Gray Town Council
Meeting Minutes
July 19, 2005
Present: Town Councilors Gary Foster, Andy Upham, Skip Crane and Denise Duda
Town Manager Mitchell Berkowitz
Others Present and Speaking: Rep. Susan Austin, Senator Karl Turner, Rep. Mark Bryant, Peter Gerardo, Don Crandall, Richard Barter, Pam Wilkinson, Julie Sheets, Fran Monroe, Jim Monroe, Brad Fogg, Sgt. Warren Parker, Elizabeth Prata, Michael Salvetti, Tod Bennett and John Welch.
First Order of Business
Presentations
Representative Susan Austin presents sentiments to area armed services personnel recognizing their service and dedication to their country.
Representative Austin congratulated the new Council members and extended her best wishes to them. Ms. Austin publicly recognized three area residents who recently returned from service in Iraq and thanked them for working for the betterment of their fellowman and for the personal sacrifices they made on behalf of others.
Sgt Warren Parker was in attendance and was acknowledge for his service with the 133rd Engineering Battalion providing specialty support to sub-units in Iraq. Senator Karl Turner thanks Sgt. Parker and noted that from our country’s beginning, we have been blessed by those who make contributions like Sgt. Parker’s.
Sgt Adam Farrington, Specialist Julie Rand and 1st Class Jonathan Wood were recognized and thanked for serving. Representative Mark Bryant called their service “a calling” and noted the legislature had unanimously supported a bill that would allow servicemen and women free hunting, fishing and state park passes in appreciation for what they have done on behalf of the citizens of Maine.
Public and Council Discussion of the Proposed Lease Elements from the Gray Public Library Association:
Councilor Foster read a letter received from Peter Gerardo on behalf of the GPLA.
To the Gray Town Council:
As you know, the GPLA was formed to support the educational and community enrichment goals of the Gray Public Library.~ Our interest in acquiring and raising money for the rehabilitation of the Pennell Institute is solely in the furtherance of that purpose.~ Since ownership of the Pennell property and its associated Trusts are still in question, and appear to remain so for some time, the sample lease provided by the GPLA to the Gray Town Council is moot.~ This sample was given to the town council as a means to give them a sense of GPLA's intentions in this matter.~ We have now been approved as a 502(C)3 corporation and our bylaws and purpose are now a matter of public record available to all. If in fact Pennell Institute is deeded to GPLA in the future; a lease for its use as the Gray Public Library would be of highest priority.~ At the
time the GPLA would be glad to discuss the conditions of the lease.~ Until such time, further conversations between the GPLA and the Council are fruitless regarding the lease.
Sincerely,
Peter T. Gerardo
GPLA
Councilor Upham responded he hoped there would be an opportunity for both groups to work together to benefit the town. Councilor Upham commented ion items 1-7 contained in the GPLA’s proposed lease agreement, which was open for discussion prior to the latest letter received from Mr. Gerardo. Councilor Upham made it clear that these comments were his and that he was not speaking on behalf of the entire Council.
1. Dismissal of the lawsuit: With regard to dismissing the pending lawsuit, Councilor Upham commented that he could only support dismissal if it were contingent upon the lease conditions and amiable to the Town. It is very important the Town knows for certain that the GPLA is ready to assimilate the trust. Also at some point in the near future, the Town should know how much money will be committed to Pennell and what the time frame is for funding the project.
2. Agreement to use best efforts to transfer: Councilor Upham stated he saw no problem in making a “best effort” to complete the transfer but noted that perhaps the term needed further clarification by an attorney to see if other things are implied by that term. He also explained that it is very important to know what roles the MSAD and GLPA will play in a transfer and if the transfer is consistent with the Town’s Comprehensive Plan objectives. Goals, duties, timeline and a scope of work should be established as well as what the Town’s relationship with the Historical Society is prior to any transfer. Estimates for the scope of work should be provided.
3. A lease for the Library’s Operation: In order for a lease agreement to be developed, other assets such as the Lab and the ball field should be discussed. The Town should be allowed to sublease any assets transferred to the GPLA. Councilor Upham said he would like the Town to be better represented in a lease as to how those other properties are used.
4. The Town agrees to support the Library for the term of the lease: More information is needed on this as the Library is a function of the Town and the operation of the Library for 99 years is at the discretion of the Town.
5. “Absolute” Triple Net Lease: the Town needs legal clarification on what this means especially since there is currently a tenant in the building. The Town would have to discuss whether or not the property would be considered tax-exempt, as we would not want the Town to pay itself taxes. More specifics are needed with regard to GPLA’s request to have the Town be responsible for any/all expenses in the future including capital expenses.
6. The offer is subject to the satisfactory completion of environmental assessment and title search. Councilor Upham suggested the MSAD and the GPLA pay for these costs since the District has already completed a previous assessment and added that the Town should not be responsible to clear any leis with regard to a title search.
7. Negotiate in Good Faith: Councilor Upham said he did not want to hinder the negotiations between the GPLA/MSAD/Town but by the same token, there is a lot of work that needed to be done. The Sewall Report contains information that is vital to the renovations project and Councilor Upham noted that he had not yet read the report. It is possible, the original building may not be suitable for stacking books etc., and a fundamental space plan would be able to determine if there is enough room for the Library to operate and the costs associated with its operation.
Councilor Duda explained she was not present at the last meeting and noted there are good people on both sides of the issue. Councilor Duda said she supported the Library moving to Pennell and wanted to see the process move forward. She added that a private entity would be able to raise more money than the Town could to refurbish the building and suggested those who care about the Library would be the best to raise the funds needed for it. There was very strong voter support on this issue but there are some concerns with regard to caring for the facility for the term of the lease (99 years). And while the GPLA’s concerns may differ from the Town’s – both parties can work together without being divided.
Councilor Crane added that if in fact the Town owns the building, he hopes the GPLA will work with the Town to move forward for the Library at Pennell.
Public Comment:
Peter Gerardo spoke on behalf of the Gray Public Library Association noting the group does not have the resources or the time to continue in the lease agreement. Since GPLA does not own the building and will never own it, the groups’ focus is to raise money to enlarge or move the Library. That is why GPLA is removing the lease component from the negotiations. The point is moot if ownership is not an option.
Councilor Upham asked if the GPLA was withdrawing negotiations with the MSAD for the trust. Mr. Gerardo responded that the letter states the group does not want to negotiate but will listen and consider. Their primary goal is to satisfy the citizens of Gray and they are waiting to see what happens with regard to ownership of the Pennell trust. Councilor Upham said there were many ways for opportunities to be worked out and hoped GPLA would be apart of those discussions. Mr. Gerardo said the group would pursue the matter if it were not in the middle of a court case.
Don Crandall, Route 115 resident said he sensed a lot of division was being created between the Council, the GPLA and the Library. Mr. Crandall noted that if the Town preserves the building, people would look back on it positively. If the lawsuit is counterproductive to the process it should not continue. The parties need to work together to make Pennell a model facility for years to come.
Richard Barter, Hancock Street resident commented that the Council should have the interests of the Town first and referenced a letter written by Burchard Dunn dated October 26, 1980. Mr. Dunn’s letter noted Pennell as the property of MSAD#15 with income from the trust belonging to the Town. If the SAD ceases to use the building, the trust reverts to the Town.
Mr. Barter said the Council did not interpret the terms of the Pennell will and Judge Tapley’s definition of “educational purposes” has taken new forms. The Town has spent $20,000 in legal fees and the SAD has spent the same also. Thus far the Town has lost the last six out six times in court. Mr. Barter said he supported the GPLA’s plan until the Town clarifies its position and suggested the draft be withdrawn until such a time.
Pam Wilkinson, Birchwood Road resident said all parties should share equal effort- first the trust should be transferred to GPLA and then a lease agreement can be worked on. The Town needs to know if the SAD is going to make the transfer to the GPLA otherwise another false start will occur.
Julie Sheets said the letter did not indicate that GPLA is backing out but rather it is the groups’ opinion that the discussion of the lease is a moot point. Incurring additional fees to redefine the lease seems out of order at this time. The GPLA is not withdrawing from Pennell.
Fran Monroe, Lewiston Road asked how the Town could go forward with the transfer of the trust to GPLA unless some action is taken by the School District. Ms. Monroe added that a lease couldn’t be obtained without the District ‘s release of the trust. Councilor Upham explained the current use of Pennell would fall under the intent of the trust as noted by Mr. Barter. Councilor Foster added the Attorney General said the Town couldn’t satisfy the requirements three years ago. Ms. Monroe inquired about the renovations and asked what percentage of them needed to be completed for occupancy. She also asked who would be responsible to pay for any unexpected costs and asked that these items be put in writing. Councilor Foster confirmed that the Anderson Lab and the ball fields are included in GPLA’s proposed agreement, item
#6. If all the money isn’t raised to repair the building, what will happen to the funds, Ms. Monroe asked.
The Manger added that the Sewall Report was not paid for by the SAD – the Town paid for it and the report is available at the Library and the Town Office.
Jim Monroe, Lewiston Road, expressed his concern that the GPLA is taking the position that the lease is a moot point. The lease involves something so complex and should the transfer occur, the groundwork needs to be done ahead of time. The better the lease agreement looks, the more willing the public will be to accept it. Mr. Monroe asked who would be responsible for the ongoing maintenance and general liability insurance if the fundraising takes years to accomplish? Is there any situation where the Town could incur contingent liability by being so close to the GPLA? If the GPLA ceases to exit, what happens to the future of Pennell and any monies raised for Pennell’s renovations?
Councilor Foster explained that over the course of the 99-year lease, the trustees would be the owners of Pennell with the AG overseeing the trust. The transaction would incorporate the entire property; three trusts, for a total of 5.6 acres.
Mr. Monroe added that the finality of the present ownership needs to be established and once that happens, the general anxiety the public has will disappear.
There were no additional public comments.
Second Order of Business:
Approval of July 5, 2005 Town Council Minutes
Corrections: Page 8, Order 5:
Councilor Upham Crane seconded the motion.
There were no other corrections.
Councilor Crane moved to approve the minutes of July 5th as amended.
Councilor Upham seconded.
The motion carried 4-0.
Third Order of Business:
Reports from the Council Chair
Chair Foster reported Julie Deroche has applied for the vacant Town Council seat. Applications are still open if anyone is interested.
Reports from the Town Manager
Town Manager’s Report
Tuesday
July 19, 2005
By-Pass Project Report:
The Town has received two key pieces of correspondence that further confirms the progress of this project. The first is the “Notice of Layout and Taking”. Simply, when negotiations fail, the Maine Turnpike Authority in accordance with 23 MRSA, Chapter 24, §1961 &1965, may exercise the process of Eminent Domain. The Merrill property off Rt. 202 which is directly across from the entrance to the Northbrook Business Campus is subject to this action. The property is approximately 5.8 acres.
The second is the Notice of Intent to File by the MDOT for a Natural Resources Protection Act permit application to cover the whole Bypass project alignment. A public hearing may or may not be required by the Board of Environmental Protection. Written public comments may be sent to the DEP, Bureau of Land and Water Quality, 17 State House Station, Augusta, Maine 04333-0017
Yarmouth Lumber Company Report:
The Town has received the latest reports from EnviroInvestigations & Remediation, Inc. who conducted an unannounced on site inspection of the property located off Rt. 100 south on March 30, 2005 and April 21, 2005. The inspection conclusions included the following:
No environmental releases were observed either at the exterior or interior of the building.
The four disabled tractors remain on site, covered. YL must continue to seek buyers for these.
Eleven tractors were inspected, two of which appear to be for used parts.
Floor Drain collection and treatment system was going through a major retrofit. While this is encouraged it should have been discussed in advance with MDEP.
The mechanics are a good source of ideas for further remediation efforts.
The Culture of the garage staff continues to improve.
The April Report has several recommendations to the MDEP based upon the progress and the reports:
Cancel the monthly inspections and reporting.
Cancel the roof and containment area for disabled trucks since only one is generated every 12-18 months.
Complete the floor drain collection system improvements.
YL should consult with ERI to review and suggest operational changes for compliance purposes.
The full reports will be on file at the Town Manager’s Office for any public inspection.
On Wednesday of this week I will be meeting with the new general manager of the Company and will tour the new collection system. The discussion topics will be reported to the Council at your August 2, 2005 Council meeting. I will be requesting that any future correspondence between the Company and the MDEP be copied to the Town to keep us fully informed, even if monthly inspections are eliminated.
County Budget Advisory Committee Meeting:
We have been notified that the County Budget Advisory Committee will meet at Stimson Hall on Wednesday, July 27 at 6:00 PM. Municipal Officers are invited to attend. Al Austin of this District ( #3) will be hosting the meeting and doing the necessary postings. He may be reached at 721-9999 and leave a voice mail. If any Council members plan on attending please let me know and I will RSVP on your behalf.
County EMA Flood Applications:
All communities have been asked to resubmit their April Flood Form 7 CCEMA requests with updated information. I have asked Steve LaVallee to review our original situation and refile if appropriate.
County Regional Communications Center:
The County has requested the Town’s support for Homeland Security funding for several of their projects. In the past the Town of Gray has worked with several communities on a sub regional level to access such grants. Draft letters of support were also provided with this communication. I will discuss this with the Chief who will advise whether such support will conflict with the Town’s efforts. How does the Council want to proceed if the Chief believes this would conflict with other efforts the Town is involved with? The County must have a response for all grant requests no later than July 25 which does not permit the Council any time to deliberate on this issue beyond tonight.
Report of the Service Center-Rural Community Working Group:
The Town has received and copies have now been distributed to each Council member regarding the above report. The Group was formulated at the direction of the MMA Legislative Policy Committee to initiate a formal dialogue between Maine’s service center municipalities and rural communities. At the time, the key issue was the costs of rural sheriff’s patrols and the way county budgets might assess the costs for such services. What is interesting is some of the data contained within this report and how it reflects some of Gray’s concerns. I encourage the council to review this report and place it on one of your workshop agenda’s in the near future so that your comments may be communicated to MMA just after your August 2 Council meeting.
Urban/Rural Initiative Program:
Annually, I must certify that the funds received for that ensuing fiscal year from the URIP ( $82,308 in FY 2006) shall be used for capital improvements of public roads.
Since we have a dedicated capital program for road repair and surfacing these funds help offset the local appropriation and are accounted for as a projected revenue. The certification has been sent in.
New Website is Up:
We are please to invite you to go to www.graymaine.org and view the new Town website. Though the general format is now in place we are training staff at the department levels to update the information pertaining to their service areas. The site also has new features, one of which is printing what is called a “print friendly page” which basically will be only black and white to save on ink costs for each user.
Work Items over the Summer:
The following are some of the key items that must be worked on over the summer in addition to any Council projects and priorities:
Winter Plowing contracts for Public Easement Roads/ Sand Bids
All Bridge work
Painting proposals for Stimson Hall
Section 125 Plan development
Complete the Audit work
Continue updating the Website
A&S Policy for Fire Personnel
Vehicle and equipment advertisements and purchases
30 Day Notices Sent:
We are required by law to notify delinquent tax payers that after a 30 day notice the Town will place a lien on their properties for unpaid taxes as committed on August 12th, 2004. If the lien is not satisfied within the next 18 months, the Town again notifies the tax payer of the delinquency and if not paid in full, the Town will tax acquire the property. By the time we get to a tax acquisition period the #350 lien notices dwindles sharply to less than two dozen properties. Where possible, we also work with each property owner to achieve payments in full, even through installments.
Respectfully Submitted,
Mitchell A. Berkowitz
Town Manager
Fourth Order of Business:
Committee Reappointments , Liaison Assignments and Finance Committee Appointments-
· Mr. Mark Sanborn, Board of Assessment Review for a three-year term: 7/1/05-6/30/08
· Mr. Carroll Denham and Mr. Hubert Cobb, Board of Assessment Review for the remainder of three-year terms, expires 6/30/07
· Mr. Brad Fogg and Mr. Ryan Peary, Gray Cable for a three-year term: 7/1/05-6/30/08
· Mr. Peter Gerardo and Claudette Simms, Gray Public Library Trustees for three-year terms: 7/1/05-6/30/08
· Mrs. Louise Knapp, Dry Mills Schoolhouse for a three-year term, 7/1/05-6/30/08
· Mrs. Beverly Prince, Dry Mills Schoolhouse for the remainder of a three-year term, expires 6/30/07
· Ms. Ellen Parady and Mr. Gordon Kimball, Grange No. 41 Scholarship Fund for three-year terms: 7/1/05-6/30/08
· Mr. James Foster, Ordinance Review for a three-year term, 7/1/05-6/30/08
· Mr. Rodney Boyington, Mr. Don Hutchings and Mr. Barry Sheff, Planning Board for three-year terms: 7/1/05-6/30/08
· Mr. Richard Wood, Mr. Gary Wood and Mr. Thomas Gorrill, Public Safety for three-year terms: 7/1/05-6/30/08
· Mr. Carl Holmquist, Recreation and Conservation for a three-year term: 7/1/05-6/30/08
· Mr. Brian Shedlarski and Mr. Peter Thoits, Solid Waste/Recycling for three-year terms: 7/1/05-6/30/08
· Mr. Gary Foster, Mr. Andy Upham and Mr. Skip Crane- Appointment to the Council Finance Committee
Committee Reports
Councilor Duda reported she attended the Library Trustees Meeting. The Library’s circulation has increased by 9.5%. Interlibrary loans: over 5,000. Computer users: 3617, The Gray Library is part of the Minerva Library System, which has proven to be very successful. Extra help is scheduled for Saturday’s at the library, which will open at 9:00 a.m. this fall (on Saturdays).
Councilor Upham attended the Planning Board meeting; community endowment brochures were distributed. An assessment will be done for Libby Hill around August 1st.
Brad Fogg reported on the Cable Committee. Stephen Crane, the installer of the cable committee’s sound system was unavailable to due health reasons. The committee has not made any upgrades to its system for 4 years and would like to provide high definition quality over a period of time. The existing equipment and software would be disposed of through public sale, which will help offset the costs for new purchases. The committee is reviewing their capital expenditures that include improvements to Stimson Hall. They are also working with the Gray Business Association for their annual auction, which will be held in October. Two students have been working with the committee. One student at Fort Western in Augusta at the Wildlife Farm and another at the Capital building. Both students will broadcast their reports on local cable this winter.
Councilor Foster reported the Ordinance Review Committee met on July 7th. Agritourism was discussed, as were the proposed amendments to the ordinance and proposals from Craig Denekas at Pineland Farms that suggested the Committee change the ordinance requirement that would require the farm to meet state standards. Bill Getz arranged a meeting with Mr. Denekas and it was decided to remove the state registration requirement. Additionally, the acreage requirement would be lowered to 5 acres if the acreage were contiguous to the building.
The ORC discussed the Village Center Zone and proposed lot size requirements of 40,000 square ft with no public water and 20,000 square ft, with public water. Boundaries for the new zone were not changed.
The Solid Waste Committee met on July 13th. Transfer Station total receipts exceeded expectations. Green Up Days: August 26, 27, 28. Gray will participate with North Yarmouth and New Gloucester for its annual Hazardous Household Waste Collection.
EcoMaine (formerly RWS) met on July 14th. New bids for an energy contract were reviewed. Constellations New Energy won the bid (6.5 cents per kilowatt hour).
The term of the contract is 2 years, 7 months.
Year-end revenues are up and expenditures are down. Overall the surplus amounts to 1.2 million dollars. Kevin Roche was complimented and received a 3% pay raise.
Council Correspondence
Councilor Foster responded to a letter he received from Mrs. Duhamel who wrote to request consideration for changing the name of Wilkies Beach to Kiwanis Beach. Councilor Foster said the Council would take her request under advisement.
An anonymous letter was received thanking the Chair for displaying calm leadership with regard to the Pennell issue. Over 40 residents have expressed to Chair Foster that they want the Council to stay the course on the Pennell matter.
Council Business
Workshop Status-
At the July 11th Workshop:
· Andy Upham and Dick Cahill provided an update on the zoning ordinance. It was noted that there are no impervious surface standards in the ordinance which needs to be addressed. More permitted uses were added to the zones.
· The Council had the Manager draft a survey regarding changing the Town Meeting.
· The Council discussed sending the tax bills out in August. The Town would be charged an additional $400 to do this.
· Councilor Duda was updated on the Pennell issue that was discussed at the July 5th Council meeting.
· A Workshop will be held on July 25th.
Fifth Order of Business:
Additions to the Agenda
None
Councilor Upham suggested the Council work toward more prescriptive agendas so those who wish to attend know what will be discussed.
Sixth Order of Business: ORDERS AND ORDINANCES
Order #8- To review and act upon several reappointments to Boards and Committees.
Sponsor- Town Council
Councilor Foster read the following names for Committee and Board Appointees:
· Mr. Mark Sanborn, Board of Assessment Review for a three-year term: 7/1/05-6/30/08
· Mr. Carroll Denham and Mr. Hubert Cobb, Board of Assessment Review for the remainder of three-year terms, expires 6/30/07
· Mr. Brad Fogg and Mr. Ryan Peary, Gray Cable for a three-year term: 7/1/05-6/30/08
· Mr. Peter Gerardo and Claudette Simms, Gray Public Library Trustees for three-year terms: 7/1/05-6/30/08
· Mrs. Louise Knapp, Dry Mills Schoolhouse for a three-year term, 7/1/05-6/30/08
· Mrs. Beverly Prince, Dry Mills Schoolhouse for the remainder of a three-year term, expires 6/30/07
· Ms. Ellen Parady and Mr. Gordon Kimball, Grange No. 41 Scholarship Fund for three-year terms: 7/1/05-6/30/08
· Mr. James Foster, Ordinance Review for a three-year term, 7/1/05-6/30/08
· Mr. Rodney Boyington, Mr. Don Hutchings and Mr. Barry Sheff, Planning Board for three-year terms: 7/1/05-6/30/08
· Mr. Richard Wood, Mr. Gary Wood and Mr. Thomas Gorrill, Public Safety for three-year terms: 7/1/05-6/30/08
· Mr. Carl Holmquist, Recreation and Conservation for a three-year term: 7/1/05-6/30/08
· Mr. Brian Shedlarski and Mr. Peter Thoits, Solid Waste/Recycling for three-year terms: 7/1/05-6/30/08
· Mr. Gary Foster, Mr. Andy Upham and Mr. Skip Crane- Appointment to the Council Finance Committee
Councilor Crane moved to act upon the reappointments to the Town’s Boards and
Committees.
Councilor Upham seconded the motion.
Councilor Upham moved to amend the motion to exclude Peter Gerardo’s reappointment.
Councilor Crane seconded for discussion.
Councilor Upham suggested the Council should be prudent to review the articles of the Charter to see if there is a potential conflict of interest regarding Peter Gerardo’s position as a Committee member on the Gray Public Library Trustees and his role in the GPLA. Councilor Upham suggested the order be amended to exclude Mr. Gerardo from reappointment on the Library Trustees Committee and requested the Town Attorney be advised of the situation.
Councilor Foster said he supported the order to stand without the exclusion. At any time in the future if a potential conflict arises, the committee can request that Mr. Gerardo step down.
The Manager explained the Town Attorney’s position, which explains the rule of thumb, has always been to look at the roles and make immediate disclosure so that the balance of the Board can render an opinion. The Board of Trustees will not have a contractual relationship with the GPLA. The Manager added he would obtain additional comments from Bill Dale on this and report back to the Council.
Councilor Crane said that if there appears to be a conflict at some future point the council can address it at the time.
Councilor Duda requested that when individuals are serving on more than one committee or are speaking as a citizen, they need to clarify which hat they are wearing when addressing the Council.
The Manager cautioned the Council that laying a cloud on an individual prior to any investigative work is performed is dubious. Fran Monroe agreed with the Manager and noted as long as the party is not receiving any monetary compensation resulting from their actions, no conflict is posed.
Councilors Crane and Foster did not support excluding Mr. Gerardo from reappointment.
Pam Wilkinson noted that she did not see community members banging down the doors to serve on the Towns’ committees and suggested the Council have some faith and trust in their volunteers. She suggested the Council take a look at the policy as a whole at a future time without singling out one party. Ms. Wilkinson noted that the Council, School Board and GPLA will be meeting with the AG and not the Library Trustees.
Richard Barter commended Mr. Gerardo’s service to the Town, which spans decades. Mr. Barter said he had the utmost respect for Mr. Gerardo and was deeply troubled by Councilor Upham’s amendment to exclude him from reappointment. Richard suggested the Council review Maine Municipal Association’s position on this and read the law.
Councilor Upham stated that he was deeply troubled to even broach the subject and noted the nature of the offices can become incompatible if the duties of one person holding both posts can not perform the duties for both with loyalty. The Manager explained that municipal officers must serve under that definition but he noted, the GPLA does not fall under a municipal office because it is a private entity.
Elizabeth Prata addressed the Council as a citizen, newspaper editor and former Library Trustee. Ms. Prata explained a trustee is a Council appointed person that answers to the Council. The GPLA Director fulfills a private role for a private entity separate from the Town of Gray. Ms. Prata explained her concern with the following scenario: When the Director of the GPLA is sitting before the Attorney General, how will the Council satisfy the AG that the two are separate?
Jim Monroe said that while the issues raised tonight are legitimate, at the present there is no conflict of interest present. At some point down the road, the issue might have to be addressed but convicting someone before they have done something should not be condoned.
Councilor Upham thanked everyone for their comments and withdrew his amendment to exclude Mr. Gerardo from reappointment.
Councilor Crane seconded.
The Councils vote on the main motion was unanimous, 5-0
This action requires a majority vote after an opportunity for public comment
Order #9- To review and act on the re-appointment of Nathan Tsukroff as a special police officer for the Town of Gray working as a traffic control officer for the Town and the MSAD #15. Sponsor- Town Manager
Councilor Duda moved to re-appoint Nathan Tsukroff as a special police officer for the Town of Gray working as a traffic control officer for the Town and the MSAD#15.
Councilor Upham seconded.
Mike Salvetti, Mayberry Road inquired as to Mr. Tsukroff’s duties and wondered if he would be providing any other activities other than traffic control. Council Chair said he was unaware of any other duties for Mr. Tsukroff other than traffic control at the Libby Hill intersection. The Manager confirmed for Councilor Duda that this information is spelled out in the contract with the MSAD.
Pam Wilkinson said she welcomed Nathan’s help with traffic control and thanked him and the Sheriffs Department for their assistance.
The motion carried 4-0.
This action requires a majority vote after an opportunity for public comment
Order #10- To review and act on the Council Liaisons to various Boards and Committees and assign council members to the Council Finance Committee
Sponsor- Town Council
Denise Duda: Cable Committee, Dry Mills Schoolhouse, Grange, Charles Barker Scholarship and Library Trustees
Skip Crane: CEDC, Pineland, Public Safety, Greater Portland Council of Governments and Planning Board
Andy Upham: Board of Assessment, Libby Hill, Zoning Board of Appeals and Planning Board
Gary Foster: Solid Waste and Ordinance Review Committee
Appoint Skip Crane, Gary Foster and Andy Upham to the Finance Committee
Councilor Crane moved to act on the Council Liaison positions to Town Boards and Committees and to assign Council members to the Finance Committee.
Councilor Upham seconded the motion.
There was no public comment or Council discussion.
The motion carried 4-0.
This action requires a majority vote after an opportunity for public comment
Order #11 – To review and act on directing the Town Attorney to file in the pending Superior Court action to determine whether the Pennell Institute building and associated land are assets of the Pennell Trust, or outside of the Trust.
Sponsor- Town Council
Councilor Crane moved to act on directing the Town Attorney to file in the pending Superior Court action to determine whether the Pennell Institute building and associated land are assets of the Pennell Trust or outside of the Trust.
Councilor Upham seconded.
Councilor Upham said he had hoped the Council would be able to move forward but in light of the GPLA’s letter requesting the lease option be dropped, he has changed his opinion of the matter. Regardless of the trusteeship, the question needs to be answered.
Councilor Duda said she did not support going forward with the court action because at any point the matter could be reopened again. If the court rules in the Towns favor, Councilor Duda said she did not want to put money into a potential money pit. The Town already has property it is not using and is in disrepair. Councilor Duda hoped to see someone save the building but noted it would not be fiscally responsible to put that burden on the taxpayers of Gray.
Councilor Crane said he felt proceeding with the court case was a necessary step that needs to be taken. He extended his support to direct the Town Attorney to file in Superior Court and to have the court make a determination. Councilor Crane said he did not agree with the AG’s opinion and that the building’s use is in keeping with the terms of the trust.
Julie Sheets a member of the GPLA said the letter read this evening was not GPLA walking from the lease but rather acknowledgment that the questionable status of the trust makes the sample lease a moot point. The GPLA is not saying they do not want to negotiate. The draft was based on the Town’s dismissal of the lawsuit by June 30th.
Fran Monroe added that the letter read by Mr. Barter (Burchard Dunn) notes that a lot of the work surrounding the history of the case has already been done and the legal costs should not be extensive this time around. Ms. Monroe said the information needs to be updated and this should not be too lengthy a process nor too costly. She proposed the Council proceed to court to get to the bottom of the issue.
Pam Wilkinson suggested the District be approached to go with the Town to the AG and asked if the Council had approached Alan Rich about this.
Chair Foster said that there has been opposition to that idea in recent weeks but as far as he was concerned, he would like to see the District go with the Town to the AG.
Tod Bennett, MSAD School Board member said that even if the Town prevails in the case, the town ends up with the building and no trust. Todd said that if the Town does not proceed with the case, someone in the future can raise this issue again and the Town will be back at square one.
Jim Monroe said he was concerned the AG would not show any regard for an organization that has no assets and hand over a building in disrepair to them. Jim said that while he doesn’t want the building, he would like to see it preserved and supports the court case moving forward.
Mike Salvetti added that the state law is clear, schools must follow the school closing rules and only a judge can decide the matter. Mr. Salvetti said he supported moving ahead with the court case so the ultimate title of the property will be determined and not come back to haunt the Town.
Richard Barter said that while he is not personally in favor of the plan to proceed legally, he hopes the Council will move ahead to resolve the matter.
John Welch, Mayberry Road said there is no mention of a loan noted in the deed. Mr. Welch said he supports continuing the case to determine Pennell’s status. When the MSAD went to the AG to get an opinion, they never asked if they could return Pennell to the Town. A judge’s resolution is needed to clear this up once and for all.
Councilors Upham and Foster agreed to work with the School Board and the GPLA in conjunction with the court case.
There were no other comments.
The motion carried 3-1 (Duda opposed).
This action requires a majority vote after an opportunity for public comment
Seventh Order of Business
Public Discussion of Non-Agenda Items.
Mike Salvetti spoke on behalf of the Crystal Lake Association concerning invasive milfoil. The entry point for the milfoil is at the boat ramp and there is currently no controls in place at the this point of entry. Mike suggested limited hours at the ramp be implemented as a means of protecting the lake from milfoil.
Pam Wilkinson said a lot of steps can be taken and there are grants available. The State would not allow the Association to close their boat ramp. Little Sebago Lake Association has hired some 32 hours per week during peak hours to distribute educational materials to boat owners and to inspect on/off boat loading.
Next Workshop Agenda
· Review Council Vacancy Appointment procedures
· Zoning: definitions and uses
· County issues
· Budget Advisory Committee
· Draft of the August 2nd agenda
Pam Wilkinson asked to be kept informed as to when the next DEP meeting would be held. Ms. Wilkinson suggested the Town work on plans to implement the town offices at the former post office.
Councilor Duda reported next year’s high school graduation is set for June 10th. She suggested the Council look at whether or not there will be a conflict with the annual town meeting and discuss other options at the next workshop. Councilor Foster noted that there would unlikely be enough time to change the charter before the next annual meeting.
Councilor Upham suggested working with the Manager to help work on a conceptual space plan for Pennell.
Eighth Order of Business: Adjournment
The meeting adjourned at11:23 p.m.
Respectfully submitted,
Janmarie A. Bourret
Recording Secretary
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