MINUTES
GRAY TOWN COUNCIL MEETING
April 20, 2010
STIMSON HALL –7:00 P.M
Roll Call:
Councilors Matt Sturgis, Mark Grover, Peter Gellerson, Cathy Manchester, Margaret Hutchins
Town Manager Deborah Cabana
Others present and speaking: David Lunt, Claude Morgan, Andy Upham, Stan Mailman, Lew Mancini, Jeanne Carpentier, Donnie Carroll, Doug Webster, Leona Crooker, Ray Clark.
Pledge of Allegiance to the Flag:
Minutes from Previous Meetings:
Approval of March 16, 2010, Town Council Minutes.
Councilor Sturgis moved; Councilor Hutchins seconded
Ordered the Gray Town Council approves March 16, 2010 Town Council Minutes as corrected.
Councilor Grover commented on a sentence on page 6 as incomplete. He believes that it should say- doesn’t “object.”
5 Yes
First Order of Business:
Public Comments of Non-Agenda Items – (limit 3 minutes per person)-NONE
Second Order of Business:
Reports from the Council Chair: NONE
Reports from the Town Manager:
Town Manager Cabana indicated that taxes were due on April 1st and thanked the staff for their work. The new software has made this process much easier. There is a possibility for the Town to receive some donated furniture from TD Bank for use in Pennell. There will be more details to follow.
She read a letter commenting on the Gray Center by Goody’s Pizza and how much they like it.
Committee Reports:
Councilor Sturgis gave a quick Pennell report. He stated that the roof and shingling is being done and other interior work, siding and the like is in progress or will begin in the next couple of weeks including drywall, as well as interior demolition is nearly complete. The project completion date is mid July
He also said that the GMP is at $2,374,046.00
He also said that the GPCOG meeting will be soon and will provide more details on initiatives.
The next Pennell public tour is April 17th.
Councilor Gellerson stated that the Street Ordinance and Driveway Ordinance work done by the Street Ordinance Committee will be brought before the Council
Council Correspondence:
Councilor Grover –Susan Austin has the first 1.6 miles of Route 115 is in the state budget.
He also commented on a letter requesting that IDEXX consider Gray as their new location.
Councilor Gellerson stated that they have already made their announcement on expansion in Westbrook.
Third Order of Business:
Presentations: David Lunt & Steve Gorden regarding Cumberland County Charter Commission
David Lunt and Claude Morgan presented information on the Charter Commission.
David Lunt gave an overview of why he chose to be on the Charter commission. He stated that he believes that there some things that can be changed for the benefit of the county. The Charter Commission is comprised of 9 members, 2 from each district and 3 appointments. A final version of the proposal should be on the November election ballot. They are working on getting more information to the public so that they can be better informed for the election. There are 2 counties in Maine that have charters out of 16 in total. All other counties operate under the state rules. The county has 3 districts which are different in total number of communities. District 3 (Gray’s district) is comprised of 15 towns spread in long distances. There are more and more mandates from the
federal government.
He believes that the concept of regionalization should be thought of as collaboration to share in the efforts and resources. The charter would improve support, accountability, resources and assistance to the town and can be a resource to obtain further federal funding which they cannot do now as there is no charter.
Cumberland County is 250 years old.
Claude Morgan, Chair of the Commission stated that the general public considers county government as invisible or a negative experience for people (courts etc). He cited the Registry of Deeds as an example of the type of positive work that is of benefit to people (property rights protection)
To improve opportunities and possibilities and as the demographics are changing, an updated, flexible charter is needed. He stated that short of a charter there is no mechanism for citizens to change ineffective aspects of county government. The transparency and flexibility will allow them to meet citizens’ future needs. He asked for support and endorsement of this charter and the process. This process has been a grass roots effort to modernize.
David Lunt stated that it can also be viewed by going directly to the Cumberland County website and there is a comments link there as well for people to write their views.
Councilor Grover thanked them for their presentation. He supports expanding the commission size. He cited a couple of errors including spelling. He commented on the section on emergency meetings via telephone which he believes violates the public involvement on meeting.
Councilor Sturgis asked what will happen if the charter is not ratified. David Lunt stated that the process would begin all over again. A simple majority of vote is needed. The Registrar of Deeds and the Treasurer would be elected positions. Claude stated that these positions’ terms would come to a close, so placing them as an elected position would be timely. There are some statutory reasons and State laws for an elected Sheriff which can be argued. He would like to see the public process evolve with this. Some of the positions now require more sophisticated skills and should be considered more professional positions rather than elected. Councilor Sturgis believes that there are some good opportunities. Claude stated that he appreciated his
comments but doesn’t want to lose the charter vote.
Councilor Sturgis asked about the jail system control. Claude stated that by statute county government cannot be extinguished, but it can be modernized. They have chosen not to tackle the county jail system control at the present time.
Councilor Sturgis stated that he supports expanding the number of commissioners to better reflect the number of communities and to stay connected with these communities as they contribute funds to county government. There was a discussion on what the possible changes in the financial decision making process as proposed in the charter draft that would make positive changes in the process and brings more accountability and effect change.
Councilor Gellerson asked what the timeline for comment is. David Lunt stated that it would be by the end of May.
Public Hearing:
Council conducts a public hearing on the proposed FY 10/11 Municipal Budget.
Andy Upham stated that his comments would be directed to the Council. He stated that other towns are struggling with single digit increases. Gray’s is a proposed 10% increase which he is amazed is being considered. Preparation of the Town budget should have clear documentation.
He commented on the preamble and believes that everyone should have an expectation of hard work from everyone and that the most important items should be highlighted. He disagrees with the proposed highlights. He cited some items such as roads that he considers most important. He also stated that there should be more facts.
He commented on Item 1 regarding heat/power for Pennell and stated that he believes that this amount isn’t clear. Item 2: He commented that the amount includes PT staff salary.
He commented on debt service and roads, as well as, the lease agreements. He read some of the figures.
He believes that lease agreement does not belong under debt service.
Item 4: He commented on the statement “restores road maintenance.” Road maintenance needs to be done every year. Councilor Sturgis corrected Andy on some of the inaccuracies.
He also commented on the insurance line item with increases in workman’s and unemployment insurances. He also cited recycling and asked if there is going to be sufficient information on what equipment they need and will get. He commented on buildings and grounds and that a new cemetery fund has been created. He states that there is some discrepancy in the information and funding figures in public works etc.
He commented on the revenue stream. He stated that the fire/safety (rescue fees) have increased 8% yet Wilkie’s Beach has no increase. He disagrees with this consideration.
He supports the consideration of maintaining the mil rate and the utilization of underused funds. He would like to see more details on the expenditures in discretionary and non-discretionary funds. If the Town plans on adding staff, there should be justification on their value to the Town.
Stan Mailman stated that the increase in his property taxes is significant and that a priority for business development should be considered. He also commented on the unused town buildings and that they are a liability to the Town. He believes that it is an unequal balance for tax rating for living on the lake.
The roads are one of the most important things he pays taxes for. He believes that the Town’s roads are deplorable. He believes that while there is a new Town Hall, it isn’t the center of Town. The other buildings are not being maintained. He commented on the road associations’ work. He stated that he is confused as to how the Town’s growth can be achieved solely by property taxes.
Councilor Gellerson stated that Stimson has been leased for 3 years with sweat equity by the lessee to paint the building. Stan stated that he wants to be sure that the value of the lease outweighs the costs for the Town to maintain the building. He is not comfortable with the lease agreement arrangement. He stated that he is confused with the spending objectives in the budget. He believes all of the safety elements of the Town should be the priorities and there tends to be budget cuts in those areas. He believes the items are not clear in the proposal. He is also commented on other aspects of Town projects. He stated that he intends to attend meetings more often to see how the money is being spent.
Lew Mancini stated that the citizens have been good to him during his rehabilitation and appreciates them.
He thanked the other members of the public for commenting even if he doesn’t completely agree. He would have like to see more money spent in the proposed budget. He expressed disappointment that the Gray Cable additional position is not fulltime. He commented on the Town’s website and that a better one would be a better business marketing tool. He believes that without economic development the Town will continue to be a bedroom community with bare services or high property taxes.
He commented on the bond issues. He supported them. He was not made aware at that time that potential cuts could occur in other areas as a result. He did not have this consideration in mind in his decision making process for supporting the bonds.
He stated that it is has been a difficult time for everyone but he wants to see that the Town moves ahead and that the Town needs to address the real issue of what it would like to be. He stated that in conversation with a friend that “the sky isn’t falling everyday and that we shouldn’t think that it is.”
Jeannie Carpentier thanked the Council for their efforts to have the public comment. She stated that she supports the economic development efforts of George Thebarge.
Fourth Order of Business: ORDERS
Item #096-10 To consider future leasing options for the Gray Historical Society.
Councilor Sturgis moved; Councilor Hutchins seconded
Ordered the Gray Town Council authorizes the Town Manager to enter into a lease agreement between the Town of Gray and the Gray Historical Society located at the Main Street Fire Station.
Andy Upham asked for a summary of the lease agreement.
Councilor Gellerson stated that it is for 10years at $1 per year with sweat equity by the Historical Society.
Andy asked if the Fire Station is for sale. Councilor Gellerson said yes it’s possible during the term and they have first right to purchase if the opportunity arises.
He commented on the lack funding of the Historical Society by the Town. He disapproves with this line item consideration. He believes that they contribute a great deal to the community. There are other line items with funding.
Town Manager Cabana stated that there are funds in building improvements for support of the Historical Society being located in the Main Street Fire Station.
Councilor Gellerson stated that the Snowmobile Club brings in over $4,000 in fees to the Town via registrations and the Gray Endowment is Libby Hill which is why there is funding for them.
Councilor Sturgis stated that the line item has been created for future funding. This year the funds are for the building to get it up and running for the Historical Society.
Donnie Carroll, Chair of the Gray Historical Society commented on the issue.
Town Manager Cabana stated that the Gray Historical Society requested $6,000 each year for the building by the Town with a match from GHS each year. This lease does not address the matching funds and this conversation should need to take place.
Donnie stated that he would like that for consideration. He stated that there is limited access to the building creates issues under the damages portion of the lease so that they would not be responsible. He would like to see the wording tightened up for their protection.
Councilor Gellerson asked if the Council objects to altering the wording about restricted access and protection issues.
He also asked about the wording on the Gray Historical Society investment in the event of a sale. Councilor Sturgis stated that it may be good to get legal counsel to get the proper wording. Councilor Grover stated that a qualifying message that the funding above the match should be considered. The Council did not object.
Councilor Hutchins indicated that the Town would not be responsible for their items in the event of damage. The money put into this would be given back through their personal contents insurance.
Donnie stated that while everyone has insurance if they have restricted access they would not be able to notify the Town of potential damage.
Councilor Gellerson suggested including a Town inspection 2 times a year for example.
Doug Webster stated that the access restriction in the lease may be intended for use only. He suggests including a periodic inspection by both GHS and the Town in the lease to address their concerns.
Leona Crooker stated that a late summer wind storm had some metal trapped on the roof and believes that it may be part of the trap door. She asked if this would create a leak that this could create an issue of responsibility.
Andy Upham stated that the issue of insurance is separate. He believes it is an issue of diligence of maintenance and supports the recurring inspections and that repairs be done as a result.
Donnie Carroll asked why the match wouldn’t be considered for compensation at the time of sale.
Councilor Sturgis stated that not every invest yields the same return. He suggests that legal counsel come up with some wording for this.
Councilor Manchester stated that wording can state the “Town may reimburse” but there is no indication what the value of the property might be in the future.
Donnie Carroll stated that the GHS concern is that should it be for sale and it is beyond their means it would put them in a bad position with their investment.
The consensus is to have the GHS and the Town and legal counsel to review and come up with some wording.
Donnie cited a couple of small outdoor maintenance issues that should be resolved.
Councilor Manchester moved; Councilor Sturgis seconded.
Motion to amend Item #096-10: The Gray Council authorizes that the Town Manager to work with the parties to rework the lease as discussed at the April 6, 2010 meeting, and to change
the wording of the lease term to state: “to enter into a 15 year lease agreement” and
to include wording on periodic building inspections, offset the improvements in the event of sale and include the phrase “ the Town may reimburse” in Section 5 of the lease agreement.
Stan Mailman stated that there is no value listed for the Fire Station at present and that there should be a price structure.
Councilor Gellerson stated that the Town is not actively selling the building at present, but the lease includes wording that needs to be considered.
Andy Upham believes that 15 years is too long a term and that the lease should be a conduit to prepare the GHS to give the building to them in the future.
Councilor Grover stated that he was comfortable selling both the Fire Station and Stimson be sold to the lessee for a low price and that the buildings become theirs.
Councilor Hutchins stated that she believes the Council agreed to 15 years and supports this consideration.
Councilor Grover believes that anything beyond 10 years is irresponsible and would vote against it.
Amended motion: 3 Yes/ 2 No (Gellerson/Grover)
4 Yes/ 1 No (Grover)
Item #097-10 To consider a gift from the Gray Public Library Association.
Councilor Manchester moved; Councilor Hutchins seconded
Ordered the Gray Town Council receives a donation from Gray Public Library
Association of an engineer plan and cost of construction to reinforce the floor structure
to the Hancock Building known as the Gray Public Library.
Ray Clark stated that the Public Library Association’s mission is to support the library. The cost of the floor is about $3,000 and they are willing to fund it.
Andy Upham asked about the eighth order of business items not being completed. He commented on the Gray Public Library Association and Pennell Trust and that it needs to be subject to approval by the SAD.
Town Manager Cabana stated that the school district is fine with the donation and the roof improvements.
The Pennell Trust ownership transfer will be done sometime before the end of the fiscal cycle.
Andy Upham insists that there be signatories to the process.
4 Yes
Fifth Order of Business: ORDINANCES:
Sixth Order of Business:
Council Business:
Councilor Grover asked about the Raymond rescue billing issue. Town Manager Cabana stated that
they are still in discussions with them.
Town Manager Cabana gave an overview of the warrant articles that will be on the next meeting agenda. She stated that she would like to have the Council review the articles and take a vote on these.
She requested clarification from the Council on the undesignated fund article #5 and stated that if the Town doesn’t approve this item that the work would not be done or that that a statement can be included
that taxes can be raised to pay for this.
She also commented on Article 6 and stated that if this article fails the Town has the opportunity to vote to override the LD funding rate. But if 6 fails but 16 passes, then there could be permanent tax increase.
Councilor Sturgis stated that the Council would authorize funding and spending on these items.
Councilor Grover thinks that if both fail, that it may be incompatible. Town Manager Cabana stated that it is possible that should it fail that the Council would have to regroup and a Town Meeting takes place.
Councilor Grover suggests removing article 16, but others disagreed. Councilor Sturgis believes that it should be included as it is a mechanism for the citizens to cut or increase the LD limit.
Councilor Grover stated that the LD law wording is specific and that the article wording be checked for clarity.
Councilor Hutchins asked about the wording for Article 5. Town Manager Cabana stated that should Article 5 be defeated then the Council could hold a special Town Meeting. There was a discussion on the figures and what they apply to and failure of Article 5 would be devastating to the Town.
Councilor Gellerson would like the wording to be worked on further to provide more clarity as to where the money is being applied to.
Town Manager Cabana stated that there could be an explanation of each department’s impact on the ballot.
Councilor Gellerson stated that since there is no Town Meeting, it might be helpful to provide more transparency.
Councilors discussed including wording to be included for Articles 5 and 6. It was concluded that more clarification be for Article 5.
Councilor Manchester commented on the April kid camp wording on the high school counselors and that background checks be done prior to the event.
Seventh Order of Business:
Additions to the Agenda:
Eighth Order of Business:
Council Action Items, Assignments and Issues Status:
() Offer high-level budget guidance to the Town Manager early in the budget development process.
( ) Transfer the Pennell Trust from SAD 15 to the Town of Gray.
() Revise, simplify or repeal the Administrative Code (§ 601).
( ) Sell old town office properties.
( ) Resolve the future relationship with the Gray Historical Society.
() Pass a joint resolution with North Yarmouth and New Gloucester urging DOT to repair the first mile of Route 115 easterly from the village.
( ) Stimulate further business development and broaden the tax base.
() Clarify the Council Rules with respect to changing Council meeting dates.
Ninth Order of Business: Adjournment
Councilor Manchester moved; Councilor Sturgis seconded.
Motion to adjourn
5 Yes
The meeting ended at 9:30pm
Minutes approved and accepted April 6, 2010 by its Town Council:
_____________________________ ___________________________
Peter Gellerson, Council Chair Margaret Hutchins, Vice Chair
______________________________ ___________________________
Mark D. Grover Matthew Sturgis
_____________________________
Cathy Manchester
* 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.
| 
