GRAY TOWN COUNCIL
Meeting Minutes
November 3, 2003
6:30 p.m. Executive Session per MRSA 841.2.E to review and act on a Poverty Abatement Application… case No. 2004-1
Present: Town Council Members Pam Wilkinson, Matthew Sturgis, Richard Barter, Jack Goosetrey, and Lynn Olson
Town Manager, Mitchell Berkowitz
Others: Paul Proudian, David Tureski, Heather Giguere, Ray Clark and Rianna Welch Council Chair
First Order of Business:
Council Chair Pam Wilkinson called the meeting to order at 7:00 p.m.
Public Hearings: None
Presentation: None
Second Order of Business:
Approval of October 21, 2003 Town Council Minutes
Corrections: Page 1, bottom paragraph: “Councilor Wilkinson noted the company was asked to install a floor drain system over a year ago and have not compiled complied.”
“The company asked that they be allowed to refill refuel (this past summer) but have since backed off their request.”
Page 2: 2nd paragraph from bottom page: “Due to Ms. Smith’s medical condition, she sometimes forgets and could continue to drink the water.”
Page 4: “Next year GASBY GASB 34 needs to be implemented.”
Page 4: par. 1: “Some towns chose to have reserves in lieu of a Crisis Fund, but Gray is providing on-going reserves for items like fire trucks, so the needs are being addressed in a very fiscally prudent responsible manner.”
Page 9 par. 1: It is possible one bridge could fall under qualify for a demonstration grant.
Page 12: par 2: “Bill Files, Route 100 owner, asked to leave the properties alone and not to restrict land sales.”
Page 13: par. 1: “Unfortunately, not ever every proposal will be implemented but some changes will be made in an effort to balance residents’ needs and the Town’s future with regard to business procurement and development.”
Councilor Sturgis moved to approve the minutes of October 21, 2003, as amended.
Councilor Olson seconded the motion.
There was no further discussion or public comment.
The motion carried unanimously.
Third Order of Business:
Reports from the Council Chair
The Chair commended Dean Bennett for doing a wonderful job providing the Town’s children with a Halloween Party. There were many activities, games and fun for all those who attended.
Last Sunday, Mark Sanborn, Ray Clark, Dan and Pam Wilkinson continued to work on the Dry Mills Post Office. More help is needed this Sunday to help finish up the work on the roof. The property is located near the Wildlife Park and the work starts at 9:00 a.m.
November 14th has been set as the evening for Volunteer Recognition Night.
Reports from the Town Manager
Monthly Library News Letter:
Declared as one of their biggest newsletters, the Public Library November news letter is out. Copies are available at our library. Within the news letter are various bits of information such as new audio books, Marie’s picks of the month, their calendar of activities and Kid’s Corner notes. Included also is the notification that we will lose Lisa Nettesheim our reference librarian who has been given the opportunity to move to a full time librarian position with the State.
Project Updates:
The State Department of Transportation will be overlaying Rt. 202 from about the VFW to the Auburn line. The work will be done next construction season and as Road Commissioner I have signed off on the necessary waiver for over weighted vehicles for this project. This is the same procedure we did for the Rt. 26 north project as well. To date no Contractor’s bond has been required by the Town though every town has the right to impose one per state statute. When the roads to be used by the Contractor are known I would reassess this decision.
The schedule for the combined Sand and Salt Shed and Transfer Station improvements is as follows:
Finals Drawings to be signed off during the week of Nov. 10
A pre-bid conference will be set for late November or early December
Bid packages will be available in early December
A bid opening will be on January 14, 2004
Council action on the Contract Award will be either February 3 or 17th, 2004
The sites will be available to the contractor on April 15
The work will be completed by June 30, 2004
Reminder to Vote:
The Polls in Gray located at Newbegin Gym open at 6:00 AM and close at 8:00 PM.on November 4. There are important issues concerning the State we live in and your vote is extremely important. We encourage all voters to take the time and vote.
Respectfully Submitted,
Mitchell A. Berkowitz
Town Manager
Fourth Order of Business:
Committee Appointments and Resignations
Paul Proudian – Cable Committee
Mr. Proudian was introduced as the newest appointment to the Cable Committee. Paul said he had attended a recent Committee meeting was looking forward to serving on the Committee.
Committee Reports
Councilor Sturgis noted a letter had been sent out on the Council’s behalf inviting the members of the Board of Assessment Review to join the next Council Workshop.
Councilor Wilkinson acknowledged receipt of Matt Trudel’s letter that asked the Council look at the businesses on Route 26 to see if they have met the requirements of the ordinance. The Manager reported a site plan review would be overseen by the Planning Board.
A letter from Peter Smith, State Parks and Recreation asked that brush located at the Old Woolen Mill be cleared. The Manager was asked to inquire about the trees that are marked in that area and whether or not they are to cut or to remain standing. Mitch added that some of the marked trees may be in the Shoreland Zone and would need to meet that zone’s requirements. The Libra Corporation will be providing some picnic tables for that area. Councilor Sturgis said that he had spoken with Craig Denekas who is aware of the historical nature of the site. Mr. Denekas wanted the Council to know Pineland wants to be a good neighbor and they are sensitive to the historical background of the property.
· Southern Maine Economic Development Meeting will be held on November 12th from Noon – 1:30 p.m.
Council Business
· Addition to the agenda: Order 46: The Library Trustee’s request to use the Town’s bulk mailing permit.
· The discussions are on-going regarding the Manager’s evaluation.
· Traffic Delay: The MDOT’s sub-contactor cleaned ditches along Route 26 and did some paving in the area of Exit 11 this morning during rush hour, which backed up traffic considerably. The Manager was directed to write a letter asking all work begin after 9:00 a.m.
· On November 5th, the Town Attorney will meet with all Town Board members to provide information on new legislative changes.
· Yarmouth Lumber Status: The Manager reported the enforcement division of the Maine Depart of Environmental Protection had not moved forward regarding the consent decree. The Town was encouraged to use its local CEO to move ahead in enforcing Yarmouth Lumber to sign the necessary paperwork. Letters were sent out to the DEP enforcement bureau as well as to representatives Sue Austin and Karl Turner. The Manager has discussed the matter with the Town’s Code Enforcement Officer with regard to what basis the Town can take action and to move the matter to a favorable outcome.
· The Town’s Gravel Pit Ordinance is still under State review.
Workshop Status-
At the October 27th Workshop:
· Jack Goosetrey presented proposals on the Business Zones in the town of Gray.
· The Council reviewed back lots.
· More information was reviewed regarding the Loose Moose Saloon.
· Changes in the Subdivision Ordinance were discussed with members of the Ordinance Review Committee
· The CEDC report on Corporate Entity was discussed.
· The fund balance policy was reviewed
· Jason Wilson’s VAP proposal was discussed
Next Workshop, November 10th
· Discussions with both the Planning Board and Comprehensive Plan members
· Library Trustees – fundraising discussion
Fifth Order of Business:
Additions to the Agenda
Councilor Sturgis moved, Councilor Barter seconded, to add Order 46: Council discussion regarding the Library Trustee’s request to use the Town’s bulk mailing permit for fundraising purposes.
The motion carried unanimously.
Sixth Order of Business: ORDERS
Order #40 Review and act on the Loose Moose Saloon application for Renewal
Sponsored By: Town Manager
The Council received and reviewed additional information at the last Workshop, which was forward to the Town Attorney for an opinion. The Attorney noted there have been no convictions against the owners at this time. If a conviction did occur, it would be subject to further review at that time.
Councilor Olson asked if the part owner and employee still own or work at the Loose Moose. David Turesky, Ms. Knight’s attorney explained that Kevin Godsey has transferred ownership to Ms. Knight and is not associated with the bar. No charges have been filed against Mr. Godsey nor has he received any convictions.
Council Chair said she would entertain public comment if the information were new and not previously discussed. Mr. Turesky presented information in the form of written statements from patrons of the bar.
Heather Giguere, a Durham resident stated the Council should not take any employee’s statements into consideration because they are paid by the bar/owner. Mr. Turesky noted the applicant has complied and corrected the problems that were asked of her. The shuttle service provided is the most accommodating and there has been support not only from employees but many patrons. There have been no violations in the past three years and while the death of Mr. Welch was a tragedy, the owner was not found at fault and should be allowed to continue operating.
Rianna Welch explained the Cumberland County Sheriff’s Department told her there was no conviction issued because the State Liquor Bureau issues them and they have not made a determination yet. Ms. Welch said that many people have told her that they are unaware of the shuttle service. She questioned why the bar offers a shuttle if they do not over-serve their patrons. Ms. Welch added that one recent OUI case (03014716) showed a blood alcohol level of .11. The driver stated he should not have been driving. In many cases the shuttle is not available between 12 midnight and 1:00 a.m., and the bar’s ads give the false impression that shuttle service is available.
Ms. Giguere added the shuttle is parked in Ms. Knight’s driveway during business hours. In addition, it is illegal to serve trays of shots like those Jason Welch purchased the night of the accident. The police logs show Jason was not pulled over by the police the night of the accident and only the State Liquor Bureau can charge the bar or find them in violation (not the police department).
Council Chair Wilkinson stated enough information was presented for the Council to vote on the matter.
Councilor Sturgis moved to grant the liquor license renewal for Loose Moose Saloon.
Councilor Olson seconded the motion.
There were no additional comments.
The motion carried 5-0.
This action requires a majority vote after an opportunity for public comment
Order #41 Review and act on the transfer of funds from the Overlay account to the Administrative account for part time administrative support per Section 4.A.1. of the Town Charter. Sponsored by the Town Manager
Councilor Olson moved to approve the transfer of $5,400 from the Overlay account to the Administrative Account to support a part-time administrative assistant.
Councilor Sturgis seconded the motion.
The Manager explained he is spending up to 50% of his time on agenda related items and a part time assistant would not only help him but could be used to help at the counter to service residents when the clerks are busy or on vacation/leave.
There were no further comments.
The motion carried 4-0-1. (Barter abstained)
This action requires a majority vote after an opportunity for public comment
Order #42 Review and act on directing the Ordinance Review Committee to update the Subdivision Ordnances per State Statutes. Sponsor- Town Council
The State has new information that has to be implemented in to the Town’s Ordinances. The new regulations need to be incorporated in to the existing ordinances in order to be in compliance with the State Statutes.
Councilor Sturgis moved to direct the ORC in updating the Town’s Subdivision Ordinance per State Statute.
Councilor Olson seconded the motion.
There was no public comment.
The Chair added that this item needs to be added to the ORC agenda in a timely manner.
The motion carried 5-0.
This action requires a majority vote after an opportunity for public comment
Order #43 Review and act on accepting the Community Economic Development Committee’s recommendations, implementation elements and supporting the various approaches to achieving improved economic development. Sponsor- Town Council
Councilor Goosetrey moved to accept the CEDC’s recommendations to achieve improved economic development.
Councilor Olson seconded the motion.
Councilor Wilkinson thanked all Committee members who worked so hard on this project and acknowledged Tony George’s work on the final document. Councilor Olson said Mr. George’s resignation is unfortunate and the report will help guide the Town over time. Councilor Barter also praised the hard work and noted if the Council approves the recommendations, it will be making a true commitment to economic development. A lot of work will have to be done and the process is not a fast one. Zoning will need to be changed. Chair Wilkinson said she was aware of the fact that money will be needed to address the recommendations. She suggested this be addressed when the Council discusses this during the next budget process. Councilor Sturgis called it a “critical step” and a “roadmap.” The pros and cons are identified
and the outcomes of each option are presented. He also applauded the efforts of the Committee.
There was no further discussion or public comment.
The motion carried 5-0.
This action requires a majority vote after an opportunity for public comment
Order #44 Review and act on the appointment of Paul Proudian to the Cable Committee. Sponsor- Town Council
Councilor Olson moved to appoint Paul Proudian to the Cable Committee.
Councilor Sturgis seconded the motion.
Council Barter commented that some very talented people have come forward and there are many more talented citizens out there. Councilor Olson noted that even if someone does not have experience in a specific area, training will be provided. If someone has an interest and is willing to learn – that is all that is required. Mr. Proudian has a background as an architect, builder and computer specialist and the Committee is fortunate to have him volunteer his time.
The vote was unanimous.
This action requires a majority vote after an opportunity for public comment
Order #45 [ First Reading] Review and act on the amendment to the Administrative Code authorizing the Town Manager to approve the names of all streets, roads, lanes and ways in the Town of Gray. Sponsor- Town Council
Councilor Sturgis moved to approve the amendment to the Administrative Code that would authorize the Manager to approve the names of all streets, roads, lanes, and ways in the Town of Gray.
Councilor Barter seconded the motion.
Chair Wilkinson proposed the wording be amended to include the Director of Public Safety as well as the Manager. Councilor Barter urged caution noting senior staff do report to the Manager and the process would be a collaborative effort between the Manager and senior staff. Councilor Goosetrey added that changing or adding a road name has to be approved by E-911 prior to getting the Manager’s approval anyway.
Mitch explained that the Council has been naming streets in the same manner; only this would allow the Manager to approve the name instead of the Council. Councilor Olson said she thought the Council’s time could be better used in other areas.
There were no further comments.
The motion carried 5-0.
This action requires a majority vote after an opportunity for public comment
Order 46: Library Trustees request for assistance from the Town for bulk mailing privileges.
Ray Clark, a member of the Library Trustees requested the Council consider allowing the Library to use the Town’s bulk mailing permit. The Library is planning a fundraiser and postage is a major expense. The Manager explained the Town does not have a permit and that the Town’s bulk mailing is subcontracted. The Manager said he would look into whether Northern Data Service could do the mailing at a reasonable price.
The Manager explained the Council will have to determine a policy as to when if will lend its corporate name to other groups (in the event a permit is obtained by the Town). Councilor Olson thought it was wonderful that the Trustee’s want to raise funds on their own and said she fully supported helping out with the mailing expenses.
Mr. Clark made it clear the Trustees would reimburse the Town for the postage expenses. Mr. Clark said he hoped the Library would be able to launch the fundraiser before the holiday season started.
Councilor Barter praised the Library Trustees, staff and supporters. He expressed their “can do” attitude when faced with challenges and their innovative ideas like yard sales and fundraisers. Councilor Barter lent his full support to the request and hoped their attitude would show others how to get things done.
The Council will address this order at the next regular Council meeting.
Seventh Order of Business
Public Discussion of Non-Agenda Items.
None
Eighth Order of Business:
Everyone was reminded to vote on November 4th. Polls open at 6:00 a.m. at Newbegin.
Adjournment
The meeting adjourned at 8:17 p.m.
Respectfully submitted,
Janmarie A. Bourret
Recording Secretary
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