Town Council Meeting Report

At the July 8, 2024 Town Council meeting, the council voted on the agenda items listed below.    All councilors were in attendance. 


1.  Approval of Draft Minutes for Regular Meeting on June 10; 7-0 vote.

2.  Consent Calendar Item #116-2024 - Item #117-2024; 7-0 vote.
Item #116-2024 Acceptance of the 2024 Project Canopy Grant in the amount of $10,000
Item #117-2024 Acknowledge Receipt of the 2024 Annual Inspection for the Spurwink Rod & Gun Club

3.  Public Hearing - Amendments to Chapter 13 Traffic Regulations Relating to Dyer Pond Road
One speaker suggested to try testing the changes to parking restrictions, rather than changing ordinances from the onset. Another speaker cautioned that the amendments might set a precedent which might be replicated in other areas that have even higher traffic flow.  A third speaker suggested considering pay for parking on some streets.

4.  Item #118-2024 Consider Amendments to Chapter 13 Traffic Regulations Relating to Dyer Pond Road; 7-0 vote.
In response to public comments, Councilor Stephanie Anderson, Chair of the Ordinance Committee, clarified that the recommendations were made as a result of this particular street posing safety concerns and not because of the number of cars.  "The concern was if you had anybody parked on the side of the road, it would cause a safety problem to any child coming down on a bike," Anderson gave as an example.  The structure of the road does not lend itself to safe parking. options.  The approved amendments to Chapter 13 Traffic Regulations directs the Public Works Department to construct 5 parking spots on the north side of Dyer Pond Road near the Greenbelt trailhead;  to prohibit street parking on the entire south side of Dyer Pond Road; and to post no parking on the north side where the road curves.

5.  Item #119-2024 Consider a Request from Chair Reiniger to Schedule a Public Hearing for a Bond Amount of $42M for the School Project; 4-3 vote.
Chair Timothy Reiniger requested that a public hearing be set for July 29, 2024 for a bond amount of $42 million for the School Project, "The $42 million
reflects a process developed with the School Building Advisory Committee and discussions that started in January [2024] withHarriman architects, Identifying in great detail the needed critical repairs to the elementary school, middle school and the high school. They discussed specific numbers of $36.5 million," Reiniger said.  He explained that the request supports guaranteeing a minimum dollar amount, "To fix the schools, which is our ultimate responsibility to protect the assets of the town."  Councilor Susan Gillis made the motion to send the item to a public hearing on July 29, "Let the public tell us what they think about this.  We know what they think about the $89 million [the school's supported proposal]."  Councilor Timothy Thompson seconded.

Councilor Penny Jordan said, "If this $42 million referendum would be what is put forward to the the town, it would be a travesty for our schools; on a longterm basis.  What I keep hearing is that $89 million seemed to be an okay number and now what I hear is, 'why do they need a new school?'"  Councilor Caitlin Jordan Harriman asked if the intent is to send $42 million to referendum or to determine what the public wants.  "The public needs to know now what they need to do convince you that they want the $89 million to go to referendum," Harriman said.

"I have believed that the worst thing we can do is have another failed bond. I don't want another failed bond," Councilor Anderson said. In response to Harriman's question, Anderson explained that she needs to know that the $89.9 million is an accurate figure and represents a true cost to the taxpayers. In particular, will the estimated $4.8 million to restore the 1934 school building will fall on the taxpayers. In addition, Anderson wants to know that essential needs for CIP in the 9.2 can be met on a budget neutral basis.

Councilor Jeremy Gabrielson said that he would not support sending the request to public hearing, "I remember sitting through a presentation jointly with the school board recently where we went through a very detailed proposal which was not included with this request for a public hearing on $42 million.  This is not a proposal that has anywhere near the detail or level that I would need to move forward to public hearing."

Councilors Anderson, Gillis, Reiniger, and Thompson voted in favor of the motion; councilors Gabrielson, Harriman, and Jordan voted against.

6.  Item #120-2024 Consider a Resolution from the School Board to Put Forward the Middle Ground School Project Design With a Total Cost of $89.9M was amended to include $4.8 million for the stabilization of the 1934 building; 4-3 vote on amendment.  Motion to send School Board resolution to a public hearing on July 29 as amended; 7-0 vote. 
Chair Reiniger said that he would be interested in making an amendment to the motion to include $4.8 million for repairing the 1934 building so that it can be discussed at the July 29 public hearing.  Anderson said that given her desire to know the total impact to taxpayers, she would move to amend the motion to include $4.8 million, "To keep the option open."  Councilor Susan Gillis seconded the amendment.

Councilor Gabrielson said he found the amendment premature; "Anything that happens with the 1934 building is at least a couple of years down the road. There are mulitiple options to choosing what to do with the building and multiple options for how we would finance it." Councilor Jordan concurred and added if the council's wish is not to demolish the 1934 building, "Then we need to put a process in place to determine what it's going to become and to determine funding in order to make it happen." The vote on the amendment passed 4-3, with councilors Gabrielson, Harriman, and Jordan voting against.  

Interim Town Manager said that information regarding the 1934 building will be gathered for the council, but that the town's bond council must also be consulted. "School bonds or projects involving schools have a whole different set of rules on state law than a municipal project," and that the 1934 building restoration amount may have to be a separate vote from the school bond to avoid all complications.

The original motion as amended, passed unanimously.

7.  Item #121-2024 Report on Town Center Intersection Alternatives Evaluation and motion to send report to a public forum on August 21, 2024 at 6:00 p.m.; 7-0 vote.
Sebago Technics was retained by the town to complete additional analysis associated with the Town Center Intersection Improvements Project at Ocean House Road (Route 77) following a March 11, 2024 presentation of one recommendation.  At the March 11 meeting, both the council and the public requested additional traffic analysis and traffic recommendations.

At the July 8 meeting, Nikki Conant of Sebago Technics, provided the council with a presentation on additional options.  Three additional designs were presented: A roundabout at Scott Dyer Road; A roundabout at Shore Road; and a "peanut roundabout" at the entire intersections.  Scope of work, impacts, and projected costs were presented.

The council voted unanimously to send the report to a public forum on Wednesday, August 21 at 6:00 p.m. in the lower level conference room.  Recommendations following the public forum will be forwarded to the council for a vote on September 9.

8.  Added vote to allow the council to discuss further agenda items beyond 10:00 p.m.; 7-0 vote.
Town Council is required to vote on discussing agenda items that have not been reached prior to 10:00 p.m.

9. Vote to Take Item #59-2024 Off the Table from March 11, 2024; 4-3 vote.
On March 11, 2024 the Town Council voted to table Item #59-2024 Request from Councilor Thompson Regarding Legal Fee Reimbursement to the Lumbery to June 10.  The item was not on the June agenda due to the uncertainty of whether Councilor Thompson would be in attendance.
Councilors Gabrielson, Harriman, and Jordan voted against the motion.

10.  Item #59-2024 Request from Councilor Thompson Regarding Legal Fee Reimbursement to the Lumbery; as amended the motion failed with a 3-4 vote.
Councilor Thompson made an amendment to offer a "middle of the road" agreement to provide Michael Friedman of the Lumbery, 50% reimbursement and an agreement from Friedland to take no further legal action.  The amount proposed would be $4,750.  Councilor Jordan asked why a waiver would be required, if there was not a lawsuit against the town.  Town Manager McGovern said, "It's natural evolution of things that parties would sign a waiver that they'll take no further action based on an earlier dispute, once a dispute has been resolved."

Councilor Anderson made a further amendment to include that any agreement include a clause absolving the town from any liability and Councilor Thompson accepted the amendment.

The motion as amended failed by a vote of 3-4. Councilors Gabrielson, Gillis, Harriman, and Jordan voted against the motion; councilors Anderson, Reiniger, and Thompson voted in favor.

11. Item #122-2024 Expiration of Hockey Rink Memorandum of Understanding and Guidance on Renewal; 7-0 vote.
After two successful years of operation under the original MOU, Town Council voted unanimously to request the Town Manager to work with the Cape Community Group on a successor agreement for the ice arena at Gull Crest with the final draft of the Memorandum of Understanding being submitted to the Town Council for approval.  

12.  Item #123-2024 Update on Outdoor Basketball Court and motion to Zero in on one potential site, reconfirm costs and permitting issues and financing options for a new outdoor basketball court; 6-0 vote.
On June 10, 2024, Cape HOOPS presented a request for an outdoor basketball court.  Following further review, Interim Town Manager provided options for consideration.  The council voted 6-0 in favor of locating a potential site for a basketball court, reconfirm costs and permitting issues and financing options for a new outdoor basketball court.

Councilor Thompson was not present for the vote.

13. Item #124-2024 Consider a Recommendation from the Ordinance Committee for a Traffic Engineer Parking Study on Streets Adjacent to Shore Road Near Cliff House Beach; 7-0 vote via roll call.
The Town Council voted in favor of authorizing the request of the Ordinance Committee for a Traffic Engineering study of the streets adjacent to Shore Road area near Cliff House Beach.  Councilor Thompson participated in the vote remotely and the vote was taken via roll call.

14. Item #125-2024 Consider a Proposal to Update the Senior Tax Relief Program for Referral to the Ordinance Committee; 7-0 vote via roll call.
The Town Council adopted a Senior Citizen Tax Relief Program in early 2019.  No changes have been made since going into effect. The council voted unanimously to refer to the Ordinance Committee Chapter 27 Property Tax Assistance Ordinance to review possible changes to the ordinance.

15. Item #126-2024 Consider an Update of the Town Administrative Code to Set in Motion Hiring of IT Coordinator

and Public Communications Coordinator; vote 7-0 via roll call.

The council voted unanimously in favor of approving the proposed amendments to update Chapter 2 Administrative Code as recommended by the Interim Town Manager McGovern.  Among the updates these set into motion the hiring of an IT Coordinator and Public Communications Coordinator approved in the FY 2025 budget.  Said changes are effective immediately.

16.  Item #127-2024 Enter into Executive Session to Discuss Land Acquisition/Disposition Matters; 7-0 vote via roll call.

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