Published on August 13, 2024
At the August 12, 2024, Town Council meeting, the council voted on the agenda items listed below. All councilors were in attendance.
| 1. Approval of Draft Minutes for July 8, 2024 Regular Meeting; July 16, 24, & 25 Workshop Notes; and July 29 Special Meeting; 7-0 vote. |
| 2. Motion to Approve Item #128A-2024 Proposed School Construction Project in the amount of $94.7M; 7-0 vote |
| Councilor Susan Gillis made the motion to authorize expenditures of up to $94.7 million (plus Bond Premium and Investment Earnings) for "A Critically Needed New Middle School and for Other Critically Needed Building Repairs and Renovations and Safety Upgrades to Pond Cove Elementary and Cape Elizabeth High School, and the 1934 Building on the Cape Elizabeth Middle School Campus, and Authorizing Issuance of the Town's General Obligation Bonds." Councilor Stephanie Anderson seconded the motion. The total amount includes the School Board-approved $89.9 million school project and a Town Council directive to incorporate an additional $4.8 million for the renovation of the 1930s building. Councilors Penny Jordan, Caitlin Harriman, and Jeremy Gabrielson urged the council to vote on the two amounts separately, noting the lack of clarity regarding the town's intention to either preserve or demolish the building. Councilor Timothy Thompson said that including the amount now would avoid having to return to the voters in the future once a path for the 1930s building is determined. Bound Counsel Jim Saffian clarified that should the $94.7 million project be approved by the voters on November 5, 2024, the $4.8 million for the 1930s building would not be issued until there is in fact a project behind it. A successful referendum would authorize the dollar amount and, "Typically, wouldn't issue the actual debt until you had a project." |
| 3. Motion to Send to Referendum Item #128B-2024 Proposed School Construction Project in the amount $94.7 as Amended; 7-0 vote. |
Councilor Harriman moved to approve the original motion, which stated that the Town Council recommends sending the $94.7 million project to a referendum. Jordan seconded the motion. Without further discussion, Harriman made a subsidiary motion to call the question, effectively ending debate. Chair Timothy Reiniger then asked the council for confirmation on the motion or a proposal to amend it. Seeing none, Reiniger proposed an amendment to state that the Town Council does not recommend the bond be approved. However, the council first voted on Harriman's motion to call the question, which passed by a 4-3 vote, with councilors Harriman, Jordan, Anderson, and Gabrielson in favor. Following this, the original motion, which recommended the bond referendum, failed by a 4-3 vote, with councilors Anderson, Gillis, Reiniger, and Thompson voting against it. Anderson then proposed an amendment to have the referendum indicate that the Town Council does not recommend approval of the bond amount, which Gillis seconded. Gabrielson suggested a friendly amendment to include the Town Council's vote on the motion in the referendum, which Harriman seconded. Anderson accepted the friendly amendment. The council voted 4-3 in favor of the amendments, with councilors Gabrielson, Harriman, and Jordan opposed. Finally, the council voted unanimously, 7-0, to send the amended referendum to the voters. The referendum will now indicate that the Town Council does not recommend approval of the $94.7 million project by a 4-3 vote. Additionally, the Town Clerk is authorized to include the School Board's position on the bond amount in the referendum. |
| 4. Motion to approve Item #129A-2024 Proposed School Renovation Project in the Amount of $42M; motion fails 3-4 vote. |
| Gillis made the motion to approve the motion; Thompson seconded. Anderson expressed her reluctance to have voters choose between two projects. "The School Board is determined to have a new middle school," Anderson said. "We can see if the voters agree." She suggested that placing only one project on the ballot would help clarify the voters' preferences. The motion failed by a vote of 3-4; councilors Gillis, Reiniger, and Thompson voted in favor of the defeated motion. |
| 5. Item #129B-2024 Proposed School Renovation Project Submitting to Referendum $42M; No Vote Required |
| Since the $42 million proposed school renovation project was not approved, a referendum vote on November 5, 2024, is no longer required |
| 6. Motion to Suspend Council Rules and Continue Meeting Beyond 10:00 p.m.; 7-0 vote. |
| 7. Motion to Approve Item #130A-2024 Proposed Solar Project to Enhance the New Cape Elizabeth Middle School and Submitting to Referendum $1.65M; 7-0 vote. |
| The council voted unanimously in favor of authorizing expenditures of up to $1.65 million in the form of Gifts and Grants to pay for Solar Panels to Enhance Cape Elizabeth Middle School. Jordan and Thompson indicated that they would like to see the School Department work towards a "bigger solution" regarding energy reduction within Cape Elizabeth alongside the Energy Committee's development of a Climate Action Plan. |
| 8. Motion to Approve Submitting Item #130B-2024 Proposed Solar Project to Enhance the New Cape Elizabeth Middle School to Referendum $1.65M on November 5, 2024; 7-0 vote. |
| 9. Item #131-2024 Motion to Authorize Town Manager to Sign a Proposed MOU with the Cape Community Arena Group for the Hockey Rink at Gull Crest; 7-0 vote. |
| The Town Council voted unanimously in favor of authorizing Interim Town Manager Mike McGovern to sign a successor MOU with the Cape Community Arena group for a new two-year agreement for the facility at the Gull Crest Property. McGovern said that the new MOU is essentially a duplicate of the first, with the addition of extra seating. |
| 10. Motion to Refer Item #132-2024 to the Planning Board and the Ordinance Committee, Requested Zoning Ordinance Amendments to the Town Center; 7-0 vote. |
| The council voted unanimously in favor of referring to the Planning Board, and ultimately the Ordinance Committee, requested Zoning Ordinance Amendments to the Town Center as requested by a Bob Gaudreau of HardyPond Development Company. Gaudreau has an option to purchase Ocean House Common Lots 3 and 4 to develop 33 residential unit apartments for people 55-years and older. The council's position was favorable, showing a desire for efficiency by amending the motion to have the Planning Board send the amendments directly to the Ordinance Committee after completing their review. following the Planning Board's review process. |
| 11. Motion to Move Items #133-2024 through #135-2024 to a Previously Scheduled Town Council Special Meeting on August 19, 2024; 7-0 vote. |
The following items were moved from the August 12, 2024 Town Council Agenda to the Monday, August 19 Town Council Special Meeting:
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