MINUTES
GRAY TOWN COUNCIL MEETING
July 15, 2008
STIMSON HALL –7:00 P.M.
Prior to the motion to enter into executive session, Town Manager Cabana administered the official oath to the new Town Council member, Matthew Sturgis.
Councilor Scheckel moved; Councilor Hutchins seconded
Ordered, the Council will go 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 ..
5 Yes
The Town Council entered into executive session at 6:08pm.
The Town Council exited executive session at 6:58pm.
Roll Call:
Councilors Matthew Sturgis, Mark Grover, Peter Gellerson, Tracy Scheckel, Margaret Hutchins.
Town Manager Deborah Cabana.
Others present and speaking: Mary Miller, James Monroe, Fran Monroe, Fire Chief Plummer, Gary Foster.
Pledge of Allegiance to the Flag:
Minutes from Previous Meetings:
Approval of July 1, 2008, Town Council Minutes and July 7, 2008 Executive Session Minutes.
Councilor Scheckel moved; Councilor Hutchins seconded.
Ordered the Gray Town Council approves July 1, 2008 Town Council Minutes as corrected.
4 Yes – 1 Abstained (Sturgis)
Councilor Gellerson noted on page 3 beginning with Councilor Grover… “minor items.” He suggested that it say “minor bid items omitted.”
Councilor Hutchins, moved; Councilor Scheckel seconded
Ordered the Gray Town Council approves the July 7, 2008 Executive Session Minutes as presented.
4 Yes – 1 Abstained (Sturgis)
Councilor Grover motioned; Councilor Hutchins seconded;
Ordered the Gray Town Council approves the July 10 special Town Council meeting as presented.
3 Yes (2 Abstained-Scheckel & Sturgis)
First Order of Business:
Public Comments of Non-Agenda Items – (limit 3 minutes per person)
Mary Miller stated that she does not approve the 3 minute time rule for people to speak at the public comments section. She asked about the unsafe building status behind the Mobil station and the progress of the order. She indicated that she had concerns that the order has not been enforced. She read the order and asked for an update.
Councilor Gellerson reiterated his position and the reasoning for the 3 minute time limit. Town Manager Cabana gave updates on the Town’s progress and that it is in litigation.
Mary Miller also asked the status of the code enforcement officer.
Town Manager Cabana indicated that the Town has hired a new code enforcement officer.
Fran Monroe asked why there is no yellow safety tape and that the Fire Department has not done anything with the property Mary Miller discussed. She indicated that she believes that the Council’s Executive Session is in violation of Maine’s Right to Know law and gave her reasons as to why. She referred to the June 23rd workshop session.
James Monroe asked why the Town does not get a summary judgment on the property Mary Miller discussed. He expressed concerns about the oil heating issue for Town buildings. He does not believe that there should be a cost adjustment until the Town knows what the amount will be. He believes that there should be a ballot item that indicates that over taxes collected should be given back to the citizens. He also discussed the CEDC meeting and questions the group’s qualifications to make recommendations. He also expressed concerns that the council representative should be an observer at this meeting.
Fire Chief Plummer commented that 5 propane tanks were removed a couple of months ago from the Blayne Gray property (property previously referred to by Mary Miller).
Fran Monroe read a section from this meeting and commented that the order had been changed without notification. She believes that this change should have been stated to the public.
Councilor Gellerson indicated the items Fran Monroe referred to were not discussed.
Second Order of Business:
Interviews: None
Public Hearing: None
Third Order of Business: ORDERS
Item #008-09 To review and act upon authorizing the transfer of unencumbered appropriations from one department, office or agency to another department, office or agency for fiscal year 2008.
This action requires a majority vote after an opportunity for public comment.
Councilor Scheckel moved; Councilor Hutchins seconded
Ordered the Gray Town Council authorizes the transfer of unencumbered appropriations from one department, office or agency to another department, office or agency for fiscal year 2008, as recommended by the Town Manager.
5 Yes
James Monroe asked the amount of money and its purpose.
Town Manager Cabana gave an overview of a packet that outlines the categories that have balances. She discussed the various department head’s efforts on their work to not overspend. She commented that there is a deficit in public works due to the past winter’s road maintenance. She handed out a chart to the Council giving a breakdown of the funds.
James Monroe asked about and reviewed the extra revenue to start the new fiscal year. He believes that the excess funds should offset the tax collection this year and should be returned to the public.
Councilor Grover indicated that only the public can make such a decision. Town Manager Cabana stated that the Town approved utilization of the undesignated fund balance at the May Town Meeting and at the voters ratified the budget on June 8th.
Fran Monroe asked if the check for the revaluation has been made.
Town Manager Cabana indicated that money has not been spent. One half of the cost for the totally revaluation project has been approved in the new fiscal budget. The second half of the cost of the project will be requested at next year’s budget process. The revaluation will occur once all the money has been approved by the voters for the project.
Fran Monroe asked for clarification on various revenue and appropriation figures. Town Manager Cabana explained the accounts and the figures.
Councilor Sturgis commented that he believes it is appropriate and he also agreed that there should be more consideration on the fuel oil savings.
Councilor Grover commended the department heads for their efforts and indicated that no decision on the fuel costs has been made. He asked about the General Assistance overage.
Town Manager Cabana explained that the General Assistance appropriation was under funded as a result of the budget cuts during last year’s Annual Town Meeting. General Assistance is one area that can be legally overspent. However, the overall Administration category was not overspent.
Councilor Grover believes that that the term “leisure services” (referring to the library and recreation) should be changed to better reflect the actual services provided.
Councilor Hutchins, Scheckel and Gellerson stated that they had no issues and commended the department heads on their efforts.
Item #009-09 To review and act upon the request for segregated funds from the fiscal year ending 2008 into the fiscal year ending 2009. Sponsor-Town Manager
This action requires a majority vote after an opportunity for public comment.
Councilor Hutchins moved; Councilor Scheckel seconded.
Ordered the Gray Town Council approves the request for segregated funds from the fiscal year ending 2008 into the fiscal year ending 2009, as recommended by the Town Manager.
5 Yes
Town Manager Cabana gave an overview of the funds and their amounts and some of the adjustments made.
Fran Monroe asked if the Pennell account was included among these funds. Town Manager Cabana indicated that no monies were in last year’s budget. Fran Monroe has concerns about the safety issue in the front of the building and that this should be repaired. She asked about the economic development project with George Thebarge. Town Manager Cabana explained the work George Thebarge is working on and the tasks he is doing. She indicated that the funds are for current projects not yet completed and are not new projects. Fran Monroe asked if George Thebarge’s fees are included.
Gary Foster suggested that the discussions be directed to the motion. He also explained the meaning of the segregated funds.
Councilor Grover asked about the funds transfer if they are not used this year. Town Manager Cabana indicated that it can only be done in the following fiscal year and then they go into the undesignated funds.
Item #010-09 To review and act upon assigning Council liaisons. Sponsor- Town Council
This action requires a majority vote after an opportunity for public comment.
Councilor Scheckel moved; Councilor Hutchins seconded.
To review and act upon assigning Council liaisons. Sponsor- Town Council
5 Yes
LIAISON |
COMMITTEE ASSIGNMENT |
~ |
~ |
COUNCILOR SCHECKEL |
COMMUNITY ECONOMIC DEVELOPMENT COMMITTEE |
~ |
GRAY GRANGE NO. 41 SCHOLARSHIP COMMITTEE |
~ |
RECREATION AND CONSERVATION COMMITTEE |
~ |
PINELAND REPRESENTATIVE |
~ |
FAIR HEARING AUTHORITY |
~ |
CDBG |
|
|
COUNCILOR GELLERSON |
ZONING BOARD OF APPLEALS |
~ |
FAIR HEARING AUTHORITY |
~ |
FINANCE COMMITTEE |
~ |
BOARD OF ASSESSMENT REVIEW |
|
GRAY BUSINESS ASSOCIATION |
|
|
~COUNCILOR STURGIS |
CENTRAL CORRIDOR COALITION |
~ |
PINELAND REPRESENTATIVE |
~ |
GREATER PORTLAND COUNCIL OF GOVERNMENTS |
|
PLANNING BOARD |
|
|
COUNCILOR HUTCHINS |
PUBLIC SAFETY COMMITTEE/ DRY HYDRANTS COMMITTEE |
~ |
ORDINANCE REVIEW COMMITTEE |
~ |
SOLID WASTE AND RECYCLING COMMITTEE |
~ |
CHARLES BARKER SCHOLARSHIP COMMITTEE |
~ |
~ |
COUNCILOR GROVER |
DRY MILLS SCHOOLHOUSE COMMITTEE |
~ |
LIBRARY BOARD OF TRUSTEES |
~ |
FAIR HEARING AUTHORITY |
~ |
GREATER PORLAND COUNCIL OF GOVERNMENTS (Alternate) |
|
CENTRAL CORRIDOR COALITION |
|
|
~GARY FOSTER |
~ECO MAINE |
Councilor Scheckel asked if others could take some of her assigned committees. There was a discussion
and some changes made.
Councilor Grover commented on the Dry Mills Schoolhouse committee and that they meet at the
daytime. It is difficult for him to attend day meetings.
There was discussion on Pineland Representative and PROP Board.
Fran Monroe commented that the Council representative for the CEDC committee should be more of an observer.
Councilor Grover commented that he has confidence in the councilors and their choices for the committees they will serve as liaison and hopes that the council members provide reports on these meetings and committee chair written reports.
Item #011-09 To review and act upon authorizing the Town Manager to accept the Community Development Block Grant funds and to enter into a contract with Cumberland County for the purposes of administering the program.
This action requires a majority vote after an opportunity for public comment.
Councilor Hutchins moved; Councilor Sturgis seconded
Ordered the Gray Town Council authorizes the Town Manager to accept the Community Development Block Grant funds and to enter into a contract with Cumberland County for the purposes of administering the program.
5 Yes
Town Manager Cabana gave overview of the process and the reason for this motion.
James Monroe asked about the contract and the process. Town Manager Cabana indicated that details needed to be provided in the application. He asked what happens to the surplus funds, if any, should the project come under budget and if it is concluded that the project can’t be accomplished with these funds. He asked what will be accomplished.
Town Manager Cabana gave an overview of the various elements. It is hoped that $45,000 to be left will be the property owners’ match. She explained the specific properties and the matching funds. She indicated that the property owners are anxious to contribute funds for improvements for the downtown. She also explained the criteria for hiring contractors etc.
James Monroe stated that he has concerns that there may be unexpected things that may arise. He asked about downtown fire station building and will there be a new owner in the future. Town Manager Cabana indicated that they hope that there will be.
Councilor Scheckel gave an overview of the process of an RFP for this building and indicated that it is not unusual for grant funds to help secure a new buyer. There was a discussion on the deed for this property.
Councilor Grover asked for an update on the RFP. Town Manager Cabana indicated that the item has been tabled pending the deed issue being resolved. There was a discussion on bringing this item forward. Councilor Gellerson asked if this can be resolved by the next Council meeting.
Councilor Grover cited some items on page 8 of the National Preservation Act and other items on page 16.
Councilor Sturgis commented that the matching funds could be helpful to a potential buyer and approves the wording of the proposal, in particular the timelines.
Item #012-09 To review and act upon authorizing the grant to the Gray Community Endowment for acquisition of Libby Hill premises.
This action requires a majority vote after an opportunity for public comment.
Councilor Sturgis moved; Councilor Grover seconded
Ordered the Gray Town Council table this item to the August 5th Town Council meeting.
5 Yes (Item #012-09 tabled to August 5th Town Council meeting.)
Item #013-09 To review and act upon approving a bid for the purposes of purchasing a new rescue pumper fire truck.
This action requires a majority vote after an opportunity for public comment.
Councilor Grover moved; Councilor Sturgis seconded.
Ordered the Gray Town Council authorizes the purchase of a new rescue pumper fire truck from Ferrara Fire Apparatus Inc. in Holden, LA for an amount of $255,071.00.
5 Yes
James Monroe indicated that eliminating the old truck for this replacement would be a good idea.
Fire Chief Plummer explained the vehicle being purchased and reminded the group that this item was approved a few meetings ago and that bids were put into to place and gave an overview of the pricing and the final vehicle price. He indicated that Ferrara Fire Apparatus is a great, local company, and the Town has other Ferrara vehicles. It is also a stock vehicle, which is cost effective. This cost was the low bid. The old Engine 4 will be sold.
Councilor Sheckel asked how much money the Town could get for Engine 4. Fire Chief Plummer stated due to age, not very much. He gave an overview of what a rescue pumper is and what it provides.
Councilor Sturgis asked about delivery. Fire Chief Plummer indicated that it should be in about 90 days.
Councilor Gellerson asked about future purchases. Fire Chief Plummer stated that in a couple of years there will need to be a new heavy rescue vehicle. This year and next year there will be a new rescue (ambulance).
Councilor Hutchins and Gellerson commended the Chief for his work on this.
Fifth Order of Business:
Reports from the Council Chair: Councilor Gellerson stated that there was a good tour of Pennell.
Reports from the Town Manager: Town Manager Cabana indicated that the Town now owns Walker Tire. This process was completed last week. She passed out an application form that is now online for people to participate on committees. She stated that the new code enforcement officer will begin tomorrow (July 16th) and will be the contact for the Zoning Board. She gave an overview of the Community Development Department and indicated that the duties of each of the Department will be available on the town’s website. She handed out a spreadsheet on prices that have been locked in. She stated that there are discussions on cutting consumption at all levels.
Councilor Gellerson stated that the Council is also discussing ways to cut costs but no final decisions have been made.
Town Council Cabana reminded the public of the new Town Office hours.
Sixth Order of Business:
Committee Appointments and Resignations: NONE
Committee Reports:
Councilor Hutchins indicated that ORC is meeting on July 16th.
Councilor Scheckel gave an overview of the Recreation committee’s meeting and CEDC. She brought the information that the Council had requested to CEDC and they will move forward on this project.
Councilor Grover encourages the public to volunteer on the Dry Mills School Committee. He also discussed the Regional Corridor committees and commented on the transit bus service item that is being discussed. The Library Board of Trustees will not meet until September and are in need of a couple of volunteers. He reminded the group that the committees need to create an annual report. He suggested that council members write some information for newspapers and other sources on the committees’ tasks and how the public can get involved.
Town Manager Cabana indicated that communications have been sent to committees. She also discussed the transit bus service issue.
Chair Gellerson indicated that Zoning Board will not be meeting in July and the Planning Board has only one upcoming item.
Council Correspondence: NONE
Council Business:
1. Discussion regarding the Town’s legal services
Councilor Gellerson believes that the Town should use the low bidder. While he has no issues on the the legal services provider, as they were not the low bidder, it is costing the Town more money. He recommends an order for the next meeting to move to the low bidder and wants to save the Town money.
Councilor Grover reviewed the minutes where the original decision was made and there was not a lot of information. He asked if there was a contract/agreement. At present, there is none. He is opposed to changes without the providers present.
Councilor Sturgis asked to quantify the costs and forecast the projected savings. He also asked to verify if there is no contract.
Town Manager Cabana stated that there was no signed contract. She read an email explaining the current arrangement. She stated that it is difficult to quantify costs but can try to get some information.
Councilor Grover stated that if there is any adverse information or other items about this, that it should be discussed at a Council meeting.
Councilor Scheckel indicated that always taking the low bidder is not always the right thing. She indicated that longevity of the relationship with a firm is and isn’t always a good idea.
This item will be on the next Town Council meeting agenda. Councilor Grover suggested interviewing the other firms. Councilor Sturgis suggested further discussion and inviting the other firms and making a decision in a month. The firms will be invited to attend the August meeting. Councilor Hutchins suggested bringing in the low bidder instead of all of them.
Mary Miller asked why only the 2 firms were discussed. She suggested starting the process over again by going out to bid as there are many other firms.
Councilor Scheckel and Town Manager Cabana agreed that an RFP would be a good idea as things may have changed and pricing may also have changed.
Councilor Sturgis suggested creating an order for an RFP for the next agenda to make the public aware of this.
Seventh Order of Business:
Additions to the Agenda: - None
Eighth Order of Business:
Council Action Items, Assignments and Issues Status:
Mobile Vendor License Ordinance Amendment.
RFP for Village Fire Station
Clarify Committee Priorities
Water District MOU
Fuel Usage – Revisit October 2008
Parking Ordinance
Mass Gathering Ordinance
Report on Ordinance Updates (401 and 402)
Department Head Goals
Councilor Scheckel commented on the water main around Rte 100 to Rte 115 as it is very old and asked about any updates and what can be done.
Councilor Gellerson indicated that there are State right of way issues and will try to find some information. Councilor Scheckel will find out issues from the Gray Water District side.
Ninth Order of Business: Adjournment
Councilor Scheckel moved; Councilor Hutchins seconded.
Motion to adjourn the meeting.
5 Yes
The meeting ended at 10pm.
Minutes approved and accepted August 5, 2008 by its Town Council:
_____________________________ ___________________________
Peter Gellerson, Chair Tracy Scheckel, Vice Chair
______________________________ ___________________________
Mark D. Grover Margaret Hutchins
_____________________________
Matthew Sturgis
* 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.
| 
