Cape Elizabeth Town Council Agenda

Monday, August 12, 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

02:25 Convening of the Meeting by Town Council Chairman James M. "Jamie" Garvin

02:31 Roll Call by the Town Clerk

02:53 The Pledge of Allegiance to the Flag

03:15 Town Council Reports and Correspondence

08:37 Finance Committee Report

Dashboard and Financial Reports as of 7/31/2019

• Appropriation Control
• Expense Distribution
• Revenue Control
• Revenue Distribution

11:51 Citizen Opportunity for Discussion of Items Not on the Agenda

19:41 Town Manager's Monthly Report

24:17 Review of Draft Minutes of the meeting held on July 8, 2019 for the executive session and regular meeting.

24:33 Item #124-2019 Well LLC DBA The Well at Jordan's Farm Liquor License

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

The Well at Jordan' Farm, 19 Wells 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 renewal restaurant malt, vinous and
spirituous liquor license for Well LLC DBA The Well at Jordan's Farm, 19 Wells Road as presented.

25:31 Public Hearing Proposed Amendments to Chapter 7 Dogs

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

40:27 Item #125-2019 Proposed Amendments to Chapter 7 Dogs

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 recommended the town council discuss the presence of dogs on athletic fields. The ordinance committee noted that the town fee schedule needs to be amended to add an impoundment fee.
On July 8, 2019 the town council set the proposed amendments which include all athletic fields as Category 1 No dogs (none) on the Property Management Category Designation to public hearing on August 12, anticipating a vote on September 9.

50:03 Item #126-2019 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.)

Link – Request to Amend Sewer Service Area
Link – Town Planner's Memo Dated July 31, 2019
Randall Weill and Catherine Coughlin are requesting an extension of the sewer service area at
38 Broad Cove Road.
On July 8, 2019 the town council referred the request to the planning board pursuant to
Section 15-1-4 (i).
On July 16, 2019 Mr. Weill appeared before the planning board. At the workshop the planning board voted to hold a public hearing on August 20, 2019.
In anticipation of a planning board vote on August 20, the town council may want to consider scheduling a public hearing on September 9.

51:02 Item #127-2019 Acceptance of Shore and Harbor Planning Grant Award

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

Link – Service Contract and Sebago Technics Proposal Dated March 8, 2019 Re: Kettle Cove Road
Boat Launch – Surveying and Engineering Support Services
In the spring of 2019 grants were made available through the Shore and Harbor Planning Grant Program, which is managed by the Maine Coastal Program, Department of Marine Resources for the planning and design of facilities and improvements for public and working access; funding cannot be used for construction.
The Harbors Committee Report dated April 30, 2018 included a recommendation to establish a new public boat access at the end of Kettle Cove Road. The new public boat access would be relocated to a historical boat launching facility further northwest off Kettle Cove Road.
On May 6, 2019 the town council authorized staff to apply for the grants. The grant program caps awards at $30,000 and requires a minimum 25% match, which can be a cash and/or in-kind match. The Shore and Harbor Planning Grant review committee has recommended a grant award of $13,750 for the Kettle Cove Access Grant project.

Draft Motion

ORDERED, the Cape Elizabeth Town Council accepts the $13,750 grant award from the Shore and
Harbor Planning Grant Program for the Kettle Cove Access Grant project and authorizes the town manager to sign the service contract as presented.

53:22 Item #128-2019 Proposed Carry Forward Balances

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

Draft Motion:

A. Authorize the carrying forward $ 209,400 of FY 2019 General Fund operating department budget balances into FY 2020:

TOTAL $ 209,400

B. Authorize the carrying forward $ 2,440,015 of FY 2019 Capital Projects and Equipment budget balances into FY 2020:

y. 715-5400 – Ladder Truck 1,060,000 z. 715-5410 – FWP Central lot transfer to 715-4009 25,000 aa. 715-5410 – FWP Central lot transfer to 310-2039 5,000
TOTAL $ 2,440,015

C. Authorize the carrying forward $ 9,500 of FY 2019 Grants and Gifts budget balances into FY 2020:

a. 725-4227 – Fuel Donation Account $ 3,500 b. 725-4460 – Sawyer Road Culvert Study 6,000
TOTAL $ 9,500

D. Authorize the carrying forward $ 10,000 of FY 2019 Ambulance/Rescue Fund budget balances into

FY 2020 for minor equipment (735-3005).

E. Authorize the carrying forward $ 77,500 of FY 2019 Sewer Fund budget balances into FY 2020 budget for Ottawa Road CSO (815-4016).

F. Authorize the carrying forward $ 4,300 of FY 2019 Riverside Cemetery budget balances into

FY 2020 budget for Outlay (860-4001).

G. Authorize the carrying forward $ 35,000 of FY 2019 Fort Williams Park Capital Improvement Fund budget balances into FY 2020:

a. 865-4016 – Interpretive Signs Replace $ 8,000 b. 865-4021 – Pedestrian Improvements 12,000 c. 865-4031 – Overflow Parking ADA Parking 15,000
TOTAL $ 35,000

H. Authorize the continuing appropriation of $100,000 Sidewalk – MDOT Route 77 (715-5338) which is being funded by a $75,000 grant through Maine Department of Transportation which have yet to be received and $25,000 of local funds which have yet to be appropriated. This authorization shall continue until the project is completed or is abandoned.

I. Ordered that appropriations for capital improvement projects shall continue beyond the fiscal year in which the funds are initially appropriated by the Town Council or any subsequent appropriations until the project is completed or abandoned. The CIP appropriations shall not lapse at fiscal year-end requiring carry forward authorization.

J. Ordered that appropriations for grant projects shall continue beyond the fiscal year in which the fund are initially appropriated by the Town Council or any subsequent appropriations until the grant project is completed or abandoned. The grant appropriations shall not lapse at fiscal year-end requiring carry forward authorization.

56:44 Item #129-2019 Spirit of America Award

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

The Spirit of America Award was created by the Spirit of America Foundation to encourage volunteerism in communities. On April 8, 2019, Bruce Flaherty, President of Maine Spirit of America provided an overview of the recognition program for volunteerism and announced that nominations were available.
The Town Manager is recommending to the Town Council to award the 2019 Spirit of America
Award to the Pond Cove Parents Association Playground Committee.
This committee has worked tirelessly to raise donations, mobilize volunteers, and facilitate the planning and design of the renovations of the Pond Cove Elementary School Playground. These dedicated committee members along with Town and School staff are great examples of the power and success of volunteerism.

59:31 Item #130-2019 MMA Voting Ballot

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

Each year member municipalities have an opportunity to vote on the election of the proposed MMA Vice President and municipal officials to serve on the MMA Executive Committee. The MMA Nominating Committee completed the task of interviewing and qualifying officials interested in serving in these capacities and put forth a slate of officers for 2020.

Draft Motion

ORDERED, the Cape Elizabeth Town Council approves the MMA Voting Ballot for 2020 as
proposed.

01:00:31 Citizens may at this point in the meeting raise any topic that is not on the agenda that pertains to Cape Elizabeth local government.

01:00:37 Adjournment