Roll Call
Councilors Mark Grover, Peter Gellerson, Tracy Scheckel, Margaret Hutchins, Matt Sturgis
Town Manager Deborah Cabana
Others present and speaking: Doug Webster, Blayn Gray, John Welsh, Louise Knapp, Susan Moran,
Deb Mancini, Lou Mancini, Karen Taylor, Leona Crooker, Ruth Foster
Pledge of Allegiance to the Flag
Minutes from Previous Meetings:
Approval of December 16, 2008 Town Council Minutes
Councilor Grover moved; Councilor Hutchins seconded.
Ordered the Gray Town Council approves December 16, 2008 Town Council Minutes as corrected.
Councilor Grover stated that on page 3 under the second order of business is an incomplete sentence, on page 4 in the first paragraph the term Construction Management at Risk is the proper wording and commented on page 8 that there is no need to make a motion to bring back a postpone item.
Councilor Gellerson stated that on page 2, middle of the page that he was referring to the School Board and stated that on page 3 under the second order of business, it should include “for their support of the Pennell referendum. He also commented that the second sentence should have “not a risk processes.”
2nd sentence- “at not at risk processes,” on page 4, “that” is written twice under Al Palmer’s presentation should include fraction of the “design costs, page 6, “needs to be” should be inserted and “to take out materials” should be added in reference to the Historical Society and on page 10, referencing to the Town’s records, the phrase “may be vulnerable” needs to be inserted. .
Councilor Sturgis commented that on page 6 in the motion, the phrase “to insure” the integrity... has a spelling error.
4 yes / 1 abstention (Sturgis)
First Order of Business:
Public Comments of Non-Agenda Items – (limit 3 minutes per person)
Susan Moran- Friends of Little Sebago urges the Town to respond to the complaints on Twin Brooks. A
letter was presented to the Council. She indicated that this is an opportunity to resolve the ongoing
issue. She stated that they look forward to participating in the process.
Blayn Gray, 5 Yarmouth Rd asked if the Council received a letter from Richard B. Hall. Councilor
Gellerson stated that they have received a copy. Blayn Gray read the letter commenting on his efforts
and work on the 5 Yarmouth Road property. Blayn Gray stated that he requests that the Town
reconsider its possibility of taking action. He stated that he has the proper permits and has followed
the procedures. He also asked that Council members refrain from comments about him. He asks that
people show him more courtesy.
Second Order of Business:
Reports from the Council Chair: Councilor Gellerson stated that he did receive the letter that Blayn Gray referred to.
He commented that the Fire Department has been busy in these winter conditions and thanked the department for their efforts.
Reports from the Town Manager:
Town Manager Cabana updated the public on a couple of upcoming committee meetings including the Finance Committee.
- Update regarding food pantry- Town Manager Cabana commented on the various donations and the volunteers in the Town for the food pantry. She believes that Gray is the one of the only communities to have a food pantry within Town Hall. She stated that there are quality items and they are available to those who need it. She also commented that there has been some abuse of the program. She indicated that there is a protocol and procedure and there is a general assistance application that can be completed. She stated that the Town is trying to be responsive and responsible.
Councilor Sturgis asked if someone comes in, what the various options available to them are. He also asked who can be contacted if someone wants to donate and thanked everyone for their efforts.
- Update regarding current budget- The Town is experiencing the same challenges as other communities and as the next budget is being worked on there will be a discussion on more joint services. She commented on the School Department, such as IT and the Recreation Department as examples. She recommends an ad hoc strategic recreation planning committee to explore the quality of life issues. She stated the Town has a very active recreation department as well as adult education. There are very few adult and senior programs. She requests that the Council support this ad hoc recreation planning committee.
She commented on fuel prices and that the Council requested that fuel prices be locked in for this year. She stated that locking in this year is final, but she has negotiated better pricing for next year. She gave an overview of a document she presented to the Council.
Councilor Grover asked about further information on fuel consumption from the various Town departments.
She also stated that the new finance officer began her work with the Town on January 5th. She presented a document on projected revenue shortfalls which includes shortfalls in excise taxes, rescue fees, state revenue sharing as well as earned interest and sale of the Dry Mills Fire Station.
A line by line review will be done. She commented on some large ticket items that will not be spent such as a revaluation and public works interest and that there will be some savings. Departments will be looking at potential cuts in the current budget to minimize the shortfall.
Committee Reports:
Councilor Hutchins stated that Public Safety met on Dec. 3rd. Issues are being addressed via public safety and the comprehensive plan and a written statement from the committee chair will be prepared.
Councilor Scheckel stated that CEDC will be meeting tomorrow night.
Councilor Grover stated that he would like a report on finance committee. Councilor Gellerson indicated that there is a meeting Thursday night and they have had good sessions and will have a report for the January 20th meeting. Councilor Grover asked if adjusting investment accounts can be done without Council approval. Councilor Gellerson stated that there have been discussions on the investments and spreading the risk. Town Manager Cabana stated that the meetings have been interesting and informative with various discussions with such people as the auditors and the like.
She also commented on the various options for investing and has had discussions on a new computer program for Town Hall which will have 1/3 less the user fees and will make many Town processes more efficient. Councilor Gellerson commented on credit card use for paying items to the Town. Councilor Sturgis commented on the credit card fees and to keep that in mind. Town Manager Cabana stated that at present, the Town will not be using the credit card process due to restrictions by the various credit card companies. There was a discussion on the pros and cons of the credit card process and other third party paying processes.
Council Correspondence: Councilor Scheckel received an email on the Fiddelhead Center’s 7th anniversary celebration with a dinner and flamenco and is a fundraiser.
Councilor Grover commented on the Friends of Little Sebago letter and requests that the CEO should provide formal response. He also referenced the Richard Hall letter and expects the Town to perform its duties in accordance with the law. Town Manager Cabana stated that the points cited in the consent agreement have been brought to the Town’s Attorney for review.
Councilor Sturgis stated that the West Cumberland Methodist Church is having a pancake breakfast this Saturday (Jan 10th) to help a family in need and encourages people to attend to support the family.
Third Order of Business:
Interviews: NONE
Presentations: Doug Webster discussion regarding process for new Shoreland Zoning Ordinance
He stated that by July 1st the Town is required to complete the Shoreland Zoning Ordinance.
Councilor Sheckel agrees with the policy change and the method being used and that he should take the
lead.
Councilor Hutchins believes that either he or George Thebarge should handle this as there is not very
much that can be changed as they are state law.
Doug Webster stated that any third party (IE: committees, individuals) requesting changes or comments
could be put at the end of the document.
Councilor Grover read several of his comments on various pages of the document which Doug noted.
Doug Webster clarified some of the comments in relation to the state requirements.
Councilor Sturgis also commented on some of the items which Doug also clarified such as expansion
options, and that there should be consistency. There was a discussion on setbacks and Councilor
Sturgis asked for more clarification.
There was a discussion on incorporating Shoreland Zoning into 402 for ease of application and to
minimize a two step process. Councilors Scheckel and Sturgis support incorporating the Shoreland
Zoning Ordinance into 402.
Councilor Gellerson recommends that Doug be the point person and that ORC, Planning and Zoning
Boards have an opportunity to review the document. He asked if there is any bearing on Twin Brooks.
Doug Webster stated that portions of the property fall under Shoreland and others are not and can get
further information.
John Welsh asked if the document is available online as well as the next steps in the process. Doug
said it is on the DEP site and the local documents can be put on the Town’s site.
Fourth Order of Business: ORDERS
Item #062-09 (Postponed) To review and act upon making appointments to the special committee named the Town Office Committee.
Councilor Sturgis commented that the objective of the committee is to create a proposal for the design phase, review the proposals and bring recommendations to the Council and create proposal for the contractor and meet twice a month to review. He believes that a citizen-based committee is more appropriate than a Council committee. There would be 7 voting members. There was a discussion on the roles of this committee. Councilor Scheckel believes that having the end users be the voting members is more appropriate. There was a discussion on the potential issues related to the size of the committee and the staff’s input in the decision making process.
Councilor Grover asked how the Public Works project incorporated such a process. He believes that citizen input is important but voting should be put into the agreement. Town employees cannot be appointed to the committee for various reasons.
Councilor Sturgis suggested one committee for design phase and implementation, but there can also be this committee through the whole process.
Councilor Grover suggests making the wording of the committee’s role in the motion a bit more vague to give them more latitude and that they can be charged with more tasks as the process moves along.
There was a discussion on the citizen’s committee role to get updates and give updates on the process and report to the Council. Councilor Scheckel believes that it is the Town Manager and other employees’ responsibilities to report. There was a discussion on what the best format is for gathering information and reporting.
John Welsh believes that the citizens’ committee should be a reporting committee and provide input and believes that this would be of benefit.
Blayn Gray believes that a volunteer committee saves the Town money and can help the community.
Councilor Gellerson stated that the citizens’ committee is a good idea.
Councilor Hutchins commented that 7 citizens and Councilor liaison, Town manager, Doug Webster (building administrator), Fire Chief makes a committee of 11. She expressed concerns that their role is solely to process the RFP and that careful consideration should be taken for the citizens and that they have expertise in particular fields. If there are change orders etc, it could be more complicated. She would like to see more qualified applicants for this committee.
Councilor Gellerson commented that for the citizens’ committee follow this project from beginning to end is a big commitment. Councilor Sturgis believes that if the project is well prepared, changes and other things should be minimized.
Councilor Grover suggests appointing some members who have already applied to the committee to get the RFP done and then create another committee to continue the rest of the project. He believes it is unfair to change the rules of the committee and not appoint people who have expressed interest.
Councilor Scheckel stated that the conversation appears to state that the design project seems to have more interest as a committee and suggests that Town staff put the RFP together. She believes that the titles and roles of those on this committee be very clear.
Deb Mancini called a point of order as there is a motion on the floor which has not been seconded.
Councilor Gellerson stated there was a motion, but that there was a general discussion on this item.
Councilor Grover agrees that the roles should be clear and that the RFP should have enough information to get respondents who can provide the kind of work the Town needs. He stated that there are some elements missing. Councilor Scheckel suggests a workshop session to get these items for the RFP.
Councilor Gellerson reiterated Councilor Scheckel’s suggestion of Town staff creating the RFP and asked if Doug Webster is able to do so. Town Manager Cabana indicated that there needs to be a decision on what type of construction will be used (IE: Construction Management at Risk or General Contractor).
Councilor Gellerson supports the Construction Management at Risk, Councilors Scheckel and Hutchins are not sure. There was a discussion on the potential issues and costs of the Construction Management at Risk.
Councilor Sturgis believes that giving this role to the committee with input from staff would be helpful and that the Council can look at the prospective respondents and decide. He believes that this group can competently provide recommendations to the Council.
Town Manager Cabana commented that a current project has authorized the change orders through the Town Manager and that the committee would be apprised of the changes but at some point, a decision on some of the minor changes should be done by someone and asked if the Council wants to be involved in each change. She believes that input from others would be helpful to move the process along and not become bogged down.
Councilor Grover stated that there is no prohibition of CM at Risk, and suggests an RFP be created and that public notice be given on the RFP and discussed at a meeting for public input. He suggests appointing people to the committee to start the process and then the charge can be changed and then find out if they wish to continue on.
Councilor Hutchins stated that it is unsure what role the applicants want to play and stated that the Town Manager, Building Manager and Fire Chief be the staff people
Deb Mancini called a point of order again has been a motion at 2 meetings on the formation of a town hall committee. She agrees with Councilor Hutchins on the staff mentioned. She believes that this committee can be an advisory committee and that the 7 citizens can be appointed. She stated that being a citizen who is willing to volunteer is an appropriate credential. The CEDC did a good job on their task as volunteer citizens.
Councilors Sturgis and Gellerson prefer a committee to draft the RFP to get town involvement. Councilor Scheckel prefers that staff create the RFP to move the process along and then they can create the change of the committee’s makeup. Councilor Gellerson proposed a compromise to have staff create the RFP and then contact those who have applied on the change in makeup of the committee to see if they want to participate further.
Town Manager Cabana indicated that there is very little time for staff to write an RFP since there are many other items such as budget work and other items being done. She indicated that they will do their best if this is what the Council wants.
Councilor Sturgis suggests appointing all 8 applicants to the committee to get the process going.
Councilor Sturgis moved; Councilor Grover seconded
Ordered the Gray Town Council appoints all 8 applicants (Don Hutchings, Jeanne Carpentier, Ralph Wink, Lewis Mancini, Lloyd Dunn, Jason Wilson, Louise Knapp, and Tina Martell) to the special committee named the Building Committee to create the RFPs and other duties as assigned by the Council and Town employees who are appointed to this committee ex officio at their discretion, and are encouraged to participate.
- Town Council Chair (Ex-Officio Member)
Regular Council MemberRegular Council MemberMember of Planning Board- Town Manager (Ex-Officio Member)
- Community Development/Town Building Administrator (Ex-Officio Member)
Member of CEDC- Public Member
- Public Member
- Historical Society
Fire Chief- Pennell Alumni
Councilor Hutchins believes that any other tasks beyond the RFP process should go back out to the public for a building committee. She believes that this is a fair way to give them the opportunity.
Councilor Grover stated that any other duties would require motions. Councilor Scheckel stated that there can be an RFP committee, then, start another committee for the rest of the project. Councilor Sturgis believes that it is more work and that those applicants have been active throughout the Pennell process.
Blayn Gray suggests appointing the 8 people to the committee, then change the name or makeup of the committee and offer these people the first opportunity to participate, then have 4 more citizens and have alternates as well. The best opportunity would be for public participation on a major project in the center of town.
John Welsh believes that the RFP is a legal contract and should not be left to appointees or volunteers and it should be the Town Manager’s responsibility with the recommendation and input of the public. The Council or volunteers should not be deciding the wording of the RFP, but rather, the Town Manager.
3 Yes / 2 No (Hutchins/Scheckel)
Item #069-09 To review and act upon the future location of the Gray Historical Society.
Louise Knapp stated that the Council requested that the Historical Society find out their location preference. She stated that at their last meeting the Society voted to remain at Pennell.
Councilor Grover asked for clarification on whether or not the fire station was of interest. Louise Knapp stated that this statement of interest does not represent the Society.
Councilor Hutchins asked where the pieces will be stored during renovation. Louise Knapp stated that in conversations with Doug Webster that a dehumidifier will be needed in the short term. She does not see any reason to move everything until the major renovation begins. As the time nears, decisions will be made. Councilor Hutchins believes that safety should be a concern. Councilor Sturgis asked if the building is closed. Doug Webster stated that it will be within a week and there is some risk and recommends that the building be shut down. Sprinklers will be active and monitored and there will be limited heat in the boiler area and that the running water will be shut down.
Councilor Scheckel asked about code issues with occupants (IE: Historical Society) without running water.
Louise Knapp would like some time to finish some work before the project begins. She does not believe that completely closing the building without anyone there is a good idea and asks for one office to do some work and check on things. There is electric heat, but Councilors have some concerns about the safety.
John Welsh stated that the Council cannot override a contract with the Society. He stated that the Council has not stated the terms and conditions for the Society to be at Pennell and hopes that there will be a dialogue with them. He believes that the Fire Station interest was voted upon by the Board of Directors and should remain of interest. He stated that no scope of work for the interior has been determined and to ask the Society to move during the construction is not appropriate without further details. He commented that it would be an advantage to the Town to have the Society working at Pennell as there is a periodic presence. The Town has the obligation to take ordinary care of the building and the lessee should have access.
Councilor Gellerson stated that Doug Webster believes that there are safety issues. Doug Webster stated that based on information received he still stands behind his recommendation to close Pennell. Some additional monitoring steps can be implemented and would cost more but he still stands behind his recommendation.
John Welsh believes that if it meets code, what is the risk? If it is properly installed, and, in limited use, it should not pose a risk. Town Manager Cabana stated that the obligation of the Town is to find a suitable replacement space at the same rent.
Blayn Gray suggests renting a portable steam generator to keep the building warm temporarily and might be a temporary solution. He commends Doug Webster for his work and respects his opinion.
Louise Knapp agrees with John Welsh’s comments on the electric heat. She suggests getting a licensed electrician to assess the electric heat and its safety.
John Welsh stated that if there is an official statement of risk by an electrician he would like to know what it is.
Councilor Sturgis stated that there are renewal deadlines and insuring the safety of people and items, as well as temporary quarters are part of a discussion
John Welsh believes that these questions are necessary in the dialogue with the Society. Councilor Scheckel stated that the CEDC proposal included a complete historic restoration in the interior. Councilor Scheckel suggests that the Society create a draft to get a sense of what conditions they would like in the agreement. Louise Knapp believes that it is difficult to say what conditions they would like without seeing what the final product will be.
Karen Taylor stated that it is possible that the Town could terminate the lease and requests that the Fire Station interest remain open.
Leona Crooker read a part of their bylaws that indicates that if the building is closed, they can have the Fire station as temporary quarters.
Deb Mancini suggested that the Council reinstates its workshops to have a discussion with the Historical Society. She believes that this format would be an opportunity to help resolve this issue. They would also be a presence and assistance to the Town.
Lou Mancini believes that this issue has arisen because it appears that the Fire station might be given away. He stated that as a member of the CEDC and that the information on the Clark Block grant parking possibility would improve the value of the fire station. He suggests that the Council not create the impression that they want to give the Fire station away.
Councilor Grover asked Doug Webster if the Fire Station or the old Post Office could be used as interim quarters and whether or not they are practical. Doug Webster stated that with the Fire Station, there may be some fire separation issues, the furnace is in decent condition. If the first floor is not being used, then it might be appropriate The old post office building’s boiler is not in as good condition.
Councilor Gellerson suggested that Doug Webster and Ed Milose evaluate the electric heating system. Doug Webster believes that it is likely that no electrician would find anything wrong, but still believes that it is a risk and it is up to the Council to decide if they want to take the risk.
John Welsh believes that if it installed safely and properly there should not be any problems.
There was a discussion on how many people and the frequency of going into the building. Louise Knapp suggested 3 people for 2-3 daytime hours.
Councilor Sturgis supports continuing as is, but Councilor Scheckel does not want to take the risk and if Doug Webster recommends closing the building, she supports that. Councilor Hutchins accepts Doug Webster’s recommendation. She also stated that the Fire Station as a location during the renovation is something that should be considered. Councilor Scheckel agrees with the idea. Councilor Gellerson accepts Doug Webster’s recommendation and supports the Society moving into the Fire Station as temporary quarters.
Louise Knapp stated that something in writing is necessary if they are asked to move and that they can come back. She stated that permission will be needed to move the items.
Ruth Foster asked at what point the Fire Station was offered to the Society. Councilor Gellerson stated that the Society expressed interest in a letter this past summer.
Karen Taylor asked for clarification on whether or not they need to leave. Councilor Gellerson stated that they will need to move in the interim.
Councilor Hutchins moved; Councilor Scheckel seconded.
Motion that the Gray Town Council offers the Gray Historical Society the Main Street Fire Station as temporary space during the Pennell closing and renovation. Upon completion of the Pennell renovation, lease negotiations will resume.
Councilor Gellerson supports a Council workshop on this issue.
Councilor Grover wants to be certain that there are no large expenses to get the station ready in a short amount of time.
Doug Webster stated that moving the fire truck will need to be done, the second floor access is sturdy and the fire escape in the back needs to be addressed to provide a second egress,
Blayn Gray has offered his services to help get the fire station ready provided that the Town provides materials.
5 Yes
Item #069-09 To review and act upon a proposed amendment to Section 8 – Compensation, subsection F – Overtime Compensation of the Town of Gray Personnel Policy relative to overtime compensation.
Excerpt from Personnel Policy:
Overtime Compensation.
In accordance with the FLSA, overtime compensation is based on actual time worked. Actual work time include holiday, and vacation and sick time.
Councilor Sturgis moved; Councilor Scheckel seconded.
Ordered the Gray Town Council amends Section 8 – Compensation, subsection F – Overtime Compensation of the Town of Gray Personnel Policy by removing sick time as actual time worked for the purposes of overtime compensation.
5 Yes
Fifth Order of Business: ORDINANCES:
Sixth Order of Business:
Council Business:
- Schedule additional mutual committee/council meetings
Councilor Gellerson mentioned the Finance Committee. Councilor Scheckel believes that it would be educational and informative to have them speak. It can also create interest in more participation. An invitation will be extended.
Councilor Grover stated that the Planning Board should be considered since their role is significant in the Comprehensive Plan.
Councilor Scheckel commented on Yarmouth’s Planning Board format and Councilor Sturgis commented on Cape Elizabeth’s Zoning Board.
Councilor Grover suggests having the Board liaison speak to them.
Councilor Hutchins suggested Public Safety for the Feb. 3rd meeting.
Councilor Scheckel will follow-up with the Recreation Committee.
Town Manager Cabana brought up the ad hoc recreation committee she mentioned earlier in her the Town Manager’s report. Councilor Grover suggested using the existing the Recreation Committee. There was a discussion about the availability and viability of using the existing committee. There was a discussion on suspending the rules to bring people to the ad hoc committee (IE: Gray school employee, but lives in another town or a New Gloucester resident). There was also a discussion on creating a volunteer citizen’s advisory for this topic. It was also suggested to bring this up at the Joint Leader’s meeting. Councilor Scheckel stated that a parent’s comment she has received about the Recreation committee’s 3 year term as too long and suggests changing it
to one year to get more people involved. Councilor Grover stated that the rules would need to be suspended to appoint people from another community with 4 Councilors approving. There was also a discussion on other communities’ recreation committees meeting collectively.
Seventh Order of Business:
Additions to the Agenda:
Councilor Grover stated he still needs to provide a proposed charter amendment if the Town budget is rejected. He indicated that he will draft something for the rest of the group to review.
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 Sturgis moved; Councilor Scheckel seconded.
Motion to adjourn
5 Yes
The meeting ended at 11:30pm.
Minutes approved and accepted January 20, 2009 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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