APPROVED MINUTES
GRAY TOWN COUNCIL
DECEMBER 16, 2008
6:00 P.M. - Executive Session:
Councilor Hutchins moved; Councilor Scheckel 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 relative to a personnel related issue and Twinbrook Camping Area).
4 Yes
The Council entered into Executive Session at 6pm
The Council exited the Executive Session at 7:10pm
Roll Call
Councilors Mark Grover, Peter Gellerson, Tracy Scheckel, Margaret Hutchins.
Town Manager Deborah Cabana
Excused: Councilor Matt Sturgis.
Pledge of Allegiance to the Flag
The following motion was made as a result of the Executive Session:
Councilor Hutchins moved; Councilor Grover seconded.
MOTION: Upon the recommendation of the Town of Gray Code Enforcement Officer, the Town of Gray Town Council hereby retains Paul F. Driscoll, Esq. of the firm of Norman, Hanson & DeTroy, LLC to commence an action under Rule 80K of the Maine Rules of Civil Procedure to seek to remedy land-use violations on the property of Twin Brooks Camping Area, LLC located on the shore of Little Sebago Lake in Gray, such action to be in the format of the proposed Land-Use Citation and Complaint attached hereto as Exhibit A; and
Be it further resolved that Mr. Driscoll is authorized to litigate such action to a conclusion or to conclude it by settlement after consultation with the Town Manager on such terms and condition as he shall recommend to the Town Council for approval, it being understood that the approval of any negotiated settlement of such action shall be expressly subject to approval by the Town Council.
4 Yes
Others present and speaking: Vernida Gross, Fire Chief Rick Plummer, Louise Knapp, Deborah
Mancini, Karen Taylor, Ron Norton, Al Palmer, Doug Webster, Mary Miller, Lou Mancini, Jim Smith,
Blayn Gray.
Minutes from Previous Meetings:
Approval of December 2nd, 2008, Town Council Minutes
Councilor Hutchins moved; Councilor Sheckel seconded.
Ordered the Gray Town Council approves December 2nd , 2008 Town Council Minutes as corrected.
Councilor Grover commented that on page 1: James Monroe’s comment should read $2.4 million
Councilor Gellerson commented that on page 8 for motion #050-09, Councilor Sturgis seconded and also on page 1, Councilor Sturgis seconded.
4 Yes
First Order of Business:
Public Comments of Non-Agenda Items – (limit 3 minutes per person)
Vernida Gross commented on the race issues in the school system. She stated that there have been
racist comments by students at school. She disagrees with Paul Penna’s comments. She gave an
overview of some of the incidences that happened with her son in the past. She believes that nothing is
being done about this issue within the school department. She strongly believes this issue needs to be
addressed. She stated that her family has had threats and will need to move.
Councilor Gellerson stated that she should address her comments to the School Board.
Fire Chief Plummer made some corrections on his presentation on the policing issue. He stated that the
that Standish is very happy with the Cumberland County Sheriff’s contract. He also stated that
purchase of cruisers and any equipment would belong to the Town. He had mis-communicated this
information.
Councilor Grover stated that Gray is actually the largest community without a police force nor
contracted service. He also asked about other communities partnering up with Gray. Fire Chief
Plummer said that it’s possible in the future, but at present the economy is a challenge to do so.
Louise Knapp, Gray Historical Society read a couple of letters regarding the letter from Leona Crooker
on the Historical Society’s interest in the Fire Station as a possible location for the Historical Society.
She stated that this letter did not have the Gray Historical Society’s Board approval. She believes that
the consensus of the Society members is to remain at Pennell. She also commented on a CEDC
recommendation on a dialogue between the Historical Society and the Town.
Councilor Gellerson believes that a conversation about this issue would be appropriate.
Deborah Mancini, 137 Shaker Road was concerned about tabling an issue. Councilor Gellerson stated
that it is possible, but it is up to the Council as a whole. She suggested that the Council re-watch the
meeting on television to get a sense of how the meeting goes and commented on Councilor Scheckel’s
actions She stated that a letter will be sent to all the Councilors.
Karen Taylor, Board of Directors, Gray Historical Society requests that the letter of interest for the fire
station as a possible location be kept open until further notice.
Second Order of Business:
Reports from the Council Chair: Councilor Gellerson thanked the community for their support of the Pennell Referendum question and thanked everyone for their support in 2008.
Reports from the Town Manager: Town Manager Cabana reminded the community on dog renewal licenses which are by due by Dec. 31st. She also requested that if a citizen no longer has a dog to let them know as well so the Town will not send further notices to them. She thanked the Public Safety and Public Works staff for all of the work during the ice storm.
Town Manager Cabana stated that Cathy Markowitz has been hired as the new comptroller for the Town.
She stated that there is a serious boiler issue at Pennell. She asked that the Council suspend the rules to add this topic on tonight’s agenda.
She wished everyone a good holiday.
Committee Reports: Councilor Grover commented on the Dry Mills School Committee and that no changes have occurred since the last meeting.
Councilor Gellerson stated that the Zoning Board meets tomorrow night.
Council Correspondence: NONE
Third Order of Business:
Interviews: Any applicants for town office committee. The Council decided to table this to the next meeting
Presentations:
- Ron Norton regarding “contractor at risk”
Ron Norton gave an overview of a lump sum contract and the cost plus process. There are now contractor at risk and not at risk processes. The objective is to bring all the parties together.
He explained that a budget is put together on all the work and professional staff needed to determine the scope of work. He stated that this process is to create a team to get the best pricing for all work for a fee. It is a pre-determined, agreed upon fee. It allows the group involved to get together with all the sub-contractors to determine the best pricing. It allows changes to happen. He stated that the cost savings are shared between the Town and the construction manager. This is a good incentive for the builder to work on savings since he can benefit from savings as well. He believes that everyone has say in the design process.
Councilor Grover clarified the correct term. It is called “construction management at risk.” He asked about the construction manager. Ron Norton stated that the construction manager is responsible to oversee all the subcontractors regardless of who they are.
Councilor Grover asked about competitive bidding. Ron Norton stated that the competition comes into play when the construction manager seeks the best pricing through the competitive bid process and still has them meet the established criteria.
Councilor Grover asked if the Town can establish the rules/criteria for the construction manager. Ron Norton said that done well, the construction manager will do all this. He also said that the sooner the construction manager comes into the planning, the better the outcome for savings.
Councilor Grover asked at what point the construction manager can come up with a price guarantee. He also asked about construction management agency. Ron Norton believes that the construction management at risk gives the Town more latitude and control over the design and costs. He explained that all projects have an element of risk, but generally there is a phase process with agreed upon numbers and timeline. There was a discussion on the process.
Councilor Hutchins asked who is responsible if subcontractors do not perform. (IE: work not done properly or they don’t show up). Ron Norton stated that there is a subcontract agreement and that in the agreement they would not be paid. Councilor Hutchins asked what recourse the Town would have if work is not done properly. Ron Norton stated that they need to be insured and are under the oversight of state or local enforcement (IE: building inspectors, state licenses).
Councilor Gellerson asked how the Town is kept updated on costs. Ron Norton stated that once a month, requisitions are made and the building committee meets to review them prior to payment. He also indicated that there is a schedule of projected costs for each category such as electrical, plumbing etc. and that they must meet all the specifications, and deadlines. The building committee and contract manager together finalize this process.
Councilor Gellerson asked about a contractor at risk project in Biddeford. Ron Norton said that it is more fluid process with the end users (the City of Biddeford) having say in the process since they will have to live with it. The end users have the option of having a peer review process to verify that the proposal is accurate.
Councilor Gellerson asked about change orders. Ron Norton said that they are written and must include proof of cost etc for verification. Councilor Gellerson asked where the cost savings are in the contractor at risk process versus a low bid process. Ron Norton gave an overview of the process for both. With the contractor at risk concept there is more input from everyone including the subcontractors etc.
Councilor Gellerson asked what a good number is for a building committee. Ron Norton suggested 6-8 people and with a good mix so that all parties have a say and have good representation. Diversity in the group gives a perspective that others might not see.
- Al Palmer regarding “contractor at risk”
Also known as Construction Management at Risk and cited as “CM at Risk” by Al Palmer in his presentation.
Al Palmer of Gorrill Palmer gave a packet on the construction management at risk concept project in Biddeford and that the Town Manager requested that they speak on this issue. He stated that this is a different delivery method for a project. He gave an overview of the standard method of a low bid. The design build model requires a specific RFP for the product and the design professional is under contract with the contractor. This is a risky process since firms recoup only a fraction of the design cost. He cited an example. He suggests that construction management at risk not have the design group included but have the entity (IE: the Town) contract with them. The construction management at risk uses more specific criteria while the standard low bid process is the low bid criteria. He
believes that the design team being contracted directly with the Town and not the CM at Risk is a better process. He stated that the design build format is riskier. He recommends that they select the optimum method for the best results for the Town. He stated that the Biddeford project is using the CM at Risk process because this renovation is going to occur while the school is being occupied. In this case, the CM at Risk’s input to work in the phase in process is important to minimize the impact to the students/faculty. Those who approve such school projects look at a wide variety of criteria and he cited examples. He commented that there are always going to be unforeseen items that will occur in a renovation. The Pennell project can work in either build/delivery method as the Town will likely see the same contractors who would bid under either method.
Councilor Scheckel asked if he recommends that the Town put a design professional RFP and then a CM at Risk RFP. Al Palmer believes that they should be separated. She asked who in the end takes the lead. He said that the entity/client (IE: the Town) does. He gave some examples of different projects using a similar process and their effectiveness.
Councilor Grover asked if hiring the design professional and the CM at Risk at the same time is a good idea. Al Palmer indicated that yes, it would and suggests doing so parallel.
Councilor Gellerson asked if Councilor Scheckel’s suggestion on the RFP process is appropriate. He said that it would be appropriate. He also asked Ron Norton if he agreed with that. Ron stated that they would bring some suggested name to interview and under contract with the Town and not the construction manager.
Councilor Scheckel moved; Councilor Hutchins seconded
Motion to have Doug Webster, Building Administrator give a presentation on the Pennell heating
issue.
4 Yes
Doug Webster stated that the boiler at Pennell is in poor condition and asked Dean & Allyn to assess the
sprinkler system related to the building. He received an estimate of $14,500 for a replacement boiler.
He stated that it could be retrofitted to another use so the bulk of the investment would not be lost in the
future. He suggests that either the building should be shut down for the winter or a new boiler installed
quickly. He is also concerned about the fire risk of the electrical heating since it would be working
harder. He gave an overview of the monitor system of the air pressure and some new electrical heating
to accommodate this.
Councilor Scheckel asked about the costs and budget analysis of the other options instead of a new
boiler. Town Manager Cabana stated that approximately $12,000 has been set aside for oil. Doug
Webster stated that it is possible that it would not exceed what has been set aside for oil.
Councilor Hutchins asked if the $14,500 includes installation. Doug Webster stated yes.
Councilor Gellerson asked Louise Knapp what is the Historical Society’s position if the building is
closed. She stated that there would need to be some item and equipment removal. She would like to request that they be allowed to go into the building to take out materials to work on at other locations for the winter should the Town close the building.
Doug Webster’s primary concern of the use of the first floor electrical heating being working harder, but
access to the building would not be an issue.
Councilor Grover asked if they could return in the Spring. Doug Webster said that this can be
assessed at that time.
Councilor Scheckel commented that once the selection of the design professional etc, some of the work
could start earlier.
Councilor Hutchins would also recommend that a shut down and re-open or not be coordinated with a
renovation.
Councilor Grover moved; Councilor Scheckel seconded.
Motion to suspend the rules to add a motion to authorize the Gray Building Administrator close
Pennell indefinitely with precautions to insure the integrity of the sprinkler system and water
system and supervised access to the building for the Gray Historical Society.
4 Yes
Public Hearings: None
Fourth Order of Business: ORDERS
Item #060-09 (Tabled) To review and act on a consent agreement with Blayn Gray regarding property located at 5 Yarmouth Road.
Councilor Hutchins moved; Councilor Scheckel seconded.
Moved Item #060-09 from the table for consideration and possible action.
4 Yes
Councilor Scheckel requested more clarity for the removal of the tractor trailer. Doug Webster indicated that the document has not been reviewed by the Town’s legal counsel. She asked if there can be a notification from the financing company that there is the financial means to complete the project by December of 2009. Doug Webster believes that it can be assumed. Councilor Scheckel asked if there are the legal means to ask these requirements.
Councilor Hutchins asked about building permit fees. Doug Webster said that Blayn Gray will pay for the building permit fees. Councilor Scheckel indicated that continuing the work will not require him to pay for the fines. Councilor Hutchins also agreed with Councilor Scheckel’s financial means requirements if they are possible.
Councilor Grover approves the most recent draft of the consent agreement and believes that Mr. Gray has made efforts to meet safety requirements.
Town Manager Cabana asked for clarification on the Council’s suggestions. She stated that these recommendations will be written in and will be reviewed by the Town’s counsel.
Councilor Scheckel moved; Councilor Grover seconded.
Moved the Gray Town Council authorizes the Code Enforcement Officer to enter into a consent agreement with Blayn Gray regarding property located at 5 Yarmouth Road to reflect the suggested changes are approved by the Town’s legal counsel.
4 Yes
Deborah Mancini objected to the lack of public comment on this issue tonight. She also believes that to request any trailer removal needs to be across the board for the Town and not the village. She also believes that requesting fiscal solvency should also be across the board for the Town.
Mary Miller asked who drafted the consent agreement. Doug Webster stated that he did and that the final draft will be completed by the Town’s attorney. She asked about new permits. Doug Webster indicated that new permits will be paid for. She requests a time frame for removal of the trailer. She believes that Item #4 should have a specific distance listed and items stored at the back of the building and wonders why he has been given a year to complete. She also asked why some of the fees are being waived and believes that the Town is setting precedence.
Lou Mancini commented that he not comfortable with the Town making the request for financial requests from the owner. If it is legal, then all those who request permits should show financial viability as well. It believes that good efforts have been made to resolve this issue.
Jim Smith, 13 Yarmouth Rd believes that the Town would already have ordinances on various aspects of the project. He stated that he is uncomfortable with the requests and asks that the Town keep people in mind.
Blayn Gray, of Gorham and owner of 5 Yarmouth Rd expressed his thanks to the community for their understanding and patience for this project. He stated that he is doing his best and his patience is growing thin as well. He indicated that the loss of money he has incurred with the delays. He stated that past Town staff has created problems for him. He asked that the Town treat him like any other taxpayer.
Item #062-09 To review and act upon making appointments to the special committee named the Town Office Committee.
Councilor Gellerson asked the Council to table this item since Councilor Sturgis is not present due to
illness and would like to table this item to the January 6, 2009 meeting.
Councilor Grover moved; Councilor Scheckel seconded.
Motion to postpone Item #062-09 to the January 6, 2009 meeting
4 Yes
- Town Council Chair
- Regular Council Member
- Regular Council Member
- Member of Planning Board
- Town Manager
- Community Development/Town Building Administrator
- Member of CEDC
- Public Member
- Public Member
- Historical Society
- Fire Chief
- Pennell Alumni
Item #064-09 To review and act upon approving a proposed application for a CMP Pole Location, located at Dutton Hill Road.
Councilor Scheckel moved; Councilor Hutchins seconded.
Ordered the Gray Town Council approves the proposed application for a CMP Pole Location, located at Dutton Hill Road.
Councilor Hutchins clarified that Center Road is also known as Dutton Hill Rd.
4 Yes
Item #065-09 To review and act upon approving a bid for the purposes of purchasing a new rescue (ambulance) fire truck.
Councilor Hutchins moved; Councilor Grover seconded.
Ordered the Gray Town Council authorizes the purchase of a new rescue (ambulance) fire truck from Specialty Vehicles Inc. for an amount of $162,158.00.
Fire Chief Plummer stated that he has sent out RFPs and received 4 bids and they have been reviewed and believe that this is the best vehicle for the money. Some companies could not bid since they did not have service in the area.
Councilor Grover asked about some of the differences. Fire Chief Plummer gave an overview of the differences in the design and box of the vehicle.
Councilor Hutchins asked whether or not the truck would have to go to Massachusetts for service. Fire Chief Plummer stated that it depends on whether or not it’s the body or the chassis. She also asked about warranties. Fire Chief Plummer gave the breakdown of the warranties.
Councilor Gellerson asked what happens to the old vehicle. Fire Chief Plummer stated that he is unsure at present and considered keeping it as a back-up, but the age of the vehicle may preclude this.
The new vehicle will arrive in 6 to 9 months.
4 Yes
Item #066-09 To review and act upon closing the town office on Friday, December 26th.
Councilor Hutchins moved; Councilor Scheckel seconded.
Ordered the Gray Town Council authorizes the town manager to close the town office on December 26th and each employee use accrued vacation or personal time of 3.5 hours.
Town Manager Cabana stated that most state and municipal offices will be closed on Dec. 26th.
Town Hall will be open for a half day on Christmas Eve and the Dec. 26th date is often very slow and
suggested that Town Hall be closed and that staff use personal/vacation time.
Councilor Gellerson asked what personal time means. Town Manager Cabana gave a description.
Councilor Grover commented that it should be with further notice in the future. Town Manager Cabana
stated that she discussed this in advance with staff.
4 Yes
Item #067-09 To review and act upon approving the request to add Knudsen/Abramson Road (which is .025 of a mile long) to the seasonal snow plowing and sanding contract named “Contract II, thereby increasing the overall contract to 13.835 miles.
This action requires a majority vote after an opportunity for public comment.
Councilor Scheckel moved; Councilor Hutchins seconded.
Ordered the Gray Town Council amends the seasonal snow plowing and sanding contract named “Contract II” by adding Knudsen/Abramson Road, which is .025 of a mile long, thereby increasing the overall contract to 13.835 miles.
Town Manager Cabana stated that the road has been inspected and is acceptable.
4 Yes
Fifth Order of Business: ORDINANCES:
Sixth Order of Business:
Council Business:
- Discussion regarding preliminary budget remarks from Council members
Councilor Gellerson asked if there were any remarks on a preliminary budget.
Councilor Scheckel suggested changing Super Saturday to a recorded format. Councilor Hutchins agrees.
Town Manager Cabana prepared a development timeframe. The Town Meeting will be May 2nd and the April meeting begins on the 7th. She stated that the new comptroller will only begin on January 5th. She proposed a Super Saturday date of January 31st if the Council would like to do so and suggested workshop dates for departments to discuss the budget.
Councilor Scheckel suggests a place for discussion at the Council meetings for further input and reply by the departments. This could take the place of Super Saturday.
Councilor Grover supports Super Saturday from the citizen’s perspective. But, he also agrees that there could be scheduled times and asked if there are detailed descriptions for the line items for the departments.
Councilor Gellerson supports budgeting time at the Council meetings for these discussions. He asked if there are any major items to be concerned about.
Town Manager Cabana believes that the state revenue share will be lower. Excise tax is on target. Technical/IT support for the Town needs to be considered plus all the Town’s records may be vulnerable. Technical/IT support is not necessarily personnel but could be other things. She also stated that the municipal software will need to be updated and user fees for a new version are considerably lower than the current version. She also discussed the bonds and the interest benefit. She will likely include a recommendation to carry this over. She also would like to maintain the existing personnel and a discussion on whether or not any salary increases will be possible.
Councilor Grover gave an overview of his comments and provided his notes to the Council. They included revenue projections, interest rates, realism in anticipated costs, fuel and other petroleum based products costs, general assistance budget should match historical projections.
He discussed limited improvements to services such as animal control. He believes that the Town should have a public health officer as required by the state. The Town should have a modest disaster stockpile, increase IT hours, capital expense such as Dry Mills school, the library etc. He suggests that department heads review projected capital improvement projects. He also discussed salary/merit, as well as keep the LD1 limits. He would like to see the same presentation to the Council as would be presented to the public as required by the Town Charter.
Councilor Gellerson asked changing the Town Meeting process. Town Manager indicated that there is a provision in the Town Charter for proposing a change that would need to be brought before the voters.
There was also a discussion about the sale of some Town properties including Stimson. Town Manager Cabana stated that there could be restrictions for the sale and it the funds could be in trust to be applied to Pennell. Councilor Gellerson suggested that if it is not sold, that some maintenance should be considered to make its appearance better. Councilor Grover suggested that this be a warrant for a vote.
- Schedule additional mutual committee/council meetings
CEDC and Library Trustees will present at the January 20th meeting.
Councilor Grover suggests scheduling Public Safety. Councilor Hutchins will ask and find out. Councilor Gellerson stated that Zoning and Planning Boards may not need to present.
Seventh Order of Business:
Additions to the Agenda:
Item number one under Council business can be eliminated. Councilor Grover suggested that there be an approval for the preliminary budget schedule. There was a discussion that this will add items to agenda and that the Council should be prepared for this.
Town Manager Cabana mentioned Item #069-09 related to the Historical Society and the Main Street Fire Station. She also mentioned the Shoreland Zoning Ordinance readings and public hearings and she stated that Doug Webster would like to do a presentation at the January 6th meeting. She indicated that there are some policy issues to consider.
Councilor Grover would recommend getting something in advance of the meeting.
Councilor Grover asks that Town employees should be listed as ex-officio for committees and that the wording should be stated.
There was a discussion on the role and responsibilities for the Town office
Eighth Order of Business:
Council Action Items, Assignments and Issues Status:
Mobile Vendor License Ordinance Amendment.
Clarify Committee Priorities
Fuel Usage – Revisit October 2008
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 Grover seconded.
Motion to adjourn.
4 Yes
The meeting ended at 10:30pm.
Minutes approved and accepted January 6, 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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