Cape Elizabeth News Briefs

CAPE ELIZABETH — The next public hearing in Cape Elizabeth, scheduled for Nov. 14, promises to be a barn-burner, based on both the number and type of issues discussed at the most recent meeting of the Town Council.

The following items will be on the agenda:

Bus fees

In an attempt to raise revenue for park maintenance and capital improvements, the Fort Williams Advisory Commission has put forth a plan to charge a fee to commercial vehicles entering the historic site. The proposed fees are $40 to each tour buses, per visit, and $1,500 to trolleys for a season pass.

Of the half-dozen residents who spoke to the issue at the most recent council meeting, only Betty Crane was in favor of the idea.

"No way are the citizens of Cape Elizabeth morally wrong in charging the buses," Crane said. "Buses are making money on the tour, it's as simple as that.”

Others, however, found fault with the plan, noting that Cape residents have twice in recent years voted down pay-to-park schemes at the park.

“This thing keeps popping up like an unstaked vampire,” said Paul Brown.

“I feel like I’m involved in a game of whack-a-mole. I keep beating on the thing and it won’t die,” said Harry Hardy, a town employee who stressed he spoke “strictly as a taxpayer.”

Based on their comments at an Oct. 3 workshop, councilors appear split 4-3 in favor of the idea. Chairman David Sherman, who currently sits in the minority, has said that unlike previous fee ideas, this one will not go to a citizen referendum.

“This will be decided by the council,” he said.

Fireworks ban

Following the lead of Portland, South Portland and several other surrounding communities, Cape Elizabeth is on the verge of outlawing consumer fireworks.

A miscellaneous offense ordinance was submitted for a first reading at the most recent council meeting, which will make it illegal to sell, use or “possess with intent to use” the style of low-power consumer fireworks legalized by the state Legislature earlier this year. Although the new law stuck down a statewide ban, it did allow each municipality to install restrictions of its own.

“We took it upon ourselves, without direction from the Town Council, to take this up at our last ordinance committee meeting, because we felt it needed to be addressed,” said Councilor James Walsh. “With the new state law going into affect Jan 1., we felt it important to get something in the books.”

The council voted unanimously, and without comment, to send the proposed ban to public hearing Nov. 14.

Rooster regs

Another ordinance amendment slated for public hearing Nov. 14 is one designed to control noise made by residential roosters – those owned by residents who do not otherwise run a commercial farming operation.

“Residents have no recourse under the current ordinance when roosters make noise and disrupt the peaceful, quiet enjoyment of their homes,” said Councilor James Walsh.

Although the restriction targets roosters, it could be used against owners of “any horse, cow, ox, swine, goat, chicken, rooster or other animal,” that makes “any loud noises.”

“While we don’t believe this is a perfect answer, we believe it’s the right approach to strike a balance,” said Sherman.

The proposal has gone through several iterations since first referral to the ordinance committee last August. After several hearings at the committee level, the ordinance group set on the noise restriction as a compromise to the next most likely result, establishing a minimum lot size for rooster ownership, said Walsh.