Gray Town Council
Meeting Minutes
April 5, 2005
First Order of Business
Present: Town Councilors Pam Wilkinson, Lynn Olson, Richard Hall, Gary Foster and Lynn Olson
Town Manager Mitchell Berkowitz
Others Present and Speaking: Vicky Burns, Jeff Ryan, David Payne,
Don Crandell, Fran Monroe, Dick Wood, Wade Trudel, Terry Wilkinson, Jean Bibber,
Don Hutchings, Michael Mains, Andy Upham, Ralph Wink, Ken Finnegan, Carl Holmquist
and Pat Watson
Chair Wilkinson called the meeting to order at 7:00 p.m.
Presentation: The M.S.A.D will present their proposed FY 2006 budget
Superintendent Vicky Burns thanked the Council for supporting the traffic constable position at Libby Hill Road. Ms. Burns explained the budget was evolving and information obtained from workshops and Budget Advisory Committee recommendations were still under consideration.
Budget Presentation Highlights
· MSAD #15 student population: 2,085
· Staff population: 328
· Maintenance: 5 buildings, 100+ acres of land
Members of the Budget Advisory Committee:
· Gray: Andy Upham. Will Burrow, Mark Austin
· New Gloucester: Stephanie Rogers, Deanne Thompson
The draft budget was presented at a public workshop held on March 5th
· Gray spends less than surrounding towns and the state
· Positions have been eliminated due to declining enrollment
· No K-8 resources to help fund new programs
· Lower enrollment for grades K-8
· Significant student population increase at the High School
· Two unsettled labor contracts
· Health insurance budgeted at 15% with the actual number unknown
· State and Federal mandated programs require additional funds: i.e gifted and talented, special education, English as a second language and 504 interpreter services.
Past successes:
· Class size has remained appropriate over the past years
· Reading and math have been implemented in lower grades
· Curriculum updated in k-8
· Grants have been used to provide after school support in grades 3-12
· K-12 staff created a local assessment system through the use of local federal funds
· Food service is operations are self-sufficient
· Facilities upgrade and renovation committee has been formed
· Capital reserve account has been funded.
· No new programs are included in the present budget
· 3.95% of the 4.75% increase is due to fixed costs
· 8% is not fixed but is needed to meet Federal/State programming or transportation needs
New Positions under consideration:
· All day Kindergarten
· High school assistant principal
· High school secretarial time increase
· High School literacy teacher
· Middle School/High School substance abuse counselor
· Increased nurse ed tech time
· Middle School foreign language teacher
Eliminated Positions under consideration:
· Grade 1 teacher
· K-2 tech ed
· One health/physical ed teach
· Grade 6 teacher
Current State Subsidy estimate: $8,414,172 (an increase of 1.5 million dollars
· Total budget request: $17,895,695
· Local share: decrease of $545,479
· Mil rate 8.72(down from 9.78)
The final School Board vote will be held on May 4th.
The next two meetings will be held on April 6th and April 27th. Citizens are encouraged to attend.
Second Order of Business:
Approval of March 15, 2005 Town Council Minutes
Councilor Sturgis moved to approve the minutes of March 15th.
Councilor Hall seconded.
There were no public comments or corrections.
The vote was 5-0.
Third Order of Business:
Reports from the Council Chair
Members visiting from Boy Scout Troop 86 were welcomed to the Council meeting. The Troop is working toward earning their citizen badges.
Reports from the Town Manager:
Fire Department goes through ISO Rating Review:
Periodically, the Insurance Services Office will review the public protection classifications of a community’s fire and water departments to establish a rating that ultimately affects property insurance both commercial and residential. On March 14 of this year, we received the results of the review that was favorable to the Town of Gray.
As a result of improved equipment, policies, personnel and water supplies, the ISO provided the Town of Gray with a Class 4/8B rating which is up from the Class 6/9 rating prior. This will take effect on July 1, 2005.
I would like to thank Chief Barton and all of the personnel at our Public Safety operations. We also thank our tax payers who continue to support these core services and equipment that ultimately become the basis for such a review and benefit each property tax payer as well. The full report will be available through the Public Safety Department.
Cumberland County Sheriff Testifies on Bill:
We received a written copy of Sheriff Dion’s testimony regarding a bill that dealt with the calculation of annual county tax assessments. Though the Sheriff never took a side, he took the opportunity to note that rural patrol costs were an inherent part of the county tax for municipalities to pay. If the amendment were approved allowing for the re-allocation of those costs to only those communities that did not have their own law enforcement services it would likely be close to a 100% increase in their county tax bill. He further indicated that such a move would force the discussion of charging for the county jails based upon the community’s direct use. In this scenario, Gray would have
-0- costs since we had no one from Gray incarcerated at the time.
Vendor Discount Agreement:
The Town of Gray recently received a Vendor discount of 10% plus free shipping for any items purchased through Grainger Industrial Supply. As part of their nation wide vendor agreement with public agencies, Gray will have these same benefits as does Los Angeles County. We will still pursue our standard procurement procedures before making any final decisions.
Response to the Bureau of Labor:
The first part of the Town’s response to the inspections by the Bureau were sent out in advance of the April 4 deadline. The last part will be sent prior to June 1 after which we will meet with the Bureau to discuss a reduction in our fines and penalties. The original inspections took place in February and through the collective efforts of all department and division heads, the Town had swiftly moved to correct each issue.
Time Warner Cable Annual Franchise Fee:
The Town of Gray has received the Company’s annual statement of subscriber revenues and made the annual payment at the 4% franchise fee of $55,899.26. According to their letter, they had total receipts of $1,397,481.47 for the calendar year 2004 just for their services in the Town of Gray.
Pineland News:
The March edition of the Pineland news was received. Once again it informs the region of their continued activities, events and improvements. A copy of the newsletter is at the Gray Public Library.
Boynton Property Sold:
On March 31, 2005 the Town completed the closing transaction in the sale of the Boynton Property off Rt. 115- Yarmouth Road. The bid price of $10,000 was received in addition to the $10,000 performance guarantee which would be returned within 150 days to assusure proper clean up of the property. Mr. Scott Dugas was the buyer and he had already commenced clean up efforts last fall. This property is paying taxes as of April 1, 2005.
Personnel Transition:
The Manager’s Office received a letter of resignation from Mark Stambach, our Code Enforcement Officer, effective the close of the business day, April 8, 2005. Mark has taken a position of CEO with the City of Auburn. We wish him the best of luck as he continues his career.
In the interim we have begun the advertising process for a full time replacement as well as attempting to have some part time coverage. Once the part time coverage is arranged we will notify the public of the schedule to try to meet the pressing needs of inspections and the like.
Respectfully,
Mitchell A. Berkowitz
Town Manager
Fourth Order of Business:
Committee Appointments and Resignations
Interviews- Mr. David Payne – Public Safety Committee-7/1/04-6/30/07
Mr. Jeffrey B. Ryan- Ordinance Review –Alt 7/1/04-6/30/07
Dry Mills School House-7/1/04-6/30/07
Grange #41 Scholarship-7/1/04-6/30/07
David Payne was introduced. Mr. Payne has lived in Gray since 2001 and worked for the Cumberland Fire Department for 22 years and the Sheriff’s department for 8 years.
Chair noted how Mr. Payne’s background would be a great asset as a volunteer Public Safety Committee member.
Jeffrey Ryan was introduced. Mr. Ryan moved to Gray three years ago and previously lived in Watertown New York. His background as a teacher assistant and union president afforded him the opportunity to work on many committees and he offered to volunteer on three of the Town’s committees. Chair Wilkinson explained the ORC meets monthly and the other two committees meet less often. Mr. Ryan was thanked for volunteering.
Committee Reports
Councilor Olson reported the CEDC met on March 16th. A Northbrook representative has asked for consideration for the Northbrook TIF due in part to the reconfiguration of the entranceway due to the upcoming bypass. The committee met on March 30th and reviewed the figures for the amendment request and unanimously supports the proposal.
Councilor Hall reported the Public Safety Committee met on March 22 and is asking the Council for a restatement and clarification of their charge from the Council. The committee has requested they be informed of future DOT meetings.
Councilor Hall said he attended the Easter egg program and the April 2nd tour of Pennell presented by the School Board and Library Trustees
· Councilor Wilkinson reported the Joint Leaders met with MSAD #15 representatives to discuss the school budget.
· Central Corridors Coalition is working on a call sharing program between the Cumberland County Sheriff’s department and the State Police. This program is already in place in many counties throughout the state and has been cost effective.
Council Correspondence-Cumberland County Hazard Mitigation Plan
Request for a “Disturbing the Peace” Ordinance
Cumberland County Soils and Water Conservation District
The Council was asked for a letter of support in the adoption of a mitigation plan. This plan would allow Gray to apply for FEMA funds that can be used to help offset the winter plowing costs.
An invitation was extended to the Council from Cumberland County Soil and Water Conservation District to attend their April 20th meeting in North Scarborough. Little Sebago Lake Association members will be presented the “Outstanding Stewardship Award” for their Lake Quality Program that included plant give-aways, surveys of the watershed to address runoff and protection of the lake’s natural resources.
A letter from the CEDC dated March 30th requested the Council to consider amending the TIF agreement for the Northbrook Campus. The CEDC is requesting a workshop before April 11th to further discuss this.
A letter from Carl Holmquist was received that discussed the sale of the Hancock property and the prior commitment made by Hancock representatives that involved an endowment for the Libby Hill Forest trails. Mr. Holmquist’s letter was addressed the Planning Board Chair Peter Gellerson and Code Officer Mark Stambach. Councilor Wilkinson noted this item will be agenda to the next Workshop agenda. Mr. Berkowitz added Carl requested the Planning Board to affirm the conditions of approval made at the time of the cell tower installation. The Manager was directed to draft a letter to Hancock officials concerning this.
Pennell Institute Alumni’s letter requested the property be returned to the town to be used to advance education opportunities for the citizens of Gray as detailed in Henry Pennell’s will to the MSAD #!5. The letter was an affirmation of the group’s interest in having the town take back the property.
A letter was received from Al Austin. Mr. Austin has recently been appointed as a Cumberland County Commissioner.
Darcel Devou’s letter was received requesting serving as a substitute at the Gray Public Library.
A letter requesting use of the Town meeting rooms for their meetings was received from the Presumpscot River Watershed Coalition as part of the Town’s participation and support for the Coalition efforts. This group is working on a conservation project that helps limit erosion while maintaining streams which also includes some water ways within the Town of Gray. The Public Works department will work with Cumberland County Soil and Water Conservation District to repair town road sites in the water shed area. The Council’s stipulation was that there was no cash contribution to the Coalition’s project.
A letter from MDOT was received in response to the Town’s request that improvements be made from the Town Center down Route 26 to the Public Safety Building. MDOT stated they will give the request consideration based on funding and state wide need.
Council Business
The ORC was sent a package to assist them in the discussions regarding the rezoning of the Village Center.
Councilor Olson addressed the Workshop of March 26th and noted she lost her composure during the zoning discussion with a citizen and apologized for responding emotionally when interrupted several times by a citizen in the audience. Councilor Olson said she apologized to her fellow councilors and to the citizens as well and noted this would not happen again.
Chair said while she did not want to conduct workshops under the Roberts Rule format, there had to be guidelines. She noted that mistakes are to be learning experiences and that all parties need to set the example for the younger generation. Any citizen wishing to speak at the Workshops should address their questions to the Chair; this will prevent more than one person speaking at a time.
Workshop Status-
Fifth Order of Business:
Additions to the Agenda
None
Councilor Foster moved to take Order #73 out of order. The motion was not seconded.
Sixth Order of Business: ORDERS
Order #67- Review and act on the proposal to amend the Town’s policy regarding non-sufficient check funds by adding a delinquency rate. Sponsor- Town Manager
This action requires a majority vote after an opportunity for public comment
Councilor Olson moved to act of the proposal to amend the Town’s policy regarding non-sufficient check funds by adding a delinquency rate.
Councilor Hall seconded.
The proposed rate will be after 60 days with interest accruing as established by the department of revenue. The rate is currently 7.75 percent.
There was no public comment.
The motion carried unanimously, 5-0.
Order #68- Review and act on the appointment of David J. Payne to the Public Safety Committee for the term 7/1/04-6/30/07. Sponsor- Town Manager
This action requires a majority vote after an opportunity for public comment
Councilor Hall moved to appoint David Payne to the Public Safety Committee for the balance term 7-1-04 – 6-30-07.
Councilor Sturgis seconded.
There was no public comment or Council discussion.
The motion carried 5-0.
Order #69- Review and act on the appointment of Jeffrey B. Ryan to the Ordinance Review Committee, Grange #41 Scholarship and Dry Mills Schoolhouse Committees for the term 7/1/04-6/30/07. Sponsor- Town Manager
Councilor Sturgis moved to appoint Jeffrey Ryan to the ORC, Grange #41 Scholarship and Dry Mills Schoolhouse Committees for the term 7-1-04- 6-30-07.
Councilor Olson seconded.
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 #70- Review and act upon the recommendations of the Council to amend the Town Manager’s Contract as a result of the annual performance review and evaluation.
Sponsor- Town Council
Councilor Hall moved to amend the Manager’s contract.
Councilor Olson seconded the motion.
Chair explained this order would extend the 2004-2005 contract by adding one year, which would terminate on June 30, 2007. The Manager’s salary would be based on the approval of the Town’s budget with the same rate of increase as other Town employees.
Councilor Foster expressed his concerns regarding the extension of the contract and noted that he was not on the Council at the time of the original contract for the Manager. Councilor Foster proposed the termination provision be reduced from 6 to 1 month’s severance and 1 month for the insurance coverage. He proposed the wording in Section 5 that address the contract automatically renew if the Council does not send notification, be stricken. While the retirement compensation seemed generous, he suggested there be a salary compensation to offset it instead.
Councilor Olson said she understood Council Foster’s concerns and how difficult it is to come in the contract negotiation process after an agreement is already in place. She said however, there the 9 month window for termination was reduced in the original contract to 6 months. Councilor Olson said she supported the additional one year contract.
Councilor Wilkinson noted the Manager’s contract provisions are similar to other contracts. Councilor Sturgis explained that while he could see both sides of the issue, the contract was standard boilerplate. The Manager would be required to notify the Council by November 1 and the Council would have to provide the Manager notice by December 31st. This provides a 60-day window.
There was no further Council discussion.
Dick Wood asked why the Council was in such a rush to extend a contract that runs through 2006 and suggested the Council wait before discussing any extension.
Councilor Wilkinson explained that the conversations have been discussed during the Manager’s evaluation. Mr. Wood said there was plenty of time left of the existing contract and there was no need to decide tonight.
Councilor Foster added that in no way does his lack of support for the contract extension have any reflection on the Manager’s performance.
Wade Trudel asked for clarification concerning the contract renewal. He wondered if the Council did not notify the Manager by January 1st in the last year of the contract, the taxpayers would have to pay his salary for the next 6 months. Councilor Wilkinson explained that if the Manager was not sent notification by January1st the contract would renew automatically for one year on the next July 1 following. If the Manager were notified that he was not to be rehired, he would work until June 30th, the end of the last year of the contract. Councilor Olson added unless the Manager was terminated for cause and purpose, he would work through June 30 with no financial obligation remaining.
Mr. Berkowitz explained that prior to his arrival on May 1, 2001, the Town Attorney and the Council negotiated the terms of the first contract which ran for the first three years. The termination benefits were actually higher then and included the federal COBRA requirement. If the Manager misses the notification deadline of November 1st to the Council in the last year of the contract, the contract ends at the following June 30th. Mr. Trudel said he did not support extending the contract and that the document was confusing to say the least.
Don Crandell asked if the Town Attorney has reviewed the contract and the provisions included and if so, it suggested the Council move on the order.
Fran Monroe wondered why there would be a need for a two year contract if the Council is going to renew it annually. She suggested the outgoing Councilors would be creating a “leave package” as their terms are up. Ms. Monroe agreed that the wording in Section 11 is not clear and she did not support the extension of the contract. Councilor Sturgis explained the COBRA benefit is only for 6 months unless the Manager obtains new employment; which in that case would only be coverage for 30-days before his new coverage was to be effective to assure uninterrupted coverage for the Manager and his family.
Terry Wilkinson suggested the Council wait until next year before extending the contract and noted a lot could happen in a year’s time. He hoped the Council would allow the contract to run its course before deciding.
The vote was 4-1. (Foster opposed)
This action requires a majority vote after an opportunity for public comment
Order #71- To review and act on the Gravel Ordinance as recommended by the Town Council. Sponsor- Town Council
Councilor Sturgis moved to forward the ordinance to a second reading.
Councilor Olson seconded.
This ordinance has gone through Planning Board, State DEP and Town Attorney review.
Councilor Sturgis amended the main motion to include a public hearing.
Councilor Olson seconded.
There was no Council discussion or public comment.
The vote was 5-0 on both the amended and main motions.
This action requires a majority vote after an opportunity for public comment
Order #72- To review and act on sending the request for a Disturbance of the Peace ordinance to the Ordinance Review Committee. Sponsor- Town Council
Councilor Hall moved to TABLE Order #72.
Councilor Foster seconded.
It was noted that more information is needed and the subject will be discussed at the next Workshop.
The motion carried unanimously, TABLED.
This action requires a majority vote after an opportunity for public comment
Order #73- To review and act on sending several sections of the zoning ordinance to the Planning Board for the official public hearing. The sections are attached to this Order.
Sponsor-Town Council
Chair explained that after several months of review, several proposed changes to the zoning ordinance have been proposed that will encourage existing businesses to take part in the town and to help broaden the business tax base. In conjunction with the Gray Water District, the proposed changes are in keeping with the Comprehensive Plan and will provide a larger area for economic growth.
Councilor Olson moved to act on sending sections of the zoning ordinance to the Planning Board for the official public hearing.
Councilor Foster seconded the motion.
Councilor Foster expressed that he was not ready to move forward and that the reduction of the front setback requirements (to encourage parking) that were discussed at the last Workshop are not included the ordinance.
Chair Wilkinson stated that the process has taken 18 months and that the ordinance is 85% complete. She supported moving the ordinance for public comment at the Planning Board level to get the process started. The ORC is currently working on the Village Center zone and the other zones can be separately addressed by the Planning Board if they choose to do so.
A few housekeeping issues were brought up by Council Sturgis in section 402.20.2 and in 402.20.1.D regarding impervious surfaces (“non” conforming to be added); 402.22: 30% impervious should be 15%; 402.22A definition needs to be improved; The Manager said he would address these items.
Councilor Sturgis stated he did not think the document was ready and that there was not enough time for the reading and implementation. He proposed wider exposure be generated and that the Planning Board supply specific comments for each zone. Councilor Sturgis said that the Town can’t move forward with a map that has a zone that doesn’t exist. He proposed the zones were set in place before action is taken.
Councilor Olson said most of the zones will go through without incident and that looking at the integrated whole is very important with regard to zoning. The Council will use the comments obtained from the Planning Board for future discussions.
Councilor Foster said he felt the Council was being too premature in forwarding the document to the Planning Board at this time.
Councilor Hall said that moving the document to the Planning Board is not the end of the line, more discussion will be forthcoming as a result.
Public Comment:
Dick Wood, asked about animal husbandry as a permitted use in the BR zone. The Manager suggested a bracket be added that notes: the use as consistent with best practices and state management regulations. Mr. Wood said he supported the idea and that it would help provide clarification.
Jean Bibber, 297 Portland Road noted that none of the proposed wording applies to where her home is located and wondered if her property was included in the RRA zone. She also inquired as to that permitted use would require Planning Board approval. Councilor Wilkinson explained that a home occupation does not require approval but a use that includes hazardous material would be subject to state law and board review for approval. Ms. Bibber noted there was a press report that referred to the Bibbers as requesting a zone change. The Manager explained that there were discussions but that no written procedures or recommendations were made. Ms. Bibber said that if properties located in contiguous zones could petition for a zone change, what could stop the entire community from doing so if their properties abut another zone. Ms. Bibber suggested
this information be made public so that property owners are aware before the ordinance goes to the Planning Board for a public hearing. Jean Bibber stated she did not request a zone change and wished to remain in the MD zone.
Don Hutchings noted how difficult the Councils’ job was and noted that nothing will ever be 100%. Mr. Hutchings mentioned that while the Comp Plan process was going on over 18 months, only a handful of people were involved in the process. He stated his support of moving the ordinance to the Planning Board for review and public comment.
Michael Mains said he supported inserting the best management practices wording regarding animal husbandry.
Andy Upham noted that if Councilor Sturgis remembered a discussion where consensus was met regarding impervious surfaces, that wording should be included in the ordinance. If it is not there, the Council should table the item tonight before it is sent on to the Planning Board.
Ralph Wink stated that the zoning process began almost four years ago and that while the document is not perfect; doing nothing is worse. Ralph supported moving the document forward tonight.
Ken Finnegan, Colley Hill Road compared the matter as a hot potato being tossed to the Planning Board. He wondered if it was that board’s role to look at the specifics and issues and propose the changes for the Council or if that was the Councils’ role. Mr. Finnegan added that if the issue is such a hot potato, it could be subject to a town wide vote like other towns have down (LNG Plant). Chair noted that the town is subject to a statutory requirement that the item goes to the Planning Board for public comment or it could be said the Council was solely responsible for making the decision.
Fran Monroe questioned why drive-throughs are allowed in the new BR district. Councilor Wilkinson noted the reason behind it was to give businesses the opportunity to incorporate them if they wished to and it was also discussed during the comprehensive plan process. Ms. Monroe said she would like to see where the comp plan addresses drive-throughs and hotel/motels.
With regard to Route 100 north, Ms. Monroe said the description of the Village Center zone does not include 10 homes on her street. In light of this, the Planning Board should not be receiving the ordinance for a public hearing. The Manager explained that if the Council approves tonight, the Wellhead residents will receive notification from the Planning Board. Ms. Monroe questioned whether or not the Planning Board could hold a public hearing for this issue.
Councilor Sturgis referenced Title 38.9 that states before adopting, the municipal reviewing authority must provide notice of a public hearing. The municipal reviewing authority is the Planning Board.
Pat Watson read a letter she wrote that including her feeling the Council was sending mixed messages. Ms. Watson noted that while this process has taken two years so far, there are those who feel compelled to push this through before the term of some of the Councilors expire. Her letter noted the drainage problems along Route 100 south and noted flooding and erosion problems in that area. She inquired if the MDOT had a policy for driveways and curb cuts and if so, that policy should be referenced in light of the motorcycle accidents and telephone poles that have broken in the area. Ms. Watson wondered if a home occupation was a permitted use. Councilor Wilkinson explained the frontage requirements for Ms. Watson home were grandfathered and home occupancy was already allowed. Councilor Olson noted the Town’s Street Construction
Ordinance contained the driveway requirement and that the zone change would not address them.
The vote was 4-1 (Foster opposed).
Councilor Sturgis said the matter has created a substantial public relations glitz and that he hoped the confusion would be cleared up by providing the public more information.
This action requires a majority vote after an opportunity for public comment
Seventh Order of Business
Public Discussion of Non-Agenda
Tim Miller addressed the Council and thanked them for the apologies extended by Councilor Olson and the Chair. Mr. Miller stated that he and his wife did not regret standing up for what is detrimental to the Town and have never felt so strongly about an issue as the rezoning. With the proposed zone adjacent to their property, the Millers have attended several meetings and feel the Council should be unbiased in their efforts to resolve issues. Mr. Miller stated the Council has kept the citizens items at the end of their meetings and in many cases have told citizens to wait or that they would not be discussing the items after all. Tim asked that it be part of the record that the Council considers immediate procedures to unseat Councilor Olson for her actions on March 28th where she was demeaning and condescending.
Councilor Wilkinson explained both sides need to be respectful of each other and Councilor Olson acknowledged her part for which she is to be commended. She noted the matter would be dropped unless anyone else from the Council contacts her with other reasons to move on the suggestion to unseat Councilor Olson.
Councilor Foster said the Council can not control the publics’ reaction to what actions the Council takes but it would be a good measure to treat each other respectfully which primarily falls on the Council.
Carl Holmquist asked how the Council was planning to proceed regarding Hancock Lumber and the Libby Hill Forest and informed the Council that a real estate attorney told him there was a case if the Town chose to pursue the matter legally. Councilor Sturgis complimented the work that has taken place and said he would be happy to help in bringing all the parties together to resolve the issue. Councilor Wilkinson said that more information is needed and the Council will proceed with a workshop first before deciding whether or not to proceed with legal action.
Eighth Order of Business: Adjournment
The meeting adjourned at 11:09 p.m.
Respectfully submitted,
Janmarie A. Bourret
Recording Secretary
4/17/05
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