The Town Council held a Special Meeting on Monday, April 7, 2025.  The following is a review of the agenda items.  Councilor Tim Thompson attended the meeting remotely.  

SPECIAL NOTE: Due to technical errors, there is no video recording of this meeting.  Draft minutes will be available with agenda materials for the April 14, 2025 Town Council Meeting.

1. Item #46-2025 Consider Scheduling Town Center Amendments to Referendum; Vote 7-0.

2. Item #47A-2025 School Construction Bond Order Vote Authorizing Expenditures of up to $86,499,993 (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 School and Authorizing Issuance of the Town's General Obligation Bonds Therefor; Vote 4-3.

Councilor Elizabeth Scifres made the motion to approve, which was seconded by Councilor Jonathan Sahrbeck.  Councilor Stephanie Anderson amended the motion to remove all wording including "Critically needed" from the motion; Councilor Tim Thompson seconded the motion. The amended motion failed with a vote of 2 to 5; Anderson and Thompson voted in favor. The original motion passed by a vote of 4-3. Councilors Catilin Harriman, Sahrbeck, Scifres, and Andrew Swayze voted in favor; Councilors Anderson, Thompson and Chair Penny Jordan voted against.

3. Item #47B-2025 Resolution & Recommendation School Construction Project Referendum Order Regarding School Construction Project Referendum; Vote 4-3.

Councilor Caitlin Harriman made the motion to adopt the order inserting a June 10, 2025 referendum date and remove item 2. a. from the vote; Councilor Scifres seconded the vote. The motion passed with a 5-2 vote; Councilors Anderson and Thompson voted against the motion.  

Next, Councilor Harriman made a motion that item 2. a. of the order state, "The Town Council, as the municipal officers of the Town, recommend that the foregoing referendum question be approved."  Councilor Scifres seconded the motion.  Councilor Anderson made an amendment to the motion to include the vote of the Town Council within the order; Councilor Thompson seconded the amendment.  The amended motion failed by a vote of 2-5; with Anderson and Thompson voting in favor.  The council next voted on the original motion relating to language of 2. a. made by Harriman. The motion passed with a 4-3 vote.  Councilors Harriman, Sahrbeck, Scifres, and Swayze voted in favor; Councilors Anderson, Thompson and Jordan voted against.

Pursuant to Title 20-A, §15905-A and Title 30-A, §2528(5)(B) of the Maine Revised Statues, a recommendation from the council must be included in the order.

4. Item #48A-2025 Solar Array Referendum Vote Authorizing Expenditures of up to $1,725,000 in the form of Gifts and Grants to pay for Solar Panels to Enhance the New Cape Elizabeth Middle School; Vote 7-0.

The vote authorized expenditures of up to $1,725,000 in the form of Gifts and Grants to pay for Solar Panels to Enhance the New Cape Elizabeth Middle School.

5. Item #48B-2025 Resolution & Recommendation Solar Array Project Referendum Order Regarding Solar Project Referendum on Tuesday, June 10, 2025; Vote 7-0.

The vote authorizes the referendum to be held on June 10, 2025 and includes a recommendation within 2. a. of the order that "The Town Council, as the municipal officers of the Town, recommend that the foregoing referendum question be approved."  The motion passed unanimously.

6. Item #49-2025 Election Warrant - June 10, 2025; Vote 7-0.

The Town Council unanimously approved the Election Warrant of June 10, 2025. The warrant includes the School Budget Validation Referendum Election Warrant and the Town Center amendments.

The question of approving the school budget is provided in state law. State law requires every three years for the voters to decide whether to continue the budget validation referendum process. The non-binding expression of opinion is not required by law however was added by the council in the early years of the school budget going to voters.

The Election Warrant will include the citizen-driven referendum on the Town Center Zoning Amendments and ask voters, "Shall amendments to Section 19-6-4 (Town Center District) of the Zoning Ordinance, approved by the Town Council on February 10, 2025, be enacted to allow:

h. Multifamily housing located 125’ or more from a public road right-of way. The addition of multifamily housing in the Town Center supports village vitality and town center businesses by encouraging workforce housing and a customer base in close proximity to local businesses. This section shall apply to a building located at least one hundred twenty-five feet (125’) from a public road right-of-way. Multifamily housing subject to review under this section may substitute the applicable provisions in Sec. 19-6-4(D) Standards with the following: 

1. Maximum Number of dwelling units per area: 1 unit per 1,500 sq. ft 

2. Maximum Building Footprint: 12,000 sq. ft.

3. Maximum Building Height: 50 ft. 

4. The multifamily building shall not be required to include non residential uses. 

5. Minimum roof pitch: 4:12 

6. Openings: When the first floor use is residential, the first floor openings to wall space ratio shall be a minimum twenty-five percent (25%) openings to wall space ratio. 

7. One or more residential units on a property with a non-residential use operating in a separate building on the same lot may be considered a multifamily building?