Public Participation at Town Council Meetings

After an item has been introduced, any person wishing to address the council shall signify a desire to speak by raising their hand or by approaching the lectern. When recognized by the chairman, the speaker shall give his or her name and address or name and local affiliation, if the affiliation is relevant, prior to making other comments. All remarks should be addressed to the Town Council. Comments shall be limited to three minutes per person; however, the time may be extended by majority vote of councilors present. For agenda items that are not formally advertised public hearings, the time for public comments is limited to 15 minutes per agenda item. This time may be extended by a majority of the Town Council. The chairman may decline to recognize any person who has already spoken on the same agenda item and may call on speakers in a manner so as to balance debate. Once the Council has begun its deliberations on an item, no person shall be permitted to address the Council on such item.

Speaking at the meeting on topics not on the agenda at regular Council meetings

Persons wishing to address the Council on an issue or concern local in nature not appearing on the agenda may do so at a regular Town Council meeting before the town manager’s report and/or after the disposition of all items appearing on the agenda. Any person wishing to address the Council shall signify a desire to speak by raising their hand or by approaching the lectern. When recognized by the chairman, the speaker shall give his or her name and address or name and local affiliation if the local affiliation is pertinent. Comments in each comment period shall be limited to three minutes per person and 15 minutes total; however, the time may be extended by majority vote of councilors present.

Decorum

Persons present at Council meetings shall not applaud or otherwise express approval or disapproval of any statements made or actions taken at such meeting. Persons at Council meetings may only address the Town Council after being recognized by the chairman.

Convening of the Meeting by James M. “Jamie” Garvin

Administration of Oaths by the Town Clerk Debra M. Lane

Oaths of Office for Elected Officials Elected on November 7, 2017

Cape Elizabeth Town Council

Valerie A. Randall

Christopher M. Straw

Cape Elizabeth School Board

Mohammad N. Shir

Hope E. Straw

For Reference – Link to List of Selectmen and Town Council Members

Roll Call by the Town Clerk

The Pledge of Allegiance to the Flag

Item# 1-2018 Election of Town Council Chair

The caucus recommends Jessica L. Sullivan.

On this and the other items relating to council organization, the names listed are the persons who appeared to be the consensus choices at the town council caucus held on November 13, 2017.

Recognition of Outgoing Chairman James M. “Jamie” Garvin

Item #2-2018 Conflict of Interest – Spouses Serving on the Town Council and School Board Simultaneously

On November 7, 2017 Christopher Straw was elected to the town council and his wife Hope Straw was elected to the school board. Mr. Straw has asked for “an official position from the Town with respect to both the present situation and for any future potential candidates.”

Link to Request from Mr. Straw and Letter from Town Attorney Thomas Leahy.

Is a person disqualified to serve as a member of the Town Council if the person’s spouse simultaneously serves on the Cape Elizabeth School Board?

If the person is not disqualified, may the person participate, deliberate and vote, with the town council when the school board presents its’ annual budget?

Town Council Reports and Correspondence

Finance Committee Report

Financial Reports and Dashboard

Citizen Opportunity for Discussion of Items Not on the Agenda

Town Manager’s Monthly Report

Review of Draft Minutes of November 6, 2017 meeting.

Link to Results of Caucus Held November 13, 2017

Item# 3-2018 Adoption of Town Council Rules

Item# 4-2018 Appointment of the Finance Committee

James M. “Jamie” Garvin as chairman and the Council as a whole to serve as the finance committee.

Item# 5-2018 Appointment of Ordinance Committee

Penelope A. Jordan as chairman and Caitlin R. Jordan and Valerie A. Randall as members.

Item# 6-2018 Appointment of an Appointments Committee

Sara W. Lennon as chairman and James M. “Jamie” Garvin and Christopher M. Straw as members.

Consent Agenda

Items # 7-16 will be considered en bloc. The council chairman will entertain a single motion to approve Items # 6-16. Any councilor may request for any item to be removed from the consent list and be separately voted.

Item# 7-2018 Appointment of Representatives to ecomaine Board of Directors

James M. “Jamie” Garvin and Matthew E. Sturgis for terms to expire on December 31, 2018.

Item# 8-2018 Appointment of Representative to Greater Portland Council of General Assembly, Metro Coalition and Executive Committee

Jessica L. Sullivan, General Assembly and Metro Coalition

Matthew E. Sturgis, Executive Committee

Item# 9-2018 Appointment of Representative to PACTS Policy Committee

Matthew E. Sturgis

Item# 10-2018 Appointment of Representative to MMA Legislative Policy Committee and MMA Convention Delegate

Christopher M. Straw for a term until December 2018.

Item# 11-2018 Appointment of Representative to Thomas Memorial Library Foundation

James M. “Jamie” Garvin

Item# 12-2018 Appointment of Representative to Greater Portland Economic Development Corporation

Valerie A. Randall

Item# 13-2018 Appointment of Representative to Portland Jetport Noise Advisory Committee

Sara W. Lennon

Item# 14-2018 Appointment of Representatives to Thomas Jordan Grants Subcommittee

Caitlin R. Jordan to 12/2020

Penelope A. Jordan to 12/2019

Sara W. Lennon to 12/2018

Item# 15-2018 Appointment of Vice Chair of Museum at Portland Head Light

James M. “Jamie” Garvin

Council Chairman Jessica L. Sullivan is chairman per the by-laws.

Item #16-2018 Continued Service on Comprehensive Plan Committee and Harbors Committee

The council caucus confirmed the continued service on the following ad hoc committees:

Comprehensive Plan Committee

Penelope A. Jordan

Sara W. Lennon

Harbors Committee

Caitlin R. Jordan

Katharine N. Ray, Former Town Councilor

Item# 17-2018 Code of Ethics

Town Council Rules provide that each council member will annually sign an attestation that they have read and understand the Council Code of Ethics.

Item# 18-2018 Schedule of Council Meetings for 2018

It is recommended to approve the following regular, special and workshop meeting dates for the

council year 2018. Council meetings and workshops are included in the meetings calendar on the

town’s website. Any changes including date, time and place will be noted on the calendar.

Links to 2018 Meeting Schedule and Budget Review Schedule for FY 2019

Regular and Special meetings Workshop

December 11, 2017 (Regular Meeting and Organizational Meeting for 2018) December 14, 2017 (Council Goals and FOAA)

January 8, 2018 January 17, 2018

February 12, 2018 February 6, 2018

March 12, 2018 March 20 and 21, 2018 (Budget Workshops)

April 9, 2018 (Regular Meeting and Opportunity for Budget Public Comments) April 24* and 25, 2018 (Budget Workshops)

May 7, 2018 (Special Council Meeting – Budget Public Hearing) May 1, 2018

May 14, 2018 (Regular Meeting and Vote on the FY 2019 Budget)

June 11, 2018 June 5, 2018

July 9, 2018

August 13, 2018

September 10, 2018 September 6, 2018

October 10, 2018 (Wednesday) October 2, 2018

November 14, 2018 (Wednesday) November 13, 2018 (Organizational Caucus for 2019)

December 10, 2018 (Regular Meeting and Organizational Meeting for 2019) December 13, 2018 (Council Goals and FOAA)

*4/24/2018 Budget presentation from the School Board

Public Hearing Change to the Off-Leash Area in Fort Williams Park

On October 11 the town council referred to the ordinance committee a recommendation of the Fort

Williams Park Committee to change the existing delineation of the off-leash area in Fort

Williams Park, Chapter 7 Dogs Section 7-1-7 Dogs to be Restrained on Municipal Property.

A public hearing was scheduled on November 6, 2017 for December 11, 2017.

Item #19-2018 Change to the Off-Lease Area in Fort Williams Park

Link to Recommendation from the Ordinance Committee

Following the public hearing the town council may adopt, refer back to the ordinance committee for

further review or refer the vote to the regular meeting on January 8, 2018.

Item #20-2018 Fort Williams Park Food Vending Sites Recommended Changes

Link to Draft Minutes Fort Williams Park Committee November 16, 2017

The Fort Williams Park Committee met on November 16 and discussed changes to the Fort Williams

Park Vending Site requirements in preparation for obtaining requests for proposals for the 2018

season.

The Fort Williams Park Committee recommends the following changes to the minimum bid and site

sizes:

Vendor Permit Fee

4/1/2018 – 11/18/2018 Recommended Change

Permit 1 Site A – PHL South Minimum Bid $4000 to $2,000

Permit 2 Site B – PHL North* Minimum Bid $4000 to $4,500

Permit 3 Site C – Channel Overlook* Minimum Bid $4000 to $4,500

Permit 4 Site D – Ship Cove Minimum Bid $3000 to $2,000

*Includes Power

Concession Site Size

Concession unit square footage limitations for each site:

Recommended Change

Site A 90 sq. ft. to 50 sq. ft.

Site B 90 sq. ft. to 90 sq. ft.

Site C 90 sq. ft. to 90 sq. ft.

Site D 90 sq. ft. to 50 sq. ft.

Item #21-2018 Request from the Cape Elizabeth Land Trust for Funds for Robinson Woods III

Link to Request and Survey

The Town has received a request from the Cape Elizabeth Land Trust for funding to assist with the

purchase of 51.9 acres abutting the Robinson Woods Preserve. The purchase price is $845,000. CELT

is requesting a contribution from the Town of $281,666 or one-third of the asking price.

It is recommended the request be referred to a future workshop.

Item #22-2018 Consideration of Authorizing Funds to Enter into an Agreement with Good Group Decisions to Moderate Paper Streets Discussion

The town council voted on November 6, 2017 to hold facilitated discussions on paper streets and directed the town manager to provide a proposal.

The town manager recommends entering into an agreement with Good Group Decisions to

moderate discussions related to the continued discussion of paper streets (Atlantic Place, Surfside

Avenue and Lighthouse Point Road). It is further recommended the town council authorize the

expense of up to $2,506 from account 0150-2081 (Special Committees) to fund the recommendation.

Item# 23-2018 Appointments to Boards and Committees

For Reference - Link to Boards and Committees Reference Documents

Link to Appointments Committee Recommendations

The Appointments Committee recommends the following appointments to boards and committees with new terms beginning January 1, 2018.

Board / FirstName / LastName / TermExpires / Recommendation / Address / TermExpires
Board of Assessment Review / Michael R. / Connell / 12/31/2017 / Michael R. Connell / 6 Gladys Road / 12/31/2020
Community Services Committee / Tara / Simpoloulos / 12/31/2017 / Tara Simpoloulos / 19 Salt Spray Lane / 12/31/2020
Community Services Committee / Joseph / Whalen / 12/31/2017 / Jonathan Mortimer / 160 Mitchell Road / 12/31/2020
Conservation Committee / Mark / Fleming / 12/31/2017 / Mark Fleming / 54 Hunts Point Road / 12/31/2020
Conservation Committee / Jeremy / Gabrielson / 12/31/2017 / Jeremy Gabrielson / 5 Rocky Knoll Road / 12/31/2020
Firing Range Committee / Town Council / Appointed / 12/12/2016
Fort Williams Park Committee / Joseph / Kozlowski / 12/31/2017 / Joseph Kozlowski / 31 Park Circle / 12/31/2020
Fort Williams Park Committee / Suzanne / McGinn / 12/31/2017 / Suzanne McGinn / 1180 Shore Road / 12/31/2020
Fort Williams Park Committee / Chris / Straw / 12/31/2017 / Doreen Johnson Theriault / 8 Hunts Point Road / 12/31/2020
Personnel Appeals Board / Patricia / Rzeszutko / 12/31/2017 / Patricia Rzeszutko / 6 Waumbek Road / 12/31/2020
Planning Board / Josef / Chalat / 12/31/2017 / Josef Chalat / 12 Channel View Road / 12/31/2020
Planning Board / Peter L. / Curry / 12/31/2017 / Peter L. Curry / 8 Stonybrook Road / 12/31/2020
Henry / Steinberg / 12/31/2019 / John C. Thibodeau / 21 Salt Spray Lane / 12/31/2019
Recycling Committee / Tracy / Floyd / 12/31/2017 / Nicole Boucher / 14 Grover Road / 12/31/2020
Recycling Committee / Jennifer H. / MacDonald / 12/31/2017 / Jennifer H. MacDonald / 5 Olde Colony Lane / 12/31/2020
Riverside Cemetery Committee / Gerald B. / Sherry* / 12/31/2017 / April Powell / 231 Fowler Road / 12/31/2020
Thomas Memorial Library Committee / Gil / Brennan / 12/31/2017 / Megan Cotter / 5 Thrasher Road / 12/31/2020
Thomas Memorial Library Committee / Julia / Bassett Schwerin / 12/31/2017 / Sigrid Olson / 12 Ocean View Road / 12/31/2020
Deborah / Peck / 12/31/2018 / Kathleen Kent / 74 Wells Road / 12/31/2018
Board of Zoning Appeals / Josh / Carver / 12/31/2017 / Kevin Justh / 9 Spruce Lane / 12/31/2020
Board of Zoning Appeals / Stanley / Wisniewski / 12/31/2017 / Timothy Lunney / 52 Richmond Terrace / 12/31/2020
*Termed Out

Item# 24-2017 Purpoodock Club Licenses

It is proposed to approve the annual malt, vinous, and spirituous licenses and the mobile service bar license and special amusement permits for the Purpoodock Club located at 300 Spurwink Avenue.

Item# 25-2017 Bird Dog Roadhouse License

It is proposed to approve the annual malt, vinous, and spirituous licenses for Cape Hospitality Group DBA Bird Dog Roadhouse at 517 Ocean House Road.

Item# 26-2017 Acceptance of Annual Gifts and Donations

Link to Gift List

It is proposed to accept gifts/donations received in 2017 with appreciation.

Item #27-2018 Consideration of a Standing Renewable Energy Committee

Link to Recommendation from the Ordinance Committee

Link to Draft Chapter 4 Boards and Committees

A recommendation of the ad-hoc Alternative Energy Committee to create a standing renewal energy committee was reviewed by the town council at the 5/1/2017 and 10/2/2017 workshops. At the October council meeting the recommendation was referred to the ordinance committee for review.

The town council may refer back to the ordinance committee for further review, refer to workshop for further discussion or set a public hearing.

Item #28-2018 Request of the Harbors Committee to Extend the Deadline