MINUTES
GRAY TOWN COUNCIL MEETING
April 15, 2008
STIMSON HALL –7:00 P.M.
Present: Town Councilors Andy Upham, Skip Crane, Deborah Mancini, Tracy Scheckel, Margaret Hutchins.
Town Manager Deborah Cabana.
Roll Call:
Pledge of Allegiance to the Flag:
Minutes from Previous Meetings:
Approval of April 1, 2008, Town Council Minutes
Councilor Scheckel moved, Councilor Crane seconded
Ordered the Gray Town Council approves the April 1, 2008 Town Council Minutes as amended.
Councilor Upham asked that under the 6th order of business, the 7th paragraph that “Public Works Bond” be included for clarification.
5 Yes
First Order of Business:
Public Comments of Non-Agenda Items – (limit 3 minutes per person)
Mary Miller, Yarmouth Rd commented that she believes it is competitive between the councilors. It is her opinion that all councilors should receive information on all vehicle purchases, that the council newsletter is a waste of time, and town council agendas should be published and also displayed on TV. She expressed concern on proposed time limits for meetings and believes that replacing Monaghan & Leahy is not a good idea. Lastly, she inquired about the code enforcement officer’s order on an unsafe property.
James Monroe, Lewiston Rd indicated that he is disappointed in the Pennell survey. He expressed concerns comments made by the council chair on the use of the term “a destination” when describing Gray.
Second Order of Business:
Presentation: MSAD #15 presents their FY 2008/2009 Budget
Victoria Burns, Superintendent and Dr. Rich, President of the School Committee presented a draft Budget for FY 2008-2009. The proposed budget is a 6.86% increase with Gray’s share of 64.55%. There will be a school board meeting on April 16th and final work done on April 30th. On June 5th there will be a district budget meeting and the public will have direct input on the final amount to be submitted for a vote on June 10th.
Public Hearing: Council conducts a public hearing on the proposed FY 08/09 Municipal Budget
Mark Grover, 26 Johnson Rd indicated that he supports the revised budget but also has some concerns that the public may not support it.
James Monroe, 23 Lewiston Rd. asked about the reserve accounts and whether the crisis is part of the town’s charter.
Town Manager Cabana explained the undesignated fund balance, capital reserve and the crisis fund. The crisis fund is 1 month’s operating amount and is in excess of what the town is required to have.
Gary Foster, 6 Pennell Lane commented on the use of existing funds to offset the budget and the increase in the recreation department. He indicated that it appears that that line item has been increased. He does not believe it is up to government to help raise children. He did not agree with the letter sent by the recreation department director. Many people are struggling with taxes and a small increase could be difficult for some. The proposed increase is nearly18% over last year. The lower percentage of mil rate increase appears on the surface to be good, but using the reserves to offset it helps minimize this amount.
Fran Monroe, 23 Lewiston Rd agreed with Gary but believes that there should be some opportunity available to help parents with their children. She believes that parents are paying for this and the town is providing the labor to pay for this opportunity. It’s a small part of the budget with many rewards. She has concerns about the lack of library revenue, but this is $250,000 item for the library. She was concerned about the amount of staff for the library and that some staffing for the library should be eliminated. She shared information on how much money comparable communities spend on their library. She believes that the library budget is high and should be reviewed. There are other areas in the budget that need more money.
Chair Mancini asked for more information on the library comparison and what is the source?
Fran Monroe indicated that it comes from the Maine State Library website.
James Monroe, 23 Lewiston Rd asked about Walker Tire Building in particular purchasing it versus the leasing options. He also asked about the property offset as a result of the town potentially owning this property. He inquired about the TIF District and what the impact would be if the Walker Building were to be removed. He is concerned about the walkers in the road. The sidewalks on Rte 100 to Gray center were impassable due to the snow, yet there is some money budgeted to clear the sidewalks. He does not believe that any money in the budget should not be spent unless there is a benefit.
Mary Miller, Yarmouth Rd asked about plowing private roads. She believes that amount is high and perhaps could be cut and put into recreation budget.
Town Manager Cabana explained past history and the change in the private road to public easement. The town is obligated to do this at this time
Tina Martel, 16 Lorraine Dr. has concerns that there has been a lot of focus at tonight’s meeting on the recreation department, which is a small line item. She believes it is part of the marketing opportunity for the town. The recreation department is an outlet for the community. She considers the fees to be reasonable and also supports the full budget. She is impressed with many of the council’s decisions and thinks that it is important for the town to make investments.
Dean Bennett, Parks and Recreation Department Director commented that the budget for the recreation department is primarily staff, but there are also other items such as the beach, utilities and the like. The Enterprise Fund has 23 separate accounts and 90% is self supporting. Some of the operations budget will be going to the Enterprise Fund.
Tina Martel commented that times have changed and a safe environment is important.
Gary Foster indicated that at the last council meeting, he suggested establishing a dedicated fund to help raise money to support the Recreation Department to make it primarily self funding. He is concerned that there has been a change in the focus on funding this program. He asks that the council still consider the establishment of this fund.
Chair Mancini asked for more details on this dedicated fund and how it would be set-up
(as a 501c3 for example).
Councilor Scheckel indicated that there will be some fundraisers to help establish this. She indicated that the recreation committee has revitalized itself to work towards what Gary is describing.
Matthew Sturgis, 8 Glen Cove Rd. applauds the council’s efforts on their work for this budget. He commented on the volunteer work to help the library and the recreation department which helps keep these programs going.
Tina Martel asked if there has been growth in the community in the last 3 years. She believes that the growth indicates that there is room for this in the budget.
Councilor Upham indicated that 2 years ago it was 2.6% and last year it grew less.
Fran Monroe asked about the wording of the Warrant. She asked if this can be brought up at the town meeting.
Town Manager Cabana indicated that only decreases can be suggested at Town Meeting, not increases.
Wade Trudel had many concerns about the budget, in particular the reduction of road maintenance. He believes that the handling of the proposed Walker Tires is a disservice to the community as it was wrong for this to be done without taxpayer approval.
Chair Mancini indicated that the fire chief made a presentation and this has been in review for some time. She indicated that there is a slide presentation on local cable channel 2 outlining the benefits of doing this.
Wade Trudel indicated that as a capital decision, the facts should have been presented to the town and let them decide and believes this action has indebted the town through a lease. He strongly disagrees with the process.
Town Manager Cabana indicated that the structure of the governing process of the town allows the Town Council to make decisions on behalf of the citizens. She described the leasing options for this building and indicated that this was discussed at an open town council meeting in January.
Councilor Upham indicated that in the structure of the Warrant, Article 18 and 19 has a decision criteria and Article 3 if ratified, would be for a purchase. It Article 3 fails, then decisions will have to be made in Article 19, for the leasing option. He indicated that while this is not the best format, there is public opportunity.
Fire Chief Plummer indicated there are a short term lease until June, then the option to purchase. If this doesn’t happen, then long term leasing is another option. If that fails then the Department will go back to the other station and try again another year.
Peter Gellerson believes that the savings garnered on the proposed items for the fire station is a good one.
Councilor Crane supports it, but agrees with Wade Trudel on the public process.
Wade Trudel indicated that his comments do not reflect the Chief’s work.
Fran Monroe asked about the warrant. She asked if documentation will be included. She indicated that she thought the public would like a survey at the town meeting, but that the Pennell survey was not very successful. She indicated that Pennell should be given to the Historical Society in trust and that it be part of the June 10th vote.
Marie Morey, Library Director indicated that over 82,000 pieces of material were circulated last year and that there are many town card holders.
Tina Martel indicated that the survey process is a good one and perhaps if it is done another time it might generate more response. She appreciated seeing the content of the survey to help her complete it.
Lou Mancini asked Town Manager Cabana if the use of the reserve funds for the budget is unprecedented and asked for clarification. If it has been done in the past, he commented as to why there are concerns about doing this for this year’s proposed budget.
Town Manager Cabana gave an overview of past budgets where undesignated funds were used and the status of things this year. A number of costs this year are unavoidable (rising fuel costs impacting line items for example).
Lou Mancini indicated that being more proactive and less reactive will be beneficial to the community and to look at what unites the town rather than divide it.
Brad Fogg, 27 Shaker Rd supports the public communications department budget and the process the council has taken to fund it is a good one. He clarified that the cable account has been going on for 25 years for the amount to grow to where it is at present.
Fran Monroe expressed concerns that her library comments were misunderstood. She did not say that it was less important, but does believe that there should be cuts as it is overfunded.
Third Order of Business: ORDERS
Item #097-08 To review and act upon the proposed articles for the May 3, 2008 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 Scheckel moved, Councilor Hutchins seconded
Ordered the Gray Town Council approves the proposed articles for the May 3, 2008 Town Meeting Warrant and further orders the warrant to be duly posted in accordance with Maine law.
Councilor Upham commented that the documents he has contain some errors. He cited article 14.
He believes the amount stated is incorrect. He indicated that the amount in Article 14 was counted twice and should be reviewed.
Town Manager Cabana indicated that there were communications sent to the councilors changing Article 12 and read the change and had the town attorney review this. There was also discussion on content of Article 2.
Councilor Crane asked if that amount was put in Article 15.
There was discussion on the amounts and wording of the articles. Councilor Upham asked that the accountants review the numbers. He also believes that the school budget is well within the range for the town to pay.
Councilor Crane commented that on super Saturday there was debate on a 5% budget. Each department’s 5% does not bring the overall budget to 5% since some are higher than others. He believes that 11% is too high.
Councilor Scheckel believes that it is a good budget and it is a disservice to the town to cut programs and hopes the town supports it.
Councilor Hutchins agrees and supports the budget as a lot of effort was put into preparing the budget and hopes the town support it.
Chair Mancini indicated that she appreciates all the efforts of the town manager and department heads. There are some costs that are fixed and there are savings in health insurance for example. She supports the budget and hopes that the town supports it on May 3rd.
Councilor Upham moved, Councilor Crane seconded
Ordered the Gray Town Council amends the proposed articles for the May 3, 2008 Town Meeting Warrant as follows:
Article 2: add $394,300 to the total amount of $2,681,737
Article 4: change $120,00.00 to $116,000
Article, 12: change $61,010.00 to $39550.00 which is a reduction
Article 13: suggested that this be reviewed
Article 14: change $5,010,730.68 to $4,949,720.68
Article 15: changes in the amount
Article 16: changes in the amount
Article 17: changes in the amount
Article 18: change $700,356.73 to $657, 356.73,
Article 19: add $24k more.
Article 20: change$1,820,597.88 to $1,755,197.88
Article 21: review
Article22: remain the same
Article 23: change $56,713.00 to $45,913.00
The motion as amended: 2 Yes - 3 No (Councilors Scheckel, Mancini, Hutchins)
The main motion: 3 Yes - 2 No (Councilors Crane, Upham)
Item #098-08 To review and act upon the proposed contract amendment with TD Banknorth regarding banking services. Sponsor- Town Council
This action requires a majority vote after an opportunity for public comment.
Contract Amendment
TD Banknorth agrees to meet with the Town of Gray on a quarterly basis throughout the remainder of the contract term, June 30, 2009. The purpose of these meetings is to determine the most advantageous index to provide for the investment rates for the Town’s Money Market Accounts and Cash Management Account. The current index options for the Money Market Accounts are Fed Funds plus 100 basis points or End of Month LIBOR. Effective March 27, 2008, Fed Funds is 2.25% and End of Month Libor is 3.11%.
TD Banknorth agrees to provide Money Market Account investment rates for the Town of Gray’s three accounts equal to 5.15% (5.27% APY) through June 30, 2008. Beginning on July 1, 2008, and ending September 30, 2008, the rate will change to 3.50% (3.56% APY). Beginning October 1, 2008 and ending December 31, 2008, the Money Market Interest rate will be indexed at Fed Funds plus 100 basis points or 3.00% whichever is higher.
Beginning January 1, 2009, through June 30, 2009, TD Banknorth and the Town of Gray will meet quarterly to determine the most advantageous index to provide for the investment rates for the Town’s three Money Market Accounts. The current index options are Fed Funds plus 100 basis points or End of Month LIBOR.
All other conditions of the Banking Services Contract remain in place for the duration of the contract term, June 30, 2009.
Councilor Crane moved, Councilor Upham seconded
Ordered the Gray Town Council authorizes the Town Manager to sign the above contract amendment with TD Banknorth regarding banking services.
Peter Gellerson asked if the bank has the right to notify the town to change the interest rate.
Town Manager Cabana indicated that they have the right to cancel with a 90 notice.
Councilor Crane asked Town Manager Cabana her recommendations on this.
Town Manager Cabana explained the process and how they arrived at this amendment change and stated that it is up to the council to make this decision.
Councilor Crane is concerned as to what will happen if TD Banknorth cancels.
Town Manager Cabana indicated that there is interest from other financial institutions.
Councilor Upham asked for her guidance. She indicated that she does not support the amendment.
Councilor Scheckel agrees with the town manager and that a reduction impacts the revenue stream. Councilor Hutchins believes that the town should not renegotiate and does not support the amendment.
Councilor Upham asked if the town is prepared to give a 90 day notice if this is rejected. Town Manager Cabana stated that it is up to TD Banknorth to decide. Councilor Hutchins and Scheckel believe that the town would be prepared.
Peter Gellerson recommends that the council ask TD Banknorth to cancel.
Chair Mancini believes that to not honor the arrangement is not right and would like to see TD Banknorth honor its contract and not give the 90 day notice, but if they choose to do so, the town is prepared to send and RFP for these services
5 No (motion fails)
Item #99-08 To review and act upon authorizing of the Town Manager to sign the quitclaim deed for John M. Holmes, Map 31, Lot 36C of the Tax Assessors’ maps of the Town of Gray.
This action requires a majority vote after an opportunity for public comment.
Councilor Crane moved, Councilor Scheckel seconded
Ordered the Gray Town Council hereby authorizes the Town Manager to sign the quitclaim deed for John M. Holmes, Map 31, Lot 36C of the Tax Assessors’ maps of the Town of Gray.
5 Yes
Item #100-08 To review and act upon authorizing of the Town Manager to sign the quitclaim deed for Johnny Holmes, Map 31, Lot 40 of the Tax Assessors’ maps of the Town of Gray.
This action requires a majority vote after an opportunity for public comment.
Councilor Scheckel moved, Councilor Hutchins seconded
Ordered the Gray Town Council hereby authorizes the Town Manager to sign the quitclaim deed for Johnny Holmes, Map 31, Lot 40 of the Tax Assessors’ maps of the Town of Gray.
5 Yes
Item #101-08 To review and act upon authorizing of the Town Manager to sign the quitclaim deed for Robert C. Weiss Jr., Map 39, Lot 1C-1 of the Tax Assessors’ maps of the Town of Gray.
This action requires a majority vote after an opportunity for public comment.
Councilor Hutchins moved, Councilor Scheckel seconded
Ordered the Gray Town Council hereby authorizes the Town Manager to sign the quitclaim deed for Robert C. Weiss Jr., Map 39, Lot 1C-1of the Tax Assessors’ maps of the Town of Gray.
5 Yes
Fourth Order of Business: ORDINANCES: None
Fifth Order of Business:
Reports from the Council Chair: None
Reports from the Town Manager: Town Manager Cabana indicated that April 25th is the semi annual book sale at the library. The Transfer Station Spring Clean up is the same weekend. She asked the council their thoughts on the ordinance review process.
Councilor Upham indicated that it will go through the normal process.
Councilor Crane asked if there were concerns.
Town Manager indicated that there were some questions because the document is very large.
Councilor Scheckel asked if other documents would be included to help the council
Councilor Upham suggested that it be part of the work session.
Manager Cabana indicated that April 21st is a holiday and to requested to reschedule the finance committee workshop and work session. The next council meeting is May 6th and the town meeting is May 3rd.
Rescheduled dates were discussed and May 12th was suggested and follow up with George Thebarge for timelines.
Sixth Order of Business:
Committee Appointments and Resignations: None
Committee Reports: Councilor Scheckel indicated that the recreation committee has met and are continuing work for the town picnic, which is going well. She stated that the group has discussed criteria for scholarships and will then bring them to the council. There is a fundraiser being planned. There is discussion for minor renovation in the basement of Newbegin Hall for a place for young people to hang out in a supervised manner. CEDC committee will be meeting on Pennell archival.
Councilor Crane indicated that the Town Chebeague is now part of GPGOG and also mentioned discussions on cost sharing and long term costs. He will submit a budget for the town’s participation. He also discussed the town recognition award and the annual meeting.
Town Manager Cabana indicated that there will be Cumberland County Manager’s meeting and Gray is receiving a block grant for downtown revitalization.
Councilor Crane indicated that the final amount granted will be decided in July since there are final criteria to be determined.
Councilor Hutchins indicated that the ORC has met and has begun the review.
Council Correspondence: None
Council Business:
Councilor Scheckel indicated that she sent the newsletter to the council and indicated that some people asked to receive it electronically. She was looking for feedback on the best way to do this since much is time sensitive. There appears to be interest in the public getting access to getting the newsletter. There was a discussion about the best way to access it via the town’s website and it would create a message link to have it emailed. The council believes that whatever way is the easiest for people to get it is the way to go but not burden the town.
Town Manager indicated that once the budget is approved there will be many enhancements to the site.
Councilor Crane has some concerns with the town council meeting process in particular the consistency of the 3 minute public comment limit. He also commented that the council should follow Roberts Rules of Order for meeting process. He asked about the school maintenance program that was discussed in the school budget presentation. He asked if this type of thing is available for the municipal level.
Town Manager indicated that it is in the budget.
Councilor Upham commented on the following:
1. He read a letter on the investment of the Pennell Investment Fund. He commented that the fund can be reinvested in a safe manner, lowest risk (ex. Municipal bonds, banks, AAA funds)
2. Commented on Monaghan Leahy letter and had a conversation with Mike Hill
He reread Order 090-7 dated Feb. 2007 and commented that Mike Hill is not the town attorney but Monaghan Leahy is as stated in this order. He suggested that the order becomes a contract.
3. He read the letter from Mary Miller which was presented at tonight’s meeting on the town council order of 2007 to remedy an unsafe building and why has it not been done. He believes that this should be addressed as it is a hazard and it should be given some priority and charge the owner for the town’s initiatives for this building.
4. Twin Brooks have been pending on the Planning Board’s agenda. The ZBA’s order were very clear and that they work with the planning board and that the code enforcement officer should follow-up to make sure they seek closure with the planning board.
Town Manager Cabana commented on the unsafe property mentioned this evening and she will follow up on this issue. She also commented on the contract and attorney.
Councilor Upham believes that the orders should be implemented as written.
Seventh Order of Business:
Additions to the Agenda: None
Eighth Order of Business:
Council Action Items, Assignments and Issues Status: None
Ninth Order of Business: Adjournment
The meeting adjourned at 11:00
Minutes approved and accepted this May 6, 2008 by its Town Council:
___________________________________ ________________________________
Deborah Mancini, Chair Andy J. Upham, Vice Chair
___________________________________ ________________________________
Margaret Hutchins Marchian Crane, Jr.
___________________________________
Tracy Scheckel
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