Cape Elizabeth Town Council Agenda
Monday, July 8, 2019
7:00 p.m. Council Chambers

Cape Elizabeth Town Hall

James M. "Jamie" Garvin, Chairman
Valerie J. Deveraux
Jeremy A. Gabrielson
                                        Caitlin R. Jordan
Penelope A. Jordan
Valerie A. Randall
Christopher M. Straw

03:47 Convening of the Meeting by Town Council Chairman James M. "Jamie" Garvin

03:53 Roll Call by the Town Clerk

04:08 The Pledge of Allegiance to the Flag

04:31 Town Council Reports and Correspondence

06:18 Finance Committee Report
Dashboard and Financial Reports as of 6/30/2019

Appropriation Control
Expense Distribution
Revenue Control
Revenue Distribution

08:12 Citizen Opportunity for Discussion of Items Not on the Agenda

36:50 Town Manager's Monthly Report
42:27 Review of Draft Minutes of the meeting held on June 10, 2019.

Presentations

42:45 Peter Monroe & Nina Trowbridge - HR 763 Energy Innovation and Carbon Dividend Act.

Consent Agenda
The town council may consider Item #116-2019 & #117-2019 en bloc.

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

48:38 Item #117-2019          The Good Table Liquor License

The Good Table located at 527 Ocean House Road is seeking a renewal restaurant malt, vinous and spirituous liquor license. No concerns have been reported by police, fire and code enforcement.

49:44 Item #118-2019          CAG Pizza, Inc. DBA Ocean House of Pizza Liquor License

CAG Pizza, Inc. DBA Ocean House Pizza located at 337 Ocean House Road is seeking a renewal restaurant malt, vinous and spirituous liquor license. No concerns have been reported by police, fire and code enforcement.

Draft Motion
ORDERED, the Cape Elizabeth Town Council approves the consent agenda Item #116-2019 The Good Table liquor license and Item #117-2019 CAG Pizza, Inc. DBA Ocean House of Pizza liquor license as presented.

50:28             Item #105-2019 Tabled from June 10, 2019
Draft Motion:
ORDERED, the Cape Elizabeth Town Council takes Item #105-2019 off the table.

50:48 Public Hearing           Draft Comprehensive Plan

Comments shall be limited to three minutes per person; however, the time may be extended by majority vote of councilors present.

51:11 Item #105-2019          Draft Comprehensive Plan

The town council acknowledged receipt of the draft 2019 Comprehensive Plan and approved the review schedule on February 11, 2019.

The town council held four workshops on the draft comprehensive plan; May 8, May 15, May 22 and June 12, 2019.

Public hearings for June 10 and July 8 were set on May 13 and June 10, 2019 respectively.

It is anticipated the town council will vote on the draft comprehensive plan.

53:40 Item #119-2019          Proposed Amendments to Chapter 7 Dogs

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

Link - Ordinance Committee Memo Dated June 20, 2019
Link– Chapter 7 Dogs – Proposed Amendments
Link – Property Management Category Designation Draft
Link – School Campus Property Management Location Map
Link– Dog Ordinance Property Information Map – For Informational Purposes Only

On March 12, 2018 the town council referred to the conservation committee review of the dog ordinance. In a memo to the town council dated October 18, 2018 the conservation committee provided options on the scope of ordinance review. The town council voted on November 14, 2018 to direct the conservation committee to conduct a full review of the ordinance.

At the April 9, 2019 meeting the conservation committee voted (5-0) to recommend amendments to the dog ordinance.

On May 13, 2019 the town council referred amendments to the dog ordinance to the ordinance committee.

The ordinance committee reviewed the amendments on May 28 and June 17. At the June 17 meeting the ordinance committee recommended (3-0) amendments to the town council.

The ordinance committee also recommends the town council discuss the presence of dogs on athletic fields. The ordinance committee notes that the town fee schedule needs to be amended to add an impoundment fee.

The town council may refer to workshop, refer back to the ordinance committee or set a public hearing on the proposed amendments to the dog ordinance, Dog-School Campus Map and Property Management Category Designation. In order to provide time for staff review, it is suggested the town fee schedule be considered at the August 12 town council meeting.

01:08:58            Item #120-2019          Request to Amend Sewer Service Area – 38 Broad Cove Road

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

Randall Weill and Catherine Coughlin are requesting an extension of the sewer service area at
38 Broad Cove Road.

It is recommended the town council refer the request to the planning board for review and recommendation as required in Section 15-1-4 (i). It is anticipated that the planning board would have its' recommendation by the end of August so that the town council could hold a public hearing in September.

Draft Motion
ORDERED, the Cape Elizabeth Town Council refers to the planning board, pursuant to
Section 15-1-4 (i), a request from Randall Weill and Catherine Coughlin to extend the sewer service area to include 38 Broad Cove Road and that a public hearing be held on Monday, September 9, 2019 at 7:00 p.m. at the Cape Elizabeth Town Hall.

01:09:36 Item #121-2019          Memorandum of Understanding for the Maine Reciprocal Borrowing Pilot – Maine State Library

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

On June 20, 2019 the Thomas Memorial Library Committee voted (7-0) to recommend the town
enter into a pilot program where patrons of participating libraries would have reciprocal borrowing
privileges at other participating libraries.

Draft Motion
ORDERED, the Cape Elizabeth Town Council approves the recommendation of the Thomas
Memorial Library Committee to enter into a statewide reciprocal borrowing program, through the
Maine State Library, and authorize the town manager to sign the Memorandum of Understanding for
the Maine Reciprocal Borrow Pilot for a 12-month duration of the pilot until August 31, 2020 as
presented.

01:16:20 Item #122-2019          Discussion of Regional Efforts for Individuals and Families Seeking Asylum

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

During the last few weeks the town council and citizens have been apprised of regional efforts to
help those individuals and families arriving in Portland seeking asylum. The town council will be
updated on any additional information.

02:17:58 Item #123-2019          Amendment and Extension of Lease to Portland Water District for the
                                    Wastewater Treatment Facility on Spurwink Avenue

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 of Cape Elizabeth and Portland Water District (PWD) entered into a lease agreement dated May 1, 1985 for the lease of the Waste Treatment Facility on Spurwink Avenue to expire May 1, 2025. The lease was amended on May 10, 2017 to expand the area leased by PWD.

PWD is performing improvements on the site. Funding requires PWD to have an interest in the property for at least as long as the financing is outstanding – 20 years. A Second Amendment to Lease is now being proposed to extend the lease 30 years to May 1, 2055 and to amend the annual installments paid to the town.

Michael Hill, Moneghan Leahy has reviewed the lease and found the language to be acceptable.

Draft Motioin
ORDERED, the Cape Elizabeth Town Council extends and amends the lease with the Portland Water District entitled Second Amendment to Lease for the Wastewater Treatment Facility on Spurwink Avenue as presented.

02:21:44 Citizens may at this point in the meeting raise any topic that is not on the agenda that pertains
To Cape Elizabeth local government.

02:21:52 Adjournment