MINUTES
GRAY TOWN COUNCIL MEETING
March 17, 2009
STIMSON HALL –7:00 P.M.
6:30 P.M. - Executive Session:
Councilor Sturgis moved; Councilor Scheckel seconded.
Ordered, the Gray Town Council will enter into Executive Session, For the purpose of deliberating over poverty abatement case # 2009-01 pursuant to 36 M.R.S.A. § 841(2)
The Council exited Executive Session at 7:37pm
Councilor Sturgis moved; Councilor Scheckel seconded.
Ordered, the Gray Town Council… (read as attached)
5 Yes
Roll Call:
Councilors Matt Sturgis, Mark Grover, Peter Gellerson, Tracy Scheckel, Margaret Hutchins.
Town Manager Deborah Cabana
Pledge of Allegiance to the Flag
Others present and speaking: Deborah Mancini, Lew Mancinci, Fran Monroe, James Monroe,
Minutes from Previous Meetings:
Approval of March 3, 2009, Town Council Minutes
Councilor Scheckel moved; Councilor Hutchins seconded.
Ordered the Gray Town Council approves March 3, 2009 Town Council Minutes as corrected.
Councilor Grover commented on Page 7 and asked if March 27th was the anticipated due date for the Pennell applications.
He also stated that the vote on page 9 should be 4 yes/ 1 No
Councilor Gellerson stated that on page 2 sentence, the sentence “nomination papers…” that April 24th is the due date. He also commented on page 7, the last paragraph should read 9 members and one alternate.
5 Yes.
First Order of Business:
Public Comments of Non-Agenda Items – (limit 3 minutes per person)
Fran Monroe stated that she attempted to find information on the building committee but could not find it online. She believes that this was not advertised and would like to know who was present at that meeting.
Councilor Sturgis stated that there was no meeting except for the mandatory walk through meeting for those who were considering putting in an application and the next regularly scheduled meeting is Thursday, March 19th and that the walkthrough was done by the building administrator, Doug Webster.
Fran Monroe wants to be certain that public notice made for meetings. She stated that there are funds for revaluation were given, but now it will not be done and wants to know why it will not be spent and asked for clarification.
Second Order of Business:
Reports from the Council Chair:
Councilor Gellerson stated that there is another daytime meeting on March 31st for the Construction Management at Risk.
Reports from the Town Manager:
Town Manager Cabana indicated that the notice of nomination papers are available online.
She stated that starting in June, travel outside the country will require a passport and suggests that should they need a passport they can go to the Windham Post Office to apply on Saturday, March 28th.
Committee Reports:
Councilor Hutchins state that the Solid Waste Committee is reviewing ordinances and are looking for new members.
Councilor Grover stated that the Library Trustees met on March 10th and that downloadable books are now available online. They discussed budget items and return of ownership of the library to the Town, updates to the Records Access Policy.
Councilor Sturgis stated this may be the time to craft a letter to the school district to revert the trust back to the town. He also stated that the Town Office Committee is meeting on the 19th and 26th.
Councilor Gellerson indicated that there is no ZBA meeting this month.
Councilor Grover asked if the Town Office Committee will be setting their meeting schedule at their next meeting. Councilor Sturgis stated that this is their goal and that their review process may take an additional meeting. Councilor Grover encourages the committee to have evening meetings for this process to allow more people to participate.
Councilor Grover commented on the organizational chart letter from the Town Office committee. Councilor Sturgis stated that it was a suggested format and not for any action.
Council Correspondence: None
Third Order of Business:
Interviews: Councilor Gellerson stated that there are several applications for a variety of committees. None were present.
Presentations: None.
Councilor Sturgis asked whether or not Blayn Gray should be interviewed for his interest in the Town Office Committee. Councilor Scheckel stated that there are 2 additional slots available and that by March 31st the committee members need to notify the Council of their intent.
Councilor Gellerson stated that it should be for the March 31st deadline.
Councilor Scheckel indicated that she believes that waiting to have a sufficient number for applicants for interview is inappropriate and that the Council is dragging its feet to get people to participate and believes that those who have expressed interest should be interviewed.
Councilor Sturgis stated that he believes that it is a question of timing. There was a discussion as to whether or not there would be an additional member to shadow an existing member. Councilor Scheckel stated that having them be part of the committee prior to the departure of other members gives them time to get acclimated.
Councilor Hutchins stated that the deadline for any vacant slots is March 31st. She would like to see the public have a bit more time and then at the April 7th meeting make the decision. The final decisions about who is interested in staying or to apply would give them 2 additional weeks.
Councilor Grover stated that the March 31st date was suggested to allow time to get clarity on who is participating and that the decisions about how many vacancies are available should be decided after the March 31st deadline and then should be decided at the next Council following March 31st. He does not object to interviewing them, but for the final decision/approval it should wait until after March 31st.
Councilor Scheckel stated that she does not agree with the waiting process. Councilor Gellerson believes that the final decision should take place after March 31st deadline
Fourth Order of Business: ORDERS
Item #092-09 To review and act upon appointing Deborah Cabana as Registrar of Voters for the Town of Gray.
Councilor Scheckel moved; Councilor Hutchins seconded.
Ordered the Gray Town Council appoints Deborah Cabana as Registrar of voters for the Town of Gray for a two year term to expire December 31, 2010.
5 Yes
Item #093-09 To review and act upon making appointments to the various boards and committees.
Councilor Grover moved; Councilor Scheckel seconded.
Ordered the Gray Town Council appoints Steve Arsenault as an alternate member to the Library Board of Trustees for a term to expire August, 2009.
Fran Monroe what was the date of his application. It was March 6th
5 Yes.
Councilor Grover was concerned about multiple New Gloucester residents for the Recreation Committee. Councilor Scheckel stated that she can speak with the applicants to get more information.
Item #094-09 To review and act upon authorizing Deborah Mancini to act on behalf of Lewis Mancini (during his leave of absence) on the Town Office Building Committee.
Councilor Sturgis moved; Councilor Grover seconded.
Ordered the Gray Town Council authorizes Deborah Mancini to act on behalf of Lewis Mancini during his leave of absence on the Town Office Building Committee.
Councilor Grover suggested a time certain for this appointment. Councilor Gellerson stated that the wording could be stated as “until he is able to attend the next meeting.”
Lew Mancini stated that it is likely to be about 3 weeks. He stated that this was a way for him to stay informed during his absence.
Councilor Hutchins asked if this is even necessary without knowing any meeting dates or if he would miss any meetings. Councilor Grover stated that this is a contingency plan. Councilor Gellerson stated that legal council has recommended that this process be done. Councilor Grover stated it also gives her voting privileges in his absence.
Grover moved; Sturgis seconded.
Motion to amend #09-09 to include “until his regular return to the committee.”
3 Yes/ 2 No (Scheckel/Hutchins)
James Monroe stated that this seems unusual and may be setting precedence as there are members and alternates and questions whether or not it is appropriate to have proxy votes. He also stated that delay on appointments to a committee is of concern. He believes that waiting is not appropriate as they will be part of the whole process and take on their responsibilities and involved throughout the whole process.
He believes that alternates are there for this purpose.
Councilor Scheckel stated that the Council had voted to create alternates for this reason.
Fran Monroe stated that it is imperative that these appointments be made. In the past, there has never been a proxy vote process and believes it is a bad precedence. An application can be made if necessary, but that 2 family members cannot be on the same committee.
Councilor Grover stated that at the next Council meeting the full committee will be appointed and that the existing group will need to make their decisions to stay or leave by March 31st. He stated that this appointment is a short term, specific case and will allow the committee to continue their work. He also stated that he does not expect to see more applications for proxy votes and supports this motion.
Councilor Sturgis stated that this is a unique situation and that Deborah Mancini has attended all the meetings as a public representative and supports this.
3 Yes/ 2 No (Scheckel/Hutchins)
Item #095-09 To review and act upon amending Section 602.33 of the Gray Town Council Rules.
This action requires a 4/5’s vote after an opportunity for public comment.
Proposed Amendments:
SECTION 602.33 - Ordinance Review Committee. A. Establishment: There shall be an Ordinance Review Committee consisting of five (5) members and two (2) alternates appointed by the Town Council for three (3) year staggered terms. B. Duties 1. The Committee shall draft Town Ordinances and amendments to Ordinances relating to zoning, subdivisions, land use, and other ordinances, all as requested or directed by the Town Council. 2. The Committee shall offer advice, assistance and make recommendations to the Town Council, Town Manager, Town Committee and Town staff as to needed changes in land use ordinances and the like, as directed by the Town Council.
Councilor Hutchins moved; Councilor Scheckel seconded.
Ordered the Gray Town Council amends the Town Council Rules to delete SECTION 602.33 (Ordinance Review Committee) in its entirety.
Deborah Mancini asked what will replace the ORC and asked why this is being done.
Councilor Hutchins stated that the needs and objectives of the ORC have changed and that at present there is someone else doing ordinances for the Town. The need for more people in tune with state laws etc may be needed and that at some point in the future, there may be some other group formed.
Councilor Gellerson stated that ORC’s purpose has changed and that Doug Webster has put together some possible suggestions for the future.
Deborah Mancini believes that there are sections of the Town’s ordinances that need to be fixed, and their work has been effective. She believes that there could be a hybrid of volunteers and Town employees. Councilor Hutchins stated that it is possible that it could be that way since there are state mandates and that the committee will be retooled.
Councilor Sturgis stated that he does not support the motion and that the committee has suffered from understaffing and lack of guidance from past Councils. He believes that it can be reconfigured and retooling it. It should not simply be abolished.
Councilor Grover stated that having professional planners draft ordinances has been good, but also believes that public input is important. The current structure may not be the best. He supports the motion to allow it to start fresh.
Councilor Hutchins believes that ORC as they exist should be disbanded and that something new be created.
Councilor Gellerson believes that having professionals has helped create clear ordinances and while volunteers are well intended, the ordinances in the past have been difficult for the Planning Board.
4 Yes/ 1 No (Sturgis)
Fifth Order of Business: ORDINANCES:
Sixth Order of Business:
Council Business:
- Discussion of Gray Historical Society for the May agenda.
Seventh Order of Business:
Additions to the Agenda:
- Comprehensive Plan committee
Councilor Grover moved; Councilor Sturgis seconded.
Motion to suspend the Council rules and Ordered the Gray Town Council discharges the Comprehensive Plan Advisory Committee
Councilor Grover gave an overview of the committee and has spoken to committee members and they did not object disbanding the committee. He stated that he had served on this committee in the past and did not support this as an ongoing committee and it is not the objective of the committee to implement the plan. He believes that at present, more action by the Council to take the Comprehensive Plan in mind has been good.
5 Yes
Eighth Order of Business:
Council Action Items, Assignments and Issues Status:
Mobile Vendor License Ordinance Amendment.
Clarify Committee Priorities
Mass Gathering Ordinance
Department Head Goals
Update Personnel Policy/Administrative Code
Ninth Order of Business: Adjournment
Councilor Scheckel moved; Councilor Sturgis seconded.
Motion to Adjourn
The meeting ended at 8:55pm.
Minutes approved and accepted April 7, 2009 by its Town Council:
_____________________________ ___________________________
Peter Gellerson, Chair Tracy Scheckel, Vice Chair
______________________________ ___________________________
Mark D. Grover Margaret Hutchins
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Matthew Sturgis
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