TOWN COUNCIL
Meeting Minutes
April 17, 2007
The Town Council will go into Executive Session:
Councilor Crane moved, Councilor Upham seconded
Ordered the Gray Town Council enter into Executive Session, pursuant to Title 1, Chapter 13, Subchapter 1, Section 405, Subsection 6-A: “Discussion or consideration of the employment, appointment, assignment, duties, promotion, demotion, compensation, evaluation, disciplining, resignation or dismissal of an individual or group of public officials…”Specifically to discuss duties and job performance of the Town Manager at 6.03 p.m.
4 Yes
Councilor Upham moved, Councilor Crane seconded
Ordered the Gray Town Council exit the Executive Session at 7:02 p.m.
4 Yes
Present: Town Councilors Gary Foster, Andy Upham, Skip Crane and Alison Libbey
Town manager Deborah Cabana
Others Present and Speaking: James Monroe, Alan Rich, Lee Crooker, Tina Martell, Wade Trudel, Keith Whitmore, Dean Bennett
Roll Call
Pledge of Allegiance to the Flag
Minutes from Previous Meetings:
Approval of April 3, 2007, Town Council Minutes
Councilor Libbey moved; Councilor Upham seconded
Ordered the Gray Town Council approves April 3, 2007 Town Council Minutes as presented.
4-Yes
First Order of Business
Public Comments of Non-Agenda Items – (limit 3 minutes per person)
· James Monroe, Lewiston Road, noted traffic had flowed better in the center of town when the lights were out during the recent storm then when the traffic lights were operational.
Second Order of Business:
Presentation: Rich Alan, MSAD #15 School Board Chair presented MSAD #15 FY 2007/2008 Budget
Public Hearing: The Gray Town Council will consider a new liquor and victualer license application for Anna DiSanto d/b/a Julien’s Restaurant, located at 322 West Gray Road.
No public comment.
Public Hearing: Council conducts a public hearing on the proposed FY 07/08 Municipal Budget
James Monroe, questioned the proposed $3.2 million Public Works garage and no funding provided for lake preservation. Mr. Monroe questioned if there was a location available for the Historical Society and any option for funds to assist the Historical Society at the Town Meeting.
· Chair Foster noted $10,000 for lake preservation was added to the budget. Chair Foster noted any amendments to any article at the Town meeting must be limited to the confines of the article.
Lee Crooker, Historical Society member and location search committee member for Historical Society and Museum, noted there was no long-term plan for the Historical Society or Museum. Any space identified would require Historical Society to conduct fund raisers to cover the cost of utilities and rent for the near future. Ms. Crooker also noted the Historical Society was seeking volunteers and trucks to help with the move from Pennell.
Leo Credit, local business owner, noted support for the Recreation Department and personnel. Mr. Credit noted the department was a great ambassador for the community and provided a positive impact for local businesses. Mr. Credit requested the Town continue to invest in Newbegin Center, believing the building to be well utilized. Mr. Credit noted support for proposed infrastructure improvements in the Village Center
Tina Martell, Lorraine Drive, noted her children continue to use the Recreation Department and believed the Town receives a great benefit from the department and requested the facilities and programs be kept in tack. Ms. Martell also expressed support for improvements for pedestrian traffic in the Village Center, in particular for the children who utilize the Recreation Department facilities.
James Monroe, questioned if the Library basement would be an option for the Historical Society. Mr. Monroe also noted support for the Recreation Department and the positive influence it provided for the youth in the community.
Wade Trudel, Colley Hill Road, questioned the $200,000 for the Village Center and questioned if the funds would be better utilized for general road improvements.
Keith Whitmore, Gray resident and local business owner, noted milfoil is an ongoing issue with lake quality, and as the lakes are of great importance to the Town, he would appreciate as much funding as possible for water quality.
Dean Bennet, Parks and Recreation Department Director, thanked the Council for the support for water quality and for capital improvements at Newbegin gym. Mr. Bennett requested the Town looking at the paving at Newbegin, noting the deteriorating condition of the parking lot.
Third Order of Business: ORDERS
Item #100-07 (Tabled) To review and act upon authorizing the Town Manager to enter into an agreement with Moores & Cabot to provide administrative services for preparation and development of a $3.2 million bond solicitation contingent with the Town approval of the bond authorization warrant during the May 2007 Town Meeting and approval by voters during the June 2007 municipal election.
This action requires a majority vote after an opportunity for public comment
Councilor Upham moved; Councilor Libbey seconded
Ordered the Gray Town Council removes Item #100-07 from the table.
4-Yes
Councilor Upham moved; Councilor Libbey seconded
Ordered the Gray Town Council authorize the Town Manager to enter into an agreement with Moores & Cabot to provide administrative services for preparation and development of a $3.2 million bond solicitation contingent with the Town approval of the bond authorization warrant during the May 2007 Town Meeting and approval by voters during the June 2007 municipal election.
4-Yes
Item #101-07 To review and act upon authorizing a new victualer license application for Anna DiSanto d/b/a Julien’s Restaurant, located at 322 West Gray Road.
This action requires a majority vote after an opportunity for public comment
Councilor Libbey moved; Councilor Crane seconded
Ordered the Gray Town Council authorizes the new victualer license for Anna DiSanto d/b/a Julien’s Restaurant, located at 322 West Gray Road.
4-Yes
Item #102-07 To review and act upon authorizing a new liquor license application for Anna DiSanto d/b/a Julien’s Restaurant, located at 322 West Gray Road.
This action requires a majority vote after an opportunity for public comment
Councilor Libbey moved; Councilor Crane seconded
Ordered the Gray Town Council authorizes the new liquor license application for Anna DiSanto d/b/a Julien’s Restaurant, located at 322 West Gray Road.
4-Yes
Item #103-07 To review and act upon authorizing the Town Manager to enter into an agreement with Pierce Atwood LLP, Attorneys at Law to act as bond counsel with respect to a proposed $3.2 million General Obligation Bond.
This action requires a majority vote after an opportunity for public comment
Councilor Crane moved; Councilor Upham seconded
Ordered the Gray Town Council authorizes the Town Manager to enter into an agreement with Pierce Atwood LLP, Attorneys at Law to act as bond counsel with repect to a proposed $3.2 million General Obligation Bond.
4-Yes
· Councilor Upham noted, the funds will be a fixed cost and expended whether or not the bond was approved.
Item #104-07 To review and act upon the approving the Warrant Article and Submitting $3.200,000 Bond Order to Town Meeting and Referendum.
This action requires a majority vote after an opportunity for public comment.
Councilor Upham moved; Councilor Libbey seconded
TOWN OF GRAY
Order Approving Warrant Article and Submitting $3,200,000
Bond Order to Town Meeting and Referendum
WHEREAS, Town Council desires that the question requesting approval of $3,200,000 of the Town’s general obligation bonds to finance the design, construction and equipping of (i) a public works garage and (ii) an addition to the Town’s solid waste and recycling building be submitted to the voters of the Town both at Town Meeting and, if approved at Town Meeting, at a referendum election;
WHEREAS, Town Council hereby determines that the foregoing improvements cannot reasonably be funded from annualized tax allocations and that issuing the Town’s bonds for said purposes is consistent with and in furtherance of the Town’s Long Term Capital Investment and Debt Policy;
NOW, THEREFORE, BY THE TOWN COUNCIL OF THE TOWN OF GRAY BE IT HEREBY ORDERED:
1. THAT a warrant article in substantially the following form be submitted to the voters of the Town of Gray for adoption or repeal at Town Meeting:
“To see if the Town, subject to subsequent approval at a referendum election, shall authorize the Treasurer and the Town Council, on behalf of the Town, to borrow an amount not to exceed $3,200,000, which amount (including investment earnings thereon) shall be appropriated to finance the design, construction and equipping of (i) a public works garage and (ii) an addition to the Town’s solid waste and recycling building, and all other costs related and ancillary thereto and to issue therefore the Town’s general obligation bonds (and notes in anticipation thereof), for a term of not greater than thirty (30) years with an average annual interest rate not to exceed 7.00%, with such other terms and conditions, including provisions for early redemption or prepayment, as the Town Council
may approve.”
2. THAT if the foregoing article be approved at Town Meeting, a question in substantially the following form be submitted to the voters for adoption or repeal at a municipal referendum election on June 12, 2007:
Shall the Town Meeting Article approved at the 2007 Town Meeting that authorized the Treasurer and the Town Council, on behalf of the Town, to borrow an amount not to exceed $3,200,000 to finance the design, construction and equipping of (i) a public works garage and (ii) an addition to the Town’s solid waste and recycling building, be approved?
3. THAT the article and question be accompanied by a recommendation of the Town Council, as the Municipal Officers of the Town, that the article and question be approved.
4. THAT the article and question be accompanied by a financial statement signed by the Treasurer as required by 30-A M.R.S.A. §5772(2-A).
5. THAT the Town Manager, Treasurer and Clerk be and hereby are authorized and directed to undertake all action necessary or appropriate to place said article and question before the voters at Town Meeting and at such election.
4-Yes
Item #105-07 To review and act upon the proposed articles for the May 5, 2007 Town Meeting Warrant and to order them to be part of the warrant to officially notice the public. Sponsor- Town Council
This action requires a majority vote after an opportunity for public comment.
Councilor Libbey moved; Councilor Upham seconded
Ordered the Gray Town Council approves the proposed articles for the May 5, 2007 Town Meeting Warrant and further orders the warrant to be duly posted in accordance with Maine law.
4-Yes
Fourth Order of Business: ORDINANCES:
Fifth Order of Business:
Reports from the Council Chair: See attached. Chair Foster also expressed appreciation to voters for their support, but due to personal commitments and sacrifices to serve on the Council has regrettably decided not to run for reelection.
Reports from the Town Manager: See attached. Town Manager also expressed who appreciation for the public safety crew and volunteers for their work during the last storm.
Sixth Order of Business:
Committee Appointments and Resignations: None.
Committee Reports:
· Councilor Upham noted Planning Board meeting had been rescheduled to April 26 due to the weather.
· Chair Foster noted Ordinance Review Committee would be meeting Wednesday evening, the Central Corridor Correlation meeting will be next Thursday at 6:00 p.m., and Eco-Maine meeting will also be held next Thursday at 6:00 p.m.
Council Correspondence:
· Chair Foster reported receipt of an e-mail from Donna and Brian Kinney in support of the proposed Comprehensive Plan change and in support of Hannaford.
Council Business:
· Councilor Upham requested if submittals from Town committees use document tracking on submittals to track document development and ensure most recent document is acted upon. All agreed this should be the standard.
Seventh Order of Business
Additions to the Agenda: None
Eighth Order of Business:
Council Action Items, Assignments and Issues Status:
Create the business case for the proposed PW and Tran. Sta. addition11/15/05 2007-February
MDOT Signal Maintenance Agreement Within 6 months after bypass completion
Implement Fiscal Policy 6-6-06 Town Manager
Fire Suppression Ordinance June, 2007
ORC to review Village Center May, 2007
Meeting with MDOT and MTA April 11, 2007
Formally embrace and implement the Comprehensive Plan (Chapter #2) April 23, 2007
Review Insurance Premium April 23, 2007
AOZ Zoning April 23, 2007
Proposed amendments to Campground Ordinance
Ninth Order of Business: Adjournment
Councilor Crane moved to adjourn at 9:29 p.m.; Councilors Libbey and Upham seconded.
4-Yes
Minutes approved and accepted this May 1, 2007 by its Town Council:
___________________________________ ________________________________
Gary C. Foster, Chair Andy J. Upham, Vice Chair
___________________________________ ________________________________
Marchian Crane, Jr. Alison Libbey
* The Town of Gray is an equal opportunity employer and complies with all applicable equal access to public accommodations law. If you are planning to attend a Town Council or Town committee or board meeting and need assistance with a physical disability, please contact the Town Manager’s office at least 48 hours in advance of the meeting to have the Town assist you. 657-3339. TTY 657-3931.
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