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Town of Cape Elizabeth E-Newsletter

E-Newsletter

FEBRUARY 28, 2025

Melting Icicles

Melting in the Right Direction

“In the depth of winter, I finally learned that within me there lay an invincible summer.” A. Camus

As the snowy month of February comes to a close, we recognize the perseverance and dedication of our town staff and volunteers, whose hard work through the winter lays the foundation for the accomplishments of spring. Their commitment during these colder months prepares us for the opportunities and progress that come with longer days and warmer temperatures.

As you will see, though February is the shortest month of the year, it has been a busy and productive one, setting the stage for the upcoming budget season.  Information on the Municipal Budget will be posted on the Town website as materials become available.

BUDGET SCHEDULE

Municipal Budget

At a February 27, 2025 Town Council Workshop, Finance Director Kristie Bradbury provided with a brief review of the municipal budget schedule and budget binder which will be delivered to the Town Council and published on the website on Monday, March 3.  The council will have a week to review the budget materials before receiving an indepth budget overview from Bradbury and Town Manager Fox on Monday, March 10.

Bradbury highlighted the three basic funds included in the municipal budget:

1. General Fund - This is where the taxes and all general services are. "Nothing extraordinary should come out of this fund."
2. Special Revenue Funds - Are for specific purposes, earmarked by grants for a specific item. The town's sewer fund is an example of a current special revenue fund.
3. Capital Project Funds - Funds for capital projects and acquisition of purchases. Examples of current capital projects include a townwide CIP fund and a Riverside CIP.

The Town Council Finance Committee will begin a review of all department accounts on Monday, March 17 and Thursday, March 20.  Both meetings will begin at 6:00 PM in the Council Chambers, with live streaming and remote participation.

School Board Budget

The School Board held their second budget workshop on February 25, 2025. The agenda included a review of Questions & Answers from the board and a discussion of the EPS formula used to in the State's ED 279 Report.  

The school department faces a reduction of $793,287 in State funding for FY26. This significant cut is due primarily to the higher Maine State Revenue three-year valuation calculation of Cape Elizabeth which shows an 18% increase.

Superintendent Chris Record explained that the Essential Program and Services (EPS) formula provides the state with a mechanism for establishing a minimum funding level for achieving the state learning results in an equitable way to distribute the funding responsibility between local communities and the state.  This determination is based local property valuation.  The higher the local valuation, the less state funding will be given and the more local school departments will have to make up the difference through taxes.

The EPS formula provides minimum funding and is bult upon a goal of students meeting, not exceeding the state benchmarks through specific staff:student ratios (teachers, ed techs, guidance, librarians, admin assistant, administration, etc.).  The EPS formula is not a formula for creating and/or sustaining an excellent school district.  

The School Board will continue discussions and revisions of the budget at their next budget workshop scheduled for March 25 at 6:00 PM.

TOWN COUNCIL UPDATES

Town Center Amendments

Following a public hearing on February 10, 2025, the council voted 5-2 to approve amendments to Chapter 19 Zoning Ordinance related to Town Center Amendments as developed by the Planning Board.  The amendments were created in response to a request for zoning changes to the Town Center District by HardyPond Development in late July 2024. Instead of considering changes for just one development, the Planning Board put together an amendment package to establish a category of development for "Multifamily housing located 125' or more from a public road right-of-way in the Town Center District."  A qualifying development, such as HardyPond, would be eligible for an alternative set of dimensional requirements.  Councilors Stephanie Anderson and Tim Thompson voted against the motion, with Anderson previously making an unsuccessful attempt to modify the proposed amendments to reflect the developer's original zoning requests.

Following the February 10 vote, Chair Penny Jordan requested that the Council hold a Special Meeting on February 27 to potentially reconsider the approved amendments. This request arose from discussions with both Town Manager Fox and residents advocating for a citizen referendum on the amendments. Recognizing the value that a project like HardyPond brings to the town, the Special Meeting aimed to explore revisions that could create a compromise between the approved amendments and those requested by the developer. However, on February 26, the Special Meeting was canceled due to the filing of a Citizen petition on February 24.  The Citizen petition, with signatures verified on February 27, suspends the enactment of zoning amendments passed by the council pending a referendum vote.

At a February 27 Town Council workshop, originally scheduled to follow the Special Meeting, Chair Jordan explained that had the council the opportunity to reconsider the amendments, “I truly believe that we could have put together a set of amendments that may have satisfied all the parties involved. The special meeting was canceled because there didn’t appear to be a path forward once the petitions were handed in.”  Per the Town Charter, reconsidering the passed amendments after a verified petition has been delivered is not permitted: “Pending action by referendum, the referred ordinance shall be suspended from going into operation until it has received an affirmative vote of the majority of the voters on said question.”  

Aside from awaiting the results of the referendum, the only other possible avenue for the HardyPond project to move forward at this point would be for the Town Council to consider contract zoning as requested by the developer.

TOWN CENTER AMENDMENTS

Supplemental LD 2003 Amendments

Set to Public Hearing for March 10

At the February 10, 2025  Town Council meeting, the council voted to set the Supplemental LD 2003 Amendments to a Public Hearing on Monday, March 10, 2025.  Councilors Anderson and Thompson voted against the motion.

The Supplemental LD 2003 Amendments package is informed by the LD 2003 amendments adopted by the council in November 2023, which were subsequently repealed and replaced on December 11, 2023. These proposed Supplemental LD 2003 Amendments update the Zoning Ordinance to align with state law. References concerning compliance with LD 2003 are presented in green box sidebars within the draft amendment. Additionally, the amendments include the following items for which the Town Council requested further policy review.

ADU maximum size recommendation 1,600 sq. ft. This maximum also addresses a request to provide flexibility for ADUs created in existing building space. State law establishes a minimum ADU size of 190 sq. ft, but no maximum size.

ADU maximum for existing spaces unchanged. The above recommendations address this component.

Existing ADU conversion restores the original maximum size exemption for existing accessory structures to convert to ADUs.

Maximum Building Coverage limit for nonconforming lots. This is a recommendation from the Code Enforcement Department to provide some relief for nonconforming lots that are limited to 25% (sewered lots) and 20% (subsurface wastewater disposal) building coverage.

PROPOSED SUPPLEMENTAL LD 2003 AMENDMENTS

SUPPLEMENTAL LD 2003 MEMO

Housing Creation Goals

Alongside the supplemental LD 2003 amendments, the Council began discussing the development of a directional statement at the February 27 workshop. This statement could serve as a guiding framework for setting housing goals and implementing housing strategies in Cape Elizabeth. The Council will draw upon the findings of the 2023 Final Report of the Cape Elizabeth Housing Diversity Study Committee to inform its approach.

In a draft statement from Chair Jordan, the Town will seek to create opportunities for workforce housing, affordable housing and other housing options for people seeking to live and thrive in Cape Elizbeth, resulting in a vibrant and economically diverse community.

Some of the ways in which to achieve these goals are listed below:

• Accessory Dwelling Units in all zoning districts.

• Diverse housing topography that includes multifamily and single-family solutions.

• Changes to density and zoning ordinances that will increase affordable and workforce housing options.

• Ordinance changes to leverage in-fill as well as non-conforming lots.

• Updates to inclusionary zoning.

• Employ an array of financial tools to facilitate housing creation (e.g.

trusts, public/private, etc)

• Consideration of housing opportunities on town-owned property.

As the draft statement and path forward develops , Chair Jordan said there needs to be, "Multiple strategies that we employ if we are going to make inroads into creating housing in Cape Elizabeth."

Ad-Hoc HDSC Final Report 2023

SCHOOL BUILDING PROJECT UPDATE

School Board Approves Phased Three-School Building Plan

At a special business meeting on February 24, the Cape Elizabeth School Board unanimously approved the Phased Three-School Building Plan, moving it forward to the Town Council for review. The plan includes constructing a new middle school, building an addition to Pond Cove Elementary and critical improvements to Cape Elizabeth High School.

“After years of work and collaboration with some of the state’s top experts, we are confident that this Phased Three-School Building Plan is the right choice for Cape Elizabeth students and taxpayers,” said Dr. Christopher Record, Superintendent of Cape Elizabeth Schools. “This fiscally responsible plan prioritizes student needs and safety while also creating spaces that will benefit the entire Cape Elizabeth community.”

The proposal calls for the construction of a new middle school, an addition to Pond Cove Elementary School, and critical repairs to Cape Elizabeth High School. The $86.5 million plan represents a $7.5 million reduction from the proposal presented in the November 2024 ballot question.

“For nearly eight years, the School Board has been working on a plan to address the district’s aging infrastructure, and the need has only grown,” said Phil Saucier, Chair of the School Board. “For the long-term financial health of our town and the safety of our students, it is imperative that we ‘reset the clock’ on one of our aging buildings, and Cape Elizabeth Middle School has the greatest need. Furthermore, if approved, this plan will allow us to immediately address critical repairs at both Cape Elizabeth High School and Pond Cove Elementary. I believe this is the right plan for our schools and our community.”

The Phased Three-School Building Plan will now be submitted to the Cape Elizabeth Town Council for consideration. School Board members urged the Town Council to place the bond on the June ballot, warning that delaying the vote until November could increase project costs by at least $1 million.

PLANNING BOARD UPDATE

Landscape rendering courtesy of John D. Mitchell

Blue Meadow Subdivision Approved

At the February 18, 2025 Planning Board meeting, the Blue Meadow Final Subdivision Review and Resource Protection Permit application was approved by the board by a vote of 6-0.  Board member Matthew Caton was absent. 

Prior to the Planning Board approval, the Conservation Committee voted 6-0 in favor of recommending the Resource Protection permit and open space layout, with the condition that a note be added to the plan that the trail layout may include a loop trail, and noting appreciation for the 2 parking spaces provided for open space users and support for the open space layout.

The application, submitted by BRKR LLC in August of 2024, was deemed complete on January 21, 2025 and a public hearing was held on February 18.  The approved application allows for the construction of an 18-unit condominium projected located at 90 Ocean House Rd. A condition was made that no alteration of the site could be made until the DEP has issued a permit for the site.  Among several conditions,the applicant will submit a formal copy the DEP permit before construction begins.

BUE MEADOW SUBDIVISION REVIEW

FORT WILLIAMS PARK COMMITTEE UPDATE

Powers Road enhancements courtesy of Gorrill Palmer

The Fort Williams Park Committee provided the Town Council with an update on the 2021 Fort Williams Park Master Plan at the February 27 Town Council Workshop.  Recommendations taken from the 2021 Master Plan are reviewed and prioritized each year by the committee.  One such project was the Powers Road Feasibility Study.  This project went out to bid and was awarded to Gorrill Palmer Consulting Engineers.  The final report was submitted in November 2024.  

The report recommends the following to address safety enhancements, traffic flow and accessibility, enhancing visitor experience, and long-term sustainability:

Re-engineering Powers Road to improve road width, grading, curbing, signage, and crosswalk locations.

Separating pedestrian and vehicle traffic by adding a 10-ft-wide multi-use path for pedestrians and cyclists.

Implementing traffic calming measures, such as raised speed tables, colored pavement, and differentiated surfaces.

Adding landscaping and greenery, including street trees and plantings, while preserving key sightlines.

Reconfiguring Central Parking to improve traffic flow and pedestrian safety.

Enhancing the sledding hill area to create a safer space, preventing potential conflicts with vehicles

Due to a total project estimated cost of $4.7 million, the report includes a option of phased construction plans over several years.  In addition to funding the project, other challenges inculde managing park access during construction, accommodating large vehicles, balancing development with environmental impact, and funding approval through public referendum.

Town Council indicated support for the project, but acknowledged the reality of current capital funding constraints and has requested a detailed breakdown of costs and phasing options before making a decision.  This includes waiting until they have had the opportunity to do a comprehensive town budget review for FY 2026.  

Goddard Mansion

The Fort Williams Park Committee also addressed a long-debated restoration of Goddard Mansion at Fort Williams Park. The mansion, currently in a deteriorated state and surrounded by fencing, has been a key topic in multiple master plans. Surveys indicate strong public interest in preserving the site. The proposed plan involves removing debris, replacing chain-link fencing with more aesthetic barriers, and transforming part of the structure into an open-air museum with historical displays. The estimated cost is $325,000, and while full restoration isn’t feasible now, the effort aims to stabilize the mansion and enhance its appearance for future use, potentially as an event space.

GORRILL PALMER REPORT, NOVEMBER 4, 2024

RECYCLING COMMITTEE VACANCY

The Town Council’s Appointments Committee is accepting applications from residents to fill a vacancy on the Recycling Committee. 

The term is effective upon appointment by the Town Council and expires 12/31/2027.

Applications must be submitted no later than 5:00 p.m. on Monday, March 3, 2025.

ONLINE APPLICATION

CEPD ISSUES SCAM ALERT

***SCAM ALERT-GRANDPARENT IN JAIL***

Over the past few days, the Cape Elizabeth Police Department has learned that multiple Cape Elizabeth residents received calls from someone claiming to be a family member stating they had been arrested and needed money to be bailed out of jail. This can be an extremely unsettling situation to be in, but please know that this is part of a scam commonly known as “The Grandparent in Jail Scam.” 

WHAT IS THE GRANDPARENT IN JAIL SCAM?

This scam often highlights the role of emotions in deception and is called the “grandparent” or “emergency” scam. The basis of the scam involves deceiving older adults into believing a grandchild is in peril and coercing the grandparents into providing money to the fraudster. By instilling fear in older adults and using a sense of urgency, the fraudster manipulates the target into making a rash decision.

 So what does the scam look like?

• A person calls an unsuspecting grandparent and pretends to be a grandchild. They often ask “Do you know who this is?” in order to get the name of the grandchild from the grandparent. They then assume their identity and gain credibility with the grandparent.

• The caller states they are in some sort of trouble like having been in an accident, are in jail or stuck abroad. They will ask for urgent help in the form of money to pay for medical expenses, a fine, bail, or travel home.

• To make it seem real, the caller puts another person on the phone to impersonate a police officer, doctor, attorney, etc.

• The caller will then ask the grandparent to send them money to a specific account, wire transfer or give a credit card number. A variation of this scam has a person coming to the grandparents house to pick up the money.

Sometimes the supposed grandchild will send a text saying their phone has been broken and they are using a friend’s phone to contact their grandparent. This scam has also evolved over time to add Artificial Intelligence (AI) tools which can make a caller’s voice sound like the real grandchild making the situation even more real for the grandparent. 

WHAT HAS THE POLICE DEPARTMENT SEEN RECENTLY?

In the past few days, two residents have reached out to us to inform us that they had almost fallen victim to the grandparent scam.

In the first case, the resident received a call from someone portraying her granddaughter stating she had been arrested and needed money to be bailed out of jail. According to the victim, the person on the other end of the line sounded exactly like her granddaughter. The victim went to a local bank and withdrew $9,000. Thankfully, an alert bank teller began asking questions and was able to ascertain that the victim was being scammed and stopped her from sending the money. 

In the second case, the victims received a call from someone portraying their grandson stating he had been arrested. The caller had the grandson’s correct name and stated he needed $50,000 to get bailed out of jail. 

The victims went to the bank and withdrew $50,000 and were prepared to send the money when they started having their doubts. Luckily, the victims asked the scammer what the family's dog name was and the scammer was unable to answer. The victims then hung up and immediately called the police department. 

WHAT CAN YOU DO TO PROTECT YOURSELF?

• Don’t trust caller ID names and numbers: The Caller ID can easily be manipulated. Do not assume a Caller ID is accurate at any time. When in doubt, it's best to hang up and call back on a known or alternate contact number.  

• Don’t give them any information: When asked the question “Do you know who this is?” answer “No”. Make the caller give you information rather than the other way around. 

• Verify who the caller is: ask questions of the caller that only they can answer. Test them by giving them a fake family situation and see how they respond. A good practice for everyone to follow is to have a code word or phrase known only to family members which can be a way to authenticate who the person is. This tactic worked to perfection in the scam attempt mentioned above. 

• Confirm with family members: Hang up the phone and contact the parents or other family members. Tell them of the situation and find out about the grandchild’s plans. Ignore the caller if they tell you to keep it confidential, as that is a pressure tactic.

• Verify with officials: If a person gets on the phone and says they are law enforcement or another official, hang up and call the organization back on a published phone number.

• Ask lots of questions: Ask questions about how the situation occurred. Then ask the same question later in the call. Scammers make things up, so getting a different answer is a red flag.

• Never e-transfer money or give banking or credit card information: If you have any doubts, do not send money or give out sensitive financial information. Make sure you verify with other family members that the situation is real.

Never pay with gift cards or crypto currency: no reputable organization or government organization will request gift cards or cryptocurrency for payments.

GREAT POND SEASONAL BOAT STORAGE LOTTERY PROCESS UNDERWAY

Any town resident who would like to store a boat at Great Pond can submit an application online or submit a form in person at the Assessing, Code Enforcement and Planning (ACP) Office, 2^nd floor at the Town Hall by March 13th, 2025.

Only 1 application per household may be submitted.  

Those who received a permit for the 2024 season and did not store a boat will only be eligible for a boat slot if supply exceeds demands.

The Conservation Committee Boat storage slots will be assigned using a lottery system. The lottery will be held on Tuesday, March 18^th, at 9:00 a.m., in the ACP Office Conference Room, Town Hall, where 49 applications will be drawn. The lucky winners will be notified via email and will have until March 27th to make payment of $20.00 to receive their 2025 sticker.  Payment must be made via check or cash. Any permits remaining after that date will be distributed in a second lottery drawing from the original application pool.  Permit holders can start storing a boat on Saturday, March 29th.

LOTTERY APPLICATION

FREE ADULT PROGRAMMING

The Community Center is offering a series of FREE Adult Programs in March and April.  Call to learn more: 

207-799-2868

• Building Better Balance - March 7
• Intro to Energy Work & Biofield Tuning - March 7
• Learn to Play Dominoes - March 31 & April 14
• Learn to Play Cribbage - April 28

THOMAS MEMORIAL LIBRARY'S FEBRUARY EVENTS!

Thomas Memorial Library continues to offer our community a wide range of classes and events for all ages.  Including, the return of Technology Classes especially geared towards seniors. For example:

Telehealth - Connecting with Your Healthcare Provider from Home

Monday, February 10

2:30 PM - 3:30 PM

FEBRUARY NEWS & EVENTS FLYER

TML WEBSITE

COMMUNITY LINKS

Cape Elizabeth Community Services  •   Cape Elizabeth School Department  •   CETV On Demand  •.  Thomas Memorial Library  •.  Meetings Calendar   •  Community Events

STAY INFORMED!

To watch a live meeting from home, visit CETV LIVE on your computer, select the white "play" arrow, or access CETV through Apple TV or Roku (see below for instructions). Remote participation is available for Town Council, Planning Board, and Board of Zoning Appeals meetings.  To participate remotely, please use the link embedded within each meeting's agenda.  Please be advised that per the Remote Participation Policy, remote participation is offered as a convenience. In the event there is a disruption in service and the communication cannot be restored the expectation is the meeting will continue.   Not able to attend a live meeting?  Visit CETV On Demand (cetv.capeelizabeth.org) to watch video recordings of meetings that take place in the Council Chambers.

CETV LIVE

CETV On Demand

Apple & Roku Instructions

Did you know? Closed Captioning is available for both live stream and recorded meetings that occur in the council chambers.

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