GRAY TOWN COUNCIL MINUTES
OCTOBER 21ST, 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: Gary Foster, James Monroe, Fran Monroe, John Redlon, Lou Mancini, Ralph Wink, Don Hutchings, Debbie Hunnewell Fox, Steve LaVallee, Fire Chief Plummber, Bill Allen, Jim Foster.
Pledge of Allegiance to the Flag
Minutes from Previous Meetings:
Approval of October 7, 2008, Town Council Minutes
Councilor Scheckel moved; Councilor Hutchins seconded
Ordered the Gray Town Council approves October 7, 2008 Town Council Minutes as corrected.
Councilor Grover commented on page 5- there is a typo in the phrase “a plan”
5 Yes
First Order of Business:
Public Comments of Non-Agenda Items – (limit 3 minutes per person)
John Redlon commended the CEDC on their presentation on television. He supports the project but
stated that he is bewildered by the signs that have recently appeared since this campaign has been going
on for a while. He urges everyone to vote yes on the Pennell Bond.
James Monroe also watched the program and believes that a public presentation was a good idea. He
did indicate that he asked a question that was not answered. He stated that the Town owns property
behind the old Post Office and adding square footage to Town Hall would be possible. He stated that
there are people who believe Pennell should be saved as an historical site. He also commented on some
of the statements from the panel on the program and that he has a difference of opinion.
Councilor Sturgis clarified that, as moderator, he tried to read the question as it was presented, and
appreciated James Monroe’s effort to get the question answered during the call-in.
Gary Foster continued with some of his comments he addressed to the Council at the last meeting. He
referred to his comments related to a discussion at a past meeting and his perspective of the constitution
and cited historical quotes to clarify his position.
Second Order of Business:
Interviews: Application for the Dry Mills School Committee: Charlena Walker.
Public Hearings:
4) November 4, 2008 Special Town Meeting to be voted by secret ballot with the following question:
Shall the Town authorize the issuance of up to $2,400,000 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 20 years 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 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. Similarly, if not all of the bond monies are needed for the project, the excess may not be spent for other purposes, but instead must be used to help retire the outstanding bonds.]
Public Comments:
James Monroe commented that in the warrant article, he believes that on line 3, “the total
cost shall not exceed $2,400,000” should be included. He believes that it is an estimate as currently written. He believes that if it is included in the document, it is more accurate and should be included. He asked about prepaying the bond early. He also asked about the interest on this bond. He believes that that the rate will be higher since it is a 20 year bond. He requests that there be a limit and a fixed rate. He commented on the explanatory note section, in particular, “public meeting space” and asked for clarification. He indicated that Pennell as proposed is far more than the Town needs. He asked whether or not the quantity proposed is needed. He indicated that some feedback he has heard that some of the issues are not about the Town
Hall but the rules, processes, and the like.
Town Manager Cabana indicated that putting conditions on prepays on bonds makes them less attractive. She gave other examples to help offset payment such as possible sale of other Town properties.
Councilor Sturgis clarified that the proposed floor plan includes a multi-purpose room of 1,400 sq feet and not to build a larger additional public space.
Gary Foster commented on the “Save Pennell” signs described earlier and believes that it is part of the democratic process. He does not believe that this is a good time to borrow money for such a project.
Lou Mancini of Shaker Road, believes that criticism is easy. He believes that the CEDC has spent a great deal of time and effort to create a proposal and recommendation. He believes that now is the time to do this project which will save money. He commented that he takes issue with the criticism on the work of the CEDC on this project and cited examples that he disagrees with, as well as examples of the positive efforts on the part of the community. He urges the Council to use the television program format as a tool for future projects or issues that may arise.
Ralph Wink, 143 Depot Road, suggested taking a step back and gave a review of the process and how they had arrived at the present efforts that include a better cost analysis and a proposal to preserve Pennell. He believes that most people support the preservation of Pennell in some way. He stated that a number of people gave their knowledge and expertise freely to help the CEDC develop this recommendation. He stated that the size of the proposed location included space for activities used at Stimson, Town Hall space in total, and various storage locations, as well as, potential growth for the future.
James Monroe disagrees with the comments on fear. His position is based on economics only. He believes that government should be small and not interfere with citizens.
Fran Monroe commented that there are choices on issues in the community. She expressed her anger about other public comments made on this issue. She believes that stopping other points of view is wrong.
Don Hutchings thanked the group for allowing their comments to be heard. He believes that this is a unique opportunity that will be lost. He cited issues of space, and handicapped accessibility, as examples. He indicated that in the past, discussions of expanding the Town Hall and a suggested proposal was going to be expensive. He believes that Pennell is a unique situation for less money than other options. He discussed the procedures and the expertise that they consulted to help the CEDC come up with figures and that they will work. He stated that the economy changes and that this is a good project for the money. He believes that operation costs will be lower since a number of facilities will be consolidated in one location. He gave some examples of the
project that he believes is of good value. He also commented on the signs that have been appearing on roadsides. He believes that continuing to wait to do something with Pennell will end up costing more in the long term. As a citizen of the community, he believes that this project makes sense.
Fran Monroe asked about figures on other possibilities and commented that she doesn’t have that information. She believes that this work has not been done. She expressed concern about the location of the Gray Historical Society and ask about what will be done with the extra space should the Gray Historical Society not locate there. She believes this project does not make sense without reviewing other options. She asked about the bond anticipation note on the agenda.
The Councilors indicated that this is the wording of the warrant. Councilor Sturgis reread that section of the warrant and indicated that it is asking the voters to approve it. Councilor Scheckel stated that the figures from the CEDC did not include items such as a possible kitchen, command center, furniture and the like. These items were not part of the CEDC’s charge. The $2.4 million includes such items as these, and completion of the project, should unanticipated issues arise since it is not a new building.
There was an extensive discussion on this figure as well as the public works building.
Town Manager Cabana described the process and gave clarification on the public works project.
Fran Monroe expressed concerns and asked whether or not the Town intends to expand staffing.
Town Manager Cabana believes that the Town is understaffed, but does not know whether or not staffing will increase and this is not the plan with this project. She indicated that other comparable towns have larger staffs. There was a discussion on housing, roads and population.
Councilor Gellerson indicated that part of the project includes storage. Councilor Scheckel added that Council meeting space and handicapped accessibility is included.
There was a discussion on what would happen for other properties and other possibilities for a new location.
Third Order of Business: ORDERS
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.
Town Manager Cabana indicated that Gorrill-Palmer has not received information from CMP as of this
meeting and recommends this item be moved to the November meeting.
This item will be moved to the November 10th meeting, as there was no motion to consider.
Item #041-09 To review and act upon approving the request to add Hunnewell Road (which is 1/0 of a mile long) to the seasonal snow plowing and sanding contract named “Contract II, thereby increasing the overall contract to 13.81 miles.
This action requires a majority vote after an opportunity for public comment.
Councilor Sturgis moved; Councilor Scheckel seconded.
Ordered the Gray Town Council amends the seasonal snow plowing and sanding contract named “Contract II” by adding Hunnewell Road, which is 1/10 of a mile long, thereby increasing the overall contract to 13.81 miles.
Debbie Hunnewell Fox speaking on behalf of her mother who lives on Hunnewell Road expressed concerns for public safety vehicles to enter the road if needed. She hopes that the Town can help them.
Steve LaVallee indicated that he has performed inspections and the road meets all the requirements. He indicated that originally Hunnewell Road used to be plowed and sanded. He indicated that over time, Mr. Hunnewell said that he would maintain it.
Town Manager Cabana indicated that in 1998, a policy on this issue was implemented and stated that they need to have an easement to be a public road.
Steve LaVallee stated that Keith Osgood would be plowing it and it would add a total of $287 for the season.
Councilor Grover reminded the group about the Town’s process to do or not do certain things on private roads.
5 Yes
Item #042-09 To review and act upon approving a cooperative agreement between the State of Maine Department of Transportation and the Town of Gray regarding purchasing fuel at MaineDot fuel depots.
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 town manager to enter into a cooperative agreement between the State of Maine Department of Transportation and the Town of Gray regarding purchasing fuel at MaineDot fuel depots.
Councilor Sturgis asked about the maximum cap.
Bill Allen of MaineDot fuel described the fuel pricing and gave the current costs. He believes that over time the fuel price will go down. They would not be locked into a deal, but this allows the Town the opportunity to purchase fuel if they wish. He hopes that the sites will be automated in the next few weeks.
Councilor Grover asked about access and delivery of the fuel and fuel limitations. Bill Allen stated that there are pumps at the Gray location and that cards are issued. They only ask for an estimate.
Councilor Scheckel asked if they would have access to other depot locations if they were traveling on business. Bill Allen indicated that it would be possible.
Councilor Gellerson asked about unleaded fuel. Is it located in Gray and asked about the current pricing.
Bill Allen indicated that it will go down over time.
Councilor Scheckel asked if there is a way to know the current price. Bill Allen indicated that emails and updates can be sent.
Councilor Grover asked if Department Heads are in support of this. Steve LaVallee believes that it is a good opportunity and will help save money for the Town. Fire Chief Plummer also supports this opportunity and that the statewide availability if they were required to go to another community would be beneficial.
Councilor Grover asked how the DOT numbers compare to the budget. Town Manager Cabana gave the figures. Councilor Grover asked what steps the Departments may have taken for conservation. Town Manager Cabana gave examples including the Fire Department, Public Works, and the Library. Councilor Grover encourages all Departments to consider conservation.
5 Yes
Item #043-09 To review and act upon approving the Municipal Warrant for the Special Town Meeting to be held on November 4, 2008. Sponsor- Town Manager
This action requires a majority vote after an opportunity for public comment
Councilor Sturgis moved; Councilor Hutchins seconded.
Ordered the Gray Town Council approves the Municipal Warrant for the Special Town Meeting to be held on November 4, 2008, as presented.
Councilor Grover commented that he has tried to remain neutral on the bond issue, but expressed that he supports this project and recommends a yes vote.
Councilor Scheckel also commends the CEDC on their efforts and believes that this is a good project and that this is in the townpayer’s best interest and is the most cost effective.
Councilor Hutchins commended the CEDC on their efforts and believes this is a win-win situation and hopes that the Town votes yes for this.
Councilor Sturgis believes that this has generated a lot of excitement in the community. He commented on the CEDC presentation on television and believes that the discussion was a good one. He believes that this is a great opportunity and that those who have concerns may not have all of the information. He described the bond process as a secure one and that the future could yield better results from sales of properties and the like. He believes that this should be the completion of the puzzle as so many Town activities takes place there. He commended the CEDC on their efforts and supports the project.
Councilor Gellerson thanked the Gray Cable TV staff for their efforts and thanked Town Manager Cabana for her efforts in getting this on the Nov. 4th ballot and urges people to vote.
Town Manager Cabana indicated that the vote authorizes up to $2.4 million and not to exceed it. She also discussed the interest issue as projections and the steps taken should this pass.
5 Yes
Item #044-09 To review and act upon the appointment of the Warden and Deputy Warden for the November 4, 2008 Election.
This action requires a majority vote after an opportunity for public comment.
Councilor Hutchins moved; Councilor Scheckel seconded.
Ordered the Gray Town Council appoints Carol West as the Warden and Deborah Cabana as the Deputy Warden for the Special Town Meeting to be held on November 4, 2008.
5 Yes
Item #045-09 To review and act upon setting a public hearing on November 10, 2008 for the purposes of approving and adopting the proposed General Assistance Ordinance Appendices A-C, as proposed by the State.
This action requires a majority vote after an opportunity for public comment.
Councilor Scheckel moved; Councilor Hutchins seconded.
Ordered the Gray Town Council sets a public hearing on November 10, 2008 for the purposes of approving and adopting the proposed General Assistance Ordinance Appendices A-C, as proposed by the State.
Councilor Grover asked if this is from the MMA ordinance.
Town Manager Cabana indicated that the appendices come from the Dept of Human Services.
Councilor Grover asked if Gray is part of the Portland HUD group. Town Manager Cabana believes that it is.
5 Yes
Item #046-09 To review and act upon encouraging the Gray Water District to connect citizens to existing water mains already installed beneath roads in Gray
This action requires a majority vote after an opportunity for public comment.
Councilor Scheckel moved; Councilor Hutchins seconded.
Where as there is at least one and possibly more replacement or new water mains installed beneath roads in Gray, be it resolved that the Gray Town Council work to encourage the GWD to connect citizens to these new water mains in the areas of town where said mains are installed.
Councilor Scheckel indicated that this item is a result of a request she had made and that many citizens are not hooked up on a newer main. She read a letter she received on the potential repairs of Rte 115 by the DOT.
Jim Foster stated that there are 2 separate issues including connecting existing residents to newer mains. It is up to the Board of Trustees of the Gray Water District to determine whether or not they will connect them to newer mains. If people want to be hooked up to the main, it is up to the property owners.
Councilor Grover asked what work is remaining that is separate from the homeowners. Jim Foster gave an overview of the work done.
Councilor Hutchins asked what it would take connect these residents. He indicated that each residence would have to be dug up along Rte 115. This would be the cost of the Gray Water District. The most cost effective way would be to wait for the state to redo the road, but that this issue needs to be revisited.
Councilor Sturgis asked about their project and could this be a part of it for next year’s budget. Jim Foster indicated that it could be discussed with the Board of Trustees. There are about 20-30 houses affected. Councilor Sturgis asked about fees for this.
Councilor Scheckel believes that since there are newer that exist, residents want to try to hook up to the newer one.
Jim Foster indicated that they can do a water quality test.
Councilor Hutchins asked whether or not there are some remaining funds to complete the project since the contractor was dismissed.
Councilor Gellerson asked if it would be appropriate for the Council to send a letter to the Trustees. Jim Foster was open to this.
Councilor Grover believes that a Trustee should be present to discuss this. Councilor Scheckel indicated that this is simply asking the Council to pursue this discussion. Councilor Grover believes that it might imply some pressure on the Council’s part.
Councilor Sturgis indicated the Gray Water District is a quasi governmental body, but that the Council represents those homes and encourage a dialogue.
Councilor Gellerson suggested that the Town Manager write a letter.
5 Yes
Item #047-09 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 Grover moved; Councilor Sturgis seconded.
Ordered the Gray Town Council appoints Charlena Walker as a regular member to the Dry Mills School House Committee for a term to expire August, 2009.
5 Yes
Fourth Order of Business: ORDINANCES:
Fifth Order of Business:
Reports from the Council Chair:
Councilor Gellerson reminded the Council about the meeting with the Town Attorney
Reports from the Town Manager:
Town Manager Cabana indicated that a letter has been written to the owners of the Blaine Gray property requiring clean up. He will be responsible for the structural engineer and attorney’s fees. This is subject to a court decision.
Councilor Gellerson reminded the group about the volunteer nominations.
Town Manager Cabana reminded the public about absentee voting and expressed her thanks to the staff for their efforts. Next week at Stimson, absentee voting will take place. On November 1st at the Library, absentee voting and registration will also take place. She encourages people to vote. There is a sample ballot online and posted around Town.
Sixth Order of Business:
Committee Appointments and Resignations: NONE
Committee Reports:
Councilor Scheckel commented on the CEDC TV program. They need a few new members including a secretary. Oct 31st will be “Spooky Night” at Newbegin gym hosted by the Recreation Committee. Each night at 5pm the CEDC program can be viewed.
Councilor Grover discussed the Library Trustees have been working on their goals, and indicated that there will be a bookclub for adults. Dry Mills School House met and have closed the building and have also been working on their goals, priorities, programs and budget.
Councilor Sturgis commented on the George Thebarge’s work on the TwinBrooks issue and Town Manager Cabana will have a report at the Nov. 10th meeting. The Road Ordinance group will be meeting at some point. Town Manager Cabana indicated that they may receive additional funding for the Clark Building Project and that there will be some additional proposals due in December for the Community Development Block Grant. This will require further discussion
Council Correspondence: Councilor Scheckel commented on correspondence from Kathy Wood and a dry hydrant issue. Councilor Hutchins gave some updates on this.
Council Scheckel commented on a conversation about homestead exemption and should there be more communication. There was a discussion on the communication options even possibly include it in people’s tax bill and even on cable TV. Councilor Sturgis indicated that it is a nominal cost to be included in the tax bill.
Council Business: Councilor Grover reminded the group that approval of the content of the letters to
the various committees is needed. He reminded the group about what the Council discussed and that he
has drafted and submitted a letter. Councilor Hutchins believes that this should be simplified. Councilor
Scheckel believes that sitting down with them would be a good idea. She believes that there should be
more than liaison contact. There was a discussion on what is the best approach and how the committees’
task are related to the Comprehensive Plan. Councilor Grover would like to get to the point where the
committees understand what they have done, need to do in relation to the comprehensive plan and
whether or not their priorities are effective. It was suggested to have the committees discuss this in
January.
Councilor Gellerson indicated that he and Councilor Scheckel have met with Cumberland County Government and that Gray is the only Town of its size without some type of police and that this issue needs to be discussed in the future.
Councilor Sturgis supports the Sheriff’s Dept. and the State Police and they are stretched very thin. He believes that this is an attempt by County Government to get more money since their funds have declined. He indicated that many years ago, the Town had some type of police and this issue may need to be revisited at some point.
There was a discussion on some possible options for the future and to clarify some concerns and issues that people have heard about on this topic. There was also a discussion on the possible contracting issues with either the State Police or the Cumberland County Sheriff and sharing with other communities.
Councilor Grover suggests a workshop solely on this topic that can be part of the budgeting process.
Seventh Order of Business:
Additions to the Agenda:
Councilor Grover suggested that there was discussion on moving Reports from Council Chair and Manager Reports, Council Correspondence, and Council Business as the second order of business.
The group agreed with this suggestion.
Councilor Grover indicated that the Nov. 10th meeting is an ambitious agenda.
TwinBrooks issue should be under Council Business as a presentation (as 3rd Order of Business) only with further public discussion at the first December meeting.
There was also a discussion on Ordinance 401 and 402.
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
Discussion Regarding Police Protection Options
Ninth Order of Business: Adjournment
Councilor Scheckel moved; Councilor Hutchins seconded
Motion to adourn
5 Yes
The meeting ended at 10:20pm.
Minutes approved and accepted November 10, 2008 by its Town Council:
_____________________________ ___________________________
Peter Gellerson, Chair Tracy Scheckel, Vice Chair
______________________________ ___________________________
Mark D. Grover Margaret Hutchins
_____________________________
Matthew Sturgis
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