GRAY TOWN COUNCIL
Meeting Minutes
March 19, 2002
Present: Pam Wilkinson, Jerry Grant, Jack Goosetrey, and Sue Austin
Town Manager Mitch Berkowitz
Excused: Richard Barter
Others: Terry Wilkinson, Elizabeth Salvetti, Phil and Jean Pulsifer
Chair Wilkinson called the meeting to order at 7:00 p.m.
First Order of Business: Public Hearings/Presentation
· Receive public comment on Amendment to the Fee Schedule
Terry Wilkinson inquired about the code related fee for certificates of occupancy. Mr. Berkowitz explained that in cases of duplexes, the applicant would only pay for that portion of the duplex that is complete. (i.e. one side - $50, both sides- $100). Mitch also addressed Mr. Wilkinson s question about the $50 dollar driveway permit. In several subdivision requests for driveway permits, the CEO had to go back on several occasions due to developers changes. The driveway permit fee will help to cover the costs associated with administrative and repeat inspection calls. Terry asked about the gravel pit section reference to amendments to text and map, which notes a range of 0-$150.dollars. Mr. Berkowitz said that it was his understanding that in some cases, after permits are issued for gravel pits (5
year permits), maps are brought in to be updated involving further administrative time and cost. He also noted that the town departments documented how much time is allocated for each item at the current rates of pay to make the most accurate determination for the fees.
There were no other public comments. Public hearing was closed.
Second Order of Business:
Approval of March 5, 2002 Town Council Minutes
Councilor Grant moved to accept the minutes of March 5, 2002.
Councilor Goosetrey seconded the motion.
One correction was noted on page three of the March 5, 2002 meeting minutes:
“Mr. Sheff will be appointed interviewed at the next Council Workshop.”
Councilor Grant moved to accept the minutes as amended.
Councilor Austin seconded.
The Councils vote was unanimous on both the main and amended motions.
Third Order of Business:
Reports from the Council Chair
Councilor Wilkinson noted the Council would be meeting on March 25, 2002 to spend more time working on the budget. She wanted the public to know the Council is working very hard to complete this work.
Reports from the Town Manager
§ Pay Plan Committee Report and Recommendations Mitch distributed copies of the Pay Plan Report. The Committee will meet with the Council to answer any questions they might have.
§ Proposal from the Town of Windham and the Lakes Region Economic Development Council Copies of Windham/LREDC s information have been sent to the Community Economic Development Council for their comments. Windham is moving forward on plans for commercial and light industrial development and a regional business park concept, which was presented in a feasibility analysis study.
§ Maine State Library Annual Grant of $200 for books This year the town received $200 dollars, which will be put toward the library s budget for the new purchases.
§ St. Joseph s Proposal for Community Health Promotion The town has been asked to participate (at no obligation) in establishing a long-term relationship, with a St. Joseph s nursing student, for community health promotion. The Council will discuss this at their April 6, 2002 workshop.
§ Good Shepherd United Methodist Church Ground Breaking on Sunday April 14, 2002 at 1:00 p.m. at their site on Route 202. Council members were asked to attend the groundbreaking ceremony. Mr. Berkowitz will be out of town and unable to attend.
§ Child Abuse Prevention Month-April-Requesting Council Approval on April 2, 2002. This item will be on the April 2, 2002 Council agenda.
§ Public Works Department Truck Repaired Repairs are complete to manufacturers specifications. The insurance provider will cover alignment and bodywork charges.
§ T-2000 Sidewalk Project This project is scheduled to be advertised on March 31, 2002. Construction of the new waterline will commence this summer with the sidewalk construction portion taking place in September/October 2002. A pre-construction conference will be held and businesses and residents are invited to attend and share their comments with the contractor.
Committee Reports
Elizabeth Salvetti, Chair of the Gray Celebration Day Committee provided new information on the summer celebration planning:
Festival will take place August 2-4, 2002, beginning at 6p.m. on August 2, 2002.
Senator Collin, Rep. Tom Allen, and Governor King have been invited to attend.
A parade, fireworks display, dedication at the Monument (with music by McCarthy s Band) and hot air balloon rides are planned.
On Saturday, acoustic music, chicken barbeque and community yard sale. Slim Andrews Band will entertain and Barium (melodic metal band) will also perform. Line dancing and an acoustic coffeehouse, antique road show, art car display (Dave Major/Discovery Channel) fire and rescue demonstration, cheerleading and performances from the Fiddlehead Center for the Arts students. Humble Farmer, from Maine Public Radio, will be the master of ceremonies. A link to the Celebration Day has been added to the town s web page. Go to www.graymaine.org for more information. The
committee is in need of a parade coordinator to work with public safety, state police and county sheriff s departments. Sponsors are needed for the balloon rides. The festival s theme is “ The Spirit of America.” All donations are welcome! If vendors are interested in selling items at the festival they are encouraged to contact Ms. Salvetti at P O Box 1541, Gray, Maine 04039 or by email: graycelebrationday@yahoo.com
Councilor Wilkinson suggested that promotional materials be issued to the town s summer residents about this summer s festival.
§ A Joint Leaders meeting was held with SAD #15 representatives with Cliff Foster in attendance. The meeting focused on several issues, which included the budget and Russell School improvements. The concept of combining services was also discussed as a way to help offset the increasing insurance rates that have had a big impact on the school budget. A website link to the SAD, from the Town s website was also discussed. The school budget presentation will be held on April 1, 2, and 3.
§ Comprehensive Plan Update Committee Meeting: March 20, 2002 at 6:30 p.m.
§ Zoning Board of Appeals Meeting: March 21, 2002 at 7:00 p.m.
§ Council Workshop: March 25, 2002
§ Public Safety & RTAC: March 26, 2002
§ Regional Meeting with New Gloucester: March 21, 2002 at 6:30 p.m.
Council Correspondence
Councilor Wilkinson reported she received a letter from Bernard and Linda Voist asking the town to address traffic on Weymouth Road to the Hatchery Road. Mr. and Mrs. Voist s letter explained that the state asked that they contact the town of Gray with their concerns. Mr. Berkowitz said he would call the Voist s to inform that it may take up to a year before the state comes back with a determination as was the case recently with traffic speed on Route 115. Mitch said he would notify the State Police and Cumberland County Sheriff s office to inform them.
Councilor Austin reported on the recent news contained in the Pineland Newsletter. Two additional local businesses, Bruns Brothers and RAS Commercial Services have begun working at the project located on Route 231. An ATM has opened at the campus and the new Longley Center lunch she attended was excellent. Councilor Austin added that the new riding center is beautiful, both inside and out. Hands on learning will be available to the public. Councilor Wilkinson said she had enjoyed a breakfast at the commons and encouraged everyone to check it out.
Fourth Order of Business:
Committee Appointments and Resignations
v Appointment of Barry Sheff as a full time member of the Planning Board
Mr. Sheff attended the Council workshop meeting and is very happy to serve the town on the Planning Board. Mr. Sheff s background and experience will be a great addition to the Planning Board.
Councilor Grant moved to appoint Barry Sheff as a full time member of the Planning Board.
Councilor Goosetrey seconded the motion.
There was no further discussion or public comment.
The Council s vote was unanimous.
Committee Business
None
Workshop Status
At the last Council Workshop:
§ Council members met with Barry Sheff and Phil Pulsifer (Rite Aid drainage issue)
§ Michael Wood s video presentation on the proposed master plan for Russell and Memorial Schools. Local cable channel 2 will air this video for the publics information.
Council Business
None
Fifth Order of Business:
Reading of and Additions to the Agenda
Sixth Order of Business: New Orders
Order #72: {Second Reading}
Council review and action to accept the amendment to the Fee Schedule. Sponsored by Town Manager.
Councilor Grant moved to accept the amendment to the Fee Schedule for a Second Reading.
Councilor Goosetrey seconded the motion.
Councilor Austin asked if legal fees were factored in to the fee structure or if the fees were primarily for administrative costs. Mitch explained that some consideration was given to legal costs but they were not a major component in determining the fees, which are a reflection of the staff s time overall.
Councilor Austin questioned the hazardous materials control fees and asked for further clarification. Councilor Austin moved to TABLE. Mitch explained that Chief Barton is required to go to various locations and depending upon the nature of the materials/spills and the type of containment needed- the costs are determined. Councilor Grant said that the amounts were based on the number of times the fire department would need to impose the permit as well as the amount of time the department needs for response. As for an explanation of the different classifications- the Fire Chief would have to be asked.
Councilor Wilkinson stated that she felt enough work had been done on the mater and that the fees reflected in-house time spent for haz-mat response and included a broad view comparing Gray to its surrounding towns. Councilor Austin also stated that further clarification was need on page 2, under Amendments to text and map, which Mr. Wilkinson had questioned earlier in the meeting. Councilor Grant seconded the motion to TABLE, until the Council s April 2, 2002 meeting so that more information and clarification can be provided on the text and map section.
The Council s vote was unanimous.
Order #72 was TABLED.
This order requires a majority vote after an opportunity for public comment.
Order #73:
Council review and action of the recommended Transportation Projects for State List (BTIP). Sponsored by the Town Manager.
The Manager reported that the state has asked the town for list of its biannual appropriation projects for the years 2004 and 2005. The projects they are asking for are those that the town feels are the most important so that these projects can be taken into consideration during the state s planning process.
The projects listed were noted:
§ Dry Mills at Route 26
§ Mayall Road at Route 100
§ Cambell Shore at Route 202
§ Bike Path connectivity at Routes 26; 202; and115 from Gray to outlining towns
§ Link Road from Mayall Road to Depot Road to Route 100 (as per the CEDC s recommendation)
§ Mayall Road Bridge
§ Corridor reconstruction along Route 100 and additional sidewalks in both directions to the southern part of Route 100
§ Frost Road to Center Road to Route 202
Mitch explained that the deadline for the prioritized list has been extended to March 31, 2002. Councilor Grant noted that the state is working with the Dry Mills intersection, which has been put to the top of their list due to the bypass and the other work on Route 26 that the DOT will be undertaking. Councilor Grant said that the Dry Mills intersection should be number 1 on the list, with bike path connectivity number 2. Councilor Grant suggested the Frost Road link road be put ahead of the Mayall Road project because the bypass a southerly connector might be possible. Mitch said he would ask the state if they would conduct a traffic study to determine feasibility with regard the Mayall Road/Depot Road at Route 115 and a possible linkage to Route 100 beyond the meadows area.
Councilor Grant moved to accept the BTIP alternatives as prioritized.
1. Dry Mills Intersection
2. Bike Connectivity
3. Frost Road to Route 202
4. Link Road Mayall Road/Depot Road/115 to Route 100
5. All prior projects including the Mayall Road Bridge
Councilor Goosetrey seconded.
The Council members agreed that the Manager should send in the list of priorities as soon as possible and not wait for another Council Workshop. Councilor Wilkinson said that the Dry Mills intersection at Route 26 was noted as an area of concern during the late Comprehensive Plan, 10 years ago. The Manager explained that the state might see improvements at Dry Mills as a good investment if it can improve travel though the center of town, which has a failing (level F) traffic rating.
There was no further discussion or public comment.
The Council s vote was unanimous, 4-0.
This order requires a majority vote after an opportunity for public comment.
Order #74:
Council review and action on the request by Mr. & Mrs. Philip Pulsifer. Sponsored by Town Manager.
Councilor Goosetrey asked to be recused because he was a member of the Planning Board and the previous Council, during the Rite Aid site plan/application process.
Councilor Wilkinson stated that the Council had previously decided that the Pulsifer s take the drainage issue up with Rite Aid representatives but would entertain a discussion based on the new information that the Pulsifer s received from the Department of Transportation. Information packets were distributed previously to the Council members including a letter from the DOT dated June 25, 2001. Councilor Austin said she received a call from Mr. Pulsifer concerning some information that was missing from her packet of materials. Councilor Grant said that he was not at the Workshop but did get the materials and reviewed them. Councilor Grant said the new information showed there were two engineering conflicts both with differing opinions. It was his opinion that the Council should not come between these two
differing engineering firms. Councilor Wilkinson said that the town did make the drainage comply with the Planning Board s standards. Councilor Austin said that the in-state engineers did not adhere to acceptable standards. Councilor Grant replied that at the time, the Planning Board accepted those standards. The question was raised if there were any tax medications made due to the wetlands on the Pulsifer s property. Mitch said that he thought there had been some adjustment to the property s assessed value, but he would have to confirm that.
Councilor Grant moved that the Rite Aid drainage issue is not the Council s responsibility but is a civil matter.
Councilor Austin seconded.
Mrs. Pulsifer asked if the town knew if Rite Aid was operating on a conditional permit. The Manager said he did not know. Mrs. Pulsifer stated that there were no actual studies done no wetland area or location of bodies of water written down on paper. The Planning Board reviewed the site plan application and found the criteria in order. Mrs. Pulsifer said that the company did not build the right building and only changed the façade after flooding was occurring on her property. Rite Aid never contained the water. She felt the town should have checked to see that the company was in compliance.
Councilor Grant moved to amend the motion. The new information provided by the Pulsifer s from the state puts the decision back to the town and that nothing has changed the Planning Board s decision made at that time. The request should be directed to other parties.
Councilor Austin seconded the motion.
Mrs. Pulsifer said the town was not in compliance with the zoning ordinance by allowing flooding to occur on her property. Councilor Wilkinson said that the Council had to uphold the Planning Board s decision because information was not revealed until afterward. Councilor Wilkinson suggested Mrs. Pulsifer speak to the Manager about helping them remove some of the water so that it is not saturating their field. Mrs. Pulsifer asked if the town could help ditch the water away from her property.
Councilor Austin asked if the company was still operating on a conditional use permit. The Manager said he assumed a full certificate of occupancy was issued once the façade was changed. Mitch said he would look into this and get back in touch with the Pulsifers and would have the Public Works department look at the current Center Road ditch and pipe. If the standing water is at the same elevation, when the water is redirected, the same problem could occur and affect another neighbor. Mrs. Pulsifer said the ditch has not been worked on for years and the water could be rerouted off of her field. She said the former Manager did not go far enough when the issue surfaced.
The Council s vote was unanimous, 4-0.
This order requires a majority vote after an opportunity for public comment.
Seventh Order of Business: Tabled Orders
None
This order requires a majority vote after an opportunity for public comment.
Eighth Order of Business: Standing Orders
Order #1:
Public Discussion of Non-Agenda Items.
It was brought to the attention of the Council by Mrs. Pulsifer that the microphones were not working, making it difficult for her to hear the Council s response.
Brad Fogg noted that the sound was working throughout the cable taping of the meeting, so people at home could hear what transpired.
Order #2:
Council approval of Pole Permits to Central Maine Power and Pine Tree Telephone Company.
None
This order requires a majority vote after an opportunity for public comment.
Ninth Order of Business: Adjournment
Everyone was wished a Happy Easter and a reminder was issued that on March 30, 2002 the Easter Bunny would be making an appearance at the high school.
Councilor Grant moved to adjourn.
Councilor Austin seconded the motion.
There was no further discussion.
The Council s vote was 4-0.
Meeting adjourned at 8:28 p.m.
Respectfully submitted,
Janmarie A. Bourret
Recorder
Notary Public
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