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Cape Elizabeth Town Council Meeting
Monday, Feb. 8, 2016
7 p.m.
Town Hall Chamber

Convening by Town Council Chair Molly MacAuslan
00:04 Roll Call by the Town Clerk
00:21 The Pledge of Allegiance to the Flag
00:46Presentation Of Ralph Gould Award to Norman Jordan
18:51 Town Council Reports and Correspondence
21:44 Finance Committee Report Monthly Financial Update  
22:34 Citizen Opportunity for Discussion of Items Not on the Agenda
25:42 Town Manager’s Monthly Report
25:55        Review of   Draft Minutes of   January 4, 2016


26:23      Item # 33-2016                        Rudy's Annual Licenses
It is proposed to approve the annual malt, vinous and spirituous license and special amusement permit for Rudy’s of the Cape at 517 Ocean House Road.
27:26 Public Hearing:            Proposed Village Green Zoning Amendment  
37:18 Item # 34-2016           Proposed Zoning Amendment Relating to a Village Green
FROM:      Ordinance Committee
DATE:      December 21, 2015
SUBJECT: Village Green Zoning Amendment
Introduction
On October 14, 2015, the town council referred the village green zoning amendment to the ordinance committee. The ordinance committee reviewed the amendment at the December 17th meeting.
Recommendation
The ordinance committee voted 3-0 to send the proposed amendment  as proposed by the planning board to the town council for consideration. On January 4, 2016,  the town council received the report of the ordinance  committee and set a public hearing for this evening.
53:18 Item # 35-2016   Fort Williams Park Group  Use Requests for 2016  
The Fort Williams Advisory Commission recommends approval of the following group use requests for Fort Williams Park in 2016:
Cape Elizabeth Little League: March 25th through mid July- Parade Ground and Officers Row 
Cape Elizabeth High School Rehearsals and Commencement – June 8th through 12th- Parade Ground
Family Fun Day: June 18th with raindate of June 19th- Parade Ground and picnic shelter
19th Annual TD Beach to Beacon 10K- August 2nd through 6th- Site Fee of $25,000
American Cancer Society Breast Cancer 5K- October 16 –Site Fee of $600
54:22 Item # 36 -2016   Proposal to Engage James Saffian as Bond Counsel   
Bruce Coggeshall recently retired from Pierce Atwood.  He has served for about 30 years as our bond counsel.  It is proposed to appoint James Saffian of Pierce Atwood as our new bond counsel. He also has served as bond counsel for Falmouth, Portland, Bangor, the Portland Water District and other entities.  He  is listed in The Best Lawyers in America for Public Finance Law, and has been so listed since 2003. In 2011 and 2016, The Best Lawyers in America named him as the Portland, Maine Public Finance Lawyer of the Year.


55:52 Item # 37 -2016   Proposal to Bond Improvements to the Recycling Center
TOWN OF CAPE ELIZABETH, MAINE
Vote Authorizing Expenditures of up to $1,400,000
for Improvements and Upgrades to the Towns Recycling Center
and the Issuance of Bonds Therefore
Be it hereby voted by the Cape Elizabeth Town Council as follows:
VOTED: That expenditures of up to $1,400,000 for improvements and upgrades to the Town’s
recycling center (the “Project”) and for costs and expenses related thereto be and hereby
are approved and authorized.
VOTED: In order to provide funds for such expenditures on the Project, the Treasurer be and
hereby is authorized to borrow up to $1,400,000 in the name of and on behalf of the
Town and that to effect such borrowing, the Treasurer be and hereby is authorized to
prepare, issue and sell bonds (and notes in anticipation thereof) in the aggregate principal
amount not to exceed $1,400,000 in the name of and on behalf of the Town, such bonds
and notes to be signed by the Treasurer, countersigned by the Chairman of the Town
Council and attested by the Town Clerk.
VOTED: The form, maturity, interest rate and other details of said bonds and notes shall be as
determined by the Treasurer and the Chairman of the Town Council by their execution
thereof, not inconsistent herewith, but the bonds shall have a final maturity not later than
20.5 years from their date of issuance.
VOTED: That to the extent available under Section 265(b)(2) of the Code, the Treasurer, with the
advice of Bond Counsel, be and hereby is authorized to designate said bonds or notes as
“qualified tax exempt obligations”.
VOTED: The bonds and notes herein authorized shall be either sold at public sale upon sealed bid,
or by negotiated sale in such manner as the Treasurer deems appropriate and in the best
interest of the Town, and the Treasurer be and hereby is authorized to provide that any of
the bonds and notes herein authorized be made callable, with or without premium, prior
to their maturity.
VOTED: That the Town covenants and certifies that no part of the proceeds of the bonds or notes
shall be used, directly or indirectly, to acquire any securities or obligations, the
acquisition of which would cause such notes or bonds to be “arbitrage bonds” within the
meaning of Section 148 of the Internal Revenue Code of 1986, as amended (the “Code”).
VOTED: That the Treasurer be and hereby is authorized to covenant in the name of and on behalf
of the Town and for the benefit of the holders of the bonds or notes, that the Town will
take whatever steps, and refrain from taking any action, as may be necessary or
appropriate to ensure that interest on the bonds or notes will remain exempt from federal
income taxes.
VOTED: That the Treasurer be and hereby is authorized to negotiate, execute, and deliver, in the
name of and on behalf of the Town such contracts, agreements (including a Bond
Purchase Agreement), instruments, certificates and other documents as may be necessary
or appropriate as determined and approved by the Treasurer in connection with the
issuance of the bonds, which documents shall be in such form and contain such terms and
conditions, not inconsistent herewith, as may be approved by the Treasurer such approval
to be conclusively evidenced by his execution thereof.
VOTED: That the Treasurer be and hereby is authorized to engage Moors & Cabot, Inc. as
financial advisor to the Town in connection with the issuance and sale of the bonds and to
select the underwriter for the bonds and to execute and deliver such contracts or
agreements as may be necessary or appropriate in connection therewith.
VOTED: That the Treasurer be and hereby is authorized to prepare, or cause to be prepared, a
Preliminary Official Statement and an Official Statement for use in the offering and sale
of the bonds and notes heretofore authorized, such Preliminary Official Statement and
Official Statement to be in such form and contain such information as may be approved
by the Treasurer, with the advice of the bond counsel for the Town, and that the use and
distribution of the Preliminary Official Statement and the Official Statement in the name
of and on behalf of the Town in connection with offering the bonds or notes for sale be
and hereby is approved.
VOTED: That the Treasurer be and hereby is authorized to select the registrar, paying agent and
transfer agent (the “Transfer Agent”) for the bonds heretofore authorized and to execute
and deliver such contracts and agreements as may be necessary or appropriate to secure
their services.
VOTED: That the bonds heretofore authorized shall be transferable only on the registration books
of the Town kept by the Transfer Agent, and said bonds of one maturity may be
exchanged for an equal aggregate principal amount of the bonds of the same maturity
(but not of other maturity) in minimum denominations of $5,000 and any integral
multiple in excess thereof (or such other minimum denomination as the Treasurer shall
approve) upon surrender thereof at the principal office of the transfer agent, with a
written instrument of transfer satisfactory to the Transfer Agent duly executed by the
registered owner or his attorney duly authorized in writing. Upon each exchange or
transfer of a bond the Town and the Transfer Agent shall make a charge sufficient to
cover any tax, fee or any other governmental charge required to be payable with respect
to such exchange or transfer, and with respect to such exchange or transfer, and
subsequent to the first exchange or transfer, the cost of preparing new bonds upon
exchanges or transfer thereof to be paid by the person requesting the same.
VOTED: That the Treasurer be and hereby is authorized to undertake all acts necessary to provide
for the issuance and transfer of such bonds heretofore authorized in bookentry form
pursuant to the Depository Trust Company BookEntry Only System, as an alternative to
the provisions of the foregoing paragraph above regarding physical transfer of bonds, and
the Treasurer be and hereby is authorized and empowered to enter into a Letter of
Representation or any other contract, agreement or understanding necessary or, in his
opinion, appropriate in order to qualify the bonds for and participate in the Depository
Trust Company BookEntry Only System.
VOTED That the Treasurer and Chairman of the Town Council from time to time shall execute
such bonds as may be required to provide for exchanges or transfers of bonds as
heretofore authorized, all such bonds to bear the original signature of the Treasurer and
Chairman of the Town Council.
VOTED: That the officers executing the bonds be and hereby are individually authorized to
covenant, certify and agree, on behalf of the Town, for the benefit of the holders of such
bonds, that the Town will file any required reports, make any annual financial or material
event disclosure, and take any other action that may be necessary to insure that the
disclosure requirements imposed by Rule 15c212 of the Securities and Exchange
Commission, if applicable, are met.
VOTED: That the Treasurer, Chairman of the Town Council and Clerk and other proper officials
of the Town 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, not inconsistent herewith, as may be
necessary or desirable in order to effect the issuance, sale and delivery of the bonds and
notes hereinabove authorized.
VOTED: That if any of the officers of the Town who have signed or sealed the bonds or notes shall
cease to be such officers before the bonds or notes so signed and sealed shall have been
actually authenticated or delivered by the Town, such bonds or notes nevertheless may be
authenticated, issued, and delivered with the same force and effect as though the person
or persons who signed or sealed such bonds or notes had not ceased to be such officer;
and also any such bonds or notes may be signed and sealed on behalf of the Town by
those persons who, at the actual date of the execution of such bonds, shall be the proper
officers of the Town, although at the nominal date of such bonds any such person shall
not have been such officer.
VOTED: That if the Treasurer, Chairman of the Town Council or Clerk are for any reason
unavailable to approve and execute the bonds or any other documents necessary or
convenient to the issuance, execution and delivery of the bonds or notes, the person or
persons then acting in any such capacity, whether as an assistant, a deputy, or otherwise,
be and hereby is authorized to act for such official with the same force and effect as if
such official had performed such act.
VOTED: That the investment earnings on the proceeds of the bonds, if any, and the excess
proceeds of the bonds (including premium), if any, be and hereby are authorized to be
used to pay issuance costs for the bonds, interest during construction, and debt service on
the bonds, in that order of priority.
VOTED: That the bonds or notes authorized hereby may, if so determined by the Treasurer, be
combined with any other notes or bonds duly authorized by the Town of Cape Elizabeth
and together issued as a single bond issue in the aggregate amount of the bonds or notes
so authorized.
VOTED: That during the term any of the bonds are outstanding, the Treasurer be and hereby is
authorized to issue and deliver refunding bonds to refund some or all of the bonds then
outstanding, and to determine the date, form, interest rate, maturities (not to exceed 20.5
years from the date of issuance of the original bonds) and all other details of such
refunding bonds, including the form and manner of their sale and award. The Treasurer
be and hereby is further authorized to provide that any of such refunding bonds
hereinbefore authorized be made callable, with or without premium, prior to their stated
date(s) of maturity, and each refunding bond issued hereunder shall be signed by the
Treasurer and the Chairman of the Town Council, and shall be sealed with the seal of the
Town, attested to by its Clerk.
VOTED: That these votes shall constitute the Town's official declaration of intent for purposes of
Section 1.150 of the Internal Revenue Regulations, and to the extent that any costs of the
Project are paid by the Town from the general fund or other fund, such payments may be
reimbursed from the proceeds of said bonds or notes.
VOTED: That the question of incurring the expenditures authorized by the foregoing votes be
submitted to the voters of the Town of Cape Elizabeth in a referendum election on June
14, 2016 and that the foregoing votes authorizing the expenditures shall not be effective
unless approved by the voters in such referendum election, and if not so approved, the
bonds and notes heretofore authorized to fund such expenditures shall not be issued.


58:14 Item # 38 -2016   Proposed Bond for Pool Improvements to Humidity Control System and Disinfectant System at the Donald Richards Community Pool.  
Town of Cape Elizabeth, Maine
Vote Authorizing Expenditures of up to $700,000
for Improvements to the Donald Richards Community Pool
and the Issuance of Bonds Therefore
 
Be it hereby voted by the Cape Elizabeth Town Council as follows:
Voted: That expenditures of up to $700,000 for a humidity control unit and for a disinfection system for the Donald Richards Community Pool (the “Project”) and for costs and expenses related thereto be and hereby are approved and authorized.
VOTED: In order to provide funds for such expenditures on the Project, the Treasurer be and hereby is authorized to borrow up to $700,000 in the name of and on behalf of the Town and that to effect such borrowing, the Treasurer be and hereby is authorized to prepare, issue and sell bonds (and notes in anticipation thereof) in the aggregate principal amount not to exceed $700,000 in the name of and on behalf of the Town, such bonds and notes to be signed by the Treasurer, countersigned by the Chairman of the Town Council and attested by the Town Clerk.
VOTED: The form, maturity, interest rate and other details of said bonds and notes shall be as determined by the Treasurer and the Chairman of the Town Council by their execution thereof, not inconsistent herewith, but the bonds shall have a final maturity not later than 10.5 years from their date of issuance. 
VOTED: That to the extent available under Section 265(b)(2) of the Code, the Treasurer, with the advice of Bond Counsel, be and hereby is authorized to designate said bonds or notes as “qualified tax exempt obligations”.
VOTED: The bonds and notes herein authorized shall be either sold at public sale upon sealed bid, or by negotiated sale in such manner as the Treasurer deems appropriate and in the best interest of the Town, and the Treasurer be and hereby is authorized to provide that any of the bonds and notes herein authorized be made callable, with or without premium, prior to their maturity.
VOTED: That the Town covenants and certifies that no part of the proceeds of the bonds or notes shall be used, directly or indirectly, to acquire any securities or obligations, the acquisition of which would cause such notes or bonds to be “arbitrage bonds” within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended (the “Code”).
VOTED: That the Treasurer be and hereby is authorized to covenant in the name of and on behalf of the Town and for the benefit of the holders of the bonds or notes, that the Town will take whatever steps, and refrain from taking any action, as may be necessary or appropriate to ensure that interest on the bonds or notes will remain exempt from federal income taxes.
VOTED: That the Treasurer be and hereby is authorized to negotiate, execute, and deliver, in the name of and on behalf of the Town such contracts, agreements (including a Bond Purchase Agreement), instruments, certificates and other documents as may be necessary or appropriate as determined and approved by the Treasurer in connection with the issuance of the bonds, which documents shall be in such form and contain such terms and conditions, not inconsistent herewith, as may be approved by the Treasurer such approval to be conclusively evidenced by his execution thereof.
VOTED: That the Treasurer be and hereby is authorized to engage Moors & Cabot, Inc. as financial advisor to the Town in connection with the issuance and sale of the bonds and to select the underwriter for the bonds and to execute and deliver such contracts or agreements as may be necessary or appropriate in connection therewith.
VOTED: That the Treasurer be and hereby is authorized to prepare, or cause to be prepared, a Preliminary Official Statement and an Official Statement for use in the offering and sale of the bonds and notes heretofore authorized, such Preliminary Official Statement and Official Statement to be in such form and contain such information as may be approved by the Treasurer, with the advice of the bond counsel for the Town, and that the use and distribution of the Preliminary Official Statement and the Official Statement in the name of and on behalf of the Town in connection with offering the bonds or notes for sale be and hereby is approved.
VOTED: That the Treasurer be and hereby is authorized to select the registrar, paying agent and transfer agent (the “Transfer Agent”) for the bonds heretofore authorized and to execute and deliver such contracts and agreements as may be necessary or appropriate to secure their services.
VOTED: That the bonds heretofore authorized shall be transferable only on the registration books of the Town kept by the Transfer Agent, and said bonds of one maturity may be exchanged for an equal aggregate principal amount of the bonds of the same maturity (but not of other maturity) in minimum denominations of $5,000 and any integral multiple in excess thereof (or such other minimum denomination as the Treasurer shall approve) upon surrender thereof at the principal office of the transfer agent, with a written instrument of transfer satisfactory to the Transfer Agent duly executed by the registered owner or his attorney duly authorized in writing.  Upon each exchange or transfer of a bond the Town and the Transfer Agent shall make a charge sufficient to cover any tax, fee or any other governmental charge required to be payable with respect to such exchange or transfer, and with respect to such exchange or transfer, and subsequent to the first exchange or transfer, the cost of preparing new bonds upon exchanges or transfer thereof to be paid by the person requesting the same.
VOTED: That the Treasurer be and hereby is authorized to undertake all acts necessary to provide for the issuance and transfer of such bonds heretofore authorized in book-entry form pursuant to the Depository Trust Company Book-Entry Only System, as an alternative to the provisions of the foregoing paragraph above regarding physical transfer of bonds, and the Treasurer be and hereby is authorized and empowered to enter into a Letter of Representation or any other contract, agreement or understanding necessary or, in his opinion, appropriate in order to qualify the bonds for and participate in the Depository Trust Company Book-Entry Only System.
VOTED That the Treasurer and Chairman of the Town Council from time to time shall execute such bonds as may be required to provide for exchanges or transfers of bonds as heretofore authorized, all such bonds to bear the original signature of the Treasurer and Chairman of the Town Council.
VOTED: That the officers executing the bonds be and hereby are individually authorized to covenant, certify and agree, on behalf of the Town, for the benefit of the holders of such bonds, that the Town will file any required reports, make any annual financial or material event disclosure, and take any other action that may be necessary to insure that the disclosure requirements imposed by Rule 15c2-12 of the Securities and Exchange Commission, if applicable, are met.
VOTED: That the Treasurer, Chairman of the Town Council and Clerk and other proper officials of the Town 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, not inconsistent herewith, as may be necessary or desirable in order to effect the issuance, sale and delivery of the bonds and notes hereinabove authorized.
VOTED: That if any of the officers of the Town who have signed or sealed the bonds or notes shall cease to be such officers before the bonds or notes so signed and sealed shall have been actually authenticated or delivered by the Town, such bonds or notes nevertheless may be authenticated, issued, and delivered with the same force and effect as though the person or persons who signed or sealed such bonds or notes had not ceased to be such officer; and also any such bonds or notes may be signed and sealed on behalf of the Town by those persons who, at the actual date of the execution of such bonds, shall be the proper officers of the Town, although at the nominal date of such bonds any such person shall not have been such officer.
VOTED: That if the Treasurer, Chairman of the Town Council or Clerk are for any reason unavailable to approve and execute the bonds or any other documents necessary or convenient to the issuance, execution and delivery of the bonds or notes, the person or persons then acting in any such capacity, whether as an assistant, a deputy, or otherwise, be and hereby is authorized to act for such official with the same force and effect as if such official had performed such act.
VOTED: That the investment earnings on the proceeds of the bonds, if any, and the excess proceeds of the bonds (including premium), if any, be and hereby are authorized to be used to pay issuance costs for the bonds, interest during construction, and debt service on the bonds, in that order of  priority.
VOTED: That the bonds or notes authorized hereby may, if so determined by the Treasurer, be combined with any other notes or bonds duly authorized by the Town of Cape Elizabeth and together issued as a single bond issue in the aggregate amount of the bonds or notes so authorized.
VOTED: That during the term any of the bonds are outstanding, the Treasurer be and hereby is authorized to issue and deliver refunding bonds to refund some or all of the bonds then outstanding, and to determine the date, form, interest rate, maturities (not to exceed 10.5 years from the date of issuance of the original bonds) and all other details of such refunding bonds, including the form and manner of their sale and award.  The Treasurer be and hereby is further authorized to provide that any of such refunding bonds hereinbefore authorized be made callable, with or without premium, prior to their stated date(s) of maturity, and each refunding bond issued hereunder shall be signed by the Treasurer and the Chairman of the Town Council, and shall be sealed with the seal of the Town, attested to by its Clerk.
VOTED: That these votes shall constitute the Town's official declaration of intent for purposes of Section 1.150 of the Internal Revenue Regulations, and to the extent that any costs of the Project are paid by the Town from the general fund or other fund, such payments may be reimbursed from the proceeds of said bonds or notes.


01:02:06 Item # 39 -2016   Approval of Warrant and Ballot Question for June 14, 2016 Vote on Recycling Center referendum, school budget and school budget validation citizen vote reauthorization  
TOWN OF CAPE ELIZABETH
SCHOOL BUDGET VALIDATION REFERENDUM
and
TOWN RECYCLING CENTER REFERENDUM
WARRANT
Tuesday, June 14, 2016
COUNTY OF CUMBERLAND, SS.
To Neil R. Williams, a constable of Cape Elizabeth.  You are hereby directed to notify the voters of Cape Elizabeth of the referenda described in the warrant.
SCHOOL BUDGET QUESTIONS
School Budget Validation Referendum
Do you favor approving the Town of Cape Elizabeth school budget for the upcoming school
year that was adopted at the latest school budget meeting of the Town Council?
                                             c  Yes                                    c  No
The following is a non-binding expression of opinion for the consideration of the School Board and Town Council.
I find the school budget adopted at the XXX Town Council’s school budget meeting to be:
____ TOO HIGH                  ____    ACCEPTABLE                        ____    TOO LOW
School Budget Validation Referendum Process
Do you wish to continue the budget validation referendum process in Cape Elizabeth for an
additional three years?
                                             c  Yes                                    c  No
Informational Note
A “YES” vote will require Cape Elizabeth to continue to conduct a referendum to validate its annual school budget for the next three years.
A “NO” vote will discontinue the budget validation referendum for a least three years and provide instead that the annual school budget shall be finally adopted at a meeting of the Town Council.
====================================================================================
RECYCLING CENTER QUESTION
Recycling Center Project Referendum
Shall the Town Council vote authorizing expenditure of up to $1,400,000 for improvements and upgrades to the Town’s Recycling Center be approved?

TREASURER’S STATEMENT
The undersigned Treasurer of the Town of Cape Elizabeth, Maine hereby provides the following statement pursuant to 30-A MRSA §5772(2-A).

1. Bonds outstanding and unpaid :                                                            $15,569,641
2. Bonds authorized but unissued:                                                                             $ 700,000
3. Bonds to be issued if the Recycling Center question is approved:          $  1,400,000

Assuming an average annual interest rate of 3.00%, and a 20 year term, the estimated cost of the new bonds will be:
Bond Principal:                                  $1,400,000
Estimated Interest Cost:                                441,000
Total Estimated Debt Service:                   $1,841,000

 
The foregoing represents an estimate of costs associated with the financing and such estimates will change due to market conditions. The validity of the voters’ ratification of the bonds shall not be affected by any errors in the foregoing estimates and the ratification by the voters is conclusive and the validity of the bond issue is not affected by reason of any variance of actual costs from the estimates provided above.

Michael K. McGovern
Treasurer, Town of Cape Elizabeth
--------------------------------------------------------------------------------------------------------------------------------------------------
Election to be held on Tuesday, June 14, 2016, at the Cape Elizabeth High School Gymnasium.
Polls open at 7:00 a.m. and Close at 8:00 p.m.
Absentee Ballot Processing:
Absentee ballots will be processed at 9:00 a.m. Monday, June 13, 2016 in the William H. Jordan Conference Room at Town Hall. If requested, inspection time is 9:00 – 10:00 a.m.
Absentee ballots will be processed on Election Day, on the hour every hour until close, beginning at 7:00 a.m.  The Cape Elizabeth Town Democratic Committee, the Cape Elizabeth Town Republican Committee and State Green Independent Party have also been notified, in writing, of the absentee ballot process. 
The Registrar of Voters is available to accept new registrations and corrections to the voter list on Election Day at the polls and prior to Election Day at Town Hall, 320 Ocean House Road.  Town Hall is open Mondays 7:30 a.m. - 5:00 p.m. and Tuesday - Friday, 7:30 a.m. - 4:00 p.m.  Proof of residency and identity is required.
REFERENDUM & SCHOOL BUDGET VALIDATION REFERENDUM
TOWN RECYCLING CENTER REFERENDUM
WARRANT
Tuesday, June 14, 2016
______________________                               _______________________                          _____________________
 
______________________                               _______________________          _____________________
 
________________________
Municipal Officers of Cape Elizabeth, Maine
Dated at Cape Elizabeth this  ______ day of ____________, 2016.
A true copy. 
Attest:                                                                           
Constable
Attest:                                                                           
Town Clerk
The warrant and specimen ballots shall be posted
at least 7 days prior to the election.
State of Maine
Constable’s Return
By virtue of the within warrant, to me directed, I have warned and notified the inhabitants of the Town of Cape Elizabeth, to assemble at the time and place for the purpose therein named, by posting attested copies of the within warrant at
   Town Hall
   Community Center
   Transfer Station
   Thomas Memorial Library
   Engine 1
   Jordan’s Farm
the same being public and conspicuous places within the Town of Cape Elizabeth on the ______ day of May, the same being at least seven days before the time appointed for said election.
Dated at Cape Elizabeth, Maine this ____ day of ___________, 2016.
Attest:                                                          
               Constable,
Town of Cape Elizabeth.
01:04:37 Item # 40 -2016   Proposed Grant for the Paving of Two Lights Road  
The Maine Department of Transportation has offered  as part of the  PACTS Municipal Partnership Initiative to pay half the cost of a $242,000 paving of Two Lights Road.  It is recommended you authorize the town manager to sign the partnership agreement and subsequent documents to accomplish the project.  The local funds will come from the existing appropriation for roadway and drainage projects- Account 715-4009.  


01:06:56 Item # 41 -2016   Truck Replacement  
One of our smaller trucks has developed cracks in its frame.  After reviewing alternatives and the recommendation of the Director of Public Works  , I recommend we replace the truck at a cost of $55,250.  The funds would come from the unassigned fund balance.   We had looked at deferring other purchases but since our CIP program is already seeing pressures from other needs,  I think this is an extraordinary item that should be considered.
  Chassis Cab                           $41,500 (MSRP)
  Dump Body (Installed)              9,100
  Warning/Strobe Lights               2,000
  Frame Supports for Plow,
  Light Relay & Spring Supports  2,000
  Rear Fenders                                  650
  Total                                        $55,250
 
01:12:44 Item # 42 -2016   Harbormaster Services
It is proposed to contract with the Town of Scarborough for harbormaster services. Scarborough has just hired a new full time marine resource officer/harbormaster.   The approximate cost would be $5,500 per  year compared to $4,000 for the current very part time town hired harbormaster.  Scarborough would provide approximately 155 hours of services annually and would provide weekly checks of moorings for 28 weeks during the year.  The amount also includes an allowance for boat fuel and boat maintenance as Scarborough would be supplying the boat for the service.   We would bring billing for mooring fees in house.
01:37:47 Item # 43 -2016   Confirmation of Community Services Becoming a Municipal Department   
It is proposed for the town council to confirm that community services will become a municipal department effective July 1, 2016 and to request the town manager to present a proposed community services budget for Fiscal Year 2017 to the town council concurrent with the presentation of the municipal budget.  
01:38:03 Item # 44 -2016   Former Thomas Memorial Library   Building
It is proposed to form a four member committee consisting of two school board members and two members of the town council to review reuse proposals for the former Thomas Memorial Library.  The committee shall report back by May 9, 2016.  The committee may recommend to the town manager the expenditure of up to $25,000 from the library building improvement account (7154052) for any professional analysis needed of the building and its suitability for reuse.
02:03:40 Citizen Opportunity for Discussion of Items Not on the Agenda
02:04:37 Item # 45 -2016   Annual Evaluation of the Town Manager 
Draft Motion: Ordered the Cape Elizabeth Town Council in conformance with 1 MRSA §405 6 A. hereby enters into executive session to continue the annual evaluation process for the town manager. 
Adjournment
The next regular town council meeting is March 14, 2016 at 7 p.m.