Government Spotlight

Tax rate set, bathrooms at Fairgrounds and Upper Village plans discussed, school board vacancy filled

| Joanne Cole |

At their August 21 meeting, the Select Board set the 2024 tax rate: $14.29 per thousand dollars of valuation, an increase of 49 cents, or 3.5 percent. The board discussed with Parks and Recreation Director Sarah Rodriguez a conceptual plan and sketch for bathrooms at the Fairgrounds, considered next steps on Upper Village plans with Planner Kathy Tombarelli and appointed Adam Copp to a vacancy on the MSAD 15 School Board over Connie Justice.

Revised guidelines for making appointments to boards and committees will wait a bit longer, as will purchase of a Fire Rescue command vehicle. The board rejected the bids received for the vehicle and will send the RFP back out. They also extended the period to bid on the Town Hall Complex painting/staining project. No bids were received on an initial try.

Tax rate increase. After brief discussion, the board set the FY24 tax rate at $14.29 per thousand dollars of valuation. The rate represents an increase of 49 cents, or 3.5 percent, over the current $13.80 figure. For a home valued at $350,000, the new rate results in an additional $172 in property taxes. The first six-month payment is due by October 5, 2023; interest starts accruing on October 6.

Instead of receiving three alternative tax rate calculations from the town’s assessors’ agent, John E. O’Donnell & Associates, this year there was just one document, with a proposed ‘minimum tax rate’ of $14.29 and a ‘maximum’ of $15.00. Board members surmised that the change in approach was because the Charter now sharply restricts a variable—the overlay—that has provided budget flexibility in the past.

Maine law allows a municipality to collect as overlay up to an additional five percent beyond what is needed for its budget. Past boards have used the overlay to cushion against uncertain tax collections, as after the 2020 revaluation that sharply increased tax bills for some property owners.

Now, however, New Gloucester’s Charter limits the overlay to what’s needed to round off fractions on assessments. The overlay for FY24 will be $2,743.98, couch cushion change compared the overlay for the current year: $247,654. The board unanimously adopted the $14.29 mil rate – and the $2,743.98 overlay – for FY24.

Bathrooms at the Fairgrounds. Just days after the Community Fair saw hundreds of visitors and some porta-potty “issues” at the Fairgrounds, Parks and Recreation Director Sarah Rodriguez was before the board to share preliminary ideas, maps, and a concept sketch for permanent bathrooms there.

Rodriguez outlined the current thinking while stressing that nothing is set in stone: a 33’x18’ insulated cinder block building with four stalls, two of them ADA-compliant, plus sinks, hand dryers, a water fountain, and storage space. The building would be located near the pavilion and playground–“the hub of activity,” she said–and close to parking. Only one stall would be open on a regular basis and more opened for large events.

Concept sketch of possible Fairgrounds bathrooms

Next steps include septic design with confirmation of estimated usage and location, conversations with the Water District, review by the Planning Board, and cost estimates for construction, Rodriguez said. The proposed building site, selected with the help of Jeff Amos of Terradyn Consultants, is near the boundary of the Resource Protection District, making exploring waste removal options a priority, she said.

Vice Chair Tammy Donovan thought the storage space would not be large enough, especially as programs expand over time. “I say, plan for 20 years out and utilize it as needed now,” said Donovan. Member Stephen Hathorne said the design was “way beyond” what he had envisioned, “a Taj Mahal” that he would not support. “It’s just a concept,” said Chair Paul Larrivee, and funding will play “a big role” in what’s built.

The first order of business, all agreed, is a soils analysis to determine what the site and anticipated usage can support: a septic system? holding tanks? simple pit toilets? The findings will in turn guide designs and cost estimates.

Possible site of Fairgrounds bathroom (yellow rectangle) near playground and pavilion, with Resource Protection District boundary (dotted line)

Upper Village next steps. Town Planner Kathy Tombarelli has been getting up to speed on plans for the Upper Village, which she noted is a priority action item in the town’s Comprehensive Plan. Tombarelli praised the 2014 concept plan but noted that needs and the market have changed since it was prepared. Post-Covid, for example, there’s little interest in commercial office space.

Tombarelli wanted to know “how married we are to that specific plan” and where the Town is in the planning process. For example, the plan assumes road reconfiguration and other changes that haven’t happened yet. Are those still in play?

A couple of board members mentioned liking the idea of senior housing: add to the tax base but not the schools. Tombarelli cautioned that developers are mainly interested in market-rate apartments. Funding might be available for income-based housing for seniors or persons with disabilities, she said. Would the Town want to pursue that?

Tombarelli will investigate the status of the road behind Link’s—potentially pivotal in a long-range plan—look into wastewater options, and pursue conversations with a commercial broker, the Water District, and the Land Management Planning Committee, among other steps. The board will take up the fate of the salt and sand shed and consider whether to sell the town’s parcels individually or as a package. More to come.

Adam Copp appointed to MSAD 15 board seat. The board was ready to make an interim appointment to the MSAD 15 Board of Directors, a rare occurrence occasioned by the resignation of Laura Jane Sturgis.

Appointments are rare because school board members (directors) are elected by voters. A School District is its own legal entity, separate and distinct from the Town, with its own requirements for notice, agendas, quorums, voting, public comment and the rest. Similarly, the school board is not a committee of the Town appointed and overseen by the Select Board the way the Parks and Recreation Committee, Planning Board and other town boards and committees are.

Under state law, only when a vacancy arises during an unexpired term does a Select Board appoint someone to the District’s board. Even then, the appointee is an “interim director” and serves only until the next election, not the full remainder of the unexpired term. Presumably, the idea behind having the town’s Select Board do the appointment was to get a representative seated quickly and economically. In any case, and in short, the School Board is different.

Adam Copp and Connie Justice had applied for appointment, submitting written applications before the board’s August 16 deadline. Both spoke to the board during public comment at the August 21 meeting.

At the podium, Adam Copp introduced himself as “a lifelong member of Gray New Gloucester” who grew up and went to GNG and also as an “invested parent” of two boys, ages 3 and 1. He said he lives off Wall Street (that’s off Penney Road); Copp didn’t say how long he has lived there. He owns and operates Howell’s Indoor Range and Gun Shop in Gray and told the board he has regular interactions with parents, teachers and students and hopes to serve as a conduit between the community and the school board.

On the application question of what skills or talents he would contribute and how they would benefit the town, Copp wrote that in his business, “I (we) pride ourselves on keeping a cool head and keeping people safe and responsible.” He also wrote that after playing Division I football at UMaine, he learned how to work with a team, and from individual sports that “nothing can beat effort.”

Introducing herself, Connie Justice of Penney Road said she has lived here for 31 years, raising five children who attended GNG schools and building her business, Planson International. In her application, Justice called Planson International “a substantial company” that supplies technology worldwide and works on education initiatives in developing countries. Her role has involved complex project negotiations, she wrote, working with people of all countries and backgrounds, and overseeing the company’s “budgets, financials, contracts, employee relations and compliance, among other relevant areas.”

In her application Justice wrote that she “is keenly interested in strengthening public education” and has supported the schools “for years” through donations, internships, employee volunteerism, and hosting school programs. At the podium, Justice said she has seen the District continuously improve over the last 30 years and wants to contribute to that process. She told the board she will be attentive and prepared, will listen and learn, and that she has watched every school board meeting from the last two years.

During public comment, residents expressed support for Copp and for Justice. Among them, resident Penny Hilton stressed that the board should approach filling a school board vacancy differently than other committees because it’s an elected position. The board should appoint the person who most closely shares the views of the person the voters initially elected, Hilton said – in effect, replacing like with like. Adopting “a specific and different application” with education-focused questions like candidates for school board address when running, would help the board determine which applicant more closely reflects the person the voters chose for the seat, Hilton said.

When it was their turn, the Select Board did not discuss Copp’s and Justice’s qualifications, experiences or connections to the schools or the role and responsibilities of school board members. Instead, they spoke of alignment of values and about precedent. After nominating Adam Copp, Vice Chair Tammy Donovan said she supported him because he aligns with her values. “When you are in a position as an elected official,” Donovan said, “you want to align yourselves and the people who you appoint with how your values and things are, so I feel like Adam definitely aligns more with mine.”

Picking up on Tammy Donovan’s point, member Dustin Ward said, “I really align more with Connie, if we’re going to use that as a sort of precedent.” Donovan added, “When we are elected, we have certain people that back us because of our values and our morals and what we want, so it’s kind of the guiding principle sometimes in my decisions – or actually, most of the times – is who elected me and what do they want.”

Member Colleen Strickler said Connie Justice aligns more with her values. She continued, “In this particular case, where we’re replacing somebody who has resigned, I think that Connie aligns with that person as well, who was elected” – that is, with Laura Jane Sturgis – the approach Penny Hilton had urged.

Chair Paul Larrivee said that this was not an alignment issue for him. Instead, he and member Stephen Hathorne pointed to what they considered to be precedent: that when there are more applicants than openings, the board should choose according to whether an applicant is already serving on other committees. Connie Justice was serving on the Economic Development Committee; Adam Copp was on no committees.

The “already serving on another board or committee” factor appears to come from the Select Board’s “Procedure for Appointment to Standing Boards and Committees.” The relevant section says that when applicants exceed openings, the Select Board “will consider as part of their decision whether an applicant is already serving on another board or committee.” It’s presented as a factor to consider, not as dispositive.

Paul Larrivee and Stephen Hathorne appeared to assume that that provision from the Procedure for Appointment to Standing Boards and Committees applies in this situation, even though the MSAD 15 board of directors is not a town “standing board or committee.” Larrivee and Hathorne were not referencing a past precedent involving a school board vacancy; they were recalling making appointments in June to a standing committee that the Procedure for Appointment to Standing Boards and Committees does apply to: the Budget Committee.

On that occasion, Steve Libby was nominated first and re-appointed to the Budget Committee, even though he was already serving on other committees. Then Colleen Strickler nominated Julie Fralich, noting her qualifications and experience and the fact that she was not serving on any committee. The board voted unanimously to appoint Fralich. The two open seats were filled. Not nominated, Brian Shedlarski, who, like Steve Libby, had applied for reappointment to the Budget Committee and was also on other committees, became the odd person out.

The Budget Committee and Brian Shedlarski were the precedent that Paul Larrivee and Stephen Hathorne were now citing. Hathorne said he was not suggesting that Connie Justice would not do a good job, but she was already serving on a committee and Adam Copp was not. “We set a precedent and I think we need to continue,” he said.

Paul Larrivee apparently agreed. He commended Justice’s dedication on the Economic Development Committee but appeared to treat her serving on another committee as the sole and decisive consideration. “I sent my friend that I grew up with, home from a committee because he was serving on multiple committees,” Larrivee said, referring to Shedlarski and the Budget Committee.

Board members’ votes mirrored their comments. Larrivee, Donovan and Hathorne voted to appoint Adam Copp, with Ward and Strickler opposed.

Guidelines for appointments to boards and committees on pause. Later in the August 21 meeting, the board took up their draft revised guidelines and application for appointments to boards and committees only to promptly set them aside.

During public comment, several speakers criticized the proposed appointment process as insensitive, disrespectful to the volunteers who serve, and potentially violative of due process. ‘Ranking’ applicants and not reappointing serving committee members were particular flashpoints. Addressing the criticisms, Member Dustin Ward, who had taken the lead in drafting the guidelines, said the board’s goal had been fairness and transparency – specifically, to make their process clear to the public and to “bring new voices in.”

Reappointment was the principal issue. In the past, before interest and applications surged, reappointment was a foregone conclusion. Committee veterans now feel that they are being “taken off” a committee if they are not reappointed when their terms expire and a new person is put on, Ward said. He didn’t agree with the term ‘taken off’ but said he understands the public perception. The board’s intent was “to offer people who had never been on a committee an opportunity to have an entrance in,” said Ward.

Stephen Hathorne and Tammy Donovan expressed dissatisfaction with how the more-open approach had worked. They appeared to want to return to prioritizing reappointment of sitting members. “So somebody can stay on as long as they want,” said Colleen Strickler. Then how do we get new voices on committees and have it be fair, she asked. Terms limits? ventured Tammy Donovan.

Paul Larrivee could see arguments going both ways. “If we want new people to be involved, why do we keep appointing the same person to multiple committees?” On the other hand, perhaps serving members are legally entitled to be reappointed when their terms expire, a view board members have heard, although not from the town’s attorney.

Larrivee wanted a clarifying legal opinion about reappointments before taking further steps. The others concurred. The draft procedures document now goes on hold, but the board vowed to come back to it. Indeed, the Charter requires them to do just that. “The Select Board shall adopt, periodically review, and, as needed, amend a fair and transparent application and appointment policy,” it says.

Other business. Also at the August 21 meeting…

— the board decided to send the Fire Rescue command vehicle out for a re-bid. They declined to accept a revised bid from Commander Fleet that offered to reduce its price to $59,993.50, just under the $60,000 budgeted for the purchase.

Fire Rescue Chief Craig Bouchard explained that the department was preparing to purchase a used vehicle from Commander Fleet, when the vendor belatedly determined it could not be configured to comply with Maine’s emergency lights requirements. The vendor apologized and offered a discounted price on a new 2023 Ford Expedition. Nothing underhanded was involved, Bouchard said, and he and Manager Bill Kerbin believed it was appropriate to go forward with Commander Fleet’s revised bid.

Board members were uneasy, however, and concerned about fairness to other bidders. Mindful of rising prices and time passing, they decided to reject all bids and promptly re-open the RFP.

— the board decided to extend the time for bids to paint and stain the exteriors of buildings in the Town Hall Complex. No bids were received on the first try. Public Works Director Ted Shane expressed hope that a building or two could be done this fall, assuming bid and weather cooperate, with the other buildings rolled into next spring.

— the board approved revised bylaws for the Library Board of Trustees. The proposed bylaws, amended to add youth trustees, had previously come to the board but weren’t acted on for a variety of reasons. This time, they were approved, despite a late challenge to a provision that gives the Trustees a voice in recommending hires and removal for cause of library staff. Peter Bragdon had raised the issue during public comment.

Colleen Strickler, formerly a Trustee, argued that the provision was not new, has never been an issue, and because the Trustees are advisory, doesn’t interfere with the Town Manager’s authority. The Trustees have specialized knowledge about library policies and appropriate operations and thus informed insights to share with the manager, she said. The manager “would not make decisions about the fire station without feedback from people who understand how the fire station works,” Strickler said. The board approved the bylaws, 4-1 (Hathorne).

As always, there was even more. To view video of the August 21 Select Board meeting, click here. For Select Board agendas and meeting materials, click here.