MINUTES
GRAY TOWN COUNCIL MEETING
OCTOBER 7TH, 2008
7PM - STIMSON HALL
Roll Call
Councilors Margaret Hutchins, Tracy Scheckel, Peter Gellerson, Mark Grover, Matt Sturgis.
Town Manager Deborah Cabana
6:00 P.M. - Executive Session:
Councilor Scheckel moved; Councilor Hutchins seconded;
Ordered, the Gray Town Council will enter into Executive Session, pursuant to Title 1, Chapter 13, Subchapter 1, Section 405, Subsection 6-E: “Consultations between a body or agency and its attorney concerning the legal rights and duties of the body or agency, pending or contemplated litigation, settlement offers and matters where the duties of the public body's counsel to his client pursuant to the code of professional responsibility clearly conflict with this subchapter or where premature general public knowledge would clearly place the State, municipality or other public agency or person at a substantial disadvantage (specifically personnel related issue and relative to property of Blayn Gray, located at 5 Yarmouth Road).
Councilor Sturgis moved; Councilor Scheckel seconded
Motion to exit Executive Session
The Council ended the Executive Session at 7:20pm
Pledge of Allegiance to the Flag.
Councilor Gellerson gave a brief description of the Executive Session topics and stated that the Town Attorney was instructed to handle these issues.
Others present and speaking: Dorothy Barry, James Monroe, Fran Monroe, Chris Miller, Gary Foster, Brad Fogg, Ron Smith, Matt Doughty, Al Palmer, David Pettigrew, Leona Crooker, Deb Mancini, Lou Mancini, Louise Knapp.
Minutes from Previous Meetings:
Approval of September 16, 2008, Town Council Minutes
Councilor Sturgis moved; Councilor Scheckel seconded.
Ordered the Gray Town Council approves September 16, 2008 Town Council Minutes as corrected.
Page 8- Councilor Grover- Parking and Safety ordinance should say, parking ordinance
5 Yes
First Order of Business:
Public Comments of Non-Agenda Items – (limit 3 minutes per person)
Dorothy Barry expressed concerns about the sidewalks on Libby Hill Rd due to the upcoming
Hannaford. She indicated that as proposed, it will pose problems on her property, including access to
the back area. She also indicated that there will also be problems with the crosswalks in relation to her
property. She asked who will plow the sidewalk and has that been budgeted. She believes that there
was no discussion with residents on this issue. She indicated that she emailed all members of the
Planning Board in July and received only one reply.
Town Manager Cabana stated that there have been communications with them and Hannaford. She
indicated that the proposed sidewalk is in the right of way not on her property, but that Hannaford will
put her bushes and mailbox anywhere on her property. Councilor Gellerson suggested getting updates
from George Thebarge to help answer her questions.
James Monroe stated that he is encouraging people to vote no on the Pennell issue. He believes it is too
expensive, and at the wrong time. He expressed strong disagreement on the figures and process and
cited some examples.
Chris Miller expressed his concerns about the Town’s borrowing for various projects given the financial
crisis. He believes that it will cost a considerable amount to maintain over time. He believes there
should be action to reduce spending at this time.
Fran Monroe asked about an item. Councilor Grover indicated that it is under Council Business at
tonight’s meeting.
She also asked where the funding is coming from for George Thebarge’s fees for the various tasks.
She read her comments expressing concerns on the spending, and revenue short fall during these
difficult times and where the funding is coming from. She also completed some of James Monroe’s
comments.
Gary Foster indicated that he agreed with James and Fran Monroe’s comments on the Town’s debt
service and funding for other projects. He expressed his concerns about the 3 minute time limit and that
other speakers were given more time. He cited a September meeting where he believed he did not get
the opportunity to complete his statements.
Brad Fogg commented on the editorial in the Independent and suggested that the Council looks at other
opportunities to place public notices given what the editor wrote. He asked citizens to write to the paper
on his comments.
Second Order of Business:
Presentations: Annual Audit by RHR. Smith, & Company
Ron Smith, Principal of RHR Smith, & Company gave an overview of the audit. He gave a PowerPoint
presentation, highlighting the report.
He gave an overview of:
1. The auditor’s letter.
2. Balance Sheet. Ron Smith indicated that the Town is fiscally sound.
3. Trust Funds
4. Insurances on accounts. The Town’s money is protected with Surety Bonds over and above the FDIC
levels. But, there needs to be alternative means on the part of the Town’s Bank to help with insurance.
5. Designated Funds. Recommends a change in procedure on how capital improvement funds are set- up. Ron Smith recommends pooling these funds together into 1 Capital Improvement Fund.
6. Budget to Actual. Ron Smith does not see any concerns in this area.
7. Within Budget to Actual- Auto Excise Taxes are declining. This is an obvious area of concern given the economy.
8. Capital Outlay- Ron Smith recommends that this be put under 1 fund.
9. Accounts- Ron Smith indicated that some accounts appear inactive and should be revisited and perhaps funds be rededicated back to the general fund.
Councilor Sturgis stated that he agreed with their recommendations, but expressed unease on the
insurances on their accounts. Ron Smith indicated that this is a concern that all banks are experiencing.
Councilor Sturgis asked whether or not the Town is well positioned. Ron Smith indicated that Gray is in
a good position fiscally.
Ron Smith recommends a more defined process on capital projects and a detailed Capital Plan.
Interviews: Individuals for various boards and committees
Matt Doughty, 66 Taylor Lane has applied for the Road Ordinance Review Committee. Matt gave an
overview of his work in the paving industry in both the public and private sector.
Councilor Scheckel asked whether or not he is committed to working on the committee not solely for
Taylor Lane’s interest. Matt indicated that he would be open minded and fully committed to the
committee to review the Ordinance as a whole
Also, Christina Kuchinski has applied to the Dry Mills Schoolhouse Committee.
Public Hearings: NONE
Third Order of Business: ORDERS
Item #036-09 To review and act upon making appointments to the various boards and committees. This action requires a majority vote after an opportunity for public comment.
Councilor Scheckel moved; Councilor Hutchins seconded.
Ordered the Gray Town Council appoints Matt Doughty as a regular member to the (Road
Ordinance Committee for a term to expire August, 2011 and Christina Kuchinski as a regular
member to the Dry Mills Schoolhouse Committee for a term to expire August, 2011.
5 Yes
Item #037-09 To review and act upon approving a proposed application for a CMP Pole Location, located at Depot Road.
This action requires a majority vote after an opportunity for public comment.
Councilor Hutchins moved; Councilor Sturgis seconded.
Ordered the Gray Town Council approves the proposed application for a CMP Pole Location, located at Depot Road.
5 Yes
Item #038-09 To review and act upon approving the contractor for the sidewalk improvements for the “Clark Block” project.
This action requires a majority vote after an opportunity for public comment.
Al Palmer of Gorrill Palmer gave an overview of the process for the “Clark Block” project. He indicated
that the Town would like to make improvements on the intersection of Main St and Route 26. He
indicated that 4 bids have been received as of October 6th. He stated that they bid on the sidewalks
with 2 completion dates. He indicated that it was recommended that the facades to be completed prior
to the sidewalks. At present, the November deadline for sidewalks will not be met. They are planning
to do them in the Spring of ’09. He stated that there will need to be a couple of CMP pole relocation
and anticipate receiving their budget within the next week. He suggests tabling this item until the next
meeting to have time to get all the budget information, then award the contract. He also indicated that
there are still some DOT information needed. He indicated that the project can be separated if need be.
Councilor Gellerson expressed concerns at how few bids were received. Al Palmer indicated that many
of them are booked for the remainder of the year and could not meet the first possible deadline of
November. He also asked if the pricing was different with the 2 possible deadlines. Al Palmer indicated
that it was varied.
James Monroe asked about getting a description of the plans. He asked if the parking spaces will
remains. Al Palmer indicated that yes, they would. He commented that CMP has more problems with
underground service.
Fran Monroe asked about the continued sidewalk. Al Palmer indicated that there needs to be a
beginning and end point and gave the locations and described what they will include. There was a
discussion as to whether or not this was in the original bid.
There was no action on this item.
Item #039-09 To review and act upon approving a proposed façade improvement program for the “Clark Block” project.
This action requires a majority vote after an opportunity for public comment.
George Thebarge gave an overview of the grant application for the “Clark Block” project. He has been
working with the owners of these buildings and they have been very interested in the participating in this
project. The appearance of the final project for this block would be similar to the 1900 era. George
Thebarge indicated that this can be the first step in the revitalization of the village. He did indicate that
the owners have had some difficulty maintaining the properties and he has been working with them to
come up with some matching funds. He explained that they have been trying to get some
implementation and completion of the project as this is helpful in scoring for future applications for
CDBG grants. He explained that they have been offered a donation to assist the matching portion and
gave an overview of this and the proposed timeline for completing the facades.
Councilor Scheckel expressed some concerns about the owners’ involvement in this program. She asked
if a loan of some type can be done. George Thebarge stated that while the owners are interested, a
couple cannot financially. She believes that there should be some way to have the owners be invested in
this project.
David Pettigrew has indicated that one of the building owners is making efforts for a contribution by
in-kind service help and gave an overview.
Councilor Grover asked if it is on the website. George indicated that it is.
The rest of the Council expressed support and thanked David for his donation.
Councilor Scheckel moved; Councilor Hutchins seconded.
Ordered the Gray Town Council approves the proposed façade improvement program for the “Clark Block” project at 5 and 7 Main St. with in-kind services provided by the Builders at Sandy Creek.
Leona Crooker asked if a 50-75% payback be asked of the owner’s upon the sale of the building.
There was a discussion on the aspects of the contributions as part of the grant. Councilor Scheckel believes that some type of lien should be placed to repay the Town.
George Thebarge believes that this could pose more problems and jeopardize future grants.
James Monroe believes that this discussion is confusing and in particular who is paying. He asked for clarity.
George Thebarge gave an overview. Each of the 3 properties will receive $30,000 for improvements including a $15,000 match from Cumberland County.
He stated that #3 Main St. will contribute the $15,000 match and that for #5 and #7 Main St., Builders at Sandy Creek are donating in-kind services
Fran Monroe agrees with Leona Crooker’s suggestion and agrees that owner’s need to be invested. She believes that the interiors and back of the buildings remain the same. She believes that it is reasonable to expect something back in return from the owners in the future. She suggests an amendment to the order to include a payback.
Deb Mancini disagrees with some of the comments and that this project should proceed. She thanked the in-kind donor and the owner of #3 Main St. for her contribution. She believes that it is a steppingstone to improving the village and urges that the project proceed as is.
Lou Mancini believes that the project should move ahead. He expressed concerns about how the project was sold to the public. It was proposed as a project with an owner matching portion. He asks the Council to consider the ramifications of this decision if it proceeds as proposed.
Councilor Scheckel proposed the following amendment:
Councilor Sheckel moved; Councilor Grover seconded.
Ordered the Gray Town Council amends the motion by adding the following condition: and that the Council requests that the Planning Consultant ask the owners to provide reimbursement at such time if there is a future sale of their building.
Councilor Sturgis asked what the Town’s contribution is. He believes that this issue is more confusing than need be. The Town’s money is not being spent on the facades, only the sidewalks and believes that this needs to be stated. He does not support the amendment
3 Yes / 2 No (Hutchins, Sturgis)
Councilor Grover believes that this is an unusual project and this is an experiment on the future possibility of the downtown revitalization.
Councilor Hutchins stated that while a couple of owners cannot contribute completely, there should be appreciation for the in-kind support. She believes that this project should proceed as is and spark enthusiasm for the owners to improve their building in the future.
The motion as amended - 5 Yes
Fourth Order of Business: ORDINANCES:
Item #040-09 (First Reading) 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 Scheckel moved; Councilor Sturgis seconded.
Ordered the Gray Town Council forwards the proposed amendments of Chapter 502 (The Town of Gray Parking Ordinance) to the Planning Board for a public hearing and further orders that the Planning Board reports back to the Council.
Councilor Grover opposes a permanent amendment for a particular parking area. He would support a broader area Parking Ordinance and recommends rejecting this order and bring this issue to the Public Safety Committee for review.
Councilor Hutchins indicated that Public Safety has met and that they view this as a temporary solution and that the Ordinance will be reviewed as a whole in the future.
Councilor Gellerson believes that the public hearing could be helpful for other suggestions and ideas.
Councilor Grover stated that he opposes this action, but not on the principle of the idea.
4 Yes/ 1 No (Grover)
Fifth Order of Business:
Reports from the Council Chair: Councilor Gellerson mentioned a couple of emails and letters he received.
The Fire Department is having an Open House on Saturday, October 12th from 10-2 and a spaghetti supper that night.
There is a training session with the Town Attorney on October 27th
The Council is still looking for award nominations which are due on October 18th.
The CEDC’s mission for this month is to do a presentation on Gray Cable TV on the proposed Pennell project and prepare some printed materials.
Reports from the Town Manager: Town Manager Cabana stressed the importance of the October 27th meeting and gave an overview of the program.
She indicated that there are materials on KeepMEWarm and 211 information services. She stated that Hannaford will purchase the 5th piece of property and that the store could be ready sometime in the Fall of 2009. She commented that she has requested an extension on their Bond Anticipation and sell the Bonds on December 8th.
Sixth Order of Business:
Committee Appointments and Resignations: Councilor Grover suggested eliminating this item since it is discussed in other areas of the agenda.
Committee Reports:
Councilor Hutchins stated that the ORC met last week and they are continuing their review of 402. Solid Waste Committee will be meeting. The spaghetti supper on October 12th mentioned earlier is from 5-7pm
Councilor Sturgis stated that the CEDC program will be on October 20th GPCOG will be meeting tomorrow.
Councilor Gellerson stated that he attended the ZBA meeting.
Council Correspondence: NONE.
Councilor Grover indicated that at some point the issue of police should be an agenda item.
Council Business:
1. Discussion with Gray Historical Society regarding the Pennell lease
Leona Crooker stated that they are investigating GHS’ future at Pennell.
-What would the rent fee be?
-What would the start date be?
-What arrangements does the Council have in mind for GHS at Pennell? (Utility charges for example)
-What responsibilities would GHS have if they are on the second floor?
-How long would a lease be for?
Councilor Grover asked about the current arrangement. Councilor Sturgis read the arrangement. Town Manager Cabana gave an overview of the arrangement for fee and heat and what the Town and the Historical Society each pay. Councilor Scheckel indicated that there should be some guidance to help provide some information. She believes that should the bond question pass, the current lease arrangement could change. The voters and the Historical Society should have some sense of the Council’s wishes to have the best information possible.
Councilor Sturgis indicated that there would be more information after the election and will evolve over time once the results of the election are known. There are also philosophical questions to be considered. The CEDC has specific suggestions for them in their report.
Leona Crooker asked if the Council will have some answers at the Nov. 10th meeting (after the election).
Councilor Sturgis indicated that there are other factors that will arise after the vote.
Leona Crooker asked where the GHS and Museum be from Dec. 09-Jan-Feb 2010 during the interior phase of construction. Councilor Gellerson indicated that it likely will be in storage.
Town Manager Cabana indicated that Nov. 10th for an answer is ambitious.
Councilor Gellerson stated that they will make their best attempt to get some answers on Nov. 10th.
Councilor Grover indicated that there will still be many unknowns even after this may pass. He believes that the past cooperation between the Town and GHS would likely continue.
Louise Knapp stated there is no rush to get these answers since no one knows the outcome at this time and does not support the rush to get answers to these questions.
2. Discussion Regarding Measures to Improve Public Access, Involvement and Confidence in the Gray Town Government.
This is in reference to Councilor Grover’s 21 proposed measures which he presented to the Council.
Councilor Gellerson agreed with #1 A but would need to be included in the upcoming budget. He also agreed with #2 and #7, though he believes that #7 is done to some extent at present. He disagrees with #8.
Councilor Scheckel agrees with Councilor Gellerson on #8 as well. Councilor Scheckel supports #2, #7, and #12.
Councilor Hutchins does not support #8 and agrees with #2, # 7 and #12.
Councilor Sturgis agrees with #2, #9 as a goal. He also liked #17. There was a discussion on #17- emergency/disaster plans and suggestions. He also supports #4. There was extensive discussion on the use and applications of the minutes. He disagrees with #8 as well. He commented on #10. There was an extensive discussion on #10 related to lot lines.
Councilor Grover gave an overview of the items discussed. The group elaborated on the various items within #1.
He requested another meeting to discuss this further.
3. Discussion Regarding Committee Members and Committee Packets.
Carry item over to the next meeting.
Seventh Order of Business:
Additions to the Agenda:
Councilor Grover requested suspending the rules and rescheduling the November meeting.
Councilor Sturgis moved; Councilor Scheckel seconded.
Motion to suspend the Council rules to reschedule the November 4, 2008 meeting to November 10, 2008 and that this will be the one meeting for the month of November.
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 discussion on the draft items of the next agenda.
Councilor Grover asked about the amendment process on 401 and 402. Town Manager gave an update.
Town Manager Cabana commented on a mailing to the Town on the Pennell project by the CEDC. $5,000 has been identified for this and wants to know if the Council supports a mailing that outlines the pros and cons of the proposed bond. Councilor Scheckel believes that the final report to review the document should be done before it gets printed and mailed. Town Manager Cabana indicated that she can get the Town Attorney to review the document. Councilor Grover suggests a statement from the CEDC chair to outline their recommendations.
Ninth Order of Business:
Councilor Sturgis moved; Councilor Scheckel seconded.
Motion to recess the Gray Town Council meeting to October 14, 2008 at 5:30pm
5 Yes
The meeting recessed at 11:05pm
The meeting reconvened at 5:30 p.m. on Tuesday, October 14, 2008.
Chairman Gellerson indicated that the personnel issue that was pending has been resolved.
Councilor Sturgis moved; Councilor Scheckel seconded.
Motion to Adjourn
5 Yes
The meeting ended at 5:31pm.
Minutes approved and accepted October 21, 2008 by its Town Council:
_____________________________ ___________________________
Peter Gellerson, Chair Tracy Scheckel, Vice Chair
______________________________ ___________________________
Mark D. Grover Margaret Hutchins
_____________________________
Matthew Sturgis
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