Town Council Meeting Report

Updated 4/10/2024: A correction was made to Item #73-2024 to reflect that the fundraising goals for Project Graduation 2024 are about to be met and fundraising is still needed.


At the April 8, 2024 Town Council meeting, the council voted on the agenda items listed below.    Councilors Anderson, Jordan Harriman, Gabrielson, and Chair Reiniger were in attendance; Councilors Thompson, Gillis, and Jordan were in attendance remotely.


1.  Approval of Draft Minutes for March 11, 2024 Regular Meeting; 7-0 vote.

2. Approval of Draft Minutes for April 1, 2024 Special Meeting; 7-0 vote.

3.  Consent Calendar for Items #64-2024 - Item #70-2024; Item #70-2024 was removed; Approval of Items #64-2024 - #69-2024; 6-0 vote.
Item #64-2024 Consider Renewal Liquor License and Special Amusement Permit for Tostones Cafe
Item #65-2024 Consider Authorizing the Signing of an MOU with the Town of Scarborough - MNRCP Sawyer Road Grant
Item #66-2024 Consider Authorizing a Grant from the Maine Department of Agriculture, Conservation and Forestry for Tree Maintenance
Item #67-2024 Consider a Renewal License with the Canterbury at the Cape Condominium Association
Item #68-2024 Consider Referring a Draft Vision/Directional Statement for Housing to Workshop
Item #69-2024 Consider Recommendations from the Appointments Committee Regarding Vacancies on the Board of Assessment Review and Diversity, Equity, and Inclusion Committee
Item #70-2024 Appointment of Election Wardens and Clerks

Councilor Penny Jordan requested to remove item #70-2024 from the Consent Calendar
Councilor Susan Gillis did not participate in this vote.

4.  Item # 70-2024 Appointment of Election Wardens and Clerks; 6-0 vote.
Councilor Jordan recused herself from this item due to a family member on the list of wardens.

5.  Item #71-2024 Consider Proposed Process Submission Amendments;  7-0 vote.
This item was preceded by a public hearing in which the Chair of the Planning Board Jonathan Sahrbeck explained that the amendments relate to the process by which the Planning Board follows.  The amendments attempt to, "Clean up the process effected by the Covid-19 pandemic and the town staff moving to a four-day work week.  It provides applicants with the opportunity to provide less paper copies and provides more time between the submission deadlines and the hearings as well."

6.  Item #72-2024 Opportunity for Public Comments Relating to the FY 2025 Budget
One member of the public provided verbal comments at the meeting.
To access the municipal and school draft budgets and schedule of upcoming meetings related to the approval of proposed budgets, please visit the 2024-2025 Budget Page.

7.  Item #73-2024 Request from Councilor Anderson to Consider a Donation to Project Graduation 2024 - No Vote Taken
Councilor Anderson notified the council that she would be withdrawing this agenda item as she has been informed by parents involved with Project Graduation 2024 that the fundraising goals are about to be met.  Town Manager Matthew Sturgis encouraged future Project Graduation committees to consider applying to the Bottle Shed Grant program.

8.  Item #74-2024 Consider Scheduling a Public Hearing on Pesticide Ordinance Amendments; 7-0 vote.
The Pesticide Ordinance Amendments, formerly named the "Alternative Pesticide Ordinance," will have a Public Hearing on Monday, May 13, 2024 at the next Town Council monthly meeting.

9.  Item #75-2024 Consider Scheduling a Public Hearing to Update the Floodplain Management Ordinance; 7-0 vote.
The Ordinance Committee reviewed the ordinance on March 6, 2024 and voted 2-0 to send the draft to the Town Council for consideration.  The recommendation is to repeal and replace the current ordinance (Chapter 6 Article VI Floodplain Management Ordinance).  Adoption of the ordinance will include adoption of updated floodplain maps.
The council voted to set the Floodplain Management Ordinance to Public Hearing on Monday, May 13, 2024 at the next Town Council monthly meeting.

10. Item #76-2024 Consider Referring ADU Amendments to the Planning Board; 7-0 vote.
Councilor Anderson requested this item to amend Chapter 19 Zoning Ordinance relating to ADU zoning amendments.  Councilor Anderson's request dated February 26, 2024 states that CEO Ben McDougal has identified 3 clarifying amendments for Accessory Dwelling Units.  At the Town Council workshop on March 13, 2024, the council discussed forwarding the amendments to the Planning Board.  On March 25, 2024 the Ordinance Committee considered the amendments.  The amendments allow an existing accessory structure to be converted into an ADU.  The committee agreed to include a provision that prohibits the use of the ADU as a Short Term Rental.  The Ordinance Committee voted 2-0 to recommend the ADU amendments to the Town Council.

The council unanimously voted to refer the ADU amendments to the Planning Board for their review and report back to the council.

11.  Item #77-2024 Request from Councilor Gillis to Consider Placing a Non-Binding Referendum on the November 5, 2024 Ballot Re: Affordable Housing Referendum Question.  Motion to send to Public Hearing on May 13, 2024; 5-2 vote.
Councilor Gillis has agreed to sponsor Cynthia Dill's request to add a non binding referendum question to the November 5, 2024 ballot related to affordable housing at Gull Crest.  Dill spoke during the public comment period for this item and requested that the councilors vote to place this item on the referendum to allow residents to weigh in, "If it is voted down you will never hear from me again, but I don't think that is going to be the case."

Gillis moved to send this to a public hearing at the next council meeting stating that a Housing Diversity Study Committee survey question relating to affordable housing at Gull Crest showed a majority in favor of this concept; suggesting that a public hearing would further gauge town sentiment.
Councilor Thompson seconded the motion.  

Councilor Jordan said that while she is not opposed to assessing that site, she is not in support of a non-binding referendum that could potentially reflect poorly on town residents voting against the item due to inadequate available information.  Additionally, Jordan said that consideration should also be given to the impact an affordable housing project at that location might have on the existing transfer station and recycling center, "It starts to encumber what we can do at a future date around that complex."

Councilor Thompson questioned what other priorities might supersede creating affordable housing at Gull Crest for seniors and young families.  "I think it's time for us to find out if Gull Crest is something that the town citizenry would support.  We have some work to do [complete a methane study] between now and the referendum, but I think this is the logical next step to at least move it to a workshop," Thompson said.

Councilor Jordan Harriman said she does not want to send the referendum question to a public hearing because, "The wording on the referendum is too vague and doesn't give the public a true sense of what we are even asking them."  Jordan Harriman said that she would rather send this to a workshop where the council as a whole can workout a strategy on addressing affordable housing.

Councilor Anderson said a public hearing would be informative to her and added, "We are not married to the language as is; the language can be changed."

Councilor Jordan Harriman asked Assistant Town Manager Debra Lane to clarify at what point must the wording of a referendum must be in place to be included in the November referendum.  Lane answered that the exact wording of a referendum must be set by the end of August in order to be printed on ballots.

Councilors Anderson, Gabrielson, Gillis, Thompson and Chair Reiniger voted in favor of sending the referendum to a public hearing on May 13, 2024.  Councilors Harriman Jordan and Jordan voted against.


12. Item #78-2024 School Budget Validation Referendum Warrant; 7-0 vote.

Cape Elizabeth Town Council approves the School Budget Validation Referendum Election Warrant for Tuesday, June 11, 2024.  Said election will be held at the Cape Elizabeth High School; polls open at 7:00 a.m. and close at 8:00 p.m.  

13.  Item #79-2024 Consider Appointing the Town Council as the Search Committee for a New Town Manager; 7-0 vote. 

14.  Item #80-2024 Consider Approving a Request for Proposals to Hire a Search Consultant for a New Town Manager; 7-0 vote.

15.  Item #81-2024 Enter into Executive Session to Discuss the Hiring and Contract for an Acting Town Manager and Request a Hardship Property Tax Abatement; 7-0 vote.
The council is expected to return to vote on these two items following the Executive Session.

16. Item #82-2024 Consider the Appointment and Contract for an Acting Town Manager; 7-0 vote.
Following an Executive Session, the council returned to the Council Chambers to take action on the appointment and contract of an interim Town Manager.  Councilor Jordan Harriman made the motion to enter into a contract and appoint former Town Manager, Michael K. McGovern, as the interim Town Manager for up to six months.  Councilor Penny Jordan seconded. 

17.  Item #83-2024 Consider a Request for a Hardship Property Tax Abatement; Motion to Deny; 7-0 vote.
Councilor Anderson moved to deny the request.  Councilor Gabrielson seconded the motion.  The vote in support of the motion to deny the request passed unanimously.


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