Cape Elizabeth Town Council Agenda
Monday, July 10, 2017
7:00 p.m.
Cape Elizabeth Town Hall

James M. “Jamie” Garvin, Chairman
Patricia K. Grennon
Caitlin R. Jordan
Penelope A. Jordan
Sara W. Lennon
Katharine N. Ray
Jessica L. Sullivan

Convening by Town Councilor Chairman James M. “Jamie” Garvin

00:02 Pledge of Allegiance to the Flag

00:26 Roll Call by the Town Clerk

00:40 Town Council Reports and Correspondence

04:31 Finance Committee Report
Dashboard and Financial Reports as of 6/30/2017

07:35 Citizen Opportunity for Discussion of Items Not on the Agenda

07:52 Town Manager’s Monthly Report

11:58 Review of Draft Minutes of June 12, 2017

12:19 Item #100-2017 Paper Street Technical Assessment

Link – Conservation Commission Recommendation
Link – Lighthouse Point Report, Lighthouse Point Road Final Plan
Link – Surfside Avenue & Atlantic Place Report

At the October 5, 2016 town council meeting, the council referred to the conservation committee an assessment of the technical and logistical feasibility to install trails on Surfside Avenue, Atlantic Place and Lighthouse Point Road. Town Engineer Steve Harding and Sebago Technics conducted a technical assessment.

The conservation committee reaffirms the recommendations in the 2013 Greenbelt Plan. The committee does not recommend a trail be built on Lighthouse Point Road at this time. The committee reaffirms its recommendation in the 2013 Greenbelt Plan that the trail link #23 representing Surfside Avenue and Atlantic Plan is a potential trail which meets 5 of the greenbelt plan goals. The committee has no plans to install the trail at this time, but would support a trail in the future.

The recommended action is to acknowledge receipt of the Paper Street Technical Assessment.

01:31:23 Item #101-2017 19 Wells Road Tower Overlay District Zoning Map Amendment

On March 13, 2017 the town council referred to the planning board the request of Global Signal Acquisitions IV, LLC (“Crown”) for a tower overlay district at 19 Wells Road, Map R05 Lot 30.

The planning board voted 5 – 0 at the June 20, 2017 to support the request of Global Signal Acquisitions IV, LLC for a tower overlay district at 19 Wells Road as presented.

It would be in order for the town council to refer the amendment to the Ordinance Committee for review, and to set the request for a public hearing on Monday, August 14, 2017 at 7:00 p.m.

01:45:15 Item #102-2017 Agricultural Easement Amendment

The Planning Board is recommending an amendment to the zoning ordinance in order to clarify an existing provision that agricultural land may be preserved as part of open space in new development.

It is recommended the town council refer the amendment to the Ordinance Committee for review, and to set a public hearing on Monday, August 14, 2017 at 7:00 p.m. a proposed amendment in Sec. 19-7-2 Open Space Zoning, Section D Open Space Design Standards relating to a provision that agricultural land may be preserved as part of open space in new development.

02:38:27 Item #103-2017 Marijuana Regulations

The Town Council referred to the ordinance committee a review of the recently adopted recreational marijuana referendum. On December 12, 2016 the town council passed an emergency ordinance with regarding to the location, establishment, operation, or licensing of retail marijuana businesses that expires on March 12, 2017. On February 15, 2017 the town council adopted an ordinance enacting a moratorium on retail marijuana businesses effective March 12, 2017 and to expire at the end of 180 days unless earlier extended, repealed or modified by the Town.

The ordinance committee is recommending a stand alone marijuana ordinance be adopted that prohibits recreational marijuana cultivation, manufacture, testing, retail sales and social clubs.

It is recommended the town council set a public hearing on Monday, August 14, 2017 at
7:00 p.m. regarding the ordinance committee’s proposed ordinance prohibiting retail marijuana establishments and retail marijuana social clubs.

02:52:25 Item #104-2017 Domestic Fowl and Farm Animals

It is requested by the Town Manager that the Town Council refer to the Ordinance Committee a proposed amendment to the miscellaneous offenses ordinance language to contain domestic fowl within the owner’s property.

02:55:52 Item #105-2017 Proposed Shared Borrowing Memorandum of Understanding Between the Thomas Memorial Library and Various Local Libraries

Several libraries in Greater Portland have been exploring the feasibility of shared borrowing services.
Four of the five governing bodies of the libraries have already approved the memorandum of
understanding.

The Thomas Memorial Library Committee voted 5 – 2 at the June 15 meeting to recommend
the Town Council approve the Memorandum of Understanding between Baxter Memorial Library
Gorham, Scarborough Public Library Corporation, South Portland Public Library and Walker
Memorial Library, Westbrook.

It is recommended the town council approve the shared borrowing services and authorize the town
manager to sign the memorandum of understanding as presented.

03:00:23 Item #106-2017 Amended Vote Authorizing Printer/Photocopier Lease Purchase Agreement

Last month the town council approved a vote authorizing a printer/photocopier lease purchase agreement authorizing funds from Biddeford Savings Bank. Bond Counsel James Saffian is recommending an amended agreement authorizing funds from Androscoggin Bank as Biddeford Savings Bank does not have a lease financing program and therefore not able to accommodate the lease transaction.

It is recommended the town council amend the June 12, 2017 vote authorizing a printer/photocopier lease purchase and approve the following vote authorizing the town manager to sign a lease purchase agreement with Androscoggin Bank for printers and photocopiers for town departments.

TOWN OF CAPE ELIZABETH, MAINE
Vote Authorizing Printer / Photocopier Lease Purchase Agreement
with Androscoggin Bank

Whereas, on June 12, 2017, the Cape Elizabeth Town Council approved a lease purchase agreement with Biddeford Savings Bank; and

Whereas, after discussions with Biddeford Savings Bank, the Town has determined that Biddeford Savings Bank does not offer a lease purchase financing arrangement suitable for the Town;

Whereas, the Town Council has determined to enter into a lease purchase arrangement with Androscoggin Bank;

Now, therefore, be it hereby voted by the Cape Elizabeth Town Council as follows:

VOTED: That the Town Council hereby authorizes the Town Manager for and on behalf of the Town to execute and deliver a municipal lease purchase agreement with Androscoggin Bank in the amount of $46,343.40 and bearing interest at the rate of 3.01% per annum, to lease finance printers and photocopiers for the Town, with a term of not more than 5 years (the “Town Lease Agreement”), which Town Lease Agreement shall be in such form and contain such terms and conditions, not inconsistent herewith, as may be approved by the Town Manager, such approval to be conclusively evidenced by his execution thereof.

VOTED: That the Town Manager is authorized to negotiate, execute, and deliver such other documents and certificates as may be necessary or appropriate in connection with the Town Lease Agreement which documents and certificates shall be in such form and contain such terms and conditions, not inconsistent herewith, as may be approved by the Town Manager, such approval to be conclusively evidenced by his or her execution thereof.

VOTED: That the Town Manager be and hereby is authorized and directed to covenant and certify on behalf of the Town that no part of the proceeds of the Town Lease Agreement, or the improvements financed therewith, shall be used directly or indirectly in any manner that would cause such Town Lease Agreement to be a “private activity bond” or an “arbitrage bond” within the meaning of Section 141 or Section 148 of the Internal Revenue Code of 1986, as amended.

VOTED: That to the extent available under Section 265(b)(2) of the Code, with the advice of Bond Counsel, the Town Lease Agreement may be designated as “qualified tax exempt obligations”.

VOTED: That the Town Manager and the other proper officials of the Town (the “Authorized Representatives”) be and hereby are authorized and empowered in its name and on its behalf to do or cause to be done all such acts and things as may be necessary or desirable in order to effect the execution and delivery of the Town Lease Agreement in accordance with these votes.

VOTED: That all prior actions of the Town in effectuating the Town Lease Agreement are hereby approved, ratified and authorized pursuant to and in accordance with the transactions contemplated by the Town Lease Agreement.

03:02:10 Item #107-2017 Fort Williams Park Group Use Request – EverWalk

At the June 15th meeting of the Fort Williams Park Committee, the committee voted 5-1 to approve
the request of EverWalk to finish day seven of the walk at Fort Williams Park on Saturday,
September 16. The event was approved contingent on an assessed fee of $5.00/registered walker plus
an area fee of $500. EverWalk will also have to bear the cost of any additional Parks, Police or
EMS coverage. Logistics to work out public safety issues will be completed before the walk.

It is recommended the town council approve the recommendation of the Fort Williams Park
Committee for the EverWalk event at Fort Williams Park on Saturday, September 16, 2017 as
outlined including an assessed fee of $5.00/registered walker, an area fee of $500 and
any additional costs for parks, police or rescue coverage.

03:08:32 Item #108-2017 Nomination to Opportunity Alliance Board of Directors

Opportunity Alliance is requesting the appointment of Tim Soley, 644 Shore Road to serve on
the board of directors for a three-year term. The Board of Directors has several seats dedicated to
representatives appointed by local municipal government. Mr. Soley has been an active member of
the Board for the last few years as a representative of the private sector.

It is recommended the town council approve the appointment of Tim Soley, 644 Shore Road to
serve on the Opportunity Alliance Board of Directors for a three-year term.

03:10:22 Item #109-2017 Proposed Carry Forward Balances
It is proposed the following carry forward balances be applied as of July 1, 2017.

Carry Forward Amounts

2017

General Fund Assigned Fund Balances

1102016

Records Preservation

$ 4,500

1202011

GIS Improvements

$ 20,700

1202019

Code Enforcement Software

$ 8,681

1805010

Debt service payment

$ 144,714

2202010

Contracted PSAP

$ 4,999

2303005

Minor equipment, Fire Department service truck body

$ 6,000

3102039

Pavement markings

$ 25,000

5101002

Part time payroll

$ 5,300

5205053

Family Fun Day

$ 11,700

6222035

Richards Pool Building Maintenance

$ 15,000

6402010

Professional Services

$ 5,000

6404114

Greenbelt Trails Maintenance

$ 24,200

6412010

Professional Services

$ 22,700

6452035

Fort Williams Park Building Repairs

$ 8,000

6452036

Fort Williams Park Stone Wall Repairs

$ 5,000

6602010

Professional Services

$ 39,800

7154004

Police Cruiser Replacement

$ 7,100

7154009

Roadway and Drainage Repairs

$ 293,800

7154013

Sidewalk Improvements

$ 48,700

7154021

Computer upgrades

$ 3,800

7154024

Town Hall exterior repairs

$ 12,500

7154136

Grounds equipment

$ 3,000

7154052

Original Library Building

$ 142,500

7154111

Town Hall Meeting Spaces/Office Spaces Plan

$ 105,200

7155236

Police radios

$ 5,000

7155287

PD Computer replacement

$ 5,000

7155304

Weteam boat replacement

$ 80,000

7155310

Town Hall main stairwell

$ 63,250

7155313

Harbors Committee

$ 8,888

7155315

Paper streets technical study

$ 3,350

7155316

2019 Comprehensive Plan

$ 54,011

7254227

Fuel Donation Account

$ 4,487

7844302

Recycling center project

$ 941,569

8154016

Ottawa Road CSO project

$ 161,103

8654018

Perimiter fencing Fort Williams

$ 35,000

Community Services Miscellaneous Supplies

$ 15,000

Budgeted Use of Undesignated Surplus

$ 352,000

$2,696,552

03:12:08 Citizens may at this point in the meeting raise any topic that is not on the agenda that pertains
to Cape Elizabeth local government.

03:12:11 Adjournment