MINUTES
GRAY TOWN COUNCIL MEETING
November 16, 2010
HENRY PENNELL MUNICIPAL COMPLEX –7:00 P.M.
Councilors Matt Sturgis, Mark Grover, Peter Gellerson, Matt Doughty, Margaret Hutchins
Town Manager Deborah Cabana
Others present and speaking: George Thebarge, Doug Webster, Melinda Poore, Brian Meehan
Roll Call:
Pledge of Allegiance to the Flag:
Minutes from Previous Meetings:
Approval of November 9, 2010, Town Council Minutes
Councilor Sturgis moved; Councilor Hutchins seconded
Ordered the Gray Town Council approves November 9, 2010 Town Council Minutes, as presented.
5 Yes
First Order of Business:
Public Comments of Non-Agenda Items – (limit 3 minutes per person)
No Public Comment
Second Order of Business:
Reports from the Council Chair:
Councilor Gellerson stated that he wishes everyone in Town a wonderful Thanksgiving.
Reports from the Town Manager:
Town Manager Cabana reminded everyone that the rabies clinic and dog licensing will be this Saturday. Licensing must be done by Dec. 31st. Nathan Tsukroff Photography will again be offering photo sessions with their pets. She reminded everyone that rabies has been found in Gray and North Windham and is a serious issue and urges everyone to vaccinate their pets.
She commented on the Gray Monument Square workshop.
Committee Reports:
Councilor Hutchins stated that Solid Waste Committee met to finalize the Solid Waste Ordinance.
Councilor Grover stated that the Dry Mills School House Committee met, but will not be meeting next month. The Library Trustees is meeting tonight and reminded people about the library renovation and that they need volunteers to help move furniture, books and the like the Saturday after Thanksgiving. He also commented on the public hearing on the Cumberland County Budget which will be held in Raymond.
Councilor Gellerson stated that he attended the Monument Square workshop and thought it went very well.
Council Correspondence: NONE
Third Order of Business:
Public Hearing: Proposed 10 year franchise agreement between the Town of Gray and Time Warner NY Cable LLC.
Fourth Order of Business: ORDERS
Item #054-10 To review and act upon approving the Proposed 10 year franchise agreement between the Town of Gray and Time Warner NY Cable LLC.
Councilor Sturgis moved; Councilor Hutchins seconded
Ordered the Gray Town Council approves the Proposed 10 year franchise agreement between the Town of Gray and Time Warner NY Cable LLC, as presented.
Councilor Hutchins asked about past agreements and the term length. Town Manager Cabana stated that past ones were 10 years and that the Town has received about $29,000 of equipment for Pennell and costs will be absorbed by cable customers. The final draft is a cooperative effort with Time Warner, the Town, and legal counsel.
Councilor Grover asked how the list of equipment was put together. Town Manager Cabana stated that the list was put together by Brian Meehan that would be in line with Time Warner’s needs. Councilor Grover also asked if the new meeting space in the renovated library could get some wiring to accommodate transmission.
Doug Webster stated that the parameters with the Time Warner Cable agreement have a limited number of connections. The Library had been connected at one time but not completely used. Pennell’s potential use as an emergency command center warranted the connection with it and Public Safety. Without incurring additional costs this connection seemed be the best. Town Manager Cabana said that the librarian said that they would not need this at this time, as well as, the restrictions on recording or having children on video.
Melinda Poore of Time Warner Cable stated that the fiber optic connection for video is not in the Public Safety Building but there may be other connections (cable and the like). Fiber optic cables are very expensive and there is nothing to say that something taped at the library can be shown on Gray Cable. She stated that some of the franchise fees in the future could be set aside by the Town for these connections at the Library. She stated that there may still be connections at the Library and can find out.
Currently, connections are at Pennell, the high school, middle School and there will be connections at Public Safety. Melinda Poore will verify what is at the Library.
Councilor Grover suggests postponing this item until further information on the Library is gathered. Councilor Hutchins disagreed and suggested approving this item as the librarian indicated that they did not need the connections.
Councilor Sturgis thanked Time Warner for their work on the agreement.
Brian Meehan stated that he has not tested the lines at the Library. It is not fiber optic but a coaxl cable. Councilor Sturgis stated that some type of live broadcast program would probably be done at the schools, which are larger venues.
Brian Meehan stated that filming at the Library has never really taken off. Town Manager Cabana stated that the overall franchise fees go into the budget to fund the Gray Cable. She asked if Time Warner would consider the connection to the library. Melinda Poore stated that about 50% of the residents have Time Warner Cable. The pass through fee will be about .10 per customer and that this $29,000 agreement is reasonable and meets the Town’s needs.
Councilor Gellerson asked if the liability insurance is the same. Town Manager Cabana stated that it is the same.
4 Yes/ 1 No (Grover)
Item #055-11 To review and act upon making appointments to the various boards and committees.
Councilor Hutchins moved; Councilor Grover seconded
Ordered the Gray Town Council appoints Shawn Hadlock as a regular member to the Public Safety Committee for a term to expire August, 2013.
Councilor Grover supports Shawn Hadlock but also questions the qualifications statement as to who can be on the committee. He suggests revisiting these qualifications.
Councilor Sturgis stated that there is some wording that could be reworded.
Councilor Doughty thanked Councilor Grover for his level of dedication in his work on such issues.
Councilor Hutchins wanted clarification as to whether or not Shawn was applying as an individual but under the auspices of EMS/Fire as EMS/Fire participants do not vote at the committee meetings. Councilor Grover stated that, as outlined, there are no limitations on who can vote.
5 Yes
Councilor Sturgis requested that Item #043-11 be reconsidered with suggested changes based on discussions at the November 9, 2010 Town Council Meeting.
Councilor Sturgis moved; Councilor Grover seconded
Ordered that the Gray Town Council reconsider Item #043-11.
5 Yes
Councilor Sturgis moved; Councilor Grover
Ordered that the Gray Town Council amend Item #043-11 as follows: Section 5 a. - Wilkies Beach. That “from Memorial Day to Labor Day” be amended to read: “during the months from May 1 to September 30, inclusive from 5:30 am to 8:30 pm.” And that “30 minutes after sunrise until 30 minutes after sunset” read as: “All other months shall be open to the public from one half hour after sunrise to one half hour before sunset”
Section 7, 2 b. -Permit Required. That the word “ordinances” be changed to “policy.”
Section 7, 2 f. -Permit applications. That the word “ordinances” be changed to “policy.”
Section 11, b. –Dogs. That the word “ordinance” be changed to “policy.”
Section 28- Enforcement and penalty. That the paragraph be revised to read as follows:
“The policy may be enforced by the Director or his designee or by any duly authorized law enforcement officer. Any person found in violation of this Ordinance Policy shall be subject to a penalty as provided in 30-A MRSA Sec. 4452. In addition to such penalties, the Director may issues a written order to any person violating this policy prohibiting that person from using public facilities in the Town for a period of not more than one (1) year.”
5 Yes
Fifth Order of Business: ORDINANCES:
Item #056-11 (First Reading) To review and act upon proposed amendments to Chapter 401, Section 401.10.1 of the Gray Subdivision Ordinance related to inspection fees and Sections 401.13.15 & 16, for changes to the standards for streets in subdivisions.
Councilor Doughty moved; Councilor Hutchins seconded
Ordered the Gray Town Council forwards the proposed amendments of Chapter 401, Section 401.10.1 of the Gray Subdivision Ordinance related to inspection fees and Sections 401.13.15 & 16, for changes to the standards for streets in subdivisions to the Planning Board for a public hearing and further orders that the Planning Board reports back to the Council.
George Thebarge gave a PowerPoint presentation on Chapter 401 subdivision Ordinance Street
Standards and gave an overview of the topics and issues.
He stated that Wayne Wood and David Knudsen’s work in helping to write the ordinance, as well as,
Steve Lavalle and Councilor Doughty have been very helpful to the process.
He commented on 3 areas researched in this process.
1. State Planning Office model regulations- this outlines standards being done throughout the state and getting the Town’s ordinances in line with the state’s standards bring consistency.
2. Reviews by Gorrill Palmer.
3. Use of the Town’s existing Street Construction Ordinance as there are a number of good items in it.
He commented on the following proposed changes which addresses the following:
1. Moves the standards of street ordinances related to subdivisions back into the subdivision ordinance.
2. Updates to current state standards.
3. Ties the designs of the streets to the Town’s Comprehensive Plan.
(keeps urban planning and rural standards for roads in mind)
The Street Construction Ordinance Review Committee recommends review and modification of the policy on the Town on accepting streets. They suggested limiting acceptance of streets in more rural areas. As a trade off for these potential future subdivisions, they recommend design modifications on more cost effective roads there. This will offset costs to the future builders in that area. He also commented on the policy on plowing private roads and the easement issue. There will be reliability for future plowing of the roads. It moves the policy into the Street Ordinance as well, and is clearly outlined. The group got input from all parties and they support these suggested changes.
There is also administrative change from the Town Engineer (not a Town employee, but a contracted position) back to the Planning Board. The Town Engineer would have an advisory position to the Planning Board.
Councilor Hutchins likes the work that has been done on these suggested changes. Councilor Doughty reiterated that the level of effort on this has been tremendous. The committee reviewed the details extensively and has produced an excellent proposal for change.
Councilor Grover thanked them for their efforts and asked what the vote outcome was. Councilor Doughty stated that the votes were unanimous as they progressed through the process.
George Thebarge stated that the agenda Item #057-11 are related to his current comments.
Councilor Grover asked about wording “if any” (page 16 of the proposed changes.)
George Thebarge provided clarification on legal authority on who would give easements.
Councilor Grover asked if the item on page 7 tries to categorize all the roads in the Town. George Thebarge stated that it does not exactly and provided an explanation to this section indicating that types of roads, such as arterial roads, for example, are not ones that developers would do here therefore are not included.
There was a discussion on using the number of units versus traffic counts as well as commercial driveways.
Councilor Sturgis asked about permits on collector roads and arterial roads. George stated that they would have to work with the State and not the Town as they are state roads. Councilor Sturgis asked about the acceptance of future roads. George stated that the Town has the discretion on acceptance and the ordinance encourages compact growth of these subdivisions. There was a discussion on the break point on the development of bigger, better roads. George Thebarge pointed out a chart in the proposed ordinance outlining the guidelines and gave an overview.
Councilor Gellerson asked about the gravel depth and was surprised at the lower amount for sub-collectors. Councilor Doughty stated that the change was made in the event a road was developed and then a spur added to it, it would not have to be completely dug out to accommodate the addition. He stated that the group believed that it is sufficient for rural streets. Councilor Gellerson stated that the Planning Board in the past would have wanted to have the authority on streets and is glad that this is being proposed.
5 Yes
Item #057-11 (First Reading) To review and act upon proposed amendments to Chapter 400, Parts 2 and 3 of the Gray Street Construction Ordinance for changes to the requirements for public streets and subdivision streets.
Councilor Doughty moved; Councilor Hutchins seconded
Ordered the Gray Town Council forwards the proposed amendments of Chapter 400, Parts 2 and 3 of the Gray Street Construction Ordinance for changes to the requirements for public streets and subdivision streets to the Planning Board for a public hearing and further orders that the Planning Board reports back to the Council.
5 Yes
Sixth Order of Business:
Council Business: -
Councilor Gellerson reminded people about nominating people or organization for the Town’s awards
and that they should be submitted by Dec. 1st. Discussions would take place in Executive Session and the outcomes stated in public at the December meeting.
Seventh Order of Business:
Additions to the Agenda:
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. (CEDC to amend and not rewrite)
- Establish a Gray Hall of Fame award and a process to identify initial, historical recipients.
Begin organizing a Comprehensive Planning Committee.
Ninth Order of Business: Adjournment
Councilor Sturgis moved; Councilor Hutchins seconded
Motion to adjourn
5 Yes
The meeting ended at 8:45pm
Minutes approved and accepted December 7, 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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