Town Council Meeting Report

At the December 11, 2023 Town Council meeting, the council voted on the agenda items listed below.  Prior to actions listed below, Stephanie P. Anderson and Timothy L. Thompson were sworn in as new councilors, effective immediately.  All members of the council were present.


1.  Approval of Item #1-2024 Election of the Town Council Chair: 4-3 vote.
Following a nomination from the November 14, 2023 caucus, the council voted in favor of electing Timothy Reiniger as Town Council Chair for 2024.  Councilors Penny Jordan, Caitlin Jordan Harriman, and Jeremy Gabrielson voted against the motion.

2.  Approval of Draft Minutes for November 13, 2023 Regular Meeting; 7-0 vote.

3.  Adoption of Item #2-2024 Town Council Rules; 7-0 vote.
The council unanimously voted to adopt the Town Council Rules for the conduct of meetings with the understanding that the remote participation policy should be incorporated in the rules.  Chair Reiniger asked that the review of the remote participation policy be added to the January council meeting.

4.  Consent Calendar on Item #3-2024 - Item #27-2024
Councilor Gabrielson made a motion to pull Items #6-2024, #23-2024, and #24-2024.  Councilor Jordan made a motion to pull Item # 17-2024.  Town Manager requested that Items #20-2024 and #27-2024 be pulled as new information was available.  

5.  Approval of Consent Calendar Items #3-2024 through #5-2024;  Items #7-2024 through #16-2024; Items #18-2024 through #19-2024; Items #21-2024 through #22-2024; and items #25-2024 through #26-2027:  7-0 vote.
The approved Consent Calendar items include:
  • #3-2024 Appointment of Finance Committee and Finance Committee Chair Timothy L. Thompson
  • #4-2024 Appointment of Ordinance Committee members; Stephanie P. Anderson, Caitlin Jordan Harriman, and Timothy L. Thompson
  • #5-2024 Appointment of Appointments Committee members; Susan A. Gillis and Jeremy A. Gabrielson
  • #7-2024 Appointment of Representative to the Greater Portland Council of Governments General Assembly, Metro Coalition and Executive Committee; Penelope A. Jordan (General Assembly and Metro Coalition) and Matthew E. Sturgis (Executive Committee)
  • #8-2024 Appointment of a Representative to the PACTS Policy Committee; Matthew Sturgis
  • #9-2024 Appointment of a Representative to the MMA Legislative Policy Committee and MMA Convention Delegate; Timothy S. Reiniger
  • #10-2024 Appointment of a Representative to the Thomas Memorial Library Foundation; Susan A. Gillis
  • #11-2024 Appointment of a Representative to the Portland Jetport Noise Advisory Committee; Susan A. Gillis
  • #12-2024 Appointment of a Representative to the Thomas Jordan Grants Subcommittee; Caitlin Jordan Harriman to 12/2026.  Already appointed - Susan A. Gillis to 12/2024 and Penelope A. Jordan to 12/2025.
  • #13-2024 Appointment of the Vice Chair of the Museum at Portland Head Light; Timothy L. Thompson
  • #14-2024 Appointment to the ecomaine Board of Directors; Jeremy A. Gabrielson, with Matthew E. Sturgis as Alternate
  • #15-2024 Consideration to approve the Code of Ethics for 2024
  • #16-2024 Consideration to approve the 2024 Town Council Meetings and Budget Review Schedule for FY 2025
  • #18-2024  Proposed Conservation Ordinance Events Amendments
  • #19-2024 Consideration of a Food Truck Special Use Permit for Cape Community Arena Group
  • #21-2024 Request to Apply for a Grant from the Maine Department of Transporation
  • #22-2024 Request to Accept a Grant Award for the Sawyer Road/Street Culvert
  • #25-2024 Recommended Amendments to the Fee Schedule for Internal Plumbing Administrative Fee and Home Occupation Permits
  • #26-2024 Acceptance of Gifts and Donations for 2023


6.  Item # 6-2024 Appointments of  Penelope A. Jordan and Timothy L. Thompson School Building Advisory Committee; 7-0 vote
Councilor Gabrielson started discussion by amending the motion by recommending the appointment of Anderson and the retainment of Jordan to the School Building Advisory Committee; Jordan Harriman seconded the motion.  Gabrielson said his recommendation to retain Jordan has to do with the fact the role is noted as an ad-hoc committee with term-limit and,  "I feel that it would be in the best interest of the town and the committee for us to retain the committee's chair."   Jordan Harriman agreed and added that the town's ordinance which states that, "The chair of an ad-hoc committee is not to be changed."  Councilor Anderson requested that the motion be tabled until the next meeting so that the rules could be reviewed; Councilor Susan Gillis seconded the motion to table.  Jordan Harriman pointed out that by tabling this item, Jordan would remain in the co-chair position on the SBAC.  Councilors Harriman Jordan, Gabrielson, and Jordan voted against the motion to table.  

The council revisited this agenda item later in the meeting, and decided to take it off the table.  A motion was made to appoint Penny Jordan and Tim Thompson to the SBAC.  This motion passed unanimously.

7.  Approval of Item #17-2024 Renewal Liquor License for Tacos Y Tequila; 7-0 vote.
The approval is for the renewal of malt liquor (beer), wine and spirts license for Tacos Y Tequila located in Cape Elizabeth at 517 Ocean House Road.  Town Manager Matthew Sturgis confirmed that the establishment had received a temporary license from the state on November 12.

8.  Approval of Item #20-2024 to Post for Sale on Surplus Fire Truck - 1995 Ferrata Fire Apparatus; 7-0 vote.
Sturgis explained that the CEFD is looking to sell one surplus vehicle, lightly used pumper truck.  The Town's purchasing policy requires that anything in excess of a significant value needs to come before the council for approval of disposal.  "We did not look to trade this in as they would have offered us a much less than this," Sturgis said.   Sturgis confirmed that it is still a serviceable vehicle that meets state and federal inspection requirements for use as a fire truck.  The Fire Chief has approached smaller communities about the purchase of the truck at the advantageous price, but none have come forward to purchase.

9.  Approval of Item #23-2024 Request from Fort Williams Park Committee to Reallocate Funds for Stairway Projects; 7-0 vote.
The Town Council voted to approve the recommendation of the FWPC to reallocate $50,000 from Stonewalls/Central Parking Wall project and $70,500 from Portland Head Light Fund to the FY 2023 budget for the Flagpole stairway ($15,000) and Picnic Shelter stairway ($17,500) for a total estimated project cost of $153,000.   Kathy Raftice, Director of Fort Williams Park, explained that the original RFP for the stairwell projects required greater engineering input in order to adequately address the repairs and provide a more accurate project estimate.  When asked if the project addressed safety issues, Raftice confirmed, "Yes, definitely addressing safety.  It became very apparent when we had our senior lunch this summer."  The approved reallocated funds come from the current year's budget.

10.  Approval of Item #24-2024 Request from Fort Williams Park Committee to Reallocate Funds for the Pickleball Courts; 7-0 vote.
In the FY 2024 budget, the Town Council approved $147,500 for the construction of new pickleball courts at Fort Williams Park.  However, the lowest bid received for the project came in at $235,265.  On November 16, 2023 the FWPC voted (5-1) to recommend the reallocation of funds from unused budgeted project money in order to complete the project.  Kathy Raftice explained that at the time, the RFP was based on, "Very valid research and very good numbers.  As we know, things go up the longer we wait."  The reallocation of funds comes from the Ship Cove Platform Project which had work completed that came under budget; the Goddard Mansion Feasibility Study which had volunteer services from Colby Company and Engineering; and the Battery Blair Project which was budgeted nearly five years ago to make repairs.  "We may need to revisit that [Battery Blair Project] in the next fiscal year," Raftice said.

The council approved the recommendation of the FWPC to reallocate un-utilized funds from the Ship Cove Platform Project  of $16,000, Goddard Mansion Feasibility Funding of $35,000, and $37,000 from the Battery Blair Project.  

11.  Item #27-2024 Request from Town Assessor to Abate Taxes for 16 Surf Road; 7-0 vote.
Town Assessor Clinton Swett requested the council to approve three years of abatements for 16 Surf Road in the total amount of $8,797.44 for FY 2020, FY 2021, and FY 2022.  The abatement adjusts the property owners' overpayment in taxes caused by an over-valuation based on an incorrect calculation of square footage.  The abatement also includes three years of interest on the overpayments, which is approximately $640.  According to Town Manager Sturgis, who served as Town Assessor for 30 years, the law allows abatements to go back a maximum of three years and with interest, "We basically tried to make them whole as much and as far as the law will allow us."

10.  Item #30-2024 Request from Councilor Gillis to Reconsider Item #133-2023 Consideration of Proposed Amendments to the Zoning Ordinance Relating to LD 2003 held November 13, 2023; 4-3 Vote.
Councilor Gillis asked for a reconsideration of Item #133-2023 Consideration of Proposed Amendments to the Zoning Ordinance Relating to LD 2003 held November 13, 2023.  Reconsideration is allowed if the request comes from someone who voted on the prevailing side; Gillis voted on the prevailing side 6 to 1 to approve the proposed amendments as proposed by the Ordinance Committee.  Councilors Jordan Harriman, Jordan, and Gabrielson voted against allowing reconsideration.

11.  Motion to Amend/Rescind an Item Previously Adopted in the form of a Substitute Amendment pertaining to Item 133-2023;  Motion to Amend Amended Motion with regard to ADU Size Change from 600 square feet to 800 square feet; 5-2 Vote.
Councilor Thompson made a motion to amend/rescind Item #133-2023 with a substitute amendments developed by Chair Reiniger in September 2023. Councilor Anderson made motion to amend Thompson's motion, to adjust the size of accessory dwelling units from 600 square feet to 800 square feet. Reinger and Gabrielson voted in opposition of the amended motion.

12.  Motion to Approve Amendments as Amended, including the Change in ADU size; 4-3 vote.
Councilors Jordan Harriman, Jordan, and Gabrielson voted against the motion to approve the amendments.

13.  Motion to Adopt and Enact Substitute Amendments made by Reiniger and as Amended by Anderson; 4-3 vote.
Councilors Reiniger, Anderson, Thompson, and Gillis voted in favor of adopting the substitute amendments pertaining to Item #133-2023 as drafted by Reiniger and amended by Anderson.  The prevailing side did not consider the changes substantive and therefore did not warrant undertaking processes as outlined by Town Charter and Zoning Ordinances.  Councilors Jordan Harriman, Jordan, and Gabrielson voted against the motion to approve.

14.  Motion to Suspend Rules which prevent the Town Council from continuing a meeting beyond 10:00 p.m. to discuss new matters; 7-0.
Due to high public participation on various agenda items, the Town Council voted to suspend rules which prevent them discussing and taking action on  agenda items which have not been raised by the 10:00 p.m. cut-off.  The council voted to continue the meeting unanimously.

15.  Motion to Take Item # 137-2023 Off the Table from November 13, 2023; 7-0 vote.
Item #137-2023 relating to the council's acknowledgment of the enactment of a voter-approved Cape Elizabeth Residential Use Pesticide Use Ordinance, was tabled on November 13, 2023 due to State requirement of providing 30-day notice to the Board of Pesticides Control prior to enactment.

16.  Acknowledgement and Enactment of Item #137-2023 Cape Elizabeth Residential Pesticide Use Ordinance and Adoption of the Ordinance; 7-0 vote.
Following the enactment by Cape Elizabeth voters on Novembers 7, 2023, the Town Council voted to acknowledge and adopt the Residential Use Pesticide Ordinance effective December 12, 2023, pursuant to Town Charter Article VIII Sec. 3.  

17. Affirmation of Item #31-2024 - the Appointment of Town Clerk; 7-0 vote.
As part of the Town's succession planning, the Town Council affirmed the appointment of Angela S. Frawley as Town Clerk effective January 1, 2024, alongside current Town Clerk Debra Lane, who will be retiring.  

18.  Approval of Item #32-2024 the Appointment of the Registrar of Voters; 7-0 vote.
The Town Council appoints Angela S. Frawley to serve as Registrar of Voters for a term to begin on January 1, 2024 and to expire on January 1, 2025.

19.  Motion to Table Items #28-2024 and #29-2024 to the next meeting; 7-0 vote.
Councilors approved the motion to Table a Public Hearing relating Home Business Amendments; Table Item #28-2024 Motion to approve Proposed Amendments to Chapter 19 Zoning Ordinance Relating to Home Business; and Item #29-2024 Annual Appointments to Various Town Boards and Committees.

21.  Motion to Approve Appointments to Town Boards and Committee as recommended by the Appointments Committee; 7-0 vote.
The full slate of approved community members appointed to boards and committees is available here.

20.  Motion on Amendment to Appoint Tim Thompson to the SBAC as a replacement to Gretchen Noonan and continue with Penny Jordan; 7-0 Vote.
This approved motion appoints Thompson as the replacement for former Town Councilor Gretchen Noonan, to serve on the School Building Advisory Committee and to retain Penny Jordan.  This is an amendment of appointing Thompson and Anderson to the SBAC.

22. Motion to Adjourn; 7-0 vote.


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