Roll Call
Councilors Matt Sturgis, Mark Grover, Peter Gellerson, Tracy Scheckel, Margaret Hutchins
Town Manager Deborah Cabana
Others present and speaking: Pam Wilkinson, Fire Chief Plummer, Jeannie Carpentier, Joyce Burrell, Glen Walton, Blayn Gray, Bill Dale.
Pledge of Allegiance to the Flag
Councilor Gellerson stated that the Executive Session will take place after the regular meeting.
Minutes from Previous Meetings:
Approval of January 6, 2009, Town Council Minutes
Councilor Sturgis moved; Councilor Hutchins seconded.
Ordered the Gray Town Council approves January 6, 2009 Town Council Minutes as corrected.
Councilor Sturgis that John Welsh’s name is spelled as John Welch.
Councilor Grover stated that there is no need to make a motion to bring back a postponed item.
Councilor Gellerson commented on page 2, 2nd order of business, 1st paragraph should read …”one of the only communities with a food pantry within Town Hall.”
He also commented “the citizen’s committee “to” follow, should be added, finally, on page 7: the motion should eliminate: 2 regular council members and a Planning Board member.
5 Yes
First Order of Business:
Public Comments of Non-Agenda Items – (limit 3 minutes per person)
Pam Wilkinson commented on the Shoreland Zoning Ordinance review and agrees with the work. She
stated that Windham is also in the same process and suggests that Doug Webster work with their staff to
help make the ordinances the same within each town. She also asks that the community have the
opportunity to review the document.
Second Order of Business:
Reports from the Council Chair:
Councilor Gellerson commented on a phone call from Louise Knapp of the Gray Historical Society and she would like to have access to work in Pennell from April 1-end of May.
Reports from the Town Manager:
Town Manager Cabana commented on the CDBG grant opportunity that was discussed at the December 2nd Council meeting and indicated that the Council supported George Thebarge’s efforts to do a pre-application and asks them to suspend the rules to allow these applications to happen. Councilor Grover suggested adding it to the Additions to the Agenda section.
She also received a report from Time Warner Cable on price adjustments. She reminded people that dog licenses were due Dec. 1st and that there is a 30 day grace period and after that there is a $15 late fee. 2/3 dog owners have not yet licensed their dogs. Licenses can also be done online. After Jan. 31st there will a warrant by the Council for a $25 late fee for licensing. She urges everyone to get their dogs licensed before Jan. 31st.
Updates on fuel consumption: Town Manager Cabana gave the breakdown of fuel consumption to date and compared the figures to last year. Fire Chief Plummer also gave his figures on fuel consumption. While they have been working on conserving fuel and there appears a minimal savings, the call volume has increased, including more structure fires and accidents as more inspections and trainings. He was pleased to report that they have been saving $200 a month on electricity recently because of more efforts at central fire station. He gave a breakdown on which vehicles use gasoline.
Councilor Grover commended everyone for their efforts to work on savings in fuel consumption.
Councilor Scheckel asked what the percentage increases are in the various types of calls. Fire Chief Plummer stated that there have been increases and varies from time to time.
Councilor Gellerson asked if there is compensation when going to other towns. Fire Chief Plummer said no, but that it is part of the mutual aid concept that the communities share.
Committee Reports: Councilor Scheckel stated that the Recreation Committee has 2 new members and are looking into consolidating efforts.
Councilor Sturgis stated that Planning Board has not met.
Fire Chief Plummer gave an update on 2 grants- 1 from FEMA for a new tanker (3,000 gallon tanker) and the other is for online training for fire and rescue for both mandatory and other training which can be done at home.
Councilor Grover gave an update on the Library Trustees and on the leaking roof. Doug Webster has worked to solve the issue temporarily. They also have requested an email address.
Dry Mills School House- Councilor Grover stated than is an estimate on restoring the floor and believes that this has been given to Doug Webster.
Town Hall Committee- He stated that he is not speaking for them, but as an attendee the committee voted 7-0 to request that the Council take action on Construction Management at Risk. They would like to see the Council address this issue at the next meeting. They would like to be certain that their efforts are not dismissed by the Council. He also suggests that more councilors attend to report back.
Town Manager Cabana stated that the Library Trustees’ email address request may not be doable at this time due to limitations (number of emails available) and cost, but perhaps for next year as the budget is prepared.
Councilor Grover stated that ORC has not been scheduled to speak at a Council meeting. He asked about the Street Ordinance Review Committee and would like to see a report when they meet.
Councilor Gellerson stated that the Finance Committee met and is impressed with Androscoggin Bank and their efforts with managing the Town’s funds. He stated that interest rates are declining which will impact the Town. He will ask the committee chair to have them speak before the council.
Council Correspondence:
Councilor Grover indicated that he received some comments on the policing issue. One supports citizen patrol, another has skepticism on police cost and the other expressed support for lake policing in the summer.
Third Order of Business:
Interviews: Proposed Appointments to the Recreation Committee.
Presentations: Pam Wilkinson regarding milfoil eradication in Little Sebago Lake-
Pam Wilkinson, milfoil operations and member of the Board of Directors, Little Sebago Lake
Association presented some handouts on the milfoil areas on the lake. She stated that there has been
success in various areas in eradicating milfoil and that there are some reductions. She described some of
their tasks and the locations they are working on in this process. They are developing protocols which
the State has been looking at and that other areas in and outside of Maine are using in their work.
Councilor Grover asked about the change in clearing milfoil amounts being collected. Pam stated that
clearing it still takes the same amount of time even if there is a decline since the process to clear the
beds is the same and explained the process. Councilor Grover asked about efforts with the other lakes.
Pam stated there is a meeting at least once a year with the other lake Gray lake associations and that they
are open to give any advice, assistance or ideas. At present the other lakes are not affected because they
do not have boat ramps. Pamphlets have been printed to help boaters understand the impact. Councilor
Scheckel asked if someone can inspect the boats for a fee and the money could go back to the
association and there is a way around the free state boat launch. Pam Wilkinson said that they have
someone there to inspect and plans to work with the legislature on eliminating paying the state a $55 fee
for permission to have milfoil removed. Councilor Sturgis reminded the group that studies have shown
that milfoil impact reduces the value of lake property which impacts the Town fiscally.
Presentation from CEDC- Jeannie Carpentier discussed the 2009 goals and provided a report and the
focus will be the marketing of the Town. She suggest creating a CEDC website and link to the Town’
site and help improve the Town’s site in general. She also suggests develop a stronger relationship with
Gray/New Gloucester Business Association, work with current businesses on distressed and
underutilized properties to help with improvements. Forming an economic development organization is
not feasible at this time, but the other activities can be. She asked if the Council has suggestions for
their assistance with zoning. She stated that updating the website may require funding.
Councilor Sturgis agrees with the suggestions as it reaches the maximum number of people and supports
their efforts.
Councilor Grover also supports their efforts. He had previously suggested that the committees set goals
and CEDC’s efforts is an excellent first step to the process. He stated that the Gray/New Gloucester
Business Association has a website and might be good to connect with them.
Councilor Hutchins stated that CEDC’s past efforts is an indication of their future success. Councilor
Scheckel asked what the Town staff and the Council can do to help them. Jeannie said that the dialogue
between CEDC and the Council is a good first step and believes that in the future they will be able to
communicate more with them.
Councilor Gellerson ask the committee to consider coming back with concrete ideas/suggestions that
might be helpful to be included in the Town’s budget. Jeannie said that they have been working with
people to get some ideas and should be able to get back to them in a couple of months.
Councilor Grover proposed some suggestions a couple of months ago and reviewed them again that may be of help to them.
Councilor Sturgis ask them to consider goals that are measurable and attainable to achieve success.
Presentation from Library Trustees- Glen Walton commented that the use of the library has increased dramatically due to the economy. He introduced all the members of the Trustees. He stated that the Trustees are working very hard to keep the library services available. He stated that their goals and included a review status of funds, storage of books, energy savings, review of policy and state standards, program, and assisting the librarians with present and future projects. He stated that over 1,000 people have come to be new patrons in the past 2 years and gave an overview of the services provided. The 2002 comprehensive report stated that the library was at its limits space wise, and they are still currently at the same location and ask the Town to consider this at the time of the budget
as use increases. The Trustees presented the Council with a library card application and ask them to complete it and stop by.
Councilor Hutchins supports their goals. Councilor Sturgis agrees as well and enjoys the library.
Councilor Grover stated that he is proud for all of their work and their efforts to keep the public aware
on their services. He stated that there are state library standards.
Councilor Gellerson asked what the most pressing issue is. Glen Walton stated that space is the main issue and someone who can help with the technology being used in the library today as the need has increased. Volunteers are already needed. Councilor Gellerson asked whether or not a branch would be of interest. He also suggested that the Council visit the various groups (library, public works etc) as the budget process is in the works as a way to help better understand what they do and what their needs are and would be of help to answer their budget questions. The Council agreed with this idea.
Joyce Burrel would prefer that they not attend as a whole group but suggests that they stop by
individually at different times to see all that they do.
Councilor Grover suggested Feb. 7th was suggested as a tentative date for a visit. Town Manager
Cabana will be checking in with the department heads.
Public Hearings: None
- To hear public comment regarding a liquor license renewal application for Zhen Bin Huang d/b/a China Village, located at 271 Shaker Rd.
No public comment.
Fourth Order of Business: ORDERS
Item #071-09 To review and act upon making potential appointments to the Recreation Committee.
Councilor Scheckel moved; Councilor Hutchins seconded.
Ordered the Gray Town Council appoints Tina Martell and Howard Hughes to the Recreation Committee for a term to end in August of 2010
Councilor Grover commented positively on the applicants and their applications. Councilor Sturgis commented that they have 2 great volunteers.
5 Yes
Item #072-09 To review and act upon liquor license renewal application for Zhen Bin Huang d/b/a China Village, located at 271 Shaker Rd.
Councilor Sturgis moved; Councilor Scheckel seconded.
Ordered the Gray Town Council authorizes the liquor license renewal application for Zhen Bin Huang d/b/a China Village, located at 271 Shaker Rd.
5 Yes
Item #073-09 To review and act upon authorizing the Town Manager to extend the current tolling agreement with Time Warner Cable TV.
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 extend the current tolling agreement with Time Warner Cable TV until after the state’s model franchise agreement has been approved and a local franchise agreement can be negotiated.
Councilor Grover asked the Town Manager to clarify why this is taking place. Town Manager Cabana there is a state model agreement is in process but not completed and requests an extension until June
5 Yes
Item #074-09 To review and act upon approving a proposed application for a CMP Pole Location, located at Dutton Hill Road also known as Center Road.
Councilor Sturgis moved; Councilor Scheckel seconded.
Ordered the Gray Town Council approves the proposed application for a CMP Pole Location, located at Dutton Hill Road also known as Center Road.
Councilor Sturgis asked if in the future, the Town Manager be able to sign off on these. Town Manager Cabana gave an overview and stated that this can be put on the agenda to give her permission to do so in the future.
5 Yes
Fifth Order of Business: ORDINANCES:
Sixth Order of Business:
Council Business:
- Discussion regarding draft Town Charter amendment
Councilor Grover gave an overview of the process as it appears in the Town Charter, but not what the process is if rejected. He has offered the following options which he gave to the Council.
Amendment Option 1**
Article VIII. Section 1. [Add the following text.-] If any budget articles are rejected or a resulting budget is inconsistent with state law, the newly elected Town Council shall call a Special Town Meeting within twenty-one (21) days of the election to consider and establish the rejected budget articles. At such Special Town Meeting, the amounts of the rejected budget articles may be lowered or raised by the Meeting voters. Any vote at this Special Town Meeting passed by less than a difference of five percentage points must be placed on a referendum ballot for a vote within ten (10) days of the Special Town Meeting. Any article which is not approved by a majority reinvokes the provisions of this section with respect to rejected articles.
Amendment Option 2
Article VIII. Section 1. [Add the following text.-] If any budget articles are rejected, or a resulting budget is inconsistent with state law, the newly elected Town Council shall produce revised budget articles after an opportunity for public comment. It shall then call a Special Town Meeting within thirty (30) days of the election to discuss and vote on those articles and to determine the budget.
Amendment Option 3
Article VIII. Section 1. [Add the following text.-] If any budget articles are rejected, or a resulting budget is inconsistent with state law, the newly elected Town Council shall produce revised budget articles after an opportunity for public comment. The Council shall call a referendum within thirty (45) days of the election to approve the revised budget. The Council shall hold at least one Public Hearing prior to the referendum. If any budget articles at this referendum are rejected, or a resulting budget is inconsistent with state law, the Town Council shall produce newly revised budget articles after an opportunity for public comment. It shall then call a Special Town Meeting within thirty (30) days of the referendum to discuss and vote on those articles and to determine the
budget.
** Amendment Option Document provided by Councilor Grover
He supports option 2 as it allows public comment at a new town meeting.
Councilor Scheckel asked for clarification on the process and asked if there was a simpler way to bring the items as a whole to the ballot.
Councilor Grover stated that at Town Meeting, articles are approved and possibly approved but reduced.
There was a discussion on what is legal as the charter is written. Town Manager Cabana stated that the Charter allows the Town to call a special meeting when needed. The current charter does allow for flexibility and that Councilor Grover’s suggestion exists without a specified timeframe.
Bill Dale, Town Attorney stated that state law has rules about changing town charters but allows a great deal of latitude. There have been changes in the last few years. He believes that what is being discussed would be a charter change requiring a proposal to be brought before the voters, and not an amendment. An amendment is a simpler process, but charter changes require charter commission etc. Voter requirement needed is 30%. He suggests keeping the process simple, but leaves it up to them to decide.
Councilor Grover stated that his suggestion is meant to clarify what would happen and a specific timeframe to be done if an article fails and believes it would bring clarity.
Councilor Sturgis supports the Town Meeting concept and suggested that this be an open item at an upcoming meeting.
There was a discussion on whether or not the process is successful.
Bill Dale commented that Kennebunk has made some changes to their charter and puts all the referendum and zoning to public vote.
Councilor Grover stated that it is not his intent to change the process but to provide clarity. Councilor Scheckel stated that if there is already a provision in the charter that provides for this and add a time sensitive element. She suggested that perhaps having a charter committee revisit this item.
Councilor Hutchins believes that a process already exists and that this issue should not pursued. She doesn’t like the Town Meeting, and believes that for many, people are busy, but supports the referendum process. Councilor Gellerson does not object to Town Meeting but the referendum process yields more votes and is a better representation in the democratic process.
The Council members supported leaving the issue as is for the time being.
Town Office Committee-council liaison- Councilor Sturgis has agreed to participate. He reminds the group about posting the meeting in advance.
Item #075-09 To review and act upon appointing a Council liaison to the Town Office Committee.
(A motion to suspend the Town Council Rules to add this item is required.)
Councilor Grover moved; Councilor Scheckel seconded.
Move to suspend the Town Council Rules and appoint Councilor Sturgis to the Town Office Committee.
4 Yes
Item #076-09 To review and act upon supporting the 2009 CDBG applications.
(A motion to suspend the Town Council Rules to add this item is required.)
Councilor Sturgis moved; Councilor Scheckel seconded
Move to suspend the Town Council Rules to resolve that the Town Council supports the following 2009 CDBG applications:
1. Clark Block parking and access
2. Sidewalk to Pennell
5 Yes
There was a discussion about the sequencing of their RFP work. Town Manager Cabana stated that Doug Webster believes the committee is finding it challenging to design both RFPs (construction management at risk and design to build) and are asking for some direction and ask the Council to provide it its recommendation for construction management at risk.
Councilor Grover will get some clarification from the committee.
Councilor Grover stated that there will be a workshop meeting on Jan. 26th on future policing issues with public input.
Councilor Sturgis 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 relative to the horizontal baler issue for the transfer station).
4 Yes – 1 abstain (Councilor Scheckel)
Councilor Scheckel asked to recuse herself from the Executive Session.
Councilor Sturgis moved; Councilor Hutchins seconded
Motion to recuse Councilor Scheckel from Executive Session
4 Yes
Blayn Gray stated that he has volunteered to help the Gray Historical Society and that the CEO has offered to go with him, but would like to have some direction on how to proceed.
Councilor Scheckel stated that Gray Historical Society has not definitively replied and recommends a letter be sent to get a definitive answer. She believes that there should be some reply from them. There was a discussion on getting a reply prior to the end of their lease.
Blayn Gray suggests giving the Council an update on what needs to be done at a subsequent meeting. The Council agreed.
Councilor Gellerson has offered to call Louise Knapp to find out more. Town Manager Cabana stated that if it is the decision of the Council is to not have anyone in the building by July 1st, they need to express that to the Gray Historical Society and that this letter needs to definitely state that June 30th as the lease expiration. She is willing to put a letter together provided the Council is in agreement. Councilor Grover suggests a letter ready for the next committee meeting.
The Council entered Executive Session at 9:37pm
The Town Council came out of Executive Session at 10:45 p.m.~
~
Councilor Sturgis moved; Councilor Hutchins seconded.
Ordered the Town Manager and the Town Attorney write a letter of response to the parties involved.
4 Yes
~
Seventh Order of Business:
Additions to the Agenda:
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
Ninth Order of Business: Adjournment
Councilor Sturgis moved; Councilor Hutchins seconded.
Motion to adjourn
4 Yes
The meeting ended at 10:46pm
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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