MINUTES
GRAY TOWN COUNCIL MEETING
April 7, 2009
STIMSON HALL –7:00 P.M.
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: Louise Knapp, Dick Walls, James Monroe, Leona Crooker, Gary Foster, Jean Bibber, Steve LaVallee, John West.
Minutes from Previous Meetings:
Approval of March 17, 2009, Town Council Minutes
Councilor Scheckel moved; Councilor Hutchins seconded.
Ordered the Gray Town Council approves March 17, 2009 Town Council Minutes as corrected.
Councilor Grover stated that on page 2 the correct term should read: The Records Access Policy.
Councilor Hutchins commented that on page 3, Item # 09-309 Steven Arsenault… The word “as” and not “an” should be included.
Councilor Gellerson stated that on page 3 the correct date is April 7th and not April 3rd
5 Yes.
First Order of Business:
Public Comments of Non-Agenda Items – (limit 3 minutes per person)
Louise Knapp asked about getting into Pennell to retrieve materials to move into the Main Street Fire Station. Councilor Gellerson stated that they will check with Doug Webster and let her know. He also stated that the Council will meet with the Historical Society on the lease and the transition of materials during the renovation at the May 5th meeting.
Second Order of Business:
Reports from the Council Chair:
Councilor Gellerson reiterated his comments about the Historical Society and encouraged volunteers to help them with the move.
Reports from the Town Manager:
Town Manager Cabana stated that the 2nd half of taxes were due on April 1st. Almost all taxes have been collected. She also commented that the Auxiliary Pantry is open the first and third Tuesdays should people have needs. Nomination papers are due on April 24th and include seats on the Council and School Board.
Committee Reports:
Councilor Sturgis stated that 13 proposals were received and the committee reviewed, ranked and created a tabulation and has elected to interview 5 applicants with the top scores and will be interviewed on April 15th and is open to the public to listen. There will also be an April 9th 7:30am meeting to review references and for the committee to do a dry run to make sure that the interviews will be done smoothly. He also mentioned that there have been a number of people who have attended meeting on the CM at Risk
Councilor Scheckel stated that the CEDC has started work on a website draft and will continue at their next meeting.
Councilor Hutchins stated that the Solid Waste Committee meets on April 8th and are still looking for volunteers
Council Correspondence: Councilor Scheckel stated that the Boosters have declined to participate in the picnic during Town Meeting.
Third Order of Business:
Interviews: Jeffrey Gilpatric, Blayn Gray, Brad Hutchins & James Monroe,
Bruce Macomber, Benjamin T. Verrill
Councilor Grover asked about a committee that Jeff Gilpatric had applied for. Councilor Scheckel stated that it was CEDC and there was a conflict of interest at that time.
Councilor Hutchins asked Blayn Gray about his address and whether or not he is living in Gray. Blayn Gray stated that he is temporarily in Gorham and will be back in Gray shortly.
Councilor Scheckel thanked Benjamin Verrill for his efforts as a young member of the community.
Presentations:
Public Hearing:
Council conducts an informational public hearing on the proposed budget to seek public comments before any official actions.
Town Manager gave an overview of some of the changes made on page 4 in the listing of the budget including the numbering of the chart of accounts.
She commented that the 09-10 Budget is $314,000 less than last year and highlighted the following:
Page 5-6 lists projected revenues.
She stated that it appears that this year’s budget will not be overspent, but that there will not be a lot left.
Page 6: She gave an overview of the projected revenue which includes revenue sharing. Revenue projected will be down $405,981
Page 7: Mil rate calculations. Revenue sharing will be down. She explained the differential and where the sources are.
Page 8: Bond Anticipation impact information.
Page 9: CIP information. They are looking into lease-purchase options for vehicles for examples as they are very low at present and could result in savings over the long term.
Page 10-11: Calculations on the various lease options
Page 12-13: Vehicles on the CIP schedule.
She reviewed page 1. The budget is within the LD 1 cap. Law enforcement option is not included in this budget. The voters will have an opportunity to vote on this. There are no increases in salary and benefits. Public Assistance is up. Debt Service is up and she gave the specific figures for the various categories. Capital Projects is down. She also stated that the Town staff has made many cuts including professional training, office supplies, and many other areas.
There is no money for road resurfacing, only basic cold patch repairs.
She also stated that interest rates are down. The school department will be doing a presentation on their budgets. 70% of the Town’s budget is for the school and 25% is for other Town Office.
She also thanked the community and the employees for all of their hard work and support.
Dick Walls stated that last year’s budget was short and covered by undesignated funds and this year’s projected budget shortfall is coming from the undesignated funds. The Town has revenue shortfall and that the State’s proposed excise tax cut on the November ballot will impact the Town. He stated that the School District will also have State funding reductions.
He stated that the Town’s $13.2 million bond debt on the various bond projects. He believes that selling the proposed town buildings in this economy is unlikely. There has been no discussion on putting the proposed Town Office project on hold. He believes that there will be a $1million shortfall next year and asks how it will be paid.
James Monroe stated that the budget information sheets are helpful and asks the Council to put the budget item on the next meeting agenda. He asked about $700,000 capital projects not being done.
Town Manager Cabana stated that the capital projects are down by that figure. It included the purchase of some vehicles as opposed to lease purchase option. It also included the Libby Brook/Weymouth Rd Bridge. The street reconstruction has been cut.
James Monroe does not agree with purchase of all the vehicles at once as he believes it is forced taxation. He also asked about the Public Works project and whether or not the total bonded amount for the project will be spent. There is no baler at this point.
Town Manager Cabana stated that there is about $100,000 left in the budget and the baler will not be in excess of the total amount of the project.
James Monroe also stated that the Pennell project has no specific amount for the project as he believes that the figures are preliminary and incomplete. He expressed concerns about any legal issues on the bonding process.
Town Manager Cabana stated that the Town is working with legal council to make sure that the reserves are set up properly.
There was an extensive discussion on the method and options for the sale of the properties and the funding of the project.
Leona Crooker stated that it appears that there is no money for the Main St. fire station.
Town Manager Cabana stated that no money was put aside for next year. There is some funding in this year’s budget to make some changes to get it ready for the Historical Society.
She also asked about Pennell Trust fund on page 6. Councilor Gellerson stated that no money is being taken out of the Trust fund as Pennell will be under renovation.
Gary Foster commented on the March 30th version of the budget has increases in retirement benefits.
Town Manager Cabana stated that this year’s budget includes anticipated increases in health care and that the listings are broken down by departments and that there is no salary increases. She stated that retirement benefits have been the same but there are some who have some longevity increases. She commented on the merit/longevity increases.
Councilor Sturgis commented on the figures on this on page 4.
Dick Walls asked when the final budget will be completed.
Town Manager Cabana stated the final budget is near completion. She stated that any changes/updates will be posted on the Town’s website in the next day.
James Monroe asked about the money for the revaluation. Town Manager Cabana stated that the revaluation will not be done and the Council will determine if these monies will be carried over or lapse to the undesignated fund. He also commented on the excise tax proposal and whether or not the Town has a contingency. Councilor Sturgis stated that it is significant but applies only to particular vehicles (new, hybrids etc). Town Manager Cabana stated that the reduction if this passes could be $700,000 ($300,000 from Jan-June 2010). She estimates that there will be $500,000 in excess of the 2/12 in the undesignated fund. If this changes, there could be a special Town Meeting or the Council will have to make some cuts if needed. It is difficult to predict
what will happen, if this will pass and what the next steps would be if this happens.
James Monroe believes that this budget should address what next year will be based on what the Town knows now and what will and will not be done.
Jean Bibber asked about LD1 and whether or not the Town is required to remain under a particular limit. Councilor Sturgis gave an overview of the formula and how it is determined. If the community wants to exceed or increase the limit, it needs to go to a vote and gave some examples. He stated that the key terms are exceed (for the one year) and increase (go beyond the state limits).
Steve LaVallee stated that he does not see any safety issues with the roads and took a hard look for this year and will revisit it next year. He commented on the Libby Brook/Weymouth Rd Bridge and stated that it is in very bad shape and has the highest traffic of the Town’s road and if it is not repaired, it would have to be closed.
2.) Renewal application for 2008 refuse hauler’s license for Almighty Waste.
Fourth Order of Business: ORDERS
Item #096-09 To review and act upon amending Section 602.38-A of the Gray Town Council Rules.
This action requires a 4/5’s vote after an opportunity for public comment.
Councilor Scheckel moved; Councilor Hutchins seconded.
Ordered the Gray Town Council amends the Town Council Rules to amend SECTION 602.38-A by increasing the regular members from five to seven and by adding “The Town Council shall also appoint two non-voting junior members, one each a resident of Gray and New Gloucester. Junior members shall not have reached their nineteenth birthday on the day of their of appointment, and shall be appointed for one-year terms which may be renewed in the same manner as appointments to other committees.”
Councilor Grover stated that he provided the wording to assist the Council and added the renewal phrasing.
Councilor Scheckel asked about age 19 restriction. Councilor Grover stated that it was phrased for junior members who may still be in high school.
5 Yes
Item #097-09 To review and act upon the 2008 refuse hauler’s renewal license for Almighty Waste.
Councilor Sturgis asked if the application is complete. Town Manager Cabana stated that it the application is not complete and stated that the owner expressed disagreement on this process. She stated that the recommendation is to not to approve this application or table this item.
No Action was taken on this item.
Item #098-09 To review and act upon making appointments to the various boards and committees.
Councilor Scheckel moved; Councilor Sturgis seconded.
Ordered the Gray Town Council appoints Ben Verrill as a youth committee member to the Recreation Committee for a term to expire August, 2009.
Councilor Hutchins stated that she will have to recuse herself from the voting process. Councilor Grover suggested that if this is handled as a whole procedure then she should recuse herself.
5 Yes.
Councilor Scheckel moved; Councilor Sturgis seconded.
Motion to suspend the rules, and appoint a citizen from New Gloucester, Bruce Macomber to the Recreation Committee for a term to expire August ,2009.
Councilor Scheckel requests that no more than 3 from outside Gray participate on the committee until there is a combined recreation committee.
Councilor Sturgis thanked the volunteers for their service. Councilor Grover, Gellerson and Scheckel stated that there are still open positions for this committee, 3 positions in total.
5 Yes.
Councilor Grover moved; Councilor Scheckel
Motion to accept Councilor Hutchins’ request for recusal.
4 Yes.
Councilor Grover stated that the highest vote should be for the seat and the second highest be the alternate.
Councilor Scheckel moved; Councilor Sturgis seconded
Ordered the Gray Town Council appoints Jeff Gilpatric as the ninth committee member to the Town Office Committee for a term to expire August, 2009
4 Yes.
Councilor Scheckel commented on her consideration of her choices and why she has been voting the way she has. Councilor Sturgis stated his reasoning of his choices as well.
Councilor Grover moved; Sturgis seconded
Motion to postpone the alternate selection to the Town Office Committee to the next Council meeting.
4 Yes.
Item #099-09 To review and act upon approving the expenditure of additional funding from the Cumberland County Community Development Block Grant Program.
Councilor Hutchins moved; Councilor Scheckel seconded.
Ordered the Gray Town Council approves the expenditure of additional funding from the Cumberland County Community Development Block Grant Program as follows:
$5000 for landscaping on the 3 Main Street lot along the public sidewalk as compensation for the re-location of a CMP utility pole and location of ground transformers on that property.~ Said utilities will service the entire Clark Block.
$15,000 to remove a row of pine trees along the common boundary of 7 Main Street and Dunkin’ Donuts adjacent to the north wall and roof of the 7 Main Street building, and replacement of the siding and roofing on the north end of the building that has been destroyed by weather and the effects of those pine trees.~ The grant of the $15,000 for the private improvements will be recoverable through a “due on sale loan” to the owner of 7 Main Street.
Councilor Scheckel asked if the “due on sale” is official. Town Manager Cabana stated that on approval of this order, it will be.
5 Yes
Item #100-09 To review and act upon a request for an application for financial assistance under the provisions of the Bureau of Parks and Lands ATV Fund for the purpose of constructing and maintaining ATV trails, according to the rules and plans of the Grant-In-Aid ATV Trail Program.
Councilor Sturgis moved; Councilor Hutchins seconded.
Ordered the Gray Town Council authorizes the application for financial assistance under the provisions of the Bureau of Parks and Lands ATV Fund for the purpose of constructing and maintaining ATV trails, according to the rules and plans of the Grant-In-Aid ATV Trail Program.
Brian Bronson of the State gave an overview of the grant process and stated that there needs to be sponsor and in case, the Town and it is a reimbursement grant of 70%. The match is generally provided by the club. He explained the process of trails through the CMP transmission lines and how the trails will be done.
Councilor Scheckel asked members of the ATV club where the match will come from.
John West stated that it will be in-kind services from the club and that there are no funds being requested from the Town. The trail will start at Gray Center.
Councilor Sturgis asked if others can use the trail. John West stated that anyone can use it unless the landowner has an issue.
5 Yes.
Item #101-09 To review and act upon authorizing the Town Manager to enter into an agreement between the State of Maine Department of Transportation and the Town of Gray regarding the maintenance of a traffic signal at the intersection of Route 26 and Libby Hill Road/Hannaford.
Councilor Scheckel moved; Councilor Hutchins seconded.
Ordered the Gray Town Council authorizes the Town Manager to enter into an agreement between the State of Maine Department of Transportation and the Town of Gray regarding the maintenance of a traffic signal at the intersection of Route 26 and Libby Hill Road/Hannaford.
Town Manager Cabana stated that there will be a flashing traffic light and the Town is required to maintain it. She stated that Hannaford wants a full traffic light, but State traffic studies indicate that there is not sufficient volume for left hand turns to meet the warrant numbers. She stated that once these numbers are met, then it can be reprogrammed. She
stated that this is in the budget. She stated that after Hannaford opens in September, Gorrill Palmer will do another traffic study. There will be police on site the first week it opens.
There was a discussion as to why the light is not an active light from the beginning.
Councilor Hutchins stated that Hannaford has been proactive and receptive about getting the light but that MDOT makes the call.
5 Yes.
Item #102-09 To review and act upon scheduling a public hearing on April 21, 2009 for the purposes of approving and adopting the proposed General Assistance Ordinance Appendixes B for the period of April 1, 2009 - September 30, 2009, as proposed by the State.
Councilor Sturgis moved; Councilor Hutchins seconded.
Ordered the Gray Town Council schedules a public hearing on April 21, 2009 for the purposes of approving and adopting the proposed General Assistance Ordinance Appendixes B for the period of April 1, 2009 - September 30, 2009, as proposed by the State.
Town Manager Cabana stated that this is part of the Federal Stimulus package and this step in required to follow the process required.
5 Yes.
Fifth Order of Business: ORDINANCES:
Sixth Order of Business:
Council Business:
Seventh Order of Business:
Additions to the Agenda:
Almighty Waste application
Tabled motion on alternate member for Town Office Committee.
There was a discussion on Item 105-09 and combining the 2 bonds and Item 107-09 to increase the franchise fees for Gray Cable.
Councilor Scheckel asked to see a lease draft prior to the May 7th Council meeting. There was a discussion on what the lease should include and an extension of the lease.
There was a discussion on a print to be moved and restored from the Historical Society via a grant they have received.
There was a discussion on the LD1 wording change.
Councilor Scheckel reminded the group on the Town Picnic. There was also a discussion on Town Meeting location. Town Manager Cabana stated that if there is a picnic at the High School things may have to be moved and it needs to be stated in the warrant.
The consensus was to leave it up to the Town Manager to secure the best location for the meeting and let them know.
Eighth Order of Business:
Council Action Items, Assignments and Issues Status:
Mobile Vendor License Ordinance Amendment.
Gray Historical Society Lease
Mass Gathering Ordinance
Department Head Goals
Update Personnel Policy/Administrative Code
Ninth Order of Business: Adjournment
Councilor Sturgis moved; Councilor Scheckel seconded.
Motion to adjourn
The meeting ended at 9:35pm.
Minutes approved and accepted April 21, 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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