Cape Elizabeth Town Council Agenda
Monday, May 9, 2016
7:00 p.m.
Cape Elizabeth Town Hall

 
Molly MacAuslan, Chair
James M. “Jamie” Garvin

Patricia K. Grennon
Caitlin R. Jordan
Sara W. Lennon
Katharine N. Ray
Jessica L. Sullivan



AGENDA
00:03 Convening by Town Council Chair Molly MacAuslan
00:08 Roll Call by the Town Clerk
00:49 Town Council Reports and Correspondence
03:38 Finance Committee Report: Links to  Monthly Financial Reports
05:16 Citizen Opportunity for Discussion of Items Not on the Agenda
06:33 Town Manager’s Monthly Report
09:16        Review of   Draft Minutes of  April 11, 2016  and April 26, 2016  meeting.  



09:47 Item #58-2016            Receipt of Petitions Regarding Parking on Surf Road
The town council has received two petitions  regarding parking on Surf Road.  One petition is asking for parking to be prohibited on the side of Surf Road closest to Fort Williams Park.  The second petition is requesting that parking be limited to residents only.  The chief of police has written a memorandum  suggesting that the council concur with the petition to ban parking on the side of Surf Road closest to Fort Williams Park.  Any change in the parking regulations for Surf Road would require an amendment to the Traffic Regulations.  It is recommended to set a public hearing on the proposed amendment on Monday, June 13, 2016 at 7:00 p.m. at the Cape Elizabeth Town Hall.  The chief of police and the town manager do not recommend setting up a resident’s only parking plan due to the administrative requirements, an expectation that there would be calls asking for exceptions and the precedent that would be set for other neighborhoods.

Sec. 13-2-3. No Parking at Any Time. There shall be no parking at any time:
a. On the northerly side of Scott Dyer Road from Ocean House Road to Dearborn Drive;
b. On the southerly side of Scott Dyer Road from the westerly entrance to the school buildings to its terminus at Ocean House Road; however, parking may be allowed in signed areas during any school construction project with the placement of signs authorized by the Chief of Police and the Fire Chief;
c. On the easterly side of Shore Road, for a distance of 1600 feet southerly from its intersection with Lawson Road;
d. On either side of paved way on Shore Road northerly from Route 77 to the northerly property line of 1226 Shore Road;
e. On either side of Kettle Cove Road northerly from the Kettle Cove parking area to a point 150 feet northerly of the Kettle Cove Road/Fessenden Road intersection;
f. on either side of Fessenden Road from its intersection with Kettle Cove Road northeasterly 600 feet toward Two Lights Road;
g. On the easterly side of Ocean House Road between the driveway entrances on the northerly and southerly sides of the Town Hall;
h. On either side of Two Lights Road easterly from its intersection with Dyer Lane, so-called, excepting within the Lobster Shack parking area;
i. On either side of Two Lights Road between a point 500 feet easterly of the intersection of Two Lights Road and Tower Drive and a point some 600 feet easterly of the intersection of Beacon Lane (so-called) and Two Lights Road at the crest of the rise in Two Lights Road;
j. On the southerly or non-beach side of Cottage Lane from Shore Road Surf Road;
k. In a fire lane designated by the Fire Chief and the Police Chief and approved by the Town Manager;
l. On either side of Woodland Road beginning at Mitchell Road and extending 390 feet in an easterly direction;
m. On either side of Shore Road from the Chapel Road entrance of Fort
Williams Park to Dyer Pond Road;
n. On the southwesterly driveway connecting the Town Hall lot with Shore Road;
o. On the westerly side of Preble Street, beginning at the intersection of Shore Road and extending 100’ in a northerly direction; or
p. On the southerly side of Gull Crest Drive. (The right hand side of Gull Crest Drive from Spurwink Ave until parking area)
q. On either side of Surf Road northerly from 60 feet northerly of Keyes Lane to the terminus of Surf Road at Garden Circle and On the southeasterly side of Surf Road beginning at Shore Road and extending to Garden Circle and on either side of Surf Road northerly from 60 feet northerly of Keyes Lane to the terminus of Surf Road at Garden Circle 
r.  On the northerly side of Cottage Lane from Maiden Cove Lane to Garden Circle.

12:11 Item #59-2016            Inn by the Sea Annual Licenses
It is recommended the town council approve the annual malt, vinous and spirituous licenses and special amusement permit for the Inn by the Sea at 40 Bowery Beach Road 
14:08 Public Hearing on the Fiscal Year 2017 Budget

Item # 60-2016
Draft Motions are based on what was set for public hearing.  Councilors may make any motion of their choosing. It is recommended that the general fund budget consideration contained in Items # 60-65  be tabled to a special meeting on May 19, 2016.   This will enable the school budget to be approved within 30 days of the scheduled June 14, 2016 citizen vote on the school budget.  The “within 30 days” is required by Maine statute.

Moved by   and Seconded by  
ORDERED, The Cape Elizabeth Town Council, having held a public hearing on Monday, May 9, 2016 does hereby adopt the municipal budget for Fiscal Year 2017 and hereby makes the following gross appropriations for each listed department.

 


 

Expenditures by Department

 BUDGET

 

 

 FY 2017

110

ADMINISTRATION

587,484

120

ASSESSING/CODES PLANNING

428,315

130

TOWN COUNCIL

500

135

LEGAL AND AUDIT

79,000

140

ELECTIONS

34,785

150

BOARDS AND COMMISSIONS

24,506

530

PUBLIC INFORMATION

60,812

160

INSURANCE

105,000

170

EMPLOYEE BENEFITS

1,382,000

180

DEBT SERVICE

1,368,908

520

CONTRIBUTIONS

45,414

710

INTERGOVT. ASSESSMENTS

61,598

210

POLICE DEPARTMENT

1,324,242

215

ANIMAL CONTROL

25,128

220

PUBLIC SAFETY COMMUNICATIONS

182,775

225

WETeam

24,267

230

FIRE DEPARTMENT

358,311

235

FIRE POLICE UNIT

13,504

240

MISC. PUBLIC PROTECTION

158,000

250

EMERGENCY PREPAREDNESS

4,652

310

PUBLIC WORKS

1,197,279

320

REFUSE DISPOSAL/RECYCLING

504,126

410

HUMAN SERVICES

53,659

510

LIBRARY

545,425

600

FACILITIES MANAGEMENT

222,120

610

TOWN HALL

21,998

615

LIBRARY BUILDING

42,575

620

TOWN CENTER FIRE STATION

21,414

630

POLICE STATION

61,650

621

COMMUNITY CENTER BUILDING

148,953

622

DONALD RICHARDS POOL FACILITY

222,606

631

CAPE COTTAGE FIRE STATION

6,449

640

PARKS & TOWN LANDS

114,831

633-638

COMMUNITY SERVICES

1,210,311

641

SCHOOL GROUNDS

163,047

645

FORT WILLIAMS PARK

272,609

660

TREES

24,432

715

CAPITAL PROJECTS

950,000

   

 

 

Item # 61-2016    School Budget Approval

Regular Instruction                             $11,400,565
Special Education                               $  3,005,866
Career and Technical Education         $       55,172
Other Instruction                                $     862,936
Student and Staff Support                 $  2,544,843  
System Administration                       $     745,285
School Administration                        $  1,125,134
Transportation                                     $     822,358
Facilities Maintenance                        $  3,171,087
Debt Service                                       $     522,000
All Other Expenditures                       $       32,299


 
Explanation:  The Town’s contribution to the total cost of funding public education from kindergarten to grade 12 as described in the Essential Programs and Services Funding Act is the amount of money determined by state law to be the minimum amount that the Town must raise in order to receive the full amount of state dollars.

 
Explanation: Non-state-funded debt service is the amount of money needed for the annual payments on the Town’s long-term debt for major capital school construction projects that are not approved for state subsidy.  The bonding of this long-term debt was previously approved by the voters or other legislative body.

 
The School Board recommends an appropriation which exceeds the State Essential Program and Services model for the following reasons:
The state’s funding model does not support all of the costs for K-12 education.  It includes only those costs considered essential by the state’s Essential Programs and Services (EPS) model.
Explanation:  The additional local funds are those locally raised funds over and above the Town’s local contribution to the total cost of funding public education from kindergarten to grade 12 as described in the Essential Programs and Services Funding Act and local amounts raised for the annual payment on non-state-funded debt service that will help achieve the Town’s budget for educational programs.

 

 Item # 62-2016   Approval of Cumberland County Assessment 
ORDERED, The Cape Elizabeth Town Council, having held a public hearing on Monday, May 9, 2016 does hereby approve for inclusion in the Fiscal Year 2017 budget the assessment from Cumberland County for 2016 amounting to $1,171,612.

Item # 63-2016    Approval of Local Homestead Exemption Funds
ORDERED, The Cape Elizabeth Town Council, having held a public hearing on Monday, May 9, 2016 does hereby approve for inclusion in the Fiscal Year 2017 budget the amount of $312,000 for the local share of homestead exemptions.

Item # 64-2016    Property Tax Levy Limit
ORDERED, The Cape Elizabeth Town Council in accordance with Title 30-A MRSA Section 5721-A the Town of Cape Elizabeth hereby increases the property tax levy limit for municipal services to the $7,102,688. 

Item # 65-2016 Proposed FY 2017 General Fund Budget Summary Motion 
ORDERED, the Cape Elizabeth Town Council, having held a public hearing on Monday, May 9, 2016, does hereby adopt the General Fund Budget for Fiscal Year 2017 with gross expenditures of $37,899,281, and gross revenues of $8,383,270 and with the amount of $29,516,011 to be raised from taxation, and to fix Monday, October 3, 2016, and Monday, April 3, 2017 as the dates upon each of which one-half of such tax is due and payable, with interest to accrue upon taxes due and unpaid after each such date at the rate of seven percent (7.00%) per annum.  In accordance with 36 M.R.S.A. Section 506, the Tax Collector and Town Treasurer are authorized to accept prepayment or decline prepayment of taxes not yet committed or prior to any due date and pay no interest thereon. In accordance with 36 M.R.S.A. Section 506-A, a taxpayer who pays an amount accepted by the tax collector and town treasurer in excess of that finally assessed shall be repaid the amount of overpayment plus interest from the date of overpayment at the minimum annual rate per annum set by the State of Maine.








  FY 2016 FY 2017 $ Change % Change
  BUDGET BUDGET FY 16 to FY 17 FY 16 to FY 17
EXPENDITURES        
TOTAL MUNICIPAL $ 11,613,020 $ 12,052,688 $ 439,668 3.8%
COUNTY ASSESSMENT $ 1,171,612 $ 1,247,048 $ 75,436 6.4%
Local Homestead Exemption $ 199,200 $ 312,000 $ 112,800 56.6%
SCHOOL DEPARTMENT $ 23,536,649 $ 24,287,545 $ 750,896 3.2%
  $ 36,520,481 $ 37,899,281 $ 1,378,800 3.8%
         
REVENUE        
TOTAL MUNICIPAL $ 4,748,749 $ 4,950,000 $ 201,251 4.2%
SCHOOL DEPARTMENT $ 3,627,183 $ 3,433,270 $ (193,913) -5.3%
TOTAL $ 8,375,932 $ 8,383,270 $ 7,338 0.1%
         
NET TO TAXES        
TOWN SERVICES $ 6,864,271 $ 7,102,688 $ 238,417 3.5%
Local Homestead Exemption $ 199,200 $ 312,000 $ 112,800 56.6%
COUNTY ASSESSMENT $ 1,171,612 $ 1,247,048 $ 75,436 6.4%
SCHOOL DEPARTMENT $ 19,909,466 $ 20,854,275 $ 944,809 4.7%
TOTAL $ 28,144,549 $ 29,516,011 $ 1,133,045 4.0%
         
TAX RATES (Rounded to nearest ยข)        
Local Homestead Exemption $ 0.12 $ 0.18 $ 0.06 50.0%
TOTAL MUNICIPAL $ 4.12 $ 4.22 $ 0.10 2.4%
COUNTY ASSESSMENT $ 0.70 $ 0.74 $ 0.04 5.6%
SCHOOL DEPARTMENT $ 11.94 $ 12.40 $ 0.46 3.8%
TOTAL $ 16.88 $ 17.54 $ 0.66 3.9%
      $ -  
TAX RATE VALUATION BASIS 1,668,000,000 1,682,000,000 $ 14,000,000.00 0.8%


15:17 Item# 66-2016            Cape Elizabeth Rescue Fund Budget   

ORDERED, The Cape Elizabeth Town Council, having held a public hearing on Monday, May 9, 2016 does hereby approve the Cape Elizabeth Rescue Fund Budget for Fiscal Year 2017 with approved expenditures of $440,936 and approved revenues of $390,000.


17:16 Item# 67-2016           Cape Elizabeth Sewer Fund Budget    

ORDERED, The Cape Elizabeth Town Council, having held a public hearing on Monday, May 9, 2016 does hereby approve the Cape Elizabeth Sewer Fund Budget for Fiscal Year 2017 with approved expenditures of $1,951,587 and approved revenues of $2,000,300. 17:47 Item# 68-2016           Cape Elizabeth Spurwink Church Fund Budget
    
ORDERED, The Cape Elizabeth Town Council, having held a public hearing on Monday, May 9, 2016 does hereby approve the Cape Elizabeth Spurwink Church Fund Budget for Fiscal Year 2017 with approved expenditures of $9,209 and approved revenues of $4,700.
18:17 Item# 69-2016            Cape Elizabeth Riverside Cemetery Fund Budget    

ORDERED, The Cape Elizabeth Town Council, having held a public hearing on Monday, May 9, 2016 does hereby approve the Cape Elizabeth Riverside Cemetery Fund Budget for Fiscal Year 2017 with approved expenditures of $55,784 and approved revenues of $44,500. 18:49 Item# 70-2016           Portland Head Light Fund Budget
  
ORDERED, The Cape Elizabeth Town Council, having held a public hearing on Monday, May 9, 2016 does hereby approve the Portland Head Light Fund Budget for Fiscal Year 2017 with approved expenditures of $555,800 and approved revenues of $543,230.
19:20 Item# 71-2016           Fort Williams Park Fund
    
ORDERED, The Cape Elizabeth Town Council, having held a public hearing on Monday, May 9, 2016 does hereby approve the Fort Williams Park Special Fund Budget for Fiscal Year 2017 with approved expenditures of $484,100 and approved revenues of $195,650.

Note: The town manager recommended this budget contingent upon receiving a three year needs projection from the Fort Williams Advisory Commission by May 9th.  The report has been received.  27:12 Item# 72-2016           Cape Elizabeth Infrastructure Improvement Fund Budget 
 
ORDERED, The Cape Elizabeth Town Council, having held a public hearing on Monday, May 9, 2016 does hereby approve the Infrastructure Improvement Fund Budget for Fiscal Year 2017 with approved expenditures of $0 and approved revenues of $30,000.
27:47 Item# 73-2016           Thomas Jordan Fund Budget 
 
ORDERED, The Cape Elizabeth Town Council, having held a public hearing on Monday, May 9, 2016 does hereby approve the Thomas Jordan Fund Budget for Fiscal Year 2017 with approved expenditures of $52,035 and approved revenues of $40,000.
28:57 Item# 74-2016           Land Acquisition Fund Budget 
 
ORDERED, The Cape Elizabeth Town Council, having held a public hearing on Monday, May 9, 2016 does hereby approve the Land Acquisition Fund Budget for Fiscal Year 2017 with approved expenditures of $0 and approved revenues of $32,014.

Summary of Items # 66-74:  Shown for summary purposes.  Operational actions are in above motions.  








Actual Budget Estimated Budget $ Change % Change
Expenditures FY 2015 FY 2016 FY 2016 FY 2017 2016 to 2017 2016 to 2017
Cape Elizabeth Rescue Fund $ 223,479 $ 340,177 $ 340,177 $ 440,936 $ 100,759 29.6%
Cape Elizabeth Sewer Fund $ 1,746,767 $1,904,798 $1,904,798 $1,951,587 $ 46,789 2.5%
Spurwink Church Fund $ 7,058 $ 9,209 $ 9,209 $ 9,209 $ - 0.0%
Riverside Cemetery Fund $ 47,048 $ 54,019 $ 54,019 $ 55,784 $ 1,765 3.3%
Fort Williams Park Capital Fund $ 60,641 $ 174,010 $ 88,859 $ 485,600 $ 311,590 179.1%
Portland Head Light Fund $ 485,599 $ 545,330 $ 545,330 $ 543,230 $ (2,100) -0.4%
Thomas Jordan Fund $ 24,650 $ 35,535 $ 35,535 $ 52,035 $ 16,500 46.4%
Infrastructure Improvement Fund $ - $ - $ - $ - $ -
Land Acquisition Fund $ - $ - $ - $ - $ -
Use of General Fund carry Forward $ 107,000
Total Budget $ 2,595,242 $3,063,078 $2,977,927 $3,538,381 $ 475,303 15.5%
Actual Budget Estimated Budget $ Change % Change
Revenues FY 2015 FY 2016 FY 2016 FY 2017 2016 to 2017 2016 to 2017
Cape Elizabeth Rescue Fund $ 246,069 $ 360,000 $ 360,000 $ 390,000 $ 30,000 8.3%
Cape Elizabeth Sewer Fund $ 2,028,539 $1,955,300 $1,955,300 $2,000,300 $ 45,000 2.3%
Spurwink Church Fund $ 4,528 $ 4,700 $ 4,700 $ 4,700 $ - 0.0%
Riverside Cemetery Fund $ 51,269 $ 44,500 $ 44,500 $ 44,500 $ - 0.0%
Fort Williams Park Capital Fund $ 182,815 $ 173,550 $ 173,550 $ 195,650 $ 22,100 12.7%
Portland Head Light Fund $ 578,286 $ 547,200 $ 547,200 $ 555,800 $ 8,600 1.6%
Thomas Jordan Fund $ 20,144 $ 40,000 $ 40,000 $ 40,000 $ - 0.0%
Infrastructure Improvement Fund $ 150,745 $ 30,000 $ 30,000 $ 30,000 $ - 0.0%
Land Acquisition Fund $ 32,914 $ 32,914 $ 32,914 $ 32,914 $ - 0.0%
Total Revenues $ 3,295,309 $3,188,164 $3,188,164 $3,293,864 $ 105,700 3.3%

30:04             Item# 75-2016            Land Acquisition Fund Appropriation
It is proposed to authorize the town manager to purchase a 0.89+- acre lot adjacent to 8 Rock Wall Lane for conservation purposes and to authorize the expenditure of $75,000 from the Land Acquisition Fund for the purchase and such additional small amounts needed for filing fees etc. related to the purchase.
43:49            Item# 76-2016            Consent Agreement Approval
It is recommended to approve a proposed consent agreement for a zoning ordinance violation involving a setback at 10 Star Road.
48:06            Item# 77-2016             Spurwink Rod and Gun Club Insurance Hardship Request
The Spurwink Rod and Gun Club has asked for a reduction in their insurance requirements..  The town council will consider their request.   

The town attorney will be present during discussion of this item and will also update the town council on the new statute provisions relating to municipal regulation of shooting ranges.
          


01:46:20 Item# 78-2016              Appointments to Voter Registration Appeals Board
State law provides for a Registration Appeals Board, M.R.S. Title 21-A §103, in the event a person is aggrieved by the decision of the registrar of voters, that person may appeal to the board. The board consists of 3 members and 2 alternates. The municipal committee of each of the major political parties shall nominate one member, who must be enrolled in the party that nominates the member. The municipal officers shall appoint the persons nominated by the municipal committees. The third member is nominated by the town clerk and appointed by the municipal officers.
When a municipal committee nominates a member, it shall also nominate an alternate board member who serves if the member nominated by the municipal committee is or becomes unable to serve. The clerk may give the municipal committees a list of qualifications necessary for a person to fulfill the duties of the registration appeals board and shall take those qualifications into consideration when nominating members to the board. Appeals are an important process available to a person who feels their voter registration should not have been canceled or their application for registration should not have been denied.
The committees are asked to consider nominees who are fair, responsible and will take the appeal seriously. Board members must be available for the hearing which is scheduled by the chairman. Board members must be able to read the state law regarding voter registration, do their best to understand the law and listen to both sides of the issue and make a fair determination based on the law.
The term of office is 3 years and until the member's successor is appointed and sworn.
The term of office is 4 years for the member nominated by the clerk who also serves as chairman of the board. Anne E. Swift-Kayatta currently serves as the Chairman of the Registration Appeals Board for a term to expire April 14, 2018.
Since the board was created several years ago by state law, the clerk is  not aware of an appeal for Cape Elizabeth. However we must always be prepared to serve such a request.
Nominations
The Democratic Town Committee has nominated Nolan L. Reichl, 1 Rock Crest Drive and alternate Karen M. Hessel, 45 Wildwood Drive.  The Republican Town Committee has nominated Janet M. Corey,  27 Trundy Road and alternate Timothy L. Thompson, 6 Pine Ridge Road.
Recommended Motion
The Cape Elizabeth Town Council confirms nominations to the Registration Appeals Board as presented. The terms are effective immediately to expire May 9, 2019.
01:42:02             Item# 79-2016            Scott Dyer Road Paving Grant Request  
The Maine Department of Transportation through PACTS is offering a grant of about $247,000 to be provided in 2019 to help with paving Scott Dyer Road between Route 77 and Brentwood Road.  Local councils with proposed projects in their communities are asked to endorse any grant request.  We will improve the remaining section of Scott Dyer Road prior to 2019.
01:50:37             Item# 80-2016           Acceptance of Sculpture   
The Library Building Committee utilizing funds donated by the Thomas Memorial Library Foundation has proposed the placement of a sculpture  to the left of the new main entrance of the library.  As the installation is intended to be permanent and involves changes in the original approved site plan, it has been determined that an amendment to the site plan approval for the library project would be required.  It is recommended to authorize the town manager to accept the gift of the sculpture and to submit an application to the planning board for an amendment to the approved site plan for the Thomas Memorial Library.

  01:54:31             Item# 81-2016            Paper Street Update   
We have received extensive public input on paper streets. It is recommended the town council review the report  and discuss next steps and specific recommendations   at a workshop on May 19, 2016 at 7 p.m. at the Town Hall. 
02:04:00             Item# 82-2016            Use of Pesticides on Municipal Property    
Attached is a summary  of the use of pesticides on municipal property and recommendations for moving forward with continuing to reduce use. It is recommended to receive the report and to proceed as outlined in the report subject to annual review at budget review sessions of the budget for fields’ maintenance.
02:08:08             Item# 83-2016            Library Project Budget Update  
The town manager will provide a financial update on the library project.
02:15:35 Citizens may at this point in the meeting raise any topic that is not on the agenda that pertains to Cape Elizabeth local government.

  02:15:42 Item # 84-2016   Executive Session to Review Land Acquisition/Disposition Matters and to review an Application for a Hardship Abatement of Property Taxes 
Draft Motion: Ordered the Cape Elizabeth Town Council in conformance with 1 MRSA §405 6 C and F . hereby enters into executive session for
C. Discussion or consideration of the condition, acquisition or the use of real or personal property permanently attached to real property or interests therein or disposition of publicly held property or economic development only if premature disclosures of the information would prejudice the competitive or bargaining position of the body or agency;
F. Discussions of information contained in records made, maintained or received by a body or agency when access by the general public to those records is prohibited by statute; (in this instance a review of a hardship tax abatement request made under 36 MRSA § 841 )

Adjournment
 
Public Participation at Town Council Meetings
After an item has been introduced, any person wishing to address the council shall signify a desire to speak by raising their hand or by approaching the lectern.  When recognized by the chairman, the speaker shall give his or her name and address or name and local affiliation, if the affiliation is relevant, prior to making other comments.  All remarks should be addressed to the Town Council. Comments shall be limited to three minutes per person; however, the time may be extended by majority vote of councilors present. For agenda items that are not formally advertised public hearings, the time for public comments is limited to 15 minutes per agenda item. This time may be extended by a majority of the Town Council.  The chairman may decline to recognize any person who has already spoken on the same agenda item and may call on speakers in a manner so as to balance debate.  Once the Council has begun its deliberations on an item, no person shall be permitted to address the Council on such item.      
Speaking at the meeting on topics not on the agenda at regular Council meetings
Persons wishing to address the Council on an issue or concern local in nature not appearing on the agenda may do so at a regular Town Council meeting before the town manager’s report and/or after the disposition of all items appearing on the agenda. Any person wishing to address the Council shall signify a desire to speak by raising their hand or by approaching the lectern.  When recognized by the chairman, the speaker shall give his or her name and address or name and local affiliation if the local affiliation is pertinent. Comments in each comment period shall be limited to three minutes per person and 15 minutes total; however, the time may be extended by majority vote of councilors present.
Decorum
Persons present at Council meetings shall not applaud or otherwise express approval or disapproval of any statements made or actions taken at such meeting. Persons at Council meetings may only address the Town Council after being recognized by the chairman.