Cape Elizabeth Town Council Special Meeting
Agenda Wednesday, September 19, 2018
7:00 p.m.  Cape Elizabeth Town Hall
Council Chambers

Jessica L. Sullivan, Chairman
James M. "Jamie" Garvin
                Caitlin R. Jordan
Penelope A. Jordan
Sara W. Lennon
Valerie A. Randall
Christopher M. Straw

00:03 Convening by Town Council Chairman Jessica L. Sullivan

00:12 The Pledge of Allegiance to the Flag

00:35 Roll Call by the Town Clerk

00:52 Citizen Opportunity for Discussion of Items Not on the Agenda

01:10 Item #129-2018          Review of Proposed Settlement Agreement Relating to Paper Street Sections of Surfside Avenue

Links
Map
Map
Settlement Agreement

02:16 Opportunity for Public Comment (Limited to 15 minutes; 3 minutes per person. Time may be extended by a majority of the town council.)

01:32:30 End Public Comment

On August 13, 2018 the town council voted to send the proposed settlement agreement between the
Town of Cape Elizabeth and Imad Khalidi, David Leopold, Kara Leopold, Andrew Sommer, Susan
Ross, Stewart Wooden, Julie Wooden and Pilot Point, LLC regarding paper street sections of Surfside
Avenue, to a public hearing on September 10, 2018 to begin the deemed vacation process of a paper
street section of Surfside Avenue.

Following the public hearing, the council voted to schedule an executive session at the workshop on
Monday, September 17, 2018 at 6:00 p.m. with attorney Durward Parkinson to discuss the legal rights
and duties of the town council relating to paper streets and the proposed settlement agreement and a
special meeting on Wednesday, September 19, 2018 at 7:00 p.m. on the proposed settlement
agreement.

01:31:06 Opportunity for Public Comment (Limited to 15 minutes; 3 minutes per person. Time may be extended by a majority of the town council.)

01:31:26 Item #130-2018          To Consider Sale of Property on Ocean View Road - Map U03 Lot 92

On January 8, 2018 the town council authorized the town manager to consider the offer from Marc Greichen and Sandra Elliott to purchase Lot U3-92 off Ocean View Road for $35,000 and to refer the request for purchase to the conservation committee for review.

The conservation committee met on February 13, 2018 and voted 7-0 to make the following recommendation to the town council.

The Conservation Committee recommends that the town owned lot U3-92 not be sold to preserve options for future greenbelt connectivity and neighborhood open space. If the lot is sold, the Conservation Committee recommends that a 15’ wide easement be retained on the southeast corner and the proceeds of the sale be placed in the land acquisition fund.

On March 12, 2018 the town council authorized the town manager to continue discussions with Marc Greichen and Sandra Elliott on their offer and bring back to the town council for consideration a purchase and sale agreement with conditions as suggested by the conservation committee.

Recommended Motion:
ORDERED, the Cape Elizabeth Town Council approves the sale of town owned property on Ocean
View Road, Tax Map U03 Lot 92, to Marc Greichen and Sandra Elliott for the price of $90,000, and
upon such other terms and conditions as the town manager shall approve. Further, the town manager
is authorized to execute and deliver a release deed for such property, together with such other
documents as he deems necessary or appropriate.

01:38:34 Opportunity for Public Comment (Limited to 15 minutes; 3 minutes per person. Time may be extended by a majority of the town council.)

01:39:05 Item #131-2018          To Consider the Approval of Lease Purchase Financing for the Purchase of a Ladder Truck, a Rescue and a Plow/Dump Truck

The town council approved the purchase of a ladder truck, rescue and plow/dump truck when the FY
2019 budget was adopted on May 14, 2018. The town manager has reviewed financing options and
recommends entering into an agreement with TD Equipment Finance, Inc.

Recommended Motion:
ORDERED, the Cape Elizabeth Town Council approves and authorizes a Lease Purchase Agreement
with TD Equipment Finance, Inc. as follows:

TOWN OF CAPE ELIZABETH, MAINE
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 $1,500,000, and bearing interest at the rate of 2.95% per annum, to lease finance a ladder truck, an ambulance, and a plow / dump truck 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.

01:46:02 Citizens may at this point in the meeting raise any topic that is not on the agenda that pertains to Cape Elizabeth local government.

01:51:35 Adjournment