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Town Hall Hours
Monday - Wednesday
8:30 am - 4:00 pm
Thursday
8:30 am - 6:30 pm
Friday
8:30 am - 12:00

24 Main Street
Gray, ME 04039
Tel (207) 657-3339
Fax (207) 657-2852
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2010-09-07 Town Council Minutes
Roll Call:

Councilors Matt Sturgis, Mark Grover, Matt Doughty, Margaret Hutchins
Excused: Peter Gellerson

Town Manager Deborah Cabana.

Others present and speaking: Abby Chandler, Doug Webster, Dean Bennett, Carl Boudreau

Pledge of Allegiance to the Flag:

Minutes from Previous Meetings:
Approval of August 3, 2010, Town Council Minutes

Councilor Sturgis moved; Councilor Grover seconded.
Ordered the Gray Town Council approves the August 3, 2010 Town Council Minutes, as corrected.

Councilor Sturgis commented that on page 2, should read … “available site plan.” This is in reference to the Stimson parking site plan. It should reference James Monroe and not just “James”
Councilor Grover commented on page 2 that it should read “Public Safety Committee meeting.”
4 Yes

First Order of Business:
       Public Comments of Non-Agenda Items – (limit 3 minutes per person)

Abby Chandler described her idea for a playground project.  She presented her proposal to the Council.

Dean Bennett stated that Abby’s vision for a playground has great ideas for a playground for the property that was recently purchased.  He stated that her proposal would be great for 5-12 year olds and is more of an adventure-type playground.  She has also included costs and other items.

Councilor Sturgis thanked Abby for her efforts and this would be a good project for the Recreation Department. He asked Abby about the cost and the types of materials that would be used.  Abby said that they would do a penny drive at school to fundraise some of the money.

Councilor Doughty commended Abby on her ambition for this project and thanked her for all the work she has done on this so far.

Dean Bennett stated that the Recreation & Conservation Committee will walk the new property to get a sense of the property and its potential and then seek suggestions from Gorrill Palmer.

Councilor Grover thanked Abby for her work as well.

Second Order of Business:       
Reports from the Council Chair: NONE

Reports from the Town Manager:

Town Manager Cabana stated that the GPLA was awarded a $10,000 Stephen and Tabitha King Foundation.

The 2 lots behind the Pennell Municipal Complex have been purchased.

She also commented on the community page section of the adult education brochure which would accommodate public information (elections, recreation and the like)

She also thanked the Town staff for their efforts in assisting in the move to the new Pennell Complex building.  She commented on the wonderful amenities that the new building has to make working in the Town Office easier.  

She stated that the Gray Cable is up and running as of today.  She also thanked TD Bank for donating nearly all of the furniture that is in the building.  In the Council Chambers, the only purchased furniture will be new Council chairs which will arrive in a few weeks.

Committee Reports:

Councilor Sturgis asked about Wilkie’s Beach.  Town Manager Cabana stated that it remains closed.

He asked about Season’s Pass owners.  Town Manager Cabana stated that this summer has been a long one in comparison to last year. She gave an overview of the beach closing timeline.  She stated that this year’s lengthy, good weather season didn’t appear to warrant a refund.  Councilor Sturgis stated that this year’s beach closure was not due to weather and some type of a refund should be considered, even a nominal one.  He would like further discussion on this possibility for the next Council meeting.

Town Manager Cabana stated that the e-coli contamination was not due to area home septics but to ducks and geese.  She is concerned about the precedence that would be set in refunding.  Councilor Sturgis also suggested a credit towards next year’s season’s pass.

Councilor Hutchins isn’t as concerned about this as an issue to consider, as this year’s season was long. Councilor Grover stated that he would like to know the costs of testing and staff time that wasn’t used to be considered in any further conversation.  After Labor Day, there is minimal coverage and usage of the beach.  

Dean Bennett stated that job responsibilities have been combined (beach entrance and boat duties) and on occasion there are 2 staff at the beginning of the fishing season, but generally there is one person.   He stated that boat inspections have continued for the most part.  Councilor Doughty asked about measures for the birds contaminating the water. Dean stated that the bird population seems to have increased there and that there really isn’t a lot that can be done. This summer’s heat index accelerated the e-coli growth.  Councilor Doughty would also like to get more information.

Councilor Grover stated that the Dry Mills School House Committee met and Ryan Keith is working with the Windham Correction Center on accessing labor.  The Dry Mills School House Committee would like to invite the Council to visit them and the building.  Councilor Sturgis suggested a meeting prior to a Council meeting or a Saturday.  

Councilor Dougthy stated that the Street Ordinance Review committee is continuing its work on the subdivision rules and wording of this Ordinance.

Council Correspondence:  

Councilor Doughty commented on the emails that come into the Council’s general inbox and would like to see that they are answered and if so, who is replying and that he would request that the entire Council gets copied on these communications.

Town Manager Cabana stated that not all emails that Councilors receive are not always seen by staff and agrees with Councilor Doughty’s suggestion.

Third Order of Business:        
Interviews: NONE        

Presentation:   Libby Hill request- postponed to the next Council meeting.

Town Manager Cabana gave a quick overview of their request for signage of the Libby homestead.

Public Hearing: NONE

Fourth Order of Business:       ORDERS
Item #014-11    To review and act upon making appointments to the various boards and committees.

Councilor Grover moved; Councilor Sturgis seconded.
Ordered, that the Gray Town Council appoint all the applicants to the positions they have applied for and said term to expire August, 2013.

Councilor Sturgis moved; Councilor Grover seconded
Ordered, that the Gray Town Council appoint Rick Licht as a regular member for a term to expire August 2013 and Dick Barter to remain as the alternate on the CEDC for the current term to expire August 2011.
4 Yes

Councilor Grover stated that he doesn’t see any conflicts for any positions as they appear to be renewals.

Councilor Hutchins commented on the CEDC and Planning Board committee and ask if an application
may appear as a conflict.  There was a discussion on some of the applicants.

Councilor Grover gave clarification on the Library Trustees’ applications.

There was an extensive conversation on the applicants and their standing within the committee.

Councilor Hutchins stated that some of the CEDC applicants are also interested in Planning Board and
She wants to be certain that there won’t be conflict of interest. Councilor Sturgis stated that this person
could recuse himself/herself in such instances.  Councilor Grover stated that both CEDC and Planning
Board represent the Town, therefore unless there is personal conflict, there shouldn’t be an issue.
Councilor Sturgis stated that there are some committee appointments that could be in conflict by charter.
Councilor Hutchins expressed concerns about knowledge and experience issues related to applicants, in
particular, a Zoning Board of Appeals (ZBA) applicant.  Councilor Grover stated that, in general, if
someone volunteers with some experience and there are no conflicts or issues, then the applicant should
be accepted.  Councilor Hutchins is concerned with results of ZBA.  Councilor Sturgis asked about the
quorum number for this group and suggests that there should be more training on procedural issues and
more guidance from the Council.  There was an extensive discussion on some recent decisions made and
applicant.  

Doug Webster stated that the Zoning Board of Appeals has authority to assess the wording of the
ordinances before they go to the Planning Board.  He supports mandatory training.  He stated that staff
only sends applicants to the ZBA if they believe they have the authority to assess.

Councilor Grover suggested that an order at another Council meeting requiring mandatory training could
be submitted.  
4 Yes


Item #015-11    To review and act upon approving the Bylaws for the Town of Gray Public Library Trustee.
Councilor Grover moved; Councilor Sturgis seconded.
Ordered, that the Gray Town Council approves the proposed changes to the bylaws for the Gray Public Library Trustees.

Councilor Grover indicated that there are very minor changes and reviewed them.
4 Yes

Item #016-11    To review and act upon approving an easement deed to Carl and Karen Boudreau granting them a permanent easement for their existing water well line under Stave Mill Road.

Councilor Sturgis moved; Councilor Grover seconded.
Ordered, that the Town Manager be, and hereby is, authorized and directed to execute and deliver the attached easement deed to Carl and Karen Boudreau granting them a permanent easement for their existing water well line under Stave Mill Road.

Doug Webster gave an overview of the issue of this property which is part of a subdivision in 1989 and the well was placed on the opposite side of the road as there were issues of potential salt contamination.  The applicant has issues with a lending institution who wants to be assured that the applicant would have access their well in the future.  

Councilor Grover asked where the well is actually located. Doug Webster gave an overview of the lots.

Carl Boudreau thanked them for reviewing this issue and that Town staff has been supportive and helpful in this process.
4 Yes

Item #017-11    To review and act upon approving the Gray Parks and Recreation Fundraiser Program.

Councilor Sturgis moved; Councilor Doughty seconded.
Ordered, that the Gray Town Council approves the proposed Gray Parks and Recreation Fundraiser Program.

Town Manager Cabana stated that the Town attorney has reviewed the document and has made a minor suggestion.

Dean Bennett gave an overview of the fundraiser and the funds raised can help purchase some equipment that is not in the budget.  He stated that they are working on a plan which will be submitted to the Council.

Councilor Grover asked if there is a dedicated account to deposit the funds.  Town Manager Cabana stated that there is.  Councilor Grover also asked about a “friends of the Recreation Department” organization.  Dean said that none exists.

Town Manager Cabana stated that the Recreation Department is part of the Town and it needs to be a joint effort in this process and that there needs to be some criteria for the protection of the Town.

Councilor Grover asked about the wording “the Recreation and conservation committee will be the administrators…”  Town Manager Cabana suggested some slight tweaking in the wording, but that the committee could endorse and/or review each project to present to the Town Manager for approval.   There was a discussion on the formation of processes and procedures as wording suggestions for proper checks and balances.

Dean Bennett stated that there will not be a lot of fundraisers to be applied to larger purchases.  Town Manager Cabana stated that, as all the Town departments are in one location, discussions can easily be done.
4 Yes

Item #018-11    To review and act upon the Food Closet donation designated account.

Councilor Sturgis moved; Councilor Grover seconded
Ordered, that the Gray Town Council authorizes the Town Manager to split the funds that currently exists in the Food Closet donation designated account ($1,179.96 each) between the Community Auxiliary Food Pantry and the Town-supervised program of Gray Matters.

Town Manager Cabana stated that these funds were donations from the Food Closet which no longer exists and is now under the auspices of the Town-supervised Gray Matters and the Community Auxillary Food Pantry.
4 Yes


Item #019-11    To review and act upon setting a public hearing for the legal requirement in the Town Charter that every ten years the voters be asked whether they want to establish a Charter Commission either to revise the Town Charter or to establish a new town Charter.
Councilor Sturgis moved; Councilor Grover seconded.
Ordered, that the Town Clerk be, and hereby is, authorized and directed to post notices and place newspaper advertisements in the usual course announcing that the Town Council will hold a public hearing at its September 21, 2010 meeting regarding the legal requirement in the Town Charter that every ten years the voters be asked whether they want to establish a Charter Commission either to revise the Town Charter or to establish a new Town Charter.

Town Manager Cabana gave an overview of the stipulation in the Town’s Charter that every 10 years, the voters be asked about this.  She stated that there have been discussions on what election this should be held.  At present, it is on the November ballot.  The recommendation is to have the question on the ballot in November.  If the voters want to establish a Charter Commission, then there would be time for petitions for electing members to this commission.

Councilor Grover supports this part of the Town Charter, but hopes that the voters say that a Charter Commission is not needed and that the Town is satisfied with the current process.   He is concerned about having the public hearing at the next meeting and asked if the wording has been drafted.   He asked whether or not a statement on the Council’s recommendation.  Town Manager Cabana stated that the Town Charter is specific on this issue.  She also stated that there is no issue with the Council making a recommendation but that it cannot be printed on a ballot etc as outlined by the Town Charter.
4 Yes

Fifth Order of Business: ORDINANCES: NONE

Sixth Order of Business:
Council Business:

There was a discussion of the next Council meeting agenda items including some items that may need to
be added.  There was also an extensive discussion on volunteer awards and staff appreciation ideas
(suggested methods and procedures)

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.
Councilor Doughty asked for an update on the Sign Ordinance.  Town Manager Cabana stated that Town staff and George Thebarge are working on this and offered some preliminary ideas and discussions that need to take place on this issue.

Councilor Grover gave an update on Council goal #6 and has drafted a proposal.  He gave an overview of some of the items. It was agreed to put this item on the first October Council meeting for discussion.


Ninth Order of Business:  Adjournment

Councilor Sturgis moved; Councilor Grover seconded
Motion to adjourn
4 Yes
The meeting ended at 9pm


Minutes approved and accepted September 21, 2010 by its Town Council:





_____________________________           ___________________________
Peter Gellerson, Council Chair                   Margaret Hutchins, Vice Chair



______________________________  ___________________________
Mark D. Grover                                 Matthew Sturgis



_____________________________
Matthew Doughty

* 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.