Pennell
as library is doable Joint Leaders concur
By Elizabeth Prata
Gray-The Joint Leaders of MSAD 15 and Town of Gray
met on Tuesday night to discuss transferring the Pennell
Trust to the newly formed Gray Public Library Association
(GPLA).
The Pennell issue has plagued both parties for almost
three years. The SAD began searching for a way to
dispose of Pennell Institute, an historic building
that no longer serves their educational needs but
comes encumbered with a trust that states the building
must be used for educational purposes.
The trust has been the sticking point. The School
Board of Directors have been serving as Trustees since
the SAD was formed in the early 1960s and the trust
transferred to them from the Town of Gray as per legislation
at that time.
The building, land and adjacent Laboratory building
falls under the eye of the Attorney General (AG),
who governs all trusts in the state of Maine. In earlier
contentious discussions, the AG's opinion was sought
regarding giving the Trust back to the Town of Gray.
The opinion was no, the Town was not an educational
entity and the trust's assets must be maintained,
therefore it could only be sold or traded for similarly
valuable asset. Talks stalled, and both parties lodged
litigation with the Superior Court, which has since
been stayed, pending further talks.
The Gray Library Trustees have formed tax-exempt corporation,
which brings a new wrinkle into the mix. Does the
GPLA want Pennell? If so, would the AG allow the Pennell
Trust to be transferred to the GPLA, which could be
argued is an educational entity separate from the
town? It was on that basis that the leaders met Tuesday
night to discuss.
The Gray Library Trustees, directors of the GPLA,
along with their attorneys, met with the SAD Board
chair and members, SAD Superintendent, and Gray Councilors
and Manager.
Board Chair Dr. Alan Rich began the meeting with a
prepared statement that ended with asserting that
this proposed transfer, in his opinion, meets the
strictures outlined in the Trust. "The Library
is clearly educational, perpetuation of the trust
is assured since there will probably be a library
as long as there is a Town, and it allows the Inhabitants
of the Town of Gray to enjoy the asset, as stated
in the trust."
Gray Library Trustee Ray Clark agreed. He said, "We
need to grow and Pennell would be a wonderful acquisition
for the Library. We are not unaware of the legal ramifications
and are also aware of the environmental issues and
overall costs. But as things stand now, we are interested.
If this turns out to be another McKin site, we would
become less interested" Mr. Clark was designated
the official spokesperson for the issue an though
he is also editor of a local publication, vowed that
he would separate his two roles as they unfold.
The Library Trustees have embarked on a fundraising
campaign for a previously researched expansion, which
they have already received an initial $100,000 donation.
The donation must be matched by June 1. The Pennell
idea came along and since their expansion fundraising
was already underway, the Trustees decided to pursue
Pennell.
Gray Council chair Pam Wilkinson said that "This
is certainly something that we want to embrace. Not
all people may agree, some may say that we have too
many buildings, but we can sell some assets to help
renovate Pennell."
School Board member Tod Bennett said that he was uncomfortable
with the idea. "All I keep hearing is 'the town,
the town,' and the courts determined that the trust
cannot be transferred to the town. If the Library
becomes Trustee then the building is not in the public
domain and if the Town spends dollars on the building
then it is a gift to the trust."
Manager Mitchell A. Berkowitz said that a lease arrangement
between the Trustees and the Town could be entered
into.
Mr. Bennett also said that "I am concerned about
the appearance of this with the Town's lawsuit…"
He was interrupted by both Board member Peter Pinkerton
and Dr. Rich, who minimized the issue of the pending
lawsuit.
Mr. Berkowitz said that the Council could present
a non-binding resolution to the citizens at town meeting
to determine whether the citizens are interested in
becoming associated with the Pennell trust and building.
He said that it is better to learn earlier in the
process rather than later if the citizens will get
on board. Also, he said, no mater how vigorous the
Trustees are in their fundraising efforts, it is not
likely that they will be able to raise the entire
amount necessary and a commitment by the Town of Gray
may become necessary.
The building has been inspected, and it would take
almost two million dollars to rehabilitate it and
that amount does not include ongoing maintenance.
The next steps will be for both the Council and the
Board to discuss the issue at their next scheduled
meetings and then vote at a subsequent meeting whether
to continue pursuing it. Then, the AG opinion will
be sought to see if the idea is legally feasible.
The Trustees will finalize their tax-exempt corporate
status and will supply their corporate numbers to
the SAD. At that point a non-binding resolution will
be presented to Gray citizens.
After the meeting, Mr. Clark and Mr. Berkowitz discussed
the language the resolution may contain. Mr. Clark
wanted to keep any reference to future financial commitment
by the Gray citizens out of the resolution language,
saying that all that could be discussed later.
