Referendum seeks voter approval to build new middle school

By Ed Pierce

With Election Day nearing on Nov. 7, a referendum is asking voters in the towns of Windham and Raymond to approve a proposal to construct the proposed Windham/Raymond Middle School at 61 Windham Center Road in Windham.

A referendum seeking approval for RSU 14's proposed new
Windham/Raymond Middle School will be before voters
on Nov. 7. Clockwise are sketches of the school's outdoor
learning area, front entrance, a classroom and a
team-teaching area. SUBMITTED PHOTOS

The total cost of the new school is estimated to be $171,563,889 and the state of Maine would pick up $131,725 million, or 76.8 percent of that amount. That leaves 23.20 percent, or about $31,870,755 remaining with voters in Windham asked to OK gradually funding 80 percent of what’s left or $25,496 million. Raymond voters will be asked to approve gradually funding 20 percent of the remaining cost or about $6,374 million.

RSU 14 Superintendent Christopher Howell said that if the referendum passes, the school district is anticipating that the Windham/Raymond Middle School project will be financed through either two or three separate bonds during construction.

“The stair step approach to financing will provide a gradual increase to the mil rate in both communities,” Howell said. “With updated interest rates, we are anticipating a 28-cent increase in the first year in Windham and a 33-cent increase in Raymond. In the second year, it would roughly increase an additional 41 cents in Windham and 19 cents in Raymond. This is assuming that town valuations remain the same. If three bonds are issued, the steps towards the final mil impact would take place over three years and not two.”

Howell said the district is seeking voter support because both Windham Middle School and Jordan-Small Middle School are older schools and are both in need of significant upgrades in continue to be used as educational facilities into the future.

“The district has the opportunity to develop a new campus with a new energy efficient and secure building that will cost the local taxpayers far less than a renovation project in both buildings. The opportunity is being provided by the Major Capital Construction Program run by the Department of Education,” he said. “Seventy-four schools were rated by the Maine DOE in 2018 and were placed on a priority list that is based on need. Windham Middle School scored fifth on the list. The high rating for WMS was due to several factors that included structural issues in the roofing system of the classroom wing, outdated/inadequate electrical and HVAC systems, and that the building is undersized with one-third of the student population and several applied arts programs taking place in a separate building.”

According to Howell, besides addressing the shortcomings in the current facilities, the project will also help to address areas of programming that are currently lacking in both buildings.

“This will include a science lab for each science teacher, project spaces for students, classroom spaces for academic interventions and special education, increased safety and security for students and employees, classrooms that meet state requirements for minimum size, adequately equipped technology classroom and art rooms, music and performing arts spaces that match current programming, and additional play and competition space outdoors,” he said. “Outside of the direct impact to the middle level, the change in grade configuration will provide the opportunity for the district to provide universal Pre-k for any families that are interested in accessing this service. The facility will be an asset for both communities in the spaces that are provided. The project includes walking trails as well as access to the neighboring Pringle Preserve. The large gym and auxiliary gym spaces provided by that state will provide additional play spaces for youth and adult sports including an indoor walking track for community use outside of school hours. Lastly, the project includes an auditorium that will be accessed by students participating in the performing arts as well as our local community theater programs. Lastly, the two current buildings are slated to be returned to both towns for future community use. In discussions with the leadership in both communities, there has been interest in turning the two schools into community centers.”

The original Windham Middle School was built in 1977 and intended for a capacity of 483 students. That number has grown in the last year to 555 students this year, with sixth graders being housed for some classes at the adjacent Field Allen School, originally constructed in 1949. Jordan-Small Middle School in Raymond was built in 1960 and currently has an enrollment of 184 students.

More than 132 potential 35-plus acre sites were originally identified for review by the RSU 14 WMS Building Committee and then ranked according to transportation accessibility, utility availability, environmental impact, and a range of other factors. The RSU 14 Board of Directors entered into an option-to-purchase agreement with the owner of 61 Windham Center Road in Windham and the owner agreed to take the property off the market for a period of up to two years in 2021.

As part of the proposal to build the new Windham/Raymond Middle School, Windham and Raymond students in Grades 5 to 8 would attend classes there. Windham fifth graders currently attending Manchester School would instead attend the new school, as would Jordan-Small Middle School students from Raymond. The new school is being designed for a capacity of 1,200 students.

Lavallee Brensinger Company of Portland is serving as architects for the construction project and Howell said that the new school is being designed to accommodate teams of two to four staff members.

“The teaming structure will give students the feel of being in a smaller school within the larger school. Each team will have spaces that are dedicated to each of the core subject areas,” he said. “In addition, the building will be structured to allow for the integration of some of the applied arts within the team. The development of the team structure will serve to bring the best possible facilities to each team. In contrast, the original Windham Junior High School, now Windham Middle School was built as a departmentalized Junior High School.”

Howell said that under provisions of the State of Maine Construction Program, school districts must pass a referendum within six months of having the concept for the school approved by the Maine State School Board.

“If a district fails to have a positive referendum within the time frame, the project can be removed from the state funding list,” he said. “The concept for this building project was approved on Sept. 13. In the event of a no vote on this referendum, the building committee and school committee would need to reconvene and look at a revamped project that could be sent out to voters. The additional constraint that we are also working under is the land purchase. Our option to purchase 61 Windham Center Road will expire on Dec. 31 of this year. If a project cannot be passed, any future projects would have to be locally funded.” <

Recall ordinance measures provoke differing opinions in Windham

By Ed Pierce

The debate over recalling elected municipal officials before their term is completed and removing them from office has arrived in Windham and two tracks have emerged as to how to best establish procedures for adding this to the town charter. Earlier this summer, a citizen’s group launched a petition drive to create a recall ordinance and collected enough signatures of registered voters to place a referendum on the ballot in town this fall. The Windham Town Council also developed a recall ordinance and will vote to implement it at a council meeting on Tuesday night.

A citizen's petition to create recall procedures for town and
RSU 14 elected officials has received enough signatures to
be on the ballot this fall in Windham, but on Tuesday
evening the Windham Town Council will vote on a more
detailed recall ordinance to be added to the town charter.
PHOTO BY ED PIERCE  

While there are common aspects contained in each proposed ordinance, there also are some striking differences and the citizen’s group says that the town council ordinance is nothing more than a way to help protect elected officials subject to recall, which councilors and town administrators deny. Both groups say they are trying to be fair to voters and elected officials but put an ordinance in place in Windham that holds public officials accountable.

“Having a recall ordinance makes sense and provides a check and balance approach to local government,” said Barry Tibbetts, Windham Town Manager. “Ordinances with the least amount of uncertainty and with greatest clarity provide the least costly measures of implementation. I personally have always felt simple government, ordinances, rules etc., whenever possible are the best, this is not easy to achieve. The citizen petition did a good job in bringing this forward so that is a win for all, as with any initiative getting the “T’s” crossed and “I’s” dotted can be challenging.”

Kristen Day of Windham, who is part of the citizen’s group leading the petition drive for the recall ordinance referendum, says that there is nothing questionable or controversial about their proposal from a civic perspective.

“Ours is a non-partisan citizen’s initiative, and as such, we are proposing this language which we believe is in the best interest of every voting resident of Windham,” Day said. “The town has the opportunity to decide the outcome by doing their civic duty. And should it pass, any citizens can follow the process outlined in our Town Charter, as we have, to propose amendments to the ordinance.”

Under the terms of the citizen petition, any elected official may be recalled and removed from office by the qualified voters of the town. According to the petition, recall is intended to be used when, in the opinion of the number of voters hereinafter specified, an elected official, acting as such, has caused a loss of confidence in that official’s judgment or ability to perform the duties and responsibilities of the office.

The citizen’s group petition also specifies that any 25 qualified voters of the town may file with the Windham Town Clerk an affidavit containing the name of the official sought to be recalled and a statement of specific facts to support the grounds of recall. The Town Clerk would then send a copy of the affidavit to the official targeted for recall to the Windham Town Council. A petition would then be issued and must be returned within 30 days signed by registered voters of the town equal to at least 10 percent of the number of votes cast in the town during the last election for governor, but no less than 100 voters.

The Town Clerk would allow five days for the filing of legal challenges to the signatures on the petition. If no such challenges are filed, the Town Clerk would certify and submit the petition to the Town Council. At that point, the Town Council would give written notice to the official named in the recall and, if the official sought to be removed does not resign within five days, councilors would order an election to be held on a day fixed by them not less than 50 nor more than 60 days after the date of the Town Clerk’s certificate that a sufficient petition was filed.

The citizen’s petition also specifies that if any other town election is set to occur within 75 days after the date of said the Town Clerk’s certificate, the Town Council may, at its discretion, postpone the holding of the recall election to the date of such other election. If a vacancy occurs in the office after a recall election has been so ordered, the election shall nevertheless proceed as in this section provided. If the official sought to be recalled so requests, the WindhamTown Council shall make provisions for a public hearing on the matter, said hearing to take place not less than seven days prior to said election.

Petition details also ask that any official being recalled shall not be a candidate in the recall election. The nomination of candidates, the publication of the warrant for recall election, and the conduct of the same shall be in accordance with the provisions of the laws of the State of Maine relating to elections. Nomination petitions for candidates at the recall election shall be filed with the Town Clerk within 15 days after the date of the filing of the certificate of the Town Clerk as to the sufficiency of the recall petition.

Terms in the petition also require that the incumbent official shall continue to perform the duties of the office until the results of the recall election are certified. If the official is not recalled by voters, the official shall continue in office for the remainder of the unexpired term, subject to subsequent recall. However, if a subject is recalled by voters, the official would be removed upon the certification of the election results. In the event the recall petition is passed, the candidate receiving the greatest number of votes shall be deemed elected for the balance of the term of the official recalled.

The citizen recall measure also mandates that no recall petition shall be filed against an official with fewer than 60 days of term remaining or within three months after such official assumed office, nor, in the case of an official subjected to recall election and not removed thereby, until at least three months after that election. It also requires that no person who has been recalled from office or who has resigned from office while recall proceedings are pending shall be appointed to any town office or town board, commission, or committee within two years after such removal by recall.

If the referendum is approved by voters in November, it would replace all prior Town of Windham recall ordinances.

The language in the Windham Town Council’s proposed ordinance is more specific regarding certain provisions.

Under grounds for recall, elected town officials serving as a Town Councilor or a member of the Regional School Unit 14 Board of Directors elected by Windham voters could be recalled when, in the opinion of the number of voters specified an elected official has caused, through actions while in elected office, a loss of confidence in the official’s judgment or ability to perform the duties and responsibilities of the office.

The council’s proposed ordinance differs from the citizen’s petition in that it requires 75 qualified voters of the town to file with the Town Clerk an affidavit containing the name of the official sought to be recalled for actions in office, and a statement of specific facts of up to 200 words to support the grounds of the recall. The Town Clerk would then transmit a copy of the affidavit to the official who is the subject of the affidavit and to the Windham Town Council. The subject of the affidavit may submit a rebuttal statement within four business days of the Town Clerk’s transmission of the affidavit. Within five business days after the date of the filing of the affidavit, the Town Clerk would deliver to the 75 voters a sufficient number of copies of petition blanks for the requested recall.

The recall petition would have to be returned and filed with the Town Clerk within 30 days after issuance of the petition. Once returned, the Town Clerk would be required to determine that at least 15 percent of the number of participating voters in the last preceding gubernatorial election signed the petition. Once that is done, the Town Clerk would then deliver the petition to the Registrar of Voters, and the Registrar of Voters would have 10 business days to certify the number of signatures of qualified voters.

If the petition shall be certified to be sufficient by the Town Clerk and the Registrar of Voters, the Town Clerk shall allow five business days for the filing of legal challenges to the signatures on the petition. If no such challenges are filed, the Town Clerk would then certify and submit the petition to the Town Council. The Town Council would give written notice to the target of the recall and, if the official sought to be removed does not resign within five days, they would order an election to be held on a day fixed by them not less than 50 nor more than 60 days after the date of the Town Clerk’s certificate that a sufficient petition is filed.

Should any other town election occur within 90 days after the date of the certificate, the Town Council could, at its discretion, postpone the holding of the recall election to the date of such other elections. If a vacancy occurs in said office after a recall election has been so ordered, the election shall nevertheless proceed and if the official sought to be recalled so requests, the Town Council shall make provisions for a public hearing on the matter, said hearing to take place not less than seven days prior to such election.

The council’s proposed ordinance also mandates that if a member of the Town Council is recalled, any such vacancy shall be filled in accordance with Article II, Section 2.D of the Town Charter. If a member of the Regional School Unit Board is recalled, the Town Council shall select an interim director for the town to serve until the next annual municipal election. An election shall be held at the next municipal election to elect a director to fill the vacancy.

An incumbent official shall continue to perform the duties of the office under the council’s proposal until the results of the recall election are certified. If not recalled, the official shall continue in office for the remainder of the unexpired term, subject to subsequent recall. If recalled in the recall election, the official shall be removed upon the certification of the election results.

Terms of the town council’s ordinance require that no recall petition shall be filed against an official with fewer than 60 days of a term remaining or within six months after such official assumes office, nor, in the case of an official subjected to recall election and not removed until at least six months after that election.

The councilors’ ordinance specifies that the total number of votes to recall an elected official shall be no less than 25 percent of participating voters of the last preceding gubernatorial election. If the recall fails to meet this total, then the elected official shall not be recalled from office, regardless of the result of the vote on the recall. When a recall fails, the official shall not be subject to another recall petition until at least six months after the failed vote.

Tibbetts said that if the council votes on Tuesday evening to enact its recall ordinance, it would take effect in 30 days or on Sept. 29.

“The citizen petition if voted in the affirmative would take effect in November and replace the council’s action but those sections where the citizen petition is in conflict would be eliminated by a council vote,” Tibbetts said. “Since the citizen petition is an ordinance, the Windham Town Council can amend it at any time. Those amendments most likely would bring it back to the existing council ordinance tentatively approved on Aug. 29.”

If a charter amendment by the council is approved, it would override all the ordinances, replacing them, and according to Tibbetts that language is identical to the council ordinance.

“Another question relates to when this goes to a vote, that by charter states the council has 30 days to set the date, hence the November vote,” Tibbetts said. “The charter amendment would not allow any modifications unless 30 percent of participating voters in the last gubernatorial election approved of them if those changes were sought it could be by Council initiative or citizen initiative.”

Councilors also will vote Tuesday night to protect the integrity of the Windham Town Clerk position from partisanship by changing it from an elected position to an appointment. Linda Morrell has served as Windham Town Clerk for the past 28 years. <

Raymond budget proposal slightly up from current year

By Ed Pierce

In formulating the budget proposal for Raymond’s Select Board to examine for the 2023-2024 fiscal year before putting it before voters, Raymond Town Manager Don Willard had to take several factors into consideration.

Raymond's initial budget proposal for 2023-2024 is
$18,640,359 and after revisions by the Raymond 
Select Board, voters will cast ballots to approve or 
reject the budget at the Annual Town Meeting on
June 13. COURTESY PHOTO   

Raymond has increased staffing levels and public safety employee retirement options have gone up. Along with that, capital expenditures for the town have risen and the library is offering new services and programming. Raymond has expanded recreational programs and inflation has resulted in higher pricing for town purchases.

Willard’s original budget proposal was $18,640,359, up from 2022-2023’s budget of $18,423,349.

“The budget represents a 7.30 percent ($455,932) increase in gross expenditures over last fiscal year,” Willard wrote to the Select Board in introducing the budget proposal. “After municipal revenues were applied to the gross budget, it results in a 9.53 net increase ($358,382) over last fiscal year.”

Willard reported to the Raymond Select Board that the new estimated taxable real estate valuation is $8 million, resulting in an increase of $120,000 in additional tax revenue, if calculated at a $15 per thousand valuation rate.

“This is a conservative estimate from the contractor assessor,” he said.

According to Willard, municipal revenues for the town are projected to increase by 3.91 percent, or about $97,000.

“The budget does not factor in the estimated increase in property tax revenues, any increase in revenue sharing, not does it include any undesignated fund balance or surplus,” he said.

Key items in the new Raymond budget proposal include fire department salaries rising from $902,523 to $999,358; fire department gasoline costs doubling from $15,000 annually to $30,000; Public Works costs increasing from $917.013 to $930,356; Parks and Recreation funding increasing from $156,343 to $164,084; Worker’s Compensation, Public Works gasoline and diesel fuel costs remaining the same as last year at $60,500; liability and unemployment insurance costs rising from $137,325 to $164,200.

Cumberland County’s tax assessment for Raymond jumps from $817,347 to $974,325. Benefit costs for Raymond town employees will increase 15.02 percent from $794,762 to $914,135.

Planned capital improvement funding for town projects such as road paving, a playground and work to municipal facilities are increasing from $890,000 to $965,000.

Willard says the town expects to take in $16,064,050 in real estate and personal property taxes and earn about $14,000 from investments in FY 2023-2024, up from $8,000 this year.

As far as state revenue sharing goes, Raymond is expecting to receive about $505,000 from Maine, about the same as projected in last year’s budget.

The town’s debt service decreases in 2023-2024 down to $353,114 from $357,614 this current year.

Under the budget proposal, funding for utility costs for Raymond town buildings will increase from $13,000 to $22,000.

Throughout March, the town’s Budget Committee worked with town departments in making budget revisions and a final budget was adopted at Tuesday night’s Raymond Select Board meeting.

The budget put forward does not include the RSU 14 budget which is still being calculated and will be separately approved or rejected by voters in June.

Raymond voters will cast ballots during the Annual Town Meeting on June 13 at Jordan-Small Middle School regarding the town budget. <

Tyler hoping voters send him back to Augusta this fall

Former State Rep. Tom Tyler of Windham will campaign 
for the Republican nomination for the Maine House District
24 seat to succeed Rep. Mark Bryant, a Democrat, who is
term limited. Tyler formerly represented Windham in the 
117th and 126th Maine Legislatures. PHOTO BY ED PIERCE  

By Ed Pierce

Tom Tyler knows that when it comes to serving as a state representative, experience matters.

Tyler, a Republican and a lifelong resident of Windham, has decided to campaign for the House District 24 seat currently held by Democrat Mark Bryant of Windham, who is term limited. He formerly represented Windham in the 117th and 126th Maine Legislatures and stepped aside in 2014 to help his business, Hidden Brook Associates, to grow and prosper.

Now retired from a long career in sales, Tyler is asking voters to send him back to Augusta where he can serve as a champion for the Windham community and bring common-sense solutions to difficult issues facing the state.

“There is indeed something to be said for experience,” Tyler said. “To represent Windham properly you need somebody up there who knows how to work the system so Windham and Southern Maine don’t lose out.”

If other challengers for the seat file papers, Tyler will be entered in a primary in June for the Republican nomination for the fall election.

He says that if he is eventually elected to represent District 24, his focus in Augusta will vary.

“In the 126^th Legislature, I introduced a bill allowing for a child to testify outside of the courtroom,” Tyler said. “If elected, I’d like to continue some of the work that has been done to reform Maine’s Child Welfare System. I just don’t think we do a good job with that in the state of Maine.”

Other areas of interest to Tyler are making possible reforms to the state’s education system and finding new ways to retain great teachers and compensate them fairly.

“I also want to tap in to create ways to get businesses to come to Maine,” Tyler said. “I’d like to see more startups locate in Maine and help the students who graduate from the University of Maine to stay here. By creating a business-friendly environment in Maine, we can keep our young, educated college grads here.”

Lending a hand to Maine’s elderly residents is also a priority for Tyler.

“We have to find a way to have our elderly stay in their homes,” he said. “Whether it be by creating some sort of tax-incentive initiative to keep them there or something else, we need to do what we can for those who are facing having to give up their homes and moving to a nursing facility.”    

Besides his previous experience of serving as a state representative, Tyler knows Windham and he knows Maine very well.

“Having represented Windham before in Augusta, I know my way around,” he said. “Solving the big issues is one thing, but for me, the behind-the-scenes stuff of helping local residents who have a question or need assistance is the most gratifying.” 

He serves as president of the Sportsman’s Alliance of Maine and is chairman of the Board of Trustees of Cross Insurance Arena in Portland. Tyler earned an associate’s degree from Southern Maine Vocational Technical Institute in South Portland after graduating from Windham High School in 1966.

Married for 54 years to his high school sweetheart, Sandra, the couple has two children, James and Julie, and several grandchildren. Tyler also learned a great deal from his mother, who worked for the U.S. Post Office for more than 30 years. He’s been a deputy fire chief in Windham and volunteered as an assistant coach at Windham High and at his church and with the Boys Scouts.

“At heart I really am a conservationist and truly believe in the Lands for Maine’s Future Program,” Tyler said. “We have such a beautiful state and one of the safest states to live in too. Maine has a lot to offer people and I’d sincerely like to help. I have no problem sitting down with the other party to get things done in a bipartisan way.”  <