Town Council Meeting Report

At the July 17, 2023 Town Council meeting, the council voted on the agenda items listed below.  All members of the council were present.


1.  Approval of Draft Minutes for June 12, 2023 Regular Meeting; 7-0 vote.

2.  Consent Calendar Items #95-2023 - #97-2023;  Councilor Nicole Boucher requested that item 97-2023 be removed.
Item #95-2023:  Inn by the Sea Liquor License and Special Amusement Permit Renewal
Item #96-2023:  Transfer of CIP Projects Funds for the Town Center Fire Station Floor.
Item #97-2023:  Recommendation from the Fort Williams Park Committee Regarding Fort Williams

3.  Approval of Consent Calendar Items #95-2023 - #96-2023; 7-0 vote.
Item #95-2023:  Inn by the Sea Liquor License and Special Amusement Permit Renewal
Item #96-2023:  Transfer of CIP Projects Funds in the amount of $24,529.30 for the resurfacing of the Town Center Fire Station Floor and the transfer out of $6,529,30 from the FD Firehose Brickwork in the amount and transfer out of $18,000 from CC Rental Building Repairs.  At the end of this fiscal year, these three projects will be closed and any unspent appropriations returned to the General Fund.

4.  Approval of Item #97-2023 Recommendation from the Fort Williams Park Committee Regarding Fort Williams; 7-0 vote.
On June 15, 2023 the Fort Williams Park Committee voted (4-0) to submit to the Town Council a request to allocate funds for Bernstein, Shut to complete a review of the current legal status for Fort Williams Park and provide recommendations on how to preserve the park in perpetuity.  Kathy Raftice, Director of Fort Williams Park, said that funding is available in miscellaneous funds, but will not be needed given the Town's new legal services contract.

5.  Item # 98-2023 Proposed Amendments to Chapter 19 Zoning Ordinance to Comply with LD 2003; 7-0 vote to refer amendments back to Ordinance Committee.
Following a Public Hearing in which over 20 people provided comments to the Town Council, Councilor Penny Jordan made a motion to refer the proposed amendments back to the Ordinance Committee; Councilor Caitlin Jordan seconded the motion and all councilors voted unanimously in favor of the motion.  P. Jordan said that she had taken away three key points from the public hearing which she would like the Ordinance Committee to address: Accessory dwelling units and possible unintended consequences; the consideration to hold an additional public forum presenting only the amendments meeting what is required; and to clarify misunderstandings and improve communication around single family homes being torn down and replaced by multifamily units.  

"What disheartens me," P. Jordan said, "Is that there are people in this room [council chambers] who would like to build ADU; to wait from now until January might be a little bit challenging."

6.  Approval of Item #99-2023 New Policy for the Thomas Memorial Library - Complaints Policy; 7-0 vote.
The Thomas Memorial Library Committee voted 7-0 on June 14, 2023 to recommend a revision to the library's Complaints Policy to the Town Council.

7.  Approval of Item #100-2023 Refer to Public Hearing Proposed Amendments to Chapter 7 Dogs: 7-0 vote.
The council unanimously approved sending Chapter 7 Dogs amendments to a public hearing for Monday, August 14, 2023.  On

May 8, Police Chief Paul Fenton provided a recommendation to the Council from the Animal Control Officer Maggie Maxwell to amend Chapter 7 Dogs so that the first violation provision of the ordinance is streamlined and de-escalates enforcement notification.  The council voted to send to the Ordinance Committee, which voted 2-0 on June 8, to recommend that the ordinance be revised to allow notification to be in person or in writing.

8.  Approval of Item #101-2023 Renewal of the Spurwink Rod & Gun Club License; 7-0 vote.
The council unanimously approved Chief Paul Fenton's recommendation to grant the Spurwink Rod & Gun Club, located at 1250 Sawyer Road, a three-year license renewal.

9.  Item #102-2023 Request for Reconsideration on Item #92-2023 6/12/2023 Proposed Bond Order to Fund the Costs of Design & Engineering for the School Project; NO VOTES
Councilor Susan Gillis, who voted on the prevailing side of item #92-2023 from the June 12 council meeting, requested a reconsideration of this item and made a motion to reconsider.  Councilor Timothy Reiniger seconded the motion, but later withdrew because,  "Based on the bond counsel, this could risk business damage to the Town."  No other councilors seconded Gillis' motion and therefore no motion was eligible for a vote.

10.  Approval of Item #103-2023 to Enter into Executive Session - Update on Pending Litigation  Relating to Code Violations at The Lumbery, 287 Ocean House Road; 7-0 vote.
Following public comment, the council voted to enter into Executive Session to receive an update from the Town attorney on pending litigation relating to code violations at The Lumbery.  Chair Jeremy Gabrielson prefaced the vote by saying he did not anticipate a motion would posed during the session and informed the public that the council would begin reviewing possible amendments to the Zoning Ordinance with focus on site plan requirements for town center business.

11.  Approval of Motion as written below, following Executive Session; 7-0 vote.
Upon the conclusion of the Executive Session, the councilors returned to their regular meeting whereby Chair Gabrielson read the following motion crafted during the Executive Session, which was consequently seconded by Councilor Gretchen Noonan:

"The Town Council directs the Town attorney to pursue a consent decree to settle the enforcement action with The Lumbery to bring the property into compliance.  In the event the site plan amendments will require ordinance amendments, we direct the Town attorney to provide draft ordinance amendments for our consideration.  If we are able to reach an agreement with The Lumbery, we will not seek any fines or fees.  We ask that the Town attorney report back on progress in 30 days."
 
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