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Anatomy of a rumpus part 2: the e-mails

This is not a complete list of e-mails that were sent. They are reproduced verbatim. The Monument does not have some replies, and others were not replied to. It should be noted that at no time did the Council suggest having an executive session, as stated by Mr. Clark. Below: Chair Gary Foster

The e-mail that set things off: Mr. Barter begins:

Friends, This morning I attended a meeting of the GPLA to find out the latest on Pennell. As I feared "All is not well in Denmark - or Gray." Ray was asked to write his overview of the meeting which I share this with you with an urgent plea to step up and be heard -Ray Clark can not, should not, carry the Pennell coals to New Castle - or any where else for those of us who care deeply and passionately about Pennell and the Town of Gray. So to what I believe to be the "silent majority" please come out of the shadows and the comfort of your homes and take a stand on this issue before it is too late. I will never have to say regardless of the outcome that "I tried!" -will you ?? Please feel free - perhaps obligated-- to pass on this information to as many interested friends and neighbors as you would like to! Thank you.

Dick Hello, all:

As someone with at least a passing interest in the future of Pennell Institute, you should know about a meeting held last Thursday in Stimson Hall. Perhaps the members of the Council have some other use in mind for Pennell. If so, they have not revealed it. They seem determined to dismiss the offer by the GPLA to raise the money necessary to redeem the old structure at no cost to the Town's taxpayers. Instead, they seem to want to spend even more money on lawyers' fees (the Town has spent, so far, at least $20,000 on this issue) and to cause the School District to spend even more of theirs. Please take a few moments to read my account of the meeting. Then decide for yourself how you feel.

If you're as disappointed as I am, perhaps you'll want to write a letter to our local newspaper expressing your frustration. Even better, perhaps you'll attend the July 5 Town Council meeting. This Council must understand that it cannot ignore the will of the people of Gray.

Thank you. right, Pennell steps crumbling, 2002. They have since been repaired.
Ray Clark

The e-mail continued, Mr. Clark writing his overview

A meeting to discuss the next steps in the process of transferring Pennell Institute and its associated trusts and properties from MSAD 15 to the Gray Public Library Association was held last Thursday. Attending the meeting were Priscilla Payne, Library Director, Ray Clark and Peter Gerardo, representing the Gray Public Library Association; Victoria Burns, MSAD 15 Superintendent' Todd Bennett, Peter Pinkerton and a woman whose name I've forgotten, representing the MSAD 15 Board of Directors; Gary Foster and Andrew Upham, representing the Gray Town Council; Daniel Walker, attorney for the GPLA; William Dale, attorney for the Town of Gray, and the attorney for MSAD #15, whose name I have also forgotten; and Mitchell A. Berkowitz, Town Manager for the Town of Gray. Elizabeth Prata, editor of The Monument newspaper, also attended.

Mr. Berkowitz opened the meeting with a review of the situation as it has developed thus far. He pointed to the overwhelming victory of a nonbinding referendum asking the Town whether it supported the idea of transferring Pennell to the GPLA: 582 in favor, 160 opposed. Left, Pennell has been used for police training. Monument file photo, 2005.

He suggested that the purpose of the meeting was to develop a proposal to place before the Attorney General of the State of Maine asking approval of the plan. Mr. Dale discussed, at some length, the status of a sum of money held in trust by the Town of Gray, which now amounts to some $35,000; he did not recommend a specific action to take.

Mr. Foster, who is the newly-elected Chair of the Town Council, said that he preferred to continue the Town's lawsuit against the District, which seeks to cause the District to relinquish the Pennell Institute building and one acre of land to the Town of Gray. He noted that the Attorney General's office had already suggested that the basis of this suit is not valid, but suggested that a judge's opinion might be different.

Mr. Foster was clearly not interested in pursuing the discussion that had been originally planned for the meeting, namely, next steps in turning Pennell over to the GPLA. Pennell has been used for fire training. Monument file photo, 2005

Mr. Upham professed ignorance of the whole affair (although he had attended a previous Town Council meeting at which the plan was discussed in great detail).

He asked the Town Attorney, Mr. Dale, to provide an estimate to the Council of the cost of pursuing the existing lawsuit and the probability of success, this information to be presented to the Council in executive session. He asked the GPLA to prepare, in writing, a detailed lease agreement so that he (and presumably the rest of the Council) could study it.

The GPLA advised him that it could not, at this point, prepare such an agreement, since it had no authority over the building. He then asked for a "draft" of a lease agreement. The GPLA said that it could do that-but only in the most tentative form. When Mr. Upham and Mr. Foster were reminded that the voters of the Town had approved the idea by an overwhelming margin,

Mr. Upham dismissed the vote, saying, "But they didn't have any numbers". Mr. Foster ignored it altogether.

When the members of the Council were reminded that the GPLA wanted to raise the money for rehabilitating the building, so that it wouldn't cost the Town anything, they both ignored it. Representatives of the School District were aghast at the proceedings.

To a person, they said they had come to the meeting expecting to reach agreement on an approach to the Attorney General, not to start the whole process all over again. They expressed extreme displeasure at the possibility of further court action, which would cost the District even more than it had already spent.

They asked why the Town would consider such an action; Mr. Foster said that he "would rather own the building than lease it". He did not say why, nor did he suggest what the Town might do with the building if they did acquire it. The representatives of the District said they saw no point in continuing the meeting, and recommended ending it. The representatives of the GPLA agreed. According to an e-mail sent by Mr. Foster, the Council will discuss this issue at its workshop on Monday, June 28 (under "other"), and it will be on the agenda for the regular Town Council meeting July 5.

What next?

As Saturday wore on, Chair Foster and Vice-Chair Upham began to receive the e-mails that Dick Barter asked them to send. Their opinion as to the meeting's contents, statements and occurrences, are based on Mr. Clark's above account and other second hand information.

From Robert and Diana Hertz

Dear Town Council Members:

My husband and I, like many of our town's people, are totally in favor of the Pennell Institute being transferred to the Gray Public Library Association. We cannot understand your opposition to this happening. The Gray Public Library is one of our town's finest institutions, and should be able to expand to serve us all better.

Your additional opposition to the offer by the Gray Public Library Association to raise the necessary money (at no additional cost to the Town) seems to be totally ignoring the desires and needs of the people of Gray. It is our understanding that you are on the Council to best understand and interpret the will of the people. Please reconsider your position on this issue. We want our Library to grow, to be able to serve us better. You can be of enormous help in this endeavor. Before it is too late, please rethink your position on this vital issue to Gray. There is no shame in changing your mind to do the right thing.

Robert and Diana Hertz

Mr. Foster responded:

Dear Mr. and Mrs. Hertz,

The new Council has not discussed the Pennell Issue yet, so I am speaking for myself. It appears that you may have not received all of the facts regarding Thursday's meeting. I am not opposed to moving the Library to Pennell, and did not indicate that at the meeting.

I brought up one of the yet unresolved issues, and that is the status of Pennell with regards to the Trust. Documents suggest that Pennell and one acre of land are not currently encumbered by the Trust. That property was separated from the Trust in 1954, and transferred to the inhabitants of Gray. This means that the property belongs to the SAD, and is not an asset of the Trust, therefore, if it is determined that is in fact the case, the SAD would have to offer it to the Town of Gray as required by Maine school closure statutes. If that were to happen, the GPLA can still raise funds for repairs and upgrades to the building.

I prefer the citizens of Gray having ownership of the property, as suggested by many citizens who have contacted or spoken with me on the issue. That way, Pennell can be preserved in perpetuity, under ownership of Gray's citizens. On the other hand, if the Trust, including Pennell is transferred to the GPLA, a private non-profit organization with no obligation to the citizens of Gray, its future is not guaranteed, as the GPLA may not be in existence indefinitely. If the GPLA were no longer able to maintain control of the Trust and its assets, whether for financial reasons, or de-organization, the property could be sold for fair market value, as the AG has already stated, and the proceeds returned to the Trust, at which point the we, the citizens of Gray, risk losing Pennell.

Therefore, if the Town of Gray (meaning the inhabitants of Gray) were to acquire ownership of Pennell, its future is much more certain. We will be reporting on the meeting between the GPLA, SAD, and Council at Monday's (June 27 at 6:00PM) workshop. Also, at the next Council meeting on Tuesday, July 5 at 7:00PM, we will be discussing the status of Pennell with regards to the Trust, and what action to take. I appreciate your concerns and comments, and hope this helps.

Best regards, Gary Foster
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Pennell Alum Dick Barter asked Chair Foster a few questions:

Dear Gary,

Surely I am getting incorrect information but as a Pennell Alumnus, a former member of Council who served as liaison to the SAD on issues related to the transfer of the Pennell property, part of the team working with Bill Dale on the appeal to the Attorney General, and as a Gray Councilor who placed considerable public pressure on the SAD to come up with a fair and legally acceptable transfer of Pennell back to the Town - I have to be concerned. Thus I turn to you for current and correct information, information to quell the negative rumors that are doing the Town no good.

Specifically;
Was the recent joint party Pennell meeting to prepare a common statement to present to the Attorney General aborted when the GTC declared an unconditional return of Pennell to the Town?

--Did legal Counsel support this plan of action? Was legal counsel consulted in advance re the appropriateness of this action?
--Did three organizations have paid counsel attending a meeting that the Town Chair knew would be a bust?$$
--Will legal counsel now be paid to write up a new agreement?$$
--Was the GPLA asked to have a conditional lease prepared by paid legal counsel - prior to A G approval to go forward?$$
--What is the current and historical costs of accumulated legal fees?$$
--Will N G request "fair market value" of any Pennell asset transferred to Gray? Can't they under the current Court ruling?$$
--Is the SAD feeling misused and mislead by this current action? Is this more bad feeling between the TC and the SAD?
--How does Council view the vote of the citizens in support of the Pennell transfer?
--Will Council be issuing a statement to the voters re your action?
--Will the Council Chair be available to address the P I Alumni Association at their July 24th meeting re this action?
--Is the Pennell issue on the agenda at the next workshop?
--Will it be on the agenda of the next Council meeting, with of course, ample information and advance notice of this policy shift?

On the face of what I hear, if you are seeking to "arouse" many good citizens - you are doing that ; - if you are striving to advance the interests of the Town with peace, harmony and fair play, you are not doing that. So perhaps this Town Council should tell the citizens what your intent and true purpose or vision is for our future - now that sounds like a reasonable and sensible suggestion.

Please feel free to share my questions with the Council and other town leaders. I am willing to discuss any/all of the above if I can be of help.

Thank you.
Dick Barter

Mr. Foster responded:

Hi Dick,

At the May 17 Council meeting, I stated that we should dispense with some unresolved issues surrounding Pennell, such as documents indicating that Pennell and one acre of land are property of the SAD and not assets of the Trust, and the unexpired lease with the Historical Society. Unfortunately, my comments went largely ignored.

The meeting between the GPLA, SAD, and Town Council was announced two days before the meeting took place, leaving no time to address the unresolved issues prior to the meeting.

When I again raised the issues that have not been addressed, the discussion shifted from facilitating the transfer to determining the status of Pennell with regards to the Trust. The GTC, in fact, did not declare an unconditional return of Pennell, and has not dealt with this issue, having been seated only a few days ago. It is my opinion that we determine once and for all the status of Pennell with regards to the Trust, and then go from there. We also need to determine how to deal with the Historical Society lease. Furthermore, at no time did the GTC express opposition to the library occupying Pennell.

I do not know if the GPLA was asked to draft a lease agreement, though in my opinion that should come only if and when the AG issues an opinion supporting the proposed transfer of the Pennell Trust to the GPLA.

The Town of New Gloucester has been silent on this issue through the entire process, so presumably they will be satisfied with whatever agreement is reached, however, if Pennell and one acre of land is not an asset of the Trust, NG will have no claims on the value of that part of the property. If the entire campus as an asset of the Trust is transferred to the GPLA, and you raise a good point, then it may need to determined if NG has a claim to the fair market value of the Trust.

The recent meeting between the three entities will be reported at Monday's workshop, and the Pennell issue will be included in the July 5 agenda as both discussion and an Order. At that point, the citizens will be able to see, hear, and read any action taken by the Council regarding Pennell, and the Order will be a declaration of action taken by the Council.

By request of Councilor Andy Upham, Bill Dale will be submitting financial information to the Council, presumably in time for the July 5 meeting.
I will be willing to speak to the PI Alumni if they so desire.

The people of Gray who have expressed opinions on the Pennell issue, desire that Pennell be returned to the citizens of Gray to be preserved, in perpetuity, as an important part of our heritage. The future of Pennell is more certain if it is in the hands of the inhabitants of Gray, than if it is under control of a private, non-profit organization.

If, in the future, the GPLA for some reason can no longer maintain the property, or if the GPLA is disbanded, it could conceivably be sold and the proceeds returned to the Trust, as the AG stated, touching off this whole affair, at which point the citizens of Gray would likely lose this historic property. If Pennell and the one acre of land on which it sits is declared property of the SAD, and not an asset of the Trust, then the SAD will be required to offer it to the Town of Gray. In that case, the GPLA can still raise the funds to repair and upgrade the building for use as the library, and as far as the remaining property is concerned, there is no reason, providing it has the blessing of the AG, that it cannot be transferred to the GPLA.


If it turns out that the only way Pennell can remain accessible to the people of Gray is by transferring the Trust to the GPLA, then that is what should be done. Similarly, if Pennell can be returned to the citizens in a manner where they have control of its future, that is what I, and many of Gray's citizens prefer.

Thank you for sharing your concerns, and I hope this helps.

Regards,
Gary Foster
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Sharon Bondroff sends in her concerns:

Gary,

A large majority of the people in Gray who came to the polls last week voted to support turning over Pennell to the library. Despite all the intricacies of the situation, it sounds like a real win-win situation.

A lot of people are working hard to make this happen. The council should not be obstructing them; the council should be supporting them.
While it may not be what you necessarily want, it is what the majority of the voters want. I ask that you, as our representative, please do everything you can to facilitate the process and not hinder it.

Mr. Foster responded:
Hi Sharon,

I want to thank you for your concerns and comments. Unfortunately, I believe you have been provided incomplete information regarding the meeting last Thursday between the GPLA, SAD, and Town Council.

There are still as yet, some unresolved issues regarding Pennell, one of which I raised at the meeting. Documents suggest that Pennell, and the one acre of land upon which it sits, is currently not encumbered by the Pennell Trust, which means that it is property of the SAD and not an asset of the Trust. If it turns out that is in fact the cas[e], it is subject to Maine's school closure statutes, and the SAD would be required to offer it to the Town of Gray.

The GPLA could still raise funds to repair and upgrade the building, and the citizens of Gray would own it to ensure it remains an historical landmark for future generations. Ownership by a private, non-profit organization would not guarantee that it remain property of the citizens of Gray for preservation for future generations.

At tomorrow's workshop, 6:00PM at Stimson Hall, we will be reporting on Thursday's meeting. Additionally, the agenda for the July 5 Council meeting will include discussion of Pennell, and what course of action to take.

Respectfully,
Gary Foster
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Mary Bosse weighed in:

Congratulations on becoming the chairman of our Gray Town Council. There has been much said about listening to "the will of the people". In view of the result of the recent GPLA referendum, albeit nonbinding, I do hope you will speedily cooperate in going forward with the plans of SAD 15 to transfer Pennell to GPLA for development of the Gray Public Library.

Mary J. Bosse
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Paul Proudian expressed his concerns:
Councilors:

Congratulations on your recent Council elections and Gary's appointment as chairman. I sincerely wish you well in the years ahead.

I recently heard the most amazing thing: at a recent meeting of Pennell stakeholders convened to discuss implementation of the property's transfer to GPLA, Councilors Foster and Upham arbitrarily decided not to seek an Attorney General's ruling on the legality of the transfer.

This inaction, if true, effectively halts the Pennell transfer process dead in its tracks. Given the overwhelming support this issue received less than two weeks ago, I find such an action astonishing. Can it be true? If so, could Councilors Foster and Upham please explain their reasons for acting in a fashion that is so clearly at odds with the unambiguous wishes of your constituents?

Thank you,
Paul Proudian
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Geoff Nelson asks Mr. Foster a few questions:

To my Town Councilors,

Could one of you please give me your reason(s) for not supporting the Pennell/ Library lease proposal. I do not understand why you would not move ahead with letting the library lease Pennell. Its good for the town, the library and the school district. I do not understand.

Geoff Nelson

Mr. Foster responds to Mr. Nelson:

Geoff,

In my initial remarks at the meeting, I stated that we have some unresolved issues that need to be dispensed with before we proceed. I did not suggest determining ownership instead of the Library. My only motive is representing the citizens of Gray to the best of my ability - so yes, I do have a motive.
In fact, I also stated at the meeting that if it turns out that the Pennell property is transferred, unencumbered by the Trust, to the Town of Gray, that the Gray Public Library Association may still raise funds to renovate the building for the Library.

The Library and the Gray Public Library Association are two different and distinct entities. The Library is a department of the Town of Gray. The GPLA is a private non-profit organization, with no legal ties to the Town of Gray. If the GPLA loses control of the Trust for any reason, we will likely lose Pennell, but not the Library. In that scenario, we would need to relocate the Library. I merely suggested that we determine the status of Pennell, which is simply presenting the documents to a Judge and having him render a decision.

For whatever reason, it appears that too many people are writing their own information between the lines. The bottom line is, the citizens of Gray wish to preserve Pennell, and to that end the best way is ownership by the Town of Gray, and we have a possible opportunity to do just that if we don't let it slip through our fingers. It is as simple as that.

Regards,
Gary Foster
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To Chair Gary Foster by Leona Crooker:

Subject: What are you thinking !

To be as polite as I can be at this time, I will simply ask you what in the devel are you trying to DO ?

You were voted in to the Council to caretake the Town and the taxpayers burden. This issue was decided on by the court, by the town and the taxpayers. Who do you think you are in taking the system apart ?
If the last sitting Council had tried something like this they would have been taken apart by the very same persons who are about to create a very big legal bill for the cogs to pay.

I realize that three out of four of you need to have 18-24 months to get your feet onto the ground and be brought up to speed, so why are you going against the town ?

I believe that at least two of you need to resign before the end of the week. And, the rest of you consult with the system so that you can at least be aware of all of the legal expense and time that has already gone into this topic already. Then, take baby steps for a while.

Leona Crooker
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Karen Cocks threatened action:

It seems as if Karl Rovian tactics have trickled their way up the interstates to Gray. I'm sorry I will be out of town on business this next week so I will be unable to lend my voice in person to those appalled by the egregious activities of this new council. However, to keep you honest, I trust my fellow Democrats and right-thinking Republican friends will hound this council in weeks and months to come in ways that will make the old TAG vigilantes look like Girl Scouts.

Karen Cocks Gray, Maine

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These next two e-mails were not sent to the Council.
This is from former chair Pam Wilkinson

July 5th Town Council Meeting? regarding Pennell? BE THERE. If ever there was a time to be present it is at the next council meeting. We have all spent time discussing the Pennell issue and now it has gone awry. We know numbers works best and it is imperative that we show up in numbers and voices at their next meeting. We need to express disappointment on how they did not decide to move forward to go to the Attorney General's office with the proposal the SAD and the GPLA at the end of last weeks meeting. Instead , after wasting volunteers time, taxpayers money for attorney's to be present there was a last minute decision to see how much money it would cost to proceed with the stay that the town presently reserved for a measure to use in case nothing could be worked out.

For some reason??? Elizabeth Prata from the Monument has a different take from that of the conversations that I have had with several people who were present at the meeting. Seems she feels that all is well with what transpired. The approach not to solidify the decision to go to the AG by the end of the meeting was OK and the decision to purse the court issue that was a decision two councilor can make on their own. If the past council had made that kind of decision without the good graces of the rest of the member's knowledge and the notification to the citizens of the Town of Gray, all would be not be OK in Mr. Rogers's neighbor. Sour grapes?. NO?. REALITY. Seems the gander is getting preferential treatment.

Council has a workshop at 6:30 this evening [last Monday] to report what happened at the meeting last week and develop an order for their next council meeting July 5th. I think it is important if you can make this meeting to see what direction they are discussing and demonstrate concern for their past actions. The important date is July 5th when they are supposed to make their decisions. You need to pass the word to those who you feel have voiced concerns about Pennell; a count of at least 50 would be powerful.

Warm regards,
Pam Wilkinson

Having received Pam's e-mail by a third party, Gary replied to Pam, below, and then Pam continued:

Hi Pam,

As always, I encourage participation in community issues, and I appreciate your involvement. I am a little disappointed, however, that you did not check the facts before communicating potentially inaccurate information.

Neither Andy nor I at any time suggested that we not proceed with requesting an opinion from the AG regarding the transfer of the Trust. In fact, I suggested that we still can proceed with soliciting the AG's opinion, but both the SAD and GPLA opted not to and chose to end the meeting instead.

Again, I appreciate your interest and ongoing participation.

Regards,
Gary

Pam answers by givien the Chair some directions:

You should have worked to solidify the parallel option you portrayed by first allowing the step to go to the AG with the SAD and GPLA. Then as the second parallel step you should have notified your peer council members and your citizens at your next public meeting that you were going to propose to release the stay and go to court, certainly not introducing it at the venue you attended. This usually takes a motion and an approval of three members before making a decision.

Guess you are speaking for all of them prior to a meeting. Maybe we don't need any more councilors if you are going to be making all the decisions.

Don Crandall of Gray is drumming up a recall motion.

Greetings Fellow Citizens:

Having attended the workshop of the newly seated Gray Town Council this evening (6/27/05) it is quite evident that the new Chairman of the council, Mr. Gary Foster, is intent of ruling with an iron hand.

Mr. Foster appears to be acting with intent to derailing the process by which Pennell can be transferred to the GPLA. What he does not realize is that we as tax paying citizens are the town, the library, and the school system. Wasting more money on attorneys to sue ourselves is madness.

Mr. Foster also introduced measures that would enact changes in the town charter regarding the budget committee. Mr. Berkowitz pointed out several problems with Mr. Foster's draft. This was not well thought out
and no clear reason was given to warrant these changes. I do not feel that changing the Town Charter should be a casual affair, rather changes should be made only to address serious problems that have arisen and need fixing. My father wisely told me "son if it isn't broken don't fix it." Right now I see nothing broken with the budget process.

Mr. Foster needs to understand that he is the servant of the people. I am not impressed with his past performance as councilor; and his current actions only serve to validate my opinion that he is unfit to govern.

The Town Charter provides for the removal of an elected official. It states:

ARTICLE X RECALL

Section 1. Applicability Any elected municipal or school official may be recalled and removed from office by the registered voters of Gray, as hereafter provided.

Section 2. Procedure for Recall Five (5) or more registered voters may begin the proceedings by a request in writing to the Town Clerk for petition blanks. Said voters shall be referred to as the recall committee. All copies of the petition shall be uniform in size and style and shall contain a statement of the reasons for recall and the names of the recall committee. Each petition shall be limited to the recall of a single individual.

The recall committee shall have thirty (30) days from the date of issuance of appropriate petition blanks to cause the petition to be signed by fifteen percent (15%) of the registered voters of the Town.

Each registered voter who signs a petition shall include place of residence, providing either the street and number or a description sufficient to identify the place. The petition shall be signed in the presence of a registered voter of the Town who shall certify to the validity of the signatures collected.
Within ten (10) days after the circulation period ends the Town Clerk shall certify to the Town Council as to whether the petition has been signed by not less than fifteen percent (15%) of the registered voters of the Town.

Should less than fifteen percent (15%) of the registered voters of the Town sign the petition, the petition shall have no further force or effect, and no new petition action for recall of the same person can be initiated until one hundred eighty (180) days from the end of the previous filing period.

Otherwise, upon receipt of certification, the Town Council shall within forty-five (45) days submit to the voters the question of recall. The form of the question to be submitted shall, as nearly as possible be:

"Shall (name of the official and official's title) be recalled?
The voters shall indicate "yes" or "no" on their ballot in a manner as instructed on the ballot.

The elected official shall be recalled when a majority of those voting thereon have voted in the affirmative. Any elected official against whom recall proceedings have been initiated may continue to hold office until recalled and shall have the privilege of seeking election to the same or any other office at any election after the date of recall. (end)


If you feel as I do that Mr. Foster is unfit to govern please respond. I am only one voice and one vote, but I know I am not alone and together we can make a difference. Gray should be a model community of progress, well managed thoughtful growth, and the best quality of life possible. I will not sit by and see it run into the ground by those who lack, vision, courage, and the ability to move forward with confidence.

Sincerely,
Don Crandall - Gray ME