Roll Call:
Councilors Matt Sturgis, Mark Grover, Peter Gellerson, Matt Doughty, Margaret Hutchins
Town Manager Deborah Cabana
Others present and speaking: James Monroe, Ed Libby, Steve Lavallee
Pledge of Allegiance to the Flag:
Minutes from Previous Meetings:
Approval of June 29, 2010, Special Town Meeting Minutes
Councilor Sturgis moved; Councilor Grover seconded
Ordered the Gray Town Council approves June 29, 2010 Special Town Meeting Minutes, as presented.
Councilor Grover reiterated his comments about the additions he stated at the July 6th Council meeting.
4 Yes/ 1 Abstention (Gellerson)
Approval of July 6, 2010, Town Council Minutes
Councilor Sturgis moved; Councilor Hutchins seconded.
Ordered the Gray Town Council approves July 6, 2010 Town Council Minutes, as presented
5 Yes
Approval of July 27 2010, Special Town Meeting Minutes
Councilor Sturgis moved; Councilor Hutchins seconded.
Ordered the Gray Town Council approves July 27, 2010 Special Town Meeting Minutes, as corrected.
Councilor Grover commented on the appropriate wording of the account. Town Manager Cabana stated that the new finance director changed the name of the account but it is the same one.
Councilor Grover stated that the Article 2 vote should read as “majority vote” and not “unanimous vote”
4 Yes / 1 Abstention (Doughty)
First Order of Business:
Public Comments of Non-Agenda Items – (limit 3 minutes per person)
James Monroe commented on an item from the last Town Meeting on a balance of $56,000 for the Planning Board. He asked why the Planning Board has a balance. He also indicated that in discussions with a commercial broker there appears to be interest in the Town Hall property. He stated that the broker is unaware that the parking lot has been leased. He asked if the selling agent knows that it has been leased. Town Manager Cabana stated that the selling agent is aware. James believes that if this is not being disclosed, it appears to be misleading. He also stated that it appears in the public domain that Stimson Hall is not for sale at this time.
Councilor Sturgis asked if James Monroe had looked available site plan. He stated that the other properties have access to this lot as well. There are more than 32 parking spaces available. Councilor Sturgis stated that it is not intentional to provide misleading information.
James Monroe stated that the property is encumbered because of the parking issue and it is not readily available information to anyone.
Councilor Gellerson stated that the seller broker is aware that this property is for sale. While it is not actively listed, it is available if someone asks about it.
James Monroe believes that the Council has a moral obligation to disclose that properties are for sale and to dispose of them.
Second Order of Business:
Reports from the Council Chair:
Councilor Gellerson thanked everyone who participated in the June 24th Pennell Celebration. He thanked Jeff Gilpatric for all of his work in setting up and taking down materials for the event as well as the flag he donated to the Town Hall. He encourages people to volunteer for the various committees this Fall.
Reports from the Town Manager:
Town Manager Cabana read an email commending Ryan Keith for his efforts. She also read a letter on the Gray Food Pantry commending Town employees and various other volunteers for their effort. The Community Food Pantry is now located at the Gray Congregational Church effective July 1st.
Jensen, Baird, Gardner & Henry sent a $1,000 check in support of the Pennell Celebration.
She also commented that tax bills will be going out shortly.
She stated that Wilkie’s Beach remains closed and that bacteria tests continue to be taken.
She stated that Town Office will be closed August 19-20 to move the computers, phones etc to the new Pennell Complex.
Committee Reports:
Councilor Hutchins stated that Public Safety Committee meeting was cancelled. She reminded everyone that the Chicken BBQ is this Saturday at the Fire Station.
Councilor Grover stated that the Library Trustees met and passed their bylaw changes.
He also stated that the Dry Mills Schoolhouse committee met and hope for some minimum repairs to be done. The annual report has been submitted and is now online.
Councilor Gellerson commented on the CEDC. He indicated that the Narrow Gauge Railroad Museum is looking to move out of Portland and have been in discussions with them. He also stated that there are a number of good projects in the works.
Council Correspondence:
Councilor Grover commented on an email about volunteering on a committee on the new properties acquired by the Town. He encouraged people to submit their application to be on the Recreation and Conservation Committee.
He also commented on a phone call about the fire-rescue issue/changes in District 6. He encouraged this person to communicate with the Town, sign a petition and the like. He suggested offering a codicil that could include a request if the person would like to be transported from a specific community, they could do so. He would like this on the next agenda.
Town Manager Cabana stated that there is a provision in the agreement between Raymond and Gray that allows this and that reimbursement would occur. If the patient was in jeopardy this would be addressed. It has been in discussions between to the 2 Town Fire Chiefs.
Councilor Hutchins believes that the likelihood of a patient waiting is unlikely. If anyone on the scene felt that the patient needed to be transported immediately, it would occur. She would like to leave things as it is at this time.
Councilor Grover stated that it is a public perception with regards to this issue. Councilor Sturgis stated that he believes that it should be left in the hands of the professionals as they will know what they need to do and whether or not it should be an immediate transport. While the intent is good, it may create more issues than necessary.
Councilor Grover stated that he doesn’t want to hear of a case where Raymond would not transport a patient.
Town Manager Cabana stated that there will be some carry forward requests on the next Council agenda. She stated that Doug Webster and Ryan Keith believe that it is not only the floor at the Dry Mills School House that needs to be done. There are some funds that remain and that cost of the repairs would be about $3,500 and could come from these funds.
Third Order of Business:
Interviews: NONE
Presentation: NONE
Public Hearing: NONE
Fourth Order of Business: ORDERS
Item #006-11 To review and act upon discharging the Town Office Building Committee.
Councilor Sturgis moved; Councilor Hutchins seconded.
Ordered the Gray Town Council sincerely appreciates the dedication and diligent work of the Town Office Building Committee and officially discharges the Committee, given that their tasks are officially complete.
Councilor Sturgis would like a thank you letter to go out to the committee members expressing their
thanks for all of their work. Councilor Gellerson and the others agreed.
5 Yes
Item #007-11 To review and act upon amending the Council Rules with respect to the Council meeting location. This action requires approval by four fifths (4/5) of the members voting in the affirmative.
Councilor Grover moved; Councilor Sturgis seconded.
Ordered the Gray Town Council amends the first sentence of Article I, Section 602.01 of the Council Rules as follows: “The regular meetings of the Town Council shall be held at Stimson Hall the Henry Pennell Municipal Complex at 7:00 p.m., current time, on the first and third Tuesdays of each month.”.
5 Yes
Item #008-11 To review and act upon approving Town Council Goals for Fiscal Year 2010-2011.
Councilor Grover moved; Councilor Sturgis seconded.
Ordered the Gray Town Council approves the Town Council Goals Fiscal Year 2010- 2011. Said goals will be attached to the official records of the Town Clerk and will appear on the Town's website.
Councilor Grover read the goals (which are also listed at the end of the August 3rd minutes)
Councilor Hutchins believes that the Mass Gathering Ordinance was not to be on the list as they are
nearlyready with it. The others said that they wanted it on the list as it was an achievable.
5 Yes
Item #009-11 To review and act upon approving GEO Plan Services for providing planning and economic development services for the Town of Gray.
Councilor Sturgis moved; Councilor Grover seconded.
Ordered the Gray Town Council authorizes the Town Manager to enter into a contract with GEO Plan Services for providing planning and economic development services for the Town of Gray for the fiscal year 2010-2011
Ed Libby of the Economic Development Committee and believes that this contract is very important to the Town continue the work that is happening in the Town.
Councilor Sturgis stated that he is very satisfied with George Thebarge’s efforts. He has brought funding to the Town for a variety of projects and appreciates his efforts and vision.
Councilor Grover asked if this contract is different than last year. Town Manager Cabana stated that it is not.
Councilor Doughty asked why this position is not a Town employee position. Town Manager Cabana stated that she believed that the Planning division needed to be restructured to include updating ordinances. Contracting him is less expensive overall (no benefits and the like) and that the peer review fees generate income for the Town. She commented on Doug Webster and Ryan Keith as quality employees for this division.
Councilor Hutchins agrees with Councilor Sturgis’ comments. Councilor Gellerson stated that George Thebarge has brought a level of professionalism to the Planning Division of the Town.
5 Yes
Item #010-11 To review and act upon approving a voting ballot for the Annual election for MMA Vice President and Executive Committee Members.
Councilor Sturgis moved; Councilor Doughty seconded.
Ordered the Gray Town Council approves the revised MMA voting ballot to vote for Clint
Deschene of Hermon for VP and Michelle Beal, of Ellworth, Marston Lovell, of Saco, and Robert
Yandow, of York as Directors
5 Yes
Item #011-11 To review and act upon approving an amended memorandum of understanding (MOU) between the GWD and the Town of Gray, which was previously approved August 19, 2008.
Councilor Doughty moved; Councilor Hutchins seconded.
Ordered the Gray Town Council approves the proposed amended memorandum of understanding between the Gray Water District and the Town of Gray, which was previously approved August 19, 2008.
Councilor Sturgis asked if both parties are in agreement with the MOU. Town Manager Cabana stated that the Town entered into an MOU with the Gray Water District. In front of the public works garage, a double-walled tank was to be installed with an alarm system. Unfortunately, a single walled one was installed. She believes that the monitoring of the tank has been going on and meets State standards. They have been working on the various water and spill plans and that the Town is protecting the integrity of the water.
Councilor Gellerson asked Steve Lavallee about the weekly testing. Steve Lavallee stated that the tank is working fine and that the alarm system works. He stated that there were holding tanks and they were installed at the old public works garage as well and that the Town has been operating on this policy since 1988. He gave an overview of some of the changes in State law since 1995 and that Gray was grandfathered under the old system, but the Town has chosen to continue testing over the years.
Councilor Sturgis asked what condition the old tanks were in when removed. Steve said that it was cut in half and that the Transfer station is making use of this and it is still in good condition.
5 Yes
Item #012-11 To review and act upon approving the recommendation of the Gray Community Economic Development Committee to authorize the Town Manager to enter into a contract with Lachman Architects & Planners for the purposes of providing architectural services for the Monument Square Master Planning Project.
Councilor Sturgis moved; Councilor Hutchins seconded.
Ordered the Gray Town Council approves the recommendation of the Gray Community Economic Development Committee to authorize the Town Manager to enter into a contract with Lachman Architects & Planners for the amount of $9,360 for the purposes of providing architectural services for the Monument Square Master planning project and further orders that funding for said services come from the Cumberland County Community Development Block Grant Program.
Ed Libby, Vice Chair, CEDC stated that the architects are professional and have a complete understanding about historical work. This RFP easily surpassed the other 2. Councilor Gellerson stated that he agrees and has met all the criteria.
Councilor Gellerson stated that the Monument Square area includes Stimson and will include public meetings and other ideas to gather suggestions for ideas for the potential use of the properties. All possibilities will be considered.
Councilor Doughty asked about the costs differences between the others. Ed Libby stated that this was the lowest bid and their expertise is far superior. George Thebarge reviewed references and received only positive comments.
5 Yes
Sixth Order of Business:
Councilor Sturgis moved; Councilor Hutchins seconded.
Ordered, that the Town Council hereby suspends its rules to add Item #013-11 to its agenda and authorizes and directs the Town Manager to complete the purchase of the property at 28 Main Street in Gray by accepting delivery of a deed for that property, in the form of the deed attached; and be it further Ordered, that the funds to purchase said property are those funds appropriated from existing reserves, known as the Subdivision D Recreation Fund, by the voters at the Special Town Meeting on July 27, 2010.
Town Manager Cabana stated that based on comments from the Special Town Meeting, the right-of-way
should be removed in the deed and that the easement in the future could be paved one way with a 4ft
buffer, underground power and that the Town would take the liability. This language will be changed in
the deed.
Councilor Hutchins asked if both lots will be one. Town Manager Cabana stated that it will be part of
the Pennell Complex.
Councilor Gellerson would like to charge the Recreation committee to explore the potential use of this
property.
5 Yes
Council Business: Discussion regarding CEDC recommendations for village signage
Councilor Gellerson stated that following the audit the Council is allowed to increase the budget by 1%
and would like to see a “Welcome to Gray” sign that could be installed off the Gray Turnpike exit
possibly in the Fall or next Spring. He also reminded the Council that there was a good price for
asphalt and would like to see more paving done with the additional funds.
Town Manager Cabana stated that the Town’s financials look good. The auditor hasn’t completed the annual audit. The provision in the Charter states that the Town Council can supplement the budget by an amount not to exceed one percent. She felt that if the budget was to be supplemented, it should be for a specific purpose.
Councilor Sturgis stated that the sign issue should be considered along with consolidation of signage and encourages the CEDC to get some pricing. There are a lot of creative ideas and opportunities.
Councilor Doughty believes that the audit report will provide good information to assist the Council in these decisions. He stated that asphalt pricing is still reasonable and would support public works projects.
Town Manager Cabana asked if the Council would like an action item on this. Councilor Gellerson stated that it should only be after the audit report comes out. Town Manager Cabana stated that capital improvement funds can be carried forward. She asked if the group would like to see it for a different purpose than originally intended for. She would also need to check with the auditors if this is possible.
Councilor Gellerson said yes. Councilor Doughty stated that Steve Lavallee’s input on the public works issue would be helpful.
Councilor Gellerson also would like to see the Council begin work on Item #6 of the Council Action Items. There was a discussion on the format to get started.
There was a discussion on the Comprehensive Planning Committee action item (Item #7) It was suggested that George Thebarge do a presentation at the next Council meeting. Councilor Doughty Councilor Gellerson both stated that this is important as funding would be available once this project is complete.
Councilor Grover asked if a draft letter will be ready for Council Action Item #1 for the September meeting. Town Manager Cabana asked to what extent the Council wants to be involved or to leave it with the Town Staff.
Councilor Grover stated that a motion on an agenda may be needed. Councilor Sturgis would like to see the staff work in this.
Councilor Grover reminded the group that the September agenda will also include review of committee applications.
Seventh Order of Business:
Additions to the Agenda:
Eighth Order of Business:
Council Action Items, Assignments and Issues Status:
- Request that Maine DOT review signage in Gray center and nearby state roads.
- Consider and discuss a proposed Mass Gathering Ordinance, eventually moving it to a Public Hearing.
- Complete all revisions to the Street Construction Ordinance (§ 400).
- Amend or replace the Sign Ordinance (§ 406).
- Review the town TIF Policy.
- Establish a Gray Hall of Fame award and a process to identify initial, historical recipients.
- Begin organizing a Comprehensive Planning Committee.
Ninth Order of Business: Adjournment
Councilor Sturgis moved; Councilor Hutchins seconded.
Motion to Adjourn
5 Yes
The meeting ended at 8:40pm.
Minutes approved and accepted September 7, 2010 by its Town Council:
_____________________________ ___________________________
Peter Gellerson, Council Chair Margaret Hutchins, Vice Chair
______________________________ ___________________________
Mark D. Grover Matthew Sturgis
_____________________________
Matthew Doughty
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