Cape Elizabeth Town Council Agenda
Monday, June 13, 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

00:21 Convening by Clerk Pro Tem
02:41 Roll Call by the Town Clerk Pro Tem
03:28 Town Council Reports and Correspondence
06:26 Finance Committee Report: Link to  Monthly Financial Report
10:27 Citizen Opportunity for Discussion of Items Not on the Agenda
17:22 Town Manager’s Monthly Report
18:37        Review of   Draft Minutes of  May 9, 2016 and  May 19, 2016 meetings.  

19:35 Public Hearing regarding Parking on Surf Road
27:25 Item #85-2016            Parking on Surf Road
The town council received petitions regarding parking on Surf Road.  One petition asked for parking to be prohibited on the side of Surf Road closest to Fort Williams Park.  The town council will consider an amendment to the town’s traffic regulations:

Sec. 13-2-3. No Parking at Any Time. There shall be no parking at any time: 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 
All other sections unchanged.
38:14 Item #86-2016            The Good Table Annual Licenses
It is recommended the town council approve the annual malt, vinous and spirituous licenses for the Good Table at 537 Ocean House Road.
39:50 Item #87-2016            The Local Buzz Annual Licenses
It is recommended the town council approve the annual malt, vinous and spirituous licenses and special amusement permit for the Local Buzz at 327 Ocean House Road.
41:20 Item #88-2016            Thomas Memorial Library Policy Updates
The trustees of the Thomas Memorial Library are recommending council approval of several updated policies:
Gaming Room Procedure
Community Information Area Policy
Displays and Exhibits Policy
Building Policy     
42:08 Item #89-2016            Cape Elizabeth Land Trust request for Donation to Assist in Purchase of Glew Property near Jewett Road
The Cape Elizabeth Land Trust has asked for a donation to assist with their purchase of the Glew property which is a 22.8 acre parcel abutting town easements near Great Pond and the Jewett Road neighborhood.  Link to Survey  The Conservation Commission is recommending a $75,000 donation from the Land Acquisition Fund and certain other provisions. It is recommended that after discussion this item be tabled to the July 11, 2016 town council meeting and that the town manager be requested to ask the town attorney to develop a legal framework for legal agreements with the Cape Elizabeth Land Trust consistent with the recommendation of the conservation commission.  The land trust has also provided this letter in response to the conservation commission recommendation.      
54:10 Item #90-2016            Approval of Quit-Claim Deed
 It is recommended the town council authorize the town manager to execute a quit claim deed for property at 6 Pine Point Road to the estate of William Lowell.  All back taxes have been paid.
55:40 Item #91-2016            Update of Ordinances Relating to Boards and Commissions    
The ordinance committee has completed its work reviewing all of the provisions relating to the town’s boards and commissions and is recommending a replacement Chapter 4 of the Code of Ordinances establishing boards and committees and revised sections of Chapter 18 which is the Conservation Ordinance and Chapter 24 which is the Shooting Range Ordinance. It is recommended that the proposed amendments be referred to a public hearing on July 11, 2016 at 7:00 p.m. at the Cape Elizabeth Town Hall.  The committee also made other recommendations which are proposed to be referred to a workshop to be scheduled
01:03:42 Item #92-2016            Community Services Program Transition
The community services program will be transitioning from the school department to a municipal department on July 1, 2016.

It is recommended that the Personnel Code be amended in Appendix A to provide that the Community Services Director and the Aquatics Director be salaried positions. This is no change from their status with the school department.
It is recommended that the Administrative Code be amended as shown in this link.  
While awaiting the outcome of the council deliberations on the boards and commissions ordinance, it is recommended that the Community Services Committee continue in the interim as an ad hoc committee with the following responsibilities which mirror those proposed by the ordinance committee:
Community Services Committee 1.         Membership. The Community Services Committee shall consist of seven (7) members.

2.         Purpose. The purpose of the Community Services Committee is to advocate for versatile community programs offering educational, cultural, recreational and social enrichment opportunities. 3.         Duties. The Community Services Committee shall have the following duties and responsibilities:
a.         Perform regular outreach efforts to assess satisfaction with current programming and identify unmet needs.
b.         Advise the Community Services Director on issues of interest that relate to the programming offered by the Community Services Department.

It is recommended that the terms of the Community Services Committee be confirmed as follows:
Trish Brigham 34 Rock Crest Drive Term Expires Dec 31, 2018 Debbie Butterworth 21 McAuley Road Term Expires Dec 31, 2018
Amy Lombardo 11 Leighton Farms Road Term Expires Dec 31, 2016
Sarah MacColl 4 Avon Road Term Expires Dec 31, 2016
Terri Patterson 15 Surf Road Term Expires Dec 31, 2018
Tara Simopoulos 19 Salt Spray Lane Term Expires Dec 31, 2017
Joseph Whalen 3 Wainwright Drive Term Expires Dec 31, 2017
01:10:30 Item #93-2016            Eastman Meadows Affordable Housing  
Joel FitzPatrick, as developer of the Eastman Meadows Condominium development located off Eastman Rd, is requesting that the moderate income affordable housing requirement be lifted from 2 additional affordable units in the condominium development. The Town Council granted relief for 2 moderate income units in August 2015. Two of the 6 units have been sold as moderate income units.

To repeat the information provided last summer, the town adopted Mandatory Affordable Housing requirements in 1992 that apply to major subdivisions. Those provisions both require that affordable housing be provided, and also that the affordable provisions be lifted if the properties do not sell.
If a good faith effort has been made to sell the home to a qualified buyer for more than 180 days without success, the developer may ask to sell the unit at a market rate. The Town reserves the right to preserve the affordable unit by purchasing it from the developer. If the town declines to exercise its option, the home may be sold at market rate without an affordable housing preservation restriction.
Cape's Experience with Affordable Housing
The first affordable housing created under the Mandatory Affordable Housing provisions was a moderate income home included in the Whaleback Ridge Subdivision. Five low-income homes were included in the Cross Hill Subdivision. Affordable housing has become a routine element of new subdivisions. The town currently has 9 low-income units and 9 moderate income units (including the 2 under consideration). Both a low-income and a moderate income home have been resold, with the low-income home selling in 1 day with multiple buyers.
At this time, the following income and sale price limits apply:
Affordability                                                     Income                    Sale Price
Low-income (50%-80%)                                $61,100                     $210,678 Moderate-income (80%-150%)                    $114,563                     $395,022

The low-income homes have sold rapidly. The moderate income homes, however, are priced close to market rate homes, which may hamper their sale. The Technical Amendments, which will soon be sent to the Town Council from the Planning Board, includes a revision to the moderate income definition that should eliminate the challenge with moderate income condominium sales.
Town Council Action
If the town council does not wish to purchase the two units, an Order for the Town Council to consider waives the town's option to purchase.
ORDERED, the Cape Elizabeth Town Council approves the recommendation of the town manager to waive the town’s right to purchase two affordable housing units at Eastman Meadows that have remained unsold for some time. The two units could be sold to non-qualified buyers at market rates with any excess over $395,022 for each unit to be provided to the town for other affordable housing.
  01:15:15 Item# 94-2016     Year End Budget Shortfalls
The overall budget is in great shape as we near the end of the fiscal.  The charter provides that no department is permitted to exceed its budget without council authorization.

Recommended Additional Appropriations: 410 Human Services                     Revise Appropriation from $52,607 to $80,000
600 Facilities Management           Revise Appropriation from $212,345 to $225,000
End of Items on the Agenda
01:18:54 Citizens may at this point in the meeting raise any topic that is not on the agenda that pertains to Cape Elizabeth local government.
01:20:02 Adjournment

The town council will hold a workshop meeting following the council meeting to continue review of the paper streets report. This review began at a workshop meeting on May 19, 2016.    Time permitting, the council will look at progress on annual goals.   
The workshop has been postponed to June 22, 2016