GRAY TOWN COUNCIL
MEETING MINUTES
AUGUST 2, 2005
Present: Town Council Members: Gary Foster, Andy Upham, Denise Duda, Skip Crane
Town Manager Mitchell Berkowitz
Others Present and Speaking: Richard Barter, John Welch, Jason Wilson, Mark Sanborn and Fran Monroe
Chair Foster called the meeting to order at 7:00 p.m.
First Order of Business
Public Hearing: Receive public comment on the refuse haulers’ license renewals for Blow Brothers; Troiano; Robichaud Rubbish Removal (FKA J&T Rubbish Removal); Pine Tree Waste (AKA Casella) and Waste Management of Maine
There were no comments from the public.
The public hearing was closed.
Second Order of Business:
Approval of July 19, 2005 Town Council Minutes
Councilor Crane moved to approve the minutes of July 19, 2005.
Councilor Upham seconded the motion.
There were no corrections or comments from the public.
The motion carried 4-0.
Third Order of Business:
Reports from the Council Chair
Councilor Foster noted that in the future he would only read signed letters and correspondence. At the last meeting he read a letter that was sent anonymously.
Councilor Foster noted that Paul Proudian requested information pertaining to Pennell and had been sent all relating emails. Hard copies of correspondence are at the Town Office but Councilor Foster was unaware if Mr. Proudian had picked them up.
Don Crandall requested a copy of the anonymous letter, which was delivered to the Town Office for him to pick up.
Bill Dale, the Town’s attorney will meet with the Council at their August 8th Workshop to discuss Pennell and the Freedom of Information Act. A member of the Gray Historical Society will be in attendance.
Reports from the Town Manager
Tuesday
August 2, 2005
Town Meets with the Department of Labor:
The Director of Buildings and Grounds and the Town Manager met with a representative of the Departments Bureau of Labor Standards on July 28 to review the Town’s efforts to abate the violations that had been cited in their February inspection. As a result of the two-hour meeting, the representative indicated that he would recommend to the Commissioner that all fines and penalties be reduced to -$0- since the Town ‘s response was both thorough and comprehensive. The Town was facing fines and penalties of about $5,025 but through the abatement and compliance process expended over $7,600 in equipment purchases and services plus close to $10,000 of staff time. The Town must assure continued compliance in the future.
Code Enforcement Officer Hired:
Paul White who has been under part time contract with the Town of Gray to provide code enforcement services has accepted the position on a full time basis as an employee of the Town. Effective August 1, Paul will continue his efforts to reduce the turn around time on all requests for permits. In addition, Paul will be working some evenings to complete permit applications.
Paul brings to this position his certifications and several years of Code Officer experience in Raymond and Frye Island as well as having been the Chair of his Planning Board for three years in Raymond. The interview committee unanimously concurred with this appointment.
Public Works Promotion:
It was a privilege to for me to promote Mr. Art St. Cyr to Crew Leader in the Public Works Department. Art has been with the Town for many years and was recommended by Steve LaVallee to fill in for Charlie Kimball who has been on a Family Medical Leave.
During his six month probationary period Art will continue to learn more of being a crew leader and work with Steve as they prepare for the balance of summer road work and preparations for next winter. During the next two months the Town will be advertising for a full time entry level-Driver/Operator position for the Department.
Loss of Power and Gray Village Protocols:
A few weeks ago during an electrical power loss, a citizen voiced their concern about traffic controls when we lose electrical power. Contrary to their comments, both the County and State Police were present at different times during the July 12 power loss. More importantly, Chief Barton has had a protocol in place when such events occur.
This also included the assignment of our own Public Safety personnel when the County or State Police personnel are not available and the duration of the outage is expected to be lengthy.
Annual Report Project:
Each year at this time the new Annual Report is started. It reflects the information, reports and audit for the year just ending June 30, 2005. Included in that report is the Report of the Chair. Because of the turnover in the Council, Chair Foster might consider contacting the previous Chair to discuss the items to be reported on. Staff is also working on their Department reports and all of the reports shall be turned into the Manager’s office at the end of August. The Report will be printed and available by the end of October.
Rt. 202 Pavement Markings:
After several calls to both the Turnpike Authority and the MDOT, I have been informed that both agencies will work together to repaint the pavement markings on Rt. 202 in the vicinity of Exit 63. This has become a serious safety issue since vehicle operators are not paying attention to the signage in that area. The work is scheduled for Wednesday, August 3 with a rain date of August 4 in the late evening hours.
Library Hosts Author:
On Saturday, August 6 the Gray Public Library will close at noon so that all may participate in the book signing and lecture by Maine author Tess Gerritsen. Miss Gerritsen has also been on the list by New York Times. Her stories are medical mystery novels. This program commences at 2:00 PM at Stimson Hall. All are invited to attend.
Respectfully,
Mitchell A. Berkowitz
Town Manager
Paul White was introduced and congratulated on his new position as the Town’s Code Enforcement Officer. Mr. White addressed the public to say he hoped to make bring his past experience to Gray and wanted to make a difference. He offered to help citizens in any way he could and hoped they would bring matters to his attention. Paul said he looked forward to working with the Council and would take note of areas of the Ordinance that may need to be addressed. Chair Foster welcomed Mr. White aboard and said he had already received positive feedback from one citizen on Mr. White’s appointment.
Fourth Order of Business:
Committee Appointments and Resignations
It was reported that Darcell Duvoe resigned from the Gray Library Board of Trustee and Richard Hall has applied for the post.
Committee Reports
Councilor Duda reported that she attended the Cable Committee meeting and commended the group for their hard work and huge time commitment. The committee asked for ideas from the citizens and hoped to help produce more programming for the Town. Please contact the Cable Committee at 657-5898.
Councilor Upham attended the Zoning Board of Appeals meeting where the group is discussion changes to the zoning ordinance. The Board has requested copies of the proposed changes, which they will discuss with the Ordinance Review Committee this Thursday evening. Councilor Upham attended the Planning Board meeting and informed them that they will be receiving the proposed zoning amendments for discussion. The appraisal for the Hancock Property are forthcoming according to Paul Cloutier, the Town should receive the appraisal next week.
Councilor Crane attended the Public Safety Committee meeting on July 26th. Frank Chambers was present, representing New Gloucester. The group discussed the procedures that are in place for power outages. On August 6th Public Safety will be hosting the annual Chicken Barbeque. The 125th anniversary celebration will be on August 17th, Route 26 will be closed from 1-3 p.m. The bids are almost ready for Squad 6. The work for Mayall Road bridge repairs will be bid out this fall with work commencing next spring. The bridge will need to be closed for up to 45 days during the repair work.
The Committee also discussed a sign ordinance that would include house numbering for rescue response.
Councilor Crane said he was unable to attend the Community Economic Development Committee meeting. The CEDC has requested a meeting with the Council that would include a presentation.
At the Crystal Lake Association meeting, the group discussed milfoil concerns regarding the lake and will be making recommendations for the lake and beach areas with regard to access. The group would also like to conceal the portable toilets at Wilkies Beach. Cumberland County Soil and Water Conservation District is working around the lake to help prevent water erosion in conjunction with the Royal River youth group. Louise Knapp from the Gray Historical Society is working on documenting the oldest camp on Crystal Lake and some lake history.
Council Correspondence
Councilor Foster read a letter from Larry Robinson, Town Farm Road that asked for the Council to respect the wishes of the voters and turn Pennell over to the GPLA>
A letter was received from Richard and Beverly Prince that asked the Council to resolve the Pennell dispute and to turn the building over to the GPLA.
Don Crandall, Brown Road, requested all correspondence regarding on Pennell.
A letter from Miriam Bisbee, Whitney Road expressed her opposition to the pending litigation regarding Pennell.
Council Business
Interview questions for the Council Candidates
The Council reviewed the questions to be posed to potential council candidates and made some medications. So far, only one application has been received. The deadline is August 8th at noon. On August 16th the Council will hold interviews and conduct an open vote for the vacant council position.
Discussion of the Pennell Institute, Trust, Stakeholders and Strategies
Councilor Upham distributed copies on the lease proposal from which he added extractions from the comprehensive plan that related to the Pennell issue. Councilor Upham stressed the importance of working with the Gray Historical Society specific to Pennell and hoped the Council would continue to work with GPLA regardless of the fact that they wish to wait on negotiating a lease until after the court case is resolved. He suggested the talks continue and that they are critical to the success and preservation of Pennell. Councilor Upham talked about the importance of working with Gray’s neighbors in New Gloucester and suggested the Council meet with the Selectmen from New Gloucester at some point.
Councilor Upham went over some of the points contained in the Cohen Report and the Sewell Report with regard to Pennell and went over some highlights.
The Cohen report noted the existing library at Hancock Street needs basement renovations – approximate cost $200,000. Additional costs- approximately 1.25 million. Total: 1.425 million dollars.
The Sewell Report: noted Pennell has 12,600 sq feet of available space. Renovations approximately: 1.4 million.
Property Value: 1 acre at Pennell assessed value: $498,000. Adjacent land value: $186, 700.
Councilor Upham also noted that the library on Hancock Street is located in the VAP zone, which is significant with regard to expansion and the need for frontage requirements and impervious surface limitations. If the Planning Board allowed 30% impervious surface coverage, there would be approximately 13,068 sq. ft for an expansion. Which would yield only 8-9 additional parking spaces at the Pennell location.
If an expansion were to take place at Hancock Street, there would be approximately 11,588 ft for parking; 28-29 cars.
The Sewell Report noted a figure of $1.5 million dollars to renovate Pennell considering the Town and SAD’s occupation of the building. Radon is permeating into the addition at Pennell and would cost approximately $400,000 to address. If a decision were made to just renovate Pennell without the addition, the price tag would be reduced to $479,700. This figure does not include life cycle costs and the expenses related to maintaining the life of the building as opposed to erecting a new building. Paving, grass and landscaping: $157,000. The first costs the preserve the main building: $479,700.
All these factors impact the Town with regard to a long-term lease agreement with GPLA and need to be explored. The library and options for it should be considered as a separate matter.
The Manager and the Council talked about who they would like to attend the Workshop meeting on August 8th and decided it to invite GPLA, Library Trustees, SAD and Historical Society members to attend. The Town Attorney, Bill Dale will be at the Workshop meeting that evening to answer questions. Councilor Foster said the Town of New Gloucester should be brought into the discussions after the Council gets a better sense of where they are going (after the Workshop is held).
Councilor Duda suggested the stakeholders receive memos after the meeting on the August 8th. The Manager said he would email all parties mentioned to the Workshop and will mention the points discussed. In September a definitive date will be set.
Councilor Upham suggested the Manager work with the library personnel to obtain more data and to work with them on scalability. Like with any department within the Town, an expansion project needs to be looked at closely and planning for as far as capital expenses go and to see if work can be done incrementally. Another consideration is to work with the Historical Society and to obtain some insights from them as well. It is possible they could move into the addition at Pennell while the main building is being renovated.
Workshop Status-
Review of Items from July 25th
· Zoning Discussions: clarifications, grammar, definitions and uses were discussed. Amendments were sent to the Planning Board, Ordinance Review Committing and Zoning Board of Appeals.
· Council Vacancy will be decided by an open vote as opposed to secret ballot. Questions for potential candidates were reviewed.
· Chief Barton presented information on the homeland security grant and regional communications.
· Councilor Upham suggested the Council consider adding an agenda item that lists upcoming agenda items. (Action will be taken on Order # 8).
· The Council agreed to postpone the survey for Monday’s meeting and will reevaluate the matter to see if it is cost prohibitive. A draft policy will be drawn up that address the requests for information under the Freedom of Information Act.
Draft Agenda for August 8th:
· Historical Society discussion-Pennell Historic Value
· Meeting with Town Attorney on Several Items
· Charter Amendment re: Town Meeting Change and Survey
· Council Committee Rules-Ethics and Conflicts of Interest on Committees
· Submittal of Draft email and response (FOA) policy-procedures
Fifth Order of Business:
Additions to the Agenda
None
Councilor Duda asked if action was going to be taken on moving up the public discussion order on the Council agenda. Councilor Foster said that five members are required to change the agenda items according to the Charter.
Sixth Order of Business: ORDERS AND ORDINANCES
Order #12- To review and act on the refuse haulers’ license renewals for Blow Brothers; Troiano; Robichaud Rubbish Removal (FKA J&T Rubbish Removal); Pine Tree Waste (AKA Casella); and Waste Management of Maine.
Sponsor- Town Council
Councilor Crane moved to act on the refuse haulers’ license renewals.
Councilor Upham seconded the motion.
Councilor Crane asked if any haulers were missing from the list.
The Manager noted that several were missing from the list.
There were no other comments.
The vote was 4-0.
This action requires a majority vote after an opportunity for public comment
Order #13- Review and act on the appointment of Robert Quigley to the Dry Mills Schoolhouse Committee
Sponsor- Town Council
Councilor Upham moved to act on the appointment of Robert Quigley to the Dry Mills Schoolhouse Committee.
Councilor Duda seconded.
Councilor Duda said she spoke with several members of the committee and all have expressed their support and appreciation of Mr. Quigley. The committee has also asked that the Council would note that volunteers are needed and if anyone is interested to contact the Town Office. Councilor Upham said he hoped the Council would have met Mr. Quigley at a Workshop or that he would be present this evening and wondered if he was aware that he would possibly be accepted tonight. The Manager said he was unaware of whether or not Mr. Quigley was verbally invited to attend tonight’s meeting. Councilor Upham added that in the future, notification is important.
There were no other comments.
The vote was 4-0.
This action requires a majority vote after an opportunity for public comment
Seventh Order of Business
Public Discussion of Non-Agenda Items.
Richard Barter, Hancock Street asked about the status of Order #11. Councilor Foster responded that the previous Council discussed this after getting a second opinion from the AG, after the Town Attorney had noted the AG was not a judge and it would be necessary for a judge to make a determination. Mr. Barter said that any litigation cost the Town money and that it is not simply a matter of a title search.
Councilor Upham suggested the Council take advantage of the Sewell and Cohen Report information and realize that the current library is inadequate. The funding could be provided over a 20-year period and phased in. The vision of what the Town should be and how that correlates with the Comprehensive Plan and capital budget needs to be addressed so citizens can make an informed decision.
John Welch, Mayberry Road asked for more information about the closing of Route 26 for the 125th anniversary celebration for Gray Fire and Rescue on September 17th. Councilor Crane explained that the road closure is due to pedestrian concerns and there are plans to move traffic to the Auburn exit with postings at the Gray exit. Mr. Welch asked if there were other concerns, such as parking. Councilor Crane said he did not know any more details surrounding the closure. The Manager interjected that there will be a parade route and the celebration will be subject to the Town’s Mass Gathering Ordinance. The Town has not yet received an application for a mass gathering permit.
Councilor Foster added that upwards of 2,000 attendees is possible.
Jason Wilson, 44 Gray Park addressed the Council noting his attendance at several meetings and workshops with regard to his property with regard to plans to expand his business. The CEO has determined that adding on creates a change of use and would require a trade off of space to meet the ordinance’s impervious surface requirement. In order to expand, part of the existing business would need to be demolished and several parking spaces eliminated which poses a significant hardship.
Mr. Wilson presented a letter dated July 18, 1995 that was addressed to his father Earle Wilson and notes the property was grandfathered and was not filed as such due to a clerical error. Mr. Wilson asked the Council to make a determination or a final ruling on the matter with regard to his nonconforming property. Councilor Foster asked that Jason submit his request in writing.
Councilor Duda asked why a permit would be needed if the lot was deemed grandfathered. Councilor Upham said he was a member of the ZBA when Jason asked for a variance and the letter was not available at the time the Board made their decision and if the Board had a copy of the letter at that time, it may have influenced their decision.
Councilor Duda asked that the letter be reviewed and that the information obtained from the Town Attorney be forwarded to Mr. Wilson as soon as possible. The Manager indicated that it should not take the Town Attorney long to determine the status of the letter.
Councilor Foster said that by virtue of the fact that the letter was written on town letterhead it should be honored and if the town is to maintain any credibility.
Mark Sanborn, Shaker Road asked where the fees for the court case for Pennell are coming from and if the council is aware that more money will be needed to resolve the case. He reminded everyone about the estimates that were provided at the time of the McKin suit and the quotes that were given at that time sorely underestimated the expenses. The quote was $30,000. The Town spent over $200,000 before the matter was resolved. Mr. Sanborn added that he was certain the Manager would be requesting more money in January for legal fees.
Fran Monroe, Lewiston Road said she disagreed with Chair Foster with regard to Jason Wilson’s letter and suggested the matter be filed in court at Mr. Wilson’s expense if he chooses to overturn the ZBA’s decision. In Ms. Monroe’s opinion, the Town should not have to incur legal fees for this and Mr. Wilson’s long-standing position, as a business owner and life long resident should not be a factor.
Ms. Monroe thanked Councilor Upham for his work on presenting the information on the related costs to renovating Pennell and mentioned that many people are not thinking about how the traffic situation will be impacted if the Library moves into Pennell. With so much activity going on in that area, there will be additional noise and traffic there. Parking would also be a problem. If GPLA takes over Pennell, what would happen to the community center at Newbegin for the area’s children? Also the bond issue the GPLA has included in the plan – when did this come about?
Ms. Monroe asked what the costs were associated with demolishing part of Pennell and suggested it might be less expensive to keep the library located at Hancock Street.
Councilor Foster said the Council was just made aware of the bond that was included in their 501.3.c application, at their last meeting.
Councilor Upham suggested the attorney review Mr. Wilson letter and if it is determined he can be permitted, it would be an issue for the CEO to handle and not the Council.
Mr. Berkowitz added that the CEO would ultimately make the decision, if Mr. Wilson needs to obtain an appeal, and if he were denied, he would then need to proceed to court. Ms. Monroe wondered why the letter surfaced after all this time.
Mark Sanborn said the Council should not allow any citizen to settle their personal vendettas during a Council meeting. He asked the Chair not to allow this to continue.
Mr. Wilson explained that his father came across the letter by happenstance and that there were no plans to sue the town and cost the taxpayers money over the matter. Jason said he hoped to continue to work in conjunction with the Town to address zoning concerns. Ms. Monroe said so many other residents have lost their properties during Renee Carters term as CEO and those citizens had no recourse. Clerical errors have damaged and hurt people and the Town should not allow this.
There were no other comments.
Eighth Order of Business:
Council Action Items and Assignments
Councilor Upham requested that the Council make the CIP a working document that goes in concert with the budget. The Council could look at the capital improvements first and work them into the budget process. Mr. Berkowitz said he would be providing the current CIP information to the Council and noted that it would need to be updated as each town department reviews their budget planning for 2007. Councilor Upham also brought up fees associated with the Planning Board and the need for the Council to look at how they are spent. The Manager answered Councilor Upham’s question about the TIF funds and said they were not included in the CIP figures. Councilor Foster suggested periodic maintenance is included in the CIP for items like roof expenses.
The Manager explained that at the next Finance Committee meeting they would be discussing the make up of that committee. If any changes were to be done, a charter change would be necessary and then a council rule change to follow. The entire process would take about one year.
Ninth Order of Business:
Adjournment
The meeting adjourned at 9:13 p.m.
Respectfully submitted,
Janmarie A. Bourret
Recording Secretary
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