08/26/09
Council votes down funding for town-center traffic light, intersection improvements
At a special meeting Aug. 26, 2009, town councilors voted to turn down nearly $365,000 in federal and state funding for a full traffic light and improvements to the intersection at Shore, Scott Dyer and Ocean House roads.
After an hour and half of discussion, including input from the public, the council voted to terminate the Maine Department of Transportation's design of proposed improvements to the intersection at the center of town, and to notify the Portland Area Comprehensive Transportation Committee that Cape Elizabeth declines a $363,566 grant for those improvements.
And, just to make things clear, the council voted twice.
The first motion, defeated 4-3, was to accept the funding and to move ahead with bidding for the project, last estimated to cost nearly $1.1 million. The balance of the cost outside of PACTS funding would have been paid for with local bond money and road-improvement funds.
Councilor David Sherman had moved to accept the funding, but it was overruled by votes from councilors Anne Swift-Kayatta, David Backer, Sara Lennon and Penny Jordan. Councilor Paul McKenney voted for the project, as did council Chairman Jim Rowe.
A second motion, formally directing the town manager to inform the state and the regional transportation committee that Cape Elizabeth does not want the grant, passed by a vote of 5-2, with McKenney and Sherman opposed.
Rowe, in the minority on the first vote, said that he favored the light and proposed intersection improvements as a matter of conscience.
"It's the only conscience I've ever been given and I'm not sure I have to apologize for it," he said.. He said he believed the intent of a red light is to improve the level of service at the intersection, to increase safety, and to make drivers accountable for their own actions.
The intersection at the town center has been the topic of public debate since 1968, Rowe said, when a pedestrian crossing was first proposed. It's been a part of town culture and the political landscape ever since, and the subject of professional studies in 1984, 1990, 1999 and 2003, he said. The studies have given the intersection an "F" rating for level of service, but have not cited safety as a warrant for the proposed light.
"The situation has not improved on its own, nor do I believe it will improve without some serious help," Rowe said. "Now is the time to act. I believe it is the right thing to do, if not the popular thing," he said.
McKenney also said he believed moving forward with the light was the right thing to do. "Eventually we will have significant injuries and death if we don't do something, in my opinion," he said. The proposal for a traffic light and intersection improvements would improve safety for pedestrians, cyclists and motorists, as well as move the town closer to the "village feel" outlined in the town's comprehensive plan, McKenney said.
The three councilors who supported the light also said they believed plans for improvements to the library, located near the intersection, will one day necessitate a traffic light at the town center, and that the current economic climate is favorable for such an investment.
The majority of councilors, however, also cited the economy as their primary reason for voting the project down.
Councilor David Backer said the town has a long list of capital projects - buildings, vehicles and roads - that have been deferred year after budget year. "We all could create a long list of places where we could spend that $700,000 where we probably could get a much better return on our investment than reconfiguring that intersection today," Backer said.
Anne Swift-Kayatta, who voted against accepting the PACTS grant in 2004, also cited cost as the most overwhelming factor.
"I do not feel that it would be fiscally prudent in this economic climate to go forward with this project, and thus I will be voting against," she said. She said if the intersection proved to be a clear danger she would be inclined to support a light, but considering existing and possible future stresses on the town budget, she would instead be willing to continue looking for less expensive and less intrusive ways to control traffic.
Several traffic-calming measures have been tried in the town center in recent months, including increased signage and orange safety flags for pedestrians to carry when crossing the street.
A committee of four citizens, led by Councilor Sara Lennon, will begin meeting to review the effectiveness of those measures. The committee may try to have its charge expanded to look further into creative traffic-calming measures for the intersection.
The final council vote reflected public opinion against the light, expressed through emails, at a public hearing last November, and during 15 minutes when the council took up the agenda item Aug. 26.
According to council rules, speakers were limited to three minutes each, for a total of no more than 15 minutes. Of six speakers, two supported the improvements. Two of the six speakers also called for a referendum vote on the project.
The council's vote Aug. 26 also directed the town manager to expend not more than $25,000 from a 2008 bond earmarked for capital improvements to reimburse the state Department of Transportation for design costs to date.
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