MINUTES
GRAY TOWN COUNCIL MEETING
August 5, 2008
STIMSON HALL –7:00 P.M.
Roll Call
Councilors Mark Grover, Margaret Hutchins, Tracy Scheckel, Matthew Sturgis, Peter Gellerson.
Town Manager Deborah Cabana.
Others present and speaking: James Monroe, Fran Monroe, Mary Miller, Jean Cameron, George Thebarge, Wade Trudel, Gary Foster, Doug Webster.
Pledge of Allegiance to the Flag
Minutes from Previous Meetings:
Approval of July 17, 2007, Town Council Minutes
Councilor Scheckel moved; Councilor Hutchins seconded.
Ordered the Gray Town Council approves July 17, 2007 Town Council Minutes as corrected.
Councilor Grover commented that on page 5 there is a spelling error: Portland. He indicated that both he and Councilor Sturgis were on Central Corridor Coalition Committee. Councilor Grover corrected “CDBG” to “CEDC”.
Motion carries - 5 Yes
First Order of Business:
Public Comments of Non-Agenda Items – (limit 3 minutes per person)
Jean Cameron gave an overview of a contracting issue and was given a name of contractors at Town Hall. She would recommend that Town employees not give recommendations. She also asked about the lack of street lights on her street (Qualey Rd) and would like to find information on the process.
Councilor Grover asked from which office she received this information. Town Manager Cabana explained that a list of soil evaluators was given. An overall list is given with a disclaimer that no recommendations are given. The contractor that Mrs. Cameron had a bad experience with was not the soil evaluator’s name obtained from the town, but rather the contractor recommended by the soil evaluator.
James Monroe asked why there is no “for sale” sign on the former post office building. He also asked about the locations of meeting agenda postings. He asked why paving was done on the post office side. He indicated that he had issues about a police department as discussed at the County Commissioners’ meeting.
Town Manager Cabana indicated that the agendas were property posted and clarified the posting agenda locations.
Fran Monroe commented that there have been 3 executive sessions on the Town Manager’s contract and evaluation, and asked whether or not there were reviews, contracts and pay raise. She asked about any action and whether or not it is disclosed.
Town Manager Cabana indicated that she is in a 3 year contract and an increase was awarded as included in the budget. Pay raises for all Town employees was also included in the budget which was approved.
Second Order of Business:
Interviews: Individuals for various boards and committees
Councilor Gellerson asked what procedure the Council will like to follow.
Councilor Grover had some questions about some applications. Town Manager Cabana gave an
overview of some of the applications and some technical issues that arose as a result.
Councilor Grover had some questions about a couple of applicants for the Public Safety Committee and
indicated that not all the questions were answered.
Councilor Sturgis expressed thanks to those who have volunteered their service.
Councilor Scheckel also thanked them for their efforts. She asked if there was anything they are doing
that would constitute a conflict of interest.
Councilor Hutchins asked about the alternate status on Public Safety for Skip Crane.
Councilor Gellerson noted that there were three terms expiring on the Planning Board this year and suggested that the Council consider staggering the terms when making the appointments.
Public Hearing: None
Third Order of Business: ORDERS
Item #014-09 (Previously tabled Item #120-08) To review and act upon approving the Request For Proposal for the Main Street Village Fire Station.
This action requires a majority vote after an opportunity for public comment.
Councilor Sturgis moved; Councilor Grover seconded.
Ordered the Gray Town Council removes Item #014-09 (previously Item #120-08) from the table for discussion and possible action.
Motion carries - 5 Yes
Councilor Scheckel moved; Councilor Hutchins seconded.
Ordered the Gray Town Council approves the proposed Request For Proposal for the Main Street Village Fire Station as amended.
James Monroe reviewed and commented on the document referring to this requests. He questions the practicality of limiting time for accepting proposals. He suggests a more reasonable deadline of 6 months. He expressed concerns on the content and details of the proposal. He believes that the potential buyer would not know what they are buying as it is described in the document. He asked to whom it is being marketed. He asked about the Dunkin Donuts’ property described.
Town Manager Cabana agreed with some of Mr. Monroe’s concerns. She noted that the issue of clear title will not happen since this property was acquired long ago. She indicated that it would be listed on the Town’s site, local television and some advertising.
George Thebarge gave some background information on the proposal. He commented on the historic preservation of the properties. A review by the Maine Historic Preservation indicated that it was not of historic importance from the state perspective, but the Town may choose to have some. The building could be leased. The Town attorneys have been reviewing the property and that historically, there is no clearly defined lot. He also commented on the parking issue and the property lines to park. Access, as well as, parking is an issue. He indicated that there is no code compliant waste water disposal. At present, it could only be used as storage. The advantage in going to RFP is that new owners could share the costs for improvements at the central location.
Councilor Scheckel asked what would happen if no one has interest in the property. He indicated that the proposal does have full disclosure of the issues.
Councilor Hutchins asked George what he would recommend. He commented on the advantages and some of the issues that would still be addressed as the process goes ahead. He believes it will be a negotiation process as this moves forward.
Councilor Gellerson asked if there are any easements possible for the septic issues. George Thebarge indicated that there are easement possibilities, but they can be costly.
Councilor Sturgis made some suggestions based on the diagram of the property. There was a discussion on the options and the advantages of what could be in the building in the future.
Councilor Sturgis asked to include for further discussion other properties for future RFPs.
He commented that RFPs should get the greatest exposure and suggests commercial realtors.
Councilor Gellerson asked for comments from Councilors on their thoughts on the RFP. There was an extensive discussion on their comments, positions, options, deadlines, as well as, the RFP wording.
Town Manager Cabana felt that the CDBG grant to improve the façades on the Clark Block would add more value to the Main Street Station property.
James Monroe believes it is an obligation to put the RFP out and the result could generate a creative use not considered before. He offered some suggestions on how to determine part of the property lines for the property and perhaps sub-divide the property. He expressed his concerns about number of other issues and wording on the RFP.
Wade Trudel agreed with Councilor Sturgis regarding more signage and marketing for all the properties up for sale by the Town.
Councilor Grover moved; Councilor Sturgis seconded.
Proposed amendment to Item #014-09: Change the wording to state “The Town of Gray will consider all proposals”, change National Register wording to the National Register of Historic Places, change cesspool wording to an existing holding tank, change the deadline date to Monday, November 17th and add the phrase “the Town of Gray reserves the right to reject any and all proposals”. The RFP will be subject to approval by the Town’s Attorney.
Motion carries - 5 Yes
Councilor Grover moved.
Ordered the Town Council moved to amend order 014-09 by adding the requirement with “application to the National Register of Historic Places.”
No one seconded. Motion fails.
Vote on motion to Item #014-09 as amended.
Motion carries - 5 Yes
Item #015-09 To review and act upon making appointments to the various boards and committees. This action requires a majority vote after an opportunity for public comment.
Councilor Sturgis asked about the procedure and requested to vote on the appointments “en bloc” in order to speed up the process.
Councilor Sturgis moved; Councilor Grover seconded.
Ordered the Gray Town Council appoints the following applicants as identified.
Finance Committee:
Skip Crane – Regular Member – 3 yr term to expire 2011
Grange #41 Scholarship Committee:
Gordon Kimball – Regular Member – 5 yr term to expire 2013
Zoning:
Kathy Wood – Regular Member – 3 yr term to expire 2011
Planning Board:
John Redlon – Regular Member – 3 yr term to expire 2009 (creating alternate member vacancy)
Dan Cobb – Regular Member – 3 yr term to expire 2010
Rodney Boyington – Regular Member – 3 yr. term to expire 2011
Don Hutchings – Regular Member – 3 yr. term to expire 2011
Library Board of Trustees:
Jody Fein – Regular Member – 3 yr term to expire 2011
Glen Walton – Regular Member – 3 yr term to expire 2011
Public Safety:
Skip Crane – Regular Member – 3 yr term to expire 2011
Gary Wood – Regular Member – 3 yr term to expire 2011
Dick Wood – Regular Member – 3 yr term to expire 2011
Motion carries - 5 Yes
Item #016-09 To review and act upon provisions of the legal services for the Town of Gray.
This action requires a majority vote after an opportunity for public comment.
Councilor Hutchins moved; Councilor Scheckel seconded.
Ordered the Gray Town Council authorizes the Town Manager to administer a request for proposal for the Town’s legal services and report back to the Town Council on September 2, 2008.
There were comments on streamlining the proposal and the Council approved the changes. Councilor Scheckel asked if September 2 is too soon.
Fran Monroe commented on previous contract arrangements and inquired about rates and arrangements. Councilor Gellerson stated that the current legal services cost more than the low bidder and that the Town has been paying more for services since February of 2007.
James Monroe asks the Council to be cautious on their decision as they assess the low bidder.
Wade Trudel stated that the previous law firm provided services to the Town for many years and that a review of all their work in the past should be considered. He encourages them to select someone who will be objective.
Mary Miller asked who will receive the RFP. Town Manager Cabana gave an overview of who will receive the RFP and where the information will be posted. She indicated that she had contacted various other municipalities about their services.
Motion carries - 5 Yes
Item #017-09 To review and act upon authorizing the Town Manager to enter into a tolling agreement with Time Warner Cable TV.
This action requires a majority vote after an opportunity for public comment.
Councilor Hutchins moved; Councilor Sturgis seconded.
Ordered the Gray Town Council authorizes the Town Manager to enter into a tolling agreement with Time Warner Cable TV until after the state’s model franchise agreement has been approved and a local franchise agreement can be negotiated.
Town Manager Cabana gave an overview of the new legislation providing for a model franchise agreement. She indicated that the proposed tolling agreement is maintaining the status quo. Brad Fogg added a historical perspective. Mr. Fogg explained that the model franchise agreement will eliminate the need for negotiations of various categories. He indicated that it is to the benefit to the Town to wait until the model franchise agreement is approved. It will save a lot of negotiation time and money to the Town.
Councilor Scheckel asked about the benefits of competition. Brad indicated that the Town would have to demonstrate a severe loss to of service by the current provider in order to cancel the contract. He was aware that Comcast provides service to a limited amount of communities.
Motion carries - 5 Yes
Gary Foster commented on that order #015-09 did not have a public comment time. He stated that the Wood family has been very active in the community, and supporters of the Town.
Fourth Order of Business: ORDINANCES:
Item #018-09 To review the various boards’ and committees’ input on the draft Town of Gray Land Use Ordinances (Chapters 401 and 402) and to set a date for a first reading of the new ordinances.
This action requires a majority vote after an opportunity for public comment.
Councilor Hutchins moved; Councilor Sturgis seconded.
Ordered the Gray Town Council sets a first reading on September 2, 2008 regarding the draft Town of Gray Land Use Ordinances (Chapters 401 and 402).
George Thebarge gave an overview of the process for updating/making changes for the Land Use Ordinances. He indicated that he sought input from various groups for certain components and gave drafts to various groups for their review. He gave a packet with a summary of the comments and their sources. He indicated that he tried to include as many of their comments, changes and issues they clearly addressed in this document. He stated that he could not include comments that disagreed with existing Town policy, contradicting state law, or creating a new policy. He provided a packet on the changes via the Gray Water District. He indicated that many of the Ordinance Review Committee’s suggestions were not conducive to the goals of this project and limits the Planning Board’s role, but there were some
suggestions he included. He also has a few items from Zoning Board recommendations that he will need to work on. He provided elements regarding habitats and wetlands etc.
Gary Foster indicated that an additional meeting by the ORC was held after the work by George. He explained some of their additional comments from their last meeting. It included retroactivity, subdivision plans, minor amendments, fire suppression ordinance and its application. He indicated that they are trying to finalize 402 as 401 took a great deal of time, as it was a major review. He anticipates that this ordinance will take less time.
There was a discussion on retroactivity and what should be applied as well as what is currently being applied.
Councilor Sturgis thanked everyone for their yeoman’s work. Councilor Grover believes that such a significant change should be approved by the voters and plans to offer an amendment to this effect at the first reading.
Town Manager Cabana gave an overview of the process of adopting ordinances.
Motion carries - 5 Yes
Fifth Order of Business:
Reports from the Council Chair:
Councilor Gellerson commented on an email from a veteran’s group to support their efforts for wounded veterans.
Reports from the Town Manager:
Town Manager Cabana commented on the ground breaking ceremony for public works/transfer station project. The Town of Gray hosted the Cumberland County Commissioners’ meeting. She also congratulated Officer Lucas Hare of the State Police for his recent award of “Officer of the Year”.
George Thebarge gave and update regarding the CDBG grant – Town has entered into an arrangement for a block grant. Town Received $135,000. Funds became available July 1 and met with various people on the project. He discussed the façade improvements and the matching public funds available to the property owners for these improvements. The time of the project is estimated to be done by next Spring. (Property owners by the Fall and sidewalks in the Spring, as sidewalks need to go to MDOT for approval.)
Councilor Scheckel asked that if the matching funds are given first, will there be enough for the sidewalks. George indicated that there is some flexibility with program and that a 15% contingency has been added in the budget.
Sixth Order of Business:
Committee Appointments and Resignations:
Committee Reports: Councilor Hutchins stated that ORC will meet this Thursday and Public Safety did not meet. There were some questions and discussion about ORC’s deadline for 402 and George’s work meeting the deadline.
Doug Webster indicated that ORC plans to have it completed within 3 meetings by the first reading and does not believe that 402 will take nearly as long as 401. He will update the group on their deadline.
Councilor Scheckel stated that CEDC will be meeting tomorrow and Councilor Gellerson indicated that many people believe that Pennell was worth saving. The Recreation Committee did not meet.
Councilor Grover- Dry Mills School House- no one has applied for this committee and he will be speaking with remaining members in the future of the committee and work.
Councilor Sturgis was at GPCOG meeting and gave update and some of the issues of consolidation and regionalization of services. They will be putting together a “Right to Know” session and is a requirement by this November and a training is being offered.
Councilor Grover indicated that studying materials and completing this requirement is also online.
Council Correspondence: None.
Council Business:
Councilor Scheckel indicated that she recently wrote to the Gary Water District letter regarding the Rte 115 water main that was discussed at the last meeting.
Councilor Grover indicated that there has been extensive discussion on winter heating and LIHEAP and supplementing the funds. He asked that the Council consider helping to administer a fund to provide these valuable services.
Town Manager Cabana indicated that communities will get together to map out some ideas and find out what other communities are doing to prepare for the winter. She has spoken to Neal Allen of GPCOG to help the communities come up with suggestions and ideas and gave a series of ideas.
Doug Webster gave an overview of Twin Brooks. He explained that there still some outstanding violations that have not been met and has imposed a one week deadline on Twin Brooks for completion.
Councilor Gellerson expressed concerns on Stonehedge and upcoming events and the problems with signage, traffic for both drivers and pedestrians.
There was a discussion on the traffic issue and emergency ordinances. Councilor Scheckel suggested having Doug Webster meet with Stonehedge to help work together on this. She believes it would show good faith as a community neighbor by working together.
Town Manager Cabana indicated that an emergency ordinance needs to be able to demonstrate that there is a public safety issue. An emergency ordinance can state that a rescue vehicle needs to be on site, that they hire police to monitor traffic etc. An emergency ordinance has a time limit of 60 days. She indicated that she is gathering information from other towns on what they are doing.
Councilors Grover and Sturgis agreed with Councilor Scheckel about meeting with Stonehedge to make the upcoming event work.
Councilor Hutchins indicated that the mass gathering proposal of a few years ago is very similar to what the Council is currently discussing.
Councilor Sturgis inquire about a sign for Russell School.
There was an extensive discussion on this issue in relation to the CEDC roles and plans, timelines and the effectiveness of having items on the November ballot as it is a major election year. There was also a discussion on crafting the wording for a ballot item.
Seventh Order of Business:
Additions to the Agenda: Councilor Sturgis inquired about the addition of an RFP for other town-owned properties and if this should be on the next Town Council agenda (August 19th)
Item #019-09 To discuss an RFP for the value of opinion and marketing strategy for various town-owned properties.
This action requires a majority vote after an opportunity for public comment.
Councilor Sturgis moved; Councilor Scheckel seconded
Ordered the Gray Town Council authorizes the Town Manager to send an RFP to provide proposals from a minimum of 3 brokers regarding Dry Mills Fire Station, the former Post Office building, Town Hall building, Stimson Hall, and the Pennell Institute and Pennell Science Building for a marketing plan, estimated commission and estimated market price to be completed by October 30th.
Motion carries - 5 Yes
Councilor Scheckel moved; Councilor Sturgis seconded
Motion to amend to include “as soon as possible” before October 30th.
Motion carries - 5 Yes
Town Manager Cabana recently received the ballot for the annual election of MMA Vice President and the Executive Committee. There is a proposed slate of officers. This could be a consent agenda item.
Councilor Sturgis moved; Councilor Scheckel seconded.
Motion to accept MMA ballot as submitted.
4 yes /1 Abstention (Grover)
Item #012-09 (Tabled Item) To review and act upon authorizing the grant to the Gray Community Endowment for acquisition of Libby Hill premises.
This action requires a majority vote after an opportunity for public comment.
Councilor Sturgis moved; Councilor Scheckel seconded.
Ordered the Gray Town Council tables Item #012-09 until the next Town Council meeting on August 19, 2008.ble for discussion and possible action.
Motion carries - 5 Yes
Eighth Order of Business:
Council Action Items, Assignments and Issues Status:
Mobile Vendor License Ordinance Amendment.
Clarify Committee Priorities
Fuel Usage – Revisit October 2008
Parking Ordinance
Mass Gathering Ordinance
Department Head Goals
Personnel Policies and Administrative Codes.
Ninth Order of Business: Adjournment – The meeting adjourned at 11:22 p.m.
Minutes approved and accepted August 19, 2008 by its Town Council:
_____________________________ ___________________________
Peter Gellerson, Chair Tracy Scheckel, Vice Chair
______________________________ ___________________________
Mark D. Grover Margaret Hutchins
_____________________________
Matthew Sturgis
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