Present: Pam Wilkinson, Jerry Grant, Jack Goosetrey, Richard Barter and Sue Austin
Town Manager Mitch Berkowitz
Others: Dick Sweet, and John Welch
Councilor Wilkinson called the meeting to order at 7:00 p.m.
First Order of Business: Public Hearings
· Receive public comment on the American Legion s liquor license, blanket request for games of chance and bingo. Also consumption of alcoholic beverages at its premises out-of-doors from January 1, 2002 to December 31, 2002.
· Receive public comment on amending the Zoning Village Aquifer Protection District.
There were no comments from the public. Public hearing was closed.
Second Order of Business:
Approval of December 4, 2001 Town Council Minutes
It was moved by Councilor Grant and seconded by Councilor Barter to approve the minutes of December 4, 2001, as submitted.
The motion carried unanimously.
Third Order of Business:
Reports from the Council Chair
Councilor Wilkinson extended thanks on behalf of the Council to Mary Blackfeather, who painted a beautiful mural for the town that has been on display outside Stimson Hall during the holiday season.
Donna Hill was also commended for her work coordinating the Adopt a Family project. Many donations have been received and 40 families in the area have chosen to participate.
Reports from the Town Manager
The Manager had four items to report:
1. A second animal-at-large complaint was successfully enforced and approved by the court.
2. The town s web site is being redesigned with additional information to be added. A big thanks to the Website Committee!
3. Regional Solid Waste reminds residents to do what they can to recycle this Christmas. There will be a large amount of waste and they would appreciate your best recycling efforts during the holiday season.
4. State DEP has sent the town notification that they are working with Yarmouth Lumber regarding a holding tank that will include a schedule for inspection and the testing of a high level alarm.
The Manager wished everyone a happy holiday season and a safe and prosperous new year.
Committee Reports
Councilor Austin reported on her recent visit with Craig Denekas at the Pineland Campus. She commented on how wonderful the facility looks fully decorated for the holiday season. Councilor Austin said she toured the new conference center and kitchen and noted how much attention was given to detail in providing a very comfortable setting. The equestrian center is near completion and horses are already being boarded. Mr. Denekas wants everyone to know that business will go on as usual despite the recent transfer of Wilsondale Farms. Both Mike and Marilyn will continue to work and be a part of the business. Councilor Austin said she spoke with Craig about the possible job opportunities that will be created at Pineland and Craig said he would keep the public informed via the pineland website: www.pinelandfarms.org. Craig encouraged the town to continue to keep its focus on the region as a whole and offered to provide the Council with a tour of the facility whenever convenient.
Councilor Wilkinson said that the Council would like to tour the facility and would set something up after the new year.
Council Correspondence
Santa will be at Newbegin Gym on December 22, 2001 from 11:00 a.m.-3:00 p.m. with hayrides, balloons and other activities for the community.
A Christmas card was sent to the town from Jensen Baird Gardner & Henry.
Fourth Order of Business:
Committee Appointments and Resignations
None
Committee Business
The Comprehensive Plan Update Committee has been meeting with potential committee members with a meeting planned for December 26, 2001 to update them and answer questions. Anyone interested residents are urged to call the town office or any Council member.
Workshop Status
December 10th Workshop: The Council met with Brad Fogg and the Cable Committee to discuss future plans for Stimson Hall. The potential use of the former post office was also discussed as a way to meet ADA requirements. Discussed setting dates for building code (stair tread) and sign ordinance. Discussed the implementation of fees, penalties and fines. Committee policies were discussed and impact fees. The town will be meeting with New Gloucester representatives who are also working on their fee structure. Advisory Architectural Guidelines for new businesses were distributed at this workshop.
Councilor Austin reported that Matt Sturgis has resigned as New Gloucester Selectman and is moving to Gray. Mr. Sturgis was commended for his work and dedication to the residents of New Gloucester.
Council Business
Councilor Wilkinson reported she received a note from Dick Hodgkin/Exxon Station in Gray Center regarding town consideration in purchasing the property, which is for sale. The price has been reduced and the matter can be discussed at a workshop or council meeting. Councilor Barter suggested the Council study the matter, its central location and proximity to other neighboring properties. This item will be added to the Council s workshop agenda.
Mitch explained the town s policy, which offers Christmas Eve afternoon part of the normal holiday for town employees. This year Christmas Eve is a declared Federal day off and many towns are following suit. Mr. Berkowitz asked the council to consider giving town employees the entire day off for this year only. In the event of a storm, Public Works employees would receive time and a half, if they were called in. Councilor Barter said he supported the time off in light of the intensity municipalities experienced this past fall. Councilor Wilkinson also said she supported Christmas Eve as a paid holiday.
This item will be added to the agenda as Order #52.
Fifth Order of Business:
Reading of and Additions to the Agenda
Order # 52: Council review and action to provide a full day off for town employees on Christmas Eve.
Order #53: Victualer license for Libby s Tea House.
Sixth Order of Business: New Orders
Order #46:
Council review and action to accept application of the American Legion Post. 86, Inc. liquor license renewal, blanket request for games of chance and bingo. Also allowing consumption of alcoholic beverages at its premises out-of-doors from January 1, 2002 to December 31, 2002. Sponsor Town Manager.
There was no public comment.
Councilor Grant moved to accept the application of the American Legion Post 86 liquor license renewal, blanket request for games of chance and bingo allowing consumption of alcoholic beverages at its premises out-of-doors from January 1, 2002 to December 31, 2002.
Councilor Goosetrey seconded the motion.
Councilor Grant clarified that the same restrictions apply as in the previous year with the exception being; the time period covers the entire year 2002. Both the Fire Chief and CEO have no objections.
The Council s vote was unanimous, 5-0.
This order requires a majority vote after an opportunity for public comment.
Order #47: [Second Reading]
Council review and action to amend the Zoning Village Aquifer Protection District. Sponsor Town Manager.
The following wording was considered to amend the town s Zoning Village Aquifer Protection District:
“Whereas, The Town of Gray wants to preserve the integrity of the Village and downtown by restricting the possible development of those businesses that prepare food or utilize drive through windows for the purchase and sale of food or commodities other than currency, and
Whereas, This amendment is considered part of the long-term land use efforts that will be further outlined in the Town s updated Comprehensive Plan.
Now therefore be it ordained by the Town Council of Gray;
That Section 402.26.C.17 of the Village Aquifer Protection District is hereby amended by deleting number 17, in its entirety and adding the following to 202.26D.
8. Drive through facilities, except those associated with a bank.
This Ordinance amendment shall be in full force and effect from and after passage.”
Councilor Grant moved to accept the amended wording for the Village Aquifer Protection District by deleting number 17 from Section 402.26.C.17 and adding number 8 to Section 202.26.D.
Councilor Barter seconded the motion.
There was no public comment or further discussion.
The Council s vote was unanimous.
This order requires a majority vote after an opportunity for public comment
Order #48:
Council review and action to accept the following new road name: Sponsor Town Council.
· North Shore Road, Map 5, Lot 26
Councilor Austin moved and Council Barter seconded, to accept the new road name North Shore Road.
There was no discussion or public comment.
The Council s vote was unanimous.
This order requires a majority vote after an opportunity for public comment.
Order #49:
Council request for review delineation of resource protection line. Sponsor Town Manager.
Dick Sweet, Sweet Associates (environmental firm) explained his firm was retained by Mike Cobb, owner of Tee 'Em Up Driving Range on Center Road, to look at the line that denotes the RPZ and CZ on the property. DEP was contacted and met with Sweet Associates to help locate the line. Mr. Wong, (DEP) confirmed the lineated line location that is seeking Council approval.
Councilor Wilkinson said that in the past there was a redefinition of that line for Medium Density but the area has since changed. A public hearing will need to be held with abutters having received notification and a second reading will be done prior to the adoption of the proposed change. Councilor Wilkinson stated she was glad that the applicant involved the DEP in this process. Mr. Sweet explained in response to Councilor Barter, that the when the Resource Protection line was established, there was no definitive wetland mapping done at that time. A broad-brush line was made using aerial photographs. An inspection was down at the site and wetland types have been identified correctly.
Councilor Barter said it was good to have the area professionally assessed in light of the fact that the town is looking at its resources and how they might best be used. Councilor Wilkinson said that there may be other land that falls into this category and that it would be good to contact DEP about them to see if they can be used for commercial use. This information will be very important as the town embarks on the update of its comprehensive plan.
This item will be on the next Council agenda for a first reading.
This order requires a majority vote after an opportunity for public comment.
Order #50:
Council review and action to authorize a Special Town Meeting on January 19, 2002 to authorize the funding of the waterline extension to the Northbrook TIF district. Sponsor Town Council.
Councilor Wilkinson excused herself from the discussion to avoid any perceptions with regard to conflict of interest.
Councilor Barter moved to authorize a Special Town meeting on January 19, 2001 to authorize the funding of the waterline extension to the Northbrook TIF District.
Councilor Goosetrey seconded the motion.
There was no public comment or discussion.
The Council s vote was 4-0 (Wilkinson did not vote)
This order requires a majority vote after an opportunity for public comment.
Order #51:
Council review and action to authorize Town Manager to prepare and solicit Request For Proposals for Post Office re-use. Sponsor Town Council.
Mitch went over the discussion that took place at the last Council workshop regarding the use of the town s own resident architects (at no cost) in developing ideas for connecting the town office to the former post office. The Manager suggested the Council consider appropriating up to $5,000 for professional renderings and options for the two facilities, prior to the voting that will occur at the special town meeting (in June 2002), in the event that a fee will be needed for the professional renderings and ideas. Councilor Barter expressed his support of the idea that would provide much needed insight.
Councilor Barter moved to authorize the Manager to provide a rough estimate including an artist s rendition for the proposed town office and former post office, preferably at no cost if possible, or if unable to do so, will be authorized to spend up to $5,000 for a service contract from the town s contingency fund.
Councilor Grant seconded the motion.
John Welch, Mayberry Road resident inquired as to what the proposed use would be for the post office facility. Councilor Wilkinson explained that the building would be accessible for residents that require planning, code enforcement and tax assessor services with the space in the existing town office to be used for storage and perhaps a meeting room. Mr. Welch expressed his concern that traffic would be forced into the center of town causing even greater congestion. Councilor Grant said the town does not meet ADA requirements for handicapped access to the current lower floor of the town office. Traffic flow and ADA planning will be taken into consideration prior to the town meeting. Councilor Barter added that the town is trying to obtain professional expertise to look at impact, traffic and engineering and wants to
provide the town with professional answers to their questions. This information will be made available as soon as possible and prior to the election.
The Council s vote was unanimous.
This order requires a majority vote after an opportunity for public comment.
Order # 52: Council review and action to close the Town Offices on Monday, December 24, 2001 providing a full day off for Town Employees.
Councilor Grant moves to approve the closing of the Town Offices on Monday, December 24, 2001, declaring it a holiday for Town Employees.
Councilor Barter seconded the motion.
The Council s vote was unanimous.
Order #53: Council approval of a Victualer License for Libby s Tea House,
Councilor Wilkinson displayed a victualer license for Libby s Tea House that was found inside the Dry Mill s Post Office building during its recent repair work. The date of the license reads: June 18, 1934. The old post office was at one time Libby s Tea House. This license will be forwarded to the Historical Society for preservation.
No action was taken.
Seventh Order of Business: Tabled Orders
Order #32: (Tabled 12/4/01)
Council review and action to accept the Knudsen Road Public easement. Sponsor Town Manager.
Councilor Grant moved to remove the item from the table. Councilor Goosetrey seconded.
The Council s vote was unanimous.
Councilor Grant moved to accept the Knudsen Road and Abramson Road public easements.
Councilor Barter seconded the motion.
All related paperwork has been received from the Cobb s and the easement has been signed.
Mitch explained the town has a copy of the Cobb s release of the easement that is 20 feet wide and is granted with the condition that advance notice be given for any town work that takes place from Cambell Shore Road to the Cobb property.
There was no public comment.
The Council s vote was unanimous.
Councilor Wilkinson reminded private road residents that one designated person should call the town s public works department with regard to maintenance. A private contractor has been procured to provide winter maintenance, the Manager reported.
This order requires a majority vote after an opportunity for public comment.
Order #42: (Tabled 12/4/01)
Council review and action on the consultant contract for the Comprehensive Plan. Sponsor Town Manager.
Councilor Barter moved to remove the item from the table. Councilor Grant seconded. The Council s vote was unanimous.
Councilor Grant authorized the Manager to execute the contract with RKG Associates for $74,000 plus direct expenses for the Town s Comprehensive Plan update.
Councilor Barter seconded the motion.
There was no public comment.
The Council s vote was unanimous.
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.
John Welch a Mayberry Road resident addressed the Council to discuss his concerns regarding the speed bumps that were installed along Mayberry Road. He presented the Council with a signed petition from other Mayberry Road residents requesting the Council take action and order the removal of the speed bumps. Mr. Welch cited many problems, including inconvenience and safety and asked the Council take immediate action. A rather lengthy discussion ensued with varying opinions as to whether or not the speed bumps work in precluding any accidents. Mr. Welch contended the town should look to enforcement of the current speed limit rather than punishing residents that live on Mayberry Road that have to deal with driving over these structures on a daily basis. The Manager explained that he has heard from residents that the speed
bumps are an irritant to residents and has looked into the wider-type used in the Portland area, that are more gradual. Mitch said he would be inquiring of Steve LaVallee with regard to snowplowing operations and if the speed bumps will need to be removed for snow removal. Mitch noted that the temporary/removable type of speed bumps create a hazard and should not be used.
Mr. Welch stated that people speed everywhere and asked why the town did not mandate more speed bumps on other town roads, if they are such a good idea. Councilor Grant explained that Mayberry Road is an area that has recreational activities that involves pedestrians crossing a major roadway and safety is a concern. The town cannot afford to pay for law enforcement for speeders. John said that from September to May, not many people walk across the crosswalk. Councilor Wilkinson said that the speed bumps do work in making people slow down and in keeping the area safe and that the removal and installation process is not a simple one. She suggested the Council discuss the matter further and place it on their workshop agenda taking all comments under advisement. The Council set February 11, 2002 (workshop) as the date for
the discussion. Councilor Austin said that looking back, she would have reconsidered the installation of the speed bumps but felt something had to be done to make the area safer. A man riding his bike was hurt riding over one.
Mr. Welch said that safety is a non-existent issue in the winter months. Councilor Barter expressed his support of the Manager s position to review the matter further before making a decision. Councilor Barter said four items needed Council consideration before any action could be taken:
1. The Council needs to hear from Public Safety i.e. legal risks etc.
2. The Council needs to consider the concerns of residents who have expressed that excessive speeding is occurring
3. The Council should consider looking at seasonal vs. year round speed bumps
4. Such a complicated issued needs to be looked that takes into consideration the respect of the residents who live there while noting the need for the “common good” to take precedence.
Councilor Barter complimented Mr. Welch on the good points he raised and said that the Council needed to reassess and find the right solution.
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
On behalf of the Council, Councilor Wilkinson wished everyone a Merry Christmas filled with good memories and a safe and prosperous New Year.
Councilor Barter moved to adjourn. Councilor Austin seconded.
The Council s vote was unanimous.
Meeting adjourned at 8:18 p.m.
Respectfully submitted,
Janmarie A. Bourret
Recorder
Notary Public
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