MINUTES
GRAY TOWN COUNCIL MEETING
SEPTEMBER 16TH, 2008
7PM STIMSON HALL
Roll Call
Councilors Matt Sturgis, Mark Grover, Peter Gellerson, Tracy Scheckel, Margaret Hutchins
Town Manager Deborah Cabana
Others present and speaking: Steve Lavalle, Fire Chief Plummer, Ed Getty, Karen White,
Chris Baldwin
Pledge of Allegiance to the Flag
Minutes from Previous Meetings:
Approval of September 2, 2008, Town Council Minutes
Councilor Scheckel moved; Councilor Hutchins seconded.
Ordered the Gray Town Council approves September 2, 2008 Town Council Minutes as corrected.
Jerry Hanes name is spelled incorrectly. It is Haines.
The students participating with the Gray Fire Dept. should be listed as selected and accepted and not volunteering. This is a program that they have to apply for.
Page 9: Councilor Grover clarified his statement about the potential Town Hall at Pennell going into the first level. He proposed a change in the wording to add a question to pay for the first phase in reference to the discussion on the Pennell ballot question.
Page 2: Councilor Sturgis paragraph should read: recycling efforts versus pay per bag.
Page 6: Jerry Haines and not Jeffrey Hanes.
Page 1 and 8: Ed Getty not Ed Getting.
5 Yes
First Order of Business:
Public Comments of Non-Agenda Items – (limit 3 minutes per person)
Chief Rick Plummer commented on a software program to get a burning permit, which are still free.
The rules and process are all listed on their website. He also indicated that they offer chimney and
wood stove inspections for free and are happy to do so. Please call the fire station. He also asked that
people check their smoke detectors. They can also help install them if needed. Fire Prevention week is
Oct. 7-11 and the Open House is Sat. Oct. 11th
He also indicated that there has been a continued sharing with the Town of Raymond for services.
Raymond has gone further by meeting with Casco/Naples and he asked for comments from the Council
on proceeding further with them to help with cost sharing, group purchasing etc. Chief Plummer gave
some examples. The Councilors were very supportive of his efforts and encouraged him to pursue it
further.
Councilor Gellerson asked about doing something more about getting the word out about the
inspections, such as signage at the station. Fire Chief Plummer indicated that they are working to get
information on their website and they will be at the Cumberland Fair.
Councilor Gellerson asked about New Gloucester on their combined efforts. Chief Plummer indicated
that efforts are being made.
Councilor Sturgis asked about a brochure on insulation and whether or not they had some. Chief
Plummer indicated that demand for it has been high, but they should be getting some soon.
Karen White, Secretary, Friends of Little Sebago indicated that a packet left at Town Hall may not have
reached everyone and will give copies to the Council on TwinBrooks.
Ed Getty expressed his concerns about the progress on TwinBrooks and believes that a study late in the
season may not be the best. He indicated that he was disappointed the Code Enforcement Officer’s
comments on the violations.
Steve Lavalle, Public Works gave an overview of some of the projects in progress and the final
completion of the Mayall Road project and indicated that there have been some inconveniences and the
road will be closed again for the Turnpike portion of the project. He indicated that some roads in the
Town that were scheduled to be paved may not be due to high increases in paving materials. He
stated that the Public Works project appears to be on schedule and hopefully ready by February.
Second Order of Business:
Third Order of Business: ORDERS
Item #028-09 (Reconsideration) To review and act on an Order to call a Special Town Meeting for November 4, 2008 regarding Issuance of General Obligation Bonds to Pay for Renovations to Pennell Institute for a new Town Office Complex to be Voted on by Referendum Ballot. Sponsor – Councilor Scheckel
This action requires a majority vote after an opportunity for public comment.
Councilor Scheckel moved; Councilor Sturgis seconded.
Ordered the Gray Town Council reconsiders Item #028-09.
Councilor Grover asked why this is being reconsidered. Councilor Scheckel commented that the language on paying down the bond should be tightened.
5 Yes
Councilor Scheckel moved; Councilor Hutchins seconded.
Ordered pursuant to Article VIII of the Town Charter, that a Special Town Meeting be held on November 4, 2008, in conjunction with the Federal and State elections on that date, to vote by referendum ballot to issue general obligation bonds, in an amount not to exceed to pay for Pennell Institute renovations for the new Town Office Complex. Be it further Ordered that the Town Clerk be, and hereby is, authorized and directed to take such actions as are required by law to provide for notice of the same to be published and/or posted as required by law and to have absentee ballots ready for the special Town meeting as required by law. Said ballot question and explanatory note will be as follows:
Article 2 Shall the Town authorize the issuance of up to $2,400,000 ($2.4 million) in general obligation bonds or notes to pay and reimburse the costs to renovate the Pennell Institute, including the 1954 addition, to provide a new Town Office complex and to pay for costs of engineering and design of certain improvements thereto, hereby authorized and appropriated, with the details of such bonding (including provisions that the bonds may be prepaid or subject to call for redemption with or without premium) to be determined by the Town Council? (The Town Council recommends a Yes vote). Total estimated debt service of this bond issue is $3,534,000, of which principal is $2,400,000 and estimated interest at 4.5% over 20years is $1,134,000.
YES _______ NO _______
[Explanatory Note: Passage of this article authorizes the issuance of general obligation bonds of the Town of Gray in an amount not to exceed $2,400,000 ($2.4 million) to pay for the renovation of the original Pennell Institute building, including the 1954 addition, to provide for a new Town office complex and public meeting space. The amount of the bonds shall be reduced by the proceeds, if any, from the sale of other Town-owned properties to be determined by the Town Council.]
There was a discussion on clarifying the explanatory note. Councilor Grover does not question the intent, but rather whether or not explanatory notes are binding.
Councilor Grover asked if this bond was for 20 years. Town Manager Cabana indicated yes.
5 Yes.
5 Yes on the amended vote.
Item #031-08 To review and act on the award of the contract for the provision of winter sand for the operations at the Public Works Department.
This action requires a majority vote after an opportunity for public comment.
Councilor Hutchins moved; Councilor Sturgis seconded.
Ordered the Gray Town Council awards the 2008-2009 contract for the provision of winter sand, for the operations at the Public Works Department to Portland Sand and Gravel.
Councilor Grover commented that there was a tie between the top 2 bidders.
Steve Lavalle stated that Portland Sand and Gravel is a 9 mile round trip while Emerson is 28 miles round trip, and a difficult road, and he indicated that it is less expensive for the Town to haul it rather than have it delivered.
Councilor Gellerson asked whether or not it would be easier on Public Works to have it delivered. Steve commented that overall doing it themselves is easier and better.
Councilor Sturgis supports the idea of using a local business and supports Steve’s decision. Steve stated that they are reliable.
Councilor Grover asked about the homeowner sand location. Steve stated that they will move it closer to the road to accommodate the public.
5 Yes
Item #032-08 To review and act upon the measures (6), (12) and (20) of the document Recommended Measures to Improve Public Access, Involvement and Confidence in the Gray Town Government, dated August 19, 2008. Sponsor – Councilor Grover
This action requires a majority vote after an opportunity for public comment.
Councilor Grover moved; None seconded.
Be it Resolved by the Town Council of the Town of Gray, Maine in Town Council assembled that the Gray Town Council agrees in principle with measures (6), (12) and (20) of the document Recommended Measures to Improve Public Access, Involvement and Confidence in Gray Town Government, dated August 19, 2008.
Councilor Sturgis asked what would be the binding nature of approval of this resolution and asked for
thoughts from others on this.
Councilor Grover indicated that his intent was to provide an opportunity for the Council. Two are
requests for agreement on Council operations. One other item was some guidance for the upcoming
budget.
Councilor Scheckel indicated that she does not believe that any of these items require a resolve action.
Councilor Grover indicated that items to be discussed should be handled as motions. There was a
discussion on the use of the process of a resolution. Councilor Sturgis stated that a resolve has weight.
Councilor Grover indicated that he has made attempts since June per the request of Council to submit
the items 3 at a time. He indicated that this is an attempt create an increase in community confidence.
The other Councilors believe that they are already doing so and Councilor Gellerson stated that this
formal process is redundant.
Councilor Grover believes that this is not an assessment on any kind of failure of the Council, but, there
have been some loss of confidence by some townspeople. He asked his fellow Councilors what they
want him to do and would like to know their opinions. Councilor Scheckel indicated that some items are
not in their control and suggests that perhaps the group come up with 3 that everyone can support and
are the most viable from the list of 21 items that Councilor Grover has created. Councilor Gellerson
suggested that this idea could be discussed further at the next Council meeting. The group agreed.
Item #032-08 fails
Item #033-08 To review and act upon the Town of Gray Committee Priorities. Sponsor – Councilor Grover.
This action requires a majority vote after an opportunity for public comment.
Councilor Grover moved; Councilor Scheckel seconded for discussion
Be it Ordered by the Gray Town Council of the Town of Gray, Maine in Town Council assembled that the town committees should commence work on the subjects as listed below:
Councilor Scheckel commented that a correspondence to each of the committees on their charge be given and ask them to provide information on how and what they are doing relates to the comprehensive plan and charter. From that, guidance and suggestions can be provided.
Councilor Hutchins indicated that it is difficult to comment on committees she is not responsible for and gave some examples of some of their tasks and discussions and agrees with Councilor Scheckel on finding out what they are doing and how they see themselves in their role on these committees.
Councilor Sturgis suggested meeting with one committee for the subsequent meetings to review their charge with them. Councilor Gellerson asked about committee annual reports. Town Manager Cabana indicated that some are missing.
Councilor Gellerson indicated that all committees need to be looked at and whether or not any should be eliminated. Councilor Scheckel indicated that ORC might need to be changed and the tasks handed over to attorneys and that they can be an oversight committee.
Councilor Grover commented that the committees’ annual reports are important to get updates and information in order to give them direction for the upcoming year.
Town Manager Cabana indicated that there some elements that are contingent on the completion of these annual reports.
There was an extensive conversation about their roles and the relationship of the Council’s role as liaison and that having the committees meet the Council may be helpful. Councilor Grover believes that at some point there needs to be agreement by the Council on the direction of these committees. Councilor Scheckel indicated that with so many new people, discussing with them their roles and activities in relation to the comprehensive plan. Councilor Grover proposed some items that can be included and possible meeting times. There was a discussion on whether or not all committees need to meet. Some Councilors believe that it is good to meet them. Councilor Gellerson suggested including this in the next agenda and develop a schedule to meet and get updates on their reports.
Councilor Grover asked about the work on the Mass Gathering Ordinance with the Public Safety Committee. Councilor Hutchins stated that they have been reviewing it and will meet again and then they will present it when they have completed their suggestions.
Councilor Grover commented on the work of 401 and 402 and expressed concerns about where and who public comments and questions can be handled. He believes that someone should be tasked to handle this. He suggests that questions be handled by the planning consultant.
Councilor Scheckel indicated that Ordinance Review 401 and 402 are not the only ordinances that will be commented upon. She does not believe that there should be one point person, but training the committees to understand their roles in getting this feedback back to the Council or other appropriate person. Councilor Grover would like to encourage the committees to submit these items in writing.
Town Manager Cabana stated that ordinance amendments tend to occur when they don’t work for the public. She indicated that there will be some tweaking to these ordinances as they are applied. If the problems occur and the changes are for the good of the whole then tweaking can occur. Staff has already begun lists of some items that may come up in 401 and 402.
Councilor Grover indicated that Council Rules, FAQs, Section 2 of Comprehensive Plan could be emailed to the committees. Councilor Scheckel indicated that delivery in person or by mail to them and has more impact.
0 Yes/ 5 No (Motion fails)
Item #034-08 To review and act upon establishing a special committee to be called the Street Ordinance Review Committee. Sponsor – Councilor Gellerson.
This action requires a majority vote after an opportunity for public comment.
Councilor Scheckel moved; Councilor Hutchins seconded.
Ordered the Gray Town Council establishes a special committee to be called the Street Ordinance Review Committee and further requests that the Town Manager advertise for committee members, who meet the qualifications recommended by the Planning Consultant.
Councilor Gellerson stated that George Thebarge gave his recommendations. Councilor Scheckel read the recommendations from George for representation on this committee.
Councilor Gellerson believes that the Town Engineer only needs to be on this and include another citizen.
Councilor Sturgis asked why the Public Works Director is not on the committee.
Town Manager Cabana stated that George intends to have the Public Works Director as part of this group.
Councilor Hutchins commented than an ORC member may not be needed, but the Public Works Director would be appropriate.
Councilor Gellerson asked if there was any public comment.
Councilor Grover asked that flexibility be considered.
5 Yes
Fourth Order of Business: ORDINANCES:
Item #035-09 (Emergency Ordinance) To review and act upon an amendment to the Town of Gray Parking Ordinance, Chapter 502.
This action requires a majority vote after an opportunity for public comment
Councilor Sturgis moved; Councilor Scheckel seconded
WHEREAS, there is increasingly busy, high speed traffic in West Gray along the West Gray Road (State Route 202), such that on-street parking in certain areas of west Gray creates an unacceptably high risk of traffic and pedestrian accidents, which could result in serious bodily injury or death; and
WHEREAS, to continue to allow on-street parking in such areas of West Gray poses serious threats to the public health, safety and welfare of the residents of Gray abutting or in close proximity to the West Gray Road (State Route 202) and to those visitors to the community who might not understand the risks involved in parking on the West Gray Road (State Route 202); and
WHEREAS, the Town will need at least sixty (60) days to develop and implement the necessary amendments to the Town’s Parking Ordinance (Chapter 502) to discuss and evaluate the same and to draft any necessary ordinance amendments; and
WHEREAS, in the judgment of the Town Council, these facts create an emergency within the meaning of Art. II, Sec. 14(D) of the Town Charter and require the following Emergency Ordinance as immediately necessary for the preservation of the public health, safety and welfare;
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Gray, Maine in Town Council assembled, that the following Emergency Ordinance is hereby imposed, effective immediately, and applicable, to the maximum extent permitted by law, to all proceedings, applications and petitions that have not received a substantive review within the meaning of 1 M.R.S.A. §~302 as of September 16, 2008 (the date this Emergency Ordinance first appeared on the Town Council agenda) and until the effective date of the necessary amendments to the Town’s Parking Ordinance or until November 15, 2008, whichever occurs first:
1. Amend Sec. 502.2, Restrictions, of Chapter 502 Parking Ordinance, by adding a new subsection P, as underlined below, as follows:
P. There shall be no parking on the West Gray Road (Route 202) westbound from #304 West Gray Road, Town Tax Map 17, Lot #6 to Central Maine Power Pole #141, and eastbound on West Gray Road (Route 202 ) from the Windham and Gray town line to Central Maine Power Pole #115. There will be no parking on the Cambell Shore Road northbound from the intersection of West Gray Road (Route 202) and Cambell Shore Road to #14 Cambell Shore Road, Town Tax Map 17, Lot #16 and southbound from Central Maine Power Pole #7 to the intersection of West Gray Road (Route 202) and Cambell Shore Road.
2. Amend Sec. 502.4, Penalty, of Chapter 502 Parking Ordinance, by adding a new last sentence, as underlined below, as follows:
Every person convicted of a violation of this ordinance shall be punished by a fine of not less than ten (10) dollars nor more than fifty (50) dollars for each such violation, to be recovered by complaint to the use of the Inhabitants of the Town of Gray. The restrictions contained in Subsection 502.2(P) of this Ordinance may also be enforced by the Cumberland County Sheriff’s Department and/or the Maine State Police provided the restricted areas are properly signed.
BE IT FURTHER ORDAINED, that those provisions of the Town’s Parking Ordinance (Chapter 502) and any other regulations that are inconsistent or conflicting with the provisions of this Emergency Ordinance, are hereby repealed to the extent that they are applicable for the duration of the Emergency Ordinance hereby ordained, but not otherwise.
EMERGENCY CLAUSE/EFFECTIVE DATE:
In view of the emergency cited in the preamble, this Emergency Ordinance shall take effect immediately upon passage by the Town Council, and shall apply, to the maximum extent permitted by the law, to all pending proceedings, applications and petitions that have not had a substantive review pursuant to 1 M.R.S.A. § 302 as of September 16, 2008.
Councilor Grover commented that he has never seen nor has found a copy of the parking ordinance. He could not find this one on the website. He asked if Stonehedge is subject to the Open Air/Flea Market Ordinances. He is concerned as to whether or not this is already part of the process.
Town Manager Cabana indicated that there had been some updates on this ordinance as there were no copies available earlier, but will now appear on the website. She has passed along and discussed Councilor Grover’s question within the Town Office. This issue is specifically a traffic related issue. But, the Open Air/Flea Market Zoning is being reviewed to try to get answers.
Councilor Sturgis reminded the group to continue to have a dialogue with Stonehedge. Councilor Gellerson stated that Stonehedge owners were disappointed that they were not involved in the process.
Town Manager Cabana clarified that their expectation tonight was for the Mass Gathering and not the parking issue. Stonehedge supports this parking issue.
Chief Plummer indicated that they are having discussions with them and that the Town is trying to address public safety issues. He indicated that they are supportive and have made some changes and will continue to do so.
Councilor Sturgis asked about enforcement. Chief Plummer commented that he has spoken with the State Police and Sheriff’s office and they will monitor this area.
5 Yes
Fifth Order of Business:
Reports from the Council Chair:
Councilor Gellerson commended the Fire Department for their works.
Reports from the Town Manager:
Town Manager Cabana thanked Nathan Tsukroff for his contribution for a Council photo. She also indicated that there will be social meeting with the Council and staff. She reminded the group that tax bills have been sent and to notify the Town of errors.
She discussed a meeting of the Joint Leaders and that there has been a discussion on sharing an IT person between the Town and the School Department. She also indicated that there was a discussion on having the May Town Meeting at the High School.
The auditors have been conducting its annual review and that bonds are going to be sold.
There will be a televised, informational program on local cable on the bond question and indicated that the cost equals $25 for every $100,000 of valuation
Sixth Order of Business:
Committee Appointments and Resignations: NONE
Committee Reports: Councilor Hutchins briefly described her committees’ work and meeting schedule.
Councilor Scheckel stated that CEDC will be meeting and that the Recreation committee needs new members.
Councilor Grover gave an overview of the Library Trustees Committee and is excited about their goals.
Dry Mills Schoolhouse has some new members and some visitors who may be interested and gave an overview of their plans and schedules.
Councilor Gellerson plans to meet with ZBA next week.
Council Correspondence:
Councilor Scheckel commented on a new water main on Route 115 that has not been hooked up. She contacted the Water District and Councilor Gellerson contacted the DOT. She indicated that DOT will not likely be working on 115 anytime in the future and she will relay the letter to the Water District.
There was also a letter from Matt Johnson of North Raymond Rd. on the lack of a police department or contracted police force and his concerns and suggestions on this issue.
Council Business:
Councilor Scheckel reviewed the award recipient process to nominate citizens and they will be presented
at a dinner in November. These nominations will be posted on the website and available at Town Hall.
Town Manager Cabana reminded the group that as this year is a Presidential Election, the earlier things
can be done, the better and suggests selecting the event date.
Councilor Sturgis suggests the deadline for October 18th. Town Manager Cabana reminded the group
that these nominations are a surprise. November 21st is the event date.
Councilor Grover discussed the action item list and asked about the real estate RFP. Town Manager
Cabana indicated that there have been some calls. Councilor Grover suggests some further discussion to
offer guidance to the Town Manager on the upcoming budget process and asked for further suggestions.
Town Manager Cabana indicated that at present with all of her responsibilities and the upcoming
elections, the budget will need to be discussed after November. She stated that administration will do
what the Council would like to do and discussed the work on the part of the department heads. She gave
a brief overview of some of the potential budget items that may come up and ask that department heads
be given the opportunity to talk about their needs and goals.
Councilor Scheckel indicated that department head goals would be good prior to the commencement of
the budget process.
Councilor Sturgis reminded the group that there is also state funding numbers which arrive often after
the budget process. The goals are in the current budget and it is premature to discuss the new budget
when department heads are trying to figure out whether or not their current budgeted numbers will meet
their objectives for this fiscal year. Councilor Scheckel believes that the group should have information
on their goals early on.
Councilor Grover reminded the group about fuel costs. He asked about the legal status of the Dry Mills
Fire Station. He indicated that it is included in this year’s revenue for it to be sold.
Seventh Order of Business:
Additions to the Agenda:
Review of Next Town Council Agenda:
Councilor Sturgis moved; Councilor Scheckel seconded.
Motion to suspend the Council Rules
Councilor Sturgis discussed the potential replacement of a culvert on the Totten Road
5 Yes
Councilor Sturgis moved; Councilor Scheckel seconded.
Ordered the Town of Gray joins into a partnership with Cumberland County Soil and Water Conservation District by accepting the grant monies from the Presumpscot River Watershed Initiative ($20,000) and the Habitat Restoration Grant ($12,500) for the purposes of installing a culvert on the Totten Road. Anticipated costs for the Town of Gray will be around $10,700.
Steve Lavalle indicated that this opportunity is a great opportunity for the Town.
Councilor Gellerson asked about the $10,700 Town contribution. Steve indicated that he will use existing funds for the Town’s contribution.
Chris Baldwin, Cumberland County Soil and Water District gave an overview on the process for this project. The reason it is very quick is that this must be done by October 1st per inland waterway regulations. He indicated that there is a public awareness effort on this process.
5 Yes
Eighth Order of Business:
Council Action Items, Assignments and Issues Status:
Mobile Vendor License Ordinance Amendment.
Clarify Committee Priorities
Fuel Usage – Revisit October 2008
Parking Ordinance
Mass Gathering Ordinance
Department Head Goals
Update Personnel Policy/Administrative Code
There was a review of the process for communicating with the various committees. Councilor Grover asked that someone draft a letter for this packet.
Ninth Order of Business: Adjournment
Councilor Scheckel moved; Councilor Sturgis seconded
Motion to Adjourn
5 Yes
The meeting ended at 9:50pm.
Minutes approved and accepted September 16, 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.
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