6:00 P.M. – Executive Session
Councilor Sturgis moved; Councilor Grover seconded
Ordered, pursuant to 1 M.R.S.A. Sec. 405(6)(C), that the Town Council recess into executive session with the Town Manager and the Town Planner to discuss a proposed economic development matter where disclosure of the name(s) of the possible participant(s) or the identification of the property involved would prejudice the competitive or bargaining position of the Town.
5 Yes
The Council entered executive session at 6:05pm and exited at 7:05pm.
Councilor Gellerson stated that the executive session was on economic development.
Roll Call:
Councilors Matt Sturgis, Mark Grover, Peter Gellerson, Margaret Hutchins, Matt Doughty
Town Manager Deborah Cabana
Others present and speaking: Fran Monroe, Doug Webster, George Thebarge, Jean Bibber, Steve McPike, Steve Lavallee, Ryan Keith, Don Whitney
Pledge of Allegiance to the Flag:
Minutes from Previous Meetings:
Approval of September 7, 2010, Town Council Minutes
Councilor Sturgis moved; Councilor Doughty seconded
Ordered the Gray Town Council approves September 7, 2010 Town Council Minutes, as presented.
4 Yes/ 1 Abstention (Gellerson)
First Order of Business:
Public Comments of Non-Agenda Items – (limit 3 minutes per person)
Fran Monroe stated that this year is the 100th anniversary of the Boy Scouts. She stated that only about 12% make Eagle Scout status and that it is beneficial for their future. She stated that a Scout leader mentioned at the time of the planning of the Pennell project that the benches (made by Scouts in the past) in front of Stimson Hall would be moved to the Pennell complex. She urges the Council to see that they are moved to this new location before it’s too late. She stated that they are not in poor condition and can be moved.
Councilor Gellerson stated that he would take a look at them with Doug Webster and report back in October on the status to see if they can be moved.
Jean Bibber asked about the monument in front of the old Town Hall and whether or not it will be moved.
Doug Webster stated that it is a granite stone and it will be moved to the new Pennell complex and it working on finding a volunteer from the American Legion to build and new frame around the stone and it is intended to have the same appearance in the new location as the old location.
Second Order of Business:
Reports from the Council Chair:
Councilor Gellerson stated that there are a number of openings on various committees. He mentioned the Zoning Board of Appeals and CEDC in particular. Councilor Sturgis stated that Board of Assessment needs members, Recreation Committee. Other Councilors reiterated the same thing and that there are a number of committees that have openings.
Reports from the Town Manager:
Town Manager Cabana stated that the election is approaching and the Town is working on getting the election location on the second floor of Pennell. They need to get approval from the State. She stated that absentee ballots will be available next week. October 15th is dog license renewals, as well as, a rabies clinic on that day.
Committee Reports:
Councilor Sturgis stated that the Recreation and Conservation Committee will be meeting this Thursday (9-23).
Councilor Grover commented on the Dry Mills School House committee. The Library Trustees re-elected their officers. Interlibrary loan services continue. There will also be fundraising with GPLA on their renovation project.
Council Correspondence:
Councilor Grover commented on correspondence on the Charter Commission issue which will be discussed.
Third Order of Business:
Interviews: NONE
Public Hearing: Possible revision of the Town Charter or establishment of a new Town Charter.
Town Manager Cabana stated that every 10 years, as part of the Town’s Charter it is required to put the
question out to vote whether or not the Town wants to establish a charter revision committee. She
stated that the enactment date (July 2001) requires that the 10 year mark be during an election. With
2011 being an off year election, it will be on the November 2010 ballot. It requires that 2 questions be
asked on the ballot. There is a prepared question for the Council to consider for the ballot.
Fran Monroe stated that she has reviewed the Town charter and the state law. She stated that the Town
charter trumps state law as the wording in the Town’s charter is stronger. She gave an overview of the
state law on the 30% of the vote and that it appears to not be in relation to the formation of a
commission but that it applies to any changes that a potential commission could propose.
She also discussed the cost of the commission. She stated that the Council and Town have been aware of
this 10 year marker and that the Council should examine this issue and postpone the question as that the
6 member names would not appear on the ballot.
Jean Bibber commented on the cost of the commission wording on the proposed ballot question and that
may sway the voter to not vote for this.
Presentation:
- Friends of the Libby Hill – Steve McPike
Steve McPike stated that Ron Dolloff, descendent of James Libby would like to commemorate the location of the homestead with some type of marker or bench and has asked Friends of Libby Hill to do this. Steve McPike also suggested creating some historical materials on 19th century farming in the area for the kiosks. He reviewed the suggested ideas with the Council with visuals and gave an overview.
He requests permission to put this commemoration in the described location as it is on the Town side of the property. There would be some minor pruning in that location for the marker/bench etc.
- Update regarding the MDOT urban compact – Steve LaVallee
Steve Lavallee, Public Works Dept. stated that the MDOT has notified the Town that its population appears to be over 7,000 people which puts the Town under the Urban Compact which will give about 5 to 10 additional miles of roads to the Town which will be required to be maintained year round which will affect the budget. It includes a wide variety of maintenance responsibilities. The Town will be notified officially once the census is complete. It’s possible that the number of miles may decrease, but he’s not sure at present until it is reviewed. Steve Lavallee stated that this would go into effect in about a year. MDOT will make repairs to the potential roads prior to the handover.
Councilor Sturgis asked if the roads are not repaired by MDOT prior, what would happen. Steve Lavallee stated that the Town could refuse to maintain the road until the repairs are done.
There was a discussion on the current condition of these roads. Steve Lavallee commented on the catch basins and that they are in poor condition. He stated that while Route 115 has been paved, drainage was not addressed.
Town Manager Cabana stated that the implementation of this by the state could take a number of years. She stated that the statutes are not clearly defined and that there may not be as much leverage as discussed. Steve Lavallee stated that the State’s committee’s objective is to simplify the naming of the road’s responsibilities and come up with standards to return responsibilities to the towns. There was a discussion on some of the road in question and possible costs. Steve will meet with the State supervisor to gather information to help bring details for a budget.
Councilor Grover commented on the Egypt and North Raymond Roads and that by the state’s standard should have paved shoulders but may not happen. This lack of paved shoulders causes accidents etc. Steve Lavallee suggested that Councilor Grover submit a letter to the MDOT to appeal for this as the state is still negotiating with the towns.
Councilor Doughty believes that once there are more financial details, the outcome of this discussion will be easier to assess.
Councilor Gellerson asked if Public Works would have sufficient vehicles and staffing to accommodate this. Steve said yes to vehicles, but no to staffing. An additional fulltime person would handle this.
- Update regarding the Dry Mills School House Museum – Ryan Keith
Ryan Keith, Code Enforcement Officer stated that they have contacted the Windham Correction Facility’s Labor Ready crews to see about available help to do some of the repairs. 2 engineers have reviewed the property to assess the structure. The floor system needs to be worked on which could be done by Windham Correction help. He gave an overview of the floor systems to be done which he anticipates getting it done by late Fall and would cost under $700 for materials only. It is anticipated that tours could begin in the Spring of 2011. Some roof work is important but can wait until Spring.
Councilor Sturgis asked about ventilation in the crawl space. Ryan Keith gave an overview of the options to ameliorate the ventilation issue.
- Update regarding the PACE program
Ryan Keith described the PACE program, a federal program, which has funds distributed to the states for home energy efficiency. Efficiency Maine is the overseer of this program that provides loan/funding assistance to homeowners for energy efficiency work.
The Town must adopt this ordinance to be part of the PACE program which is for 3 years. He described the various criteria including providing information to the public on its availability. There is no liability to the Town if someone defaulted on a loan for their home improvement. The program will be administered by local banking institutions. Loans will be recorded with the registry of deeds and will be a stand-alone loan and goes with the property should it be sold. This program is not for everyone, but is a good option for a number of people needing an energy project done but doesn’t have a lot of equity. He described the pros and cons of the process including an energy audit.
Councilor Doughty indicated that as he understands it, the out of pocket cost prior to the loan is the cost of an energy audit.
Councilor Grover asked if someone purchased a property with a remaining loan can they pay it. Ryan said they can but they are not required to do so.
Councilor Gellerson asked when the Town needs to adopt the PACE ordinance. Ryan Keith stated that it is up to the Council and hopes to have the state’s administrator meet them. Councilor Gellerson asked what would happen after this for the public. Ryan stated that once all the paperwork, etc is adopted, funds would be available in November.
- Update regarding the Gray Comprehensive Plan – George Thebarge
George Thebarge gave an overview of the 2003 Comprehensive Plan and that it is not in compliance with state laws. Since the Town did not address the deficiencies within the 2 year period (ending in 2006), the Town is obligated to start again. There is no funding at the State level to assist the Town in recreating the document.
Deficiencies: Inventories on what exists in the Town (housing, farmlands, and the like).
Growth in rural areas has been outlined but doesn’t have sufficient clout. The State recommends more specific policy, timeframe and funding for proper rural zoning densities.
Options to resolve this issue: Update the Comprehensive plan to satisfy the State Planning board.
Close the gap between Gray’s needs and the State’s requirements.
He will seek advice about updating the plan to satisfy the State Planning board. He believes that the Comprehensive Plan should be for the town’s needs and goals and not for the state. He believes that updating the plan is important as the Communities for Maine’s Future program vote at the last election gives towns some funding. There is also a move in Augusta (LD 1268) to force towns to address rural growth issues.
Councilor Sturgis doesn’t want to change the Comprehensive plan. He believes that some of the inconsistencies that the State sees in the Town’s plan are not necessarily the best for Gray.
Councilor Grover stated that the committee who put this together (including himself), may have not completely understood to what extent they were creating. He would consider growth control measures for the Town. He would like to work towards compliance. He asked about the map and whether or not most other towns are in compliance. George explained the various categories.
Councilor Doughty believes that a lot goes into a comprehensive plan but it quickly becomes out of date. He supports amending it for compliance only if it yields funding from the state for changes. The current one has a number of items that can be used. Councilor Hutchins supports working with what the Town has and get it closer to compliance rather than spend significant money to create a new one. Councilor Gellerson agreed.
- The roles of the Town Council, the CEDC, and the GNGBC relative to future economic development.
George Thebarge stated that work in being done to establish a clear, consistent framework for economic development in the community. He outlined the roles. The GNGBC (Gray/New Gloucester Business Corp.) is a new organization which is an offshoot of the GNG business Association with a new business model.
He presented a suggested model on how all of these groups would work on economic development.
He suggested the following:
Town Council- Develop policy and address funding
GNGDC-Carry out policy/recommendations
CEDC-Develop recommendations
Planning Consultant-To work with each to facilitate the process.
He recommends pursuing this model.
The Council supports this idea. Councilor Grover suggested tasking the CEDC for policy development work.
Fourth Order of Business: ORDERS
Item #020-11 To review and act upon authorizing the Economic Development/Planning Consultant and the Town Manager to work with the Gray-New Gloucester Development Corporation.
Councilor Hutchins moved; Councilor Sturgis seconded
Ordered, that the Town Manager and the Town Economic Development Director/Planning Consultant be, and hereby are, authorized and directed to work with the Gray/New Gloucester Development Corporation on such project(s) as may arise promoting economic development and/or job creation in Gray.
5 Yes
Item #021-11 To review and act upon authorizing the Gray Historical Society to make improvements to the front façade at the Main Street Fire Station.
Councilor Sturgis moved; Councilor Hutchins seconded
Ordered, the Gray Town Councils authorizes the Gray Historical Society to make the proposed improvements to the front façade at the Main Street Fire Station.
Don Whitney stated that they would like to change the doors and create 2 false doors and have new doors for entrances. The original doors would stay in place but the glass panels would be moved to allow more light. They would also like to replace the windows in the future. Don stated that the final design for the doors is not yet complete but is similar to the proposed rendering. He also asked about grant money options. This would be paid the by the Gray Historical Society.
Councilor Grover asked about approval for this project. Town Manager Cabana stated that the process requires approval of the Council. Don Whitney has been working with Doug Webster on the process as well. Town Manager Cabana stated that this project would require a permit for tracking purposes.
Councilor Hutchins asked about the doors to the old fire truck bay. Don Whitney stated that they are not going to change that door and hope that the Town might consider doing something about that one in the future.
Don Whitney believes that simply changing the doors would be a good visual change and show the Town that the Historical Society is working on making changes.
Doug Webster stated that the Town could consider providing the materials for the 4th door to match the others.
5 Yes
Item #022-11 To review and act upon making appointments to the various boards and committees.
Councilor Sturgis moved; Councilor Grover seconded.
Ordered the Gray Town Council appoints John Scheckel_as an alternate member to the Planning board for a term to expire August, 2013.
5 Yes
Item #023-11 To review and act upon approving a request by the Friends of the Libby Hill Trails to erect a memorial to the Libby Family on town-owned property previously known as the Libby Homestead.
Councilor Grover moved; Councilor Hutchins seconded.
Ordered the Gray Town Council approves the request by the Friends of the Libby Hill Trails to erect a memorial to the Libby Family on town-owned property previously known as the Libby Homestead.
5 Yes
Item #024-11 To review and act on the award of the contract for the provision of winter salt for the operations at the Public Works Department.
Councilor Sturgis moved; Councilor Hutchins seconded.
Ordered the Gray Town Council awards the 2010-2011 contract for the provision of winter salt, for the operations at the Public Works Department to Superior Trucking, LLC for the bid price of $56.25 per ton.
Councilor Gellerson stated that the price is reduced from last year and asked why. Steve Lavallee stated that the Town did a different bid process. The salt companies are becoming monopolies. The Town participated in a couple of different bid processes, but came up higher. Superior Trucking approached the Town to consider a bid which they provided and that it is $7 per ton less than last year. There is salt leftover from last season due to the mild winter.
Councilor Gellerson asked Steve about paving. Steve said that Long Hill Road will be done followed by Totten Road.
5 Yes
Item #025-11 To review and act upon authorizing the transfer of unencumbered appropriations from one department, office or agency to another department, office or agency for fiscal year 2010.
Councilor Sturgis moved; Councilor Hutchins seconded
Ordered the Gray Town Council authorizes the transfer of unencumbered appropriations from one department, office or agency to another department, office or agency for fiscal year 2010, as recommended by the Town Manager.
Town Manager Cabana gave a breakdown of the funds request. She indicated that there was a $1,000 overage on electricity for Pennell (prior to the renovations) and requires Council approval for the transfer.
5 Yes
Item #026-11 To review and act upon the request for segregated funds from the fiscal year ending 2010 into the fiscal year ending 2011.
Councilor Hutchins moved; Councilor Sturgis seconded
Ordered the Gray Town Council approves the request for segregated funds from the fiscal year ending 2010 into the fiscal year ending 2011, as recommended by the Town Manager.
Town Manager Cabana stated that there was discussion with the auditors on using funds for more paving as the Council requested. The auditor said this was not appropriate.
The Council has the authority to set aside 1% of undesignated funds for some special project. Town Manager Cabana has proposed some carry forwards to help for this. She presented an itemized list. She stated that the auditor has requested that this itemized list be done each year and carried forward each year and monies set aside for a specific purpose. There was a discussion on the various accounts and funds etc.
Councilor Gellerson would like to see $10,000 for town signage. Councilor Grover stated that the list of designated funds have a description of their purpose. He expressed some concerns about remaining monies for computers. He stated that the Library has had some issues with funding for computers. Town Manager Cabana explained the accounts and how they were used. There was a discussion on how to better plan the CIP in the future.
5 Yes
Item #027-11 To review and act upon the request of the “Not Your Mother’s Garden Club” to maintain and improve the flower gardens in front of the Henry Pennell Municipal Complex and the former “Lab” building.
Councilor Doughty moved; Councilor Hutchins seconded
Ordered the Gray Town Council approves the request of the “Not Your Mother’s Garden Club” to maintain and improve the flower gardens in front of the Henry Pennell Municipal Complex and the former “Lab” building.
Town Manager Cabana stated that the Club approached the Town as they have 3 Master Gardener’s in the Club to maintain the gardens.
5 Yes
Item #028-11 To review and act upon a recommendation of staff to establish a special committee named the Henry Pennell Municipal Complex Landscaping Advisory Committee.
Town Manager Cabana stated that there has been discussion on how the signage etc to the building should be and this special committee with a few meetings could help develop recommendations.
Doug Webster stated that the expectations would for the front of Pennell and the “lab” building. There are 2 conduits already installed in the event there would be an electronic sign for the building.
Councilor Grover asked why there should be such an involved process for this project. He believes that this should be a staff process with the involvement of any volunteers they may want for advice, guidance and the like. He also asked about signage cost.
Town Manager Cabana stated that the flowers would be done as part of a community service by the Not Your Mother’s Garden Club. There is also funding from the brick sale fundraiser. Other funds for basics like loam and seed, etc. are part of the Town’s maintenance budget. There was a discussion on some of the items that could not be included in the cost of the Pennell renovation as identified by the Town Office Building Committee.
Doug Webster stated that the objective for this request was to have every stakeholder have a voice in this process.
The consensus from the Council was to leave it to Doug Webster and the Town Manager to work on this project with advice from members of the committees listed above.
Item #029-11 To review and act on setting an election date for the proposed amendments, modifications and revisions to the Town Charter, pursuant to Article XI, Section 7, Charter Amendments.
Councilor Grover moved; Councilor Sturgis seconded
Ordered the Gray Town Council shall submit the following question to be voted by secret ballot at a Special Town Meeting to be held on November 2, 2010:
1. Shall a Charter Commission be established for the purpose of revising the municipal Charter or establishing a new Charter?
Yes No
[Explanatory Note: Pursuant to the Town Charter, the voters must be asked at least every ten years whether they want to form a new Charter Commission to study whether to adopt a new Town Charter. The law does not require such a Charter Commission, just that the voters be asked. The Town last did so in 2000.~ As a practical matter, funding for such a new charter commission may cost the Town $10,000 or more.]
There were no objections to the proposed question and the explanatory note.
Town Manager Cabana stated that there is nothing in the Charter that prohibits the Council from discussing the issue but it cannot be on the ballot.
5 Yes
Fifth Order of Business: ORDINANCES: NONE
Sixth Order of Business:
Council Business: - Discussion regarding Wilkies Beach closure
Councilor Sturgis requested further information on the closure due to e-coli at the last meeting. Town
Manager Cabana provided a report. Wilkies Beach was run at a loss this year. The conclusion of the
report is that there are a lot of personnel wages that were paid in relation to what was taken in with
fees. Testing concluded that it was water fowl. Councilor Grover suggested including a written
disclaimer for those who purchase a season’s pass. Town Manager Cabana stated the majority of the
passes were purchased in May and June which was included in the last fiscal budget.
Discussion regarding Hall of Fame
Postponed to the October meeting.
Select date to visit Dry Mills School House Museum
It was suggested to meet at 6pm on October 5th
Seventh Order of Business:
Additions to the Agenda:
Councilor Grover suggested adding a motion to have a resolution on a Council position on the Charter Commission.
He also suggested having a discussion to the Town Manager on budget items as department discussions begin. He offered a suggestion on the awards designation and that each councilor could select an award recipient for a particular category assigned to each of the councilors.
Town Manager Cabana stated that the PACE request could be included as a discussion on Oct. 5th and a public hearing for the 2nd reading for Oct. 19th and then voted upon.
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 Grover suggested checking item #1 off. Town Manager Cabana stated that it is in the works.
Councilor Sturgis stated that given this evening’s discussion that item #7 should be taken off this list. Councilor Grover requests that the CEDC make the initial review for item #5 for the Council.
Ninth Order of Business: Adjournment
Councilor Sturgis moved; Councilor Grover seconded
Motion to adjourn
5 Yes
The meeting ended at 10:13pm.
Minutes approved and accepted October 5, 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.
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