The $30 million Boothbay Region Elementary School (BRES) renovation project is tied up in the wake of a lawsuit opposing the referendum that approved it. In addition, the donated money to plan it is running out and options for financing school repairs are limited during litigation. Now, that litigation faces delays according to Alternative Organizational Structure (AOS) 98 Superintendent Robert Kahler, who updated the Community School District (CSD) Board of Trustees at their Sept. 10 meeting. 

The lawsuit filed in June came from citizens whose petition to reconsider and repeal the April 24 vote for school renovations was rejected by the district. According to Kahler, the plaintiff’s merit briefing was due Aug. 12, the district’s response was filed Sept 9, and the plaintiffs have until Sept. 23 to file their last response.  

In August’s meeting, Kahler said he was told to expect a ruling in September as part of arbitration mutually agreed to. However, Sept. 10, he said he was advised the timeline would likely be pushed back. He told trustees he anticipates having a court decision, and an answer as to whether or not either party would appeal, as late as December. The board asked if Kahler could get a clearer timeline. 

“I ask that question regularly, we can’t tell the courts what to do,” Kahler said. He added that the court told him they prioritize criminal cases, but they understand further delays lead to higher project costs.

In the meantime, Kahler said the district can’t bond funds for the project during litigation. The situation has further implications for school repairs. In what they said would be a more efficient and cost-effective move, the board had included repairs to leaking roofs and parapets at BRES as part of the larger project, rather than in the regular budget. According to Kahler, the inability to start bonding the project also means setbacks for those, and other high-priority repairs, and work may not happen before snow falls. The board discussed the possibility of starting a separate bond to tackle what they consider essential issues.  

“You should fix the leaky roofs for Christ’s sakes, no matter what it takes,” said Trustee Sewall Maddocks.    

Kahler also reported that funds that have paid for architects to work on the BRES renovation project have almost been depleted, due to issues around the litigation. So far, the exploratory and planning phase has been paid for by donated funds, but Kahler said they will run out by the next bill due. He said the architects can delay work by about a month, but more than that and the project’s construction window can’t be met. Trustee Darrell Gudroe confirmed the district will not go into debt with the architects and will stop their work when the money runs out. No motion was made, but trustees agreed informally to prioritize emergency repairs and were not willing to ask for money to keep the architects moving forward. 

“I think the kids walking around with buckets on rainy days takes priority,” Maddocks said. “If you could ask the town if we could repair the roofs and parapets so we don’t have to put buckets in the schools, that's a pretty simple ask.” 

Kahler reported the district will update the board next meeting on the cost of essential repairs at both BRES and the high school, focusing on items which could cause the most disruption if they fail. He said they are preparing a bond referendum recommendation to allow work to start next summer.