At the November 13, 2024, Town Council Meeting, the council voted on the agenda items listed below.  Councilor Susan Gillis attended remotely.

1. Motion to Approve Draft Minutes from October 16, 2024 Regular Meeting and October 28, 2024 Special Meeting: Vote 7-0

2. Item #160-2024 - Motion to Adopt the General Assistance Ordinance (9/2024) and Appendices (A,B, D-h and Recovery Residences) October 1, 2024 - September 30, 2025:  Vote 7-0

3. Item #161-2024 - Consideration of a Food Truck Special Use Permit for the Cape Community Arena Group: Vote 7-0

The Special Use Permit allows the Cape Community Arena Group to contract with varying food truck companies for skate sessions at Gull Crest for dates in December 2024 to February 2025.  CCAG is responsible for trash and food collection.

4.  Item #162-2024 Presentation of the Gull Crest Methane Gas Study Report and Motion to Acknowledge receipt of the Arcadis Landfill Soil Sampling Report of September 20, 2024: Vote 7-0

In February 2024, the Town Council authorized the Town Manager to hire a qualified firm to investigate the potential impacts associated with landfill gas migration and other issues related to the nearby landfill that may affect the development of a housing development.  Acardis was contracted by Town Engineer Steve Harding of Sebago Technics to conduct a soil gas migration study and a PFAs soil sampling. Both studies showed no limiting factors which could not be mitigated that would prohibit future housing development.  The council vote simply acknowledges receipt of the reports.

5. Vote to take Item #159-2024 - Revocable License Agreement for Cookie Jar Parking Spaces - Off the Table:  Vote 4-3

At the October 28, 2024 Special Town Council Meeting, Item #159-2024 was tabled until the next meeting.  Councilors Jeremy Gabrielson, Caitlin Harriman, and Penny Jordan voted against taking the item of the table; Councilors Stephanie Anderson, Susan Gillis, Tim Thompson, and outgoing Chair Tim Reiniger voted in favor.

6. Item #159-2024 Revocable License Agreement for Cookie Jar Parking Spaces: Votes (1) 7-0 to Amend Tabled Motion; (2) 5-2 to Approve Amended Motion; and (3) 4-3 to authorize Town Manager to offer a Revocable License Agreement with Cookie Jar.

The motion tabled at the October 28, 2024 meeting was the proposed license agreement developed by Chair Reiniger over a proposed agreement drafted by Town Attorney Mary Costigan.  The license agreement allows the Cookie Jar to encroach approximately two and half feet into the town right-of way for parking purposes, while maintaining $1 million in liability insurance.  

Since that meeting, the 1999 site plan for the Cookie Jar has been produced and includes the existing parking spaces in front of the Cookie Jar.  As result, Reiniger created November 13 edits to Costigan's original draft agreement to be used in place of his own draft from October 28.  Councilor Thompson made the motion to amend the tabled motion and substitute it with Reiniger's November 13 draft. This motion passed unanimously.  The motion to approve the amended license with Cookie Jar passed 5-2; councilors Harriman and Jordan voted against it.  The final motion, to authorize Town Manager Patrick Fox to offer a Revocable License Agreement with the owners of the Cookie Jar, passed by a vote of 4-3.  Councilors Gabrielson, Harriman, and Jordan voted against the motion.

The Planning Board will continue to review the Cookie Jar's application for a site plan amendment to include a new egress at the rear of their property at the November 19 Planning Board meeting.

7.  Item #163-2024 Motion to approve a Lactation Work Policy at the Thomas Memorial Library: Vote 6-0; 1 recused vote.

Thomas Memorial Library Committee's recommended Lactation Work Policy, based on a template provided by the Maine Breastfeeding Coalition, was approved by a vote of 6-0.  Outgoing Councilor Gabrielson recused himself from the vote due to a family member's employment at the library.  The policy ensures that breastfeeding, chestfeeding, or lactating employees are welcomed and have access to appropriate facilities and accommodations that enable them to express milk during working hours and suffer no discrimination.

8. Item #164-2024 Motion to Accept the National Fish and Wildlife Foundation Grant for Design of the Replacement Culvert on Spurwink Avenue: Vote 7-0

The council voted unanimously to accept a grant from the National Fish and Wildlife Foundation in the amount of $122,360 with a matching grant from the  Town in the amount of $11,000 to be funded by the Unassigned Fund Balance.  The grant will be used to design a replacement for the Spurwink Avenue culvert located on the Spurwink River.  Councilor Gabrielson said that this project was identified several years ago during a review of all town culverts and that this particular culvert was identified as a high-priority project.  The replacement will maintain a viable north-south traffic flow in town and benefit wildlife movement on the Spurwink River.  "I want to really hold this up and thank the Town Planner [Maureen O'Meara] as well as the other folks who have worked with her to go after this National Fish and Wildlife Foundation grant.  It is a nationally competitive funding source and I think it really reflects the importance of this project and the good design work that's gone into it that we were awarded these funds," Gabrielson said.

9.  Item #165-2024 Motion to Confirm Appointment of IT Director: Vote 7-0

The council voted unanimously to affirm Town Manager Fox's appointment of Jason Lund as the IT Coordinator for the Town of Cape Elizabeth effective November 25, 2025.  This is a new a position developed by the council during the Fiscal Year 2025 budget process.  Lund, who has been serving the Cape Elizabeth School Department and the Town's IT needs since 1999, will lead and oversea all municipal information technology operations.  The hiring committee reviewed internal and external applicants for this position and confidently selected Lund as the candidate to move the Town forward to foster innovation, collaboration, and continuous improvement.

10. Item #166-2024 Discussion Regarding Filling the Appointment of Town Assessor and Motion to Direct Town Manager to Oversee a Hiring Committee:  Vote 7-0

At the October 16 Town Council meeting, the council voted to have Town Manager Fox move forward with a contract agreement with Cumberland County for a shared Assessor.  Cape Elizabeth's Assessor Clint Swett resigned effective October 17.  However, since the October meeting, Fox was informed by the County that the capacity to share an assessor between other towns was no longer an option.  As a result, the council voted unanimously in favor of Fox's recommendation to form a hiring committee of up to 2 staff members to assist the Town Council in the search for a new town assessor.  In addition, the council appointed Councilor Anderson to the hiring committee.  The full council will interview the final two candidates in Executive Session following recommendations from the hiring committee.

Pursuant to the Council-Manager Charter, the Town Council appoints the Town Assessor. 

11.  Motion to Adjourn:  Vote 7-0

The meeting agenda, meeting materials, transcripts, and video recording are available here.