Town Council Meeting Report

At the September 9, 2024, Town Council Meeting, the council voted on the agenda items listed below.  Councilor Susan Gillis attended remotely.


1.  Motion to Approve Draft Minutes - August 12, 2024; August 19, 2024, August 22, 2024; 7-0 vote.
Approved Minutes:
  • August 12, 2024 Regular Meeting
  • August 19, 2024 Special Meeting
  • August 22, 2024 Workshop


2.  Item #144-2024 Motion to approve Amendments to Chapter 27 Property Tax Assistance Program; 7-0 vote.  Motion to Appropriate additional funding in FY2025 in the amount of $192,000 from Unassigned Fund Balance; 7-0 vote.

Following a public hearing in which no comments were made, the Town Council voted unanimously to approve the recommendation from the Ordinance Committee to amend Chapter 27 of the Property Tax Assistance Ordinance for senior tax relief. The amendments raise the income limit to $70,000 and introduce a system of tiered benefits with maximum benefits increasing from$500 to $750-$1,500 based on income.  

In a separate vote, the council unanimously approved additional funding in FY 2025 of $192,000 from the Unassigned Fund Balance. The estimated cost of the expanded program is $300,000, up from the original budget of $107,000.


3.  Item #145-2024 Motion to Authorize Town Manager to work with town engineers to advance "Option 1" and appropriate $400,000 from the tax grant and $425,000 from the TIF account; 7-0 vote.
Councilor Tim Thompson made a motion to move forward with "Option 1" - the original design developed by Sebago Technics to improve the Town Center Intersection.  Councilor Penny Jordan seconded it.  Both Thompson and Jordan expressed an eagerness to move forward with the only option with funding available and begin a staged approach to improving the intersection's safety.  "We get to take care of some of the safety issues there. To think that a $200 million project five years from now is going to fix the problems that are more immediate today, I really think that Option 1 is the direction with the appropriate design that can position us for the future for other enhancements," Jordan said.

Councilors asked Public Works Director Jay Reynolds if any other options could be implemented in the future.  Reynolds said that after overlaying Option 1 with the other three options, either of the roundabout options included in Options 2 and 3 would be viable.  "What I noticed is that with Option 2, which is the roundabout at Scott Dyer Road, most of the Shore Road improvements would not have to be done a second time.  In reverse, the same is true with Option 3, which is the Shore Road roundabout," Reynolds said.  The third option, known as the "peanut" intersection, would require an entire re-design.

Interim Town Manager Mike McGovern recommended that the motion to move forward be amended to show that the Town Council authorizes the Town Manager to work with town engineers to advance Option 1 and appropriate $400,000 from the tax grant and $425,000 from the TIF account to set those monies aside to carry out the intent of the council.  Councilors Thompson and Jordan accepted this as a friendly amendment.


4.  Motion to Take Item #142-2024 and Item #143-2024 Off the Table from September 4, 2024; 7-0 vote.
The council voted unanimously to take #142-2024 Appointment of a New Town Manager and Item #143-2024 Town Manager Appointment to PACTS off the table from the Special Meeting on September 4, 2024.  At that meeting, Chair Timothy Reiniger informed the public that the council and Town Manager candidate had not completed contract negotiations, but anticipated the items would be taken off the table at the September 9 meeting.

5.  Item #142-2024 Motion to Appoint a New Town Manager 7-0 Vote.
The council unanimously appointed Patrick W. Fox as the new Town Manager with a starting annual salary of $160,000.  Fox will begin his 3-year contract on October 7.  As Town Manager, Fox will also serve as the town's Tax Collector and Treasurer.

6.  Item #143-2024 Motion to Appoint Patrick W. Fox, Town Manager, to serve on the PACTS Policy Committee and GPCOG's General Assembly, effective October 7, 2024; 7-0 vote.
The council unanimously appointed Fox to serve on the PACTS Policy Committee and GPCOG's General Assembly.  Fox has served as Vice Chair of PACTS Policy and Executive Board since 2021.

7.  Item #146-2024 Motion to Approve the Fort Williams Park Committee's Recommendation to increase Fees and Pay & Display fees be charged year-round effective January 1, 2025; 7-0 vote.
On June 20, 2024, the Fort Williams Park Committee voted unanimously in favor of recommending to the council fee increases at Fort Williams Park and a recommendation that Pay & Display fees be charged year-round.  The Town Council approved the recommendations unanimously.  The fee increases and year-round Pay & Display are effective January 1, 2025, through Fiscal Year 2028.

8.  Item #147-2024 Motion to Refer to the Conservation Committee an Easement on Two Lights Road from Richard and Louise Sullivan; 7-0 vote.
The council voted unanimously to refer a conservation easement offer from Richard and Louise Sullivan to the Conservation Committee.  The easement pertains to lot 72 Two Lights Road, which is immediately adjacent to existing town-owned open space and greenbelt trails.  The lot has sufficient land to allow the creation of a second lot, but the Sullivans would prefer to donate a conservation easement to the town roughly equivalent to a second lot.

9.  Item #148-2024 Motion to Request the Town Manager obtain from Code Enforcement an ADU Status Report as Recommended by the Ordinance Committee; 7-0 vote.
The council unanimously approved the recommendation made by the Ordinance Committee on July 23, 2024, to request the Town Manager to obtain an ADU (accessory dwelling unit) status report from Code Enforcement.  The Ordinance Committee would like information regarding the uptake of building permits following the most recent ADU amendments, barriers potential ADU owners are encountering, how many ADU permits have been issued this year, and how many have not been issued because of regulatory barriers.

10. Item #149-2024 Motion to Refer to Workshop a Request from Chair Reiniger Regarding Contract Zoning in the Town Center District; 7-0 vote.
The council voted unanimously to refer Chair Reiniger's request to review Contract Zoning in the Town Center District to a workshop on October 9, 2024.  Reiniger indicated that this policy proposal is inspired by recent developments in the town center, where a developer is seeking Zoning Ordinance amendments, particularly around housing density.  Reinger said that while an increase in units could be positive for the community, "It raises the question of scale and the basic issue, do we want to have all these changes for the entire town center or make them more specific to some of the properties."  The workshop will look at neighboring towns that have enacted such policies and consider a draft policy for Cape Elizabeth.

11.  Motion to Adjourn; 7-0 vote.

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