pros and the cons -- and I think it's time that we put it to rest," once the public forum on October 16 is held and the council further reviews at the November workshop.

13. Failure to approve Item #131-2023 Reiniger's request to refer LD 2003 Policy Issues to the HDSC and Alternate LD 2003 Zoning Amendments to the Ordinance Committee; 2-5.
Reiniger made a motion to refere LD 2003 policy issues to the Housing Diversity Study Committee and alternate LD 2003 Zoning Amendments to the Ordinance Committee; the motion failed 2-5.  Councilors Boucher, P. Jordan, Gabrielson, Noonan, and C. Jordan voted against the motion.

14.  Approval of Item #132-2023 Vote to Amend the Minutes of Item #66-2023 held May 8, 2023 Relating to Stormwater Amendments; 7-0
Amended May 8, 2023 minutes to read as follows: Public Hearing Proposed Stormwater Amendments Chair Gabrielson opened the public hearing at 7:15 p.m. After hearing no comments, the public hearing was closed. Item #66-2023 Proposed Stormwater Amendments Maureen O’Meara, Town Planner Jay Reynolds, Director of Public Works Kristie Rabasca, Integrated Environmental Engineering Moved by Nicole Boucher and Seconded by Penelope A. Jordan ORDERED, the Cape Elizabeth Town Council having held a public hearing on Monday, May 8, 2023 does hereby approve the proposed stormwater amendments to Chapter 25 Stormwater Ordinance, Chapter 16 Subdivision Ordinance and Chapter 19 Zoning Ordinance as recommended by the Planning Board, draft dated February 14, 2023. (5 yes) (no)

15. Motion to Adjourn; 7-0.
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