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The fate of dog walkers on South Portland’s Willard Beach is in the hands of a new task force, after new rules the City Council adopted last week were invalidated on a technicality.

Councilor Maxine Beecher, who led the effort to pass an immediate hour change for pet access to the beach, acknowledged Friday that the measure failed – even though the Ciy Council passed it by a 4-3 vote.

Beecher said in a written statement she would not try to reintroduce the ordinance, which would have changed the summer hours dogs are allowed on Willard Beach from the early morning to the evening.

“I believe the committee should be free to propose changes to the ordinance that will consider the rights of everyone who want to use Willard Beach and the residents of that neighborhood,” Beecher said in the prepared statement.

At issue was a special vote the City Council took on June 16 on whether to hear the amendment in the first place.

The vote was required because Beecher had submitted the proposed ordinance change after the deadline for items to be posted on the agenda. The reason for the rule is to discourage councilors from introducing law changes at the last minute, without public notice.

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Prior to the vote on June 16, Councilor Claude Morgan, a former president of the Dog Owners Group, accused Beecher of trying to “stick this (new law) in the back door without the lights on.”

The City Council voted 4-3 to hear the new ordinance. Voting for it were councilors Beecher, Linda Boudreau, Jim Hughes and Kay Loring. Opposed were councilors Morgan and Tom Blake and Mayor Jim Soule.

It was not discovered until the next day – and after councilors voted to change the beach hours for dogs – that approval mandated a two-thirds majority, or a 5-2 vote.

No city attorney was at the meeting on June 16.

The discovery was made by resident Chris Kessler, who said he was thumbing through the city’s ordinance during his time off as a respite worker at Spurwink Services when he noticed the requirement.

“I had some time on my hands after the City Council meeting to read through the code of ordinance,” said Kessler, who recently moved with his wife to South Portland from Syracuse, N.Y. “I was looking in Chapter 2, and I was like, ‘Hmmm. Wait a minute. What was the vote? 4-3. That was not quite a two-thirds vote.’ “

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Kessler had attended Monday night’s contentious meeting, where a couple dozen members of the Dog Owners Group turned out. Kessler, who owns a dog, said he and his wife use Willard Beach to walk their pet.

“I am a dog owner, but this really is more than about dog ownership to me,” he said. “It comes down to beach ownership issues, in terms of public space – the people owning the beach or a few privileged individuals who live on the shore.”

Kessler phoned the officers of the Dog Owners Group, who inquired about the requirement with City Manager Jim Gailey and Mayor Jim Soule.

The complaints and questions led Beecher to issue her public statement on Friday. Beecher voiced support for the task force but urged it to make changes.

Beecher noted that the ordinance change not only requires two readings, but also a 20-day waiting period. The 20-day waiting period was another requirement that the City Council had not noticed when the amendment passed. Beecher had said she hoped it would take effect July 8 – the day after councilors were scheduled to take a second and final vote on it.

She noted in the written statement that if the change passed again, it would take effect in September – after the summer beach season is over.

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But Beecher also stressed that she wants the task force to come up with a new policy for pet access at the beach for the summer time and the off season.

“At this time, committee members should be well aware of the Council and our belief in the need to address the ordinance regarding Willard Beach during both the June-Sept. and Oct.-May time periods.”

Now the City Council will wait to receive recommendations from a newly appointed task force created by Soule to study complaints by beachside residents about dogs on the beach. The task force is headed by Morgan and Hughes.

The task force has six citizen members, whose names were announced at the June 16 meeting. Soule said the meeting schedule will be posted on the city’s Web site.

Members of the Dog Owners Group objected to the fact that no one from their group was appointed. Blake urged Soule, who formed the committee, to consider adding another member.

Morgan, who represents District 1, tapped resident Elizabeth Ross, who is experienced in leadership training; Dr. Douglas Howell, a gastroenterologist who has voiced support for dogs at Willard Beach; and Bob Johnson, owner of Scratch Bakery in Willard Square.

Hughes selected businessman Gary Crosby, a dog owner who has complained publicly about dogs at the beach in the summer; Rita Nappi, a South Portland librarian; and Devon Gray, who has spoken out frequently against dogs at Willard Beach.

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