TOWN OF GRAY
July 27, 2010
SPECIAL TOWN MEETING MINUTES
Councilors Peter Gellerson, Margaret Hutchins, Matt Sturgis, Mark Grover
Excused: Matt Doughty
Town Manager Deborah Cabana
Moderator William Dale
Others present and speaking: James Monroe, Fran Monroe, Andy Upham, Ruth Foster, Al Palmer, Paul Young, Sue Austin, Cathy Manchester
Town Manager Deborah Cabana welcomed everyone and read the warrant. The Special Town Meeting began at 7:15pm.
Cumberland, SS. State of Maine
To Deborah S. Cabana, a resident of the Town of Gray
Greetings:
In the name of the State of Maine, you are hereby required to notify the Voters of the Town of Gray, qualified by law to vote in Town affairs to meet at Newbegin Center on Route 100/Lewiston Road in Gray, Maine on Tuesday, July 27, 2010 at 7:00 p.m. to act on Articles 1 - 2.
- To choose, by ballot, a Moderator to preside at said Special Town
Meeting.
Town Manger Cabana asked for nominations for moderator.
It was moved and seconded to nominate Bill Dale as moderator.
Motion approved.
It was requested that there be 5 written ballots to elect William Dale as moderator.
5 written votes were submitted.
Bill Dale was sworn in by Town Manager Cabana.
Bill Dale asked Diane West to be deputy moderator and was sworn in.
Bill Dale explained the rules to be used at this meeting based on the Maine Moderators Association handbook.
He asked the group if they would accept non-residents to speak at this meeting.
It was moved and seconded to allow non-residents to speak.
Motion approved.
- To see if the Town Shall vote to approve the transfer of $66,000 from existing reserves known as the Subdivision D Recreation Fund for the purposes of purchasing property at 28 Main Street, as recommended by the Town Council?
It was moved and seconded to approve Article 2 as written.
Ruth Foster expressed 3 concerns about the purchase of the property. She asked if the $66,000 cost is free of restraints. She asked where the funds would come from to maintain the property.
She also asked about the status of the other unsold properties and how different they are with regards to maintenance. She also asked if it would be appropriate to fundraise to purchase this land.
Town Manager Cabana gave an overview of the total funds in the Subdivision D Recreation Fund. There is $133,000 in this account.
Al Palmer of Gorrill Palmer gave a presentation on the property in question. They have been asked to evaluate the property and to assess whether or not it should be purchased. He gave an overview of the existing property. The Town currently owns 7.1 acres in the Pennell complex including NewBegin, Pennell, ballfields, volleyball and basketball courts. He explained that abutters don’t object to part of their property being used. The property in question is on the northeastern side and would be 2 parcels of land including a 60 foot right-of-way.
He stated that there is an exemption for these lots to be developed as residential lots. He gave an overview of the dimensions and the potential development potential for the Town. The property is located at the intersection of Route 100 and Colley Hill. MDOT stated that they would not issue a driveway permit if used as a recreational use.
He explained how the funds have been accumulating over the years. $400 per individual lot in a subdivision development is given to the Town for this account and this purchase meets these requirements of usage of these funds.
He gave an overview of the potential Town use for this property. It could include additional sports fields for older children. It could include a walking trail, which could connect to Colley Hill Rd. He commented on the old Inter Urban rail line and that a part of it is on the property. It would expand the Town’s frontage to the Inter Urban which could be used for trails. He also commented on an oil spill in the 1950’s that is still on record. He commented on this for the Town to be aware of the potential use of this property. It would be a better opportunity for the Town to own this abutting property rather than letting it be used for residential use.
Andy Upham asked Al Palmer about the usage. Al Palmer stated that this property would be for recreational use using the Subdivision D Recreation Fund. Andy Upham asked if the lots would be merged and deeded together and grouped as one large ball field. Al Palmer stated that it is up to the Council but doesn’t recommend merging.
Councilor Sturgis stated that they would like to merge the lots with the remainder of the Town property in the area.
Councilor Grover stated that the deeding issue has not arisen in Council discussions. Councilor Sturgis stated that other uses would be inconsistent with what is currently there. The purchase is not for any other use other than recreation and conservation. He supports the idea of merging it to one property.
Moderator Dale reminded the group that the funds to purchase this property are for recreational use only. Legally, the Town cannot do anything else with the property.
Councilor Sturgis stated that the use restriction wording should be included in the purchase documents for the comfort level of those who may not be certain that it would only be used for this purpose.
Andy Upham is concerned that if this property is acquired due to proximity to existing Town recreational property, it would be easier if they were merged and deeded together so that other Councils in the future cannot change it.
Paul Young, an abutter, asked about the right-of-way. He has been told that the 60ft right-of-way has been denied by the MDOT. The lots could only accommodate single family homes and not duplexes.
He also commented on the Inter Urban rail line. He asked if the recreational use would end at the end of the property in question.
Al Palmer reiterated that if the Town purchased the lots for recreational use, a driveway permit would not be issued as the entrance would come from the Pennell/NewBegin area. If it would be used as residential, the driveway issue would be approved by MDOT.
Al Palmer does not propose any use on the Inter Urban rail line area at present. They recommend a Master Plan to create a green belt with this property, but in future discussions.
James Monroe stated that he is pleased that recreation use is being discussed as he has supported this issue in the past. He expressed concerns about funding. He asked if funds can be capped to maintain the property. Town Manager Cabana stated that the Subdivision D Recreation Funds can be used for maintenance. He also expressed concerns about the way the deeds are written and the right of way. He recommends the total purchase should include the right-of-way ownership and the deed restrictions terms are written to eliminate the right-of-way, but to own all the land (60 ft access as noted in the proposal).
Al Palmer stated that the seller is intending to sell the property for residential use but the Town has approached the seller for recreational use. The seller owns the right of way and will grant access. The option for this purchase is over at the end of this week.
James Monroe stated that while Al Palmer is correct, the Town wants to purchase these properties as one.
There was a point of order.
Councilor Grover asked Al Palmer to describe the land coverage. 90% of the lots are field-like and a small section is wooded. Councilor Grover asked if there are any wetlands. Al Palmer stated that there is a small section that is not of any significance.
Councilor Sturgis asked about a path described in his visuals and would this be of any potential use such was walking trails or other use for the Town. Al Palmer stated that it could be used for a variety of things.
Sue Austin asked about the right-of-way-if it is left in the documents, can the abutting owners access the driveway even if the Town owns it.
Al Palmer stated that the right of way would only service the 2 lots.
Cathy Manchester asked who would own the 60 ft right of way. Al Palmer stated that the Town would own the right of way.
Fran Monroe commented on the Libby Hill expansion. She stated that there is a lot of parking there as well. She stated that there are already limitations on the parking in the Pennell area and as vehicles are alongside the road enhances the risk of accident. She suggests using this money for the Libby Hill project to expand this property as there is sufficient parking infrastructure there rather than purchase these lots. She stated that there are no provisions in the Town Charter for such a meeting to take place.
There was a point of order.
Andy Upham commented on the Subdivision D Recreation Fund. He stated that the purpose for purchase is very specifically defined. It cannot be used for improvement, maintenance of property but only for purchase of recreational property.
He proposed an amendment to Article 2: to expand the application of the Fund to include maintenance, and improvement of the proposed recreational property.
It was moved and seconded to amend Article 2 to include: to expand the application of the Fund to include maintenance, and improvement of the proposed recreational property.
Bill Dale stated that the ordinance already states this and ruled Andy Upham out of order on his proposed amendment.
There was a point of order.
It was moved and seconded to move the question.
Motion move the question was approved.
Motion to accept Article 2 as written.
Motion approved.
It was moved and seconded to adjourn
Motion approved.
The meeting ended at 8:20pm.
Minutes approved and accepted August 3, 2010 by its Town Council:
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Peter Gellerson, Council Chair Margaret Hutchins, Vice Chair
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Mark D. Grover Matthew Sturgis
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Matthew Doughty
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