MINUTES
GRAY TOWN COUNCIL MEETING
April 19, 2011
HENRY PENNELL MUNICIPAL COMPLEX –7:00 P.M.
Roll Call:
Councilors Matt Sturgis, Mark Grover, Peter Gellerson, Matt Doughty, Margaret Hutchins
Town Manager Deborah Cabana
Others present and speaking: Doug Webster, Keith Whitmore, Deborah Mancini, George Thebarge, Alan Rich, Carl Schatz, Dick Barter
Pledge of Allegiance to the Flag:
Minutes from Previous Meetings:
Approval of March 29, 2011, Town Meeting Minutes
Councilor Sturgis moved; Councilor Hutchins seconded
Ordered the Gray Town Council approves March 29, 2011 Town Meeting Minutes, as corrected.
Councilor Hutchins indicated that a resident’s name at the meeting should be Heath Emery and not Keith Emery. She also stated that on page 5 the name should be Pam Wilkinson not Gail Wilkinson. Also the same paragraph should have the word “she” and not “their.” And on page 7 – the word “it” should be removed.
Councilor Grover stated that a resident’s last name listed as Gossetti should be Tarsetti.
5 Yes
Approval of April 5, 2011, Town Council Minutes
Councilor Sturgis moved; Councilor Hutchins seconded
Ordered the Gray Town Council approves April 5, 2011 Town Council Minutes, as corrected.
Councilor Sturgis stated that on page 5, the word Councilor is spelled incorrectly.
Councilor Hutchins stated that on page 6, Forest Lake is spelled incorrectly.
5 Yes
First Order of Business:
Public Comments of Non-Agenda Items – (limit 3 minutes per person) - NONE
Second Order of Business:
Reports from the Council Chair:
Councilor Gellerson indicated that a section of Route 100 south and Depot Rd will be paved and the Town road postings will be taken down.
Reports from the Town Manager:
Town Manager Cabana stated that the spring clean-up was success. The “take it or leave it shop” at the transfer station opened about a week ago.
Committee Reports:
Councilor Grover- Library Trustees- security cameras have been installed. Additional energy savings shades and larger book drop has been installed. He stated that library staff thanked those who have done work on these projects. $2400 of the library trustees funds for new library audio visual equipment. A tentative Shakespeare production is scheduled.
Councilor Doughty stated that the Street Ordinance Review Committee work should be brought to May Council meeting.
Councilor Hutchins stated that the Solid Waste and Public Safety Committee need members. Councilor Sturgis asked about Mass Gathering status. Councilor Hutchins stated that it should be presented sometime in May or June.
Town Manager Cabana stated that they would like direction from the Council on prioritizing the ordinances that are near completion.
Councilor Gellerson stated that the CEDC will be meeting and that the Planning Board has 2 site walks on April 30th on a couple of applications. The public is welcome to attend.
Council Correspondence:
Councilor Doughty commented that he participated in the daddy/daughter dance and it was a great event.
Councilor Sturgis reminded the group about the Easter egg hunt at Pineland. It was great event. The Patriots 5k is coming up soon and is a significant fundraiser.
Town Manager Cabana stated that the spring clean-up was success. The “take it or leave it shop” at the transfer station opened about a week ago.
Third Order of Business:
Presentations: MSAD#15 – Budget Presentation
Dr. Rich gave an overview of the draft budget. There have been a number of budget workshops and
there will be another one on April 27th with approval for the final budget on May 4th followed by public
meeting, then referendum vote.
He outlined the goals: 1. Keep current successful programs in place. 2. Keep reasonable class sizes,
especially in K-2, staffing levels based on student populations. 3. Continue improvement of the High
School programs. 4. Funding for maintenance of the buildings. Currently, the buildings are in good
working order.
Federal stimulus funding and jobs bill funding have been used well over the past year.
New accounting software was purchased using some of these funds, for example. Most of the funds
were used for one time purchases.
There will be a 3.94% budget increase but the mil rate for this will go down. State subsidies have gone
down and renovation bond responsibilities have continued, but the mil rate impact has been minimized.
Any undesignated money not used is returned to the public. He stated that careful reduction of faculty
in the past has minimized abrupt changes for the upcoming year.
He outlined some of the programs that they district is proud of. A K-12 Spanish program is being
offered. A pre-K- 4 year program has been developed and an all day kindergarten implemented.
Much of the budget increases are due to fixed costs and not for adding programs. The School
Committee has compared local area labor rates as a goal for establishing salaries. Furlough days and pay
freezes in administration helped to create the budget.
Dr. Rich stated that MSAD #15’s budget is not higher than other than other communities, but rather
quite lower and provide similar services and programs at a lower late.
The past 2 years’ work in the district is helping to create a reasonable budget for the upcoming year.
MSAD #15 was named an innovation school and is the only one in Maine which will create higher
performance standards for graduation and staff training have been in process. MSAD #15 is further along to create a performance based system of education than other school systems in the state.
Councilor Sturgis thanked the school board and staff for their effort and work. He believes that they are
changing the public’s perception of the district and the public support is growing. Dr. Rich stated that
the people and their work are starting to pay off. There was a discussion on the undesignated balance
and the efforts to reduce costs and keeping the public informed about the process.
Councilor Grover supports the interactive public process in the budget. Dr. Rich stated that making the
process transparent and voting on each warrant item is voted on by both towns is also important for the
public to understand.
Councilor Doughty commented on the change of age of people moving to Gray is about 37 years old and
this will impact the student population. He stated that he appreciates the efforts they are making in
the budget in looking forward. He believes that there is a great sense of community in the programs and
activities of the district. Dr. Rich stated that there has been great effort to also create a sense of district
with the 2 towns.
Councilors Hutchins and Gellerson also thanked them for all of their efforts in their proposed budget.
Town Manager Cabana thanked Superintendent Burns for all of her work as she retires before the end of the year.
Ryan Keith, CEO – update regarding Local Food Ordinance and Medical Marijuana
Ryan Keith gave an update on the local food and self governing ordinance. He has reviewed a model
ordinance. It is written to allow farmers to sell their excess produce in raw form without a lot of
restrictions and oversight. With this, it also takes the responsibility and liability away from the Town. It
creates more availability to people but creates a “buyer beware” concept from the liability perspective.
Councilor Sturgis commented on the definition of the local goods (baked goods for example). Ryan
Keith stated that they may want to define this more specifically. He also suggested fine tuning the
definition of “consumed by the purchaser.”
Councilor Grover stated that his intent is for Ryan Keith to provide some guidance on some of the
regulation impediments. Ryan Keith stated that the issue is food safety and sanitation is most
important. He currently does inspections on facilities. These facilities carry more risk as there are a
number of food products being prepared and consumed. Local farmers with produce is less of a risk but
the consumer is purchasing at their own risk. Councilor Grover asked about jams, jellies and cheeses
etc. Ryan Keith stated that they could be included in the wording to allow for this. He would
recommend that they avoid prepared meat products etc.
Councilor Doughty supports this and agrees with fine tuning the wording to allow this to happen.
Councilor Hutchins asked about those who currently are selling produce at stands and does the Town
really need this since it’s happening. Ryan Keith stated that as more of this happening, it would be
helpful for the Town to have some general wording and the ordinance in essence doesn’t get involved in
these sales and that the Town not get drawn into a liability issue.
Councilor Grover stated the objective is to release liability of the Town and the farmers as well.
Councilor Sturgis asked if this is at the state legislative level. He supports the 6 points, however, the
local and state regulations phrasing on food consumption wording, he cannot support, as he believes that
there are good food regulations to protect people. He would like to see some wording changes to meet
some standards.
Councilor Gellerson believes this can be supported but that some of the language can be changed or
even eliminated. He believes that work can continue but doesn’t rise as a priority.
Carl Schatz, a homestead farmer on Yarmouth Rd, stated that they sell eggs and raw milk at present.
They would like to sell their cheese and poultry but need to be licensed facility which is very expensive.
They have given the Gray Food Pantry space to allow them to grow some food and will raise 4 turkeys
which they would like to give to them. They want to become more engaged with the community. He
stated that the food they currently sell and would to sell is the food they feed their family which is a way
to understand the safety aspect of this issue.
Ryan Keith gave an overview of the proposal of the medical marijuana cultivation and dispensary issue.
He presented an outline of the definitions and performance standards. He stated that in additional
research, he gathered information outlining security and loitering. He also believes that all building
codes, information and permitting need to be included. Permitting will be contingent on location.
Labeling of the products needs to be included.
Town Manager Cabana stated that Ryan Keith is present to outline progress and give information on permitted zones and there is an order to extend the moratorium.
Councilor Gellerson asked about the added locations on the maps. There was a discussion on 3 questions Ryan Keith is looking to gather information on. He presented maps on the setbacks and permitted zones. There are limited areas where they can be located that is far enough away from schools, churches, daycares and the like. There was a discussion on property lines in the residential zone. Ryan Keith stated that it’s possible that some of these large parcels could be sold and subdivided. There was a discussion on changing the cultivation setback from 1,000 feet to 250 feet. Councilor Sturgis asked about a single family home being located with the setback. Ryan Keith stated that it is based on property lines. Councilor Doughty stated that the issue of the
caregiver still being able to grow up to 60 plants and that beyond 2 caregivers in one household, the cultivation facility criteria comes into play. The group supported 250 feet.
There was a discussion on medium density districts using the maps. Ryan asked if the 250 feet criteria be included in the medium density district. The group agreed to have 250 feet in medium density districts for consistency.
There was a discussion on cultivation facility and the dispensary in the same location. Councilor Grover suggested eliminating the currently listed district wording in the proposal. He cited the Rite Aid building as an example. He suggested a conditional use for the 2 together (cultivation and dispensary). Councilor Sturgis stated that he supports keeping the cultivation and dispensary separate. The group agreed to take the district wording out, have conditions for use outlined, and keep the 2 types of facilities separate.
Councilor Sturgis asked if, at the state legislature, there is any rule making in process. Ryan Keith stated that there is likely to be some changes at some point as issues/problems arise.
Councilor Grover asked about the Item O-maximum number. He understands that 3 cultivation locations would be permitted. The group agreed and the change would be made.
George Thebarge gave an overview of the CDBG status.
Past grants were used for the Clark Block work and parking behind these buildings and work on the master planning for the Town owned properties.
He gave a status on the parking behind the Clark Block and septic systems and turning on Route 26 to the Dunkin Donuts. Dunkin Donuts has gone through some management changes and has not maintained communications with the Town on some changes. This grant money from 2009 has not been used for this project up until now.
Gray has applied for a 2011 grant for more pedestrian crossings, signalization and sidewalks in the center of Town. The grant amount awarded is only $50,000 which is significantly less than requested ($150,000). (Federal/County funding has changed dramatically.) There is a committee meeting reviewing the grants would like to have someone from the Town attend a meeting to see what they could do. This project would have a shortfall of $40,000. He stated that he suggested to the Town Manager to request to the County a portion of the 2009 grant that hasn’t been done, return the difference and use $38,000 from the Town, as budgeted, and this could make the project go forward and propose this on the county oversight committee meeting.
Councilor Grover asked about what would happen to the Range Rd as part of phase 3. George Thebarge stated that having traffic come out by the old Fire Station and the Range Rd would not be doable.
The group agreed to approach this process to see if this is possible.
Deborah Mancini agreed with the suggestion. Her concerns are with the Clark Block phase 2 failure in particular the other private businesses located there. She wants to be sure that all communication options with the Dunkin Donuts management have been exhausted.
Dick Barter of the CEDC believes this suggestion is a good one. He also suggested that the Council and CEDC develop plans to deal with out of state/town businesses to make sure that the Town is protected. He suggested something in writing.
Keith Whitmore asked for more information on the communications breakdown with Dunkin Donuts. George Thebarge stated that the phase one project (tree removal by Goody’s Pizza) went well. For phase 2, he spoke with Dunkin Donuts at the time and had something in writing from them which is why the grant was applied for. However, there was a significant change in management and his contact was no longer there and that he made repeated attempts to communicate with them to urge them to see the benefit to their business. There was also a discussion on swapping properties across the street to make it easier. Dunkin Donuts initially agreed to this idea but their national corporate office did not agree and pulled the project. He indicated that the Town made numerous attempts to continue the
conversations to make this happen, but got no replies from the corporate office.
Doug Webster gave an update on the energy audit status. Thermal imaging testing is in process. The $10,000 planning grant has been spent on the planning work. Money is being spent on the actual testing. There remains $19,000 that needs to be discussed which would be the implementation phase. Efficiency Maine is stating that it’s likely that there needs to be signed contracts for some implementation to get the funding and would need to be approved by the Council prior to the next meeting. Doug Webster stated that the energy audit isn’t completed but the most likely project to get quotes for would be insulation for the public works building. The Council agreed that Doug Webster should pursue this to get the remaining funding.
Doug Webster asked about the Council’s priority on Mass Gathering versus the Sign Ordinance. The Council agreed to have Mass Gathering be completed and presented first.
Public Hearing:
- Liquor license renewal application for Anna DiSanto, located at 322 West Gray Road.
There was no public comment.
Fourth Order of Business: ORDERS
Item #90-11 To review and act upon authorizing a liquor license renewal application for Anna DiSanto, located at 322 West Gray Road.
Councilor Doughty moved; Councilor Sturgis seconded
Ordered the Gray Town Council authorizes the liquor license renewal for Anna DiSanto, located at 322 West Gray Road.
Councilor Grover asked about the revenue number being listed as N/A on the application. He asked if that was required on the application. Doug Webster stated that the liquor license aspect is generally handled by state. Councilor Sturgis stated that about half the applicant’s include this information and the others don’t. Town Manager Cabana stated that the application belongs to the state and the Town’s responsibility is to be sure that there is a public hearing and inspections are done.
5 Yes
Item #91-11 To review and act upon approving the warrant articles for the town meeting to be held on June 14, 2011.
Councilor Sturgis moved; Councilor Doughty seconded
Ordered the Gray Town Council approves the warrant articles for the town meeting to be held on June 14, 2011, as presented.
Councilor Grover asked about Article 10’s explanatory material. He believes that it references both Articles 9 and Article 10 and therefore should be adjusted and proposed some suggestions to make it easier for the public to read. He stated that he supports what is there and expressed some concerns about the capital budget as a deficit budget as there are no funds budgeted. He believes that it is not sustainable. He also stated that he had proposed that if voters agreed to have their taxes go up, the funds should go into the capital budget. The voters should have the choice. He still supports this but wanted to articulate his perspective.
Town Manager Cabana stated that $200,000 going into reserves with an additional $175,000 going into the lease accounts for various vehicles for the Town.
5 Yes
Item #92-11 To review and act upon approving the proposed sign design for the various municipal signs for the Town of Gray
Councilor Sturgis moved; Councilor Hutchins seconded
Ordered the Gray Town Council approves the proposed sign design for the various municipal signs for the Town of Gray, as recommended by Town Staff and the CEDC.
Town Manager Cabana stated that Ed Libby and Town staff has worked on this project. There was a sample presented which will also include a reader board. There are a number of different signs but all with a consistent look. This is in the proposed budget for next year.
Councilor Gellerson stated that the CEDC supported the designs. Councilor Grover asked if these signs will fit into the budget. He stated that the message board sign will be more expensive. He is more concern with the utility of the signs as opposed to the designs and wants to be sure that the electronic signs are going to make the final cut. He also commented that the height of some of the signs may be too low.
Councilor Doughty asked if the public has been invited to give input on the design. Town Manager Cabana stated that staff had suggested a sign design committee but the Council referred it back to staff and the CEDC to work on this. Councilor Doughty believes that there should be more public input. Councilor Gellerson believes that these are among the most important things in the budget.
4 Yes/1 No (Doughty)
Item #093-11 To review and act upon making appointments to the Recreation and Conservation Committee.
Councilor Sturgis moved; Councilor Hutchins seconded
Ordered, that the Gray Town Council appoints Anne Tricomi as a regular member to the Recreation and Conservation Committee for a term to expire August, 2013.
Councilor Grover supports this application but would like to see more applicants with a conservation background.
Councilors Doughty and Sturgis welcomed Anne and her participation.
5 Yes
Fifth Order of Business: ORDINANCES:
Item #94-11 To review and act upon extending the proposed moratorium on medical marijuana dispensaries and cultivation operations.
Councilor Sturgis moved; Councilor Hutchins seconded
WHEREAS, the Town Council adopted a Medical Marijuana Dispensaries and Cultivation Moratorium Ordinance to be effective January 25, 2011, (the “Moratorium Ordinance”), because the Town’s current Code of Ordinances is not adequate to prevent serious public harm possibly to be caused by the development of medical marijuana dispensaries and cultivation facilities and other uses authorized by the changes in law as a result of the November 3, 2009 State-wide referendum vote amending and extending certain provisions of the medical marijuana law in Maine; and
WHEREAS, the Moratorium Ordinance was necessary to prevent an overburdening of public facilities that is reasonably foreseeable as the result of medical marijuana dispensaries and cultivation facilities and other uses authorized by the changes in law as a result of the State-wide November 3, 2009 referendum vote; and
WHEREAS, the those problems still exist; and
WHEREAS, the Town has been actively studying those problems since the date of the adoption of the Moratorium Ordinance and trying to design a regulatory scheme that will adequately address the same, but has not yet completed that work;
NOW, THEREFORE, be it ORDERED by the Town Council of the Town of Gray, that the Moratorium Ordinance be, and hereby is, extended on the same terms and conditions as originally enacted, for an additional term of 180 days from April 24, 2011 to October 21, 2011, unless the Town Council terminates the same sooner either by express vote or by enactment of such regulatory scheme as the Town Council determines after study adequately addresses the issues identified above.
Dated: April 19, 2011
Councilor Sturgis supports this change as not all of the work has been completed. Councilor Grover asked why it needs to be a six month extension. Councilor Sturgis and Town Manager Cabana stated that any provision for an extension require it be this length of time and there is language included that it can be shortened if the work is completed.
Doug Webster stated that the length of time for extension is in statute.
5 Yes
Sixth 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.
Seventh Order of Business:
Council Business: -
Councilor Sturgis stated that he will not be at the May 17th meeting.
Councilor Gellerson commented that the Civil War statue at Monument Square is 100 years old this
year, and asked if something can be done to celebrate this. He suggested changing the flags or possibly
adding bunting for Memorial Day. He stated that he is not sure what the American Legion is doing
around this.
He suggested a photo or something similar prior to the Memorial Day holiday weekend. Councilor
Grover suggested having someone from the Historical Society there who can speak for a few minutes.
May 17th at 6pm prior to the Council meeting was suggested.
Eighth Order of Business:
Additions to the Agenda:
Councilor Grover stated that the Council provides comment and/or feedback to the Street Ordinance Committee and that a presentation be done prior to the first hearing. Councilor Doughty stated that this has been an open process and would support this if people would like it.
Town Manager Cabana stated that often the first reading is the place to gather feedback and if there are not significant changes then it could proceed to the May meeting in order to involve discussion with the Planning Board. Otherwise, it will end up going before the next Council.
Councilor Gellerson and Councilor Sturgis support the Town Manager’s timing suggestions. Given the timeline, both Councilors Doughty and Hutchins supported keeping the timeframe as is.
Councilor Grover asked if a presentation can be inserted prior to the public hearing. Councilor Hutchins stated that George Thebarge will give an overview of the changes in his remarks. A presentation aspect will be included with the public hearing.
Town Manager Cabana asked if the Council would like a presentation on the website guidelines order to be offered at the next Council meeting. The group agreed.
She also asked about the gems of the Route 26 proclamation which includes the Gray Wildlife Park on the next agenda. Councilor Gellerson asked if the Monument Square statue be included in this. It was concluded to leave the proclamation request as is.
Ninth Order of Business: Adjournment
Councilor Sturgis moved; Councilor Doughty seconded
Motion to adjourn
5 Yes
The meeting ended at 10:13pm
Minutes approved and accepted May 3, 2011 by its Town Council:
_____________________________ ___________________________
Peter Gellerson, Council Chair Margaret Hutchins, Vice Chair
______________________________ ___________________________
Mark D. Grover Matthew Sturgis
_____________________________
Matthew Doughty
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