Cape Elizabeth Town Council Agenda

Monday, September 9, 2019

7:00 p.m. Council Chambers

 

Cape Elizabeth Town Hall

James M. "Jamie" Garvin, Chairman Valerie J. Deveraux Jeremy A. Gabrielson Caitlin R. Jordan Penelope A. Jordan Valerie A. Randall Christopher M. Straw

Convening of the Meeting by Town Council Chairman James M. "Jamie" Garvin

Roll Call by the Town Clerk

The Pledge of Allegiance to the Flag

00:01 Presentation – Ralph T. Gould Award for Outstanding Citizenship

09:43 Town Council Reports and Correspondence

10:49 Presentation by the Friends of Casco Bay
Mary Cerullo will provide an overview of BayScaping, an education program on environmentally
friendly lawn care. Mrs. Cerullo is responsible for the publications, public relations, and educational outreach for Friends of Casco Bay. She developed their Casco Bay Curriculum for teachers, creating classroom activities on the local effects of climate change. Mrs. Cerullo also works with communities on BayScaping and will provide residents with information on environmentally-friendly lawn care.

29:55 Finance Committee Report
Dashboard and Financial Reports as of 8/31/2019

Appropriation Control
Expense Distribution
Revenue Control
Revenue Distribution

34:49 Citizen Opportunity for Discussion of Items Not on the Agenda

34:58 Town Manager's Monthly Report

37:48 Review of   Draft Minutes of the meeting held on August 12, 2019.

38:09 Public Hearing           Request to Amend Sewer Service Area – 38 Broad Cove Road

Comments shall be limited to three minutes per person; however, the time may be extended by majority vote of councilors present.

Link – Request to Amend Sewer Service Area
Link – Planning Board Recommendation

39:28 Item #131-2019          Request to Amend Sewer Service Area – 38 Broad Cove Road

Randall Weill and Catherine Coughlin are requesting an extension of the sewer service area at 38 Broad Cove Road.

On July 8, 2019 the town council referred the request to the planning board pursuant to Section 15-1-4 (i).

On July 16, 2019 Mr. Weill appeared before the planning board. At the workshop the planning board voted to hold a public hearing on August 20, 2019.

In anticipation of a planning board vote on August 20, on August 12 the town council set the request to public hearing on September 9.

Draft Motion:
ORDERED, the Cape Elizabeth Town Council takes Item #125-2019 Proposed Amendments to
Chapter 7 Dogs off the table from August 12, 2019.

39:58 Item #125-2019          Proposed Amendments to Chapter 7 Dogs

Opportunity for Public Comment (Limited to 15 minutes; 3 minutes per person. Time may be extended by a majority of the town council.)

Link – Dog Ordinance Revisions Memo (Town Planner) 08-30-2019
Link – Chapter 7 Dogs – Proposed Amendments 08-29-2019
Link – Property Management Category Designation Draft 08-29-2019

On March 12, 2018 the town council referred to the conservation committee review of the dog ordinance. In a memo to the town council dated October 18, 2018 the conservation committee provided options on the scope of ordinance review. The town council voted on November 14, 2018 to direct the conservation committee to conduct a full review of the ordinance.

At the April 9, 2019 meeting the conservation committee voted (5-0) to recommend amendments to the dog ordinance.

On May 13, 2019 the town council referred amendments to the dog ordinance to the ordinance committee.

The ordinance committee reviewed the amendments on May 28 and June 17. At the June 17 meeting the ordinance committee recommended (3-0) amendments to the town council. The ordinance committee also recommended the town council discuss the presence of dogs on athletic fields. The ordinance committee noted that the town fee schedule needs to be amended to add an impoundment fee.

On July 8, 2019 the town council set the proposed amendments which include all athletic fields as Category 1 No dogs (none) on the Property Management Category Designation to public hearing on August 12, anticipating a vote on September 9.

A public hearing was held on August 12 and the town council voted to table to vote the item to
September 9.

02:35:24 Item #132-2019          Greenbelt   License – 15 Silva Drive

Opportunity for Public Comment (Limited to 15 minutes; 3 minutes per person. Time may be extended by a majority of the town council.)

Last year the conservation committee began working with Bruce Sahrbeck to reopen a casual trail that had been closed on his property located at 15 Silva Drive. This trail is a popular link between the town's Winnick Woods property and CELT's Dyer Hutchinson easement to the north and the town's Cross Hill open space to the south.

Representatives of the conservation committee and town staff walked the trail with the Sahrbeck family on December 5, 2018. On August 13, 2019 the conservation committee unanimously voted to recommend the town council approve the license.

This is the second license agreement expanding the town greenbelt. The first, provided by the Canterbury on the Cape Condominium Association, was approved by the town council on December 12, 2016.

02:38:33 Item #133-2019          Recommended Inter-fund Transfers and Bond Counsel Order for the Lease/Purchase of Equipment

Opportunity for Public Comment (Limited to 15 minutes; 3 minutes per person. Time may be extended by a majority of the town council.)

Draft Motion:
A.  Authorize the following inter-fund transfers to the General Fund for the FY 2020 CIP Projects, such amounts to be appropriated from the respective fund balances:

a.	Ambulance/Rescue Fund (Fund 75)	$   55,000.00
b.	Fort Williams Park CIP Fund (Fund 65)	110,000.00
c.	Portland Head Light Fund (Fund 70)	100,000.00
d.	Library Bond Projects Fund (Fund 86)	46,112.17
e.	Total Inter-fund transfers authorized	$ 311,112.17

B.  Authorize the following lease purchase agreement with TD Equipment Finance, Inc. for equipment for the Public Works Department including a mower and front-end loader.

Vote Authorizing Lease Purchase Agreement with TD Equipment Finance, Inc.

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 TD Equipment Finance, Inc. in the amount of $255,000, and bearing interest at the rate of 2.09% per annum, to lease finance a John Deere mower and a front-end loader, for the Town, with a term of not more than 5 years (the "Lease Agreement"), which 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; provided that any obligation of the Town to make lease payments pursuant to such agreement shall be subject to annual appropriation approved by the Town as part of its annual budget.

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 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 Lease Agreement, or the vehicles leased thereunder, shall be used directly or indirectly in any manner that would cause such 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 Lease
Agreement may be designated by the Town Manager as a "qualified tax exempt obligation".

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 Lease Agreement in accordance with these votes.

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

C.  Authorize the appropriation of $225,000 of anticipated lease/purchase proceeds for the purchase of a front-end loader (715-4023) at $178,000 and a rotary mower (715-5038) at $47,000, both of which are included in the approved 2020 CIP Budget.

D.  Authorize the transfer of $50,000 from CIP Project 715-4023 (front-end loader) and $15,000 from project 715-5038 (rotary mower) to Debt Service – Lease Payment, account 710-5012 for the payment of the first year buy-down of the lease/purchase agreement.

E.  Authorize the appropriation of $1,111,907.83 from the General Fund Unassigned Fund Balance for approved 2020 CIP Projects.

F.  Accept and appropriate a grant of $1,000 from Dirigo Safety, LLC for enforcement of underage drinking laws during the period July 1, 2019 to June 30, 2020.

02:41:46 Item #134-2019          State of Maine Bicentennial Celebration

Opportunity for Public Comment (Limited to 15 minutes; 3 minutes per person. Time may be extended by a majority of the town council.)

Inquiry by the town manager to see if the town council supports the establishment of an ad hoc Maine Bicentennial Committee to explore possible ways for the town to participate in the celebration of the bicentennial of the State of Maine.

If the town council supports the establishment of an ad hoc committee, the town manager will provide a committee charge for town council review in October.

02:43:18 Item #135-2019          Energy Committee Update – Set to Workshop

Opportunity for Public Comment (Limited to 15 minutes; 3 minutes per person. Time may be extended by a majority of the town council.)

The newly-formed energy committee has been meeting since March 2019. The committee would like to update the town council on their work. It is recommended the town council meet with the energy committee in workshop session on October 2, 2019.

02:44:55 Citizens may at this point in the meeting raise any topic that is not on the agenda that pertains To Cape Elizabeth local government.

02:45:01 Adjournment