Town Council Meeting December 14, 2020

Open Agenda PDF

1. Convening of Meeting 00:00:20

Jeremy Gabrielson makes Introduction of Newly-Elected Town Councilors and School Board Members on November 3, 2020 town council and school board members were elected for three-year terms beginning December 14, 2020. Earlier in the day, members met individually with Town Clerk Debra Lane to take the Oath of Office.


2. Roll Call 00:01:04


3. Pledge of Allegiance 00:01:36


4. Item #1-2021 Election of Town Council Chairman 00:02:00

Draft Motion: ORDERED, the Cape Elizabeth Town Council elects James M. "Jamie" Garvin to serve as chairman for 2021.


5. Town Council Reports and Correspondence 00:04:38


6. Finance Committee Report 00:07:41

Review of Financial Dashboard and Reports Ending November 30, 2020.


7. Citizen Opportunity Discussion Non-Agenda items 00:12:08


8. Town Manager's Monthly Report 00:12:30


9. Review Draft Minutes for two virtual meetings 00:17:42

Town Council Minutes October 14, 2020 Town Council Minutes November 9, 2020


10. Item #2-2021 Adopt Town Council Rules 00:18:50

The town council will review the rules for the conduct of meetings. Any town councilor may propose any changes or additions for council review and action.


11. - 24: 3-2021 through 16-2021 En Bloc 00:23:40

Consent Calendar and Appoint town council members to various boards and committees as proposed by the caucus held November 10, 2020.


25. Item #17-2021 Code of Ethics 00:26:50

Town Council Rules provide that each council member will annually sign an attestation that they have read and understand the Code of Ethics for the Town Council. Any town councilor may propose any changes or additions for council review and action. The Town Clerk will arrange signing by each council member.


26. Item #18-2021 Schedule Council Meetings 2021 00:28:45

Draft Motion: ORDERED, the Cape Elizabeth Town Council approves the 2021 meeting schedule and FY 2022 budget review schedule as presented.


27. Item #19-2021 Purpoodock Club Liquor Licenses 00:29:52

The Purpoodock Club is requesting approval of the annual special amusement permit and malt, vinous and spirituous license, and mobile service bar. No concerns have been raised by police, fire and code enforcement.


28. Item #20-2021 Annual Appts. Boards/Committees 00:32:25

Several vacancies are still available. The deadline to submit applications is Wednesday, December 23 at 4:00p.m. Draft Motion: ORDERED, the Cape Elizabeth Town Council approves the recommendations of the Appointments Committee to appoint citizens to boards and committees. New terms begin on January 1, 2021.


29. Item #21-2021 Appointment Registrar of Voters 00:35:09

Draft Motion: ORDERED, the Cape Elizabeth Town Council reappoints Debra M. Lane to serve as Registrar of Voters for a term to expire January 1, 2023 and until a successor is appointed and sworn.


30. Item #22-2021 Short Term Rental Amendments 00:37:02

On July 13, 2020 and August 10, 2020 the town council referred to the planning board review of the short term rental amendments and a request to amend the 2019 Comprehensive Plan recommendation #86. The planning board held workshops on August 4, September 22, October 6 and November 4, 2020. A public hearing was held on November 17, 2020. The planning board has provided draft amendments to the short term rental ordinance and offers consensus comments to further revise the amendments.


31. Item #23-2021 Comp. Plan Amendment Rec. 01:28:55

In conjunction with Item #21-2021 the planning board (7-0) recommends the following revision to the 2019 Comprehensive Plan to replace Recommendation #86 with the following: #86 Restrict Short Term Rentals (STR) to protect the peaceful quiet enjoyment of neighborhoods and preserve housing stock. Limited STR activity associated with primary residency, or in lower density portions of town, may be allowed within a permit structure that allows tracking of activity and funding for enforcement.


32. Item #24-2021 Pay/Display at Fort Will. Park 01:30:20

Draft Motion: ORDERED, the Cape Elizabeth Town Council approves the recommendation from the Fort Williams Park Committee to continue the pay and display parking program at Fort Williams Park from April 1, 2021 - November 15, 2021.


33. #25-2021 Concert Series at Fort Will. Park 01:36:00

Draft Motion: ORDERED, the Cape Elizabeth Town Council approves the recommendation of the Fort Williams Park Committee to approve a music in the park series sponsored by Cape Elizabeth Community Services entitled Sounds by the Sea at Fort Williams Park.


34. Item #26-2021 Highway Safety Grant 01:45:00

Draft Motion: ORDERED, the Cape Elizabeth Town Council accepts and appropriates a grant award of $1954.88 from the Maine Bureau of Highway Safety Impaired Driving Enforcement Grant to account 0725-4453. The grant will reimburse staff costs during enforcement operations. Any match requirements will be met through the police department's operating budget, as allowed by the terms of the grant. The grant period of December 18, 2020 to September 6, 2021.


35. Item #27-2021 Property Tax Assistance Program 01:46:50

On January 14, 2019 the town council adopted Chapter 27 Property Tax Assistance Ordinance. The ordinance requires the tax assessor to submit a report to the town council annually no later than December 31st. Sec. 9. Annual Report to the Town Council The Tax Assessor shall report in writing to the Town Council no later than December 31st of each year the projected payments, number of eligible applicants requesting assistance for the program fund, and any surplus or shortage of program funds as described in Sec. 3. Draft Motion: ORDERED, the Cape Elizabeth Town Council acknowledges receipt of the report from the tax assessor relating to the 2021 property tax assistance program as required by Chapter 27 Property Tax Assistance Ordinance Sec. 9 Annual Report to the Town Council.


36. Item #28-2021 Willow Brook Culvert Replacement 01:58:42

Draft Motion: ORDERED, the Cape Elizabeth Town Council accepts the grant for the Willow Brook Culvert Replacement Project from the Maine Natural Resource Conservation Program (MNRCP) in the amount of $343,281 conditional upon the completion of a tidal study with the results presented to MNRCP.


37. Item #29-2021 Easement Deed - CMP/Verizon 02:07:15

The town manager is recommending granting a standard utility easement to Central Maine Power and Verizon that would allow them to run power and phone lines to the communications tower site on Dennison Drive.


38. Item #30-2021 Accep Annual Gifts/Donations 02:09:42

Draft Motion: ORDERED, the Cape Elizabeth Town Council accepts gifts and donations received in 2020 with appreciation.


39. Citizens comment on Non-agenda items 02:10:58


40. Adjournment 02:11:10