Convening by Town Council Chairman Jessica L. Sullivan

00:08 The Pledge of Allegiance to the Flag

00:32 Roll Call by the Town Clerk

00:51 Town Council Reports and Correspondence

03:07 Review and Discussion – Fiscal Year 2017 Audit Results
The town council and school board have met twice in workshop session, January 8 and March 14, 2018, relating to the fiscal year 2017 (July 1, 2016 – June 30, 2017) audit results. Due to the results of the municipal audit, Jennifer Conners of Runyon Kersteen Ouellette will be available to provide information on steps taken to correct items identified as significant deficiencies, as well as future actions to insure ongoing remediation. Ms. Conners was originally scheduled for April 9 however was unavailable due to illness.

 

22:08 Finance Committee Report
Dashboard and Financial Reports as of 4/30/2018

Appropriation Control
Expense Distribution
Revenue Control
Revenue Distribution

24:27 Citizen Opportunity for Discussion of Items Not on the Agenda

24:52 Town Manager's Monthly Report

27:43       Review of Draft Minutes of April 9, 2018 and Special Meetings held on May 1 and
May 7, 2018

44:49       Item #71 – 76 Tabled from May 7, 2018

      It is in order for the town council to remove Item ##71 – 76 from the table for action.

Item #71-2018            Municipal Budget Approval

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

Moved by and Seconded by 
ORDERED, The Cape Elizabeth Town Council, having held a public hearing on Monday, May 7, 2018 does hereby adopt the municipal budget for Fiscal Year 2019 and hereby makes the following gross appropriations for each listed department.

 

 

Expenditures by Department

Budget FY 2019

 

 

 

110

ADMINISTRATION

$                                         619,268

120

ASSESSING/CODES PLANNING

$                                         394,897

130

TOWN COUNCIL

$                                                500

135

LEGAL AND AUDIT

$                                         110,000

140

ELECTIONS

$                                           38,576

150

BOARDS AND COMMISSIONS

$                                           19,506

530

PUBLIC INFORMATION

$                                           65,409

 

Subtotal General Government

$                                      1,248,156

160

INSURANCE

$                                         108,000

170

EMPLOYEE BENEFITS/HR SUPPORT

$                                      1,429,500

180

DEBT SERVICE

$                                      1,365,841

520

CONTRIBUTIONS

$                                         120,414

710

INTERGOVT. ASSESSMENTS

$                                           77,624

 

Subtotal-Nondistributed

$                                      3,101,379

210

POLICE DEPARTMENT

$                                      1,477,465

215

ANIMAL CONTROL

$                                           25,620

220

PUBLIC SAFETY COMMUNICATIONS

$                                         192,593

225

WETeam

$                                           24,392

230

FIRE DEPARTMENT

$                                         460,212

235

FIRE POLICE UNIT

$                                           14,204

240

MISC. PUBLIC PROTECTION

$                                         160,158

250

EMERGENCY PREPAREDNESS

$                                             4,986

 

Subtotal-Public Safety

$                                      2,359,630

310

PUBLIC WORKS

$                                      1,315,779

320

REFUSE DISPOSAL/RECYCLING

$                                         517,068

 

Subtotal-Public Works

$                                      1,832,847

410

HUMAN SERVICES

$                                           53,995

510

LIBRARY

$                                         547,306

600

FACILITIES MANAGEMENT

$                                         255,482

610

TOWN HALL

$                                           23,141

615

LIBRARY BUILDING

$                                           42,328

620

TOWN CENTER FIRE STATION

$                                           25,372

621

COMMUNITY CENTER BUILDING

$                                           74,950

622

DONALD RICHARDS POOL FACILITY

$                                         224,157

630

POLICE STATION

$                                           54,616

631

CAPE COTTAGE FIRE STATION

$                                             6,735

 

Subtotal-Facilities

$                                         706,781

633

COMMUNITY SERVICES ADMINISTRATION

$                                         274,363

634

FITNESS CENTER

$                                           61,888

635

RICHARDS POOL PROGRAMS

$                                         231,724

636

COMMUNITY SVCS ADULT PROGRAMS

$                                         119,614

637

COMMUNITY SERVICES YOUTH PROGRAMS

$                                         419,799

638

CAPE CARE

$                                         138,467

640

PARKS & TOWN LANDS

$                                         109,103

641

SCHOOL GROUNDS

$                                         170,678

645

FORT WILLIAMS PARK

$                                         236,352

660

TREES

$                                           25,613

 

Subtotal-Parks and Recreation

$                                      1,787,601

715

CAPITAL PROJECTS

$                                         741,900

 

 

01:13:03 Item #72- 2018            School Budget Approval       

  1. ORDERED:  Cost Center Summary.  That the Town of Cape Elizabeth appropriate the following:

Regular Instruction                             $ 12,268,865
Special Education                               $   3,377,782
Career and Technical Education        $                 0
Other Instruction                                $      886,866   
Student and Staff Support                  $   2,626,017  
System Administration                       $      763,056
School Administration                       $   1,163,413
Transportation                                                $      820,343
Facilities Maintenance                       $   3,180,055
Debt Service                                       $      492,050
All Other Expenditures                      $        62,829
Total Appropriations              $ 25,641,276

  1. ORDERED:  State/Local EPS Funding Allocation.  That the Town of Cape Elizabeth appropriate $16,812,487 for the total cost of funding public education from kindergarten to grade 12 as described in the Essential Programs and Services Funding Act and that the Town of Cape Elizabeth raise $15,566,076 as 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 in accordance with the Maine Revised Statutes, Title 20-A, section 15688.

 

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.

  1. ORDERED:  Non-State Funded Debt Service.  That the Town of Cape Elizabeth raise and appropriate $492,050 for the annual payments on debt service previously approved by the legislative body for non-state-funded school construction projects, or non-state funded portions of school constructionprojects in addition to the funds appropriated as the local share of the Town's contribution to the total cost of funding public education from kindergarten to grade 12.

 

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.

  1. ORDERED:  Food Service Transfer.  That the Town of Cape Elizabeth raise and appropriate $62,829 to transfer to the Food Service Program.

 

Explanation: Monies raised for Food Service are not to be included in the calculation of the Local Additional Funds article because they are outside of the State's Essential Programs and Services funding model.

  1. ORDERED:  Additional Local Funds.  That the Town of Cape Elizabeth raise and appropriate $7,751,344 in additional local funds, which exceeds the State's Essential Programs and Services funding model by $7,751,344 as required to fund the budget recommended by the school board.

 

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.

  1. ORDERED:  Total School Budget Summary.  That the Town of Cape Elizabeth authorizes the School Board to expend $25,641,276 for the fiscal year beginning July 1, 2018 and ending June 30, 2019 from the Town's contributions to the total cost of funding public education from kindergarten to grade 12 as described in the Essential Programs and Services Funding Act, non-state-funded school construction projects, additional local funds for school purposes under the Maine Revised Statutes, Title 20-A, section 15690, unexpended balances, tuition receipts, state subsidy and other receipts for the support of schools.

 

  1. ORDERED:  Special Funds.  That the Town of Cape Elizabeth authorizes the School Board to expend sums as may be received from federal or state grants or programs or other sources during the fiscal year for school purposes, provided that such grants, programs, or other sources do not require the expenditure of other funds not previously appropriated.

 

  1. ORDERED: Changes in Anticipated State Subsidy (50% to reduce taxes/50% to fund balance): That in the event the Town receives more state general purpose aid for education than the $1,246,411 amount included in the school budget, the Town shall use 50% of the extra amount to reduce the amount of taxes raised for the school budget, and 50% to supplement the school department unassigned fund balance; and that in the event the amount of that state aid is less than the amount included in the school budget, the Town Treasurer shall execute a journal entry in the amount of any shortfall to be debited from.

03:03:19 Item #73-2018           Approval of Cumberland County Assessment 

ORDERED, The Cape Elizabeth Town Council, having held a public hearing on Monday, May 7, 2018 does hereby approve for inclusion in the Fiscal Year 2019 budget the assessment from Cumberland County for 2019 amounting to $1,392,240.

03:03:40 Item #74-2018           Approval of Local Homestead Exemption Funds

ORDERED, The Cape Elizabeth Town Council, having held a public hearing on Monday, May 7, 2018 does hereby approve for inclusion in the Fiscal Year 2019 budget the amount of $300,000 for the local share of homestead exemptions.

03:04:04 Item #75-2018             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 $7,456,365.

          

03:04:38          Item #76-2018 Proposed FY 2019 General Fund Budget Summary Motion
 
    ORDERED, the Cape Elizabeth Town Council, having held a public hearing on Monday, May 7,  
2018, does hereby adopt the General Fund Budget for Fiscal Year 2019 with gross expenditures of
$39,701,890, and gross revenues of $6,800,984 and with the amount of $32,900,906 to be raised from  
taxation, and to fix Monday, October 1, 2018, and Monday, April 1, 2019 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 eight percent (8.00%) 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 2018 

FY 2019

$ Change

% Change

 

 BUDGET

BUDGET

FY 18  to FY 19

FY 18  to FY 19

EXPENDITURES

 

 

 

 

TOTAL MUNICIPAL

 $              12,137,599

 $                 12,368,374

 $                       230,775

1.9%

COUNTY ASSESSMENT

 $                1,331,050

 $                   1,392,240

 $                         61,190

4.6%

Local Homestead Exemption

 $                    375,630

 $                      300,000

 $                       (75,630)

-20.1%

SCHOOL DEPARTMENT

 $              24,879,013

 $                 25,641,276

 $                       762,263

3.1%

 

 $              38,723,292

 $                 39,701,890

 $                       978,598

2.5%

 

 

 

 

 

REVENUE

 

 

 

 

TOTAL MUNICIPAL

 $                4,938,670

 $                   5,032,007

 $                         93,337

1.9%

SCHOOL DEPARTMENT

 $                3,332,211

 $                   1,768,977

 $                  (1,563,234)

-46.9%

TOTAL

 $                8,270,881

 $                   6,800,984

 $                  (1,469,897)

-17.8%

 

 

 

 

 

NET TO TAXES

 

 

 

 

TOWN  SERVICES

 $                7,198,929

 $                   7,336,367

 $                       137,438

1.9%

Local Homestead Exemption

 $                    375,630

 $                      300,000

 $                       (75,630)

-20.1%

COUNTY ASSESSMENT

 $                1,331,050

 $                   1,392,240

 $                         61,190

4.6%

SCHOOL DEPARTMENT

 $              21,546,802

 $                 23,872,299

 $                   2,325,497

10.8%

TOTAL

 $              30,452,411

 $                 32,900,906

 $                   2,448,495

8.0%

 

 

 

 

 

TAX RATES (Rounded to nearest ¢)

 

 

 

 

 Local Homestead Exemption

 $                           0.22

 $                             0.18

 $                            (0.05)

-20.6%

TOTAL MUNICIPAL

 $                           4.25

 $                             4.31

 $                              0.06

1.4%

COUNTY ASSESSMENT

 $                           0.79

 $                             0.82

 $                              0.03

4.0%

SCHOOL DEPARTMENT

 $                        12.74

 $                           14.03

 $                              1.29

10.1%

TOTAL

 $                        18.00

 $                           19.33

 $                              1.33

7.4%

 

 

 

 

 

TAX RATE VALUATION BASIS

            1,692,995,900

 $           1,702,025,100

 $              9,029,200.00

0.5%

 

 

 

 

 

03:06:40 Item #86-2018            Discussion of Citizens' Concerns Relating to the Management of the School Department
Link to Memo

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

The town council will discuss citizen requests to hold a joint workshop with the school board
relating to citizens' concerns about the management of the school department including financial and
administrative management and transparency.

03:39:28 Item #87-2018           Inn By The Sea Licenses

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

The Inn By The Sea is requesting approval of the renewal malt, spirituous and vinous liquor licenses and special amusement permit.

The applications have been reviewed by police, fire and code enforcement. There are no concerns to report relating to the applications.

Proposed Draft Motion
ORDERED, the Cape Elizabeth Town Council approves the renewal malt, spirituous and vinous liquor license and special amusement permit for Inn By The Sea located at 40 Bowery Beach Road as presented.

03:40:25 Item #88-2018            Spurwink School Reuse Committee Recommendation

Link to Memo
Link to Report

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

The Spurwink School Reuse Committee was established by the town council to review reuses and make a recommendation for the use of Spurwink School. The committee met May 2016 – March 2018 (with a hiatus during that time).

            The final report of the Spurwink School Reuse Committee is ready to present to the town council.

            Proposed Draft Motion
ORDERED, the Cape Elizabeth Town Council acknowledges receipt of the report from the Spurwink School Reuse Committee and extends thanks to the members of the committee for their work and refers the report to a future workshop.

 

 

 

 

03:41:37           Item #89-2018            Naming of New Private Drive – Waltman Way     

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

Chief Neil Williams was contacted by Cori Spike representing Dennis Paustenbach relating to a new private driveway off Running Tide Road. The Paustenbach's own two lots; Map U38 Lot 44 (16 Running Tide Road) and U38 Lot 45 (Running Tide Road). U38 Lot 44 currently has a home on it and U38 Lot 45 previously had a tennis court on it. The Paustenbach's are building a home on U38 Lot 45 and per enhanced 911 needs to have a physical address.

Chief Williams, Addressing Coordinator and Clint Swett, Town Assessor and Addressing Officer have reviewed the request. The name has been agreed upon by all parties as Waltman Way. The name does not conflict with existing road names and is ready for town council review and action.

Proposed Draft Motion
ORDERED, the Cape Elizabeth Town Council approves the recommendation of Chief Williams, Addressing Coordinator and Clint Swett, Addressing Officer to name the new private driveway
Map U38 Lot 45, off Running Tide Road, as Waltman Way.

03:43:05 Item #90-2018            Request for a Zone Change to Business Zone A – 560 Shore Road
                                    Relating to Used Car Sales

Link to Planning Board Recommendation

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

Cape Elizabeth Service Center located at 560 Shore Road is requesting consideration of a zone change to allow used car dealer plates. On February 12, 2018 the town council referred the request to the planning board for review and consideration.

The planning board held two workshops on the proposed amendment and held a public hearing and vote on April 23, 2018. The planning board (7 – 0) voted to recommend the following amendment for town council consideration.

Sec. 19-1-3. Definitions

Repair garage: Any building, structure, improvements or land used for commercial purposes to repair, rebuild, recondition or maintain automobile engines, motor vehicles, trailers or similar vehicles.

Sec. 19-6-5. Business District A (BA)

B. Permitted Use
3. The following nonresidential uses:

h. Repair Garage (In the Shore Road Business A District, a repair garage may include up to three (3) vehicles at any time for sale) (Effective July 8, 2009)

If the town council desires continued consideration it is in order to schedule a public hearing. The town council may set to public hearing as proposed by the planning board or they may edit the proposed language.
Proposed Draft Motion
ORDERED, the Cape Elizabeth Town Council sets to public hearing on Monday, June 11, 2018 at 7:00 p.m. at the Town Hall the proposed amendment to Chapter 19 Zoning Ordinance relating to used car sales in Business District A (BA).

03:47:30 Item #91-2018          Report from the Fort Williams Park Committee Relating to Commercial Van, Bus and Vehicle Traffic at Fort William Park

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

The Fort Williams Commercial Passenger Vehicle Subcommittee was established by the Fort William Park Committee to review commercial passenger vehicle fees at Fort Williams Park.

On May 3, 2018 the Fort Williams Park Committee reviewed the recommendations of the subcommittee and voted (6-0) to make recommendations to the town council relating to commercial vehicle fees.

It is recommended the town council acknowledge receipt of the recommendations from the Fort Williams Park Committee and extends thanks to the members of the committee for their work and refers the report to a future workshop.

03:48:40 Item #92-2018            Harbors Committee Report

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

The town council established the Harbors Committee on October 5, 2016.

Committee Purpose The Town of Cape Elizabeth last conducted a major review of its harbors in the late 1980's with nearly 30 years having passed since the last review of how our coastal water resources are serving our fishing, aquaculture and recreational boating needs, it is an opportune time to review issues relating to our harbors.

Proposed Draft Motion
ORDERED, the Cape Elizabeth Town Council acknowledges receipt of the report from the Harbors Committee and extends thanks to the members of the committee for their work and refers the report to a future workshop.

03:49:59 Item #93-2018            Group Use Request for Fort Williams Park - Camp Sunshine
Thursday, August 23, 2018

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

On May 3, 2018 the Fort Willliams Park Committee voted (6-0) to approve the group use request of Camp Sunshine to utilize Fort Williams Park (Parade Field) on Thursday, August 23, 2018. The Group Use ½ Day Area Fee is $500.00

            Proposed Draft Motion
ORDERED, the Cape Elizabeth Town Council approves the recommendation of the Fort Williams Park Committee for a group use of Fort Williams Park for Camp Sunshine on Thursday, August 23, 2018 including a $500.00 group use fee as presented.


03:53:22 Item #94-2018            2018 Board and Committee Goals – Fort Williams Park Committee
 and Thomas Memorial Library Committee

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

One of the 2018 goals of the town council is for boards and committees to present their goals and
work plans for the year.

Proposed Draft Motion
ORDERED, the Cape Elizabeth Town Council acknowledges receipt of the Fort Williams Park
Committee and Thomas Memorial Library Committee's 2018 goals and objectives.

 

03:54:30 Citizens may at this point in the meeting raise any topic that is not on the agenda that pertains to Cape Elizabeth local government.

03:54:43 Adjournment