Cape Elizabeth Town Council Meeting
Monday, June 12, 2017
7 p.m.
Town Hall Chamber

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

01:10 Pledge of Allegiance to the Flag

01:33 Roll Call by the Town Clerk

01:56 Town Council Reports and Correspondence

06:05 Finance Committee Report
Dashboard and Financial Reports as of 5/31/2017

10:07 Citizen Opportunity for Discussion of Items Not on the Agenda

10:20 Town Manager’s Monthly Report

13:24 Review of Draft Minutes of May 8, 2017 and May 15, 2017

13:45 Public Hearing – Proposed Amendments to Chapter 24 Shooting Range Ordinance

25:41 Item #92-2017 Proposed Amendments to Chapter 24 Shooting Range Ordinance

The town council voted at the February 13, 2017 meeting to refer to the ordinance committee technical revisions to the shooting range ordinance. The ordinance committee has completed its’ review and recommends (3-0) proposed changes as outlined in the May 1 memo to the town council. On May 8 the council set the proposed changes to public hearing for this evening.

Link to Memo
Link to Proposed Changes (redlined)
Link to Proposed Changes (saved changes)

37:54 Item #93-2017 The Good Table – Request for Renewal Liquor Licenses

The Good Table located at 527 Ocean House Road is requesting renewal of the malt, vinous and spirituous liquor license. Upon staff review there are no questions or concern.

39:14 Item #94-2017 The Local Buzz – Request for Renewal Liquor License and Special Amusement Permit

The Local Buzz located at 327 Ocean House Road is requesting renewal of the malt and vinous liquor license and special amusement permit. Upon staff review there are no questions or concerns.

40:11 Item #95-2017 Maxwell Woods Multi-plex Project – Request for Conditional Municipal
Acceptance of Open Space and Town Roadway

Maxwell Woods, LLC is requesting conditional municipal approval for a proposed roadway extension and open space as part of the Maxwell Woods Multi-plex project. The proposed open space is a total of 8.47 acres and the roadway is to extent Aster Lane.

It is recommended the town council approve the conditional request as presented.

01:15:30 Item #96-2017 Vote Authorizing Printer/Photocopier Lease Purchase Agreement

Catherine Messmer, Business Manager and Noel Haroff, Director of Technology have been reviewing proposals for printers and copiers for both town and school departments. The following vote will authorize funds from Biddeford Savings Bank for town printers and photocopiers. Following authorized funding, an agreement will be signed with BEU (Business Equipment Unlimited). The vote has been prepared by town bond counsel James Saffiano.

It is recommended the town council approve the following vote authorizing the town manager to sign a lease purchase agreement with Biddeford Savings for printers and photocopiers for town departments.

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

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 Biddeford Savings Bank in the amount of $46,343.40 and bearing interest at the rate of 2.66% 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.

01:20:40 Item #97-2017 Resolve Welcoming All People

Cape Diversity Coalition provided a resolution for consideration at the April 10 council meeting. The council has discussed the resolve at workshops on May 1 and June 5. The consensus at the June 5 workshop was to place the draft submitted by Councilor Penny Jordan, as amended on May 1, on the June 12 agenda for consideration. Drafts have also been provided by Cape Diversity Coalition and resident Victoria Volent.

Link to Draft submitted by Councilor Penelope Jordan
Link to Draft submitted by Cape Diversity Coalition
Link to Draft submitted by Victoria Volent

02:21:18 Item #98-2017 Approval of the Placement of a Sculpture at the Thomas Memorial Library

The town council accepted the gift of a sculpture from the Thomas Memorial Library Foundation on May 9, 2016 as part of the library building project. A suitable site has been decided.

It is recommended the town council approve the placement of the sculpture gifted from the Thomas Memorial Library Foundation to the grassy area between the handicap parking spots and the brick patio by the Scott Dyer Road entrance door as recommended.

Link to Memo

02:23:50 Item #99-2017 Year End Budget Shortfalls

The overall budget is in good shape with the end of the fiscal year approaching on June 30. The
charter provides that no department is permitted to exceed its budget without council authorization.

The following additional appropriation is recommended.

Recommended Additional Appropriation:
637 Community Services Youth Program Revise Appropriation from $401,715 to $411,715

02:27:17 Citizens may at this point in the meeting raise any topic that is not on the agenda that pertains
to Cape Elizabeth local government.

02:27:22 Adjournment