The draft Memorandum Of Understanding (MOU) between the Town and the Cape Community Arena Group (CCAG) discussed at the February 8, 2022 Town Council workshop, was not finalized prior to the February 14 Town Council meeting.  Town Manager Matthew Sturgis explained that Town Council feedback provided during the workshop on specific elements of the MOU were forwarded to town attorney Mike Hill for his review.  However, the MOU had not yet been returned to Sturgis in time to be included on the February 14 agenda for a council vote, as anticipated during the workshop.  The CCAG had hoped that the MOU would have been finalized prior to the February 14 meeting in order for the council to authorize the group to begin a site plan review process with the Planning Board.   

In a February 14 morning email from CCAG Board Member Jay Brandeis to the Town Council, Brandeis requested that the council consider making a motion at that evening's meeting that would authorize the group to meet informally with the Planning Board in order to gather requirements for their process as soon as possible.  As well as, to authorize Sturgis and Chair Jeremy Gabrielson to work with the group to finalize the MOU by March 4, and then vote on the MOU at the March 14 Town Council meeting.  Brandeis explained the group's wish to move expeditiously in the email by writing: "Sadly, they [anchor donor] communicated that they can no longer support us if we can't gain access to the Planning Board process this evening and execute our MOU by mid-March.  Likewise, the CCAG team can no longer continue with the project absent this level of commitment."  Gabrielson informed the council that although there was no related action item posted on the agenda that, "any councilor could make a motion" that would satisfy the group's request.

Councilor Timothy Reiniger referenced recent emails the council had received from citizens who raised concerns about locker rooms and the logistics of high school athletics at the proposed arena and asked Brandeis if he could respond.  Brandeis said, "We have spoken with the Athletic Director Jeff [Thoreck] and he is on board.  We are in communication with the MPA [Maine Principals' Association] to make sure the rink would be sanctioned.  The girls and boys hockey teams are on board.  Middle school and high school are front of mine, as well as it being a community resource and that we fully anticipate working with all the teams to make sure they have what they need for locker rooms."

Councilor Penny Jordan responded by saying, "It sounds like the concept design [for the arena] might be influenced by what the MPA requires for high school hockey; also, other design concepts influenced by what other team sports need."  Jordan added, "I had assumed that all of these discussions had already happened before coming to us; that all the parties have already given their input."  Brandeis said that the group would continue to work with all stakeholders to make sure the project fits within the town's realm of acceptance but, "We think we have met with enough stakeholders for this point in the process."  Jordan followed up asking, "Can I assume that the school, teams, and boosters will be involved with the design?"  Brandeis confirmed, "Yes, one hundred percent."

Councilor Nicole Boucher asked that the council approach the proposed arena as if the town itself were looking to submit a bid.  "There are a lot of ideas on the table. My biggest concern about  going to the Planning Board next, is that I see it would appear as if we are going to the board ready to build and that we just need to be sure we are within ordinance," Boucher said.  Furthermore, Boucher added, "I think there are still design elements that probably still need to be decided upon based on the uses the community sees. What does the public want? What other uses are there? Right now I am hearing hockey first; but maybe in a community there are different uses that are first.  I would love to talk about all of those things that we would be talking about if we were going to spend money and bid on this project, and I don't think we have had that discussion yet.  I would love to see that so the design could be influenced by that and then the Planning Board process will go much smoother than trying to decide things at the same time.  I think that this would be a great next step."  Councilor Jordan agreed with Boucher and said, "What hasn't occurred is the engagement of the community.  I hear all these requirements and I haven't seen them physically overlayed on the design.  Until we have what it is that we want to build, going to the Planning Board doesn't make sense."

Councilor Caitlin Jordan wondered if going through the process suggested by Boucher would end up being insignificant given that the group stated in their email that  they wouldn't go forward without receiving authorization to go to the Planning Board by the council that evening.  Jordan asked, "If we go through all of this and they pull the funding because we haven't sent them to the Planning Board, is all that going to be a moot point? How much wiggle room do we have if we can't have the discussion in the next two weeks?" 

Gabrielson asked Town Planner Maureen O'Meara if the group was required to receive authorization from the council in order to begin the site plan review process, ahead of a finalized MOU; "If the group has a discussion with Maureen [O'Meara] about the site plan review process, is that something that needs to be voted on?"  O'Meara confirmed that authorization from the council is mandatory. O'Meara said, "The administrative code says that the council  is suppose to look at the site plan; to be generally comfortable with the site plan you have seen," before brining it to the Planning Board.  Additionally, O'Meara said "Going to the Planning Board is not something that should be taken lightly. It requires an investment of the project's time and technical experts.  In order to get to the workshop it is a very low bar; you need a sketch and a signed application form. I would suggest that you take a little time and look at the site plan that has been provided by the project and decide whether you are ready to  move forward with that."  

Councilor Gretchen Noonan said that although she does not want CCAG to lose their donor support and would be willing to work together in order to move forward efficiently by authorizing the group to go to the Planning Board while also working on the tasks listed on Appendix A of the MOU, "I don't know how I feel about doing that without having anything in writing; without the MOU being finalized."  C. Jordan pointed out that if the council were to authorize the group to begin the site plan review process, "It is likely that we will have something in writing by that time anyway."

Sturgis stated that an MOU is, "critical as far as defining the town's expectations and a good point of reference for both parties."  Gabrielson asked if any council member wanted to make a motion to authorize CCAG to begin the site plan review process with the Planning Board; C. Jordan made the motion and P. Joran seconded it.  With the motion on the table Gabrielson said, "The plan would be for the MOU to be shared with the council and the group, and have an opportunity to review before the March 14 meeting."  Councilor P. Jordan added, "We need to make sure that the MOU is completed within a few days [from now]. We have to take this role very seriously and manage risk; we need to expedite the MOU."  Gabrielson said that he would look to schedule a workshop the first week of March.

The motion passed 5-2, with councilors Boucher and Noonan voting against the motion.